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Home My WebLink About2005.12.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 20, 2005 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda Filed in the office of the City Clerk and posted at City Fall 5:00 p.m. on Friday, December 16, 2005. Juliann M. Stevens, Administrative Assistant ,j 1,4'1 1. Call to Order Mayor Craig Thoendel 2. Invocation Todd Clark, Destiny Fellowship 3. Flag Salute 4. Roll Call S: \ Agendas \Counci I \2005\ 1220. doc Owasso City Council December 20, 2005 Page 2 5. Presentation of the City of Owasso Employee of the Month for December 2005 Mr. Ray Mr. Ray will introduce the Employee of the Month for December 2005. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the December 6, 2005 Regular Meeting and the December 13, 2005 Special Meeting. Attachment # 6 -A B. Approval of Claims. Attachment # 6 -B C. Acknowledgement of receiving the monthly FY 2005 -2006 budget status report. Attachment # 6 -C D. Acceptance of the First Baptist Church Water System Improvements, to include approximately 1,632 linear feet of ten inch, 59 linear feet of eight inch, and 494 linear feet of six inch PVC potable water line. Attachment # 6 -D Staff will recommend Council acceptance of the First Baptist Church Water System Improvements. E. Acceptance of the Water System Improvements Phase I, North Service Area Transmission Line and authorization of final payment to McGuire Brothers Construction, Incorporated in the amount of $176,954.59 for a total contract amount of $1,626,888.29. Attachment # 6 -E Staff will recommend Council acceptance of the Water System Improvements Phase I, North Service Area Transmission Line and authorization of final payment to McGuire Brothers Construction, Incorporated in the amount of $176,954.59. S \Agendas \Counci I \2005\ 1220. doc Owasso City Council December 20, 2005 Page 3 F. Approval of a one (1) year extension to an Inter -local agreement between the City of Owasso and the City of Collinsville for jail services. Attachment # 6 -F Staff will recommend Council approval of a one year extension to an inter -local agreement between the City of Owasso and the City of Collinsville for jail services at a rate of $27.00 per day (on a 24 hour basis) per prisoner. Such extension to begin January 1, 2006 and expire on December 31, 2006. G. Approval of an amendment to the City Manager's Employment Contract for 2005- 2006. Attachment # 6 -G Consideration and appropriate action relating to a request for Council acceptance of a donation from Red Robin Gourmet Burgers; approval of a budget amendment to the FY 2005 -2006 General Fund.; and, a supplemental appropriation increasing expenditures in the Fire Department Budget. Mr. Clark s Attachment #7 ' Staff will recommend Council acceptance of a $232 50 donation from Red Robin Gourmet Burgers; approval of a budget amendment to the FY 2005 -2Q06 General Fund increasing the estimate of revenues in the amount of $2,327.50; and, approval of a supplemental appropriation increasing expenditures in the amount of $2,327.50 in the Fire Department Budget. -�a 8 Consideration and appropriate action relating to a request for Council approval of Ordinance No. 834, an ordinance prohibiting the parking of motor vehicles within or otherwise obstructing designated fire lanes and providing for the enforcement of violations by the Fire and Police Departments. Mr. Clark Attachment #8 Staff will recommend Council approval of Ordinance No. 834. S- \Agendas \Counci l \2005\ 1220.doc Owasso City Council December 20, 2005 Page 4 9� Consideration and appropriate action relating to a request for Council approval of annexation request Oa 05 -10, containing approximately 20 acres, more or less, located south of the southwest corner of E. 96th Street North and N. Garnett Road, Mr. McCulley Attachment #9 Staff will recommend Council approval of annexation request Oa 05 -10. < Consideration and appropriate action relating to a request for Council approval of an easement closure consisting of 240 sq ft of a 20' utility easement located on the east side of Lot 6 Block 1 (11201 E. 21St Court North) as shown on the filed plat of the Country Estates VI subdivision. Mr. McCulley Attachment #10 Staff will recommend Council approval of an easement closure consisting of 240 sq ft of a 20' utility easement located on the east side of Lot 6 Block 1 (11201 E. 21St Court North) as shown on the filed plat of the Country Estates VI subdivision. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 835, an ordinance providing for Landscaping Standards to be developed by the City of Owasso. Mr. Wiles Attachment #11 Staff will recommend Council approval of Ordinance No. 835. Is Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2005 -21, a resolution defining the Landscaping Rules and Regulations for %{ the City of Owasso. Mr. Wiles attachment #12 Staff will recommend Council approval of Resolution No. 2005 -21. S: \Agendas \Counci I \2005\ 1220. doc Owasso City Council :December 20, 2005 Page 5 i> r` X13. Consideration and appropriate action relating to a request for Council approval of � Ordmancc No. 836 an ordinance amending the side yard set back requirements to allow for 5' and 5' setbacks within single- family residential zoning districts. / Mr. Wiles ..,- "'Attachment # 13 Staff will recommend Council approval of Ordinance No. 836. 0,, "Consideration and appropriate action relating to a request for Council approval of the purchase of one utility vehicle for the Police Department. Mr. Yancey Attachment #14 " Staff will recommend Council approval to award a bid in the amount of $25,498.00 to United Ford of Tulsa, Oklahoma for the purchase of one 2006 Ford four wheel drive utility vehicle. 5 Consideration and appropriate action relating to a request for Council approval of an amendment to Ordinance No. 838, an ordinance amending Part 7, Chapter 1, Section 7- 109 of the City of Owasso Code of Ordinances by providing for the creation of a worker's compensation imprest account with administration and check signing authority by the contract third party administrator. Ms. Bishop Attachment #15 Staff will recommend Council approval of Ordinance No. 838, S:\Agendas\CounciI\2005\ 1220. doe Owasso City Council December 20, 2005 Page 6 16. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2005 -22, a resolution authorizing the institution and prosecution of condemnation proceedings to secure permanent Right of Way and Temporary Construction Easement necessary for the Silver Creek Drainage Improvements Project, and authorization of the City Manager to take action necessary for the initiation of such proceedings. Ms. Stagg Attachment # 16 Staff will recommend Council adopt Resolution No. 2005 -22. 17. Report from City Manager.m� <: 18. Repoit from City Attorney. r> 19. Report from City Councilors. Z 20. N6w B�ness (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 21. Adjournment. S \Agendas \Cownci1 \2005 \1220_doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 6, 2005 The Owasso City Council met in regular session on Tuesday, December 6, 2005 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, December 2, 2005. ITEM 1. CALL TO ORDER The meeting was called to order at 6:33 p.m. ITEM 2. INVOCATION The invocation was offered by Reverend Mark Neumann, Faith Lutheran Church. ITEM 3. FLAG SALUTE Vice Mayor- Steve Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Craig Thoendel, Mayor Steve Cataudella, Vice Mayor Brent Colgan, Councilor Wayne Guevara, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT Susan Kimball, Councilor ITEM 5. READING OF THE MAYOR'S PROCLAMATION Mayor Thoendel read a Proclamation recognizing the Pride of Owasso Marching Band for its many accomplishments and proclaimed December 6, 2005 as The Pride of Owasso Day in the City of Owasso. Owasso City Council December 6, 2005 ITEM 6. PRESENTATION OF THE CHARACTER TRAIT OF SELF-CONTROL Marinelle McPherson, a member of the Owasso Character Council, presented to the Council Self- Control, the Character Trait of the Month for December 2005. ITEM 7. PRESENTATION OF THE CITY OF OWASSO EMPLOYEE OF THE YEAR aQ nitro r ced j l liainn Stevens, 4 +11 Managerial 11@ ...d Y R d Y l Administrative ��si tan6 its me Managerial Department, as the City's Employee of the Year and the recipient of the Eagle Award. ITEM 8 CONSIDERATION AND APPROPRIATE REQUEST FOR CO , ►' OF AGENDA A. Approval of Minutes of the November 15, 2005 Regular Meeting, E. Approval of Claims. C. Approval of Ordinance No. 533, an ordinance approving OPUD 05 ®02, a planned unit development containing approximately 241.74 acres, located on the east side of North 129"' East Avenue between East 116t1i Street North and East 126th Street North. D. Approval of an application for Early Retirement from Theodore Smith. Mr. Cataudella moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims totaling $344,407.32, self - insurance medical claims & fees totaling $106,046.95 and payroll claims totaling $376,997.17. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4 -0. ITEM 9. CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL REGARDING THE CONSTRUCTION OF THE YMCA FACILITY IMPROVEMENTS Mr. Kelly Wilson addressed the Council expressing his concerns about the new YMCA being built in Owasso. Ms. Susan Plank, CEO of the YMCA of Greater Tulsa, responded to Mr. Wilson's concerns. P) Owasso City Council December 6, 2005 Mr. Rae a I'S e stinted the item and stated Tracy Construction has not signed the development agreement. Should Tracy Construction not accept the agreement, condemnation of the property would be required to proceed with the project. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of the Development Agreement with Tracy Construction, Inc. in the amount of $600,000.00, and authorization of the City Manager or Mayor to execute such Agreement. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4 -0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A MUTUAL AID AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA AIR NATIONAL GUARD FIRE DEPARTMENT, AND AUTHORIZATION OF THE MAYOR TO EXECUTE SAID AGREEMENT Mr. Rooney presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval of a mutual aid agreement between the City of Owasso and the Oklahoma Air National Guard Fire Department, as stated above. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4 -0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2005 -20, A RESOLUTION CALLING FOR AN ELECTION TO BE CONDUCTED FOR CITY COUNCIL WARDS 1, 2, AND 4 Ms. Stevens presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of Resolution No. 2005 -20. 0 Owasso City Council December 6, 2005 YEA: Cataudella, Colgan, Guevara, 'rhoendcl NAY: None Motion carried 4-0. ITEM 13. REPORT FROM CITY MANAGER. Mr. Ray stated that, due to an anticipated increase in hone sales after the new year, the City will grant early building permits, which will allow a permit to be given when the entire infrastructure is not complete - as long as certain criteria is met by builders. This will enable builders to obtain a permit to build `spec' homes through May of 2006, None ITEM 15. REPORT FROM CITY COUNCILORS Mice -Mayor Steve Cataudella reminded citizens of the Owasso Parade on Saturday December 10 at 9:30am along Main Street. ITEM 16. NEW BUSINESS None ITEM 17. ADJOURNMENT Mr. Colgan moved, seconded by Mr. Cataudella, to adjourn. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:25 p.m. Pat Fry, Minute Clerk 4 Craig Thoendel, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, December 13, 2005 The Owasso City Council met in a special meeting on Tuesday, December 13, 2005 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 PM on Friday, December 9, 2005. ITEM I: _CALL, TO ORDER. Mayor 'fhoendel called the meeting to order at 6:05 PM. PRESENT ABSENT Craig Thoendel, Mayor Steve Cataudella, Vice Mayor Susan Kimball, Councilor Brent Colgan, Councilor Wayne Guevara, Councilor A quorum was declared present. ITEM 2: DEMONSTRATION AND TRAINING ON THE USE OF AN ELECTRONIC CITY COUNCIL VOTING SYSTEM Ms. Willson reviewed the electronic voting system with the City Council. ITEM 3: DISCUSSION RELATING TO GRANT APPLICATIONS A. FIRE DEPARTMENT B. POLICE DEPARTMENT Mr. Rooney reviewed the above items. It was explained that both grant applications were through the Department of Homeland Security and if awarded did not require a local match. It was explained that staff would proceed with the applications unless concerns were noted by the City Council. ITEM 4: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. ANNEXATION B. EASEMENT CLOSURE C. RESIDENTIAL SIDE YARD SETBACK POLICY Mr. Rooney reviewed the above items. It was explained that all were unanimously approved by the Planning Commission and would be placed on the December 20, 2005 City Council agenda for action. Owasso City Council December 13, 2005 ITEM 5_ DISCUSSION RELATING TO FINANCE DEPARTMENT ITEMS A. IMPREST ACCOUNT FOR WORKERS COMPENSATION Mr. Rooney reviewed the above item. It was explained that the creation of an imprest account would allow for the processing of workers compensation claims more quickly and would protect medical confidentiality. This item would require an amendment to Ordinance 819 and will be placed on the December 20, 2005 agenda for action. (Councilor Cataudella out at 6.45 PM) ITEM 6: DISCUSSION RELATING TO FIRE DEPARTMENT ITEMS A. FIRE LANE ORDINANCE B. DONATION ACCEPTANCE FROM RED ROBIN RESTAURANT Mr. Rooney explained the above items. The Fire Lane Ordinance is viewed as necessary by staff in order to establish enforcement authority for fire lane violations. The amount of the donation to be submitted by Red Robin Restaurant is $2,327.50. Both items will be placed on the December 20, 2005 agenda for action. ITEM 7: DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. JAIL AGREEMENT RENEWAL WITH THE CITY OF COLLINSVILLE B. VEHICLE PURCHASE Mr. Rooney explained the above items. The jail agreement would be a one year extension of the existing agreement with the City of Collinsville. The vehicle purchase would be for an additional utility vehicle, moving closer to the goal of one utility vehicle on each shift. The cost of the vehicle would be $25,498. Both items will be placed on the December 20, 2005 agenda for action by the City Council. ITEM 8: DISCUSSION RELATING TO CITY MANAGER ITEMS A. PRESENTATION OF A PROPOSED LANDSCAPING ORDINANCE B. GATED COMMUNITIES C. PRESENTATION OF THE STORMWATER MASTER PLAN D. CITY MANAGER'S REPORT Mr. Wiles reviewed the proposed landscaping ordinance and explained that it would be on the December 20, 2005 agenda for action by the City Council. It was further explained that the landscaping ordinance had been presented to the Planning Commission and the OEDA as well. (Councilor Cataudella returned at 8:20 PM) The Council discussed the pros and cons of the development of a gated community standard. It was recommended that the Council continue to ponder the gated community issue for an additional thirty (30) days. I Owasso City Council December 13, 2005 The presentation of the Stormwater master Plan was tabled to the January work session. The Council was provided updates on several different items during the City Manager's Report including sales tax, Silver Creek Drainage, Three Lakes Village Street Repair Project, and Highway 20. Councilor Guevara recused himself from the Three Lakes Village discussions. ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO AA REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY _MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25 SECTION 307 (P)(1 ) Councilor Kimball moved, seconded by Councilor Cataudclla, to enter into Executive Session. All were in favor and the Council entered into Executive Session at 9:30 PM. The Council returned from Executive Session at 10:32 PM. ITEM 10 ADJOURNMENT Councilor Guevara moved, seconded by Councilor Cataudclla, to adjourn. All were in favor and the meeting was adjourned at 10:36 PM. I VENDOR DESCRIPTION TREASURER PETTY CASH CITY MGR EXPENSE AMOUNT AEP /PSO STREET LIGHTS 132.21 TREASURER PETTY CASH AC REFUND 10. TREASURER PETTY CASH AC DEPOSIT REFUND 20.000 0 TREASURER PETTY CASH CC DEPOSIT REFUND 20.00 CINGULAR WIRELESS PHONE USE -RAY 100.00 OKLA TRANSPORTATION AUTHORITY REFUND TOTAL 150.49 SUPREME PRINTING & STATIONERY WARNING BOOKS TPI BILLING SOLUTIONS 173.95 WARRANT COLLECTIONS 646.10 MAI -THEW W. BAILEY BAILIFF DUTIES TPI BILLING SOLUTIONS 180.00 WARRANT COLLECTIONS 651.15 OKLA TRANSPORTATION AUTHORITY PIKE PASS 3.35 MUNICIPAL COURT DEPT TOTAL 1,654.55 TREASURER PETTY CASH CITY MGR EXPENSE TREASURER PETTY CASH CITY MGR EXPENSE 1,000.00 OFFICE DEPOT OFFICE SUPPLIES 132.21 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 72.68 FUELMAN FUEL 872.42 WAL -MART COMMUNITY EMPLOYEE APPRECIATION 140.74 CINGULAR WIRELESS PHONE USE -RAY 191.80 OKLA TRANSPORTATION AUTHORITY PIKE PASS 78.78 CONNORS STATE COLLEGE SEMI NAR- TOWNSEND 10.05 TREASURER PETTY CASH MEAL- ROONE ti' 90.00 TREASURER PETTY CASH MILEAGE- LOMBARDI 7.00 WEST PAYMENT CENTER MONTHLY CHARGES 282.75 SAMS CLUB OPERATING SUPPLIES 418.00 SUGAR "N" SPICE BAKERY EMPLOYEE RECOGNITION 431.78 HOBBY LOBBY EMPLOYEE APPRECIATION 34.40 TREASURER PETTY CASH EMPLOYEE APPRECIATION 49.64 WAL -MART COMMUNITY EMPLOYEE RECOGNITION 506.57 WAL -MART COMMUNITY COCOA/HAND WARMERS-COUNCILORS 2,093.65 MANAGERIAL DEPT TOTAL 17.35 6,429.82 OFFICE DEPOT OFFICE SUPPLIES INTEGRITY FOCUS TRAINING -HESS 49.11 FINANCE DEPT TOTAL 160.00 209.11 DANE, JULIE OFFICE DEPOT TUITION REIMBURSEMENT 132.75 HOLIDAY INN EXPRESS OFFICE SUPPLIES LODGING- RUTLAND 33.06 INTEGRITY FOCUS CHARACTER CONSULTATION 79.95 VIDEO REVOLUTIONS PSA DUBBING/TAPES 875.00 DANIEL JOHNSTON PS A RECORDING 77.94 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 15.00 AMERICAN BACKGROUND CHECKS BACKGROUND CHECKS 62.93 URGENT CARE OF GREEN COUNTRY, P.L.L.C. PRE - EMPLOYMENT TESTING 86.80 ROCKHURST COLLEGE TRAINING -HUNT 259.00 TREASURER PETTY CASH MILEAGE /PER DIEM- DEMPSTER /DANE /HU 495.00 TREASURER PETTY CASH MEETING EXPENSE 113.42 HUMAN RESOURCES DEPT TOTAL 21.00 2,251.85 VENDOR DESCRIPTION AMOUNT OFFICE DEPOT OFFICE SUPPLIES 240.00 ETHICS COMMISSION CAMPAIGN FORMS 50.00 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 780.81 C|NTA3CORPORAT|ON MAT SERVICE 32.15 CHARNEY. BUSS, & WILLIAMS, P.C. LEGAL SERVICES 1.812.30 AMERICAN WASTE CONTROL REFUSE SERVICE 129�00 OKLAHOMA NATURAL GAS 11/05 USAGE 3.13079 AEFYPSD 11/05 USAGE 3.018.23 NEIGHBOR NEWSPAPER LEGAL NOTICES 182.00 CARD CENTER EBAY 35.48 SOUTHWESTERN BELL PHONE USE 19220 RESERVE ACCOUNT POSTAGE 2.000.00 THE OKLAHOMA ACADEMY MEMBERSHIP RENEWAL, 150.00 TULSA COUNTY CLERK FILING FEES 37.00 GENERAL GOVERNMENT DEPT TOTAL 11,598.17 OFFICE DEPOT OFFICE SUPPLIES 2.27 HOME DEPOT 8F|TESTER 15.74 CITY GARAGE CITY OF0WA8SU VEH|CLEMA|NT 11823 FUELMAN FUEL 200.11 VIDEO REVOLUTIONS EDITING MACHINE REPAIR 178.00 TULSA COUNTY MIS DIAL UPSERVICE 00.00 C|NGULARVV|RELE8S PHONEU8E-01CCULEY 31.74 C|NGULARVV|RELESS PHONEUSE4N|LES 3174 TREASURER PETTY CASH PARKING 3.00 COMMUNITY DEVELOPMENT DEPT TOTAL --700.83 CITY GARAGE CITY OFOWASS0 VEH|CLEMA|NT 32.90 FUELMAN FUEL 287.38 ENGINEERING DEPT TOTAL -------- TREASURER PETTY CASH M|LEAGE'VV|LLS0N 82.45 DELL MARKETING L.P. NETVVORKUPGRADE8/EXPANG|0N 298.60 STRATEGIC CONSULTING /NT'L G|S|MPLEMENTAT|UN 4.000.00 STRATEGIC CONSULTING |NT'L G|8|K8PLEK4ENTAT|ON 400000 INFORMATION SYSTEMS DEPT TOTAL 8.381.05 OFFICE DEPOT OFFICE SUPPLIES 0.50 SAMS CLUB OPERATING SUPPLIES 100.68 RADIO SHACK OPERATING SUPPLIES 11.88 O'RE|LLYAUTDK4OT|VE PHYSICAL PROPERTY SUPPLIES 340 TUCKER JANITORIAL BATHROOM DISPENSER 45.03 DUVALLELECTR|C ADD VOLT RECEPTACLE 183.00 RADIO SHACK PHYSICAL PROPERTY SUPPLIES 34.94 LOVVESCOK8PAN|E8 PHYSICAL PROPERTY SUPPLIES 212.77 OKLAHOMA LIGHTING DISTRIBUTORS PHYSICAL PROPERTY SUPPLIES 81.80 ROBERTSON PLUMBING SUPPLY PHYSICAL PROPERTY SUPPLIES 46.20 GRA|NGER OUTSIDE LIGHTS-CITY HALL 53.90 CITY GARAGE CITY 0F0YVAOSO VEH|CLEMA|NT 1.028.22 FUELK4AN FUEL 250.84 LOVVESCOMPAN|ES SMALL TOOLS 10.97 FLYNN'S PEST CONTR PEST CONTROL 110.00 XBNDOR RLPTION AMOUNT SCH|NDLERELEVATUR QUARTERLY ELEVATOR SERVICE 582.87 A,PLUSGERy|CE REPA|R8+A|RHANDLER 20.00 MAC SYSTEMS K�S INSPECTION-SPRINKLER SYSTEM 730�41 180�O0 FUELMAN FUEL �8�74 SOUTHWESTERN BELL PHONE USE 215�80 OKLATRANSP0RTAT0NAUTHORITY PIKE PASS 130�51 6.70 SUPPORT SERVICES DEPT TOTAL. VERDIGRIS VALLEY ELECTRIC CEMETERY USAGE AEP/P3O 11/05 USAGE '13.92 ANZSIGNS SIGN 15.80 40.00 CEMETERY DEPT TOTAL MEk4|NDEX CALENDAR REFILL OFFICE DEPOT OF OFFICE SUPPLIES 2O�85 VY WEST PAYMENT OKLAHOMA STATUTES 234�02 LYNN PEAVEYCO EV EVIDENCE SUPPLIES 27�OO SAMS CLUB OPERATING SUPPLIES 51.95 8TOpTECH STOP STICK 155�48 LYNN PEAVEY CO EVIDENCE SUPPLIES 4O0�50 GUTH LABORATORIES |NTOXLyZERSUppL|E8 POLICE PETTY CASH MA|NTSUPPL|E3��.RVVAGH 1837O o**» WALMARTCOMMUN|TY BATTER |ES/SEAUpVCFOAM 23.71 D|CYCLESOFTULSA EYE PROTECTION 238*0 KARL0VVH|TE HON0RGUARD UNIFORMS 360.00 C|TYGARAGEC|TYOFUVA8SO VEHICLE MA|NT 1'055.00 FUELMAN FUEL 3.702.34 0VVA3SO FITNESS ZONE PHYSICAL FITNESS PROGRAM 4,689.87 STAMPER, HOWARD E RADIO REPAIR SERVICES 120.00 12O�00 CITY GARAGE CITY OF 0YVASS0 VEHICLE MA|NT 150.00 INFINITY INVESTIGATIONS & PR(}T8ERV|CEG SECURITY SERVICES 317.35 OKLAHOMA NATURAL GAS 11/05 USAGE 3 '�*vu« AEP/PSO 11/05 USAGE 708.14 YALECLEANERS UN|F0RK4CLEAN|NG 1'044.92 C|NGUL4RVV|RELE88 PHONE USE-yANCEy 2'O27.41 C|NGULARVV|RELESS PHONE USE 51�58 SOUTHWESTERN BELL PHONE USE 254.50 JULIE. INC. THE UPS STORE SHIPPING CHARGES 32�30 POLICE PETTY CASH TOLL8/PERD|EKd/MEET|NG EXPENSE 24.80 TREASURER PETTY CASH K�|LEAGE/PERD/EK4 YANCEY7EDVVARDS ' 23�5O RENAISSANCE HOTEL LODGING-YANCEY 33�4O DECATUR ELECTRONICS RADAR UNITS 1i7�O0 DELL MARKETING COMPUTER EQUIPMENT 12'582.O0 ANZ8|GNG DECALG 8�5.28 50.00 POLICE DEPT TOTAL PROFESSIONAL PRIDE WORKBOOK-WELLNESS 8170 POLICE PETTY CASH UN|FORk�PINS � ONYX CORPORATION TONER CARTRIDGES 20.00 VV AL�ARTC0K4K�UN|TY EXTENG|ON/pOyyERCORDS 40�00 SAMGCLUB OPERATING SUPPLIES �8�74 VV AL-MART PRISONER MEALS �8�0O TOTAL RADIO |NC RADIO k4A|NTCONTRACT 10127 075�OO VENDOR DESCRIPTION AMOUNT DEPT 0F PUBLIC SAFETY OLETS RENTAL 350.00 POLICE COMMUNICATIONS DEPT TOTAL 1.344.70 8AMSCLUB OPERATING SUPPLIES 105.04 VYAL'K8ARTC0MMUN|TY CATL|TTER/GLOVES 28.85 CITY GARAGE CITY OFOVVASS0 VEH|CLEMA|NT 295.30 FUELK8AN FUEL 76.31 CITY OFTULSA EUTHANASIA SERVICES 132.00 8TRAJHEVETER|NARY EUTHANASIA SERVICES 183.12 AEP/PSU 11/05 USAGE 207.04 SOUTHWESTERN BELL PHONEUGE 32.30 ANIMAL CONTROL DEPT TOTAL -------- �,-__- OFFICE DEPOT OFFICE SUPPLIES 12.94 SAK8S CLUB OPERATING SUPPLIES 73.47 THE |KXA8E GROUP UNIFORM SHIRTS 2.54871 OKLAHOMA POLICE SUPPLY BOOTS/BADGES 701.85 CITY GARAGE CITY OF OWASSU VEHICLE MA|NT 401.11 FUELK4AN FUEL 2.005.92 ACCURATE FIRE EQUIPMENT SCBA CYLINDER TESTING 827.04 OKLAHOMA NATURAL GAS 11/05 USAGE 88542 AEFYPS0 1105 USAGE 594.88 OVERHEAD DOOR COMPANY GLASS REPLACEMENT 103.00 TULSA LOCK &KEY LOCK REPA|RAANT|-PRYBARS 321.80 CULL|GAN OF TULSA WATER/COOLER 3675 C|NGULARVV|RELESS PHONE USE-CHIEFS 0121 C|NGULARVV|RELES8 PHONE USE-CHIEFS 56.77 C|NGULARVV|RELEG8 CELL PHONE USE 43.01 SOUTHWESTERN BELL PHONE USE 192.40 0KLA TRANSPORTATION AUTHORITY PIKE PASS 10.80 DVVASSO FITNESS ZONE GYM/EQUIPMENT USE 105.00 INTEGRITY FOCUS TRAINING-CLARK 100.00 TREASURER PETTY CASH MEALS-CLARK 14.00 TREASURER PETTY CASH PER DIEM 10.04 BEST WESTERN LODGING-G0SVENER 250.00 ADVANCED PLASTICS EQUIPMENT BOARDS 170.00 FIRE DEPT TOTAL 10,380.96 AEP/PSO 1105 USAGE 134.80 DUVALL ELECTRIC REPAIR DAMAGE-STORM SIREN 143.00 SOUTHWESTERN BELL PHONE USE 10.10 EMERGENCY PREPAREDNESS DEPT TOTAL 293.98 ZEE MEDICAL SERVICE FIRST AID SUPPLIES 43.59 VVAL-MART C0MMUN|TY WEATHER SUPPLIES 51.05 LOVVESCOk4PAN|E3 P|PE/DR|LLB|TS 41.80 MILL CREEK LUMBER & SUPPLY SAW BLADE/FORM BOARDS 34.08 ATVV0ODS PLUG ADAPTOR 49.94 H0LL|DAY SAND &GRAVEL CHEMICALS/SAND 130.96 AJVVOODS SPREADER HARDWARE 89.33 GEORGE& GEORGE SAFETY UN|FORK8S/PROTCL0TH|NG 37.56 UN|F|RSTCORPORAT|0N UN|FORMG/PR0TCLOTH|NG 03.45 TULSA COUNTY 8OCC HALE ACRES-SIGN REPLACEMENT 540.50 VENDOR DESCRIPTION AMOUNT ATVV0ODS SIGN HARDWARE 954 OCT EQUIPMENT SNAP RINGS-CASE BACKHOE 1002 CITY GARAGE CITY OFOWASSO VEH|CLEK4A|NT 3�0122 � FUELMAN FUEL ' 73718 SNAP-ON TOOLS RICHARD CLAYBAUGH HEX DRIVER SOCKET' 1310 AEP/PSO 11/05 USAGE 122031 AEP/PSO STREET LIGHTS 4'75418 � BAILEY EQUIPMENT AU8ER��0NCRETESAVVREPA|R ' 166.55 8|GNALTEK MA|NT TRAFFIC CONTROLS 502385 EQU|PK�ENTONE RENTAL & SALES CONCRETE SAW ' � 0000 SOUTHWESTERN BELL PHONE USE 2020 |M8A PUBLIC SAFETY CERT|F|CAT|0NRENEVVAL-MCKN|GHT 8000 MAXWELL SUPPLY OFTULSA FIBER EXPANSION 6200 TWIN CITIES READY MIX CONCRETE 117000 ADVANCED WARNING TRAFFIC STRIPING 2'03932 BARC0PRODUCTS SPEED HUkXPINSTALLATION ' � S3320 GRANT TRUCK & EQUIPMENT SALES SALT/SPREADER 488187 STREETS DEPT TOTAL MILL CREEK LUMBER &SUPPLY PAINT BRUSH 259 TWIN CITIES READY MIX CONCRETE-SLURRY SEAL 26000 ATVVOODS BOX BLADE REPAIR 2224 GEORGE & GEORGE SAFETY UN|FORMS/PROTCLOTH|NG 3750 ZEE MEDICAL SERVICE CABINET/FIRST AID SUPPLIES 21358 UN|F|RSTCORPORAT|0N UN|FORMG/PROTCLOTH|NG 7180 CITY GARAGE CITY 0FDWASGO VEH|CLEK8A|NT 75344 FUELyNAN FUEL � 51383 ATYVOODS CLAMPS 1500 BAILEY EQUIPMENT TRIMMER REPAIR 3008 8L0SSSALES RENTAL-LOADER 44500 LOT MAINTENANCE RENTAL-STREET SWEEPER 103750 KSK�EXCHANGE EQUIPMENT REPAIRS ' � 11571 KSM EXCHANGE EQUIPMENT REPAIRS 20022 STOR01VVATERKA/UNT DEPT TOTAL A|VVOODO MA|NTSUPPL|EG 3709 VVAL-MART COMMUN|TY L|GHTS/k1A|NTGUPPL|ES 8015 LOVVESCOK�PAN|ES LIGHTS � 14058 LUCKESUPPLY CABLE TIES 571 LDVVESCOMPAN|EG BRIDGE REPAIR 22852 LIGHTING LIGHTS � 585O UN|F|RSTCORPORAT|0N UNIFORM RENTAL 7305 CITY GARAGE CITY OF0WASS0 VEH|CLEMA|NT 10051 FUEL/NAN FUEL � 18903 LELANDBARTELD8ACL|P-N-8N|P PARK MOWING 12O080 OKLAH0K�ANATURAL GAS 11/05 USAGE ' � 17740 AEP/PSO 11/05 USAGE 153078 � SOUTHWESTERN BELL PHONEUSE ' 082O TWIN CITIES READY MIX CONCRETE 16400 L0VVESCOK8PAN|ES BENCHES 19072 OVVASSOFENCE BLACK POST MONTAGE 110027 HOME DEPOT BENCHES ' � 8010 LIBERTY FLAGS R|6G|NQEOU|PK4ENT/HARDVVARE 21000 VENDOR DESCRIPTION AMOUNT TRI -STAR CONSTRUCTION CONCRETE WORK 8,841.71 ROBERTS MANUFACTURING SLOT POSTS -LABOR 945.00 REXEL FLAG POLE LIGHTS 4,159.95 CITY GARAGE CITY OF OWASSO PARKS DEPT TOTAL 19,759.01 OFFICE DEPOT OFFICE SUPPLIES 115.85 WAL -MART COMMUNITY CLEANING SUPPLIES 173.95 FUELMAN FUEL 99.75 OKLAHOMA NATURAL GAS 11/05 USAGE 1,195.20 AEP /PSO 11/05 USAGE 466.88 CINGULAR WIRELESS PHONE USE 20.60 SOUTHWESTERN BELL PHONE USE 116.26 COMMUNITY CENTER DEPT TOTAL 2,188.49 OKLAHOMA NATURAL GAS 11/05 USAGE 93.40 AEP /PSO 11/05 USAGE 66.44 SOUTHWESTERN BELL PHONE USE 18.95 WORLEYS GREENHOUSE LANDSCAPING MATERIALS 658.75 FIXTURE OUTLET SHOWCASES 1,474.36 HISTORICAL MUSEUM DEPT TOTAL 2,311.90 FUELMAN FUEL 95.22 HELICO DIGITAL PHOTOGRAPHY & VIDEO AERIAL PHOTOGRAPHY 400.00 CINGULAR WIRELESS PHONE USE -HAYES 78.78 CARD CENTER TRAVEL -HAYES 232.40 TREASURER PETTY CASH FOOD -HAYES 19.59 NEIGHBOR NEWSPAPER SUBSCRIPTION 26.00 NEIGHBOR NEWSPAPER JOB FAIR ADVERTISING 584.40 HOME BUILDERS ASSOCIATION FALL MARKETING CAMPAIGN 500.00 BRENDA VINCENT BUSINESS INCENTIVES CONSULTING SERVICES 600.00 JAMAR TECHNOLOGIES TRAFFIC COUNTER/CHARGER 699.97 ECONOMIC DEVELOPMENT DEPT TOTAL 3,236.36 GENERAL FUND TOTAL 140,967.60 OFFICE DEPOT OFFICE SUPPLIES 107.98 SAMS CLUB OPERATING SUPPLIES 11.48 MEDICAL COMPLIANCE SPECIALITY BIO -WASTE DISPOSAL 163.00 PSI PHARMACEUTICAL SYSTEMS FREIGHT 8.82 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 2,175.66 WORKS & LENTZ COLLECTION FEES 186.60 CINGULAR WIRELESS PHONE USE - OTHERS 81.84 CINGULAR WIRELESS PHONE USE - OTHERS 10.32 MEDICLAIMS MONTHLY SERVICES 3,841.58 AMBULANCE SERVICE FUND TOTAL 6,587.28 SOUTHWESTERN BELL E911 FEES -SEPT 1,830.73 SOUTHWESTERN BELL E911 FEES -NOV 1,831.30 E-911 FUND TOTAL 3,662.03 DELL MARKETING NETWORK UPGRADES /EXPANSION 445.15 C2A ENGINEERING ENGINEERING SVS- 86 /MINGO 10,400.00 C2A ENGINEERING ENGINEERING SERVICES 5,000.00 VENDOR DESCRIPTION AMOUNT CHARNEY. BUSS, & WILLIAMS, P.C. LEGAL SERVICES 5000 FRELL|G|| CO, INC APPRAISAL SERVICES 4' 012. 5U CHARNEY.BUSS.&V|LL|AMS . P.C. LEGAL 08575 TULSA COUNTY CLERK GARNETT PROJECT 3200 BECC0C0NTRACTORS O0KGARNETT INTERSECTION 2/105 0577204 BECCOCONTRACT0RS GARNETTRD IMPROVEMENTS 2/1/05 470'273O9 YK8CAOF GREATER TULSA YK8CAPOOL PROJECT-MATERIALS 83'50400 CAPITAL IMPROVEMENTS FUND TOTAL L&K8 OFFICE FURNITURE OFFICE FURNITURE 182550 AMBULANCE CAPITAL FUND TOTAL L|V|NG8TON.KEN TUITION REIMBURSEMENT 25125 O'RE|LLYAUTOK80T|VE OPERATING SUPPLIES 2245 MYERS TIRE SUPPLY OPERATING SUPPLIES 1016 RADIO SHACK OPERATING SUPPLIES 1299 K8YERS TIRE SUPPLY SMALL TOOLS 10880 O'RE|LLYAUT0M0T|VE PARTS FOR RESALE 150140 CROVV8URL|NGAk�E PARTS F(}RRESALE ' � 1582 AMERICAN HOSE &SUPPLY PARTS'TRASHTRUCK 8580 UNITED FORD PARTS FOR RESALE 03088 J&REQUIPMENT PARTS-TRASH TRUCK 43584 T&VVTIRE TIRES � 20&O B&K4 OIL C0K8PANY OIL/FLUIDS 1'3020005 � OK TRUCK SUPPLY PARTS FOR RESALE ' 42874 TULSA AUTO SPRING PARTS FOR RESALE 80020 TULSA NEW HOLLAND PARTS-BACKHDE 0071 OKLAHOMA NATURAL GAS 11/05 USAGE 70348 AEP/PSO 11/05 USAGE 37088 SOUTHWESTERN BELL PHONE USE 20104 FRONTIER INTERNATIONAL TRUCKS TRASH TRUCK REPAIRS 108873 CITY GARAGE FUND TOTAL UNITED SAFETY & CLAIMS INC THIRD PARTY ADK4|NFEES 145OOO � PPOSOLUT|ON8 800203 ' 3215 PPOSOLUT|ONS R05074 � 3959 PP08DLUT|ONS 800203 � 3215 OKVV0RKER8COK4PCOURT 810204 � 11G10 MEALTHS0UTHHOLD|NG3 800203 � 10325 THE ORTHOPEDIC CENTER B80203 � 3972 MEALTHS0UTHHOLD|NGS B00203 � 10 325 JYELVERTON.K4D R05074 � 0472O HEALTH80UTHHOLD|NGS B00203 � 72 011 THIRD PARTY SOLUTIONS G10203 � 13317 PROFESSIONAL REHAB &OCCUPAT0NAL J06172 � URGENT CARE 0F GREEN COUNTRY, Pll.C. K1 12O5 21200 PERRYD|NHOFE.K1D R05074 . 11008 RCL|OR0BERTSON kXD . RO5074 � 10082 HOVVARDSK8|TH S10204 . 5302 58O8UO . OKT/0< COMMISSION SPEC|ALTAX UN|T S1O294 ' VVELLS.JACKD YVO7294 4350 . 520O0 VVELL8.JACKD VVO7204 . 528O0 GOSVENER.B(/OBRYCEAH|LLH|�ATTY (�O220O4 . . 528.0O PR|CKETT.XAREN CLASSIC CHEVROLET SOUTHWESTERN BELL TELEPHONE C0 KSM EXCHANGE KSM EXCHANGE DESCRIPTION ��u J00172 474.00 WORKERS COMP FUND TOTAL 12,081.43 TORT CLAIM #TR-05-034 1.841.18 TORT CLAIM #TR'05-033 605.30 TORT CLAIM-LINE DAMAGE 1.02247 EQUIPMENT REPAIRS 1.041.30 EQUIPMENT REPAIRS 201201 SELF INSURANCE FUND TOTAL 7378242 �� L-91 a 01 R CLIMB wall 011 PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/10/2005 Department Overtime Eynon es Total menses Municipal Court 0.00 3,287.26 Managerial 0.00 14,977.26 Human Resourses 0.00 6,138.46 Community development 0.00 13,546,49 Engineering 0.00 9,744.42 Support Services 60.71 8,439.09 Central Dispatch 254.08 11,795.23 Fire 2,802.45 74,980.30 Emergency Preparedness 0.00 1,773.98 Streets 0.00 8,210.28 Stormwater /ROW faint. 248.03 9,067,67 Park Maintenance 0.00 7,489.44 Community - Senior Center 0.00 4,714.11 Historical Museum 0.00 2,462.56 Economic Development 0.00 3,866.30 .... ............................... . General Fund Total $$,959.16 $312,370.25 Emergency 911 Fund Worker's Comp Self - Insurance Fund CITY OF OWASO HEALTHCARE SELF INSURANCE FUND VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 20.943.01 HEALTHCARE MEDICAL SERVICE 20.45020 STOP LOSS FEES 14.07975 ADK8|NFEE8 1203305 HEALTHCARE DEPT TOTAL 74.707.21 DELTA DENTAL. DENTAL MEDICAL. SERVICE 2.163.00 DENTAL MEDICAL SERVICE 2.143.60 ADM|NFEES 168204 DENTAL DEPT TOTAL 5.989.24 VSP VISION MEDICAL SERVICE 1.046.48 VISION MEDICAL SERVICE 1.734.50 ADK4|NFEES 81875 VISION DEPT TOTAL 3'699.71 HEALTHCARE SELF INSURANCE FUND TOTAL 84,396.13 CITY OF OWASSO GENERALFUND FISCAL YEAR 2005 -2006 Statement of Revenues & Expenditures As of November 30, 2005 FUND BALANCE (Budgetary Basis) Beginning Balance 3,119,391 3,119,391 Ending Balance $ 3,320,167 $ 1,867,046 MONTH YEAR PERCENT TO -DATE —TO-DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,076,286 $ 5,457,666 $ 13,982,500 39.03% Licenses & permits 26,649 141,858 402,000 35.29% Intergovernmental 28,204 168,183 325,880 51.61% Charges for services 19,003 86,684 187,360 46.27% Fines & forfeits 34,370 106,971 322,500 33.17% Other 110,929 144,896 109,600 132.20% TOTAL REVENUES 1,295,442 _ - 6,106,258 15,329,840 39.83% EXPENDITURES: Personal services 655,450 3,308,094 8,341,970 39.66% Materials & supplies 41,899 202,199 567,255 35.65% Other services 69,033 364,679 1,071,534 34.03% Capital outlay 112,802 317,764 1,807,576 17.58% TOTAL EXPENDITURES 879,184 4,192,735 —11,788,335 35.57% REVENUES OVER EXPENDITURES 416,258 1,913,523 —3,541,505 3,541,505 - 54.03% TRANSFERS IN (OUT): Transfers in 666,133 3,466,310 8,748,000 39.62% Transfers out (995,033) (5,179,057) (13,541,850) 38.24% TOTAL TRANSFERS (328,900) _ (1,712,747) (4,793,850) 35.73% NET CHANGE IN FUND BALANCE 87,358 200,776 (1,252,345) FUND BALANCE (GAAP Basis) Beginning Balance 4,610,227 Ending Balance $ 4,811,003 FUND BALANCE (Budgetary Basis) Beginning Balance 3,119,391 3,119,391 Ending Balance $ 3,320,167 $ 1,867,046 TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM J.B. ALEXANDER PROJECT MANAGER SUBJECT. ACCEP'T'ANCE OF WATER SYSTEM IMPROVEMENTS FIRSM BAPTIST CHURCH DATE- December 9, 2005 The subject commercial development is located north of the intersection of East 96"' Street North and North 134t" East Avenue (see attached map). The water system improvements include approximately 1,632 linear feet of ten (10) inch, 59 linear feet of eight (8) inch, and 494 linear feet of six (6) inch PVC potable water line. Design of the water system improvements were reviewed and approved in April 2005. FINAL INSPECTIONS. Final inspection for the water system improvements was conducted on October 14, 2005. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one -year maintenance bond for the system. Staff recommends Council acceptance of the First Baptist Church Water Line improvements. A. Location Map B. Maintenance Bond C. ODEQ Permit Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com KNOW ALL MEN BY THESE PRESENTS, That we, Cherokee Builders, Inc. as Principal (Contractor), and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Hundred Fifty Three Thousand Four Hundred Fifty and 00 /100 ($153,450.00) to which payment well and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of ONE YEAR after final approval of the FIRST BAPTIST CHRUCH OF OWASSO ADULT EDUCTION BUILDING AND YOUTH ADDITION, OWASSO, OKLAHOMA, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal andror Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED AND DATED: October 14, 2005 CHERO BUILDER , INC. Principal BY: THE -110 CASUALTY INSURANCE COMPANY BY: Crndi L. Smith, Attorney -in -Fact STEVEN A.TKOMPSON Executive Director April 21.2005 OKLAHOMA DEPARTMENT QUALITY '_—._.~..^.. ~ ^...`~......^~°"".. Ana Stagg, P.E. City of Owasso Public Works Department 3U1 West 2nd Avenue Owasso, DK74O55 Re: Permit No. VVL000072050421 First Baptist Church of Owasso Potable Water Line Extension PVVG0 No. 3O87218 Dear Ms. Stagg: BRAD HENRY Governor ��U�1�� u u��o�� APR 9 Q 2005 Enclosed is Permit No. WL000072050421 for the construction of 1,632 linear feet of ten (10) inch PVC potable water line, 59 linear feet of eight (8) inch PVC potable water line, 494 linear feet six (6) inch PVC potable water line and all appurtenances to serve the First Baptist Church of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department un April 21.2O05. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should benoted in the minutes of the next regular meeting of the City of Owasso Public Works Department, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1) set for our files. Sincerely, Justin Hodge DVVSRF/ConatruotionPennit Section Water Quality Division JH/TW/ab Enclosure Bruoe/QlenRnUleU.P.E,Craftom.TuU&Anooniabes./no. Mary Randolph, PVVSDistrict Representative, OB] Rick Austin, R.S, Regional Manager, DE(] Tulsa DEOOffice Nathan Kuhned. Planning & Management Division, OVVR8 70V NORTH N0|NSON hO. BOX l67/ OKLAHOMA CITY, OKLAHOMA 73l0l'l677 pwad on rocyclod papar w1m soy Ink TO: THE HONORABLE M t YOR AND CITY COUNCIL CITY OF OWASSO / FROM. ANA STAGG, P.t, PUBLIC WORKS SUBJECT. WATER SYSTEM IMPROVEMENTS PHASE (1) NORTH SERVICE AREA TRANSMISSION LINE ACCEPTANCE AND FINAL PAYMENT F1171,11, �1-1 =SW111141 BACKGROUND: As pail of the Waster System Improvements (Phase 1), this project includes the construction of 3,900 linear feet of 30-inch water transmission piping from the comer of E. 106"' Street North and N. Mingo Road to the site of the new water storage tank. Also included are 5,200 linear feet of 24-inch water transmission piping from the tank to a connection point with the City of Owasso's water transmission system along N. Garnett Road near E. 98"' Street North. The work was coordinated to integrate with the extension of a 24-inch transmission line along N. Garnett Road constructed under the East 96th Street North and North Garnett Road improvements (Attachment A). Construction of the last phase of the work, the transmission piping to the City of Tulsa connection vault and a booster pump station located in the base of the new storage tower, will be constructed as part of the Water System Improvements (Phase 11) to be completed by August 2006. On February 1, 2005 Council awarded the construction contract to McGuire Brothers Construction, Inc. of Tulsa, Oklahoma in the amount of $1,698,332.00. Construction began on March 1, 2005 and achieved substantial completion in November 2005. Interim payments totaling $1,449,933.70 have been made through Vision 2025 Project Funds. On November 28, 2005, McGuire Brothers submitted Pay Request No. 8 for $176,954.59, as final payment for a total contract amount of $1,626,888,29. ALLOWANCE ALLOCATION- The work was awarded as a unit price contract where the quantities presented in the Bid Form were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment be made at final payment to reflect actual quantities provided. Funding for final quantity adjustment, and other necessary changes, was included under the Project Allowance Line Item ($90,000) listed in the Bid Tabulation. The following items are adjustments of quantities based on unit prices bid for items included in the contract: Item No. Description 5 30" DIP AWWA Press Class 250 6 30" DIP AWWA Press Class 250 RES 20 6" Flanged Outlet 36 12" Conduit, Steel, 3/8" Wall Thick 43 Seeding 56 AGG Base 56 6" Pressure Sustaining Valve 56 Telemetry Equipment 56 Fire Hydrant 4 1/2 to 5 1/4 56 Labor for Fire Hydrant Changes 56 24x24x24 TEE 56 24" Plug (Blind Flange) 56 8" Gate Valve 56 24" Solid Sleeve 56 Fence Around Elevated Tank 56 10" Line Repair 56 12" Gate Valve 56 24x12 TEE to 24x12 CROSS 56 12" Blind Flange Item No. Description 10 30" Bend, Restrained 11 24" Bend, Restrained 18 10" Flanged Outlet 25 Connection w /10 "x8" TS & Valve 28 Service Connection 3/4" 34 Concrete Cradle 42 Sodding 44 Street Washdown 45 Traffic Control Device ORG -SF 46 Traffic Control Device TI -BARR 47 Traffic Control Device TII -BARR 48 Traffic Control Device TIII -BARR 49 Traffic Control Device SB W/L 50 Pavement Removal & Replace -ASP 51 Sawcut 52 Straw Bales Erosion Control 53 Straw Mulch Erosion Control 54 Flowable Fill 55 Project Sign 56 10" Sleeve PVC Refund Water System Improvements Phase (I) Acceptance and Final Payment Page 2 of 3 UNDERRUN SUBTOTAL, $ (56,876.66) ADJUSTMENTS $ 18,556.29 PROJECT ALLOWANCE $ (90,000.00) CREDIT $ (71,443.71) llantit Unit Unit Cost Adjustment Total LF $ 98.00 51 $ 4,998.00 LF $ 135.00 16 $ 2,160.00 EA $ 2,100.00 1 $ 2,100.00 LF $ 200.00 5 $ 1,000.00 LF $ 2.00 3,249 $ 6,498.00 EA $ 250.00 16 $ 4,000.00 EA $ 1,500.00 1 $ 1,500.00 LS $ 6,134.10 1 $ 6,134.10 EA $ 54.00 9 $ 486.00 EA $ 250.00 9 $ 2,250.00 EA $ 3,525.00 4 $ 14,100.00 EA $ 420.00 2 $ 840.00 EA $ 1,100.00 2 $ 2,200.00 EA $ 1,350.00 2 $ 2,700.00 LS $ 14,350.85 1 $ 14,350.85 LS $ 7,620.00 1 $ 7,620.00 EA $ 1,500.00 1 $ 1,500.00 EA $ 896.00 1 $ 896.00 EA $ 100.00 1 $ 100.00 UNDERRUN SUBTOTAL, $ (56,876.66) ADJUSTMENTS $ 18,556.29 PROJECT ALLOWANCE $ (90,000.00) CREDIT $ (71,443.71) nalltlt Unit Unit Cost Adjustment Total EA $ 2,400.00 (2) $ (4,800.00) EA $ 1,100.00 (2) $ (2,200.00) EA $ 2,800.00 (2) $ (5,600.00) EA $ 2,600.00 (2) $ (5,200.00) EA $ 800.00 (5) $ (4,000.00) CY $ 100.00 (5) $ (500.00) LF $ 5.00 (3,653) $ (18,265.00) LF $ 0.01 (1,500) $ (15.00) LF $ 1.00 (300) $ (300.00) SD $ 0.50 (538) $ (269.00) SD $ 0.50 (538) $ (269.00) SD $ 1.00 (434) $ (434.00) SD $ 0.50 (3,507) $ (1,753.50) SY $ 65.00 (27) $ (1,755.00) LF $ 2.50 (104) $ (260.00) EA $ 1.50 (200) $ (300.00) SY $ 1.50 (200) $ (300.00) CY $ 47.00 (200) $ (9,400.00) EA $ 500.00 (2) $ (1,000.00) EA $ 128.08 (2) $ (256.16) UNDERRUN SUBTOTAL, $ (56,876.66) ADJUSTMENTS $ 18,556.29 PROJECT ALLOWANCE $ (90,000.00) CREDIT $ (71,443.71) Water System Improvements Phase (1) Acceptance and Final Payment Page 3 of 3 As shown above, quantity adjustments resulted in an additional expenditure of $18,556.29 (1.09% of the project value). However, because the contract included funding for quantity adjustments in the amount of $90,000, the work was completed for less than the contract amount by $71,443.71. FINAL INSPECTIONS: Final inspections for this project were completed on December 12, 2005. All items identified at the final inspection requiring correction to meet City standards have been completed. The contractor has provided a one-year maintenance bond as part of the Contract Documents. FUNDING: Funding for the Upper Service Area Transmission Line Phase (1) has been provided by Vision 2025. Adjustment in the contract will be required to reflect the following: Original contract amount $ 1,698,332.00 plus quantity adjustments (credit) ( 719443.71) Revised Conti-act Total $ 1,626,88 &29 COMMENDATION: Staff recommends Council acceptance of Mater System Improvements Phase (1), North Service Area Transmission Line, and authorization for final payment to McGuire Brothers Construction, Inc. in the amount of $176,954.59 for a revised contract amount of $1,626,888.29. ATTACHMENTS A. Project Map B. Pay Request No. 8 (Final Payment) ATTACHMENT B Contract Date: Application Date: 9/30/2005 TO Application Number: Distribution To: Owner Architect Contractor Engineer 1. Original Contract Sum $1,698,33100 2. Net Change by Change Orders KOO 3. Contract Sum to Date (Line I & 2) $1,698,332.00 4. Total Completed & Stored To Date $1,626,888.29 (Column F+G On Continuation Sheet) 5. Retainage: a. 0% of Completed Work $0.00 (Column I On Continuation Sheet) ® Final b. 0% of Stored Material $0.00 (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $0.00 Total Earned Less Retainage $1,626,888.29 (Line 4 less Line 5 Total ) CHANGE ORDER SUMMARY: PAGE TWO OF 7 ADDITIONS DEDUCTIONS Date Approved TOTALS $ Net Change by Change Orders $ The undersigned Contractor certifies that the best of the Contractor's knowledge, information, and belief, the Work covered by this Application for payment has been completed in accordanc,-- with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. BY: Date: I I d o L L� 00 —� STATE OF OKLAHOMA Ss COUNTY OF CREEK Subscribed and sworn to before me this 28TH diy Commission Expires: September 6, 200a 02012877 day of NOVEMBER 2005 40 t a rt' P Q I —ic . . . . . . . . . . . . . . . ........................ ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED $ (Attached explanation if amount certified differs from the `aii—ii—ii— ount applied for.) I M Date. la d 1 "3 - 0 t-S� This certificate is not negotiable. The AMOUNT CERTIFED is payable only to the Contractor named herein. Issuance, payment, and acceptance of payment without prejudice to any rights the owner or Contractor under this Contract. I COUNTY OF CREEK zzs�� = Subscribed and sworn to before me this 28TH AotffFyPublic - Commission # 02012877 ffly Commission Expires: September 7, 2006 MUMMA I I Lftaq day of NOVEMBER ,2005 Subscribed and sworn to before me this day of ,2005 Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. CONTINUATION SHEET PAGE 5 OF 7 A WORK PERFORMED ITEM NO. DESCRIPTION OF WORK 7RESTORING r2EXCAVATION MCGUIRE USE ONLY SCHEDULED VALUE WORK COMPLETED ROM PREVIOU THIS PERIOD APPLICATION MATERIALS STORED TOTAL COMPLETED & STORED % BALANCE TO FINISH RETAINAGE I CLEARING & ROW 9204 LF $1.00 $9,204.00 $0.00 9204 $9,204.00 100% $0.00 $920.40 & BACKFILL 8270 CY $1.00 $8,270.00 $0.00 8270 1 $8,270.00 $15,000.00 100% 100% $0.00 $0,00 $827.00 $1,500.00 IMOBILIZATION I LS $15,00000 $15,000.00 $0.00 5 30" DIP, AWWA PRESS CLASS 250 3125 LF $98-00 $306,250.001 $0.00 3176 $311,248.00 $329,394.00 102% 100% -$4,998.00 $003 $31,124.80 $32,939A0 7 24"PIP, AWWA PRESS CLASS 250 4223 LF $78.00 $329,394,00 $0.00 4223 — 1100 $0.00 8 $24,800.00 — $0.00 — 0 $0.00 0% E6$0-0() $5,6J00.00 $0.00 19 8'FLANGED OUTLET 3 EA $1,350.00 $4,050.00 22 CONNECTION TO STORAGE TOWER 1 LS $101,000.00 $lol,000.00 0.10 $0.00 1 $101,000-00 100% $0.00 --sio"100-00. 24 10"WATERLINE CONNECTION "B" 1 EA $1,600.00 $1,600.00 1 26 6"WATERLINE CONNECTION WNALVE 2 EA $700.00 $1,400.00 $0.00 2- $1,400.00 100% $0.00 S14000 27 4'WATERLINE CONNECTION WIVALVE. 2 EA $600.00 $1,20nol $0.00 $0.00 2 $1,200.00 100% $0,00 $120.00 28' SERVICE CONNECTION 314" EA 5 EA $800.00 $4,000 00[ CONTINUATION SHEET PAGE 6 OF 7 WORK PERFORMED A B c E F G H I WORK COMPLETED TOTAL BALANCE RETAINAGE ITEM ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUE THIS PERIOD MATERIALS COMPLETED TO FINISH MCGUIRE USE ONLY VALUE APPLICATION STORED & STORED % (NOT IN D) TO DATE (GIC) (C-G) D+E+F 29 12" GATE VALVE W/EXT & BOX 8 EA $1,500.00 $12,000.00 $0.00 8 $12,000.00 100% $0.00 $1,200.00 30 FIRE HYDRANT ASSEMBLY/W6" GV 11 EA $1,500.00 $16,500.00 $0.00 11 $16,500.00 100% $0.00 $1,650.00 31 16" COMBINATION AIR RELIEF VAL&VAU 2 EA $8,000.00 $16,000.00 $0.00 2 $16,000.00 100% $0.00i $1,600.00 32 4" COMBINATION AIR RELIEF VAL&VAU 2 E $5,000.00 $10,000,00 $0.00 2 $10,000.00 100% $0.00 $1,000.00 33 CONCRETE ENCASEMENT 33.6 CY $100.00 $3,360.00 $0.00 33.6 $3,360.00 100% $0.00 $336.00 34 CONCRETE CRADLE- 5 CY $100.00 $500.00 $0.00 0 $0.00 0%, $500.00 $0.00 35 148" CONDUIT, STEEL, 1/2" WALL THICK 100 LF $500.00 $50,000.00 $0.00 100 $50,000.00 100% $0.00 $5,000-00 36 12" CONDUIT,STEEL, 3/8" WALL THICK 33 LF $200.00 $6,600.00 $0.00, 38 $7,600.00 115% -$1,000.00 $760.00 37 SPECIAL STRUCTURE NO. 1 1 LS $65,000.00 $65,000.00 $0.00 1 $65,000.00 100% $0.00 $6,500.00 38 SPECIAL STRUCTURE NO. 2 1 LS $72,000.00 $72,000.00 $0.00 1 $72,000.00 100% $0.00 $7,200.00 39 SPECIAL STRUCTURE NO. 3 1 L $73,000.00 $73,000.00 $0.00 1 $73,000.00 100% $0.00 $7,300.00 40 SPECIAL STRUCTURE NO. 4 1 LS $107,000.00 $107,000.00 Moo 1 $107,000.00 100% $0.00 $10,700.00 41 SPECIAL STRUCTURE NO. 5 1 LS $30,000.00 $30,000.00 $0.00 1 $30,000.00 100% $0.00 $3,000.00 42 SODDING 4900 LF $5.00 $24,500.00 1247 $0.00 1247 $6,235.00 25% $18,265.00 $623.50 43 ISEEDING 4171 LF $2.00 $8,342.00 7420 $0.00 7420 $14,840.00 178% -$6,498.00 $1,484.00 44 STREET WASHDOWN 1500 LF $0.01 $15.00 $0.00 0 $0.00 0% $15.00 $0.00 45 TRAFFIC CONTROL DEVICE ORG-SF 300 LF $1.00 $300.00 $0.00 0 $0.00 0% $300.00 $0.00 46 TRAFFIC CONTROL DEVICE T-1 BARR 600 SID $0.50 $300.00 $0.00 62 $31.00 10% $269.00 $3.10 47 ITRAFFIC CONTROL DEVICE T-11 BARR 600 SID $0.50 $300.00 $0.00 62 $31.00 10% $269.00 $110 48 TRAFFIC CONTROL DEVICE T-111 BARR 600 SID $1.00 $600.00 $0.001 166 $166.00 28% $434.00 $16.60 49 TRAFFIC CONTROL DEVICE SB W/L 3600 SID $0.50 $1,800.00 $0.00 93 $46.50 3% $1,753.50 $4.65 50 PAVEMENT REMOVAL & REPLAC-ASP 95 SY $65.00 $6,175.00 68 $0.00 68 $4,420.00 72% $1,755.00 $442.00 51 SAWCUT 250 LF $2.50 $625.00 146 $0.00 146 $365.00 58% $260.00 S36.50 52 STRAW BALES EROSION CONTROL 200 EA $1.50 $300.00 $0.00 0 $0.00 0% $300.00 $0.00 53 STAW MULCH EROSION CONTROL 200 SY $1.50 $300.00 $0.00 0 $0.00 0% $300.00 $0.00 E 54 FLOWABLE FILL 200 CY $47.00 $9,400.00 $0.00 0 $0.00 0% $9,4GO.GO so.00 PROJECT SIGN 2 EA $500.00 $1,000.00 $0,00 0 $0.00 0% $1,000.001 $0.001 CONTINUATION SHEET PAGE 7 OF 7 WORK PERFORMED A B c D == E E F G H WORK COMPLETED K COMPLETED TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED ROM PREVIOU THIS PERIOD MATERIALS COMPLETED TO FINISH NO. MCGUIRE USE ONLY VALUE APPLICATION STORED &STORED % I (NOT IN D) TO DATE (GIC) (C-G) I D+E+F 56 PROJECT ALLOWANCE 1 LS $90,000.00 $90,000.00 0.11260112 0.176121 $15,850.85 1 $58,420.79 65% $31,579.21 $5,842.08 $0.00 $0.00 0 $0.00 #DIVIO! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV/O! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV/0! $0.00 so.00 $0.00 $0.00 0 $0.001 #DIV/O! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV,10! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV/O! $0.001 $0.00 $0.00 $0.00 0 $0.00 #DIV/O! Moo $0.00 $0.00 $0.00- 0 -$0.00 -#DIV/O! $0.00 $0.00 $0.00, $0.00 0 $0.00 #DIVi0! $0.00 $0.00 -$0.00 $0.00 0 $0.00 #DIV/O! $0.00 so-00 $0.00 $0.00 0 $0.00 #DIV/O! $0.00 $0-00 $0.00 $0.00 O Moo $0.00 $0.00 0 $0.00 #DIV/O! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV/0! $0.00 $0.00 $0.00 $0.00 0 $0.00 #DIV101 $0.00 $0A0 $0.00 $0.00 0 $0.001 #DIV/0! $0.00 $0-00 $0.00 $0.00 0 $0.00 #DIVID! Moo $0.00 0 $0.00 #DIV/0! Moo $o.00 $0.00 $0.00 0 $0.00 #DIV/O! $0.00 $o.00 $0.00 $0.00 0 $0.00 #DIV10! $0.00 s0-00 $0.00 $0.00 0 $0.00 #DIV/01 $0.00 $0.00 u $0.00 $0.00 O $0.00 #DIV/0! mool $0,00 $0.001 $0.00 1 01 $0.00 -1 #DIVIO! $0.00 $0.0o - $0.00 $0.00� -_�$�000 T- ol $0.00- -I $0.00 $0.00 COMPLETED TO DATE $1,698,312 nni $15,850.851 - $1,626,888.29T 96%1 $71,443.71 $162,688.83 110 STATE OF OKLAHOMA ) ss COUNTY OF TULSA The undersigned (architect, contractor, supplier or engineer), of lawful age, being first duly sworn, on BUSINESS NAME OF CONTRACTOR, ARCHITECT, SUPPLIER OR ENGINEER BY M I . Attested to before me this 29 day of A) 0 20 NOTE: 62 OKL. St. Ann. §310.9 (A&B), require counties executing contracts with an architect, contractor, -ngineer or supplier of materials of twenty-five thousand dollars ($25,000.00) or more to complete the statement required by Section 3109 of Title 74. I R. COUNTY DEPARTMENT Form 1206 (Rev, 2-04) SAM 1-4001 (1993) (Tulsa County) ;dD FROM: MCGUIRE BROTHERS CONSTRUCTION, INC. m PAGE °1 ITOTAL BY: Bond No. BD 90359 CONSENT OF SURETY C: OWNER CONTRACTOR TO FINAL PAYMENT 111 N. Main St. SURETY (SfMILA Z TO AIA DOCUMENT 0707) PROJECT: Phase I - Upper Service Area Water Transmission Line (name, address) TO (Owner) FCity of Owasso Contr. Admin. 111 N. Main St. Owasso, OK 74055 CONTRACTOR: McGuire Brothers Construction, Inc. ARCHITECT'S PROJECT NO: �] CONTRACT FOR: CONTRACT DATE; February 2005 In accordance with the provisions of the Contract between the Owner and the Contractor as medicated above, the (here insert name and address of Surety Company) Mid - Continent Casualty Company P O Box 1409, Tulsa, OIL 74101 -1409 9 SURETY COMPANY, on bond of (here insert name and ;address of Contractor) idlc(,iuire Brothers Construction, Inc. 8415 S Regency Dr, Tulsa Oil ?4131 '9901TIMMOM hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligation.,, to (here insert name and address of Owner) City of Owasso, 1 1 I N. Main St., Owasso, OI< 74055 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Susoty Company has hereunto set its hand this 28th Attest: (Seal): day of November 9 Zoo 5 Attorney -in -Fact (Jamie Burris) Title ?Vote: This f nu is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition M MID-CONTINENT CASUALTY COMPANY Tulsa, 01dah® a , I {nowv "I Men by those Presents: That the MID- CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of'Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company on March 13th, 1947, to -wit: "Article IV, Section 7. -- 'Tile Executive Officers of the Company shall have power and authority to appoint, for purposes oruly of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Mice president, Resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney -in -Fact and revoke the power- and authority given him. None of such appointees need be Directors of the Company." The Company does hereby constitute and appoint Jamie Burris, Vaughn Graham and Robbie Loyd, individually of TULSA, OK its true and lawful attorney(s)- in-fact, to execute,; seat and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said MID - CONTINENT CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, MID- CONTINENT CASUALTY COMPANY presents this 22 day of August has executed and attested these 2005 ATTEST: SARA ANDS RSON `I ASSISTANT SECRETARY TODD) BAZATA VICE PRESIDENT On this 22 day of August 2005 before me, 'a Notary Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally known to ire the officer described: in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn; said that he is the therein described and autliorized officer of the MID- CONTINENT CASUALTY COMPANY aforesaid, and that the sear affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, and that Article IV, Section 7, of the By -Laws of said Company, referred to in the.preceding instrument, is now in fo£ee, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and year-first above written. . J�k s t Commission # 99009381 STATE OF OKLAIdO ° ®sap onunission exp• es 06-07 -07 COUNTY OF TULSA Ir) ALIof111AN � '4ap,A. Notary Public I, SARA AN[7ERS ®t�i`�s, ` s rs idt Secretary of NM-CONTINENT'CASUALTY COMPANY do hereby certify that the foregoing extracts of the By -Laws and o 'Rosolu't%n of the Board of..Directors of this corporation, and of a Power of Attorney issued pursuant thereto.; are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. This cetif ies that any facsimile or mechanically- produced sigiature of any officer of the Company and Company seal, wherever appearing upon a power ofattomey issued by the Company, shal l be vidid and binding upon the Conipany with the same force and effect as though manually affixed. IN WI TNE SS WHEREOF, T ll iV> hereunto set illy hand and affixed the facsimile seal of said corporat' TIB�I�pjF /�. - ® ®4`(t�, ��emepoaaey��r�•,��¢ this day of- 8 R`` G;>4 s SARA ANIORRSON 11' Assistant Secretary n' mss -mc, aNPA004o1 h `y TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO FROM- DAN YANCEY CHIEF OF POLICE SUBJECT: EXTENSION OF JAIL SERVICES FOR COLLINSVILLE DATE- December 20, 2005 BACKGROUND. In December 2001, the City of Collinsville City hall was destroyed due to a structure fire, which also contained the fire and police operations. At the time, their police department was operating a 24 hour holding jail, by Oklahoma jail standards. As a result of the loss of the jail, the Collinsville Police Department has been unable to effectively process and hold prisoners on Collinsville municipal charges for lack of jail space. In March 2003, the City of Collinsville approached the City of Owasso about providing temporary jail space in the event their police officers arrested someone on municipal misdemeanor charges. The City of Owasso being receptive to helping a neighboring city, began the process of examining legal and procedural requirements, compensation and proper documents for the Inter -local agreement. AIJTIIORITY® Title 74, of the Oklahoma Statute, Chapter 31 -1001 is a statute that provides municipalities with the authority to enter into inter -local agreements. The purpose of Section 1001 is to permit local governmental units to make the most efficient use of their authority by enabling them to cooperate with other localities on a basis of mutual advantages; thereby providing services and facilities that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The cooperating governmental units can, if they deem it necessary, create an entity to carry out the cooperative functions. COM El®NSATION: For the duration of the Inter -local agreement Collinsville has been paying the City of Owasso at a rate per prisoner on a 24 -hour basis, as set out in Schedule "A" ($27 per day) attached hereto. The staff recommends the current $27 per day, per prisoner fee remain the same. DURATION OF AGREEMENT: The initial terms of this agreement commenced upon execution by both parties and approved and filed through the State Attorney General's Office. Collinsville has the option to renew this agreement for a one-year term, commencing on January 1, 2006. Said renewals shall be subject only to mutual agreement of the parties with the rate and payment set forth in Schedule "A" COMMENTS: Attached is a letter from Collinsville expressing a desire to extend the agreement for a period of one (1) year that will expire in December 2006. The staff has conveyed to the City of Collinsville its desire not to renew this agreement upon its expiration in December 2006. Since inception of the agreement Collinsville has been billed for 178 days, totally $4,806 in revenue. RECOMMENDATION: Staff recommends City Council approval of the Inter -local agreement between the City of Owasso and Collinsville for jail services for a period of one (1) year, ATTACHMENTS: 1. Inter ®local agreement with attachments 2. fetter from Collinsville ITNTERLOCAL AGREEMENT Cn FOR JAIL SERVICES r_1 T IN17ERLOCAS AGREEMENT FOR JAJL SERVICES (hereinafter 01i Ln "Agreement") is made and entered into by and between the CITY OF OWASSO, r- OKLAHONIA (hereinafter "Owasso"), and the CITY OF COLLINSVIILE, r— - 511] 07 0-M-60 ValEREAS, Title 74 ®. S. 2001 1001 et seq, authorize cities to enter into interlocal agreements for jail services that specify the responsibilities of each party; VaffiREAS, Owasso has a jail facility and Collinsville desires to enter into this agreement to utilize Owasso's jail facility and the terms and conditions of this agreement-, 1. DEFINITIONS. Unless the context clearly shows another usage is intended, the following terms shall have the following meanings in this agreement-, b. Collinsville prisoner means a person arrested by the Collinsville Police and held and confined in the Owasso Jail (either pre- or post-trial) pursuant to a violation of a Collinsville ordinance or a violation of state law which designated the crime for Owasso, Cit /OMterlacalAgrecrncnt. doc I MHMRIII�� C. Collinsville agrees that if any Collinsville prisoner is deemed out of control or dangerous by the personnel at the Owasso Jail, on four (4) hours' notice from Owasso to Collinsville, Collinsville shall make arrangements to remove and transport to Owasso,CityoG'Intcrloc3lAgr,kou-m,-nt,doc 2 Acceptable reasons for the Owasso Intake Officer to refuse a prisoner include-. The Owasso Intake Officer will inform the Collinsville personnel that they must get a medical and/or mental health release for the prisoner from a licensed physician before the individual will be accepted into the jail. e. If the prisoner is released by a licensed physician, the individual committing the prisoner must submit the following documents to the intake officer prior to processing of the prisoner: i A medical or mental health release signed by physician, and ii Any discharge "instruction sheet", and iii) Any prescriptions ordered by the physician, Owasso,Cit-yof/Interlc)catAgreement.doc S, RATE AND PA --NT_ Co , Ilinsville shall pay Owasso at a rate per prisoner on a 24-hour basis set out in Schedule A attached hereto. Said rates shall be adjusted from time to time by mutual agreement in advance of the renewal of any term of this agreement as provided in Section 6. Collinsville shall be responsible for all costs for the transport of its prisoners, a. Payment shall be made promptly by Collinsville to Owasso within thirty (30) days after a monthly statement is submitted by Owasso to Collinsville. 7. RECORD KEEPrNG (BOOKTNCT). Owasso agrees to maintain a systern of record keeping relative to the booking and confinement of each Collinsville prisoner in such style and manner as equivalent to Owasso's records pertaining to its own prisoners. Such records shall include, but not be limited to, the following information.- defendant's n name, charge, booking date, release date, and manner of release (i_e., personal Owa.ogo,Cityof/InterlocalAgreenient,doc 4 recognizance, bond, cash ball). Along with monthly billing statement, Owasso shall submit to Collinsville or its authorized representative's copies of said records_ b. in compliance with orders of the court in those matters which the courts have jurisdiction; C. For appearance in court-, d. For interviews by Collinsville Police or attorneys; e. If the prisoner has served his or her sentence or the charge pending against the prisoner has been dismissed; or f As determined by the Owasso Chief of Police or his designee as part of a plan to reduce prisoner population as a result of facility overcrowding; PRO :ED, however, Owasso and Collinsville prisoners shall be released or relocated to the David L, Moss Correctional Center on a "first in first out" basis. 9. When in the discretion of an Owasso police officer holding the rank of Sergeant or above, or the Communications Supervisor, such release is warranted, Owasso shall notify Collinsville Police of such event as soon as possible. 11, OPERATION OF J.AIL, Owasso agrees to operate the jail to current professional standards and practices in accordance with all state and federal standards, whether set by constitution, statute or regulation. Collinsville shall receive equal treatment to that supplied to Owasso's own prisoner. Owasso,Cityo UInterl ocalAgreemcnt. doc 5 C. The indemnities provided for in this paragraph 11 shall apply to all legal costs and attorney's fees incurred by the party indemnified. In any action to enforce the indemnities provided for in this paragraph, the prevailing party shall be entitled to recovery of costs and attorneys' fees for the enforcement of these indernaitics. 13. TERMINATION OF AGREEMENT. Either party may terminate this Agreement upon thirty (3 0) days written notice to the other City Manager. a. The Police Chiefs for each city and appropriate staff shall meet quarterly to discuss any pending -issues to resolve disputes., if any. 15. WAIVER. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance. Owasso,Cityol/IntertocaLALgremeiit.doc 6 16, ASSIGNMENT. Neither this Agreement nor any interest herein or claim hereunder shall be assigned or transferred, in whole or in part, by either Owasso or Collinsville to any other person or entity without the prior written consent of the other i party. In the event that such prior written consent to an assignment s granted, the assignee shall assume all duties, obligations and liabilities of its assignor stated in this Agreement. 23- INTEGRATION- This written Agreement constitutes the complete and final agreement between Owasso and Collinsville- There are no other oral or written agreements between the parties as to the subjects covered by this Agreement. No changes Owasso, Cltyo UhAterlocalAgccincnt. do c 7 City Manaer LO 0 - r-- 11 I North Main Street C-) Owasso, Oklahoma 74055 r-- TO CITY OF COLL.INSVLLLE City Manager 106 North 12th Street Collinsville, Oklahoma 74021 The Owasso Chief of Police shall serve as Owasso's administrator or responsible official for this Agreement, The Chief of Police for Collinsville shall serve as Collinsville's administrator or responsible official for this Agreement, I 25, GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma as they now read or are hereafter amended. 26. APPROVAL AND FILING. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of said party. The attested signature of the officials identified below shall constitute a presumption that such approval was properly obtained. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of � 2003, CITY OFJOWASSO CITY OF COLLINSVILLE BY 13Y.- 4� —I DATE. Ira Al Owas-qo,CityofllnterlocalAgcemLni.doc 8 I 2 - 0 DAM REVIEW AND APPROVED BY THE A.TTOPNEY GENERAL Owasso,CityoOnterlocalAgreement,doc Ln Daily Maintenance Fee $27.00 per person Ovasso`Cdyv 10 I have reviewed the referenced Agreement and 'found it to comply with the provisions of the Interlocal Cooperation Act. Pursuant to the provisions of 74 O.S. 2001, § 1004(f), the referenced Agreement is hereby officially APPROVED as of the date of The signature manifested hereon_ Please be advised that, before the Agreement may go into force, copies of the Agreement, and of this Letter of Approval, must be filed with the County Clerk and the Secretary of State, Signed -this Z-3 day of June, 2003, -- r�-Ck-- &A- aq-:t Q— f C 4545-N. LINO)i.N BLVIO., Skirf'p! 260, Otf-LAHONI A (,tTY, OK7:,].05-"119,514051521-1'—)71 .,?CYC!Ca pope, NOV-UV-4UU� U4: I 4PM FrQM-LULLIMVILLt FULIU v I u jr I iuuo I-uo r - uu4i vu4 r-O I ( Chief Dan Yancey Chief of Police Owasso Police Depament I I I North Main Street Owasso, OK 74055-2923 Ccl- Stan Sallee, Mayor Pain Polk, City Manager MEMORANDUM TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITY OF O ASSO FROM RODNEY C i = 11, DATE: DECEMBER I6, 2005 BACKGROUND. A contract for personal services between the City of Owasso and Rodney J. Ray was approved in December, 2004. The contract was crafted to allow for two new sections to our contractual relationship, one was a contract term of two years and included pay increases of 5% each of those years. Additionally, the contract included a second new item, inserting language that required me to "buyout" of the contract if I were to leave the City's employment to work for another City. That measure was intended to protect the city from a unilateral action and return a portion of the city's funds should I choose to terminate my employment. The contract automatically "rolled over" to the 2006 calendar year absent notice from either party stating their- intent to renegotiate any of the terms. Such language being the vehicle by which a multiyear contract was allowed. Although I have no desire to renegotiate the current terms of the agreement, there is, I believe, an error in the contract, specifically in Section 3, Salary. I was under the impression that the "lump sum" payment in 2006 would be $22,000 (rather than $17,000) thus allowing me to increase my retirement plan investment as I have done in each of the past four years. As I have stated in previous discussions, I can maximize my investment return if I increase my level of participation within a defined time frame early in the year. It was my intent to place all of the 2006 increase in compensation in that plan just as you have allowed me to do in past contracts. Obviously, I did not review the contract in enough detail and allowed it to be executed without requesting such change. A simple amendment to the agreement can be acted upon to change the wording in this section, thus allowing the increased lump sum payment without increasing the total compensation in the current contract (for 2006). REQUEST: Present for your consideration is Amendment No. 1 to the two year employment contract, increasing the lump sum payment by $5,000 for a resulting one -time payment of $22,000 and reducing the regular twenty -six (26) salary payments by $5,000. The total compensation paid by the contract will not increase. Memo December 16, 2005 Page 2 of 2 NOTE It should be noted that the language of the contract now in effect makes your action on my request entirely voluntary. Notice of intent to renegotiate the terms of the contract was due on November 1, 2005, thus your decision as to whether or not you desire to consider such a request is within your discretion and solely your choice. ATTACHMENT- 1. Amendment No. 1 to the ]Employment Contract 2. Employment Contract executed December 21, 2004 ii � � I I � � 'I � 'I I N!" I I F5, 1 This First Amendment to Employment Agreement is made and entered into on this --- day of December, 2005, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," and Rodney J. Ray, hereinafter called "Manager," Whereas, the Employment Agreement was originally executed by the parties on December 21, 2004, and both City and Manager hereby desire on this date to amend Section 3 of the Agreement entitled "Salary" to read as follows: IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. � Ma Sherry Bishop, City Clerk TM 111T, I " Y TeN P Rodney J. Ray ,FL,pproved as to form and legality on the _ day of __ 3 2005. Julie Trout Lombardi, City Attorney EMPLOYMENT AGREEMENT THIS AOl +EMENT, made and entered into this 21st day of December, 2004, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City ", and Rodney J Ray, hereinafter called "Manager" WITNESSETH- WHERE AS, City desires to employ the services of Rodney J Ray as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3-1 of the Charter of the City of Owasso, Oklahoma; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHERE AS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. �e A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3 -1 (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section 10 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section 14 of this agreement. C. The Term of this Agreement shall be from January 1, 2005 until December 31, 2006. It is specifically understood that the parties to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2005 -2006, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. Section 3. Salary The City agrees to pay the Manager for his services an annual base salary of One Hundred and One Thousand Eight hundred and Fifty Dollars ($101,850) beginning January 1, 2005. Of that amount $84,850 shall be paid in twenty -six payment of equal amounts; and $17,000 shall be paid in a one -time lump sum payment within sixty days of the effective date of this contract. Beginning January 1, 2006, the City agrees to pay the Manager an annual base salary of One Hundred Six Thousand Nine Hundred and Forty Dollars ($106,940). Of. that amount $89,940 shall be paid in twenty -six equal amounts; and $ 17,000 shall be paid in a one -time lump sum payment within sixty days of effective date of the employment of the City, the Manager shall be required to return to the City a pro rata portion of the lump sum payment. ��; 1)• r .,� �, In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10 %) of Manager's annualized base compensation for the purpose of the manager's retirement program. Such payment to be made as a one-time lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations of the operating and /or capital budgets. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropriate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to future performance. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. ;-; r . Outside During the term of this Agreement, the Manager shall be a full time City Manager. The Manager agrees to remain in the exclusive employment of the City until this Agreement is terminated and not to work in the employment of another employer earlier than the date of termination. Outside employment shall not be construed to include occasional teaching, writing or consulting performed on the Manager's time off. Section 7. Compensatory Time Off It is recognized that the Manager must devote a great deal of time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time off as he deems appropriate during normal office hours. A. The City Manager will be credited with three (3) weeks vacation leave during the term hereof. Vacation time shall accrue at a rate of 10 hours per month. B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accruing sick leave until such time has passed that Manager would have accrued the original two hundred forty (24.0) hours. Thereafter, Manager shall accrue sick leave at the same rate as other employees of the City, and the method of accrual and use of such leave shall be governed by the Ordinances of the City and applicable rules and regulations. C. The Manager shall receive all other forms of paid leave extended to other employees of the City. The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage under COBRA at his expense, regardless of the reasons for separation from employment. Section 10. Termination, Severance Benefit and Resign atiwt, A. The City shall pay severance benefit to the Manager during the term of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defined herein if he is released from service for any reason except cause as defined herein. However, should the Manager leave during the term of this agreement for any other municipal position in another municipality, Manager agrees to reimburse the City the equivalent of a full six month's base salary. B. The parties hereto expressly agree no severance payment as defined in Section IOA shall be paid if the Manager is terminated during the term of this Agreement for cause. C. Cause shall be defined as including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. D. In the event the Council at any time during the term of this Agreement reduces the salary or other benefits of the Manager in a greater percentage than. an applicable across -the board reduction for all other employees of the City, or the City Charter of the City of Owasso, Oklahoma, is amended to delete the Council/Manager form of government, or the Council acts to terminate, then the Manager may, at his option, be deemed to be terminated effective at the date of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. E. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council and /or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section 10A. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. F. If the Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section 10A. In addition thereto, Manager shall be compensated for any accrued vacation not used, holidays, and any other accrued benefits. G. If Manager shall die during any period in which payments are being made in accordance with Section 10A, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section 10A will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the Manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. I. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to terminate this Agreement. Section It. General Expenses A. In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and Functions before, during, and after normal work hours. I3. The City recognizes that certain expenses of a generally job - affiliated nature are incurred by the Manager in the course of his duties and agrees to pay the Manager each month for such expenses. Detailed receipts must be presented before reimbursement is approved. C. The City will pay the premiums of any fidelity bonds required of manager by the Charter and Ordinances of the City or otherwise as may be required by State L,aw, The City agrees to budget and pay for the professional dues and subscriptions of the Manager necessary for his membership in the City Managers Association of Oklahoma.. The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefore, all as set forth in Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non renewal no later than sixty (60) days prior to the expiration date hereof. If, and in the event, City shall fail to give written notice of non - renewal within the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein for the entire upcoming calendar year, and /or a successor agreement with an effective date of January 1, 2007, is entered into for the entire calendar year, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. Upon affirmative vote by a majority of the governing body prior to December 31, 2006, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent not to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and such resignation shall not waive the City of any obligations set forth in the first paragraph of this Section and the City shall be obligated for the full six (6) months severance, regardless of the date of the Manager's resignation. Section 15. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United. States postal service, postage prepaid, addressed as follows; CITY: City Council PO Box 180 Owasso, OIL 74055 MANAGER: Rodney J Ray 8503 N 100th East Ave Owasso, OIL 74055 Alternatively, notices may be personally served on the parties. Notice shall be deemed given as of the date of personal service or as of the date of deposit of written notice in the United States postal service. A. The text herein shall constitute the entire agreement between the parties. This Agreement supercedes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carryover into the term hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or Federal Law. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be construed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. D. Titles of this Agreement are for reference and convenience only, and shall not be construed to modify the specific terms hereof. E. This agreement is specifically subject to appropriation of moneys to fund same for the calendar years January 1, 2005 through December 31, 2006. IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. By: _&I't, "'41�1UT-Y-'\-k-1": %--'�_C Susan Kimball, Mayor MAN A R Rodne a to form and legality on the day of 2004. D. Cates, City Attorney TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- Igo CLARK FI RE CHIEF SUBJECT: RED ROBIN GOURMET U GE S DONATION ATE: December 149 2005 BACKGROUND Red Robin Gourmet Burgers, the casual dining company that serves up wholesome fun, feel -good experiences by offering its guests an imaginative selection of high - quality gourmet burgers and innovative menu items in a family - friendly environment, celebrated the grand opening of its first Owasso, Oklahoma location by raising $2,327.50 for the Owasso Fire Department. As part of Red Robin's ongoing commitment to local communities it serves in Oklahoma, the restaurant donated 50 cents from every gourmet burger sold during opening week, November 7 -13, to the Owasso Fire Department. The fire department intends to use the funds to support their public education programs. DONATION USE: The money raised during the restaurant's opening will assist the Owasso Fire Department in the creation and distribution of informational brochures during or after emergency medical incidents. These brochures will inform the victims or relatives of victims about common illnesses and injuries that resemble those the victim may be suffering. Although brochures resembling the proposed exist, the intent of this campaign is to target the common ailments found by Owasso medics, and identify the Owasso Fire Department on the brochures. Currently, this program does not exist, but can be created as a result of Red Robin's donation. COMMENDATION: Staff recommends City Council acceptance of the donation in the amount of $2,327.50, and approval of an amendment to the FY 2005 -06 General Fund Fire Services Budget increasing revenues by $2,327.50 and approval of a supplemental appropriation increasing expenditures in the same amount. 'ro: THE HONORABLE MAYOR AND COUNCIL CITY ASS FROM: DK.CLARK FIRE, CHIEF SUBJECT. FIRE LANE ORDINANCE ORDINANCE #834 December 1 E Y BACKGROUND: The proposed Fire Lane Ordinance, attached for your information and review, bridges a realized gap between the requirement to designate and maintain fire lanes with the enforcement power necessary to keep the fire lanes cleared of parked vehicles. The International Fire Code requires fire lanes, and addresses the signagc and painting requirements to designate such, but is silent as to the aspect of the enforcement ability of local entities to clear the fire lanes of parked vehicles. The ordinance, if approved, allows both the Police and Fire Departments to enforce the provisions of the ordinance for those who park in the designated and identified fire lanes in Owasso. The ordinance also creates the necessary bridge between the designation of the fire lane and the penalty fee schedule for violators of the ordinance. As stated earlier, although there is a fee schedule for the violations that may occur as a result of parking and /or obstructing a fire lane, current enforcement ability and authority is vague at best. RECOMMENDATION: The staff recommends City Council approval of Ordinance #834. ATTACHMENTS: T. Fire Lane Ordinance Proposal CITY OF OWASS09 01,,,-LAHOMA ORDINANCE NO. 8 BE IT ORDAINED BY THE, COUNCIL OF THE CITY OF OWASSO, OICLAHOMA, THAT, TO -WIT. SECTION ONE (1)o Part Fifteen, `traffic and Vehicles, Chapter i, Stopping, Standing and Parking Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: (1) Fire lane markings. Fire lanes shall be designated on all sides by painted curbs, signs, or stripes, or by a combination of these as approved by the Fire Marshal. (2) Parking of motor vehicles in fire lanes or otherwise obstructing fire lanes shall be prohibited at all times. Exceptions Emergency vehicles during emergency situations or operations. (3) Parking of motor vehicles in fire lanes, or otherwise obstructing fire lanes, on public or private property shall be prohibited at all times. (4) Fire lanes and driveways shall be located so that all buildings served by them are accessible to fire equipment. (5) Access during construction. The contractor or person in charge of any construction site for commercial, industrial, mercantile, educational, institutional, assembly, hotel, motel, multi - family dwelling, mobile home park, or any other commercial occupancy whose structures total more than 4,000 square feet shall provide and maintain fire lanes as shown on approved site plans. Fire lanes shall be constructed of asphalt, concrete, or other alternative pre - approved by the Fire Marshal and sufficient to support fire apparatus. (6) Fire lanes shall be not less than 20 feet unobstructed width and a minimum vertical clearance of 14 feet. An approved temporary fire access lane shall be in place prior to any above -slab construction or storage of combustible materials on site. (7) The Fire Department and the Police Department shall have authority at any time to enter property to enforce the provisions of this section. The Fire Department and the Police Department shall have the following powers and duties: (1) To enforce parking regulations in those areas properly designated and marked as a fire lane. (2) To issue citations for vehicles improperly parked in fire lanes. The citation shall contain the time, date, vehicle tag number, make, year and color of the vehicle. The Fire Marshal or Police Officer shall conspicuously affix a copy of the citation to the vehicle. The citation shall be on a form provided by the City. (3) The said citation shall be filed with the Municipal Court within three days after issuing the citation. Ca All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. De If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. 2 E. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ea The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 15, Chapter 7, as section 15 -726. PASSED by the City Council of the City of Owasso, Oklahoma on the 201h day of December, 2005. Craig Thoendel, Mayor Sherry Bishop, City Clerk APPROVED as to fonn and legality this 20th day of December, 2005 Julie Lombardi City Attorney TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCIILLEV CITY PLANNER SUBJECT. ANNEXATION — (OAc05 -I0) DATEo December 14, 2005 BACKGROUND The City of Owasso has received a request to review and approve the annexation of approximately 20 acres, located south of the southwest corner E. 96`x' Street North and N. Garnett Road. LOCATION The property is located south of the southwest corner E. 96`x' Street North and N. Garnett Road. A general area map has been attached for your review. EXISTING LAND USE Undeveloped North: Commercial South: Commercial East: Residential West: Residential PRESENT ZONING CS (Commercial Shopping District) and RTH (Residential Townhouse District) — Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION + VIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties arc considered for annexation. The amnexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso P1amling Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. CONSIDE12ATIONS OF AN ANNEXATION The following annexation policy for the City of Owasso is provided as a guideline and should not be constructed as inflexible requirements for annexation. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City Limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non - conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owner's expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right -of -way. This policy will establish consistency and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. ANALYSIS Staff received a petition from Owasso 20, LLC, requesting the City to annex approximately 20 acres of property. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of commercial and office development. The request is consistent with the Owasso 2015 Land Use Master Plan as it calls for commercial development in the area. If the property is annexed into the City the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If' annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property would be served water and sewer by the City of Owasso. In regards to the Owasso Annexation Policy, the request is larger than 20 acres and is completely surrounded by properties that are within the City of Owasso. If annexed, it is the staff's recommendation that the eastern portion of the subject property retain the Tulsa County commercial zoning designation as allowed in section 110.3 of the Owasso Zoning Code, where it states "When any territory shall be brought into the zoning jurisdiction of the City of Owasso by annexation or otherwise, such territory shall be deemed to be in the AG Agriculture district, provided, however, that the City Council may annex and rezone in one ordinance properties given previous zoning in Tulsa County". It is also the staff s rccomnrendation that the western portion of the property be annexed as AG (Agriculture district), requiring a rezoning of the western portion of the property prior to its development. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. OWASSO ANNEXATION COMMITTEE At their December 7, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05 -10. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on December 12, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve OA 05 -10. RECO11iiMENDATION Staff recommends approval of OA 05 -10. ATTACHMENTS 1. General Area Map 2. Applicants Annexation Petition E. 96th ST. H Subi ect Property 10 AC Owasso Commimity Development Department 11! N. Main St. Owasso, OK 74055 918.376.1500 918.376,1597 ,v-ww.c wofowasso.coni 'n Firl's ff, Miff H, A, October 30, 2005 Mr� Chip McCulley City Planner City of Owasso K,v Br,-,*11 - ar, cg_ Ile 0A0 MrT_7 Rai An-nexat!Dn of Ovvas 7, LL C (formerly the Spears tract at the NEc of Wj' &.Ga.rnett) and Oviasso 20,, LLC (formerly the Harrell tract just south of Wh & Garnett) Chip, I 'vv iant to plat the above referenced tracts of land as soon as possible, I understand from our conversation that I will first need for the City of Owasso to annex the properties. Please consider this letter a formal request for the City to begin the process of annexing the properties. -Please let me of any steps I can take to help expedite the process, Thank you in advance for you heip Sincerely, Chris I Bumgarner TO: THE HONORABLE MAYOR AND COUNCIL CITY Or' OWASSO FROM: CHIP MCCULLEY C1 W- PLANNER SUBJECT: EASEMENT CLOSURE (Heritage Construction) DATE: December 14, 2005 BACK The City of Owasso has received request to review and approve an easement closure of 240 sq ft of a 20' utility easement located • the east side of Lot • of Block I as shown on the filed plat of the Country Estates V1. EXISTING LAND USE: Single Family Residence North: Residential South: Residential East: Residential West: Residential LOCATION The easement in question is a 20' utility easement located on the east side of the subject property. SEMENT CLQ-$,VRI� REVIEW PROCESS The Easement Closure review process is initiated when a property owner submits a letter requesting approval from the City • Owasso to vacate an easement. The letter is accompanieI, by the correct fee, survey drawings and letters from all easement grantees approving the request. M The proposed easement closure will then be presented to the Owasso Technical Advisory Committee (TACK for review and recommendation. At that meeting utility providers and city staff are of the opportunity to comment on the technical aspects of the request. The TAC will forward a recommendation to the Planning Commission. The Owasso Planr�ng •Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. T.k,# Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the request meets city specifications and approve or deny the request. ANALYSIS. The applicant is requesting this review in order to take appropriate action relating to matters allowing for the closure of 240 sq ft of a 20' utility casement located on the east side of Lot 6 of Block I as shown on the filed plat of Counti), Estates VI. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted • December 12, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the easement closure RECOMMENDAIJON Staff recommends approval of the easement closure. ATTACHMENTS: 1. General Area Map 2. Easement Detail W1 E 122 CT N -5— 1,- 0 122 ST 0 Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com fi E 122 CT N F FF 17 Heritage Construction Corporation P.O. Box 454 Collinsville, Oklahoma Phone 918 ®371 -5130 .Fa-v 918-371-5840 October 17, 2005 Cite of Owasso Owasso, Oklahoma 74055 To Whom It May Concern: I respectfully respect to close a utility easement located at 11201 E 121" Ct. N. Collinsville, Oklahoma 74021, AKA Lot 6 Block 1 Country Estates VI, an addition to the City of Owasso, Tulsa County Oklahoma according to the recorded plat thereof. Enclosed you will find a copy of the Mortgage easement that does show the encroachment in said Utility Easement. If you should request additional information please contact me at the numbers listed above. Sincef�i.y! Geon4e L. Sallee Jr. Heritac,e Construction Corporation le) V I \ q `I MIJ -,"L0l %) | §j n/ee - c4 QK6Ve eTG TO 2 nlmd 18 jlllisMtj PO:60 SOOE-PI-im TO: HE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- ERIC WILES COMMUNITY DEVELOPMENT DIRE, CTOI2 SUBJEC f o + GULAI"IONS FOR LANDSCAPING IN OWASSO ORDINANCE NO, 835 AND RESOLUTION 2005 -21 DATE. December 14, 2005 ;M .; 1 As part of the ongoing efforts to ensure an enhanced quality of life for residents of Owasso through reasonable development regulation, the staff has drafted and is proposing a landscape ordinance for the City of Owasso. In order- for the City to receive input on the regulations from a citizen perspective, the Planning Commission reviewed the regulations on December 12 at a public hearing. In November, the Owasso Economic Development Authority (OEDA) was presented with the proposed regulations and input was given at that time from a business perspective. Subsequent to the reviews by the OEDA and the Planning Commission, it is appropriate that the regulations be considered by the City Council. At the direction of the City Manager, the staff has drafted standards to guide the placement of landscaping with new developments in Owasso. The standards presented focus on three key issues: 1) landscaping for non - residential and multi - family developments adjacent to public streets, 2) landscaping as a buffer between non- residential /multi - family and existing residential developments, and 3) landscaping for downtown developments. In order to provide the city with a broad perspective and a wide range of input, the Owasso Landscape Standards Committee was formed. Its charge was to evaluate the current conditions of landscaping in Owasso, and to consider possible regulations that could have a positive impact on the nature of landscaping in the community. The committee reported its findings to the City Manager on October 17, 2005, and was comprised of twelve members, eight citizen members and four staff members. Tim Johnson Julie Mullinax Chris Snedden Dr. Dirk Thomas The current zoning code states very little about landscaping. In the site plan review section of the commercial development chapter of the code, it does state that "The site plan shall contain... Proposed location and development of buffer areas, screening and landscaping (section 660.3.e).99 These current regulations are insufficient when trying to address the variety of different landscaping plans that accompany developments in Owasso. As the city has grown, the opportunities for incompatibility between residential areas and non - residential areas have increased. It is reasonable to expect that some basic regulations should be considered in an attempt to maintain compatibility between residential uses and non- residential uses. The development of the proposed regulations began by examining the current types of landscaping in the community. The different types of landscaping that have widespread use in Owasso include street edge landscaping, clusters of trees and shrubs, parking lot landscaping, residential entrances and perimeters, buffers between commercial and residential developments, and structural landscaping. Next, landscaping ordinances from nine other cities across the state and neighboring areas were examined in order to explore the different ways that landscaping is regulated. A spreadsheet illustrating the basic regulations from these nine cities is attached with this memorandum. The committee then toured the community in order to compare the types of landscaping that exist in different places in Owasso. Once the existing conditions in Owasso and the existing regulations in other communities had been examined, the committee developed a list of issues that were determined to be priorities in the drafting of the landscaping ordinance. These issues were listed in a questionnaire of issues that was discussed and used to derive the framework for the proposed landscaping regulations. That questionnaire of issues is attached with this memorandum. List of Members of the Committee Citizen Members Staff Members Steve Compton Corey Burd Duane Coppick Chip McCulley Marilyn Hinkle Timothy Rooney David Norton Eric Wiles Tim Johnson Julie Mullinax Chris Snedden Dr. Dirk Thomas The current zoning code states very little about landscaping. In the site plan review section of the commercial development chapter of the code, it does state that "The site plan shall contain... Proposed location and development of buffer areas, screening and landscaping (section 660.3.e).99 These current regulations are insufficient when trying to address the variety of different landscaping plans that accompany developments in Owasso. As the city has grown, the opportunities for incompatibility between residential areas and non - residential areas have increased. It is reasonable to expect that some basic regulations should be considered in an attempt to maintain compatibility between residential uses and non- residential uses. The development of the proposed regulations began by examining the current types of landscaping in the community. The different types of landscaping that have widespread use in Owasso include street edge landscaping, clusters of trees and shrubs, parking lot landscaping, residential entrances and perimeters, buffers between commercial and residential developments, and structural landscaping. Next, landscaping ordinances from nine other cities across the state and neighboring areas were examined in order to explore the different ways that landscaping is regulated. A spreadsheet illustrating the basic regulations from these nine cities is attached with this memorandum. The committee then toured the community in order to compare the types of landscaping that exist in different places in Owasso. Once the existing conditions in Owasso and the existing regulations in other communities had been examined, the committee developed a list of issues that were determined to be priorities in the drafting of the landscaping ordinance. These issues were listed in a questionnaire of issues that was discussed and used to derive the framework for the proposed landscaping regulations. That questionnaire of issues is attached with this memorandum. 011 Lo:! rya <�� ` i �� t= LANDSCAPING 4 : The proposed landscaping ordinance, attached herewith, begins with a stated introduction and intent: These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. Four purposes are derived from that statement of intent: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. ,Separately, but based upon these purposes, the regulations begin with seven general requirements for landscaping: 1. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and /or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his /her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. i. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. The regulations then explain the rules for landscaping as they apply to developments within commercial, industrial, office, and multi- family zoning districts. These types of developments must provide a 10' strip of landscaped edge adjacent to public streets. The landscaped edge may be located within a right -of -way, easement, and /or building setback. Within this landscaped edge, there must be at least one tree planted for every 50 linear feet (four shrubs equal one tree). The required trees may be either spaced apart or grouped together as desired by the applicant. Within the downtown area, new developments are not required to provide a landscaped edge adjacent to public streets. However, the proposed ordinance would require new downtown developments to plant at least one tree for every 50 linear feet adjacent to a street. The downtown area is bounded by East 86th Street North, the Owasso Expressway, 5th Avenue, and Carlsbad. When new commercial, industrial, office, and multi- family developments are constructed adjacent to existing single - family developments, there must be a 20' landscaped buffer between the two developments. Within this buffer, there must be at least one tree planted for every 30 linear feet. In order to encourage tree preservation, every mature tree that is preserved within the landscape edge during development shall be counted the same as two new required trees. Landscape plans will be reviewed by the Planning Commission as part of the site plan review process. The Board of Adjustment will be given the ability to grant variances to these regulations in cases of hardship. M Its INE 1W-041 As part of the City's efforts to continually find new ways to be responsive to the changing demands of business and development, the staff also proposes that the landscape ordinance include language that allows the City Manager to promulgate rules and regulations that would be added to the landscape ordinance if such changes are deemed necessary. When such changes are made, the City Manager would notify the City Council of the rule changes. The changes would then "lay open" to Council action to disapprove the changes in part or in whole. The "lay open" period would be for 30 days. If the City Council did not take action on the changes within 30 days, then the rule changes would have the force and effect of law. The staff believes that such an approach to amending regulations would allow the city to adapt more rapidly to requirements of the marketplace. To develop a mechanism to provide for this promulgation of regulations, the staff proposes an ordinance ( #835) to adopt the landscape standards, and a resolution ( #2005- 21) to state what the specific landscaping requirements are. OEDA AND PLANNING COMMISSION INPUT: In order to receive comment from both a business perspective and a citizens' perspective, the proposed regulations were presented to the OEDA on November 18 and the Planning Commission on December 12. At those meetings, the OEDA and Planning Commission voted to recommend that landscaping standards adopted along with requirements for entrances into single - family subdivisions. Since the meetings, the staff has researched the issue of regulating what types of landscaping are provided at the entrances to single - family subdivisions. Possible requirements could include that a landscaped entrance plan must be submitted with the final plat of the subdivision. The location and types of trees proposed would be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All required landscaping would be required to be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association would be required to provide perpetual maintenance of the landscaped area. COMMENDATION: ION: The staff recommends approval of the Ordinance No. 835 and Resolution 2005 -21 1. Ordinance No. 835 2. Resolution 2005 -21 3. Spreadsheet of lighting regulations from 9 other cities 4. Questionnaire of issues 5. Presentation handout ICIITY OF OWASSO, OKLAHOMA ORDINANCE NO. AN ORDINANCE RELATING PART 12, ZONING DEVELOPMENT, LANDSCAPING REGULATIONS, O H LANDSCAPING STANDARDS FOR CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY DEVELOPMENTS Yd. 'THIS ORDINANCE OWASSO ti OFORDINANCES fly ADDING `, i NEW SECTION THEREUNDER t, B CODIFIED A'`, it ICE IT ORDAINED BY THE COUNCIL, OF THE CITY OF O ASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (I)- Part Twelve, Plamling, Zoning and Development, Chapter 19, Landscaping regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted as a new chapter and section by providing and codifying as follows: SECTION 1- LANDSCAPING ll ENTS These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. LINK= The objective of this Ordinance is to establish procedures and practices governing the protection, installation, and long -term maintenance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso and provide for the promulgation of rules necessary to achieve the intent of this ordinance. The City's purpose is as follows: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of Rules and Regulations to implement and ensure continuation of the intent of the ordinance. C. - Nonconformities Any landscaped or non-landscaped developments existing prior to the adoption of this ordinance are considered legal and non - conforming. Any new developments placed upon properties within Owasso subsequent to the passage of this ordinance must meet the requirements of this ordinance. D. -- Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordinance will result in unnecessary hardship. Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the ordinance to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. Fa m Severability All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to this end the provisions of this ordinance are declared to be severable. In addition, all landscaping will conform to all other applicable codes and regulations of the City of Owasso. Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code of Ordinances, provided for in Part 1 (General Provisions), Section 1 -108C. Unless after the date hereof a different penalty is provided, any person convicted of violating this ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) per day excluding costs. SECTION TWO (2) Repealer All ordinances or parts of ordinances, in conflict with this ordinance arc repealed to the extent of the conflict only. SEC'T'ION THREE (3)e Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4)a Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 19, as section 19 -101. PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of December, 2005. Craig Thoendel, Mayor Sherry Bishop, City Clerk APPROVED as to form and legality this 20t1' day of December, 2005. Julie Lombardi City Attorney A RESOLUTION RELATING TO THE LANDSCAPING REGULATIONS OF THE CITY OF OWASSO, PROVIDING LANDSCAPING STANDARDS FOR DEVELOPMENTS IN THE CITY OF OWASSO WHEREAS, the landscaping regulations of the City of Owasso are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation and planting of trees and plants in Owasso, NOW THEREFORE, BE IT + SOLVED by the City Council of the City of Owasso, Oklahoma, that the following standards are adopted as the Landscaping rules and regulations for the City of Owasso. ARTERIAL STREET — A street designated as an arterial in the City of Owasso Master flan. CALIPER — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die within three years. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86th Street North to the north, 5th Avenue to the south, and Atlanta Street to the west. GROUND COVED — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plat materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE DUFFER — Landscape area required to be provided adjacent to an existing single - family district in multi - family and non - residential areas. LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or highway in multi - family and non - residential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. B. General Landscaping Requirements These standards shall apply to all areas where landscaping is required by this ordinance. 1. required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged tees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his /her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. i. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. -C. — Commercial, Industrial, Office r Landscaping "'eq These standards shall apply to all commercial, industrial, office, and multi - family zoning districts. Landscaping along street right -of -way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. No specific width of landscaped edge shall be required for developments in the downtown. The downtown area is bounded by East 86th Street North, the Owasso Expressway, 5t" Avenue, and Carlsbad. Landscaping as a buffer between landscaping- requircd developments and existing single - family developments: For all new commercial, industrial, office and multifamily developments, a landscaped buffer shall be provided adjacent to all existing single - family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within. the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. D. — Single - Family Landscaping Requirements A landscape plan is required for the arterial entranec(s) to a single - family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association shall be required to provide perpetual maintenance of the landscaped area. E. — Tree Preservation and Protection The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees — Replacement trees will be required when any tree that was shown on a landscape plan is removed or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. F. — Care of Trees on Public band The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. G. — Landscape Plan Landscape plans shall be reviewed and approved by the Planning Commission as a part of the site plan review of all proposed developments. Upon completing their review; the Planning Commission shall: 1. Approve the landscape plan as complying with the requirements of this ordinance, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of this ordinance, or 3. Reject the landscape plan as failing to comply with the requirements of this ordinance. The required landscape plan shall contain the following: The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 5. Planting details and /or specifications. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. Approved this 20th day of December 2005. City of Owasso, Oklahoma Craig Thoendel, Mayor ATTEST: Sherry Bishop, City Clerk CITY Broken Arrow, OK Fort Worth, TX Edmond; OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sancti Springs, OK Wichita, KS MULTI-FAMILY RESIDENTIAL LANDSCAPE REQUIREMENTS Landscaping along street right -of -way Trees and spacing 1 per 50 linear feet No stated requirement 1 per 30 linear feet 1 per 12.5 linear feet 1 per 40 linear feet 1 per 40 linear feet 1 per 35 linear feet 1 per 35 linear feet 1 per 500 square feet 1 per 35 linear feet # of trees per dwelling two No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Shrubs and spacina 1 per 5 linear feet No stated requirement 1 per 12.5 linear feet 1 per 4 linear feet 1 per 10 linear feet 1 per 10 linear feet No stated requirement No stated requirement 1 per 50 square feet 1 per B finear feet Width of rewired landscaped edge 35 feet No stated requirement Ten feet 15 feet Five feet No stated requirement Five feet Ten feet No stated requirement Parking lot and other landscaping requirements Entrance requirements 180 sq. ft. of landscaping No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Most cities don't regulate Most cities don't regulate 13 feet # of parking s aces per tree 10 No stated requirement No stated requirement 8 No stated requirement No stated requirement 12 12 20 12 spaces per tree SINGLE-FAMILY SUBDIVISION LANDSCAPE REQUIREMENTS Landscaping along street right -of -way Trees and spacing 1 per 50 linear feet No stated requirement No stated requirement No stated requirement No stated requirement 1 per 75 linear feet No stated requirement No stated requirement No stated requirement Average Most cities don't regulate % of street and to be landscaped No stated requirement No stated requirement 15% No stated requirement No stated requirement No stated recuirernent 15% -15% 5% Most cities don't regulate QUESTI0--N'-NATRE OF ISSUES Landscapiric, Ordinance Steerim-4 Committee 1. Should the City of Owasso require a landscaped edge aloma the street peru-netaf oFrion-rasidentiall develop n-lents" Yes: 8 IN 0: 0 Should the City of Owasso set a required number olftrees and shl-i-lbs per foot alone; the stre-It perimeter of Ponrr'-sidential developments) Yesv 6 No: 2 3. I I Should the City of Owasso set a maximum distance that each parking space in a non-residential development may be from a tree? Yes: I No 7 4. Should the City of Owasso set a minimum size for landscape islands within a non - residential parking lot? Yes: 4 N o.- 4 5, Should the City of Owasso set a maximum number of parking spaces per tree within a non-residential parking lot'-.' Yes: 4 No: 4 6. Should the City of Owasso require a landscaped edge along the street perimeter of multi-family developments? Yes: 8 No: % 7, Should the City of Owasso set a required nUMb-CC of trees and shrubs per foot along the street perimeter of multi-family developments" Yes: 6 No: 2 8. Should the City of Owasso require a landscaped edge along an arterial perimeter of single-family developments? Yes- 3 No: 5 C, . Should the City of Owasso offer relaxed standards for developments that incorporate the preservation of existing trees into their plans? Mesa 8 Noe 0 10. Should the City of OAxasso require a landscape plan to be submitted wl—th all non -- residential site plans a d with all residential preliminary plats? Yes- 8 Nw 0 11. Should the City of Owasso provide a list of approved trees or disallowed trees? Approved. 1 Disallowed: 5 Both. 2 Neither: 0 12. Should the City of Owasso rag-ulate minimum tree sizes. for landscaped areas? Yes: 8 . No, 0 13. Should the City of Owasso provide, landscaping exemptions for developments along Viain Street between i6`l' Street and �6`�' Street? Yes: 3 No- 1 Other- 4 141 Should the City of Owasso require landscaping buffers between non- residential developments and existing residential areas? Yes: 8 No: 0 PROPOSED LANDSCAPE ORDINANCE Existing Regulations Process Used to Develop Ordinance 1. The Committee's charge — To research and recommend landscaping standards for the City of Owasso Process Used to Develop Ordinance 2. Examine and discuss apparent examples of a , ppropriate or, in2deqLlat. landscaping that already exists in Owasso Process Used to Develop Ordinance 3. Examine Existing Landscaping Ordinances from other cities Examine Other Cities' Ordinances Prepare spreadsheet that explains landscaping standards from 9 other cities Process Us.-d to Develop Ordinance A. our the Owasso Con, munity and it diff--ramt examples of landscaping _ �= \��; _ � \ ©� �� . _ - � �.:�,.��, .� � � � \�� `� � � � / � � � ^� �� ° .7�� \ �/ / �� \� � � � � \� � ®�\ \� \� � � \ � .� \�� \� � � � 7 <d� y� � � � - \� � Kr � � � � \ .. � -_ _�a�y�:��\ ��«�� m..... ,., ..� .. ��..\mz, 4 I x r v l 7 ` �4� if� c,� ,C a d�. � Potential Landscaping Issues • Commercial street edge • Trees and spacing • Parking lots • Residential entrances /perimeters • Buffers between commercial and residential developments • Building/structural landscaping 10 Process Used to Develop Ordinance 6. Draft and revise proposed ord",inance Purpose of the Ordinance Types of Developments Affected by Regulations Commercial, Industrial, Office, and MUlti-farnily d'evelopments would be affected by the proposed regUIC-Itions Landscaping of Street Edge Along the street right-of- way, the landscaped edge must be at least 10' deep. 12 Landscaping of Buffer Adjacent to Single-family The Landscaped buffer must be at least 20' deep One tree, per 30 linear feet (may be grouped or separate) Four shrubs - one tree Do\,A/ntown Standards No landscaped edge required One tree per 50 linear feet (may be grouped or separate) Four shrubs = one tree Tree Preservation Credits One mature preserved tree in the landscaped area equals N/o new required trees 13 Landscape Pic-in The landscape plan is reVie'Wed a--- a part of the site plan I . Replacement of Trees Replacement of a tree is required when a tree shown on a landscape plan dies or is removed Care of Trees on Public Land The City shall have the right to prune and remove trees within the right-of-way M Variances and Appeals Boar & Adju ' m, s e rat - Thle Boa, I shall be able to consider appeals and grant variances in cases of hardship None onformities 15 A RESOLUTION RELATING TO THE LANDSCAPING REGULATIONS OF THE CITY OF OWASSO, PROVIDING LANDSCAPING STANDARDS FOR DEVELOPMENTS IN THE CITY OF OWASSO WHEREAS, the landscaping regulations of the City of Owasso are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation and planting of trees and plants in Owasso, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, that the following standards are adopted as the Landscaping Rules and Regulations for the City of Owasso. li ' _F ZW ARTERIAL STREET — A street designated as an artcrial in the City of Owasso Mastcr plan CALIPER — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die within three years. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86th Street North to the north, 5th Avenue to the south, and Atlanta Street to the west. GROUND COVER — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plat materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE BUFFER — Landscape area required to be provided adjacent to an existing single - family district in multi- family and non - residential areas. LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or highway in multi- family and non - residential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. B. General Landscaping Requirements These standards shall apply to all areas where landscaping is required by this ordinance. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and /or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his /her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. These standards shall apply to all commercial, industrial, office, and multi- family zoning districts. Landscaping along street right -of -way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. No specific width of landscaped edge shall be required for developments in the downtown. The downtown area is bounded by East 86"' Street North, the Owasso Expressway, 5 "' Avenue, and Carlsbad. Landscaping as a buffer between landscaping - required developments and existing single - family developments: For all new commercial, industrial, office and multi - family developments, a landscaped buffer shall be provided adjacent to all existing single- family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. D. — Single - Family Landscaping Requirements A landscape plan is required for the arterial entrances) to a single- family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association shall be required to provide perpetual maintenance of the landscaped area. E. — Tree Preservation and Protectioi) The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees — Replacement trees will be required when any tree that was shown on a landscape plan is removed or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. F. — Care of 'frees on Public Land The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. G. — Landscape Plan Landscape plans shall be reviewed and approved by the Planning Commission as a part of the site plan review of all proposed developments. Upon completing their review, the Planning Commission shall: 1. Approve the landscape plan as complying with the requirements of this ordinance, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of this ordinance, or 3. Deject the landscape plan as failing to comply with the requirements of this ordinance. The required landscape plan shall contain the following: 1. The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 5. Planting details and /or specifications. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. Approved this 20th day of December 2005. City of Owasso, Oklahoma Craig Thoendel, Mayor ATTEST: Sherry Bishop, City Clerk TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO I+"It(7M- ERIC WILLS COMMUNITY DEVELOPMENT DIRECTOR SUBJECTo SIDE YARD SETBACKS IN SINGLE-FAMILY ZONING DISTRICTS ORDINANCE NO, 836 DATE. December 15, 2005 The staff has been requested to bring to the Planning Commission and City Council the issue of changing the zoning code to allow for side yard setbacks of five feet and five feet rather than five feet and ten feet. This change would affect single - family lots within RS -1, RS -2, and 125 -3 zoning districts, and this proposed change is presented in the form of Ordinance No. 836, attached to this memorandum. iii: t •', s: .. Currently, there are three developing subdivisions with approved 5' and 5' side yard setbacks. Bailey Lange, an 87-acre subdivision at the southwest corner of East 96`h Street North and North Mingo Load, was approved for 5' and 5' side yard setbacks by the Board of Adjustment in September. Sawgrass Park and Morrow Place each had the same provision approved for their PUD' s in November. At the November City Council meeting, the Council requested that the staff bring the issue of side yard setbacks to the Planning Commission and City Council in December. The Council intends to consider changing the zoning code, currently requiring side yard setbacks of 10' and 5' in single- family districts, to allow for setbacks of 5' and 5' . It is understood that an original basis for requiring side yard setbacks of to be 10' and 5' was to allow for firefighting equipment to access land in the rear of residential properties in an era when subdivisions were becoming less and less likely to provide alleys between rows of lots. In the decades since that time, technology and experience have shown that this reason is invalid; fences are built along property lines anyway, and firefighting equipment and tactics are more capable of dealing with a possible conflagration now than they were when the setbacks standard was established. The staff has researched both the building code and the life safety code, and found that as long as single - family structures are separated by at least six feet, no special measures need to be taken to protect the structures from each other in the event of a fire. Of course, the proposed setbacks of 5' and 5' would mean that single- family structures are separated by at least ten feet, more than adequate distance to meet this requirement. Further, the proposed setbacks standard would give builders more flexibility in the housing options that they provide to homebuyers. An example of this is the increasingly popular house with a three --car garage. This flexibility will ultimately result in a greater variety of housing opportunities for those who might be interested in relocating to Owasso. Therefore, a changed setbacks standard would provide Owasso with a distinct advantage in our attempt to serve households within. the Tulsa metropolitan marketplace. The staff recommends approval of the change in side yard setback requirements to allow for side yard setbacks of 5' and 5' within single - family residential zoning districts. The staff recommends approval of Ordinance Flo. 836. Ordinance No. 836 :fir ! �° i '►• `1 .fir F UL 3 2's, OKLAHOMA, 3 zH.; W SECTION ONE: Part 12, Planning, Zoning and Development, Chapter 2, Zoning Cod* of the City of Owasso, Oklahoma, Zoning Regulations, Section 12-201, Zoning lkegulations Adopted, f R 1(4), Chapter of said Zoning Code, Residential 1.1 { visions, Section 430.1, t shall be amended as follows, 430.1 Bulk and area requirements in the RE, RS, RD, RTH and RM districts are shown on Table 3 and 4 on the following two pages. Table 3 .. ,_.i RE -1 RS -2 Lot Width (Ft) 150* 100 75 ;65 Lot Area (Sq Ft) 24,000 13,500 9,000 70 Land Area Per Dwelling (Sq Ft) 28,375 16,000 10,875 8,400 Structure Height (Ft) 35 26 26 26 Livability Space (Sq Ft) 12,000 7,000 5,000 4,000 Front Ward Setback (Arterial) 35 35 35 35 Front Ward Setback (Non - Arterial) 35 35 30 25 Corner Ward Setback (Arterial) 20 20 20 20 Corner Yard Setback (Non - Arterial) 15 15 15 15 Rear Yard Setback 25 25 25 20 Side Ward Setbacks (Both Listed) 15115 515 515 515 Lot Width (Ft) One and Two Family 60 60 60 Multi- Family (Other than RM 100 100 Lot Area (Sq Ft) One and Two Family 6,900 6,900 7,000 7,000 Multi-Family (Other than RTH) 10,000 6,000 Land Area Per Dwelling (Sq Ft) One Family 8,400 7,500 7,500 7,500 Two Family 4,200 4,600 4,600 4,200 Multi- Family (Other than RTH) First Two I.U. 4,600 4,200 Each Additional D.U. Less than Two Bedrooms 3,100 2,400 Two or More Bedrooms 4,356 Structure Height (Ft) 26 26 26 IN/A Livability Space (Sq Ft) 2,000 1,400 1,000 9 Front Yard Setback (Arterial) 35 35 35 35 Front Yard Setback (Non-Arterial) 25 25 25 10 Corner Yard Setback (Arterial) 15 20 15 15 Corner Yard Setback (Non - Arterial) 15 15 15 15 Rear Yard Setback 20 20 20 10 Side Yard Setbacks (both Listed) 10/5 1015 1015 1.0/10 In the RM -I district a one-story limitation shall apply to structures containing more than 3 dwelling emits which are within 50' of an adjoining RE or RS district. SECTION : Any ordinance(s) or part(s) thereof in conflict herewith are hereby expressly repealed. SECTION THREE: The provisions of this ordinance shall become effective thirty (30) days from the date of passage and publication as is provided by state law. City Clerk Approved As To Form® City Attorney CITY OF OWASSO, OKLAHOMA M TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITYOF OASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT- REQUEST TO PURCHASE ONE UTILITY VEHICLE DATE: December 20, 2005 BACKGROUND- The FY 2005 -2006 operating budget provided funding for the purchase of three (3) police 4 -door sedans and one (1) utility vehicle. To date, for the fiscal year, the department has purchased three (3) police cruisers and is now requesting the purchase of a utility vehicle. Acquisition of this utility vehicle will be the third vehicle assigned to patrol, one away from the goal of having at least one four wheel drive vehicle per shift. The previous unit purchased is currently being outfitted and is soon to be deployed to the street. In searching for the best price, the department sought pricing from dealerships holding governmental agency contracts with the State of Oklahoma. Several dealerships in Oklahoma honor the State contract price on the 2006 Ford Expedition. If approved, this vehicle will be ordered immediately and should be delivered in February of 2006. The State contract for this vehicle, as previously stated, is offered by several vendors. The department chose United Ford of Tulsa because of their close proximately to Owasso. The cost for this vehicle is $25,498.00 which is the same price as the 2005 Ford Expedition. Standard on these vehicles is the three - year, 36,000 mile bumper -to- bumper warranty. QUEST: This request is for approval to purchase one 2006 Ford Expedition in the amount of $25,498.00 from United Ford of Tulsa, Oklahoma. FUNDING: Adequate funding for this purchase is available within the "Capital Outlay — Vehicles" line item of the Police Department budget (01 -201- 54500). RECOMMENDATION: Staff recommends Council approval of the purchase of one 2006 Ford Expedition in the amount of $25,498.00 from United Ford of Tulsa, Oklahoma. ATTACHMENTS 1. Bid from United Ford lt/ UO/ ZUt'JD . ' 91828a6137MMa 9182804MMFAX 918440-1639CUL UNtU HLNIKlNU t R ['gut bl/ bL .I ... 0 0 .v I Y',. ! !l �' b ,' n`.., �, ,tip �'+i, ,-'!:= .(�'[ "• `,'�<a� r.° •�I =�Iam1 ��I� :�% 4 • •R lij, ® 0 0 ® ® 0 0 ® 6 ® ® ® 0 d U2/ 02 Dealer: F52311 2006 EXPFDITION Page: 1 of I Orden No: 0001 Priority: A4 Ord FIN: Order Type: 5D Price Level: 625 Ord Code: 930A Cust/rlt Name: CITY OWASSO PO Nunber, RETAIL U16 4X4 XL T' 186 BLACK RN BOARDS .119" WHEELBASE 536 TRAILER TOW YZ OXFORD WBITF- CC SP DLit ACCT ADD F CLTA. CAPT CHAIR SP FLT ACCT CR E MED FLINT GREY 8 U.S. GAL GAS 930A ORDER CODE E14A NET INV FLT OPT NC .FLEET SPEC SERV DEST MD DELIV ,2ND ROW VINYL TOTAL BASE AND OPTIONS .17" STEEL WHEEL TOTAL -PREM STEREO CD *THIS IS NOT AN INVOICE* 995 -5>4L-3V SOHC V8 NC 44Q a4-SPD AUTO O/D SHIP-TOz 52F311 .2265 OWL A-T United Ford - North .3,73 LTD SLIP Tulsa, OK JOB #2 ORDER Fl=Help F2= Return to Order F3/FI2-Veh Ord Menu F4-Submit F5-Add to Library 5099 - PRESS F4 TO SUBMIT QC05201 k- -! w1 Oe, S9,q- LOU AAacr nc) M, � . .......... . Business Network, UNITED FORD FLEET CENTER 576 N Memorial orive, Tulsa, OK 74115 (916) 280-6137 Phone, (918) 2BO-6063 fax (81B) 809-6621 cell vwAv-unitedford.com. pherring(PLinitodauto.com GTeq Herring CotnnlorciafReetmanagot TO. HONORABLE MAYOR AND CITE' COUNCIL CITY OF OWASSO FROM- SHERRY BISHOP FINANCE DIRE, CTOR SUBJECT: ORDINANCE NO. 838 AUTHORIZATION FOR WORKER'S COMP IMPRES T ACCOUNT DATE- December 16, 2005 The City of Owasso has been self insured for Worker's Compensation insurance coverage since 1991 All expenditures for employee compensation, medical claims and settlements are paid directly by the City of Owasso. The City has a contract with United Safety and Claims for claims administration services. Among their services as our third -party administrator, is the review of all medical bills to determine if they are reasonable and payable under the Worker's Compensation law and do not exceed the allowed schedule of medical fees for treatment provided. Current city ordinances require that invoices or claims be presented to the governing body for approval (with some exceptions). Exceptions can only be made when there is an ordinance allowing the exception to be made, otherwise checks or payments cannot be issued until after approval of the claims list by the City Council. One of the services available and included in our contract with United Safety and Claims is for the preparation and issuance of checks for normal claims and settlements. Allowing our third -party administrator to pay our claims would not only reduce the amount of paperwork processed by staff, it would prevent invoices containing confidential medical information from being submitted to the Finance Department. In order for United Safety and Claims to pay our worker's compensation claims, an imprest account would need to be established. The imprest account would be a bank account in the City of Owasso's name with check signing authority given to United Safety and Claims. An initial balance of $50,000 would be established and funds would be replenished upon Council's approval of the claims list. Utilizing the services of United Safety and Claims to prepare and issue checks for worker's compensation claims would provide more timely payment of medical claims and relieve staff of a task over which we have little real control or oversight. Removing the direct payment process from the finance department and the City Council meeting agenda would also improve the security over confidential medical records. The payment, approval and replenishment process would be similar to that used for the petty cash imprest account as authorized in the current ordinance. Authorizing the third -party administrator to pay worker's compensation claims would require an amendment to the city ordinance. The City of Owasso Code of Ordinances, Part Seven, Chapter One provides processing methods for purchases and cash disbursements. Section 7109 is currently entitled "Petty Cash" and authorizes and defines the required procedures for establishment and reimbursement of petty cash imprest accounts. Ordinance No. 838 would amend Section 7-109 by changing the title to "Petty Cash and Imprest Accounts" and add subsection B, "Worker's Compensation Imprest Account." Subsection B authorizes the establishment of a worker's compensation imprest account with a balance not to exceed $50,000 and authorizes the contract third -party administrator to sign checks from the worker's compensation imprest account. Reimbursements to the worker's comp imprest balance would be included on the Claims List for approval by the City Council at Council meetings. Invoices for medical services and supplies would be maintained in confidential files in the Human Resources Department only and would not be included on the Council claims listing. Settlement of a Worker's Compensation claim exceeding $25,000 would continue to be presented to the City Council for approval as an item on the Council meeting agenda. Staff recommends City Council approval of Ordinance No. 838 amending Section 7 -109 providing for creation of a worker's compensation imprest account with administration and check signing authority by the contract third party administrator. Proposed Ordinance No. 838 City of Owasso Code of Ordinances Section 7 -109 (Current) L E ��3 � ' ? ; �. 9�� . �`+ j 3 � 3 !,1 `�, c.� � , ►, f i- {�� ' � 1 � �' ' ei '" ��i � i,3 ��' 3 E IT ORDAINED BY THE COUNCIL, OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT® SECTION ONE (1)o Part Seven, Finance and Taxation, Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: LXI A 1. As provided for in 11 O.S., Section 17 -102 (D) of the Oklahoma State Statutes, the municipality may have petty cash accounts for use in making certain small payments for costs incurred in operating the municipality. 2. Each petty cash account established shall require governing body approval, including the amount of the petty cash imprest balance. However, in no case should the imprest balance exceed $9,000. 3. The petty cash accounts shall be reimbursed by utilizing properly itemized invoices or petty cash voucher slips and by then processing the reimbursement in the manner used for payment of purchases of goods, services and capital as described in Section 7 -102. I . The workers' compensation imprest account shall require governing body approval, including the amount of the workers' compensation imprest balance. However, in no case should the workers' compensation imprest balance exceed $50,000. A third party administrator shall be authorized to administer and sign checks from the workers' compensation imprest account. 2. The workers' compensation imprest account shall be reimbursed by utilizing properly itemized invoices which will be maintained in the confidential Human Resources files, and by then processing the reimbursement in the manner used for payment of purchases of goods, services and capital as described in Section 7-102. SECTION THREE (3)e Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4)® Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of December, 2005. Sherry Bishop, City Clerk Julie Lombardi, City Attorney IN Craig Thoendel, Mayor (a) As provided for in 11 O.S., Section 17102 (D) of the Oklahoma Mate Statutes, the municipality may have petty cash accounts for use in making certain small payments for costs incurred in operating the municipality. (b) Each petty cash account established shall require governing body approval, including the amount of the petty cash imprest balance. However, in no case, should the imprest balance exceed $9,000. (c) The petty cash accounts shall be reimbursed by utilizing properly itemized invoices or petty cash voucher slips and by then processing the reimbursement in the manner used for payment of purchases of goods, services and capital as described in Section 7102. �,o 'Y lVI TO: a THE HONORABLE MAYOR. AND CITY COUNCIL CITY OF O WASSO FROM: g�.l A�g1� WORKS STAgGG, P.E. PUBLIC DIREC O . S JE T o SILVER CREEK DRAINAGE IMPROVEMENTS APPROVAL, OF CONDEMNATION PROCEDURES DATE: December 14, 2005 J BACKGROUND. In an effort to expedite the resolution of drainage issues impacting the "Silver Creek" development area, City Council approved a Development Agreement (see Attachment 13) between the City of Owasso and Tracy Construction Incorporated (developer) for the construction of a detention facility and drainage system to eliminate areas currently identified as susceptible to flooding. The Agreement set compensation at X600 000 foe° the purchase of Proem iy and "on- site" facilities. On December 6, 2005, Tracy Construction Incorporated submitted a written request for an additional $200,000 ($800,000 total) as compensation to furbish the land and construct drainage facilities. The developer claimed higher-than-anticipated construction costs and land area as reason for the request. As noted in the December 2, 2005 memorandum to Council (see Attachment A), all bids received for the construction of improvements set the City's Responsibility (or share of costs) at more than $600,000. To avoid further delay in the implementation of a solution, and following direction from City Council to reach an agreement, on December 7, 2005, staff again initiated discussions with the developer in an attempt to reduce construction costs and expedite construction without sacrificing the functionality of the drainage system. Unfortunately, as of December 15, 2005, staff reported that negotiations did not produce agreement for the purchase of property and "on- site" facilities. Silver Creek Drainage Improvements Development Agreement Page 2 of 2 0 SOLUTION 2005-22: At this point, staff believes that, in order to achieve any resolution to the drainage issues impacting the "Silver Creek" development area, Condemnation is the only available mechaism to obtain the needed property and property interests for the construction of planned drainage improvements by the City of Owasso. The City Attorney has reviewed the case and found the public purpose for the desired property and property interests to be unquestionable. Further, representatives of the City have offered to the landowners a fair price for the property and property interests on multiple occasions. Thus, following legal review, it was concluded that a resolution of necessity authorizing the institution and prosecution of a condemnation action to be appropriate. Staff recommends adoption of Resolution No. 2005 -22 resolving the necessity of instituting and prosecuting condemnation procedures to obtain permanent right-of-way and a temporary construction easement for the construction of the Silver Creek Drainage Improvements and authorizing the City Manager to take all actions necessary for condemnation of the subject property. ATTACHMENTS: A. City Council memorandum, December 2, 2005 B. Resolution 2005 ®22 TO`: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FRONT: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR SU JEGT- SILVER CREED DRAINAGE IMPROVEMENTS DEVELOPMENT AGREEMENT DATE: December 2, 2005 BACKGROUND: In effort to resolve drainage issues impacting the "Silver Creels" development area, in June 2005 City Council approved a Conceptual Development Agreement between the City of Owasso and Tracy Construction Inc. (developer) for the construction of a detention facility and drainage system to eliminate areas currently identified as susceptible to flooding. Under the provisions of the Agreement, the developer would be responsible for engineering design and construction of stormwater structures and facilities identified as "on- site ", or located within the property limits of the newly proposed residential development. These facilities would include the excavation and grading of a sufficiently large detention pond, pond outlet structure and associated piping, as well as a structure to convey the previously undetained flow from the Nottingham subdivision, to address existing and future drainage needs of the entire Silver Creels development area. The intent of the Conceptual Development Agreement was to define the level of participation of the two parties and act as a contract until a final development agreement could be approved. A final agreement could not be executed until final design and public bidding of the project was completed. SOLICITA'T'ION OF BIDS: Final design drawings were submitted to the City of Owasso for approval in October 2005. Notice to Bidders was published in the Owasso Reporter on October 18, 2005. Addendum No. 1 to this bid package, based on City review and comments, was issued on November 7. 2005. Five bids were received and opened at 2:00 PM CDT on November 10, 2005 as summarized below: Silver Creek Drainage Improvements Development Agreement Page 2 of 3 All Items Citv's Responsibility Yocham Enterprises $ 771,980.00 $ 656,605.00 Cherokee Construction $ 788,564.00 $ 684,439.00 Ira Green Construction $ 1,017,740.00 $ 863,365.00 W.N. Couch, Inc. $ 1,173,169.00 $ 990,657.00 Engineer's Estimate $ 590,000.00 It is worth noting that per the Conceptual Agreement, the City's responsibility is limited to $600,000 for the construction of all on -site improvements and property as compensation. Sums noted under the "City's Responsibility" represent costs provided for the construction of facilities and acquisition of property identified as necessary to remediate deficiencies in the existing drainage system owned by the City of Owasso. In other words, in the absence of the Conceptual Agreement, the City's financial obligation to Tracy Construction, Inc. for any of the bids submitted would have been greater than the previously agreed to sum of $600,000. DEVELOPMENT AGREEMENT: Similar to the previously executed conceptual agreement, the recommended Development Agreement (see Attachment B) sets compensation at $600,000 for the purchase of property and "on -site" facilitates. Additional provisions of the Agreement include: Compliance with all statutory and charter bidding requirements; Submittal of progress payment requests based on a schedule of value mutually approved; Purchase of materials by the City to be used for "remediation" purposes in the project; Acceptance of a "five and five" foot side yard for new development. The City Attorney has reviewed this Agreement and found it acceptable. i R 1 \ ,. Funding for this project in the amount of $400,000 is included in the FY 2005 -2006 Stormwater Division Capital Outlay Budget (line item 01- 370 - 54230) and in the amount of $750,000 in the Capital Improvements Fund. Silver Creek Drainage Improvements Development Agreement Page 3 of 3 RECOMMENDATION: Staff recommends Council approval of the Development Agreement with Tracy Construction, Inc. in the amount of $600,000 and authorization of the City Manager to execute such Agreement. ATTACHMENTS, ENTS A. Development Agreement FIR 11,/ITI�l7�]T►It�11h "� .0�3 ilh�Ll01► t�Y This Development Agreement ( "Agreement ") is made and entered into effective as of December 6, 2005 by and between the CITY OF OWASSO ( "City ") and TRACY CONSTRUCTION, INCORPORATED, an Oklahoma Corporation ( "Tracy "). a � A. Tracy owns or will acquire ownership of property consisting of approximately 48 acres located generally north and west of the intersection of North 145"' East Avenue and East 86th Street North. B. The City desires to construct certain improvements to its drainage and stormwater facilities and to construct additional detention facilities for stormwater on the property described in Recital A (above). Ca Tracy agrees to provide the property needed to accommodate the planned detention facility, construct the on -site improvements for such as designed by Kellogg Engineering, Inc. (Exhibit A) and approved by the City's engineer, such construction completed in a timely manner consistent with accepted standards. D. Tracy agrees to award a contract for such improvements in strict compliance with all statutory and charter bidding requirements and provide review of such compliance to City officials as designated by the City Manager. Ea City agrees to pay Tracy the amount of $600,000 for the construction of such improvements and property as compensation. Such payment to be made based on documented progress of project completed on a monthly basis and on a schedule of values mutually approved. Additionally, a ten (10) percent retainage shall be held by the City as surety for completion of the project as designed. F. The City staff will recommend acceptance of a "five and five" foot side yard for all lots in the proposed Silver Creek VI subdivision. G. The City agrees to purchase all materials used for "remediation" purposes in the project. The cost of such purchases shall be calculated and DEDUCTED from the lump sum amount shown in Recital E (above). It is understood that this section of the agreement does not extend to the purchase of any materials to be used for improvements not a part of the identified on -site mediation only projects. H. Tracy shall provide, at Tracy's expense, the required performance and maintenance bonds from its contractors and subcontractors, provided however, no bonding requirements are attached to the earthwork associated with the excavating and /or grading portion of the project. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to he effective on the day of December, 2005. "TRACY" Tracy Construction, Incorporated 0 "CITY" CITY of Owasso, Oklahoma By: Attest: Sherry Bishop, City Clerk Rodney J Ray, City Manager RTTACHMENT RE SOLUTION NO. 2005-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OIL INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT RIGHT -OF -WAY AND TEMPORARY CONSTRUCTION EASEMENT WHERE, AS, The City of Owasso, by and through officers and agents thereof, has endeavored to obtain Pcrrnanent Right- of-Way and a Temporary Construction Easement, deemed necessary for the construction of Silver Creek Drainage Improvements from Tracy Construction Incorporated; and, WHEREAS, In connection with such efforts to obtain the needed Permanent Right -of -Way and Temporary Construction Easement consensually, the City of Owasso, by and through officers and agents thereof, has made bona fide good faith offers to purchase same; and, WHEREAS, The above - referred landowners have rejected such offers and by reason thereof Condemnation proceedings as provided for under the Constitution and Statutes of the State of Oklahoma are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings against Tracy Construction Incorporated to obtain the necessary Permanent Right - of -Way and Temporary Construction Easement as set forth in Exhibit "A" hereto as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED AND ADOPTED this 20"' day of December, 2005, by the City Council of the City of Owasso, Oklahoma. Craig Thoendel, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie Lombardi, City Attorney ° 1� \ m i z « «7 F - nul ... y. T: Please print your name if you desire to address the Council on an agenda item. rU, "k,", S, 1" -, "i e Otc, i, "i ""e 0 9. 10. 11. 12. NIN CORNER OF SE/4 OF SECTION T-21–N, R-1 ew ,C O, OF E , XHIBIT A OF CITY OF OWASSO, OK. SILVER CREEK ADDITION LINE TABLE: LINE SEARING –W DISTANCE Ll 90'0000 E 223.49- Q S 34'1505 E —5054 L3 S 38'1505- E 65.19' L4 S 3545'33 * E 66.76' L5 S 61"18'06 E 85.55' L6 S 50'33 —48E al.." U S 3542&55 E 342&610 LS S 51*39,12, w 190m, L9 N 81'20 48 W 150.00 , LIS . 36'3912 125,00' LI! a 11'3912 W 900.00 ' L12 S 66'3912• W 80m, L13 S 11'2211 E 310.30, L14 N 78`44'13- r 229.62' L15 S 11'1547' E 327.54' LIS S 54"5711 E 179.34! L17 N 09-01'26- E 254A4! LIS N 44'53*37' IN 288o66* – LIS A 4506'23 ' E 235.23' L20 N 0`09 :�3 8 E 39.42' LTI N W07 10—E 413.15- L22 N 8752'50' W 40.97' r L23 N 3542 55• W 299.26- FL-24 –N-303348 IN 92.14' IF= 7r-61-1806 IN 87.72' F L26 35'4533 W 5675 r L27 N 36-1505- W 34.60 1 L28 N 34'I5'05—W 71,11' N Do W 243.89 , Lao S ,!s Associates, Inc. 1— - 7061 1 PROJECT / R 14 E LOCA17ON MAP OWNER: TRACY CONSTRUCTION, INC. ENGMER: MESHEK & ASSOCIATES 20 W. 2nd S7 SAND SPRINGS. OK. 74063 E Ste:— S Property Description According to the recorded deed: A tract of land in the Southeast Quarter of the Northeast Quarter (SE' /4 of NE' /4) and the East _half of the Southeast Quarter (E' /2 of SE' /4) of Section Twenty one (21), Township Twenty-one North (T21N), Range Fourteen East (R14E) of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Surrey thereof, described as follows, to -wit: Commencing at iron pin found at Southeast Corner of said Section Twenty-one (21); Thence N 89 degrees 46' 48" W a distance of 497.29 feet to the Point of Beginning; Thence N 89 degrees 46' 48" W a distance of 61.71 feet to the East boundary line of THE BRADFORDS OF SILVER CREED ADDITION, Thence along the said East boundary line the following calls: Thence N 00 degrees 00' 00" E a distance of 60.00 feet; Thence N 23 degrees 23' 27" W a distance of 181.34 feet; Thence N 11 degrees 53' 01" E a distance of 18 8.3 1 feet; Thence N 84 degrees 29' 05" E a distance of 65.79 feet; Thence N 00 degrees 00' 12" W a distance of 37.84 feet; Thence N 29 degrees 33' 24" W a distance of 117.76 feet; Thence N 40 degrees 36' 58" W a distance of 52.10 feet; Thence N 02 degrees 10' 09" W a distance of 400.01 feet; Thence N 04 degrees 26' 38" W a distance of 272.36 feet; Thence N 54 degrees 57' 11" W a distance of 179.34 feet; Thence S 75 degrees 15' 08" W a distance of 232.11 feet to a point on the East boundary line of THE WILLOWS OF SILKIER CREEK ADDITION; S:A03TC001\EASEMENTS \Legal Descriptions \12.A__EXHIQIT 8__Loc3al Description.doc Thence along the East boundary line of THE WILLOWS OF SILVER CREEK ADDITION the following calls: Thence N I I degrees 22' 10 W a distance of 647.69 feet; Thence N 66 degrees 39' 12" E a distance of 80.00 feet; Thence N 1 1 degrees 39' 12" E a distance of 100 feet; 'Thence N 36 degrees 39' 12" E a distance of 125.00 feet; Thence S 81 degrees 20' 48" E a distance of 150.00 feet; Thence N 51 degrees 39' 12" E a distance of 190.00 feet; Thence N 33 degrees 42' 55" W a distance of 342.61 feet; Thence N 30 degrees 33' 48" W a distance of 8 1. 01 feet; Thence N 61 degrees 16' 06" W a distance of 85.55 feet; Thence N 35 degrees 45' 33" W a distance of 66.76 feet; Thence N 36 degrees 15' 05" W a distance of 65.19 feet; Thence N 34 degrees 15' 05" W a distance of 50.54 feet; Thence N 90 degrees 00'00" W a distance of 223.49 feet to a point on the West line of the SWi /4 of the SE1 /4 of the NE' /4; Thence N 00 degrees 02' 00" E along said West line a distance of 490.88 feet to the Northwest comer of said SW' /4 of the SE' /4 of the NEl /4; Thence S 89 degrees 58' 28" E along the North line of said SW' /4 of the SE 1/4 of the NE' /4 a distance of 662.56 feet to the Southwest corner of the NE' /4 of the SE' /4 of the NE '/4; Thence N 00 degrees 01' 32" East along the West line of said NE' /4 of the SE %4 of the NE' /4 a distance of 661.33 feet to the Northwest corner of said NE 1/4 of the SE' /4 of the NE1 /4; Thence N 89 degrees 59' 11" E along the North line of said NE 1/4 of the SE' /4 of the NE' /4 a distance of 662.47 feet to the Northeast corner of said NE' /4 of the SE' /4 of the NE' /4; Thence S 00 degrees 01' 04" W along the East line of said Section Twenty -one (21) a distance of 3517.84 feet; Thence N 89 degrees 46' 48" W a distance of 375.44 feet; 'thence S 45 degrees 01' 04" W a distance of 172.32 feet; SA03TC001 \EASEMENTS \Legal Descriptions \12.A._GXt- IIBIT B_Legal Description.doc Thence S 00 degrees 01' 04" W a distance of 330.72 feet to the POINT OF BEGINNING. LESS AND EXCEPT a tract of land being the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter (NE '/4 of SE' /4 of NE '/4 of SE' /a); and, the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter (SE '/4 of` NE '/4 of NE '/4 of SE %4); and the East 12.5 feet of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter (SW '/4 of NE ''/4 of NE '/4 of SE' /4); and the East 12.5 feet of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter (NW '/4 of SE' /4 ofNE' /a of SE '/4); All in Section Twenty-one (21), Township Twenty-one North (T21N), Range Fourteen East (R14E) of the Indian Ease and Meridian, Tulsa County, State of Oklahoma according to the U.S. Government Survey thereof. LESS AND EXCEPT a tract of land in the East half of the Southeast Quarter (E %Z of SE' /4) of Section Twenty -one (21), Township Twenty -one North (T21N), Range Fourteen East (R14E) of the Indian Ease and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, described as follows: Commencing at iron pin found at Southeast corner of said Section Twenty -one (21); Thence N 89 degrees 46' 48" W a distance of 497.29 feet to the Point of Beginning; Thence N 89 degrees 46' 48" W a distance of 61.71 feet to the East boundary line of THE BRADFORDS OF SILVER CREED ADDITION; Thence along the said East boundary line the following call: Thence N 00 degrees 00' 00" E a distance of 60.00 feet; Thence N 23 degrees 23' 27" W a distance of 181.34 feet; Thence N I 1 degrees 53' 01" E a distance of 18 8.3 1 feet; Thence N 84 degrees 29' 05" E a distance of 65.79 feet; Thence N 00 degrees 00'12" W a distance of 37.84 feet; Thence N 29 degrees 33' 24" W a distance of 117.76 feet; Thence N 40 degrees 36' 58" W a distance of 52.10 feet; Thence N 02 degrees 10' 09" W a distance of 400.01 feet; S: \03TG001 \EASEMEN`fS \Logal Descriptions \12.A_ EXHIBIT Bjegal Doscription.doc Thence N 04 degrees 26' 38" W a distance of 272.36 feet; Thence N 09 degrees 17' 25" E a distance of 254.14 feet; [,hence N 45 degrees 00' 00" E a distance of 189.96 feet; Thence S 89 degrees 52' 52" E a distance of 481.43 feet; "thence S 00 degrees 01' 04" W along the East line of said Section Twenty-one (21) a distance of 1201.47 feet; "thence N 89 degrees 46' 48" W a distance of 375.44 feet; Thence S 45 degrees 01' 04" W a distance of 172.32 feet; Thence S 00 degrees 01' 04" W a distance of 330.72 feet to the POINT OF BEGINNING. A tract of land in the Southeast Quarter of the Northeast Quarter (SE' /4 of NE '/4) and the East Half of the Southeast Quarter (E % of SE' /4)of Section Twenty -one (21), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Ease and Meridian (I. B. & M.) Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing at the SE corner of Sec. 21, T -21 -N, R -14 -E, I. B.& M; Thence N 89° 46' 48" W along the South line of said Sec. 21 a distance of 559.00 feet; Thence N 00° 00' 00" E a distance of 60.00 feet to the SE corner of Lot 5 of Block 1 of `The Bradfords of Silver Creek' Addition; Thence along the boundary of said `The Bradfords of Silver Creek', until otherwise noted, N 23° 23' 27" W a distance of 181.34 feet; Thence N 11° 53' 01" E a distance of 188.31 feet; Thence N 84° 29' 05" E a distance 65.79 feet; Thence N 00° 00' 12" W a distance 37.84 feet; Thence N 29° 33' 24" W a distance of 117.76 feet; Thence N 40° 36' 58" W a distance of 52.10 feet; Thence N 02° 10' 09" W a distance of 400.01 feet; Thence N 04° 26' 38" W a distance of 272.36 feet to the Point of Beginning; "Thence N 54° 57' 11" W a distance of 179.34 feet; S: \03TCQ0I \BASE MENTS\t_egal Descriptions \i2.A_EXNI BIT B_,Leg<al Description.doc Thence S 75° 15' 08" W a distance of 232.11 feet to the SL corner of Lot 1 of Block I of `The Willows of Silver Creek' Addition; Thence leaving said boundary of `The Bradfords of Silver Creek' and along the boundary of said `The Willows of Silver Creels' until otherwise noted, N I P 22' 10" W a distance of 647.69 feet; Thence N 66° 39' 1299 E a distance of 80.00 feet; Thence N 11° 39' 12" E a distance of 100.00 feet; Thence N 36° 39' 12" E a distance of 125.00 feet; Thence S 81' 20' 48" E a distance of 150.00 feet; Thence N 51 ° 39' 12" E a distance of 190.00 feet; Thence N 33° 42' 55" W a distance of 342.61 feet; Thence N 30° 33' 48" W a distance of 81.01 feet; Thence N 61' 16' 06" W a distance of 85.55 feet; Thence N 35° 45' 33" W a distance of 66.76 feet; Thence N 36° 15' 05" W a distance of 65.19 feet; Thence N 34° 15' 05" W a distance of 50.54 feet; Thence N 90° 00' 00" W a distance of 223.70 feet to a point on the West boundary of the SW' /4 of SE' /a of NE' /a of said Sec. 21; Thence leaving said boundary of 'The Willows of Silver Creels' N 000 03' 2099 E a distance of 490.91 feet to the NW corner of said SW1 /4 of SE' /4 of NE %4; Thence S 89° 57' 54" E a distance of 662.40 Feet to the SW corner of NEi /4 of SE' /4 of NE' /4 of said Sec.21; Thence N 00° 03' 05 E a distance of 661.24 feet to the NW cornet- of said NE 1/4 of SE' /4 of NE 1/4; Thence N 89° 59' 51" E a distance of 662.35 feet to the NE corner of said NE' /4 of SE' /4 of NE 1/4; Thence S 00° 02' 50" W a distance of 1323.35 feet to the SE corner of the NE' /4 of said Sec.21; SA03TC001 \EASEMENTS \Loga1 Descriptions \12.A_EXFIIBIT B_Legal Description.doc Thence S 00° 00' 21" W a distance of 330.90 feet to the SE corner of the NE' /a of NE' /4 of N1`' /n of SL' /4 of said Sec.21; "I,hence N 89° 54 28" W along the South boundary of said NE' /4 of NE' /4 of NE' /4 of SE '/4 a distance of 343.76 feet; Thence S 00° 00' 47" W a distance of 661.74 feet to the boundary of 'The Village of Silver Creek' Addition; Thence along said boundary of `The Village of Silver Creek,' until otherwise noted, N 89° 52' 52" W a distance of 135.95 feet; Thence S 45° 00' 0099 W a distance of 189.96 feet; Thence S 09° 17' 25" W a distance of 254.14 feet to the Point of Beginning, and containing 49.01 acres, more or less. Easement Description portion above described Said easement is described as follows to -wit: Commencing at the NW corner of the SE quarter of T-21 -N, R-1 4-E f the Indian Base and Meridian; thence S89'-56'-12"E a feet along the north line of Lots 8 through 15 of Block 7o duly recorded plat of the Willows the City of Owasso, Thence I0 ,_ .. r distance of 170.00 ! and 17 of said Block 7 to the POINT O, BEGINNING; • thence S34'- 15' ®05 "E a distance of 50.54 feet along the northeasterly line of said Block 7; thence S360®15'05 "E a distance of 65.19 feet along the northeasterly line of said Block 7; thence S350®45' ®33 "E a distance of 66.76 feet along the northeasterly line of said Block 7; thence S61 ° ®18' ®06 "E a distance of 85.55 feet along the northeasterly line of said block 7; thence S300®33' ®48 "E a distance of 81.01 feet along the northeasterly line of said Block 7; thence S330®42'55 "E a distance of 342.61 feet along the northeasterly line of Block 5 of said Willows of Silver Creek addition; thence S510-39'-12"W a distance of 190.00 feet along the southeasterly line of said Block �� = the northern most corner of Lot 27, Block 2 of the Bradfords of Silver Creek, an addition to the Cih/��(]VV@0S _ / ' � � thence S540-57'-1 1 "E a distance of 179.34 feet along the northeasterly line of said Block 2. said point being a common corner with The Village of Silver Creek 1, an addition to the City of Owasso; thence N09'-01'-26"E a distance of 254.14 feet along the west line of Lots 10 through 13 of 9.111"601100 ZEN! 111011111=01111TSW-M 1111:0 thence N35'-45'-33"W a distance of 56.75 feet; thence N34"-1 5'-05"W a distance of 79.60 feet; S:K0TCOO1\EA8EMENT8Vegn|DoxohFmons\1x./Lsxn BIT R_Lvgu|ovornpuon.uoo t of Nottingham Estates V, an addition to the City of Owasso; thence SOOO-00'-00"W, alorFg said East line of Block 2 a distance of 50.00 feet t® the POINT OF BEGINNING, containing 1, William T. Meshek, certify that the attached legal description closes in accord with txisting records, is a true representation of the real property as described and meets the minimum technical standards for land surveying of the State of Oklahoma. / Z - / '/ - Z- Gate William T. Meshek Oklahoma P.L.S. N®. 1287 State of Oklahoma Certificate of Authorization No. CA 1487 Expiration date 09/30/2006 S:\03TC001\EASEMENTS\Lega1 Descriptions\12A EXHIBIT B_Lagal Description.doc �/ FIAM T. K S 7 8 . Ur2 f J AIN i - i