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Home My WebLink About2005.10.04_City Council Agenda S :\Agendas\CounciI\2005\ 1 004, doc 5. Presentation of the Character Trait of Patience Dale Blackwood, Owasso Character Council 4. Roll Call 3. Flag Salute 2. Invocation David Langley, Gospel Light Baptist Church 1. Call to Order Mayor Craig Thoendel AGENDA Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, September 30, 2005. / -"")) .''^ I',/_~'___ "/" ) '"" . _, . ,-- . }/f)'. L ,C O)A L '\ j /; l "lJ/ll~CI t2~/ /j Juliann M. Stevens, Admin~st:fative Assistant I' .,,' L/ Regular October 4, 2005 6:30 p.m. Council Chambers, Old Central Building 109 N. Birch TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL S :\AgendaslCounciI\200511 004 ,doc Staff will recommend Council approval of Ordinance No. 828 and has listed this item in the consent section of the agenda based on Council actions taken September 20, 2005 to approve the easement closure request. D. Approval of Ordinance No. 828, an ordinance approving of an easement closure of 70.41 square feet ofa 10' utility easement located on the north side of Lot 5 Block 11 as shown on the filed plat of the Elm Creek Estates First Addition. Attachment # 7-D Staff will recommend Council approval and authorization for payment of a comi ordered workers' compensation settlement to the claimant and the Oklahoma Tax Commission Worker's Compensation Court. C. Approval and authorization for payment of a court ordered workers' compensation settlement in the total amount of $35,640; and, approval and authorization for payment of $1,055.10 payable to the Oklahoma Tax Commission and Workers' Compensation Court for taxes and comi fees associated with the comi ordered workers' compensation settlement. Attachment # 7-C B. Approval of Claims. Attachment # 7-B A, Approval of Minutes of the September 20, 2005 Regular Meeting. Attachment # 7-A 7. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. Mr. Ray will introduce the Employee of the Month for October 2005. 6. Presentation of Employee of the Month. Mr. Ray Owasso City Council October 4, 2005 Page 2 S :\AgendasICounciI\2005\1 004 ,doc Staff will recommend Council approval of the 11946 CDBG FY 05 Contract between the City of Owasso and the Oklahoma Depmiment of Commerce for the Three Lakes Village Street Improvement Program, and authorization of the Mayor to execute all related documents. 8. Consideration and appropriate action relating to a request for Council approval of the 11946 Community Development Block Grant (CDBG) FY 2005 Contract with the Oklahoma Depmiment of Commerce and authorization of the Mayor to execute all related documents. Mr. Wiles Attachment #8 Staff will recommend Council approval of Ordinance No.830 and has listed this item in the consent section of the agenda based on Council actions taken September 20, 2005 to approve the rezoning request. F. Approval of Ordinance No. 830, an ordinance approving rezoning request 02 05-08, containing approximately 40 acres, more or less, located on the northeast corner of E. 106th Street North and N. 129th East Avenue, from AG (Agriculture District) to CS (Commercial Shopping District). Attachment # 7- F Staff will recommend Council approval of Ordinance No. 829 and has listed this item in the consent section of the agenda based on Council actions taken September 20, 2005 to approve the rezoning request. Eo Approval of Ordinance No. 829, an ordinance approving rezoning request 02 05-07, containing approximately 87 acres, more or less, located on the southwest corner ofN. Mingo Road and E. 96th Street North, from AG (Agriculture District) to RS-2 (Residential Single Family). Attachment # 7-E Owasso City Council October 4, 2005 Page 3 S :\Agendas\Council\2005\ 1 004 ,doc Staff will recommend Council approve documents, prepared by INCOG, finding no significant impact on the environment as a result of the 11946 CDBG FY 05 Three Lakes Village Street Improvement Program, and authorize the Mayor to execute the Celiification of Continued Environmental Compliance. 11. Action relating to a request for Council approval of a document prepared by INCOG finding no significant impact on the environment as a result of the 11946 CDBG FY 05 Three Lakes Village Street Improvement Program, and authorization of the Mayor to execute the Certification of Continued Environmental Compliance. Mr. Wiles Attachment #8 Staff will recommend Council authorize the designation of the Mayor as the City's celiifying official for all documents required by the CDBG grant. 10. Action relating to a request for Council authorization to designate the Mayor as the certifying official, under the National Environmental Policy Act, to assume overall responsibility for the environmental review process relating to the 11946 CDBG FY 05 Three Lakes Village Street Improvement Grant for the construction of street improvements. Mr. Wiles Attachment #8 Staff will recommend Council approve an agreement between the City of Owasso and INCOG for the purpose of administration services relating to the 11946 CDBG FY 2005 Three Lakes Village Street Improvements Grant. 9. Consideration and appropriate action relating to a request for Council approval of an Administrative Agreement between the City of Owasso and INCOG for the administration of the 11946 CDBG FY 05 Three Lakes Village Street Improvements Grant. Mr. Wiles Attachment #8 Owasso City Council October 4, 2005 Page 4 S :\Agendas\CounciI\2005\ 1 004, doc Staff will recommend Council approval of Resolution No. 2005-14. 14. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2005-14, a resolution committing up to a total amount of $161,773.45 towards the 11946 CDBG FY 05 Three Lakes Village Street Improvement Program. Mr. Wiles Attachment #8 Staff will recommend Council adopt the Antidisplacement Plan for the 11946 CDBG FY 05 Three Lakes Village Street Improvement Program and authorize the Mayor to execute all related documents. 13. Action relating to a request for Council adoption of an Antidisplacement Plan for the 11946 CDBG FY 05 Three Lakes Village Street Improvement Program and authorization of the Mayor to execute all necessary documents. Mr. Wiles Attachment #8 Staff will recommend Council authorize the Mayor to execute the Environmental Celiificate and Request for Release of Funds. 12. Action relating to a request for Council authorization of the Mayor to execute the Environmental Celiificate and the Request for Release of Funds as required by the 11946 CDBG FY 05 CDBG Grant process. Mr. Wiles Attachment #8 Owasso City Council October 4, 2005 Page 5 S :\AgendaslCounciI\200511 004,doc 19. Adjournment. 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 17. RepOli from City Councilors. 16. RepOli from City Attorney. 15. Report from City Manager. Owasso City Council October 4, 2005 Page 6 Mayor Thoendel introduced Reverend Ascol and his family and read a proclamation proclaiming September 25, 2005 as Bethel Baptist Church Day in the City of Owasso and offering the appreciation and congratulations of the City Council and the citizens of Owasso as Bethel Baptist Church celebrates their fiftieth year. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney A quorum was declared present. ABSENT PRESENT Craig Thoendel, Mayor Steve Cataudella, Vice Mayor Brent Colgan, Councilor Wayne Guevara, Councilor Susan Kimball, Councilor ROLL CALL ITEM 4. Councilor Brent Colgan led the flag salute. FLAG SALUTE ITEM 3. The invocation was offered by Reverend Bill Ascol, Bethel Baptist Church. INVOCATION ITEM 2. The meeting was called to order at 6:30 p.m. CALL TO ORDER ITEM 1. The Owasso City Council met in regular session on Tuesday, September 20, 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, September 16,2005. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 20, 2005 2 Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Mr. Colgan moved, seconded by Mr. Cataudella, for Council confilmation of these appointments. Erik Miller, Vision 2025 Watchdog Committee Mathew Robelis, Owasso Sales Tax Watchdog Committee (Member at Large) Randy Cowling, Owasso Sales Tax Watchdog Committee (Media Representative) Susan Kimball, INCOG Board of Directors Mayor Thoendel recommended the following appointments: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS ITEM 6. Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Ms. Kimball moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $111,712.28, self-insurance medical claims & fees totaling $36,587.19 and payroll claims totaling $334,356.96. D. Approval of the Smith Farm Marketplace water line extension, sanitary sewer line extension, street improvements, and storm drainage system improvements. Approval of Ordinance No. 827, an ordinance approving the closure of utility easements located within the Ator Center, located at the nOlihwest corner of the intersection of East 86th Street North and North Garnett Road. B. Approval of Claims. A. Approval of Minutes of the September 6, 2005 Regular Meeting and the September 13,2005 Special Meeting. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA ITEM 5. September 20, 2005 Owasso City Council 3 Motion passed 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Mr. Colgan then moved to deny the amendment to the 2015 Land Use Master Plan, seconded by Mr. Cataudella. Motion failed 2-3. YEA: Kimball, Thoendel NA Y: Cataudella, Colgan, Guevara After considerable discussion by the Council, Ms. Kimball moved to table Item 8 for 30 days for City staff to provide Council with additional time to review request and conduct meeting between landowner and surrounding propeliy owners. The motion was seconded by Mr. Thoendel. Mr. McCulley presented the item. Addressing the Council to speak against the amendment to the 2015 Land Use Master Plan were Mr. Mike Henley, Mr. Greg Williston, Ms. Katie Williston, and Mr. Jerry Long. Responding for the applicant was Mr. Robert Buss. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE 2015 LAND USE MASTER PLAN ITEM 8. Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of annexation request OA 05-07. Subject property is located on the southeast corner of East 121 st Street N Olih and Garnett Road, consisting of 5 acres, more or less. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 05- 07 ITEM 7. September 20, 2005 Ovvasso City Council 4 Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval of an easement closure of 70.41 square feet of a 10' utility easement located on the nOlih side of Lot 5 Block 11 as shown on the filed plat of the Elm Creek Estates First Addition. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A UTILITY EASEMENT CLOSURE Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of Rezoning Request OZ 05-08 from AG (Agriculture District) to CS (Commercial Shopping District). Subject propeliy is located on the northeast corner of East 106th Street North and North 129th East Avenue, consisting of approximately 40 acres, more or less. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 05-08 Motion carried 5..0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council approval of Rezoning Request OZ 05-07 from AG (Agriculture District) to RS-2 (Residential Single Family). Subject property is located on the southwest corner of Mingo Road and East 96th Street North, consisting of approximately 87 acres, more or less. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 05-07 ITEM 9. September 20, 2005 Owasso City Council 5 Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Ms. Stagg presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of Resolution No. 2005-12, a resolution authorizing the Mayor to execute a Project Agreement and Maintenance Agreement between the City of Owasso and the Oklahoma Department of Transportation for the purposes of installation and maintaining the traffic signalization at the U.S. Highway 169 and State Highway 20 interchange. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2005-12 Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Ms. Stagg presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council approval of an agreement between the Oklahoma Depmiment of Transportation and the City of Owasso for the purpose of installing traffic signalization at the U.S. Highway 169 and State Highway 20 interchange. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF A PROJECT AGREEMENT BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO FOR THE INSTALLATION OF TRAFFIC SIGNALIZATION AT THE U.S. HIGHWAY 169 AND STATE HIGHWAY 20 INTERCHANGE AS PART OF THE STATE HIGHWAY 20 WIDENING PROJECT NO. STPY-072B(421), JOB PIECE NO. 09482(04) Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval of the Garrett Creek Center Phase II Final Plat, located on the southwest corner of East 116th Street NOlih and the Owasso Expressway. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE GARRETT CREEK CENTER PHASE II FINAL PLAT September 20, 2005 Owasso City Council 6 ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A 2006 HIGHWAY SAFETY GRANT; AND AUTHORIZATION OF THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF OW ASSO AND THE OKLAHOMA HIGHWAY SAFETY OFFICE; AND AN AMENDMENT TO THE GENERAL FUND'S POLICE SERVICES BUDGET, WHEREIN ESTIMATED REVENUES ARE INCREASED AND A SUPPLEMENTAL APPROPRIATION IS AUTHORIZED Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Chief Yancey presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, for Council acceptance of a grant from the Department of Justice Bulletproof Vest Partnership Program in the amount of $2,880.00; and approval of an amendment to the FY 2005-2006 General Fund's Police Services Budget increasing revenues by $2,880.00 and a supplemental appropriation increasing expenditures in the amount of $2,880.00. ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT AND AN AMENDMENT TO THE GENERAL FUND'S POLICE SERVICES BUDGET, WHEREIN ESTIMATED REVENUES ARE INCREASED AND A SUPPLEMENTAL APPROPRIATION IS AUTHORIZED Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Chief Yancey presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council acceptance of a Cherokee Nation Grant from the Cherokee Nation Tribal Council in the amount of $5,000.00; and approval of an amendment to the FY 2005-2006 General Fund's Police Services Budget increasing revenues by $5,000.00 and a supplemental appropriation increasing expenditures in the amount of $5,000.00. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A CHEROKEE NATION GRANT AND AN AMENDMENT TO THE GENERAL FUND'S POLICE SERVICES BUDGET, WHEREIN ESTIMATED REVENUES ARE INCREASED AND A SUPPLEMENTAL APPROPRIATION IS AUTHORIZED September 20, 2005 Owasso City Council 7 Motion carried 5 -0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Ms. Bishop presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of a budget amendment increasing General Fund estimated available fund balance by $990,000.00 and appropriation for expenditures by $818,319.00; and increasing the Fire Capital Fund appropriation for expenditures by $8,644.00; and increasing the Ambulance Capital Fund appropriation for expenditures by $212,350.00. ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO CARRY OVER UNEXPENDED FUNDS FROM THE FY 2004-2005 BUDGET TO THE FY 2005-2006 BUDGET Motion canied 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Ms. Bishop presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of a supplemental appropriation increasing expenditures in the Emergency Siren Fund by $8,000.00. ITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE EMERGENCY SIREN FUND Motion carried 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Mr. Chambliss presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council acceptance of a grant from the Oklahoma Highway Safety Office 2006 Highway Safety Program in the amount of $40,000.00; and authorization of the Mayor to execute a contract between the City of Owasso and the Oklahoma Highway Safety Office for management of the grant; and approval of an amendment to the FY 2005-2006 General Fund's Police Services Budget increasing revenues by $40,000.00 and a supplemental appropriation increasing expenditures in the amount of $40,000.00. September 20, 2005 Owasso City Council 8 Motion canied 5-0 and the meeting was adjourned at 8:10 p.m. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NA Y: None Mr. Colgan moved, seconded by Ms. Kimball, to adjourn. ITEM 25. ADJOURNMENT None ITEM 24. NEW BUSINESS None ITEM 23. REPORT FROM CITY COUNCILORS None ITEM 22. REPORT FROM CITY ATTORNEY Chief Yancey introduced the newest members of the Owasso Police Department, Officers Jarod Mitchell, Lloyd Hudson, Greg Hunt and Tracee Rathbone. Mr. Ray introduced Councilor Guevara's daughter who was in the audience. ITEM 21. REPORT FROM CITY MANAGER Motion canied 5-0. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Mr. Ray presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council approval of Resolution No. 2005~13, a resolution designating the East 86th Street NOlih Widening Project from U.S. Highway 75 to Main Street, Owasso, as the City of Owasso's priority for "4-to-Fix the County" funding and that such project be recommended to the Tulsa County Board of Commissioners for priority funding from proceeds of any extension of the '4- to-Fix the County" Sales Tax Capital Financing Program. ITEM 20. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2005-13 September 20, 2005 Owasso City Council 9 Pat Fry, Minute Clerk Craig Thoendel, Mayor September 20, 2005 Owasso City Council CITY OF OWASSO CLAIMS TO BE PAID 10/04/05 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH DEPOSIT REFUND 40.00 SIMMONS HOMES PERMIT REFUND 5.50 TRADITION HOMES PERMIT REFUND 542.50 REFUND TOTAL 588.00 LAW ENFORCEMENT SYSTEMS CITATION BOOKS 965.00 OFFICE DEPOT OFFICE SUPPLIES 220.30 MUNICIPAL COURT DEPT TOTAL TREASURER PETTY CASH MEETING EXPENSE 52.57 WAL-MART COMMUNITY PROCLAMATION RIBBON 1.21 OFFICE DEPOT OFFICE SUPPLIES 13.10 CARD CENTER VEHICLE LUBE/WASH-CITY MGR 119.99 GREENWOOD PERFORMANCE SYSTEMS SEM I NAR-LOM BARDI/STEVENS 1,590.00 TREASURER PETTY CASH OML CONFERENCE PARKING-ROONEY 3.00 CARD CENTER TRAVEL-RAY 176.51 TREASURER PETTY CASH COUNCIL WORK SESSION 112.48 WEST PAYMENT CENTER MONTHLY CHARGES 418.00 ROGERS COUNTY CLERK ORDINANCE FILING FEE 17.00 CHARNEY, BUSS, & WILLIAMS LEGAL RESEARCH 1,051.13 THE OKLAHOMA ACADEMY ANNUAL MEETING 150.00 COUNTRYSIDE FLOWERS & GIFTS FLORAL ARRANGEMENTS-FUNERAL 102.95 MANAGERIAL DEPT TOTAL 3,807.94 WORDCOM COLORED PAPER 42.50 OFFICE DEPOT OFFICE SUPPLIES 137.85 CRAWFORD & ASSOCIATES AUDIT FY 2005 537.50 OK MUNICIPAL LEAGUE CONFERENCE REGISTRATION 165.00 FINANCE DEPT TOTAL 882.85 SAMS CLUB OPERATING SUPPLIES 16.52 OFFICE DEPOT OFFICE SUPPLIES 54.83 CHARACTER FIRST! TEACHER BINDERS/BULLETIN CARDS 4,482.12 A N Z SIGNS CHARACTER BANNERS 665.00 TREASURER PETTY CASH MILEAGE-DANE 13.72 TREASURER PETTY CASH REIMBURSE TRAVEL-DEMPSTER 70.64 ROCKHURST COLLEGE OSHA TRAINING 348.00 LORMAN EDUCATION SERVICES W/C TRAINING 239.00 REASORS MEETING EXPENSES 24.77 TREASURER PETTY CASH MEETING EXPENSES 21.70 REASORS MEETING EXPENSES 19.95 HUMAN RESOURCES DEPT TOTAL 5,956.25 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 1,015.55 OWASSO COPIER SERVICE OVERAGE CHARGE 556.81 CINTAS CORPORATION MAT SERVICE 30.15 CHARNEY, BUSS, & WILLIAMS LEGAL SERVICES 1,354.65 MESHEK & ASSOCIATES ENGINEERING SERVICES 582.06 MCAFEE & TAFT LEGAL CONSULTATION 99.00 NEIGHBOR NEWSPAPER LEGAL NOTICES 817.60 118.50 89.99 100.78 287.90 890.97 890.97 16.57 285.37 148.20 2.98 208.00 67.00 74.44 24.00 165.79 58.00 38.45 1,355.00 110.00 350.00 10.00 68.27 502.17 23.68 19.38 3,527.30 28.53 8.88 47.32 3,643.69 3,728.42 123.77 9.85 46.18 5,023.09 5,202.89 16.14 34.95 517.13 361.99 416.00 202.26 865.80 268.00 77.00 5,666.62 AMOUNT LEGAL DEFENSE FY 06 TONER CARTRIDGE OFFICE SUPPLIES OFFICE SUPPLIES EDGERlBLOWERlTRIMMER CEMETERY DEPT TOTAL OFFICE SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES KEY ELECTRIC STRIKE CONCRETE-FLAGPOLE EXTERIOR LIGHTS FLAG EQUIPMENT PHYSICAL PROPERTY SUPPLIES UNIFORM RENTAL PARTS-LAWN EQUIPMENT REPAIRS-AIR SYSTEM PEST CONTROL SERVICE PULL FLAG POLE/REINSTALL SERVICE-FIRE EXTINGUISHER DOC LUNCHES DOC WORKER PROGRAM CELL PHONE USE CELL PHONE USE SUPPORT SERVICE DEPT TOTAL FIRE SAFE BOXES/CABLES OFFICE SUPPLIES CELL PHONE USE CUBICLE INFORMATION SYSTEMS DEPT TOTAL OFFICE SUPPLIES EYEWEAR BATTERIES STORMWATER REVIEW ENGINEERING DEPT TOTAL OFFICE SUPPLIES MEETING EXPENSE INSPECTION SERVICES-SEPT MILEAGE-SEPT BARRICADES PHOTO SOFTWARE COMMUNITY DEVELOPMENT DEPT TOTAL PHONE USE LICENSE FEE CONCRETE GENERAL GOVERNMENT DEPT TOTAL DESCRIPTION OWASSO FOP LODGE #149 DELL MARKETING OFFICE DEPOT OFFICE DEPOT BAILEY EQUIPMENT OFFICE DEPOT SAMS CLUB MURPHY SANITARY SUPPLY TREASURER PETTY CASH PAM DISTRIBUTING TWIN CITIES READY MIX GRAINGER LIBERTY FLAGS LOWES COMPANIES UNIFIRST CORPORATION BAILEY EQUIPMENT FORREST SHOEMAKER FLYNN'S PEST CONTROL B & J CONTRACTORS ACCURATE FIRE EQUIPMENT TREASURER PETTY CASH DIST II PROBATION COMMUNITY CORRECTIONS CINGULAR WIRELESS CINGULAR WIRELESS WAL-MART COMMUNITY WAL-MART COMMUNITY CINGULAR WIRELESS KNOLL OFFICE DEPOT WAL-MART COMMUNITY INTERSTATE ALL BATTERY CENTER MESHEK & ASSOCIATES OFFICE DEPOT TREASURER PETTY CASH BURR KANNADY BURR KANNADY ADVANCED WARNING CDW GOVERNMENT SOUTHWESTERN BELL ASCAP TWIN CITIES READY MIX VENDOR VENDOR DESCRIPTION AMOUNT OWASSO COPIER SERVICE CENTER OVERAGE CHARGE 521.02 IN YOUR FACE PEPPER SPRAY 119.00 SAMS CLUB OPERATING SUPPLIES 102.24 CARD CENTER REPLACEMENT PHONE-CHAMBLESS 75.95 CARD CENTER HARD DRIVES 159.00 GALL'S BADGESffiATONHOLDER 597.76 OKLAHOMA POLICE SUPPLY UNIFORM EQUIPMENT 98.65 THOMPSON, BRANDY INVESTIGATION EXPENSE 92.95 SOUTHWESTERN BELL PHONE USE 865.81 CINGULAR WIRELESS PHONE USE-CHAMBLESS 23.70 OKLAHOMA POLICE SUPPLY SHIPPING REFURBISHED BADGE 26.31 TREASURER PETTY CASH POSTAGE 36.74 NATIONAL TACTICAL OFFICERS ASSOC CONFERENCE-DAVIS/JONES 1,000.00 A-ONE TRAI N I NG-P ARSLEY / J OBE/FU N K 450.00 TREASURER PETTY CASH PER DIEM-CHAMBLESS 49.00 TREASURER PETTY CASH MILEAGE/TOLLS/FOOD 609.96 POLICE DEPT TOTAL 5,425.26 SAMS CLUB OPERATING SUPPLIES 39.34 DELL MARKETING MEMORY/NETWORK CARD/SWITCH 365.93 POUCE COMMUNICATIONS DEPT TOTAL 405.27 HILLS PET NUTRITION SHELTER SUPPLIES 100.00 SAMS CLUB OPERATING SUPPLIES 157.11 THREE LAKES LAUNDRY BUNDLE LAUNDRY 27.60 ANIMAL CONTROL DEPT TOTAL 284.71 SAMS CLUB OPERATING SUPPLIES 53.48 WAL-MART COMMUNITY MAINT SUPPLIES 68.49 ATWELL, SHANE REIMBURSEMENT-COAT 108.51 SMITH, JOHNNY REIMBURSEMENT-COAT 108.51 WOFFORD, ED REIMBURSEMENT-COAT 108.51 YALE UNIFORM RENTAL UNIFORM RENTALS 449.42 STUCKEY, MARK REIMBURSEMENT-TRIP 356.88 CROW BURLINGAME REPAIR SUPPLIES 46.68 BMI SYSTEMS COPIER RENTAL 184.23 CULLIGAN WATER/COOLER 16.34 STUCKEY, MARK REIMBURSE-CELL PHONE REPAIR 47.54 CINGULAR WIRELESS PHONE USE-CHIEFS 253.55 SPRINT PCS PCS CHARGES 77.00 FIRE MARSHALS ASSOC CONFERENCE-SAL TSIWAKLEY 150.00 FIRE DEPT TOTAL 2,029.14 SAMS CLUB OPERATING SUPPLIES 15.46 ASSOCIATED PARTS & SUPPLY PARTS-BLOWER MOTOR 87.09 EMERGENCY PREPAREDNESS DEPT TOTAL 102.55 MAXWELL SUPPLY SAW BLADE 113.62 TWIN CITIES READY MIX CONCRETE-GUTTER REPAIRS 673.75 MILL CREEK LUMBER & SUPPLY FORM BOARDS/REBAR 35.86 LOWES COMPANIES SPRINKLER REPAIR 2.33 WAL-MART COMMUNITY FLASHLIGHTS 9.38 APAC SERVICE CENTER ASPHALT 23.46 VENDOR DESCRIPTION AMOUNT UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 30.88 GEORGE & GEORGE SAFETY PROT CLOTHING/GATORADE 35.10 MAXWELL SUPPLY CONCRETE TOOLS 42.76 WHITE STAR TOOLS 134.11 TULSA USED EQUIP & IND REPAIR/MAl NT SERVICE 63.00 ELLSWORTH CONSTRUCTION STREET REPAIR 96 ST N 9,257.10 VANCE BROS PAINT STRIPING EQUIPMENT 5,600.00 STREETS DEPT TOTAL 16,021.35 TWIN CITIES READY MIX CONCRETE-STORMGA TE 285.00 MILL CREEK LUMBEr~ & SUPPLY FORM BOARDS 4.97 A TWOODS HARDWARE/SHOVELS 47.84 WATER PRODUCTS STORM GRATE 100.00 UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 36.68 GEORGE & GEORGE SAFETY PROT CLOTHING/GATORADE 35.09 GELLCO SAFETY SHOES BOOTS-BAKER 124.64 TULSA NEW HOLLAND BRUSH HOG-MAINT/REPAIR 271.71 A TWOODS SHOVELS/BROOMS/SCREWDRIVE SET 52.88 LOT MAINTENANCE SITE MOWING/MAINT-HWY 169 3,250.00 J QUINTON'S OWASSO PLUMBING REPAIR GAS LINE 265.00 BAILEY EQUIPMENT MAl NT-TRIMMER/POLE SAW 211.41 EQUIPMENT ONE RENT AL-WELDERffRIMMER 78.56 MESHEK & ASSOCIATES DRAINAGE IMPROVEMENTS 7,470.61 TULSA NEW HOLLAND FLAIL MOWER 4,535.00 STORMWATER MAINT DEPT TOTAL 16,769.39 LOWES COMPANIES LIGHT BULBS 3.98 BAILEY EQUIPMENT MOWER BEL TS 113.75 ADT SECURITY SERVICES SECURITY SVS 43.36 BAILEY EQUIPMENT MOWER PARTS/SAFETY GLASSES 22.17 WASHINGTON CO RWD 3 WATER-MCCARTY PARK 13.10 ATWOODS CULVERT PIPE/SAFETY GLASSES 137.88 JB STIGALL PARK MOWINGS 585.00 JB STIGALL PARK MOWINGS 585.00 PARKS DEPT TOTAL 1,504.24 LOWES COMPANIES PAINT/LEAK STOPPER 45.11 DALE & LEES SERVICE HEAT/AIR SERVICE 136.00 COMMUNITY CENTER DEPT TOTAL 181.11 OFFICE DEPOT OFFICE SUPPLIES 106.34 CLARIT AS SUBSCRIPTION 995.00 LONE STAR OVERNIGHT EXPRESS/OVERNIGHT DELIVERY 27.32 BUSINESS WEEK SUBSCRIPTION 49.97 ECONOMIC DEVELOPMENT DEPT TOTAL 1,178.63 GENERAL FUND TOTAL 76,886.66 UNITED HEAL THCARE SERVICE REFUND #3671 62.03 MEDICAL COMPLIANCE SPECIALITY BIO-WASTE DISPOSAL 252.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 2,438.65 PACE PRODUCTS AMBULANCE SUPPLIES 145.00 CROW BURLINGAME REPAIR SUPPLIES 269.76 VENDOR DESCRIPTION AMOUNT CINGULAR WIRELESS PHONE USE-OTHERS 61.90 MEDICLAIMS MONTHL Y SERVICES 5,231.87 FETN TRAINING PROGRAM SUBSCRIPTION 1,670.88 L.EWIS, MICKEY REIMBURSE TESTING FEE 50.00 .._~._------_._- AMBULANCE SERVICE FUND TOTAL HOLDEN, DEBBIE TOBACCO PREVENTION CLASS 75.00 JUVENILE COURT FUND TOTAL CHARNEY, BUSS, & WILLIAMS LEGAL SERVICES 200.00 WINDSOR LAI<E HOMEOWNERS ASSOC LANDSCAPING REPAIF< 45.96 BECCO CONTRACTORS 96/GARNETT INTERSECTION 2/1/05 266,204.54 BECCO CONTRACTORS GARNETT RD IMPROVEMENTS 2/1/05 703,958.98 YMCA OF GREATER TUL.SA YMCA POOL PROJECT-MATERIALS 127,243.00 CAPITAL IMPROVEMENTS FUND TOTAL 1,097,652.48 SNOWS FURNITURE COMPUTER DESK/STAND 718.00 TOTAL RADIO RADIO ANTENNA INSTALLATION 437.12 AMBULANCE CAPITAL FUND TOTAL DELL MARKETING LASER PRINTER 314.00 FIRE CAPITAL FUND TOTAL 314.00 TRADITION HOMES PERMIT REFUND 150.00 PARK DEVELOPMENT FUND TOTAL 150.00 LIVINGSTON, KEN TUITION REIMB 251.25 QUIKSERVICE STEEL ASPHALT PROBE 10.00 O'REILLY AUTOMOTIVE OPERATING SUPPLIES 19.36 UNIFIRST CORPORATION UNIFORM RENTAL 104.32 EQUIPMENT ONE PROPANE-FORKLIFT 19.99 OK TRUCK SUPPLY PARTS-TRASH TRUCK 28.83 T&W TIRE TIRES 926.27 J & R EQUIPMENT PARTS FOR RESALE 2,016.01 DRIVE TRAIN SPECIALISTS PARTS FOR RESALE 17.72 TULSA NEW HOLLAND PARTS-BACKHOE 27.96 QUIKSERVICE STEEL STEEL 75.50 FRONTIER INTERNATIONAL TRUCKS PARTS FOR RESALE 1,382.11 ENLOW TRACTOR PARTS-KUBOTA 290.10 B & M OIL COMPANY OIL/FLUIDS 912.00 O'REILLY AUTOMOTIVE PARTS FOR RESALE 607.10 ACCURATE FIRE EQUIPMENT SERVICE-FIRE EXTINGUISHER 145.50 CINGULAR WIRELESS CELL PHONE USE 23.67 O'REILLY AUTOMOTIVE TRAINING-MECHANICS 159.90 LENOX WRECKER SERVICE TOWING-TRASH TRUCK/AMBUL.ANCE 631.00 ALSUMA TRUCK REPAIR REPAIRS-LODAL 1,155.93 CITY GARAGE FUND TOTAL 8,804.52 PPO SOLUTIONS B06203 36.38 PPO SOLUTIONS R08185 11.82 JAMPETRO, T C/O CRAIG ARMSTRONG, ATTY J06172 474.00 RUTHERFORD, W & GUS FARRAR HIS ATTY R10163-SETTLEMENT 16,632.00 1,225,282.94 GRAND TOTAL 275.00 1,750.00 37.56 514.15 21.00 2,828.09 1,923.35 7,349.15 TORT CLAIM #TR-05-026 TORT CLAIM #TR-05-026 TORT CLAIM #TR-05-025 TORT CLAIM #TR-05-025 TORT CLAIM #TR-05-025 TORT CLAIM #TR-05-019 TORT CLAIM #TR-05-019 SELF INSURANCE FUND TOTAL 528.00 75.00 528.00 528.00 113.56 51.35 325.54 45.64 233.64 155.76 5'75.50 194.37 80.62 59.58 39.72 59.58 341 .1 0 199.56 196.26 259.84 980.10 22,724.92 R10163 R10163 W07294 G02264 L06205 B08225 H06045 B06203 S06225 H06045 806203 R08185 R05074 M07265 L07265 M03015 R08185 M08235 808225 H08185 R10163 WORKERS COMP FUND TOTAL AMOUNT DESCRIPTION WATTS, AARON AND SHANNA DUKE, JOHN PHILLIPS, REGINA ST JOHN MEDICAL CENTER TULSA RADIOLOGY ASSOCIATES LOWES COMPANIES HARRIS, DANNIE AND CHAWEEVAN RUTHERFORD, W & GUS FARRAR HIS ATTY OK WORKERS COMP COURT WELLS, JACK D GOSVENER, 8 CIO BRYCE A HILL, HIS ATTY TULSA BONE & JOINT ASSOC REGIONAL MEDICAL LAB WARREN CLINIC K ARMSTRONG MD WALGREEN COMPANY RADIOLOGY CONSULTANTS RADIOLOGY CONSULTANTS HEAL THSOUTH HOLDINGS CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY OK TAX COMMISSION SPECIAL TAX UNIT VENDOR Worker's Comp Self-Insurance Fund Ambulance Fund 2,462.56 0.00 Historical Museum 7,489.43 677.74 Streets 67,770.26 2,557.08 Fire 7,266.71 Iotal Expenses Overtime Expenses DeQartment 9/17/2005 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 2,329.76 2,329.76 23,837.92 22,973.56 46,811.48 AMOUNT HEALTH CARE SElF INSURANCE FUND TOTAL VISION MEDICAL SERVICE DENTAL DEPT TOTAL VSP HEAL THCARE MEDICAL SERVICE HEAL THCARE MEDICAL SERVICE HEAL THCARE DEPT TOTAL AETNA VENDOR DESCRIPTION CITY OF OWASO HEAL THCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 ATTACHMENT: 1. Court Order RECOMMENDATION: Staff recommends approval and authorization for payment of the court ordered workers' compensation settlement in the total amount of $35,640. Staff also recommends approval and authorization for payment of$1,055.10 payable to the Oklahoma Tax Commission and Workers' Compensation Court for taxes and court fees associated with the court ordered Workers' Compensation settlement. A 27% pelmanent partial disability rating equates to $35,640, which will be paid in a lump sum payment of $16,632 to Mr. Rutherford and his attorney with an additional seventy-two weekly payments of $264. Should Mr. Rutherford agree to settle this injury along with a second injury he has pending, this payment to Mr. Rutherford will be made in a lump sum of $35,640, with the potential for an additional payment. Also associated with this order are taxes and court cost of $1,055.10. A copy of the court order is attached for your review. BACKGROUND: William Rutherford, an employee of the Public Works Water Division, incun'ed a back injury in October 2003 while performing his duties as a Utility Worker. As a result of this injury, Mr. Rutherford underwent surgelY in July and November of 2004. After obtaining medical maximum improvement Mr. Rutherford received a permanent partial disability rating from three different physicians. The three separate ratings were 53%, 25% and 15%. Due to the differences in ratings the settlement was taken to ttial at Workers' Compensation comi. The judge has issued a permanent partial disability rating of27%. September 30, 2005 DATE: WORKERS' COMPENSATION SETTLEMENT SUBJECT: MICHELE DEMPSTER ) HUMAN RESOURCE DIRECTOR FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM " ..2.. TIIAT m time of~. e~5 ~ ~ .mffiei~ to ~lim the ~ of~ti'oo 9t $528.00 ,"w~ fur ~ touU ability md $264.00 pa' wedc f~~pmW ~ty. -1- , D ......~.. '''--...'''''' .............~......~""""""- .....---~_.....,..-~.4..............' mAT on OCTOBER 16, 2003. daimw was empl~ by the A~ ~ ~ ...~. 00__- - wdllemp!~ wu subject to ~ oove:red by the ~ of the W~f~QJ1 ~ of~ StAW; of Oklm~ md em !IiAid dare daima.m snlt'''lnM !ecldlFi'ltal ~ injury ro w LUMBAR BACl(: m~OOtofMd in the 00WlJ~ ofe~ mJp!c~ Now on tm~ 2ilri ~ of SEPTEMB~ :ZOOS. ~ ClWS~ ~ 00 for oomidemticm p~ to regWiU ~mt ami ~ q JULY 25>> 2005. ~ JUDGE KENTON W. FULTON~ ~ T~ 01dMo~ at which time daimmt ~ ~ by~ GUS A F.AR.RAR, ~t ~ imlmmoe wriu a~ by ooumd, JACQUE J BRA WN:ER. Th~ Court MvWg ~ th~ ~~ ~ ~ an file. ~ b~ wdt ~d fuHy ~ in tWo: ~ FINDS AND ORDERS AS FOLLOws: mE N~~ IDC:r.r.NT OlE ORDER AWARDING, DISABILITY BENEFITS .l~ PARTLU. 0", ..,. "'~''''''''__J4 0 ) ) ) ) ) ) SocW ) Number. ) (OWN RISK OF FILED WM~ C~PENSAOON COURT STATE OF OKLAHOMA .s~mw 23, 20@S Roi:n~1t L. Thw-p COURT CLERK 2004-020S9R WILLlAM Rt.mmRFORD CWmfmt m if~ ddm t4. BJl:lFOU Tfi 'mro!~' OOM)fJZNSAnON C'OuaT OF nm STATE OiF&~OMA 918 665 7310 P.02/05 UNjl~V ~HrclY ~ CLHJMb ~cr-Co-C~~J 1b-4b ~ ~ '~ '.)0. ~ BY ORDER OF: ..8.. tHAT ~ or im~ ~ slWl ~ IMUrt co~; SptcW O<:cUP~mW ~th and S~t'ty Fd 'I'u. WU be ~ in the ~ @(52".30. ~~g ~~ of O~ ~ (0.15%), ~ if 01m ~ ~ pay $112.30 ~ ~ W~D ~ ~m1 ~ ~tw@,~(2%)ofW:pamlm~t~~wdhm:M " ..9Q THAT ~ ~ Title 85 a.s. S=Wn 93. a ~ f~ of~..five oollm ($15.00) ia ~ ~ III oost m tlWl matter, ~ wll be pttid by ~poodem ro the Court ~t<< unI~ a filing fee \11M, p~ypmid, wiYhm tw~ (20) ~ from ~ ~ thi, ~~~ fuMl w 10 w THAT the $UW of'$1,123.00 WW1 'be deducted &om the ~'lIV:W hereW.lmd paid in lump sum to "'----', ._-C~ u:rld:td'~e attaim'J1 ~ 1tI~~~~~ 6:...... ~~ 8j;f~~ tmra onL::r. ~ or Wunmoo euna-lWaU me hmiri ~ ~ ~~.~\~~ With this order. -1.. tHAT ~t or ~ C<mie:rslWl pay elaimmt ~ ~ pcmon @f~ I1wmrd ~ .$= in l~ mwl on1.920.00 W ~y tht ba1lm~ of Hid ~~ ~t W: ~ ofSU4.00 pc' w~ until the totd f1iiWUd oU35.640.00 (l~ ~ fel!:) hQ b~ pWd to CJ.!liMlIlW, ~ md -6- ~ '''''' ,,~ ~~by~~~~tof'wdmjW)', -3 - THAT M l'l ~t ofsmd mjmy. d~ ~td 21 ~t ~ ~ ~ty to the. UJlVWAR BACK (w~ _d .Ilihov~ oo/~ p~ dihbmty). for ~ daiYT'...Dt't i~ ~tit1ed. w ~<m fur 135 'llII~ at $264.00 per w<td:, Oil'" the ~ ~ Qr $:35.640.00 ofw.bicl:l. 36 w~ MV\e ~w ~ be~ ina lump ~ @f$9,504.00, ==:=--- -- ..4a wSw ii (60) days. is9~ is DENmD. THAT 2~2{)S9R P~~2 ~ltl bb5 7310 P.03/05 UNJ It V ~Hrtll ~ ~LHJnb ::orr-("I")-rI'JU::> 10- "10 ~. ..... , ~ ~..,,~!l> .~~.b_ .'""~~-.~ Cowt amk Sepmmbar 23. 2005 =-=-'<>~ "'~ ~'=", ". """'-= ". i ~~Nby oot1ify front ~ ~oova and f~~in~ II fj' true "9nd ~~ ~-;;tL-~~~"'~ 'r~ signoo by \the JUdge hwein, Witl"le.u by my hard and the, cm~l ~ of ~ COOIJ1 on this da~, ~E JAC~J mlAWNEA TWO~$Q urm Zll N MmNSON OllO..i\.HOMA OK.1310~1l00 GUSAF~ PO :aox 29i2 1t.JISA. OK 14101~2931 ~.;JA~ A iWpY @!the:&~ rmd ~omg Court ~ WM ~ by ~ or Ca1ifi@d United S~ M:~ on tW filed ~~w; 2004-C:MS9R pa:gc 3 '310 GG5 7310 P. 04/0J Ul't I TED SAFETY & CLn I MS SEP-25-200S 16:47 ATTACHMENT: 1. Ordinance No. 828 2. Subject Map RECOMMENDATION: Staffrecommends Council approval of Ordinance No. 828. Attached is a copy of Ordinance No. 828 that formally adopts the City Council's action of September 20, 2005. BACKGROUND: At the September 20, 2005 meeting, the Owasso City Council approved an easement closure request for 70.41 Sq. Ft. of a 10' utility easement located on the north side of Lot 5 of Block 11 as shown on the filed plat of the Elm Creek Estates First Addition. 2005 September DATE: ORDINANCE NO, SUBJECT: CHIP MCCULLEY CITY PLANNER FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 5 AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 215.99 AND A CHORD BEARING OF SOUTH 37018' 39" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 500 30' 00" EAST, A DISTANCE OF 26.24 FEET TO THE POINT OF BEGINNING; THENCE NORTH 290 23' 45" WEST, A DISTANCE OF 4.95 FEET; THENCE NORTH 60021' 37" EAST, A DISTANCE OF 28.45 FEET; THENCE SOUTH 500 80' 00" WEST, A DISTANCE OF 28.90 FEET TO THE POINT OF BEGINNING. A PART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK ESTATES FIRST ADDITION, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: WHEREAS, said utility/access easement is described as follows: WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility/access easement; ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY/ACCESS EASEMENT LOCATED ON LOT FIVE, BLOCK ELEVEN OF ELM CREEK ESTATES FIRST ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OW ASSO ORDINANCE NO. 828 Julie Trout Lombardi, City Attorney APPROVED AS TO FORM: Sherry Bishop, City Clerk ATTEST: Craig Thoendel, Mayor APPROVED: PASSED AND APPROVED this 4th day of October, 2005. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 5 AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 215.99 AND A CHORD BEARING OF SOUTH 370 18' 39" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 500 30' 00" EAST, A DISTANCE OF 26.24 FEET TO THE POINT OF BEGINNING; THENCE NORTH 29023' 45" WEST, A DISTANCE OF 4.95 FEET; THENCE NORTH 60021' 37" EAST, A DISTANCE OF 28.45 FEET; THENCE SOUTH 500 80' 00" WEST, A DISTANCE OF 28.90 FEET TO THE POINT OF BEGINNING. A PART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK ESTATES FIRST ADDITION, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: Section 1. The following described utility/access easement, be, and the same is hereby closed to the public use, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, ATTACHMENT: 1. Ordinance No. 829 2. Subject Map RECOMMENDATION: Staff recommends Council approval of Ordinance No. 829. Attached is a copy of Ordinance No. 829 that formally adopts the City Council's action of September 20, 2005. BACKGROUND: At the September 20, 2005 meeting, the Owasso City Council approved a Rezoning request (OZ 05-07) for approximately 87 acres of property located on the southwest corner of N. Mingo Road and E. 96th Street North. 2005 September DATE: ORDINANCE SUBJECT: CHIP MCCULLEY CITY PLANNER FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TO: MEMORANDUM oz 05,07 Julie Trout Lombardi, City Attorney APPROVED AS TO FORM: Shen-y Bishop, City Clerk ATTEST: Craig Thoendel, Mayor APPROVED: APPROVED this 4th day of October, 2005. Section 3. That all ordinances or p31is of ordinances in conflict herewith be, and the same are hereby expressly repealed. is hereby changed from AG Agricultural to RS-2 Residential Single-Family. A TRACT OF LAND IN THE NE/4 OF SECTION 24, T-21-N, R-13-E LB.&M., BEING ALL THAT PART OF THE NE/4 OF SAID SECTION 24 LYING EAST OF THE SOUTH KANSAS AND OKLAHOMA RAILROAD (A.T.&S.F. R.R.) RIGHT- OF-WAY, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID PROPERTY CONTAINING 87 ACRES, MORE OR LESS PARCEL 1 Section 1. The zoning classification of the following desclibed propeliy, to wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ 05-07. WHEREAS, public hearings have been held regarding the rcquest for rezoning of the propeliy herein described, and AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-05-07 CHANGING THE ZONING OF PROPERTY INSIDE THE NE/4 OF SECTION 24, T-21-N, R-13-E LB.&M" BEING ALL THAT PART OF THE NE/4 OF SAID SECTION 24 LYING EAST OF THE SOUTH KANSAS AND OKLAHOMA RAILROAD (A.T.&S.F. R.R.) RIGHT-OF-WAY, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; CONTAINING 87 ACRES MORE OR LESS, REPEALING ALL ORDINANCES OR P ARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OW ASSO ORDINANCE NO. 829 Once the grant has been accepted, an administrative agreement needs to be executed to provide for the administration of the project. Historically, INCOG has administered Owasso's CDBG grants and provided technical assistance as a liaison between the City and the Department of Commerce. The administrative agreement pledges $4,500 to INCOG for its services, such funds to come from the City's required cash match. ADMIWSTRA~ AGREEMENT; AGENDA ITEM #9 ADMINISTRATIVE AGREEMENT The staff recommends that the City Council accept the Small Cities set-aside grant from the Oklahoma Department of Commerce, and authorize the Mayor to execute the acceptance letter and all appropriate contract documents. RECOMMENDATION: The staff received notice on September 22, 2005 that funding in the amount of $66,450 has been approved. A "one~for~one" cash match is required of the city each year in order to receive the grant funds. The FY 2005-2006 city budget includes funds within the Public Works Department in an amount sufficient to satisfY the match requirement. FUNDING: On May 17, 2005, the Owasso City Council approved Resolution #2005-08 as part of the application process requesting financial assistance from the Oklahoma Department of Commerce under the FY 2005 Small Cities set-aside funding. The application was specifically directed toward street improvements. The intent is to rebuild the streets within the Three Lakes Village addition in Owasso. The recommended improvements were presented at a public hearing on March 15,2005. BACKGROUND: September 29, 2005 DATE: AC(;EPTANCE AND ADMINISTRATION OF GRANT THE THREE LAKES Vll,LAGE STREET IMPROVEMENTS ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR FROM: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM The staff recommends Council designation of the Mayor as the City's certifying official for documents required by the grant and authorized by the Council. RECOMMENDATION: Federal and state regulations require that each grant recipient designate a certifying official. This official is typically the mayor when the recipient of a grant is a municipality. The certifYing official (through use of the staff and contractually with INCOG) assumes responsibility for the environmental review process, making findings, and signing certifications. BACKGROUND~ AGENDA ITEM #10 DESIGNATION OF MAYOR AS CERTIFYING OFFICER It is anticipated that future actions may have to be taken by the Council to complete other grant requirements not directly related to environmental concerns. However, at this point the following is a specific explanation of each current request by agenda item. The City is also required to adopt a resolution pledging a match towards the completion of the project. Ordinarily, an equal match of $66,450 would be required, as this would equate to a one-for-one amount. However, the street project cost will total $228,193.45, therefore, the match that the city is offering for the grant is $161,773.45. This match has been budgeted by the City of Owasso. First, an Environmental Review Record must be prepared. This record consists request for review being sent to various state and federal agencies and a documentation of their responses in the form of a statutory checklist and an environmental assessment. The staff has determined that this project will have no significant effect on the environment. As a result of this determination, the Council is in a position to designate the Mayor as the certifYing officer to execute the Environmental Certification and Release of Funds Request and to make a finding of No Significant Environmental Impact. In addition, the Council must approve an Antidisplacement Plan even though no displacement will occur as a part of the program. The INCOG staffhas prepared those documents. A series of steps must be taken in order for ODOC to release the Small Cities grant funds for the street improvement program. Each step requires formal action by the Council; however, these steps are generally considered to be "house cleaning" type actions. AJ;lDITIONA-L ADMINISTRA TIV)!:. REQlIIREME~T~ The staff recommends that the City Council approve the administrative agreement between the City of Owasso and INCOG, and authorize the Mayor to execute the agreement. RECOMMENDATION: The Antidisplacement Plan addresses the actual or unexpected demolition of low/moderate income dwelling units. There will be no demolition of dwelling units because of this project. However~ it is BACKGRQUNP= AGENDA ITEM #13 ANTIDISPLACEMENT PLAN The staff recommends that the City Council authorize the Mayor to execute the Environmental Certificate and the "Request for Release of Funds" as required by grant conditions. RECOMMENDATION: The Environmental Certification is a document that identifies that the City has carried out its responsibilities for environmental review in accordance with all state and federal regulations and that it has been determined that a full Environmental Impact Statement is not required. The Environmental Certification is a prerequisite for the Request for Release of Funds. The Request for Release of Funds is a document that identifies that the City has completed all the requirements of the grant, whether they are state, federal or local grant conditions. RACKGROVNJ}: AGENDA ITEM #12 EXECUTE AN ENVIRONMENTAL CER'fIFICATE AND THE REQUEST FOR RELEASE OF FUNDS The staff recommends that the Council approve the INCOG reports and finding of no significant impact on the environment as a result of the street improvement project, and that the Mayor be authorized to execute the Finding of No Significant Impact on the Environment. RECOMMENDATION: This is a finding that the project is not a major federal action that will have a significant effect on human environment and that a request to the State for the release of project funds win not require an Environmental Impact Statement. In order to make this finding it is necessary to complete a Statutory Checklist, an Environmental Assessment checklist, and maintain documentation of the Environmental Review Record information. INCaG staff has completed all of these and documentation has been placed in the project's permanent file. ~ AGENDA ITEM #11 FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT 1. ODOC Notification Letter 2. Instructions for Acceptance of Award 3. CDBG Contract with Department of Commerce 4. Map showing location of project 5. Finding of No Significant Impact 6. Request for Release of Funds 7. Antidisplacement Plan 8. Resolution 2005~ 14 9. Certification of Leverage 10. Correspondence from INCOG dated September 28, 2005 11 ; Agreement for Administrative Services ~TIACBMENTS: The staffreoommends Council approval of Resolution 2005-14. RECOMMENDATION: In order to receive the CDBG funds, the City of Owasso must commit $66,450 as a matching amount. This pledge would equal the amount of the grant itself However, since the total project cost is $228,193.45, the city is committing $161,773.45, more than satisfYing the grant's match requirement. I!i).CKGRQ!ll!lli AGENDA ITEM #14 RESOLUTION 2005-14 The staff recommends Council adoption of an Antidisplacement Plan for the restroom and sidewalk improvement program, and that the Mayor be authorized to execute the plan document. RECOMMENDATIQN: required that a plan be approved that states that demolition is not planned and, if unexpected demolition should occur, all federal regulations would be followed to mitigate any adverse impact. U,S. Senator Tom Coburn U.S. Senator Jim Inhofe U.S. Representative Dan Boren U,S. Representative John Sullivan Senator Randy Brogdon Representative Tad Jones Representative Mark Liotta Representative John Smaligo Representative Joe Sweeden c: VC/jb Enclosures ~- Director unity Development Sincerely, U Vaughn Off! ce We look forward to working with you in the coming months, Should you have any questions, please contact D. Scott Myers at 405/815~5356. Please understand that acceptance of this offer does not constitute your authority to expend funds or make any commitments of funds relative to the project until the execution of the contract. Please indicate your acceptance of this offer by following the attached instruction sheet and returning the enclosed Contract, Signatory Form, Contract Certification Regarding Lobbying, and Authorization for Mailing Copies of Correspondence. The Oklahoma Department of Commerce/Office of Community Development (ODOC/OCD) has completed its review of your FY 2005 Community Development Block Grant (CDBG) - Small Cities Award, ODOC/OCD is pleased to inform you that your application under the Small Cities set-aside for the street improvements project has been approved for funding, The award provides funding in the total amount of $66,450, Should this award be accepted, it will be memorialized in contract number 11946 CDBG 05, Dear Mayor Thoendel: Craig Thoendel, Mayor City of Owasso Box 180 Owasso, OK 74055-0180 September 2005 :OMA 900 North Stiles Avenue / P. 0, Box 26980 Oklahoma City, Oklahoma 73126,0980 U,S,A, Tel: (405)815-6552 Fax:(405)815,5199 STATE OF OKLAHOiVlA DEPARTMENT OF COMMERCE , 3, Contract Certification Regarding Lobbying: Federal regulations require that a "Contract Certification Regarding Lobbying" be executed on all federally funded contracts of $100,000.00 or more. If your contract is for $100,000,00 or more, this form is also enclosed and must be completed and returned, Any contractor who certifies that it is not engaged in lobbying activity and is found to have made Note: The Notary Public who notarizes the Certificate of Authorized Signatures must include their notary seal, official signature, commission number and the expiration date of their notary public commission. Effective January 1, 2003, if any of the above-mentioned information is omitted, the document will be returned to be completed correctly, which will delay the execution of the contract. ',~.';~.~jk~~fj~;"",~t;~;~I't~.t/ifth~..; '~io/fft~Y!l~~ltUllj~i~q;J;ilijt~g"*Q!aJ~lllli~Qg~U ~,~quthQri~~d$~9nqtQr.~ttl1ey~.atl Signatory Form: Please ensure that the Signatory form is completed before the contract document is signed. The person or persons who are to have the authority to sign the ODOC contract and contract modifications are to sign the Signatory form under the "Contract Signatories" section in the blank after their typed name and title. The persons (there should be at least two) who are to have the authority to sign Requests for Funds and official reports are to sign the Signatory form under the "Fiscal Signatories" section in the blank after their typed name and title. The chief elected/appointed official is to sign the document at the bottom of the form, Please note that only elected or appointed officials of your Town, City or County may sign contract or financial documents, Copy of Signatories Currently on File With Us: If the Oklahoma Department of Commerce (ODOC) has received a Certificate of Authorized Signatures (Signatory) form from you within the last 12 months, a copy is attached, Jfthesi;~nat?rie~ ~h8.Y'!1l9nthiBcoRy.ar~ still the same, YOU may skip PElragraph #2 and proceed to , paragrElPh #3, If there. is to be a chElnge or if we do nothElve El. Signatory form le$$tl1.El012 months old, please prOceed to paragraph #2. Please review and execute the following documentation and return it to the Office of Community Development at the Oklahoma Department of Commerce as quickly as possible. The execution of the enclosed contract is the formal acceptance of the award of Community Development Block Grant funds. If the enclosed documentation (items :2 - 51 are not returned to the Office of Community: Development at th~ Oklahoma Department of Commerce within six l61 weeks of the date of this letter, the award of Community Development. Block Grant funds wUlJ!g deemed to l1a\LELb.e.~~fu.~ed. INSTRUCTIONS FOR ACCEPTANCE Of AWARD We ask that you sign all the documents described above as required and return them to our office as soon as possible. Please be reminded that until the contract has been returned and signed by all parties and all applicable Release of funds requirements have been met, funds cannot be drawn. If you have any questions, please contact Charlotte Conant at 405/815-5331, Authorization for Mailing of Correspondence: Please complete this form and return it with the other contract documents if you wish ODOC to mail a copy of all correspondence regarding this contract to your consultant. Your Community Development Block Grant Contract (With Budget Attached): After signing the Signatory form, please sign and date the contract and budget The entire contract, which consists of Part I, Part II and the Budget, should be returned to us, Please fill in the dates on the but/qef, notinq the deadline~ prior to returninq the contract and bud!lf11. A copy of the fully executed contract will be returned to you for your files, prohibited expenditures under federal civil law will be fined not less than $10,000,00 and not more than $100,000,00 for each such expenditure. At the bottom .left have a Notary Public fill in the name of the County where the Signatory form is signed and notarize it. The chief elected/appointed official (Mayor, Chairman, etc.) is to sign the document at the bottom right of the form where a blank is provided, type in the official's name and title in the second blank and fill in the date the Signatory form is signed in the third blank. The persons (there should be at least two) who are to have the authority to sign Requests for Funds and official reports are to sign the Signatory form under the "Fiscal Signatories" section in the blank after their typed name and title. The person or persons who are to have the authority to sign the Oklahoma Department of Commerce contract and contract modifications (there should be at least two) are to sign the Signatory form under the "Contract Signatories" section in the blank after their typed name and title. The chief elected/appointed official (Mayor/Chairman) must be listed as a ,contract signatory. Fill in the name of your City, County or Organization (non-profit, etc.) III the second blank in the first paragraph. The name of the chief elected/appointed official'(such as the Mayor, the Chairman of the Board, etc.) goes in the first blank in the first paragraph. CERTIFICATE OF AUTHORIZED SIGNA~SFbRM (SIGNATORYFORM) , '. Charlotte Conant Office of Community Development Oklahoma Depmiment of Commerce P.O. Box 26980 Oklahoma City, OK 73126-0980 Please complete and mail to: Date Chief Elected Official Phone Number: Mailing Address: Firm Name (If Applicable): Name of Administrative Consultant CDBG Contractor Number(s): Name of Contractor (City or County): The undersigned chief elected official of the Contractor named herein requests that a copy of all future correspondence from the Oklahoma Depmiment of Commerce to Contractor be mailed to the Contractor's administrative consultant. The necessary information to fulfill this request is as follows: AUTHORIZATION FOR MAILING COPIES OF CORRESPONDENCE If you want copies of correspondence from the Oklahoma Department of Commerce to your office mailed to your administrative consultant, please fill out and sign this fOlm and return it to the address at the bottom ofthe page. Please call Donald R. Hackler, Jr., at 800-879-6552, extension 359, if you have any questions. To Contractors: Release of Funds: Engineering: Construction: PROJECTED COMPLETION DATES PROJECT DESCRIPTION: Funds will be used for the construction of curb/gutter and asphalt in the Three Lakes Village Subdivision in the City of Owasso. Date Signature of Authorized Official PLANNING 551020 ENGINEERING ~ 551030 ~ ARCHITECTURE 551031 ,~ ' INSPECTION 551032 HOUSING REHABILITATION 551049 '--~-- ACQUISITION & DISPOSITION 551050 -~~-- CLEARANCE/DEMOLITION 551070 -- '-'-~-'~- , ^~~, UTILITIES ~, 551080 WATER SYSTEM - 551090 ------" =' .. SEWER SYSTEM 551091 ,,- SOLID WASTE - 551100 AMBULANCE 551161 FIRE PROTECTION - -~ 551160 .~~ HANDICAPPED 551044 COMMUNITY FACILITY 551110 SENIOR CITIZENS CENTER 551112 PARKS 551150 STREETS 551180 $66,450.00 FLOOD & DRAINAGE 551190 ~~== OTHER: Leqal, Survey, Easement 551210 ~ TOTAL PROJECT COST $66,450.00 PUBLIC FACILITIES ADMIN 551010 , DIRECT GRANTEE ADMIN 551018 TOTAL ADMINISTRATION $0.00 TOTAL CDBG $66,450,00 LEVERAGE (MATCHING FUNDS) $161,773.00 TOTAL PROJECT COSTS $228,223.00 BUDGET AMOUNTS ACCOUNT NUMBERS BUDGET CATEGORIES 2005 2005 11946 CDBG 05 Program Year: Grant Application Year: Contract # / Funding Source: City of Owasso 9/9/2005 Contractor: Effective Date: Environmental Certifying (Signature. Title and Address) Craig Thoende1. Mayor City of Owasso P. O. Box 180 Owasso, OK 74055 Date I find that this project is not a major federal action which will have a significant effect on the quality of the human environment and is consistent with the provisions of 24 CPR, Part 58. Subpart E. and that these activities are in compliance with the environmental requirements of related federal authorities. A request to the State for the release of project funds will not require an Environmental Impact Statement. A FINDING NO SIGNIFICANT IMPACT project, I On the basis of the environmental assessment of the following finding. ENVIRONMENTAL REVIEW FINDING OW ASSO #11946 CDBG 05 CDBGSMALLCrnESSTREET~PROVMENTPROGRAM FINDING OF NO SIGNIFICANT IMPACT Contractor Name: Contract No. City of Owasso 11946 CDBG 05 Address: Date of Request: P.O. Box 180, Owasso, OK 74055 ~ 24 2005 Project Description: (Brief) CDBG Three Lakes Village Street Improvement Program in the City of Owasso '" .. -_..~- Consultant Name and Address: 5th Andv Armstrong, !NCOG, 201 W. Street ~ T"l<l~ OK 74103 No Consultant REQUIREMENTS Items Induded State Use Only .- -- A Categorically Excluded From RROF Publication I hereby state CDBa Form 403~A has been completed & the activity has been detennined to be exempt. A Finding of Categorical ExdusionlExemption (Sample 403-3), Historical Clearance, & Archeological Clearance are attached ,,-, B Categorically Exduded Activity I hereby state CDBa Fonn 403-A has been completed. Enviromnental Certification (Form 403-B), proof of Notice of Intent Publication (Sample 403-6),01' Proof of Posting, Historical Clearance, Archeological Clearance and Finding of Categorical Exclusion (Sample 403-5) are attached, C. Assessment Activity I hereby state Fonns 403-A & 403-C have been completed and X no EIS is required, the Finding in (Fonn 403-C, Attachment 9) is attached. Environmental Certification (Form 403-B), Proof of Concurrent Notice of Publication (Sample 403-8), or Proof of Posting, Historic & Archeological Clearance are attached. 2. Leverage/Cormnitment A CDBa Projects I hereby certify that a resolution and/or an escrow accoilllt has X been established committing the leveraged funds toward the completion of the project. (Fonn401-B, Attachment 1) is attached. 3. Insurance & Bonding Submit evidence of general liability insurance and city/county X oondiru?:. 4. Anti Displacement Plan A I hereby certify an anti-displacement plan has been adopted. X Attach Plan. Attachment 3 or 4 5. Minority/Women- A Copy of response from Ken Tally signed by ODOC. Owned Business 10/19/01 Solicitation 6. Other A Any special conditions Including Grant/Loan Special Conditions, specified in Section II of the contract between ODOC and the Contractor have been met. X B. Audit Accepted by ODOC. C, Attendance at CDBG Trainitw; Session. NAME and TITLE of Signature of Authorized Official Date Authorized Official Craig Thoendel, Mayor Items included - Code: NA Not Applicable to this program. .. REQUEST FOR RELEASE OF FUNDS AND REQUIREMENTS COMMUNITY DEVELOPMENT City Clerk Mayor By: By: Attest: For: City of Owasso If displacement oflow/moderate-income households occurs in conjunction with the community development activities funded with CDBG funds, the City will provide relocation assistance, as described in 570.496(b)(2) to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate~ income dwelling to another use as a direct result of assisted activities. 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low/moderate- income households in the jurisdiction. 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy, and; 5. The source of funding and a time schedule for the provision of replacement dwelling units; The location on a map and number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 3. A time schedule for commencement and completion of the demolition or converSlOn; 2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 1. A description of proposed assisted activity; The City of Owasso will undertake community development activities funded through the Community Development Block Grant program. No demolition or conversion of low/moderate-income dwelling units is anticipated by the City in conjunction with the activities assisted with these funds. Under Section 104 (d) of the Housing and Community Development act of 1974, as Amended, if such demolition or conversion unexpectedly occurs, before obligating or expending fimds that will directly result in such demolition or conversion, the City will make public and submit to the Oklahoma following information in writing: RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN City Clerk ATTEST: Mayor City of Owasso, Oklahoma Approved this 4th day of October 2005. SECTION 1: The City of Owasso, through the Cities General Fund Account, agrees to commit up to $161,773.45 as the required match for the proposed CDBG Small Cities Program in the City of Owasso. NOW, TIIEREFORE, BE IT RES01.vED by the City Council of the City of Owasso, Oklahoma, that, WHEREAS, as a condition to the funding of the Community Development Block Grant (11946 CDBG 05), the Oklahoma Department of Commerce has required adoption of a resolution by the City Council of the City of Owasso, Oklahoma, to commit funds in the amount of$161,773.45 to the project, WHEREAS, the City of Owasso has entered into a project consisting improvement project in the City of Owasso, State of Oklahoma with proceeds Community Development Block Grant Funds; and, A RESOLUTION RELATING TO A COMMUNITY DEVELOPMENT BLOCK GRANT (11946 CDBG 05) FOR STREET IMPROVEMENT PROJECT ACTIVITIES COMMITTING UP TO $161,773.45 AS LEVERAGE FROM TI-IE CITY OF OWASSO RESOLUTION NO. 2005w14 CITY OF OW ASSO, OKLAHOMA Program Management Requirement 401 Form 401~B (Date) City Clerk 10/4/05 (Date) ATTEST: Craig Thoendel. Cit:y of Owasso , (CityffowWCounty) RDi\, OWRB, EP A, EDA or Other Funding Source: A copy ofthe approved application stating the availability of funds that will be used for the approved CDBG project. LocaLFl1Ilds~, Resolution describing from what account funds will be obtained. Examples of Documentation: Documentation must accompany this form confirming that leverage funds have been secured and are available for use with the approval of the CDBG project. $ $ -~~"_._~ $ ---- ODOC proposes to provide Federal funds in the amount of$ 66,450 to the City ofOwasso ___~_ for carrying out a Community Development Block Grant Project. Said grant represents 29 % ofthe total project cost. The ctty of Owasso __,__.__.~" certifies the amount of$ will be provided as a 50 % leverage in the foHowing manner: CDBG CERTIFICATION OF LEVERAGE Attadmwnt 1 4) Approve an Antidisplacement Plan for the #11946 CDSG Street Improvement Program. 3) Authorize the Mayor to sign the Environmental Certification and Request for Release of Funds Request. 2) Make a Finding of No Significant Impact on the Environment for the #11946 CDSG Street Improvement Program Activity. 1) Designate the City's Chief Executive Officer, the Mayor, as the certifying officer under the National Environmental Policy Act of 1969 to assume overall responsibility for the environmental review process. REQUESTED AGENDA ITEMS: The City Council must take two additional, related, actions to request a Release of Funds for the project. One action is the approval of an Antidisplacement Plan for the project (even though no displacement of homes or businesses will occur). The second action is the approval of a Resolution committing $161,173.45 as a local match amount pledged by the City in the project application. The INCOG staff recommends that the City Council take the following actions: As a part of the requirements of the CDBG Community Development Project, the City of Owasso must show that it has met environmental regulations by preparing an Environmental Review Record. INCOG staff has prepared the Environmental Review Record for the above referenced project and has determined that the project will have no significant effect on the environment Several council actions must be taken to document this determination. Those are expressed below in the form of proposed agenda items. SEPTEMBER :2005 TO: ERIC WILES-CITY ARMSTRONG ~ INCOG RE: ENVIRONMENTAL CDBG -, IMPROVEMENTS MEMORANDUM Part 1 - Summary and Signatures Part 2 - General Terms and Conditions Attachment Ae Scope of Services CONTRACT COMPONENTS: City Clerk Secretary Attest: Attest: Date: Date: Mayor, Craig Thoendel Chair ofthe Board CITY OF OWASSO INDIAN NATIONS COUNCIL OF GOVERNMENTS To Issue Payment or Notice: Mayor Craig Thoandal City of Ow as so III N. Main Ov/asso, OK 74055 (918) 376-1500 (918) 272-4999 ewiles@dtyofowasso.oom To Submit Requisitions orN,Qtic_e: Andy Armstrong INCOG 201 W. 5th Street, Suite 600 Tulsa, OK 74103 (918) 584-7526 Fax: (918) 583-1024 aarmstrong@incog.org TERM OF CONTRACT: This agreement shall become effective on 9/9/05 and shall remain in effect through the "Funding Period", including extensions, of the FY 2005 Community Development Block Grant 11946 CDBG 05 between the Oklahoma Department of Commerce, State of Oklahoma and the City of Owasso. AMOUNT: $4,500,00 OW ASSO ADMINISTRATIVE SERVICES FOR 11946 CDBG 05 ~ THREE LAKES VILLAGE STREET IMPROVEMENTS CONTRACT TITLE: PART 1- SUMMARY AND SIGNATURES COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE SERVICES CONTRACT BETWEEN INCOG AND CITY OF OW ASSO 2 This CONTRACT is subject to modification as may be required by federal or state law or regulations. The work and services to be performed and the contract period may be modified only upon written agreement of both parties. MODIFICATIONS None of the work and services covered by this CONTRACT may be subcontracted without written consent of the CITY. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this CONTRACT. SUBCONTRACT NOTIFICATION PROVISION Subject to appropriation and disbursement of funds by the Oklahoma Department of Commerce~ and upon presentation by !NCOG cost vouchers and approval thereof by the CITY. the CITY will pay INCOG for the value of work performed for the completion of each month. It is expressly understood and agreed that in no event will the total compensation to be paid hereunder exceed the maximum sum of exceed Four Thousand Five Hundred Dollars ~~~~~-~----~($4,500.00) for all services rendered unless written amendments to this AGREEMENT are entered into by the parties hereto for modification of the Scope of Services as set forth in Part I of this AGREEMENT. A final voucher for claims arising under this AGREEMENT shan be submitted within thirty (30) days following the termination or expiration of this AGREEMENT. The CITY agrees to pay !NCOG as compensation for the services rendered Attachment A the total sum not to Four Thousand f'ive Hundred Dollars ~~ ----------($4,500.00). INCOG will be reimbursed on a monthly basis and will charge the CITY on an hourly basis for all services rendered. Such compensation shall be paid on the basis of the direct and indirect actual auditable costs incurred in performance of the Scope of Services as set forth in this AGREEMENT. !NCOG personnel shall receive compensation at a rate established for each class of personnel as set forth in the approved mCOG Budget and Salary Schedule for the fiscal year 2005. Such compensation shall be subject to adjustment in the total contract amount where monitoring reviews or audits indicate that personnel services were compensated at greater than reasonable rate; or where salary increases for individual personnel are authorized by the !NCOG Board of Directors. COMPENSA nON TERMS AND CONDITIONS PART:2 = GENERAL TERMS AND CONDITIONS 3 a. INCOG represents that it has, or v"ill secure at its own expense, all personnel required in performing the services under this contract. PERSONNEL INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from all claims and actions, and aU expenses defending same, that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by INCOG. INCOG shan, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from any claim or amount recovered as a result of infringement of patent, trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Law or any other law. In an agreement with any subcontractor or any agent for INCOG, INCOG will specify that such subcontract or agents shall hold harmless the State and City of Owasso. HOLD HARMLESS CLAUSE If any provision under this contract or its application to any person or circumstance is held invalid by any comt of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. SEVERABILITY CLAUSE !NCOG shall not assign any interest on this CONTRACT, and shan not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto: Provided, however, that claims for money by INCOG from the CITY under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. ASSIGNABILITY the event of any disagreement between the CITY and INCOG, relative to the provisions of this CONTRACT, the details of such disagreement shall be f01warded to the legal counsels of both parties for review and recommendation and such recommendation forwarded to the CITY Officers who shaH make determination. INTERPRETATION, REMEDIES 4 No member of the governing body of the CITY, and no other officer, employee, or agent of the CITY, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and INCOG shall take appropriate steps to assure compliance. CONFLICT OF INTEREST The CITY may terminate this contract at any time by giving at least 30 days notice in writing to INCOG. If the contract is terminated by the CITY as provided herein, INCOG will be paid for the time provided and all allowable expenses incurred up to the termination date, TERMrnNATION FORCONVENmNCE OF THE CnY Not withstanding the above, INCOG shall not be relieved of any liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by INCOG, and the CITY may withhold any payments to INCOG until such time as the exact amount of damages due the CITY from INCOG is determined. If, through any cause, INCOG shall fail to fulfill in a timely and proper manner its obligations under this contract, or if INCOG shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to INCOG of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination, In such event, INCOG shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by INCOG under this agreement shall become the property of the CITY. TERMINATION OF CONTRACT FOR CAUSE c. All of the services required hereunder will be performed by !NCOG Of under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. b. !NCOG has full responsibility for payment of any workers' compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. Such personnel shall not be employees of or have any contractual relationship with the CITY. INCOG shall comply with OMB circulars A-I 10 and A-122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. 5 INCOG shall assist the CITY in retaining aU books, documents, papers, records, and other materials involving aU activities and transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. INCOG shall, as often as deemed necessary by the CITY, permit authorized representatives of the CITY and its Auditors, the U.S. Department of Housing and Urban Development, the Federal or State Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. RECORDS AND AUDITS No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of INCOG. COPYRIGHT INCOG shall comply with all applicable laws, ordinances and codes of the state and local governments, and INCOa shall save the CITY harmless with respect to any damages arising from INCOa's performing any of the work embraced by this contract in violation of any applicable laws, ordinances and codes of the state and local governments. COMPLIANCE WITH LOCAL LAWS INCoa shall furnish the CITY narrative reports and financial reports related to the elements of this contract in the form and at such times as may be required by the CITY or federal and state grantor agencies. INCOG, at such times such as the may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, the costs and obligations incumxl or to be incurred in connection therewith and any other matters covered by this contract. AND INFORMATION INCOG covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. INCOG further covenants that in the performance of this agreement no person having any such interest shall be employed. INTEREST OF CONTRACTOR AND EMPLOYEES 6 e. INCOG will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY, the Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. d. INCOG will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. c. INCOG will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. b. INCOG will, in all solicitation or advertisements for employees placed by or on behalf ofINCOG, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. a. INCOG will not discriminate against any employee or applicant for employment because race, creed, sex, color, national origin, handicap or familial status. INCOG will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, or handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. INCOG agrees to post in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non~ discrimination clause. as fbllowing INCOG comply with assurances: EQUAL EMPLOYMENT OPPORTUNITY mCOG shall comply with all applicable anti~kickback regulations covered under Department of Labor Regulations 29 CPR, Part III. ANTI~KICKBACK REGULATIONS 7 J. II Section 311 Compliance in the Provision of Training, Employment and Business Opportunities Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 1. Civil Rights Act of 1964 !NCOG shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin, age or sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. h. Housing and Community Development Act of 1974, Section 109 !NCOG will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. !NCOG will take such action with respect to any subcontract or purchase order as the CITY, Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for non~compHance: Provided, however, that in the event !NCOG becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, !NCOG may request the United States to enter into such litigation to protect the interest of the United States. [ In the event of !NCOa's non-compliance with the equal opportunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and !NCOG may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8 4. INCOG will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. INCOG will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 3. INCOG will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants fOf employment or training. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 1. The work to be performed under this contract is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development through the Oklahoma Department of Commerce and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area the project. 9 !NCOG shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. REHABILITA TION ACT OF 1973, SECTION 504 !NCOG shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. AMERICANS WITH DISABILITIES ACT OF 1990 !NCOG shaH comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. AGE DISCRIMINATION ACT OF 1975 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable mles and orders of the Department issued hereunder prior to the execution of the contract, shall be condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor and subcontractors, its SUCC5essors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 10 B. Coordinate and prepare aU quarterly narrative reports for submittal to ODOC as required. Assist the CITY staff in the preparation of monthly expenditure reports for submittal to ODOC as required. A. Coordinate and prepare Requests for Payments to order funds for payment of CDBG expenses. 3. Requests for Payments and Monthly Reports E. Prepare and submit Request for Release of Funds and appropriate supporting documentation. D. Recommend a determination of finding(s) and level of impact to the City Council of the City of Ow as so. C. Prepare an Environmental Assessment of the project. B. Notify appropriate authorities of the project such as State Historic Preservation Officer, State of Oklahoma Archeological Society, State of Oklahoma Department of Environmental Quality, Environmental Protection Agency, etc. A. Prepare and publish all public notices. 2. Enyironmental Review Record Prepare and publish public hearing notices, organize presentation, and assist at any public hearings necessary (as in the event of program amendment). 1. t;onduct Public Hearing~ INCOG staff will perform the tasks listed below, keeping the City Owasso program progress during aU phases of the project. SERVICES ATTACHMENT 11 A. A Residential Antidisplacement and Relocation Assistance Plan will be prepared in compliance with the Uniform Relocation Act and submitted to ODOC for approval. 7. Residential Antidisplacementand RelQcatiQn Assistance Plan D. Assist the CITY in implementing a Fair Housing Program. C. Assist the CITY, if necessary, in responding to and resolving equal opportunity complaints. B Maintain record of public hearings and other opportunities for citizens to participate in program performance and completion. A. Develop and coordinate a continuing citizen participation/equal opportunity planning process. 6. Citizen Participation/Equal Opportunity/Fair Housing B. Assist the CITY staff in maintaining compliance with an applicable federal, state, and local regulations in the project files. A. Establish project files which contain aU source documentation and assist the CITY staff in file maintenance. 5. ~~le D. Assist the CITY staff to ensure compliance with generally accepted accounting principles in bookkeeping. Maintain additional financial records and property inventories, as required. Assist the development and supervision procedures maintenance supporting source including appropriate journals and ledgers. Assist in the monitoring funds on hand with onoc, l''inancial Management C. Coordinate and prepare the initial Performance and Expenditure Projection form for submittal to OODC as required and any revisions or modifications, as necessary, during the length of the project. 12 B. Assist the CITY in the resolution of audit questions, if any. A. Assist the CITY in preparation and submittal of project close-out documents to ODOC, including Project Completion Report, Final Expenditure Report, Final Wage Compliance Report and Certificates of Completion. 9. Project Close-o~Jt 10. Assist the CITY in ODOC monitoring visit related to project activities and provide assistance in resolving monitoring issues, if any. 9. Assist the CITY and project engineer with partial and final pa.yment requests from construction contractor. 8. Conduct on-site interviews and verifY results with payroll reports. 7. Secure construction contractor's weekly payroll reports and ensure compliance with wage rates. Monitor contractor compliance with applicable regulations, such as Davis-Bacon wage rates and equal opportunity. 5. Assist the CITY and project engineer in conducting a preconstruction conference, Obtain Assist the for completeness. 2. wage rates ODOC and include bid packet. 1. Assist the CITY staff in reviewing plans, specifications and contract documents to meet ODOC requirements. A. Bidding/Construction Phase 8. Three Lakes Village Street Improv~ments