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HomeMy WebLinkAbout2011.06.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Regular I JUN 2011 DATE: June 21, 2011 TIME: 6:30 p.m. CKY clews o fi PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, June 17, 2011. Sherry Bishop 4&y Clerk AGENDA Call to Order Mayor Doug Bonebrake 2. Invocation Reverend Nathan Burns, Silver Creek Church of Nazarene 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011 -04, adopting the FY 2011 -2012 annual operating budget. Mr. Ray Attachment # 5 Staff recommends City Council approval of Resolution No. 2011-04. 6. Consideration and appropriate action relating to a request for City 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 June 7, 2011 Regular Meeting and the June 14, 2011 Special Meeting. Attachment # 6 -A B. Approval of Claims. Attachment # 6 -B C. Acknowledge receipt of the monthly FY 2010-11 budget status report. Attachment # 6 -C Owasso City Council June 21, 2011 Page 2 D. Authorization to discharge fireworks and approval of a public fireworks display to be conducted on July 1, 2011 free of charge to the public and sponsored by the City of Owasso in celebration of Independence Day. Attachment # 6 -D E. Authorization to discharge fireworks and approval of a public fireworks display to be conducted on June 30, 2011 free of charge to the public and sponsored by Stone Canyon in celebration of Independence Day. Attachment # 6 -E F. Approval and authorization for payment of the court - ordered workers' compensation settlement for Robert Williams in the total amount of $42,750. Attachment # 6 -F 7. Consideration and appropriate action relating to items removed from the Consent Agenda. 8. Consideration and appropriate action relating to a request for City Council approval of budget amendments for Fiscal Year 2010 -2011. Ms. Hess Attachment # 8 Staff recommends City Council approval of a budget amendment in the General Fund, increasing estimated revenues by $704,743 and the appropriation for expenditures by $717,668; a budget amendment in the Cemetery Care Fund, increasing estimated revenues by $725; a budget amendment in the General Liability- Property Self- Insurance Fund, increasing estimated revenues and the appropriation for expenditures by $38,000; a budget amendment in the Ambulance Service Fund, increasing estimated revenues by $92,000 and the appropriation for expenditures by $16,200; a budget amendment in the Ambulance Capital Fund, increasing estimated revenues by $14,000; and a budget amendment in the Fire Capital Fund, increasing estimated revenues by $2,200. 9. Consideration and appropriate action relating to a request for City Council acceptance of a donation from the Owasso Senior Citizens Foundation, and approval of a budget amendment in the General Fund. Ms. Kirby Attachment # 9 Staff recommends City Council acceptance of a donation from the Owasso Senior Citizens Foundation in the amount of $1,998; and approval of a budget amendment in the General Fund, increasing the estimated revenues and the appropriation for expenditures by $1,998 for the purchase of chairs at the Owasso Community Center. 10. Consideration and appropriate action relating to a request for City Council approval of the 2011 -12 contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789, and authorization for the Mayor to execute the contract. Ms. Dempster Attachment # 10 Staff recommends City Council approval of the 2011 -12 contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789, and authorization for the Mayor to execute the contract. Owasso City Council June 21, 2011 Page 3 11. Consideration and appropriate action relating to a request for City Council acceptance of the Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Mr. Clark Attachment # 1 1 Staff recommends City Council approval of the SAFER Grant, for the funding of six (6) additional career firefighters. 12. Consideration and appropriate action relating to a request for City Council approval of the Bailey Medical Campus final plat. Mr. Stephenson Attachment # 12 Staff recommends City Council approval of the Bailey Medical Campus final plat. 13. Consideration and appropriate action relating to a request for City Council approval of Specific Use Permit (SUP) 11 -01, approving the application to develop an automotive repair and service business at the southwest corner of the intersection of Garnett Road and East 96th Street North. Mr. Stephenson Attachment # 13 Staff recommends City Council approval of SUP 11-01. PUBLIC HEARING 14. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input relating to projects to be funded by the Community Development Block Grant. Mr. Fritschen Attachment # 14 A public hearing will be held for the purpose of receiving comments and citizen input regarding a recommendation from City staff to use Community Development Block Grant funds for improvements to the Owasso Skate Park, as well as to accept comments and recommendations for the use of CDBG funds on other proposed projects. 15. Consideration and appropriate action relating to a request for City Council approval of an Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso; authorization for the Mayor to execute the agreement; and authorization for the City Manager to terminate the agreement if revised cost estimates submitted by ONG no longer fit within the City budget. Mr. Stevens Attachment # 15 Staff recommends City Council approval of an Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso for the East 106th Street North and Garnett Road Intersection Improvement Project; authorization for the Mayor to execute the agreement; and authorization for the City Manager to terminate the agreement if revised cost estimates submitted by ONG become more than $110,495 prior to commencement of construction and it is determined by the City Manger that the revised estimate no longer fits within the City budget. Owasso City Council June 21, 2011 Page 4 16. Consideration and appropriate action relating to a request for City Council to award the 2010 -2011 Pavement Striping Project contract. Mr. Stevens Attachment # 16 Staff recommends City Council award the 2010-2011 Pavement Striping Project contract, including the base project and five (5) alternate projects, to Road Safe Traffic Systems, Inc. in the amount of $51,938.20. 17. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 990, relating to Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses Generally, Chapter 3, Billiards, and Chapter 5, Penalty of the Owasso Code of Ordinances. Ms. Lombardi Attachment # 17 Staff recommends City Council approval of Ordinance No. 990. 18. Consideration and appropriate action relating to City Council approval of the Mayor's appointments to various Boards and Commissions. Mayor Bonebrake Attachment # 18 The Mayor will recommend Council confirmation of appointments to the various City Boards and Commissions. 19. Report from City Manager. 20. Report from City Attorney. 21. Report from City Councilors. 22. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 23. Adjournment. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: Resolution No. 2011 -04 FY 2011-2012 Annual Operating Budget DATE: June 17, 2011 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, OPGA Fund and other funds has been developed and was transmitted for City Council review on Monday, May 9, 2011. The proposed budget was discussed during the May and June Council workesssions. Printed copies of the proposed budget have been available for public viewing at City Hall and the Owasso Library. In addition, the proposed budget was posted on the City's website and has been accessed approximately 300 times. On June 2, 2011, legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on June 7, 2011. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget and the City Council heard from twenty -one residents. A summary of the comments and questions received during the public hearing were posted on the city's website the following day and notices of the publication were sent using various forms of social media. State statutes require adoption of an annual budget through a resolution no later than seven days prior to the beginning of the new budget year (Title 11, Section 17- 209A). Resolution No. 2011 -04 with "Attachment A" (budget summary) provides for the adoption of a fiscal year budget for the General Fund and other funds of the city. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2011-04 adopting a Fiscal Year 2011- 2012 budget for the General Fund and all other funds of the City. ATTACHMENT: Resolution No. 2011 -04 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2011 -04 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL BUDGET FOR FISCAL YEAR 2011 -2012 FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; ESTABLISHING LEVELS OF EXPENDITURES BY DEPARTMENT AND ESTABLISHING BUDGET AMENDMENT AUTHORITY AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS: The City of Owasso has adopted the provisions of the Oklahoma Municipal Budget Act (the Act); and WHEREAS: The City Manager has prepared a budget for the fiscal year ending June 30, 2012 (FY 2011-2012) consistent with the Act; and WHEREAS: The Act provides for the City Manager, or designee, to transfer any unexpended and unencumbered appropriation from one department to another within the same fund; and WHEREAS: The budget has been formally presented to the Owasso City Council at least 30 days prior to the start of the fiscal year in compliance with the Act; and WHEREAS: The Owasso City Council published notice of a Public Hearing, and conducted the Public Hearing on June 7, 2011, in compliance with the Act. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: THAT: The City Council of the City of Owasso does hereby adopt the FY 2011-2012 Budget with total resources available in the amount of $44,676,519 and total fund /departmental appropriations in the amount of $44,676,519; legal appropriations are hereby established as shown on "Attachment A" for each fund and department; and THAT: The encumbrances and unexpended appropriation balances for capital projects in the Capital Improvements Fund and CDBG Fund for Fiscal Year 2010 -2011 be and the same are hereby reappropriated to the same funds, accounts and for the same purposes for Fiscal Year 2011 -2012 unless the project or purpose is designated or declared closed or completed; and THAT: The effective date of this Resolution shall be July 1, 2011. APPROVED AND ADOPTED this 2111 day of June, 2011 by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Attachment A Res. 2011 -04 City Resolution No. 2011 -04 Budget Summary - Fiscal Year 2011 -2012 Appropriation by Fund & Department General Fund -- Municipal Court 216,834 Managerial 803,068 Finance 563,754 Human Resources 351,379 General Government 462,500 Information Technology 537,106 Support Services 384,883 Community Development 475,305 Police Services 4,640,816 Police Communications 804,540 Animal Control 139,732 Fire Services 3,969,137 Emergency Preparedness 139,477 Engineering 580,228 Streets 1,017,461 Stormwater 444,340 Cemetery 7,900 Parks 570,566 Community Center 169,067 Historical Museum 24,400 Economic Development 114,095 Interfund Transfers Out 17,965,700 Ambulance Service Fund -- Ambulance Operations 1,163,921 Interfund Transfers Out 226,700 Ambulance Capital Fund -- Ambulance Operations 52,800 Public Safety Capital Fund -- Police & Fire Services 483,625 E -911 Fund -- Police Communications 215,869 Cemetery Care Fund -- Cemetery 2,700 Emergency Siren Fund -- Emergency Preparedness 7,500 Juvenile Court Fund -- Juvenile Court 2,000 Hotel Tax Fund -- Economic Development 35,880 Strong Neighborhoods 94,241 Stormwater Management Fund -- Stormwater 1,098,747 Interfund Transfers Out 235,900 Capital Improvements Fund -- Streets 1,391,322 Park Development Fund -- Parks 6,000 CDBG Fund -- Parks 108,000 City Garage Fund -- Vehicle Maintenance 359,625 Workers' Comp Self -Ins Fund -- General Government 506,000 Interfund Transfers Out 86,400 Gen Liability Property Self -Ins Fund -- General Government 200,000 Healthcare Self Ins Fund -- General Government 3,898,000 Sinking Fund -- General Government 119,001 Total Appropriation $ 44,676,519 OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 7, 2011 The Owasso City Council met in regular session on Tuesday, June 7, 2011 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, June 3, 2011. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. I� u f !� I ►1 �[ i Z� L• � 1[� 7 The invocation was offered by Pastor Linzy Slayden of Friendship Baptist Church. IIUKUTB���0Z.n�Ij� Councilor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor None Bryan Stovall, Vice Mayor Steve Cataudella, Councilor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF HUMILITY Chris Kelley, a member of the Owasso Character Council, presented to the City Council "Humility," the Character Trait of the Month for June, 2011. ITEM 6. PRESENTATION OF THE MAYOR'S PROCLAMATION Mayor Bonebrake presented a proclamation declaring the month of July, 2011 to be Genealogy History Month in the City of Owasso. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 17, 2011 Regular Meeting. B. Approval of Claims. C. Approval of Ordinance No. 987, approving OZ 11 -02, a request to rezone a 2.431 acre tract located in the northeast quarter of Section 29, Township 21 Owasso City Council June 7, 2011 North, Range 14 East from Residential Single Family (RS -3) District to an Office Light (OL) District. D. Approval of Ordinance No. 988, a request to close 3,140 square feet of a utility easement in the Lake Valley IV development between Lot 23, Block 3 and Lot 1, Block 9. E. Approval of Ordinance No. 989, a request to close the right of way for 7,767 square feet of 110th Street North lying between Block 3 and Block 9 of the Lake Valley IV Development, Mr. Brown moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $301,405.17. Also included for review were the healthcare self- insurance claims report and payroll payment report for pay period 05/21 /11. YEA; Stovall, Cataudella, Bonebrake, Ross, Brown NAY; None Motion carried 5 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 9. THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING COMMENTS AND INPUT REGARDING THE OWASSO FISCAL YEAR 2011- 2012 ANNUAL BUDGET PROPOSAL Mr. Ray presented the FY 2011 -2012 Annual Budget Proposal. Mr. Bonebrake opened the Public Hearing to receive citizen comments and input at 6;55 p.m. Twenty one (21) persons spoke relating to the Budget Proposal. Mr. Bonebrake closed the Public Hearing at 8;03 p.m. ITEM 10. DISCUSSION RELATING TO THE FY 2011 -2012 ANNUAL BUDGET PROPOSAL Discussion was held relating to the FY 2011 -2012 Annual Budget Proposal, ITEM 11. REPORT FROM CITY MANAGER Mr. Ray provided a report on recent City events and activities. ITEM 12. REPORT FROM CITY ATTORNEY No report. ITEM 13. REPORT FROM CITY COUNCILORS Members of the City Council provided a report on recent City Council and community events and activities. ITEM 14. NEW BUSINESS 1►= 2 Owasso City Council ITEM 15, ADJOURNMENT Mr. Ross moved, seconded by Mr, Brown, to adjourn the meeting. YEA: Stovall, Cataudella, Bonebrake, Ross, Brown NAY: None Motion carried 5 -0 and the meeting was adjourned at 8:36 p.m. Klan Kamas, Minute Clerk June 7, 2011 Doug Bonebrake, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, June 14, 2011 The Owasso City Council met in a special meeting on Tuesday, June Chambers at Old Central, 109 N. Birch Street, per the Notice of Public posted on the City Hall bulletin board at 5:00 PM on Friday, June 10, 2011, ITEM 1: CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:01 PM. PRESENT ABSENT Doug Bonebrake, Mayor None Bryan Stovall, Vice Mayor Steve Cataudella, Councilor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present. 14, 2011 in the Council Meeting and Agenda ITEM 2: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A, PROPOSED ORDINANCE - AMENDING PART 9, BUSINESS LICENSING AND RELATING TO SOLICITORS AND MOBILE FOOD VENDORS B. ACCEPTANCE OF DONATION FROM THE OWASSO SENIOR CITIZENS FOUNDATION AND APPROVAL OF BUDGET AMENDMENT IN THE GENERAL FUND C. PROPOSED SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR END (2011) Ms. Bishop presented information regarding A) proposed amendments to Part 9 of the Owasso Code of Ordinances relating to Solicitors and Mobile Food Vendors; B) the acceptance of a donation and subsequent budget amendment for the purchase of chairs at the Community Center; and C) proposed supplemental appropriations for the fiscal year end 2011, Ms. Bishop further explained that each item would be placed on the June 21, 2011 City Council agenda for consideration and appropriate action. ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS A. FINAL PLAT - BAILEY DIALYSIS CENTER B. SPECIFIC USE PERMIT (SUP) 11 -01 - CHRISTIAN BROTHERS AUTOMOTIVE C. PROPOSED AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA NATURAL GAS (ONG) RELATING TO UTILITY RELOCATION FOR THE 106TH AND GARNETT INTERSECTION IMPROVEMENT PROJECT D. PROPOSED AGREEMENT BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND OWASSO LAND TRUST RELATING TO THE MEADOWCREST RELIEF LINE E. ACCEPTANCE OF DONATION AND BID REVIEW FOR THE EXTERIOR PAINTING OF US HIGHWAY 169 WATER TOWER F. BID REVIEW - STREET STRIPING CONTRACT A) Mr, Fritschen presented information relating to the Bailey Dialysis Center final plat; B) Mr. Fritschen presented information relating to SUP 11 -01 for Christian Brothers Automotive; C) Mr. Stevens presented information relating to an agreement between the City of Owasso and ONG for the relocation of utilities for the 106th and Garnett Intersection Improvement Project; D) Mr. Stevens presented information relating to a proposed agreement between the OPWA and OLT Owosso City Council June 14, 2011 relating to the Meadowcrest Relief Line; E) Mr. Stevens presented information relating to the acceptance of a donation and the award of a bid for the exterior painting of the US Highway 169 Water Tank (Ram Tank); and F) Mr. Stevens presented information relating to the 2011 Street Striping contract and bid review. Mr. Ray further explained that each item would be placed on the June 21, 2011 City Council or Public Works Authority agenda for consideration and appropriate action. ITEM 4: DISCUSSION RELATING TO CITY MANAGER ITEMS A. PROPOSED CONTRACT BETWEEN THE CITY OF OWASSO AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) FOR FISCAL YEAR 2012 B. PROPOSED GRANT ACCEPTANCE - DEPARTMENT OF HOMELAND SECURITY STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT C. 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND PROJECTS D. DISCUSSION RELATING TO THE BAILEY RANCH /SAWGRASS DETENTION POND E. DISCUSSION RELATING TO POLICY ON HOA POND MANAGEMENT F. DISCUSSION RELATING TO FY 11-12 BUDGET PROPOSAL G. DISCUSSION RELATING TO CITIZEN BOARD AND COMMITTEE APPOINTMENTS H. CITY MANAGER REPORT 1.SALES TAX REPORT A.) Ms. Dempster presented information relating to the FY 2012 contract between the City of Owasso and IAFF; B.) Mr. Clark presented information relating to the proposed acceptance of a SAFER Grant. Discussion was held; C) Mr. Fritschen presented information relating to the 2011 Community Development Block Grant (CDBG) application, noting that a Public Hearing would be held at the upcoming City Council meeting relating to proposed and other possible projects. Discussion was held; D.) Mr. Ray presented information relating to the Bailey Ranch /Sawgrass Detention Pond; E.) Mr. Stevens presented a preliminary framework for a City policy on HOA pond management and noted that more discussion would take place on the policy at future Council work sessions. Discussion was held; F.) Mr. Ray opened the floor for discussion on the FY 11 -12 Budget Proposal. Discussion was held; G.) Mr. Ray presented information relating to Citizen Board and Committee appointments. Discussion was held; H.) Mr. Ray provided information on the most recent sales tax receipts. ITEM 5: REPORT FROM CITY COUNCILORS No Report. Owasso City Council ITEM b: ADJOURNMENT Mr. Stovall moved for adjournment, seconded by Mr. Cataudella. YEA: Ross, Bonebrake, Cataudella, Stovall, Brown NAY: None Motion carried 5 -0. Meeting adjourned at 9:31 PM. Klan Kamas, Minute Clerk 3 Doug Bonebrake, Mayor June 14, 2011 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL AEP /PSO STREET LIGHTS 15.06 TREASURER PETTY CASH CC REFUND /STUART 50.00 TREASURER PETTY CASH CC REFUND /HALSEY 50.00 TREASURER PETTY CASH CC REFUND /CORBIN 50.00 TREASURER PETTY CASH CC REFUND /MITCHELL 50.00 TREASURER PETTY CASH CC REFUND /LAMBERT 50.00 TREASURER PETTY CASH CC REFUND /DUKES 50.00 TREASURER PETTY CASH CC REFUND /HALL 50.00 TREASURER PETTY CASH CC REFUND /HALL 150.00 AEP /PSO ELECTRIC USE 213.56 TREASURER PETTY CASH CC REFUND/WILLIAMS 50.00 TOTAL GENERAL 778.62 MANAGERIAL SAV -ON PRINTING & SIGNS LLC PRINTING SERVICES 40.00 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 259.78 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 101.30 TREASURER PETTY CASH MEETING EXPENSE 6.50 JPMORGAN CHASE BANK PIKEPASS -FEES 11.60 CITY GARAGE OVERHEAD /LABOR - MAY, 201 41.67 TOTAL MANAGERIAL 460.85 FINANCE CITY GARAGE OVERHEAD /LABOR - MAY, 201 41.67 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 64.93 JPMORGAN CHASE BANK OFFICE DEPOT - LABELER 36.99 TOTAL FINANCE 143.59 HUMAN RESOURCES JPMORGAN CHASE BANK CHARACTER - BULLETINS 37.65 JPMORGAN CHASE BANK CLAREMORE DAILY - ADVERT 61.95 TREASURER PETTY CASH CHAMBER LUNCH 20.00 JPMORGAN CHASE BANK TULSA WORLD- ADVERTISING 971.44 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 TOTAL HUMAN RESOURCES 1,318.04 HR - CHARACTER INITIATIVE JA N Z SIGNS & SHIRTS, INC ICHARACTER INITIATIVE 440.00 TOTAL HR - CHARACTER INITIATIVE 440.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK OFFICE DEPOT - SHREDDER OIL 34.99 JPMORGAN CHASE BANK OFFICE DEPOT -PAPER 59.96 CINTAS CORPORATION CARPET/ MAT CLEANING 33.69 TITUS HILLIS & REYNOLDS, P.C. LEGAL SERVICES - PERSONNEL 5,834.38 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - PERSONNEL 135.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - PERSONNEL 1,080.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - PERSONNEL 5,574.29 Page 1 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - PERSONNEL 213.75 AEP /PSO ELECTRIC USE 3,620.00 HEARTLAND CONSULTING, INC CONSULTING FEES FY11 10,500.00 TREASURER PETTY CASH FILING FEES 30.00 JPMORGAN CHASE BANK AMER WASTE- REFUSE SERV 141.51 IKON OFFICE SOLUTIONS, INC OFFICE SUPPLIES 38.00 ATKINSON, HASKINS, NELLIS, LEGAL SERVICES 99.52 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 306.44 CINTAS CORPORATION CARPET/ MAT CLEANING 33.69 TULSA COUNTY CLERK FILING FEES 103.00 CITY OF OWASSO SELF - INSURANCE FEES 18,000.00 TOTAL GENERAL GOVERNMENT 45,838.22 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK CVS- BATTERIES 8.66 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 260.32 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 CITY GARAGE OVERHEAD /LABOR - MAY, 201 125.00 TOTAL COMMUNITY DEVELOPMENT 453.98 ENGINEERING FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 464.29 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNITED STATES CELLULAR CORPORATION CELL PHONES 117.10 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 CITY GARAGE OVERHEAD /LABOR - MAY, 201 166.67 TOTAL ENGINEERING 774.46 INFORMATION TECHNOLOGY CITY GARAGE OVERHEAD /LABOR - MAY, 201 41.67 JPMORGAN CHASE BANK PIKEPASS -FEES 7.80 VERIZON WIRELESS GOBI CHIPS 76.02 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 50.24 JPMORGAN CHASE BANK ISSUU- YEARLY SUBSCRIPTION 228.00 TOTAL INFORMATION TECHNOLOGY 403.73 SUPPORT SERVICES FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 475.59 VERIZON WIRELESS GOBI CHIPS 73.49 JPMORGAN CHASE BANK PIKEPASS -FEES 2.80 CITY GARAGE OVERHEAD /LABOR - MAY, 201 166.67 COX COMMUNICATIONS INTERNET SVCS - OC BLDG 69.95 OKLAHOMA DEPARTMENT OF LABOR INSPECTION OF BOILER 25.00 JPMORGAN CHASE BANK WALMART -PD AIR FRESHENER 4.88 JPMORGAN CHASE BANK LOWES- CLEANING SUPPLIES 10.97 JPMORGAN CHASE BANK RADIOSHACK -PARTS 23.27 JPMORGAN CHASE BANK LOWES -PAINT SUPPLIES 83.40 Page 2 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... OKLAHOMA DEPARTMENT OF LABOR INSPECTION OF BOILER 25.00 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 207.16 JPMORGAN CHASE BANK LOWES- ADHESIVE 5.91 JPMORGAN CHASE BANK LOWES -PAINT SUPPLIES 8.44 TOTAL SUPPORT SERVICES 1,182.53 CEMETERY L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 AEP /PSO ELECTRIC USE 39.12 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 112.61 JPMORGAN CHASE BANK GREEN CO SEPTIC - RESTROOMS 65.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 35.10 TOTAL CEMETERY 521.83 POLICE SERVICES YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 40.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 39.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 175.00 OKLAHOMA GANG INVESTIGATORS GANG INVESTIGATOR CLASS 450.00 TRUMAN MAXEY TUITION REIMBURSEMENT 267.00 GREEN COUNTRY INVESTIGATIONS POLYGRAPH 150.00 TREASURER PETTY CASH TRAINING EXPENSE 52.25 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,244.80 JPMORGAN CHASE BANK WALMART- SUPPLIES 30.79 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 11,578.50 CITY GARAGE OVERHEAD /LABOR - MAY, 201 4,666.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 160.66 JPMORGAN CHASE BANK CHECKPOINT BEVERAGES 21.95 AEP /PSO ELECTRIC USE 2,474.55 JPMORGAN CHASE BANK VIEVU -BODY CAMERAS 31,610.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 20.29 TREASURER PETTY CASH AMMO 82.12 TREASURER PETTY CASH TRAVEL/TRAINING EXPENSES 122.47 JPMORGAN CHASE BANK DEPT OF MILITARY - TRAINING 60.00 JPMORGAN CHASE BANK SAFARILAND- SUPPLIES 230.37 JPMORGAN CHASE BANK NSU -EVENT FEE 25.00 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 3,703.66 JPMORGAN CHASE BANK OWASSO FITNESS - MEMBERSHP 120.00 JPMORGAN CHASE BANK PIKEPASS -FEES 81.89 JPMORGAN CHASE BANK FEDEX- SHIPPING 27.88 Page 3 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description jPayment Amounl TOTAL POLICE SERVICES 57,434.85, POLICE COMMUNICATIONS JPMORGAN CHASE BANK LOWES -HEX BOLTS /NUTS 1.81 AEP /PSO ELECTRIC USE 160.88 JPMORGAN CHASE BANK OLETS TRAINING /HENRY 252.00 TREASURER PETTY CASH NOTARY FEE 20.00 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 JPMORGAN CHASE BANK WALMART- PRISONER MEALS 241.56 TOTAL POLICE COMMUNICATIONS 1,126.25 ANIMAL CONTROL VERIZON WIRELESS GOBI CHIPS 76.02 JPMORGAN CHASE BANK WALMART -MULCH 8.94 JPMORGAN CHASE BANK ZOETEK- SUPPLIES 27.11 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 101.40 JPMORGAN CHASE BANK WALMART- SHELTER SUPPLIES 207.00 JPMORGAN CHASE BANK ATWOODS -FAN 167.34 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 239.44 CITY GARAGE OVERHEAD /LABOR - MAY, 201 166.67 AEP /PSO ELECTRIC USE 258.68 JPMORGAN CHASE BANK MED VET - SUPPLIES 73.04 JPMORGAN CHASE BANK STAPLES -PHONE 135.63 JPMORGAN CHASE BANK HORSE WAREHOUSE- VACCINES 205.47 TOTAL ANIMAL CONTROL 1,666.74 FIRE SERVICES JPMORGAN CHASE BANK EQUIPMENT ONE - SHARPENING 10.00 JPMORGAN CHASE BANK FERRARA FIRE - LADDER PARTS 351.40 JPMORGAN CHASE BANK OWASSO FITNESS- M EMBERS HP 375.00 JPMORGAN CHASE BANK UNITED ENGINES - CREDIT - 108.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR FIRE STATION 45.00 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 106.52 JPMORGAN CHASE BANK ADVANCE AUTO -BRAKE LIGHT 5.99 JPMORGAN CHASE BANK MAC SYSTEMS - BATTERIES 248.44 AEP /PSO ELECTRIC USE 2,794.89 CITY GARAGE OVERHEAD /LABOR - MAY, 201 1,166.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 587.01 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 2,187.27 JPMORGAN CHASE BANK OFFICE DEPOT -TONER 57.48 VERIZON WIRELESS GOBI CHIPS 114.03 JPMORGAN CHASE BANK OVERHEAD DOOR -ST2 REPAIR 621.75 JPMORGAN CHASE BANK LOWES -FANS 79.94 DAVID W NICHOLS HYDRAULIC OIL 37.00 TOTAL FIRE SERVICES 8,680.39 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELEC BILLS 20.40 Page 4 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELEC BILLS 20.40 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELEC BILLS 20.40 AEP /PSO ELECTRIC USE 108.99 JPMORGAN CHASE BANK ENVIRON HAZARD - TESTING 20.00 JPMORGAN CHASE BANK WALMART -FANS 29.76 TOTAL EMERGENCY PREPAREDNESS 219.95 STREETS JPMORGAN CHASE BANK FLEETPRIDE - STROBELIGHTS 350.00 JPMORGAN CHASE BANK BUMPER TO BUMPER - SUPPLIES 31.99 JPMORGAN CHASE BANK MICHAEL TODD -PLOW BLADES 1,373.60 JPMORGAN CHASE BANK OWASSO FENCE - REPAIR CAPS 57.50 AEP /PSO ELECTRIC USE 1,267.34 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 156.94 SHERWOOD CONSTRUCTION CO, INC CONCRETE 415.25 ANCHOR STONE COMPANY ROCK 86.42 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR DRESS UPS 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR DRESS UPS 45.00 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 1,784.64 JPMORGAN CHASE BANK OWASSO LUMBER - SUPPLIES 25.11 JPMORGAN CHASE BANK OWASSO LUMBER - SUPPLIES 20.66 JPMORGAN CHASE BANK EQUIPMENT ONE - PROPANE 152.22 SHERWOOD CONSTRUCTION CO, INC CONCRETE 377.50 SHERWOOD CONSTRUCTION CO, INC CONCRETE 339.75 SHERWOOD CONSTRUCTION CO, INC CONCRETE 435.00 ANCHOR STONE COMPANY AGGREGATE BASE 162.78 ANCHOR STONE COMPANY AGGREGATE BASE 254.04 JPMORGAN CHASE BANK VANCE BROS -TACK OIL 94.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES 37.09 AEP IPSO STREET LIGHTS 5,309.94 CITY GARAGE OVERHEAD /LABOR - MAY, 201 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 35.39 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 ROADSAFE TRAFFIC SYSTEMS, INC BARRICADE RENTAL 109.20 SIGNALTEK INC MAY SIGNAL MAINTENANCE 2,693.34 TULSA ASPHALT, LLC ASPHALT 78.45 TULSA WORLD BID ADVERTISEMENT 316.50 OWASSO FENCE CO SIGN POSTS 960.00 OWASSO FENCE CO WHITE FENCE REPAIRS 600.00 TOTAL STREETS 20,294.82 STORMWATER JPMORGAN CHASE BANK SCIECA- CONFERENCE FEE 350.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR DRESS UPS 45.00 WORKHEALTH SOLUTIONS, LLC HEPITITIS A & B VACCINES 40.55 JPMORGAN CHASE BANK LOWES- SUPPLIES 4.51 Page 5 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni STORMWATER... JPMORGAN CHASE BANK LOWES -ROUND FENCE FORM 11.96 UNIFIRST HOLDINGS LP UNIFORM SERVICES 40.51 CITY GARAGE OVERHEAD /LABOR - MAY, 201 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 40.51 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 1,552.91 JPMORGAN CHASE BANK LOWES -PIPE REPAIR PARTS 41.91 JPMORGAN CHASE BANK LOWES -PIPE REPAIR PARTS 36.32 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 301.27 JPMORGAN CHASE BANK EQUIPMENT ONE- RENTAL 36.00 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 31.00 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 36.00 JPMORGAN CHASE BANK GELLCO - SAFETY BOOTS 116.99 JPMORGAN CHASE BANK WINFIELD- SPRAYER 115.00 JPMORGAN CHASE BANK P & K EQUIPMENT -OIL 203.52 TOTAL STORMWATER 4,170.63 PARKS CITY GARAGE VEHICLE/TRUCK PARTS & OUT 51.25 AEP /PSO ELECTRIC USE 1,710.53 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 613.22 TUCKER CHEMICAL, INC. RESTROOM SUPPLIES 534.25 CITY GARAGE OVERHEAD /LABOR - MAY, 201 250.00 JPMORGAN CHASE BANK P &K EQUIP - WEEDEATER LINE 37.99 TOTAL PARKS 3,197.24 COMMUNITY CENTER TREASURER PETTY CASH TRAVEL EXPENSE /KIRBY 143.58 JPMORGAN CHASE BANK JOHNSTONE -A/C BELT 14.01 JPMORGAN CHASE BANK BLUEGRASS VOICE - PHONES 291.00 JPMORGAN CHASE BANK WALMART- SUPPLIES 50.62 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 396.38 CITY GARAGE OVERHEAD /LABOR - MAY, 201 41.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 147.17 AEP /PSO ELECTRIC USE 1,228.23 JPMORGAN CHASE BANK WORLEY'S -TAX REFUND -1.29 JPMORGAN CHASE BANK WORLEY'S- FERTILIZER 17.56 JPMORGAN CHASE BANK TUCKER JANITORIAL - SUPPLIE 59.75 TOTAL COMMUNITY CENTER 2,388.68 HISTORICAL MUSEUM AEP /PSO ELECTRIC USE 153.75 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 107.47 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 20.00 TOTAL HISTORICAL MUSEUM 281.22 ECONOMIC DEV FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 55.09 CITY GARAGE OVERHEAD /LABOR - MAY, 201 41.67 Page 6 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni ECONOMIC DEV... JPMORGAN CHASE BANK WEBSCRIBBLE- HOSTING 19.99 JPMORGAN CHASE BANK OEDA MEETING EXPENSE 10.63 JPMORGAN CHASE BANK MEETING EXPENSE 10.63 TOTAL ECONOMIC DEV 138.01 FUND GRAND TOTAL 151,914.6 AMBULANCE SERVICE BRADY CRAWFORD AMBULANCE REFUND 25.00 INGENIX SUBROGATION SERVICES AMBULANCE REFUND 608.25 RAYMOND MARSHALL AMBULANCE REFUND 723.75 UNITED HEALTHCARE AMBULANCE REFUND 881.11 AMERICAN MUNICIPAL SERVICES CORP. 6. COLLECTION SERVICES 195.12 TOTAL AMBULANCE SERVICE 2,433.23 AMBULANCE MEDICAL COMPLIANCE SPECIALTY INC MEDICAL WASTE DISPOSAL 57.00 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 2,189.44 CITY GARAGE OVERHEAD /LABOR - MAY, 201 1,000.00 JPMORGAN CHASE BANK OREILLY -MEDIC 3 PARTS 8.58 CITY GARAGE VEHICLE/TRUCK PARTS & OUT 1,355.73 JPMORGAN CHASE BANK PSI - SUPPLIES 50.96 TOTAL AMBULANCE 4,661.71 FUND GRAND TOTAL 7,094.9 E911 COMMUNICATIONS INCOG-E911 INCOG MAPPING /MAINTENANC 21487.14 AT &T E911 MAPPING FEES - JUNE 355.35 JPMORGAN CHASE BANK TOTAL RADIO -MO MAINTENANC 285.00 TOTAL E911 COMMUNICATIONS 3,127.49 FUND GRAND TOTAL 3,127.4 CEMETERY - CEMETERY L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 L & M DUMPTRUCK & BACKHOE SERVICE DIRT FOR CEMETERY 45.00 TOTAL CEMETERY -CEMETERY 90.00 FUND GRAND TOTAL 90.0 HOTEL TAX JPMORGAN CHASE BANK DOC -SIGN TOPPERS 3 LAKES 555.75 JPMORGAN CHASE BANK DOC -THREE LAKES BENCHES 374.66 JPMORGAN CHASE BANK DOC -ELM CREEK SIGN TOPPER 262.80 JPMORGAN CHASE BANK DOC -CEDAR CREST SIGNS 54.15 JPMORGAN CHASE BANK DOC- GREENS SIGNS 54.15 Page 7 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description IPayment Amouni TOTAL HOTEL TAX 1,301.51 HOTEL TAX - ECON DEV JOKLAHOMA STATE UNIVERSITY 12011 ECONOMIC OUTLOOK 2,500.00 TOTAL HOTEL TAX - ECON DEV 2,500.00 STRONG NEIGHBORHOODS JJPMORGAN CHASE BANK LOWES- SUPPLIES/TOOLS 187.00 TOTAL STRONG NEIGHBORHOODS 187.00 FUND GRAND TOTAL 3,988.5 STORMWATER - STORMWATI MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 4,944.05 LOT MAINTENANCE OF OKLAHOMA, INC. MOWING 3,887.00 TOTAL STORMWATER - STORMWATER 8,831.05 FUND GRAND TOTAL 8,831.0 FIRE CAPITAL FD JJPMORGAN CHASE BANK CHIEF FIRE -HEAD SET 8,886.31 TOTAL FIRE CAPITAL FD 8,886.31 FUND GRAND TOTAL 8,886.3 CDBG - RAYOLA - CDBG -08 TRI-STAR CONSTRUCTION, LLC RAYOLA PARK IMPROVEMENTS 24,618.02 TOTAL CDBG - RAYOLA - CDBG -08 24,618.02 CDBG - RAYOLA - CDBG -09 TRI-STAR CONSTRUCTION, LLC RAYOLA PARK IMPROVEMENTS 99,043.33 TOTAL CDBG - RAYOLA - CDBG -09 99,043.33 RAYOLA - VISION 2025 TRI-STAR CONSTRUCTION, LLC RAYOLA PARK IMPROVEMENTS 1.00 TOTAL RAYOLA - VISION 2025 1.00 FUND GRAND TOTAL 123,662.3 CITY GARAGE T & W TIRE, LP TIRES 1,978.92 T & W TIRE, LP TIRES 1,355.00 AEP /PSO ELECTRIC USE 386.70 JPMORGAN CHASE BANK CLASSIC CHEV -BRAKE CABLES 57.03 FLEETCOR TECHNOLOGIES FUELMAN - MAY, 2011 77.49 JPMORGAN CHASE BANK YELLOW HOUSE -WIPER ARM 120.77 JPMORGAN CHASE BANK TULSA NEW HOLLAND -BELTS 81.41 JPMORGAN CHASE BANK WHITE STAR -CYL GUARD 255.71 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 134.63 Page 8 Claims List 06/21/2011 Budget Unit Title Vendor Name Payable Description IPayment Amouni TOTAL CITY GARAGE 4,447.66 FUND GRAND TOTAL 4,447.6 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF -INS 1,734.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 612.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 1,492.68 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 1,345.34 UNITED SAFETY & CLAIMS INC WORKERS COMP TPA SERVICE 1,550.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 554.99 TOTAL WORKERS' COMP SELF -INS 5,555.01 FUND GRAND TOTAL 7,289.0 GEN LIAB -PROP SELF INS ATKINSON, HASKINS, NELLIS, LEGAL SERVICES - HUCKANS 350.33 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - MILLER 22.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL SERVICES - MILLER 405.00 WOOD, PUHL & WOOD, P.L.L.0 LEGAL SERVICES - HUNTLEY 13,204.85 TOTAL GEN LIAB -PROP SELF INS 13,982.68 FUND GRAND TOTAL 13,982.6 CITY GRAND TOTAL $333,314.63 Page 9 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/04/11 Department Payroll Expenses Total Expenses Municipal Court 4,586.32 6,227.49 Managerial 19,341.84 26,799.68 Finance 12,518.91 19,145.08 Human Resources 6,207.54 10,013.72 Community Development 9,994.59 15,347.30 Engineering 10,113.65 15,466.45 Information Systems 9,255.15 14,424.46 Support Services 6,684.89 9,451.48 Police 146,402.30 200,404.61 Central Dispatch 18,782.21 28,211.87 Animal Control 2,314.82 3,582.13 Fire 95,318.55 140,828.61 Emergency Preparedness 2,798.43 4,334.67 Streets 6,690.71 11,392.32 Stormwater /ROW Maint. 6,575.46 9,887.38 Park Maintenance 5,745.23 8,934.14 Community- Senior Center 3,079.02 5,058.81 Historical Museum 540.00 616.41 Economic Development 2,826.92 3,764.60 General Fund Total 369,776.54 533,891.21 Garage Fund Total 4,113.17 4,410.71 Ambulance Fund Total 20,040.30 29,592.68 Emergency 911 Fund Total 2,717.83 4,006.65 Worker's Compensation Total 2,171.04 2,613.06 Strong Neighborhoods 2,077.12 3,128.27 Garnett Detention Pond 1,700.00 1,923.55 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 6121111 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 28,409.81 HEALTHCARE MEDICAL SERVICE 89,270.51 HEALTHCARE DEPT TOTAL 117,680.32 DELTA DENTAL DENTAL MEDICAL SERVICE 5,047.35 DENTAL MEDICAL SERVICE 2,100.00 DENTAL MEDICAL SERVICE 2,983.40 ADMIN FEES 2,105.91 DENTAL DEPT TOTAL 12,236.66 VSP VISION MEDICAL SERVICES 4,371.04 VISION DEPT TOTAL 4,371.04 HEALTHCARE SELF INSURANCE FUND TOTAL 134,288.02 CITY OF OWASSO GENERALFUND FISCAL YEAR 2010 -2011 Statement of Revenues & Expenditures As of May 31, 2011 FUND BALANCE (Budgetary Basis) Beginning Balance 2,042,256 2,042,256 Ending Balance $ 2,341,304 $ 1,443,723 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,729,926 $ 17,518,941 $ 18,400,200 95.21% Licenses & permits 12,965 154,062 239,300 64.38% Intergovernmental 52,050 466,270 2,363,726 19.73% Charges for services 50,310 480,736 507,660 94.70% Fines & forfeits 66,941 750,496 778,700 96.38% Other 20,589 136,293 401,533 33.94% TOTAL REVENUES 1,932,781 19,506,797 22,691,119 85.97% EXPENDITURES: Personal services 958,788 11,557,830 13,141,812 87.95% Materials & supplies 39,006 572,431 681,976 83.94% Other services 100,399 1,333,653 1,628,827 81.88% Capital outlay 14,581 102,780 1,992,962 5.16% TOTAL EXPENDITURES 1,112,774 77.77% 13,566,695 17,445,577 REVENUES OVER EXPENDITURES 820,007 113.24% 5,940,102 5,245,542 TRANSFERS IN (OUT): Transfers in 941,603 10,402,275 10,987,000 94.68% Transfers out (1,506,356) (16,043,329) (16,831,075) 95.32% TOTAL TRANSFERS (564,753) (5,641,055) (5,844,075) 96.53% NET CHANGE IN FUND BALANCE 255,253 (598,533) 299,048 FUND BALANCE (GAAP Basis) Beginning Balance 3,519,842 Ending Balance $ 3,818,890 FUND BALANCE (Budgetary Basis) Beginning Balance 2,042,256 2,042,256 Ending Balance $ 2,341,304 $ 1,443,723 The City Wi*1r,ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr Assistant City Manager SUBJECT: Request for Authorization to Discharge Fireworks City of Owasso Red, White, and Boom Celebration DATE: June 17, 2011 BACKGROUND: A City of Owasso sponsored fireworks display is planned to be conducted on the evening of Friday, July 1, 2011. City Code requires approval from the City Council for any public display of fireworks within the city celebrating Independence Day. A copy of that section of the City Code as it relates to fireworks displays is attached for your information and review. The City sponsored celebration will be limited to the fireworks show. Imperial Fireworks Company will once again present the fireworks display. Due to the construction of improvements at the high school, the use of school property is not an option for this year's event. The staff is seeking alternate locations from which to shoot the fireworks and will make an announcement using the city's website, various means of social media, and the local newspapers in the next week. Representatives of both the Fire and Police Departments have been consulted in order to coordinate the event and ensure public safety issues are being adequately addressed. RECOMMENDATION: Staff recommends City Council authorization to discharge fireworks and approval of a public fireworks display to be conducted on July 1, 2011 free of charge to the public and sponsored by the City of Owasso in celebration of Independence Day. ATTACHMENT: A. City of Owasso Code of Ordinances Relating to Fireworks B. Imperial Fireworks Company Certificate of Liability Insurance Offenses and Crimes SECTION 10 -302 INSULTING SIGNS, LITERATURE OR LANGUAGE A. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault. B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: 1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -58) SECTION 10 -303 LITERATURE OR LANGUAGE RIDICULING RELIGION It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -59) SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section, the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b. The event must be open to the public, free of charge; C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. Page 10 -15 Offenses and Crimes (Prior Code, Sec. 8 -17; Ord. No. 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 -101. State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110. SECTION 10 -305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10 -306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUN A. It is unlawful for any person, except those persons authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self- Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount specified by state law, plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self- Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to the license shall not be confiscated unless: 1. The person is arrested for violating another provision of law other than that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person. 2. The officer has probable cause to believe the weapon is: a. contraband; or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. C. Nothing in this section shall be construed to require confiscation of any firearm. (Ord. No. 854, 04/18/06; 984, 4/18/11) Page 10 -16 i ACC) ® DATE (MM /DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 6 6 2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Britton- Gallagher and Associates, Inc. PHONE FAX 6240 SOM Center Rd. (PAM. E.M4 -24 -4711 A/c No:44 - 44 -12 4 E -MAIL Cleveland OH 44139 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:LeXiri ton Ins CO 19437 INSURED INSURER B Imperial Fireworks Co. INSURER C: 12809 S. 285th E Avenue INSURER D: Coweta OK 74429 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:, r- aan1aa -/o REVISION N1IMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DDNYYY POLICY EXP MM /DDNYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ix I OCCUR 44270257 6/1/2011 /1/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED EXP (Any one person) $ PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : POLICY X PRO- LOC PRODUCTS - COMP /OPAGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ IR PE TY DAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC STATU- OTH- T RY IMIT E. L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYE $ E. L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Owasso 111 North Main Owasso OK 74055 United States UANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD The City Wit7out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr Assistant City Manager SUBJECT: Request for Authorization to Discharge Fireworks Stone Canyon Public Fireworks Display DATE: June 17, 2011 BACKGROUND: The staff has received a request from Stone Canyon for an item to be placed on the City Council agenda for consideration to approve the discharge of fireworks in celebration of Independence Day. City Code requires approval from the City Council for any public display of fireworks within the city. Attached is a copy of that section of the Code. The representatives from Stone Canyon have spoken with representatives of the Fire Department to coordinate the event and address safety concerns. All requirements established by the Fire Department have been addressed. RECOMMENDATION: Staff recommends City Council authorization to discharge fireworks and approval of a public fireworks display to be conducted on June 30, 2011 free of charge to the public and sponsored by Stone Canyon in celebration of Independence Day. ATTACHMENT: A. City of Owasso Code of Ordinances Relating to Fireworks B. AM Pyrotechnics Certificate of Liability Insurance Offenses and Crimes SECTION 10 -302 INSULTING SIGNS, LITERATURE OR LANGUAGE A. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault. B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: 1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -58) SECTION 10 -303 LITERATURE OR LANGUAGE RIDICULING RELIGION It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. (Prior Code, Sec. 14 -59) SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section, the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b. The event must be open to the public, free of charge; C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. Page 10 -15 Offenses and Crimes (Prior Code, Sec. 8 -17; Ord. No. 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 -101. State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110. SECTION 10 -305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10 -306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUN A. It is unlawful for any person, except those persons authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self- Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount specified by state law, plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self- Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to the license shall not be confiscated unless: 1. The person is arrested for violating another provision of law other than that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person. 2. The officer has probable cause to believe the weapon is: a. contraband; or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. C. Nothing in this section shall be construed to require confiscation of any firearm. (Ord. No. 854, 04/18/06; 984, 4/18/11) Page 10 -16 May 12 11 02.47p �' '`'''�c'►"`"c'& CERTIFICATE OF LIABILITY INSURANCE 5/12/2011 � °�I THIS CERTIFICATE IS IMED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAZE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE iSSUING INSLIRER(Sl,_ AUTHORIZED REPRESENTATIVE OR PRODUCEti, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and IcoMJtions of the policy, certain policies may require an endorsement. A staternent on this certificate does not confer rights to the certificate holder In Mau of such endorsement(s). €aoouc><x Cormell insurance, Inc. 1691 S Business highway 65 Hollister HO 656'2 NAME: Kara Webb PHONE ,_ _ � FAX �: _ _ � .faN ADDRES connellts�corinellinsuxanca.com �ODUCER r 21113 000452250 INSMR(S) AFFORDING COVERAGE NAIC t7, $1,000,000 TNSURED ~- INSURERA:Travelers Ins. W C Pool COMMERCIAL GSMERAL UABIL TY CLAIMSAWE a OCCUR Rria b..mt- arke,i, -c T.T.r ..y�..��- �..�.. --- -- . 2429 3ast 535th Road { t' NVSURERB :?.izk Placement Services INSURERC:Risk Placement Services of TX - PREMISES (Ed 0ccumenc i Men EXP: ArIY ma person! Buffalo MO 65622 INSURER D, RELIANCE NATION L INDEMNITY COMPANY INSU RER E : INSURER F : PERSONAL 6 ADV INJURY COVERAGES CERTIFICATE NUiMBER:1157390s47 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 8EET4 ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND114G ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DDCLIMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lny TYPE OF INSURANCE IN ACCORDANCE WITH THE POLKY PROVIWONiS- H Owasso Land Trust) fiisp Bate: Jung 30 2011 POLICY NUMBER MW0DrAYI'Y MMIMID�A -M - LJ MITS S GENERAL LUkBILITY Y 000452250 12/20/2010 12/20!2011 EACH OCCURRENCE $1,000,000 i 550.000 COMMERCIAL GSMERAL UABIL TY CLAIMSAWE a OCCUR - PREMISES (Ed 0ccumenc i Men EXP: ArIY ma person! � SEx<1Udad 51, 000, 000 PERSONAL 6 ADV INJURY $5,000,000 GENFRALAGGREGATE _ t GEN'LAGGRECRTE LIMIT APPLIES PER: X '. POLICY �O' LDC $2.0DO.000 i I PRODUCTS - COMWOPAGG AUTOMOBILE LIABILITY j t 'I DA ?5075$5. 4/8/20 "_1 3/9/2012 COMBINED SINGLEuurT iEaaoadanil $1,000,090 rirvirilTv j BODILY INJURY (Perpersonl S ALL OWNED AUTOS {� x SCHEDULED AUTO$ j{X HREO AUTOS ! i BODILY WJURY fPEr accident) S PROPERTY iThM#(3E (Per ewdent) $ 1 X NON-O)A VEDAt.Tos I Unina:ired Motorist 0 $1, 000, 000 N ? l.;nderinsured Mfltaris S1, 000,000 C X UM EMELLA UALS X OCCUR 0 00463 7 70!Jantea River 7,2/30/2010'12/30!2011 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS -MAbE AGGREGATE s4,000,D00 X DEDUCTIBLE 0 _ S i S RETENTION S �^ V/t7RKEi7S Cl jPEN�.i71t7N IANDEMPLOYERSLIABiLiTY YIN ANY PROPRIETORtPARTNERIEXECUTIVE r--I OFFICERIMBER EXCLUDED? ME MIA yy „ua Y1L ;s a. ., 4V(, ' STATU- 7 crr)i- I mrs t L. EACH EA.C,GDENT S,Og0,fl00 $ E.L. DISEASE -EA EMPLOYE $1,000,000 (Mandatary In NMI iyyeea, IPTIOa under 7ESCRIPTION OF OPERATIONS Ue!var I E. L. DISEASE- POLICYLIMIT $1,000,000 I)ESCAIPTON OF OPERA'nUNS I LOCATKM I VEHICLES (Attach ACORD 501, Addition" Ra.lka Schedum. if 7 ac spe Is few,) el) (IBlanket Additional Insured Status applies only when required by contract- L_ I �>=x l It acR l rr H9L,iiEK CANCELLATION 0 1988 -2008 ACORD CORPORATION. All ri ahss reserved, ACORD 25 (20091(19} The ACORD name and logo are regiSiered marks of ACORD v SHCULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOME THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLKY PROVIWONiS- H Owasso Land Trust) fiisp Bate: Jung 30 2011 02150 E 96th St N, #209 Acid Ins: Stone Canyon Comm. Assn.!CABO Dev AUTHORIZEDREPUESENTATIVE LLC Owasso OTC 74055 Disp Site75Q0 R 177 E A`le 0 1988 -2008 ACORD CORPORATION. All ri ahss reserved, ACORD 25 (20091(19} The ACORD name and logo are regiSiered marks of ACORD v The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempsier ��(� Human Resources Director _ SUBJECT: Workers' Compensation Settlement DATE: June 17, 2011 In September 2009, employee Robert Williams incurred a work - related injury during the performance of his duties with the Fire Department. Mr. Williams underwent surgery and treatment to his right shoulder and has been declared by his treating physicians to have reached maximum medical improvement. On May 26, 2011 Mr. Williams and the City appeared before the workers' compensation judge assigned to this case. Subsequently the judge issued a permanent partial disability rating. The total amount of the settlement based on the disability rating is $42,750. The court order requires the City to pay $24,966 of the settlement amount by June 28, 2011, of which $16,416 will be paid to Mr. Williams and $8,550 will be paid to his attorney. The remainder of the settlement will be paid out in 52 weekly payments of $342 payable to Mr. Roberts. A copy of the court order is attached for your review. I�fP►1�7I�r+e'l Worker's compensation settlements are funded out of the Workers' Compensation Self - Insurance Fund. RECOMMENDATION: Staff recommends approval and authorization for payment of the court - ordered workers' compensation settlement for Robert Williams in the total amount of $42,750. Attachment: A. Court Order BEFORE THE WORKERS' COMPENSATION COURT OF THE STATE OF OKLAHOMA In re claim of: ROBERT J WILLIAMS . Claimant CITY OF OWASSO Respondent CITY OF OWASSO (OWN RISK #16950) Ins. Carrier FILED WORKERS' COMPENSATION COURT STATE OF OKLAHOMA June 9, 2011 Robert L. Tharp COURT CLERK Court Number: 2010- 10718L Claimant's Social Security Number: 559 -63 -1351 ORDER DETERMINING COMPENSABILITY AND AWARDING PERMANENT PARTIAL DISABILITY BENEFITS Now on this 1st day of JUNE, 2011, this cause came on for consideration pursuant to regular assignment and hearing on MAY 26, 2011, before JUDGE ERIC W QUANDT, at Tulsa, Oklahoma, at which time claimant appeared in person and by counsel, BRYCE A HILL and respondent and insurance carrier appeared by counsel, CYRUS NATHANIEL LAWYER. The Court having considered the evidence and records on file, and being well and fully advised in the premises FINDS AND ORDERS AS FOLLOWS: -1- THAT on SEPTEMBER 8, 2009, claimant was employed by the above named respondent and such employment was subject to and covered by the provisions of the Workers' Compensation Act of the State of Oklahoma; and on said date claimant sustained accidental personal injury to the RIGHT SHOULDER arising out of and in the course of claimant's employment. -2- THAT at time of injury, claimant's wages were sufficient to establish the rates of compensation at $683.00 per week for temporary total disability and $342.00 per week for permanent partial disability. -3 - THAT as a result of said injury, claimant sustained 25 percent permanent partial disability to the WHOLE MAN RIGHT SHOULDER (SURGERY - ROTATOR CUFF TEAR, SLAP TEAR AND DECOMPRESSION), for which claimant is entitled to compensation for 125 weeks at $342.00 per week, or the total amount of $42,750.00 of which 73 weeks have accrued and shall be paid in a lump sum of $24,966.00. 2010- 10718L Page 2 -4- THAT respondent and /or insurance carrier shall pay all reasonable and necessary medical expenses incurred by claimant as a result of said injury. -5- THAT respondent or insurance carrier shall pay claimant the accrued portion of the award herein in lump sum of $24,966.00 and pay the balance of said award at the rate of $342.00 per week until the total award of $42,750.00 (less attorney fee) has been paid to claimant. -6- THAT respondent or insurance carrier shall pay court costs; Special Occupational Health and Safety Fund Tax shall be paid in the sum of $320.63, representing three- fourths of one percent (0.75 %). Respondent, if Own Risk, shall pay $855.00 to the Workers' Compensation Administration Fund, representing two percent (2 %) of the permanent disability award herein. -7- THAT pursuant to Title 85 O.S. Section 93, a final award fee of one hundred forty dollars ($140.00) is taxed as a cost in this matter, and shall be paid by respondent to the Court Administrator. -8- THAT the sum of $8,550.00 shall be deducted from the award herein and paid in lump sum to claimant's attorney as a fair and reasonable attorney fee; within twenty (20) days from the date of filing of this order, respondent or insurance carrier shall comply herewith. BY ORDER OF: ERIC W QUANDT, JU E co /CRichardson A copy of the above and foregoing Court Order was mailed, by regular or Certified United States Mail, on this filed stamped date to: Claimant's Attorney: BRYCE A HILL 1511 S DELAWARE AVE TULSA, OK 74104 -5234 Respondent's Attorney: CYRUS NATHANIEL LAWYER UNITED SAFETY & CLAIMS INC PO BOX 471647 TULSA, OK 74147 -1647 2010- 10718L Page 3 I do hereby certify that the above and foregoing is a true and correct copy of the original order signed by the Judge herein. Witness by my hand and the official seal of this court on this date. Go E"'181 p�VCZ,gt, roc, C jJ °a SEAL y �0KLAS0 Court Clerk June 9, 2011 The City wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Janet Isaacs Assistant Finance Director SUBJECT: Supplemental Appropriations Fiscal Year End DATE: June 17, 2011 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a Department or to transfer appropriations between departments within the same fund. A supplement or increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is not requesting year -end appropriations for the OPWA or for the OPGA. Staff is requesting City Council consideration of budget amendments to the following funds: General Fund - Sales Tax Revenue Under the pledged revenue requirements of the OPWA bond indentures, the City transfers all of its sales tax collections to the OPWA Sales Tax Fund; the OPWA transfers two cents of the sales tax less payback agreements back to the General Fund. The sales fax collection for the year is $17,528,943 which is $698,943 more than the budgeted revenue. Due to the sales fax revenue in the General Fund exceeding projections in the amount of $698,943, the transfer to the OPWA Sales Tax Fund will exceed budget by the same amount. A budget amendment of $698,943 is requested to allow for the transfer of those unexpected revenues and to ensure compliance with the voter approved sales fax ordinance. • Cemetery Interments The revenues in the General Fund are projected to exceed budget by the amount of $5,800 due to higher than expected cemetery interment receipts. State Statutes require 12.5% of revenue from sales of cemetery lots and interments be used for cemetery capital improvements. Due to the cemetery interments in the General Fund exceeding projections in the amount of $5,800, the transfer to the Cemetery Care Fund will exceed budget by $725. A budget amendment is requested increasing revenues in the General Fund of $5,800 and increasing the appropriation of expenditures in the amount of $725. Self- Insurance Fees Legal fees within the General Liability and Property Self- Insurance Fund have exceeded budget and require a supplemental appropriation of $18,000 from the General Fund. Revenues are originally budgeted through payments from the General Fund and OPWA. Funding for the supplemental appropriation to the General Liability and Property Self - Insurance Fund will require Council approval of a supplemental appropriation from the General Fund reserves in the amount of $18,000. Staff is requesting supplemental appropriations for the General Fund for City Council consideration. Cemetery Care Fund The revenues in the General Fund are projected to exceed budget by the amount of $5,800 due to higher than expected cemetery interment revenue. State Statutes require 12.5% of revenue from sales of cemetery lots and interments be used for cemetery capital improvements. Due to the cemetery interments within the General Fund exceeding projections in the amount of $5,800, the transfer of from the General Fund to the Cemetery Care Fund is projected to exceed budget by $725. Staff is requesting a budget amendment for the Cemetery Care Fund increasing the estimated revenues by $725 to allow for the transfer of the unexpected revenue and to ensure compliance with the State Statutes governing the Cemetery Care Fund. General Liability and Property Self- Insurance Fund - Self- Insurance Fees The General Liability and Property Self- Insurance Fund revenues are originally budgeted through payments received from the General Fund and OPWA and accounts for the funding reserved for payments of expenses related to property claims and for collision repairs to City vehicles. Staff is requesting a supplemental appropriation from the General Fund reserves in the amount of $18,000 to the General Liability and Property Self - Insurance Fund. • Refunds /Reimbursements Revenues are projected to exceed the original budget by $20,000 due to claims collected by a third -party administrator (Liberty Property Damage). Staff is requesting a budget amendment for the General Liability and Property Self- Insurance Fund increasing estimated revenues by $20,000. Professional Services Expenditures in the General Liability and Property Self- Insurance Fund are projected to exceed budget by $38,000 due to legal fees. Staff is requesting a budget supplement increasing the appropriation for expenditures in the amount of $38,000 in the General Liability and Property Self- Insurance Fund. Ambulance Service Fund Revenues of the Ambulance services are required by city ordinance to be divided among the Ambulance Service Fund, the Ambulance Capital Fund and the Fire Capital Fund. Revenues are receipted directly into the Ambulance Service Fund, and the designated percentage of revenues is transferred to the Ambulance Capital Fund and the Fire Capital Fund. These transfers of funds are expenditures under budgetary statutes and are subject to the limits of the approved budget. Revenues in the Ambulance Service Fund are projected to exceed budget by $92,000, primarily due to improved reporting procedures to the City's third -party administrator, for ambulance billings and an increase in Medicare billings received. The resulting transfers from the Ambulance Service Fund to the Ambulance Capital Fund are projected to exceed the appropriations by $14,000 and the transfers to the Fire Capital Fund are expected to exceed appropriations by $2,200. Staff is requesting a budget amendment for the Ambulance Service Fund increasing estimated revenues by $92,000 and increasing the appropriation for expenditures by $16,200 to allow for the transfer of the unexpected revenues to the Ambulance Capital Fund and Fire Capital Fund. Ambulance Capital Fund The Ambulance Capital Fund accounts for 15% of revenue from ambulance billing and 10% of revenue from ambulance subscriptions transferred from the Ambulance Service Fund. Staff is requesting a budget amendment for the Ambulance Capital Fund increasing estimated revenues by $14,000 to allow for the transfer of the unexpected revenue. Fire Capital Fund The Fire Capital Fund accounts for 31.7% of the revenues received from ambulance subscriptions transferred from the Ambulance Service Fund. Staff is requesting a budget amendment for the Fire Capital Fund increasing estimated revenues by $2,200 to allow for the transfer of the unexpected revenue. RECOMMENDATION: A separate spreadsheet is attached detailing the increase in estimated revenues and appropriations. Staff recommends City Council approval of budget amendments in the following funds: • General Fund - Increase estimated revenues by $704,743 and the appropriation for expenditures by $717,668; • Cemetery Care Fund - Increase estimated revenues by $725; • General Liability- Property Self- Insurance Fund - Increase estimated revenues by $38,000 and the appropriation for expenditures by $38,000; • Ambulance Service Fund - Increase estimated revenues by $92,000 and the appropriation for expenditures by $16,200; • Ambulance Capital Fund - Increase estimated revenues by $14,000; • Fire Capital Fund - Increase estimated revenues by $2,200. ATTACHMENTS: A. Supplemental Budget Spreadsheet Recommended Budget Supplementals Council Meeting 6/21 /11 General Fund Sales Tax Transfer to OPWA Sales Tax Cemetery Interments Transfer to Cemetery Care Fund Self- Insurance Fee General Fund Totals Cemetery Care Fund Transfer from General Fund Cemetery Care Fund Totals General Liability- Property Self- Insurance Self- Insurance Fees Reimbursements /Refunds Professional Services General Liability- Property Self- insurance Totals Ambulance Service Fund Ambulance Service Transfer to Ambulance Capital Transfer to Fire Capital Ambulance Service Fund Totals Ambulance Capital Fund Transfer from Ambulance Service Fund Ambulance Capital Fund Totals Fire Capital Fund Transfer from Ambulance Service Fund Fire Capital Fund Totals Increase Increase Estimated Appropriation Revenue for Expenditures 698,943 5,800 698,943 725 18,000 704,743 717,668 725 0 18,000 20,000 38,000 38,000 38,000 92,000 14,000 2,200 92,000 16,200 14,000 14,000 0 2,200 2,200 0 C:\ Users \kian_kamas \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \1R32ULOW \[fye 2011 budget supplement.xls]SL V OCity w aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Jennifer Kirby Community Center Director SUBJECT: Acceptance of Donation to Owasso Community Center and Approval of a Budget Amendment in the General Fund DATE: June 17, 2011 BACKGROUND: Built in 1977 with a grant provided by the Federal Government, the Owasso Community Center is a place where residents of all ages can participate in meaningful programs and activities to enrich their lives. The Center provides a variety of programs and makes rental reservations within its facilities for reunions, parties, meetings, wedding receptions, baby showers, educational and training sessions, as well as corporate events. Additionally, the Center provides a meeting place for clubs and service organizations. Over the years, senior citizens have maintained two organizations within the building. The first of these, the Owasso Golden Agers is the service arm of the senior programs, and provides support, both financially and through volunteers, for the programs offered at the Center. The second organization is the Owasso Senior Citizens Foundation, a tax exempt 501(c)3 organization whose primary purpose is to receive and manage funds which help ensure that a viable Owasso Senior program is not totally dependent on government funding. The Owasso Community Center runs a full schedule of programs, with approximately 35 groups regularly scheduled in the building and hundreds of people using the center weekly. The senior program alone currently serves approximately 300 citizens. Due to the extensive use of the Community Center's facilities, seating throughout the Center is in need of replacement. As such, the Owasso Senior Citizens Foundation (OSCF) has generously donated $1,998 to the City of Owasso to help provide for the replacement of chairs. In order to utilize the donated funds, staff is requesting City Council acceptance of the donation from the Owasso Senior Citizens Foundation in the amount of $1,998. Additionally, staff is requesting City Council approval of a budget amendment to the General Fund, increasing estimated revenues and the appropriation for expenditures. RECOMMENDATION: Staff recommends City Council acceptance of a donation from the Owasso Senior Citizens Foundation in the amount of $1,998. Staff further recommends City Council approval of a budget amendment in the General Fund, increasing the estimated revenues and the appropriation for expenditures by $1,998. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director V\9__ SUBJECT: International Association of Firefighters (IAFF) Fiscal Year 2011 -12 Contract DATE: June 17, 2011 BACKGROUND: Negotiations with the Owasso International Association of Firefighters (IAFF) have concluded with a tentative agreement between both parties. The tentative agreement (ratified by the IAFF membership on Tuesday, June 14, 2011) provides for a one year contract that includes the one- time pays incorporated in the 2011 -2012 proposed budget providing increases to eligible members of the bargaining unit. Both the IAFF members and the City administration worked diligently to develop an agreement that is in the best long -term interest of the community, the firefighters and the City. The agreement provides for the following changes; ➢ Incorporation of language addressing safety concerns and the operation of stations and equipment. ➢ Clarification of language addressing scheduled and unscheduled overtime. ➢ Addition of language providing payment of 100% of sick leave balance upon death in the line of duty. (This language is similar to the language in the contract with the FOP.) ➢ Increase of $25 per month in health premiums which will be waived for members who elect to participate in a Biometrics screening. ➢ Continuation of existing contract language on all other issues. ➢ The contract does not contain any across - the -board increases. The total increased cost of this contract is $38,423. COMMENTS: This agreement demonstrates how management and unions can work together to build consensus and collaborate to develop an agreement that recognizes the need for the City to continue to rebound from the economic downturn and for the firefighters to know they continue to have financial security and job stability. Credit is due to both teams and their Chief Negotiators - Shane Atwell for the IAFF and Warren Lehr for the City. RECOMMENDATION: Staff recommends approval of the 2011 -12 contract between the City of Owasso and the International Association of Firefighters (IAFF) Local # 2789 and authorization for the Mayor to execute the contract. The City WWA/il ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bradd K. Clark Fire Chief SUBJECT: SAFER Grant Award Federal Fiscal Year 2011 DATE: June 17, 2011 BACKGROUND: The Fire Department applied for the Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program in September, 2010. The application is for the funding of six career firefighter positions within the Owasso Fire Department. The US Fire Administration announced the City of Owasso was awarded a SAFER Grant on June 3, 2011. SAFER GRANT PROCESS: Fire departments are able to request federal grant monies under two broad categories in the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program: hiring of career firefighters and recruitment and retention of volunteer firefighters. The Owasso Fire Department applied for the funding of six (6) additional career firefighters, to improve the staffing levels of the three current fire stations. Created by Congress in 2003, the SAFER Grants are meant to help communities with career, volunteer and combination fire departments to "meet industry minimum standards and attain 24 -hour staffing to provide adequate protection from fire and fire - related hazards, and to fulfill traditional missions of fire departments that antedate the creation of the Department of Homeland Security." GRANT FUNDING: The SAFER program funds firefighter positions not currently budgeted. In the grant award, the following is the maximum reimbursement amount eligible to the City of Owasso: Year 1: the actual cost, up to $430,452 for six firefighters (salary & benefits) Year 2: the actual cost, up to $445,523 for six firefighters (salary & benefits) At the time the grant application was made, the fire administration utilized salary and benefit data found in the Collective Bargaining Agreement and City of Owasso Budget. Since the time of application, the City has incurred cost increases in health insurance. Due to increased insurance costs, the eligible grant award may not cover all employee benefit expenses for the additional firefighters. If all six of the firefighters request family medical coverage (the most expensive coverage), the City would incur additional expenses of approximately $10,000, over what would be reimbursed under the grant award in the first year. The health insurance costs for the second year are estimated to be $7,000 over the grant award. The City's estimate of health care costs above the grant award assumes that all six firefighters will require family health insurance. Although the SAFER program provides funding for salaries and benefits, other expenses related to employment are not provided in the grant award. Among the non -salary expenses are uniform apparel, firefighting protective equipment, initial employment medical physical, air mask fit test, and training classes to include Firefighter I and II, Liquefied Petroleum (LP) Gas Firefighting, hazardous materials training, and wildland firefighting training. Fire administrators believe that these expenses, associated with the fire department's operating budget, will largely be absorbed into existing funding. In addition, overtime expenses associated with the current staffing level for the department will be reduced, thus the savings in overtime will help cover expenses associated with initial employment in the first year. The City's estimated cost for six new employees, above the SAFER award is estimated as follows: Year 1: $45,000 for benefits, training and equipment Year 2: $23,000 for benefits, training and equipment Year 3: 100% of the expenses associated with the six firefighters. The City's estimated costs above the SAFER Grant is assuming that all six firefighters will require family health insurance, paramedic licensure pro -pay, education incentive, and all of the initial training classes. The total maximum grant funds that would be received if the SAFER grant is accepted by the City Council would be $875,979 for the two years of the grant. STAFFING IMPROVEMENT: One of the central goals of SAFER is to better prepare fire departments for responding to emergencies. To this end, the Owasso Fire Department's grant award will provide an increase in the staffing level for each shift at each of the City's three fire stations. Additional staffing after this grant will be dependent upon the construction of Fire Station No. 4. The minimum staffing level requirements and the number of firefighters allowed on leave at any given time will not change with the hiring of the grant funded additional staff. The minimum staffing level is established to maintain a minimum number of firefighters needed to respond to emergencies from each fire station. With additional staff assigned to each shift day, the amount of minimum staffing overtime will decrease significantly. Savings estimates are affected by severe weather events, staff injuries, and other unforeseen and uncontrollable events, but Fire Administrators are confident that the additional staff will save over 65% of the minimum staffing overtime expenditure each year, which could amount to as much as $50,000 based on past expenditures as shown in the table below: Year 1 Year 2 Year 3 Uniform Apparel $4,500 $2,700 $2,700 Fire Protective Apparel $16,482 $2,400 $0 Hiring Physical $1,800 $0 $0 SCBA Fit Testing $210 $210 $210 Training $12,572 $10,260 $0 Total Non-Salary $35,564 $15,570 $2,910 Fire administrators believe that these expenses, associated with the fire department's operating budget, will largely be absorbed into existing funding. In addition, overtime expenses associated with the current staffing level for the department will be reduced, thus the savings in overtime will help cover expenses associated with initial employment in the first year. The City's estimated cost for six new employees, above the SAFER award is estimated as follows: Year 1: $45,000 for benefits, training and equipment Year 2: $23,000 for benefits, training and equipment Year 3: 100% of the expenses associated with the six firefighters. The City's estimated costs above the SAFER Grant is assuming that all six firefighters will require family health insurance, paramedic licensure pro -pay, education incentive, and all of the initial training classes. The total maximum grant funds that would be received if the SAFER grant is accepted by the City Council would be $875,979 for the two years of the grant. STAFFING IMPROVEMENT: One of the central goals of SAFER is to better prepare fire departments for responding to emergencies. To this end, the Owasso Fire Department's grant award will provide an increase in the staffing level for each shift at each of the City's three fire stations. Additional staffing after this grant will be dependent upon the construction of Fire Station No. 4. The minimum staffing level requirements and the number of firefighters allowed on leave at any given time will not change with the hiring of the grant funded additional staff. The minimum staffing level is established to maintain a minimum number of firefighters needed to respond to emergencies from each fire station. With additional staff assigned to each shift day, the amount of minimum staffing overtime will decrease significantly. Savings estimates are affected by severe weather events, staff injuries, and other unforeseen and uncontrollable events, but Fire Administrators are confident that the additional staff will save over 65% of the minimum staffing overtime expenditure each year, which could amount to as much as $50,000 based on past expenditures as shown in the table below: In 2006, Fire Administrators developed a five -year staffing plan for the Owasso Fire Department. Considerations in the staffing plan depicted that additional staffing at each fire station will improve firefighter safety, improve the effectiveness of emergency operations, reduce the overtime burden, and improve the insurance industry scoring towards the overall insurance rating for the City of Owasso. The staffing plan proposes an increase in staffing levels on both ambulances and fire apparatus at each fire station in order to increase fire protection and paramedic care in all areas of the City of Owasso. The addition of the six firefighters moves the fire department closer to the desired staffing levels as outlined in the plan and increases the City's opportunity for improving our overall insurance rating. In the Insurance Services Office (ISO) evaluation of the City of Owasso, several opportunities to improve the score and thus the overall insurance rating were identified. An improved fire insurance rating assists in reducing insurance rates for Owasso residents and businesses. One of the areas where an improvement in the overall rating could be achieved is in the number of fire engines that are staffed and used in the fire department. Current staffing levels provide either an ambulance or fire engine at each fire station. The SAFER grant will provide staffing for three fire engines, which will improve the score. To achieve the maximum score in this area of the overall rating, four fire apparatus are needed for the City of Owasso's total population and the size of the city limits area. Coupled with other measures, the overall rating (based upon the score in three areas) will be improved over the next two years. RECOMMENDATION: Staff recommends City Council acceptance of the SAFER Grant. Minimum Staffing Overtime Hours Total Annual Overtime Hours Percentage Minimum Manning Average Overtime Rate Cost of Minimum Manning FY2008 2,952 5,152.25 57.30% $27.76 $81,947.52 FY2009 2,768.25 4,640.5 59.65% $28.61 $79,199.63 FY2010 2,190.5 3,381.5 64.78% $28.41 $62,232.11 In 2006, Fire Administrators developed a five -year staffing plan for the Owasso Fire Department. Considerations in the staffing plan depicted that additional staffing at each fire station will improve firefighter safety, improve the effectiveness of emergency operations, reduce the overtime burden, and improve the insurance industry scoring towards the overall insurance rating for the City of Owasso. The staffing plan proposes an increase in staffing levels on both ambulances and fire apparatus at each fire station in order to increase fire protection and paramedic care in all areas of the City of Owasso. The addition of the six firefighters moves the fire department closer to the desired staffing levels as outlined in the plan and increases the City's opportunity for improving our overall insurance rating. In the Insurance Services Office (ISO) evaluation of the City of Owasso, several opportunities to improve the score and thus the overall insurance rating were identified. An improved fire insurance rating assists in reducing insurance rates for Owasso residents and businesses. One of the areas where an improvement in the overall rating could be achieved is in the number of fire engines that are staffed and used in the fire department. Current staffing levels provide either an ambulance or fire engine at each fire station. The SAFER grant will provide staffing for three fire engines, which will improve the score. To achieve the maximum score in this area of the overall rating, four fire apparatus are needed for the City of Owasso's total population and the size of the city limits area. Coupled with other measures, the overall rating (based upon the score in three areas) will be improved over the next two years. RECOMMENDATION: Staff recommends City Council acceptance of the SAFER Grant. The e City, twit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat, Bailey Medical Campus DATE: June 17, 2011 BACKGROUND: The City of Owasso received a preliminary plat for review and approval of the Bailey Medical Campus. The Bailey Medical Campus proposes one (1) lot on one (1) block on approximately 1.22 acres of property. The applicant wishes to plat the property for the development of a dialysis clinic. The subject property is immediately to the west of the First Christian Church of Owasso on the south side of the traffic circle. The zoning on the property was originally governed under PUD 469, which was approved in Tulsa County in 1991. At that time, the concept of the PUD was residential in nature with an underlying zoning of RS -3. However, due to changes in the market, the PUD was amended in December 2006 to OPUD 06 -04, and is now a concept that contains more of an office park type setting. SURROUNDING ZONING: North: Commercial General (CG) & Residential Single Family (RS -3) South: Residential Single Family (RS -3) East: Residential Single Family (RS -3) West: Office Medium (OM) DEVELOPMENT PROCESS: Step 1, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwafer drainage, streets and grading and erosion control, waterlines, stormwafer detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 2, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The final plat for the Bailey Medical Center Campus consists of one (1) lot on one (1) block on approximately 1.22 acres. The applicant is platting the property for the purpose of developing a dialysis center. The subject property is located south of the traffic circle at East 103rd Street North (Larkin Bailey Boulevard) and just west of the First Christian Church property, and will be accessed from the traffic circle. An entrance drive is proposed along the west side of the parcel that will set the stage for future connections to the south and west. There is a drainage easement along the east side of the property, and sewer service will be extended from the south. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the preliminary plat for the Bailey Medical Campus at their regularly scheduled meeting on May 25, 2011. No comments were brought forward by the members of TAC, and only minor corrections were required on the plans. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Additionally, any covenants and restrictions that were approved as part of OPUD 06- 04 shall be strictly adhered to. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of City Council approval. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on June 13, 2011, and are recommending City Council approval. RECOMMENDATION: Staff recommends City Council approval of the Bailey Medical Campus final plat. ATTACHMENTS: A. Final Plat Bailey Medical Campus B. Area Map -'------ 1 OaC / � I I FADE _ I �1 MGE - �yP�9 0'9• N/E 1 eaC /� I/• BM12 Final Subdivision Plat BAILEY MEDICAL CAMPUS AN ADDITION TO THE CITY OF OWASSO, BEING A SUBDIVISION IN THE NE /4 OF SECTION 18, T -21 -N, R -14 -E OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA ADDITION HAS 1 LOT IN 1 BLOCK AND CONTAINS 1.22 ACRE MORE OR LESS. \ OWNER: SURVEYOR: - -_ ssa• 12. 35-E 12.35 -_ LARKIN BAILEY FOUNDATION WHITE SURVEYING COMPANY BM /1 137'85 ae6 -1 - - -- -- Contact: Jacque Guy 9936 East 55th Place e 7 W" 612 South Denver uuueNr ro rNE em 3 - Tulsa, Oklahoma 74146 sso AE9 sEwrwce zl, p�4-\ oowNENr Ro. a,,.xxs Iu �ago Ly� Tulsa, Oklahoma 74119 (91 B) 663 -6924 LARKiN BAILEY BLVD. e6.•41• '\ (918) 250 -9080 E -mail: thaynes®whitesurvey.com REI� Certificate of Authorization 1098 •� �\ E -mail: jguy ®tulabs.COm Renewal Date: June 30, 20111 1 I I I BM 13 I n \e I \ \ \ ------------ - - - - -- -- ------ --- --- -- -- - -- --- -- -------------------- -- E. 101ST STREET NORTH 320'°°' SE CORNER OF THE NE/ OF SECTION /8, T -21 -N. P.O.B. S 86.12'35" E t DEED or KpGllex Wife NMKN i., EW S. 2 I-EW l \ COUNTYAf TULSA 1 C3 126.26' - - -_, y I I H THENCE ALONG A CURVE T8 THE LEFT WITH A RADIUS 60.00 FEET AND A CENTRAL DEVELOPER- RECD -OK, LLC ENGINEER: KHOURY ENGINEERING, INC. E�/E _ j u� _ \ i ' Contact: Jerry Reed 1435 East 41st Street u rI e` 4645 S. 83rd E. Ave. Tulsa, Oklahoma 74105 2, Tulsa, OK 74145. 712 '\ ``��\`� ,Jo d . (918) -8768 •, i (918) 665 -4244 E-mail: kengincOkhouryeng . com '" •\ E -mail: jerryOrecoent.com Certificate of Authorization No. 3751 Renewal Date: June 30, 2011 �' ry Lot 1 Block 1 \e I i 11_j \ \ ------------ - - - - -- -- ------ --- --- -- -- - -- --- -- -------------------- -- E. 101ST STREET NORTH 320'°°' SE CORNER OF THE NE/ OF SECTION /8, T -21 -N. 62'17'14" WEST FOR 205.00 FEET: THENCE NORTH 2742'46" FAST FOR 169.06 FEET TO STATE Of OKLAHOAAA l SS ' , A POINT OF CURVE; THENCE AILING A CURVE TO THE LEFT WITH A RADIUS OF 50.00 FEET COUNTYAf TULSA 1 AND A CENTRAL ANGLE OF 2719'57" FOR 28.62 FEET: THENCE NORTH 00'22'49' EAST FOR 1.13 FEET; THENCE SOUTH 89'37'11' EAST FOR 0.00 FEET TO A POINT OF CURVE; I. Eadene Wkan, Tuko Cowl, CWk. in and y I I H THENCE ALONG A CURVE T8 THE LEFT WITH A RADIUS 60.00 FEET AND A CENTRAL sovo o0'!- X17. !• 4, O S \_ \ .•`V / G�` Qua � _ / / 1 LEGAL DESCRIPTION / A TRACT OF LAND SITUATED IN THE NORTHEAST (NE/4) QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, MANGE 14 EAST OF MA. INDIAN BASE AND MERIDIAN. CITY OF / OWASSO, TULSA COUNTY. STATE OF OKLAHOMA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 18; THENCE NORTH 01'12'35" WWEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER FOR 710.00 FEET; THENCE ALONG THE NORTHERLY LINE OF LOT 1, BLOCK 1, FIRST CHRISTIAN CHURCH OF OWASSO. AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE RECORDED PLAT NO. 5749 FOR THE FOLLOWING 5 TREASURER'S STAMP COURSES; SOUTH 8547.25" WEST FOR 195.48 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 390.00 FEET AND A CENTRAL ANGLE OF 4500'00" FOR 306.31 FEET; THENCE NORTH 4512'35" WEST FOR 98.75 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 390.00 FEET AND A CENTRAL ANGLE OF 4700'00- FOR 285.88 FEET: THENCE NORTH 8512.35" WEST FOR 72.88 FEET: THENCE SOUTH 0527'46" WEST FOR 100.69 FEET TO THE POINT OF BEGINNING; S65 47' 25'W- . -__�p 196.48' R 14 EAST 106TH STI uRGr ° C i B ,f r ,,,,.,. - EAST 96TH TREET NORTH Tulsa County LOCATION MAP SCALE: I'-- 0 50 100 1 LEGEND: ,l I I I 1P4 I i Q THENCE CONRNUING ALONG THE WEST LOT UNE OF SAID LOT 1, BLOCK 1, FIRST CHRISTIAN CHURCH OF OWASSO FOR THE FOLLOWING 2 COURSES. SOUTH 0527'46' WEST i 11_j FOR 157.68 FEET; THENCE SOUTH 2142'46- W FOR 160.00 FEET; THENCE NORTH ------------ - - - - -- -- ------ --- --- -- -- - -- --- -- -------------------- -- E. 101ST STREET NORTH 320'°°' SE CORNER OF THE NE/ OF SECTION /8, T -21 -N. 62'17'14" WEST FOR 205.00 FEET: THENCE NORTH 2742'46" FAST FOR 169.06 FEET TO STATE Of OKLAHOAAA l SS ' , A POINT OF CURVE; THENCE AILING A CURVE TO THE LEFT WITH A RADIUS OF 50.00 FEET COUNTYAf TULSA 1 AND A CENTRAL ANGLE OF 2719'57" FOR 28.62 FEET: THENCE NORTH 00'22'49' EAST FOR 1.13 FEET; THENCE SOUTH 89'37'11' EAST FOR 0.00 FEET TO A POINT OF CURVE; I. Eadene Wkan, Tuko Cowl, CWk. in and y I I H THENCE ALONG A CURVE T8 THE LEFT WITH A RADIUS 60.00 FEET AND A CENTRAL the and Ste adore named. do and U ANGLE OF 43'59'13' FOR 64.21 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE the f h owfity forepoirgkatrue herebye ly TO THE RIGHT WITH A RADIUS OF 13.00 FEET AND A CENTRAL ANGLE OF 47.23'49" FOR and correct copy of o Re Ind-I now 10.75 FEET: THENCE SOUTH 88'12'35" FAST FOR 126.26 FEET TO THE POINT OF an Me M nW oft'. BEGINNING. Datetl the tlay of 2111 I SAID TRACT CONTAINS 53,045 SQUARE FEET OR 1.218 ACRES MORE OR LESS. EARLENE WILSON. Tuka COUnly Clerk DePVIy _ _ _ __ _ _ __ __ __ _ _ __ __ _ _ __ _ _ _ __ _ _- ------- - - - - -- 585 42' 4-- - - - - -� __ ------------ - - - - -- -- ------ --- --- -- -- - -- --- -- -------------------- -- E. 101ST STREET NORTH 320'°°' SE CORNER OF THE NE/ OF SECTION /8, T -21 -N. R -14 -E B/L - BUILDING LINE SET U/E = UTILITY EASEMENT LN.A. - UMITS OF NO ACC MA /E - MUTUAL ACCESS E D/E = DRAINAGE EASEMEln BASIS OF BEARINGS: BEARINGS SHOWN HEREON , BASED ON THE EASTERLY L OF SECTION 18 HAVING AN ASSUMED NDN- ASTRONOMIC BEARING OF SOl'12'35 "E. MONUMENT NOTES ALL LOT AND BLOCK CORN] WILL BE MARKED WITH NO. DEFORMED RE -BAR, 18 INC LONG WITH YELLOW PLASTIC STAMPED 'lyHliE CA 1098' NOTED OTHERWISE. FLOOD PLAIN NOTE: THIS PROPERTY LIES IN ZO "X- UNSHADED" FLOOD HAZ, AREA PER F.I.R.M. COMMUN PANEL NO. 400452 0236H, LAST REVISED SEPTEMBER 1999. BENCHMARKS /I CHSELED BOX SET ON 70.- OF CURB ELEV. - 691.54 N-4812612128 E- 250I634SO791 12 CHISELED BOX SET CW TOP OF CURB ELEY. - W9.J6 N- 4012729623 E 2501J79.4085 /3 CHISELED BOX SET ON TOP OF CURB ELEV. - 69068 N- 481J39.6527 E-2501520. DATUM Honzonto %• OK Stafe PJana MD1983(199J): Zane: J501 OAbAoma No, V -6-1, MW 1988 Lbt- BAILEY MEDICAL CAMPUS Final Plat N AND RESTRICTIVE COVENANTS :SE PRESENTS: CATION ( "FOUNDATION ") IS THE OWNER OF THE FOLLOWING HE CITY OF OWASSO. TULSA COUNTY, STATE OF OKLAHOMA, TO ITUATED IN THE NORTHEAST (NE /4) QUARTER OF SECTION 18. RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF Y. STATE OF OKLAHOMA. AND MORE PARTICULARLY DESCRIBED AS ;OUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 18; 35" WWEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER ENCE ALONG THE NORTHERLY LINE OF LDT 1, BLOCK 1, FIRST OWASSO. AN ADDITION TO THE Cm OF OWASSO. TULSA COUNTY. ACCORDING TO THE RECORDED PLAT NO. 5749 FOR THE S; SOUTH 88'47'25" WEST FOR 198.48 FEET; THENCE ALONG A WITH A RADIUS OF 390.00 FEET AND A CENTRAL ANGLE OF FEET; THENCE NORTH 46'12'35" WEST FOR 98.75 FEET; THENCE HE LEFT WITH A RADIUS OF 390.00 FEET AND A CENTRAL ANGLE 15.88 FEET; THENCE NORTH 86'12'35' WEST FOR 72.88 FEET; 16' WEST FOR 100.69 FEET TO THE POINT OF BEGINNING; LONG THE WEST LOT LINE OF SAID LOT 1, BLOCK 1, FIRST OWASSO FOR THE FOLLOWING 2 COURSES, SOUTH 08'27'46" T; THENCE SOUTH 2742'46" W FOR 160.00 FEET; THENCE NORTH 205.00 FEET; THENCE NORTH 2742'46' EAST FOR 169.06 FEET THENCE ALNG A CURVE TO THE LEFT WITH A RADIUS OF 60.00 ANGLE OF 2719'57" FOR 28.62 FEET: THENCE NORTH 00'22'49' THENCE SOUTH 89'37'11" EAST FOR 0.00 FEET TO A POINT OF A CURVE TO THE LEFT WITH A RADIUS OF 80.00 FEET AND A 59'13" FOR 64.21 FEET TO A POINT OF CURVE; THENCE ALONG HT WITH A RADIUS OF 13.00 FEET AND A CENTRAL ANGLE OF FEET; THENCE SOUTH 88'12'35" EAST FOR 126.26 FEET TO THE TED THE SUBJECT LOT I. BLOCK 1 TO BE SURVEYED. STAKED, DED INTO A LOT' AND A BLOCK IN CONFORMITY WITH THE NO SURVEY (HEREINAFTER THE -PLAT-) AND HAVE ENTITLED AND 1DIVISION AS 'BAILEY MEDICAL CAMPUS" (LOCATED IN THE TRACT VI AS DESCRIBED IN THE DECLARATION OF COVENANTS, TRICTIONS FOR THE BAILEY RANCH, DATED MAY 31, 2005, 96). AN ADDITION IN THE CITY OF OWASSO. TULSA COUNTY, :R THE 'SUBDMSION "). ; AND UTILITIES BY DEDICATES FOR PUBLIC USE THE UTILITY EASEMENTS AS ACCOMPANYING PLAT AS "U /E" OR "UTILITY EASEMENT -, FOR THE .-S OF CONSTRUCTING, MAINTAINING, OPERATING, REPAIRING, R REMOVING ANY AND ALL PUBLIC UTILITIES, INCLUDING STORM SEWERS, TELEPHONE AND COMMUNICATION LINES, ELECTRIC TRANSFORMERS, GAS LINES, WATER LINES AND CABLE TELEVISION WITH ALL FITTINGS, INCLUDING THE POLES, WIRES, CONDUITS, IERS, MANHOLES AND EQUIPMENT FOR EACH OF SUCH FACILITIES APPURTENANCES THERETO, WITH THE RIGHTS OF INGRESS AND JPON THE UTILITY EASEMENTS FOR THE USES AND PURPOSES TED HOWEVER, THE OWNER HEREBY RESERVES THE RIGHT TO UN. OPERATE, LAY AND RE -LAY WATER' LINES AND SEWER LINES, IE RIGHT OF INGRESS AND EGRESS FOR SUCH CONSTRUCTION. 1ATON, LAYING AND RE -LAYING OVER. ACROSS AND ALONG ALL EASEMENTS DEPICTED ON THE PLAT, FOR THE PURPOSE OF AND /OR SEWER SERVICES TO THE AREA INCLUDED IN THE PLAT. I IMPOSES A RESTRICTIVE COVENANT, WHICH COVENANT SHALL BE OWNER AND THEIR RESPECTIVE SUCCESSORS IN TITLE TO THE SHALL BE ENFORCEABLE BY THE CITY OF OWASSO. OKLAHOMA. -IER OF ANY AFFECTED UTILITY SERVICE, THAT WITHIN THE UTILITY ED ON THE ACCOMPANYING PLAT NO BUILDING, STRUCTURE OR BELOW GROUND OBSTRUCTION THAT INTERFERES WITH THE ABOVE HALL BE PLACED, ERECTED, INSTALLED OR MAINTAINED, PROVIDED ; HEREIN SHALL BE DEEMED TO PROHIBIT DRIVES, PARKING ANDSCAPING AND CUSTOMARY SCREENING FENCES THAT DO NOT 3TRUCTION. JF AND CABLE TFI EVISION SERVICE FOR THE SUPPLY OF ELECTRIC, TELEPHONE AND CABLE 'ICES MAY BE LOCATED ALONG THE LARKIN BAILEY BOULEVARD 0' OF THE SUBDIVISION, IF LOCATED WITHIN A UTILITY EASEMENT THE ACCOMPANYING PLAT. STREET LIGHT POLES OR STANDARDS BY OVERHEAD LINE OR UNDERGROUND CABLE, AND ELSEWHERE HE SUBDIVISION ALL SUPPLY LINES SHALL BE LOCATED IN THE UTILITY EASEMENTS. SERVICE PEDESTALS AND AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY ALSO ;HE UTILITY EASEMENTS. ;ERVICE CABLES TO ALL STRUCTURES WHICH MAY BE LOCATED XASION MAY BE RUN FROM THE NEAREST SERVICE PEDESTAL OR D THE POINT OF USAGE THE BY THE LOCATION AND' )F SUCH STRUCTURE AS MAY BE LOCATED UPON THE LOT, UPON THE INSTALLATION OF A SERVICE CABLE TO A PARTICULAR SUPPLIER OF SERVICE SHALL THEREAFTER BE DEEMED TO HAVE RMANENT AND EFFECTIVE EASEMENT ON THE LOT, COVERING A 5 TENDING 2.5 FEET ON EACH SIDE OF THE SERVICE CABLE, 1 THE SERVICE PEDESTAL OR TRANSFORMER TO THE SERVICE IE STRUCTURE. OF ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES, ;EATS AND EMPLOYEES, SHALL AT ALL TIMES HAVE RIGHT OF UTILITY EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT OR IDEO FOR IN THIS DEED OF DEDICATION FOR THE PURPOSE OF JTAINING, REMOVING OR REPLACING ANY PORTION OF THE Final Subdivision Plat BAILEY MEDICAL CAMPUS AN ADDITION TO THE CITY OF OWASSO, BEING A SUBDIVISION IN THE NE/4 OF SECTION 18, T -21 -N, R -14 -E OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA ADDITION HAS 1 LOT IN 1 BLOCK AND CONTAINS 1.22 ACRE MORE OR LESS. UNDERGROUND ELECTRIC, TELEPHONE OR CABLE TELEVISION FACILITIES INSTALLED BY THE SUPPUER OF THE UTRITY SERVICE. 4. THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE UNDERGROUND SERVICE FACILITIES LOCATED ON THEIR LOT AND SHALL PREVENT THE ALTERATION OF GRADE OR ANY CONSTRUCTION ACTIVITY WHICH WOULD INTERFERE WITH THE ELECTRIC, TELEPHONE OR CABLE TELEVISION FACILTIES. THE SUPPLIER OF SERVICE SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF UNDERGROUND FACILITIES, BUT THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER OR THEIR AGENTS OR CONTRACTORS. 5. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH B SHALL BE ENFORCEABLE BY THE SUPPLIER OF THE ELECTRIC, TELEPHONE OR CABLE TELEVISION SERVICE, AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. C. WAIT R SANITARY SEWER AND STORM SEWER SFRVIrF 1. THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE PUBUC WATER MAINS, SANITARY SEWER MAINS AND STORM SEWERS LOCATED ON THEIR LOT. 2. WITHIN THE UTILITY EASEMENT, SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AREAS DEPICTED ON THE ACCOMPANYING PUT, THE ALTERATION OF GRADE FROM THE CONTOURS EXISTING UPON THE COMPLETION OF THE INSTALLATION OF A PUBLIC WATER MAIN, SANITARY SEWER MAIN OR STORM SEWER, OR ANY CONSTRUCTION ACTIVITY WHICH WOULD INTERFERE WITH PUBLIC WATER MAINS. SANITARY SEWER MAINS AND STORM SEWERS SHALL BE PROHIBITED. 3. THE CITY OF OWASSO. OKLAHOMA, OR ITS SUCCESSORS, SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF PUBLIC WATER MAINS. SANITARY SEWER MAINS AND STORM SEWERS, BUT THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH FACIUTIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER, THEIR AGENTS OR CONTRACTORS. 4. THE CITY OF OWASSO. OKLAHOMA, OR ITS SUCCESSORS. SHALL AT ALL TIMES HAVE RIGHT OF ACCESS TO ALL EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT, OR OTHERWISE PROVIDED FOR IN THIS DEED OF DEDICATION, FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING OR REPLACING ANY PORTION OF UNDERGROUND WATER MAINS, SANITARY SEWER MAINS OR STORM SEWER FACILITIES. 5. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH C SHALL BE ENFORCEABLE BY THE CITY OF OWASSO. OKLAHOMA, OR ITS SUCCESSORS, AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. 0. GAS SFRVI(_F 1. THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF GAS FACILITIES LOCATED ON THEIR LOT. 2. WITHIN THE UTILITY EASEMENT AREAS DEPICTED ON THE ACCOMPANYING PLAT, THE ALTERATION OF GRADE FROM THE CONTOURS EXISTING UPON THE COMPLETION OF THE INSTALLATION OF A GAS AWN OR ANY CONSTRUCTION ACTMTY WHICH WOULD INTERFERE WITH A GAS MAIN SHALL BE PROHIBITED. 3. THE SUPPLER OF GAS SERVICE SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF GAS MAINS, BUT THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER, THEIR AGENTS OR CONTRACTORS. 4. THE SUPPLIER OF GAS SERVICE SHALL AT ALL TIMES HAVE RIGHT OF ACCESS TO ALL EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT, OR OTHERWISE PROVIDED FOR IN THIS DEED OF DEDICATION, FOR THE PURPOSE OF INSTALLING, MAINTAINING. REMOVING OR REPLACING ANY PORTION OF GAS FACILITIES. 5. UNDERGROUND GAS SERVICE LINES TO ALL STRUCTURES WHICH MAY BE LOCATED WITHIN THE SUBDIVISION MAY BE RUN FROM THE NEAREST GAS MAIN TO THE POINT OF USAGE DETERMINED BY THE LOCATION AND CONSTRUCTION OF SUCH STRUCTURE AS MAY BE LOCATED UPON THE LOT, PROVIDED THAT UPON THE INSTALLATION OF A SERVICE LINE TO A PARTICULAR STRUCTURE, THE SUPPLIER OF SERVICE SHALL THEREAFTER BE DEEMED TO HAVE A DEFINITIVE, PERMANENT AND EFFECTIVE EASEMENT ON THE LOT, COVERING A 5 FOOT STRIP EXTENDING 2.5 FEET ON EACH SIDE OF THE SERVICE LINE, EXTENDING FROM THE GAS MAIN TO THE SERVICE ENTRANCE ON THE STRUCTURE. 6. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH Q SHALL BE ENFORCEABLE BY THE SUPPLIER OF GAS SERVICE AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. E. EACH LOT SHALL RECEIVE AND DRAIN, IN AN UNOBSTRUCTED MANNER, THE STORM AND SURFACE WATERS FROM LOTS AND DRAINAGE AREAS OF HIGHER ELEVATION AND FROM PUBLIC STREETS AND EASEMENTS. NO LOT OWNER SHALL CONSTRUCT OR PERMIT TO BE CONSTRUCTED ANY FENCING OR OTHER OBSTRUCTIONS WHICH WOULD IMPAIR THE DRAINAGE OF STORM AND SURFACE WATERS OVER AND ACROSS THEIR LOT. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH E SHALL BE ENFORCEABLE BY ANY AFFECTED LOT OWNER AND THE Cm OF OWASSO. OKLAHOMA. F. DRAINAGE E �ENFNTS 1. THE OWNER /DEVELOPER DOES HEREBY GRANT TO THE CITY OF OWASSO. OKLAHOMA AND ESTABLISH PERPETUAL EASEMENTS ON, OVER, AND ACROSS THOSE AREAS DESIGNATED ON THE ACCOMPANYING PLAT AS 'DE' OR 'DRAINAGE EASEMENT" FOR THE PURPOSES OF PERMITTING THE OVERLAND FLOW, CONVEYANCE, AND DISCHARGE OF STORM WATER RUNOFF FROM THE VARIOUS LOTS WITHIN THE SUBDIVISION AND FROM PROPERTIES OUTSIDE THE SUBDIVISION. 2. DRAINAGE FACILITIES CONSTRUCTED WITHIN DRAINAGE EASEMENTS SHALL BE IN ACCORDANCE WITH THE ADOPTED STANDARDS OF THE CITY OF OWASSO. OKLAHOMA, AND PLANS AND SPECIFICATIONS APPROVED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF OWASSO, OKLAHOMA. 3. NO FENCE, WALL, BUILDING OR OTHER OBSTRUCTION MAY BE PLACED OR MAINTAINED IN THE DRAINAGE EASEMENT AREAS NOR SHALL THERE BY ANY ALTERATION OF THE GRADES OR CONTOURS IN THE EASEMENT AREAS UNLESS APPROVED BY THE DEPARTMENT OF PUBLIC WORKS OF THE Cm OF OWASSO, OKLAHOMA, PROVIDED, HOWEVER, THAT THE PLANTING OF TURF NOT REQUIRE THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF OWASSO, OKLAHOMA. 4. THE DRAINAGE EASEMENT AREAS AND FACILITIES LOCATED WITHIN A LOT SHALL BE MAINTAINED BY THE OWNER OF THE LOT UPON WHICH THE DRAINAGE EASEMENT IS LOCATED AT THEIR COST IN ACCORDANCE WITH STANDARDS PRESCRIBED BY THE CITY OF OWASSO. OKLAHOMA. IN THE EVENT THE OWNER OF THE LOT OVER WHICH A DRAINAGE EASEMENT IS LOCATED SHOULD FAIL TO PROPERLY MAINTAIN THE EASEMENT AREA AND FACILITIES LOCATED THEREON OR, IN THE EVENT OF THE PLACEMENT OF AN OBSTRUCTION WITHIN THE EASEMENT AREA, OR THE ALTERATION OF THE GRADE OR CONTOUR THEREIN, THE CITY OF OWASSO. OKLAHOMA, OR ITS DESIGNATED CONTRACTOR MAY ENTER THE EASEMENT AREA AND PERFORM MAINTENANCE NECESSARY TO THE ACHIEVEMENT OF THE INTENDED DRAINAGE FUNCTIONS AND MAY REMOVE ANY OBSTRUCTION OR CORRECT ANY ALTERATION OF GRADE OR CONTOUR, AND THE COSTS THEREOF SHALL BE PAID BY THE OWNER. IN THE EVENT THE OWNER FAILS TO PAY THE COST OF MAINTENANCE AFTER COMPLETION OF THE MAINTENANCE AND RECEIPT OF A STATEMENT OF COSTS, THE CITY OF OWASSO. OKLAHOMA, MAY FILE OF RECORD A COPY OF THE STATEMENT OF COSTS, AND THEREAFTER THE COSTS SHALL BE A LIEN AGAINST THE LOT OF THE OWNER. A UEN ESTABLISHED AS ABOVE PROVIDED MAY BE FORECLOSED BY THE CITY OF OWASSO, OKLAHOMA. G. ROOF DRAIN REQUIREMENTS THE OWNER /DEVELOPER HEREBY IMPOSES A RESTRICTIVE COVENANT, WHICH COVENANT SHALL BE BINDING ON EACH AFFECTED LOT OWNER AND SHALL BE ENFORCEABLE BY THE CITY OF OWASSO, OKLAHOMA, THAT THE BUILDING CONSTRUCTED ON LOT 1, BLOCK i SHALL EACH HAVE ROOF DRAINS DESIGNED AND CONSTRUCTED TO DISCHARGE STORM WATER RUNOFF TO THE ADJACENT STREETS AND /OR EASEMENTS. . H. PAVING AND LANDSCAPING WITHIN EASEMENTS THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE REPAIR OF DAMAGE TO LANDSCAPING AND PAVING OCCASIONED BY NECESSARY INSTALLATION OR MAINTENANCE OF UNDERGROUND WATER, SANITARY SEWER, STORM SEWER. NATURAL GAS, COMMUNICATION, CABLE TELEVISION OR ELECTRIC FACILITIES WITHIN THE EASEMENT AREAS DEPICTED UPON THE ACCOMPANYING PLAT, PROVIDED HOWEVER, THE CITY OF OWASSO. OKLAHOMA OR THE SUPPLIER OF THE UTILTY SERVICE SHALL USE REASONABLE CARE IN THE PERFORMANCE OF SUCH ACTIVITIES. I. SIDEWALKS SIDEWALKS ARE REQUIRED ALONG IARKIN BAILEY BOULEVARD IN ACCORDANCE WITH SUBDIVISION REGULATIONS. REQUIRED SIDEWALKS SHALL BE CONSTRUCTED IN CONFORMANCE WITH CITY OF OWASSO ENGINEERING DESIGN STANDARDS. THE OWNER /DEVELOPER SHALL CONSTRUCT REQUIRED SIDEWALKS WITHIN RESERVE AREAS, COMMON AREAS AND ALONG ARTERIAL STREET FRONTAGES OF ABUTTING LOTS HAVING ACCESS ONTO MINOR STREETS. WHERE SIDEWALKS ARE NOT CONSTRUCTED BY THE OWNER /DEVELOPER, THE BUILDER OF EACH LOT SHALL CONSTRUCT THE REQUIRED SIDEWALK. J. UTILITY EASEMENT D DI ATION THE DEDICATION OF STREET RIGHTS OF WAY AND UTILITY EASEMENTS TO THE PUBLIC, CONTAINED IN THIS SECTION I, SHALL NOT TAKE EFFECT UNTIL THE FLUNG BY THE CITY OF OWASSO, OKLAHOMA (ON BEHALF OF THE PUBLIC) IN THE TULSA COUNTY CLERK'S OFFICE OF A SEPARATE INSTRUMENT ENTITLED 'FORMAL ACCEPTANCE' OR SIMILAR WORDING, FORMALLY ACCEPTING THE DEDICATIONS AND INFRASTRUCTURE HOWEVER, THE RIGHTS AND USES OUTLINED HEREIN NECESSARY FOR THE INSTALLATION BY PRIVATE UTILITIES OF THEIR FACILITIES. I.E., ELECTRIC, GAS, TELEPHONE AND COMMUNICATION, ET. AL, DLCLUSIVE OF THOSE OWNED BY THE CITY OF OWASSO. SHALL BE IN EFFECT TO ALLOW ACCESS FOR SURVEYING, EXCAVATING FOR, CONSTRUCTION, OPERATING, AND MAINTAINING SUCH FACILITIES UNTIL THE CITY FILES ITS FORMAL ACCEPTANCE AND THESE RIGHTS AND USES ARE SUBSUMED BY THE PUBLIC DEDICATION. A. ENFORCEMENT THE RESTRICTIONS HEREIN SET FORTH ARE COVENANTS TO RUN WITH THE LOUD AND SHALL BE BINDING UPON THE OWNER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. WITHIN THE PROVISIONS OF SECTION I. FASEMFNTS 6&9 -UTIIQJFq ARE SET FORTH CERTAIN COVENANTS AND THE ENFORCEMENT RIGHTS PERTAINING THERETO, AND ADDITIONALLY THE COVENANTS WITHIN SECTION 1. WHETHER OR NOT SPECIFICALLY THEREIN SO STATED SHALL INURE TO THE BENEFIT OF AND SHALL BE ENFORCEABLE BY THE CITY OF OWASSO, OKLAHOMA. B. DURATION THESE RESTRICTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHALL BE PERPETUAL BUT IN ANY EVENT SHALL BE IN FORCE AND EFFECT FOR A TERM OF NOT LESS THAN THIRTY (30) YEARS FROM THE DATE OF THE RECORDING OF THIS DEED OF DEDICATION UNLESS TERMINATED OR AMENDED AS HEREINAFTER PROVIDED. C. AMENDMENT THE COVENANTS CONTAINED WITHIN SECTION I. EASEMENTS AND UTILITIES MAY BE AMENDED OR TERMINATED AT ANY TIME BY A WRITTEN INSTRUMENT SIGNED AND ACKNOWLEDGED BY THE OWNER OF THE LAND TO WHICH THE AMENDMENT OR TERMINATION IS TO BE APPLICABLE AND APPROVED BY THE CITY OF OWASSO PLANNING COMMISSION, OR ITS SUCCESSORS. D. cFVFRARIIm INVALIDATION OF ANY RESTRICTION SET FORTH HEREIN, OR ANY PART THEREOF, BY AN ORDER, JUDGMENT, OR DECREE OF ANY COURT, OR OTHERWISE, SHALL NOT INVAUOATE OR AFFECT ANY OF THE OTHER RESTRICTIONS OR ANY PART THEREOF AS SET FORTH HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, THE OWNERS HAVE EXECUTED THIS INSTRUMENT THIS _ DAY OF . 2011. N. c Title: STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS __ DAY 0 ___. 2011, BY _ AS NOTARY PUBUC - MY COMMISSION EXPIRES: CERTIFICATE OF SURVEY I, TOM HAYNES. A REGISTERED PROFESSIONAL LOUD SURVEYOR IN THE STATE 0 OKLAHOMA, DO HEREBY CERTIFY THAT I HAVE CAREFULLY AND ACCURATELY SURVEYEE SUBDIVIDED. AND PLATTED THE TRACT OF LAND DESCRIBED ABOVE, AND THAT TH ACCOMPANYING PLAT DESIGNATED HEREIN AS COACH PORT, A SUBDIVISION IN THE CIT OF BROKEN ARROW, TULSA COUNTY, STATE OF OKLAHOMA, IS A REPRESENTATION 0 THE SURVEY MADE ON THE GROUND USING GENERALLY ACCEPTED PRACTICES AN MEETS OR EXCEEDS THE OKLAHOMA MINIMUM STANDARDS FOR THE PRACTICE OF LAN SURVEYING. BY TOM HAYNES REGISTERED PROFESSIONAL LAND SURVEYOR OKLAHOMA NO. 1052 STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) THE FOREGOING CERTIFICATE OF SURVEY WAS ACKNOWLEDGED BEFORE ME ON THIS _DAY OF , 2011, BY TOM HAYNES. NOTARY PUBLIC MY COMMISSION EXPIRES: CERTIFICATION OF CITY CLERK I, CITY CLERK OF THE CITY OF OWASSO. STATE 0 OKLAHOMA. DO HEREBY CERTIFY THAT I HAVE EXAMINED THE RECORD OF THE SAID CT AND FIND THAT ALL DEFERRED PAYMENTS OR UNMATURED INSTALLMENTS UPON SPECIA ASSESSMENTS HAVE BEEN PAID IN FULL AND THAT THERE IS NO SPECIAL ASSESSMEN PROCEDURE NOW PENDING AGAINST THE LAND AS SHOWN ON THE ANNEXED PLA BAILEY MEDICAL CAMPUS. ACCEPTANCE OF DEDICATION BY CITY COUNCIL BE IT RESOLVED BY THE COUNCIL OF THE Cm OF OWASSO. STATE OF OKLAHOMA, THA THE DEDICATION SHOWN IN THE ANNEXED PLAT OF 8MLLEY MEDICAL CAMPUS IS HEREB ACCEPTED. ADOPTED BY THE COUNCIL OF OWASSO ON THIS _ DAY 0 . 2011. MAYOR CITY CLERK BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC OF THE STATE OF OKLAHOMA 0 THIS _ DAY OF 2011 PERSONALLY APPEARS TO ME KNOWN TO BE THE IDENTICAL PERSO WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED TO M THAT HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR TH USES AND PURPOSES THEREIN EXPRESSED. NOTARY PUBLIC MY COMMISSION EXPIRES: BAILEY MEDICAL CAMPUS, Tulsa Co Final Plat, May 05, SUBJECT PROPERTY Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com BAILEY MEDICAL CAMPUS LOCATION MAP N W E S 1/17/11 The City Wi*rut Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce Stephenson City Planner SUBJECT: SUP 11-01 (Specific Use Permit to Allow a Vehicle Repair Shop) DATE: June 17, 2011 BACKGROUND: The City of Owasso has received a request to review SUP 1 1 -01, a Specific Use Permit (SUP) for an "automotive repair and service" business on a 0.645 acre tract located in front of the Caudle Center at the southwest corner of the intersection of Garnett Road and E. 96th Street North. The property is currently undeveloped and is not platted. A 30 -foot stormwater /drainage easement is adjacent to the south boundary of the lot and a second 30 -foot stormwater /drainage easement touches the northwest corner. Access to the proposed development will be from a mutual access drive that is currently recorded along the north boundary of the tract, currently serving the Bank of Oklahoma and Caudle Center. A 30' utility easement lies to the west of the property. The property is zoned Commercial Shopping (CS) with a PUD overlay (OPUD 02 -01). Vehicle repair facilities are permitted within the CS zoning district with a Specific Use Permit; it should be noted that OPUD 02 -01 does not prohibit vehicle repair businesses. SURROUNDING LAND USE /ZONING DESIGNATIONS: Direction Zoning Use Land Use Plan Jurisdiction Commercial North Bank Commercial Owasso Shopping CS Flood Control South Undeveloped and N/A Owasso Drainage AgriAculture East Undeveloped Commercial Owasso Commercial Detention West Shopping CS Facility Commercial Owasso DEVELOPMENT PROCESS: Step One, Specific Use Permit The applicant will have to gain approval of the use to develop a vehicle repair shop on the subject property. An SUP is required when a proposed use has the potential to be more intense than the adjoining uses, potentially making it incompatible with the surrounding area. Often times these more intense uses can successfully exist amongst other less intense uses if certain conditions are required that mitigate potential negative impacts. These conditions often exist in the form of increased or decreased setbacks, additional landscaping requirements, additional or modified lighting, screening and /or fencing, building site modifications, additional amenities, and other requirements that the Planning Commission and City Council feel are appropriate to reduce potential impacts. Step 2, 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. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 3, Site Plan Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting a Specific Use Permit for an "automotive repair and service" business on a 0.645 acre tract located in a CS zoning district within OPUD 02 -01. Specific Use Permit applications require the applicant to provide more detail relating to the site plan and building architecture. The applicant has submitted a set of drawings, which provide an indication of building architecture and layout of the facility on the property. It is desirable that auto repair facilities orient their building in such a way that the structure is perpendicular to the road so that the bays do not face the public street. According to the site plan, the building will be oriented perpendicular to Garnett Road, which will keep the bays from being fronted along the street. The architecture of the facility is masonry and contains a variety of textures and patterns, and complements the existing theme established with the Caudle Center architecture. The proposed site plan and use of the vehicle repair business appear to be consistent with the conceptual plan and uses outlined in the design criteria for the Caudle Commercial Planned Unit Development (PUD). The conceptual site plan submitted with the applicant's SUP application depicts the proposed building closer to the property line than would be allowed per the Owasso Zoning Code. However, modifications to the bulk standards requirements are permissible under Specific Use Permits, if approved by the City Council. By allowing the structure closer to the property line, the applicant proposes to construct parking facilities at the rear (west) of the lot (as shown on the provided site plan), which would place the business' parking area closer to the parking area for the remainder of the Caudle Center. Staff has reviewed the proposed location and has also determined that allowing the structure to be constructed closer to the road allows the business to be visible without needing large and bulky signage that is often associated with shopping centers and commercial locations at major intersections. The requested zoning change is found to be in accordance with the Owasso Land Use Master Plan, which indicates commercial uses are appropriate for this location. According to the current FEMA maps, some of this property lies within the 100 -year floodplain area. However, the present FEMA maps do not take into account the recently completed Garnett Regional Detention Pond, which was designed to accommodate stormwater from development on this property as well as many others in this area of the City. According to information received from both the City engineering department and applicant's engineer, all required permits and forms have been submitted to both FEMA and the Corp of Engineers to initiate changes to the boundaries of the floodplain. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives and parking areas, storm water detention, sidewalks and landscaping. Sanitary sewer service, water service, fire protection and EMS will be provided by the City of Owasso. This property is subject to Garnett Regional Detention Facility payback, which is due at the time of final platting of the property. Letters were mailed to surrounding property owners within 300' of the subject property and the notification was published in the Owasso Reporter. The notification to property owners is attached for your information and review. TECHNICAL ADVISORY COMMITTEE: This request was brought before the Technical Advisory Committee (TAC) at their May 25, 2011 meeting, and the following items were discussed: • Trees along the south boundary for every 50 linear feet • Signage along the frontage • Garnett Regional Detention Payback fee • Submittal of site plan and plat simultaneously • Modification of front setback to allow for a reduced setback of 20 feet along Garnett Road • Material used for the screening fence around the dumpster (applicant indicated that the material will match those used on the main building) OWASSO PLANNING COMMISSION: The Owasso Planning Commission discussed this item at their regular meeting on June 13, 2011. After receiving staff's presentation and hearing from the applicant, the Planning Commission voted 4 -0 to recommend approval of the SUP to the City Council with staff's recommended conditions. RECOMMENDATION: Staff recommends City Council approval of SUP 11 -01 based upon the following conditions: • Provide one (1) tree along the south boundary for every 50 linear feet • The site shall be permitted to have one monument sign no taller than 6 feet in height. • The front setback be reduced to twenty (20) feet as shown on the conceptual site plan. ATTACHMENTS: A. Location Map B. Preliminary Site Plan C. Proposed Building Elevations Christian Brothers Automotive - — '1'10%44 -11000 9(0)2— 9603 -- — '1'1'104 1' 1106-- I' PIO'st------------------ - - - - - -- i I — — —— — — — — — -- — — — — — — — - — — — — — — - —— — — — — — — — — — — — — — — — — - —— + I zl i I 1'1907 1'100'1 '11003 11005 1'1007 , I I —I1 9509 ,., w 5507 Q I 111906" '41002 '1'1000. 11006 w I Z 5505 I 95 40 I I 10905 11001 tIW3 11005 I 9503 -- Subject Property I w0'I 10906 '11002 1'1000. 11006 , '�L hic�`t{ `{ I I I I 1 I 1 9423 I I 100 m I I 300 ft Community = 1:2257 Development - 06/0812011 ,V - 1_ SUP 11 -01 L ` This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To he sure of complete accuracy, please contact Owasso staff for the most up -to -date information. Christian Brothers Automotive - Community 1:2257 Development 06108/2011 SUP 11 -01 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. I Scale: 1 " =100' �„ '/I g1 ! i r I I I 7 ! 3 I I I aj u, I DETENTION POND AREA _J Exhibit E 96St St N and North Garnett Roar! N East 96th Street North En2 - - -- -- - — - - -- -.. _ - -_ — _— -I POINT NENOF� NENCEMENT -!II SECTION 19 —• T -21-N, R -14-E I I !� - — - _.., -I it rrl I �F I II ill�fl ! II'I 1 SOU1N LINE WX PLAT p R 14 E 240.00' - . 30 MUTUAL ACCESS EASE14EN7�- ! _ DLCUUENT NO. 2005136671 & I I W, I W I E estriCted Tract I A �I 46,217 8q. Ft. C4 9 I I I 1 i / 8 x.59'09., a, POINT BEGINNING 240.00' I j11 Tract oq I I 0.645 Acres "0 I I 28,080 Sq. Ft sD sTaww owe 17 240.00 I ' DOCUMENT NATERZ O. N' 8r59108'• w I�L {� I II II 11 i 1 I 1k / � IIDdTr3lneN 11 AREA 240.00' - . 30 MUTUAL ACCESS EASE14EN7�- ! _ DLCUUENT NO. 2005136671 & I I W, I W I E estriCted Tract I A �I 46,217 8q. Ft. 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TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Public Hearing for the Utilization of 2011 CDBG Funding DATE: June 17, 2011 BACKGROUND: As a member of the Tulsa Urban County Community Development Block Grant (CDBG) program, the City of Owasso is eligible to apply for CDBG funds for 2011. Previously, Owasso received CDBG money via the Small Cities Set -Aside program administered by the Oklahoma Department of Commerce. Now that the City participates in the Urban County program, additional grant money is available, and the local match requirement has been removed. The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: ➢ Provide benefit to low and moderate income persons. ➢ Aid in the prevention or elimination of slums or blight. ➢ Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living conditions in a definable geographic target area where at least 51% of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. In the past, Owasso has utilized CDBG monies for making sidewalk improvements, sewer improvements, and of course the Rayola Park project. Attached with this memo is a map illustrating the qualifying areas within Owasso based on 2000 Census data. The socioeconomic data for the 2010 census has not been processed yet, which is how the areas are defined. For CDBG 2011, the City of Owasso is allocated $108,114. REQUEST: When a project is at the beginning stages of design and development, the first requirement for the City of Owasso is to conduct a public hearing in order to solicit citizen comments concerning a proposed project and how the grant funds should be utilized. At this time, based on preliminary evaluation, staff is recommending using the CDBG funds for the following project: 1. Improvements to the Owasso Skate Park Other projects that have been considered include the following: 1. Sidewalks in original town 2. Sun Shelters at Rayola and Skate Park 3. Community Center roof replacement 4. New playground equipment at Rayola Park 5. Basketball courts at Rayola Park 6. Disc Golf Course at Rayola Park 7. Smoke detectors for homes in Original Town 8. Removal of blight 9. Street rehab in old town 10. Sidewalk connecting YMCA to 86th Street N. along service road 11. Drainage improvements south of Rayola Park 12. Purchase of property for eventual conversion for an open air market 13. Expansion of the spray park at Rayola 14. Continue with Main Street improvements The second requirement to receive funding through the CDBG program is the approval of a resolution, whereby the City of Owasso requests CDBG funds for fiscal year 2011. Once a Public Hearing has been held and citizen comments have been received and reviewed, staff intends to bring the necessary resolution before the City Council for consideration and appropriate action at the July 5, 2011 Regular Meeting. ATTACHMENTS: A. Notice of Public Hearing B. Grant Application C. Map of Qualifying Areas NOTICE OF TULSA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT OWASSO FY 2011 NEEDS PUBLIC HEARING A Public Hearing will be held at 6:30 p.m., in the City Council Meeting Room at 109 North Birch, Owasso, to receive recommendations on community development needs for the City of Owasso as a member of the Tulsa County CDBG Urban County. The amount of funds allocated to the City of Owasso is $108,114.00. Recommendations received will be considered by the Owasso City Council, the CDBG Urban County Policy Committee and the INCOG staff in developing Owasso's annual Metro City application. Comments or proposals, where feasible, will be incorporated into the FY 2011 application to be submitted to INCOG. Anyone requiring special accommodations pursuant to the Americans with Disabilities Act should notify Brian Dempster at 918/376 -1544. FY2011 METRO CITY APPLICATION GUIDANCE The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant- Metro City application for the FY2011 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(a-)_ incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Provide benefit to low and moderate income persons. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Amount Population Broken Arrow $421,525 24.0 Bixby $53,987 26.9 Jenks $38,306 25.9 Owasso $108,114 30.2 Sand Springs $77,178 38.4 Sapulpa $128,850 49.0 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(a-)_ incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Provide benefit to low and moderate income persons. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. 3. Engineering is a permissible use of CDBG funds. 4. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 6 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 ect on Two Required Application Documents 1. Application Summary Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 3 of 6 This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 4 of 6 • New Wastewater or Water Extensions to Previously Un- served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and /or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 5 of 6 projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 6 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FY2071 FUNDS 1. Name of Unit of Local Government _City of nwag-qn Mailing Address 111 North Main Owasso, OK Zip Code +4 74055 -0180 Phone Number (918)376 -1500 Fax # (918)376 -1599 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Doug Bonebrake Clerk Sherry Bishop 2. Name of Staff Contact Brian Dempster Phone Number (918)376 -1544 E -mail bdempster@cityofowasso.com 3. Project Title and Brief Description of Project C)Waccn Rkata Park anhnnramantc (Attach additional detail as needed) 4. Number of beneficiaries served 1,181 Census Tract /Block Group # 58.01/2 5 Project Budget Summary: CDBG Funds Other Sources Total Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 2 $ 108,114.00 $ 108,114.00 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Mayor Doug Bonebrake (Type) Name and Title of Chief Elected Official x [SEAL] Signature of Chief Elected Official State of Oklahoma County of Attest: Subscribed and sworn to before me .20 Clerk Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 2 Date ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: Itemized Description of Funding Source Funding Source Funding Source Total Project Construction Activity CDBG Grant City Other Expenditures Skate Park Enhancements $108,114.00 $ - Total Construction Activity Professional & Non Construction • Engineering /Architect Funds $ • Inspection Funds Other: Survey Other: Other: Total Professional & Non Const. $ - $ - $ Administrative Costs Public Administrative Funds $ - - - - - -- $ Direct Administrative Funds $ - - - - - -- Total Administrative Costs $ - $ - $ - Total Project Costs $0.00 $0.00 $0.00 $0.00 2011 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s) Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM Activity Name: ATTACHMENT B COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS OBTAINED FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE COLUMN Insert County Income Levels 33,250 38,000 42,750 47,450 51,250 55,050 58,850 62,650 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households 23 13 73 38 48 11 16 8 4 5 3 0 0 0 0 10 Total Number of Occupied Households /Homes in Activity Target Area = 492 Total Number of Persons in Activity Target Area = 1,181 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 251 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 601 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 176 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 77.11% I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City -wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) Signature of Chief Executive Official Date [Seal] Subscribed and sworn to before me , 20 . My commission expires Commission No. Clerk /Notary Signature Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) 20 Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment x Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2011 Tulsa County Urban County Page I o1' 1 Date /_AlaC_[N:I►Til=1►:r11 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY Please attach Certified Professional Cost Estimates /Engineering Report (where applicable) See attached Cost Estimate from Project Engineer. ATTACHMENT E COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY RESOLUTION WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2011 -2013; and, NOW THEREFORE, BE IT RESOLVED by the that the City of desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Commission that the City of affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this day of , 2011, at a (regularly or specially) scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). (Type) Name and Title of Chief Elected Official Signature of Chief Elected Official (S E A L) Attest: Subscribed and sworn to before me .20 Clerk Signature Additional Description Owasso CDBG Project for 2011/12 The City of Owasso proposes to make improvements to its existing skate park by adding some permanent concrete features and a sun shade. The project will replace some of the moveable jumps and ramps that currently exist at the park. The project is located at the current location of the skate park, which is approximately 5th Street and South Main Street. UP © o N LJ O ® (� E 12 .1- U o N =o � � o Y ® ® o m C t7 0 2� a fS _® ° c o O YY ¢ o J n O in U o all!nuolaaN All A -„ 193rd 4 �J v 4 177th E m o a N � v 7 m N 45th E Ist Ll- i. ett _ t N Min o 4 emorial � °o Sherid n Cn Yale _� r I The City Wit aut Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Agreement for Gas Facilities Relocation With Oklahoma Natural Gas Company - E 106th ST N & Garnett RD Intersection Improvements DATE: June 17, 2011 BACKGROUND: On November 1, 2005, the City Council approved Resolution No. 2005 -15 amending the priority determination of Capital Improvements projects eligible for funding during the FY 2005 -2006 to include conceptual design of four roadway intersections: ➢ North 145th East Avenue and East 96th Street North ➢ North Garnett Road and East 106th Street North ➢ North Mingo Road and East 96th Street North ➢ North 145th East Avenue and East 106th Street North The objective of the design work was to facilitate the preparation and submittal of funding applications to the Oklahoma Department of Transportation (ODOT) for financing the capital improvements. Results of the conceptual design work were presented to the City Council on October 10, 2006. Based on service ratings, projected traffic volumes (usage), construction costs, and relative location to critical facilities (fire stations, hospitals, etc.), the staff proposed construction of the improvements in the following sequence: ➢ North Garnett Road and East 106th Street North ➢ North 145th East Avenue and East 96th Street North ➢ North 145th East Avenue and East 106th Street North ➢ North Mingo Road and East 96th Street North The conceptual design report for the North Garnett Road and East 106th Street North intersection recommended constructing an intersection consisting of a five -lane section along Garnett and a three lane section along 106th Street. However, since the completion of the conceptual design, the City has experienced significant growth and has proposed an increase in the scope of the project to include five lanes plus a right turn lane on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left lane will be 250 feet in length. The estimated construction cost is $1,900,000 excluding right -of -away acquisition, project contingency, and utility costs. In September 2007, staff began communicating with ODOT officials on a monthly basis concerning eligible funding particularly for the North Garnett Road and East 106th Street North Intersection Project. In February 2009, ODOT approved federal funding for this project in the amount of $750,000. In March 2009, the City Council approved an engineering services agreement with PSA Dewberry for the expanded design of the intersection improvements in the amount of $119,500. The final design is near completion and all necessary right -of -away has been obtained. The next step in the planning phase of this project is utility relocation. UTILITY RELOCATION: Oklahoma Natural Gas (ONG) lines are located in private easements owned wholly by ONG, thus resulting in the necessity of an agreement between the City of Owasso and Oklahoma Natural Gas to facilitate the relocating of the lines and payment for such services. ONG currently owns and operates 1,637 linear feet of various size high and medium pressure distribution pipelines within the limits of the intersection project. Of this total length, 382 linear feet is located outside the public right -of -way and within the privately owned easement. This portion will need to be relocated at an estimated cost to the City of $110,495 including material, labor, and contract administration. PROPOSED AGREEMENT FOR GAS RELOCATION: A formal agreement is being reviewed by ONG representatives. At the time when the Council packets were printed, City staff had not received the signed agreement from ONG. However, staff anticipates the official agreement will be delivered to the City of Owasso by early next week. An unsigned copy of the agreement (see Attachment A) is attached. A summary of the agreement's key points are as follows: > Relocation costs will be based on actual costs of work performed. ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. > If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. > The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2011-2012 fiscal year. > ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. FUNDING: Sufficient funding exists in the Capital Improvements Fund for this project. RECOMMENDATION: Staff recommends City Council authorization for the Mayor to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso for the East 106th Street North and Garnett Road Intersection Improvements. In addition, the staff recommends City Council authorization for the City Manager to terminate the agreement (as allowed by paragraph 6 of the agreement), if revised cost estimates submitted by ONG become more than $110,495 prior to commencement of construction and it is determined by the City Manager that the revised estimate no longer fits within the City budget. ATTACHMENTS: A. Agreement B. Cost Estimate C. Site Map AGREEMENT GAS FACILITIES RELOCATION ROADWAY MPROVEMENT PROJECT _______ _______LOCATION --------------- CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on - -- DATE - - -. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the - - # -- plan sheets and the - - # --- page cost estimate, all dated - -- DATE - - -, of which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be -- $amount - -, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (3 0) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terrinate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such Page 1 of 3 facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. ATTEST: OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONEOK, Inc. Assistant Secretary Dated: Steve Wood Vice President - Operations APPROVED as to form and legality this day of 2011. Page 2 of 3 City Attorney CITY OF OWASSO, OKLAHOMA Mayor ATTEST: City Clerk This day of 12011. Page 3 of 3 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST E.106TH ST. N. & N. GARNETT RD. STATE JOB NO. 26599(04) Replacement with like kind & size Sht. 2 of 3 MATERIAL COST: QTY UNIT COST AMOUNT 4 112" PIPE - STEEL, .237" W, 10.80 # /FT, API -5L, GR. B, SMLS COATED W/ ARO 1,160 ft. 21.55 $24,998 2 3/8" PIPE - STEEL, .154" W, 3.65#/FT, API -5L, A -53 -13, SMLS COATE W/ ARO 720 ft. 9.77 $7,035 4" VALVE -GATE, RAISED FACE, ANSI 150#, 285# WP, STEEL, FULL OPENING 1 ea. 784.94 $785 4" FLANGE -WELD NECK, RAISED FACE, ST, 150LB 2 ea. 22.23 $45 4" GASKET -TYPW F (RING TYPE), 1/8" THICK, ANSI 150, 285 PSI WP 2 ea. 5.50 $11 4" BOLT -STUD, 5/8 "x3 3/4" W /2 -2H HEX NUTS EA., ASTM GR -137 16 ea. 1.13 $19 2" VALVE -GATE, RAISED FACE, ANSI 150#, 275# WP, STEEL, FUL OPENING 1 ea. 383.91 $384 2" FLANGE -WELD NECK, RAISED FACE, ST, 150 LB 2 ea. 15.54 $32 2" GASKET -TYPE F (RING TYPE), 1/8" THICK, ANSI 150,285 PSI WP 2 ea. 3.09 $7 2" BOLT -STUD, 5/8 "x3 1/4" W /2 -2H HEX NUTS EA., ASTM GR -67 8 ea. 1.05 $9 4" TEE - SPHERICAL, SERIES 150, WELD, 275 LB WP 3 ea. 715.89 $2,148 2" TEE -WD STOP, 3 -WAY, SCFD WD THIRD CAP 1 ea. 95.37 $96 2" FITTING - THREADED 0 -RING, 1500 LB WP 4 ea. 184.50 $738 4" ELBOW -ST, WELD, 90 DEG, LR, STD GRADE B, SMLS 9 ea. 23.96 $216 4" ELBOW -ST, WELD, 45 DEG, LR, STD GRADE B, SMLS 2 ea. 14.47 $29 2" ELBOW -ST, WELD, 90 DEG, LR, STD GRADE B, SMLS 4 ea. 9.71 $39 2" ELBOW -ST, WELD, 45 DEG, LR, STD GRADE B, SMLS 2 ea. 4.17 $9 4" TEE -WELD, STD, GRADE B, SMLS..188" WT 1 ea. 41.21 $42 4 "x4 "x2" TEE -WELD, STEEL, STD, GRADE B, SMLS, .280" WT 1 ea. 53.74 $54 4" CAP- STEEL - WELD -STD WT 6 ea. 16.62 $100 2" CAP- STEEL - WELD -STD WT 2 ea. 10.94 $22 17LB ANODE -CAST, MAGNESIUM, PACKAGED, 10FT LEAD, D3, HIGH POT 8 ea. 67.20 $538 2.50 "AB" TEST - STATION, CATHODIC PROTECTION, PLASTIC, 2 TERMINAL 4 ea. 15.35 $62 41 "x54" BOX - VALVE, POLY, SCREW TYPE, ADJUSTABLE 2 ea. 49.14 $99 COATING -PIPE, LIQUID EPDXY, HIGH BUILD, TWO LITER KIT 40 ea. 46.25 $1,850 4 "x9' ROLL -WRAP -PIPE, MICROCRYSTALINE, BROWN #2 40 ea. 9.11 $365 GALON - PRIMER- TEMCOAT 3000 29 ea. $0 MISC. MATERIAL $7,947 ESTIMATED MATERIAL COST $47,679 INSTALLATION COST: AMOUNT Stores Expense $12,354 Contract Construction Labor $177,430 Contract Design and Drafting Services $5,000 Company Labor $26,615 Indirect Labor, Payroll, Insurance, and Taxes $10,170 Automotive Expense $5,323 Right of Way Damages $5,000 TOTAL $289,571 Administrative and General Expense $130,307 Omissions and Contingencies $41,988 ESTIMATED INSTALLATION COST $414,187 ESTIMATED MATERIAL COST $47,679 ESTIMATED ABANDONMENT COST $11,547 TOTAL ESTIMATED RELOCATION COST $473,413 FINANCIAL RESPONSIBILITY Total within Private Right of Way = 382' Total within Public Right of Way = 1,255' City Share 382 ft. within additional required R/W 23.34% = $110,495 1637 ft. within total required RAN ONG Share 1255 ft, within present public R/W 76.66% = $362,918 1637 ft. within total required R/W Eastern Region Engineering (Randy Stalcup) Utility Design Services Inc. (Gerald Noll) 6/9/2011 OT City Wi *gout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Tim Doyle General Services Superintendent SUBJECT: Recommendation for Contract Award - Pavement Striping Project DATE: June 17, 2011 BACKGROUND: Included in the FY 2010 -2011 Streets Division Budget is $56,800.00 for a pavement striping project. Staff prepared the contact document, specifications and plans that included a base project for striping on 116 St. N. from Garnett Road to Memorial and on 86 St. N. from 129 E. Ave. to 145 E. Ave. Five alternate projects were developed of varying sizes to provide flexibility in the selection of additional striping projects to address other striping needs as funding allows. During the June 14, 2011 City Council Work Session, a question was raised regarding ownership of 116th Street North from Garnett Road to Memorial Drive. Research determined that the Owasso City Council approved the annexation of the property as ordinance Number 195 on August 24, 1976. SOLICITATION OF BIDS: In accordance with state statutes, a notice to bidders was published in the Tulsa World on Wednesday, May 25, 2011 and Wednesday, June 1, 2011 to solicit bids for the Pavement Striping Project. In addition, four vendors and three plan houses were also notified of the bid opportunity. The bid opening occurred on June 15, 2011, with three (3) contractors submitting bids (See Attachment B - Bid Tabulation). City staff completed their bid evaluation, and Road Safe Traffic Systems, Inc. was determined to be the lowest qualified bidder. In addition, staff determined that the base project and all five (5) alternates are within the approved budget. FUNDING: Funding is included in the FY 2010 -2011 Street Division Budget. It's also important to note, there will be a recommendation to City Council to carry-over this project funding in July 2011. RECOMMENDATION: Staff recommends City Council award the 2010 -2011 Pavement Striping Project, including the base project and the five (5) alternate projects to Road Safe Traffic Systems, Inc. in the amount of $51,938.20. LU J 0 2 W 2 0 2 romn bx m 66th ST N VICINITY MAP NO SCALE N W S 5;31;11 PAVEMENT STRIPING PROJECT I FY 2010-2011 1 CITY OF OWASSO PROJECT LOCATIONS ALTERNATE PROJECTS 0 North -F1 I I TS; 71 TA P TS 1-04-k FTZr', QTR TIIA-rTcOlz PT; Rilt-Isr, f,>-lU '"N' ATLQr IS 1':1N I E AN V 114LU iv USE: 01+ 1111;1 M�,Ml IS W I I'l 'A"ARRATIXT-1t, CYR A 7T(-VT T4't' C 'TT N' C-)T-, C)%V A S,'Z�C> OF T-r�, ACCITR ZXC-i 1 1 1 N. Main Sirccn P.O. Box 180 Owasso, OK 74055 918.376.15(X) ATTACH MENTR Br' BID Item Description 4" Yellow Stripe 2 4 5 I um WFI��M Unit Quantity unit COL�t Total Cost LF 25,178 41' White. Stripe IT 24,431 24"' Wide Stop Bar J a4-T4e---t13 LF 2,51 8" White Crosswalk Stripe 1.368 12" White Diagonal Crossi-valkStripe LF —'-----"'64 _50 White Turn Arrow EA . ... ... . . .. . ..... 37 1 White T,-xt"ONLr, EA 7 Railroad Crossing Symbol 7) EA 2 Mobilization Prqiect Allova,ajjce (I O",/� of base bid) 60: LS V TOTAL RASE BI& 4" Yal�llo�� . . . .... ..... . --- ... . ..... ....... . ..... 4" � hhe Stri pe 3 24" Wide Stop Bar . .. . .... ......... . ..... LF 4 White Turn Arrovv EA 5 White Doubje Tum Arrow EA 6 White'llext "ONLY" EA 7 Existilig Stripe Rejnt.)vzjj (961-11 St. Only) LF 8 Existing Arrow Removal (96th St. otllv) EA 9 Existing --ONLY" Removal (9604SLO111Y) EA. AL4TERNATE 42 Item Description 4" Yellow Stripe 4" White stripe 24" Wide Stop Bar TOTAL ALTFjtN-ATJF, #,I - Unit QLl"IfItity Ullit C.'Ost "rotal Cost LF 3 72 LF 83) —.-A-5-1— . �T IIF 59 1 -V 8" WhiteCrosswalk Stripe LF 4 1 S-3 161 31 - 51 Jos TOTAL ALTFjtN-ATJF, #,I - Unit QLl"IfItity Ullit C.'Ost "rotal Cost LF 3 72 LF 83) —.-A-5-1— . �T IIF 59 1 -V 8" WhiteCrosswalk Stripe LF low Diagonal Stripe White Turn A_ITOW White Double Turn Arrow ALTERNATE #-I hell) Deso•ipli(,11 D EA. EA TOIAL ALTERNA-TE 42: —131"j, QUanfitv I jijij 4" White, tripe . .. . .. . ....... . . ... . ... . .. . . ........ L I F 4" While, 1"(fril tane I S �s . ......... .. Wflite . . ........ EA ... .. ...... . White' . ...... .. ...... . .. . .. Ob TOTAL, ALTERNAIT]. #J. I -I vuN .... . . .... . 2 4" WNte SItj,jjje 12" Yellow . . . .. . . ...... 4 24" Wide Stop Bar Arrow 6 White Double Turn ArTom, 7 WIflite -.1-ext ALTERNATE #5 It 1, Description 8" White Stripc-... 2 24" Wide. jStop Bar --BIDS-, BASE RID.. ALTERNA'VE #I,,- Al.,',rf'R-NATE #2: ALTERNATE #4: ALTERNATF 45: the I-ic-111t i ) � � ( I . ... ......... .. . ....... 178 4191* LF 41 LY 78 EA 4 -tIX/ EA EA TOTAL ALTERNATE #4: QW,41tity unit CO st 'Total Cost, LIT 367 If I LF 58 q, TOTAL ATLERNATE 7. BIDDERagrees that file Wor �vijj besubstaijjj jjjy- "ontract the dat1 Whell tile witlijij 0 C�jjerldar days and c0lilpleted and CoI-lIII)ellCe k) I'Lln �J,.S pj'o�.;jded by tile Gelleral C'onditions- roa(-'v ro" J�lllal PaIV1.110,11 in accordance. �vitf* Within 45 calendar dav the General Conditimis 'IS. BfDDER accepts the PrOVisions of the Aglteelilent as to liquidated c-hamag-'e, of Fi'vv Hundred Dollars S sptcified for substantial ,,,,p,,ti,'tcll collsecLit've ca(etldal� dIly that expires after tile IjIlle )II U11til the WOr' is SLlbStajltitjjjy C,-)n li. The following docunleilts al-e att""Che'd to arc l Made a Condition Of this Bid: A. Required Bid Secul.i.t\l in the forin of , B. Statement of Bidder's Qualification, C. All forrrrs listed ill Instructiolls to Bidders., and. Sectiol, 0110, 9- The terms used ill this Bid which are defined ill the Gelleral Conditiolls of the Construction CO tract included as Part Of U10 rr Contract Docu Gelleral Condition& 11lellts have tile, IlleamilP assigned to theill CONIPANTY: Awmft The City Wit7a u tt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinance Amending Part 9, Licensing and Business Regulations of the Owasso Code of Ordinances DATE: June 17, 2011 BACKGROUND: Staff has recently reviewed the current structure and organization of Part 9 of the Code of Ordinances governing Licensing and Business Regulations. This review was prompted by growing concerns regarding the issuance of solicitor permits to individuals with a criminal record and the extremely complex schedule of fee licensing. In addition, the increasing number of inquiries regarding ordinances regulating mobile food vendors has raised concerns that the City's Code of Ordinances does not adequately address public health and safety risks that frequently occur when mobile food vendors operate in a community. CHAPTER 1, SOLICITORS: Consolidation: Currently, the licensing of door -to -door solicitors and other mobile vendors is regulated under Chapter 1 of Part 9 through a complicated fee structure containing twenty -five (25) different categories. Many of these provisions are noticeably out of date and are inapplicable in current times. The confusing and cumbersome categorizations and fee structure make it difficult for staff to charge uniform and fair fees to varying types of solicitors. The proposed ordinance repeals the current fee schedule and consolidates all twenty -five (25) categories under a single section entitled "Solicitors." Canvassers, peddlers and solicitors are all classified as solicitors in the amended ordinance, and solicitor fees are determined by duration of the permit rather than the nature of the solicitor's business or trade as follows: Daily Solicitor License - $10.00 per day. Weekly Solicitor License - $25.00 per week Six Month Solicitor License - $75.00 for each six month period. Nonprofit Organizations: Nonprofit organizations are not charged license fees or required to submit applications under the proposed ordinance. Rather, nonprofit organizations will be asked to provide an informational registration form whenever their members or agents are soliciting in the community. This information simply allows City staff to confirm that a particular organization is selling or raising funds when telephone inquiries are received from residents. City staff intends to make the registration form process for nonprofit organizations as easy and accessible as possible to locate, fill in the requested information, and submit, and it is anticipated that the registration form will be available in a user friendly format on the City's website. Requirements to be Added: The proposed ordinance restructures and significantly supplements the application process for individuals desiring to solicit within the city limits of Owasso. In researching surrounding communities, staff determined that most cities require solicitors to submit applications containing sufficient information for staff and law enforcement to verify that: 1) individuals making application have no outstanding warrants, 2) qualified businesses have appropriate tax documentation, 3) appropriate physical descriptions of individuals requesting solicitation permits and their corresponding vehicle information have been provided, and 4) the individuals do not have convictions for certain types of crimes for the preceding seven (7) years. The proposed amendments prevent individuals who have been convicted of felonies or misdemeanors involving moral turpitude during the preceding seven (7) years from obtaining a solicitor's license. Grounds for License Denial or Revocation The proposed amendments to the solicitor ordinance enable the City to deny or revoke a solicitor's permit whenever the solicitor submits an application containing fraudulent or false information, engages in fraud as a solicitor, repeatedly makes false statements or misrepresentations to customers, or conducts business as a solicitor in a manner that is unlawful, breaches the peace, or is otherwise harmful to the health and safety of the public. Stating this information in a clear and concise manner within the City's Code or Ordinances not only places solicitors on notice regarding prohibited conduct and inappropriate business practices, but additionally reduces the City's liability exposure in lawsuits when permits need to be denied or revoked. Prohibited Acts: The proposed amendments move the provisions governing penalties to a new section entitled "Prohibited Acts." Hours of solicitation remain unchanged with door -to -door solicitation allowed only between the hours of 9:00 a.m. and dusk. The proposed amendments additionally prohibit individuals from soliciting at residences and dwellings where "No Trespassing" or "No Soliciting" signs are clearly posted on or near the primary entry of a residence. Violations of "No Trespassing" and "No Soliciting" notices will serve as grounds for immediate revocation of a solicitor's license. CHAPTER 2, ITINERANT VENDORS: Currently, no changes are proposed for Chapter 2, "Itinerant Vendors." Staff believes it appropriate to continue review of this chapter in coordination with the Community Development Department to ensure that current processes are in accordance with Code and accurately describe the process through which interested individuals must proceed. CHAPTER 3, MOBILE FOOD VENDORS: Over the past several months, staff has received numerous inquiries relating to the operation and licensing requirements for ice cream trucks, hot dog carts, and other mobile food vending services, and has determined that a section within the Code of Ordinances addressing this issue is necessitated. Proposed ordinances governing mobile food vendors would, among other things, define different types of mobile food vendors, establish application requirements and specify fees to be assessed for food vendor permits. Proposed amendments are largely based 2 upon the current requirements of the Tulsa County Health Department relating to mobile food vendors. The fees included in the proposed amendments have been based upon the rates currently assessed in surrounding municipalities and with consideration of time spent by staff investigating, approving and thereafter checking and regulating the varying types of mobile food vendors. The proposed amendments additionally implement a requirement that individuals and businesses seeking to obtain mobile food vending licenses provide copies of Health Department certifications, tax licensing documentation, driver's license and vehicle information and information relating to any previous felony or misdemeanor involving moral turpitude. These requirements will enable staff and the police department to ensure that all businesses are operating legally and safely. As with regulations governing solicitors, licenses will not be issued to individuals with convictions for matters of moral turpitude during the preceding seven (7) years. Fee Schedule The fee to obtain a mobile food vendor license is determined under the proposed ordinance by the location and mobility of the particular vendor. The proposed fee schedule classifies mobile food vendors in one of four categories and assesses fees accordingly: Full- Service Mobile Food Vendor - $150.00 per vehicle per year. Pre - Packaged Mobile Food Vendor - $50 per vehicle per year. Pushcart Mobile Food Vendor - $50 per pushcart per year. Stationary Mobile Food Vendor - $50 per vehicle or cart per year. Definitions for each of the four categories of mobile food vendors are set forth in Section 9 -301 of the proposed ordinance. CHAPTER 4, USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS: No changes are proposed for Chapter Four (4). CHAPTER 5, PENALTY: The proposed amendments would repeal the current Chapter Five titled Penalty and rename this chapter License for the Sale and Serving of Alcohol and 3.2 Beer. Under the current code, licensing of businesses for the sale and serving of alcohol and 3.2 beer is contained within the chapter regulating solicitors and other mobile venders. The proposed amendments will relocate all alcohol and 3.2 beer licensing provisions to a separate chapter. This will allow rules and regulations governing sale and serving of alcohol to be more easily found and identified by interested individuals, businesses, or applicants. PROPOSED ACTION: Adoption of the proposed ordinance amending Part 9, Chapters 1, 3 & 5 3 RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 990, amending Part 9 of the Owasso Code of Ordinances, Chapters 1, 3, and 5. ATTACHMENTS: A. Ordinance No. 990 4 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 990 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY, CHAPTER 3, BILLIARDS AND CHAPTER 5, PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE: Part Nine, Licensing and Business Regulations, Chapter One, Occupational Licenses Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: CHAPTER 1 SOLICITORS Section 9 -101 Definitions Section 9 -102 Issuance Section 9 -103 License Required Section 9 -104 Application Required Section 9 -105 Display of License Section 9 -106 Prohibited Acts Section 9 -107 License Record Section 9 -108 License Period and Fee Schedule Section 9 -109 Transfer of License Prohibited Section 9 -110 Replacement of Lost License Section 9 -111 Grounds for Denial or Revocation of License Section 9 -112 Process of Revocation or Denial of License and Appeal Section 9 -113 Penalty SECTION 9 -101 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1. License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. Ordinance No. 990 2. Solicit: Includes anyone or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose C. Canvassing or peddling as defined in this section. 3. Solicitor: Any person who solicits for himself or any other person. 4. Canvass: Opinion sampling, poll - taking, proselytizing, or other similar activity from house to house, door to door, street to street, or from place to place. 5. Canvasser: Any person who engages in canvassing in person for himself or any other person. 6. Peddle: To travel from house to house, door to door, street to street, or place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the same for sale. 7. Peddler: Any person who peddles for himself or any other person. State Law Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22 -106, 22 -107. SECTION 9 -102 ISSUANCE A. The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. B. No license for soliciting shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required in this section, including soliciting, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. 2 Ordinance No. 990 SECTION 9 -104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Current, valid driver's license or state issued identification care of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification;; 6. A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past seven (7) years; 7. Valid and current state sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section shall carry the license with them at all times while engaging in soliciting, canvassing or peddling as those terms are defined in this section. A Solicitor shall produce the license for inspection and review upon request by any City official, law enforcement officer or any other person to whom the license holder is attempting to solicit, canvass or peddle. SECTION 9 -106 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: 1. It shall be unlawful for an Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling upon which a sign stating "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to public view either on or near the primary entrance of the 3 Ordinance No. 990 residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. It shall be unlawful for any Solicitor to solicit between the hours of dusk and 9:00 a.m. SECTION 9 -107 LICENSE RECORD The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9 -108 LICENSE PERIOD AND FEE SCHEDULE A. The license fee which shall be charged by the City Clerk for a Solicitor license shall be determined under the following schedule: 1. Daily Solicitor License — Ten Dollars ($10.00) per day; 2. Weekly Solicitor License - Twenty Dollars ($20.00) per week; 3. Six Month Solicitor License - Seventy Five Dollars ($75.00) for each six (6) month period. B. No license fee shall be charged to a nonprofit organization. A nonprofit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and/or state income tax by virtue of its nonprofit status. A registration form shall be completed and submitted whenever members or representatives of a nonprofit will be soliciting, canvassing or peddling within the City. SECTION 9 -109 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -110 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9 -111 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE L, Ordinance No. 990 Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past seven (7) years; 4. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. SECTION 9 -112 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government. The City Clerk's office shall give notice either in person, by telephone or mail to the licensee of the denial or revocation of their license. If mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or denial, and his decision shall be final. SECTION 9 -113 PENALTY Any person who engages in soliciting, canvassing or peddling without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs. Every day upon which a violation continues shall be deemed a separate offense. SECTION TWO: Part Nine, Licensing and Business Regulations, Chapter Three, Billiards, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: 5 Ordinance No. 990 CHAPTER 3 MOBILE FOOD VENDORS Section 9 -301 Definitions Section 9 -302 Issuance Section 9 -303 License and Approval from Property Owner and Board of Adjustment Required Section 9 -304 Application Required Section 9 -305 Display of License Section 9 -306 License Record Section 9 -307 License Period and Fee Schedule Section 9 -308 Transfer of License Prohibited Section 9 -309 Replacement of Lost License Section 9 -310 Grounds for Denial or Revocation of License Section 9 -311 Process of Revocation or Denial of License and Appeal Section 9 -312 Penalty SECTION 9 -301 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1. License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Full- service mobile food vendor: A vehicle or trailer designed and equipped to prepare and serve open food products. 3. Pre - packaged mobile food vendor: A vehicle or trailer limited to the sale of commercially manufactured pre - packaged products or products that are prepared and packaged at a licensed food service establishment. 4. Pushcart mobile food vendor: A non - self - propelled vehicle, the operation of which is limited to serving non - potentially hazardous foods. 4. Stationary food vendor: A food vendor serving from a temporary structure that is stationary in one location. SECTION 9 -302 ISSUANCE A. The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. 0 Ordinance No. 990 B. No license for mobile food vending shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied SECTION 9 -303 LICENSE AND APPROVAL FROM PROPERTY OWNER AND BOARD OF ADJUSTMENT REQUIRED A. It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required in this section, including full- service mobile food vending, pre - packaged mobile food vending, pushcart food vending and stationary food vending, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. B. It shall be unlawful for any mobile food vendor to locate their vehicle or equipment upon, or otherwise sell their products from, any property without obtaining permission from the owner of that property. It shall be necessary for a mobile food vendor applicant to submit with their application a copy of a contract, lease, agreement or letter authorizing the vendor's use of the property from the owner of any property where a mobile food vendor intends to locate their vehicle or equipment or otherwise sell their product. C. No mobile food vendor shall park their vehicle or equipment on any City street while selling, or offering to sell, any product. D. In addition to the license required under this section, all stationary food vendors shall additionally obtain a permit from the Board of Adjustment for the City of Owasso and shall at all times remain in compliance with all policies, procedures, rules and requirements of the Board of Adjustment. SECTION 9 -304 APPLICATION REQUIRED Applicants for any mobile food vending license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Detailed personal information and physical description of vendor(s); 3. Valid and current driver's license or state issued identification card of vendor; iA Ordinance No. 990 4. Vehicle information relating to vehicles used in the vending, to include make, model, year, tag number and a copy of the vehicle's current insurance verification 5. Valid and current state sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. 6. Valid and current county and state health department licensing information. 7. Copy of the contract, lease, agreement or letter from owner of property authorizing mobile food vendor to locate its vehicle or equipment or otherwise sell its product on the owner's property. SECTION 9 -305 DISPLAY OF LICENSE All mobile food vendors issued a license under this section shall plainly display the license on the mobile food vending vehicle or equipment where it may be readily seen by any City official, law enforcement officer or other regulatory official, and by any person or customer approaching the vendor's vehicle or mobile food vending equipment. SECTION 9 -306 LICENSE RECORD The City Clerk shall maintain a record of all mobile food vending licenses issued under this section showing the date of the issuance, the person to whom the license was issued, the time period covered by the license and the nature of the license. SECTION 9 -307 LICENSE PERIOD AND FEE SCHEDULE The initial fee and annual renewal fee charged by the City Clerk for a mobile food vending license shall be determined under the following fee schedule: 1. Full- service Mobile Food Vendors: One Hundred Fifty Dollars ($150.00) per vehicle, per year; 2. Pre - packaged Mobile Food Vendors: Fifty Dollars ($50.00) per vehicle, per year; 3. Pushcart Mobile Food Vendors: Fifty Dollars ($50.00) per pushcart, per year; 4. Stationary Food Vendors: Fifty Dollars ($50.00) per vehicle or cart, per year. SECTION 9 -308 TRANSFER OF LICENSE PROHIBITED N Ordinance No. 990 No mobile food vending license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -309 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9 -310 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE Applications and licenses for mobile food vending under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a vendor; 3. Conducting the business of mobile food vending in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace, danger or hazard to the health, safety, or general welfare of the public. 4. Revocation, suspension or failure to renew necessary state and county health department licenses. 5. Conviction of any felony or misdemeanor involving moral turpitude within the past seven (7) years. SECTION 9 -311 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The City Clerk's office shall either give written notice by personal service or by mail to the licensee of the denial or revocation of the license. The notice, if mailed, shall be mailed to the address listed on the application or license. The license shall stand revoked or denied from the date the notice is delivered by personal service or received by the licensee by mail. A licensee may appeal a denial or revocation to the City Manager within ten (10) days of receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be conducted by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be 9 Ordinance No. 990 conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or suspension, and his decision shall be final. SECTION 9 -312 PENALTY Any person who engages in mobile food vending without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense and upon conviction shall be fined, including costs. Each day upon which a violation continues to occur shall be deemed a separate offense. SECTION THREE: Part Nine, Licensing and Business Regulations, Chapter Five, Penalty, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: CHAPTER 5 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER Section 9 -501 Section 9 -502 Section 9 -503 Section 9 -504 Section 9 -505 Section 9 -506 Section 9 -507 Section 9 -508 Section 9 -509 Section 9 -510 License Required License Application License Issuance License Fee Schedule Suspension or Revocation of License Transfer of License Prohibited Acknowledgement of Compliance Checks Sale, Barter, or Gift Misrepresentation of Age Penalties SECTION 9 -501 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in the selling or serving of alcohol and /or 3.2 beer without first paying to the city the fee or tax required and procuring from the city a license. SECTION 9 -502 APPLICATION REQUIRED A. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer within the City of Owasso shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 10 Ordinance No. 990 B. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension, or revocation of a vendor's license issued by the City of Owasso. (Prior Code, Sec. 9- 114(C)) SECTION 9 -503 LICENSE ISSUANCE A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1. Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2. Satisfactorily submitted the application required under this section to the City Clerk. 3. Paid the required license fee as set forth in Section 9 -504 of this section. All licenses shall be issued for one (1) calendar year from January 1St to December 31St The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in Section 9- 410(2) of this Chapter. (Prior Code, Sec. 9- 114(D)) SECTION 9 -504 LICENSE FEE SCHEDULE The following fees shall be assessed to vendors wishing to engage in the serving or selling of alcohol or 3.2 beer: 1. ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of Ten Dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and /or 3.2 beer which is not intended to be 11 Ordinance No. 990 consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2. ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of Twenty Dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and /or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 30. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. (Prior Code, Section 9- 114(B)) SECTION 9 -505 SUSPENSION OR REVOCATION OF LICENSE The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contender plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set for in Section 9 -510 of this section. (Prior Code, Section 9- 114(A)2) SECTION 9 -506 TRANSFER OF LICENSE PROHIBITED Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business 12 Ordinance No. 990 engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. (Prior Code, Section 9- 114(G)) SECTION 9 -507 ACKNOWLEDGEMENT OF COMPLIANCE CHECKS A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in Section 9 -510 of this section. (Prior code, Section 9- 114(A)3) SECTION 9 -508 SALE, BARTER, OR GIFT It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty -one (21) any beverage or other product containing alcohol or 3.2 beer. Conviction or acceptance of a plea bargain by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided in Section 9 -510 of this section. (Prior Code, Section 9- 114(E)) SECTION 9 -509 MISREPRESENTATION OF AGE It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. SECTION 9 -510 PENALTIES 1. SUSPENSION OF LICENSE a. A license granted under this section may be revoked or suspended by the City Manager, without a hearing, subsequent to conviction of the vendor, its employees or agents, for the sale of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed on the vendor: i. 1St Conviction of the vendor or its employees within a twenty -four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in the suspension of the vendor's license. 13 Ordinance No. 990 ii. 2nd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and /or 3.2 beer for three (3) consecutive days. iii. 3rd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and /or 3.2 beer for seven (7) consecutive days. iv. 0' Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and /or 3.2 beer for an additional thirty (30) day period. v. Each additional conviction of a vendor or its employees or agents within a twenty -four month period will result in an additional suspension of the vendor's license to sell or serve alcohol and /or 3.2 beer for an additional (30) day period. b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at a regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and/or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (3) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and /or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. 14 Ordinance No. 990 3. VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred ($200.00) per day for each day alcohol and /or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in Section Two (2) above. SECTION FOUR (4): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FIVE (5): SEVERABILITY 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. SECTION SIX (6): 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 SEVEN (7): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 9, Chapters 1, 3 and 5. PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of June, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this 21" day of June, 2011. Julie Lombardi, City Attorney 15 Awaft The City Witiou Limits. TO: The City Council FROM: Doug Bonebrake Mayor SUBJECT: Board and Commission Appointments DATE: June 17, 2011 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions as indicated: ANNEXATION COMMITTEE: (One Year Terms) Patrick Ross (City Council Representative) Doug Bonebrake (City Council Representative) David Vines (Planning Commission Representative) Kevin Lane (Citizen Representative) Bradd Clark (Fire) Dan Yancey (Police) Warren Lehr (Assistant City Manager) Karl Fritschen (Community Development) Chelsea Harkins (Economic Development) Roger Stevens (Public Works) Julie Lombardi (City Attorney) AUDIT COMMITTEE: Doug Bonebrake (Seat 1, City Council Representative- One Year Term) Kevin Cavanaugh (Seat 3, Business Representative - Three Year Term) John Manning (Seat 4, Non Practicing CPA - Three Year Term) BOARD OF ADJUSTMENT: Dr. Chris Kelley (Three Year Term) Sherry Jacobs (Three Year Term) CAPITAL IMPROVEMENTS COMMITTEE: (One Year Term) Charlie Brown (City Council Representative) Bryan Stovall (City Council Representative) Dr. Paul Loving (Planning Commission Representative) Dirk Thomas (OEDA Representative) CAPITAL IMPROVEMENTS COMMITTEE cont'd: (One Year Term) Jeri Moberly (Chamber Representative) Wayne Ruess (Citizen Representative) Jim Hunter (Citizen Representative) Dr. Chris Kelley (Citizen Representative) Rob Haskins (Citizen Representative) Frank Enzbrenner (Citizen Representative) Sherry Bishop (Assistant City Manager) Warren Lehr (Assistant City Manager) Rodney Ray (City Manager) Angela Hess (Finance) OWASSO ECONOMIC DEVELOPMENT AUTHORITY: Dr. Jason Drake, (Five Year Term) Gary Akin (Chamber Representative, One Year Term) Steve Cataudella (Council Representative, One Year Term) PERSONNEL BOARD: Jerry Duke (Three Year Term) PLANNING COMMISSION: Dr. Mark Callery (Three Year Term) Alex Mills (vacant seat to expire 6/30/2013) SALES TAX WATCHDOG COMMITTEE: Don Hutchings (Senior Citizen Representative, Indefinite Term) INCOG BOARD OF DIRECTORS: Steve Cataudella (City Council Representative) Rodney Ray (City Manager, Alternate) INCOG ENVIRONMENTAL POLICY COMMITTEE: Roger Stevens (Public Works) INCOG TRANSPORTATION POLICY COMMITTEE: Charlie Brown (City Council Representative) Rodney Ray (City Manager, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE: Roger Stevens (Public Works) Daniel Dearing (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: Sherry Bishop (Assistant City Manager) Rodney Ray (City Manager)