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HomeMy WebLinkAbout2005.04.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITE' COUNCIL TYPE OF MEETING: Regular DATE: April 19, 2005 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, April 15, 2005. �#'liann M. Stevens, Admrlistrative Assistant 1. Call to Order Mayor Kimball 2. Invocation Reverend Natalie Ford, First Presbyterian 3. Flag Salute 4. The 10t" Anniversary of the 1995 Oklahoma City Bombing Remembrance Mr. Ray 5. Roll Call H.\Agendas\Counci 1 \2005\0419. doe Owasso City Council April 19, 2005 Page 2 6. Reading of the Mayor's Proclamation Mayor Kimball Mayor Kimball will read a proclamation declaring Tuesday, April 19, 2005 as Owasso Nigh School Marching Band Day. %. Reading of the Mayor's Proclamation Mayor Kimball Mayor Kimball will read a proclamation declaring Monday, April 25, 2005 as Red Hat Society lay. 8. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is none debatable. A. Approval of Minutes of the April 5, 2005 Regular Meeting and the April 12, 2005 Special Meeting. Attachment # 8 -A B. Approval of Claims. Attachment # 8 -B C. Request for Council approval of Resolution No. 2005-05, a resolution authorizing the renewal of the Regional Enhanced 911 Interlocal Agreement for a period beginning May 1, 2005 and ending April 30, 2006. Attachment # 8 -C Staff will recommend Council adoption of Resolution. No. 2005 -05. FI \Ag- das \Counci I \?005 \0419. doc Owasso City Council April 19, 2005 Page 3 9. Consideration and appropriate action relating to a request for Council approval of an amendment to the Engineering Services Agreement between the City of Owasso and C2A Engineering for Forth Garnett Road Improvements. M-s- tagg4 , w. ,... Attachment #9 Staff will recommend Council approve amendment No. 2 to the Engineering Services Agreement with C2A Engineering, Incorporated in the amount of $ 13,378 for North Garnett Road Improvements between E. 86th Street North and E. 96th Street North. 10. Consideration and appropriate action relating to a request for Council approval of an amendment to the Engineering Services Agreement between the City of Owasso and Meshak & Associates, Incorporated for Silver Creek Drainage Improvements. Ms- -- Stagg -U , A l% — Attachment #10 Staff will recommend Council approve Amendment No. 1 to the Engineering Services Agreement between the City of Owasso and Meshak & Associates, Incorporated for Silver Creek Drainage Improvements, Phase I in the amount of $ 10,399.82. 11. Consideration and appropriate action relating to a request for Council approval of the final plat for Tyann Plaza III. Mr. McCulley Attachment #I I Staff will recommend Council approval of the Tyann Plaza III Final Plat. The subject property is located south of E. 96th Street North on the east side of the Owasso Expressway, containing approximately 1.79 acres, more or less. H \Agendas \Counci I \2005 \0419. doc Owasso City Council April 19, 2005 Page 4 12. Consideration and appropriate action relating to a request for Council approval of the final plat for Center West. Mr. McCulley Attachment #12 Staff will recommend Council approval of the Center West Final Plat. The subject property is located southwest of the E. 96th Street North and Owasso Expressway Interchange and north of the service road, containing approximately 0.85 acres, more or less. 13. Consideration and appropriate action relating to a request for Council approval of a request for an easement closure on the northeast comer of Smith Farm Marketplace. Mr. McCulley Attachment #13 Staff will recommend Council approve a request for the partial closure of a 36' access easement on the northeast corner of the Smith Farm Marketplace, located on the west half of Section 20, northwest of the Owasso Expressway and east of N. Garnett Road. 14. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 05 ®01. Mr. Wiles Attachment #14 Staff will recommend Council approve rezoning request OZ 05 -01 from Dominion Ventures, Incorporated for the rezoning of approximately 166 acres, more or less from AG (Agricultural District) to RS -3 (Residential Single Family). The subject property is located south of E. 76th Street North and %2 mile east of N. 1291h East Avenue. H \Agendzs \Council \2005 \04 t 9.doc Owasso City Council April 19, 2005 Page 5 15. Consideration and appropriate action relating to a request for Council approval of request OPUD 05 -01, Crown Colony I1, a plamicd unit development. Mr. Wiles Attachment 914 Staff will recommend Council approve the Residential Planned Unit Development request from Dominion Ventures, Incorporated. The subject property contains approximately 166 acres, more or less, and is located south of F. 76th Street North and '/2 mile east of Nt 129t" Fast Avenue. 16. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 809. Mr. Wiles Attachment #16 Staff will recommend Council approve Ordinance No. 809, an ordinance amending the Zoning Code by creating Chapter 18, adopting new lighting standards for private projects within the City of Owasso. ons dbration and appropriate action relating to a request for Council approval of the FY 2005 -2006 con pact between the City of Owasso and the Fraternal Order of Police Lodge .. #149 . �..._..,._..�::Dempster Attachment #17 Staff will recommend Council approve the FY 2005 -2006 contract between the City of Owasso and the Fraternal Order of Police Lodge #149. H \Agendas \Counci 1 \2005 \0419.doc Owasso City Council April 19, 2005 Page 6 18. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2005 -06, a resolution approving the indebtedness of the Owasso Public Golf Authority and authorizing an investment in a Revenue Anticipation Note of the Owasso Public Golf Authority. Attachment #18 Staff will recommend Council adopt Resolution No. 2005 -06, authorizing an investment of $234,328 in a Revenue Anticipation Note of the OPGA to provide financing for the purchase of golf carts. 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. H: \Agendas \Counci I \2005\0419. doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 5, 2005 The Owasso City Council met in regular session on Tuesday, April 5, 2005 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, April 1, 2005. I'T'EM 1. CALL TO OR-DER The meeting was called to order at 6 :32 p.m. ITEM 1 INVOCATION The invocation was offered by Gerry Alston, Pastor of Owasso Family Church. ITEM 3. FLAG SALUTE Councilor Brent Colgan led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Gary Cochran, Councilor Brent Colgan, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF VIRTUE, FOLLOWED BY A PUBLIC SERVICE ANNOUNCEMENT. Dee Sokolosky presented to the Council the character trait of Virtue, the character trait of the month for April, 2005. Owasso City Council April 5, 2005 ITEM 6. PRESENTATION OF EMPLOYEE OF THE MONTH Mr. Ray introduced Sue Blevins, Records Clerk for the City's Police Department, as the employee of the month for April, 2005. ITEM `l. READING OF MAYOR'S PROCLAMATION Mayor Kimball read a proclamation thanking the Owasso Chamber of Commerce Ambassador Club for their dedication in volunteering hours of enthusiastic service to promote the Chamber and the Owasso business community and proclaimed April 5, 2005 as Owasso Chamber of Commerce Ambassador Appreciation Day in the City of Owasso. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING k. REQUEST R COUNCIL APPROVAL F THE CONSENT AGENDA A. Approval of Minutes of the March 15, 2005 Regular Meeting. B. Approval of Claims. C. Request for Council acceptance of the Owasso First Assembly of God water line extension. Mr. Cochran moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $313,346.86, self- insurance medical claims & fees totaling $90,583.10, and payroll claims totaling $281,409.44. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Motion carried 5-0. ITEM 9. REQUEST FROM BARBARA MCMANUS TO ADDRESS THE CITY COUNCIL. Ms. McManus was unable to attend and asked that this item be withdrawn from the agenda. N Owasso City Council April 5, 2005 ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT FOR ARCHITECTURAL SERVICES FOR FIRE STATION THREE, Mr. Fisher presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council approval of a contract between the City of Owasso and BKL Incorporated Architecture and Engineering Firm of Tulsa, Oklahoma in the amount of $79,800.00 for the purpose of architectural services for Fire Station Three. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Motion carried 5 -0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION PARK PROJECT BIDDING PROCESS AND AWARD OF BID. Mr. Rooney presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, that Council confirm that the bidding process utilized by the Owasso Community Foundation, Incorporated has met all requirements of the City of Owasso and confirm the bid award by the Owasso Community Foundation, Incorporated to Miracle Recreation Equipment of Monet, Missouri in the amount of $230,450.00. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Motion carried 5 -0. ITEM 12. REPORT FROM CITY MANAGER None None ITEM 14. REPORT FROM CITY COUNCILORS Mayor Kimball commented on the prestigious Sudler Shield Award recently presented to the Owasso High School Marching Band. She also made a formal request that a Mayor's Proclamation honoring the OHS Marching Band be scheduled for next council date. Owasso City Council ITEM 15. NEW BUSINESS ITEM 16. ADJOURNMENT Mr. Cochran moved, seconded by Mr. Colgan, to adjourn. YEA; Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Motion carried 5 -0 and the meeting was adjourned at 7005 p,m Pat Fry, Minute Clerk 4 April 5, 2005 Susan Kimball, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, April 12, 2005 The Owasso City Council met in a special meeting on Tuesday, April 12, 2005 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, April S, 2005 and the Addendum posted on the City Hall bulletin board at 1.1:00 AM on Monday, April 11, 2005. ITEM 1: CALL TO ORDER. Mayor Kimball called the meeting to order at 6 :03 PM. PRESENT ABSENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Brent Colgan, Councilor Gary Cochran, Councilor Steve Cataudella, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS. A. FINAL PLATS (2) B. REZONING /PLANNED UNIT DEVELOPMENT C. EASEMENT CLOSURE Mr. Rooney reviewed the above items, explaining that all would be forwarded to the City Council at their next regular meeting for approval. ITEM 3: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. CDBG FY 03 SIDEWALK REHABILITATION PROJECT B. STORM WATER MANAGEMENT PROGRAM PHASE II C. NORTH GARNETT ROAD IMPROVEMENTS — ENGINEERING SERVICE AGREEMENT, AMENDMENT NO. 2 Mr. Rooney reviewed the details regarding the above items. It was explained that both the CDBG FY 03 Sidewalk Rehabilitation Project and Amendment No. 2 to the Engineering Services Agreement for North Garnett Road would be placed on the April 19, 2005 City Council agenda for action. It was further explained that the storm water management item was for update purposes only. Owasso City Council ITEM 4 DISCUSSION RELATING TO CITY MANAGER ITEMS April 12, 2005 The items were presented by Mr. Ray and several staff members involved. Discussion was conducted. No action was taken. ITEM 5 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER AND THE OFFICE OF THE CITY ATTORNE �, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25 SECTIQ�[�� Councilor Cocharan moved, seconded by Councilor Colgan, to enter into Executive Session. All were in favor of the motion and the Council entered into Executive Session at 9:55 PM. (Mayor Kimball exited the Executive Session at 10 :10 PM) The Council exited Executive Session at 10:50 PM. ITEM 6 ADJOURNMENT Councilor Cochran moved, seconded by Councilor Colgan, to adjourn. All were in favor and the meeting was adjourned at 10:55 PM. Susan Kimball, Mayor W AEP /PSO TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH OFFICE DEPOT CITY GARAGE CITY OF OWASSO FUELMAN METROCALL RONALD D CATES TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH OFFICE DEPOT TREASURER PETTY CASH OFFICE DEPOT WORDCOM MCAFEE & TAFT INTEGRITY FOCUS WORLD PUBLISHING COMPANY DAILY AND SUNDAY OKLA CLASSIFIED TREASURER PETTY CASH JP HOGAN INSURANCE OFFICE DEPOT CINTAS CORPORATION EXECUTIVE COFFEE SERVICES TULSA COUNTY ELECTION BOARD AMERICAN WASTE CONTROL AEP /PSO SOUTHWESTERN BELL TULSA COUNTY CLERK TREASURER PETTY CASH CORPORATE EXPRESS TRIAD PRINTING OFFICE DEPOT FUELMAN NEIGHBOR NEWSPAPER TULSA COUNTY MIS AT &T WIRELESS STREET LIGHTS DEPOSIT REFUNDS DEPOSIT REFUNDS REFUND TOTAL OFFICE SUPPLIES FINANCE DEPT TOTAL OFFICE SUPPLIES MAT SERVICES SUPPLIES COUNCIL ELECTION -WARD 3 REFUSE SERVICE 03/05 USAGE PHONE USE FILING FEES LICENSE TAGS CONFERENCE TABLE BROCHURE PRINTING GENERAL GOVERNMENT DEPT TOTAL OFFICE SUPPLIES FUEL LEGAL NOTICE DIAL UP SERVICE PHONE USE -WILES 10.49 60.00 40.00 110.49 234.17 78.65 12.30 95.17 7.12 129.58 10.83 209.99 25.00 802.81 20.33 20.65 85.00 214.50 500.00 534.42 170.83 10.00 30.00 1,585.73 34.72 28.90 1 10.57 4,313.91 114.00 1,894.90 41.45 137.00 106.00 1,543.00 104.00 39.59 293.47 168.00 66.00 64.98 VENDOR DESCRIPTION AMOUNT K4ETROCALL 02/05 USE 21.36 O8U BUSINESS EXTENSION SEMINAR-WILES 140.00 COMMUNITY DEVELOPMENT DEPT TOTAL TRIAD PRINTING BUSINESS CARDS-CLINE 40.00 VVAL-MART CD&4MUN|TY HANDSAN|T|ZER 5.77 CITY GARAGE CITY 0FDWASSO VEH(CLEK8A|NT 453.87 FUELMAN FUEL 380.43 OK DEPT OFTRANSPORTATION BRIDGE INSPECTION PROGRAM 1.150.88 US CELLULAR CELL PHONE USE 53.39 ENGINEERING DEPT TOTAL WAL-MART COMMUN|TY MEMORYCARD 4837 CDVVGOVERNMENT TERMINAL SERVER LICENSES 38129 INFORMATION SYSTEMS DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 31.17 YVAL-MART COk4MUN|TY OPERATING SUPPLIES 7.50 8AM8CLUB OPERATING SUPPLIES 8.83 LIBERTY FLAGS FLAGS 209.80 GRA|NGER AIR FILTER 35.52 LIGHTING BALLASTS 287.80 T/&'L0RhiADE LOCK &KEY KEYS 75.00 ROBERTSON PLUMBING SUPPLY PLUMBING SUPPLIES 161.51 HOME DEPOT PROP SUPPLIES 34.40 CITY GARAGE CITY OF OVVAGSO VEHICLE K8A|NT 01.11 FUELK4AN FUEL 320.11 BAILEY EQUIPMENT WHEEL-LAWN MOWER 85.10 COX COMMUNICATIONS HIGH SPEED INTERNET 08.05 REDLEE JANITORIAL SERVICES 120.10 FORRE8TSHOEMAKER BOILER REPAIR 1.603.90 FUELKdAN FUEL 131.88 METROCALL 0205 USE 1424 SOUTHWESTERN BELL PHONE USE 0.20 AT&T WIRELESS PHONE USE 51.05 SUPPORT SERVICES DEPT TOTAL BAILEY EQUIPMENT MOWER BLADES 71.80 A-1 FENCE FENCE REPAIR 1.325.00 VERDIGRIS VALLEY ELECTRIC CEMETERY USAGE 15.63 AEP/P8O 0305 USAGE 15.06 CEMETERY DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 22.99 JUES PRINT SHOP BROCHURE PRINTING 162.50 TREASURER PETTY CASH TRAINING SUPPLIES 25.30 SAM8 CLUB OPERATING SUPPLIES 78.23 CITY GARAGE CITY OF0VVASSO VEHICLE K4AiNT 123.56 CITY GARAGE CITY OF 0WASGD VEHICLE K8A|NT 3.401.95 FUELK8AN FUEL 4.509.82 STAMPER, HOWARD MONTHLY RETAINER 150.00 VENDOR DESCRIPTION AMOUNT UVVA8SO FITNESS ZONE PHYSICAL FITNESS PROGRAM 120.00 CITY GARAGE CITY 0FOVVASS0 VEH|CLEMA|NT 49.05 AEP/PQO 03/05 USAGE 1.108.09 YALE CLEANERS UNIFORM CLEANING 1.318.01 METROCALL 02/05 USE 213.06 SOUTHWESTERN BELL PHONE USE 40.91 C|NGULARVV|RELESS PHONE USE 313.93 AT&T WIRELESS PHONE USE-CHIEF 135.57 DAYS INN LENEXA LODGING-JONES/SHAUN 288.02 0SU BUSINESS EXTENSION TRAOK8OMG-YANCEY 140.00 DAYS|NN LODGING-CHA&1BLES3 110.00 TREASURER PETTY CASH MEETING EXPENSE 45.55 TREASURER PETTY CASH PER0EM-M0LINA 154.00 TURN-KEY MOBILE PATROL CAR LAP TOPS 3/15/D5 22/400.00 D0ENGEGF&RD FORD EXPEDITION 2506700 POLICE DEPT TOTAL SAM8CLUB OPERATING SUPPLIES 37.41 METROCALL 02/05 USE 7j0 INFORMATION TECHNOLOGY RECORDS K48MTSOFTWARE 551000 POLICE COMMUNICATIONS DEPT TOTAL SAK8SCLUB OPERATING SUPPLIES 98.02 CITY GARAGE CITY UFOWASSO VEH(CLEMA|NT 43.02 FUELMAN FUEL 3918 STRATHEVETER|NARY EUTHANASIA SERVICES 18.00 CITY OFTULSA EUTHANASIA SERVICES 7100 AEP/POO 03/05 USAGE 420.48 SOUTHWESTERN BELL PHONE USE 1.5& METROCALL 02/05 USE 14.24 ANIMAL CONTROL DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 104.83 VVORLEYSGREENHOU8E POTTING SOIL 41.94 BOXL|GHT PROJECTOR CABLES 185.00 GRAiN8ER NOZZEL HOSE 5.68 CULL|8AN OF TULSA WATER 10.22 GALL'S UNIFORM PANTS 254.81 CITY GARAGE CITY OFOVWA3SO VEHICLE K8A|NT 809J2 FUELMAN FUEL 2,081.09 AEFYPSO 03/05 USAGE 40235 ACCURATE FIRE EQUIPMENT HYDROSTATIC TESTING 86.25 8M| SYSTEMS OF TULSA COPIER RENTAUMA|NT 196.01 SPR|NTPCS PC8ACT|VAT0N 7.35 SOUTHWESTERN BELL PHONE USE 6.57 METR0CALL 02/05 USE 9.28 FIRE SERVICE TRAINING U3U TRAIN |NQ-G0SVENER 25.00 FIRE SERVICE TRAINING OSU TRA|N|NG'BLEV|NG 25.00 0VYASSO FITNESS ZONE GYM/EOU|PK8ENTUSE 75.00 FIRE DEPT TOTAL VENDOR DESCRIPTION OFFICE DEPOT OFFICE SUPPLIES SAMS CLUB OPERATING SUPPLIES VERDIGRIS VALLEY ELECTRIC STORM SIRENS AEP /PSO 03/05 USAGE CLASSIC ELECTRIC WIRING SOUTHWESTERN BELL PHONE USE METROCALL 02/05 USE APAC SERVICE CENTER EMERGENCY PREPAREDNESS DEPT TOTAL APAC SERVICE CENTER ASPHALT TWIN CITIES READY MIX CONCRETE ATWOODS TIE WIRE MILL CREEK LUMBER & SUPPLY FORM BOARDS MAXWELL SUPPLY PAINT /SEALANT LOWES COMPANIES CONCRETE MIX CROW BURLINGAME LOCK APAC SERVICE CENTER ASPHALT LOWES COMPANIES CAUTION TAPE EQUIPMENT ONE PROPANE GEORGE & GEORGE SAFETY UNIFORMS /PROT CLOTHING GELLCO SAFETY SHOES BOOTS -LEACH UNIF►RST CORPORATION UNIFORMS /PROT CLOTHING OWASSO FENCE POSTS /CAPS /CROSSES SIGNALTEK CROSSWALK BUTTON TULSA COUNTY BOCC STREET SIGNS CITY GARAGE CITY OF OWASSO VEHICLE MA ►NT FUELMAN FUEL LOWES COMPANIES EQUIPMENT /SHOVEL ATWOODS SOCKET SET AEP /PSO 03/05 USAGE AEP IPSO STREET LIGHTS METROCALL 02/05 USE US CELLULAR CELL PHONE USE MILL CREEK LUMBER & SUPPLY FORM BOARDS EQUIPMENT ONE RENTAL-ROTARY HAMMER APAC SERVICE CENTER SIDEWALK REHAB 11/02/04 HUDIBURG CHEVROLET PICKUP TRUCK STREETS DEPT TOTAL TWIN CITIES READY MIX CONCRETE ATWOODS GREASE BAILEY EQUIPMENT OIUFILTER/BLADES CROW BURLINGAME EDGER PARTS LOWES COMPANIES PADLOCK TREASURER PETTY CASH TREES BAILEY EQUIPMENT CHAINS /BAR OIL MILL CREEK LUMBER & SUPPLY FORM BOARDS ATWOODS RAKE ESTES CHEMICALS GEORGE & GEORGE SAFETY UNIFORMS /PROT CLOTHING UNIFIRST CORPORATION UNIFORMS /PROT CLOTHING 31.83 12.48 46.15 1 27.92 65.75 1.08 1_4.24 299.45 436.00 643.50 17.49 14.56 392.80 207.63 7.19 490.91 23.96 181.36 52.58 121.49 20.45 285.00 35.67 1,049.39 1,155.50 845.49 32.78 18.90 914.76 4,064.83 47.52 52.77 6.37 72.00 37,627.20 18,026.00 66,844.10 68.00 13.90 511.85 9.00 14.96 204.00 52.51 22.40 20.24 656.29 52.56 52.30 VENDOR DESCRIPTION AMOUNT CITY GARAGE CITY OF OWASSO VEHICLE MAINT 255.21 FUELMAN FUEL 581.83 ATWOODS TROWELL /S HOVE L/RAKE 162.27 ATWOODS SMALL TOOLS 37.76 BAILEY EQUIPMENT MAINT- CHAINSAW 12.00 EQUIPMENT ONE TRAC -HOE 188.00 METROCALL 02/05 USE 35.60 PREFERRED PUMP BERM CONSTRUCTION MATERIALS 5,563.20 EQUIPMENT ONE RENTAL - TILLER BARRETO/TAMPER 422.36 MESHEK & ASSOCIATES ENGINEERING SERVICES 3,891.55 STORMWATER MAINT DEPT TOTAL 12,827.79 ATWOODS MAINT SUPPLIES 4.15 FIZZ -O WATER REGULATOR/PARTS 15.30 LOWES COMPANIES MORTAR MIX 10.02 DELL MARKETING COMPUTER 841.33 ATWOODS FORK SHOVEL 49.90 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 66.12 FUELMAN FUEL 369.07 AEP /PSO 03/05 USAGE 599.82 METROCALL 02/05 USE 14.24 PARKS DEPT TOTAL. 1,969.95 MURPHY SANITARY SUPPLY PAPER GOODS 259.95 FUELMAN FUEL 140.59 LOWES COMPANIES MAINT SUPPLIES 270.52 TREASURER PETTY CASH REPAIR SUPPLIES 13.75 AEP /PSO 03/05 USAGE 452.37 SOUTHWESTERN BELL PHONE USE 0.71 AT &T WIRELESS PHONE USE-VAN 10.00 COMMUNITY CENTER DEPT TOTAL 1,147.89 EMTEC PEST CONTROL TERMITE CONTROL 50.00 AEP /PSO 03/05 USAGE 47.63 SOUTHWESTERN BELL PHONE USE 0.13 BROWN FARMS SOD SOD 35.00 HISTORICAL MUSEUM DEPT TOTAL 132.76 PRESENTA PLAQUE CORPORATION AWARD PLAQUES 102.98 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 726.66 FUELMAN FUEL 89.53 FURSTENBERG & ASSOCIATES AERIAL PHOTOGRAPHY 193.75 THE WALL STREET JOURNAL SUBSCRIPTION 199.00 TRADE DIMENSIONS RETAIL DIRECTORY 337.50 TRIAD PRINTING PRINTING 1,805.75 ECONOMIC DEVELOPMENT DEPT TOTAL - 3,455.17 176,559.30 OFFICE DEPOT OFFICE SUPPLIES 27.89 VENDOR DESCRIPTION AMOUNT ATCFRB6HTL|NER VALVE REPAIR 48322 CITY GARAGE CITY 0FOWASSO VEH|CLEMA|NT 8875 GALLE5JEFFERYDO. EMS MONTHLY AUDITS 250.00 TRIAD PRINTING SIGNS/BROCHURES 74578 FIRE SERVICE TRAINING 0SU TRAINING-BLEV|NG/KELLEY 100.00 AMBULANCE SERVICE FUND TOTAL 1,875.64 TOTAL RADIO MA|NTCUNTRACT 675.00 SOUTHWESTERN BELL EQ11 WARRANTY CONTRACT 7.050.08 SOUTHWESTERN BELL E-011 1.019.82 E-911 FUND TOTAL 9044.82 MESHEK&ASSOCIATES ENGINEERING SERVICES 6`445.87 ST0R88VVATERK8GK8T FUND TOTAL 6'445.67 ROD WILSON APPRAISALS APPRAISAL FEE 400.00 CH GUERNSEY &COMPANY PROF/TECH GVS-3TREETWIDENING 902.34 TULSA ABSTRACT & TITLE CD LEGAL CONTINUATION 475.00 TULSA ABSTRACT & TITLE C0 LEGAL CONTINUATION 300.00 TULSA ABSTRACT & TITLE C0 LEGAL CONTINUATION 375.00 BECCOCONTRACTOR0 90/GARNETT INTERSECTION 2/105 177.107.42 BECC000NTRACTORS GARNETTRD IMPROVEMENTS 2/1/O5 334.136.28 BECCOCONTRACT0RS U618008STN-7/20/U4 108,609.76 MESHEK&ASSOCIATES ENGINEERING SERVICES 137837 CAPITAL IMPROVEMENTS FUND TOTAL 82388417 D0ENGESFDRD FORD EXPEDITION 25.087.00 FIRE CAPITAL FUND TOTAL 2586700 APAC SERVICE CENTER SIDEWALK REHAB 11/O2/O4 3702720 CAPITAL PROJECTS GRANTS FUND TOTAL 37.627.20 L|V|NGSTON.KEN TU!T|0NRBMB 251.25 OFFICE DEPOT OFFICE SUPPLIES 4.41 D'RE|LLYAUTOyN0T|VE SUPPLIES 11.98 8ELLCO SAFETY SHOES BOOTS-MOODY 125.89 8&K4 TIRE CENTER TIRES 78.00 O'RBLLYAUT0K4OTNE PARTS FOR RESALE 1.268.03 B&M OIL COMPANY 0|UTRANSK8\SS|ONFLU|D 785.84 B&W1 TIRE CENTER MUFFLEF/FA|LP|PE 134.90 OU|KSERV|CEGTEEL STEEL-L0DALHOPPER 436.30 T&YVTIRE TIRES 115.00 WILLIAMS REFUSE EQUIPMENT PARTS-LODAL 509.07 CLASSIC CHEVROLET PARTS FOR RESALE 130.45 AEP/PSO 03/05 USAGE 510.07 METROCALL 02/05 USE 14.24 SOUTHWESTERN BELL PHONE USE 1.05 B&K8 TIRE CENTER ALIGNMENT 40.95 CITY GARAGE FUND TOTAL 4.480.43 DESCRIPTION AMOUNT 810294 41.37 THIRD PARTY ADM|NFEES 1.417.07 MTIF WORKERS COMP TAX 1.866.32 VV07294 75.00 S10294 839.80 R10183 33.80 M03015 21.45 T03025 48.51 C03085 160.09 K410034 119.16 Q10204 97.81 B00203 52.80 D12314 61]8 C08034 53.20 VV03085 75.51 F03255 60.10 H03145 20.06 M10034 258.81 M00304 15117 C03083 39J2 VV03085 31738 M10034 59.58 D07084 19.00 D12314 38.72 Kd03235 130.08 Kd03013 3872 F03253 02.80 T03025 30.72 WORKERS COMP FUND TOTAL SEWER IMPROVEMENT BONDS 8.020.00 PLEASANT VIEW SEWER DISTRICT 8020.00' GRAND TOTAL 899,740.96 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE V789 AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE STOP LOSS FEE ADK8|NFEE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADKX|NFEE DENTAL DEPTTOTAL V8P VISION MEDICAL SERVICE ADM|NFEE VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL 27,9U4/0 9.537.88 22,600.02 11.388.08 11,62182 �����58 1,443.00 1,629.28 3'O72.28 1797.50 811.77 ---' 2'8U9.33 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 4/2/2005 'General Fund �..,,T.6,ta "1 ,77 27 Ambulance Fund o `Fund T , Emerqencv 911 Fund Worker's Comp Self-Insurance Fund 11 w iO 'General Fund �..,,T.6,ta "1 ,77 27 Ambulance Fund o `Fund T , Emerqencv 911 Fund Worker's Comp Self-Insurance Fund TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OASSO FROM- LARRY WHITE DIRE CTOR, SUPPORT SERVICES SUBJECT- ' SOLUTION #2005-05 NE IAI, OF + GIONAL E -911 INTERLOCAL AG RE EMENT DATE- April 15, 2005 In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first "interlocal agreement" with Southwestern Bell Telephone and established "Enhanced" 911 Emergency Telephone service. The "Enhanced" 911 service replaced the traditional 911 system, which only rang directly into the Police Department and did not display the name or address of the caller using the system. The upgrade to the 911 system has proved invaluable, as the location of the emergency is displayed in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. The interlocal agreement requires that all community governments that participate in the E -911 system must jointly fund the system. Collecting a surcharge on local telephone bills accomplishes this. Owasso collects a 5% surcharge on the base telephone bill of each resident that has telephone service. In order to participate in the E -911 system, the Office of the Attorney General has ruled that the interlocal agreement must be renewed annually by resolution. The renewal must be completed prior to May 1 of each subsequent year. Failure to renew the agreement would disqualify the City from collecting the 5% surcharge, as well as prohibit Owasso from participating in the system. The City of Owasso has historically renewed the E -911 Interlocal Agreement annually since its inception. INCOG is facilitating the renewal process. E -911 INTERLOCAL AGREEMENT April 15, 2005 PAGE 2 Staff recommends City Council approval Resolution #2005-05, renewing the Interlocal Agreement for the Regional Enhanced 911 system. ATTACHMENT, 1. Resolution 92005 -05 2. Interlocal Agreement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RE' GIONAL ENHANCED 911 WHEREAS, AS, an interlocal Agreement to share costs of a regional enhanced 911 system and to create the Regional Enhanced 911 Board was entered into in 1989 by 15 communities in a 6- county area; and WHEREAS, AS, a new Agreement was executed in 2001 by the same parties; and WHEREAS the City of Owasso is a signing party to the interlocal agreement; and WHEREAS, the terms of the interlocal agreement requires the annual renewal by the parties; NOW THERE, FO + the City of Owasso hereby approves participation in the interlocal agreement creating the Regional Enhanced 911 Board and sharing the costs of a regional enhanced 911 system for a period begimling May 1, 2005 and continuing until April 30, 2006. APPROVED OF OWASSO, OKLAHOMA 91h OF APRIL, 2005. Susan Kimball, Mayor ATTEST: Sherry Bishop, City Clerk (seal) City Attorney THIS AGREEMENT entered into by and between the following parties: WHEREAS The Parties entered into.an Interlocal Agreement (Original Agreement) which was approved by the Attorney General on March 14, 1989 for the purpose of implementing the Enhanced 911 emergency communications system. - The Original Agreement was amended in 1990 to include Rogers, County as a party; WHEREAS under the terms of the DuratjohifTermination clause of the Original Agreement and Amendment, each party was required to take affirmative action renew the Interlocal Agreement 60 days prior to June,30 each year or the agreement would automatically terminate; WHEREAS some parties did not meet the deadlines to renew the agreement according to the strict terms' of the aforementioned termination clause; WHEREAS it is the desire of all parties to continue sharing the costs of a Regional enhanced 911 System as outlined in the Original Agreement a Amendment; THEREFORE, the parties do hereby enter into this Agreement to share the costs of a Regional Enhanced 911 System, as outlined below: The terms of the Original Agreement and Amendment are incor . porated by reference. DURATIONITERMINATION The parties agree that this Agreement will become effective from the date all parties have signed and the Attorney General has approved this agreement. This Agreement shall automatically terminate on June 30 of the numbered year after it becomes effective, and each June 30 thereafter, unless, by May 1, the governing body of the party takes affirmative action to renew the Agreement for another year. Any party to this Agreement who does not want to participate in the Agreement for the next fiscal year shall provide written notice by May 1 to all parties of its intent to terminate participation. ADMINISTRATION The parties agree that administration of - this Agreement shall be carded out b© the Regional Enhanced 911 Board, in cooperation with SBC as billing agent. BOARD MEETINGS The Board shall designatO the time and place of all meetings, which shall be — conducted in compliance with the Oklahoma Open Meetings Act. Each Board member shall have one vote, and all actions by the Board shall be approved by an affirmative vote of a majority of the members present. 6. Adopt by-laws consistent with this Agreement governing actions, proceedings and policies of the Board. 7. Perform other tasks consistent with the purpose and intent of this Agreement, 1@111 EffiNNOWMNOWNW101MM ADDITIONAL TERMS between the parties. The Agreement Gannot be modified except by a written instrument executed by all parties. I 1I'll .• ` I CITY OF \ t to S O FROM- ANA Co STAGG, P.E. PUBLIC WORKS DI SUBJECT. ENGINEERING SERVICE AG RE EMENT AMENDMENT NUMBER 2 NORTH GARNETT ROAD IMPROVEMENTS (Ea 86TH STREET NORTH TO E. 96 TI STREET NORTH) DATE- April 14, 2005 BACKGROUND On June 1, 2004, Council approved the Agreement for Engineering Services with C2A Engineering for the design of improvements to North Garnett Road from East 86t11 Street North to East 96t1i Street North in the total amount of $132,375. The Scope of Work included preparation of documents for the construction of five lanes of roadway, complete with new sidewalk, curb and gutter, and drainage improvements (see Attachment A). On February 1, 2005, Council awarded a contract to 13ecco Contractors, Inc., Tulsa, Oklahoma — the apparent low bidder- in the total amount of $4,691,722.80 for construction of North Garnett Road Improvements. The work will be integrated with improvements to the E. 96th Street North and N. Garnett Road intersection to be completed prior to the expected opening of the Smith Farm shopping center (substantial completion anticipated in October 2005). PREVIOUS AMENDMENT: On February 1, 2005, City Council approved Amendment No. 1 to the Engineering Service Agreement in the total amount of $22,408. The additional work was necessary to accommodate the following changes: Fire Station Traffic Signal: Fire Department personnel requested the installation of an additional traffic signal (near the Fire Station) to allow for speedy, emergency access to North Garnett Road. The signal is to remain green unless automated by fire station personnel. E. 86th Street North and N. Garnett Road Improvements: Modifications to the signalization at the intersection with E. 86th Street North were not included in the original Scope of Services. The additional work to accommodate a protected left turn to Amendment No. 2 North Garnett Road Improvements Page 2 of 3 N. Garnett Road required the widening of E. 86th Street North (from Cedar Street to approximately 250 feet east of N. Garnett Road), Utility Relocations: The relocation of a section of sanitary sewer at 86th Street North was necessary to facilitate land acquisition required for the realignment of the road. Additional work includes the relocation of utilities and additional surveying work not included in the original Scope of Services. Staking of Construction Reference Line: Additional survey was necessary for the staking of the construction line, right- of-way and permanent easement to facilitate utility relocation (by others) and right-of-way negotiations. AMENDMENT NUMBER 2 On February 26, 2005, C2A Engineer Inc. submitted Amendment No. 2 to the Agreement for the performance of additional design and survey work beyond that specified in the original Scope of Services for $13,378 (see Attachment B). The additional work was necessary as part of the right-of-way negotiations for Parcels 3 (Owasso LLC 20), 4 (96th and Garnett LLC), 6 (Faith Lutheran Church) and 10 (Owasso LLC 7). An explanation of the additional work is presented below: Relocation of Box Culvert: Additional survey was necessary to extend a drainage channel to the west of N. Garnett Road between Parcels 4 and 10. The new channel will accommodate discharge from a new box culvert to be located along the roadway. It is worth noting that construction of such drainage channel was not included in the Bid submitted by Becco Contractors and has resulted in a quantity adjustment to the contract. On March 29, 2005, Becco submitted a request for additional payment in the amount of $100,568.85 and a time extension of 20 days for the completion of the additional work. Per the Agreements with Parcels 4 and 10, each property owner is to reimburse the City $40,000 for the construction of the channel. Additionally, the Bid included a project allowance ($225,000) to fund this and other unforeseeable work, and therefore, modification to the contract amount is not necessary at this time. Sanitary Sewer Extension: Additional work was necessary for the construction of a fl- inch sanitary sewer extension from Parcel 10 to Parcel 3, located in the northeast corner of E. 96th Street North and N. Garnett Road intersection. Driveway Extension: Additional survey and design work was necessary to accommodate the construction of a new 30 -foot drive to serve the Faith Lutheran Church as temporary access. Such improvement will facilitate the expeditious installation of the new 24 -inch water main under the existing parking facility. Amendment No. 2 North Garnett Road Improvements Page 3 of 3 FUNDING SOURCE: Funds for this project are provided in the FY 04 -05 Capital Improvements Budget. COMMENDATION. Staff recommends Council approval of Amendment No. 2 to the Engineering Service Agreement with C2A Engineering, Inc. (Tulsa, Oklahoma) for North Garnett Road (E. 86th Street North to E. 96th Street North) in the total amount of $13,378. ATTACHMENTS: A. North Garnett Road Improvements Map B. Amendment No. 2 to the Agreement 1, SUPPLEMENTAL NO. 2 TO THE AGREEMENT FOR ENGINEERING SERVICES NORTH GARNETT ROAD EAST 86TH STREET NOR'T'H TO EAST 96TH STREET NORTH This SUPPLEMENTAL to the AGREEMENT, made and entered into this day of , 2005 between the City of Owasso, a Municipal Corporation of the State of Oklahoma, hereinafter referred to as CITY, and C2A Engineering Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct certain improvements on North Garnett Road, from East 86th Street North to East 96th Street North, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain additional professional services in connection with the PROJECT, hereinafter referred to as the ADDITIONAL SERVICES; and WHEREAS, CITY has financing for said PROJECT; and, WHEREAS, ENGINEER is prepared to provide such ADDITIONAL SERVICES; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1.0 SCOPE OF PROJECT: The scope of this additional work to the PROJECT is described in Attachment A, SCOPE OF WORK, which is attached hereto and incorporated by reference as part of this SUPPLEMENTAL to the AGREEMENT. 2.0 SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the ADDITIONAL SERVICES described in Attachment B, SCOPE OF ADDITIONAL SERVICES, which is attached hereto and incorporated by reference as part of this SUPPLEMENTAL to the AGREEMENT. I! 3.0 COMPENSATION: CITY shall pay ENGINEER in accordance with Attachment C, COMPENSATION, which is attached hereto and incorporated by reference as part of this SUPPLEMENTAL to the AGREEMENT. All other items of the original AGREEMENT will remain in force unless modified by this SUPPLEMENTAL to the AGREEMENT. IN WITNESS WHEREOF, the panties have executed this SUPPLEMENTAL, to the AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the CITY or Contracting Authority. (SEAL) THE CITY OF OWASSO, OKLAHOMA ATTEST: A MUNICIPAL CORPORATION Mayor I ATTACHMENT A SCOPE OF WORD A. SCOPE OF WORD. The additional work shall consist of additional Design work to revise the double box culvert on the north end of the project, revise the profile of the street between Station 139 1 -00 and Station 147 +50 and attend additional meetings on these revisions, design an entrance to Garnett Road from the Private Road at the south end, and design a sanitary sewer from Station 14-8+50 to the north on the east side. Additional survey work will also be necessary for the Design of the revised storm sewer and to provide Utility Relocation staking of the Construction Reference fine, Right -of -Way and Permanent Easements on the 96th Street North and Garnett Road Intersection Improvements project. I ATTACHMENT B SCOPE OF SERVICES B. SCOPE OF ADDITIONAL SERVICES. The SERVICES to be performed by the ENGINEER under this SUPPLEMENTAL to the AGREEMENT will consist of performing additional Design work as stated below. Further it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this SUPPLEMENTAL to the AGREEMENT; and it is further understood and agreed that the work embraced in this SUPPLEMENTAL to the AGREEMENT shall commence upon execution of this SUPPLEMENTAL to the AGREEMENT and after receipt of a Notice to Proceed. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: • Designate a representative to coordinate all information between ENGINEER and CITY. • Document all meetings, conferences, coordination, etc., and send documentation to CITY within two (2) working days. • Attend initial conferences with CITY and other administrative and regulatory agencies, including utility companies, to review PROJECT requirements and discuss scheduling of the PROJECT. • Answer questions the CITY may have on the design changes. B.1. Phase No. 1. ADDITIONAL DESIGN WORK. Provide additional design services for the PROJECT, in accordance with CITY standards and Oklahoma Department of Transportation (ODOT) specifications to revise and add to the box culvert at the north end of North Garnett Road, revise the profile between Station 139 +00 and 147 +50 and do additional survey work for the box culvert extensions and staking the right -of -way on the 96th Street North and North Garnett Road intersection. B.1.1. Design a channel or box culvert system for a relocation of the channel at the north end of the project to facilitate future development. B.1.2. Provide additional ground survey for this relocation of the channel. Also, provide survey staking of the right -of -way for the 96th Street North and North Garnett Road Intersection Improvements project. B.1.3. Revise the profile of North Garnett Road from Station 139 +00 to 147 +00 to improve the driveway connections to adjoining properties. M D.1.4. Design a Sanitary Sewer from Station 148 +50 to the north ending at Station 155 +50. Sanitary Sewer line will serve the northeast corner of East 96th Street North and North Gamett Road. Survey done for C.H. Guernsey will be utilized for the ground elevations north of Station 152 +00. If additional survey is required, it will be an addition to this agreement. B.1.5. Design an entrance to Garnett Road from the Private Road at Station 103 +00 +% -. I ATTACHMENT C COMPENSATION C. COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees on a lump sum basis, payable monthly as the work progresses and within 30 calendar days of the receipt of the ENGINEER'S invoice. C.I. FEES FOR ADDITIONAL SERIVCES. Additional Design Work and Survey. $13,378. C.2. SCHEDULE OF RATES. At the request of the CITY, the ENGINEER will negotiate fees for any additional work not covered by this AGREEMENT, which may be required by the CITY. Alternatively, additional work will be performed at the written request of the CITY based on the hourly rates contained herein. Rates are subject to change on the First day of January of each calendar year. Rates to be charged shall be the rates in affect at the time such services are requested and approved. ENGINEER IV $ 91.00 /hr. ENGINEER III $ 78.00 /hr. ENGINEER II $ 65.00 /hr. TECHNICIAN IV $ 55.00 /hr. TECHNICIAN II $ 46.40/hr. TECHNICIAN I $ 33.80/hr. SURVEY TEAM (2 men) $ 95.00 /hr. CLERICAL I $ 31.20 /hr. Rates include overhead and profit. 6 City of Owasso - Garnett Road, East 86th Street North to East 96th Street North Total of Other Pass - through Expenses: Labor Related Expenses (Final Plans): Engineer IV Engineer IV Engineer II Engineer III Technician II Technician 11 Land Surveyor Subtotal Labor Total Direct Labor Expenses Other Pass - through Expenses: Reproduction Final Plans Full Plan Mylars Construction Plans Construction Documents Survey Additional Traffic Signal Total of Other Pass - through Expenses: Labor Related Expenses (Construction) Engineer IV Engineer III Engineer II Technician 11 Technician 11 Land Surveyor Subtotal Labor Total Direct Labor Expenses Plan -In -Hand Design Fee = $ Estimated number of total sheets: Std. Houdv 58 Exhibit B -Fee Proposal $ 88.40 City of Owasso, Garnett Road Widening, East 86th Street North to East 96th Street North MH @ Labor Related Expenses (Plan - /n- Nand): 85.02 Std. Hourly 0 MH @ $ Rate = $ ° Engineer IV 0 MH @ $ 88.40 - $ Engineer IV 0 MH @ $ 85.02 = $ - Engineer II 0 MH @ $ 65.00 - $ - Engineer III 0 MH @ $ 78.00 $ Technician II 0 MH @ $ 44.20 - $ - Technician 11 0 MH @ $ 44.98 - $ ° Land Surveyor 0 MH @ $ 52.00 = $ Subtotal Labor 0 MH Std. Houdy $ Total Direct Labor Expenses $ Other Pass - through Expenses: 0 MH @ Reproduction = $ - Plan -In -Hand Plans 1/2 0 Sheets @ $ 0.20 = $ 0 MH @ $ 65.00 $ - Sub - Consultants 0 MH @ $ 44.20 Abstracting - Certified Owners 0 Properties $ 220.00 = $ Traffic Signal = $ - $ Survey /Base Map $ 52.00 = $ $ Geotechnical 0 MH $ Total of Other Pass - through Expenses: Labor Related Expenses (Final Plans): Engineer IV Engineer IV Engineer II Engineer III Technician II Technician 11 Land Surveyor Subtotal Labor Total Direct Labor Expenses Other Pass - through Expenses: Reproduction Final Plans Full Plan Mylars Construction Plans Construction Documents Survey Additional Traffic Signal Total of Other Pass - through Expenses: Labor Related Expenses (Construction) Engineer IV Engineer III Engineer II Technician 11 Technician 11 Land Surveyor Subtotal Labor Total Direct Labor Expenses Plan -In -Hand Design Fee = $ Estimated number of total sheets: Std. Houdv 58 MH @ $ 88.40 = $ 5,127.20 0 MH @ $ 85.02 = $ - 0 MH @ $ 65.00 = $ ° 0 MH @ $ 78.00 = $ 112 MH @ $ 44.20 = $ 4,950.40 0 MH @ $ 44.98 = $ - 0 MH @ $ 52.00 = $ 170 MH $ 10,077.60 $0 $0 $0 $ 10,078 0 Sheets @ $ 0.45 = $ - 0 Sheets @ $ 5.00 = $ - 0 Sheets @ $ 0.45 = $ - 0 Sheets @ $ 0.15 = $ $ 3,300.00 $3,300 Final Plans Design Fee = $ 13,378 Std. Houdy Rate 0 MH @ $ 88.40 = $ - 0 MH @ $ 85.02 = $ - 0 MH @ $ 65.00 = $ - 0 MH @ $ 44.20 = $ - 0 MH @ $ 44.98 = $ - 0 MH @ $ 52.00 = $ 0 MH $ Construction Fee = $ ° Estimated number of total sheets: Total Fee = $ 13,378 SUBJECT- ENGINEERING DESIGN SERVICES AGREEMENT AMENDMENT NUMBER SILVER CRE EK DRAINAGE IMPROVEMENTS DATE: April 14, 2005 BACKGROUND In 2003, a hydrology study of the Silver Creek watershed (draining the Willows and the Bradfords at Silver Creek and the Nottingham Addition) was commissioned to address reported drainage problems in the Bradfords at Silver Creek. The report revealed that the stormwater system serving the area is currently inadequate to properly convey and detain stormwater runoff. Explicitly, the study uncovered that the conveyance system and detention pond are both undersized to handle storms in excess of a ten -year frequency'. To correct drainage system deficiencies, proposed solutions include diversion of the Willows storm sewer system to a new stormwater detention facility constructed immediately upstream from a 36 -inch pipe located between the Bradfords and the Village subdivisions. The new pond would provide approximately 30 acre -feet of additional storage, adequate to detain storm runoff from a 100 -year storm event. ENGINEERING SERVICES AGREEMENT; In November 2004, following council approval of funds for the construction of drainage improvements at Silver Creek in the amount of $300,000, city staff approved an Engineering 1 Meshek and Associates, "Silver Creek Addition Stormwater Drainage and Detention Analysis ", March 17, 2004 Amendment No. 1. Silver Creek Drainage Improvements Page 2 of 2 Services Agreement with Meshek & Associates, Inc. for the design of Phase I of the recommended improvements2 (see Attachment A). The work included preparation of construction plans and specifications for upgrades to the existing conveyance system along North 141st East Avenue and construction of a new temporary detention pond to be located immediately north of The Village at Silver Creek (see Attachment E). On March 15, 2005, Council awarded a contract for construction of Silver Creek Improvements — Phase I — to Yocham Enterprises, Inc. (the apparent low bidder) in the total amount of $267,698.00. Construction of improvements is scheduled to start in April 2005, AMENDMENT NUMBER 1 On March 28, 2005, Meshek & Associates, Inc. submitted an invoice for $10,399.82 as Amendment No. I to the Agreement for the performance of additional design and survey work beyond that specified for Phase I of improvements (see Attachment C). The additional work was necessary as part of the easement negotiations for the construction of the temporary detention facility. The additional work included preparation of preliminary plans and legal descriptions for the ultimate pond size and location. Additionally, the work included the evaluation and hydraulic modeling of alternate storm frequencies (for mitigations purposes) to reduce pond size. F'TJNDING: Funding for this project in the amount of $300,000 is included in the Fiscal Year 2004 -2005 Stormwater Division Capital Outlay budget (line item 01 -370- 54230). Supplemental funding in the amount of $3,000 is available in the Stormwater Management Fund. _ COMMENDA'T'IONS® Staff recommends Council approval of Amendment No. 1 to the Engineering Services Agreement with Meshek & Associates, Inc. (Sand Springs, Oklahoma) for Silver Creek Drainage Improvements — Phase I in the total amount of $10,399.82. ATTACHMENTS A. Project Map E. Engineering Services Agreement C. Amendment No. 1 2 The Agreement was in the total amount of $25,000 and did not necessitate Council approval. I ze RY OTHE CONTRACM 1499 - ---------- 1400 It PHASE I A6 IDD YEAR WATER SURFACE L6 'POND 230 A 04 4 LnAm OF RESERVE 242 UP VED D�n P A vx -LI Im CONSTRU MOM NOTES EZGLNID EXCAVATE CHANNEL AREA. CUT SLOPCS To SPOT 3:1 VAX AND PLACE SOD. FOR DETENTION POND. COWPACT SOIL TO 95% M. L FLCI -10' n2 CONSTRUCT SLOPE WALL DUTLO STRUCTURE Crr.p.,% FesPlT .. W/ 120 LF OF 3V RCP, 123 QGRADE TO DUN. -mcruRE -Aes- f4l OUTLET CHANNEL SIDE SLOPES CUT TO 4:1 WASTE EXCESS EXCAVATED ML TO BE USED AT P.L AND RACE SOD. THE DrCFMTK>H OF THE E�LNEER. E0 CONSTRUCT CULVERT END TREATEMExT, &c1" CUT MnMG PIPE. LZNE DATA [ECONSTRUCT BERM TO ROADWAY SUBGRADE Lb FOR DETENTION POND. COWPACT SOIL TO 95% M. PROCTOR DENSrrr AT 2% OF opnmuw mOSTURE CONTENT. WASTE EXCESS EXCAVATED ML TO BE USED AT THE DrCFMTK>H OF THE E�LNEER. CURVE DATA Q 'MR JL DETAJL.ED POND M S'Ly% CRM —.-DRAINAGE PROVEL crry DEPWEXrp�8=1 Ifeshek Associates THIS AGREEMENT, made and entered into this t° day of e _ between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a storrnwater detention facility, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through hew � Zoo NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT which is attached hereto and incorporated by reference as part of this AGREEMENT, 1 SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION and further described in Attachment E, FEE /MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All AGREEMENT FOR ENGINEERING SERVICE A.DOC engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. (_,IMITATION OF RESPONSIBILITY. 7.1, ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent tmcertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall AGREEMENT FOR ENGINEERING SERVICE A.DOC be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to alloy,, ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. AGREEMENT FOR ENGINEERING SERVICE A.DOC 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $500,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES tinder this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project ENGINEER's contract price arud sc— hedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 2nd Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO, OKLAHOMA P.O. Box 180 Owasso, Oklahoma 74055 Attention: F. Robert Carr, Jr. 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. AGREEMENT FOR ENGINEERING SERVICE A.DOC 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and /or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. AGREEMENT FOR ENGINEERING SERVICE A.DOC IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso, APPROVED: City Clerk APPROVED AS TO FORM: City Attorney AGREEMENT.DOC Meshek & .Associates, Inc, Engineering Services City of Owasso, Oklahoma SilverCreek Stormwater Detention Facilil SCOPE OF PRO�'L. 'The PROJECT shall consist of the preparation of construction Mans and specifications for drainage improvements and a stormwater detention facility for the City of Owasso. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT A.DOC A -1 Scope of Services Attachment The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of the preparation of construction plans and specifications for a stormwater detention facility and appurtenant drainage improvements. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that the PROJECT will be designed and constructed in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Ground Survey for topography and elevations of selected features B.Lb) Legal description of final "reserve" area B.1.c) Geotechnical analysis of soil and embankment requirements B.1.d) Meetings with City Engineers and affected landowners as required B.1.e) Preliminary hydrologic and hydraulic design 13.11) Detention pond and revised storm sewer drainage system preliminary design B.Lg) Preparation of preliminary cost estimates to verify budget B.1.h) Final hydrologic and hydraulic design B.1.i) Detention pond and revised storm sewer drainage system final design B.1.j) Preparation of Contract Documents and Specifications B.11) Preparation of Final Cost Estimates AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT BLOC B_1 Engineering Services City of Owasso, f£ W Responsibilities of the City Attachment RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1. Reports, Records, etc,. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 Construction Administration Phase. Review and take appropriate action on contractor shop drawings and material submittals, and review of contractor pay estimates. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT C.DOC C,1 Engineering Services City of Owasso, Oklahoma SilverCreek Stormwvter Datp T ts; q� COMPENSATION.The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project, Attachment E, the total maximum billing including direct costs and subconsultant services shall be $95,000 which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $37 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. D.4 Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D.DOC D .i D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: D.5.1 For hourly services as presented in D.2. D.6 Conditions of Pavment. D,6,1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D.DOC D -2 Billing ate Sheet Attachment Hourly Rates For: Meshek & Associates, Inc. Amount ($ /hour): E.1 Allowance for Office Mork: Project Manager $85 /hour Project Engineer $65 /hour GIS Specialist $55 /hour Staff Engineer $55 /hour Engineering /CADD Technician $45 /hour Field Engineering Technician $30 /hour Survey Crew $100 /hour Clerical $35 /hour E.2 Travel Expense: Total mileage traveled for field and office visits x $0.37 /mile E.3 Reproduction costs: E.3.1 In -house reproduction Copies $ 0.20 /each Prints $ 2.00 /each 11 x 17 Color Prints $ 3.50 /each Black and White Plots $18.00 /each Color Plots $28.00 /each E.3.2 Outside reproduction At Cost E.4 Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT E.DOC A-1 Engineering Services City of Owasso, Oklahoma De Schedule Attachment F. SCHEDULE. The schedule for the preliminary design and final design phases of the SilverCreek Stormwater Detention Facility project are provided as follows; F.1. Surveying will be completed by Wednesday, November 17, 2004 F.2 Preliminary design and preliminary probable construction cost estimate will be completed by Friday, December 3, 2004. F.3 Geotechnical Engineering will be complete by Friday, December 3, 2004 F.4 Final Design and final probable construction cost estimate will be completed by December 17, 2004. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE.DOC 1 Apr 08 05 08:26a Date.- March 28, 2005 Meshek & Associates, Ma. Ana Stagg, Pubjji,- Dire<,tc)r City of Owasso P 0 Box 180 0,,vas-so, Okllahomi�, 74055 S SHEX & ASSOCIATES, fNC I N N 0 1 'RE: Silver Creek Detention Pond Phase 11 Engineering -Services through 03125ioS Invoice No. 050VVA04-1 Principal Engineer GIS Mapping CARD Tech/Engr Tech 70 (_cb 38.46 per hour 18 ,5 Q 21.63 per hour 39.5 (d) $ 21.15 per hour 11-5 (d_ $ 14-35 pea hour TOTAL Overhead g 142% SUBTOTAL Profit 0_ 5% P.O. Box 636- 20 W. 2nd Street, Suite 200 Sand Springs, OK 74063 918-241-2803 fax, 918-241-9245 wwV-meshekengr.com S 2,69Z20 $ 4 00.16 $ 835.43 $ 165.03 $ 5,811. 6 9,904.59 AMOUNT DUE THIS (INVOICE (212W05-3128M ).- S 10,399.82 0501AIAQ4 Apr 08 05 08:29a Neshek & Associates, Inc. 918-241-9245 P.3 PROJECT. City of Owasso -- Silver Creek Drainage improvements Phase 2 Date: 3/28/05 Engineer: Meshek & Associates City Project Manager: Ana Stagg/Joa Norge Invoice Period. February 26, 2005 -- March 25, 2005 Items completed as of 3/215/05 include. 0 Meetings with City Engineers and affected landowners a Revised preliminary hydrologiG and hydraulic design for c ,Irrent concept o Expanded detention pond and additional storm, sewer drainagi�� systerr', conceptual design o Preparation Of conceptual cost estimates for to verify budget Items to be completed in April at the direction of the City: D Additional Surveying for legal descriptions t:.i Legal description of the final expanded "reserve" area o Additional Meeting,-, wfth City Engineers and affected landowners as required o Begin revised preliminary hydrofogic and hydraulic design based oil revised storm frequency for the mitigation portion- o Begin expanded detention pond and additional storm s(-,p er drainage ,3ystez V preliminary design also based or) revised storm -) frequency for the miflg�jtiofl Portion. Preparation of additional cost estimates for verification of revised sfonlfl frequency for the mitigation portion, TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- CHIP MCCULLEV CITE' PLANNER SUBJECT- FINAL PLAT (Tyann Plaza III) APRIL (; BACKGROUND: Tyann Plaza, LLC has submitted an application to the Planning Commission for approval of a final plat for Tyann Plaza III, located south of E. 96th St. N. on the cast side of the Owasso Expressway on the north side of the service road. The applicant wishes to create one lot on 1.79 acres for commercial use. A general area map is attached. PROPERTY CHARACTERISTICS: The property is approximately 1.79 acres in size and is zoned CS (Shopping Center District). The subject property is undeveloped. The property to the north is zoned CS and is undeveloped. Property to the south is zoned OM (Medium Intensity Office) and is also undeveloped. The Owasso Expressway runs along the western border of the property. Waterford Plaza, Walgreen Drug Store, and Home Depot border the development to the east. An off site stormwater detention center is adjacent to the southeast. DEVELOPMENT PROCESS: The four primary steps in the development annexation, zoning, platting, and site planning. of commercial property in Owasso include The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. 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. 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 Cleric and governs all future development on that property. ANALYSIS. The applicant is requesting this review in order to facilitate commercial development on a 1.79 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in C5 districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Since this is a one lot development there is no preliminary plat required. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention facility behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the March 30, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and /or concerns. The following TAC recommendation was addressed: Applicant must indicate a continuous 10' utility easement along the east side of the property. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on April 11, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the Tyann Plaza III Final Plat, with the TAC conditions being met. COMMENDATION: Staff recommends approval of the Tyann Plaza III Final Plat subject to recommendations as made by the Planning Commission. ATTACHMENTS 1. Case Map 2. Final Plat Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com X AN,' Deed of Detlicntbn L —.a STRC[TS AI✓D IRAITT CASDOdix. Certain Restrictlons 2 LLv➢[RGda�➢ ANp C`CL1RIa N!D [aMM TRW SCa vICL vmi � TI �. r onm •.-mmoc r m —T. ,r�� Durst m Nmm o ,..m�umm®.0 aim..' ren.m WS SE—aa r r M B TM vun,r� s�nwTCOV,u.wa n ..,fir cm¢r�ucnw ncrn,n Nncn mr ,nTUrcxc vnn sua ,m Qr�wui i`,rcansi u� isa oe ri¢ciin `Ica m tic annsurt AH iwc ¢PUR. ..s 7. DEVELLER'S RESERVER R3GNTS, rKiecss. Eneux AHe FINAL PLAT TYANN PLAZA III A PART OF THE NORTHEAST QUARTER (NE 14) OF SECTION 20 TOVNSHIP b NORTH, RANGE 14 EAST AN ADDITION TO THE CITY OF 0WASSO, TULSA COUNTY, OKLAHOMA w �s'W m Ppppppp /f b – – – / _-- -___ -- / ------------------ Ipp J1Rt^Llli lwxf a ". LLG P� �Al nmo PIAa wTE PAtlUFp svr s arsax ➢r rEw Jm rtw ncm nAx a)anaers ifldl PNt1 Nl fe]QX4lJy N 9JRVEYDR-. OWNER / DEVELOPER- 1 I s-------- - - - - -C / OS�Gd� COLLINSVILLE, OK 74023 OvASSO, Ox 74055 (918) 371 -7750 Certificate of or Authization No. 3932 TYANN PLAZA Renewal Da te- June 30, 2005 ' IT I BL i TI ' -TYANN PLAZA 11 iU£R 6 / nxa j / re`iar is / BLOCK I r / – – – / _-- -___ -- / ------------------ Ipp J1Rt^Llli lwxf a ". LLG P� �Al nmo PIAa wTE PAtlUFp svr s arsax ➢r rEw Jm rtw ncm nAx a)anaers ifldl PNt1 Nl fe]QX4lJy N 9JRVEYDR-. OWNER / DEVELOPER- D. GM 6 ASSOCIATES, LLC TYANN PLAZA, LLC. P.O. BOX 216 PO BOX 397 COLLINSVILLE, OK 74023 OvASSO, Ox 74055 (918) 371 -7750 Certificate of or Authization No. 3932 (918) 274 -0517 Renewal Da te- June 30, 2005 ENGINEER KELLOGG ENGINEERING, INC 6755 SOUTH 4060 ROAD TALALA. OKLAHOMA 74080 (918> 275 -4D80 CertlflCate of Authorizatb, No. 2788 Renewai Date: June 30, 2005 s�'m'cR�E BENCHMARK: 'o�OII- aara�n,mc n,rnm . >ura o-aa �J ponz _ a• sr a fTn ,• - SR R 14 E E. I_ ST. N `aR 20 21 G N F. 86TH 51 N. SECTION 20 TULSA COUNTY LOCAMN MAP SCALE. I" =2000' �RTIFiCATE OF v YNERSHIP m CERTIFICATE OF SURVEY ----------- zlmlmxm- ome ¢ s 1916 CERTIFICATE OF F1NAL PLAT APPRCIVAL TYANN PLAZA R em am: 9¢T 1 N: TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- CHIP MCCULLEY CITY PLANNER SUBJECT- FINAL PLAT (Center West) DATE. i 8,201 BACKGROUND 9 129' , LLC has submitted an application to the Planning Commission for approval of a final plat for Center West, located south of the Owasso Expressway and E. 96 ST. N. interchange, on the north side of the service road just east of Tyann Plaza 111. The applicant wishes to create one lot on 0.85 acres for commercial use. A general area map is attached. PROPERTY CHARACTERISTICS: The property is approximately 0.85 acres in size and is zoned CS (Shopping Center District). The subject property is undeveloped. The property to the north is zoned CS and is undeveloped. Property to the south is zoned OM (Medium Intensity Office) and is also undeveloped. The Owasso Expressway runs along the western border of the property. Waterford Plaza, Walgrecn Drug Store, and Home Depot border the development to the east. An off site stormwater detention center is adjacent to the southeast. DEVELOPMENT PROCESS: The four primary steps in the development annexation, zoning, platting, and site planning. of commercial property in Owasso include The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. 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. 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. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 0.85 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Since this is a one lot development there is no preliminary plat required. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention facility behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. TECHNICAL ADVISORY COMMITTEE- The Owasso Technical Advisory Committee reviewed the final plat at the March 30, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and /or concerns. The following TAC recommendation was addressed: Applicant must show the utility easement of the adjoining property to the east prior to building permit issuance. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on April 11, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the Center West Final Plat, with the TAC conditions being met. COMMENDATION: Staff recommends approval of the Center West Final Plat subject to recommendations as made by the Planning Commission. ATTACHMENTS 1. Case Map 2. Final Plat Soils t' =v0' it EAST 96--H STREET NORTH H T 21 N I 7Z EAST 66TH STTNEE1 NORTH L_occI( onklcr 1 .11 "Is, 1. DF -11. — T-11-1, - e , I I, IT —1 1711 Final Plat Center West A PART OF THE NE14 OF THE 14,4 OF SECTION 20, T-21-N. R-14-E AH ADDIMCH TO THE CIT, OF QWASSG TULSA COUNTI, OKLN10Nfk SURVEYOR: Benchmark Surveying & Land Services, Inc. F.O. B­ IL178 - 0. Oki.h., , 74055 Eh'. 9 A- Fe: ( 13) 2, - 9031 OWNER /DEVELOPER: ENGINEER 96th & 129th, L.L.C. Khoury Engineering, Inc. P.O. 6.,1 240 1435 ED,I( 41st Street 0­5., Okl.h— 1i-, 011.h— 74105 Phone. (918,) 272-3282 Phone'. (918) 712-8718 East 96th streof Aforth A IT I .171, IIlr. 11 11. I—� L11 J SECTION I EASEMENTS, AND UIILITIIS A Ui)UT'I EASEMENTS 11 1 A Ig —1 E.— I R DIIGEI—ID UTILITIES T III L11!1 A 1�1 �A�I_IX e -n TD, Ie A, -T e, —TARf we »v`w AIID ST­ S[KR AILII,— �1 �I "I II GAS el— I A, Z - 1, ntna"'I l'I— III I— l". <; —HI. lx .11 —T, I. V11=1'1 W, I111.1 AZIT 7 Ill E. SURFACE D—I­111 I'lAII-1 11=7 A- F FA—, I'D .111le —.IlTe SECTION 11 ENFORCEMENT, DURATION AMENDMENT AND SEVERAGUlY Z. I �el 11—. 1".. lxnT"I 11 —It II 1. 1% 1— 1111 — -11 .1 �RP- IT I.A. .1 —1 11 1— N '1' —11-1 .—T A-Ill. 111 .1-11 1.1 —1 LA- T� 1 11IT 11 .1 —11 1-1 —1 11— IA CERTIFICATE 01 CERTIFICATE OF SURVEY -A- AA I- —11IT IT— I 5---CUF1: t IM 9�'� '1' I' I 1�1 CER'NEC.o O 7, F FI-L N-AT APPROVAL xr —1 .1 II FT Center W., TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHJIPMCCULLEY CITY PLANNER SUBJEWT: EASEMENT CLOSURE (Smith Farin Marketplace) DATE- APIUL 8, 2005 The City of Owasso has received a request from Khoury Engineering to review and approve an easement closure on the northeast corner of The Smith Farm Marketplace, located on the west half of Section 20, northwest of the Owasso Expressway, east of N. Garnett Road. The existing 66.23 acre property is developing commercially as Smith Farm Marketplace, zoned CS (Shopping Center District). The subject property is undeveloped. Surrounding property is zoned CS (Shopping Center District) and is developing as Smith Farm Marketplace. LOCATION The easement in question is a 36' strip of property along the northern boundary of The Smith Farm Marketplace. The applicant is requestinR tlus review in order to take appropriate action relating to matters allowing for the closure of a portion of a 36 easement on the Northeast comer of the Smith Farm Marketplace. As a result of adding the Lane Bryant bung on the project, the applicant encroached into a platted access easement by approximately 6-ft. The access easement would now J, 30' instead of 36. Other than being built over an easement, the site meets all Owasso Zoning Code and Subdivision Regulations including side setbacks, No turning radii will be affected. The Owasso Technical Advisory Committee reviewed the easement closure at the March 30, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory Committee recommended approval of the Easement Closure without condition, The Owasso Planning Commission considered the application at a public hearing conducted on April 11, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the Smith Farm Easement Closure. - — ---- - -- - ---------- Staff recommends approval of the Easement Closure without condition amwq��� 3. Smith Farm Market Place Site Plan IV] r I ---A Subject Pripe FYI Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com �Smith Farm H WKWA Site Plan ;�mith Farm Marketplace ILUMN 5 T: FYI Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com �Smith Farm H WKWA Site Plan ;�mith Farm Marketplace ILUMN 5 \ \ \ \ c CD C) e SMITH FARM MARKETPLACE HUNT PROPERTIES, INC. E m OWASSO - OKIAHOMA ; r g l OVERALL SITE PLAN Ag 111", TO: THE HONORABLE MAYOR AND COUNCI CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OPUD 05-01 AND OZ 05-01 DATE: April 12, 2005 The City of Owasso has received a request from Dominion Ventures proposing to rezone 166.28 acres from AG (Agricultural District) to RS-3 (Residential Single-Family District) with the intention of developing a residential subdivision. The property is located on the south side of East 76th Street North, '/2 mile east of North 129th East Avenue. The subject property is currently undeveloped and is used for agricultural purposes. Properties to the north, cast and west of the site are used for single-family residential purposes. Property-tt the south is undeveloped. The subject property is currently zoned for AG (Agricultural). Land to the north, cast and west is zoned RS (Tulsa County-Residential Single-Family). Property to the south is zoned AG (Agriculture). The applicant is also proposing a Planned Unit Development (PUD) involving the 166.28 acre tract. The proposed OPUD 05-01 will take the underlying RS-3 zoning designation to guide the development of single-family homes. A general area map and a complete legal description of the property have been attached for your information and review, In November, 2003 the Owasso City Council approved annexation of the subject property, The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance areas. 3. Whether the PLTD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. Q 0__ The Owasso 2015 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants/owners to develop the area for residential single-family use. The E. 7e Street North corridor has been identified as a non-commercial corridor west of North 119th East Avenue. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for single-family development. Similar residential developments along E. 76th Street North have developed, such as Crown Colony. WIT] The staff published legal notice of the PUD request in the March 17, 2005 edition of the Owasso keporter and mailed notices to property owners within a 300' radius of the subject property. To date, the staff has received oral opposition from one person concerning the request. The Owasso Planning Commission considered the application at a public hearing conducted on April 11, 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve OZ 05-01 without condition. The Owasso Planning Commission also considered OPUD 05-01 at a public hearing conducted on April 119 2005. At that public hearing, the Planning Commission unanimously recommended that the City Council approve OPUD 05-01 subject to the following conditions: 1. The developer constructs fencing adjacent to residential owned property. I City, county and developer meet regarding access concerns. The staff recommends approval of OZ 0501 without condition. The staff recommends approval of OPUD 05-01 subject to recommendations as made by the Planning Commission. L General Area Map 2. OZ 05-01 Application 3. OPUD 05-01 Development Outline Plan 4. Legal Notice 5. OPUD 05-01 Application I- - - - -- ----I P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 GENERAL -LOCATION 1,3500 E, 76:--'1 SL, N- PRE, SENT ZONING AG PRESENT USE V:tcant Land PROPOSED ZONING. RS-3 PROPOSED USE R;�sidenLial LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) See Attached Exhibit 'A' Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE I OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED CROWN COLONY 11 Addition to the City of Owasso, Tulsa County State of Oklahoma Section Thirty-Three (33), Township Twenty-One (21) North, Range Fourteen (14) East Submitted to: CITY OF OWASSO, OKLAHOMA Development Concept ............ ........... 3 Statistical Summary ......... ...... ............................... 4 Development Standards . ........ ....... 5 Homeowners' Association ......... 6 Platting Requirements ... 7 Site Plan Review. . . „ - . . . - . ........... 7 Expected Schedule of Development .... 7 Maps: Site Analysis Underlying Zoning I The development is a single family residential development bordered by two subdivisions as well as a few undeveloped tracts. Many prospective residents in today's marketplace desire smaller, well-maintained yards along with nice homes on smaller lots while others desire more conventional city lots. This development concept will allow both types of homes to be developed in a manner that is consistent and well-designed. I 1411-11 , Project Area > Residential Maximum Dwelling Units Allowed by Code: Maximum Dwelling Units Requested-, RESIDENTIAL: + 166.28 gross acres + 166.28 gross acres 550 DU's Single-Family Detached > Total Area: + 166.28 gross acres > Requested Number of Dwelling Units: 500 M 0'affl AN N.E. WA, % Single-Family Detached Homesites.- Single-family detached structures intended for individual lot ownership. > Permitted Uses AS permitted within RS-3 District, � Minimum Lot Size By right or special exception 6,000 sq. ft. 2 stories 20 ft. * Cul-de-sac and pie shaped lots may have less than minimum frontage measured at building lines. Other Requirements: I al NO I forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 0 Final documents ®n the Association will be filed in the future which will address rights and requirements for association members. no *,7x41 ] N-411*1011D' SITE PLAN REVIEW EXPECTED SCHEDULE OF DEVELOPMENT Development of the Addition is anticipated to commence upon approval and of zoning and platting. N 64626' VEST -77 '%7--W-T-TT'A YrZ7 1323,62' 1323.55' S 89'56'45' E S 89'56'44' E R 13 E Location Map IZZAL DESCRPTION THE .EAST HALF OF THE NORTHWEST QUARTER flF./2 N'%'!"4) AND THE SOU IM,"EST QUARTER. OF THE NORTHEAST QUARTER (SAVA NE,:4) AND FEE WEST' IIALT OF THE SOUTHEAS-1 QUARTER OF 1.1j:'NORTHEAS1 QUARIPER (W/2. SE/4NZ,4)AND'rlJ.E NO('C'III, HALF OF THE NORTHWE"ST QUARTE-R, OF THE SOL THEAST QUARTER f '.N/2 NM,,4 SE: 4)AND rl-lE NORTH IL= LF OF TIM NORTH.EAST QlJiUITER OF THE SOUTFIAVEST QUARTcl'� NI -,`4 S -W,"4) OF SECTION - 3, TOWNSHIP 2I NORTH, RAN. GE 14EAST OF THE 13. &M., TULSA COUNTY, OKLAHOMA, ACCORDINQ TO THE I. Nf.TED STATES COVFRN.*vll:'.N'l SURVEY TFIIAEOF. ANI) A M-ALIT OF LAND LOCA rED IN THE WEST H-A:LF(W,!2) OF'IIIE (NW-,;4) OF' "EHE -lfORll.IEASI'QUA.Rl'I:: . IK (NE14', OF SECTION T15IRTY-THREE (333), TOVINT.S.H.TP TW'.F.N-TY-ONF (2 1) N GRTI f, RANGE FOURTEEN (I .',:) .EAST OF TINE INDIAN BASE ANDNIERIDIA:N fI.B.& ACCORDING TO 11-M U.S. o G OV ERNMENT ST_RNF aY , THEREOF, TULSA COLYNT -%01(LAHC IA. cur BEING -\—lOAEPAR'IlCULA:ftLY DESCRIBED EYMETES AND 6. ROUNDS AS FOLLOWS, TOJA,;IT: BEGMNNENG, AT THE. Nil' CORNER OFTE E W/2 VENN. .,'-1 Nr-'-4 OF SEC.33. T -21 -T; R- 1.9 -} ?, L&&M-:1 RENCE N 89159'48' E ALONG THE NORTH LINE OF SAID 6N'/2 NWIi -1 NE ."-1 A DISTANCE OF 417"3617 W'A DISTANCE OF 1771.39FE1,7; ()VIT NV A DISTANCE: OF 991.4-1 FEET TO A POINT ON THE SOUIII I LINE OF SAID WI;2 -N'W..;l NE,4:11JENCE N 8915S7.18" NV A DIST:ti'\'CE 9.1" 30.00 FEE'r. TOI HE SV," CORNER OF SAID 'Al,'2 NV%,,;4 NE; zTHENCE N 00" 2`8" E A DISTANCE OF 13183 9 FEET TO THE POINT OF BEGINNING. LESS AND L—XCEPT A TRACT OF LAND IN THE NE/4, NW/4 OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B.&M- TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID SECTION. I101t4TOFB'3�C31NNINCi;Tlil,?NC:.GSO"6'13"WAU.'Sl:,'\NCEC?l-' 1043-50': THENCE N 51'0'0" 17 A DISTANCE OF165.46; THENCE '3-.72'A.,'.ONG A CURVE'TOTHE I-Ell III.AVr.NG.A RADIUS 0,F 50' AND,,l,CTf0RDOFN5lI'0",)`. 96.8C3';T7-11--ICEN54'0'0"EA TFF,I\T(7F,N32'0'0 "EADISTA.NCEOF3?6.',?Il:THE-NCEN(1T, HA DIS'IANCE OF 2142.52': THENCE WEST A DISTANCE OF 837 THE. POINT OF BEGINNIN(.3. Ij R 13 E T 19 N Location Ma _ t• LEGAL DESCRU111ON THE FAST HALF OF T14F NORTHWEST QUARTER (E12 NWA) AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW!4 NF-4) AND THE WEST HALF OF THE SOUTHEAST QUARTER OF S 9 •THE NORTHEAST QUARTER (Wi- SF,-4 NEA) AND THE NORTH 1950.01 HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (N12 NW14 Sa4) AND THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (N2 NP.-'4 SW.-4) OF SECTION 337 TOWNSHIP 21 NORTH. RANGE 14 EAST OF THE I.E. L Nf.. TULSA COUNTY. OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. AND A TL4,CT OF LAND LOCATED IN THE WEST HALF (W2) Of THE NORTHWEST QUARTER (NWi4) OF THE NORTHEAST QUARTER (NE4) OF SECTION THIRTY-THREE (33), TOWNSHIP TWENTY-ONE (2 1) NORTH, RANGE FOURTEEN (14) FAST OF THE INDLkN BASE AND IIERIDL-%N (I.B-& M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHONL4,, BEING IliORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT THE NW CORNER Of THE W.`2 N"AA NF*4 OF SEC.33, T-21-N, R -14 -E, I.B.&M.; THENCE N 89'59'43"E ALONG THE NORTH LINE OF SAID W-2 "'W,4 NE4 A DISTANCE OF 17356 FEET, THENCE S 00-00'12'E A DISTANCE OF 3090 FEET; THENCE S 47'36'17" W A DISTANCE OF 177.39 FEET; THENCE S 04'26'44' W A DISTANCE OF 177,89 FEET; THENCE S 00. 12'58" W A DISTANCE OF 991-44 FEET TO A POINT ON THE SOUTH LINE OF SAID W121 NWA NF-'4: THENCE N 89'5848" W A DISTANCE OF 30.00 FEET TO THE SW CORNER OF SAID W!., NW14 .24; THENCE N 00o1 2'58" E A DISTANCE OF 1318.39 FEET TO THE POI',"fOFBEGINNING. 661,47' LESS AND EXCEPT A TRACT OF LAND IN THE NE/4, NW14 OF SECTION 35, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: V) Z' COMMENCING AT THE NW CORNER OF THE NEA OF THE NWA OF SAID SECTION 33; THENCE EAST A DISTANCE OF 15.42' TO THE ?OHrf OF BEGINNING: THENCE S O'l 6'13 "W A DISTANCE OF 043 50'; THENCE N 54'07 E A DISTANCE OF 165.46': THENCE 131.72' ALON G A C URVL TO THE LEFT HAVING A RADIUS OF 50' 1323.55' AND A C14ORD OF N -U'O'O'E 96.80; THENCE 54'0'0' E A DISTANCE OF 487.26': THENCE 36'52'32'E A DISTANCE OF51-IT; THENCE 32'0'0"FA DISTANCE OF376.7l'; THENCE NORTH A DISTANCE OF242.52% TJLENTCE WEST A DISTANC• OF Rif .78'TO THE POINT OF BEGINNING. A W"s I Notice is hereby given dial a public hearing will be held by the Owmso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M, April 11, 2005. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property: Im IC 1 To be considered is a rezoning from AG (Agriculture), RS (Tulsa County Residential), and FD Flood District) to RS-3 (Single Family-Residential). The property is approximately 166.28 acres in size, and is located on the south side of 76th street V2 mile cast of 129th E Ave. GENERAL INFORMATION. P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 APPLICATION GENERAL, LOCATION 13500 E. 76th St N. PRE, SENT ZONING___. RS-3 & AG PRESENT USE_ NO. OF UNITS__ 5 _0 _ __ _ ACRES 166.28 pro LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) See Attached Exhibit A Name and Address of Record Owner Name of person to be billed for publication Phone Dom pion VentuYN s I c, Dominion 1_�tur:, <3. . Inc 272-0/270 As applicant, what is your interest in this property? Mailing Address [X]Present Owner [:]Agent for Owner P 0 Box 1013 ❑Purchaser []Other ❑Attorney for Owner nc.,,n q;, nu 71Ln'; S I DO HEREBY CERTIFY THAT T11E INFORMATION HEREIN I SIGNATURQ p��� DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE / ® E E L� � Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's consultant should attend the Planning Commission meetings at which the Rezoning will be reviewed, Fee Schedule Submittal Requirements 0- 0.99 acres $75 Topographic Map 1- 4.99 acres 100 Outline Development Plan 519.99 acres 150 Outline Development Text 20 + acres 200 300' Radius Report TAC MEETING DATE_ SUBMITTAL DATE FEE RECEIPT NUMBER OPC MEETING DATE ZONING DISTRICT_ APPROVED DENIED TO: THE HONORABLE MAYOR AND COUNCI CITY OF OWASSO SUB311ECT: REGULATIONS FOR OUTDOOR LIGHTING IN OWASSO Af® April 14, 2005 Citizen Members John Herbert Tim Johnson Bob Seay Ken Taylor Kevin Vanover David Vines 6-HU110TIM171 r#T-zm The current zoning code says very little about outdoor lighting. In the off-street parking section of the code, it does say that "Parking lot lighting shall be by constant light and shall be arranged to direct the light away from residential districts (section 1120j)." The committee finds that these current regulations are insufficient when trying to address the variety of different lights that accompany developments in Owasso. As the city has grown, the opportunities for conflict between residential areas and outdoor lighting uses have increased. It is reasonable to expect that some basic regulations should be considered in an attempt to maintain compatibility between residential uses and non- residential uses. � I I AMMML ....... ...... ­ _Mj" Parking lot lighting fixtures of more than 2,000 lumens must be cutoff fixtures or must be shielded. Also, the maximum mounting height of parking lot lighting is 30', though the applicability of this provision may be reviewed at the request of the applicant. The hours of operation for the lighting system for any outdoor game or event shall not exceed two hours after the end of the event. Lights that are designed to light signs, buildings, and landscaping must be placed so that direct illumination is focused exclusively on the intended feature, and do not shine onto adjacent properties and the street right-of-way. Searchlights would require permits. The permits would be allowed up to twice a year, and would be valid for up to 48 hours at a time. Searchlights would not be allowed in residential areas. Trie way I is oramance win Ge emorce I'll T lat site �ians De re"(�T,71771, o 7777 lighting photometric plans. Photometric plans show footeandle light levels, as well as the type of lighting devices, fixtures, lamps, supports, reflectors, poles, foundations, and other devices related to the way that the property will be lighted. In order to gauge public feeling and to incorporate citizen comment into the proposed ordinance, the committee conducted a public hearing on the lighting standards on March 14, 00 committee announced the public hearing via the Owasso Reporter, the City of Owasso website, the City Manager report, and specifically invited local developers and engineers by mail. At the public hearing, there was no citizen comment. The committee finds that, as Owasso grows, the impact of outdoor lighting upon Owasso continues to increase, necessitating the development of controls with which to guide the placement of outdoor lighting. Therefore, the committee recommends that the City Council approve the proposed outdoor lighting ordinance. 1. Proposed ordinance 2. Questionnaire of issues 3. Spreadsheet of lighting regulations from 14 other cities 4. Presentation handout An ordinance amending the Zoning Code of the City of Owasso, Oklahoma, by creating Chapter 18, by adopting new lighting standards for private projects in Owasso. SECTION I. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO that Owasso Zoning Code is hereby amended by adding a new section to be codified as Chapter 18, which Section and subsections to read as follows: Owasso Zoning Code Chapter 18. OUTDOOR 1,1(-'r'HT1NG STANDARDS; A. - PURPOSE Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort; and maximum light levels so as not to create or cause glare onto nearby properties and public street rights of way; and to minimize uplight. Cutoff Fixture — An outdoor light fixture shielded or constructed in such a manner that no more than two and one half (15) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Flood Lamp — A form of lighting designed to direct its output in a specific direction with a reflector formed fi-om the glass envelope of the lamp itself. Such lamps are ** designated by the manufacturers and are typically used in residential outdoor area lighting. Flood Light — A form of lighting designed to direct its output in a diffuse, more or less sF`. ific direction, with reflecting or refracting elements located external to the lamp. Footcandle (FC) — A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot, Full Cutoff Fixture —.yin outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Glare — The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability. Light Source — The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture. SeCutoff Fixture — An outdoor light fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. Spillover Light — The light that can be measured on a property, when that same light is generated from another property. Uplight — Light that shines upward, above the horizontal plane, such as might be generated from a searchlight or spotlight. W 1 11 �M- 1 1' 1 i M M V'01:11:11M�� 11151, Jill 11111 1 �11111 glillill I III 1 111 Exhibit I . 3) All wall fixtures, including wall packs, shall be cutoff fixtures. 4) Service connections for all freestanding fixtures shall be installed underground. The applicability of this provision may be reviewed on an individual basis for developments with structures totaling less than 4,000 square feet of floor area. 5) All light fixtures installed by public agencies, their agents, or contractors for the purpose of illuminating public streets shall use the current standards provided by the II ES or AASHTO for road lighting, and are otherwise exempt from these regulations. 6) No wood poles may be used for any freestanding fixtures. The applicability of this provision may be reviewed on an individual basis for developments with structures totaling less than 4,000 square feet ofgross floor area. 2. RM Zoning Districts `,��ffi 4) Service connections for all freestanding fixtures in non-single-family areas shall be installed underground. The applicability of this provision may b* reviewed on an individual basis. 5) All light fixtures installed by public agencies, their agents, or contractors for the purpose of illuminating public streets shall use the standard provided by the IES for road lighting, and are otherwise exempt from these regulations. 6) No wood poles may be used for any freestanding fixtures. The applicability • this provision may be reviewed • an individual basis. MW'M -MM. The provisions of Section D of these regulations do not apply to properties located within AG, RE, RS, RD, and RTH zoning districts. 1) Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be cutoff fixtures, or comply with subsection (3) below, and shall be subject to the requirements of Section D. 2) The mounting height of all parking lot lighting shall not exceed thirty (30) feet above finished grade. The applicability of this provision may be reviewed on an *dual basis. I s. 3) All non-cutoff fixture open-bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uplight. F. - Outdoor Sports Field/ Outdoor Performance Area Lighting The hours of operation for the lighting system for any game or event shall not exceed two hours after the end of the event. G. - Sign Lighting Lighting fixtures illuminating signs shall be aimed and shielded so that direct illumination is focused exclusively on the sign. The lighting of any signs must also comply with the Owasso Sign Ordinance. M =1 11 Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building faQade, plantings, and other intended site features and away from adjoining properties and the public street right-of-way. Ornamental and decorative accent lighting fixtures will be considered on an individual basis. RE�►. ,, The Community Development Director or his/her designee may require a photometric plan for the development, that shall contain, but not be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in this Code: Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). J. — Searchlights Searchlights shall require a separate permit. If granted, such permit shall not be valid for duration longer than 48 hours on a specific property, and such permit shall not be granted more than two times in one year. Searchlights shall not be permitted inside residential areas, K. - Nonconformities Any lights existing prior to the adoption of this ordinance are considered legal and non- conforming. Any new outside light fixtures placed upon properties within Owasso must meet the requirements of this ordinance. L. - Severability Violation of this ordinance shall be considered a Class "C" violation of the Owasso Cod* of Ordinances, provided for in Part I (General Provisions), Section I-108C. Unless after the date hereof a different penalty is provided, any person convicted of violating this ordinance shall be punished by a fine of not more than Two .Hundred Dollars ($200.00) excluding costs. SECTION 2. That all ordinances or parts • ordinances in conflict herewith be, and th�_ same are hereby expressly repealed. Sherry Bishop, City Clerk Susan Kimball, Mayor City Attorney 10® Should the City of Owasso set a shut-off time for outdoor lights in public parks? Yes No 11. Should the City of Owasso set as maximum fixture height for outdoor lights in public parks? Yes No 11 Should the City of Owasso require that all outdoor lamps and bulbs in public parks be shielded from all adjacent properties and rights-of-way? Yes No I Yes No 14® Should the City of Owasso offer incentives for developers to install decorative streetlights? Yes No 15. Should the City of Owasso require minimum foot-candle standards for residenti Yes No RM Broken Arrow, OK Raleigh, NC Brighton Township, MI Alpine, TX Albermarle County, VA Kennebunkport, ME Mesa, AZ Tempe, AZ Kingman, AZ Glendale, AZ Maricopa County, AZ Peoria, AZ Phoenix, AZ Scottsdale, AZ Average Broken Arrow, OK Raleigh, NC Brighton Township, MI Alpine, TX Albermarle County, VA Kennebunkport, ME Mesa, AZ Tempe, AZ Kingman, AZ Glendale, AZ Maricopa County, AZ Peoria, AZ Phoenix, AZ Scottsdale, AZ Max light at R.O.V. 3.0 footcandles 2.0 footcandles 1.0 footcandles 2.0 footcandles 0.5 footcandles No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard 17 footcandles Decorative allowances? No adopted standard Yes No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard Yes, downtown No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard Max light at residential 0.5 footcandles 0.5 footcandles 0.5 footcandles No adopted standard 0.5 footcandles No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard No adopted standard Enforcement flexibility No adopted standard By planning commission By planning commission By planning commission By planning commission Only at annual town mtg By building inspector By CD or PW director No adopted standard No adopted standard No adopted standard By Com Dev director No adopted standard No adopted standard Other code points Photometric plan required Service must be underground 100,000- lumens must have plan Flag poles exempt 23.5 feet PROPOSED OUTDOOR LIGHTING ORDINANCE F--,�'arkJr- kc-)t Hghfinq sill-iiali b(I'l-," by light ar,�,,d sr,.,aH to direct flrie HghtL,-.--,,.way frorri ifirlcts sedion -1 120.j.). Used to Devesop Ordinance t The ConunMeds chaMe -- o rez,:sew jnd recommend OUtdoor lightirig standards for the City of Owasso F Ordinance 2, arid discuis-�,,,,--, it exarn, s i h, t i i "I", I 0 S 0 examples Ini. &was. o ,L S S rkinig LigiIIIII-s 0 �tdoor sports lights Landscaipir-ig lig!",its R:,)odligrits ProcesslUsed to Develop Ordinance 3, Exannim.-,-,.-. Existing Lighiting Ordinances fro r-rt other Cities I Exarn,drie Othier s° 0 rd it i a (",; e s P lighil-j,'nig han 14 AM Was Pru,'-.ess Used to Develop Ord i 6 ific, C', Owas Co� ar-,�d inveritmy ' Itypes, a d sibuations of ) /G' ■ H pr(.-icesrs Used to Develop 11-^11-3'0 Ordinance 5. Meet with AEP-PSO representative about considerations for lightit-ig standards, uses, costs, and availa,bility Jsiad tro Devebp 6. I.Jst arW s- 11.1"ie wlh-�.ole rarige of issues ela"Ited to o�uitdoor lighting, ir�i pr A, f f; epwanut.)H RA proposed regulat.-,io'ns Related Ug 1',ifi r"Ig Parkirig Lot Lights Protlectio..r"t of residenfia� areas frorn corr"�mercial lights Protection of rig!-As-of-way froryl, cor ors ercial lighits Issues Related to OUtdoor Lighting Lighting for, sidewalk safety Maximum fixture heights Flood lights and wa Il packs Photometric plans Lighting 'In public parks I ISSU,ies Related to Ot"Adw L-qhbi Sin,ut-off fil-ries t. or I & g 1 - -! t i ni g ftor streetHghls P.rocess I.Jsed to Develop T Draft am-11" rev"I'se proposed oirdir,,,ance PLUrpose of 1"he Ordii-iance To provide the minimury"i lighting necessary to ensure adeQUate safety, night vision, and comfort" IN 5 F levels i as a�, :, 0 x �I£Sr u ca ,ise glare urito 4 ac'9r',ai by rigints P,oposed Standards for Nor",i- ,, ", 1k J ,,i st o z tJL a i> a' g 3 4 g s d i t 0 foot candles at property H,,­�,,e .residential properIies Non- residential Ou,d oo& Lighting Flood lights must be shielded or aimed down at least 45 degrees'From vertical I I V4 mr1fiE-11 OUltdoor 11-igh"'It", - All Wall fiXillres, irick.Wing wali packs, r, fiXtUres , Service coni-tectior"is be Uridergrot',ji-id - No wood DOles Propose-'-,d Star­,,.,d�,'irds for MUffi-FarnHy Outdoor'Ughfing MaArenum light level of 0.5 foot candies at property line between multi-family and single-family properties HN ML'IIfi-,F,,�xrnHy OUltdr),,,,Mr, Flood ligh!ts- 1"I"ILAIst b(--�� shielded or airried at i e a s It 5 d -11 g re e S f V c-a P, oposed Standards "Ibr All wall fixfi.. ,,-Sres, in §cludirig wall P&C-I'l."s, i-nwst be cutoff f ixtu res Service Cor,,,nections miust be Ljndergrour-�d No wood poles Proposed Standards for Mu Iti-, Family Outdoor Lightil-Ig Minimum light, level of 0,7 foot candies in parking lot im A �'r-ioposec-'I I-C,-A Llkj _j Parki,nq ir,11C. Hghfirg witl-� �j I ri-iore than 2,000 lurnens -hall be CL-t--Off iielded 1rd 30 ligi-Iting I I i g I' I Piropose(JI, Staridards foir U1 M Lhclun two hOUrs after the event Proposed Standards f(.,)f, Sign,, BLAIding, and Landscape Liglhfir�q - Lighting fixtures shall be select'ed, located, aimed, and shielded so that direct iftlrpi inn tion is fociused exclusively on the intended feature 114 11-,Ivoposed Srt,"'-�� Plari * F,')hotor Via' bric plaris rriust include a point-by-poini, footCandle array * Site plans i"nust lncliUid(�,., ftttffes, lau, ps, supports, reifle(.At.ors, poles, and raised f 0 Ulr-idi �,-it i o n s P posed S d a rds'-', Searchlights must N,', perr"riltted Penn,,",0f.s valid for 4081 1-10"Ar"z twice per year -iot allowed 01 Permits i residential areas Non con t(z) rn-i ifi, es * Any ligl-its existing prior to the adoption of the ordinance are-, considered legal and non-conform-ing * A' n' Y - new outSide lirght fixtures must conform to ordinance W C. 'JV OF OWASSO FNb OF TH ill i : l 1= TO: THE HONORABLE MAYOR AND COUNCIL CI'T'Y OF OWASSO FROM- MICHELE DEMPSTER HUMAN RE, SOURCE DIRECTOR °< SUBJECT: FRATERNAL ORDER OF' POLICE #149 (FOP) CONTRACT FISCAL YEAR 2005 -2006 DATE: April 13, 2005 BACKGROUND: Oklahoma Statutes require mandatory collective bargaining between municipalities and Police /Fire bargaining units. Owasso's Police Officers are represented by the Fraternal Order of Police (FOP) bodge ##1499 and Firefighters are represented by the International Association of Firefighters (IAFF), Local 92789. Currently, the City has a negotiated two year agreement with the IAFF that expires on June 30, 2006. However, the City's FOP contract is due to expire on June 30, 20059 thus, negotiations with the FOP were required prior to that date. GOALS- The City and FOP teams conducted pre - negotiation meetings as early as January and began actual negotiations in February. The City's negotiation goals were to focus on a restructuring of the wage and pay plan in a manner that would allow us to compete in the municipal marketplace for outstanding recruits. Additionally, it was hoped that such a restructuring would give the City a better opportunity to retain good officers who would remain a part of our law enforcement team after their initial five to seven years of training. A secondary goal was to negotiate a beginning point for 66performance based" pay so as to initiate what could well be a journey toward more reliance on a pay for performance model (such a model was achieved last year during firefighter negotiation). Finally, the achievement of a two year contract was also an established goal for the team. AGREEMENT: Negotiations are now complete and a tentative agreement has been reached between the two parties. used on our goals of becoming competitive, retamirsg our employees, gaining a p f^ cc base, pay initiative, and securing a two year contract it appears that this years er �rn.anv ��s� �� process was indeed a "win" for the City. However, it appears that the FOP is also considering the outcome as a positive one and a "win" for their membership. It can be said that the final results appear, in fact, to be a "win -win" agreement that meets the goals of both parties. COMPENSATION: This year's negotiations began with a review of a salary comparison of Tulsa, Broken Arrow, Norman, Edmond and Owasso. Even though these communities are larger than Owasso, it is believed that these are communities with whom Owasso should be compared. What was found was that Owasso's starting pay fell significantly below these four communities. However, as an officer's years of service increases the disparity between Owasso's pay and the comparison communities pay decreases. The sarne was found with the rank of Corporal and Sergeant. Even though the comparison communities paid more than Owasso the difference was not as significant as the difference at entry Level. Therefore it was staff's goal for the first year to focus oil entry level wages. In order to increase entry level wages a' a°` package was proposed that included the � y g p�P r p..p� following: A $2.21 increase in entry level pay. The significant increase in entry level is a result of two changes in the pay plan. First, the elimination of step 1, which is a non-Cleet certified officer. If the proposed contract is approved entry level will be the same for Cleet certified and non -fleet certified officers. Second, the proposal includes a 13.2% increase in the entry level step. The across the board increase for the remaining officer steps range from 11.9% at one year of service to 2% at twenty -five years of service. Outside of entry level, the largest increases will be seen by officers between one and five years of service. Applying a varying across the board increase resulted in the difference between steps being reduced to 3.9% instead of 5 %. ® Corporal pay increased from 2% to 9.6 %, with the highest increases occurring at the lower end of the pay range. ® Sergeants and lieutenants received a 2% across the board increase. ® The overall cost increase of the first year compensation package is $123,478 representing an 8.5% increase over current appropriations. The second year of the contract focuses on re- establishing the 15% difference between Sergeant pay and Corporal pay. This resulted in an increase from 2% to 9.6% for Sergeants with a reduction of the percentage between Sergeant steps from 5% to 3.9 %. The Lieutenant range is 5% above Sergeants with an increase from 1.5% to 6.8 %. The Lieutenant steps also reduced from 5% between steps to 3.9 %. The second year of the proposed contract includes a 2% across the board increase for Officers and Corporals. In addition to the increases in the pay plan, the second year of the proposed contract includes eliminating step increases at years 15, 20 and 25 and replacing them with step increases at years 13, 16, and 20. This resulted in passing Broken Arrow's current pay in all four ranges; officer, corporal, sergeant, and lieutenant. The overall cost increase of the second year compensation package is $82,506 representing a 5.2% increase over the first year. The proposed contract also includes language allowing the Police Chief to bring an experienced officer in at a step higher than entry level. This provision will allow the City of Owasso Police Department to competitively recruit experienced officers at a rate other than entry level. This will increase the chances of quality officers from other communities making the decision to become a part of the Owasso law enforcement team. PERFORMANCED BASED PAS' COMPONENTa In an effort to implement performance based pay within the police department a memorandum of agreement is proposed by the City and the Lodge providing for performance based pay. Officers will be eligible to receive a one -time performance pay of 1% or 2% of their base pay based upon their annual evaluation. This is a long awaited opportunity that could have a very positive impact on fixture labor negotiations. The Lodge should be commended for providing their members with an opportunity to earn additional pay based on performance. TERM OF CONTRACT. The proposed agreement is for a two-year period. The first year of the contract is effective July 1, 2005 through June 30, 2006. The second year of the contract, which would require ratification and Council approval prior to June 30, 2006, is effective July 1, 2006 through June 30, 2007. FUNDING. If the agreement is approved, funding for the contract will be required in FY 2005 -06 and FY 2006 -07. The increased cost to fund the contract for FY 2005 -06 over FY 2004 -05 is $123,478. The increased cost to fund the contract for FY 2006 -07 over FY 2005 -06 is $82,506. RE, COMMENDATION- Staff recommends approval of the fiscal year 2005 -2006 contract with the Fraternal Order of Police Lodge #149. ATTACHMENTS 1. Proposed Contract (distributed with the April 5, Council packet) 2. Salary Comparisons 3. Fiscal Year 2005 -2006 Cost Analysis 4. Fiscal Year 2006 -2007 Cost Analysis Tulsa, Broken Arrow, Norman, Edmond, Owasso Cornpadson (comparison of 2004 -2005 contracts) Entry Level Officer Certified Five Year Officer Tulsa 34,462 0 1,800 675 0 0 difference 0 36,937 Broken Arrow 32,404 0 1,500 600 Holiday Pay in 0 Year One 1201 34,624 Norman 33,838 0 City Contribution Lieu of Time 1,500 0 8.03% Maximum Clothing & Clothing Towards Off (not 0 1,500 0 Education Equipment Cleaning & Employees 8% included in total Total Base Salary Longevity Pay Allowance Maintenance Contribution compensation) Other Compensation Tulsa 34,462 0 1,800 675 0 0 difference 0 36,937 Broken Arrow 32,404 0 1,500 600 0 0 Year One 1201 34,624 Norman 33,838 0 2,016 0 1,500 0 8.03% i 0 37,354€ Edmond 31,666 0 2,580 0 1,500 0 ; 0 35,746 Owasso 26,209 0 1,500 650 0 1,108 1,132 0 29,4681 i Proposal Year One 31,122 0 1,500 650 0 1,3051 1,344 i i 0 34,577; Proposal Year Two 31,744 0 1,500 650 0 1,330 1,371 0 35,224 Tulsa 43,983 576 1,800 625 0 E 0 difference 0 46,984 Broken Arrow 38,898 500 1,500 600 0 0 Year One i 120 41,618 Norman 42,816 481 2,016 0 1,500 0 8.03% i 0 46,813 Edmond 44,074 500 2,580 0 1,500 0 0 48,654 Owasso 35,146 556 1,500 650 0 1,488 1,518 0 39,339 Proposal Year One 37,702 556 1,500 6501 0 1,590 1,628 0 41,998 Proposal Year 0 42,784, Two 38,458 556 1,500 650 0 1,621 1,661 19.43% 11.87% % of of % of difference difference difference from from from Owasso Owasso Owasso Proposai Proposal Current Year One Year Two 25.35% 6.83% 4.86% 17.50% 0.14% -1.70% 26.76% 8.03% 6.05% 21,31% 3.38% 1.48% 19.43% 11.87% 9.82% 5.79% -0.91 % -2.73% 19.00% 11.46% 9.42% 23.68% 15.85% 13.72% Tulsa, Broken Arrow, Norman, Edmond, Owasso Compads ®n (comparison of 2004 -2005 contracts) Twenty -Five Year Officer Twenty- Year Officer Tulsa 53,462 2,880 1,800 625 0 0 0 58,767 i 0 58,767, Broken Arrow 47,717 2,000 1,500 600 Holiday Pay in 0 Norman 120 51,9371 Norman 50,089 2,405 City Contribution Lieu of Time 1,500 01 �_ Maximum Clothing & Clothing Towards Off (not ? 1,500 0 Education Equipment Cleaning & Employees 8% included in total Total Base Salary Longevity Pay Allowance Maintenance Contribution compensation) Other Compensation Tulsa 53,462 2,880 1,800 625 0 0 0 58,767 i 0 58,767, Broken Arrow 47,717 2,000 1,500 600 0 0 Norman 120 51,9371 Norman 50,089 2,405 2,016 0 1,500 01 �_ 0 56,010 Edmond 50,877 2,000 2,580 0 1,500 0 4,446 0 56,957 Owasso 44,771 5,558 1,500 650 0 2,073 1,933 E 01 54,552 Proposal Year One 45,660 5,558 1,500 650 0 2,109 1,9721 0 55,477 Proposal Year Two 46,572 5,558 1,500 650 0 2,145 2,011 0 56,425 Tulsa 53,462 2,880 1,800 625 0 0 0 58,767 Broken Arrow 47,717 2,000 1,500 600 0 01 120 51,937 Norman 50,089 1,924 2,016 0 1,500 0 0. 55,529 Edmond 50,877 2,000 2,580 0 1,500 0 d 56,957 Owasso 44,771 4,446 1,500 650 0 I 2,029 1,933 € 0 53,396 Proposal Year One 45,660 4,446 1,500 650 0 2,064 1,972 0 54,321 Proposal Year Two 46,572 4,446 ",500 6501 0 2,101 2,011 0 55,269 10.06% 8.19% % of % of % of difference difference difference from from from Owasso Owasso Owasso Proposat Proposal Current Year One Year Two 7.73% 5.93% 4.15% -4.79% -6.38% -7.95% 2.67/0 0.96% -0.73% 4,411% 2.67/0 0.94% 10.06% 8.19% 6.33% -2.73% - 4.39% - 6.03% 3.99% 2.22% 0.47/0 6.67/0 4.85% 3.05% Tulsa, Broken Arrow, Norman, Edmond, Owasso Compadson (comparison of 2004 -2005 contracts) Maximum Corporal Pay (based on 25 years of service for longevity) Maximum Corporal Pay (based on 20 years of service for longevity) Tulsa 57,739 2,880 1,800 625 6 0 0 63,044 Broken Arrow 52,129 2,000 Holiday Pay in 600 0 0 120 56,349 Norman City Contribution Lieu of Time Off N/A N/A Maximum Clothing & Clothing Towards (not included in p Base N/A Education Equipment Cleaning & Employees 8% total Total I Salary Longevity. Pay Allowance Maintenance Contribution compensation) Other Compensation Tulsa 57,739 2,880 1,800 625 0 0 0 63,044 Broken Arrow 52,129 2,000 1,500 600 0 0 120 56,349 Norman N/A N/A N/A N/A N/A N/A N/A N/A Edmond N/A N/A N/A N/A N/A N/A N/A N/A Owasso 47,039 5,558 1,500 650 0 2,1641 2,031 Q 56,910, Proposal Year One 48,017 5,558 1,500 650 0 2,203 2,074 0 57,927 Proposal Year Two 48,973 5,558 1,500 650 01 2,241 2,115 0 58,91211 Tulsa 57,739 2,880 1,800 625 0 0 0 63,044 Broken Arrow 52,129 2,000 1,500 600 0 I 0 1208 56,3491 Norman N/A N/A N/A N/A N/A N/A N/A N/A Edmond N/A N/A N/A N/A N/A N/AI N/A N/A Owasso 47,039 4,446 1,500 650 0 2,119 2,031 0 55,754 Proposal Year One 48,017 4,446 1,500 650 0 2,159 2,074 01 56,771 j Proposal Year Two 48,973 4,446 1,500 650 0 { 2,197 2,115 0 57,765] 1108% 11.05% % of 1.07% % of difference of difference from difference from Owasso Owasso from Proposal Proposal Owasso Year One Year Two 10.78% 8.83% 7.00% - 0.99% -2.72% -4.37% N/A N /P, N/A N/A N/A N/A 1108% 11.05% 9.14% 1.07% -0.74% - 2.45% N/A N/A N/A N/A N/A N/A Tu9sa, Broken Arrow, Norman, Edmond, Owasso Comparison (comparison of 2004 -2005 contracts) Maximum Sergeant Pay (based on 25 years of service for longevity) Maximum Sergeant Pay (based on 20 years of service for longevity) Tulsa 62,274 2,880 1,800 625 0 0 from 0 67,579 Tulsa 62,274 2,880 1,800 Holiday Pay in 0 0 Year Two 0 67,579 Norman City Contribution Lieu of Time Off 2,016 0 1,500 Maximum Clothing & Clothing Towards (not included in 58,284 Base 1,500 Education Equipment Cleaning & Employees 8% totai Total Salary Longevity Pay Allowance Maintenance Contribution compensation) Other Compensation Tulsa 62,274 2,880 1,800 625 0 0 from 0 67,579 Tulsa 62,274 2,880 1,800 625 0 0 Year Two 0 67,579 Norman 60,943 1,924 2,016 0 1,500 0 3,92% 0 66,383 Broken Arrow 58,284 2,000 1,500 600 0 0 120 62,504 Norman 60,943 2,405 2,016 0 1,500 0( 2,3511 0 66,864 Edmond 61,062 2,000 2,580 0 1,500 0 2,398 0 67,142( Owasso 54,441 5,558 1,500 650 0 2,460 i 2,351 0 64,609 Proposal Year One 55,531 5,558 1,500 650 0 2,504 2,398 0 65,742 Proposal Year Two 1 56,309 5,558 1,500 650 0 2,535 2,432 0 66,551 Tulsa 62,274 2,880 1,800 625 0 0 from 0 67,579 Broken Arrow 58,284 2,000 1,500 600 0 0 Year Two f , 120 62,504 Norman 60,943 1,924 2,016 0 1,500 0 3,92% 0 66,383 Edmond 61,062 2,000 2,580 0 1,500 0 0 67,142 Owasso 54,441 4,446 1,500 650 0 2,415 2,3511 0 63,453 Proposal Year One 55,531 4,446 1,500 650 0 2,459 2,398 0 64,5861 Proposal Year Two 56,309 4,446 1,500 650 0 2,490 2,432 01 ,395: 6.50% % of % of -1.50% difference difference % of from from difference Owasso Owasso from Proposal Proposai Owasso Year One Year Two 4.60% 2.80% 1.55% -3.26% -4.92% -6.08% 3.49% 1.71% 0.47% 3,92% 2.13% 0.89% 6.50% 4.64% 3.34% -1.50% -122% - 4.42% 4.62% 2.78% 1.51% 5.81% 3.96% 2.67% Sergeants: S G Hourly Hourly Cash Holiday Cash Tota| Increase Date T Hourly Lnngev. T Rate Longev. Wages Allow. for Pay Uniform City Paid Pay ]Or over of E Rote @ @ E @ @ for Fiscal Education 86 Allowance Pension Fiscal 2004-2005 Name Hire P 7/1/2005 07/01/05 P Anniv. Anniv. Year Pay Hours $650.00 4,00% Year (Current) 50990.90 900.08 2205.12 550.08 2075.88 56027.96 1252.12 225% Cox, Burl 0901/92 10 21.57 120 10 DeAnnond'R 07/1505 15 2379 1.90 20 24.98 2.00 5880625 900.00 2590.08 650.08 2430.65 80430.97 4132.12 6.63% Sergeants: K|ahr 04/13/82 20 2379 2.30 20 23.70 2/0 55045.71 900.00 2514.24 1200,00 2357.83 0501777 4045.31 6.63% Brock 05/23/88 15 22.65 170 15 22.65 1.00 5415326 900.00 234720 650.00 2202.15 00252.59 130020 221% Driver 1016/91 10 21.57 1.30 10 21.57 140 50990.90 900.08 2205.12 550.08 2075.88 56027.96 1252.12 225% Cox, Burl 0901/92 10 21.57 120 10 21.57 1.30 50002.15 900.08 2195.52 850.00 2068.09 5601575 1252.12 220% Denton.@ 02/20/94 10 21.57 1.18 10 21.57 120 50409.82 600.00 2185.82 050.00 2042.80 55948.03 1252.12 229% Corporals: Yount 12/20/84 20 20J8 2.00 20 2078 2.10 50758.53 900.08 2196.48 650.00 2056.14 56566.15 4069.30 7.75% Jonex.D 03/29/92 10 19.24 1.30 10 1024 140 4571722 1200.00 1981.44 050.00 1876.69 5142535 255240 522% Harper 0701/97 7 18.52 0J0 7 10.52 0.80 42948.36 0.00 185472 850.00 1717.93 47171.01 2937.66 6.64% Jonon.S 07/27/97 7 1852 070 7 10.52 0.80 42932.40 1200.80 1854J2 650.00 1705.30 48402.50 2937.60 640'& Officers: Edwards 02/25/84 20 1877 2.10 20 19.77 220 45093.35 800.00 2109.12 050.00 197173 54024.20 3852.07 7M% Cunningham 09/23/90 10 10.31 1.40 15 19.03 1.58 45217.53 900.00 1970.80 650.00 104470 5058311 3781.57 0.08% Mozingo 0012/91 10 10.31 1.30 10 18.31 140 43799.88 504.80 1892.10 1200.00 177415 49218.99 2432.00 5.20% Cleveland 0908/91 10 18.31 1.30 10 18.31 140 4377319 900.80 1892.16 050.00 1780.93 4900228 248230 5.22% Parsley 1103/91 10 10.31 1.30 10 10.31 140 43730.89 158000 189218 1200.00 1809.50 5014071 2432l0 5]0% DeAnnnnd.S 12/01194 10 18.31 1.00 10 18.31 110 43054.99 432.00 1003.30 120000 1739.40 48209.83 3238.57 719% Pales 01/29/95 10 10.31 1.00 10 18.31 110 43010.90 0l0 1803.30 650l0 172076 47253.08 3549.60 812% Townsend 12/1000 7 17.62 0.00 7 17.62 0.90 41865.53 1200I0 1777.92 650.00 1080.62 40384.07 276811 0.35% Davin 0701/80 5 10.90 0.80 7 17.02 0J0 40725.86 0.00 1758.72 050.00 1029.01 44703.09 459913 11.45.& Barnes 07/20/98 5 10.96 0.60 7 17.62 0.70 4063717 E00.00 1758.72 650.00 1661.49 45607.38 4549.65 11.08% Latta 02/22/99 5 16.30 0.00 7 17.02 0.70 39029.88 408.00 1758.72 650.08 1003.92 44110.02 5804.56 9.93Y6 Boatman 11/01/99 5 10.00 025 5 10.08 8.00 38772.07 492.00 188570 650.00 1570.68 43171.33 412749 10.57% Smith 05/0800 5 16.95 025 5 10.96 0.00 38352.12 900.08 1585T0 050.00 1570.08 43157.97 4895.02 12.80Y6 Jobe 07/31/00 4 16.32 5 16.98 025 3809477 1200.00 1652]0 050.80 1571.79 45168.72 5170.82 13.61% Funk 07/31/00 4 16.32 5 10.96 025 3809477 1200.00 165216 050.00 157170 4316872 5170.02 13.01% Hihbeu 00/02/02 2 15.12 3 1571 34808.03 980.00 1508.10 650.80 1428.32 39294.51 4994.56 14.56% 0tch 0802/02 2 15.12 3 1571 34808.03 1200.00 1508.16 650.00 1440.32 3960031 4994.56 14.43% Pitt 080202 2 15.12 2 15.71 34808.03 008.00 1508.16 050.00 1428.32 39294.51 4994.56 14.56.& VVoUs 000202 2 1512 3 1571 34808.83 1200.00 150&10 050.00 1440.32 39600.51 4994.56 14.43,& Rose 101702 2 15.12 3 1571 34534.18 900.00 1508.10 650.00 1417.37 3900971 5010.69 1470% Landers 03/21/03 2 15.12 J 1571 33975.08 900.00 1508.10 650.00 1395.03 35425.87 5007.92 15.19% Woodruff 11/2804 EC 14.00 1 14.55 51840.81 1200.00 138880 050D0 1321.63 3640924 472527 14.81.& Muhi 01/1005 NC 14.00 1 14.55 31090.30 800.00 1890.80 650.00 1281.55 85535.03 5971.00 20.13% TOTAL 595.40 26.70 605.22 30.00 $ 1,404,624.35 27,456.00 60,981.12 23,650.00 57,283.21 $ 1,573,994.69 123,478.33 Name Date of Hire G T E P Hourly Rate@ 7/1/2006 Longev. @ 07/01/05 8 T E P Hourly Rate @ Anniv. Longev. @ Anniv. Hourly Wages for Fiscal Year Cash Allow. for Education Pay Holiday Pay 96 Hours Cash Uniform Allowance $650.00 City Paid Pension 4.00% Total Pay for Fiscal Year Increase over 2005-2000 (YEAR E 571% Cunninqham 09/23/90 13 19/41 1.50 10 2017 1.80 47953,53 800.00 2009.82 050.00 195414 53547.59 2804.40 5.08% DeAnnond.R 07/15/85 20 28.60 2.00 20 2080 2.10 63791.55 800.00 275520 050D0 2587.68 70084.41 424744 0.39% Sergeants: 090091 13 19/41 140 13 19.41 1.50 4844079 900.00 2007.30 550.00 1893.53 5109178 2009.50 5.90% K|ahr 04V13/82 20 25.33 240 20 25.33 2.50 61091.43 900.00 2671.68 1200M 2503.66 68800.70 3940.98 6.07% Brock 05/23/80 16 24.37 1.80 16 24.37 1.00 58199.12 900.00 2521.92 050.08 2303.98 64635.00 430241 727% Driver 10/16/01 18 23.45 140 13 2345 1.50 55398.50 900.00 2395.20 050.00 2251.94 01595.64 4707.08 0.39% Cox, Burl 0801/92 13 23.45 1.30 10 23.45 1.40 55203.09 000.00 2805.80 650.00 2244.15 61383.43 4707.00 8.42% Denuzn.M 02/20/94 10 22�57 1.20 13 2345 1.30 53570.58 000.00 2376.00 050.00 2160.84 59363.72 3415.08 0.10% Corporals: 07/20/90 7 17.97 070 7 17.07 0.80 4171411 900.00 1001.92 650.00 1704.56 46770.55 116321 2.55% Yount 12/26f84 20 22.03 2.10 20 22.03 220 53754,50 800.80 2326.08 650.00 2186.10 50816.85 3250.69 575% Jones.D 03/28/82 13 2040 140 18 2040 1.50 4851820 1200.00 2102.48 650.00 1908.73 54459.32 3033.98 5.90% Harper 07/01/97 7 18.89 0.80 7 18.09 8.90 43993.17 0.08 1098.84 550.00 175973 4830274 113172 240% Jones.S 07/27/97 T 18.89 0.00 7 15.09 0.90 43977.28 1280.80 1899.84 658.00 1807.09 4953422 113172 2.34% Officers Edwards 02/25/84 20 20.95 2.20 20 20.95 2.30 5153079 000l0 2232.00 050l0 2085.55 57106.34 300214 571% Cunninqham 09/23/90 13 19/41 1.50 10 2017 1.80 47953,53 800.00 2009.82 050.00 195414 53547.59 2804.40 5.08% Mozingn 0012/91 13 18.41 1.40 13 19.41 1.50 46457.28 504.00 2007.30 1200.00 188M5 52109.49 2889.50 5.07% Cleveland 090091 13 19/41 140 13 19.41 1.50 4844079 900.00 2007.30 550.00 1893.53 5109178 2009.50 5.90% Parsley 1103/01 13 1941 1.40 13 19/41 1.50 48400.59 1500.00 2007.36 1200.00 1910.26 53030.21 2803.50 578% DeAnnond.S 1201/94 10 10.68 110 10 18.68 120 44099.00 432.00 1900.48 1200.00 178127' 49421.55 1131.72 2.34% Pales 01/20/95 10 18.60 1.10 10 18.08 120 44003.77 0.00 1908.48 650.00 1782.55 40304.80 113172 2.40% Townsend 12/18/96 7 17.97 0.90 10 18.60 1l0 42902.74 1200.00 188920 650.00 1704.11 45406.13 2022.06 4.86% Davis 0701/90 7 17.87 0J0 7 17.97 0f0 4172571 0.00 1801.92 550.00 1559.03 4584&66 1088.56 2.42% Barnes 07/20/90 7 17.97 070 7 17.07 0.80 4171411 900.00 1001.92 650.00 1704.56 46770.55 116321 2.55% Latta 02/2209 7 17.97 070 7 17.97 0.80 41581.58 408.00 1801.92 050.00 1681.98 4618348 2072.86 4.70% Boatman 11/01/09 5 17.30 0.00 7 17.97 0.00 40777.82 492.80 178272 050.00 165070 4535333 2102.01 5.05% Smith 050800 5 17,30 0.00 7 17.97 0.00 40008.56 900.00 178272 550.80 1030.34 44977.03 1019.66 422% Jobe 078100 5 17.30 025 5 17.30 0.60 39727.58 1200.00 1710.40 850.00 1637.10 44933.05 1704.30 4.89% Funk 07/3100 5 17.30 025 5 17.30 0.00 39727.50 1200.00 171840 650.00 1657.10 44933.00 1764.56 4.08% mbUert 0802/02 3 16.02 4 10.05 30009.83 900.00 1598.40 650.00 1511.59 41549.82 2255.31 5.74% Kitoh 08/0202 3 16.02 4 16.05 36888.83 1208.00 159040 050.00 1523.59 41861.82 2255.31 5.88% Pitt 08/0202 3 10.02 4 16.05 38889.83 800.00 1598.40 650.00 1511.59 41549.82 2255.31 5.74% VVe||n 000202 3 10.02 4 16.85 30089.53 1200.00 1598.40 658.00 1523.59 41061.82 2255.31 5.09% Rose 10/1702 3 10.02 4 16.05 30597.42 900.00 159840 650.00 1499.90 4124572 2236.01 5.73% Landers 03/2103 3 10.02 4 10.65 30001.05 900.08 1598.40 050.00 1476.04 40625�50 2190.83 572% Woodruff 11/28/04 1 14.84 2 15.42 33747.84 1200.00 1400.32 050.00 1397.89 38475.55 2000.31 5.60% Muhi 01/10/05 1 14.84 2 15.42 33595.03 600.00 1480.32 650.00 1307.8O 37093.15 205012 570% TOTAL 628.81 30.00 637.44 32.80 $ 1,480,724.79 27,456.00 64,343.04 23,650.00 60,327.23 $ 1,656,501.06 82,506.37 121 ! s J ,�� t \ p) (' r3 TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OASSO THE HONORABLE CHAIR AND TRUSTEES O LASSO PUBLIC GOLF AUTHORITY FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT, REVENUE AN'T'ICIPATION NO'T'E FOR THE OPGA PURCHASE OF GOLF CARTS DATE; April 15, 2005 BACKGROUND: Several months ago, following discussions at a Council work session, city personnel initiated the process of developing bid specifications to allow for the purchase of a new fleet of golf carts by the Owasso Public Golf Authority. The actual details regarding the bid specifications and recommendation regarding the type of golf cart are included in another memorandum within this packet. Also discussed at that work session was the likelihood of staff developing a Revenue Anticipation Note between the City and the OPGA in order to fund the purchase of the golf carts. A Revenue Anticipation Note (RAN) is a debt secured by a future revenue source. In this case, the revenue anticipated to pay the note would be revenues from the Bailey Ranch Golf Club. The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement, and investment of funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities. One investment option available to the City is a RAN issued by a trust authority of the city. A RAN offers advantages for both the Authority and the City. The Authority can borrow funds through a fairly simple process at a low interest rate and the City can acquire a secure investment. In this case, the RAN proposed by staff would allow the OPGA to pay for the golf carts in the amount specified in the bid documents ($234,328). The RAN will pay 2% interest to the city on the balance of funds remaining after semi - annual payments are made by the OPGA. The term of the RAN would be five years. In order to provide for a formal RAN, City Resolution No. 2005 -06 authorizes the city treasurer to invest $234,328 in a RAN issued by the OPGA, approves the indebtedness of the OPGA and authorizes the execution of all documents. OPGA Resolution No. 2005 -01 authorizes the issuance of a RAN in the amount of $234,328, approves the Loan Agreement and the Note and authorizes the execution of all documents. RECOMMENDAI'ION Staff recommends Council approval of Resolution No. 2005-06 authorizing the investment in a RAN of the OPGA and approving indebtedness of the OPGA. Staff recommends OPGA Trustee approval of Resolution No. 2005 -01 authorizing the issuance of a RAN' and approving the Loan Agi'ecment and the Note. ATTACHMENTS- 1. City Resolution No. 2005 -06 2. OPGA Resolution No. 2005 -01 3. Loan Agreement between the OPGA and the City of Owasso 4. Revenue Anticipation Note of the OPGA WHERE AS, the City Council of the City of Owasso, Oklahoma, finds that the City presently maintains funds that have reserves which have reached a level that would allow for investments of a significant nature and for long term investments that might produce a higher yield; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that investment opportunities are problematical due to the low level of interest rates presently existing in the market as well as legal restrictions placed upon the placement of public funds in the market; WHEREAS, the City Council of the City of Owasso, Oklahoma, has detennined that the Owasso Public Golf Authority, an Oklahoma Public Trust, having the City of Owasso, Oklahoma, as its beneficiary, has a present need to raise additional funds for purchase of golf carts; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that a present need in the amount not to exceed Two Hundred Thirty -Four Thousand, Three Hundred Twenty - Eight Dollars ($234,328) exists on the part of the Owasso Public Golf Authority, and that the Owasso Public Golf Authority, is desirous of obtaining such funding from the City of Owasso, Oklahoma; and, WHEREAS, under the public finance provisions of the statutes of the Mate of Oklahoma, relating to municipal investment of funds, 68 O.S. Section 348.1 /Authorized Investments /Disposition of Income, the City Treasurer of the City, when authorized by the City Council by written investment policy, ordinance or resolution, is authorized to invest monies in the custody of the City Treasurer in Revenue Anticipation Notes issued by a public trust for which such City is a beneficiary thereof; NOW, THEREFORE, BE I'T , SOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO.-WIT, SECTION ONE. The City Treasurer of the City of Owasso, Oklahoma, is hereby authorized to invest certain unappropriated and unencumbered monies of the City of Owasso, Oklahoma, surplus to the present needs of said City, in the custody of the City Treasurer of the City of Owasso, Oklahoma, in a Revenue Anticipation note to be issued by the Owasso Public Golf Authority, an Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, in an amount not to exceed Two Hundred Thirty-Four Thousand, Three Hundred Twenty -Eight Dollars ($234,328). The City Council of the City of Owasso, Oklahoma, hereby approves the OPGA indebtedness as represented by the proposed Agreement and Revenue Anticipation Note to be issued by the Owasso Public Golf Authority, a copy thereof being attached hereto, made a part hereof and marked as Exhibit "A " SEC"T"ION 'T'WO. The mayor, or Vice -Mayor as the case may be, the City Clerk or the Deputy City Clerk as the case may be, and the City Treasurer or Deputy Treasurer as the case may be, of the City of Owasso, be and they hereby are, authorized and empowered for and on behalf of the City of Owasso, Oklahoma, to execute, deliver and receive the Agreement and Revenue Anticipation dote of the Owasso Public Golf Authority exhibited hereto and such further agreements and documents and to take such actions as such officer or officers may deem necessary or desirable in order to carry out and perform the investment and to effect the purposes thereof and to consummate the transaction contemplated thereby. SEC'T'ION THREE. That in accordance with public finance provisions of the Statutes of the State of Oklahoma relating to municipal investment of funds, 68 O.S. Section 348.1(5), the income received by the City of Owasso from the investment herein contemplated shall be placed, on a pro rata basis as hereinafter set forth, in the Contributing Funds within the City of Owasso, Oklahoma Consolidated Cash Account. Such pro rata distribution of income shall be made on the percentage basis that the Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, bears to the Contributing Funds within the Consolidated Cash Account of the City of Owasso, Oklahoma. Any Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, subsequently closed by the City Council of the City of Owasso, Oklahoma, shall receive no further pro rata distributions of income. PASSED AND APPROVED this day of April, 2005. By: Sherry Bishop, City Cleric City Attorney Susan Kimball, Mayor I,1 [ R WHEREAS, the Owasso Public Golf Authority was created by a Declaration of Trust, dated as of August 8"' 1989, (collectively the "Trust Indenture ") for the use and benefit of the City of Owasso, Oklahoma (the "City ") under authority of and pursuant to the provisions of Title 60 O.S. 1981, Section 176 to 180.3 inclusive as amended and supplemented and other applicable statutes of the State of Oklahoma; and, WHEREAS, the Authority has determined that it would be most advantageous at this time for the Authority to provide funds for the purchase of golf carts for use at the Dailey Ranch Golf Club; and WHE AS, there has been presented to this meeting a form of Agreement and Revenue Anticipation Note, dated as of the lst day of lay, 2005, by and between the Authority and the City of Owasso, Oklahoma (the "Note "). NOW, THEREFORE, BE IT RE, SOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC GOLF AUTHORITY THAT, TO-WIT- SECTION ONE. The Agreement and form of the Note presented to this meeting be, and hereby is, approved, and the Chairman or Mice- Chairman of the Trustees and the Secretary or any Assistant Secretary of Trustees of the Authority be, and hereby are, authorized, directed, and empowered to execute and deliver in the name of the Authority, the Agreement and the Note in said form and containing the terms and provisions contained in said Note, the execution thereof by such officers being conclusive evidence of such approval, and to execute and deliver in the name of and on behalf of the Authority all documents, closing papers, certificates and such other documents as are necessary to accomplish the issuance of the Revenue Anticipation Note. SECTION TWO. The signatures of the officers of the Authority appearing on the Agreement and the Note and other documents and agreements, closing papers and certificates executed and delivered pursuant to this resolution shall be conclusive evidence of their approval thereof and of their authority to execute and deliver such agreements and documents on behalf of the Authority. SECTI ®N THREE. The Chainnan or Vice - Chairman of the Trustees and the Secretary or any Assistant Secretary of the Trustees of the Authority be, and they hereby are, authorized and empowered for and on behalf of the Authority to execute and deliver such further agreements and documents and to take such action as such officer or officers may deem necessary or desirable in order to carry out and perform the Mote and any contracts, documents, or instruments executed and delivered in connection with the issuance of the Note, and to effect the purposes thereof and to consummate the transactions contemplated thereby. PASSED AND APPROVED this 19"' day of April, 2005. ®MASS® PUBLIC GOLF AUTHORITY By: Sherry Bishop, Secretary Authority Attorney Susan Kimball, Chairman THIS LOAN AGREEMENT (the "Agreement ") made and entered into as of the ls` day of May, 2005, is by and between the Owasso Public Golf Authority, an Oklahoma public trust, (the "Authority "), and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the City has determined to make a loan to the Authority, aggregating $234,328.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount not to exceed $234,328.00 (the `Note ") to enable the Authority, pursuant to certain of its approvals, to purchase golf carts; and WHEREAS, pursuant to the terms and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note; and WHEREAS, the payment of the Note is to be made from the general revenues of the Authority, receipts and receivables, under the conditions as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I if 1.1 The City's Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make the loan to the Authority in the amount of $234,328.00. 1.2 Issuance of the Authority Note. Subject to the terms and conditions hereof and in reliance on the representations and covenants made herein, the Authority agrees to issue the Note to the City. The loan shall be repaid with interest in accordance with the terms of the Note. The Note shall be delivered to the City at a closing (the "Closing ") which will occur at such time and place as may be agreed on by the Authority and the City. Upon the issuance and delivery of the Note, and the satisfaction of all the conditions precedent of this Agreement, the City shall advance the proceeds of the loan to the Authority to defease the Revenue Bonds. 1.3 Terms of the Note. The Note shall be in substantially the form set forth in Exhibit A attached hereto. Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. 1.4 Payments, etc. Payment of principal and interest on the Note and other charges under this Agreement to be made to the City shall be made in lawful money of the United States of America, and shall be made at City's principal office in Owasso, Oklahoma, not later than 11:00 o'clock a.m. on the date due. If any such payment falls on a Saturday, Sunday or public holiday at the place of payment thereof, then such due date shall be extended on the next succeeding full business day at such place and interest shall be payable in respect of such extension. 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) A duly certified copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, and related instruments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of this Agreement, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Defeasance as the City may reasonably require; and (f) Such other and further materials and /or infom-iation as the City may reasonably request. r `w 1 - 3.1 Special Obligation. The Note shall constitute a limited and special obligation of the Authority. The principal of and interest on the Note shall be payable by the Authority solely from, and shall be enforceable only out of the revenues of the Authority being hereby pledged by the Authority to such payment. The Note and all other obligations of the Authority hereunder shall not be construed or considered to be an indebtedness of the City of Owasso, Oklahoma, or any municipality, county or political subdivision of the State of Oklahoma within the meaning of any constitutional or statutory provision of the State of Oklahoma, under any circumstances. 3.2 Satisfaction of Debt. Notwithstanding anything to the contrary contained herein or in the Note, or in any instrument or document executed by or on behalf of the Authority in connection herewith, no stipulation, covenant, agreement or obligation contained herein or therein shall be deemed or construed to be a stipulation, covenant, agreement or obligation of any present or future member, trustee, officer, employee or agent or any successor to the Authority, in any such person's individual capacity, and no such person, in his individual capacity, shall be liable personally for any breach or non - observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements, or interest on the Note or for any claim based thereon or on any such stipulation, covenant, agreement or obligation, against such person, in his individual capacity, either directly or through the Authority or any successor to the Authority, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such person, in his individual capacity is hereby expressly waived and released. The Authority and the City expressly recognize and agree that this Agreement, the Note and any documentation issued, executed and delivered therewith, are subordinate and junior to all Revenue Bond obligations or Promissory Notes of the Authority currently outstanding or to be issued in the future. W ARTICLE IV The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4.1 Performance of A rcements. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements on its part to be performed and observed under this Agreement and the Note and in order to provide for and to assure payment of the principal of the Note and 'interest thereon when due. 4.2 Creation of Charges on Revenues. Left blank intentionally. 4.3 Amendment. The Authority shall not alter, amend or repeal the resolutions described in Section 2.1(a) hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2.1(b) and 2.1(c) hereof, or take any action impairing any authority, right or benefit given or conferred by such resolution or instruments. 4.4 Payment. The Authority shall pay or cause to be paid the principal of and the interest on the Note as the same becomes due, whether by acceleration or otherwise, but solely from the sources referred to in Article III hereof. 4.5 Representations and Warranties of Authority. The Authority represents and warrants to the City as follows: (a) The Authority is an Oklahoma public trust duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, and the other documents contemplated hereby. (c) The execution and delivery of this Agreement and, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to the City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. (f) The Authority shall deliver to the City, within one week after they are prepared, copies of the Authority's quarterly financial statements. 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (a) Nonpayment when due of interest and principal in accordance with the terms of the Note; or (b) The attachment of any involuntary lien in the sum of $25,000 or more, of any kind or character, upon the Revenues, or any portion thereof, except for taxes due but not in default and liens being contested in such a manner as to prevent execution on the Property; or (c) The entry against the Authority of any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (30) days of such judgment becoming a final judgment; or (d) If the Authority shall apply for or consent to the appointment of a receiver, a trustee or liquidator of themselves or itself, or of all or a substantial part of its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (e) If the Authority shall (i) become insolvent, generally fail to pay, or admit in writing its inability to pay its respective debts as they fall due, (ii) make a general assignment for the benefit of its creditors, (iii) be adjudicated as bankrupt or insolvent, or (iv) file a voluntary petition in bankruptcy or file a petition or answer seeking an arrangement with creditors or to take advantage of any insolvency laws or admit (by answer, default or otherwise) the material allegations of a petition filed against it in any bankruptcy, arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with the result of effecting any of the foregoing; or (f) If the petition in bankruptcy is filed against the Authority and is not dismissed within thirty (30) days, or if an order, judgment or decree by any court of competent jurisdiction shall be entered, adjudicating the Authority to be bankrupt or insolvent, without the application, approval or consent of the Authority or if the Authority shall seek or consent to or fail to timely contest of any order, judgment or decree appointing a custodian of all or a substantial part of its assets, or if the Authority shall seek or consent to, or fail to timely contest any order, judgment or decree approving a petition seeking reorganization or appointing a receiver, trustee or other custodian or liquidator of all or a substantial part of its assets; or (g) The breach of, or default under, any covenant, agreement, term, condition, provision, representation or warranty contained in this Agreement, the Note, not specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof; or (h) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement. 5.2 Remedies of Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: 4 (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or (b) Take whatever action at law or in equity may appear necessary or desirable to collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements, covenants of the Authority under the Note, this Agreement, or otherwise. AR"$10 E V'11 MISCELLANEOUS 6.1 Defeasance. if the Authority shall pay or cause to be paid or otherwise provide for, or there shall otherwise be paid or provided for, the principal and the interest on the Note and all other amounts payable by the Authority at the times and in the manner stipulated in this Agreement or the Note, then all covenants, agreements and other obligations of the Authority hereunder shall thereupon terminate and be discharged and satisfied. 6.2 Waivers, etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other agreement or instrument referred to in this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law. 6.3 Successors, etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any subsequent holder of the Note and its successors and assigns. 6.4 Governing Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of Oklahoma. 6.5 Amendments. This Agreement may not be amended, modified, or waived except with the written consent of the parties hereto. 6.6 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United States Mail, postage prepaid, addressed as follows, except that either party may be written notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority Owasso Public Golf Authority 111 N. Main Owasso, Oklahoma 74055 Attention: Susan Kimball, Chairman With a copy to: Rodney J. Ray Authority Manager 111 N. Main Owasso, Oklahoma 74055 City City of Owasso 1 I 1 N. Main Owasso, Oklahoma 74055 Attn: Susan Kimball, Mayor With a copy to: Rodney J. Ray City Manager I I I N. Main Owasso, Oklahoma 74055 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 6.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. ATTEST. By: Sherry Bishop, Secretary (SEAL) ATTEST: By: Sherry Bishop, City Clerk Owasso Public Golf Authority 0 Susan Kimball, Chairman "Authority" City of Owasso, Oklahoma IN 6 Susan Kimball, Mayor "ice\ REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC GOLF . AUTHORITI Dated as of the lst day of lay, 2005 Owasso, Tulsa County, Oklahoma $234,328.00 FOR VALUE RE, CEIVE D, the undersigned, Owasso Public Golf Authority, an Oklahoma Public Trust, having the City of Owasso, as its beneficiary, its successors and assigns (collectively, the "Borrower "), promises to pay to the order of the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, its successors and assigns (collectively, the "City") at its principal office at 111 N. fain, Owasso, Tulsa County, Oklahoma 74055, or at such other place as may be designated in writing by the City, the principal sum of TWO HUNDRED THIRTY- FOUR THOUSAND, THREE HUNDRED TWENTY- EIGHT AND NO /100 DOLLARS ($234,328.00) together with interest thereon at the rate of two percent (2.0 %) per annum payable semi - annually on the Is' day of May and November in installments as set out on Exhibit "B" attached hereto. The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. This Revenue Anticipation Note is the Revenue Anticipation Note referred to in that certain Loan dated as of the lst day of May, 2005, by and between the Borrower and the City given and entered into to secure this note, the proceeds of which the City is loaning to the Borrower to finance the purchase of golf carts for use at the Bailey Ranch Golf Club. Except as may be herein otherwise specifically provided, the rights and obligations of the Borrower and the City arising by virtue of this Revenue Anticipation Note as well as the Agreement above referred to, shall be governed by the Agreement as if same were specifically incorporated herein, such Agreement surviving the issuance, execution and delivery of this Revenue Anticipation Note. The City may, at any time prior to the due date of payment of this Revenue Anticipation Note call for an early pre - payment in whole, or in part, if it is determined by the City, in its sole discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory refinancing hereof. All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by this Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the obligation of any party. 1 Upon the failure to pay when due the principal and or interest, the holder hereof shall be entitled, at its option, to extend the term or declare the unpaid principal balance of this Revenue Anticipation Note to be immediately due and payable. A failure by such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any subsequent default. After maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a rate of interest of ten percent (10 %) per annum. If this promissory Note is placed with an attorney for collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any instrument securing payment of this Revenue Anticipation Note, or if this Revenue Anticipation Note is collected through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable attorney ees of the holder(s), of this Revenue Anticipation Note and all reasonable costs and expenses incurred in connection therewith. O ASSO PUBLIC GOLF AUTHORITY an Oklahoma public Trust By: � !. Sherry Bishop, Secretary Susan Kimball, Chainnan Delivery receipted this day of 2005. Sherry Bishop, City Clerk N 2 Susan Kimball, Mayor Exhibit B REVENUE ANTICIPATION NOTE, Series 2005 OF OWASSO PUBLIC CALF AUTHORITY $234,328.00 $13,973.28 $248,301.28 PAYMENT SCHEDULE Payment Principal Interest Interest Total Date Ira ments Bate &Tments Payments 11/01/05 16,828.00 2.0% 2,343.28 19,171.28 05/01/06 17,000.00 2.0% 2,175.00 19,175.00 11/01/06 21,000.00 2.0% 2,005.00 23,005.00 05/01 /07 22,000.00 2.0% 1,795.00 23,795.00 11/01/07 24,000.00 2.0% 1,575.00 25,575.00 05/01/08 25,000.00 2.0% 1,335.00 26,335.00 11/01/08 26,000.00 2.0% 1,085.00 27,085.00 05/01/09 27,000.00 2.0% 825.00 27,825.00 11/01/09 27,500.00 2.0% 555.00 28,055.00 05/01/10 28,000.00 2.0% 280.00 28,280.00 $234,328.00 $13,973.28 $248,301.28 . _ Rl _<� }© !!(, ���•� °was TO: RODNEY J. RAY CITY MANAGER FROM: r, PUBLIC 1t DIRECTOR ;�IBJECT: FY 2004-2005 STREET TRAFFIC SIGN IMPROVEMENT PROGRAM PROGRESS REPORT r DATE. April 8 2005 The Street Traffic Sign Improvement Program is part of the City's annual maintenance practices directed to ensure that all traffic signs within the city conform to accepted standards of quality and meet Federal traffic control requirements as defined in the Manual on Uniform Traffic Control Devices (MUTCD). As part of the program, Public Works Department personnel perform an annual inventory of regulatory, warning, and guide signs to ensure timely and effective response to sign maintenance. The survey revealed seven (7) residential areas with deficient signage. Many of the traffic signs are either missing, illegible, or below desired standards of quality regarding shape, color, dimension, legend, border, and illumination. Consequently, funds were included for systematic replacement of substandard signage. FY 2004 ®2005 Street Traffic Sign Improvement Program schedule, scope of work, and estimated cost for each project is as follows (memorandum dated September 20, 2004): Project Location Schedule Scope of Work (Replacement) Cost Estimate Stop Si ns Street Markers Steel Posts Elm Creek Oct 2004 30 52 40 _ $4,750 Three Lakes _ Nov 2004 25 32 25 $1,650 Silver Creek Dec 2004m� 14 26 N/A $ 950 Nottin ham Estates Dec 2004 12 24 N/A $ 850 Ator Heights Jan 2005 � 40 64 40 $2,700 Brentwood Estates MJan 2_0_05 10 26 N/A $ 800 EL Elio Vista Mar 2005 35 34 15 $1,850 FY 2004-2005 Street Traffic Sign Improvement Program Page 2 of 2 I u-tteloul omm's noll al The FY 04-05 Street Sign Replacement Program was completed on April 8, 2005. Since October 2004, Street Division personnel have replaced over 150 stops signs and 250 street markers in Elm Creek, Three Lakes, Silver Creek, Nottingham Estates, Ator Heights, Brentwood Estates and El Rio Vista subdivisions. Completion of the program was delayed by two weeks pending the delivery of new signs. A progress schedule is shown below: The 2005-2006 Street Traffic Sign Improvement program will start after July 2005. RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS) Month 1891 1882 1983 1984 1995 1996 1897 1988 1898 2880 2001 2002 2003 2004 2005 JanU2ry 8 6 6 9 12 16 45 29 21 20 23 64 54 30 31 March 5 12 12 15 28 30 34 34 51 24 48 51 38 75 65 September 14 14 12 12 20 21 24 31 29' 29 29 30 5 . 2 64 Totals 99 142 133 162 208 293 333 401 362 377 406 524 479 528 148 Year to Date oo 20 29 34 4x March ar to Date Dollars LYe___�] 1991 1993 1995 1997 1999 2001 2003 2005 Con ction Dollar No Consruc'10 T,#als for Ead a .S $54.00\000 $40.500,000 � $27.000.000 �* 00 u *13.500.000 � * $O 1991 1993 1995 1997 1999 2001 2003 2005 Month 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 January 2 0 0 1 1 0 0 5 2 3 0 0 0 1 2 .......... ......................... .. ...... March 0 2 1 0 0 5 2 1 1 1 0 3 1 2 1 Aril ............... . . ................ .. ....... ...... ........... ....... ......... ....... .. .... 3. May 1 1 2 2 3 0 ...... 1 4 0 2 2 4 1 1 u ne: ............. July 0 1 0 0 5 1 1 1 2 7 0 1 0 ............. 0 . 0:*::4-:::::::::�::: ........... 2 V September 0 1 1 0 0 2 2 2 0 2 0 2 2 1 .......... ..... .... .......... . . . ...... . November 0 1 0 2 1 2 1 0 5 6 5 1 1 3 ............................ ..... .... ............... ........... ........ ... ..... .. ....... ...... ... Totals 7 8 12 13 19 20 26 66 26 52 27 23 12 25 8 Year to Date 2 2 2 1 2 7 2 13 9 16 2 4 2 8 8 Includes Churches, Schools, and Government Facilities March Year to Date Count,, 16 12 E 8 E 0 o E. (D 4 � 0 1991 1993 1995 1997 1999 2001 2003 2005 Totals for Each Year s r- $51,000,000 0 $38,250,000 . ....... n $25,500,000 -- - - - - (n — r 0 o n $12,750,000 $0 a) z 1991 1993 1995 1997 1999 2001 2003 2005 RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS) 2002 2003 Ifonth 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 fenceline 2002 fenceline 2003 Totals 72 98 90 99 142 133 162 208 293 333 401 362 377 406 26 524 173 479 YTD 11 1 .11 1 26 20 28 29 34 48 64 114 96 93 70 115 0 185 33 133 2004 2005 2006 2007 2008 2009 2010 2011 2012 -------- - - Jan 13 30 13 Fib 7 13 2 March 18 75 27 65, April; 2 47 May 20 31 June 3: July 23 34 Aug 8: Nov 8 0 1 8 19 13 15 20 13 14 26 14 18 24 5 26, 17 35 r. - - --------- JulV 7 10 4 1 10 13 13 28 28 2 9 27 33 37 44 11 32 Totals 72 98 90 99 142 133 162 208 293 333 401 362 377 406 26 524 173 479 YTD 11 1 .11 1 26 20 28 29 34 48 64 114 96 93 70 115 0 185 33 133 2004 2005 2006 2007 2008 2009 2010 2011 2012 -------- - - Jan 13 30 13 Fib 7 13 2 March 18 75 27 65, April; 2 47 May 20 31 June 3: July 23 34 Aug 8: Nov 8 0 1 8 19 13 15 20 13 14 26 14 18 24 5 26, 17 35 Totals 72 98 90 99 142 133 162 208 293 333 401 362 377 406 26 524 173 479 YTD 11 1 .11 1 26 20 28 29 34 48 64 114 96 93 70 115 0 185 33 133 Totals 198 623 63 1 48 2004 2005 2006 2007 2008 2009 2010 2011 2012 Month fenceline 2004 fenceline 2005 fenceline 2006 fenceline 2007 fenceline 2008 fenceline 2009 fenceline 2010 fenceline 2011 fenceline 2012 Jan 13 30 13 Fib 7 13 2 March 18 75 27 65, April; 2 47 May 20 31 June 3: July 23 34 Aug 8: Sept 11 64 .. .... . . ... ... ... . .... . Oct! Nov 13 31 Totals 198 623 63 1 48 � ®® »! #. ■ : + * © -* *i« March, 2005 Subdivision »,« Pheasant \ 104,700 Tallgrass Trails $ 104,700 Cedar Bluff 11 \ 125,000 Cedar Bluff 1 4 131,500 Cedes Bluff 11 \ 115,000 Ranch Acres V © ■, „# Timber Lake & 05,60 � .a:_ Timber \ 0600 Timber 2270 « 105,600 Country f ,t \ 163,000 »-»tom !- 2� Acres « 90,000 ak «,3 at Cooper �2 $ 780000 Chestnut z- © 11 4 185000 Chestnut Fa s \ 290000 Ranch Acres V « 78,000 Ranch Acres : x 78,000 Looking Glass ^� Estates \ 05600 Looking 24 :< Estates 4 65600 u 4 »» /d $ 105,000 Oakridge at Cooper < 225,000 Oak ridge at Cooper \ 155,000 Cornerstone $ 20004 »»» ?!» at Cooper » 186,350 Oak2�l at Cooper « 189,000 » 4tl2 Cooper 7 t1v: #»» 4\!2 Cooper < 186,000 Timbergate « 184,000 Total: 2:new hom . dt 2 >1 ADDRESS BUILDER ADD /ZONE VALUE A.S.F. PERMIT # DATE 11112 N 144 E Ave Simmons Homes ChPk/RS -3 77,112 1836 05- 0301 -X 3/1/2005 9107 N 156 E Ct Simmons Homes PL /RS -3 129,864 3092 05- 0302 -X 3/1/2005 10208 E 101 St No Bolger Construction HC /RS -3 115,500 2750 05- 0303 -X 3/1/2005 10210 E 101 St No Bolger Construction HC /RS -3 115,500 2750 05- 0304 -X 3/1/2005 10205 E 101 Ct No Denny Construction HC /RS -3 110,124 2622 05- 0305 -X 3/1/2005 10002 E 101 St No Denny Construction HC /RS -3 111,804 2662 05- 0306 -X 3/1/2005 10008 N 101 E Ave Denny Construction HC /RS -3 111,804 2662 05- 0307 -X 3/1/2005 10006 N 101 E Ave Denny Construction HC /RS -3 108,444 2582 05- 0308 -X 3/1/2005 10004 E 101 St No Denny Construction HC /RS -3 108,444 2582 05- 0309 -X 3/1/2005 10004 N 101 E Ave Denny Construction HC /RS -3 108,444 2582 05- 0310 -X 3/1/2005 9908 N 102 E Ave Denny Construction HC /RS -3 109,368 2604 05- 0311 -X 3/1/2005 10203 E 100 PI No Denny Construction HC /RS -3 101,640 2420 05- 0312 -X 3/1/2005 12114 N 107 E Ave RC Construction CE /RS -3 72,030 1715 05- 0313 -X 3/2/2005 12103 N 107 E Ave RC Construction CE /RS -3 72,030 1715 05- 0314 -X 3/2/2005 10711 E 120 St No RC Construction CE/RS -3 72,030 1715 05- 0315 -X 3/2/2005 11390 N 120 E Ave Chumley & Associates RP /RS -3 77,826 1853 05- 0316 -X 3/2/2005 11213 N 120 E Ave Chumley & Associates RP /RS -3 77,826 1853 05- 0317 -X 3/2/2005 10001 N 101 E Ave Westerfield Corp HC /RS -3 99,400 2200 05- 0318 -X 3/3/2005 10102 E 100 St No Westerfield Corp HC /RS -3 99,750 2375 05- 0319 -X 3/3/2005 11414 N 96 E Ave biller (homeowner) Hillside/RS-2 96,138 2289 05- 0320 -X 3/3/2005 9010 N 121 E Ave Oil Capital Neon SmFarm/CS 10,600 216 05- 0321 -S 3/3/2005 14310 E 112 PI No Simmons Homes ChPk/RS -3 69,174 1647 05- 0322 -X 3/3/2005 13812 E 90 St No Simmons Homes BWV /RS -3 92,400 2200 05- 0323 -X 3/3/2005 10216 E 99 St No RC Construction HC /RS -3 89,586 2133 05- 0324 -X 3/3/2005 9908 N 103 E Ave RC Construction HC /RS -3 89,586 2133 05- 0325 -X 3/3/2005 10211 E 99 St No RC Construction HC /RS -3 89,586 2133 05- 0326 -X 3/3/2005 10203 E 99 St No RC Construction HC/RS -3 89,586 2133 05- 0327 -X 3/3/2005 11114 E 121 St No Strategic Homes CE /RS -3 103,656 2468 05- 0328 -X 3/3/2005 11110E 121 PI No Strategic Homes CE /RS -3 94,416 2248 05- 0329 -X 3/3/2005 8911 No 139 E Ave Bliss (homeowner) BWV/RS -3 118,902 2831 05- 0330 -X 3/4/2005 8706 N 125 E Ave Garcia (homeowner) CP /RS -3 2,000 240 05- 0331 -X 3/4/2005 12801 E 85 St No John K Davis, Jr ECC /CG 250,000 5000 05- 0332 -C 3/8/2005 11117 N 144 E Ave Simmons Homes ChPk/RS - -3 69,174 1647 05- 0333 -X 3/8/2005 11119 N 144 E Ave 14307 E 113 St No 11388 N 12,0E Ave 11803 E 113 St No 14306 E 113 St No 9306 N 138 E Ave Simmons Homes Simmons Homes m Chumley & Associates Chumley & Associates Simmons Homes Homes ChPk/RS -3 ChPk/RS -3� RP /RS -3 Pk/RS� -3 I FNE/RS-2_,, /RS -3 77,112 84,084 _76,230 79,506 69,174 137,844 1836 2002 1815 1893 1647 3282 OS- 0334 -X 05- 0335 -X 05- 0336 -X 05- 0337 -X 05- 0338 -X 05- 0339 -X 3/8/2005 3/8/2005Fy 3/8/2005 3/8/2005 3/8/2005 3/8/2005 14304E 113 St No _Williams Simmons Homes P1c/RS -77,1 12 1836 05- 0340 -X 3/9/2005 9707 E 90 Ct No American Heartland FW /RS -3 100,632 2396 05- 0341 -X 3/9/2005 10104 E 91 Cir No Simmons Homes FW /RS -3 146,664 3492 05- 0342 -X 3/11/2005 9826 E 92 PI No PMC Homes FW /RS -3 141,624 3372 05- 0343 -X 3/11/2005 12510 E 86 St No AMAX Signs 86StRet /CS 2,000 27 05- 0344 -S 3/11/2005 12406 E 86 St No AMAX Signs Cmrstn/CS 2,500 40 05- 0345 -S 3/11/2005 12802 E 96 St No Acura Neon Signs BenCor /CS 5,000 9 05- 0346 -S 3/11/2005 10306E 93 PI No Granite Pools FW /RS -3 20,000 680 05- 0347 -P 3/14/2005 11110 N 143 E Ave 9108 N 153 E Ct 14203 E 104 St No 11708 E 102 St No 10301 E 95 St No 10303 E 94 Ct No 9214N98ECt 9901 N 102 E Ave 13988 E 103 PI No 11214 N 143 E Ave 12811 E 86 PI N, #107 9013 N 132 E Ave 8940 N 155 E Ave 11109 N 119 E Ave 12406 E 86 St No 12510 E 86 St No 9500 N 129 E Ave #200 14002 E 104 St No 11706 E 104 St No 9909 E 100 PI No 9010 N 104 E Ave 9106 N 153 E Ct 14305 E 113 St No 10202 E 100 PI No 10206 E 99 St No 10007 N 101 E Ave 10106 E 100 St No 11106 E 121 Ct No 11104 E 121 PI No- ll 115 N 144 E Ave 11104 N 143 E Ave 11826 E 80 PI No 14112 E 87 Ct No Simmons Homes ChPk/RS -3 68,754 1637 05- 0348 -X 3/14/2005 Simmons Homes PL/RS -3 146,664 3492 05- 0349 -X 3/14/2005 Simmons Homes CC /RS -3 128,436 3038 05- 0350 -X 3/14/2005 Simmons Homes SGP /RS -3 121,884 2902 05- 0351 -X 3/14/2005 Marion Homes FW /RS -3 148,344 3532 05- 0352 -X 3/16/2005 Marion Homes FW/RS -3 148,344 3532 05- 0353 -X 3/16/2005 Leisure World Pools FW/RS -3 12,000 240 05- 0354 -P 3/16/2005 Leisure World Pools HC/RS -3 15,400 450 05- 0355 -P 3/17/2005 Simmons Homes CC /RS -3 121,800 2900 05- 0356 -X 3/18/2005 Simmons Homes ChPk/RS -3 68,754 1637 05- 0357 -X 3/21/2005 John K Davis, Jr RamPIz /CS 25,000 4500 05- 0358 -C 3/21/2005 Gibson Homes CP /RS -3 133,266 3173 05- 0359 -X 3/21/2005 Capital Homes PUBS -3 79,800 1900 05- 0360 -X 3/21/2005 Chumley & Associates RP /RS -3 77,280 1840 05- 0361 -X 3/21/2005 AMAX Signs Cmrstn/CS 2,000 40 05- 0362 -S 3/23/2005 AMAX Signs Cmrstn/CS 2,000 27 05- 0363 -S 3/23/2005 Dodson Construction WtrfdPIz /CS 30,000 2098 05- 0364 -C 3/23/2005 Premier Homes CC /RS -3 144,228 3434 05- 0365 -X 3/23/2005 Premier Homes SGP/RS -3 100,044 2382 05- 0366 -X 3/23/2004 Camelot Homes HC/RS -3 109,032 2596 05- 0367 -X 3/23/2005 Vuocolo Construction FW/RS -3 28,000 612 05- 0368 -P 3/23/2005 Simmons Homes PL/RS -3 146,664 3492 05- 0369 -X 3/24/2005 Simmons Homes ChPk/RS -3 68,754 1637 05- 0370 -X 3/24/2005 Sherwood Builders HC /RS -3 133,980 3190 05- 0371 -X 3/24/2005 Sherwood Builders HC /RS -3 116,886 2783 05- 0372 -X 3/24/2005 Strategic Homes HC/RS -3 107,856 2568 05- 0373 -X 3/24/2005 Strategic Homes HC/RS -3 107,856 2568 05- 0374 -X 3/24/2005 Strategic Homes CE /RS -3 96,642 2301 05- 0375 -X 3/24/2005 'Strategic Homes CE/RS -3 100,800 2400 05- 0376 -X 3/24/2005 Simmons Homes ChPk/RS -3 79,632 1896 0 3- 0377 -X 3/29/2005 Simmons Homes ChPk/RS -3 84,000 2000 05- 0378 -X 3/29/2005 Robt Wessner EC/RS -3 14,616 348 05- 0379 -X 3/29/2005 Bolger Homes BSC/R§-3 111,300 2650 05- 0380 -X 3/30/2005 i.. `flff �a4 1 Residential - Addition 11 Commercial -New 12 Commercial-Remodel II `'' (80 Buil�Permits 6,622,126000 29000000 14,616 ®00 2509000000 55,000000 75,400000 249100400 y 240 Sq Ft 348 Sq Ft 5,000 Sq Ft 6,598 Sq Ft '� $7,043,242000 172,010 Sq Ft BUILDING INSPECTIONS DEPARTMENT REPORT FOR MARCH Total Fees Building Permits Issued 77 16,993.50 Economic Development 68 10,569.00 Mechanical Permits Issued 72 5,880.00 Electrical Permits Issued 80 6,330.00 Plumbing Permits Issued 79 6,235.00 Recreation Development 60 9,000.00 Sign Permits Issued 3 140.00 Reinspection Fees 0 0.00 Sewer Taps 69 27,600.00 Water Taps 35 20,175.00 Water Meter Deposits 34 1850.00 TOTAL PERMITS 577 $104,772.50 Building 168 Mechanical 110 Electrical 151 Plumbing 206 Reinspection 61 Other 0 }ITT OF OWASSO RESIDENTIAL { INVENTORY STATUS March 31, 2005 SUBDIVISION # OF LOTS Bailey Ranch Est (2/95) 118 Bailey Ranch Est II (6/99) 133 Barrington Point III (8/96) 32 Bradfords at Silver Creek (2/98) 83 Brentwood Village (6/99) 64 Broadmore Heights (10/92) 32 Brookfield Crossing (11/02) 134 Camden Park II (11/00) 42 Central Park II (7/97) 96 Chelsea Park (9/04) 106 Coffee Creek (04/01) 101 Country Estates 11 (6/97) 193 Country Estates III (3/99) 61 Country Estates IV (4/00) 158 Country Estates V (01/02) 187 Country Estates VI (11/03) 37 Double Oaks 11 (8/92) 22 Double Oaks III (8/93) 63 Fairways at Bailey Ranch (8195) 80 Fairways II (1/97) 84 Fairways III Extended (6/99) 104 Fairways IV (5/98) 69 Fairways IV Extended (6/99) 22 Fairways V (8/99) 71 Fairways VI (12/00) 42 Garrett Creek (9/2003) 84 Honey Creek (4/02) 202 Honey Creek Il (12/04) 119 Metro Heights (11/01) 52 Metro Heights 11 (6/02) 42 New Brunswick (07/03) 42 Nottingham Estates II (3/97) 15 Nottingham Estates 111 (9/99) 23 Nottingham Estates IV (8/01) 20 Nottingham Estates V (3/01) 44 Preston Lakes (12/00) 272 Preston Lakes it (12/01) 120 Preston Lakes 111 (10/04) 147 Preston Lakes Amended (12/01) 30 Remington Park (12/03) 57 Remington Park 11 (11/04) 84 Sawgrass Park (01/02) 178 The Summit at Southern Links (6/97) 31 The Village at Silver Creek (09/02) 62 Watercolors (12/02) 40 The Willows at Silver Creek (1/00) 84 TOTALS 3882 �NT 1 T The Willows at Silver Creek (1/00) Watercolors (12/02) The Village at Silver Creek (09/02) The Summit at Southern Links (6/97) Sawgrass Park (01/02) Remington Park II (11/04) Remington Park (12/03) Preston Lakes Amended (12/01) Preston Lakes III (10/04) Preston Lakes II (12/01) Preston Lakes (12100) Nottingham Estates V (3/01) Nottingham Estates IV (8/01) Nottingham Estates III (9/99) Nottingham Estates II (3/97) New Brunswick (07/03) Metro Heights II (6/02) Metro Heights (11/01) Honey Creek 11 (12/04) Honey Creek (4/02) Garrett Creek (9/2003) Fairways VI (12/00) Fairways V (8199) Fairways IV Extended (6/99) Fairways IV (5/98) Fairways III Extended (6/99) Fairways 11 (1/97) Fairways at Bailey Ranch (8/95) Double Oaks 111 (8/93) Double Oaks 11 (8/92) Country Estates VI (11/03) Country Estates V (01 /02) Country Estates IV (4/00) Ccuntry Estates III (3/99) Country Estates 11 (6/97) Coffee Creek (04/01) Chelsea Park (9/04) Central Park 11 (7/97) Camden Park 11 (11/00) Brookfield Crossing (11/02; Broadmore Heights (10/92; Brentwood Village (6/99; Bradfords at Silver Creek (2/98; Barrington Point III (8/96; Bailey Ranch Est 11 (6/99; Bailey Ranch Est (2/95, CITY OF OWASSO Residential e. o, 0 50 100 150 200 250 300 ❑Total Lots M Lots Developed PERMITS OCCUPANCY NAME ADDRESS STATUS APPLICATION OPENING COMPLETE DATE DATE Elite Salon & Day Spa 9500 N 129 E Ave, #114 New 1/10/2005 1/11/2005 Yes Ram Cafe 405 E 2nd Owner Change 1/12/2005 1/3/2005 Yes GMAC Real Estates 12910 E 86 St No New 1/14/2005 1/21/2005 Yes Denny Construction 8414 S No 123 E Ave Relocate 1/15/2005 1/1/2005 Yes Kelly's V Twin 11330 N Garnett, #A New 1/19/2005 2/1/2005 Yes FEBRUARY Wings to Go 9530 N 129 E Ave, #100 New 2/8/2005 219/2005 Yes Jane Maxey GMAC 12910 E 86 St No New 2/8/2005 1/8/2005 Yes Pit for Her 9500 N 129 E Ave, #300 New 2/18/2005 2/21/2005 Yes Biddle Family Chiropratic 11624 E 86 St No New 2/14/2005 2/16/2005 Yes Chris Ward, D.D.S. 12814 E 101 PI N, #101 Relocate 2/18/2005 2/14/2005 Yes H. VanWyhe- Chiropratic 8805 N 145 E Ave, #1,03 New 2/25/2005 3/1/2005 Yes R. Larson Business Office 8805 N 145 E Ave, #202 New 2/25/2005 3/7/2005 Yes MARCH Game X Change 9500 N 129 E Ave, #118 New 3/3/2005 3/10/2005 Yes Morgan - Phillips Office 8805 N 145 E Ave, #202 New 3/8/2005 3/9/2005 Yes Color View Portraits 12654 E 86 PI No New 3/15/2005 4/8/2005 No Primarily Kids 12500 E 86 St N, #102 Relocate 3/18/2005 3/24/2005 No Sonic Restaurant 13314 E 116 St N New 3/30/2005 4/4/2005 No Global Wealth Management 9500 N 129 St N, #106 New 4/4/2005 4/1/2005 No rims) March 18, 2005 Overview 7M" �a The legislature marches on toward an eventual sine die adjournment as the second bill deadline passed. Thursday was the last day for legislation to be reported out of the house of origin. The consortium started the session tracking almost 500 Douse and Senate bills. ONLY!! 1 204 are left alive. Legislative leadership and the Governor reached agreement this week on a $475 million higher education bond proposal. The initiative will finance capitol expenditures with terms from 5 -30 years and creates a $25 million "bond bank" with the regents that can be accessed by the non - comprehensive colleges and universities. OU and OSU are given authority to issue their own additional bonds based on dedicated revenue from university sources. The Mouse was quick to pass the compromise version, HE 1191, by a vote of 80-19 on Thursday. 1[ 1) rle `�:p ltl gal ®i �� °ievar��c �� °�itrati ®n ecisa ®� — IIE 1642- by Rep. Mike Wilt, R.- Bartlesville and Sen. Brian Crain, I2.- Tulsa. PASSEL) OUT OF HOUSE COUNTY AND MUNCIPAL GOVERNMENT COMMITTEE. DORMANT, Provides that certain determinations relating to collective bargaining agreements for municipal fire fighters and police officers be in writing and provides that certain arbitration awards can be appealed to district court. Our bill never got a hearing on the floor of the House. After continuous lobbying, opposition by the firefighters union, Rep. Wilt chose not to run the bill. Several Republicans had informed our author of their opposition to the legislation. Without every Republican, we simply didn't have the votes and the Senate leadership had already committed to assign the bill to their Business and labor Committee. After days of discussions with Wilt and a preliminary roll call, he informed us that he wasn't going to bring it up on the floor. - % ��_ a. 22) Air OuafitV I odelin Fundi — SB 301 -- by Sen. Judy Eason McIntyre, D- Tulsa and keep. Darrell Gilbert, D- Tulsa. ASSIGNED TO SENATE APPROPRIATIONS COMMITTEE. DORMANT. Appropriating monies to Department of Environmental Quality for purpose of developing and conducting air quality monitoring program. Never got a hearing. Environment and Natural Resources Committee. This appears to be the only logical vehicle left fore an agreement on rural water. Expansion of Tax Credits for the improvement of property listed on the National Register of historic Places so that the credit will apply to more rehabilitation projects. — SD 409 by Son. Jay Paul Gumm, D ®Durant. PASSED OUT OF THE SENATE. ASSIGNED TO HOUSE REVENUE AND TAX COMMITTEE. From Michael and the city of Tulsa. .Architectural Seal — Support an increase in the estimated project cost cap from $40,000 to $150,000 before architectural services are required. — SD 241 by Sen. Earl Garrison, D- Muskogee. ASSIGNED TO SENATE BUSINESS AND LABOR COMMITTEE. NEVER RECEIVED HEARING. DORMANT. Trish Weedin and the COGS. Is there another vehicle out there? �M Sales Tax Exemptions — Oppose all sales tax exemptions. HE 1230 by Rep. Greg Piatt, R- Ardmore and Rep. Thad Ballcman, R-Norman. PASSED OUT OF HOUSE OF REPRESENTATIVES WITH TITLE STRICKEN. AWAITING COMMITTEE ASSIGNMENT IN SENATE. This is the sales tax holiday (se qn da vacation) bill. Jay Paul Cumm, D- Durant, has signed on as the Senate author. Leadership struck the title on the floor and it passed out 96 -0. cf t� rTr IN THIS ISSUE Previously Featured Meeting Set Agreement with Wireless Carriers Attempted Reform Part III Oklahoma Municipal LeagUe Legislative Bulletin is published by the Oklahoma Municipal League. Forward your comments or suggestions to: Oklahorna Municipal League 201 N.E. 23rd Street Oklahoma Ci�, OK 73105 Phone: 1-800-324-6651/ 528-7515 Fax: 405-528-7560 E-mail: curtis@omi.org Internet: www,oml,org Oklahoma Municipal League LEGISLATIVE BULLETIV Issue No. 6 March 1O.20O5 III RIF CIVIL has scheduled a meeting with representatives of electric corporations to discuss H8 1386. This bill allows certain electric corporations \o operate within municipalities without o franchise nr other agreement from the munioipa|hy. The electric companies have indicated that they do not believe the bill runs afoul of municipal citizens' constitu- tional rights 0u vote on the corporations' use of streets within the ouqmmte limits. This highlights that the bill's language is ambiguous. OML hopes that next week's moodn0 will lead ouon exchange of views k, clarify the impact of the bill. /t011 request, u high-level representative from Cingulac appearing also ao spokes- person formh:rwimle0000rriem.mo with 0ML. municipal and P3AP staff onMarch 15th at the Capitol regarding HB 1590 (Rep. Dennis Adkins, R-Tulsa) and HB 1751 (Rep. Bill Caoe, R-1 The pumnno of the meeting was to attempt agnn*mam on legislation this usession to enable local governments to provide full wireless 911 protec- tion The discussion highlighted the obstacles to gaining support of the wireless carriers. Nevedheleae, the parties agreed to exchange information to clarify their respective pou|Uuno and seek a way ho move forward this wauainn. Look for m complete report in a future Bulletin. House Speaker Todd Hiett (R4(ellyvlle) and Representative Bill Case (R-MVVC) an- nounced the creation of the New Century Urban County Reform Task Force to study Oklahoma's two largest counties, Oklahoma and Tulsa. The task force will look at several aopodu of county government: ^ Requirements for e county budget board or an office of budget management for county government. ~ Home rule — a possible reform that will aUn= citizens to create charters for county government. ~ Reforms to eliminate duplication and waste (i.e. duplication between eamic* provid- ers, such an law enforcement) ^ Possible mergers between city and county government for large metropolitan areas (examining mergers similar to other medium-sized cities around the no8nn. such as Louisville, Kentucky, and Indianapolis, Indiana). The first meeting of the task force was held on Wednesday, March 9. The members heard testimony from a previous task force member on changes recommended and implemented in the past, including a provision for roads superintendent. fmwell, they heard from former U.S. Attorney Bill Prioe, who testified that the structure of county government in Oklahoma was e major problem. Price suggested the idea of home m|* counties, noting that citizens of cities could form their own type of government and that county citizens as o whole would benefit from a similar process. Mike Hughes, the Director nrLocal Government and Technology for O8U. disagreed with those nonh- ments, stating that the main issues facing county governments were funding and jails. It is not known when the next meeting will be; however, House staff has been asked to research county government in other states. OML is donn|y monitoring this committee and has asked for the opportunity for municipal input. (continues to next page) While some of these bill numbers are dormant, the language could appear in other bills throughout the session. HB 1282 by Rep. Guy Liebmann (R -OKC) modifies authorization for local regulation of potentially dangerous or dangerous dogs to allow such regulations to apply specifically to pit bull terriers. It would allow regulations prohibiting the keeping of dangerous dogs within certain boundaries. HB 1672 by Rep. Bill Nations (D- Norman) requires a veterinar- ian to report suspected animal or livestock abuse to local law enforcement agencies or the Department of Agriculture within 30 days and specifies requirements for removal of such animals, reptiles or fowl. HB 1296 by Rep. Lucky Lamons (D- Tulsa) increases from 20 days to 30 days the time that public officers and employees who are called to active military duty may receive their full regular pay from the employing state agency or political subdivison. HB 1394 by Rep. Jerry Ellis (D- Valliant) removes the prohibition against a business entity establishing a policy that has the effect of prohibiting the transporting and storing of firearms in a locked vehicle. It would allow for the recovery of damages, attorney fees and expenses for any employee who is determined to have been discharged or constructively discharged as a result of exercising their fundamental right to carry firearms for their self - defense. HB 2004 by Rep. David Braddock (D- Altus) relates to military personnel, and adds an exception to disqualification for unem- ployment benefits. SB 741 by Sen. Randy Bass (D- Lawton) and Rep. Trebor Worthen (R -OKC) requires employers to demonstrate what portions, if any, of "Paid Time Off' is considered a separate compensable benefit. HB 1308 by Rep. Dale Turner (D- Holdenville) modifies the mem- bership of the Oklahoma Council on Firefighter Training to in- clude ten members, the tenth being a volunteer firefighter appointed by a nonprofit association organized for the benefit of rural firefighters or from a fire department organized under Title 18. HB 2005 by Rep. Jari Askins (D- Duncan) and Sen. Bernest Cain (D -OKC) expands Circumstances for appointment of qualified legal interpreters pursuant to the Oklahoma Interpreter for the Deaf Act. The measure modifies the appointment process, no- tice requirements, the oath and fees. SB 636 by Sen. Charlie Laster (D- Shawnee) and Rep. Shane Jett (R- Tecumseh) states that any person who comes into con- tact with a peace officer prior to being actually received into cus- tody who needs emergency medical care will be taken directly to a medical facility or hospital, and that the responsibility for pay- ment of the medical costs will be the sole responsibility of the person coming into the officer's contact, except when the condi- tion is a direct result of injury caused by an officer acting outside the scope of lawful authority. LEGISLATIVE BULLETIN / March 16, 2005 / Page 2 SB 779 by Sen. Charlie Laster (D- Shawnee) and Rep. Fred Mor- gan (R -OKC) creates the State Board of Examiners of Certified Courtroom Interpreters for the purpose of certifying courtroom interpreters. SIB 314 by Sen. Randy Bass (D- Lawton) and Rep. Don Armes (R- Faxon) requires police chiefs and county sheriffs to keep rota- tion logs on all requested tows. Many bills have been filed which would affect police opera- tions: HB 1395 Rep. Jerry Ellis (D- Valliant) and Sen. Kenneth Corn (D- Poteau) HB 1415 Rep. Jim Newport (R -Ponca City) HB 1489 Rep. Larry Glenn (D- Miami) HB 1641 Rep, John G. Nance (R- Bethany) HB 1985 Rep. Terry Ingmire (R- Stillwater) SB 15 Sen. Kenneth Corn (D- Poteau) and Rep. John G. Nance (R- Bethany) SB 516 Sen. Cliff Branan (R -OKC) and Rep. John G. Nance (R- Bethany) SB 561 Sen. Bernest Cain (D -OKC) and Rep. Thad Balkman (R- Norman) 777 'Y ' � HB 1410 by Rep. Doug Cox (R- Grove) and Sen. Charles Wyrick (D- Fairland) provides that an employee of a city or town that is an eligible, participating employer in the Oklahoma Public Employ- ees Retirement System may elect to cease participation in the system for a period of one year or more. HIS 1421 by Rep. Ryan Kiesel (D- Seminole) increases from five years to eight years the limit on participation in the Police Pen- sion and Retirement System's deferred option plan. 214THIM11 HB 1901 by Rep. Jari Askins (D- Duncan) and Sen. Randy Bass (D- Lawton) provides that not attaining the schedule of use of incremental amounts of streamwater constitutes an ac- ceptable cause for nonuse. The measure provides that a per- mit holder will not forfeit any water or permit right if the need for the water did not develop as anticipated when the water right was obtained or when a schedule of use was added or amended and if the water right holder acquired and has prop- erly maintained significant infrastructure at a capacity neces- sary to put the amount of water subject to forfeiture to the use authorized. SIB 54 by Sen. Richard Lerblance (D- Hartshorne) and Rep. Purcy Walker (D -Elk City) encourages water providers to use local cone tracts or joint cooperative agreements to allocate customers, territory, revenue or other aspects when providing water, sewer, gas, or solid waste services. The measure authorizes rural wa- ter districts to enter into contracts or joint cooperative agree- ments with municipalities or public trusts of which the municipality is a beneficiary. SB 604 by Sen. Frank Shurden (D- Henryetta) and Rep. Dale Turner (D- Holdenville) authorizes municipalities to adopt any method they choose for selecting qualified recipients for land application of sludge. NEXT WEEK: Look for a full report on the politics behind some bills of municipal interest.