Loading...
HomeMy WebLinkAbout2005.02.15_City Council Agenda H:\Agcndas\Council\2005\0215.doc 4. Roll Call 3. Flag Salute 2. Invocation Paul Pennekamp, Faith Lutheran Church 1. Call to Order Mayor Kimball AGENDA . 1, '!Ii /./ ) \, .,,'vi f, /) " ,. / /..' /1/1; ( ., . . i.// ,.'. ,,[ _ '._.. " t/ "". ,./ . '___ / . ~A, ,L( CC (, '-'[/ C . .v. cIr.LL: ;: f- Juhann M. Stevens, Admlnv.straiIve AssIstant Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, Febmary 11, 2005. Regular Febmary 15, 2005 6:30 p.m. Council Chambers, Old Central Building 109 N. Birch TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL H:\Agendas\COllncil\2005\0215.doc Staff will recommend Council approval of the Caudle Center Final Plat, subject property located at the southwest comer of E. 96th Street North and N. Garnett Road, containing approximately 4.06 acres, more or less. 7. Consideration and appropriate action relating to a request for Council approval of the Caudle Center Final Plat. Mr. McCulley Attachment #7 B. Approval of Claims. Attachment # 6- B A. Approval of Minutes of the Febmary 1, 2005 Regular Meeting. Attachment # 6- A 6. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. On behalf of the Oklahoma Municipal League, Mr. Ray will present certificates to Janis Worley and DeImis Thompson for twenty five years of public service. 5. Presentation on behalf of the Oklahoma Municipal League Mr. Ray Owasso City Council Febmary 15, 2005 Page 2 R\A.gendas\Council\2005\02] 5.doc Staff will recommend Council approval of a supplemental appropriation to the General Fund's Streets Budget, wherein expenditures will be increased by $40,000 in order to provide funding for the installation of traffic signals at E. 76th Street North and N. 126th East Avenue and E. 76th Street North and N. 12ih East Avenue. 10. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation to the General Fund, Streets. Mr. Rooney Attachment # 10 Staff will recommend Council approval of Ordinance No. 808, an ordinance amending Section 1008 of the Zoning Code of the City of Owasso by creating section 1008.3(d) requiling new multi-family dwellings in Owasso be located within Planned Unit Developments (PUD). 9. Consideration and appropIiate action relating to a request for Council approval of Ordinance No.808, an ordinance amending the Zoning Code of the City of Owasso. Mr. Wiles Attachment #9 Staff will recommend Council approval of the Tyann Plaza II Final Plat, subject property located south of E. 96th Street North on the east side of the Owasso Expressway and the north side ofthe service road, containing approximately 1.15 acres, more or less. 8. Consideration and appropriate action relating to a request for Council approval of the Tyann Plaza II Final Plat. Mr. McCulley Attachment # 8 Owasso City Council February 15,2005 Page 3 H:\Agendas\COllllCil\2005\0215.doc Staff will recommend Council approval of a Relocation Agreement between the City of Owasso and Public Service Company of Oklahoma in an amount not to exceed $42,000 for the purpose of relocating electrical distribution facilities as a result of the N. Garnett Road Street Improvement Project; and authorization for the Mayor to execute all related documents. 13. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and Public Service Company of Oklahoma and authorization ofthe Mayor to execute all related documentation. Ms. Stagg Attachment #13 Staff will recommend Council approval of a License Agreement between the City of Owasso and South Kansas and Oklahoma Railroad in the amount of $1,500 for the purpose of constructing a 30-inch water transmission line under the existing railroad tracks at the intersection of E. 106th Street North and N. Mingo Road; and authorization for the Mayor to execute all related documents. 12. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and South Kansas and Oklahoma Railroad and authOlization for the Mayor to execute all related documentation. Ms. Stagg Attachment #12 Staff will recommend Council approval to award a bid in the amount of $50,134 to Doenges Bros. Ford of Bartlesville, Oklahoma for the purchase two (2) 2005 Ford four wheel drive utility vehicles. 11. Consideration and appropriate action relating to a request for Council approval of the purchase of two utility vehicles for the Police and Fire DepaIiments. Mr. Rooney Attachment #11 Owasso City Council February 15, 2005 Page 4 H:\Agcndas\Council\2005\0215.doc 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 17. Report from City Councilors. 16. Report from City Attorney. 15. Report from City Manager. Staff will recommend Council approval of an agreement for the contract of services between the City of Owasso and Strategic Consulting International of Tulsa, Oklahoma, in the amount of $173,700 for the purpose of implementation and maintenance of the Phase I GIS plan; and authorization of the Mayor to execute all related documents. 14. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and Strategic Consulting International and authorization of the Mayor to execute all related documentation. Mr. White Attachment #14 Owasso City Council February 15, 2005 Page 5 H :\Agclldas\Council\2005\0215doc 19. Adjournment. Owasso City Council February 15, 2005 Page 6 Police Chief Dan Yancey presented to the Council the Character Trait of Forgiveness as the Character Trait ofthe Month for February, 2005. PRESENTATION OF CHARACTER TRAIT OF FORGIVENESS, FOLLOWED BY A PUBLIC SERVICE ANNOUNCEMENT ITEM 5. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney A quorum was declared present. ABSENT PRESENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Gary Cochran, Councilor Brent Colgan, Councilor ROLL CALL ITEM 4. Vice Mayor Craig Thoendelled the flag salute. FLAG SALUTE ITEM 3. The invocation was offered by Pastor Charlie Curran from First Christian Church of Owasso. INVOCATION ITEM The meeting was called to order at 6:31 p.m. CALL TO ORDER ITEM 1. The Owasso City Council met in regular session on Tuesday, February 1, 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, January 28,2005. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 1, 2005 2 Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Ms. Stagg presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council approval of Amendment No.1 to the Engineering Service Agreement with C2A Engineering, Inc. (Tulsa, Oklahoma) for North Garnett Road (East 86th Street North to East 96th Street North) in the total amount of$22,408.00. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE ENGINEERING SERVICE AGREEMENT FOR THE NORTH GARNETT ROAD IMPROVEMENT PROJECT. ITEM 8. Motion can'ied 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Colgan moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $266,963.67, self-insurance medical claims & fees totaling $36,524.38, and payroll claims totaling $314,054.20. D. Acceptance of the water and sanitary sewer systems for the Bradford Park IV subdivision, located west of NOlih 129th East Avenue at East 73rd Street North. C. Acceptance of the sanitary sewer system for the Owasso Medical Park, located west ofNOlih 129th East Avenue on East 101st Street North Approval of Claims Approval of Minutes ofthe January 18, 2005 Regular Meeting CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA ITEM 7. Mr. Ray introduced Tim Houghton, Network Systems Technician in the Information Systems Department, as the City's employee of the month for FebruaIY, 2005. PRESENTATION OF THE EMPLOYEE OF THE MONTH ITEM 6. February 1, 2005 Owasso City Council 3 Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Nurre presented the item. Mr. Thoendel moved, seconded by Mr. Cochran, for Council approval to award a contract for construction of North Garnett Road Improvements to Becco Contractors, Inc., Tulsa, Oklahoma, in the amount of$4,691,722.80. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO A WARD A CONSTRUCTION CONTRACT FOR THE NORTH GARNETT ROAD IMPROVEMENT PROJECT Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Cochran, for Council approval of a contract between the City of Owasso and Faith Lutheran Church for the purchase of 4,200 square feet in the amount of $42,000.00; a contract between the City of Owasso and Lynn B. Freeman Revocable Living Trust/Freeman Construction Company for the purchase of 1,980 square feet in the amount of $19,800.00; a contract between the City of Owasso and David Golzar for the purchase of 6,854.6 square feet in the amount of $68,546.00; a contract between the City of Owasso and MOlion Family Trust for the purchase of 3,298 square feet in the amount of $32,980.00; a contract between the City of Owasso and MTC Investments, Inc. for the purchase of 4,200 square feet in the amount of $42,000.00; a contract between the City of Owasso and Owasso 7, L.L.c. for the purchase of 40,821 square feet in the amount of $483,838.00; a contract between the City of Owasso and Owasso 20, L.L.C. for the purchase of 28,688 square feet in the amount of $286,880.00; a contract between the City of Owasso and Seayco-Owasso Market II for the purchase of7,419.069 square feet in the amount of $74,190.69; a contract between the City of Owasso and Betty Smith for the purchase of 51,229.545 square feet in the amount of $533,496.25; and authorization for the Mayor to execute necessary documents for the purchase of right-of-way; and authorization for payment. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF CONTRACTS FOR THE PURCHASE OF REAL PROPERTY FOR THE PURPOSE OF RIGHT OF WAY ACQUISITION FOR THE EAST 96TH STREET NORTH AND NORTH GARNETT ROAD INTERSECTION PROJECT AND THE GARNETT ROAD IMPROVEMENT PROJECT, AUTHORIZATION FOR THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS RELATING TO THE PURCHASE, AND AUTHORIZATION FOR PAYMENT. ITEM 9. February 1, 2005 Owasso City Council 4 Mayor Kimball introduced members of Boy Scout Troops 875 and 168 who were in the audience. ITEM 15. REPORT FROM CITY COUNCILORS None ITEM 14. REPORT FROM CITY ATTORNEY Mr. Ray discussed the various options available to the City regarding the recent water issues with the City of Tulsa. ITEM 13. REPORT FROM CITY MANAGER Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. NUlTe presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval to award a contract for construction ofthe NOlih Service Area Water Transmission Line - 24 and 30 Inch Lines - Phase I to McGuire Bros. Constmction Company of Sapulpa, Oklahoma in the total amount of$I,698,332.00 - funding for project is provided by Vision 2025. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR THE NORTH SERVICE AREA WATER TRANSMISSION LINE. Motion carried 5-0. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Nun'e presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval to award a constmction contract to Becco Contractors, Inc. of Tulsa, Oklahoma, in the amount of $2,776,294.20 for the purpose of constmcting improvements to the East 96th Street NOlih and North Garnett Road intersection. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO A WARD A CONSTRUCTION CONTRACT FOR THE EAST 96TH STREET NORTH AND NORTH GARNETT ROAD INTERSECTION IMPROVEMENT PROJECT, February 1, 2005 Owasso City Council 5 Pat Fry, Minute Clerk Susan Kimball, Mayor Motion carried 5-0 and the meeting was adjourned at 7:40 p.m. YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel NAY: None Mr. Cochran moved, seconded by Mr. Colgan, to adjourn. ITEM 17. ADJOURNMENT None ITEM 16. NEW BUSINESS She then read an e-mail she received from LaITy BIinkley, Senior Pastor of Silver Creek Church of the Nazarene praising the leadership efforts of Rodney Ray and Michele Dempster on behalf of the Character Program in the City of Owasso. February 1, 2005 Owasso City Council 19.20 41.31 24.43 68.00 360.58 182.91 1,250.00 3,275.00 10.75 149.00 97.71 309.00 59.00 156.74 14.00 66.86 186.54 225.00 145.00 NOTARY STAMP-HUNT OFFICE SUPPLIES CHARACTER TRAINING OFFICE SUPPLIES BULLETINS POCKET GUIDES/CALENDARS CONSULTING PUBLIC SERVICE ANNOUNCEMENTS OVERNIGHT MAIL EMPLOYMENT ADS EMPLOYMENT ADS TRAINING TRAINING-DANE MILEAGE-DEMPSTER MEETING EXPENSE OFFICE SUPPLIES LODGING-DANE SEMINAR-DANE ANNUAL MEMBERSHIP SUBURBAN OFFICE SUPPLY OFFICE DEPOT TREASURER PETTY CASH WORDCOM CHARACTER FIRST! CHARACTER FIRST! INTEGRITY FOCUS JOHNSTON,DAN LONE STAR OVERNIGHT NEIGHBOR NEWSPAPER WORLD PUBLISHING COMPANY LORMAN EDUCATION SERVICES TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH RENAISSANCE HOTEL CHARACTER FIRST! IPMA 9.23 45.44 48.50 357.00 170.00 630.17 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SERVICE CONTRACT WORKSHOP-BISHOP/BROWNE FINANCE DEPT TOTAL OFFICE DEPOT OFFICE DEPOT TREASURER PETTY CASH FINANCIAL EQUIPMENT OK MUNICIPAL LEAGUE 250.00 201.08 43.00 438.60 136.10 125.54 87.54 241.85 87.48 30.71 200.00 26.19 15.76 39.87 20.20 31.25 CITY MGR EXPENSES OFFICE SUPPLIES HANDBOOK VEHICLE MAINT FUEL HANDBOOK MILEAGE REIMBURSEMENT LODGING-ROONEY MILEAGE-TISDALE MAINT SUPPLIES ANNUAL MEETING MEETING EXPENSE MEETING EXPENSE SUPPLIES SUPPLIES EMPLOYEE RECOGNITION MANAGERIAL DEPT TOTAL TREASURER PETTY CASH OFFICE DEPOT OK MUNICIPAL LEAGUE CITY GARAGE CITY OF OWASSO FUELMAN SAV-ON PRINTING RONALD D CATES OKLA STATE UNIVERSITY TREASURER PETTY CASH SAMS CLUB OWASSO CHAMBER COMMERCE TREASURER PETTY CASH TREASURER PETTY CASH SAMS CLUB WAL-MART COMMUNITY TREASURER PETTY CASH 10.00 100.00 110.00 DEPOSIT REFUND DEPOSIT REFUND REFUND TOTAL TREASURER PETTY CASH TREASURER PETTY CASH AMOUNT DESCRIPTION VENDOR CITY OF OWASSO CLAIMS TO BE PAID 02/15/05 VENDOR DESCRIPTION AMOUNT JP HOGAN INSURANCE NOTARY BOND RENEWALS 210.00 HUMAN RESOURCES DEPT TOTAL 6,851.03 OFFICE DEPOT OFFICE SUPPLIES 210.04 OFFICE DEPOT OFFICE SUPPLIES 43.43 SAV-ON PRINTING WINDOW ENVELOPES 270.07 CINTAS CORPORATION MAT SERVICES 29.90 EXECUTIVE COFFEE SERVICES SUPPLIES 167.05 CINTAS CORPORATION MAT SERVICES 29.90 STORY & ASSOCIATES APPRAISAL 3,000.00 TULSA COUNTY ELECTION BOARD 2005 COUNCIL ELECTION 3,059.73 AMERICAN WASTE CONTROL REFUSE SERVICE 114.00 NEIGHBOR NEWSPAPER LEGAL NOTICES 121.55 SOUTHWESTERN BELL PHONE USE 62.17 TULSA COUNTY CLERK FILING FEES 49.00 TREASURER PETTY CASH FILING FEES 200.00 TREASURER PETTY CASH FILING FEES 18.00 TREASURER PETTY CASH NOTARY FEES 40.00 OK MUNICIPAL LEAGUE ANNUAL DUES 50.00 GENERAL GOVERNMENT DEPT TOTAL 1,464.84 OFFICE DEPOT OFFICE SUPPLIES 29.97 OFFICE DEPOT OFFICE SUPPLIES 67.30 WORDCOM OFFICE SUPPLIES 34.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 29.39 FUELMAN FUEL 159.16 TULSA COUNTY CLERK FILING FEES-LIENS 13.00 BURR KANNADY INSPECTION SERVICES 320.00 BURR KANNADY MILEAGE 38.86 TULSA COUNTY MIS DIAL UP SERVICE-JAN 60.00 AT&T WIRELESS PHONE USE-WILES 31.74 AT&T WIRELESS PHONE USE-MCCULLEY 31.74 METROCALL 01/05 USE 21.36 METROCALL 12/04 USE 21.36 OK CODE ENFORCEMENT MEMBERSHIP RENEWAL-MCCORD 25.00 COMMUNITY DEVELOPMENT DEPT TOTAL 882.88 OFFICE DEPOT OFFICE SUPPLIES 295.67 TRIAD PRINTING PRINTING BROCHURES 824.50 SUBURBAN OFFICE SUPPLY NOTARY STAMP-ALEXANDER 19.20 T-SHIRT EXPRESS SH I RTS-I NSPECTORS 170.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 726.40 FUELMAN FUEL 203.85 RIDGWAYS SUPPLIES 80.50 METROCALL 12/04 USE -6.53 ENGINEERING DEPT TOTAL 2,313.59 TREASURER PETTY CASH PER DIEM-WILLSON 84.00 INFORMATION SYSTEMS DEPT TOTAL 84.00 OFFICE DEPOT OFFICE SUPPLIES 31,98 101.50 101.50 64.10 200.82 109.15 200.15 138.00 458.48 9.98 3,680.00 2,470.00 3,936.93 3,565.66 135.00 150.00 450.00 49.95 1,330.42 201.75 204.48 LEGAL DEFENSE JAN LEGAL DEFENSE FEB RUBBER STAMP OFFICE SUPPLIES SUPPLIES EVIDENCE SUPPLIES LODGING EVIDENCE SUPPLIES MAINT SUPPLIES PROTECTIVE VESTS-RESERVES UNIFORMS-RESERVES VEHICLE MAINT FUEL PHYSICAL FITNESS PROGRAM MONTHLY RETAINER PHYSICAL-MUTII VEHICLE MAINT UNIFORM CLEANING 01105 USE 12/04 USE 20.30 20.30 CEMETERY USAGE CEMETERY DEPT TOTAL 24.95 86.01 75.95 1.97 111.12 130.09 6.00 35.98 24.00 27.53 153.11 183.13 .1,200.00 69.95 550.00 80.12 26.67 14.24 14.24 51.65 20.00 1,132.92 250.00 364.50 82.52 104.18 4,852.81 SUBSCRIPTION-WHITE SUPPLIES REPAIRlMAINT SUPPLIES MAINT SUPPLIES REPAIR/MAINT SUPPLIES SUPPLIES BATTERY LIGHTING SUPPLIES FILTER PLUMBING SUPPLIES MAINT SUPPLIES FUEL JANITORIAL SERVICES HIGH SPEED INTERNET REPAIR MAINT-VAN FUEL PHONE USE 01105 USE 12/04 USE PHONE USE WORKSHOP-BUSBY SETUP PHONE SYSTEM MOVING EXPENSE PHONE SERVICE PHONE SERVICE SECURITY SYSTEMS SUPPORT SERVICES DEPT TOTAL AMOUNT DESCRIPTION OWASSO FOP LODGE #149 OWASSO FOP LODGE #149 SUBURBAN OFFICE SUPPLY OFFICE DEPOT SAMS CLUB LYNN PEAVEY BEST WESTERN SIRCHIE FINGER PRINT LAB TREASURER PETTY CASH PATROL TECHNOLOGY PATROL TECHNOLOGY CITY GARAGE CITY OF OWASSO FUELMAN OWASSO FITNESS ZONE STAMPER, HOWARD INTEGRIS HEALTH CITY GARAGE CITY OF OWASSO YALE CLEANERS METROCALL METROCALL VERDIGRIS VALLEY ELECTRIC CARD CENTER SAMS CLUB BAILEY EQUIPMENT TREASURER PETTY CASH WAL-MART COMMUNITY CURTIS RESTAURANT SUPPLY LOCKE SUPPLY OKLAHOMA LIGHTING DISTRIBUTORS HOUSE OF VACUUMS ROBERTSON PLUMBING SUPPLY LOWES COMPANIES FUELMAN RED LEE COX COMMUNICATIONS DANNYS AUTO SALVAGE FUELMAN AT&T WIRELESS METROCALL METROCALL AT&T WIRELESS CARD CENTER OWASSO COMMUNITY RESOURCES OWASSO COMMUNITY RESOURCES OWASSO COMMUNITY RESOURCES OWASSO COMMUNITY RESOURCES OWASSO COMMUNITY RESOURCES VENDOR VENDOR DESCRIPTION AMOUNT AT&T WIRELESS PHONE USE-DEPUTY CHIEF 43.78 AT&T WIRELESS PHONE USE-CHIEF 51.65 CINGULAR WIRELESS PHONE USE 210.04 SOUTHWESTERN BELL PHONE USE 59.87 TREASURER PETTY CASH TESTING SUPPLIES 10.00 TREASURER PETTY CASH PARKING 5.00 TREASURER PETTY CASH PER DIEM-CUNNINGHAM 70.00 POLICE DEPT TOTAL SAMS CLUB SUPPLIES 45.90 METROCALL 01105 USE 7.09 METROCALL 12/04 USE 7.09 POLICE COMMUNICATIONS DEPT TOTAL SAMS CLUB SUPPLIES 60.84 RADIO SHACK REPAIR/MAl NT SUPPLIES 11.49 ONYX CORPORATION PRINTER CARTRIDGES 59.90 FUELMAN FUEL 72.37 SOUTHWESTERN BELL PHONE USE 4.89 METROCALL 01105 USE 14.24 METROCALL 12/04 USE 14.24 ANIMAL CONTROL DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 44.78 NATIONAL FIRE PROTECTION CODE BOOKS 821.32 SAMS CLUB SUPPLIES 39.28 TREASURER PETTY CASH MAINT SUPPLIES 12.03 WEAR GUARD WINTER WORK COAT 200.87 OK UPHOLSTERY VELCRO 137.50 FUELMAN FUEL 1,333.51 AIR CLEANING TECHNOLOGIES TAIL PIPE/FLANGE 273.24 WAYEST SAFETY GAS DETECTOR REPAIR 155.77 SOUTHWESTERN BELL PHONE USE 8.15 METROCALL 01/05 USE 9.28 METROCALL 12/04 USE 9.28 OWASSO FITNESS ZONE GYM/EQUIPMENT USE 75.00 JOHN WOOD COMMUNITY COLLEGE TUITION-HURST 990.00 BLEVINS, MICHAEL PER DIEM 42.00 BEST WESTERN LODGING-HURST/STUCKEY 124.80 FIRE DEPT TOTAL 4,276.81 VERDIGRIS V ALLEY ELECTRIC CIVIL DEFENSE USAGE 25.37 VERDIGRIS V ALLEY ELECTRIC STORM SIRENS 46.12 SOUTHWESTERN BELL PHONE USE 1.65 METROCALL 01105 USE 14.24 METROCALl 12/04 USE 14.24 EMERGENCY PREPAREDNESS DEPT TOTAL 101.62 TWIN CITIES READY MIX CONCRETE 152.00 BAILEY EQUIPMENT TRIMMER MAINT 99.00 LOWES COMPANIES PL YWOOD 63.94 VENDOR DESCRIPTION AMOUNT MILL CREEK LUMBER & SUPPLY STAKES 12.95 UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 45.49 GEORGE & GEORGE SAFETY UNIFORMS/PROT CLOTHING 26.99 TULSA COUNTY BOCC TRAFFIC/STREET SIGNS 1,198.72 LOWES COMPANIES CONCRETE 110.88 OWASSO FENCE STREET SIGNS/BRACKETS 813.75 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 2,787.23 FUELMAN FUEL 473.31 METROCALL 01/05 USE 49.84 METROCALL 12/04 USE 56.84 TREASURER PETTY CASH CDL LICENSE 41.50 MAGNUM CONSTRUCTION 3RD STREET EXTENSION 12,169.00 STREETS OEPT TOTAL BAILEY EQUIPMENT CHAINS 35.52 LOWES COMPANIES FENCE REPAIR 19.50 UNIFIRST CORPORATION UNIFORMS/PROT CLOTHING 52.30 GEORGE & GEORGE SAFETY UNIFORMS/PROT CLOTHING 26.99 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 414.30 FUELMAN FUEL 378.22 BAILEY EQUIPMENT CHAINSAW MAINT 45.50 METROCALL 01/05 USE 35.60 METROCALL 12/04 USE 120.60 CHEROKEE BUILDERS DRAINAGE IMPROVEMENTS 61,595.33 LASLEY ENGINEERING HYDROLOGY STUDY 6,250.00 TRACY CONSULTING ENGINEERS DRAINAGE IMPROVEMENTS 1,917.00 MESHEK & ASSOCIATES DRAINAGE IMPROVEMENTS 6,710.64 RIDGWA YS MAINT SUPPLIES 97.04 ~ STORMWATER MAl NT OEPT TOTAL 17,698.54 ANCHOR STONE SCREENINGS 152.49 LOWES COMPANIES REPAIR SUPPLIES 24.21 ANCHOR STONE SCREENINGS 91.15 BAILEY EQUIPMENT CHAIN SAW BAR 23.95 UNIFIRST CORPORATION UNIFORM RENTAUCLEANING 66.12 CITY GARAGE CITY OF OWASSO VEHICLE MAl NT 214.63 FUELMAN FUEL 317.90 METROCALL 01/05 USE 14.24 METROCALL 12/04 USE 14.24 PARKS OEPT TOTAL 918.93 CHARACTER FIRST! BULLETINS 42.00 MURPHY SUPPLY MAl NT SUPPLIES 143.85 FUELMAN FUEL 89.54 A-OK SIGNS NO SMOKING SIGNS 50.00 SOUTHWESTERN BELL PHONE USE 0.87 MURPHY SUPPLY VACUUM 595.00 COMMUNITY CENTER DEPT TOTAL 921.26 SOUTHWESTERN BELL PHONE USE 0.92 LOWES COMPANIES PAINTING SUPPLIES 100.17 VENDOR DESCRIPTION AMOUNT MICHAEL TODD COMPANY SIGNAGE 68.37 HISTORICAL MUSEUM DEPT TOTAL 169.46 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 30.24 FUELMAN FUEL 55.71 OWASSO CHAMBER COMMERCE MEETING-HA YES/ENZBRENNER 70.00 SAMS CLUB MAINT SUPPLIES 57.25 INT'L COUNCIL OF SHOPPING CENTERS DUES-HAYES 100.00 TRIAD PRINTING BANNERS 745.25 ECONOMIC DEVELOPMENT DEPT TOTAL GENERAL FUND TOTAL MEDTRONIC PHYSIO-CONTROL AMBULANCE SUPPLIES 279.78 MEDICAL COMPLIANCE SPECIALITY BIO-WASTE DISPOSAL 79.00 ATC FREIGHTLlNER PMrrRANSMISSION SERVICE 605.60 SPRINGER CLINIC IMMUNIZATIONS 140.00 TULSA TECHNOLOGY CENTER BITS TRAINING-WALKER 18.00 TULSA TECHNOLOGY CENTER BITS TRAINING-MCNICHOL 18.00 MOSIER, LOYD TEST FEE REIMBURSEMENT 150.00 AMBULANCE SERVICE FUND TOTAL 1,290.38 TOTAL RADIO MAINT CONTRACT 675.00 SOUTHWESTERN BELL E-911 1,613.97 E-911 FUND TOTAL - ' 2,288.97 MESHEK & ASSOCIATES ENGINEERING SERVICES 15,125.02 STORMWATER MGMT FUND TOTAL 15,125.02 BARTON CONSTRUCTION FIRE STATION REMODEL 33,951.32 C2A ENGINEERING ENGINEERING SVS-86/96 ST N 12,496.82 C2A ENGINEERING ENGINEERING SVS-86/96 ST N 7,272.48 CAPITAL IMPROVEMENTS FUND TOTAL 53,720.62 LIVINGSTON, KEN TUITION REIMBURSEMENT 251.25 OFFICE DEPOT OFFICE SUPPLIES 5.74 FULLERTON WELDING SUPPLIES WELDING SUPPLIES 98.00 EQUIPMENT ONE PROPANE 19.99 B & M TIRE CENTER TIRES 23.96 FRICTION PRODUCTS BRAKE REBUILDERS REPAIR PARTS 48.68 TULSA NEW HOLLAND PARTS 185.68 A TWOODS PARTS 87.51 GENUINE PARTS COMPANY-OKLA REPAIR PARTS 228.66 OK TRUCK SUPPLY REPAIR PARTS 150.95 LENOX WRECKER SERVICE TOW-POLICE UNIT 101.00 KEY EQUIPMENT & SUPPLY LINK KIT 38.95 T&W TIRE TIRES 792.00 TAYLORMADE LOCK & KEY KEYS-FIRErrRASH TRUCK 32.00 MASTER PUMPS & EQUIP PARTS-PUMP 62.01 O'REILLY AUTOMOTIVE REPAIR PARTS 656.41 238,152.10 GRAND TOTAL 1,417.67 153.00 306.00 2,327.42 1,738.80 857.53 2,152.80 52.04 180.00 154.26 51.12 79.52 103.16 222.06 51.12 100.00 625.00 452.35 763.90 58.50 157.41 533.45 450.00 27.50 967.77 56.80 37.87 22.27 26.60 33.43 26.60 26.60 42.86 296.92 269.08 269.08 528.00 528.00 16,146.49 THIRD PARTY ADMIN FEES G02264 R10163 W/C EXCESS INSURANCE P03014 W07294 C08054 R10163 G02264 G02264 C08054 C08054 W07294 M09304 M09304 J06172 S10294 S10294 S10294 B09294 S10294 J06172 J06172 C08054 C12144 C12144 M09304 C12144 C08054 J06172 C08054 C08054 B06203 M09304 TTD PAYMENTS TTD PAYMENTS Y06133 SETTLEMENT WORKERS COMP FUND TOTAL 01/05 USE 12/04 USE PHONE USE PHONE USE CITY GARAGE FUND TOTAL 14.24 14.24 26.67 AMOUNT DESCRIPTION UNITED SAFETY & CLAIMS MCAFEE & TAFT MCAFEE & TAFT JP HOGAN INSURANCE ORTHOPEDIC HOSPITAL OF OK ORTHOPEDIC HOSPITAL OF OK ORTHOPEDIC HOSPITAL. OF OK CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC ORTHOPEDIC RESOURCES ORTHOPEDIC RESOURCES ST FRANCIS HOSPITAL SPRINGER CLINIC NEUROLOGY LLPC OWASSO PHYSICAL. THERAPY CLINIC OWASSO PHYSICAL THERAPY CLINIC EBI, L.P. HIGGINS, JAMES R, MD HEAL THSOUTH DIAG- TULSA URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY WORKING RX WORKING RX WORKING RX WORKING RX WORKING RX WALGREEN COMPANY MEDICAP PHARMACIES JAMPETRO, T C/O CRAIG ARMSTRONG, ATTY JAMPETRO, T C/O CRAIG ARMSTRONG, ATTY YORK, J C/O BRYCE A HILL, HIS ATTORNEY BARTHOLOMEW, WALT METROCALL METROCAL.L. AT&T WIRELESS SOUTHWESTERN BELL VENDOR 55,991.89 802.26 802.26 2,430.00 1,414.10 1,502.76 5,346.86 20,273.94 6,560.55 11,621.62 11,386.66 49,842.77 AMOUNT HEAL THCARE SELF INSURANCE FUND TOTAL ADMIN FEE VISION OEPT TOTAL VSP DENTAL MEDICAL. SERVICE DENTAL MEDICAL. SERVICE ADMIN FEE DENTAL OEPT TOTAL DELTA DENTAL HEAL. THCARE MEDICAL SERVICE HEAL THCARE MEDICAL. SERVICE ADMIN FEE 2/05 STOP lOSS FEE 2/05 HEAlTHCARE OEPT TOTAL AETNA DESCRIPTION VENDOR CITY OF OWASO HEAL THCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 Worker's Comp Self-Insurance Fund Emergency 911 Fund Ambulance Fund Garage Fund 6,335.84 8,084.68 2; 66,478.88 7,313.91 7. 7,309.98 4 > , 2,442.32 Total ~enses Overtime EXQenses DeQariment 2/5/2005 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 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 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. The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. DEVEL!lPl\I[ENT PROCESS: The property is approximately 4.06 acres in size and is zoned CS (Shopping Center District). The subject property is undeveloped. The property to the north and south is zoned commercial. Property to the west is zoned RS-3 (Residential Single-Family), and agricultural to the east, across Garnett. PROPERTY CJIARACTEIUSnCSl The staff has received an application for the review of a final plat for Caudle Center, located at the southwest comer ofE. 96th St. Nand N. Garnett. The applicant wishes to create one lot on 4.06 acres for commercial use. A general area map is attached. BACKGROUND: February 7, 2005 DATE: FINAL PLAT (Caudle SUBJECT: CHIP MCCULLEY CITY PLANNER FROM: TIlE HONORABLE MAYOR AND COUNca CITY OF OWASSO TO: MEMORANDUM 1. Final Plat 2. Case Map AITACHMENT~ Staff recommends approval of Caudle Center Final Plat. RECOMMKNDATION: TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the final plat at the January 26, 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. No concerns were expressed. The Caudle Center Final Plat meets all Owasso Zoning Code and Subdivision requirements. Adequate easements have been established along Right~of~ Ways and shared lot lines to enable development services. The lot will be selved by City of Owasso water and sewer. The bulk and area specifications for this site are more than adequate for the placement of a commercial facility. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The applicant is requesting this review in order to facilitate commercial development on a 4.06 acre tract. Access to and from the site will be granted by both E 96th St. Nand N. Garnett. The subject property is zoned Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed 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. ~AL YSIS: from the T AC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The 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. The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. DEVELOPMENT PROCESS: The property is approximately 1.15 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 east and 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, Walgreens Drug Store, and Home Depot border the development to the east. An off site stonnwater detention center is adjacent to the southeast. PROPERTY CHARACTERISTICS: Tyann Plaza, LLC has submitted an application to the Planning Commission for approval of a final plat for Tyann Plaza II, located south ofE. 96th St. N. on the east side of the Owasso Expressway and on the north side of the seIvice road. The applicant wishes to create one lot on 1.15 acres for commercial use. A general area map is attached. BACKGROUND: February 7, 2005 DATE: II) CHIP MCCULLEY CITY PLANNER :FROM: TIlE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. Final Plat 2. Case Map ATTACHMENTS: All separate instruments shown on plat must be noted by book and page. Staff recommends approval of the Tyann Plaza II Final Plat with the following conditions: RECOMMENDATION: All separate instruments shown on plat must be noted by book and page. The Owasso Technical Advisory Committee reviewed the final plat at the January 26, 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 T AC recommendation was addressed: TECHNICAL ADVISORY COMMITTEE: 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. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Horne 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 Ow as so. The applicant is requesting this review in order to facilitate commercial development on a 1.15 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. ANALYSI~:" 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 T AC 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. Over a series of meetings, the committee examined a progression of topics relating to the development of apartments in Owasso. First, the committee considered what existing schools are situated adjacent to multi-family zoning districts, what current zoning restrictions exist that regulate development around schools, and what traditional planning ISSUES EXAMINED BY THE COMMITTEE: Staff Members Rodney Ray, City Manager Eric Wiles, Community Dev. Director Dan Yancey, Police Chief Citizen Members Susan Kimball, Mayor Brent Colgan, Councilor Dr. Clark Ogilvie, School Superintendent Ken Fisher, School Board Frosty Turpen, School Board Marilyn Hinkle, Planning Commission Kevin Vanover, Planning Commission This joint committee of City, School, and Planning Commission officials was formed to evaluate the current criteria and processes used by the City of Owasso to regulate apartment developments, and to consider any changes to those criteria and processes that might ensure the compatibility of future multi-family developments with adjoining neighborhoods. The committee is comprised of ten members, six citizen members and four staff members, The committee began meeting in August 2004 with the goal of recommending an update of the apartment regulations to the City Council by January 2005. B_ACKGRDIIND; December 29, 2004 DATE: :FINDINGS REGARDING APPROPRIATE :FORMS REGULATION FOR APARTMENTS ORDINANCE #808 JOINT crrv, SCHOOL, AND PLANNING COMMISSION COMMITTI:E FROM: TIm HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TO: MEMORANDUM BENEFITS OF A PUD - There are several benefits to the City and the developer that are provided by a PUD. First, it encourages innovative land development while maintaining appropriate limitations on the character and intensity of use and helps assure compatibility with nearby properties. Second, a PUD allows greater flexibility within the development so that unique physical features of the particular site can be utilized. Third, a PUD allows smaller lots and setback requirements while limiting the overall number of dwelling units, thus encouraging the provision and preservation of meaningful open space. Fourth, a PUD allows various uses within the same development - uses that are not allowed within the same district under conventional zoning rules. Finally, a PUD encourages a more productive use of land, while allowing the development to remain Of the alternatives examined, the one that allowed the most flexibility to the City to deal with issues of uniqueness was the alternative offered by Planned Unit Developments (PUD). A PUD is a supplemental zoning district overlaid onto an existing zoning classification (such as RS-3) and provides an alternative to conventional development. The outline development plan and accompanying development standards applicable to a particular tract in the PUD require the approval of the Owasso Planning Commission and City CounciL SELECTED ALTERNi\.TIVE - PLANNED VNIT DEVELOPMENT (PUD): Once these regulations were studied and compared with Owasso' s regulations, two hypothetical examples of apartment developments in Owasso were evaluated. One of the development examples was for a piece of property in Coffee Creek, while the other example was for a piece of property south of 76th Street North and east of Mingo Road. After looking at these hypothetical case studies, the committee researched the development options that would be provided via planned unit developments. Finally, the committee examined the legal considerations of planned unit developments. 1. Broken Arrow, OK Edmond, OK 3. Mustang, OK Norman, OK 5. Shawnee, OK 6. PIano, TX 7. South Lake, TX The committee then analyzed different planning alternatives that could be used to address the concerns. After analyzing the alternatives, the committee examined apartment location standards from seven cities with similar situations to Owasso. The cities that were studied include: rationale suggests for locating apartments around schools. Next, the committee evaluated concerns including traffic, screening, and fencing. 1. Proposed ordinance #808 2. Committee memorandum dated November 4,2004 3. Committee memorandum dated September 2, 2004 4. Committee memorandum dated August 2, 2004 ATTACHMENTS: The committee finds that high-density residential developments bring with them unique issues that must be addressed with unique solutions. Therefore, the committee recommends that the City Council approve ordinance #808, whereby the City would amend the zoning code to require that any future apartment development be located within a planned unit development. RECOMMENDATION: Included with this memorandum is ordinance #808, an ordinance that is proposed for adoption by the City. The ordinance would require that any future apartment developments within the city limits be located within a PUD. PROPOSED ORDINANCE #808: By applying apartment developments to a requirement that they be located within a PUD, the City would be better able to evaluate site-specific concerns. PUD REGULATIONS - Under current Owasso regulations, a PUD may be submitted for land located within any general zoning district. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. Each PUD is assigned a maximum permitted number of dwelling units, this is obtained by dividing the total area of the development by the minimum land area per dwelling unit permitted in the applicable use district; in the case of the RM-2 Multi-family district, the minimum area per dwelling is 3,100 square feet. In order to encourage the use open space, PUD lot area minimums are only 800 square feet and PUD lot width minimums are only 20 linear feet, though these allowances are unlikely to corne into play within an apartment development. Issues such as landscaping, greenbelts, screening, access management, outdoor lighting, and building height are not prescribed by the zoning code, but the Planning Commission and City Council can set forth standards for these issues within the approved PUD and require that the standards be incorporated into the development's subdivision plat. Code requirements that pertain to infrastructure standards, drainage, and floodplain management remain just as they would if the development occurred conventionally instead of within a PUD. consistent with the public objectives and standards of accessibility, safety, infrastructure, and land use compatibility. APPROVED this 15th day of February, 2005. Multi-family dwellings must be located within a Planned Unit Development. d. Multi-family dwelling: lomt~ Use Conditions SECTION !!ill! USE UNIT 8 MULTI-FAMILY DWELLING AND SIMILAR USES SECTION 1. Owasso Zoning Code Section 1008 is hereby amended by adding a new section to be codified as Section 1008.3(d), which Section and subsections to read as follows: NOW THEREFORE, BE IT ORDAINED BY THE COUNCil. OF THE CITY OF OW ASSO THAT (d) Achieve a continuity of function and design within the development, (c) Provide and preserve meaningful open space; and (b) Permit flexibility within the development to best utilize the umque physical features of the particular site; (a) Pennit innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties; WHEREAS, the purposes of the Planned Unit Development are to: WHEREAS, Planned Unit Development is an alternative to conventional development where the particular tract is under common ownership or control, and a detailed (outline development plan) the development the tract as a unit is proposed and submitted for public review, and WHEREAS, high-density residential developments bring with them unique issues that must be addressed with unique solutions, and An ordinance amending Section 1008 of the Zoning Code of the City of Owasso, Oklahoma, by creating Section 1008.3(d), requiring that new multi-family dwellings in Owasso be located within Planned Unit Developments (PUD). ORDINANCE No. 808 Ronald D. City Attomey APPROVED AS TO FORM: Susan Kimball, Mayor City Clerk City of Owasso, Oklahoma ATTEST: 1 BULK AND AREA REGULATIONS - Bulk and area regulations provide standards for lot size and structure placement on the lot. Below are lists that illustrate the average benchmark standards of bulk and area from the seven cities studied by the staff. To the right of the average benchmarks, Owasso' s current standards are shown in parentheses. Many cities that are similar to Owasso in size and situation have developed standards that are used in regulating the development of apartments. The municipal codes of five cities in Oklahoma and two cities in Texas were examined in order to derive regulatory benchmarks for apartment development standards. Those cities that were studied include: Norman, OK; Shawnee, OK; Mustang, OK; Broken Arrow, OK; Edmond, OK; South Lake, TX; and PIano, TX The staff desired to determine standards for apartments in these cities for five different development aspects: 1) Bulk and area regulations, 2) Screening, 3) Landscaping and green belts, 4) Access management, and 5) Outdoor lighting requirements. POTENTIAL LIST OF APARTMENT STANDARDS: On September 20, the committee continued a dialogue about the issues and concerns surrounding policy of locating apartments near public schools in Owasso. Two of the directives that came out of that meeting: 1) derive a proposed list of standards that could be required of aU future apartment developments in Owasso, so that negative impacts on existing, nearby developments could be mitigated, and 2) examine two hypothetical situations in Owasso that show different types of apartment location concerns. ;BACKGRQyNJ): November 4, 2004 DATE: AND APARTMENTS ISSUES CONCERNING SUBJECT: ERIC WlLES COMMUNITY DEVELOPMENT DIRECTOR FROM: MEMBERS OF THE JOINT COMMITTEE ON APARTMENT LOCA TION REGULATIONS TO: MEMORANDUM 2 OUTDOOR LIGHTING REQUIREMENTS - Only three of the cities studied have outdoor lighting ordinances. The other four have adopted codes that simply include a provision that lights from commercial developments not be allowed to shine directly into ACCESS MANAGEMENT - Access management standards deal with the way that developments impact transportation and how they integrate into the surrounding road system. Some aspects of access management specify separation standards between curb cuts and intersections, while others state what types of roadways must be used for access. Four of the seven communities studied require that, for the higher-density multi-family zoning districts, apartments must be located along collector roads or arterial roads. None of the communities required special standards for uses located within lesser-density multi-family zoning districts. None of the codes include provisions for curb cut separation distances particular to apartment developments. Owasso's code does not currently provide access management standards particular to apartment developments, Apart from regular landscape requirements imposed on all developments, none of the cities that were studied require special landscaping standards just for apartments. LANDSCAPING AND GREENBELTS - Greenbelts are strips of land designed to put a particular width of grass and other vegetation between a parking lot and the adjacent roadway. Four of the seven benchmark communities require greenbelts around the perimeter of lots occupied by apartments. For three of these four communities, the required greenbelt width is 35'. Currently, Owasso does not require a greenbelt around the perimeter of an apmtment development. SCREENING- Each of the codes of the cities that were examined require that apartments be screened from less intense, adjoining residential uses. The codes do not mandate what material must be used to provide the screening, but in all cases it must be at least six feet in height, opaque, not made of vegetation, and must provide a visual separation of uses. The Owasso code currently provides these same requirements. 8,400'(6,000') 2,400'(3,100') 150' (100') 50% (NA) 75' (35') 75' (10') 75' (10') NA (NA) 22,000' (10,000') 3,000' (4,300') 200' (100') 50% (NA) 75' (35') 75' (10') 75' (20') (30') Minimum Lot Area: Minimum Lot Area per Dwelling Unit: Minimum Frontage: Maximum building coverage of lot: Front yard setback: Side yard setback: Rear yard setback: Maximum building height: High-density Zomngdistdct Low-density ZoninK~listrict 3 Because of the lack of development that has occurred in the vicinity of the site, much consideration must be given to servicing the property with utilities and roads. Also, caution must be taken with the development because of the floodplain and fill. The area in which these apartments would be constructed is largely undeveloped, with only two businesses, one manufacturing facility and one tobacco retail store, in the area. The area is low-lying and largely in the floodplain. It is currently being filled and used as a vehicle and equipment storage site. There are no residences in the area, and the site is not easily visible from 76th Street North. HYPOTHETICAL EXAMPLE #2 - Also attached is a staff report of a hypothetical apartment development south of 76th Street, specifically, 140 units on ten acres 560' south of 76ili Street and immediately behind Fin-X, Inc. Because of the nature of the surrounding area, much consideration must be given to any new development at the proposed location, in order to achieve a level of compatibility with properties that have already been built upon. Such compatibility could be increased by proper landscaping, screening, lighting, access, setbacks, and other considerations. The area in which these apartments would be constructed is newly developing, with a mixture of uses designed to attract new residents to Owasso. The character of the neighborhood is oriented to residents, and a variety of uses are provided within the neighborhood to serve as many residential needs as possible, such as dwellings, education, offices, and recreation. The structures are of a generally unified style, and the investment into the area by property owners is significant. HYPOTHETICAL EXAMPLE #1 - Attached is a staff report of a hypothetical apartment development in Coffee Creek:, specifically, 46 units on 3.28 acres at the intersection of East 103rd Street North and North 13Sili East Avenue (immediately east of Northeast Elementary School). Having examined real codes for the development of apartments in communities similar to Owasso, the staff desired to explore the different types of considerations that might appear in potential apartment developments here in Owasso. HYPOTHETICA~.EXAMPLES".Q:!tAP ARTME~:IJ11J:VELOPMENTSt single-family residential subdivisions. The three cities that do have lighting ordinances provide requirements that include apartments with commercial developments within the regulations. These regulations provide that aU outdoor lights with apariment developments be pointed downward, be restricted in height and light intensity, and, in one instance, state the maximum number of foot-candles that are allow to result from the lights at the development's property line. 4 PUD REGULATIONS - Under current Owasso regulations, a PUD may be submitted for land located within any general zoning district. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. Each PUD is assigned a maximum permitted number of dwelling units, this is obtained by dividing the total area of the development by the minimum land area per dwelling unit permitted in the applicable use district; in the case BENEFITS OF A PUD - There are several benefits to the City and the developer that are provided by a PUD. First, it encourages innovative land development while maintaining appropriate limitations on the character and intensity of use and helps assure compatibility with nearby properties. Second, a PUD allows greater flexibility within the development so that unique physical features of the particular site can be utilized. Third, a PUD allows smaller lots and setback requirements while limiting the overall number of dwelling units, thus encouraging the provision and preservation of meaningful open space. Fourth, a PUD allows various uses within the same development - uses that are not allowed within the same district under conventional zoning rules. Finally, a PUD encourages a more productive use of land, while allowing the development to remain consistent with the public objectives and standards of accessibility, safety, infrastructure, and land use compatibility. One mechanism that can be used to address developments of such different character is the Planned Unit Development (PUD). A PUD is a supplemental zoning district overlaid onto an existing zoning classification (such as RS~3) and provides an alternative to conventional development. The outline development plan and accompanying development standards applicable to a particular tract in the PUD require the approval of the Owasso Planning Commission and City Council. THE OPTIONS PROVIDED VIA PLANNED UNIT DEVELOPMENTS: Different apartment developments require different approaches. Code requirements that should be applied in certain cases appear unnecessary in other cases. What is needed is the flexibility to provide for development in these very different conditions in a responsible manner that allows a reasonable return on the developer's investment while protecting the existing investments of any nearby property owners. OBSERVATIONS GATHERED FROM HYPOTHETICAL EXAMPLES - It is easy to see that the two hypothetical apaltment development examples are very different fi.om each other. The Coffee Creek development is well served by transportation and utilities and would be easy to physically develop, but compatibility must be ensured between the proposed development and existing land uses that surround the site. The 76th Street site is out of the way and largely hidden, but much investment is required to physically develop the property according to municipal codes. Compatibility with adjacent residential developments is not an acute concern because there are no adjacent residential developments. 5 QUESTIONS #3 AND #4 - The City may require spacing between apartments and schools. as long as the City finds some purpose to do so. In similar ordinances requiring certain spacing between schools and alcoholic beverage sales establishments, and between schools and sexually oriented businesses, the purpose of the regulation is to prevent the exposure of students to the products being offered for sale. In order to QUESTIONS #1 AND #2 - The City may require apartment to develop within a PUD, and may restrict this requirement to apartments alone. It has already been established that a PUD requirement would allow the City to be better able to evaluate site-specific concerns. Therefore, a PUD requirement would in fact be a furtherance of an authorized purpose of the City, and the law would not be unreasonable, arbitrary, or constitute an unequal exercise of police power. 1) May we require apartments in an RM district to develop within a PUD, while other uses allowed within an RM district do not have to develop within a PUD? 2) May we require only apartments to develop within a PUD, while not extending the requirement to other uses exclusive to use unit 8? 3) What are the legal considerations for developing spacing requirements for apartments and schools? 4) May the City of Owasso legally require spacing between apartments and schools by ordinance? 5) Assuming we adopted an ordinance, could the City of Owasso require PUD for apartment developments on land already zoned for multi-family use? At the previous discussion, the group articulated five questions relating to the legality of regulating apartments that the staff researched with the City Attorney. Attached with this repOlt is a memorandum of answers to these questions from the City Attorney. The five questions that were posed by this group at the previous discussion were: LEGAL CONSIDERATIONS OF PLANNED UNIT DEVELOPMENTS: By applying apaltment developments to a requirement that they be located within a PUD, the City would be better able to evaluate site-specific concerns. of the RM-2 Multi-family district, the minimum area per dwelling is 3,100 square feet. In order to encourage the use of open space, PUD lot area minimums are only 800 square feet and PUD lot width minimums are only 20 linear feet, though these allowances are unlikely to come into play within an apartment development. Issues such as landscaping, greenbelts, screening, access management, outdoor lighting, and building height are not prescribed by the zoning code, but the Planning Commission and City Council can set forth standards for these issues within the approved PUD and require that the standards be incorporated into the development's subdivision plat. Code requirements that pertain to infrastructure standards, drainage, and floodplain management remain just as they would if the development occurred conventionally instead of within a PUD. 6 1. Staff report for Apartments Example # 1 2. Staff report for Apartments Example #2 3. Memorandum from City Attorney dated November 8, 2004 ATTACHMENTS: The staff finds that the most appropriate way to mitigate any issues that cause apartments to be incompatible with their neighboring land uses is to require that apartment developments be located within a PUD. EINDING:, QUESTION #5 - The City may require PUD for apmtment developments on land already zoned for multi-family use. Since the property owner, who currently has an expectation that the property can be used for apartments, would still be able to use the property for apartments after the regulation goes into effect, the PUD requirement may be extended to land already zoned for multi-family use. The City Attorney's memo clearly states, "Admittedly, the technical requirements for the implementation and enjoyment of such use would change; however, the permitted use would otherwise remain unchanged." separate schools from apartments, a similar purpose would have to be found that would create a need for students to remain separate from apartments or from the effects of apartments. 1 According to Owasso' s codes, there are two land uses that must exhibit spatial separation from schools. Establishments that sell alcoholic beverages must be located at least 300' away from a school. Sexually oriented businesses must be located at least 1,000' away from a school. ZONING RESTRICTIONS AROUND SCHOOLS - Five schools within the Owasso Public School District are currently situated adjacent to multi-family zoning districts. These include Ator, Barnes, Hodson, Northeast, and Smith. EXISTING SCHOOLS ADJACENT TO MUL TI-F AMIL Y ZONING DISTRICTS _ The Owasso Zoning Code currently provides for apartments to be located on any property zoned for multi-family use. If that property lies adjacent to RS single-family, RE estate, or RD duplex districts, then the apartments must be screened from those districts by a screening wall or fence. CURRENT ZONING REGULATIONS FOR APARTMENTS - In June of this year, the staff was directed to evaluate the various issues concerning schools and multi-family zoning regulations. This directive stemmed from an action to rezone a tract of land adjacent to an Owasso school for RM-2 Apartment use. The action drew significant attention from area property owners, and the City Council expressed a desire to conduct a dialogue on the issue with Planning Commission and School District officials. BACKGROUND: 2004 AND MULTI-FAMILY ISSUES CONCERNING ZONING REGULATIONS ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR FROM: RODNEY RAY CITY MANAGER TO: MEMORANDUM 2 In order to be able to accurately evaluate these four alternatives, the staff first examined the ten specific concerns from which the four alternatives stemmed. TEN CONCERNS EXPRESSED ABOUT APARTMENTS: The issues were combined into general alternatives, and these alternatives are 1) Creating distance requirements in the zoning code to require a certain spacing between school buildings and apartment buildings, 2) Prohibiting the rezoning of land near schools for multi-family use, 3) Leaving the regulations as they currently stand, and 4) Requiring that apartments be developed within Planned Unit Developments (PUD's) so that specific restrictions could be placed upon them in a case by case basis. 1. Crime 2. Traffic 3. Property Values 4. Income Levels of Multi-family Housing Residents 5. Loss of the Sense of Neighborhood in Nearby Subdivisions 6. Burden on School System 7. Screening 8. Fencing 9. Playground 10. Distance Between Apartments and School The staff arranged for the dialogue of schools and apartments to begin with a discussion between eleven city and school officials. The purpose of this dialogue is to determine whether it is appropriate to locate multi-family uses (chiefly apartments) near schools. The first discussion was held on August 9, 2004. During this meeting, specific issues that had been expressed by the property owners during the rezoning process were talked about. The ten specific issues that were noted by the staff are: PREVU>US MEE1JNG BETWEEN .CITY AND SCHOOL OFFICIAL~: Traditionally, it is considered appropriate to locate schools within the interior of neighborhoods, as a focal point for those areas surrounding the school. Alternately, commercial/retail uses are suggested for placement along heavily-traveled arterials, away fl.-om the interior of neighborhoods. Between the schools on the interior and the commercial uses on the arterials, it is suggested in planning practice to place residential uses, with single-family uses buffered from the schools on the interior and from the commercial on the arterials by multi-family uses. Apartments and other forms of multi- family uses provide not only the density to support the schools and areas of commerce, but their placement near schools provides a relatively high concentration of students access to the school, reducing traffic congestion and increasing pedestrian safety. TRADITIONAL PLANNING RATIONALE - 3 An additional concern that is often raised when a property is considered for multi-family use is that a new apartment development will result in an unreasonable increase in traffic levels. TRAFFIC - Based on the above information provided by the Owasso Police Department and researched by the statT, the staff finds that the presence of apartments is not a reason to expect an increase in a neighborhood's rate of crime. The study found that some apartment residents choose to live in apartments because they feel more secure in apartments than in single-family housing; they perceive that because there are so many people coming and going that it is more difficult for criminals to act without being discovered. Some recent apartment developments have strengthened that perception by including built-in alarms and controlled access systems into their buildings. A recent study relating crime rates and apartments cited a 1996 analysis in Arizona that found that when police data are analyzed on a per-unit basis, apartments actually create less demand for police services than a comparable number of single family houses. 1 In Tempe, AZ a random sample of 1,000 calls for service showed that 21 percent came from apatiments, while over 30 percent of Tempe's population lived in apartments in 1996. Similarly that same year, a random sample of 600 calls for service in Phoenix, AZ found that an apartment unit's demand for police services was 42 percent of the demand created by single-family houses, when the number of apartment households equaled the number of single-family households. During the August 9th discussion, Police Chief Yancey reported that Owasso's records indicate no discernable correlation between apartments and crime rates in Owasso. Subsequent to this repOlt, the staff researched the influence of multi-family housing upon crime rates from a national perspective. Discussions of apartments commonly include concerns that the development of apartments will result in an increase in the crime rate in their neighborhood that is higher than it would be if the neighborhood consisted solely of single-family uses. But much of that belief may be based on incorrect perceptions. People may tend to think of apartment properties as a single "house". But an apartment propeIty with 250 units is more accurately defined as 250 houses. A resident may mentally record every police visit to an apartment development as happening at a single house, but to tmly compare crime rates between apartments and single-family houses, the person would have to count each household in the apartment development as the equivalent of a separate single-family house. When we do that, we might find that crime rates between the different housing types are comparable. CRIME - 4 The Urban Land Institute reports that between 1987 and 1995, the average annual appreciation rate for single-family houses within 300 feet of an apartment building was 3.12 percent, compared to 3.19 percent for single-family houses not near an apartment property"!. It is reasonable to speculate that if not properly designed, apartments might detract from a neighborhood's value. Conversely, if a reasonable investment is made in the design of apartment developments, it is likely that a neighborhood's value would be enhanced. Another concern presented by concerned owners of property in the vicinity of the property considered for multi-family zoning was that the development of apartments would lower their property values. PROPERTY VALUES - Based on the local and national information described above, the staff finds that concerns about increased levels of traffic can been adequately addressed. There is a need to be able to study the impact that apartment developments have on traffic flows. If this need could be addressed early in the planning process, citizens and city officials alike could be better informed, and thereby use that information to make decisions that could transform an entire area of the community. For a national perspective, the staff examined the 1999 American Housing Survey2, prepared by the U.S. Census Bureau. The report stated in part that apartments can help improve traffic congestion for two reasons. One reason for this finding listed by the survey is that apartment residents average one motor vehicle per household, while owner- occupied houses average two vehicles. Further, data from the Institute of Transportation Engineers indicates that apartment households generate 30 to 40 percent fewer vehicle trips than single-family units." Of course, since apartment developments result in a more densely arranged population than single-family developments, there could be more vehicle trips per acre with apartments, even though there are fewer vehicle trips per dwelling unit with apartments. An example of the traffic concern can be recalled in the case of the rezoning around Smith Elementary School. At that time, the issue was addressed by explaining that any development located on the property considered for the multi-family zoning would have to include a street connection to East 96th Street North. The street connection would be made via the construction of a service road along the east side of the Owasso Expressway. If apartments were to develop on the subject property, the staff would require that the access into the site be from the north, not from the west or south - the directions leading toward the existing residential neighborhoods. The new access to the north might also decrease traffic commuting to the school, as some parents taking their children to the elementary school would likely choose to access the school from 96th Street instead of 86th Street, thereby lessening the volume oftraffic on 123rd East Avenue connecting the school to 86th Street. It might also be practical tor some school bus routes to be adjusted to access 96th Street rather than 86th Street. 5 First, the staff finds that with proper site planning, with proper attention to landscaping and architectural design, there is no reason why apartments should be separated physically from the neighborhood around them. Indeed, if multi-family housing can be designed to be compatible with existing neighborhoods, then apartments could become an indispensable enhancement to a neighborhood. Another concern typically expressed by citizens during rezoning processes is that new developments will cause existing neighborhoods to lose some of their sense of community. The concern includes assumptions that apartment dwellers would not become participatory citizens of the community, and would not contribute to the area's sense of identity. LOSS OF THE SENSE OF NEIGHBORHOOD AND COMMUNITY INVOLVEMENT IN NEARBY SUBDIVISIONS - The staff finds that there may be some instances in Owasso where the location of low- income apartments might be inappropriate, while realizing that not all apartment developments offer housing opportunities to low-income households. The staff has not researched the relationship between income levels and test results or crime rates. However, there exists a variety of housing options among apartment choices. Some apartments offer housing opportunities to low-income households, while other apmtments are too expensive for low-income households. On one hand, the Owasso Master Plan does recommend that the community should have as many types of housing options as possible. On the other hand, it may be less than desirable to locate low-income housing within established neighborhoods near existing elementary schools. Contributing factors to the feasibility of constructing low-income apartments could include landscaping requirements and architectural requirements, which may require investments too great for the development oflow-income apartments. Another concern that has been brought forward during the discussion of the relationship between apartments and schools is that apartment households have income levels less than that of single-family households. This concern stems from a belief that an increase the number of lower-income households could lead to corresponding increases in test results in school and higher crime rates. INCOME LEVELS OF MULTI-FAMILY RESIDENTS - The staff finds that, through environmental planning and exterior landscaping, apartments can be made fully compatible with surrounding single-family neighborhoods in Owasso, in a manner that does not threaten the neighborhoods' property values. 6 Another observation commonly expressed by property owners is that new developments of apartments would unduly over-burden the local school system, in many cases perceived to already be overcrowded. BURDEN ON THE SCHOOL SYSTEM- Based on the above data, the staff finds that there is insufficient evidence to believe that apartment residents would not contribute to their neighborhood and community. Two-thirds of apartment residents are found to be at least somewhat interested in local politics, about 5% less than the house owners. The majority of apartment residents (60.3%) identify closely with their town or city of residence, and four percent more of house owners do the same. Religious institutions may be important focal points for social and charitable activities. The results of the study indicate that nearly half of all apartment residents attend religious services at least once a month, while slightly more than half of all house owners do so. An immediate and personal form of community involvement could be considered to be socializing with one's neighbors, captured on the left side of the chart above. The data suggests that apartment residents interact with their neighbors significantly more than do house owners. Percent SOITJevWlat to Very Interested in Local Politics Percent \M1O Identify wth ToVlKl Percent Percent \MlO Interacting wth Attend Church Neighbors ~ Apartment Residents iii! House Owners 80.0% 70,0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0,0% To answer the second part of the concern, an issue more social in nature than physical, the staff researched the findings of the University of Chicago's National Opinion Research Center, who conducted a lO-year study of 8,958 respondents5, some of whom resided in apartments and some of whom resided in single-family houses. The results of the study are reflected in the chart shown below. 7 Similarl y to the staff's finding regarding landscaping screening above, the staff finds that it would, be preferable to examine the fencing requirements for a multi-family Fencing is a type of screening and visual separation different from traditional landscaping types of screening. Fencing can provide a measure of security for a development, and often makes a new development more acceptable for users of adjacent land. Fencing is almost always a primary issue for property owners who live adjacent to land being considered for development. FENCING - The staff finds that it would be reasonable to desire to know how a multi-family development would be landscaped and screened from adjacent properties during the land use (zoning) part of the planning process, and earlier than the site planning part of the process, as is currently the case in Owasso. Similarly to the benefits that a detailed, early review of a specific development's design would provide for evaluating traffic and property value issues, such review could prove invaluable to determine what type of screening would be necessary for a new development. Landscaping always plays a primary role in any development's compatibility with its environment and surrounding land uses. Landscaping is used to soften the transition between uses, and can also enhance the appearance and perception of a development. Another common concern of property owners during the rezoning process is about how a new development would be screened from adjacent propexty, a concern that stems from a need that adjacent land uses be compatible with each other. During the rezoning, the staff's typical response to this concern is that screening is a facet of development that is reviewed during the site planning stage of development, not during the zoning stage of development. SCREENING - The staff finds that the data suggests that apartments do not place an added burden on school districts. In fact, the higher percentage of child-less households in apartment developments may actually help fund the school system by paying their developments' property taxes through their monthly rent. To analyze this concern, the staff again researched the 1999 American Housing Survey by the Census Bureau2. According to the AHS, single-family owners are significantly more likely to have school-age children than apartment renters. There are, on average, 64 school-age children for every 100 owner-occupied single-family houses, while there are 21 children for every 100 apartments. From the data, it appears that, on a unit.,by-unit comparison, singl<~-family houses are home to more school children than apartments. Nationally, 70 percent of school children live in owner-occupied housing (though this figure does include more housing types than just owner-occupied single-family houses). 8 As mentioned earlier in the memorandum, the ten concerns have been discussed and combined into general alternatives, and these alternatives are 1) Creating distance requirements in the zoning code to require a certain spacing between school buildings and apartment buildings, 2) Prohibiting the rezoning of land near schools for multi-family use, 3) Leaving the regulations as they currently stand, and 4) Requiring that apartments be developed within Planned Unit Developments (PUD's) so that specific restrictions could be placed upon them in a case by case basis. FOUR PLANNING ALTERNATIVES TO ADDRESS THE CONCERNS: Another issue involving separation between schools and apartments is "how far is far enough?" It is very difficult to determine by what means one should determine how far apart to space apartments from schools. Additionally, does the municipal government have the right to require that these types of land uses be separated? Thus far, the staff has found no empirical evidence to indicate that the city has any legitimate authority to forward a regulation that mandates the separation of schools and multi-family uses. There appear to be some possible benefits of locating apmiments near schools. Students of the school could walk to school if the apartments were near the school, while they might have to take the bus to school if the apartments were located farther away. Traffic levels around the school might be less in the morning and afternoon if a portion of the school's students lived within walking distance. The level of safety to pedestrians (namely the students) might increase if the students had a relatively short walk to school and if the traffic levels around the school were decreased. Another topic of consideration that surfaces during the discussion of apartments is that of requiring a certain amount of separation between multi-family uses and schools. SEP ARATION -- The stafr tlnds that it is reasonable to expect a school to the focal point or a neighborhood, similarly to a park or perhaps a church. The outdoor areas of a school, such as soccer fields and playgrounds, could provide much-needed recreational resources for area residents, whether those residents happen to live in single-family houses or multi-family apartments. Another concern that has been expressed in the past is that apartment residents located near schools would use the facilities at the schools, such as playgrounds, after hours when classes are not being held. PLAYGROUND - development during the land use part of the process, prior to the site planning part of the development process. 9 The staff recommends that the city and school officials involved in this discussion of the relationship between schools and apartments find that the most reasonable option to use in the effort to make apartment developments compatible with schools is to require that apartments be located within Planned Unit Developments. RECOM..MENDAUON: By applying apartment developments to a requirement that they be located within a PUD, the city would be better able to evaluate site-specific concerns. In the case of the property near Smith Elementary that was the catalyst for this discussion, a PUD application would have allowed the Planning Commission and City Council to consider the effects that the project would have on traffic and on the existing development near the site. Currently, the city must wait until the project is proposed via a site plan to make such considerations. PUD's are allowed by the Owasso zoning code to any type of development. By placing a development within a PUD, a developer may have some options that are not available by placing the property within a conventional zoning district. One of these options is the ability to have multiple land uses within the same development, while other options include relaxed bulk and area requirements and setback requirements. PUD's have advantages for the city, as well as the developer. When reviewing an application for a PUD, the Planning Commission has broad authority to recommend specific standards for screening, landscaping, access management (such as driveways), architectural features such as masonry facades, and other features that are specific to that certain site under reVIew. BENEFITS OF REQUIRING PLANED UNIT DEVELOPMENTS --. The staff does recognize, with the research above, that several significant planning factors must be accounted for when considering whether to approve the development of apaItments near schools. Many of the items, such as traffic, maintaining adjacent land values, compatibility with adjoining land uses, screening, and fencing should be considered individually, since all properties and their situations are unique. The one alternative that truly allows the city to review these concerns individually is the requirement that apartments be developed within Planned Unit Developments (PUD's). ANALYSIS: 10 5. General Social Survey. 1996, Chicago: National Opinion Research Center, the University of Chicago. : The Urban The Case for Multifamily Housing. 1991. Washington Institute. Study conducted between 1987 and 1995. 4. 3. Data from the Institute of Transportation Engineers as reported by Niles Bolton Architect. 2002: Washington D.C. National Housing Survey, 1999. Washington D.C.: U.S. Census Bureau. 1. Elliot D. Pollack and Company. 1996. Economic and Fiscal Impact of Multi- Family Housing. Arizona: Arizona Multihousing Association. REFERENCES Traditionally, it is considered appropriate to locate schools within the interior of neighborhoods, as a focal point for those areas surrounding the school. Alternately, commercial/retail uses are suggested for placement along heavily-traveled arterials, away from the interior of neighborhoods. Between the schools on the interior and the commercial uses on the arterials, it is suggested in planning practice to place residential uses, with single-family uses buffered from the schools on the interior and from the commercial on the arterials by multi-family uses. Apartments and other forms of multi- family uses provide not only the density to support the schools and areas of commerce, TRADITIONAL PLANNINGRATIQNALE: According to Owasso's codes, there are two land uses that must exhibit spatial separation from schools. Establishments that sell alcoholic beverages must be located at least 300' away from a school. Sexually oriented businesses must be located at least 1,000' away fi'om a school. ZONING RESTRICTIONS AROUND SCHOOLS: Five schools within the Owasso Public School District are currently situated adjacent to multi~family zoning districts. These include Ator, Barnes, Hodson, Northeast, and Smith. E~J~TING SCHOOLS ADJACENT TO MJ]LTI-FAM.J:LX ZOl;UNGDISTJllCTS: The Owasso Zoning Code currently provides for apartments to located on any property zoned for multi-family use. If that property lies adjacent to RS single-family, RE estate, or RD duplex districts, then the apartments must be screened from those districts by a screening wall or fence. ~URRENT ZONING REGULATIONS F.oE. APARTMENTS: August 2004 MUL TI-FAMa Y ISSUES CONCERNING ZONING REGUJ",A TIONS F~RIC WILES COMMUNITY DEVELOPMENT DIRECTOR FROM: RODNEY RAY CITY MANAGER TO: MEMORANDUM but their placement near schools provides a relatively high concentration of students easy access to the school, reducing traffic congestion and increasing pedestrian safety, traffic signal for baptist village at 76 and 126 ATTACHMENTS: A. Site Plan B, Project Cost Estimate RECOMMENDATIONS: Staff recommends Council approval of a supplemental appropriation to the FY 2004-05 General Fund Street Department budget in the amount of$40,000. FUNDING: Because this was not a budgeted proj ect in the FY 2004-05 Street Department budget, a supplemental appropriation is needed. This supplemental appropriation would be made to the Street Department in the amount of $40,000 and would result in a reduction of the General Fund balance of the same amount. There are sufficient funds available in the General Fund balance for the appropliation. The total cost for this project is estimated at $40,000. A detailed itemization of that estimate is also attached for your review. The portion of the project considered most costly - the design for purchasing and sequencing, the installation of all equipment, and the associated labor and mateIials - is estimated to be $24,000. The remaining funds would purchase the mechanical controllers, perform the necessary boring of the streets, and allow for final striping of the intersections. The work will include the installation of four traffic signals (obtained fi'om previously upgraded City intersections) and one new controller to be located at E. 76th Street NOlih and N. 126th/N. 12ih East Avenue intersections (see Attachment A). Traffic signals will be refurbished with new LED lights to be in compliance with the city's standards. The work is to be completed by March 2005. BACKGROUND: In response to increasing traffic volumes along E, 76th Street North (east of U.S. Highway 169), it is recommended that a new traffic signal be installed at the intersection of N. 126th and 12ih East Avenues to facilitate safe access to and from the Baptist Retirement Center (12600 E. 76th Street North) and the Elm Creek/Double Oaks additions. February 11, 2005 SUBJECT: SUPPLEMENTAL APPROPRIATION REQUEST IN FUND TRAFFIC SIGNAL INSTALLATION FROM: TIMOTHY D ROONEY ASSIST ANT CITY MANAGER TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO MEMORANDUM $40,000 $ 2,000 $24,000 $ 2,500 3,000 3,000 2,500 2,000 1,000 $14,000 TOTAL ESTIMATE Striping By Contract Intersection Striping Signals By Contract Design for phasing, sequencing, all equipment, labor and miscellaneous materials ~ity Purchases Needed Controller Cabinet LED Modules Reinforced Steel Cable & Wire Anchor Bolts TOTAL Please accept the following as an estimate of costs anticipated for signal installation on E. 76th Street North and N. 126th / N. 12ih E. Avenues: DATE: February 9,2005 SUBJECT: PROJECT COST ESTIMATE 76TH STREET NORTH SIGNALS FROM: PHIL LUTZ ENGINEERING DIVISION TO: TIMOTHY D. ROONEY ASSIST ANT CITY MANAGER MEMORANDUM The fire department does not currently have a four-wheel drive vehicle to respond to EMS calls in inclement weather, and has previously needed one to respond where an ambulance could not. The vehicle needs to be large enough to fold the back seats down to place a patient in the rear of the vehicle. Additionally, the fire depmiment has one rescue trailer and has received a grant for FIRE DEPARTMENT The fire department budget provides funding for a new administrative vehicle in FY 2004-2005. This vehicle purchase will replace a 1993 Chevrolet Caprice that the department currently has in its fleet. The 12 year old vehicle was transfeITed to the fire depmiment after being used by the police department for nine years as a patrol unit. Currently the vehicle has over 120,000 miles of usage. The request is for the department to purchase one (1) four-wheel dIive Ford Expedition Utility Vehicle for fire department administrative and operational purposes. The FY 2004-2005 operating budget provides funding for the purchase of two vehicles; one police 4-door sedan for the patrol division and one utility vehicle for the purpose of having one four-wheel dlive per shift in cases of inclement weather. In September 2004, the depmiment purchased the police sedan and is now seeking to purchase one (1) four-wheel drive Ford Expedition Utility Vehicle. If the purchase of the vehicle is approved, only two shifts will remain that will require such a vehicle to meet the goal of having one four-wheel drive vehicle on each shift. Plans to purchase the remaining two four-wheel drive vehicles will be included within the police department budget submittals over the next two years. POLICE DEPARTMENT: Currently the department's fleet has 36 vehicles to accommodate 27 patrol officers, 5 detectives and 30 reserve officers. Of those cars, eight are at least seven years old. The City of Owasso currently has assigned one vehicle per officer for clime prevention purposes, to reduce maintenance costs, and to encourage employee ownership resulting in better care and longer vehicle life. DATE: Febmary 3,2005 SUBJECT: REQUEST TO PURCHASE TWO UTILITY VEHICLES LONNY FISHER FIRE CHIEF DAN YANCEY POLICE CHIEF FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TO: MEMORANDUM 2 RECOMMENDATION: Staff recommends Council award the bid for the purchase of two (2) four-wheel drive 2005 Ford Expeditions to Doenges Ford in Bartlesville, OK for the amount of $50,134 for use in the police and fire departments. REQUEST: This request is for approval to purchase two (2) four-wheel drive 2005 Ford Expeditions in the amount of $50,134.00 from Doenges Ford in Bartlesville, OK. If approved for purchase, the departments will place the order for these vehicles and the vehicles would then be delivered within 6-8 weeks, FUNDING: Adequate funding for this purchase is available within the "Capital Outlay - Vehicles" line item of both the Police and Fire Department Budgets. RESULTS: In January 2005 three (3) vehicle dealerships, Danny Beck Chevrolet, Classic Chevrolet and Doenges Ford submitted documentation to participate in the reverse bid auction. On January 21, 2005 at 2:00 PM the bid process began with a total of 30 bids placed from the three noted vendors, dming the 30 minute period. The final low bid noted in this reverse auction was from Doenges Ford in the amount of $25,067.00 per vehicle, approximately $500.00 per vehicle below the 2005 state bid price. Specifications set forth in the bid required the standard three- year, 36,000 mile bumper to bumper wan'anty. METHOD OF PURCHASE: Recently the police and fire department contacted support services in order to utilize the new method of purchasing that was introduced to the city in December 2004. The new method offered by Ecuity uses a form of reverse bidding which allows municipal governments to post bid specifications on the internet, invite vendors to bid, set a time frame for bidding and in the process watch vendors compete (real time) for the winning bid. a Haz-Mat trailer. While the existing suburban and pick-up could pull either, they are not four- wheel drive and would not accommodate taking the trailers off road to the scene of a response. The request is for the department to purchase one (1) four-wheel drive Ford Expedition Utility Vehicle for fire depmiment administrative and operational purposes. UTILITY VEHICLE PURCHASE POLICE AND FIRE DEPARTMENTS Page 2 of2 AGREEMENT FOR CROSSING OF RAILROAD FACILITIES: A segment of the proposed 30-inch water transmission main will be constructed under the existing South Kansas & Oklahoma Railroad tracks, located at the southeast comer of E. 106th Street North and N. Mingo Road (see Attachment A). As part of a licensing agreement, and prior to commencement of constmction work within railroad right-of-way, the City must agree to a one-time payment to South Kansas & Oklahoma Railroad in the amount of $1,500 (see Attachment B). This payment will be in lieu of any rental obligation which otherwise might be charged annually by the railroad for the rights granted. The Agreement has a term of twenty-five (25) years from the date of execution. Contract documents, including drawings, specifications and bidding documents were completed and advertised in December 2004. On Febmary 1, 2005, Council awarded a contract for construction of North Service Area Transmission Line - 24 and 30 Inch Lines - Phase I to McGuire Bros. Construction Company (the responsive and responsible low bidder) in the amount of $1,698,332. A Notice to Proceed will be issued in Febmary 2005 for completion of the work by October 2005. BACKGROUND: As part of the Waster System Improvements (Phase I), this project provides for the constmction of 3,900 linear feet of 30-inch water transmission piping from the comer of E. 106th Street NOlih and N. Mingo Road to the site of the new water storage tank currently under construction. Also included are 5,200 linear feet of 24-inch water transmission piping from the tank to a connection point with the City of Owasso's water transmission system along N. Garnett Road near E. 98th Street North. The work will be coordinated to integrate with the extension of a 24-inch transmission line along N. Garnett Road constructed concurrently with the road improvements. Constmction of the remainder of the transmission piping to the City of Tulsa connection vault and a booster pump station located in the base of the new storage tower will be completed as part of a separate project to begin in June 2005. Febmary 9,2005 DATE: NORTH SERVICE AREA TRANSMISSION LINE PHASE I - WATER SYSTEM IMPROVEMENTS RAILROAD AGREEMENT SUBJECT: ANA C, STAGG, P.E. PUBLIC WORKS DIRECTOR FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: A. Proj ect Map B. South Kansas & Oklahoma Railroad License Agreement RECOMMENDATIONS: Staff recommends Council approval of authority for the Mayor to execute a License Agreement between South Kansas & Oklahoma Railroad and the City of Owasso in the amount of $1,500. Such Agreement will be for the constmction of a new 30-inch water transmission line under existing railroad tracks at the intersection of 106th Street North and N. Mingo Road. FUNDING: Funding for the project is provided by Vision 2025. The City Attorney has reviewed this agreement and found it acceptable. Page 2 of2 Railroad License Agreement North Service Area Transmission Line 1. The Licensee shall pay to Railroad upon the execution hereof, the sum of ONI~-THOlISAND FIVE-HUNDRED DOLLARS ($1,500.00) for the cost of In accordance with construction plans, submitted by Licensee to and approved by the Property Manager, incorporated herein by reference; also in accordance with Clment issues of Railroad Specifications Nos. RB 4 and/or RB 8; all and any part thereof being hereinafter refelTed to as the "FACILITIES"; said license, however, shall be under and subject to the following terms, covenants and conditions as hereinafter recited, which are hereby accepted and agreed to, by Licensee, to wit: LOCATION: below the tracks, right of way and property owned by Railroad at or near 51' South of the North line of Section 18, Township 21 North, Range 14 East, County of Tulsa, State of Oklahoma. (1) Pipeline Agreement as hereinafter more fully described 011 the attached Exhibit "A." WITNESSETH, that said Railroad (which when used herein shall include any lessor, successor or assignee of or operator over its railroad) insofar as it has the legal right and its present title permits, and in consideration of the covenants and conditions hereinafter stated on the part of Licensee to be kept and perfOlmed, hereby permits, as a temporary license, Licensee to construct, maintain, repair, alter, renew, relocate and ultimately remove: THIS AGREEMENT, made this _ day of February, 2005 between SOUTH KANSAS & OKLAHOMA RAILROAD, which has a mailing address at 315 WEST 3RD, PITTSBURG, KANSAS 66762 pariy of the first pari (hereinafter called "Railroad"), and City of Owasso having a mailing address at 301 West 2nd Avenue, Owasso, Oklahoma 74055 as party of the second part (hereinafter called "Licensee"). LICENSE AGREEMENT FOR WIRE, PIPE AND CABLE TRANSVERSE CROSSINGS AND LONGITUDINAL , - OCCUPATIONS OU1'H KANSAS & OKLAHOMA RAII.JROAD #520251 ATTACHMENT B 3. If Licensee desires or is required, as herein provided, to revise, renew, add to or alter in any manner whatsoever the aforementioned Facilities, it shall submit plans to Railroad and obtain the written approval of the Property Manager thereto before any work or alteration of the structure is performed and the terms and conditions of this Agreement with respect to the original construction shall apply thereto. Railroad reserves the right to make adjustments in the rental charges. (c) In addition to, but not in limitation of any of the foregoing provisions, if at any time Railroad should deem inspectors, flagmen or watchmen desirable or necessary to protect its operations or property, or its employees, patrons or Licensees during the work of construction, maintenance, repair, alteration, renewal, relocation or removal of said Facilities, of Licensee, Railroad shall have the light to place such inspectors, flagmen, or watchmen at the sole risk, cost and expense of Licensee, which covenants and agrees to bear the full cost and expense thereof and to promptly reimburse Railroad upon demand. The furnishing or failure to furnish inspectors, flagmen, or watchmen by Railroad, however, shall not release Licensee from any and all other liabilities assumed by Licensee under the terms of this Agreement. (b) The work of constructing, maintaining, repaiIing, altering, renewing, relocating or removing the said Facilities shall be done under such general conditions as will be satisfactory to and approved by the PropeIiy Manager, or his designee, and as will not interfere with the proper and safe use, operation and enjoyment of the property of Railroad. Licensee, at its own cost and expense, shall, when performing any work in connection with the Facilities, furnish any necessary inspectors, flagmen or watchmen to see that men, equipment and materials are kept a safe distance away from the tracks of Railroad. 2. (a) The Facilities shall be located, constructed and maintained in exact accordance with said construction plans and for the purpose as outlined in Page 1. No departure shall be made at any time there from except upon permission in writing granted by the Property Manager, or his designee, provided, however, that if any commission or other regulatory body duly constituted and appointed in compliance with the laws of the State in which the crossing or occupancy herein provided is situated, and having jurisdiction in the premises, has by ruling or other general order detennined and fixed the manner and means of constmction, maintenance, repair, alteration, renewal, relocation or removal thereof, then said mling or general order shall prevail for the crossing or occupancy herein mentioned. the license and fee. This payment shall be in full satisfaction of any rental obligation which otherwise might be charged annually by Railroad to Licensee for this license and the lights granted hereby. (b) And Licensee also covenants and agrees to and shall at all times indemnify, protect and save harmless Railroad from and against all cost or expense resulting from any and all losses, damages, detriments, suits, claims, demands, costs and charges which the said Railroad may directly or indirectly suffer, sustain or be subjected to by reason or on account of the construction, placement, attachment, presence, use, maintenance, repair, 7. (a) It is understood between the pmiies hereto that the operations of Railroad at or near the Facilities involve some risk, and Licensee as part of the consideration for this license hereby releases and waives any right to ask for or demand damages for or account of loss of or injury to the Facilities (and contents thereof) of Licensee that are over, under, upon or in the property and facilities of Railroad including the loss of or interference with service or use thereof and whether attributable to the fault, failure or negligence of Railroad or otherwise. 6. Licensee shall comply with all Federal, State and Local laws, and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of the Railroad. (b) The light of supervision over the location of the constmction work and inspection of the Facilities from time to time thereafter by Railroad, shall extend for an appropriate distance on each side of the property of Railroad as the method of construction and mateIials used may have an important bearing upon the strength and stability of the Facilities over, under, upon or in the property of Railroad. 5. (a) The supervision over the location of the constmction work and inspection of the Facilities and the approval of the material used in construction, maintenance, repair, alteration, renewal, relocation and removal of the aforesaid Facilities covered by this Agreement shall be within the jurisdictional rights of Railroad. (b) In the event of an emergency, Licensee will take immediate steps to perform any necessary repairs, and in the event Licensee fails so to do, Railroad will perform said necessary repairs at the sole cost and expense of Licensee. 4. (a) Licensee shall at all times be obligated to promptly maintain, repair and renew said Facilities; and shall, upon notice in writing from Railroad and requiring it so to do, promptly make such repairs and renewals thereto as may be required by Railroad; or Railroad, for the purpose of protecting and safeguarding its property, traffic, patrons or employees from damage or injury, may with or without notice to Licensee at any time make such repairs and renewals there to and furnish such material therefore as it deems adequate and necessary all at the sole cost and expense of Licensee. 9. Licensee shall, at its sole cost and expense, upon request in writing of Railroad, promptly change the location of said Facilities covered by this Agreement, where located over, upon or in the property and facilities of Railroad, to another location, to permit and accommodate changes of grade or alignment and improvement in or additions to the facilities of Railroad upon land now or hereafter owned or used by Railroad to the intent that said construction shall at all times comply with the teIIDS and conditions of this Agreement with respect to the original construction; or in the event of the lease, sale or disposal of the premises or any pmi thereof encumbered by this license, then said Licensee shall make such adjustments or relocations in its Facilities as are over, upon or in the property and facilities of Railroad as may be required by said Railroad or its grantee; and if Licensee shall fail or refuse to comply therewith, then the duly authorized agents of Railroad 8. All cost and expenses in connection with the construction, maintenance, repair, alteration, renewal, relocation and removal of said Facilities shall be bome by Licensee, and in the event of work being perfOlIDed or material furnished by Railroad under the stipulated right to perform such work of construction, maintenance, repair, alteration, renewal, relocation or removal under any section hereof, Licensee agrees to pay to Railroad the actual cost of material plus the cun"ent applicable overhead percentages for storage, handling, transpOliation, purchasing and other related material management expenses and the actual cost of labor plus the current applicable overhead percentages as developed and published by the accounting depmiment of Railroad for fringe benefits, payroll taxes, administration, supervision, use of tools, machinery and other equipment, supplies, employers liability insurance, public liability insurance and other insurance, taxes and all other indirect expenses. It is to be understood that the aforementioned material and labor overhead charges are to be applied at the rates which are effective at the time of the performance of any work by employees of Railroad on the said Facilities. Licensee agrees to pay such bills within thirty (30) days of the presentation thereof by Railroad. (c) If a claim or action is brought against either party and for which the other party may be responsible hereunder in whole or in part, such other pmiy shall be notified and permitted to participate in the handling or defense of such matter. alteration, renewal, relocation or removal of said Facilities in, on, about or from the premises of Railroad whether such losses and damages be suffered or sustained by Railroad directly or by its employees, patrons or licensees, or be suffered or sustained by other persons or corporations, including Licensee, its employees and agents who may seek to hold Railroad liable therefore, and whether attributable to the fault, failure or negligence of Railroad or othelwise, except when proved by Licensee to be due directly to the sole negligence of Railroad. 15. This Agreement with the rights granted hereunder shall be for a term of Twenty- five (25) years from the date of execution hereof. 14. The rights conferred hereby shall be the privilege of Licensee only, and no assignment or transfer hereof shall be made, or other use be permitted than for the purpose stated on page 1 without the consent and agreement in writing of Railroad being first had and obtained. 13. As part of the consideration of the within Agreement, Licensee covenants and agrees that no assessments, taxes or charges of any kind shall be made against Railroad or its property by reason of the construction of said Facilities of Licensee, and Licensee further covenants and agrees to pay to Railroad promptly upon bills rendered therefore the full amount of any assessments, taxes or charges of any kind which may be levied, charged, assessed or imposed against Railroad or its propeliy by reason of the construction and maintenance of said Facilities of Licensee. 12. In the event the said Facilities consist of electrical power or communication wires and/or appurtenances, Licensee shall at all times be obligated promptly to remedy any inductive interference growing out of or resulting from the presence of its Facilities; and if Licensee should fail so to do, then Railroad may do so, and Licensee agrees to pay to Railroad on demand the full cost and expense therefore. 11. In the event the Facilities consist of an underground occupation, Licensee will be responsible for any settlement caused to the roadbed, right of way and/or tracks, facilities and appurtenances of Railroad arising from or as a result of the installation of the said Facilities for a period of one (1) year subsequent to the date of completion of the installation, and Licensee agrees to pay to Railroad on demand the full cost and expense therefore. 10. Upon termination of this Agreement or upon the removal or abandonment of the Facilities covered hereby, all the rights, title and interest of Licensee hereunder shall cease and detennine, and this instrument shall thereupon become and be null and void, without any liability on the part of either party to the other party except only as to any rentals and liability accrued prior thereto, and Licensee shall remove its said Facilities and appurtenances from Railroad property, and right of way and all property of Railroad shall be restored in good condition and to the satisfaction of Railroad. If Licensee fails or refuses to remove its Facilities and appurtenances under the foregoing conditions, Railroad shall be privileged to do so at the cost and expense of Licensee, and Railroad shall not be liable in any manner to Licensee for said removal. may make such repairs or adj ustments or changes in location and provide necessary material therefore. 18.4 In the event any cleanup, response, removal or remediation of any environmental condition is required by a governmental entity (hereinafter collectively referred to as "Response Action"), Licensee shall not be entitled to any damages, actual or consequential, by reason of the Response Action's interference with Licensee's use of the Facilities. Licensee shall not be entitled to an abatement in the rent for any interference with Licensee's use of the Facilities due to a Response Action. Licensee shall permit Railroad and its contractors full, unrestricted and unconditional access to the Facilities for the purpose of completing or engaging 18.3 Without limiting any other provision of this Agreement, Railroad shall have the right to enter and inspect the Facilities in order to determine whether Licensee is complying with such laws, rules, and regulations, but no such inspection or absence of inspection by Railroad shall be construed to relieve Licensee of its obligations to comply with all such laws, rules and regulations. 18.2 Without limiting any other provisions of this Agreement, Licensee, at its expense, will at all times maintain and keep the Facilities and all improvements and propeIiy now or hereafter erected or placed thereon, including but not limited to, the structures, equipment, and operations, in compliance with all federal, state, and local laws, rules and regulations designed to prevent or control the discharge of substances in the land, water, or air, and Licensee agrees to indemnify, hold harmless and defend Railroad from and against any and all suits, actions, proceedings, fines, claims, or the cleanup, response, removal or remediation of any environmental condition arising from or alleged to arise from a violation of any such environmental law, rule, or regulation, unless and except where such violation shall have been caused solely by the fault of the Railroad. 18.1 Licensee represents that it has conducted a complete inspection of the Facilities and except as noted herein, finds the Facilities to be reasonably free from pollution-induced conditions. 18. Environmental Compliance 17. Automobile mileage charges incurred by aforementioned Railroad inspectors, flagmen or watchmen in connection with the installation, maintenance, etc., of said Facilities will be based on allowances approved by the United States Government in effect at the time the expenses are incurred. 16. This Agreement shall take effect after signed by both parties. Susan Kimball, Mayor BY: Sherry Bishop, City Clerk City of Owasso, Oklahoma ATTEST: BY: South Kansas & Oklahoma Railroad WITNESS: IN WITNESS WHEREOF, the said parties hereto have caused this Agreement to be duly executed and delivered as of the day and year first above written. The terms of this Agreement shall be binding and effective upon all the parties hereto, and unless and until terminated, as hereinbefore provided, this Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns, subject, however, to the provisions of Article "14" of this Agreement. 19. Licensee hereby holds Railroad harmless from and E.:gainst any and all causes of action,- claims, dama~, demancis, litigation costs, includin&L reasonable attorney fees, suffered J2:L.B.ailroad arisinZ-Qut of or in any way related to Licensee's exercise of Licensee's rights granted hereunder Licensee hereby agreeing to indemnify Railroad for same. in a Response action for which Licensee is responsible should Licensee fail to diligently pursue and complete such Response Action to the satisfaction of Railroad. Railroad's completion of any Licensee's obligations hereunder shall not be deemed a waiver of Licensee's obligations under this Agreement. Railroad shall have the right, but not the obligation, to conduct reasonable inspections of Licensee's Response Action and Licensee shall provide Railroad all infOlmation requested by Railroad regarding Licensee's Response Action or any environmental condition for which Licensee is responsible. Relocation costs will be based on a fixed percentage (53.4%) of actual relocation costs. The amount of compensation is not to exceed $42,000. PSO will award and pay for the work based on competitive bids or continuing contract, whichever is deemed most practical and economical by PSO. AGREEMENT FOR ELECTRIC DISTRIBUTION FACILITIES RELOCATION: The Agreement (see Attachment B) contains language outlining how PSO will be reimbursed for the work and what the relocation costs will be based on. PSO cunently maintains poles and overhead distribution lines within approximately 2,640 linear feet of a fifteen (15) foot utility easement granted to PSO by Hayward and Betty Jane Smith in December 2000. This portion will have to be relocated at an estimated cost to the City of $38,035.00 (but not to exceed $42,000) including material, labor, and contract administration. Public Service Company (PSO), Southwestern Bell (SBC), Oklahoma Natural Gas (ONG) and Cox Cable have engineered the relocation of utilities to allow for the constmction of the improvements. Much of PSO's facilities is located in the public right-of-way and will be relocated at no cost to the City. However, a portion is located within dedicated easements. PSO requests compensation for vacating these easements and relocating their facilities in the new right-of-way for the project. BACKGROUND: Included in the Capital Improvements Plan, the project consists of the widening of N. Garnett Road from E. 86th Street NOlih to E. 96th Street North, complete with the construction of five lanes of roadway, new sidewalk, curb and gutter, and signalization improvements at the intersection of E. 86th Street NOlih (see Attachment A). The work will be integrated with improvements to E. 96th Street North and N. Garnett Road intersection to be completed prior to the expected opening of the Smith Fann shopping center (anticipated to be around October 2005). DATE: Febmary 15, 2005 SUBJECT: AGREEMENT FOR ELECTRICAL DISTRIBUTION FACILITIES RELOCATION WITH PUBLIC SERVICE COMPANY OF OKLAHOMA ~ GARNETT ROAD - EAST 86TH STREET NORTH TO EAST 96TH STREET NORTH IMPROVEMENTS FROM: ANA Co STAGG, P,E. PUBLIC WORKS DIRECTOR TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO MEMORANDUM ATTACHMENTS: A. Site Map B. Agreement and prior easement description RECOMMENDATIONS: Staff recommends Council approval of authority for the Mayor to execute the Relocation Agreement between Public Service Company of Oklahoma and the City of Owasso (for N. Garnett Road Improvements) for an amount not to exceed $42,000. FUNDING: Sufficient funds remain in the Capital Improvements Fund for this project. The City Attorney has reviewed this agreement and found it acceptable. Page 2 Agreement For Electric Distribution Facilities Relocation North Garnett Road - E. 86th Street North to E. 96th Street North Grading, Paving, Drainage and Signalization Improvements This contract shall not be assigned without the written consent of City and no assignment of this agreement shall be valid without the written consent of City. v Company shall furnish indenmify and hold City harmless of and from any and all claims, suits, actions or judgments, of whatever nature, including but defending any such action or claims, or appeals there from, which arise out of or are occasioned by Company's construction or relocation of said electrical facilities or arising out of or occasioned by Company's use of said premises or arising out of or occasioned by any acts of Company's agents, servants, employees, invitees, licensees, subcontractors or trespassers thereon, including any interferences or damage to any persons or properties done in connection with the construction of said electrical facility. IV City agrees to reimburse Company for actual cost of the completed work prorated in a manner reflective of the ratio of the number of poles on present public right-of-way to the total number of poles to be relocated within the existing and proposed right-of-way combined; a sum equal to fifty three and four-tenths percent (53.4%) of actual costs incuned, which prorated amount is estimated at Thirty Eight Thousand Thirty Five Dollars ($38,035) but not to exceed Forty Two Thousand Dollars ($42,000.) for the above described relocation construction. III Before the commencement of construction or relocation or installation of said electrical distribution facilities Company shall furnish City a full and complete set of contract drawings, construction plans and construction specifications for said proposed construction, relocation and installation, which said drawings, plans and specifications shall be reviewed and approved by the City Engineer of the City of Owasso in writing. II Company does hereby agree to relocate the existing electrical distribution facilities in accordance with the preliminary plans and specifications. Company shall provide and furnish all the labor, materials, necessary tools and expendable equipment required to perform and complete in a workmanlike manner all work required for said relocation. I NOW, THEREFORE, for and in consideration of the stipulations, covenants and agreements hereinafter set forth, the parties hereto agree as follows: WHEREAS, Company is agreeable to relocating said electrical distribution facilities pursuant to the plans and specifications attached hereto and made a part of hereof. WHEREAS, the City of Owasso has deemed it to be in the public's best interest to make improvements along North Garnett Road between 96th Street North and 90th Street North in Owasso, Tulsa County, Oklahoma, to-wit, and by virtue of said constmction it is necessary for Company to relocate celiain of its existing electrical facilities; and WIT N E SSE T H: THIS AGREEMENT made and entered into this day of ,2005, by and between the CITY OF OW ASSO, OKLAHOMA, a municipal corporation, hereinafter referred to as "CITY", and PUBLIC SERVICE COMPANY OF OKLAHOMA, hereinafter referred to as "Company." RELOCATION AGREEMENT ATTACHMENT B (SEAL) Assistant Secretary By Vice President - Operations/Engineering "Company" ATTEST: PUBLIC SERVICE COMPANY OF OKLAHOMA City Attorney APPROVED: (SEAL) Date City Clerk MAYOR By ATTEST: CITY OF OW ASSO, OKLAHOMA day of ____~_~_2005. IN WITNESS WHEREOF, the parties hereto have set their hands this Company further agrees that it (and Company's subcontractors, if any) will not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion or nation origin, and further agrees that it will not (nor will its subcontractors, if any) deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion or national origin. VI j LESS AND EXCEPT: A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section Twenty (20), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof, being more particularly described as follows: Commencing from the Northeast comer of the NE/4 NW/4; Thence South along the East line of said NE/4 NW/4 a distance of 50.00 feet to the Point of Beginning; Thence South 86002'32" East along the South Right of Way line of U.S. Highway 169 a distance of 20.08 feet; Thence South 1014' 12" East and parallel with the East line of said NFJ4 NW/4 a distance of929.68 feet to a point on the Northerly Right of Way line of U.S. Highway 169; Thence South 48054'01" West along said Northerly Right of Way line a distance of 26.06 feet; Thence North 1 014'12" West and along the East line of said NE/4 NW/4 a distance of 948.20 feet to the Point of Beginning. LESS AND EXCEPT: A tnu:t ofland situated in the Northwest Quarter of the Northeast Quarter (NW/4 NFJ4) of Section Twenty (20), Township Twenty-one (21) North, Range Fourteen (14) East ofllie Indian BMe and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof, being more particularly described M follows: The Northwest Quarter (NW/4) and Northwest Quarter (NW/4) of Southwest Quarter (SW/4) and Southwest Quarter (SW/4) of Northeast Quarter (NE/4) of Southwest Quarter (SWI4) of Section Twenty (20), Township Twenty-one (21) North and Range Fourteen (14) East, Tulsa County, Oklahoma, containing One Hundred Ten acres, more or less. together with the hereditaments and appl.lI'tenances thereunto belonging. 'Omt: Hayward Smith mnd Betty Jane Smith, ImslJ!md mnd wife, hereinafter referred to as "Grantorn", for the sum of One Dollar (S1.00) Ilnd other good and valuable considerations in hand paid, the receipt and sufficiency of which lIS consideration for any and all direct and indirect, current damage, injury or diminution in value to the property covered by this easement, or the property of Ornntorn adjacent thereto is hereby acknowledged, hereby grants, bargains, sells, and conveys unto PUBLIC SERVICE COMPANY OF OKLAHOMA, an Oklahoma corporation, its successorn and assigns, hereinnfter referred to as "Grantee", an easement consisting of the perpetual . right, privilege and authority to construct, operate, maintain, reconstruct and remove a line or lines of structures with wires, fixtures and other equipment related thereto (whether located on the ground or on said structures) for the transmission of electrical current and other for.ms of energy and for the transmission or communication of data, audio and video information upon, over, lmder and across a portion of a tract or parcel of land owned by Grantorn. Such tract or parcel is located in Section 20, Township 21 North, Range 14 East, LB.&M., Tulsa County, State of Oklahoma, and is described as follows: KNOW ALL MEN BY THESE PRESENTS: RIGHT-OF-WAY EASEMENl.' \(< Agent: Susan MorelandlMike Hensley Area No: D-6098W.O. No: 221886671.0001 Address: 9423 N. Garnett Rd., Owasso, OK PSO P.O. Box 201 Tulsa, OK 74102 I Tu16& County C1Qrk - JOAN HABTINGB 0000 00132699 PII. 3 '8/" 6454/0082-0084 I<e""ipt 0 493415 12/18/00 16: 01: 17 I mlm um II 1I1l1111111 II IIIU IlUI 91 11I1 y"" 12.00 1il00048341500110 to ~' \..0 N co a c::> Grantors hereby warrant unto Grantee that Grantors will defend' the easement and all rights, privileges and authorities hereby granted against every person or persons who may lawfully claim an interest in the property of Grantors contrary thereto. Grantors hereby acknowledge that this document contains the entire agreement between Grantors and Grantee regarding the easement, rights. privileges and authority granted herein and that Grantors are not relying upon any oral or written representations or assurances given by Grantee in connection with the negotiations for this document. Any special agreements between Grantors and Grantee shall be in writing, and signed by both parties. The failure of Grantee to exercise any of the rights granted hereby, in whole or in part, for any period of time shall not be deemed to constitute a waiver, release, abandonment or limitation of such easement, right. privilege or authority. Grantors hereby reserve the right to make such use of the land included within the easement as is not inconsistent with the rights, privileges and authorities granted hereby. For the same consideration, Grantors further grant unto said Grantee, the perpetual right, privilege and authority: to cut down, trim, treat and dispose of any trees and undergrowth on said easement or on the Grantors' property contiguous thereto which, in Grantee's sole judgment, interfere or threaten to interfere with Grantee's structures, lines, fixtures and equipment. or with Grantee's ability to construct, operate, maintain, reconstruct or remove said structures, lines, fixtures and equipment; to prevent the placement of any structure within said easement; to set the necessary guy and brace poles or anchors and to attach all necessary guy wires thereto; to enter upon the said easement over, under and across the Grantors' other property adjacent to said easement for the purpose of constructing, operating, maintaining, reconstructing and removing its said structures, lines, fixtures and equipment; and to construct, operate, maintain, reconstruct, and remove such line or lines upon, over, under and across said easement. Said right-of-way to be fIfteell (15) feet in width. The East Fifteen Feet (15') of the West 60' of the North 556', more or less, and the Enst Fifteen Feet (15') of the West Forty-Three Feet (43') ofllie South 2084' more or less, of the above described tract located in the Northwest Quarter of Section 20-T21N-RI4E, including the right to install anchors and downguys at points of angle. The easement and right-of-way granted hereby is more fully described as follows: Commencing flum the Northeast corner of the NE/4 NW/4; Thence South along the East line of said NE/4 NW/4 a distance of290.00 feet to the Point of Beginning; Thence South 01"14'12" East and along the East line of said NFJ4 NW /4 a distance of 708.20 feet to a point on the Northerly right of way line of U.S. Highway 169; Thence South 48"54'01" West mld along said Northerly right of way line a distance of273.98 feet; Thence North 22"15'20" West Ii distance of 492.84 feet to a point on the Easterly boundmy line of Oak Tree Business Park, an Addition to the City ofOwass.o. Tulsa County, Plat No. 5154; Thence along said Easterly boundary line North 72"45'33" East a distance of90.00 feet; Thence along said Easterly boundary line along a curve to the left having a radius of 415.00 feet a distance of 535.99 feet to a point which has a chord N 35645'33" East a distance of 499.51 feet to a point, said point being the Point of Beginning. Section 20-T-21N-R14E PSO P.O. Box 201 Tulsa, OK 74102 -:::r m ..::1" "0 M ro C) o *",\I\lUUI""1l ~..,,~ ~'h ru I,,,," ~~ ~<c; ........lS..,:"" I ~......:o ..";o...wr ~ ::: ~ .... If> llle 0 .. . .. .0. Cl ~ ~I-:... .e.....O~ ;zf:. . .: \C:E ;::::t~ .ow. ... ?ZE ~Oo""" _; .. 0." i""lS ~t.:'Jl ""(I ...:. ..:' ~~ 10 Of." ~.. ~ ""'~ ""U"I,.<l' fi ~"" Okl.^\\()\3.~ ",~ /1//111111I\1\\'\\ ~ l(::.::?/~d ~~t<.".. ;ot' ,,' '" 0'1/ ".g ;t ~~ ::.........f' (;;.... .. ~~ I ~I ~'~~i~ Expires: ! <<J:l PUBllC \ ,,' ~ i IlU~or.~ f ~ '" \ < .et' . e ~ 0 ~...,.. r~' :;, ~ Q.:'rtA"o~~~l S' ":;.,. ,. <>O'f&e.&IJ.wo.o"f;" f:;;. II. ...$ <fI~"1 II 1. S ~ .....'" ""'1/"..,.11""\'" Tract #31410 ~ iU.Lf?une /J n Notary Public ~ "'---' The foregoing instrument was acknowledged before me thi~ Jlt<..aay of~ 2000, by Hayward Smith and Betty Jane Smith, husband and wife. State of Oklahoma ) )SS. County or.JitJ:;aj (Individual Acknowledgment) B!!~~~~ lD -:t' \D PSO Section 20-T21N-R14E P.O. Box 201 Tulsa, OK 74102 SIGNED AND DELIVERED this @ ~ay of ~------' 2000. -:t' CO (:;) Cl @ The quality of the data is generally only known to the authors. @ The City of Owasso has an adequate network for sharing information within the organization with the exception that some users desire additional or increased WiFi capability. Access to the City of Owasso information resources by remote field offices is very difficult, if not impossible. @ Software users are generally entrepreneurial in nature with very little formal training. @ There is a need within the City of Owasso to share the majority of departmental data. Although progress has been made, a continued emphasis on data sharing methodology is necessary. ASSESSMENT FINDINGS: The initial meeting with Strategic Consulting International ("SCI") was held in April 2004. SCI is a Tulsa-based technology company with extensive expelience in the implementation of GIS technology within municipal and state government. They were also named ESRI 2004 business partner of the year. During the months of July through October, the consultants perfOlmed a GIS requirement analysis for the City. They presented their preliminary findings to City staff on November 8, 2004. The consultants then presented their GIS Needs Assessment for the City of Ow as so during the City Council Work Session held on December 14,2004. In July of 2003, City staff identified the need to implement Geographic Information Systems (GIS) technology in an attempt to streamline the management of large amounts of spatial data. Although several Owasso staff members had experience with GIS, after several months of evaluation the decision was made to engage an outside consultant to perform a GIS Assessment. City staff desired to hire a consultant with extensive knowledge of ESRI software, the GIS industry standard, and a local area office. The objectives of the assessment were to identify required data layers, data availability, and suggest an implementation strategy and budget. BACKGROUND: January 11,2005 DATE: IMPLEMENTATION GEOGRAPHIC (GIS) FOR THE CITY OF OW ASSO LARRY D. WHITE SUPPORT SERVICES DIRECTOR FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM The study recommends, as seen in Attachment #3, that GIS technology be implemented city wide with the majority of City's staff accessing GIS through a web-based GIS technology map service. The recommended implementation strategy is to implement a subscription hosting service providing out-of the-box Web based internet GIS tools and links to priority data, During the same period, a parallel development of the City of Owasso's internal intranet GIS Map service will be undertaken. In this manner, the immediate benefit of GIS can be utilized while allowing for improvement and expansion as the system matures. The assessment found that the City's staff supports the strategy of a GIS subscription ASSESSMENT RECOMMENDATIONS: SCI representatives met with city staff in order to determine the functionality of utilizing GIS within the City of Owasso and evaluate the staffs current knowledge ofthe involved framework needed to build the database. The benefit of this evaluation is to give city leaders an indication of how supportive Owasso's "culture" is to the introduction of new technologies. Owasso has established a more than adequate foundation for the deployment of GIS. SCI believes Owasso staff and leadership have "bought" into the idea of GIS and are anxiously awaiting the deployment of the technology. The use of technology to enhance access and delivery of government services will benefit citizens, business pminers, and employees. Govel11ments' increasing focus on customer service is being driven by the citizens/customers, based on the lessons they have leal11ed and the skills they have developed through interactions with services offered in other areas, such as online financial services and travel programs, These experiences are accelerating the demands and expectations that citizens place on cities. As customers, they are receiving one-stop shopping and service-in-an-instant. As taxpayers, they are demanding similar access and speed of service from their government. Clearly, the demand is there, Citizens not only want infOlmation, they want higher-quality service, convenience, customization and empowerment. GIS is a convenient way to share data between the City and the public. All are stakeholders in the generation and maintenance of data within the geographic boundmies of the city. No longer should information be thought of as the "property of the city" but rather a resource for the good of the citizens of the city. The City of Owasso desires to deploy a method of sharing an integrated enterprise information system that combines spatial and attribute data within a single Graphical User Interface, and subsequently desires to share the data with a broader audience over the intel11et. @ Data standards are inconsistent. @ Availability of data is uncertain. @ The existing management strategy needs strengthening. The cunent management strategy provides an integrated, multi-discipline approach to defining needs and managing solutions to the spatial infonnation requirements of the various departments. @ Infol111ation is created and maintained by the user without consideration of data sharing. @ The various depmiments believe GIS tools could help them be more productive. Pockets of extremely knowledgeable individuals exist, and with additional training they would be highly productive. For the Budget Year 2005-2006, the projected funds needed to complete the GIS initiative are $100,100.00. These funds will provide for completion of Phases 2 and 3. Phase 2 will include the "My House" application (data accessible by community of Owasso residents and general public), and data maintenance and hosting fees for SCI. Phase 3 will include the Fire House Run Book application for the Fire Department, the GPS Data Collection Pilot, and additional data conversion. The GIS Project was funded in FY 2004-2005 in the amount of$IOO,OOO.OO. This amount has covered the completed Needs Assessment and Phase I of the implementation, which includes the development of the "Invest in Owasso" application (data accessible by community development professionals, builders, etc.). BUDGET CONSIDERATIONS: The Geographic Information System Internet Data Viewer should be available to City staff within the first five months of the implementation (Phase I) which represents the first step of a 17 -month project. After the next six-month period (Phase 2), the GIS Internet Data Viewer will be augmented with two plug-in modules: (1) Invest in Owasso and (2) My House. Phase 2 will also include additional Tier 2 data development and training. Phase 3 will begin dUling the 11 th month of implementation and will include development of the Fire Run Books and the GPS Data Collection Pilot. It will also include the identification of Phase 3 data layers. At the end of the lih month of implementation, the Geographic Information System will be fully integrated into the daily activities of the City. PHASE 3: - The beginning of the operation suppOli phase of the GIS implementation. An optional application "Fire Run Books" would be developed during this period, along with GIS support and training. PHASE 2: - A six month period where the GIS Data Viewer will be expanded and improved with two plug-in modules (1) Invest in OW ASSO and (2) My House, as well as additional tier 2 data development and additional training. PHASE 1: - A four month period of tier 1 priOlity data, development of the GIS data viewer, an optional GPS workshop, GIS software distribution and GIS training GIS Implementation is divided into the following categories: Implementation Sche~lJde Finally, under this proposal, GIS will be implemented in three phases over a one year period. Utilizing GIS Subscription Map service marks a departure from old school GIS implementation. In the past, cities substantially increased their staff and infrastructure requirements to suppOli the administrative overhead of a GIS implementation. Today cities are contracting with GIS web-based subscription services to manage their GIS, thus allowing city staff to focus on using GIS for their core business activities, service and recommends devoting substantial resources to the continued development and promotion of GIS Complete as the "corporate data base". 1. GIS Complete Agreement 2. Confidential Disclosure Agreement 3. Recommended Implementation Steps ATTACHMENT: Staff recommends City Council approval of the Geographic Information System implementation and authorization of the City Manager to execute a contract between the City of Owasso and Strategic Consulting Intemational (SCI) in the amount of $173,700 for the implementation of the Phase I GIS plan. BECOMMENDA-TION This request is for City Council approval of the implementation of the Geographic Infollnation System technology for the City of Owasso, directing the City Manager to execute the necessary contracts and expend the budgeted funds for its implementation. REQUEST Ongoing funding will be needed in future Budget Years for the continued data maintenance and hosting fees and for additional applications identified by staff members and approved by the Owasso GIS Advisory Committee. Page 1 DUTIES OF SCl SCI will implement a GISCompletecg program in accordance with the scope and time-line found in Attachment A. 4. DUTIES OF CITY. Upon SCI's request, CITY may provide such administrative assistance, as CITY deems necessary and reasonable for the perfonnance of this Agreement. 3. INVOICES. SCI shall submit invoices to the CITY within thirty (30) days of the date services were rendered. The invoice must provide the dates of service, the service performed, mileage, lodging, and per diem expenses. Final invoices should be submitted no later than thirty (30) days following the completion date of the Agreement period. PAYMENT. The maximum payment under this Agreement is One Hundred Seventy-three Thousand, Seven Hundred and nollOOs ($173,700.00). Contract payments will be paid upon completion of the contracted tasks. Invoicing will be billed on a percent completed based for each task. All tasks must be completed for 100% of contracted maximum payment. Mileage, lodging and per diem expense rates shall not exceed those rates authorized by the State Travel Reimbursement Act. This Agreement does not render SCI an employee of CITY and therefore, SCI is not entitled to any benefits or other entitlement accruing to CITY employees. It is specifically understood that the pmiies to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiling the appropriation of monies by the municipality for Fiscal Year 2005- 2006, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. 1. TERM AND TERMINATION. The Agreement shall begin on the date of contract award by CITY (date of purchase order) and terminate June 30, 2006. This Agreement shall not take effect until CITY possesses an original document containing the signatures of both parties. The effective date shall be the controlling and commencement date. This Agreement is subject to termination upon thirty (30) days advance wlitten notice by either party. All notices shall be provided as required in paragraph "8." THIS AGREEMENT dated this __ day of February, 2005, is between the City of Owasso, hereinafter referred to as CITY and Strategic Consulting International, L.L.c. hereafter refeued to as SCI. The Agreement is intended for SCI to provide special assistance to the CITY for the purpose of implementing a GISCompletecg program. PROFESSIONAL SERVICES AGREEMENT Page 2 11. ACCESS TO RECORDS. SCI agrees to maintain all supporting documentation and required records for five (5) years in accordance with generally accepted audit standards 10. AUDIT. Authorized personnel of the CITY, the State Auditor and Inspector or any other state or federal governmental entities designated by the CITY shall have the right of access to any and all documents, books, papers, accounting procedures (which shall be in accordance with GAAP/GAS, CFR 48 Part 31, OMB circulars A-133, A-122, A-128, A-llO, A-21) as applicable or other records of the pmiies to this agreement which are relevant to the performance or payment of this Agreement in order to audit, examine, make excerpts, copies and/or transcripts. 9. SEVERABILITY. The provisions of this Agreement are severable, and if any part or provision hereof shall be held void, it shall not be deemed to render any other provisions void or effect or impair the effectiveness of such other provisions or parts. Strategic Consulting International, L.L.c. 1323 East 71 st Street, Suite 102 Tulsa, OK 74136-5051 Telephone: 918-481-0034 Email: ejones@scigis.com City of Ow as so 452 S. Main Owasso, OK 74055 Telephone: (918) 272-3459 Email: LWhite@CityofOwasso.com Eric L. Jones Lany White TO SCI TO CITY 8. NOTICE. All notices or other communication shall be in writing by letter, telephone or facsimile machine. All notices given by telephone or facsimile shall be confirmed in writing within ten (10) days of such notice. All written notices and invoices must be forwarded to one ofthe following applicable addresses by ceriified mail: 7. AMENDMENT. This Agreement may be modified, changed or amended only by an instrument in writing, signed and dated by the parties and appended hereto. 6. AGREEMENT FOR SERVICES. SCI will consult with staff supervisors responsible for supervising the GISCompleteC9 program at least monthly. Written monthly project updates will be provided appropriate CITY staff supervisors. SCI attests and assures he has made no payment or donation, either directly or indirectly, to any elected or appointed official, officer or employee of the City of Owasso or its political subdivisions, nor waived payment of any money or other thing of value due to SCI in order to obtain this, or other Agreements. 5. OTHER DUTIES AND ASSURANCES. SCI shall be fully independent in performing the services and shall not act as an agent, employee, pminer or joint venture of the CITY. SCI agrees to comply with all existing federal, state and local laws, which may be applicable to the services performed under this Agreement. Susan Kimball Mayor City of Owasso, Oklahoma Eric L. Jones President Strategic Consulting International, L.L.c. 12. GOVERNING LAWS. The laws of the State of Oklahoma shall govern this Agreement. Exclusive jurisdiction and venue for all disputed matters shall be in the District Court of Tulsa County, Oklahoma. and/or generally accepted govemment audit standards (GAAP/GAS), including an acceptable form of personnel time and effort for validation of costs billed to the CITY. Page 1 of 5 SCI will develop and host the OW ASSO Internet Data Viewer. Purpose The OW ASSO Internet Data Viewer is the primary application within the deployment of GIS at OW ASSO. Its purpose is to provide a mechanism to share the robust GIS resources of OW ASSO over the Internet/Intranet. Specifically, its purpose is to display, in a layered format, the priority OW ASSO data layers superimposed over the OW ASSO basemap. "OW ASSO Internet Data Viewer" is a generic term, intended to represent the process of viewing spatial data such as maps over the internet. Technically this will be accomplished by utilizing a software product from ESRI called ArcIMS - Internet Map Server. Specifically built to serve GIS on the Internet, ArcIMS is designed to make it easy to create map services, develop Web pages for communicating with the map services, and administer sites. ArcIMS operates in a distributed environment that consists of both client-side and server-side components. Typically, the client requests information from an Internet or Intranet server. Then the server processes the request and sends the information back to the client viewer. Functions and Capabilities The OW ASSO Internet Data Viewer will be developed by SCI with infrastructure and economic data supporting the data viewer residing on servers hosted by SCI. All spatial data will be managed and validated by OW ASSO staff. Control and responsibility for the accuracy and completeness of the data will always reside with OWASSO staff. The SCI is responsible for maintaining: @ Parcel/Lot Boundaries @ Land Use @ Existing Subdivision Boundaries @ Flood Zones @ Existing Development Plans @ Topographic Contours @ Deeds/RO W /Easements @ Rural Water District Boundaries @ Street Centerline @ Waterlines @ Address Grid/Matching @ Sewer Lines @ Traffic Signals and Signs @ Manholes @ Traffic Count Locations (ADT count III Fire Hydrants location) III Hydrology @ Sewer System Facilities @ Watershed Boundaries III Flood Control / Stonn Drainage III Spot Elevations @ Special Districts @ Traffic Calming Devices @ Government Boundaries III Zoning Areas OW ASSO Internet Data Viewer Phase 1 A four month period where tier 1 priority data is converted, development of the GIS data viewer, a GPS workshop, GIS software distribution and GIS training. Tier 1 Priority Data Conversion SCI will convert and load all following GIS data layers as provided by OW ASSO: Strategic Consulting International, L.L.c. (SCI) will be implementing GISComplete@, a Geographic Information System and hosting solution for the City of Owasso. The implementation is divided into three phases. Each phase is outlined below. Attachment A Page 2 of 5 Plug-In A: Invest in Owasso SCI will develop and host the "Invest in Owasso" Plug-In. The plug-in purpose t!l Section Comers t!l Ward Boundaries t!l Tax Year Parcel/Lot t!l Sidewalks t!l Census Tracts/Blocks t!l Master plan land use polygons (future) t!l Overlay Zones t!l Proposed Subdivision Boundaries @ Land Cover t!l Traffic Analysis Zones t!l Soils Tier 2 Data Conversion SCI will convert and load the following GIS data layers as provided by OW ASSO: Phase 2 A six month period where the GIS Data Viewer will be augmented with two plug-in modules (1) Invest in OW ASSO and (2) My House as well as additional tier 2 data development and additional training. GIS Training SCI will prove GIS Training in accordance with the GIS Implementation schedule. @ User on/off selection of OW ASSO priority data layers @ Proximity analysis within a user defined radius @ User query capability @ Longitude / Latitude position of curser @ Display of data values associated with selection criteria Specific OW ASSO Internet Data Viewer functions include: @ Display of OW ASSO basemap layer, with more geographic detail displayed as zoom level increases. @ Additional third party as required (such as census data, etc.) The application consists of two components: 1. GISComplete<9 Data Hosting 2. ArcIMS Internet Map Server software loaded on a SCI's GIS server and connected to the internet. @ Server hardware and software @ GIS data compliance @ ArcIMS software Attachment A Page 3 of 5 @ User on/off selection of OW ASSO "Investor" data layers @ Proximity analysis within a user defined radius @ User query capability @ Longitude / Latitude position of curser @ Display of data values associated with selection cliteria Plug-in B: My House SCI will develop and host the "My House" Plug-In. Purpose To provide 24/7 Internet access to research information about the City of OW ASSO for the local OW ASSO citizen. The plug-in would reside within OW ASSO's hosted internet/intranet map viewer and be accessible through OW ASSO's city home web page. It would provide relevant information about the city, spatial information regarding infrastructure, zoning and capital improvements as well as demographic/business development information. An internet plug-in designed to utilize the OW ASSO Internet Data Viewer and to provide information relevant to the local OW ASSO citizen. The City, with the assistance of citizen inputs, will determine a standard template of information centered on an "entered address." Accessible using an internet browser, accurate, single source information will allow citizens to evaluate the impact of city services, Specific Functions and capabilities This plug-in is velY similar to the "Invest in OW ASSO" plug-in. The primary difference between the two plug-ins is the "customer." One centers around a customer interested in investing and the other centers around a customer interested in the performance of their city. This plug-in should center around knowledge a local citizen is interested in, where is my polling booth, where is my fire station, what is the city's pothole maintenance schedule, what is the route for the lOk run this weekend, are there any street closures planned etc. GIS Training SCI will prove GIS Training in accordance with the GIS Implementation schedule. To provide 24/7 Internet access to research information about the City of OW ASSO for the developer/retailer interested in investing within the city. The plug-in would reside within OW ASSO's hosted internetlintranet map viewerl and be accessible through OW ASSO's city home web page. It would provide relevant infonnation about the city, spatial information regarding infrastructure, zoning and capital improvements as well as demographiclbusiness development infOlmation. Specific Functions and capabilities @ Display of OW ASSO basemap layer, with more geographic detail displayed as zoom level increases. Attachment A Page 4 of 5 GPS Data Collection Workshop The purpose of this workshop is to create a set of Data Collection Standards that automate and streamline the process of collecting data in the field. Additionally, these standards shall provide a two way bridge between the OW ASSO GIS system and the field data collectors. GIS Training SCI will prove GIS Training in accordance with the GIS Implementation schedule. Fire Run Book Application SCI will develop the Fire Run Book application. Purpose The Fire Run Book application will be designed to automatically print all or portions of the fire nm books. The application will run "locally" on a computer with ArcGIS software with the Fire Department or other City offices. fu2ecific Functions and capabilities The application will print fire run book pages. The user will be able to select specific pages to print or print all pages. The application will allow unattended printing to facilitate over night or weekend printing. @ Traffic Accident Locations @ Police Reports by Category @ Fire District Boundaries Phase 3 This is the beginning of the operation support phase of the GIS implementation. The application "Fire Run Books" would be developed during this period, continued data conversion to suppOli GIS integration with Emergency Services, a GPS data collection workshop, along with GIS hosting and support. Tier 3 Data Conversion SCI will convert and load the following GIS data layers as provided by OW ASSO: Attachment A Page 5 of 5 GISComplete@ Data Hosting Qhjective To have OW ASSO's GIS Data Viewer hosted by SCI, where SCI would be responsible for maintaining and administering the system. Responsibilities SCI is responsible for the following: @ Provide setup of GIS hosting environment @ Provide all required hosting software and hardware @ Provide 24 hour, 7 day a week access to the hosted site(s) @ Hosting of OW ASSO Intemet Data Viewer and Plug-Ins @ Provide GIS Data Layer Support and Maintenance Duration of Hosting Contract: This contract will be in force during the specified contract period of date of award through June 30, 2006. OW ASSO has the right to cancel this contract at any time given 30 days wTitten notice; SCI may terminate the contract with 30 days written notice. Jun Feb Hosting I I I I I I I I I I GIS I Training I ~: GPS I Workshop I I I I GIS I Training I ~: I I I I I I I PI_ I ~ ug In , PI I I Invest In I ug~ n I OWASSO My House I I--~-~~ ~,_.-___-' GIS I GIS I Training: Training ~I ~ I I I I I I Phase 1 --,-- I Application 1 GIS Data Viewer Schedule Attachment A (c) became known to Receiving Party from a source other than Disclosing Party other than by the breach of an obligation of confidentiality owed to Disclosing Party, or (a) is or subsequently becomes publicly available without Receiving Party's breach of any obligation owed Disclosing Palty, (b) became known to Receiving Party prior to disclosing Party's disclosure of such information to Receiving Party, "Confidential Information" shall not include any infOlmation that: 2. Exclusions from Confidential Information "Confidential Information" includes technical information; methods; processes; formulae; compositions; inventions; machines; computer programs; research projects and business information as well such as customer lists; plicing data; sources of supply; and marketing, production, or merchandising systems or plans. "Confidential Information" includes commercial secrets, personal secrets, artistic secrets and state secrets. The terms confidential infOlmation and trade secrets are often used interchangeably but strictly speaking, trade secrets are a subset of confidential infOlmation in the context of business, commerce or trade. Examples of trade secrets can include manufacturing processes, recipes, engineering and technical designs and drawings, product specifications, customer lists, business strategies and sales and marketing infOlmation. "Confidential Information" shall mean all tangible materials containing Confidential Information, including without limitation written or printed documents and computer disks or tapes, whether machine or user readable, and know-how acquired as a result of contTactual relationships. "Confidential Information" means nonpub1ic information that Disclosing Party designates as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential. "Confidential Information" includes, without limitation, information relating to released or unreleased Disclosing Party software or hardware products, the marketing or promotion of any Disclosing Party product, Disclosing Party's business policies or practices, and information received from others that Disclosing Party is obligated to treat as confidential. Confidential Information disclosed to Receiving Party by any Disclosing Party Subsidiary and/or agents is covered by this Agreement. 1. Confidential Information and Confid~;!!Jl~l Materials NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the mutual disclosure of confidential infOlmation to each other, each undersigned party (the "Receiving Party") and the other party (the "Disclosing Party") agree as follows: THIS AGREEMENT dated this day of February, 2005, (the "Agreement") is made between the City of Owasso, Oklahoma with offices at 452 South Main, Owasso, Oklahoma 74055 and Strategic Consulting Intemationa1, L.L.c., with offices at 1323 E. 71 st St., Suite 102, Tulsa, Oklahoma 74136. CONFIDENTIAL DISCLOSURE AGREEMENT All Confidential Information and Confidential Materials are and shall remain the property of Disclosing Party. By disclosing information to Receiving Party, Disclosing Party does not grant any 6. Ownership of Confidential Information Such a disclosure as described in this clause 5 shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Receiving Party shall provide prompt written notice thereof to enable Disclosing Party to seek a protective order or otherwise prevent such disclosure. (c) was/is necessary to establish the rights of either party under this Agreement (b) was/is otherwise required by law, or (a) occurred in response to a valid order by a court or other govemmental body, Each party's obligations under Clause 4 ("Nondisclosure and Nonuse") with respect to any portion of the other party's Confidential Information shall terminate when the party seeking to avoid its obligation under such Paragraph can document that a disclosure of Confidential Information: 5. Exclusions from Nondisclosure and Nonuse obligations Confidential Information and Confidential Materials may be disclosed, reproduced, summarized or distributed only in pursuance of Receiving Palty's business relationship with Disclosing Party, and only as otherwise provided hereunder. Receiving Party agrees to segregate all such Confidential Materials from the confidential materials of others in order to prevent commingling. Receiving Party shall take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, to keep confidential the Confidential InfOlmation. Receiving Party may disclose Confidential Information or Confidential Material only to Receiving Party's employees or consultants on a need-to-know basis during execution of the project(s). Receiving Party will have executed or shall execute appropriate written agreements with its employees and consultants sufficient to enable it to comply with all the provisions of this Agreement. Receiving Pariy shall not disclose, make use of or disseminate any Confidential Information to third parties for two (2) years following the date of its disclosure by Disclosing Party to Receiving Pariy, except to Receiving Party's consultants as provided below. However, Receiving Party may disclose Confidential Information in accordance with judicial or other governmental order, provided Receiving Party shall give Disclosing Party reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. 4. .~:.QJ~::.Qi~~lQsure & Nonuse Disclosing Party agrees to disclose, and Receiving Pariy agrees to receive the Confidential Information. 3. Disclosure (d) is independently developed by Receiving Party. Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns. This Agreement shall be construed and controlled by the laws of State of Oklahoma (USA). Process may be served on either party by mail, postage prepaid, celiified or registered, retum receipt requested, or by such other traceable method as authorized by law. 11. Choice of Law 10. Attorney Fees If either party employs attomeys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attomeys' fees. This Agreement constitutes the entire agreement between the paliies with respect to the subject matter hereof. It shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Disclosing Pmiy, its agents, or employees, but only by an instmment in writing signed by an authorized officer of Disclosing Party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. 9. Entire Agreement The tenns of confidentiality under this Agreement shall not be constmed to limit either party's light to independently develop or acquire products without use of the other pmiy's Confidential InfOlmation. Further, either party shall be free to use for any purpose the residuals resulting from access to or work with such Confidential InfOlmation, provided that such pmiy shall maintain the confidentiality of the Confidential InfOlmation as provided herein. The term "residuals" means infOlmation in non-tangible fOlm, which may be retained by persons who have had access to the Confidential InfOlmation, including ideas, concepts, know-how or techniques contained therein. Neither party shall have any obligation to limit or restlict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. However, the foregoing shall not be deemed to grant to either pmiy a license under the other party's copyrights or patents. Receiving party cannot benefit from use of Confidential Information directly or indirectly in any form, without explicit wlitten pelmission of Disclosing Pmiy. 8. MiscellaneQJ!s If either party provides pre-release software as Confidential InfOlmation or Confidential Matelials under this Agreement, such pre-release software is provided "as is" without warranty of any kind. Receiving Paliy agrees that neither Disclosing Party nor its suppliers shall be liable for any damages whatsoever relating to Receiving Party's use of such pre-release software. 7. No Warranty express or implied right to Receiving Pmiy to or under Disclosing Party patents, copyrights, trademarks, or trade secret information. The unenforceability of any provision to this agreement shall not impair or affect any other provISIOn, This agreement shall be binding for signing parties and successors in interest, and shall inure to the benefit of the Disclosing Party, its successors and assigns. Disclosing Party may visit Receiving Party's premises, with reasonable prior notice and during normal business hours, to review Receiving Party's compliance with the terms of this Agreement. Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information and/or Confidential Materials, or any other breach of this Agreement by Receiving Pmiy, and will cooperate with Disclosing Paliy in every reasonable way to help Disclosing Party regain possession of the Confidential Information and/or Confidential Materials and prevent its further unauthOlized use. 14. Rights and Remedies STRATEGIC CONSULTING INTERNATIONAL, L.L.C., fUliher agrees to notify cunent, future or prospective employee of the existence of this agreement and ensure compliance with this agreement according to the generally acceptable best practices for handling Confidential infOlmation. Upon the termination of employment from the Strategic Consulting International, L.L.C., the employee, contractors, and consultants shall return to the Strategic Consulting International, L.L.C., all documents relating to the company, including but not necessarily limited to: drawings, blueprints, repOlis, manuals, correspondence, customer lists, computer programs, and all other matelials and all copies thereof relating in any way to the contracts with the City of Owasso, Oklahoma, or in any way obtained by Strategic Consulting International, L.L.C. during the course of the contract with the City of Owasso, Oklahoma. The employee, contractors, and consultants of Strategic Consulting International, L.L.c., shall not dUling, or at any time after the termination of my employment with the Strategic Consulting International, L.L.c., use for themselves or others, or disclose or divulge to others any trade secrets, confidential infOlmation, or any other data of the Company in violation of this agreement. During the course of the contract(s) between the CITY OF OW ASSO, OKLAHOMA and STRATEGIC CONSULTING INTERNATIONAL, L.L.C., there may be "Confidential Information" as defined in paragraph 1 (one) of this document disclosed to the employee, contractors, and consultants of STRATEGIC CONSULTING INTERNATIONAL, L.L.c. 13. ~c Consulting Inter1.ll!!!2.llilI~ L.L.c. Em~loy:ees, Consultants and ~actors All obligations created by this Agreement shall survive change or termination of the parties' business relationship. If any provision of this Agreement shall be held by a court of competent jUlisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 12. Severability and Survival of Rights & Obligations Eric L. Jones President Strategic Consulting International, L.L.C. Susan Kimball Mayor City of Owasso, Oklahoma Signature: Signature: STRATEGIC CONSULTING INTERNATIONAL, L.L.c. CITY OF OW ASSO, OKLAHOMA IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Either party may from time to time provide suggestions, comments or other feedback to the other party with respect to Confidential Information provided originally by the other party (hereinafter "Feedback"). Both parties agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for the Receiving Patty. However, the Receiving Palty shall not disclose the source of any feedback without the providing party's consent. Feedback shall be clearly designated as such and, except as otherwise provided herein, each party shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to the other party. The foregoing shall not, however, affect either party's obligations hereunder with respect to Confidential Information of the other party. 15, Sugg~~tio!1~and Feedback In the event of any breach of this agreement, the Disclosing Party shall have full rights to injunctive relief, in addition to any other existing rights, without requirement of posting bond. Step 10 @ Selected department staff should undergo immediate Arc View training. @ Selected advanced users should undergo immediate advanced Arc View training. @ The Owasso GIS Advisory Committee should develop a GIS continuing education program. @ A generalized campaign of GIS awareness should be implemented within Owasso. @ Owasso should participate in State-supported GIS activities. Step 9 III Programming scripts should be developed to automate the conversion. III A GIS Liaison should be selscted. The GIS Liaison should coordinate the conversion of data with the GIS Consultant. q; City staff are most knowledgeable and should determine the frequency of data updates Step 8 Outsource the hosting of the Owasso Internet Data Viewer data with a 3rd party GIS subscription service. Step 7 Implement Phase 1 and Phase 2 data layers @ The methodology for data storage and consolidation should be identified and piloted within Phase 1 by the GIS consultant. @ Data standards, to include metadata, should be developed for the priority data layers. Step 6 Initiate the following Rapid Action Items: @ Set up a GIS Advisory Committee III Prepare a simple education campaign for both internal and external Owasso Internet Data Viewer Clients. @ Provide basic and advanced training to select Owasso staff on ArcView GIS products. Step 5 Owasso initiate the Owasso Internet Data Viewer and supporting plug-ins identified in the applications section. Step 4 The priority data layers should be converted to GIS-compliant files and made available through the Owasso Internet Data Viewer. Step 3 Have Owasso data hosted through a 3rd pariy GIS subscription company. Step 2 For consistency of data development, support and training, all City of Owasso departments should be on the same version of Arc View software. Step 1 All Owasso data should be in the same coordinate system, map projection and minimum accuracy as the Oklahoma Atlas basemap. Recommended Implementation Stens