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HomeMy WebLinkAbout2004.02.17_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: February 17, 2004 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City,C-1,erk and posted at City Hall 5:00 p.m. on Friday, February 13, 2004. Julianr�M. Stevens, Administrative Assistant 1. Call to Order Mayor Cochran 2. Invocation Pastor Linzy Slayden, Friendship Baptist Church 3, Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the February 3, 2004 Regular Meeting and February 10, 2004 Special Meeting. Attachment #5-A B. Approval of Claims. Attachment #5-B H: \Agendas,Cou tic i 1,2004\02 0 1704, doc Owasso City Council February 17, 2004 Page 2 6. Consideration and appropriate action relating to a request for Council approval of an annexation request from the Dominion Corporation. The subject property is located in the northwest corner of E. 66th Street Forth and N. 129th East Avenue, containing approximately 19.75 acres, more or less. Mr. Cuthbertson Attachment #6 Staff will recommend Council approve the annexation request from the Dominion Corporation. 7. Consideration and appropriate action relating to a request from the Owasso Land Trust, L.L.C. for the rezoning of property currently designated as RS-3 (residential Single Family) to CG (Commercial General). The subject property is located in the southeast corner of N. 125th East Avenue and E. 86th Street North, containing approximately 3.2 acres, more or less. Mr. Cuthbertson Attachment #7 Staff will recommend Council approve the rezoning request from Owasso Land Trust, L.L.C. 8. Consideration and appropriate action relating to a request for an easement closure from Bob Jones of Charney & Buss. The subject property is located on the northern boundary of 10220 N. 141St E. Court. Mr. Cuthbertson Attachment #8 Staff will recommend Council approve the request for the easement closure from Bob Jones of Charney & Buss. H'.Agendas�.councit \2004 \0'_0 1704. doc Owasso City Council February 17, 2004 Page 3 9. Consideration and appropriate action relating to a request for Council acceptance of a Final Plat for the Garrett Creek Center from the Paragon Development Group. The subject property is located in the southwest comer of East 116th Street North and U.S. Highway 169 and contains approximately 9.65 acres, more or less. Mr. Cuthbertson Attachment #9 Staff will recommend Council accept the Final Plat for the Garrett Creek Center. 10. Consideration and appropriate action relating to a request for Council approval of a change order to the contract with Becco Contractors for the East 86th Street North Improvements. Mr. Carr Attachment #10 Staff will recommend Council approve Change Order No. I to the contract for the E. 86th Street North Improvements from N. 129th East Avenue to N. 145th East Avenue with Becco Contractors, Inc. in the amount of $32,131.88 with 9 days added to the contract time and a revised contract total amount of $2,504,197.08. 11. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2004-03, a resolution approving the indebtedness of the Owasso Public Works Authority and authorizing an investment in a Revenue Anticipation Note of the Owasso Public Works Authority. Attachment #11 Staff will recommend Council approve Resolution No. 20043. H nAgeiidaslCOLI]ICii\2004V0201704 doc Owasso City Council February 17, 2004 Page 4 12. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation to the Worker's Compensation Self Insurance Fund. Ms. Bishop Attachment #12 Staff will recommend Council approve a supplemental appropriation to the Worker's Compensation Self Insurance Fund in the amount of $70,000.00 13. Consideration and appropriate action relating to Council approval of the filing of an Amicus Curiae Brief in the Oklahoma Supreme Court. Mr. Cates Attachment # 13 Staff will recommend Council approve the filing of an Amicus Curiae Brief in the Oklahoma Supreme Court in a case appealing a Corporation Commission Order relating to the purchase of electricity by AEP/PSO from the Lawton Co-Generation Facility. 14. Consideration and appropriate action relating to Council approval to intervene as a member of the Quality Service Coalition in the Oklahoma Corporation Commission A-EP -Public Service Company rate proceedings. Mr. Cates Attachment #14 Staff will recommend Council approve the intervention in an AEP/PSO Rate Case currently pending before the Oklahoma Corporation Commission H ',AgetidaS\COLtIlCil',2004\0201704.doe Owasso City Council February 17, 2004 Page 5 15. Consideration and appropriate action relating to a request for Council approval of a supplemental appropriation to the General Fund. Ms. Bishop Staff will recommend Council approval of a supplemental appropriation to the General Fund, increasing projected revenues and transfers in and increasing expenditures and transfers out. 16. Consideration and appropriate action relating to Council appointments to the Owasso Planning Commission. Mayor Cochran The Mayor will nominate and seek Council confirmation of three appointees the Owasso Planning Commission. 17. Report from City Manager. 18. Report from City Attorney. 19. Report from City Councilors. H- '.AgendnsVCouncilA1004`0201704. doc Owasso City Council February 17, 2004 Page 6 20, New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 21, Adjournment. 11 ,\geiidus\Cotiiicil',2004\0201704 doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 3, 2004 The Owasso City Council met in regular session on Tuesday, February 3, 2004 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 30, 200•. ITEM 1. CALL TO ORDER Mayor Cochran called the meeting to order at 6:33 p.m. Clyde Cook and Warren Llewellyn, VFW Post No. 7180, conducted the posting of the American Flag and the Oklahoma State Flag in the new Council Chambers. The invocation was offered by Dale Prevett of New Heights Church. ITEM 4. FLAG SALUTE Clyde Cook of VFW Post No. 7180 led the flag salute. 1914 Gary Cochran, Mayor Susan Kimball, Vice Mayor Brent Colgan, Councilor Craig Thoendel, Councilor A quorum was declared present. Rodney J. Ray, City Manager Ronald Cates, City Attorney ABSENT Steve Cataudella, Councilor Mr. Cates administered a ceremonial Oath of Office to Brent Colgan, newly appointed Ward 5 Councilor. Mr. Colgan had been administered the Oath of Office officially by City Attorney Ron Cates at 4:55 pm on Tuesday, January 27, 2004. ITEM 7. INTRODUCTION OF THE CHARACTER TRAIT OF WISDOM FOR THE MONTH OF FEBRUARY. Mr. Dale Blackwood, a member of Owasso's Character Council, introduced February's Character trait of the month — Wisdom. Mayor Cochran presented Rick DeShane, representing Kerr Kountry RV, a proclamation honoring Kerr Kountiy RV as Business of the Quarter for the First Quarter of 2004. Mayor Cochran presented a plaque and proclamation of appreciation for their outstanding contributions to the community to members of the Owasso Police Department declaring the week of February 2, 2004 as 'Law Enforcement Appreciation Week'. Mr. Ray introduced Pete Taylor, from the Support Services Department, as City of Owasso Employee of the Month for February, 2004. N A A. Approval of Minutes of the January 13, 2004 Special Meeting and January 20, 2004 Regular Meeting. B. Approval of Claims. C. Action relating to Council acceptance of the Fairways III sanitary sewer extension. D. Action relating to Council acceptance of the Owasso Retail and Office Development sanitary sewer extension. N Owasso City Council Februai-y 3, 2004 Ms. Kimball moved, seconded by Mr. Thoendel, to approve the Consent Agenda with claims totaling $133,536.90 and payroll claims totaling $244,319.63; and to accept the Fairways III and the Owasso Retail and Office Development sanitary sewer extensions. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE OWASHO OF OWASSO FINAL PLAT. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 MILE NORTH OF EAST 86 TH STREET NORTH ON THE EAST SIDE OF NORTH 145 TH EAST AVENUE, CONTAINING.68 ACRES, MORE OR LESS. Mr. Cuthbertson presented the item. Mr. Thoendel moved, seconded by Mr. Colgan, to accept the Owasho of Owasso Final Plat. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4-0. Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Thoendel, to approve a supplemental appropriation to the General Fund, increasing revenues and expenditures by $2,949.00 in the Emergency Preparedness Department. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4-0. I Owasso City Council February 3, 2004 CONSIDERATION ITEM 14. • APPROPRIATE ACTION RELATING TO REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT FOR ENGINEERING SERVICES FOR A STORMWATER MASTER PLAN AND AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING REQUEST OF THE FAIRWAYS IMPROVEMENTS CHANGE ORDER, ACCEPTANCE OF THE FINAL PROJECT, AND AUTHORIZATION OF FINAL PAYMENT. Mr. Carr presented the item. Ms. Kimball moved, seconded by Mr. Colgan, to approve Change Order Number 1 for the Fairways Drainage Improvements Project in the amount of $3,000.00, quantity adjustments in the amount of $23,091.48 (resulting in a revised total contract amount of $184,805.78) and acceptance of the project with release of retainage and final payment to Morton Excavating in the amount of $34,027.20. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4 -0. ITEM .. CONSIDERATION APPROPRIATE ACTION • COUNCIL APPROVAL OF RIGHT OF WAY ACQUISITION FOR THE EAST 86 TH STREET NORTH AND MINGO INTERSECTION IMPROVEMENT PROJECT AND AUTHORIZATION OF PAYMENT. Mr. Cates presented the item. Mr. Thoendel moved, seconded by Mr. Cochran, to approve the purchase of the Right of Way and authorize the payment of $134,400.00 to Trail's End Development, Inc. for Right of Way. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4 -0. 4l Owasso City Council February 3, 2004 In two issues relating to drainage, Mr. Ray stated that the staff is preparing for Council consideration a report that will establish drainage priorities. Also, the City has filed a legal action against the Engineer of the Fairways sub - division for the purpose of recovering expenses paid by the City for drainage corrections in that area. Mr. Ray commended the Council, OEDA, and the Economic Development team for their efforts in securing Vanguard Corporation, who recently announced they are relocating to the Cherokee Industrial bark area. 1 Ms. Kimball thanked Marcia 13outwell for the background work done for the newly formed Centennial Committee. She also welcomed Mr. Colgan to the Council. Mr. Thoendel expressed his appreciation of the much needed Stormwater Management Plan. Mr. Colgan introduced his wife, Sandy. He also commended the Public Works staff on the excellent work done on clearing the streets during the winter storms. '1 C 0", 1" t jr • • Ms. Kimball moved, seconded by Mr. Thoendel, to adjourn. YEA: Colgan, Kimball, Thoendel, Cochran NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:30 p.m. I Owasso City Council Pat Fry, Minute Clerk February 3, 2004 Gary Coclu-an, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, February 10, 2004 The Owasso City Council met in a special meeting on Tuesday, February 10, 2004 in the Lower Level Conference Room at Owasso City Hall, 1 1 1 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, February 6, 2004. ITEM 1: CALL TO ORDER. Mayor Cochran called the meeting to order at 6:00 PM. PRESENT Gary Cochran, Mayor Susan Kimball, Vice Mayor Brent Colgan, Councilor Steve Cataudella, Councilor A quorum was declared present. ABSENT Craig Thoendel, Councilor ill � liq 1 lJ11 11 • i 111111 :'1111, Immmy agwWAill Ms. Bishop presented both items. It was explained that both items would be placed on the February 17, 2004 City Council agenda for action. A. CHANGE ORDER NO. I RELATING TO E. 86 TH STREET NORTH IMPROVEMENTS Mr. Carr presented the item. Mr. Carr explained that due to the change orders to date, Council approval would be needed at the February 17, 2004 regular meeting. Owasso City Council February 10, 2004 ITEM 4: DISCUSSION RELATING TO PLANNING ITEMS Mr. Cuthbeitson presented the items that would be before the Council for action at the February 17, 2004 meeting. There were no questions. Mr. Wiles reviewed the materials that were contained within the Council packets. A. STORM SIREN UPDATE It,". ORDINANCE AMENDMENT FOR SEXUALLY ORIENTED BUSINESSES Mr. Rooney presented a review of the received bids for the Storm Sirens, as well as the proposed amendment for Sexually Oriented Businesses. Mr. Rooney explained that these would be items placed on future City Council agendas, most likely in the month March. ITEM 7: CITY MANAGER ITEMS N Owasso City Council February 10, 2004 Mr. Ray reviewed the above items and discussion was conducted. No action on any of the above items was taken. ITEM 8: ADJOURNMENT Councilor Cataudella moved to adjourn the meeting, seconded. by Mice Mayor Kimball. The motion carried and the meeting was adjourned at 9 :20 PA VENDOR MENDOR DESCRIPTION AMQUNT (TREASURER PETTY CASH DEPOSIT REFUND 50.00 TREASURER PETTY CASH REFUND OVERPAYMENT 10.00 REFUND TOTAL 60,00 ROONEY, TIMOTHY D. TUITION REIMBURSEMENT 412.00 OFFICE DEPOT OFFICE SUPPLIES 64.54 TREASURER PETTY CASH OFFICE SUPPLIES 10.30 OKLAHOMA MUNICIPAL SERVICES TRAINING MATERIAL 180.00 CARD CENTER AMAZON.COM 195.58 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 30.11 FUELMAN FUEL 70.13 REASORS FILM PROCESSING 1.40 SAMS CLUB MAINT SUPPLIES 17.61 A ®Z RUBBER STAMPS NAME BADGE 7.50 TREASURER PETTY CASH MEETING EXPENSE 21.00 TREASURER PETTY CASH COUNCIL MEETING 67.33 TREASURER PETTY CASH STAFF TRAINING 58.19 OWASSO CHAMBER COMMERCE ANNUAL MEETING 75.00 OWASSO EDUCATION FOUNDATION TICKETS 750.00 CUSTOM CRAFT AWARDS PLAQUE-POLICE DEPARTMENT 595.00 TREASURER PETTY CASH EMP RECOGNITION 25.00 TREASURER PETTY CASH OFFICE SUPPLIES 30.35 MANAGERIAL DEBT TOTAL 2,671.04 TREASURER PETTY CASH OFFICE SUPPLIES 50.75 FINANCE DEPT TOTAL 50.75 OWASSO COPIER SERVICE CENTER PRINTER TONER 144.16 OFFICE DEPOT OFFICE SUPPLIES 19.14 IKON OFFICE SOLUTIONS COPIER MAINT 251.54 SAMS CLUB MAINT SUPPLIES 25.76 CINTAS CORPORATION MAT SERVICES 27.90 CARD CENTER OLD CENTRAL 571.03 AEP /PSO 01/04 USE 1,863.58 AMERICAN WASTE CONTROL REFUSE SERVICE 114.00 PERFORMANCE STAGE EQUIPMENT RENTAL 200.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 91.16 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 68.00 CARD CENTER EBAY 2.11 SOUTHWESTERN BELL 02/04 PLEXAR 230.29 TREASURER PETTY CASH REPORT FEE 5.50 TREASURER PETTY CASH TRAINING SUPPLIES 20.95 XPEDX COPY PAPER 178.20 TREASURER PETTY CASH CHARACTER COUNCIL 9.77 CHARACTER FIRST! MONTHLY BULLETINS 347.40 INTEGRITY FOCUS CONSULTING 1,750.00 TREASURER PETTY CASH NOTARY FEE 25.00 VENDOR AMOUDNI J&NSERVICES OLD CENTRAL 200.00 FALCON AUDIO AUDIO SERVICES 5'181.58 VVALMARTCOK8K8UN|TY SUPPLIES 100.21 VIDEO REVOLUTIONS WIRELESS MICROPHONE 199.90 8AKJ3CLUB SUPPLIES 44.58 CARD CENTER OLD CENTRAL 197.00 GENERAL GOVERNMENT DEPTTK]TAL -------' . �'~.~.-~ OFFICE DEPOT OFFICE SUPPLIES 147.81 L0VVES COMPANIES MA|NTSUPPL|ES 44.78 TREASURER PETTY CASH VEHICLE WASH 5.00 FUELyNAN FUEL 189.07 HAWiK4ONS.L|NOBAY SURVEY RESPONSE/DATA BASE 825.00 BURRNANNADY INSPECTION SERVICES-FEB 280.00 BURR KANNADY MILEAGE-FEB 30.00 TULSA COUNTY MIS DIAL UPSERVICE 40.00 METROCALL 12/03 USE 28.61 AT&T WIRELESS PHONE USE-WILES 32.39 COMMUNITY DEVELOPMENT DEPT TOTAL 1'6_33.17 MAXWELL SUPPLY 0FTULSA PAINT FOR MARKING 71.88 WATER PRODUCTS MEASURING WHEEL 85.00 L0YVESCUK4PAN|ES HEPA|R/K8A|NTSUpPL|ES 8.98 CITY GARAGE CITY OFDVVASS0 VEH|CLEkJA|NT 323.72 FUELMAN FUEL 92.35 R|DGWAYS PLOTTER REPAIR 153.07 &1ETROCALL 12/03 USE 7.10 ENGINEERING DEPT TOTAL 721.80 K8ETROCALL 12/03 USE 7.12 INFORMATION SYSTEMS DEPT TOTAL 7.12 ASSOCIATED PARTS &SUPPLY MA|NTSUPPL|ES 7.80 MURPHY SANITARY SUPPLY FLOOR WAX 201.00 CHEROKEE BUILDING MATERIALS CEILING TILES 195.84 LIBERTY FLAGS, INC. FLAGS 278.75 TREASURER PETTY CASH MA|NTSUPPLIES 32.52 CITY GARAGE CITY OFOVVASSO VEH|CLEMA}NT 100.83 FUEL&1AN FUEL 109.13 CARRIER COMPANY REPAIRS 190.00 ACCURATE FIRE EQUIPMENT FIRE EXTINGUISHER SERVICE 50.00 RED BUD AIR FILTER SERVICE AIR FILTERS 02871 BROKEN ARROW ELECTRIC LIGHT FIXTURES 88.00 REDLEE|NC JANITORIAL SERVICES 1.242.71 FUEL&1AN FUEL 212.07 US CELLULAR CELL PHONE USE 28.74 SOUTHWESTERN BELL 02/04PLEXAR 175.06 W1ETRDCALL 12/03 USE 7.12 AT&T WIRELESS PHONE USE 51.37 SUPPORT SERVICES DEPT TOTAL 3.613.45 VENDOR ®ESCRIPTION A NT LOWES COMPANIES PLYWOOD 192.50 AEP /PSO 01/04 USE CEMETERY DEPT TOTAL _15.93 - - - 208.43 SUBURBAN OFFICE SUPPLY RUBBER STAMP 30.95 OFFICE DEPOT OFFICE SUPPLIES 682.75 NEIGHBOR NEWSPAPER SUBSCRIPTION 29.65 GRAYBAR WIRING MATERIAL 281.57 WW GRAINGER FLARES 170.38 WAL -MART COMMUNITY KEYS/TAPE /INK CARTRIDGE 313.51 PATROL TECHNOLOGY TRAINING EQUIPMENT 667.50 SAMS CLUB MAINT SUPPLIES 155.78 PATROL TECHNOLOGY BODY ARMOR 460.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 4,813.92 FUELMAN FUEL 3,390.43 FICKLIN, TIM W. PHD MMPI TESTING - RESERVES 150.00 STAMPER, HOWARD RETAINER 150.00 AEP /PSO 01/04 USE 1,219.49 FINANCIAL EQUIPMENT CO SHREDDER MAINT 75.00 YALE CLEANERS UNIFORM CLEANING 1,666.87 METROCALL 12/03 USE 144.75 SOUTHWESTERN BELL 02/04 PLEXAR 41.09 AT &T WIRELESS PHONE USE- YANCEY 51.37 CINGULAR WIRELESS PHONE USE 210.87 US POSTMASTER POSTAGE STAMPS 111.00 WAL ®MART COMMUNITY DVDA/CRITV 276.62 OKLAHOMA POLICE SUPPLY VEHICLE EQUIPMENT 334.60 POLICE DEPT TOTAL 15,428.10 WAL -MART COMMUNITY PRISONER MEALS 227.68 METROCALL 12/03 USE 7.11 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 LIVING SOLUTIONS STRESS MANAGEMENT COURSE 200.00 POLICE COMMUNICATIONS DEPT TOTAL 784.79 LOWES COMPANIES CLEANING SUPPLIES 51.85 PNEUDART, INC. SHELTER EQUIPMENT 27.49 SAMS CLUB MAINT SUPPLIES 55.98 TREASURER PETTY CASH SHELTER SUPPLIES 10.99 FUELMAN FUEL 59.31 AEP /PSO 01/04 USE 425.03 WAL -MART COMMUNITY PHONE ACC /SWITCH PLATES 13.48 SOUTHWESTERN BELL 02/04 PLEXAR 43.01 METROCALL 12103 USE 14.24 OFFICE DEPOT OFFICE SUPPLIES 113.98 ANIMAL CONTROL DEPT TOTAL 815.36 REASORS FILM PROCESSING 5.50 JOLIE, INC. DBA MAIL BOXES ETC MAILING CHARGES 18.20 AEN-DOE DESCRIPTION AMOUNT CASCO INDUSTRIES PROTECTIVE CLOTHING 7,615.00 OKLAHOMA POLICE SUPPLY UNIFORM SHIRTS /BADGES /BOOTS 219.75 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 17.19 FUELMAN FUEL 1,129.78 BAILEY EQUIPMENT CHAINSAW 310.00 PATROL TECHNOLOGY FLASHLIGHTS 249.00 BAILEY EQUIPMENT EQUIPMENT REPAIR 31.68 AEP /PSO 01/04 USE 740.74 SOUTHWESTERN BELL 02/04 PLEXAR 183.18 METROCALL 12/03 USE 9.28 OWASSO FITNESS ZONE GYM /EQUIPMENT USE 255.00 BEST WESTERN LODGING - FISHER 55.00 FIRE DEPT TOTAL 10,839.30 AEP /PSO 01/04 USE 63.75 SOUTHWESTERN BELL 02/04 PLEXAR 22.46 METROCALL 12/03 USE 7.12 EMERGENCY PREPAREDNESS DEPT TOTAL 93.33 LOGAN COUNTY ASPHALT COLD PATCH 450.00 MAXWELL SUPPLY OF TULSA REPAIR /MAINT SUPPLIES 294.54 LOWES COMPANIES REPAIR /MAINT SUPPLIES 114.16 MILL CREEK LUMBER & SUPPLY REPAIR/MAINT SUPPLIES 90.88 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 691.71 FUELMAN FUEL 708.37 AEP /PSO 01/04 USE 822.37 AEP /PSO STREET LIGHTING 3,630.23 METROCALL 12/03 USE 56.85 SOUTHWESTERN BELL 02/04 PLEXAR 24.54 MAGNUM CONSTRUCTION STREET REPAIRS 46,780.06 STREETS DEPT TOTAL 53,663.71 MIRACLE RECREATION EQUIP CO SWING SEATS 142.00 ATWOODS TOOLS /CHAIN 66.81 BAILEY EQUIPMENT MOWER REPAIRMWRENCH 236.12 O'REILLY AUTOMOTIVE BATTERIES 373.86 LOWES COMPANIES SUPPLIES 2.61 TREASURER PETTY CASH POSTAGE 13.20 ATWOODS WORK BOOTS- SHADBOLT 70.00 UNIFIRST CORPORATION UNIFORM CLEANING 43.92 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 600.82 FUELMAN FUEL 189.58 AEP /PSO 01/04 USE 530.42 METROCALL 12/03 USE 21.02 SOUTHWESTERN BELL 02/04 PLEXAR 74.68 PARKS DEPT TOTAL 2,365.04 OFFICE DEPOT OFFICE SUPPLIES 11.01 CHARACTER FIRST! MONTHLY BULLETINS 70.00 SAMS CLUB MAINT SUPPLIES 79.52 V E X 0- 0__R DESCRIPTION AMOUNT AEP/PSO 01/04 USE 45.20 SOUTHWESTERN BELL 02/04 PLEXAR 20.55 — -- -65.75 HISTORICAL MUSEUM TOTAL OFFICE DEPOT OFFICE SUPPLIES 400.84 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 29.47 FUELMAN FUEL 31.45 TRIAD PRINTING LABELS 104.70 RIDGWAYS MOUNTING /LAMINATING 52.00 SAV-ON PRINTING PRINTING 251.55 CARD CENTER INTELL DIRECT 375.50 ECONOMIC DEVELOPMENT DEPT TOTAL 1,245.51 GENERAL FUND TOTAL 107,461.14 DENISON, MILDRED REFUND ##5449 67.23 OFFICE DEPOT OFFICE SUPPLIES 239.32 PACE PRODUCTS OF TULSA AMBULANCE SUPPLIES 94.00 PSI PHARMACEUTICAL SYSTEMS AMBULANCE SUPPLIES 120.36 ALLIANCE MEDICAL AMBULANCE SUPPLIES 196.89 MEDTRONIC PHYSIO- CONTROL AMBULANCE SUPPLIES 491.09 BOUND TREE MEDICAL AMBULANCE SUPPLIES 242.47 ALLIANCE MEDICAL AMBULANCE SUPPLIES 1,6395.2n MEDICAL COMPLIANCE SPECIALITY BIO ®WASTE DISPOSAL 74.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 743.75 TREASURER PETTY CASH CPR CARDS 24.00 TREASURER PETTY CASH PER DIEM- PARRIS 126.00 OK STATE DEPT OF HEALTH EMERGENCY RECIPROCITY FILING FEE- ATWELL 150.00 AMBULANCE SERVICE FUND TOTAL 4,264.31 TOTAL RADIO MAINT CONTRACT 675.00 SOUTHWESTERN BELL E -911 1,614.43 E -911 FUND TOTAL 2,289.43 MESHEK & ASSOCIATES ENGINEERING SERVICES 2,339.78 STORMWATER MGMT FUND TOTAL 2,339.78 FALCON AUDIO INC AUDIO SERVICES 3,150.00 CARD CENTER ECOST 199.22 LIVINGSTON APPRAISALS DAVID LIVINGSTON APPRAISAL -86TH ST N- 129/145 E AVE 900.00 LIVINGSTON APPRAISALS DAVID LIVINGSTON 86TI -1®129 E AVE /145 E AVE 419,673.21 YIEN-D-MR DESCRIPTION AMOUNT LIVINGSTON APPRAISALS DAVID LIVINGSTON APPRAISAL -HWY 169/96 ST N 900.00 CAPITAL IMPROVEMENTS FUND TOTAL 424,822.43 LIVINGSTON APPRAISALS DAVID LIVINGSTON APPRAISAL -86 ST N /MINGO RD 200.00 BOND PROJECTS FUND TOTAL - _200.00 WARREN CLINIC LAB TESTS 111.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 5.88 FUELMAN FUEL 29.02 KEYSTONE EQUIPMENT CO REPAIR PARTS 64.00 OCT EQUIPMENT PARTS 52.10 FRONTIER INTERNATIONAL TRUCKS REPAIR PARTS 195.90 FRICTION PRODUCTS BRAKE REBUILDERS REPAIR PARTS 2,158.66 CLASSIC CHEVROLET REPAIR PARTS 111.54 TULSA NEW HOLLAND REPAIR PARTS 155.23 T &W TIRE TIRES 1,866.33 FORD OF TULSA REPAIR PARTS 428.29 CLASSIC CHEVROLET REPAIR PARTS 135.94 AEP /PSO 01104 USE 517.80 METROCALL 12/03 USE 14.24 US CELLULAR CELL PHONE USE 28.75 PAVEYS PAINT & BODY SHOP VEHICLE REPAIR 1,458.07 CITY GARAGE FUND TOTAL 7,332,75 CLAIMS RESEARCH SERVICES PROFESSIONAL SERVICES 3,255.99 UNITED SAFETY & CLAIMS T08242 25.50 TREASURER PETTY CASH CONSULTATION 300.00 UNITED SAFETY & CLAIMS THIRD PARTY ADMIN 1,417.67 PPO SOLUTIONS MEDICAL REVIEW FEES 87.48 PERRINE, MCGIVERN, REDEMANN, PLLC C11139 184.80 GREATER TULSA ANESTHESIOLOGY 810163 171.15 TULSA ORTHOPAEDiC ASSOCIATES Ml 1070 477.69 FONDA S MORGAN CSR C11139 61.75 ORTHOPEDIC HOSPITAL OF OK C11213 2,484.00 EICHERT, STEPHEN J. DO 810163 56.80 TULSA OUTPATIENT SURGERY CENTER 810163 938.00 OSU WELLNESS CENTER H07203 693.17 ST FRANCIS HOSPITAL M11070 1,624.72 HILLCREST MEDICAL CENTER L12073 318.31 FIRST STEPS O & P C11213 1,367.20 EASTERN OK ORTHOPEDIC CENTER C11213 1,929.60 EASTERN OK ORTHOPEDIC CENTER Y06133 110.76 ASSOCIATED ANESTHESIOLOGISTS C11213 279.04 URGENT CARE OF GREEN COUNTRY 801064 214.80 TULSA BONE & JOINT ASSOC T08242 34.08 CENTRAL STATES ORTHOPEDIC M09110 68.65 CENTRAL STATES ORTHOPEDIC M09110 870.99 CENTRAL STATES ORTHOPEDIC 007163 20.00 EASTERN OK ORTHOPEDIC CENTER C11213 323.29 EASTERN OK ORTHOPEDIC CENTER G12173 118.94 VEND DESGRIPTTI0N AM®UNT EASTERN OK ORTHOPEDIC CENTER Y06133 138.21 OWASSO PHYSICAL THERAPY CLINIC C10223 40.57 URGENT CAME OF GREEN COUNTRY L12073 37.87 URGENT CARE OF GREEN COUNTRY 801064 199.08 MEDICAP PHARMACIES 801064 34.29 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG TTD PAYMENTS 269.08 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG TTD PAYMENTS 269.08 THOMPSON, DENNIS SETTLEMENT 9,480.00 Oki TAX COMMISSION SPECIAL TAX UNIT SETTLEMENT 260.70 WORKERS COMP FUND TOTAL 28,163.26 GRAND TOTAL X76,873.10 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 2/7/04 Qe 'nent WdL__ Overfirne Expenses TotaExpense-a Municipal Qourt f90 W, Managerial 0.00 17,002.39 -Engineering . .... 0.00 9,920.19 Support Services 0.00 5,541.68 108.11 7,124.32 Fire 1,042.80 50,634.41 ........... ..... ... . Streets 320.36 13.930.79 Community-Senior Center 0.00 4,196.87 Nw* Emerqencv 911 Fund ',T,,T,orker's Comp Self-insurance Fund t 1 706.30 fundtoa�,NO 1111�1 �=11111 TO: TEIE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ANNEXATION — (OA 04-01.) DOMINION CORPORATION BACKGROUND The City of Owasso has received a request from the Dominion Corporation, applicant/owner, for the annexation of approximately 19.75 acres, more or less. It is the intention, at this time, that if the request is approved the applicant would proceed with rezoning and developing the r�roperty in a residential manner. � ALYSIS The City of Owasso has received a request from Dominion Corporation, applicant/owner, for the annexation of approximately 19.75 acres, more or less. A general area map and complete legal description are attached. A copy of the City of Owasso's annexation policy is attached for your information and review. The subject property meets all of the requirements included in the policy with the exception of tract size, as stated above the tract size is 19.75 acres, a '/4 of an acre less than the preferred 20 acres. The Owasso 2010 Land Use Master Plan calls for residential development to occur in that general area. gw,m U I NXIMA&M&WOMMMSMEA ANNEXATION-COMNHTTEE On January 28, 2004 the Owasso Annexation Committee convened to consider the request, t Committee consists of City department directors, representatives of the Owasso City Counc Planning Commission, the Owasso school board and citizens at large. The Owasso Annexati Committee unanimously recommended approval of the request. PLANNING COMMISSION On February 9, 2004 the Owasso Planning Commission held a public hearing to consider the request. At that meeting the Commission unanimously recommended approval of the request for annexation, There were no comments from the general public. RECOMMENDATION Staff recommends approval of OA 04-01 to annex the subject property into the city limits of Owasso. BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, constituting not less than three-fourths of the registered voters and being the owner of not less than three - fourths (in-value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: A tract of land located in the E/2 of the SE/4 of Section 329 T-21-N, R-14-E of the Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S, Government Survey thereof, being more particularly described as follows: The E/2 of the SE/4 of the SE/4 AND the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; LESS AND EXCEPT Commencing at the Southeast comer of Section 32: THENCE N 00'10'35" E along the east line of the SE/4 of Section 32 a distance of 827.00 feet to the "Point of Beginning"; THENCE N 89049'25" W and perpendicular to the east line of said SE/4 a distance of 326.40 feet; THENCE N 00010'35" E and parallel with the east line of said SE/4 a distance of 165.40 feet; THENCE S 89049'25" E and perpendicular to the east line of said SE/4 a distance of 326.40 feet to the east line of said SE/4; THENCE S 00010'35" W along the east line of said SE/4 a distance of 165.40 feet to the "Point of Beginning". being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. STATE OF OKLAHOMA, ss. COUNTY OF TULSA, IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my notarial seal the day and year last above written. Notary/ ,Kdblic My Commission Expires: DNotary Public Oklahoma " ") CIA E OFFICIAL SEAL So S. S I JASON S. SHEFFIELD TULSCOUNTY TULSA COUNTY j COMMISSION *: 03013868 My Com'ss"n "'s 1 1 0/ 00 MY cornrr�ission Expires: 11/20/2007 Petition for Annexation Legal Description and Physical Address LEGAL A tract of land located in the E/2 of the SE/4 of Section 329 T-21-N, R-14-E of the Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: The E/2 of the SE/4 of the SE/4 AND the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32.- LESS AND EXCEPT Commencing at the Southeast comer of Section 32: THENCE N 00'10'35" E along the cast line of the SE/4 of Section 32 a distance of 827.00 feet to the "Point of Beginning"; THENCE N 89049'25" W and perpendicular to the east line of said SE/4 a distance of 326.40 feet; THENCE N 00010'35" E and parallel with the cast line of said SE/4 a distance of 165.40 feet; THENCE S 89'4925" E and perpendicular to the east line of said SE/4 a distance of 326.40 feet to the cast line of said SE/4; THENCE S 00'10'35" W along the cast line of said SEA a distance of 165.40 feet to the "Point of Beginning". 6600 North 129th East Avenue Owasso, OK 74055 I Set 3/8' Steal Pin with a Yellow Plost;c Stamped 1253'. 00 f2�p 50 . the Boundary Corner and on the Boundary Una Found Chiseled 'X' with Concrete Nall In Bridge Dock, South Quarter Comer of Section 32, T-21-N. R -F- rTu400 County, State of Oklahoma Vt=- 1969.43 Found PX Non, SoAb-.2t Carver of the E/2 of the 51/4 of the SE/4 of Section 32. T -21-N, R-14-E, TO.. County, Stole of Oklahoma ra W Non .1th Tin Set 3/8' Steal Pin with a Yelt.. P103tic Cap Stamped 'RLS 1253'. 50.00 from Each Section tine - S 89'57'46'W - 660.48 The South Una of the Sr-/4 of S—.b'.. 32, T-21-N, R• 14-E, Tulsa County. State of OWohoma East 6 6th Street North \-Found 5/8' Steel Pin, Southeast Cormr of Section 32. 7-21-N. R-14-r- Tulsa County, State of Oklahoma U '0 �7 6 Lr) co ff U) Set 3/8' Steal Pin with a Yelt.. P103tic Cap Stamped 'RLS 1253'. 50.00 from Each Section tine - S 89'57'46'W - 660.48 The South Una of the Sr-/4 of S—.b'.. 32, T-21-N, R• 14-E, Tulsa County. State of OWohoma East 6 6th Street North \-Found 5/8' Steel Pin, Southeast Cormr of Section 32. 7-21-N. R-14-r- Tulsa County, State of Oklahoma SEast 7M F . treet NO i . 3 vi, a . g i F tors Owasso Community OAA 04-01 Development Department 1 1 1 N. Main St. Dominion Corporatioll Owasso, OK 74055 918.376.1500 NW comer ®f E. 6661 St. N. and N. 12M E. Ave 918.376.1597 www.cityofowasso.com E. 66th St N. ANNEXATION POLICY The following annex "3tion policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation, m,.. �, �. WITTITIRWJ21 I I I N Main Street, Owasso, Oklahoma MEMIBERS PRESENT MEMBERS ABSENT STAFITPRESENT Steve CaWueRa Crq; a Thoendel Duane Cuthbertson Ron Cates Dale Prevett Brent Colgan Robert Carr Tim Rooney Bill Roach Rickey Hayes Chief Lonny Fisher Eric Wiles Dewey Brown Ken Fisher Chief Dan Yancey The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on January 8, 2004. 1, ALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM. 4. ADJOURNMENT — Mr. Cates moved, seconded by TW Cataduella, for adjournment. The motion carried 6-0. The meeting was adjourned at 5: 10 PM. NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 9't' day of February, 2004. At that time and place, consideration will be given to the petitioned annexation of the following described property: A tract of land located in the E/2 of the SEA of Section 32, °T-2I-N, R- 14-E of the Indian meridian, Tulsa County, state of Oklahoma, according to the official U.S. Government Survey thereof, being more particularly described as follows: The E/2 of the SE/4 of the SEA AND the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this 5h day of January, 2004. City of Owasso Community Development Department O THE HONORABLE :1 :2®R' »9CITY COUNCIL CITY 9LOWASS FROM. DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING - OZ 04-01 OLD FIRST BAPTIST CHURCH DATE. FEBRUARY 11, 2004 E d}d£ V S 2 S » ±2 ±5 -2(125 Issue# 10 "Protecting residential areasftom commercial and industrial encroachment " The site fronts the 86h Street Corridor. This particular street is a high intensity corridor more suitable for high intensity zoning districts such as CG. It seems to reason that an RS-3 zoning district with all of its possibilities might not be the most appropriate zoning designation for the subject site. In addition, allowing residential development on the site would be inconsistent with the Master Plan. If the request is approved any future development would be required to meet the provisions set forth in the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. RECOMMENDATION: Because the request is consistent with the Goals of the 2010 Land Use Master Plan and compatible and appropriate for its location on one of Owasso primary commercial arterials staff reconunends approval of Or 04-01. ATTACHMENTS 1. OZ-04-01 Application 2. General Area Ma, . 3. Legal Notification 4. Legal Descriptions GENERAL LOCATIO PRESENT ZONING_ PROPOSED ZONING 5oo C. 97 q S f-rlo PRESENT USE PROPOSED USE LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN & SUBIMITTED IS COIMPLETE, TRUE AND ACCURATE :NATU DATE ] ]?]Ro A Please submit the completed application form and application fee along with a Certified 00' Radius Report (available from an Abstract Company) 'Lo the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED 4 CV i oj'Owasso Department of Community Development 111 North Main (918) 376.1540 PO Box 180 MIN FAX (918) 376.1597 Owasso, OK 74066 -37601542 Inspections. www,.dtvofowa-q-qo..r.nm NOTICE TO PROPEWT7 OWNER OZ-04-01 A TRACT OF LAND IN THE NE/4 OF THENE/4 OF SECTION 29, T-21-N, R-14-E OF'ITIE IND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA; MORE PARTICULARLY DESCRIBE AS FOLLOWS, TO-WIT. I As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. ff you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 1 1 1 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 15th day of December, 2003. Sincerely, (I Uane Cuthbertson City Planner /FIRST BAPTIST OWASSO 103 16:52 9183963228 Nov. 17,2003 919272957S 11117/03 0S:S4pm P. 004 WATSON SURVEYING CO PAGE 04 401 E. ROGERS 0 BLVD, SKIATOOK, OKLA, 74010 918-396-3214 PROPERTY DESCRIPTION ,'rIRST BAPTIST OWASSO 918272e87s 11/17/03 05:54pm P. 002 iG.52 9183963229 WATSON SURVEYING CO PAGE 03 SFCT16" --29-- COUNTY Nw. cor. NW4 E= 5CALE !'--APT 0348�53 F U. WE ..k.k. 5EMON LINE WAM LINE .-W-w- GA,S LINE HXCTRIC LINE TELCPHONC LIK ..T.-T- 5ANITARY SEWrR EA,;EM[MT LINE ...... HkaNNN 0 LEUM TO. THE HONORABLE MAYOR AND CITY COUNCIL -CITY OF OWASSO FROM: DUANE CU'IMERTSON CITY PLANNER SUBJECT. EASEMENT CLOSURE (LOT 10, 11 BLOCK 3 COFFEE CREEK) Other than being built over a utility easement the house meets all Owasso Zoning Code and Subdivision Regulations including side setbacks. PLANNING COMMISSION: On February 99 2004 the Owasso Planning Commission held a public hearing to consider the request for approval of the casement closure. At that meeting the Commission unanimously recommended approval. RECOMMENDATION Staff recommends approval of the Easement Closure request by Bob Jones of Charney and Buss. ATTACHMENTS 1. Easement Closure Request Letter 2. Site Drawings 3. General Area Map. 4. Letters from Utility providers January 6, 2004 City of Owasso Attn: Duane Cuthbertson 111 Na Main Owasso, OK 74055 Re: Vacating Easement; Ordinance Release Dear Mr. Cuthbertson'. We are preparing to file an action to vacate one easement and a portion of an adjacent easement in Coffee Creek, both of which easements have been dedicated to the public. As a preliminary step, we would like to request an ordinance release of such easement and portion of adjacent easement. The two easements involved as described --is: 1 The Northerly Five (5) feet of Lot Ten (10), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, The easement on Lot 10 is to be vacated in its entirety. With respect to the easement on Lot 11, only the portion of the easement into which the residence encroaches is to be vacated. This small, triangular ®shaped piece of land is described as follows: A part of Lot Eleven (11), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded plat thereof, more particularly described as follows: Commencing from the Southwest corner of said Lot 11; thence N 84 °30'24" E a distance of 79.78 feet to the Point of Beginning; thence N 71 °31'47" E a distance of 7078 feet; thence S 18 °28'13" E a distance of 1079 feet; thence S 84'30'24" W a distance of 7099 feet to the Point of Beginning. It is our understanding that there are no utility lines in the easement portions to be vacated. Pursuant to your request, we will seek letters from each affected utility company indicating no objection to vacating of these easements, Should you require additional information, please contact me, Your assistance in this matter is very much appreciated. Very truly yours, M- I _L E L r I li V� C ".ELLJHG - TR -,r L %110 /,TLC ELEI.E'l .-V 'FEH '-,ME _Fll._. t! .-tj, TIJL_- A M_ I 711E A-- I,CP F I --fERL' A,E jF L'T - L:J, FHP�� Ti, A F,11T F _CFT R-'- III FEE-. r- ItIE 11 r E A j F I. THE D "I!_' I �'iE ' 'F-1,: --,I I iC E PI FI .:E> fp :III .- Y'=p ...... F. It- -------- ------ KM IN M F F r"Ll "I %TT i --F It Benchmark Sitt-veving and Land Set-vices, Inc. F1 P E: !,.F PE11- E LINE �ul D SE VA Ij HU i I EA EMPI T E L r I li V� C ".ELLJHG - TR -,r L %110 /,TLC ELEI.E'l .-V 'FEH '-,ME _Fll._. t! .-tj, TIJL_- A M_ I 711E A-- I,CP F I --fERL' A,E jF L'T - L:J, FHP�� Ti, A F,11T F _CFT R-'- III FEE-. r- ItIE 11 r E A j F I. THE D "I!_' I �'iE ' 'F-1,: --,I I iC E PI FI .:E> fp :III .- Y'=p ...... F. It- -------- ------ KM IN M F F r"Ll "I %TT i --F It Benchmark Sitt-veving and Land Set-vices, Inc. ALB-2-2UN MUN Ub:2U FM HdAly W� Rrtnvn Alay"a, ,—rf Mlya ;0orlb IM r. J 11 r I w� 12 1 YO 8". %" :tit, kN�, "Silite 202 (:sbLOmmin 74055 De-u- Nlr 3mics ommow Mmiim GAs A ()Ivi.siog or ONEOK 3ftimary 2-8, 2004 Vf- var-ativa of J,`�awllleul 'd coffee Creek in the City of Owah,50 0148° office recvjwd a 101cr reque9ting vacation of casement at C'Offee Creek W wa"-Os HIM SPecifictill-Y, illc No g 41wrly fil'cl ftet 'If lot 10, Block 3, Coffee CrC6-, rui.sa County, Also, a porti011 of the CMD1011 1101)9 the soul 1tvrly five Not of lot 11, Mock 3, Coffi-le O-eck, 1191 AffiliflOn to the City Of O'wylsso,'Fulsa County' 0141AD-oma. P146.OW 110 141r'Sell that O".11ioma Natur.11 Gas CoOTIPMlY has no objection to the Vacation of SAd easeme nN, Ito wevvy, it [sast� he ad'visco Mal 01dallonla Naharal Gas Conq)UY 11AS a 2" plastic rnedialln pressure Mall, II)c ated (%A 1110 five Foot easoment paralle.fing North 141" East in front of said lots. ➢r Y1)1l have ,tray' (Illestions, )lease fQ.tl free to ca my office at 274-4003. traatg;ca° f, NortIRT111.5a Metro 12250 bast (Ah Street Norh ® Ow-wo, OX 74055-5315 18) 27 HWO b fay (918) 274-4020 - mt)bilc (918) 630-4703 ® Ng•r (918) 761-0323 khrom,ric"mig cons F, U2 JAN-28-2004 WED 09:28 AN FAX NO, P. 02 Dato: October 9, 2003 To: Sally Mosoby charlicy 8" charney Froi w B )ob Johnson light-of- may A ent 918-599-2 21 1 0-Inail: Re- Vacation of Easernont — Coffee Creek We will, howev,�r, need to be granted an additional 5 feet of easement on Lot I I in order to protect the primary cable from encroachment, To that end, I have prepared and enclose the proposed Underground Right-of-Way Easement for execution by the President of Premi,3r1lomes, Inc. The qLICStiOn did arise in my mind as to whether PSO should also r,°quc.,4 siibordination of the existing mortgage on Lot I I to this new PSO Easement, however, I concluded that this mortgage will no doubt be released in the not too distant future and that, 1hercf0re, jumping through the hoops of a subordination was not 11ccossiry. Oiice the Easernent is signed and notarized, assuming it meets with your approval, please t, forward to trio for recordino at the above address, following which I will send you a copy 0 that rcfleus the Clerk's recordim, information thereon, 0 hinuty20,2004 Illank You, 9.64A.41 jll l jcxly cyat-amill ,Maoa-er 0 Waslibigtoa Co. RWDO JAN-Zd-fUUq WED UU:�8 AM FAX NO, K 04 Jan wry 21, 2004 l0bert W. ones, 1'.sq. C'1 I A R N EY & 13 UISS, P.C. 11156 G 96" S1, !% SLite 202 Ow;isso, OK 74055 Re. V11C.1fing Easement „® Coffee Creek, Owasso, Oklahoma Imar AAM Jones: In ir9mmse to your letter of j,,jnjjlry 16, 2004, Soullmestern Bell Telephone, L.P. does rut ohjwt to your requmt to vacate the casmcnts ckscribed as: 0 The Nomhorly five feet of lot ten block three. ® A part of loo clever block throc which join.,; )oI tell, Pltmso' IL't me know it' You fl=l airy 1`1117111Cl- ill1`01-111',ition. Yours, ruly, Joe Owen 101"lager 111gineel-ing J)Csigll JAN-28-2UU4 WED 09;28 AM FAX NO, P, 05 The closing of the easements at the location referenced above satisfy the reguiraments of COX COMMUNICATIONS CENTRAL 11, INC. However, this i.q not'to be construed that at some future date we may not require additional easement(s) to satisfy the requirements of the customer who occupies this properly. Spacial Conditions: TO: THE HONORABLE MAYOR AND CITY COUNCH, CITY OF OWASSO FROM: DUAN-E CUTHBERTSON CITY PLANNER SUBJE CT-. FINAL PLAT — GARRETT CREEK CENTER U114, In' HIM The Paragon Development Group i.E requesting approval • the Garrett Creek Cent , Final Plat so that they may plat and eventually develop the property as a Commercil I shopping center. The final plat is a part of the Garrett Creek PUD (OPUD 02-02) whi outlines the use of the property as commercial thereby making the proposed use leg according to the Owasso Zoning Code. The site will be served sewer by the City of Owasso. The property will attain water from Washington County Rural Water District #3. The Owasso Technical Advisory Committee reviewed the Garrett Creek Cent Preliminary Plat at its December 30, 2003 meeting and had the following conditioi I 1. Name the service road: North 135t" East Avenue. MIMU-19- Additionally, any development on the property will be subject to a site plan review and must comply with the development guidelines set forth by the Owasso Zoning Code and Subdivision Regulations. 1. General Area Map 2. Final Plat Application 3. Garrett Creek Center Final Plat 4. Garrett Creek PUD # 02-02 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAME GENERAL LEGAL DESCRIPTION OF TRACT mow' JE­C_— DEVELOPE L-C- ENGINEER/ARCHITECT ADDRESS ADDRESS PHONE. 2Y] (.9 - cA k0 YAX PHONE aL—L A--U—ZL1 �3�FAX t Zotling =resent Use Proposed Zoning �Propo�sedUse��� Present TRACT -T� INFO WMATION I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval have been met or listed below as conditions protested. DEVELOPER SIGNATURE �jk,,c, ­,j DATE Conditions Protested TAC MEETING DATE OPC MEETING DATE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NTUMBER I APPROVED DENIED—_ M I I C­fr C-4 Failrv.% 2, Garrett R 14 E Creek Center EASY 110TH SI.EZT NORTH 47 AN AMMON M ME CITY OF CWASW lw TULSA COUNTY, 0XXAHOMA - T PAD. NO. OPUD-0202 21 F- S.d. 2-Li� 5 SURVEYOR: OWNER/DEVELOPER: EAST 106TH STREET NORM Benchmark Surveying & Paragon Development Group, LLC. Land Services, Inc- 401 Went 2nd Avenue Location Map Legend P.D. Box 1078 0—ozo, OW.horno 74055 -A _P=� 0­1 01d.horn. 74055 ph—. (918) 376-9100 Ph­ (918) 274-9031 1 ux am B El Ewe MM S Akdh 420-10' Z170 i=2 6B.5 1 9' 'S' .06. 85308 500,62' ' 8 0 13s. PR A-1 T 1'4. -22.70' H ..0 i..9 M I I C­fr C-4 Failrv.% 2, Deed of Dedication mow PLL OErI BY MESS PIESOI g. 1 -Ew Mr. MAtEEOPpEli O®t .Yeiw1E]IP CbmAen, LLC, !plffivAf1FA SrVE1MES GctIED a'. M MVO < -. OLNAIID fSK ES(alE •o Na1FD M M tltt . OmA'SO 1VL4L _N' StAfE IX OPIMIWA l: A TRACT OF LAND MAT IS PART OF ME NORM ST WA , (Nw /4) OF gGRRr ,. Totm4EWP 19 M PANGE 14 EAST OF ME I.p.& Y., -A COUNTY, CKIANCmA,y. 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BY A TANCE LE A OVD MOEFIRE IS - TO oY4AMµT AND I TO PAY 10 MOw .5'-A550UAAASSFS.%I[NCi3 ¢ [ lApU9En M� m NAIXCrro n¢ AEYN+¢ .A MCI -PFSflO - Low mMN G�AwEn aNM1rER au�a�3".aeENi Llp W ME Loi AGMKt - IT a YALE .1 ME aFN STALL ¢ 9AINONAn: N MC UMN IX AMY - YWM . ENTO1coInR _TS IX M As4otlAMN _THOU! wrA,lol rE wal OIXnu INnrN9 r PS MTM_ ASmaARN 1rar­ ME Xoe- NS001NLAOM. U M VAAaR NENMIR SCI RRM YrERN M9i OOOAFJIt. NO w1ALL NAK M NaeT ro FNFtNCE M UEN CarTNMOS M M SNE EARNT a5 A LM OVNER CAN . E. cRUAmrs Mn COmwa4 AREAS M O+PU1Y ASSDUixN 91A11 tE R ®p®p nA IHE RIDa0. IdAP¢uFNl Ai0 uKlipurtl (NID coASgrl AAUH OAUU¢ [ASOENR ua wNA1 AcCL 55 [AS.W` i0. N ER f>E➢t CONIES. CERTIFICATE OF 0TIIiER941A AAit® NcY -WM ro ' � a MID [aac rraa�aCN9Sir 9nM a.N CMTFICATE OF SURVEY L AZVN u RRtOI�q MEMO® 19ION�RNWYwM PAR .� 4 KmIDr ®tmT Mai AM>.r, � 1 Lm lu�i ��rAr rte q4N As cuW.lr �a r.Onlll ax �r w W ®¢ n• ¢p owAS4o, nASA c4Nn, srAE a oaMCY4 a A mmE Aw cwND! Rm¢mtrana � s.m snWr arlRS Yi NAM aN1 sW MS naY MMy u.N r. A1ANLw1 �� n� IRAN ZS oK. �y4491 Qy4t N teV .a oT A . MPIWU) 5 EaNtt IX n.3A 1 060r¢ mE. M adKIbNDI, a xMwl RNY N NO SPA SAA Cahn aN) STAE W iN4_DeY m nE nornrx � NnoEwY �MI Alm rawosac arrmamlr. 1s wm� CERTIFICATE OF FINAL PAT APPROVAL I IW'Dr CgiSY Mal Ms Mt YAE AAPAmWO 0r M WticM on corer¢ N nx^. DAP . app. G-It trek C­1, F-tw ory 2. 2004 11Z k 0,0 CORPORATE OFFICE 1202 ldyllwild. Broken Arrow, OK 74011 918-455-5881 Fax:918-451-0879 Planning Concept- Garrett Creek Planned Unit Development March 14, 2002 39PI!10—ATE OFFICE: 1202 Idyllwild- Broken Arrow, OK 74011® 918-455-5881 , FAX 918-451-0879 DESIGN STUDIO* 2001 E. 13th Street® Tulsa, OK 741041 918-592-4431 , FAX 918-584-6365 www.vipbelk.com/golfuesign email: slaox0a intellex.com `MA %"'z U-1 as GOLF COURSE DESIGN LAND DEVELOPMENT PLANNING Planning Concept- Garrett Creek Planned Unit Development March 14, 2002 39PI!10—ATE OFFICE: 1202 Idyllwild- Broken Arrow, OK 74011® 918-455-5881 , FAX 918-451-0879 DESIGN STUDIO* 2001 E. 13th Street® Tulsa, OK 741041 918-592-4431 , FAX 918-584-6365 www.vipbelk.com/golfuesign email: slaox0a intellex.com open space design theme and further illustrate how the land use and focal point mix will blend and be compatible throughout the overall design. Each element henceforth will be detailed for site plan review as timing and market conditions dictate. HsTH STREET NORTH I_GARRETT CREEK PEU,D, DEVELOPMENT PLAN (RS3 / CO ZONING) lZ -Ell, 1­1 .1 TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO Nis OO EXTRA WORK: It is the intention of the City of Owasso to ensure completeness of the contract plans and specifications, however, this contract includes construction which may result in unforeseeable circumstances and field changes. As a result, a process using Work Change Directive-, has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. RESOLUTION 2003-12: Council adopted Resolution 2003-12 on August 19, 2003 (see Attachment A) delegating the City Manager the authority to make Work Change Directives in accordance with the following criteria: Work Change Directives for an amount not to exceed $10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. It was also stated at that time that once the work was completed or a final cost and time determined, the Contractor will submit documentation for inclusion in a Change Order (see Attachment B). The Change Orders will be submitted to Council for final review and consideration. Page 2 Change Order Number 1 E 86th Street North Improvements CHANGE ORDER NUMBER le Work Change Directives for this project have been authorized in conformance with the established procedure. Changes that have been authorized to date are as follows: Work Cltaabe Directive Date Authorized Description of work Added z days Cost Cu nulativc Total Number requested 1 12/1/03 Relocation of sewer to replace 11ft 0 $6,718.88 $6,718.88 station to preserve trees 2 1/9/04 Lower 12-inch water line to 0 $9 SOp.00 $16,21 8.88 accommodate extension of drivewa s 3 1/26/0^ Extend driveways to proposed roadway I 5 $4,2196,00 $20 514.88 elevations 4 1/27/04 dock out concrete paving for future 4 $2 474.00 $22,988.88 lacement of drainage structure Change hot rubber Joint sealer to 5 1/27/04 s" one sealant and ehminatc ccnterlinc 0 $9,143.00 $32,131.88 J oitlt Since the cumulative total of authorized work change directives has exceeded $30,000, a Change Order is being submitted for Council approval at this time. Therefore, Change Order Dumber I in the amount of $32,131.88 (representing 1.3 percent of the original contract amount) is proposed for authorization and modification to the total contract amount to a total of $2,504,197.08. A total of 9 added days have been requested to complete these work elements. FUNDING: Funds for the Change Order are available in the Capital Improvements Fund. RECOMMENDATIONS: Staff recommends Council approval of Change Order Number 1 to the contract for E. 86th Street Forth Improvements (N. 129` E. Avenue to N. 145th E. Avenue) with Becco Contractors, Inc. in the amount of $32,131.88 with 9 days added to the contract time and a revised contract total amount of $2,504,197.08. ATTACHMENTS: A. City of Owasso Resolution No. 2003 -12 B. Memorandum to Council dated August 14, 2003 C. Work Directive Changes 1-5 D. Change Order Number I 1p 1. m mmmur r� r� CITY OF OWASSO 919 376 1599 P.01 APPROVED AND ADOPTED this 19th day of August, 2003 by the City Council of the City of Owasso, Oklahoma. ATTESTo TO. THE HONORABLE MAYOR AND CITY COUNCIlu CITY OF OWASSO FROM: ANA Co STAGG, P. E. ENGINEERING PROA CTS A AGER SUBJECT: WORK DIRECTIVE CHANGE - EAST 86 TH STREET NORTH IMPROVEMEN (N 1291H E AVE TO N 145 TH E AVE) I MM of August 2004). Construction will be performed in four phases and will commence with improvements to the cast bound lanes. MAN It is the City's intention to ensure the completeness of the contract plans and specifications. However, work in this contract includes construction around and to existing utilities and infrastructure which may result in unforeseeable circumstances and field changes. As a result, it is anticipated that modifications to the engineering drawings and changes in the work be performed to complete the intended design. These changes may result in additional or deductive costs to the project contract amount. Paragraph 109.04, Extra Work, of the General Conditions states the following: The CONTRACTOR shall do any work or furnish any materials which cannot i-casoiiably be classified under any of the items of the contract by which may Page 2 Work Directive Change East 86"' Street North Improvements (N 129"' E Ave To N 145'1'E Ave) Additionally, it is possible that an adjustment to the bid quantities be necessary at final payment to reflect actual quantities provided during the construction of improvements. The contract was awarded as a unit price based on the best estimate of required quantities. However, such quantities cannot be guaranteed and are rather used for the purpose of comparison of bids. Under either case, a Change Order is necessary per Section 600 of the Contract. Change Orders are to be processed through the Contractor and Owner for authorization. For this project, the Owner is the City Council acting on behalf of the'City of Owasso; therefore, all Change Orders are to be approved by City Council. Under these conditions, provisions could be made for the use • a form entitled "Work Directive Change". Procedures and policies enabling the use of the form are discussed below. The Work Change Directive has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. These changes are often initiated in the field and may affect the contract price and/or time. This form is not a Change Order but only a directive to proceed with work that may be included in a subsequent Change Order. The Public Works Director initiates the form, including a description of the items involved and attachments. Based on information transferred between the Department and Contractor, the Public Works Director will complete and sign the form and all copies are to be sent to the City Manager or Council for authorization. The Public Works Director along does not have authority to authorize changes in price or time. ,a 14 Page 3 1h Work Directive Change East 86 Street North Improvements (N 129"' E Ave To N 145"' E Ave) In order to keep from potential delay in the project and associated cost increases, authorization for changes shall be expedited whenever possible. To expedite processing of the Work Change Directive, staff is requesting Council authorization for the City Manager to act as a representative of Council. The City Manager requests to be delegated authorization for Work Change Directives for an amount not to exceed $ 10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. Once the work is completed or a final cost and time determined the Contractor will submit documentation for inclusion in a Change Order, The Change Orders will be submitted to Council for final review and consideration. In accordance with Oklahoma Statutes, contract changes shall be subject to compliance with provisions of the Oklahoma Public Competitive Bidding Act of 1974. Chapter 6 1, paragraph 121 entitled "Change orders or addendums" states the following: A Resolution of the Council delegating authority to the City Manager is required to implement the above process. Resolution No. 2003-12 is attached providing this authority. The Resolution has been reviewed by the City Attorney. Staff recommends Council adoption of Resolution No. 2003-12 delegating to the City Manager authority to make change directives in an amount not to exceed $10,000 per occurrence or a maximum cumulative total of $30,000 per Change Order, subject to the limitations of the Public Competitive Bidding Act of 1974. ATTACHMENTS: A. Work Directive Change Form B. Oklahoma Statutes Chapter 61, paragraph 121 C. City of Owasso RCSOILItio►i No. 2003-12 MmEflm� �m )ate to begin work: COST C TOTAL TO DATE mlim�r� Total with this request (Est.) Total (Actual) CONTRACTOR DATE LCOMMENDED BY: PUBLIC WORKS DIRECTOR DATE (i ITIORIZED BY: CITY MANAGER DATE MC: Afticli miditiomd 1mcktipsjjcets;as I-eqtjjj•c(j 61 9.121 PUBLIC BXJILD,INGS AND PUBLIC WORKS § .121. Change ocders or addendums BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO THAT: Gary Cochran, Mayor Sherry Bishop, City Clerk . ^ DATE: 09/02/03 PROJECT- OWNER ENGINEER VVDCN0. 1 East 86th Street North Improvements (N 129th E Ave to N 145th E Ave Citv of Owasso 0. H. Guernsey & Company o CONTRACTOR- BeooOCQOtr@(tors. Inc. 0 Justification O[Goal: Relocation of sewer line necessary to i t | 10 established Pear trees located along North 137th East Avenue (private road). Easement was obtained after award of contract. Date to begin work: September 2, 2003 Materials Labor $2,154.95 $2,154.95 Equipment Bond M.596\ $83.63 $83.63 Previous VVDC Profit U.596\ $836.38 $836.38 Total |T{}T7\L | $0.718.88 | $6.718.88 | ICU "406AUff 9-19-1Z CONTRACTOR DATE Note: Attach additional backup sheets asrequired CONTRACTOR: BECCO Contractors Justification or Goal: Relocation of sewer line necessary to preserve approximately 10 established Pear trees located along North 137 East Avenue (private road). Easement was obtained after award-of contract. M Equipment afflfi%��� R * �ffkl 00 �, 11, MIME MOM CONTRACTOR DATE Note: Attach additional backLip sheets as required dP L- 'Wr P? EE �9 W22_ aw M m A ll Wo N up ®W�m�m�l� ®��'�t m ROJECTNO.: 014160-14AF COUNTY: TULSA DATE: 9/4/03 6th STREET NORTH 129thTp14Sth /ESCR|PT|{}NUFWORK: INSTALL 4'8AN|TARY SEWER MANHOLE ITEM 4'|D MANHOLE VERTICAL FEET BOTTOM &INVERT /\LDKGASKETS CAST|RON RING AND COVER Foreman Operator Skilled Laborer UNITS COST QUANTITY AMOUNT VF $45.00 8.5 $427.50 EA $98.00 1 $98.00 EA $60.00 2 *120.00 EA $120.00 1 $120.00 MATERIAL COST $765.50 NO. RATE/HR 1 *15.OU 1 $13.50 2 W5O HOURS AMOUNT 30 *4GO.00 30 $4O5�OO 30 $510.00 $0.00 $0.00 $1,365.00 UNIT DESCRIPTION NO. COST/HR HOURS AMOUNT 3ATnP8J 1 $7.61 30 $228.30 Track Hoe Ram 1 $80.78 10 $807.80 Track Hoe i $52.42 10 *524.20 Loader 1 $31.40 10 $314.00 $0.00 EQUIPMENT TOTAL $1,874.30 PAYROLL COSTS INSURANCE $115.89 SOCIAL SECURITY (F|CA)& UNEMPLOYMENT TAXES $170.82 WORKERS COMPENSATION $111.38 PAYROLL ADDITIVE $406.09 TOTAL MATERIAL, LABOR &EQUIP. $4.410.03 1.596 $0616 $4,477.05 15Y6 $861.83 $5,138.68 $= $5,138.68 D = 1 EA $5.138.68 BECCO CONTRACTORS, INC. COST BREAKDOWN FOR SUPPORT OF SUPLEMENTAL AGREEMENT PROJECT NO.: 014100-14AF COUNTY: TULSA DATE: 11/3/2003 86th STREET NORTH 128thTD145th DESCRIPTION OF WORK: , PC MANHOLE AND DELIVERY TO CITY OF OWASSO YARD Iffligmt ITEM 4'0 MANHOLE VERTICAL FEET BOTTOW18INVERT ALDKGASKETS CA3T|RON RING AND COVER Foreman CLASSIFICATION EQUIPMENT UNIT DESCRIPTION PAYROLL COSTS INSURANCE SOCIAL SECURITY (F|CA)& UNEMPLOYMENT TAXES WORKERS COMPENSATION UNITS COST QUANTITY AMOUNT VF *45.08 9.5 $427.50 EA 'q139 8.0 0 1 $98.00 EA $80.00 2 $120.00 EA $120.00 1 $120.00 MATERIAL COST $765.50 N0. RATE/HR HOURS AMOUNT 1 $15.00 2 *30.00 *O.00 $0.00 *O.0O $0.00 LABOR TOTAL $30.00 NO. COST/HR HOURS AMOUNT 1 $7.01 2 %15.23 $0.00 $0.00 $0.00 $0.00 TOTAL COST FOR WORK DESCRIBED I-OTAL UNIT COST FOR WORK DESCRIBEI: $2.53 $3.93 $2.45 $8.93 $819.65 $12.29 $122.85 $954.89 1 LS $954.89 RO­Jff—CT N .: 014160-14AF COUNTY: TULSA DATE: 9/4/03 3th STREET NORTH 129thTO145th ESCR|PT|DN0FWORK: 12xO SEWER TEE ITEM i2X8TEE CLASSIFICATION Foreman Skilled Laborer EQUIPMENT UNIT DESCRIPTION 3/4TnP8J Quickie Saw PAYROLL COSTS INSURANCE SOCIAL SECURITY (F|CA)& UNEMPLOYMENT TAXES WORKERS COMPENSATION UNITS COST QUANTITY AMOUNT EA $90.48 2 $180.98 $0.00 $0.00 $0.00 MATERIAL COST $180.96 ND. RATE/HR 1 $15.00 1 $8.50 NO. COST/HR 1 $7.61 HOURS AMOUNT 4 $60.00 4 $34.00 $0.00 $0.00 *U.00 HOURS 4 4 AMOUNT *3D.44 $12.00 $0.00 $0.00 $0.00 $7.98 $1231 $7.87 $27.97 $345.57 $5.18 $51.80 $402.35 O= 2 EA $20118 WORK DIRECTIVE DATE: 01/05/04 WDC No. 2 The following work or other items are requested for acceleration in accordance with Change Order No. 1 Overrun G ? ?St■¥ and *Z for 2« lowering « : the « ?d22 :m w"'.' 3 I I r10 M §& « »2t. ■Z ?»§dJ »v12w ?»,t2 <2y2 °+ « :T2 --' ° ° z .:. «,r# a« 2 � Justification or Goal: Ex ©2 2 «esatS %». §« °2Z+w d ;#74.50 do tot¥ ¥+posed a£©Q<d ?nfi *ate tbegin work: Jan &,2 « 200 MW LOW Telephone 91 6-2684 Tulw OK, 74157-0169 Fox 918445-4936 Demtuber 19, 2003 Dear Ana, 'IT AUX A 'M Wal M-7 M0.57 1), U119MMIMUN-10- =,,' tZ 'M 4-141 Ilk- Over Run Unit jLe Descrintion LLnih _QMgntiW Price Extension 70 Removal of Asphalt SY 206 $ 1.00 $ 200.00 86 120 Water DIP LF 100 $ 70.00 $ 7000.00 Onow 87 12n Fittings for Water EA 5 $500.00 $ 2500.00'mmm 88 Agg Base Type A CY 46 $ 28.00 $ 1288.00 90 Type A 64-22 Asphalt TIM 48 $ 36.00 $ 1728.00 91 Type B 64-22 Asphalt TN 24 $ 45.00 $ 1080. 0 TOTAL COST $13796.00 Ilk- UM WDC No, 3 The following work or other items are requested for acceleration in accordance with Change Order No. 1 Overrun Items No. 70, 88, 90, and 91 for the removal of asphalt and extension of the drives -M - - - ----- Justification or Goal: Extend Drives at Station 16+23.73 and 18+74.50 Date to begin work: January 6, 2004 V1011110M _WWWW" 88. A•g Base Ty A 90. Ty A 64-22 Asph R. B 64-22 Asph �M VA 11001 U, 10 5 M 00 am - - - - - - - - - - - 11001 U, 10 5 M 00 am Becco Contractorsq Inc. RO, Box 9159 Telephone 918 - 445 -2684 Tulsa, OK 74157-0159 Fax 918-445-4936 December 19, 2003 "Mhe %ity oI " %-fl wasso Attn: Ana Stagg, P.E. P.O. Box 180 Owasso, OK 74055 RE: 864h Street North Improvements. 129th to 14541 Dear Ana, The quantities for the extra work for the drive extensions at Station 16+23.73 and 18+74.50 do to the new roadway elevations will be as follows for the above referenced project: The work associated with these items of work will require an additional ,5 working days to complete. ME= Sincerely, frne-�JA Over Run Unit Item ppscription Units _QYAn—V-1!Y- Price Extension 70 Removal of Asphalt SY 206 $ 1.0.0 $ 200.00 86 12" Water DIP LF 100 $ 70.00 $ 7000-00 87 12" Fittings for Water EA 5 $500.00 $ 2500.00 88 Agg Base Type A CY 46 $ 28.00 $ 1288.00 %now 90 Type A 64-22 Asphalt TN 48 $ 36.00 $ 1728.00 amm 91 Type B 64-22 Asphalt TN 24 $ 45.00 $ 1080.00 gown TOTAL COST $13796.00 The work associated with these items of work will require an additional ,5 working days to complete. ME= Sincerely, frne-�JA DATE: PROJECT: OWNER: 01/23/04 CONTRACTOR �M Justification or Goal: Block out of concrete paving for the future placment of drainage structure crossing road at approximate Sta 39+80.00. Date to begin work: January 26, 2004 AUTHORIZED BY: 111, �", DATE-- I DATE: PROJECT: OWNER: 01/23/04 NUMMMIM CONTRACTOR WDC No. 5 The following work or other items are requested for acceleration in accordance with Change Order No. I Change the hot rubber joint sealer to silicone sealant, and elliminate the centerline joint for a better end product. Justification or Goal: Hot rubber joint sealer is used for asphalt or residencial streets not on arterial streets. The silicone seaFa—ntis for arterial concrete streets. Date to begin work: January 26, 2004 Materials $ $7,891.06 $ $7,891.06 Labor $ $0.00 $ $0.00 Equipment $ $0.00 $ $0.00 Bond (1.5 %) $ $113.81 $ $113.81 P Previous WDC $22,988.88 Profit (1.5 %) $ $1,138.13 $ $1,138.13 T Total $32,131.88 TOTAL $ $9,143000— $ $9,143.00 Moto _"I AU1, Note: Attach additional backup sheets as required )AM-Oa-2WII(TUE) 11:12 8 r 1 10 M F (FAX)9184454936 P.002/002 P.O. Box 9159 Tatephone ®18 5 ®2684 Tulsa, OK 74167-0,159 FOX 910-446A6M January 04, 2004 City of Owasso Attn. J B P.O Box 180 Owasso OK 74059- RE: 86th Street North, 129"' to 1451h 0, 7, vo Yle Wifilson Estimator CHANGE ORDER PROJECT: 86th Street North from 129th East Ave. CHANGE ORDER NUMBER to145th East Ave. CONTRACT DATE: August 5, 2003 DATE: February 9, 2004 TO CONTRACTOR: Beoco Contractors, Inc. CONTRACT FOR: The Contract io changed aafollows: Relocation of New Brentwood Lift Station bypass sewer, Overrun of Items 88 & 87 to lower 12" water line, Overrun of items 70. 88. QO. & 81 for driveway extension, Overrun of ibannm 2' 70. 88. & 91 for b|ookout of pavement for future drainage struntune, and the change of hot rubber Not valid until signed by the Owner and Contractor The original contract aumwao $ 2.472.065.20 Net change bypreviously authorized Change Orders $ - The Contract Sum prior m this Change Order was $ 2.472,065.20 The Contract Sum will be(incnmnwu)Wom=aseu)(vnnhangod)hy this Change Order in the amount nf $ 32.131.88 The new Contract Sum including this Change Order will b* $ 2.504.197.08 The Contract Time will bn(incrmmseJ)(demeooed)(unnhpnged)by The date nfSustanUo| Completion ayof the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. ^ Becco Contractors, Inc. U0011 10 i Tulsa, OK 74157 BY:] The OWNER 'o' TO: HONORABLE MAYOR AND CITY COUNCIL, CITY OF OWASSO FROM. SHERRY BISHOP FINANCE '�; as DIRE, CT3 9 RESOLUTION 2004-03 INVESTMENT REVENUE ' ATE. February 13, 2004 I= I The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement and investment of funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities (except OEDA). The total in the Consolidated Cash Fund varies throughout the year depending on cash flows and major purchases. The Consolidated Cash Fund currently has $5 million in certificates of deposit earning from 1.3% to 1.35 %. Municipal funds are restricted to -.,;cure investments, so interest rates are always low. Current interest rates are extremely low. One investment option available to the City is a RAN issued by a trust authority of the city. A RAN offers advantages for both the Authority and the City. The Authority can borrow funds through a fairly simple process at a low interest rate and the City can acquire a secure investment at better interest rates. One effect of this action is the reduction in the cash balances of city funds on deposit with our local banks. However, staff is of the opinion that investing the city's Consolidated Cash Fund in a RAN of the OPWA would be a more productive and effective use of the funds. The use of a RAN by the city would then provide for the concept of line-of-credit financing for future projects, allow local banks to have a first option for longterm financing, and put the city money to work in a more efficient manner. City Resolution No. 200403 authorizes the city treasurer to invest city funds in a Revenue Anticipation Note issued by the Owasso Public Works Authority and approves the indebtedness of the OPWA. The Revenue Anticipation Note is structured to allow the OPWA to draw funds as needed for Capital Improvements Projects for an amount not to exceed $4,000,000. The OPWA may prepay the note whenever other permanent financing is obtained. The RAN will pay 2% interest to the city on the balance of the funds drawn against the note. The RAN matures March 1, 2005. At that time, the note may be renewed or the terms of the note could be modified. Interest on the note will be paid from the third -penny sales tax which is restricted to constructing or financing capital improvements projects. OPWA Resolution No. 200402 authorizes the issuance of the Revenue Anticipation Note by the OPWA and authorizes the execution of all necessary documents. The resolution also authorizes the transfers of the proceeds drawn on the note to the Capital Improvements Lund of the City to pay for the construction of the capital improvement projects. Staff recommends Council approval of Resolution No. 2004-03 authorizing the investment in a Revenue Anticipation Note issued by the Owasso Public Works Authority. Resolution No. 2004-03 Revenue Anticipation Note Loan Agreement WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that the City presently maintains funds that have reserves which have reached a level that would allow for investments of a significant nature and for long tern investments that might produce a higher yield; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that investment opportunities are problematical due to the low level of interest rates presently existing in the market as well as legal restrictions placed upon the placement of public funds in the market; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that after exploration of several investment opportunities and the discovery that the return on investments of a traditional nature would not be significant, alternatives to traditional investments that would produce a higher yield in an otherwise depressed investment climate have been ascertained; WHEREAS, the City Council of the City of Owasso, Oklahoma, has determined that the Owasso Public Works Authority, an Oklahoma Public Trust, having the City of Owasso, Oklahoma, as its beneficiary, has a present need to raise additional funds for Capital Improvement Projects; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that a present need in the amount not to exceed Four Million Dollars ($4,000,000) exists on the part of the Owasso Public Works Authority, and that the Owasso Public Works Authority, is desirous of obtaining such funding from the City of Owasso, Oklahoma in a manner that would produce for the City higher yield on its investments while at the same time assisting the Owasso Public Works Authority in completing the Capital Improvement Projects, community enhancement projects; and, THEREFORE, BE IT RESOLVED BY O OF THE CITY OF OWASSO, OKLAHOMA, THAT TO-WIT: SECTION TWO® The Mayor, or Vice-Mayor as the case may be, the City Clerk or the Deputy City Clerk as the case may be, and the City Treasurer or Deputy Treasurer as the case may be, of the City of Owasso, be and they hereby are, authorized and empowered for and on behalf of the City of Owasso, Oklahoma, to execute, deliver and receive the Agreement and Revenue Anticipation Note of the Owasso Public Works Authority exhibited hereto and such further agreements and documents and to take such actions as such officer or officers may deem necessary or desirable in order to carry out and perform the investment and to effect the purposes thereof and to consummate the transaction contemplated thereby. SECTION THREE. That in accordance with public finance provisions of the Statutes of the State of Oklahoma relating to municipal investment of funds, 65 O.S. Section 345.1(5), the income received by the City of Owasso from the investment herein contemplated shall be placed, on a pro rata basis as hereinafter set forth, in the Contributing Funds within the City of Owasso, Oklahoma Consolidated Cash Account. Such pro rata distribution of income shall be made on the percentage basis that the Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, bears to the Contributing Funds within the Consolidated Cash Account of the City of Owasso, Oklahoma. Any Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, subsequently closed by the City Council of the City of Owasso, Oklahoma, shall receive no further pro rata distributions of income. PASSED AND APPROVED this — day of February, 2004. CITY OF OWASSO, OKLAHOMA By: LOU Ronald D. Cates, City Attorney REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY Dated as of the I" day of March, 2004 Owasso, Tulsa County, Oklahoma $4,000,000.00 The Borrower may prepay this No in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. The City may, at any time prior to the due date of payment of this Revenue Anticipation note call for an early pre-payment in whole, or in part, if it is determined by the City, in its sole discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory refinancing hereof. All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by this Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the obligation of any party. This Revenue Anticipation Note together will all extensions, renewals substitutes, modifications and/or changes in form hereof is secured by the Security Agreement which respects certain property and interests located in Tulsa County, Oklahoma. C7'!7tT+A;7=7T frC71WT -r aft Oklahoma Public Trust M Sherry Bishop, Secretary WMINSIMINRA Delivery receipted this _ day of --- - 52004, m Sherry Bishop, City Clerk NI WIVITOTM Gary Cochran, May ®r THIS LOAN AGREEMENT (the "Agreement") made and entered into as of the 1St day of March, 2004, is by and between the Owasso Public Works Authority, an Oklahoma public trust, (the "Authority"), and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the City has determined to make a loan to the Authority, aggregating $4,000,000.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount not to exceed $4,000,000.00, (the "Note") to enable the Authority, pursuant to certain of its approvals, to finance the costs of the construction of the Capital Improvement Projects (the "Prod ects"). YMEREAS, pursuant to the terms and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note; and WHEREAS, the payment of the Note is to be secured by a subordinate security interest in the revenues of the Authority, receipts and receivables, under the conditions as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.1 The City's Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make the loan to the Authority in the amount not to exceed $4,000,000.00. 1.2 Issuance of the Authority Note. Subject to the terms and conditions hereof and in reliance on the representations and covenants made herein, the Authority agrees to issue the Note to the City. The loan shall be repaid with interest in accordance with the terms of the Note. The Note shall be delivered to the City at a closing (the "Closing") which will occur at such time and place as may be agreed on by the Authority and the City. Upon the issuance and delivery of the Note, and the satisfaction of all the conditions precedent of this Agreement, the City shall, upon receipt and approval of requisitions therefor, advance the proceeds of the loan to the Authority to pay the costs of the Proj ects. 1.3 Loan Advances. The loan advances on the Note shall be made pursuant to a Loan Schedule to be executed after final approval of the construction contracts for the Projects. Each request for an advance shall be accompanied by a certificate signed by the project manager, describing the invoices for which the loan advances are sought, certifying that the work, labor or materials for which the loan advance is sought have been performed according to the plans and specifications or as approved 1 by the City, and certifying that sufficient funds are available under the Note to complete the construction of the Project in accordance with the plans and specifications. Lien wavers from all contractors and subcontractors shall be provided by the Authority with each loan advance. 1.4 Terms of the Note. The Note shall be in substantially the form set forth in Exhibit A attached hereto, lntzxest shall accrue, be payable and subject to adjustment, as provided for in the Note on 1--he outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) A duly certified copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, and related instruments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of (I) this Agreement, (ii) such financing statement(s) as respect the foregoing, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Project (the "Breakdown") and all amendments thereto, all for approval by City; and (0 Such other and further materials and/or information as the City may reasonably request. 2 -SPECIAL OBLIGATION; PLEDGE; SATISFACTION 53w, The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4.1 Performance of Agreements. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements on its part to be performed and observed under this Agreement and the Note and in order to provide for and to assure payment of the principal of the Note and interest thereon when due. 4.2 Creation of Charges on Revenues. The Authority shall not create or suffer to exist any additional assignment, pledge, security interest or other lien, encumbrance or charge on any revenues of the Authority to be pled-led. 4.3 Amendment. The Authority shall not alter, amend or repeal the resolutions described in Section 2,1(a) hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2.1(b) and 2.1(c) hereof, or take any action impairing any authority, right or benefit given or confer-red by such resolution or instruments. (a) The Authority is an Oklahoma public trust duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, and the other documents contemplated hereby. (c) The execution and delivery of this Agreement and, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to the City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. (f) The Authority shall deliver to the City, within one week after they are prepared, copies of the Authority's quarterly financial statements. 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (a) Nonpayment when due of interest and principal in accordance with the terms of the Note; or M (b) The attachment of any involuntary lien in the sum of $25,000 or more, of any kind or character, upon the Revenues, or any portion thereof, except for taxes due but not in default and liens being contested in such a manner as to prevent execution on the Property; or (c) The entry against the Authority or Lessee of any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (30) days of such judgment becoming a final judgment; or (d) If the Authority shall apply for or consent to the appointment of a received, a trustee or liquidator of themselves or itself, or of all or a substantial part of its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (f) If the petition in bankruptcy is filed against the Authority and is not dismissed within thirty (30) days, or if an order, judgment or decree by any court of competent jurisdiction shall be entered, adjudicating the Authority to be bankrupt or insolvent, without the application, approval or consent of the Authority or if the Authority shall seek or consent to or fail to timely contest of any order, judgment or decree appointing a custodian of all or a substantial part of its assets, or if the Authority shall seek or consent to, or fail to timely contest any order, judgment or decree approving a petition seeking reorganization or appointing a receiver, trustee or other custodian or liquidator of all or a substantial part of its assets; or (g) Failure of the security interests granted in the Agreement to constitute a duly perfected, valid security interest in the Revenues; or (h) The breach of, or default under, any covenant, agreement, term, condition, provision, representation or warranty contained in this Agreement, the Note, not specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof-, or W In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement; or 0) The Project cannot be completed in accordance with the plans and specifications approved by the City with the funds remaining to be advanced on the Note. 5 5.2 Remedies of Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or (b) Realize upon its rights under the security agreement and such other collateral documentation as may from time to time inure to the benefit of the City; or (c) Take whatever action at law or in equity may appear necessary or desirable to collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements, covenants of the Authority under the Note, this Agreement, or otherwise. 6.2 Waivers, etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other agreement or instrument referred to in this Agreement, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law. 6.3 Successors, etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any subsequent holder of the Notes and its successors and assigns. 6.4 Governing Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of Oklahoma. 6.5 Amendments. This Agreement may not be amended, modified, or waived except with the written consent of the parties hereto. 6 6.6 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United ,States Mail, postage prepaid, addressed as follows, except that either party may be written notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority Owasso Public Works Authority 111 N. Main Owasso, Oklahoma 74055 Attention: Crary Cochran, Chairman With a copy too Ronald D. Cates Authority Attorney 111 N. Main Owasso, Oklahoma 74055 City City of Owasso 111 N. Main Owasso, Oklahoma 74055 Attn: Crary Cochran, Mayor rt Zs Ronald D. Cates City Attorney 111 N. Main Owasso, Oklahoma 74055 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 6.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 7 ATTEST: m Is M, By: Sheia-y Bishop, City Clerk Owasso Public Works Authority m Gary Cochran, Chairman m m .' "AuthOrILY 59 Im. TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO 1 ROD,71: SHERRY BISHOP — FINANCE DIRECTOR SUBJECT: SUPPLEMENTAL APPROPRIATION WORKERS' COMPENSATION SELF INSURANCE FUND DATE: February 13, 2004 With the success of the self-insurance program, the annual premium paid into the fund has actually decreased. The current premium is 2.6% of payroll for a $156,000 budget. Because the total payroll has increased over the years, the "loss fund" was allowed to increase beyond the original goal. The current fund balance is approximately $800,000 and is held in the Workers' Comp Fund as a reserve. This year and last year have had some unusually expensive claims. The current budget for medical claims is $85,000. The payments for medical claims this fiscal year to date is $112,671. The most expensive medical claims have already been paid but a budget supplement is needed for this fiscal year. Staff requests a $70,000 supplemental appropriation for the Workers' Compensation Self Insurance Fund. The fund balance reserves in the Workers' Comp Fund are sufficient to cover this request. The attached Budget Report shows the current budget and proposed amended budget. 1111, Staff recommends approval of a supplemental appropriation in the Workers' Compensation Self Insurance Fund in the amount of $70,000. ti Workers' Comp Self Insurance Fund, Budget Report CITY OFOWASSO VVORKERS'COMPENSAT|0N SELF INSURANCE FUND FISCAL YEAR 2UO3-20U4 Budget Report AooY February 11.2004 ;:UND BALANCE (GAAP Basis**) Beginning Balance Ending Balance °°Noha GAAP Basis Fund Balance is reduced by a reserve for pending claims liability. Proposed Aobue| Current Proposed Amended Year toDate Budget Bud t Amendment Budget 76.440 156.800 158.000 5.457 20.000 20.080 13.727 - 95.624 176.000 - 176.000 15.416 30.000 30.000 28.789 32.000 32'000 112.671 85,000 70,000 155.000 14.457 40.008 40.000 57.373 60,000 60,000 228.708 247'000 317.000 70,000 °°Noha GAAP Basis Fund Balance is reduced by a reserve for pending claims liability. THE l i HO 3 R L? 1, MAYOR l CITY COUNCI RONALD CITY OF OWASSO D. CATES CITY ATTORN f +1 1 At the direction of the City Manager, there is presented for the Councils' consideration the issue of whether the City should seek permission from the Chief Justice of the Supreme Court of Oklahoma to file with such Court an Amicus Curiae brief in the above referred to matter. According to Black's Law Dictionary, "Amicus Curiae" means, literally, friend of the Court. Amicus Curiae briefs are commonly filed in appeals concerning matters of broad public interest by one that, although not being a party to the action, nevertheless has a strong interest in the subject matter of the action pending. Lawton Cogeneration, L.L.C. ( "Lawton "), filed an application on January 23, 2002, before the Oklahoma Corporation Commission pursuant to the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. Sec. 824a -3, 18 C.F.R. Sec. 292.101 et seq., and Okla. Stat. tit. 17, Sec. 34.1, requesting the Commission to enter an order requiring Public Service Company of Oklahoma ( "PSO ") to negotiate and execute a long -term purchase power agreement and to set avoided cost rates for such. The parties before the Commission in the proceeding held by it in Cause Number 200200038, in addition to Lawton, were PSO, the Oklahoma Attorney General and Oklahoma Industrial Energy Consumers ( "OIEC "). OIEC, PSO, and the Attorney General's positions before the Commission were that the avoided costs sought by Lawton were drastically overstated, disadvantageous to Oklahoma consumers, and against the public interest. These parties also took the position that if a power sales agreement was forced on PSO, that such an agreement be limited to, at most, a five-year term. On November 26, 2003, the Commission, by a vote of 2-1, issued an order determining that Lawton had established a legally enforceable obligation as of no later than September 26, 2002, and setting PSO's avoided capacity cost payments to Lawton for a term of twenty years. The Commission, with several modifications, adopted the power sales agreement proposed by Lawton and ordered PSO to enter into such agreement. From this order the Attorney General, PSO and OJEC lodged their appeals. A copy of the Order is not attached due to its length (24 pages). If any Councilor is desirous of receiving or reviewing a copy please let me know and a copy will be made available. In determining whether or net to participate in an appeal as a nonparty Amicus Curiae it is submitted that attention should focus on four (4) basic issues. In this regard, such issues are as follows, to-wit: first, what are the issues presented for resolution; second, what interest does the City possess in the resolution of the presented issues; third, what contribution can the City make in regards to resolution of the issues presented; and, fourth, what is the attendant cost of the participation? The Appellants for appellate review have presented numerous issues. Attached to this Memorandum is EXHIBIT C-ISSUES AND ERRORS TO BE RAISED ON APPEAL. This listing was taken from the Appellant's Petition In Error filed with the Supreme Court. It is submitted that although the listing sets forth many propositions of error for consideration by the Supreme Court, the determinative questions are whether the Corporation Commission adequately performed its duty under federal and state law, and whether the Corporation Commission's findings are supported by substantial evidence. Smith Cogeneration Management, Inc. v. Corporation Comn,1993 OK 147, 863 P.2d 1227. Tiiu City does possess an interest in the resolution of the presented issues. Initially, the City is as a significant user of PSO electric service. The cost of the service provided by PSO to the City for its facilities and streetlights is impacted by the Order appealed from. Also, the City, ever mindful of the health, safety and welfare of the citizens of Owasso, can act on behalf of the citizens of Owasso who are ratepayers affected by this order. Increased costs of service can have an adverse effect on the residential, commercial and industrial members of the Owasso community. Although it is impossible to quantify the impact of contribution resulting from the City's participation in the appeal as Amicus Curiae, it is nevertheless submitted that without participation, the City's voice, as a ratepayer and as a representative of ratepayers, will not be heard. This matter is pending in the Supreme Court of the State of Oklahoma, a judicial forum. Unlike executive or legislative forums, only a few avenues to be heard are available to nonparties in a judicial proceeding. The privilege of being granted Amicus Curiae status is one such avenue that enables nonparties to participate in a proceeding upon whom the outcome will have a direct effect. Accordingly, it is submitted that the contribution occurs from the City's position being considered by the Court in the proceeding. The costs associated with the filing of an Application For Leave to File Amicus Curiae Brief as well as the Amicus Curiae Brief are relatively nominal. Initially, there is no filing fee to the Supreme Court. Secondly, the only direct out of pocket expense associated with the filing and briefing will be the copying and postage expense for the transmittal to the Supreme Court and to the parties of the Application For Leave to File Amicus Curiae Brief as well as the Brief of Amicus Curiae. The time expenditure or. my part is estimated at approximately 20 to 30 hours. All factors considered, it is submitted that such costs are not significant when compared with the overall impact of the rates to be experienced as a result of the Order, It is recommended that the City Council authorize the City Attorney to prepare and process the necessary papers with the Chief Justice of the Supreme Court of the State of Oklahoma as well as the Supreme Court of the State of Oklahoma to submit a Brief as Amicus Curiae in the appeal referenced above. I M IN 11 91 1 = -Mi , R I , I . The finding of the Oklahoma Corporation Commission ("Commission") that Lawton Cogeneration, L.L.C. ("Lawton") established a legally enforceable obligation is not supported by substantial evidence and is contrary to law. 2. The avoided cost rates set by the Commission are not just and reasonable nor in the public interest, will have an adverse economic impact on Oklahoma customers and industries, and is not supported by substantial evidence, in violation of the Public Utilities Regulatory Policy Act of 1978, 16 U.S.C. § 824a-3 et seq. ( "P A "), 18 C.F.R. § 292.304(d)(2)(ii), and Oklahoma law. 3. The rates for purchases of capacity and energy established by the Commission exceed PSO's avoided costs, in violation of Section 210 of PURPA, 16 U.S.C. § 824a-3, and 18 C.F.R. §§ 292.101(c)(6) and 292.304(a)(2). 4. The Commission's finding that the non-dispatchability of Lawton's proposed facility should be disregarded is in violation of P and 18 C.F.R. § 292.304(e). 5. The Commission's requirement that PSO enter into a power sales agreement with Lawton for a 20-year term is unjust, unreasonable and against the public interest, in violation of PURPA, the regulations implementing PURPA, and the substantial evidence in the record. 6. The Commission's determinations that PSO cannot rely on market purchases of electricity to meet current and future needs and that those needs must be met by use of a peaking generation facility are not supported by substantial evidence. 7. The Commission's finding that PSO needs the amount of capacity purportedly committed by Lawton is not supported by substantial evidence. 8. The Commission's decision to disregard offers received by PSO in establishing avoided costs is contrary to PLWA. 9. The Commission disregarded other sources of power available to PSO in the wholesale electric market in Oklahoma and in the Southwest Power Pool region in determining avoided costs, in violation of P and the Federal Energy Re.alatory Commission's ("FE RC's") regulations implementing PURPA. 10. The Commission's determination of the rate required to be paid by PSO for purchases from Lawton are not just and reasonable to Oklahoma consumers of PSO, are contrary to the public interest, and exceed PSO's avoided cost, in violation of P and the FERCs regulations implementing PURPA. 11. The Commission's refusal to determine avoided costs through competitive bidding violates P because such competitive bidding would have established the true 12. The power sales agreement imposed by the Commission on PSO is in violation of P by requiring PSO to purchase power that it does not need, at a purported fixed rate that is based on PSO's cost to build an unnecessary plant to generate unnecessary capacity, for a term of 20 years. 13. The Commission's establishment of avoided capacity cost payments to Lawton for a twenty-year term as of the date of a purported legally enforceable obligation, while establishing avoided energy payments based on PSO's future natural gas costs, rather than establishing an avoided energy cost at the time the purportedly legally enforceable obligation was established, violates PURPA and 18 C.F.R. § 292.304(d)(2)(ii). PUBLIC SERVICE COMPANY OF OKLAHOMA, PLAINTIFF/APPELLANT, M OKLAHOMA INDUSTRIAL ENERGY CONSUMERS, 0 NO. 100123 (Oklahoma Corporation Commission Cause Number PUD-200200038) OF AMICUS CURIAE COMES NOW the City of Owasso, Oklahoma, Applicant, by and through its duly authorized and acting City Attorney, Ronald D. Cates, and pursuant to the provisions of Oklahoma Statutes, Title 12, Appendix 1, Oklahoma Supreme Court Rules, Rule 1.12® Brief of Amicus Curiae, submits the following. A. Applicant is a municipal corporation duly organized and existing under and by virtue of the Constitution and Statutes of the State of Oklahoma. Applicant operates in accordance with the Constitution and Statutes of the State of Oklahoma as well as its duly adopted Charter; B. Applicant is interested in the referenced proceeding due to Applicant, in its corporate capacity, being a large volume user of the electrical service provided by the Appellant as well as the Applicant, in its governmental capacity, being representative of the residential, commercial and industrial citizens and inhabitants of said City that are customers of the Appellant; C. Applicant submits the following as questions of fact and law that are relevant to this proceeding which may not be presented adequately by the parties, to -wit: 1. The avoided cost rates set by the Commission are not just and reasonable nor in the public interest, will have an adverse economic impact on Oklahoma customers and industries, and is not supported by substantial evidence, in violation of the Public Utilities Regulatory Policy Act of 1978, 16 U.S.C. § 824a -3 et seq. ("PURPA"), 18 C.F.R. § 292.304(d)(2)(ii), and Oklahoma law. 2. The rates for purchases of capacity and energy established by the Commission exceed PSO's avoided costs, in violation of Section 210 of PURPA, 16 U.S.C. § 824a -3, and 18 C.F.R. §§ 292.101(c)(6) and 292.304(x)(2). 3. The Commission's finding that the non- dispatchability of Lawtop_'s proposed facility should be disregarded is in violation of PURPA and 18 C.F.R. § 292.304(e). 4. The Commission's requirement that PSO enter into a power sales agreement with Lawton for a 20 -year term is unjust, unreasonable and against the public interest, in violation of PURPA, the regulations implementing PURPA, and the substantial evidence in the record. 5. The Commission's determinations that PSO cannot rely on market purchases of electricity to meet current and future needs and that those needs must be met by use of a peaking generation facility are not supported by substantial evidence, 6. The Commission's finding that PSO needs the amount of capacity purportedly co-i-run-Itted by Lawton is not supported by substantial evidence. 7. The Commission's decision to disregard offers received by PSO in establishing avoided costs is contrary to PURPA. 8. The Commission disregarded other sources of power available to PSO in the wholesale electric market in Oklahoma and in the Southwest Power Pool region in determining avoided costs, in violation of PURPA and the Federal Energy Regulatory Commission's ("FERC's") regulations implementing PURPA. 9. The Commission's determination of the rate required to be paid by PSO for purchases from Lawton are not just and reasonable to Oklahoma consumers of PSO, are contrary to the public interest, and exceed PSO's avoided cost, in violation of PURPA and the FERC's regulations implementing PURPA. i 0. The Commission's refusal to determine avoided costs through competitive bidding violates PURPA because such competitive bidding would have established the true avoided costs of PSO. 11. The power sales agreement imposed by the Commission on PSO is in violation of PURPA by requiring PSO to purchase power that it does not need, at a purported fixed rate that is based on PSO's cost to build an unnecessary plant to generate unnecessary capacity, for a term of 20 years. 12. The Commission's establishment of avoided capacity cost payments to Lawton for a twenty -year term as of the date of a purported legally enforceable obligation, while establishing avoided enemy payments based on PSO's future natural gas costs, rather than establishing an avoided enemy cost at the time the purportedly legally enforceable obligation was established, violates PtWA and 18 C.F,R § 292.304(d)(2)(ii). WHEREFORE, the Applicant prays that it be granted leave to file an Amicus Curiae Brief in this matter. Respectfully submitted, Donald D. Cates, O13A 9 1565 111 N. Main St. Owasso, Oklahoma 74055 Telephone (918) 376 ®1511 Facsimile (918) 376-1599 I hereby certify that a true and correct copy of the Application For Leave To File Brief Of Arnicus Curiae was mailed this _ day of February, 20049 to Lynn Williams Kelli Leaf David Dykeman Oklahoma Corporation Commission Office of General Counsel 2 101 N. Lincoln Blvd. Fourth Floor, Jim Thorpe Office Bldg. Oklahoma City, OK 73105 Cheryl Vaught Vaught & Conner, PLLC 50 Penn Place, Suite 1300 Oklahoma City, OK 73118 Deborah R. Morgan Lawton Cogeneration, L.L.C. 100 N. Broadway, Suite 2800 Oklahoma Ci. t y, OIL 73102 Graydon Dean Luthey Jr., Thomas P. Shroeder, James D. Satrom Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 320 S. Boston Ave., Suite 400 Tulsa, OK 74103-3708 And Sharon T. Thomas 100 North Broadway Bank One Tower, Suite 2900 Oklahoma City, OK 73102-8827 by depositing it in the U.S. Mails, postage prepaid.1 further certify that a copy of the Application For Leave To File Brief of Amicus Curiae was filed in the Oklahoma Corporation Commission for the State of Oklahoma on the _ day of February, 2004. ➢' THE H1 tit �°. �` 3"i t' CITY COUNCIL, ! 2 € { b FROM: RONALD CITY ATTORNEY At the direction of the City Manager, there is presented for the Council's consideration the issue of whether the City of Owasso should intervene in the above refervnccd rate and service review proceeding now pending before the Corporation Commission of the State of Oklahoma. Intervention is a procedure by which a third person or party, not originally a party to a pending lawsuit (or as here, an administrative proceeding), but claiming an interest in the subject matter, comes into the case, in order to protect his right or interpose his claim. Accordingly, the instant matter concerns the desirability of the City of Owasso involving itself as a member of the Quality of Service Coalition in this pending administrative /quasi - judicial proceeding to assert and protect the interests of the City of Owasso in its corporate capacity as a customer as well as on behalf of the citizens of the City of Owasso. On February 12, 2003, Joyce Davidson, as Director of the Public Utility Division of the Oklahoma Corporation Commission, filed an application in this cause to initiate a review of the rates and services of Public Service Company of Oklahoma and American Electric Power, all related companies and post merger results relevant to the pending inquiry. Quality of Service Coalition is a coalition of customers, associations and cities in AEP/PSO's service territory. Such coalition did on the 5th day of February 2004, file a Motion to Intervene in the proceeding. A copy of such motion is attached to this Memorandum for your reference. An Administrative Law Judge on the 12th day of February 2004, was scheduled to hear this Motion. It is anticipated that he will recommend the granting of such. The Corporation Commission, en banc, is expected to approve such recommendation and allow the intervention. It is with this coalition that the Staff seeks Council authorization for the City of Owasso to become a member. DISCUSSION: In determining whether or not to participate in the proceeding as an intervening party it is submitted that attention *should focus on four (4) basic issues. In this regard, such issues are as follows, to-wit: first, what are the issues presented for resolution; second, what interest does the City possess in the resolution of the presented issues;-third, what contribution can the City make in regards to resolution of the issues presented; and, fourth, what is the attendant cost of the participation? The issues presented for resolution can essentially be broken down into two (2) major groups. By previous order of the Commission, the proceeding has been bifurcated with the Commission first addressing the issue of service and secondly, the issue of rates. The City does possess an interest in the resolution of the presented issues. The City of Owasso is very concerned with certain aspects of the service being provided by AEP/PSO. Such concern centers on the responsiveness of the utility company to customer complaints and demands for service. Also, the City of Owasso is very interested in exploring the feasibility of line location underground both upon initial installation as well as subsequent relocation. Additionally, the City of Owasso is interested in AEP/PSO being required to self-audit its compliance with Commission mandates and that such audits be made public record. As relates to rates, the City is a significant user of PSO i,Llectric service. The cost of the service provided by PSO to the City for its facilities and streetlights will be impacted any Order entered relating to rates. Additionally, the City of Owasso as a customer could experience significant savings by compelled aggregation of municipal accounts. Instead of multiple accounts with multiple base charges, it would be better to consolidate such accounts to provide one base charge coupled with usage charges. Likewise, the City of Owasso can benefit from identification of street light location by AEP/PSO and being credited for down time on inoperative streetlights. Also, the City, ever mindful of the health, safety and welfare of the citizens of Owasso, can act on behalf of the citizens of Owasso who are ratepayers to be affected by this order. Increased costs of service can have an adverse effect on the residential, commercial and industrial members of the Owasso community. Although it is impossible to quantify the impact of contribution resulting from the City's participation in the rate and service review proceeding, it is nevertheless submitted that without participation, the City's voice, as a ratepayer and as a representative of ratepayers, will not be heard. This matter is pending in the Corporation Commission of 7 the State of Oklahoma, an administrative/quasi-judicial forum. Intervention is an avenue that enables those originally nonparties to participate in the proceeding that will have a direct effect upon such entity or individual. Accordingly, it is submitted that the -contribution occurs from the City's position being considered by the Commission in the proceeding. The costs associated with participating in intervention can be formidable. It is anticipated that for the Quality Service Coalition to adequately prepare and present the position Of the parties the combined costs of Attorney Fees and Expert witness fees could approximate Two Hundred Thousand Dollars ($200,000.00). The exact distribution methodology has not been determined at this time; however, by virtue of agreement of others, the City of Owasso may opt out of the coalition during the first three months without being apportioned any expense. Only after the methodology is agreed upon' will the City of Owasso begin incurring expense. Also, it is hoped that early activity on the part of the coalition (with the municipal players involved) may operate to bring.-about a resolution by stipulation with AEP/PSO without the fully anticipated costs. The time expenditure on the part of Staff is estimated at approximately 20 hours. All factors considered, it is submitted that such costs may end up being considerable, however, when compared with the overall impact of the rates to be experienced as a result of the Order, such are justified. It is recommended that the City Council authorize the Staff to take such actions as are necessary and proper to join the Quality Service Coalition in its Intervention in the rate and service review proceeding of the Corporation Commission relating to American Electric Power/ Public Service Company of Oklahoma. 1. Motion To Intervene of Quality Service Coalition F I L E I) FEB - 5 2004 E - OKC BEFORE THE CORPORATION COMMISSION OF THE SUMUfflAM&SION CORPOP nr PKI-AHeMA NO on OW CAUSE NO. PUD 200300076 NOTICE IS HEREBY GIVEN that Quality of Service Coalition. has filed a Motion to Entervene in the above-captioned cause. NOTICE IS FURTHER GIVEN that the Motion to Intervene will be heard before Administrative Law Judge Maribeth Snapp at the Oklahoma Corporation Commission, Courtroom B, First Floo'r, Jim Th Office Building, 2001 N. Lincoln Blvd., I Oklahoma City, Oklahoma, at 8:30 a.m. on the J-=y of February, 2004. NOTICE IS FURTHER GIVEN that all interested persons may appear and be heard the Commission shall issue such Order and grant such relief as it deems. fair, reasonabI necessary, proper and equitable in the premises. - 11 NOTICE IS FURTHER GIVEN for information concerning this action, contact Lee 11'. Paden, 1201 East-33 d Street, P.O. Box 52072, Tulsa, Oklahoma 74152-0072, (918) 743-7007. CORPORATION COMMISSION OF OKLAHOMA JEFF CLOUD, Commissioner DONE AND PERFORMED THIS S'& DAY OF FEBRUARY, 2004 BY ORDER OF THE COMMISSION: CAUSE NO. PUD 200300076 COMES NOW QUALITY OF SERVICE COALITION. ("Movant"), pursuant to OAC165:5-9-4, and moves the Co fission for leave to intervene in this cause. In support of its Motion, Movant states as follows: 1. Parties, Oklahoma Corporation Commission. The Respondent in this cause is Public Service Company of Oklahoma, American Electric Power, and all affiliato"I M I MIKE 111 -M� c. Movant herein is the Quality of Service Coalition, an unincoprprated association of customers, associations and cities and towns taking electric service from Public Tulsa, Oklahoma 74152-0072. d. The names and addresses of persons notified of this Motion are set forth hereafter on the Certificate of Mailing. 2a jAl gZation of Facts. a. On February 12, 2003, the Applicant filed the Application in this cause to initiate a review the rates, charges, services, service terms and customer service of Public Service Company of Oklahoma and American Electric Power and all affiliated companies and any affiliate or non-affiliate transaction and post merger results relevant to such inquiry. b. Movant is a coalition of customers, associations and cities and towns in AEP/PSO's service territory, and are customers of AEP/PSO, including. communities who have valid franchises with AEP/PSO, and as such, Movant has a direct interest in this proceeding. 3. Lg%jl Authorit<i. Jurisdiction over this intervention exists with the Oklahoma Corporation Commission by virtue of Article 9, Section 18 of the Constitution o-T 111 I I III I 11111111 � 1� I Ii., rITIONIT14001on".0 I alm rule 165:5-9-4. 4. Relief Sought. Quality of Service Coalition respectfully requests that the Commission grant it intervenor status as a party of record, and allow it to fully participate in this caull witnesses, participating in all formal and informal meetings, settlements and hearings and as set forth in the Draft Order attached hereto as Attachment "A". Movant requests that I copies of all correspondence, notices and pleadings be directed to the undersigned counsel for Quality of Service Coalition. ATTORNEY FOR M VANT (duality ®i Service Coaliti ®n 4 M-11-1111 M RRM HEARINGS: February_, 2004, before Administrative Law Judge Maribeth Snapp session and the undersigned Commissioners being present and participating, there comes on for 110 A.jj RX-reffiff MO I ro The Administrative Law Judge (ALJ) finds that Quality of Service Coalition has complied with the Commission's procedural requirements for intervention and is an "interested party" within the meaning of OA C 165:5-9-4 and Recommends the Quality of Service Coalition's Motion to Intervene be granted, The (ALJ) recommended the Motion to Intervene of Quality of Service Coalition be including without limitations, issuing discovery, filing and presenting testimony, cross- examining witnesses, participating in all formal and informal meetings, settlements, conferences and hearings and filing of briefs and any other pleadings or activities necessary to Quality of Service Coalition full participation herein. There being no oral appeal taken to the recommendation of the ALJ, sueb Commissioners. MST-4#4 "Ogr�A�� I OKLAHOMA CORPORATION COMMISSION D IE N I S E' A. B 0 DI,, C h a i a n JEFF CLOUD, Commissioner The foregoing findings and order are the report and recommendations of the Administrative Law Judge, Maribeth Snapp Date Administrative Law Judge ',7 This is to certify that on this 6'h day of February, 2004, a true and correct copy of the above and forgoing Motion to Intervene of Quality of Service Coalition and Notice of Hearing thereof was placed in the United States Mail, postage prepaid, addressed to: Lynn Williams Assistant General Counsel Oklahoma Corporation Commission P.O. Box 52000-2000 Oklahoma City, OK 73152-2000 Jack P. Fite VNte, Coffey, Galt & Fite 6520 North Western, Suite 300 Oklahoma City, OK 73116 James D. Satrom Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 320 South Boston Avenue, Suite 400 Tulsa, OK 74103-3708 Deborah R. Thompson Energetix, L.L.C. 100 North Broadway, Suite 2800 on= Assistant Attorney General State Capitol Building 2300 N. Lincoln Blvd., Suite 112 Oklahoma City, OK 73105 Marc Lewis American Electric Powl Cheryl A. Vaught Vaught & Conner, P.L.C. 50 Penn Place, Suite 1300 Oklahoma City, OK 731 Pit, AL e Paden den M TO: 52.122.0 ABL CITY COUNCIL CITY OF OWASSO FROM- GARY COCIIILAN XA.YOR SUPJECT-. APPOINTMENT OF PLANNING COMMISSION MEMBERS DATE: January 29, 2004 The staff has received letters of resignation from three Planning Commissioners. The vacanciu-, (eft by these three resignations leave two members on the commission. Two of the vacancies ar* 6or terms that expire June 30, 2004, while the other vacancy has an expiration of June 30, 2006. In December, the City solicited letters of interest from Owasso citizens who would like to serve «, the Plann ?!(t missio Additionally, the staff took names from the City's talent bank that indicated an interest in the Planning Commission. The following persons have expressed interest in serving on the Planning Commission: The city council. interviewed the above persons at a public meeting on January 27ffi. Verification has e,?.Ck V.-W a copy of each letter of interest and talent bank application was provided to the City Council.