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HomeMy WebLinkAbout2004.06.01_City Council Agenda'NOVAE TYPE OF MEETING: Regular DATE: June 1, 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 Clerk and posted at City Hall 5:00 p.m. on Friday, May 28, 2004. hliann M. Stevens, Administrative Assistant 1. Call to Order Mayor Kimball 2. Invocation Randy Carpenter, New Heights Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Joyfulness Mr. Lonny Fisher 11aAgeiidasVCotiiicil\2004\060104 doe Owasso City Council June 1, 2004 Page 2 6. Reading of Mayor's Proclamation Mayor Kimball Councilor Brent Colgan Attachment #6 The Mayor will read a proclamation honoring the 2003 -2004 Owasso Rams Baseball Team. 7. Presentation of Employee of the Month. Mr. Ray Mr. Ray will recognize the employee for the month of June. 8. 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 May 18, 2004 Regular Meeting. Attachment # 8 -A B. Approval of Claims. Attachment # 8 -B C. Action relating to Council acceptance of the Coffee Creek Office Commercial Condominiums sanitary sewer system. The subject commercial development is located southwest of the E 106th Street North and N 145th East Avenue intersection. Attachment # 8 -C Staff will recommend Council accept the Coffee Creek Office Commercial Condominiums sanitary sewer system. H.`.Agendns�Councii%2004t 060104.doc Owasso City Council June l,2004 Page 3 D. Action relating to Council acceptance of the Remington Place streets and stormwater drainage system. The subject property is located west of the E 116"' Street North and N 1291h East Avenue intersection. Attachment 9 8-D Staff will recommend Council accept the Remington Place streets and stoirnwatcr drainage system. E. Action relating to Council approval of Resolution No. 2004-10 allowing for the renewal of the E-911 Interlocal Agreement. Attachment # 8-E. Staff will recommend Council approve Resolution No. 2004 -10. F Action relating to Ordinance No. 782, an ordinance approving the Planned Unit Development request from the Dominion Corporation, as made in application number OPUD 04-01, of approximately 19.75 acres, more or less, subject property is located in the northwest comer of East 66th Street North and North 129'h East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment # 8-F Staff recommends Council approval of Ordinance No. 782 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the Planned Unit Development request. G. Action relating to Ordinance No. 783, an ordinance approving the Planned Unit Development request from the Dominion Corporation, as made in application number OPUD 04-02, of approximately 20.05 acres, more or less, subject property is located in the northeast comer of East 121" Street North and North 97'h East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment # 8-G Staff recommends Council approval of Ordinance No. 783 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the Planned Unit Development request. I- 1:,Agendis,Cowici V 2004'060104'&C Owasso City Council June 1, 2004 Page 4 H. Action relating to Ordinance No. 784, an ordinance approving the rezoning request from Kellogg Engineering, Inc., as made in application number OZ 04-03, of approximately 35.46 acres, more or less, subject property is located 0.3 miles south of East 116th Street North and cast of North Garnett Road, and repealing all ordinances or parts of ordinances in conflict herewith, Attachment # 8 ®H Staff recommends Council approval of Ordinance No. 784 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the rezoning request. Staff recommends Council approval of Ordinance No. 785 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the rezoning request. J. Action relating to Ordinance No. 786, an ordinance approving the rezoning request from Tyann Development Co., as made in application number OZ 04-05, of approximately 13.21 acres, more or less, subject property is located approximately 0.3 miles southwest of the intersection of East 96th Street North and North 1291h East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment 9 8-J Staff recommends Council approval of Ordinance No. 786 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the rezoning request. H:Wgendas\Council\2004\060104.doe Owasso City Council June 1, 2004 Page 5 K. Action relating to Ordinance No. 787, an ordinance approving the rezoning request from Hunt Properties, as made in application number OZ 04-06, of approximately 58.5 acres, more or less, subject property is located approximately south and cast of the East 96th Street North and North Garnett Load intersection, adjacent to U.S. Hwy 169, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment # 8 -K Staff recommends Council approval of Ordinance No. 787 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the rezoning request. L. Action relating to Ordinance No. 788, an ordinance approving a request from E. Robert Buss of Charney & Buss to close a utility easement, subject property is approximately located in the northeast comer of E. 103rd Street North and the Owasso Expressway Service Road, extending north adjacent to the service road and ending in the southwest corner of East 106th Street North and North 138th East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment # 8 -L Staff recommends Council approval of Ordinance No. 788 and has listed this item in the consent section of the agenda based on Council action taken May 18, 2004 to approve the utility easement closure request. 9. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2004 -11, a resolution changing priorities previously established for capital improvements projects funded by the third penny sales tax; specifically moving the North Garnett Road and E. 96th Street North projects to the current priority level and removing the N. 1291h East Avenue from E. 76th Street North to E. 96th Street North project from the priority project list. Mr. Ray Attachment #9 Staff will recommend Council approve Resolution No. 2004 -11. 11'. Agendas \Counci P,20041 060104. doc Owasso City Council June l,2004 Page 6 10. The City Council will conduct a public hearing relating to the City of Owasso Fiscal Year 2004-2005 Annual Budget Proposal. Mr. Ray Ms. Bishop The City Manager will present his proposed budget and a public hearing will be held for the purpose of receiving comments and citizen input regarding the Fiscal Year 2004-2005 Annual Budget Proposal from the City Manager. 11. Consideration and appropriate action relating to a request for Council approval to award an engineering service agreement for the North Garnett Road improvement project. Mr. Carr Attachment #11 Staff will recommend Council award an engineering service agreement with C2A Engineering, Inc. of Tulsa, Oklahoma in the total amount of $132,375, authorize the Mayor to execute all necessary documents, and direct the City Manager to allow and compensate only engineering work considered to be preliminary until such time as the developer assumes ownership of the Smith Farm Marketplace Development site. 12. Report from City Manager. 13. Report from City Attorney. H:\Agendas \CoancilLA04 \060104. doe Owasso City Council June 1, 2004 Page 7 i4. Deport from City Councilors. 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 16. Adjournment. 119Agcndas \Council \_OO4 \060! 03 doc we CITY OF OWASSO, OKLAHOMA WHEREAS, The City of Owasso is proud to recognize the achievements of its youth who by focusing to accomplish their goals with endurance and determination promote positive character to their peers; and, WHEREAS, The 2003 -2004 Owasso High School Baseball Team through dedication, commitment and manv hours of hard work, have finished the baseball season 34 -3, winners of the last twenty -three games and making their seventh consecutive appearance in the Class 6A State Championship title game; and, HWEREAS, Under the coaching direction qfLarry Turner and assistants Steve Holleman, David Warburton, Brent McConnell, Zach Duffield, and Bryan Dunn, the Owasso Rants prevail for the second consecutive year and have captured the Class 6A State Baseball Championship title defeating Edmond North in the championship game with a final score of 11 -1 on Monday, May 10, 2004; and, EREAS, The team and coaching staffhave achieved successfor their school, theirfarnilies, their community, and themselves by combining tears effort on and off the field, as well as, maintaining an excellent academic record; IOW, THEREFORE, I, Susan Kimball, by virtue of the authority vested in me as Mayor of the Cio? of Owasso, do hereby proclaim Friday, June 4, 2004 as in our communitV, and do further encourage all Owasso residents and businesses to express then' congratulations and appreciation to Coach Larry Turner, his coaching staff, and the entire tears for their achievements. fN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this P day of June, 2004. Susan Kimball, Mayor Larf ME OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 18, 2,004 The Owasso City Council met in regular session on Tuesday, May 18, 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, May 14, 2004. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. The invocation was offered by Corey Burd, Interim Golf Director at Bailey Golf Ranch. ITEM 3. FLAG SALUTE City Councilor Steve Cataudella led the flag salute. TMEM STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney Mayor Kimball introduced Marsha Boutwell and Melinda Voss, representing the Owasso Historical Museum. Ms. Kimball then read a Mayor's Proclamation proclaiming the week of May 16-22, 2004 as National Museums Week. Owasso City Council May 18, 2004 ...... ------ Mayor Kimball introduced Matt & Marsha McKinney, representing the Aircraft Maintenance Technicians Association. Ms. Kimball then read the Mayor's Proclamation proclaiming the 24" day of May, 2004 be known as Charles Edward Taylor Day to proudly honor all Aviation Maintenance Technicians and advance public appreciation for the contributions made in order to provide safe and reliable air transportation. ITEM 7o CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 4, 2004 Regular Meeting and the May 10, 2004 and May 11, 2004 Special Meetings. C. Action relating to Council approval of Resolution No. 2004-09, a resolution requesting financial assistance from the Oklahoma Department of Commerce for the CDBG '04 program, affirms the City of Owasso will abide by all federal and state rules regarding the CDBG program, and adopts the Citizen Participation Plan. Mr. Cataudella moved, seconded ► Mr. Colgan, to approve the Consent Agenda with clai totaling $809,739.86 and payroll claims totaling $257,911.86; and for Council approval Resolution No. 2004-09, as stated above. I TEA: Colgan, Cataudella, Kimball, Cochran, Thoende-t NAY: None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF OPUD 04-01, A PLANNED UNIT DEVELOPMENT Mr. Cuthbertson presented the item. Mr. Cataudella moved, seconded by Mr. Cochran, to approve OPUD 04-01, a planned unit development located at the northwest comer of the intersection of East 66"' Street North and North 1291h East Avenue, containing approximately 19.75 acres, more or less. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. I Mayor Kimball recused herself from any action on this item stating possible conflict of interests. YEA: Colgan, Cataudella, Cochran, Thoendel NAY: None Motion carried 4-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-03 FROM KELLOGG ENGINEERING, INC. Mr. Cuthbertson presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, to approve rezoning request OZ 04-03 of approximately 35.46 acres, more or less, from AG (Agricultural District) to RS ®3 (Residential Single Family District). The subject property is located 0.3 miles south of East 116th Street North and East of North Garnett Road. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-04 FROM KELLOGG ENGINEERING, INC. Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve rezoning request OZ 04-04 of approximately 30.25 acres, more or less, from AG to RS-3. The subject property is located in the 12300 block of North Garnett Road, just north of the existing Country Estates V. Owasso City Council May 18, 2004 YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 12, CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-05 FROM TYANN DEVELOPMENT YEA: Colgan, Kimball, Cochran, Thoendel NAY: Cataudella Motion carried 4 -1. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-06 FROM HUNT PROPERTIES Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve rezoning request OZ 04-06 of approximately 58.5 acres, more or less, from AG (Agriculture District) to CS (Commercial Shopping Center District). The subject property is located south and west of the intersection of North Garnett Road and East 96'h Street North, adjacent to U.S. Highway 169. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. 4 Owasso City Council May 18, 2004 ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELAJ ING TO A REQUEST FROM E. ROBERT BUSS OF CHARNEY & BUSS FOR COUNCIL APPROVAL OF THE CLOSURE OF A UTILITY EASEMECT Mr. Cuthbertson presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the closure of a utility casement located along the western boundary of the Coffee Creek development area, beginning in the northeast comer of East 103rd Street North and U.S. Highway 169, proceeding north along the Highway 169 right-of-way and ending in the southwest comer of North 138th East Avenue and East 106th Street North. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE CHELSEA PARK FINAL PLAT FROM TULSA ENGINEERING AND PLANNING ASSOCIATES, INC. Mr. Cuthbertson presented the item. Mr. Cochran moved, seconded by Mr. Colgan, to accept the Chelsea Park Final Plat. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None ITEM 16. PUBLIC HEARING. A Public Hearing relating to changing priorities previously established for capital improvements projects funded by the third penny sales tax; specifically moving the Garnett Road and East 96th Street North projects to the Tier I Projects priority level and moving the North 129'h East Avenue from East 76th Street North to East 96th Street North project to the Tier 2 Projects priority level. Mr. Ray presented the item, then opened the floor for Citizen comments regarding the recommendation from the Owasso Capital Improvements Project committee. Mr. Clayton McMartin asked regarding the 96'h Street priority to Tier I if that was only from the intersection of 129h going west. Mr. Ray answered that the rest of 96th was either completed or nearly completed and the priority item covered 96th Street from Owasso Market going west to Garnett Road. There were no other questions or comments from the audience. Owasso City Council May 18, 2004 ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2004-05 CONTRACT WITH THE FRATERNAL ORDER OF POLICE Ms. Dempster presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve the FY 2004-05 contract with the FOP. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2004-05 CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the FY 2004-05 contract with the IAFF. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF A SELF INSURANCE POLICY FOR EMPLOYEE HEALTH INSURANCE Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council to adopt a policy authorizing the City Manager to establish a self insurance fund for employee health insurance. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM20. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT TO REPLACE THE HEAT AND AIR UNITS AT THE OWASSO COMMUNITY CEITTE-V, Ms. Worley presented the item. Mr. Thoendel moved, seconded by Mr. Colgan, to award the project of the replacement of the heat and air units at the Owasso Community Center to Dale & Lee's Service of Owasso, Oklahoma in the amount of $38,780.00. 0 Owasso City Council May 18, 2004 YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY None Motion carried 5-0. 1TEM21. CONSIDERATION AND APPROPRIATE G TO A REQUEST FOR COUNCIL APPROVAL OF A PUBLIC FIREWORKS DISPLAY Mr. Rooney presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, to approve a request for a public fireworks display to be conducted on July 2, 2004, free of charge to the citizens of Owasso and sponsored by the City of Owasso in celebration of Independence lay. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. Mr. Rooney presented the item. Mr. Cataudella moved, seconded by Mr. Cochran, to approve a request from the Owasso Golf and Athletic Club to provide a i w• F on July 3, 2004, free of charge to the citizens of Owasso in celebration of Independence Day. YEA: Col an, Cataudella, Kimball, Cochran, Thoendel NAY: None ITEM 23, REQUEST FROM MR. CLAYTON MCMARTIN TO ADDRESS THE CITY COUNCIL Mr. McMartin addressed the Council regarding access to open records. Specifically, Mr. McMartin requested copies of audio tapes of City Council meetings be made available to him. Mr. Cates responded to Mr. McMartin and cited statutory parameters of the Open Records Act as a basis for the City's administrative policy that defines audio tapes of meetings as a `tool' used for the preparation of minutes. No action was taken on Mr. McMartin's request. Mr. McMartin also requested his written comments regarding the Open Records Act be attached to the written minutes of the meeting. Mr. McMartin's comments are attached hereto. 7 Owasso City Council May 18, 2004 3219 : k Mr. Ray commended City of Owasso City planner Duane Cuthbertson for his diligence and his excellent research during the last few weeks. Mr. Flay also expressed his appreciation to the FOP and the IATF and the City negotiating teams in regards to the settlement of the FOP and IAFF contracts for fiscal year 2004 -2005. ITEM 25. REPORT FROM CITY" ATTORNEY Mr. Cates made available to the Council a copy of the filed Supreme Court brief regarding PSO, The Councilors voiced their appreciation to the citizens in attendance, Ms. Kimball made various announcements regarding City sponsored activities. Mr. Will Williams thanked Council for taking the time to hear the Citizen's comments regarding rezoning issues. Mr. Cochran moved, seconded by Mr. Cataudella, to adjourn. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Pat Fry, Minute Clerk 0 Susan Kimball, Mayor Written comments presented by Clayton McMartin to City Council on May 18, 2004. Let the public record show: Honorable Mayor and City Councilors: Quoting directly from the Open Records Act §24A.2. Public Policy -- Purpose of act: As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government. The section goes on to say: The purpose of this act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. I am therefore demanding that City Council takes immediate actions to make these records available for my personal inspection and reproduction. Mayor Kimball, as my ward representative, will you meet this demand? CITY OFOWASSO CLAIMS TO BE PAID 06/01/04 VENDOR DESCRIPTION AMOUNT" TREASURER PETTY CASH DEPOSIT REFUND 20.00 TREASURER PETTY CASH DEPOSIT REFUND 100.00 REFUND TOTAL 120.00 SAV -ON PRINTING ENVELOPES 64.44 BAILEY, MATT BAILIFF DUTIES 180.00 OK MUNICIPAL LEAGUE CONFERENCE - JACKSON /FOWLER 210.00 MARRIOTT LODGING-JACKSON/FOWLER 96.45 MUNICIPAL COURT DEPT TOTAL - 550.89 CARD CENTER LUNCHEON 136.01 TREASURER PETTY CASH CITY MGR EXPENSES 43.75 AT &T WIRELESS PHONE USE -RAY 154.14 OK MUNICIPAL LEAGUE WORKSHOP 375.00 TREASURER PETTY CASH MEETING EXPENSE 7.00 TREASURER PETTY CASH SEMINAR -CATES 125.00 TREASURER PETTY CASH COUNCIL MEETING 12.95 TREASURER PETTY CASH STAFF TRAINING 71.10 CLARK, EARL ART IN THE PARK 1,800.00 WORLD CLASS COLLECTABLES BRONZE CASTING 2,625.00 CUSTOM CRAFT AWARDS COUNCIL RECOGNITION 95.00 SAMS CLUB MAINT SUPPLIES 29.15 MILLENNIUM JOINT VENTURES USA BRONZE CASTINGS 3,995.00 TREASURER PETTY CASH DOCUMENT FRAMING 40.02 MANAGERIAL DEPT TOTAL 9,509.12 HARRIS COMPUTER SYSTEMS CONFERENCE - BISHOP /RIX/WILLSON 75.00 TREASURER PETTY CASH MILEAGE -FRY 25.20 FINANCE DEPT TOTAL 100.20 WORDCOM COPY PAPER 197.55 PITNEY BOWES POSTAGE SUPPLIES 176.89 CINTAS CORPORATION MAT SERVICES 27.90 OK ASSOC OF MUNICIPAL ATTORNEYS CONFERENCE -GRAY 75.00 AEP /PSO 04/04 USE 1,751.09 NEIGHBOR NEWSPAPER LEGAL NOTICES 33.30 NEIGHBOR NEWSPAPER LEGAL NOTICES 70.40 SOUTHWESTERN BELL 04/04 PLEXAR 180.51 SOUTHWESTERN BELL PHONE USE 989.13 AT &T WIRELESS SERVICES PHONE USE -CATES 42.90 RESERVE ACCOUNT POSTAGE 2,000.00 CHARACTER FIRST! MONTHLY BULLETINS 2,196.18 THE TRAVELING GOURMET MEETING EXPENSE 78.00 INTEGRITY FOCUS CONSULTING 930.00 TREASURER PETTY CASH CHARACTER COUNCIL 9.10 GENERAL GOVERNMENT DEPT TOTAL 8,757.95 N0RDCOM TREASURER PETTY CASH SAM8CLUB METROCALL DELL MARKETING STAPLES LENOX WRECKER SERVICE NATIONAL POWER WASH TREASURER PETTY CASH K8ETROCALL WAL-MART C0MMUN|TY ufflw�w DESCRIPTION AMOUNT OFFICE SUPPLIES 18.02 OFFICE SUPPLIES 8.48 MA|NTSUPPUES 49.88 04/04 USE 28/48 COMPUTER 1.089.70 FAX MACHINE 149.98 COMMUNITY DEVELOPMENT UEPT TOTAL 1,342.34 TOWING CHARGE 54.45 VEHICLE WASHING 15.00 VEHICLE WASH 4.00 04/04 USE 7.13 BOOKCASES 05.48 ENGINEERING DEPT TOTAL 87.30 OFFICE SUPPLIES 98.38 SOFTWARE 151.21 TOOLS 70.00 INFORMATION SYSTEMS DEPT TOTAL CLEANING FLUID 48.65 MA|NTSUPPUES 23.09 MANTSUPPUES 17.50 REPAIR PARTS 304.00 MA|NTSUPPL/ES 64.80 UNIFORM RENTAL 87.30 MA|NTSUPPL!ES 67.90 PLUMBING REPAIR-CITY HALL 44.29 REPAIRS 1'182.20, MA|NTSUPPL|ES 2.49 WORKER PROGRAM 222.39 OOCLUNCHES 30.34 04/04 USE 7.12 CELL PHONE USE 15.08 0404pLEXAR 133.29 pHONEUGE 4.88 SUPPORT SERVICES DEPT TOTAL 2,209.05 04/04 USE 15.00 CEMETERY DEPT TOTAL -15.06 LEGAL 105.00 LEGALDEFENSEJUNE 105.00 TONER CARTRIDGES 99.77 COPY PAPER 83.80 PRINTING 168.10 LAW BOOKS 490.00 AMMUNITION 627.24 CLEANING SUPPLIES/PHONE CORD 25.83 GLASSES REPLACEMENT 18.27 VENDOR DESCRIPTION AMOUNT SAMS CLUB MAINT SUPPLIES 62.08 SAMS CLUB MAINT SUPPLIES 28.44 SOUTHERN AGRICULTURE CANINE FOOD 66.98 APERTURES DIGITAL CAMERA BATTERIES 119.97 FICKLIN, TIM W. PHD MMPI TESTING 400.00 AEP /PSO 04/04 USE 1,054.06 FINANCIAL EQUIPMENT CO SHREDDER REPAIR 175.00 TOTAL RADIO RADIO REPAIR 72,94 METROCALL 04/04 USE 14226 CINGULAR WIRELESS PHONE USE 191.98 SOUTHWESTERN BELL 04/04 PLEXAR 39.26 US CELLULAR PHONE USE- MOZINGO 56.89 SOUTHWESTERN BELL PHONE USE 989.13 POLICE PETTY CASH OVERNIGHT POSTAGE 19.60 POLICE PETTY CASH PARKING/TOLLS 14.75 COWBOYS BAR -B -Q MEALS ®JONES /KITCH 260.00 DEPT OF PUBLIC SAFETY TRAINING -JONES 45.00 BUDGET ZZZ MOTEL LODGING-HARPER 269.90 TOWN OF SKIATOOK TRAINING 500.00 TREASURER PETTY CASH PARKING 5.00 GALLS WARNING LIGHTS 118.97 POLICE DEPT TOTAL 6,355.22 ONYX CORPORATION TONER CARTRIDGES 207.26 WAL -MART COMMUNITY SOAP DISPENSER/PRISONER MEALS 132.64 SAMS CLUB MAINT SUPPLIES 63.80 SAMS CLUB MAINT SUPPLIES 23.52 METROCALL 04/04 USE 7.10 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 POLICE COMMUNICATIONS DEPT "TOTAL 784.32 WAL -MART COMMUNITY DIGITAL CAMERA/SHELTER SUPPLIES 147.02 ONYX CORPORATION TONER CARTRIDGES 46.95 RADIO SHACK BATTERY PACK 11.49 SAMS CLUB MAINT SUPPLIES 11.87 SAMS CLUB MAINT SUPPLIES 185.26 ALLIANCE MEDICAL RUBBER GLOVES 73.95 AEP /PSO 04/04 USE 445.56 METROCALL 04/04 USE 14.24 SOUTHWESTERN BELL 04/04 PLEXAR 48.37 LAKE MURRAY RESORT LODGING - HOPKINS 96.00 ANIMAL CONTROL DEPT TOTAL 1,080.71 SAMS CLUB MAINT SUPPLIES 53.25 SAMS CLUB MAINT SUPPLIES 20.32 LOWES COMPANIES REPAIR/MAINT SUPPLIES 40.23 YALE CLEANERS UNIFORM RENTAL 293.84 CROW BURLINGAME REPAIR PARTS 42.53 WRYEST SAFETY GAS DETECTOR 470.00 AEP /PSO 04/04 USE 510.48 VENDOR DESCRIPTION AMOUNT SAMS CLUB MAINT SUPPLIES 64.97 TREASURER PETTY CASH MEETING EXPENSE 45.00 AEP /PSO 04/04 USE 63.77 METROCALL 04/04 USE 14.24 SOUTHWESTERN SELL 04/04 PLEXAR 20.74 EMERGENCY PREPAREDNESS DEPT TOTAL 208.72 RAINBOW CONCRETE CONCRETE 708.75 BAILEY EQUIPMENT REPAIR/MAINT SUPPLIES 417.72 ATWOODS REPAIR /MAINT SUPPLIES 93.01 MAXWELL SUPPLY OF TULSA REPAIRIMAINT SUPPLIES 116.27 A & A MATERIALS CO. ASPHALT 142.68 MILL CREEK LUMBER & SUPPLY REPAIR/MAINT SUPPLIES 13.68 UNIFIRST CORPORATION UNIFORM RENTALS 69.37 LOT MAINTENANCE HWY 169 MOWING 1,625.00 AEP /PSO 04/04 USE 852.69 NATIONAL POWER WASH VEHICLE WASHING 20.00 METROCALL 04/04 USE 64.79 SOUTHWESTERN BELL 04/04 PLEXAR 23.63 STREETS DEPT TOTAL 4,147.59 BAILEY EQUIPMENT MOWER PARTS 22.00 SAMS CLUB MAINT SUPPLIES 77.36 TNT LAWN CARE MCCARTYNETERANS PARK MOWINGS 330.00 ADT SECURITY SERVICES SECURITY SERVICES 41.10 J13 STIGALL CENTENNIAL PARK MOWING 372.00 AEP /PSO 04/04 USE 707.75 METROCALL 04/04 USE 14.24 SOUTHWESTERN BELL 04104 PLEXAR 72.64 TREASURER PETTY CASH ART IN THE PARK 8.56 PARKS DEPT TOTAL 1,645.65 WAL -MART COMMUNITY CLEANING SUPPLIES 277.73 MURPHY SUPPLY PAPER GOODS 76.65 SAMS CLUB MAINT SUPPLIES 6.82 WATER PRODUCTS DRAINAGE PIPES 167.68 AEP /PSO 04/04 USE 441.75 AT &T WIRELESS PHONE USE 10.30 SOUTHWESTERN BELL 04/04 PLEXAR 64.85 COMMUNITY CENTER DEPT TOTAL 1,045.78 AEP /PSO 04/04 USE 45.03 SOUTHWESTERN BELL 04/04 PLEXAR 31.59 HISTORICAL MUSEUM TOTAL 76.62 VENDOR DESCRIPTION AMOUNT TRIAD PRINTING BANNERS 120.00 AT&T WIRELESS PHONE USE -HAYES 102.76 CARD CENTER LODGING -HAYES 711.31 TREASURER PETTY CASH TRAINING -HAYES 48.75 CARD CENTER ICSC 445.00 CARD CENTER AIRFARE 338.30 ECONOMIC DEVELOPMENT DEFT °T"OTAL, -1,766.12 1,766.12 GENERAL FUND TOTAL 42,334.23 TAYLOR, JEFF REFUND OVERPAYMENT #4884 564.00 EAST, LORI REFUND OVERPAYMENT #4667 350.00 BOUND TREE MEDICAL CARRY CASES 443.50 ALLIANCE MEDICAL AMBULANCE SUPPLIES 924.84 BOUND TREE MEDICAL CARRY CASES 215.28 PSI PHARMACEUTICAL SYSTEMS AMBULANCE SUPPLIES 60.05 PACE PRODUCTS OF TULSA AMBULANCE SUPPLIES 218.00 AUTO ZONE REPAIR PARTS 17.90 GALLES JEFFERY DO. EMS AUDITS 250.00 AT &T WIRELESS PHONE USE - OTHERS 61.64 MEDICLAIMS MONTHLY SERVICES 4,602.49 TULSA NEW HOLLAND INC AMBULANCE SERVICE FUND TOTAL _ -- 7,707.70 SOUTHWESTERN BELL E911 MONTHLY CHARGES 806.25 AMERICAN HOSE & SUPPLY E -911 FUND TOTAL 806.25 ATC FREIGHTLINER EMS CABINET 3,250.00 AMBULANCE CAPITAL FUND TOTAL 3,250.00 ATC FREIGHTLINER PUMPER TRUCK EQUIP 2,961.47 FIRE CAPITAL FUND TOTAL 2,961.47 WORDCOM COPY PAPER 20.95 MITCHELLI SUBSCRIPTION /DISKETTE 3,338.30 SAMS CLUB MAINT SUPPLIES 30.55 UNIFIRST CORPORATION UNIFORM RENTAL 101.09 AFFORDABLE PRECISION GLASS GLASS REPLACEMENT 80.00 CUMMINS SOUTHERN PLAINS BELTS 70.34 ATC FREIGHTLINER REPAIR PARTS 84.13 TULSA NEW HOLLAND INC REPAIR PARTS 334.06 GENUINE PARTS COMPANY REPAIR PARTS 248.53 AMERICAN HOSE & SUPPLY REPAIR PARTS 219.50 VENDOR DESCRIPTION AMOUNT FRICTION PRODUCTS BRAKE REBUILDFRS REPAIR PARTS 228.73 O °REILLY AUTOMOTIVE REPAIR PARTS 2,443.36 AEP /PSO 04/04 USE 436.30 METROCALL 04/04 USE 14.24 SOUTHWESTERN BELL 04/04 PLEXAR 43.93 US CELLULAR CELL PHONE USE 41.51 AMERICAN OVERHEAD DOOR DOOR OPENER INST'ALLAT'IONS CITY GARAGE FUND TOTAL _1,624.00 PPO SOLUTIONS MEDICAL REVIEW FEES 67.84 CENTRAL STATES ORTHOPEDIC B04074 156.18 CENTRAL STATES ORTHOPEDIC G02264 51.12 TULSA BONE & JOINT ASSOC D01294 200.00 TULSA BONE & JOINT ASSOC 007164 118.98 URGENT CARE OF GREEN COUNTRY P03014 37.87. URGENT CARE OF GREEN COUNTRY H03294 37.87 URGENT CARE OF GREEN COUNTRY D04044 37.87 ROBERTS, INC DBA ORTHOPEDIC PRODUCTS H03294 240.15 TULSA RADIOLOGY ASSOCIATES B04074 142.20 TULSA RADIOLOGY ASSOCIATES G02264 155.76 EASTERN OK ORTHOPEDIC CENTER Y06133 235.00 EASTERN OK ORTHOPEDIC CENTER C11213 51.12 ROBERTS, INC DBA ORTHOPEDIC PRODUCTS B04074 25.00 ROBERTS, INC DBA ORTHOPEDIC PRODUCTS D04044 240.15 OWASSO PHYSICAL THERAPY CLINIC G02264 62.62 OWASSO PHYSICAL THERAPY CLINIC D04044 66.15 CENTRAL STATES ORTHOPEDIC G02264 1,215.00 CENTRAL STATES ORTHOPEDIC G02264 7,563.64 WORKING RX C11213 104.93 WORKING RX 007163 83.25 TULSA SPINE HOSPITAL J06172 536.86 MCAFEE & TAFT Y06133 144.50 MCAFEE & TAFT R10163 255.00 OPEN MRI OF TULSA 007163 870.99 REGIONAL RADIOLOGY G02264 79Q.70 REGIONAL RADIOLOGY B04074 794.70 WORKER COMP FUND TOTAL 14,289.45 GRAND TOTAL 170,118.20 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 5/15/04 Department Overtima Expenses !QWI Expenses Support Services 37.80 6,124.13 112.25 7,014.57 Fire 1,582.86 51,551.97 Streets 382.25 13,502.15 Community-Senior Center 0.00 4,153.96 "A "N Im Ambulance Fund SM& IT.F.0 ='- - 6 ME 'lull SUBJECT- ACCEPTANCE OF SANITARY SEWER SYSTEM COFFEE CREEK OFFICE CONDOMINIUMS DATE: May 26, 2004 0" Final inspections for the sewer system were conducted on March 25, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the sanitary sewer system (see attached). Staff recommends Council acceptance of the Coffee Creek Commercial Condominium sanitary sewer system. .......... 1. Location map 2. Maintenance Bond 3. ODEQ Permit E. 106st ST, No Owasso Public Works Department Engineering Div. P.O. Is() Owasso, OK 74055 918272.4959 NN-ww.clt"-ofbNvasso.com NINE R 0 IP04 draw 10terflalional Fidelity I N S U R A N CE COMPANY One Newark Center Newark Ne4 1 31 BOND NO. r _jHLFaU9 _J')533() AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. Witness Y"tness 1 J3 are added as Teal Obligees under the above described bond, IT IS FURTHER UNDERSTOOD AND AGREED THAT the above described bond is hereby amended to include the following Dual Obligee clauses "Surety shall be entitled to the benefit of all rights and remedies available to Principal in the event of a default under the Contract by l g' or any of d but i offset any amounts i al or Surety against the obligations of "In no event shall Surety be liable to the Obligees in the aggregate for more than the Bonded Sum as a result of the Dual Obligee Rider, nor shall it be liable except for a single payment for each single breach or default, At Surety's election, any payment due to any Obligee may be made by its check issued jointly to all. " IT IS FURTHER UNDERSTOOD AND AGREED that nothing J shall be held tc change, alter or vary the terms of the above described bond except as hereinbefore set forth. SINGED, SEALED AND DATED this 3049Y Of March 20 04. "SURETY" INTERNATIONAL FIDELITY INSURANCE COMPANY Attorney-In-Fact S Tel (973) 624-7200 POWER OF ATTORNEY 111111glillini 11111111 I i ; f 1� HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 FOR BID BOND/RMER/CONSENTS/ AF jAVITS KNOW ALL W, N BY THESE PRESENTS: NTS: That MMRNATIONAL FIDE, LITY INSURANCE CONWANY, a corporation organized and existing laws of die State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CONNIE TRUESON, KARLA EDMONDS, UAMES PIRTLE, MICHAEL TEDFORD, GRORGM TEDFORD, MARK TEDFORD, JACQUE BROWN Uenks, OX is true and lawful attorricy(s)-hr-fact to execute, seal and deliver for and on its behalf as surety, a and all bonds and undertakings, contracts of indemnity and )ther writings obligatory in the nature thereof, which are or may be allowed, required or permitted law statute, rule, mulation, contract or otherwise, and he execution Of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FEDELITY INSURANCE, COMPANY, as fully and amply, to all intents and Purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorne )irectors of INTL, RN is executed, and may e revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of February, 974. ONAL FIDELITY MURANCE COMPANY at a meeting called and held on the 7th day of ob The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting ily called and hold on the 29th ay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such ower of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sear be valid and biridin g upon die Company and any power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any nd or undertaking to which it is attached. the undersigned officer Of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Y r of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power Attorney has not been revoked and is now in fall force and effect TESTIMONY WHEREOF, I have hereunto set my hand this 30th day of March, 2004 e"�4 OW-4e.2-9- Assistant Secretary November 4, 2003 F. Robert Carr, Jr,, Pa a, Director of Public Works City of Owasso 301 West Second Avenue Owasso, Oklahoma 74055 Fie: Permit No. SL000072031103 Coffee Creek Office Condominiums unitary Sewer Line Extension S -21310 Dear Mr. Carr: 1 BRAD HENRY Governor 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper with soy Ink 0% @® 0® MEMORANDIUM TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- ANA C. STAGG, P.E. ENGINEERING PROJi kTMANAGER SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAINAGE SYSTEM REMINGTON PLACE DATE: May 26, 2004 The subject 15-acre residential subdivision is located west of the E 116th Street North and N 129'h East Avenue intersection (see attached map). The sanitary sewer system was accepted by Council on December 6, 2004. Design for the drainage and streets system was reviewed and approved in June 2003, Construction was inspected by the Public Works Department. mg ']L�u Final inspections for the streets and storm drainage systems were conducted on May 3, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. An As-Built topographic survey of the stormwater detention facility has been reviewed by Public Works to verify conformance with the approved design. The construction contractor has provided the required one-year maintenance bond for the storm drainage system and a two-year maintenance bond for the streets (see attached). rit'l Staff recommends Council acceptance of the Remington Place streets and storm drainage system. Waffl_�_�M 1. Location Map 2. Maintenance Bonds Owasso Pubtle Works Department Englneermilg DiV. P.O. 180 Owasso, OK 74055 918.272,4959 ««w-cit'vofowasso.com REMINGTON PLACE T21 NR14E, SEC. 8 LOCATION MAP UlZOM6 6.67= 1904 Internalloonal I N S U R A N C E C® M KNOW ALL MEN BY THESE PRESENTS, THAT WE, One Newark Center Newark, New Jersey 07102 (973) 624-7200 BOND NO. SWIFsu n305323 IRA M. GREEN CONSTRUCTION COMPANY as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation 6f One Newark Center, 20th Floor, Newark, New Jersey, licensed to do business in the State of New Jersey and Oklahoma as Surety, are held and firmly bound unto as Obligee, in the full and just sum of CITY OF OWASSO ONE HUNDRED TWENTY THOUSAND AND NO1100 -------------------------- ($ 120,000x0 Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 24tlUay of November, 20 03 THE CONDITION OF THIS OBLIGATION IS, THAT, WHEREAS the Principal entered into a contract with the Obligee for Remington Park - Owasso, Oklahoma (Pavin,g) AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. NOW, THEREFORE, if the Pri ipal shall make any repairs or replacements which may become necessary durin,� the period of . two year tfiner acceptancebecause of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise it shall • in full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Witness IRA M. GREEN CONSTRUCTION COTTANV President a./' 6filcal 1904 International INSURANCE COM M&I,NTENANCE BOND KNOW ALL MEN BY THESE PRESENTS. THAT WE, One Newark Cent6r Newark, New Jersey 07102 (973) 6247200 BOND NO. SWIF SU 030535 SIGNED, SEALED AND DATED THIS 24t1dayof November 20 03 THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the Obligee for Remington Park - Owass ®9 Oklahoma (Storm Drainage System) 11111 pill p� p� 1� li Im TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. LARRY WHITE DIRECTOR, SUPPORT SERVICES SUBJECT- RESOLUTION NO. 2004-10 DATE- May 24, 2004 In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first "interlocal agreement" with Southwestern Bell Telephone and established "Enhanced" 911 Emergency Telephone service. The "Enhanced" 911 service replaced the traditional 911 system, which only rang directly into the Police Department and did not display the name or address of the caller using the system. The upgrade to the 911 system has proved invaluable, as the location of the emergency is displayed in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. The interlocal agreement requires that all community governments that participate in the E-911 system must jointly fund the system. Collecting a surcharge on local telephone bills accomplishes this. Owasso collects a 5% surcharge on the base telephone bill of each resident that has telephone service. In order to participate in the E-911 system, the Office of the Attorney General has ruled that the interlocal agreement must be renewed annually by resolution. The renewal must be completed prior to May I of each subsequent year (please note, even though the agreement stipulates a mandatory annual approval date of May 1, the agency overseeing the interlocal agreement, INCOG, failed to provide the information necessary for the renewal until after the deadline date had passed, thus the lateness by all participating units of government in renewing the agreement). Failure to renew the agreement would disqualify the City from collecting the 5% surcharge, as well as prohibit Owasso from participating in the system. The City of Owasso has historically renewed the E-911 Interlocal Agreement annually since its inception. INCOG is facilitating the renewal process. E-911 INTERLOCAL AGREEMENT May 259 2004 S A ! 1- n .rzAt-jr- Z- Staff recommends City Council approval Resolution #2004 -10, renewing the Interlocal Agreement for the Regional Enhanced 911 system. ATTACHMENT. 1. Resolution #2004-10 2. Interlocal Agreement WHEREAS, an interlocal Agreement to share costs of a regional enhanced 911 system and to create the Regional Enhanced 911 Board was entered into in 1989 by 15 communities in a 6- county area; and WHEREAS, a new Agreement was executed in 2001 by the same parties; and WHEREAS the City of Owasso is a signing party to the interlocal agreement; and WHEREAS, the terms of the interlocal agreement requires the annual renewal by the parties; NOW `THE REFORIE, the City of Owasso hereby approves participation in the interlocal agreement creating the Regional Enhanced 911 Board and sharing the costs of a regional enhanced 911 system for a period beginning May 1, 2004 and continuing until April 30, 20050 00 Susan Kimball, Mayor 040's Sherry Bishop, City Clerk (seal) Ron Cates, City Attorney INTERLOCAL AGREEMENT THIS AGREEMENT entered into by and between the following parties: City of Bixby Town of Kellyville City of Catoosa Town of Kiefer City of Claremore Town of Mounds City of Collinsville Town of Skiatook City of Glenpool Town of Sperry City of Jenks Creek County City of Owasso Osage County City of Sand Springs Rogers County City of Sapulpa Tulsa County City of Tulsa Wagoner County Washington County WHEREAS The Parties entered into.an Interlocal Agreement (Original Agreement) which was approved by the Attorney General on March 14, 1989 for the purpose of implementing the Enhanced 911 emergency communications system. The Original Agreement was amended in 1990 to include Rogers County as a party; WHEREAS under the terms of the Duration/Termination clause of the Original Agreement and Amendment, each party was required to take affirmative action t* renew the Interlocal Agreement 60 days prior to June 30 each year or the agreement would automatically terminate; WHEREAS it is the desire of all parties to continue sharing the costs of a Regional enhanced 911 System as outlined in the Original Agreement and Amendment; THEREFORE, the parties do hereby enter into this Agreement to share the cos-PT of a Regional Enhanced 911 System, as outlined below: I The terms of the Odginal Agreement and Amendment are incorporated by reference. DURATION/TERMINATION The parties agree that this Agreement will become effective from the date all parties have signed and the Attorney General has approved this agreement. This Agreement shall automatically terminate on June 30 of the numbered ye after it becomes effective, and each June 30 thereafter, unless, by May 1, the] governing body of the party taKes affirmative action to renew the Agreement for- another year. Any party to this Agreement who does not want to participate in the Agreement for the next fiscal year shall provide written notice by May 1 to all patties of its intent to terminate participation. 1. Each local exchange telephone company will submit its invoices for Enhanced 911 services to Southwestern Bell Telephone Company, (SBC) who will act as billing agent. Those invoices will be added with SBC's charges to calculate a Total Charge for Enhanced 911 Services. 3. Each party will be invoiced for its share of the costs by SBC and will remit payment of that amount to SBC. SBC will forward appropriate payment t# the other local exchange telephone companies. 4. Each party agrees to be solely responsible for any additional costs incurred for any special or non-standard arrangement for providing Enhanced 911 service. Whether a charge is standard or non-standard will be determined by the Regional Enhanced 911 Board. ADMINISTRATION The parties agree that administration of this Agreement shall be carried out the Regional Enhanced 911 Board, in cooperation with SBC as billing agentl BOARD MEMBERSHIP BOARDS ETING The Board shall designate m!\23 and place of all meetings, which shall be conducted in compliance with the Oklahoma Open Meetings Act. Each Board member shall have one vote, and all actions by the Board shall be approved by ,.: : :m.. afitive vote «^v majority of the members present. 60 Adopt by-laws consistent with this Agreement governing actions, proceedings and policies of the Board. 7. Perform other tasks consistent with the purpose and intent of this Agreement. PROPERTY ACQUISIONIHOLDING The parties agree that no real or personal property shall be acquired jointly during the course of this Agreement. Any property individually acquired by a party shall remain the property of that party upon termination of this Agreement, ADDITIONAL TERMS The parties agree that this written Agreement contains the entire agreement between the parties, The Agreement cannot be modified except by a writter instrument executed by all parties. MEMORANDUM TO. THE HONORABLE MAYOR AND COUNCIL CfrV OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 782 DATE-, MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a Planned Unit Development request from Dominion Corporation for property located in the northwest comer of East 66' Street North and North 129' East Avenue. The approval created a supplemental zoning district for said property in the form of OPIJD 04-01, providing guidelines for residential development. Attached is a copy of Ordinance No. 782 that formally adopts the City Council's action of May 18, 2004. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 782. ATTACHMENT: 1. Ordinance No. 782 2. OPUD 04-01 Staff report with no attachments W"MMIVIMMIN-11 1, ROOM- 101100 ACRES, LOCATEIDI�"117777TIION 2, TOWNSHIP 21 NORTH, E 14 FAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITI-1. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recomurendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD4WO1. NOW, TIIEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF TIE CITY OF OWASSO, OKLAHOMA; Section 1 That the zoning snap of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: A tract of land located in the E/2 of the SE /4 of Section 32, T®21-N, R -14 -E of the Indian Meridians 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 SE14 of the SE/4 the S/2 of the SE /4 of the /4 of the SE14 of Sections 32; PASSED AND APPROVED this I' day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk Susan Kimball, Mayor APPROVED AS TO FORM: Ronald D. Cates, City Attorney TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. DUANE CUTHBERTSON CITY PLANNER SUBJECT: OPUD 04-01, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT DATE. MAY 12,2004 The subject property is currently vacant and is used »<<g ?2 » :a purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential «: « < 2e south of the subject property. Land the west is agricultural in nature. The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts to the south are zoned AG-R Agricultural/Residential by Tulsa County. b. To permit flexibility within the development to best utilize the unique physical features ofthe particular s-"-- .L 1. ILI I lu-, c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants/owners to develop the area for residential use. Min WIRIff"I "N 119, 11 .11, 2111 � { ,3 Sidewalks will be required along all public right-of-ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On-site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer by the City of Owasso and water by the City of Owasso. The staff published legal notice of the PLJD request in the April 15, 2004 edition of the Owasso Reporter and trailed notices to property owners within a 300' radius of the subject property. To date, the staff has no opposition from one person concerning the request. At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to recommend approval of OPUD 04-01 with no conditions. a MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 783 DATE: MAY 2i, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a Planned Unit Development request from Dominion Corporation for property located in the northeast comer of East 12 V Street North and North 97" East Avenue. The approval created a supplemental zoning district for said property in t4i* form of OPUD 04-02, providing guidelines for residential development. Attached is a copy of Ordinance No. 783 that formally adopts the City Councs action of May 18, 2004. ATTACHMENT: 1. Ordinance No. 783 2. OPUD 04-02 Staff report with no attachments CITY OF OWASSO 0 R D IN AN C E IN 0. 7133 NO. OPUD-04-02, PROVIDING GUIDELINES FOR RESIDENTIAL ACRES, LOCATED IN SECTION 6, TOWNSM 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. PASSED AND APPROVED this I- day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk Susan Kimball, Mayor APPROVED AS TO FORM: Ronald D. Cates, City Attorney TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. DUANE CUTHBERTSON CITY PLANNER SUBJE CT, OPUD 04-02, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT DA'17: MAY I2, 2004 USES PERMITTED — The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests only one use — single-family residential. VA OP UD 04-02 (Project One) is a proposed planned unit development (P LID) comprised of 20.05 acres. The development concept behind the Project One PUD is residential. The applicant/owners of the property intend only to develop single family residential homes on the subject site. The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants/owners to develop the area for residential single-family use. The North 97"' East Avenue corridor has been identified as a non-commercial corridor north of 116'h Street. Again, this PUD proposes a residential component that is pall of a development concept for the area that calls for single-family development. Similar residential developments along North 97b East Avenue have developed further south, such as Metro Heights, New Brunswick, Honey Creek, and the Fairways. Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right-of-way along the east side of North 91' East Avenue. Sidewalks will be required along all public right-of-ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On-site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer by the City of Owasso and water by both the City of Owasso and the Rural Water District #3 of Washington County. The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, the staff has received oral opposition from one person concerning the request. 1. General Area Map 2. OPUD 04-02 Development Outline Plan 3. Legal Notice 4. OPUD 04-02 Application TO: THE HONORABLE MAYOR AND COUNCI, CITY OF OWASSO FROM- DUANE CUTHBEWfSON CITY PLANNER SUBJECT. ORDINANCE NO. 784 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Kellogg Engineering, Inc. for property located south of the developing Remington Place Addition and east of the German Acres mobile home park, 0. 3 miles south of E. 11 6�' St. N. and east of N. Garnett Rd. The approval changed the zoning from AG to RS-3. Attached is a copy of Ordinance No. 784 that formally adopts the City Council's action of May 18, 2004. ATTACHAIIENT: 1. Ordinance No. 784 2. OZ 04-03 Staff report with no attachmelF Section 1. The zoning classification of the following described property, to wit: A tract of land in the E12 of the N✓ 14 & the N/2 of the NE/4 of the SW/4 of Section 8, Township 21 North, Range 14 East of the L D. & M. in the City of Owasso, County of Tuba, State of Oklahoma, more particularly described as follows: be, and the same is hereby zoned from AG (Agricultural District) to RS ®3 (Residential Single Family District), Section 2. That all �ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1" day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk � Susan Kimball, Mayor Ronald D. Cates, City Attorney RUNTU i U11,410TV11 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT. REZONING — OZ 04-03 REMINGTON PLACE 11 DATE- MAY I2, 2004 BACKGROUND The City of Owasso has received a request from Kellogg Engineeting, Inc., applicant on behalf of the owner, for the approval to rezone approximately 35.46 acres of property adjacent south of the developing Remington Place addition. The applicant is proposing to rezone the subject property from AG (Agricultural District) to RS-3 (Residential Single-Family District) with the intention of developing a residential subdivision. A general area map and a complete legal description of the property have been attached for your information and review. I 1, NE 1111111111r'1111��11 ,t" M U 0 Qfl11111 c ZONING HISTORY In April, 2004 the Owasso City Council unanimously approved a request to annex the subject property into the city limits of Owasso. The applicant at this time also has submitted a request for review of a preliminary plat for a residential subdivision which would be reviewed and decided upon contingent to the rezoning request being approved. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned RS-3 (Residential Single- Family District). According to the City of Owasso Zoning Code, a single-family home development would be permitted by right within the RS-3 zoning district. It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having future land uses of moderately intense residential uses which is consistent with the request for RS-3 (Residential Single-Family District) RECOMMENDATION Staff recommends approval of OZ-04-03, thus rezoning approximately 35.46 acres, from AG (Agricultural District) to RS-3 (Residential Single-Family District). TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 785 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Kellogg Engineering, Inc. for property located in the 12300 block of N. Garnett Rd., immediately north of Country Estates V in Owasso, OK The approval changed the zoning from AG to Attached is a copy of Ordinance No. 785 that formally adopts the City Council's action of May 189 2004. ace NO NJ taMN I I I ULM I MMMISHAIM ATTACHYVUTT-- 1. Ordinance No. 785 2. OZ 04-04 Staff report with no attachments AN ORDINANCE APPROVING ZONING APPLICATION NLTMBER OZ -04 -04 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF GOVERNMENT LOTS ONE (1) AND TWO (2) IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 FAST OF THE INDIAN BASE & MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, FROM AG (AGRICULTURAL DISTRICT) TO RS -3 (RESIDENTIAL SINGLE FAMILY DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWI T°I. W AS, public hearings have been held regarding the request for rezoning of the property herein described, and BIAS, the Owasso City Council has considered the recommendation of the Owasso Pinning Commission and all statements for or against the requested rezoning of application OZ- 04-04. Section 1, The zoning classification of the following described property, to wit: �; ry rA :YS J3. ! �tD `. � A- x 1';" .x:l �. 1 'J � �:? � � i�; . -•.�,G North, Range 14 East of the L D. .& M., Tuba County, Oldahoma, more particularly described as follows: be, and the same is hereby zoned from Air (Agricultural District) to RS-1 (Residential Single Family District), Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this I' day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk Susan Kimball, Mayor Ronald D. Cates, City Attorney TO-. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — OZ 04-04 CRESCENT RIDGE DATE. MAY 12, 2004 BACKGROUND The City of Owasso has received a request from Kellogg Engineering, Inc., applicant on behalf of the owner, for the approval to rezone approximately 30.25 acres of property adjacent north of the developing Country Estates V addition. The applicant is proposing to rezone the subject property from AG (Agricultural District) to RS-3 (Residential Single-Family District) with the intention of developing a residential subdivision. A general area map and a complete legal description of the property have been attached for your information and review. "T Proposed Zoning Designation: RS-1 ZONING HISTORY In March, 2004 the Owasso City Council approved annexation of the subject property. The applicant at this time also has submitted a request for review of a preliminary plat for a residential subdivision which would be reviewed and decided upon contingent to the rezoning request being approved. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned ®3 (Residential Single- Family District). According to the City of Owasso Zoning Code, a single-family home development would be permitted by right within the RS ®3 zoning district. It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? Residential development on the subject property would be serviceable and access could be gained internally from the previously mentioned stub in Country Estates V and N. Garnett Road. Staff has received one email in opposition to the request; that letter is attached. Letters were mailed to surrounding property owners on April 9, 2004 and the legal advertisement was (�,ublished in the Owasso Reporter on April 15, 2004. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. -.t Ille ITiLay III, 2-1IP. rejunx-Y7 RMIETLYFIN MEEMT?r ul ffr=T"W1V!M_ unanimously recommended approval of OZ 04-04. RECOMMENDATION Staff recommends approval of OZ 04-04, thus rezoning approximately 30.25 acres, from AG (Agricultural District) to RS ®3 (Residential Single-Family District). TO: TIFIE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTH alts ERTSON CITYPLANNER SUBJECT: ORDINANCE NO. 786 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Tyann levelopment Co. for property located approximately 0.3 nffles south west of the intersection of E. 96' St. N. and N. 129hE. Ave. immediately cast of Smith Elementary school in Owasso, OK The approval changed the zoning fi-om RS-3, OM, OL, and AG to RM-2. Attached is a copy of Ordinance N®. 786 that formally adopts the City Council's action ®f May 18, 2004. RECOMMENDATION: StaH recommends Council approval of Ordinance No. 786- AN ORDINANCE APPROVING ZONING APPLICATION NUMBER 02-04-05 CHANGING THE- ZONING OF PROPERTY LOCATED ON A TRACT OF LAND SITUATED IN THE S/2 OF THE NE/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, FROM RS-3 (RESIDENTIAL SINGLE FAMILY DISTRICT), OM (OFFICE MEDIUM DISTRICT), OL (OFFICE LIGHT DISTRICT) AND AG (AGRICULTURAL DISTRICT) TO RM-2 (RESIDENTIAL MULTI- FAMILY DISTRICT), AND REPEALING ALL ORDINANCES OR. PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WEMREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 04-05. Section 1. The zoning classification of the following described property, to wit: A tract of land situated in the S/2 of the NE14 of Section 20, T-21-N, R-14-E of ths, LB.&M., Tulsa County, State of Oklahoma described as follows- be, and the same is hereby zoned from RS-3 (residential single family district), OM (office medium district), OL (office fight district) and AG (agricultural district) to RM-2 (residential multi-family district), Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this I' day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk . Susan Kimball, Mayor Ronald D. Cates, City Attorney TO: THE HONORABLE MAYOR AND CITY COUNCII CITY OF O,.. "MO FROM. DUANE CUTHBERTSON CITY PLANNER SUBJECT- RE ZONING — OZ 04-05 TVANN DEVELOPMENT 13.21 ACRE S DATE. MAY 129 2004 The staff has received an application to the Planning Commission for a rezoning of property located approximately 'Amile south of 96th Street North and 1/4mile west of 1290'East Avenue. The property is proposed for RM-2 Residential multi-family zoning classification. A general area map is attached for review. 'Jigunta The RM-1 and RM-2 Districts are designed to permit the development and conservation of multi- family dwelling types, such as apartments, garden apartments, and townhouses, in suitak&,-,; environments in a variety of densities to meet the varying requirements of families. The main differenw; allows for avarAm-gn-Lbufl-dinas more than thirty feet in height. ---- ------ 11-----1-------M, Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? Development considerations such as traffic, roads, grading, drainage, storrawater detention, utilities, rights-of-way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The subject property lies within PUD #1. This planned unit development was approved in February, 1978. The PUD was designated for multi-fhniily use, but was never developed. According to Section 880.3 of the zoning code, since no plat was filed within two years after the P_1JD was approved, the PUD is now void and has no bearing on the property. The Owasso 2010 Land Use plan has two designations for the subject property: residential and parks/recreational space, The Master Plan draft that has been developed by the Master Plan update committee be planned for transitional land uses (offices and multi-family residential). It is anticipated that the Planning Commission will conduct a public hearing on the Master Plan draft in June. If the application is approved, the subject property would be zoned RM-2 Residential Multi- Family District. Then, the property would be available for residential development. The Owasso 2010 Master Plan identifies the subject property as having a future land use of residential and parks/recreational space. Land approximately 350' south of the subject property faas already developed for residential use. Accordingly, the staff finds the proposal to be consistent with the Owasso 2010 Master Plan. The acreage was annexed into the Owasso City Limits several years ago. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Of course, all resulting lots will have to meet the City's bulk and area requirements, stormwater detention will be required, and all other requirements such as sidewalks will be provided. The staff has received numerous phone calls and received three articles of correspondence stating opposition to the request. fetters were mailed to surround-Ing property owners on April 0, 2vv4 and the legal advertisement was published in the Owasso Reporter on April 8, 2004. At the May 10, 2004 regular meeting a large contingent of citizens was present to display opposition to the request. Several citizens spoke in opposition of the request citing numerous concerns such as additional vehicular traffic on N. 123d E. Ave., crime, noise and light. After a lengthy discussion the Owasso Planning Co fission voted unanimously to recommend approval of OZ 04 -05. . it 1 , s The staff recommends approval of OZ- 04 ®05. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCH, C1TY OF OWASSO FROM- DUANE CU "SON CMPLANNER SUBJECT: ORDINANCE NO. 787 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Hunt Properties for approximately 58.5 acres of property located approximately south and east of the intersection of E. 96' St. N. and N. Garnett Rd., adjacent to U.S. Hwy 169 in Owasso, OK The approval changed the zoning from AG to CS. Attached is a copy of Ordinance No. 787 that formally adopts the City Council's action of May 18, 2004. ATTACHMIENT: 1. Ordinance No. 787 2. OZ 04-06 Staff report with no attachments Mj I AN ORDINANCE APPROVING ZONING mpucAnw NUMBER oz-0406 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF THE W/2 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, FROM AG (AGRICULTURAL DISTRlCT) TO CS (COMMERCIAL SHOPPING DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHERE AS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 0406. Section 1. The zoning classification of the following described property, to wit: be, and the same is hereby zoned from AG (agricultural district) to CS (commercial shopping district), Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this I' day of June, 2004. ATTEST: City of Owasso, Oklahoma Sherry Bishops, City Clerk Sum Kimball, Mayor APPROVED AS TO FORM: Ronald D. Cates, City Attorney TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT. REZONING — OZ 04-06 SMITH FARM MARKETPLACE DATE: MAY 1, 2004 BACKGROUND The City of Owasso has received a request fi-om Hunt Properties, applicant/owner, for the approval to rezone approximately 58.5 acres of property located south and west of the intersection of N. Garnett Road and E. 9e' St. N., adjacent to U.S. Highway 169. The applicant is proposing to rezone the subject property ftorn AG (Agricultural District) to CS (Commercial Shopping Center District) in order to develop a commercial shopping center. A general area map and a complete legal description have been attached for your information and review. Existing Zoning Designation: AG Proposed Zoning Designation: CS by the Oklahoma National Gas office. U.S. Highway 169 forms the southern and eastern property boundary although the City • Owasso water tower in located in the northeast comer. The Lutheran Church and commercial/office space are located west of the subject M� The property is zoned AG (Agricultural District) as is the property to the north. Again, the property to the south and east is occupied by U.S. Hwy 169. The property to the west is zoned CG/OL/AG (Commercial General/Office Light/Agricultural District). ZONING HISTORY In April, 1995 the Smith Farms was rezoned to OPLTD-13 which called for a mix of Office, Commercial and Industrial uses within the subject property. According to Section 880.3 of the zoning code, since no plat was filed within two years after the PUD was approved, the PUD is now void and has no bearing • the property. The applicant has concurrently submitted a Preliminary Plat containing 15 lots on 2 blocks for a proposed shopping center on the subject property. The review of thl.; Preliminary Plat is subject to this rezoning request being granted. ZONING/DEVELOPMENT LIA41TATIONS If the application Jq approved, the subject property would be zoned CS (Commercial "-- application - -- -,,- - � - r--r Shopping Center District). According to the City of Owasso Zoning Code, such uses as a Hotel /Motel, restaurant, gas station, retail/service outlet and offices would be allowed by right within the CS zoning district. It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having future land uses of intense commercial uses which is consistent with the request for CS (Commercial Shopping District) Commercial development on the subject property would be serviceable and access cou be gained from Garnett Road to the west and E. 96 Ih St. to the north. Staff has received no phone calls or correspondence in opposition of the request. Letters were mailed to surrounding property owners on April 9, 2004 and the legal advertisement was published in the Owasso Reporter on April 15, 2004. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. OWASSO PLANNING COMMISSION At the May 10, 2004 regularly scheduled meeting the Owasso Planning Commission unanimously voted to approve OZ 04-06. RECOMMENDATION Staff recommends approval of OZ-04-06, thus rezoning approximately 58.5 acres, fro AG (Agricultural District) to CS (Commercial Shopping Center District). I r TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- DUANE CUTHBERTSOJ CrITY PLANNER SUBJE CT: ORDINANCE NO. 788 DATE: MAY 27, 2004 Attached is a copy of Ordinance No. 788 that formally adopts the City Council's action of May 18, 2004. R71 ra to MR91RIUMURRIUM-911-H W-1 Im ATTACHMENT: 1. Ordinance No. 788 2. Easement Closure Staff report with no attachments LWJ It W-Mly.11"M Wmi 1 Section 2. The municipality shall retain the absolute right to reopen the public way or casement without expense to the municipality. Closing of the public way or casement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or uansmission company facilities of service therein, nor shall a closing affect private ways existing by operation nflaw unless released in writing by the owners thereof. &qgfion I. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1-day of June, 2004. City of Owasso, Oklahoma Sherry Bishop, City Clerk Susan Kimball, Mayor Ronald D. Cates, City Attorney TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: EASEMENT CLOSURE — WEST COFFEE CREEK DATE: MAY 12, 2004 The casement in question extends through several properties within the Coffee Cre development area. All, except the 'Lanes at Coffee Creek' are currently vacant and ul platted. The current alignment of the easement as established in 2001 is problematic to the utilization of the parcels in the southwest comer of the Coffee Creek development area, more specifically the proposed 'The Lanes at Coffee Creek' area. The Lanes at Coffee Creek bowling alley plans were reviewed and approved by the City staff, Owasso Planning Commission and Owasso City Council in May of 2004. The approval was contingent on rectifying the problematic alignment of the subject easement, as its 11 ng alignment Wedges into the middle of the proposed parcel site� -and buil. 1-0. vg W, Pit-OzA - - RECOMMENDATION Staff recommends approval of the easement closure in the Coffee Creek developme area as request by E. Robert Buss. I TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT: CAPITAL IMPROVEMENTS PROJECT PRIORITIZATION RESOLUTION NO® 2004-11 DATE. May 27, 2004 In May of 2003, the Capital Improvements Committee submitted its report to the City Council identifying a project prioritization system that contained a total of 21 projects divided into four different priority tiers. Each tier had an associated time frame for anticipated completions of the projects contained within that tier, thus providing a capital improvement "schedule of completion" for the next ten years. A copy of the Project Priorities is attached for your information and review. Additionally, the Capital Improvements Committee recommended to the City Council that an election be conducted in October of 2003 to permanently extend the third penny sales tax, the penny that is restricted to fund capital improvement projects in the City of Owasso. In October of 2003, the citizens of Owasso approved the third penny sales tax permanency. Safeguards and accountability measures were incorporated into the sales tax that was approved by voters. Those safeguards included the following: • Retain the Citizen Watchdog Committee • Retain the Capital Improvements Committee • Retain restriction on use of funds (for capital projects and debt only) • Remove the Capital Future Fund requirement • Remove the requirement for voter approval of the issuance of revenue-backed debt for projects approved by the City Council. • Require a Resolution of the City Council each time project priorities change • Annual review of the priority list CAPITAL, IMPROVEMENT PROJECT PRIORITIZATION MAY 27, 2004 PAGE 2 The Capital Improvement Committee began meeting in January of this year in order to review the project priorities as previously established. At their April 15, 2004 meeting, as a result of the Hunt Properties announcement to construct a major retail center at E. 96th Street Forth and Garnett Road (Smith Farms), the Capital Improvements Committee voted unanimously to recommend to the City Council to change the priorities as they are listed. The change would involve moving the E. 96th Street North and the Garnett Road projects to the priority list, and removing the N. 129th E. Avenue project from the list. The Capital Improvements also added a stipulation that no money be spent on the reprioritized projects until such time that the sale of the land associated with the Smith Farms project became final. As stated earlier, the Capital Improvements Committee unanimously recommended to the City Council that those priorities be changed. As a result of that action and in anticipating the need to expedite the initiation of the project, the staff published a notice in the Owasso Reporter on April 29, 2004 to notify the public of a public hearing before the City Council at the May 18, 2004 regular meeting. The purpose of the Public Hearing was to obtain input from the public regarding the recommendation from the Capital Improvements Committee regarding the project prioritization. The Public Hearing was conducted at the May 18, 2004 regular meeting of the City Council. No citizens spoke in objection of the recommendations provided by the Capital Improvement Committee. Assuming City Council concurrence with the recommendation of the Capital Improvement Committee and the lack of objection noted at the public hearing, staff has created Resolution No. 2004 -I1 for consideration. Resolution No. 2004 ®14 adds the E. 96th Street North completion and the Garnett Road projects to the priority list while removing the N. 1291h East Avenue project from that list. RECOMMENDATION: Staff recommends Council adoption of Resolution No. 2004 ®11. CAPITAL IMPROVEMENT PROJECT PRIORITIZATION MAY 275 2.004 PAGE 3 ATTACHMENTS 1. Resolution No. 2004-11 2. Original List of 41 Projects 3. Four Tier Projects Priorities 4. Resolution No. 2003-14. 5. April 15, 2004 Capital Improvement Committee Minutes WHEREAS, on the 14th day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, an ordinance providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; WHEREAS, capital projects, designated as priorities were, specifically; 129th East Ave., 76'h to 96th; the Interchange at 96th Street North, Highway 169 and North 129th East Avenue, Additional Fire Stations; the Sports Park Expansion; a Storm Siren System; and the YMCA Pool, have heretofore been reviewed and recommended by the Capital Improvements Committee, approved by the City Council, and presented on numerous occasions to the public, WHEREAS, the City Council, by Resolution No. 2004 -01, formally approved the aforementioned capital projects for funding from the Capital Improvements Fund; and, WHEREAS, the City Council after having received a recommendation from the Capital Improvements Committee that E. 96th Street North and Garnett Road Projects be re- prioritized to be included in the project list and N. 129th East Ave from 76th to 96th be removed and after properly notifying the Public, all in accordance with Resolution No. 2003-14, has held a Public Hearing as required by the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OYCLAHOMA, that, to-wit: The Capital Projects heretofore designated as priorities be amended by providing, to -wit: the Interchange at 96`h Street North and, Highway 169, Additional Fire Stations; the Sports Park Expansion; a Storm Siren System; E. 96th Street North and Garnett Road projects and the YMCA Pool are hereby approved and shall be considered as the priority capital projects for funding from the Capital Improvements Fund. The North 129th East Avenue from 76`h to 96th Streets shall be removed from the priority list. Susan Kimball, Mayor Sherry Bishop, City Clerk APPROVED AS TO FO Ronald D. Cates, City Attorney Original List of 41 projects. devel,oped..by. the Canital Improvements Committee DOWNTOWN IMPROVEMENTS 27. Main Street utility relocation T. Main Street lighting improvements R TIER 1 1-3 years I" Tier Projects - $12,550,000 1298' East Ave, 76'$a to 968' Interchange at 96"' Street North, 169, and N, 129 E. Avenue A Additional Fire Stations ISports Park Expansion OStorm Siren System ONYMCA — Pool I ## II , if 11 TIER 3 5-73Te a. r I 3" Tier Projects - $20,600,000 96' Street North 1 129' E. Ave to 145' E. Ave icwffma�-- " TOTAL ESTIMATED COST OF ALL PROJECTS PROPOSED TO BE FUNDED BY SALES TAX: $50.t850 00�O [oil W.11HO-370 ".., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASS RAWNW11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Amendment to Priority Determination for utilization of the proceeds of the excise tax levied by Ordinance No. 7639 shall be accomplished in the following manner, to wit- APPROVED AND ADOPTED this —!!--day of September, 2003 by the City Council of th,3 City of Owasso, Oklahoma. APPROVED AS TO FORNL SI4.Gray, CC' A ey MINUTES OF SPECIAL MEETING Thursday, April 15, 2004, 5:30 PM Owasso City Hall — Main Conference Room 111 N. Main Street, Owasso, OK The agenda f o r the meeting was posted in Owasso City Hall, 1 1 1 N. Main Street, at 11:00 AM on April 13, 2004. 3. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE REVIEW AND ESTABLISHMENT OF PROJECT PRIORITIES A. REVIEW EXISTING PRIORITIES FOR TIERS 1,2,3, & 4 B. REPORT RELATING TO LAND DEVELOPMENTS IMPACTING CAPTIAL PROJECT PRIORITIES C. DETERMINATION OF POSSIBLE CHANGES IN PRIORITY PROJECTS Staff reviewed the existing priorities as approved and adopted via Resolution of the City Council. Their was discussion conducted regarding the recent announcement by Hunt Properties of their intention to construct a commercial shopping development (Smith Farms) at E. 96`h Street North and Garnett Road and the potential adverse impact on transportation along E. 96`h Street North and Garnett Road. As a result of that potential impact, reviewing the projects and their n' rinrity pr),zifinnz was discussed. It was pointed out that E. 96th Street North from Owasso Market to Garnett Road is listed as a Tier 2 Priority (3-5 years) and that Garnett Road itself is listed as a Tier 3 Priority (5-7 years). It was also discussed that N. 129'h E. Avenue, from E. 76"' Street North to E. 96th Street North was a Tier I Priority. As a result, and due to the need to address the transportation concerns, Ray Haynes moved to change priorities, moving both the E. 96'h Street North and the Garnett Road projects to Tier I status, and moving the M 129t" E. Avenue project to Tier 2 status. This motion was seconded, and amended by Vice Mayor Kimball to add the stipulation that no funds be spent on the construction of the Garnett Road or 96'h Street North Project until such time that the purchase of the land involved with the Smith Farrn project had been completed. All were in favor of the motion and its amendment. 4. ADJOURNMENT The meeting was adjourned at 6:10 PM. M fade THE HOMOD ao U1 F MAYOR AND COUNCIT CITY OF OWASSO FROM: F. ROBERT CA RR, JR., P.E. PUBLIC WORKS DIRECTOR SUBJECT- AWARD OF ENGINEERING SERVICE AGREEMENT E1 ENT NORTH H GA ET`I ROAD IMPROVEMENTS (Em 86 Tn STREET NORTH TO E. 96Th STREET NORTH) DATE: May 27, 2004 BACK OUN A public hearing was conducted at the May 18, 2004 City Council meeting regarding Capital Improvement Program projects prioritization. Resolution 200411 adopting the recommended new priorities is expected to be adopted prior to this agenda item. As a result of these actions and the Hunt Properties announcement to construct a major retail center at E. 96th Street North and Forth Garnett road, preliminary engineering for improvements to North Garnett Road (E. 86th Street Forth to E. 96th Street North) should be started quickly. This action should also enable improvements to be completed in a manner that will conform with the expected opening of the retail site development (anticipated to be around October 2005). This design project will integrate with final design currently being completed by C.H. Guernsey Company for the portion of E. 96th Street North west of Owasso Market to N. Garnett Road. Both these projects are expected to be constructed simultaneously. ENGINEERING DESIGN PROPOSALS: Proposals were requested from three (3) firms that were considered by staff to be most qualified to perform the needed services in the time frame established for this project. The process to select a firm is in conformance with established procedures of the Oklahoma State Board of Registration for Professional Engineers for soliciting engineering services. The firms were C2A Engineering, Inc., C.H. Guernsey Company and Guy Engineering Services, Inc. Each proposal was reviewed to determine the scope of work and manhour projections for identified tasks. In addition, a fee proposal was requested. Work tasks were compared and all frnns were asked to make adjustments to their original submittal that would ensure consistency in the defined scopes of work. A summary of submitted manhours and fee proposals is shown as follows: Page 2 Engineering Services Agreement Award C2A Engineering, Inc. Firm Preliminary Design Manhours Fee _ proposal Final Design ___ Manhows Fee Services during construction - Manhour Fee Total _ ManhOUrS Fee �� C2A Engineering, 696 $72,536 678 $55,220 70 $4,620 1,444 $132,375 1110. Guernsey 730 $65,700 1,426 $107,943 190 $14,957 2,346 $188,600 C2Ln any Guy Engineering 1,312 $139,809 320 $24,419 241 $17,507 1,873 $181,735 Services, Inc. Based on analysis of the proposals provided and staff understanding of the capabilities /experience of each firm, staff recommends that C2A Engineering, Inc. should be awarded the contract for engineering services. The agreement has been reviewed and approved by the City Attorney. PROJECT APPROACH: As stated above, this roadway improvement project is expected to conform to the anticipated opening of the Hunt Properties retail site development. At this time, however, sale of the property has not been completed. In order to allow engineering to move forward, staff proposes to issue a notice to proceed on preliminary desi only until such time as the developer assumes ownership of the site. The engineering agreement is proposed to be awarded in its entirety, but authorization to continue beyond preliminary design will not be issued by staff until the city has assurances the retail development is certain. In making such a recommendation, the staff considered the long range projects list and believes that in a worst case scenario, that preliminary engineering, in the event the retail project did not materialize, would still be utilized when the Garnett project was eventually undertaken. FUNDING SOURCE: Funds for this project are included in the FY 04 ®05 Capital Improvements Budget. ]RECOMMENDATION: Staff recommends Council award of an engineering service agreement with C2A Engineering, Inc. (Tulsa, Oklahoma) for North Garnett Road (E. 86th Street North to E. 96th Street North) in the total amount of $132,375 and authorize the Mayor to execute the contract. Staff further recommends the City Manager be directed to allow and compensate only engineering work considered to be preliminary until such time as the Smith Farm Marketplace Development property is "closed" and owned by the project developer. ATTACHMENTS: 1. C2A Engineering, Inc. Agreement MESA ENGINEERING SERVICES NORTH GARNETT ROAD EAST 86 TI STREET NORTH TO EAST 96 TI STREET NORTH THIS AGREEMENT, made and entered into this day of 2004 between the City of Owasso, a Municipal Corporation of the State of Oklahoma, hereinafter referred to as CITY, and C2A Engineering Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct certain improvements on North Garnett Road, from East 86'1' Street North to East 96"' Street North, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and WHEREAS, CITY has financing for said PROJECT; and, WHEREAS, ENGINEER is prepared to provide such SERVICES; and NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1.0 SCOPE OF PROJECT: The scope of this PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2.0 SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3.0 COMPENSATION: CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4.0 STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted I standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in rr SET-I'(7T/'7TCl. Irl- n T') f-1 TT-,-I"r effect at the time of performance of the EF, v ICES I tie PROs F-C I shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standard, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 5.0 LIMITATIONS OF REPSONSIBILITY. 5.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 6.1 Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors, subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a Professional Engineer. 6.2 Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualification and experience as a Professional Engineer. 7.0 LIABILITY AND INDEMNIFICATION. 7.1 ENGINEER shall indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER or any employee, sub-consultants or agents for whom ENGINEER is legally liable. 7.2 ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. IF 8.0 COMPLIANCE WITH LAWS. 8.1 In performance of the SERVICES, ENGINEER will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 8.2 The ENGINEER_ shall take steps within its authority to ensure the project is in compliance with the requirements of the Americans With Disabilities Act. It is understood that the program of the ENGINEER is not a program or activity of the CITY OF OWASSO. The ENGINEER agrees that its program or activity will comply with the requirements of the Americans With Disabilities Act. Any cost of such compliance will be the responsibility of the ENGINEER. Linder no circumstance will ENGINEER conduct any activity which it deems to not be in compliance with the Americans With Disabilities Act. 1 � 9.1 During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance; 9.1.1 General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 9.1.2 Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 9.1.3 Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each occurrence. 9.1.4 Professional Liability Insurance in the amount of $1,000,000 per claim and annual aggregate. 9.2 ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least 30 days written notice to the CITY. No 10.0 CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT, 11.0 OWNERSHIP AND RE-USE OF DOCUMENTS. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY, 11.2 CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY'S risk. 12.0 TERMINATION OF CONTRACT. 12.1 The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 12.2 CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminated or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, payment shall be made to ENGINEER in accordance with Attachment D, COMPENSATION. 13.0 NOTICE. 13.1 Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. 13.1.1 To ENGINEER: C2A Engineering Inc. 5516 South Lewis Ave., Suite 201 Tulsa, OK 74105 13.1.2 To CITY: CITY OF OWASSO Department of Public Works P.O. Box 180 Owasso, OK 74055 S 13.2 Nothing contained in this Article shall be construed to restrict the trn n Qm i Qzinn nf rniitini-. cv-imm inirntionq hf-.tween renresentativez of ENGINEER and CITY. 14.0 UNCONTROLLED FORCES. Neither CITY nor , ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to- fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 15.0 SEVERABUITY. If any portion of the AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable such portion shall be severed here from, and the balance of this AGREEMENT shall remain in full force and effect. 16.0 INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, and D, Exhibits A and B, and Exhibit C; and represents the entire and integrated AGREEMENT between the Parties; and supersedes all prior negotiations, representations, or agreements pertaining to the scope of services herein, either written or oral. This AGREEMENT maybe amended only by a written instrument signed by each of the Parties. 17.0 DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the Architect/Engineer and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the Mayor for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 18.0 ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 19.0 APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in. this AGREEMENT will be replaced or I corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the CITY staff initially and monthly thereafter and will be available for public hearings and/or City Council presentations. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the CITY or Contracting authority. (SEAL) ATTEST: City Clerk APPROVED AS TO FORM: City Attorney IIHE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION Mayor Date: I AGREEMENT ENGINEERING SERVICES NORTH GARNET I" ROAD EAST" 86Tn STREET NORTH TO EAST 96TH STREET NORTH SCOPE OF PROJECT ATTACHMENT A A. SCOPE OF PROJECT. The PROJECT shall consist of providing professional engineering services to the City of Owasso for the preliminary and final design phases, and preparation of construction plans for improvements to North Garnett Road from East 86"' Street North to East 96"' Street North. The improvements include the construction of a five lane arterial street with all necessary work. It is expected that there shall be a number of construction and service contracts, which must be entered into in order to bring this PROJECT into being. Included may be services and/or construction contracts for engineering, utility relocations, construction, equipment, etc. a FMI N NORTH GARNETT ROAD EAST 86 T11 STREET NORTH TO EAST 96 TI STREET NORTH SCOPE OF SERVICES ATTACHMENT B B. SCOPE OF SERVICES. The SERVICES to be performed by the ENGINEER under this AGREEMENT will consist of Three (3) phases, as stated below. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and after receipt of a Notice to Proceed. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: • Designate a representative to coordinate all information between ENGINEER and CITY. • Document all meetings, conferences, coordination, etc., and send documentation to CITY within two (2) working days. • Attend initial conferences with CITY and other administrative and regulatory agencies, including utility companies, to review PROJECT requirements and discuss scheduling of the PROJECT. • Attend all public meetings for the PROJECT. • Determine drainage requirements for the PROJECT. • Prepare all applications for Watershed Development Permits for the PROJECT. • Perform all necessary surveys and investigations for the PROJECT. • Prepare all drawings in conformance with the drafting standards set forth in the Oklahoma Department of Transportation requirements, as necessary. Drawings shall be 22" x 34" in size. B.1. Phase No. 1. PRELIMINARY DESIGN. Work with the CITY appointed Personnel to evaluate and develop a preliminary design to construct a five lane %I arterial street on North Garnett Road from East 861h Street North to East 96th Street North, B.I.I. Review all existing reports, record plans and /or other plans pertinent to the PROJECT and the City Policy of the City of Owasso regarding the need for the improvements. B.I.2. Provide a ground survey of the entire length of the PROJECT with enough detail and at such a scale that a map may be prepared for the entire length showing the proposed alignment and the impact the PROJECT will have on surrounding property, structures, and utilities. B.I.3. Based on the following general design criteria, establish an alignment along the present alignment, showing the features of the proposed improvements and listing all obstructions to the alignment. B.1.4. DESIGN REPORT. Prepare a DESIGN REPORT, including roadway design criteria to be used, sketch specifications, cost estimates and recommendations, and submit with the preliminary plans. The DESIGN REPORT shall include, but not necessarily be limited too B.1A. 1. Information from search of existing plans and records. B.1.4.2. Soils investigations, including test borings and geotechnical report. Every effort shall be made to restore grassing, irrigation and related items damaged by the test holes. B.1.4.3. Right-of-way and ownership information. B.1.4.4. A written discussion on utilities, their possible conflicts, and possible relocation requirements. B.1.4.5. A summary of hydrologic studies, Master Drainage Studies, or Basin Studies, used to preliminarily determine elevations of any stream crossings. B.1.4.6. Architectural, landscape, and landscape architectural studies and designs that will enhance the PROJECT'S compatibility with the surrounding environment. B.1.4.7. Cost estimate for the plan discussed. B.1.5. Prepare PRELIMINARY PLANS, in accordance with CITY standards within 75 calendar days after the date specified in the Notice to Proceed with the PRELIMINARY PLANS. B.1.6. PRELIMINARY PLANS shall include as a minimum: I ® Cover Sheet indicating "PRELIMINARY PLANS" ® Summary Sheet including: ® Pay Quantities and Pay Item Notes ® Roadway Quantities * Bridge/Structure Quantities ® Storm Sewer Design * Storm Inlet Design ® Drainage Structures ® Drainage Map ® Right-of-Way Map * Typical Section Sheet ® Survey Data Sheet * Plan and Profile Sheets ® Erosion Control Sheets * Preliminary construction drawings for all special drainage structures, retaining walls, architectural details, landscaping plans, or any other special items required for the PROJECT * Traffic Control Details ® Traffic Control/Construction Phasing sheet(s) ® Cross-Sections indicating existing ground lines, proposed sidewalk template, proposed storm sewers and existing utilities within the PROJECT area. B.1.7. ENGINEER shall furnish five (5) sets of PRELIMINARY PLANS as half-size black-line, for review by the CITY. ENGINEER shall furnish one (1) set of an estimate of construction costs for the PROJECT to the CITY. E.2. Phase 11. FINAL DESIGN. Prepare FINAL PLANS, documents and cost estimates following the comments from the PRELIMINEARY PLANS review meeting, together with all specifications and related bidding documents required for the construction of the PROJECT, in accordance with CITY standards, detailed specifications within 60 calendar days after the date specified in the Notice to Proceed with the FINAL DESIGN. The following tasks shall be included as required: E.2.1. Verification of comments and recommendations from the PRELIMINARY PLAN review meeting. E.2.2. Furnish legal descriptions of all right-of-way and permanent and temporary easements. Descriptions shall be furnished in an approved format on approved forms. All existing easements of record and verified present ownership of any parcel will be provided by a properly licensed abstract company. B.2.2.1. Provide one time right-of-way staking in the field for appraisals and/or acquisition agents. 0 E.2.3. Additional research, including, but not limited to, field- verified horizontal locations and vertical locations of all buried utilities to verify colnpatibdity ofThe PROJECT with existing utilities. 13.2.3.1. Review plans and agreements submitted by the utility companies and the CITY and, when complete to the satisfaction of the ENGINEER, submit the relocation plans and agreements to the CITY for execution. B.2.4. finalize all details and refine quantity calculations based on PRELIMINARY PLANS review meeting and meeting with CITY staff, 13.2.5. Preparation of related bidding documents for the PROJECT, including Estimate of Quantities, Proposal, Special Conditions, Special Provisions and Special Specifications, on 8 -1/2" x I1" plain white bond paper. All documents shall be suitable for original camera -ready copy. 13.2.6. Plans and construction drawings in enough detail to verify constructability of PROJECT. B.2.7. FINAL PLANS shall include as a minimum: • Cover Sheet indicating "FINAL PLANS" • Summary Sheet including: ® Pay Quantities and Pay Item Notes ® Roadway Quantities ® Traffic Quantities ® Storm Sewer Design Storm Inlet Design ® Drainage Structures ® Any other Summary Table needed. • Drainage Map • Right -of -Way Map • Typical Section Sheet • Survey Data Sheet • Plan and Profile Sheets. • Erosion Control Sheets • Structural Details Sheet • Construction Sequencing Sheet • Miscellaneous Details Sheet • Traffic Signal Sheets • Cross Section Sheet • All applicable Oklahoma Department of Transportation Standard Drawings. tM B.2.8. ENGINEER shall furnish five (5) sets of FINAL PLANS as black-line, for review by the CITY. ENGINEER shall incorporate CITY review comments along with a final estimate of construction costs for the PROJECT to the CITY. B.2.9. Prepare bid documents from approved FINAL PLANS, including CONSTRUCTION PLANS on Mylar, Estimate of Quantities, Proposal, Special Conditions, Special Provisions, Special Specifications and Standard Construction Contract Documents provided by the CITY. B.2.9.1. Provide thirty-five (35) sets of bidding documents (either half size or full size) to CITY for advertising purposes. B.2.9.2. Bidding documents shall consist of plans and contract documents. 13.2.9.3. CITY shall be responsible for publishing the Advertisement for Bids. B.2.9.4. Additional bidding documents shall be prepared for an additional cost based on actual reproduction cost plus cost for labor, binding and delivery to the CITY. 13.19.5. Attend the Pre-bid Conference. B,2.9.6. Prepare and distribute minutes of the conference to the CITY. T11 B.2.9.8. Answer questions to the CITY or to registered plan holders during the bidding phase. B.2.9.9. Prepare a tabulation of bids and make a recommendation on awarding the contract. B.3. Phase III. SERVICES DURING CONSTRUCTION. SERVICES DURING CONSTRUCTION shall include all necessary tasks to take the PROJECT through the construction phase. Tasks shall include: B.3.1. Review and approve shop drawings or submittals by the Contractor for general compliance with contract documents. B.3.2. Attend the Pre-Work Conference. B.3.3. Respond to construction questions from CITY personnel. B.3.4. Make periodic site visits, when requested by CITY personnel, during construction to verify interpretation of the plans. On-site inspection is not a part of this work. M E.3.5 Prepare at the conclusion of the construction AS RECORDED drawings based on corrected sets of plans provided to the ENGINEER firom the CITY and/or the contractor. The ENGINEER shall make every effort to produce a final set of drawings representative of the actual construction record including all notations appropriate to the project made on the corrected sets. The ENGINEER shall produce the AS RECORDED drawings and present one (1) set of Mylar reproducible of all sheets to the CITY within 60 days of delivery of the corrected set(s) of plans from the CITY and/or the contractor, IN FOR ENGINEERING SERVICES NORTH GARNETT ROAD EAST 86 T" STREET NORTH TO EAST' 96 TI STREET NORTH SCOPE OF SERVICES RESPONSIBILITIES OF THE CITY ATTACHMENT C C. RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1. Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1. Records, reports, studies, plans, drawings, and other data available in the files of the CITY which may be useful in the work involved under this AGREEMENT. C.1.2. Standard drawings and standard specifications. C.2. Access. To provide access to public and private property when required In performance of ENGINEER'S services. C.3. Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1. Furnish legal assistance as required in the preparation, review and approval of construction documents. C.3.2. Furnish assistance in locating existing underground utilities and in expediting their relocation as described in Attachment B. CA. Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 14 C.5. Advertisement for Bids: CTTY will be responsible for publishing the nrbiarticPrnr=nt fnr birlc nnrl rrrPivina bi(IQ use v e✓a �avvaaaoiaa� avn vam.a.�9 aas. a vvva + n ab a.,e.ve IN AGREEMENT FOR ENGINEERING SERVICES NORTH GARNETT ROAD EAST 86Tr1 STREET NORTH TO EAST 96TH STREET NORTH SCOPE OF SERVICES COMPENSATION D. COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees on a lump sum basis, said Cost shall include all direct salary expenses for the PROJECT, except that said Cost shall NOT include the costs related to document, drawing, and specification reproduction, travel costs and other required cost to design the PROJECT for construction bidding. The total estimated Cost can not be exceeded without written consent of the CITY. The ENGINEER shall submit statements no more than once each month. The statements shall indicate each Phase currently authorized for work, the direct labor costs including hours, rates, and multipliers applicable to the work, and the direct pass through costs being requested for each Phase as based upon the ENGINEER'S estimate of the proportion of the total services actually completed at the time of the billing. All statements shall be accompanied by such documentation as the CITY requires. CITY agrees to make payment within 30 calendar days of the receipt of the ENGINEER'S invoice. D.1. For the work under° Phase I, PRELIMINARY DESIGN, Attachment B.1 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Seventy Two Thousand Five Hundred Thirty -six dollars and Zero Cents ($72,536.00), payable as the work progresses. D.2. For the work under Phase II, FINAL DESIGN, Attachment B.2 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Fifty Five Thousand Two Hundred Twenty dollars and Zero Cents ($55,220.00), payable as the work progresses. D.3. For the work under Phase III SERVICES DURING CONSTRUCTION, Attachment B.3 and Exhibit A, the CITY shall pay the ENGINEER a lump sum Cost of Four Thousand Six Hundred Twenty dollars and Zero Cents ($4,620.00), payable as the work progresses. In DA. SCHEDULE OF RATES. At the request of the CITY, the ENGINEER will negotiate fees for any additional �,'oriz nnf covered be' this AGIP?PEN /1EN'T :which J s may be required by the CITY. Alternatively, additional work will be performed at the written request of the CITY based on the hourly rates contained herein. Rates are subject to change on the first day of January of each calendar year, Rates to be charged shall be the rates in affect at the time such services are requested and approved. ENGINEER IV $ 88.40/hr. ENGINEER III $ 78.00 /hr. ENGINEER I1 $ 65.00 /hr. TECHNICIAN IV $ 55.00/hr. TECHNICIAN II $ 44.20/hr. "TECHNICIAN I $ 33.80/hr. SURVEY 'TEAM (2 men) $ 93.00 /hr. CLERICAL I $ 31.20 /hr. Rates include overhead and profit. 17 City of Owasso - Garnett Road, East 86th Street North to East 96th Street North Exhibit A - Tasks and Manhours City of Owasso, Garnett Road Widening - East 86th Street North to East 96th Street North Total Hours through Final review 162 52 40 56 276 22 12 5/25/2004 "it y of Owasso - Garnett Road, East 86th Street North to as 96th Street North Exhibit A - Tasks and Manhours City of Owasso, Garnett Road Widening, East 86th Street North to East 96th Street North Biddina and Construction Services Item No. Item Engineer IV Engineer Engineer IV 'Engineer l ech< Tech 11 Land Surveyor Bill C. Jared Jeremy, ,Keith Thad Donald Jim P. General Services During Bidding 1 Prepare all Bidding Documents 8 16 2 Finalize construction cost estimate 8 4 3 Create CD-ROM of electronic files 2 4 Print and deliver Plans /Specs. /Estimate 4 QA/QC Assurance 2 —5 6 Attend Pre-bid meeting 4 7 Prepare Addendum 6 2 8 Prepare Bid Tabulation Total Hours (Bidding Phase) 2 30 — 0 0 0 28 0 0 Services During Construction 9 Review and Approve ail Shop Drawings 4 4 '10 Attend Pre-Construction Mtg. 41, 11 Respond to questions from City 41 4 '12 Stake Control Lines '13 On-Site Inspection 14 Make periodic Site Visits 8 15 Prepare "As-Built" Plans 8 2 321 Total Hours (Construction Phase) Total Hours (Final Phases) 28 220 4 6 0 56 46 56 32 0 0 336 22 12 City of Owasso m Garnett Road, East 86th Street North to East 96th Street North Exhibit B - Fee Proposal City of Owasso, Garnett Road Widening, East 86th Street North to East 96th Street North Labor Related Expenses (Alan -In- Hand): Std. Hourly Rate Engineer IV 186 MH @ $ 88.40 = $ 16,442.40 Engineer IV 74 MH @ $ 85.02 r $ 6,291.48 Engineer II 58 MH @ $ 65.00 = $ 3,770.00 Engineer III 40 MH @ $ 78.00 $ 3,120.00 Technician If 302 MH @ $ 44.20 - $ 13,348.40 Technician II 36 MH @ $ 44.98 $ 1,619.28 Land Surveyor 0 MH @ $ 52.00 = $ - . Subtotal Labor 696 MH $ 44,591.56 Total Direct Labor Expenses $ 44,592 Other Pass- through Expenses: Reproduction - Plan -In -Hand Plans 1/2 720 Sheets @ $ 0.20 - $ 144.00 $. 144.00 $144 Sub - Consultants Abstracting - Certified Owners 20 Properties $ 220.00 = $ 4,400.00 Traffic Signal $ 8,400.00 Survey /Base Map $ 11,500.00 Geotechnical $ 3,500.00 $ 27,800.00 $27,800 Total of Other Pass - through Expenses: $27,944 Plan -In -Hand Design Fee - $ 72,536 Estimated number of total sheets: 60 Labor Related Expenses (Final Plans): Std. Hourly Rate Engineer IV 192 MH @ $ 88.40 = $ 16,972.80 Engineer IV 52 MH @ $ 85.02 = $ 4,421.04 Engineer II 40 MH @ $ 65.00 = $ 2,600.00 Engineer III 56 MH @ $ 78.00 = $ 4,368.00 Technician II 304 MH @ $ 44.20 - $ 13,436.80 Technician II 22 MH @ $ 44.98 = $ 989.56 Land Surveyor 12 MH @ $ 52.00 = $ 624.00 Subtotal Labor 678 MH $ 43,412.20 Total Direct Labor Expenses $ 43,412 Other Pass - through Expenses: Reproduction -Final Plans Full 750 Sheets @ $ 0.45 = $ 337.50 - Plan Mylars 150 Sheets @ $ 5.00 = $ 750.00 - Construction Plans 5250 Sheets @ $ 0.45 = $ 2,362.50 - Construction Documents 7000 Sheets @ $ 0.15 = $ 1,050.00 $ 4,500.00 Survey Staking $ 1,308.00 Traffic Signal $ 6,000.00 Total of Other Pass - through Expenses: $11,808 Final Plans Design Fee = $ 55,220 Labor Related Expenses (Construction): Std. Hourly Rate Engineer IV 28 IvlH @ $ 88.40 $ 2,475.20 Engineer III 4 MH @ $ 85.02 = $ 340.08 Engineer II 6 MH @ $ 65.00 = $ 390.00 Technician II 32 MH @ $ 44.20 = $ 1,414.40 Technician II 0 MH @ $ 44.98 = $ - Land Surveyor 0 MH @ $ 52.00 = $ - Subtotal Labor 70 MH $ 4,619.68 Total Direct Labor Expenses $ 4,620 Construction Fee = $ 4,620 Estimated number of total sheets: 150 Total Fee = $ 132,375 Xi