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Home My WebLink About2004.07.06_City Council Agenda Ii: \Agendns\COllIlCi 1\200..J.\070604 .doc 5. Presentation ofthe Character Trait of Alertness. Dan Yancey, Owasso Police Department 4. Roll Call 3. Flag Salute 2. Invocation Elijah Nagbe, Associate Pastor First United Methodist Church 1. Call to Order Mayor Kimball AGENDA Notice and agenda filed in the office of the City Clerk and posted at City Hall 5 :00 p.m. on Friday, July 2, 2004. ///l, ~",) ( , " 72 ,) I -,~'" t~ ,r/ " j/ .,--'/./ '; I ,~ '--'ci;.l/(_ L( (( t(J \ / " ~j ,{t fi-t J)idiann M. Stevens, Administfative'Assistant Regular July 6, 2004 6:30 p.m. Council Chambers, Old Central Building 109 N. Birch TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL Council H: \Agcndas\Cotlflcil\2004\070604. doc Staff recommends Council acceptance of the Tyann Commercial Center 12-inch water line relocation. D. Action relating to Council acceptance of the completed relocation of a 12-inch water line by Tyann Development for the Tyann Commercial Center, subject commercial property located on E 96th Street North immediately east of US Highway 169. Attachment # 7- D Staff recommends Council acceptance ofthe Wananty Deed dated June 28, 2004 from the Larkin Bailey Foundation and that the Mayor be authorized to execute all related documents. C. Action relating to Council approval and authorization of Mayor to accept a Wananty Deed dated June, 28 2004 from the Larkin Bailey Foundation for the E. 106th Street North and N. Garnett Road Water Tank Site and Right of Way and to execute all related documents. Attachment # 7-C B. Approval of Claims. Attachment # 7- B A. Approval of Minutes of the June 15,2004 Regular Meeting. Attachment # 7- A 7. 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. Mr. Ray will recognize the employee for the month of June. 6. Employee of the Month. Mr. Ray Owasso City Council July 6, 2004 Page 2 H: \Agend3s\C ollflcil\2004\070604. doc 9. Report from City Manager. Staff recommends Council approve Resolution #2004-13. 8. Consideration and appropriate action relating to a request for Council approval of Resolution #2004-13, a resolution establishing a defened compensation plan with Nationwide Retirement Solutions. Ms. Dempster Attachment # 8 Staff recommends Council approval of Ordinance No. 790 and has listed this item in the consent section of the agenda based on Council action taken June 15, 2004 to approve the rezoning request. F. Action relating to Ordinance No. 790, an ordinance approving the rezoning request from Mahar, Tuzzulino, and Cleveland, as made in application number OZ 04-07, of approximately 0.68 acres, more or less, subject property is located in the northwest corner of East 22nd Street and North Garnett Road, and repealing all ordinances or parts of ordinances in conflict herewith. Attachment # 7-F Staff recommends Council approve the assignment of lease agreement. E. Action relating to Council approval of the "Landlord Consent to Assignment and Release" agreement between the City of Owasso and Titan Towers, L.P., to Global Tower Management, LLC and authorize the Mayor to execute all related documents. Attachment # 7-E Owasso City Council July 6, 2004 Page 3 H: '.Agendas\C onncil\2004\070604_ doc 13. Adjournment. 12. New Business (New Business is any item of business which could not have been foreseen at the time of posting ofthe agenda.) 11. Report from City Councilors. 10. Report from City Attorney. Owasso City Council July 6, 2004 Page 4 C. Approval for the increase in CLEET fees collected by the City of Owasso on all criminal misdemeanor and traffic violations resulting in an adjudication of guilt resulting in a suspended or defened sentence. This increase in fees collected is pursuant to Title 20 O.S. l3l3.2, Title 11 O.S. 14-111, and Title 19 O.S. 220. B. Approval of Claims. A. Approval of Minutes of the June 1, 2004 Regular Meeting and the June 8, 2004 Special Meeting. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA ITEM 5. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney A quorum was declared present. ABSENT Gary Cochran, Councilor PRESENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Brent Colgan, Councilor ROLL CALL ITEM 4. City Councilor Steve Cataudella led the flag salute. FLAG SALUTE ITEM 3. The invocation was offered by J ack Voss, Pastor of Crossroads Christian Center. INVOCATION ITEM 2. The meeting was called to order at 6:30 p.m. CALL ITEM 1. The Owasso City Council met in regular session on Tuesday, June 15, 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, June 10,2004. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 15,2004 #7 2 Motion canied 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Colgan moved, seconded by Mr. Cataudella, for Council confirmation of all appointments. Sales Tax Watchdog Committee: News Media Teny Azamber Retail Business Danny Ewing Pam Holt DJ Gall Steve Mowery David Boggs Donna Pepper J eff Westerfield Bob Barnes Brenda Snow Rhett Morgan Guy Nightingale Jeff Ferguson Erik Miller Duane Coppick Kevin Vanover Ken Foster David Hall Education Recreation Building Industry Senior Citizen Financial Members-at -large: Service Business Planning Commission: Board of Adjustment: Mayor Kimball recommended the following Owasso citizens for appointment to committees as stated below. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF NOMINATIONS BY THE MAYOR TO THE OW ASSO PLANNING COMMISSION, OW ASSO BOARD OF ADJUSTMENT, AND THE SALES TAX WATCHDOG COMMITTEE. ITEM 6. Motion carried 4..0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Cataudella moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $313,086.01, transfers totaling $10,359,830.00, and payroll claims totaling $291,128.10; and Council approval for the increase in CLEET fees as stated above. June 15, 2004 Owasso City Council 3 Motion carried 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Ms. Stagg presented the item. Mr. Colgan moved, seconded by Mr. Thoendel, for Council approval of Change Order Number 2 to the contract for East 86th Street North Improvements (North 129th East Avenue to North 145th East Avenue) with Becco Contractors, Inc. in the amount of $113,007.90 and a revised contract total amount of $2,617,204.98. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CHANGE ORDER TO THE CONTRACT FOR THE 86TH STREET NORTH IMPROVEMENTS WITH BECCO CONTRACTORS. ITEM 9. Motion canied 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Cates presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of the Lease Agreement presented. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF A LEASE AGREEMENT WITH THE YMCA OF GREATER TULSA. ITEM 8. Motion canied 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NA Y: None Mr. Cates presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council approval of the First Amendment to Lease Agreement as presented and authorize the Mayor to execute such agreement. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE LEASE AGREEMENT WITH TITAN TOWERS, LP. ITEM 7. June 15, 2004 Owasso City Council 4 ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 789, AN ORDINANCE RELATING TO PART 7, FINANCE AND TAXATION, CHAPTER 1, FINANCE AND BUDGET ADMINISTRATION, SECTION 7-l05, WHEN PRIOR APPROVAL BY COUNCIL IS REQUIRED, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, AMENDING SAME BY INCLUDING AS CATEGORIES EXCLUDED FROM APPLICABILITY HEALTH, DENTAL, AND VISION COVERAGE PAYMENTS PAYABLE FROM THE HEALTH CARE SELF INSURANCE FUND AND ADOPTING AS NEW LAW PROVISIONS AUTHORIZING THE CITY TREASURER, CITY MANAGER OR CITY MANAGER'S DESIGNEE TO APPROVE AND PAY CLAIMS OR INVOICES FROM HEALTH, DENTAL AND VISION THIRD PARTY ADMINISTRATORS FROM THE HEALTH CARE SELF INSURANCE FUND, ESTABLISHING ADEQUATE INTERNAL CONTROLS AND DECLARING AN EMERGENCY. Motion carried 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council approval of rezoning request OZ 04-07 at stated above. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-07 FROM MAHAR, TUZZOLINO & CLEVELAND, FOR THE REZONING OF APPROXIMATELY 0.68 ACRES, MORE OR LESS, FROM OL (OFFICE LIGHT INTENSITY) TO CG (COMMERCIAL GENERAL DISTRICT). THE SUBJECT PROPERTY IS LOCATED AT 9220 NORTH GARNETT ROAD. Motion carried 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Ms. Stagg presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of the agreement for engineering services for the Upper Service Plane Water Improvements Project with the Benham Companies, Inc. in the amount of $204,925.00 and authorize the Mayor to execute all necessary documents. ~ ITEM 1 O. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF AN ENGINEERING DESIGN SERVICE AGREEMENT FOR PHASE I WATER SYSTEM IMPROVEMENTS. June 15, 2004 Owasso City Council 5 @ Increase the General Fund Revenues and Expenditures by $347,755.00 @ Increase the Ambulance Service Fund Revenues by $65,000.00; Increase Expenditures by $45,000.00 Mr. Rooney presented the item. Mr. Colgan moved, seconded by Mr. Thoendel, for Council approval of the following amendments to the FY 2003-2004 budgets. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF BUDGET AMENDMENTS TO VARIOUS FUNDS. Motion cmned 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Ray presented the item. Mr. Thoendel moved, seconded by Mr. Colgan, for Council approval of Resolution No. 2004-l2, a resolution providing for the adoption of an annual operating budget for fiscal year 2004-2005. ITEM 14. CONSIDERATION AND APPROPRIATE ACTI9N RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2004-12, A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2004-2005. Motion carried 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council adoption of the Emergency Clause to Ordinance No. 789. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF THE EMERGENCY CLAUSE TO ORDINANCE NO. 789. Motion carried 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of Ordinance No. 789 as stated above. June 15, 2004 Owasso City Council 6 Pat Fry, Minute Clerk Susan Kimball, Mayor Motion canied 4-0 and the meeting was adjourned at 7:10 p.m. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None Mr. Colgan moved, seconded by Mr. Cataudella, to adjourn. ITEM 20. ADJOURNMENT Mayor Kimball made a formal request to Mr. Ray concerning a recent rezoning issue involving a school and an apartment complex. Ms. Kimball asked Mr. Ray to review and report back to the Council any and all possible restrictions that would apply to this zoning issue. ITEM 19. NEW BUSINESS Mayor Kimball made various announcements regarding City sponsored activities. ITEM l8. REPORT FROM CITY COUNCILORS None ITEM 17. REPORT FROM CITY ATTORNEY Mr. Ray then introduced two young citizens in the audience, Taylor and Bailey Stevens, daughters of Roger and Julie Stevens. Mr. Ray expressed his appreciation to the Staff for their efforts in keeping within the budget limits for Fiscal Year 2003-2004. MANAGER ITEM 16. REPORT FROM Motion cauied 4-0. YEA: Colgan, Cataudella, Kimball, Thoendel NAY: None @ Increase Bond Project Fund Expenditures by $7,590.00 @ Increase Worker's Comp SelfInsurance Fund Expenditures by $60,000.00 June 15, 2004 Owasso City Council 22.50 67.50 306.30 79.20 641.88 625.45 28.90 400.00 335.05 114.00 118.15 89.91 81.90 NAME TAGS PRINTING PRINTING SUBSCRIPTION COPIER MAINT COPIER MAINT MAT SERVICES HEARING IMPAIRED INTERPRETER GRANT ADMIN REFUSE SERVICE LEGAL NOTICES EMPLOYMENT ADS EMPLOYMENT ADS 24.25 2,890.00 2,914.25 OFFICE SUPPLIES FY 02-03 AUDIT FINANCE DEPT TOTAL 55.42 32.84 179.60 70.06 84.05 100.00 107.67 183.79 21.96 25.00 14.54 17.03 35.83 110.00 203.11 925.00 260.00 326.53 1,365.00 15,000.00 130.00 240.00 19,487.43 CITY MGR EXPENSES OFFICE SUPPLIES COPY PAPER OFFICE SUPPLIES STAPLES DA T ABOOK FUEL PHONE USE-RAY MILEAGE-HUNT ANNUAL BOARD LUNCHEON BENEFITS FAIR STAFF TRAINING COUNCIL MEETING PORTABLE RESTROOMS RELAY FOR LIFE TIMMY & CINDY BRONZE RELAY FOR LIFE RENTAL RENTAL EQUIPMENT TIMMY & CINDY BRONZE COMMUNITY EVENT CONCRETE PADS BANNERS MANAGERIAL DEPT TOTAL BAILIFF DUTIES MUNICIPAL COURT DEPT TOTAL 240.00 DEPOSIT REFUND REFUND TOTAL 30.00 AMOUNT DESCRIPTION A-Z RUBBER STAMPS A-Z RUBBER STAMPS SAV-ON PRINTING WORLD PUBLISHING COMPANY IKON OFFICE SOLUTIONS OWASSO COPIER SERVICE CENTER CINTAS CORPORATION CSD INCOG AMERICAN WASTE CONTROL NEIGHBOR NEWSPAPER DAILY AND SUNDAY OKLAHOMAN WORLD PUBLISHING COMPANY OFFICE DEPOT CRAWFORD & ASSOCIATES PC TREASURER PETTY CASH OFFICE DEPOT WORDCOM OFFICE DEPOT IKON OFFICE SOLUTIONS C&D PUBLISHING FUELMAN AT&T WIRELESS TREASURER PETTY CASH OWASSO CHAMBER COMMERCE REASORS TREASURER PETTY CASH TREASURER PETTY CASH AT YOUR SERVICE RENTALS BAILEY RANCH GOLF FOOD & BEVERAGE DEPT BRANDON AUCTION A-1 TENT RENTALS ABC'O RENTS & SALES WORLD CLASS COLLECTABLES IMPERIAL FIREWORKS RAINBOW CONCRETE A N Z SIGNS BAILEY, MATT TREASURER PETTY CASH VENDOR CITY OF OWASSO CLAIMS TO BE PAID 07/06/04 )LENDOR [)'l;Ji~RIPTION AMOUNT AT&T WIRELESS PHONE USE-CATES 42.90 FEDEX POSTAGE FEES 33.47 TREASURER PETTY CASH POSTAGE 13.65 AN Z SIGNS BANNERS 1,630.00 REASORS FAMILY TRAINING 5.97 LOWES COMPANIES SUPPLIES 12.38 OWASSO CHAMBER COMMERCE HOME/GARDEN SJ-lOW BOOTH 2,500.00 TREASURER PETTY CASH FILING FEES 317.00 FALCON AUDIO LECTERN-OLD CENTRAL 1,450.00 GENERAL GOVERNMENT DEPT TOTAL <mff=======-~ 8,916.11 OFFICE DEPOT OFFICE SUPPLIES 30.35 OFFICE DEPOT OFFICE SUPPLIES 42.4 7 WAL-MART COMMUNITY COLOR PRINTER 168.88 A TWOODS SAFETY BOOTS-EDWARDS 120.00 FUELMAN FUEL 271.67 BUNYARD, DENNIS ABATEMENT MOWING #04-04 200.00 NEIGHBOR NEWSPAPER ORDINANCE PUBLICATIONS 1,075.80 BUNYARD, DENNIS ABATEMENT #04-08 140.00 BUNYARD, DENNIS ABATEMENT #04-06 75.00 BUNYARD, DENNIS ABATEMENT #04-05 100.00 BURR KANNADY INSPECTION SERVICES-MAY/JUNE 630.00 BURR KANNADY MILEAGE-MAY/JUNE 71.64 METROCALL 05/04 USE 28.48 AT&T WIRELESS PHONE USE-WILES 31.74 COMMUNITY DEVELOPMENT DEPT TOTAL 2,986.03 JOLlE, INC. DBA MAIL BOXES MAILING CHARGES 29.89 WAL-MART COMMUNITY OFFICE SUPPLIES 59.58 WATER PRODUCTS VALVE WRENCH 41.67 FUELMAN FUEL 184.11 SAY-ON PRINTING PRINTING 40.00 NATIONAL POWER WASH VEHICLE WASHING 10.00 SOUTHWESTERN BELL TELEPHONE PHONE PEDESTAL RELOCATION 3,814.06 TREASURER PETTY CASH VEHICLE WASH 6.00 METROCALL 05/04 USE 7.12 HOLIDAY INN-NORMAN LODGING-ALEXANDER 55.00 HOLIDAY INN-NORMAN LODGING-BAIN 55.00 ENGINEERING DEPT TOTAL 4,302.43 OFFICE DEPOT CABLES 19.99 METROCALL 05/04 USE -85.00 A T& T WIRELESS CELL PHONE USE-HOUGHTON 36.38 INFORMATION SYSTEMS DEPT TOTAL -28.63 BAILEY EQUIPMENT MOWER SUPPLIES 20.99 SAMS CLUB MAINT SUPPLIES 15.55 RADIO SHACK REPAIRJMAINT SUPPLIES 8.66 EWING TULSA WATER METER LID 3.65 STAPLES TRASH CONTAINER 62.69 VENDOR DESCRIPTION AMOUNT WAL-MART COMMUNITY EASELS 9.81 RADIO SHACK MOTION DETECTOR 26.99 SOONER LOCK & KEY LOCK FOR OVERHEAD DOOR 319.50 CARD CENTER SUPPLIES 90.08 CARD CENTER SUPPLIES 14.29 UNIFIRST CORPORATION UNIFORM RENTAL 80.20 FUELMAN FUEL ~ 387.57 ALCORN SERVICE & CO FUEL TANK REMOVAL 3,050.00 CLASSIC ELECTRIC NEW MAIN BREAKER 495.00 SCHINDLER ELEVATOR QUARTERLY SERVICE BILL 489.51 FLYNN'S PEST CONTROL PEST CONTROL 130.00 FLYNN'S PEST CONTROL PEST CONTROL 90.00 LOWES COMPANIES REPAIR/MAl NT SERVICE 155.45 REDLEE JANITORIAL SERVICES 196.32 BAILEY EQUIPMENT LAWN MOWER SUPPLIES 192.57 DISTRICT II PROBATION COMMUNITY WORKER PROGRAM 170.38 FUELMAN FUEL 260.75 TREASURER PETTY CASH DOC LUNCHES 45.51 METROCALL 05/04 USE 7.12 AT&T WIRELESS PHONE USE 52.37 COMPUSOURCE LASER JET PRINTER 1,477.35 TECHDEPOT BELKIN F6C800 171.90 SAMS CLUB MAINT SUPPLIES 119.28 SUPPORT SERVICES DEPT TOTAL 8,143.49 BAILEY EQUIPMENT REPAIR/MAl NT SUPPLIES 12.99 - CEMETERY DEPT TOTAL 12.99 WORDCOM COPY PAPER 89.80 OFFICE DEPOT OFFICE SUPPLIES 54.21 SAV-ON PRINTING PRINTING 40.00 AMERI-CHEM DRUG 10 BOOK 39.95 OWASSO COPIER SERVICE CENTER COPIER MAINT 647.58 SOUTHERN AGRICULTURE CANINE FOOD 129.94 OKLAHOMA POLICE SUPPLY AMMUNITION 138.00 SOUTHERN AGRICULTURE CANINE FOOD 41.28 PATROL TECHNOLOGY UNIFORMS 310.50 FUELMAN FUEL 4,115.87 FICKLIN, TIM W. PHD MMPI 50.00 OK ASSOC CHIEFS OF POLICE RESERVE TESTS 260.00 A N Z SIGNS VEHICLE STRIPING/LETTERING 250.00 CARD CENTER MAINT SUPPLIES 39.95 CARD CENTER REPAIR/MAl NT SERVICE 54.25 METROCALL 05/04 USE 135.30 AT&T WIRELESS PHONE USE-YANCEY 118.79 US CELLULAR PHONE USE-MOZINGO 56.89 POLICE DEPT TOTAL 6,572.31 SAMS CLUB MAINT SUPPLIES 61.99 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 VENDOR DESCRIPTION AMOUNT METROCALL 05/04 USE 7.10 TREASURER PETTY CASH TRAINING-RAMSEY 10.00 POWERPHONE TRAINING 945.00 POUCE COMMUNICATIONS DEPT TOTAL 1,374.09 HILLS PET NUTRITION SHELTER SUPPLIES 46.25 SAMS CLUB MAINT SUPPLlES~ 141.52 STRATHE VETERINARY VET SUPPLIES 103.75 GILMOUR MFG CO HOSE NOZZELS 33.25 FUELMAN FUEL 109.99 STRATHE VETERINAr~Y EUTHANASIA SERVICES 103.50 METROCALL 05/04 USE 14.24 OK ANIMAL CONTROL ASSN TRAINING-HOPKINS 150.00 ANIMAL CONTROL DEPT TOTAL 702.50 OFFICE DEPOT OFFICE SUPPLIES 82.32 IFSTAlFPP BOOKS 200.00 ADVANCED MODULAR POWER SYSTEMS CAPACITOR 55.53 FUELMAN FUEL 1,210.54 BMI SYSTEMS OF TULSA COPIER MAINT/LEASE 172.87 OFFICE DEPOT CARDS/FL YERS 54.87 METROCALL 05/04 USE 9.28 FIRE DEPT TOTAL 1,785.41 TREASURER PETTY CASH EOC MEETING 45.00 A PLUS SERVICE AlC REPAIR 1,225.00 METROCALL 05/04 USE 14.24 HOLIDAY INN EXPRESS LODGING-MOTTONOSS 110.00 EMERGENCY PREPAREDNESS DEPT TOTAL 1,394.24 TULSA NEW HOLLAND BLADE GUARDS 70.02 ESTES WEED CHEMICALS 75.00 RAINBOW CONCRETE CONCRETE 488.25 BIRD-X BIRD CONTROL 585.00 BAILEY EQUIPMENT REPAIRlMAINT SUPPLIES 79.84 BROWN FARMS SOD REPAIRlMAINT SUPPLIES 200.00 A TWOODS REPAIRlMAINT SUPPLIES 51.46 ANCHOR STONE SCREENINGSIWASH ROCK 197.05 A TWOODS REPAIRlMAINT SUPPLIES 3.94 A & A MATERIALS ASPHALT 229.17 RAINBOW CONCRETE CONCRETE 260.00 MAXWELL SUPPLY OF TULSA MAINT SUPPLIES 9.60 BROWN FARMS SOD REPAIRlMAINT SUPPLIES 150.00 L & S TRUCKING HAULING CHARGES 60.00 UNIFIRST CORPORATION UNIFORM RENTALS 69.37 UNIFIRST CORPORATION UNIFORM RENTALS 34.06 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 62.56 GELLCO SAFETY SHOES SAFETY BOOTS-RIDGWAY 103.49 A TWOODS SMALL TOOLS 6.91 FUELMAN FUEL 686,16 VENDOR DESCRIPTION AMOUNT MAXWELL SUPPLY OF TULSA CONCRETE FINISHING BROOMS 58.38 NATIONAL POWER WASH VEHICLE WASHING 20.00 BEE LINE TRAFFIC CONTROL TRAFFIC CO NT REPAIRS 2,833.37 SIGNAL TEK TRAFFIC CONTROL MAINT 643.50 METROCALL 05/04 USE 64.08 ADVANCED WARNING STREET BARRICADE RENTALS 121.10 TULSA TECHNOLOGY CENTER BITS TRAINING "'. 40.00 STREETS DEPT TOTAL A TWOODS MAl NT SUPPLIES 19.91 PANNELLlASSOCIA TES PLUMBING SUPPLIES 24.50 BAILEY EQUIPMENT WEEDEATER L1NEICHAINSAW PARTS 53.65 MURPHY SANITARY SUPPLY CLEANING SUPPLIES 43.80 FUELMAN FUEL 318.73 ADT SECURITY SERVICES SECURITY SERVICES 41.10 JB STIGALL MOW CENTENNIAL PARK 372.00 WASHINGTON CO RWD# 3 WATER 19.70 METROCALL 05/04 USE 14.24 ORPS MEMBERSHIPS 160.00 AT YOUR SERVICE RENTALS EQUIPMENT RENTALS 110.00 EARL CLARK ART IN THE PARK 1,800.00 TREASURER PETTY CASH ART IN THE PARK 9.65 PARKS DEPT TOTAL 2,987.28 MURPHY SUPPLY CARPET CLEANER NOZZLE 29.75 FUELMAN FUEL 50.28 - CURTIS RESTAURANT SUPPL Y POPCORN MACHINE REPAIR 223.20 LOWES COMPANIES PATIO SECTION 131.37 WAL-MART COMMUNITY FANS 115.15 HARP ELECTRIC CUT LINE REPAIR 193.49 RAINBOW CONCRETE CONCRETE 260.00 AT&T WIRELESS PHONE USE 10.00 COMMUNITY CENTER DEPT TOTAL 1,013.24 TINT SHOP WINDOW TINTING 675.00 SIGNS BY JAY SIGN 30.00 HISTORICAL MUSEUM TOTAL 705.00 FUELMAN FUEL 66.93 TRIAD PRINTING PRINTING 83.28 CROSSROADS COMMUNICATIONS ARTWORK 75.00 AT&T WIRELESS PHONE USE-HAYES 1 02.76 TREASURER PETTY CASH OEDA MEETING 13.01 ECONOMIC DEVElOPMENT DEPT TOTAL 340.98 GENERAL FUND TOTAL 71,081.46 ALLIANCE MEDICAL AMBULANCE SUPPLIES 865.37 MEDICAL COMPLIANCE SPECIALITY BIO-WASTE DISPOSAL 42,00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 697.03 VENDOR DESCRIPTION AMOUNT TRIAD PRINTING PRINTING 960.00 MEDICLAIMS MONTHL Y SERVICES 4,407.97 FIRE SERVICE TRAINING OSU TRAINING-KELLEY 25.00 AMBULANCE SERVICE FUND TOTAL SOUTHWESTERN BELL E911 MONTHLY CHARGES 806.25 E-911 FUND TOTAL CH GUERNSEY & COMPANY STREET WIDENING 8/20/02 1'1,562.60 CH GUERNSEY & COMPANY STREET WIDENING 8/20/02 1,804.69 CH2M HILL N 129 EAVE WIDENING-01/20/04 18,800.00 CH2M HILL HWY 169/E 96 ST N INTERCHANGE 43,150.00 BECCO CONTRACTORS 86TH-129 E AVE/145 EAVE 230,641.75 CAPITAL IMPROVEMENTS FUND TOTAL 305,959.04 SAMS CLUB MAINT SUPPLIES 4.83 OFFICE DEPOT OFFICE SUPPLIES 2.82 ZEP MFG MAINT SUPPLIES 141.84 VETRONIX SCANNER SOFTWARE UPDATE 1,425.00 SAMS CLUB MAINT SUPPLIES 4.56 UNIFIRST CORPORATION UNIFORM RENTAL 130.40 WELSCO WELDING SLEEVES 83.50 O'REILL Y AUTOMOTIVE REPAIR PARTS 1,470.43 FRICTION PRODUCTS BRAKE REBUILDERS REPAIR PARTS 768.14 CLASSIC CHEVROLET REPAIR PARTS 989.78 FRONTIER INTERNATIONAL TRUCKS REPAIR PARTS - 20.48 FORD OF TULSA REPAIR PARTS 59.03 EAST TULSA DODGE REPAIR PARTS 432.00 AM AUTO SALVAGE REPAIR PARTS 35.00 TULSA NEW HOLLAND REPAIR PARTS 120.90 OK TRUCK SUPPLY REPAIR PARTS 87.76 MILEAGE MASTERS TIRES 222.42 OCT EQUIPMENT BACKHOE PARTS 79.19 LENOX WRECKER SERVICE TOWING CHARGE 226.00 T&W TIRE TIRES 489.76 METROCALL 05/04 USE 14.24 PAVEYS PAINT & BODY SHOP VEHICLE BODY REPAIR 90.00 CLASSIC ELECTRIC CAR WASH INSTALLATION 357.00 CITY GARAGE FUND TOTAL 7,255.08 PPO SOLUTIONS MEDICAL REVIEW FEES 95.24 PPO SOLUTIONS MEDICAL REVIEW FEES 141.36 UNITED SAFETY & CLAIMS 3RD PARTY ADMIN 1,417.67 TREASURER PETTY CASH C112103 75.00 YORK, JOHN, C/O BRYCE A HILL TRAVEL EXPENSES 29.25 SCOTT MEDICAL CLINIC S05054 83.80 TULSA BONE & JOINT ASSOC 007163 244.87 ST FRANCIS HOSPITAL J04274 167.37 ASSOCIATED ANESTHESIOLOGISTS G02264 641.81 ASSOCIATED ANESTHESIOLOGISTS 1304074 306.95 407,686.89 GRAND TOTAL 143.31 60.56 22.10 652.42 52.04 56.80 56.80 104.20 103.88 19.95 244.87 142.20 109.05 25.00 135.69 104.80 120.28 794.70 1,840.00 2,739.78 346.54 433.80 2,492.89 54.40 56.80 192.18 39.88 51.42 34.59 42.57 187.06 269.08 269.08 269.08 41.57 75.00 15,587.69 B04074 G02264 R05074 B04074 G02264 R05074 H05124 H05124 Y05234 007163 007163 R05074 C03294 R05074 C05264 H05124 J04274 R05074 J06172 B04074 J06172 R10163 804074 R05074 C05264 C03294 C03294 C03294 R06094 B04074 001294 TTD PAYMENTS TTD PAYMENTS TTD PAYMENTS 004122 071603 WORKERS COMP FUND TOTAL AMOUNT DESCRIPTION ASSOCIATED ANESTHESIOLOGISTS THIRD PARTY SOLUTIONS THIRD PARTY SOLUTIONS CENTRAL STATES ORTHOPEDIC CENTRAL STATES ORTHOPEDIC URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY MEDICAP PHARMACIES WORKING RX TULSA BONE & JOINT ASSOC TULSA RADIOLOGY ASSOCIATES MEDICAP PHARMACIES ROBERTS, INC URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY EMERGENCY CARE REGIONAL RADIOLOGY TULSA SPINE HOSPITAL ORTHOPEDIC HOSPITAL TULSA PAIN CONSULTANTS TRANKELL-ZUNIGHA CENTRAL STATES ORTHOPEDIC URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY URGENT CARE OF GREEN COUNTRY MEDICAP PHARMACIES MEDICAP PHARMACIES MEDICAP PHARMACIES CENTRAL STATES ORTHOPEDIC ST JOHN MEDICAL CENTER JAMPETRO, TAMARA C/O CRAIG ARMSTRONG JAMPETRO, TAMARA C/O CRAIG ARMSTRONG JAMPETRO, TAMARA C/O CRAIG ARMSTRONG OK TAX COMMISSION SPECIAL TAX UNIT TREASURER PETTY CASH VENDOR Worker's Comp Self-Insurance Fund Ambulance Fund Garage Fund Central 158.85 7,532.02 Fire 1.26 Streets 0.00 6,617.02 Park Maintenance 0.00 7,390.58 Historical Museum 0.00 2,288.45 5,851.06 0.00 Human Resourses J otal Expenses Overtime EXQenses Department 6/26/2004 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE ATTACHMENTS: 1. Acknowledgement and Acceptance of Conveyance of Realty, 2. Warranty Deed; and, 3. Agreement. It is Staffs' recommendations that the Council acknowledge the receipt of the conveyance, accept such and authorize the Mayor to execute the document. Please do not hesitate to contact fv1r. Ray or me with any questions. RECOMMENDATION:, The City of Ow as so has received a Warr~ty Deed from the Larkin Bailey Foundation, which conveys to the City fee simple title absolute to the tank site at 106th and Gamett as well as the right of way for a road necessary to serve such site. The considerations for such conveyance are essentially provisions relating to construction activities which facilitate future connections along a proposed water transmission line as such traverses the Larkin Bailey Foundation land as .well as the waiver of the "Tap" fee for those connections intended and used for commercial development on the tract. A copy of an Agreement reflecting the considerations is attached for your convenience. It should be noted at this juncture that the easements necessary to construct the water transmission line across the Larkin Bailey Foundation property would be dedicated to the City without the requirement of any additional consideration. Pursuant to direction of the City Manager, there is presented for the Council's consideration a proposed Acknowledgement and Acceptance of Conveyance of Realty. This document is presented for purposes of formalizing the City's acceptance-of the Warranty Deed from the Larkin Bailey Foundation. A copy of the document is attached for your review. BACKGROUND: JULY 1, 2004 DATE: CONSIDERATION AND APPROPlUATE ACTION RELATING ACCEPTANCE OF WARRANTY DEED FROM LARKIN BAILEY FOUNDATION FOR 106TH AND GARNETT TANK SITE AND RIGHT OF WAY RONALD CATES ATTORNEY THE HONORABLE MAYORAND CITY COUNCILORS CITY OF OW ASSO TO: MEMORANDUM Commission expires: Commission number: Notary Public This instrument was subscribed and acknowledged before me on this _ day of July 2004, by Susan Kimball and Sherry Bishop, as Mayor and City Clerk for the City of Owasso, respectively. STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) Sherry Bishop, City Clerk Attest: By: Susan Kimball, Mayor City of Owasso, Oklahoma This shall serve to acknowledge receipt of delivery of the Warranty Deed, a copy thereof being attached hereto, made a part hereof and marked as Exhibit A, as well as acceptance of the conveyance of realty described therein and transferred thereby. ACKNOWLEDGEMENT AND ACCEPTANCE OF CONVEYANCE OF REALTY 1 Grantor, its assigns and successors, does hereby covenant, promise and agree to and with Grantee, its administrators and assigns, at the delivery of these presents it is lawfully seized in its own right of an absolute and indefeasible estate of inheritance in fee simple, of and in all singular the above granted and described premises, with the appmienances; that the same are free, clear, discharged and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances, of whatsoever nature and kind, except: easements and building restrictions of record and special assessments not yet due; and that Grantor will warrant and forever defend the To have and to hold the same free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature. together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining forever. See attached Exhibit "A", That for and in consideration of the sum ofTen Dollars and Noll 00 ($10.00) and other good and valuable consideration hereinafter set forth, the receipt of which is hereby acknowledged, the Grantor does, by these presents, grant, bargain, sell and convey unto the Grantee, its administrators and assigns all of the Grantor's right, title and interest in and to the following described real estate and premises,-including all right, title and interest in and to the airspace, light and view above the surface of the following described real estate, to-wit: WITNESSTH: THIS INDENTURE made this,:,,;! z;(day of June, 2004, by and between Patsy R. Cravens, Roy G. Cartwright and Joseph N. Witt, Trustees ofthe Larkin Bailey Foundation dated August 28, 1985 As Amended, ("Grantor"), and the City of Owasso, Oklahoma, ("Grantee"). 1) STAMPS WARRANTY DEED City of Ow as so Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 ~ ~ WILSON Tulsa County Clerk ~ EARLENE Docit 04077191 Pgs 4 Receipt it 736288 06/29/04 10: 55: 22 Fee 19 . 00 11111111111111111 1111I1111I111111111111111111111111I1111111111 11111111 ;Q;l10073628::::0~31 ;Q; 2 City of Owasso Attn: Juliann Stevens PO Box l80 Owasso, Oklahoma 74055 ~~~~- '1 f1,:;'~,',";;;-:'''''' f'l;~tR'" O'lI,'I,i" O"lahoma ,;:i .~~':/':--:'^'?i. ...... . i' ./..,. .'\1 J ff(,;:;~/'1A':':;-'--~"~ OFfiCIAL SEAL ~i..,>",,'B1~':~\ JACQ\,J~LY,N GUY (;I'," ,.,,-{~,...IJJ <j", I,',' C .., '~J-..i,:&v ,g.:l ,.('J\.H1:.y .~.Jk~;Y--' C{;'l;:ii, ~ .' ""'''\, f /, . .;:./.-.~~-'-7 /t:.-.--;:"~.L/"'-".I~~ __.r- /7' '/ rl ( :I N~~ary p"~ ;:t 9 3 DO 7/2 7 My commission Expires: q) -;2';;-- ti/ 5" WITNESS my hand and seal the day and year last above written. a Before me, a Notmy Public in and for this State, on this d-Lday of June, 2004, personally appeared Patsy R. Cravens, Roy G. Cartwright and Joseph N. Witt, Trustees of the Larkin Bailey Foundation dated August 28, 1985 As Amended, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed as such Trustees for the uses and purposes therein set forth. State of Oklahoma ) ) ss County of Tulsa ) ,4-/1 ,>,4 k-~ztI---, oseph N W' , . Itt, Trustee ~ Patsy LARKIN BAILEY FOUNDATION DATED AUGUST 28,1985 AS AMENDED IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first above written. same unto the Grantee, its assigns and successors, against the Grantor, its assigns and successors and all and every person or persons whomsoever, lawfully claiming or to claim same. City of Ow ass 0 Attn: Juliann Stevens PO Box l80 Owasso, Oklahoma 74055 Commencing at the NOliheast Comer of said NOliheast Quarter; thence South 88deg 35' 49" West along the Northerly line of said NE/4 for 2453.13 feet; thence South 01 deg 10' 14" East for 1301.21 feet to the point of beginning of said tract ofland; thence due NOlih for 0.00 feet to a point of curve; thence along a curve to the right with a central angle of 360 deg 00 ' 00" and a radius of 75.00 feet for 471.24 feet to the point of beginning. A tract of land that is located in the NOliheast Quarter of Section Eighteen (18), Township twenty-one (21) NOlih, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof, said Tract of land being described as follows: Legal Description EXHIBIT' A' City of Ow ass 0 Attn: Juliann Stevens PO Box l80 Owasso, Oklahoma 74055 Commencing at the Northeast Corner of said Section l8; thence S 88 deg 33' 29" W along the NOlih line of said Section 2453.13 feet; thence S 01deg l2' 34" E 1248.18 feet; thence N 88 deg 33' 29" E 23.01 feet to the Point of Beginning; thence Southwesterly 41.46 feet along a curve to the right, having a central angle of 31 deg 40' 19", a radius of 75 feet and a tangent bearing of S29 deg 47' 29" W; thence S 88 deg 33' 29" W 73095 feet; thence Northwesterly 36.95 feet along a curve to the left, having a central angle of 3 deg 59' 42", a radius of 530 feet and a tangent bearing ofN 20 deg 07' 36" W; thence N 88 deg 33' 29" E 107.01 feet to the point of beginning; A tract ofland in the Northeast Quarter (NE/4) of Section 18, Township Twenty-one (21) North, Range Fourteen (l4) East of the Indian Base andJV1eridian, Tulsa County, State of Oklahoma, according to the U. S. Government survey thereof, more particularly described as follows: "Exhibit A" LAKES AT BAILEY RANCH 35' Access Easement BY CITY OF OW ASSO, OKLAHOMA June 2004. and specifications approved by the Foundation. In Witness whereof, the City has caused this Agreement to be executed thi~day of construction activities on the Foundation's property and shall be in accordance with plans The foregoing shall occur in conjunction with the City's water storage tank and waterline 1. As the water line enters the Grantors' property, fire hydrants will be installed along the water line every 600 feet on the center of the water line with a 12" outlet at the hydrant; 2. Along the water line a 12" valve outlet will be installed at a point that is approximately centered between the fire hydrants. The Foundation, or its assigns or successors in interest, will be allowed connection at such installation points. Tap fees normally paid for connection to an Owasso public water line shall be waived for all connections made at such installation points by the Foundation, or its assigns or successors in interest, for Commercial and/or Office Development purposes; 3. Landscape screening will be installed and maintained around the outside of the water tower fence; and, 4. The "Bailey Ranch" logo will appear on the North and South face of the water tower. The Grantor will supply any graphics for the logo. hereby agrees to perform or cause the performance of the following tasks, to-wit: hereto, site together with waterline easements, all as specifically set f01th on Exhibit the Larkin Bailey Foundation ("Foundation") dedicating ~to the City a water storage tank WITNESSTH, the City of Owasso, Oklahoma ("City"), for and in consideration of A G REElVIENT 1. Location Map 2. Maintenance Bond ATTACHMENTS: Staff recommends Council acceptance of the Tyann Commercial Center 12-inch water line relocation. RECOMMENDATION: Final inspection for the water line relocation was conducted on April 2, 2004. All items identified at the final inspection requiring cOlTection to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the water line (see attached). FINAL INSPECTIONS: The subject commercial property is located on East 96th Street NOlih immediately east of U.S. Highway 169 (see attached location map). The improvements included the relocation of 2,015 linear feet of 12-inch PVC water line to accommodate site grading for the Tyann Commercial Center. This project was the second and final phase ofthe relocation of an existing l2-inch water line, and therefore permitting by the Oklahoma Department of Environmental Quality was not required. The Public Works Depmiment reviewed and approved the design and inspected the construction of the water line. BACKGROUND: June 28, 2004 DATE: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ANA STAGG, P.;.~ ~ WORK~TOR ACCEPTANCE OF 12-INCH TY ANN COMlV1ERCIAL CENTER TO: MEMORANDUM Jakque V. Brown Attomey~ln~Fact v~~_ Witness IRA M. GREEN CONSTRUCTION COMTANY ~~{j~~ . res1. ent C/ - NATIONAL FIDELITY INSURANCE COMPANY Witness All suits at law or proceedings in equity to reCOVer on this bond must be instituted within twelve (12) months after th~ expiration of the maintenance period provided for herein. NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of ' on,e yeartlIDite'l:' acceptan,coocause 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 be in full force and effect., AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. Water Line Relocation ~ Commercial Center ~ 'Hwy. 169 & 96th St., Owasso, OK THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the Obligee for ,20 04 SIGNED, SEALED AND DATED THIS 7th,dayof April KNOW ALL MEN BY PRESENTS: IRA M. GREEN CONSTRUCTION COMPANY as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of 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 City of Owasso as Obligee, in the full and just sum of SIXTY SEVEN THOUSAND ONE HUNDRED EIGHTY SIX AND NO/IOO DOLLARS ($' 67, lP6. no ) 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. MAINTENt!.J~CEBOND .s.I.UES.LL...Q 30 "i 332 BOND NO. One Newark Center Newark, New Jersey 07102 (973) 624--7200 0111'<<& !JJondJ O/naa /904 International Fldelilv COMPANY fD INSUR.ANCe Tyann Development "OBLIGEE" "PRINCIPAL" IRA M. GREEN CONSTRUCTION COMPANY ~l &t2c.-~----- BY Attorney-In-Fact "SURETY" INTERNATIONAL FIDELITY INSURANCE COMPANY 20 04. , SINGED, SEALED AND DATED this 7~y of April IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the tenus of the above described bond except as hereinbefore set forth. "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 an. " "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 the Obligees, or any of them, including but not limited to the right to offset any amounts owing to Principal or Surety against the obligations of Surety hereunder. " IT IS FURTHER UNDERSTOOD AND AGREED THAT the above described bond is hereby amended to include the fonowing Dual Obligee clauses: Tyann Development are added as Dual Obligees under the above described bond. AND AGREED HEREBY TO BE ATTACHED TO AND FORM PART OF Performance Bond No. s\.nFSU 03n5332 Dated 4~7~04 , issued by INTERNATIONAL FIDELITY INSURANCE COMPANY , as Surety, on behalf of IRA M. GREEN CONSTRUCTION COHPANY , as Principal, and in favor of CITY OF O\'-lASSO , as Obligee. DUAL OBLIGEE RIDER Assistant Secretary April, 2004 7th day of IN TESTIMONY WHEREOF, I have hereunto set my hand this CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the lWeI' 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 I 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 or' Attorney has not been revoked and is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2005 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. On this 31st day of August 1998, before me came the individual who executed the precedinginstrument, to_~epersonally known, and, being by me duly worn, said the he IS the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to _a!d instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. STATE OF NEW JERSEY County of Essex IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. 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 sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day 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 power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. This Power of Attorney is executed, and may be revoked, pursuant to and by authoIity of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. LJe,~, OKo____ ..__ ~ its true and lawful af:torney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which are or may be allowed, required or pel1l1if:ted by law, statute, rule, regulation, contract or otherwise, and the execution of such inst:rument(s) in plll'suance of these presents, shall be as bindmg upon the said INTERNATfONAL FIDELITY INSURANCE COl\1PANY, 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. CONNIE THUESON, KARLA EDMONDS, JAMES PIRTLE, MICHAEL TEDFORD, GEORGE TEDFORD, IMARK TEDFORD, JACQUE BROWN KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint Tel (91'3)62'4-1200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102.5207 FOR BID BOND/RIDER/CONSENTS/ AFFIDAVITS '" Under the terms of the Lease Agreement between the City and Titan, Titan may time to time assign its interest under the lease upon written approval from the City, such approval not to be unreasonably withheld. Further, under the express terms of the Lease Agreement, the Lessee (Titan), upon approval of an assignment, would be released from obligation to the City. Global Tower Management, LLC has been contacted and consequently the City has been provided with information concerning its corporate structure and position in the telecommunications industry. To that end, it appears from information obtained that Global Tower Management, LLC, and its related companies, have considerable experience in telecommunications site management. Staffs' search disclosed that although the company's holding and operations are more substantial in the On June l5, 2004, the City Council approved an Amendment to Lease Agreement between the City and Titan. A copy of the Memorandum dated June 2,2004 is attached for your convenience. Such Memorandum not only provides the history of the City and Titan relationship, but also foretells of an impending assignment between Titan and Global Tower Management, LLC. Such is the case with the proposed Landlord Consent and Release document presented. Pursuant to direction of the City Manager, there is presented for the Council's consideration a proposed Landlord Consent and Release involving the City of Owasso, (hereinafter referred to as "City"), as Lessor, and Titan Towers, L.P" (hereinafter refened to as "Titan"), as Lessee and Global Tower Management, LLC, Assignee. BACKGROUND: JUNE 17,2004 DATE: CONSIDERATION AND APPROVAL OF ASSIGNMENT OF LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND TITAN TOWERS, L.P" TO GLOBAL TOWER MANAGEMENT, LLC AND AUTHORIZE THE MAYOR TO EXECUTE SUCH FffiST AMENDMENT TO LEASE AGREEMENT SUBJECT: RONALD D. CATES CITY ATTORNEY CITY MEMORANDUM 2 ~ 1. Landlord Consent to Assignment and Release and, 2. Memorandum dated June 2,2004. ATTACHMENTS: It is Staffs' recommendations that the Council approve the Landlord Consent to Assignment and Release as presented and authorize the Mayor to execute such. Please do not hesitate to contact Mr. Ray, Larry White or me with any questions. RECOMMENDATION: Staff would submit that the proposed Landlord Consent and Release is, under the circumstances presented, acceptable. Staff has reviewed the content of the original Lease Agreement as well as the Landlord Consent and Release. Further, Staff has familiarized themselves with Global Tower Management, LLC. It is submitted for the Councils' consideration that it does appear that Global Tower Management, LLC, would be a responsible Lessee and tower site operator. southeastern part of the United States it has numerous operations throughout the country. Research indicates that the number of sites located within the State of Oklahoma and its neighboring states are as follows, Oklahoma-28, Arkansas-l4, Texas-88 and Missouri-95. As regards the release of Titan as is provided under the terms of the Lease Agreement, in discussions with Titan representatives it has been agreed that Titan will only be released from future liability. It will continue to be responsible for past acts. In this regard, there do not appear to be any claims for past acts; however, some unmatured claim could arise. Ovvasso Name: Title: City of Owasso, Oklahoma ATTEST: IN WITNESS WHEREOF, Landlord has executed this Consent to Assignment and Release as of the _day 2004. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound hereby, Landlord hereby consents to (i) the terms and provisions of the Assignment and any assignments by previous lessors, and (ii) the taking and recording of a mOltgage on Global's interest under the Lease, and further hereby releases and forever discharges, as of the date of the Assignment, Assignor of and from any and all obligation, liability, claims, debts, sums of money of any kind or any nature whatsoever, including but not limited to rent, utilities, ta'\:es, repairs and maintenance expenses, which Landlord or its successors and assigns now has or could hereafter have, whether or not now known, anticipated or discovered, against Assignor, its partners, officers, directors, agents, employees, attorneys, successors and assigns, both jointly and severally, arising out of or in any manner connected with Assignor, the Lease or the Premises. WHEREAS, Landlord desires to (i) consent to said assignment and any assignments by previous lessors and release Assignor pursuant to the terms hereof; and (ii) consent to the taking and recording of a mortgage on Global's interest under the Lease. WHEREAS, the Sale 'will be financed by Global pursuant to indebtedness in favor of certain lenders, and such lenders intend to take and record a mortgage on Global's interest under the Lease; WHEREAS, in connection with the Sale, Assignor desires to assign its right, title and interest in the Lease to Global pursuant to that certain Asset Purchase Agreement, dated AprilS, 2004 ('"Assignmenj"); WHEREAS, Assignor intends to sell substantially all of its assets (the "Sale") to Global Tower Management, LLC, a Delaware limited liability company, or one of its affiliates ("Global"); WHEREAS, City of Owasso ("Landlord") and TITAN TOWERS, L.P., a Delaware limited partnership ("Assignor"), are parties to that certain Agreement, dated as of May 16, 2000 (the "Leas~"), wherein Landlord leased to Assignor that certain parcel of land located in Tulsa County, Oklalloma (the "Premises"); LANDLORD CONSENT TO ASSIGNMEN'LAl'LltRELEASE On the 16th of May 2000, the City entered into a Lease Agreement with Titan for the location and placement of a communications tower and ancillary facilities at the Tank Site. A copy of the Lease Agreement is attached for your review. The leased area is approximately 5625 square feet. The Lease Agreement is for a period of twenty (20) years from May l6, 2000, with two (2) additional five (5) year renewal periods. Further, the Lease Agreement provides for, among other things, that the City is allowed three-(3) mounting spaces, i.e., co-locations, on the constructed communications tower at no charge. The real property involved is located at the Water Tank Site on 96th Street North and US Highway 169 (hereinafter referred to as "Tank Site"), Such tract is generally positioned along the north side of US. 169, immediately south of 96th Street North. The Tank Site consists of approximately 1.21 gross acres. It is an irregular shaped, four-sided tract having approximately 287.70 feet of frontage along the north perimeter of US. 169. The north perimeter runs 2l8.49 feet, east to west, and the east perimeter extends 149.66 feet, north to south. The Tank Site is unplatted acreage that contains a water storage tank, a communications tower and minimal other site improvements. Pursuant to direction of the City Manager, there is presented for the Council's consideration a proposed First Amendment to Lease Agreement between the City of Owasso, (hereinafter referred to as "City"), as Lessor, and Titan Towers, L.P., (hereinafter refened to as "Titan"), as Lessee. A copy of the First Amendment to Lease Agreement is attached for your review. BACKGROUND: JUNE 2, 2004 DATE: CONSIDERATION AND APPROVAL OF A FffiST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF OW ASSO AND TITAN TOWERS, L.P" AND AUTHORIZE THE MAYOR TO EXECUTE SUCH FffiST AMENDMENT TO LEASE AGREEMENT SUBJECT: RONALD CATES CITY ATTORNEY CITY COUNCll.JORS THE HONORABLE MAYOR CITY OF OWASSO MEMORANDUM 2 1. First Amendment to Lease Agreement; 2. Lease Agreement dated May 16, 2000; and, 3. Partial Release of Lease, Easements and Right of First Refusal ATTACHMENTS: It is Staffs' recommendation that the City Council approve the First Amendment to Lease Agreement as presented and authorize the Mayor to execute such. Please do not hesitate to contact Mr. Ray, Larry White or me with any questions. RECOMMENDATION: Approval of the proposed First Amendment to Lease Agreement is, under the circumstances presented, appropriate. Staff has reviewed the content of the document as well as the legal descriptions involved, and is of the opinion that such accurately sets forth the agreement reached between the parties. In the spring of2002, the City requested of Titan that it release a portion of the leased premises due to a planned expansion of a parking lot on property adjoining Titan's to the north. Titan agreed to this request. A copy of the Partial R~lease is attached for your review. Consideration for Titan's acquiescence was that the City would provide additional footage to make up the difference, The released area and the revised lease area were surveyed and platted by Crafton, Tull & Associates. Simultaneously with the partial release, a First Amendment was prepared by Titan; however, for reasons unknown by representatives of both, the matter proceeded no further. Now, Titan is understandably requesting the First Amendment to Lease Agreement be executed due to an impending sale of substantially all of its tower assets to Global Tower Management, ATTACHMENT: 1. Ordinance No. 790 2. OZ 04-07 Staff report with no attachments RECOl\tIMENDA nON: Staff recommends Council approval of Ordinance No. 790. Attached is a copy of Ordinance No. 790 that formally adopts the City Council's action of June 2004. BACKGROUND: At the June 15, 2004 meeting, the Owasso City Council approved a rezoning request from Mahar, Tuzzolino and Cleveland for approximately 0.68 acres of property located in the northwest corner of E. 22nd St. and N. Garnett Road in Owasso, OK. The approval changed the zoning from OL to CG. DUANE CUTHBERTSON CITY PLANNER THE HONORABLE MAYOR AND COUNCn. CITYOFOWASSO MEMORANDUM Ronald D. Cates, City Attorney APPROVED AS TO FORM: Susan Kimball, Mayor Sherry Bishop, City Clerk City of Owasso, Oklahoma ATTEST: PASSED AND APPROVED this 6th day of July, 2004. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. be, and the same is hereby zoned from OL (office light intensity district) to CG (commercial general district), THE EAST 165 FEET OF WT ONE (1), BLOCK ONE (1), HERITAGE ADDffiON, AN ADDffiON TO THE CITY OF OW ASSO, TIJLSA COUN1Y, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. CONTAINING APPROXlMATEL Y 0.68 ACRES, Section 1. The zoning classification of the following described property, to wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application 02- 04~07. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04.07 CHANGING TI-IE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF THE NE/4 OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST OF TI-IE INDIAN BASE & MERIDIAN, TIJLSA COUN1Y, STATE OF OKLAHOMA, FROM OL (OFFICE LIGHT INTENSITY DISTRICT) TO CG (COMMERCIAL GENERAL DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OW ASSO ORDINANCE NO. 790 ZONINGIDEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CG (Commercial General District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property such as retail shopping, bakery, offices and salons. The current structure on the property could support many of the type of uses allowed within the requested zoning district. As the property is cunently zoned (OL) only offices or studios are allowable uses in the building. ZONING HISTORY In January, 1994 Lot 1, Block 1 of Heritage Addition was granted a lot split dividing the property into two parcels. Parcel one (the subject property) consists of the east 165' while parcel two consists of the west 150'. The subject property is zoned OL (Office Light Intensity District) and occupied by a mlti- tenant office/retail building. The Faith Lutheran Church is located to the north of the subject property and zoned AG (Agricultural District) in Tulsa County. The Freeman property is immediately to the south, containing multi-use structures including an automotive repair garage and a leasing office and is zoned CG (Commercial General District). The property to the east was recently rezoned to CS (Commercial Shopping District) as part of the Smith Farm Marketplace and the property to the west is occupied by the Brown School and zoned OL (Office Light Intensity District). Proposed Zoning Designation: CG Existing Zoning Designation: OL The applicants are proposing to rezone the subject property to CG (Commercial General District). A general area map, property survey and a complete legal description are attached for your information and review. BACKGROUND The City of Owasso has received a request :from Mahar, Tuzzolino, & Cleveland, applicants/owners, for the approval to rezone approximately 0.68 acres of property consisting of the east 165' of Lot 1, Block 1 of Heritage Addition, located at 9220 N. Garnett Road. JUNE 10, DUANE CUTHBERTSON CITY PLANNER TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO MEMORANDUM If the Commission approves this application it will then require City Council approval. Staff has received no phone calls or conespondence in opposition of the request. Letters were mailed to surrounding property owners and a legal advertisement was published in the Owasso Reporter. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. Due to the properties small size, staff finds no concern with consideration of the multitude of uses allowed in CG districts. Many of the highly intense uses allowed in CG districts, like drive-through restaurants require more space than exists on the cunent site. The request is viewed primarily as an opportunity to expand the type of tenants allowed within the existing structure. The potential tenants would include uses such as a salon. Again, the property is buffered by the OL district to the west from less intense uses like residential. The subject property is primarily accessed via N. Garnett Road which was recently re- prioritized by the City of Owasso to be widened to a five lane major arterial roadway within the next year and a half to accommodate recent and planned commercial developments in the corridor. ANALYSIS The subject property lies within close proximity and is easily accessible to the rapidly developing commercial node of 96th St. N. and u.s. Highway 169. The requested land use designation of CG (Commercial General) is consistent with the sunounding land uses as adjacent property to the south along the entire length ofN. Garnett Road to 86th St. N. are zoned CG and the property to the east was recently rezoned CS. The property to the west is zoned OL (office light) and would provide a bu.ffer between the subject property and residential development further to the west. COMPREHENSIVE PL..t\N CONSISTENCY The subject property is identified in the Owasso 2010 Master Plan as having a designation of commercial/office uses which is consistent with the request to rezone the property to CG (Commercial General District). this since the property is already developed pri!TIary issues such as signage and parking would be addressed during a subsequent occupancy permit check. The occupancy permit is a permit to occupy structure required all tenants inside the city limits. It allows city staff to inspect the to ensure its compliance with the zoning and building codes. 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 propelty? ATTACHMENTS 1. General Area Map. 2. 02-04-07 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOMMENDATION Staff recommends approval of 02-04-07, rezoning approximately 0.68 acres, fi'om (Office Light District) to (Commercial General District). OW ASSO PLANNING COMMISSION At the June 7, 2004 regularly scheduled meeting the Owasso Planning Commission unanimously voted to approve 02 04-07. Letter of Understanding Resolution #2004-13 ATTACHMENTS: Staff recommends approval of Resolution #2004-13, a resolution establishing a deferred compensation plan with Nationwide Retirement Solutions. RECOMMENDATION: The IAFF FrontLine plan is administered by Nationwide Retirement Solutions. Establishing the FrontLine 457 Defened Compensation plan as an option for IAFF members requires Council to pass a resolution adopting the Nationwide Defened Compensation Program. The same resolution will authorize the City Manager to execute agreements and plan documents as necessary for program implementation. COMMENTS: During the 2004-2005 negotiations a letter of understanding was provided to the International Association of Firefighters (IAFF) indicating that the City would allow members of the IAFF the option of participating in the OMRF Thrift supplemental retirement plan or the IAFF FrontLine 457 Defened Compensation plan. Cunently all employees including members of the IAFF are eligible to participate in the OMRF Thrift plan. The Thrift plan is a defined contribution plan with the Oklahoma Municipal Retirement system. The City matches employee's contributions to the Thrift Plan $0.50 on the $1.00 up to 2% of the employee's base wages. According to the letter of understanding members of the IAFF may elect to participate and receive matching contributions for participation in the OMRF Thrift Plan or the FrontLine Defened Compensation plan. There is no increase in cost to the city as a result of offering the IAFF Frontline plan. BACKGROUND: DATE: July 2, 2004 SUBJECT: RESOLUTION #2004-13 NATIONWIDE RETIREMENT SOLUTIONS DEFERRED COMPENSATION PROGRAM MICHELE DEMPSTER HUMAN RESOURCE TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OW ASSO MEMORANDUM T:~O;!;J?' +fr; Assistant City Manager Sincerely, However, in order to set up a payroll deduction the Local IAFF will provide Human Resources with a contact name and number for the Front Line plan, upon final approval of the 2003-2004 contract. The purpose ofthis letter is to establish the understanding that members of the IAFF Local 2789 may choose to participate in the IAFF Front Line plan instead of the OMRF Thrift plan. Members electing to participate in the IAFF Front Line plan will receive the same matching contributions as budgeted for the OMRF Thrift plan (cUlTently $0.50 to each $1.00 contributed, up to 2% of base wages). Dear Mr. Gosvener; Bob Gosvener President Owasso IAFF Local 2789 P.O. Box 510 Owasso, OK 74055 April 2004 (918) 376.1500 FAX (918) 274.3415 www.cityofowasso.com <f'-P'-~-~'\o. %~c~~~~P:-"" k ~~_..._ -\{ 1_0 (,>~ _ .. --;', ,...... ItJ \\'1, ~" ;/, \~\ "; (:'-:, ~,::~~' \' \ 11 \\~~~,!/ i*l \ ",> \'f'.~,~'J/ /; \ \ \'. --~>.! I j \~ '~"1t. "'\;.~;:/ fIt /.'/ ,orN""-~""""" ~ .,...",~~.-P~ 111 North Main PO Box 180 OW<lSSO, OK 14055 City of Ow as so " Nationwide Retirement Solutions, PO Box 182797, Columbus OH 43218.1-877-677-3678. www.nrsforu.com Original- Nationwide Retirement Solutions. Copy - Employer DC-4059-0603 This Court OrderlResolution contains the necessary technical language as to content and substance. If any change is form is necessary in order to comply with applicable Employer requirements, please make such changes. (Signature) Mayor (Title) (Name) Susan Kimball ,2004 July DAY OF 6th PASSED AND ADOPTED THIS The City Manager is hereby authorized to execute fot the Employer, individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the Plan representing the Employer, and to execute such agreements and contracts as are necessary to implement the program. The Employer governing body or representative, meeting in regular scheduled session, this 6 t h day of J u 1 y , 20~, hereby ad.opts the Nationwide Deferred Compensation Program and hereby establishes the (Employer Name) C 1. t Y 0 f Owa.s so Deferred Compensation Plan for the voluntary participation of all eligible employees, elected officials and independent contractors. NOW, THEREFORE THE EMPLOYER GOVERNING BODY ~n N1HIUff';'/WE ,R-KPRl58.EN1'.AATHqj;', DOES HERBY RESOLVE AS FOLLOWS: WHEREAS, Nationwide as Plan Administrator, agrees to hold harmless and indemnifY the Employer, its appointed and elected officers and participating employees fl:om any loss resulting from Employer or its Agent's failure to perform its duties and services pursuant to the Nationwide Program; WIIEREAS, by adoption of the Nationwide Program, all regulatory, operational, administrative and fiduci31Y responsibilities are hereby assumed by Nationwide on behalf of the Employer. WHEREAS, the Employer has established a Master Deferred Compensation program for its employees, permitting its employees to enjoy the advantages ofthis Program; and WHEREAS, such benefits will act as incentives to employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their retirement and Social Security (if applicable); and WHEREAS, certain tax benefits could accrue to employees, elected officials, and independent contractors participating in said Deferred Compensation Plans; and WHEREAS, The Employer has considered the establishment of a Deferred Compensation Plan to be made available to all eligible employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code permitting such Plans; and IN THE MATTER OF' ESTABLISHING A DEFERRED COMPENSATION PIAN FOR THE EMPLOYER: 6th on the In the among other proceedings, were had, viz: , the following 04 STATE Nationwide Retirement Solutions ("Nationwide") Deferred Compensation Program Resolution Number 2004~13 Specimen Copy of OrderIResolution