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Home My WebLink About2004.07.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 20, 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, July 16, 2004. 0 /Juliann M. Stevens, Administrative Assistant 1. Call to Order Mayor Kimball 2. Invocation Reverend William Diekelman, Faith Lutheran Church 3. Flag Salute 4. Roll Call li:\AgendaS\COLIIICil\2004\072004 doc Owasso City Council July 20, 2004 Page 2 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the July 6, 2004 Regular Meeting, the June 29, 2004 Joint Meeting of City Council and Planning Commission, and the July 13, 2004 Special meeting. Attachment # 5 -A B. Approval of Claims. Attachment # 5A13 C. Action relating to Council authorization to give notice, equalization, and levy of assessments against properties within the 'Tulsa County Sewer Improvement District No. 6 (Pleasant View Estates Addition) sufficient to pay the interest, principal, and reserve due on the outstanding indebtedness represented by the District Bonds. Attachment # 5 -C 6. Consideration and Appropriate action relating to a request for a hearing before the City Council of a Code Enforcement Officer's finding of a nuisance. Mr. Wiles Attachment #6 Mr. Kenneth W. Poston of POMAC's Convenience Store, located at 9600 North Garnett Road, has requested the opportunity to appeal a finding by a Code Enforcement Officer that a vehicle located on his property constitutes a nuisance. Mr. Poston will appear to show cause as to why a nuisance should not be declared. The staff will recommend the Council determine a nuisance exists on the property and order abatement of such nuisance. H: \Agendas \Couuc i 1\2004107 3004. doc Owasso City Council July 20, 2004 Page 3 7. Consideration and appropriate action relating to a request for Council confirmation of nominations by the Mayor to various Boards and Commissions. Mayor Kimball Attachment #i Mayor Kimball will present nominations for appointments to -various Boards and Commissions and will ask for Council confirmation of those appointments. €1. Consideration and appropriate action relating to a request for City Council confirmation of a nomination by the Mayor to the position of Trustee of the Owasso Economic Development Authority. Mayor Kimball Mayor Kimball will present a nomination for the position of Trustee to the Owasso Economic Development Authority and will ask for Council confirmation of that appointment. 9. Consideration and appropriate action relating to a request for Council designation of a City Council representative to the Owasso Economic Development Authority. Mayor Kimball The Owasso City Council may designate one of its members as a Trustee of the Owasso Economic Development Authority. Mayor Kimball will present a nomination for the designation and will request Council confirmation of that nomination. 11 \'Agendas \Council \2004 \072004.doc Owasso City Council July 20, 2004 Page 4 10. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 04-08, from the First Freewill Baptist Church. Mr. Cuthbertson Attachment # 10 Staff will recommend Council approve rezoning request OZ 04-08 of approximately 42 acres, more or less, from AG (Agricultural District) to RM-2 (Residential Multi-Family District) and OM (Office Medium Intensity District). The subject property is located in the -northwest comer of East 106"' Street North and U.S. Highway 169. 11. Consideration and appropriate action relating to a request for Council acceptance of a final plat from Preston Lakes Development Group, LLC. Mr. Cuthbertson Attachment # 11 Staff will recommend Council accept the Preston Lakes III Final Plat from the Preston Lakes Development Group, LLC. The subject property contains approximately 19.97 acres, more or less, and is located %z mile south of E. _96"'_ Street North, '/4 west of N. 161't East Avenue. 12. Consideration and appropriate action relating to a request for Council approval of a contract relating to real estate acquisition for the E. 86th Street North and N. Mingo Road Intersection Improvement Project. Mr. Cates Attachment # 12 Staff will recommend Council approve a contract to acquire permanent right of way and a temporary construction easement from Ronald and Gwendolyn Ogan in the amount of $135,000.00 plus construction site activities, authorize the Mayor to execute all related documents, and authorize the payment as specified in the contract. H:\Agendas \C0UIICI 1\ 1-004\0 7 2 004, doc Owasso City Council July 20, 2004 Page 5 13. Consideration and appropriate action relating to a request for Council approval of a contract for the East 96`h Street North and U.S. Highway 169 Interchange Improvement Project, lbs. Stagg Attachment #13 Staff will recommend Council award the contract for the construction of East 96th Street North & US Highway 169 interchange improvements to Becco Contractors, Inc. of Tulsa, Oklahoma in the total amount of $ 1,183.11176. 14. Report ft°om City Manager. 15. Report from City attorney. 16. Report fiom City Councilors. H: AAgendasVCoun61A2004V072004A.. M, OWASSO CITY COUNCIL AND OWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Tuesday, June 299 2004 The Owasso City Council and Owasso Planning Commission met in a special meeting on Tuesday, June 29, 2004 in the Old Central Building, 109 N Birch, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, June 18, 2004. ITEM 1: CALL TOO ER — CITY COUNCIL Chairman Haynes called the meeting to order at 6:39 PM. - PRESENT ABSENT Ray Haynes, Chairman Kevin Vanover Marilyn Hinkle, Vice Chairperson Dale Prevett Duane Coppick Discussion was conducted between members of staff, the Planning Commission, and the City Council regarding development and growth issues in Owasso. No action was taken. Members of both the Planning Commission and City Council discussed the benefits of the meeting and that a future meeting of both groups should be scheduled in about 3-4 months. Chairman Haynes moved to adjourn the Planning Commission meeting, seconded by Vice Chairperson Hinkle. The motion carried and the meeting was adjourned at 8:45 PM. Owasso City Council June 299 2004 Councilor Cataudella moved to adjourn the City Council meeting, seconded by Councilor Cochran. The motion carried and the meeting was adjourned at 8:45 PA Susan kimball9 Mayor Ray Haynes, Chairman 1) OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 6, 2004 The Owasso City Council met in regular session on Tuesday, July 6, 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, July 2, 2004. ITEM 1. CALL TOO ER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Elijah Nagbe, Associate Pastor of First United Methodist Church. City Councilor Brent Colgan led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Gary Cochran, Councilor Brent Colgan, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF ALERTNESS Chief of Police Dan Yancey presented 'Alertness', the character trait of the month for July, 2004. ITEM 6. EMPLOYEE OF THE MONTH Mr. Ray introduced Linda McLaughlin, Public Works' Administrative Assistant, as the employee of the month for July, 2004. A. Approval of Minutes of the June 15, 2004 Regular Meeting. B. Approval of Claims. C. Action relating to Council approval and authorization of Mayor to accept a Warrant Deed dated June 28, 2004 from the Larkin Bailey Foundation for the East 106th Street North and North Garnett Road Water Tank Site and Right of Way and to execute all related documents. 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 East 96th Street North immediately east of US Highway 169. E. Action relating to Council approval of the "Landlord Consent to Assignment and Release99 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. 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 22"d Street and North Garnett, and repealing all ordinances or parts of ordinances in conflict herewith. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $407,686.89, and payroll claims totaling $282,846.069 and Council approval for Items 7- C, 7 -1), 7 -E and 7 ®F, as stated above. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF RESOLUTION #2004 -13, A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN WITH NATIONWIDE RETIREMENT SOLUTIONS. Ms. McCall presented the item. Mr. Cochran moved, seconded by Mr. Thoendel, for Council approval of Resolution #2004 -13, a resolution establishing a deferred compensation plan with Nationwide Retirement Solutions as an investment option for International Association of Firefighters (IAFF) members. N Owasso City Council YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. ITEM 9. REPORT FROM CITY MANAGER Em ITEM 10. REPORT FROM CITY ATTORNEY em ITEM 11. REPORT FROM CITY COUNCILORS July 6, 2004 The councilors voiced their approval of the City's Fireworks Display, Mr. Cochran commended the Owasso Police Department on their success in apprehending the armed robbery suspect. ITEM 12. NEW BUSINESS ITEM 13. ADJOURNMENT Mr. Cochran moved, seconded by Mr. Cataudella, to adjourn. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0 and the meeting was adjourned at 6:55 p.m. Pat Fry, Minute Clerk I Susan Kimball, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, July 13, 2004 The Owasso City Council met in a special meeting on Tuesday, July 13, 2004 in the Lower Level Conference Room at Owasso City Hall, 1 1 1 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 PM on Friday, July 9, 2004. ITEM L CALL TO ORDER. Mayor Kimball called the meeting to order at 6: 10 PM. A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT ITEMS A. REZONING (1) B. FINAL PLATS (2) C. CODE ENFORCEMENT D. LEGISLATIVE CONSORTIUM Mr. Cuthbertson and Mr. Wiles addressed the items. It was explained that the rezoning item, one plat, and the code enforcement item would be forwarded to the City Council for action at their July 20, 2004 regular meeting. ITEM 3: DISCUSSION RELATING TO PUBLIC WORKS ITEMS Ms. Stagg presented the items. There were no questions. It was explained that the water meter contract would be placed on the July 20, 2004 OPWA agenda for action and that the EPA Vulnerability Assessment was an information only item. Owasso City Council ITEM 4: CITY MANAGER ITEMS July 13, 2004 Mr. Ray presented the items and discussion was conducted. No action on any of the above items was taken. Councilor Thoendel moved to adjourn the meeting, seconded by Councilor Cochran. The motion carried and the meeting was adjourned at 9:35 PM. Susan Kimball, Mayor 10 CITY OF OWASSO VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH OFFICE SUPPLIES 22.99 MUNICIPAL COURT DEPT TOTAL 22.99 -22.99 ROONEY, TIMOTHY D. TUITION REIMBURSEMENT 354.00 TREASURER PETTY CASH CITY MGR EXPENSES 116.34 TREASURER PETTY CASH CITY MGR EXPENSES 298.42 OFFICE DEPOT OFFICE SUPPLIES 84.20 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 6.64 FUELMAN FUEL 99.30 TREASURER PETTY CASH MILEAGE- BOUTWELL 85.68 TREASURER PETTY CASH MEETING EXPENSE 271.94 TREASURER PETTY CASH MEETING EXPENSE 84.62 TREASURER PETTY CASH EMP RECOGNITION 25.00 JERRY WOODS WELDING WELDING REPAIRS 385.00 A N Z SIGNS BANNERS 150.00 MANAGERIAL DEPT TOTAL _ _7,961.14 TREASURER PETTY CASH MILEAGE-BISHOP 43.74 OK MUNICIPAL LEAGUE CERTIFICATION FEE 50.00 FINANCE DEPT TOTAL. 93.74 TREASURER PETTY CASH OFFICE SUPPLIES 33.89 COMMUNITY CARE EAP EAP PROGRAM 528.00 TREASURER PETTY CASH NOTARY FEE -- 20.00 HUMAN RESOURCES DEPT TOTAL 581,59 OFFICE DEPOT OFFICE SUPPLIES 5.69 OK MUNICIPAL LEAGUE HANDBOOK 30.00 OK MUNICIPAL LEAGUE OC & T SUBSCRIPTION 15.00 EXECUTIVE COFFEE SERVICES SUPPLIES 52.19 CINTAS CORPORATION MAT SERVICES 28.90 WAL -MART COMMUNITY MAINT SUPPLIES 5.88 AMERICAN WASTE CONTROL REFUSE SERVICE 114.00 PITNEY BOWES ANNUAL EQUIP MAINT 289.00 NEIGHBOR NEWSPAPER LEGAL NOTICES 18.70 NEIGHBOR NEWSPAPER LEGAL NOTICES 440.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 75.64 DAILY AND SUNDAY OKLA CLASSIFIED EMPLOYMENT ADS 70.43 SOUTHWESTERN BELL PHONE USE 937.15 RESERVE ACCOUNT POSTAGE 2,000.00 TREASURER PETTY CASH CREDIT CHECK 5.50 INTEGRITY FOCUS CONSULTING 875.00 CHARACTER FIRST! MONTHLY BULLETINS 401.81 TULSA COUNTY CLERK FILING FEES 253.00 OK MUNICIPAL LEAGUE ANNUAL SERVICE FEE 17,259.91 FALCON AUDIO WIRELESS MICROPHONE 885.00 LOWES COMPANIES TIMMY/CINDY CONCRETE PAD 29.48 GENERAL GOVERNMENT DEPT TOTAL 23,792.28 RJELMA NATIONAL POWER WASH DESCRIPTION AMOUNT OFFICE SUPPLIES 4.62 VEH/CLEMAINT 54.02 FUEL 287.04 ABATEMENT MOWING 125.00 DIAL UPSERVICE 40.00 L|CENSERENEVN\LMCC(}RD 70.00 INSPECTORS LICENSE 70.00 COMMUNITY DEVELOPMENT DEPT TOTAL ------- FUEL 129.14 VEHICLE WASHING 15.00 ENGINEERING DEPT TOTAL ��--�44.14 REPAR/MANTSUPPLIES 9.98 OFFICE SUPPLIES 38.05 REPAIR PARTS 418.49 FUEL 242.82 REPA|FVMA|NTSERV|CE 211.28 CONSULTATION 132.50 FUEL 220.02 WORKER PROGRAM 191.90 PHONE USE 51.37 OFFICE SUPPLIES 58.05 SUPPORT SERVICES DEPT TOTAL 150.00 TONER CARTRIDGES 04.95 PRINTING - 40.00 EQUIPMENT 122.00 AMMUNITION 58/48 KEYS FOR VAN 10.53 CANINE FOOD 32.99 KEYS/RANGE5UPPL|ES 11.62 UN|FORM/EDU)P-CHAK88LEOS 982.35 VEH|CLEMA|NT 3.838.00 FUEL 3.713.73 MONTHLY RETAINER 150.00 LAMINATION SERVICES 8.17 VEH|CLEMA|NT 558.91 UNIFORM CLEANING 1.578.92 PHONE USE-YANCEY 98.49 PHONE USE 190.26 PHONE USE 937.14 TRA|N|NG4/|NGON 70.00 PARK|N{/RANGESUPPL|EG 34.28 TRAINING-YANCEY 70.00 LODGING-DAVIS 195.00 POLICE DEPT TOTAL 12,768.78 TONER CARTRIDGES 412.69 PRISONER MEALS 368.47 ALTUS BEST WESTERN TREASURER PETTY CASH DESCRIPTION AMOUM LODG{ ENKO 160.00 POLICE COMMUNICATIONS DEPT TOTAL 9-41.16 SHELTER SUPPLIES 36.25 SHELTER SUPPLIES 88.98 SHELTER SUPPLIES 35.90 SHELTER SUPPLIES 3025 FUEL 71.57 EUTHANASIA/VETSERV|CES 217.99 EUTHANASIA SERVICES 88.00 ANIMAL CONTROL DEPT TOTAL 180.00 OFFICE SUPPLIES 33.24 JANITORIAL SUPPLIES 13848 UNIFORM RENTAL 387.30 REPLACEMENT BULB 70.15 REPAIR SUPPLIES 153.06 VEH|CLEMA|NT 176.94 FUEL 1.250.17 DOOR HANDLE REPAIR 180.00 WEED EATER REPAIR/PARTS 21834 GYM/EOU|PNYENTUSE 90.00 CONFERENCE-FISHER 55.00 FIRE DEPT TOTAL 20.00 MEETING EXPENSE 4510 EMERGENCY PREPAREDNESS DEPT TOTAL _ 45.00 SAND 140.58 REPNR/MA|NTSUPPUES 374.80 K8A|0TSUPPUES 33.79 CONCRETE FOR STORM DRAIN 258.00 SCREENINGS/WASH ROCK 510.52 VEH|CLEKXA|NT 400.03 FUEL 729.10 STREET LIGHTING 4.120.95 STREET SWEEPING 750.00 VEHICLE WASHING 20.00 TRAFFIC CONTROL MA|NT 1.935.00 RIDING MOWER 1.499.99 STREETS DEPT TOTAL MAUNT8UPPUES 20.09 MA|NTSUPPL|E8 1.39 UNIFORM CLEANING 39.96 REIMBURSE-BOOTS/WORK CLOTHES 132.85 VEH|CLEMA|NT 6.24 ART |N THE PARK 30D8 FUEL 438.38 ELM CREEK/RAYOLA PARK MOWING 1.200.00 KdCCARTY&'ETERANS PARK K8DVV|NG8 900.00 VENDOR DESCRIPTION AMOUNT JERRY TUCKER ATOR PARK MOWING 432.00 JB STIGALL CENTENNIAL PARK MOWING 372.00 HAYES, LAUREN RESTROOM CLEANING 225.00 TREASURER PETTY CASH ART IN THE PARK 17.04 PARKS DEPT TOTAL - 3,905,63 FUELMAN FUEL 94.41 ACCURATE FIRE EQUIPMENT SYSTEM CHECK 79.00 COMMUNITY CENTER DEPT TOTAL - -_ 173.41 EMTEC PEST CONTROL PEST CONTROL 200.00 OKLAHOMA MUSEUMS ASSOCIATION MEMBERSHIP RENEWAL 35.00 TREASURER PETTY CASH MEMBERSHIP FEE 5.00 HISTORICAL MUSEUM TOTAL 240.00 FUELMAN FUEL 56.47 TRIAD PRINTING PRINTING 66.00 TREASURER PETTY CASH MEETING EXPENSE 26.70 ECONOMIC DEVELOPMENT DEPT TOTAL 149.17 GENERAL FUND TOTAL 61,214.31 UNITED HEALTHCARE INS CO REFUND #5746 & 5677 156.39 MEDICAL COMPLIANCE SPECIALITY INC BIO -WASTE DISPOSAL 79.00 MEDTRONIC PHYSIO- CONTROL AMBULANCE SUPPLIES 857.38 PACE PRODUCTS OF TULSA INC AMBULANCE SUPPLIES 158.00 - AMBULANCE SERVICE FUND TOTAL 1,250,77 TOTAL RADIO INC MAINT CONTRACT 675.00 E ®911 FUND TOTAL 675.00 HARRIS COMPUTER SYSTEMS TRANSITION SUPPORT 7,500.00 CAPITAL IMPROVEMENTS FUND TOTAL 7,500.00 OFFICE DEPOT INC OFFICE SUPPLIES 75.49 WAL -MART COMMUNITY 2004 PUBLICATIONS 63.88 OKLAHOMA LIGHTING DISTRIBUTORS INC BALLASTS 103.80 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 7.29 FUELMAN FUEL 38.51 LENOX WRECKER SERVICE INC TOWING CHARGE 155.00 TRUCK PRO INC MIRROR 23.89 ENLOW TRACTOR INC BATWING PARTS 105.67 FORD OF TULSA REPAIR PARTS 24.06 DRIVE TRAIN SPECIALISTS LIGHTS 54.36 ALLIED BEARINGS BEARINGS 50.48 TULSA AUTO SPRING CO REPAIR PARTS 1,447.94 CITY GARAGE FUND TOTAL 2,150.37 OK TAX COMMISSION SPECIAL TAX UNIT INJURY TRUST FUND 2,249.44 CHOICE RX, INC R05074 70.14 VENDOR DESCRIPTION AMOUNT CHOICE RX, INC 804074 65.97 POWERS RADIOLOGY J06172 105.92 REGIONAL MEDICAL LAB K09073 143.65 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, Arry TTD PAYMENT'S 269.08 JAMPETRO, TAMARA C/O CRAIG ARMSTRONG, AT`°i"Y TTD PAYMENTS 269.08 TOM O'SRIEN SETTLEMENT 5,808.00 Olt TAX COMMISSION SPECIAL TAX UNIT 007163 159.72 Olt TAX COMMISSION SPECIAL TAX UNIT 011213 199.65 CLEVELAND, MARK SETTLEMENT #045 - 2003-1 -0002 7,260.0_0 WORKERS COMP FUND TOTAL � 16,600.65 GRAND TOTAL 89,391,10 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING GATE 7/10/2004 Department Overtime Expenses Total Expenses Municipal, Court 0.00 3,180.33 Managerial 0.00 14,616.95 Finance 45.75 11,681.49 Human Resourses 0.00 6,368.33 Community Development 0.00 12,168.71 Engineering 0.00 13,714.92 Inforrhatinrt- Syste' r s C} 00 4,391,25 Support Services 0.00 6,166.43 Peal i`e 2280;.49 79, 86,25 Central Dispatch 153.08 6,239.59 Animal , niri l ,736.61 . Fire 822.62 60,540.79 Erd6 -geri y Preparedness O.QQ : 1,762.42 Streets 190.85 7,779.81 Starrnwat� ROW faint. 74.88 5;322.17 Park Maintenance 0.00 7,513.21 Corrimuriity Se "nior tenter 0.00 4;413.49 _ Historical Museum - 0.00 2,419.43 �con q e opment f}:00 3,352.28 General Fund Tata1 ��$3,635.59 $254f059,96 Ambulance Fund Fond Total $1:9605,-- $11:411.05 ,_- Worker's Comp Self-insurance Fund Fund Total $215.40 TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM® SHERRY BISHOP FINANCE DIRECTOR SUBJECT: ASSESSMENT OF SEWER IMPROVEMENTS DISTRICT DATE® July 14, 2004 In 1995, homeowners in the Pleasant View Estates Addition approached staff concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition is outside the current City limits, but collection lines were designed in conformance with established city criteria. The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. On February 18, 1997, Council agreed to accept, operate and maintain the system - contingent upon the vote of the District. In March 1997, the District held an election to consider the transfer and conveyance of the sewer system to the city. The District agreed to the consolidation. The "Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System" was approved by Council on April 21, 1998. That agreement provided that the City would: 1. Accept the sewer system and consolidate the District with the City, and 2. Collect a reimbursement from properties subsequently connected to the system that utilize excess capacity. Reimbursements to be calculated in the amount of $1,338.58 per acre and be applied solely to amortization and satisfaction of the bonded indebtedness. 3. Give notice, equalization and levy of assessments for satisfaction of bonded indebtedness, 's " k On August 6, 1998, the District transferred all assets of the District, to the City of Owasso. The amount received from the District paid the first payments of bonds and interest, which were due November 1, 1998. Each year, the City Council authorizes the assessment of the consolidated Sewer District for each property owner. The last assessment paid the interest due on May 1, 2004 and will pay for the bonds and interest payment on November 1, 2004. MR. Staff recommends Council authorize notice, equalization and levy of assessments against properties within the Tulsa County Sewer Improvement District #6 sufficient to pay the interest, principal and reserve due on the outstanding indebtedness represented by the District Bonds, Notice of Assessment Amortization Schedule for Payment of Bonds and Interest 10" uity of Owasso 111 North Main PO Box 180 Owasso, OK 74055 k �� \�� July 21, 2004 TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 (Consolidated with the City of Owasso) 111 N. Main Owasso, Oklahoma 74055 The Board of Directors has levied the following annual assessments on your property, according to Oklahoma law: M= M11 Enclosed is an amortization schedule, showing the accrual of interest on the bonds an# the schedule for the payment of principal and interest. SHERRY BISHOP Finance Director City of Owasso for the Consolidated Tulsa County Sewer Improvement District No. 6 -AVT EM T DISTRICT AMORTIZATION SCHEDULE OF BONDS The above amortization schedule is subject to change contingent upon the development of Johnson properties north of 96th St. N. If developed, developers will reimburse the District at a rate of $1,338.50 per acre. Any reimbursments will be applied to the payoff of the bonds. Note: $27,000 was received for Johnson properties and applied toward bond payoff May 2001. Payment Principal Bond Due date Balance Gall Principal Interest iota) Payment 1998 Assessment 11/01/98 05/01/99 97,000.00 92,000.00 #3-5 3,000.00 15,000.00 18,000.00 11/01/99 92,000.00 #6 -10 5,000.00 2,910.00 7,910.00 1999 Assessment 05/01/00 92,000.00 0.00 2,760.00 2,760.00 11/01/00 87,000.00 #1115 0.00 5,000.00 2,760.00 2,760.00 2,760.00 2000 Assessment 05/01/01 55,000.00 #16-47 32,000.00 2,610.00 7,760.00 34,610.00 2001 Assessment 11/01/01 05/01/02 55, 000.00 55,000.00 0.00 1,650.00 1,650.00 11/01/02 47,000.00 #48 -55 0.00 8,000.00 1,650.00 1,650.00 1,650.00 2002 Assessment 05/01/03 42,000.00 #56 -60 5,000.00 1,410.00 9,650.00 2003 Assessment 11/01/03 05/01/04 42,000.00 0.00 1,260.00 6,410.00 1,260.00 11/01/04 42,000.00 37,000.00 #61 -65 0.00 5,000.00 1,260.00 1,260.00 2004 Assessment 05/01/05 32,000.00 #66.70 5,000.00 1,260.00 1,110.00 6,260.00 2005 Assessment 11/01/05 05/01/06 32,000.00 0.00 960.00 6,110,00 960.00 11/01/06 32,000.00 27,000.00 #71 -75 0.00 5,000.00 960.00 960.00 2006 Assessment 05/01/07 22,000.00 #76 -80 5,000.00 960.00 810.00 5,960.00 2007 Assessment 11/01/07 05/01/08 22,000.00 0.00 660.00 5,810.00 660.00 11/01/08 22,000.00 17,000.00 #81-85 0.00 5,000.00 660.00 660.00 2008 Assessment 05/01/09 12,000.00 #86 -90 = 5,000.00 660.00 510.00 5,660.00 2009 Assessment 11/01/09 05/01/10 12,000.00 0.00 360.00 5,510.00 360.00 11/01/10 12,000.00 7,000.00 #81-95 0.00 5,000.00 360.00 360.00 2010 Assessment 05/01/11 2,000.00 #96 -100 5,000.00 360.00 5,360.00 11/01/11 2,000.00 0.00 210.00 5,210.00 2011 Assessment 05/01/12 2,000.00 60.00 60.00 11/01/12 0.00 #101102 0.00 2,000.00 60.00 60.00 60.00 2,060.00 Total Payments 100,000.00 47,700.00 147,700.00 The above amortization schedule is subject to change contingent upon the development of Johnson properties north of 96th St. N. If developed, developers will reimburse the District at a rate of $1,338.50 per acre. Any reimbursments will be applied to the payoff of the bonds. Note: $27,000 was received for Johnson properties and applied toward bond payoff May 2001. M 1 £� r 011 U11 TO: MEMBERS OF THE CITY COUNCIL CITY OF OWASSO FROM: ERIC WHES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT. AN APPEAL TO THE ciTy COUNCIL OF A CODE ENFORCEMENT FI"ING DATE- July 79 2004 C Mr. Kenneth W. Poston, property owner of a commercial lot located at the northwest comer of East 96 1h Street North and Garnett Road, has submitted a written appeal of a Code Enforcement finding of nuisance on his property to the Owasso City Council. Specifically, the property's address is 9600 North Garnett, and the property contains a convenience store — POMACs. RJNE 27, 2002 PAGE 2 The staff recommends the City Council determine that the inoperable recreational vehicle constitutes a nuisance, and also order the nuisance to be abated from 9600 North Garnett Road. M 1. Chapter 4 of the Owasso Code 2. Correspondence from Mr. Poston dated July 1, 2004 Health and Sanitation i � 1 Section 8 -401 Definitions, Section 8-402 Abandoned, wrecked autos prohibited. Section 8-403 Nuisance. Section 8404 Immediate removal of vehicle obstructing traffic. Section 8 -405 Removal of dismantled, junked, abandoned or inoperable vehicles from public property. Q Section 8 -406 Removal of dismantled, junked, abandoned or inoperable vehicles located on private property. Section 8401 Owner may regain. Section 8-408 penalty, following The definitions shall apply in the interpretation r o.. r, of this chapter-, frames, "Dismantled, junked, abandoned or inoperable vehicles" shall be deemed and means to include the major pads thereof including bodies, an engine, transmissions, : old tires, wheels and 2e "Person" means any person, firm, partnership, association, corporation, company or organization of any kind; 3< "Private property" means any real property in the'city which is not public property; No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated, for a period exceeding forty -eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored, Health and Sanitation SECTION 8-403 NEMAN—CM. SE—CDON 8-404 A. If a police officer of the city or the code enforcement officer of the city, has reasonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00), the procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable. (Ord. No. 375, 11/3/87) SEMIMN 8-405 REMOVAL QE—DISMANTLED, JUNKEU_ABANDONED OR INDLERAaLE VEHICLES FROM_J!UBLLC_pRQgEg= A. Any police officer of the city • code enforcement officer • the city, shall have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon any portion of the highway, shoulder, right-of-way, or other public property, if after a period ul rorty-eight (48) hours from the time • posting •,n • . on the vehicle directing removal • same, there �s no evidence of an apparent owner who intends to remove same. B. The notice provided for above shall be in writing and contain the request for removal within the time specified in this chapter, to-wit, forty-eight (48) hours. The notice shall advise that upon a failure to comply with the notice to remove, the city, or its designee, will undertake such removal with the cost of the removal to be levied against the owner of the property. Such notice shall further provide that the owner or such owner's authorized representative, may, within the time specified in the notice, contact the city manager of the city, for the purposes of challenging whether or not such vehicle constitutes a nuisance, as defined herein and whether same should be removed. If the vehicle has not been removed within the forty-eight (48) hour period provided for in the notice, or a hearing, as above provided for with the city manager, is not requested 40 within such time, the vehicle shall at the expiration of the forty-eight (48) hour period be removed, inipotinded and stored for violation of this chapter. Subsequent to such removal, the code enforcement officer shall give Page 8-28 Health and Sanitation notice to the owner of the location where the vehicle is stored and the cost incurred by the city for the removal; whereupon, the vehicle shall be re-delivered to the owner, or sold, under the conditions as provided for in Section 8 -407. (Ord. No. 375, 11/3/87) 5_E-:Q QN 8 -400 INDPFR BLE A. Any police officer of the city or code enforcement officer of the city, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the city , 5. If the city council determines a nuisance exists and if the city council orders an abatement after the hearing provided herein, the same shall be removed by the city at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the city shall allow the owner or person having control thereof seventy -two (72) hours after such order within which to abate the nuisance. C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to request a hearing within the time provided as provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have the right to abate the nuisance forthwith without further notice or time being given. D. if such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the hearing, then such owner, lessee or person having control of the property shall abate same within seventy -two (72) hours of the ruling. Health and Sanitation E. The city manager, if same is not abated within seventy -two (72) hours of the order of abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located in the manner as provided for in Section 8 -407. SELT10NT 8m40i OWNERMAYREG AIN. The owner of any vehicle so removed may regain possession thereof by making application to the code enforcement officer, within thirty (30) days after removal and upon payment to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner. After payment of towing and storage costs, all funds remaining shall become the property of the city. SECUON ®408 EENALML Any person, firm or corporation violating any of the provisions of this chapter shall, be punished !. .B': 0�r of - - Page: 8-30 As y. r .rte VOT 6-1 MN TO: HONORABLE MAYOR AND CITY COUNCIL #U RI SUBJECT- APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: JULY 149 2004 Pursuant to authority contained in Article 2, Section 2-4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to-recommend for Council confirmation the following appointments to the positions as indicated: INCOG BOARD OF DIRECTORS Vice Mayor Craig Thoendel Rodney Ray, City Manager (alternate) LEGISLATIVE CONSORTIUM Eric Wiles, Community Development Director Rodney Ray, City Manager (alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY Sherry Bishop, Finance Director Ana Stagg, Public Works Director INCOG ENVIRONMENTAL POLICY COMMITTEE Ana Stagg, Public Works Director July 9, 2004 Appointments to Various Boards and Committees Page 2 of 3 Ana Stagg, Public Works Director Joe Nurre, Public Works Civil Engineer (alternate) 0 TRANSPORTATION POLICY COMMITTEE Mayor Susan Kimball Ana Stagg, Public Works Director (alternate) Mary Ann Alexander, Citizen CAPITAL IMPROVEMENTS COMMITTEE Mayor Susan Kimball (City Council) Councilor Gary Cochran (City Council) Ray Haynes (Planning Commission) Tom Kimball (OEDA Representative) Frank Enzbrenner (Banking Representative) Trish Houser (Chamber Representative) Dale Pride (Citizen) Mike Ames (Citizen) Craig Wallace (Citizen) Larry Siegrist (Citizen) Sherry Bishop, Finance Director Lonny Fisher, Fire Chief Dan Yancey, Police Chief July 9, 2004 Appointments to Various Boards and Committees Page 3 of 3 RE, N- I recommend Council confinnation of the above appointments, au TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — OZ Od-08 FIRST FREE WILL BAPTIST CHURCH DATE: J-ULY 1. 3, 2004 The church would like to utilize HUD (U.S. Department of Housing and Urban Development) funding for the development of senior care housing. To secure those funds the proper ground work must be in place, including the appropriate zoning district. Th-4 request is specified as follows: The property is located in the northwest comer of East 106 th Street North and U.S. Highway 169. ♦ general area map is attached for your review. A church and privam school currently occupy the site. The property to the north is vacant. The property to the south and west contain primarily rural residential uses. U.S. Highway 169 occupies the subject property's eastern boundary. The property is currently zoned AG (Agricultural District). The property was recently annexed into the City of Owasso and as a matter of policy properties are annexed in at the lowest land use classification of AG. The subject property is surrounded by AG (Agricultural District) — Tulsa County on all sides except for Hwy 169 to the east. HISTORY In March, 2004 the Owasso City Council voted unanimously to annex the subject property with no comments • concerns • record. The site is already occupied by a significantly sized church facility. The rezoning of the 35 acre parcel to OM would provide the proper zoning designation for the current use and allow for normal expansion. The seven (7) acre parcel of property identified for the requested RM-2 designation is situated along E. 106th St. N. west of the existing church. The arterial could provide adequate primary access to and from the site. The RM-2 designation has the aty to provide a transition to a lesser adjacent future use north and/or west and can also fit compatibly along an arterial, as is the case in other parts of the city. Staff has received no phone calls or correspondence from-the public in regards to the request. Letters were mailed to surrounding property owners on June 14, 2004 and the legal advertisement was published in the Owasso Reporter on June 17, 2004. Copies of both the letter to property owners and the legal advertisement are attached for your inform PLANNING COMMISSION At the regularly scheduled July 12, 2004 meeting, the Owasso Planning Commission unanimously recommended approval of the OZ 04-08. RECOMMENDATION Staff recommends approval of OZ-04-08, thus rezoning approximately 42 acres, from AG (Agricultural District) to a combination of ®2 and OM (Residential Multi-Family District and Office Medium Intensity District). s� fi 0 U] E REZONING APPLICATION Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0® 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres- 150 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE_ -1/We4 FEE RECEIPT NUMBER APPROVED DENfED * h ro eaaa•aa° w saga' N 1'7J'20 ° W LEGAL DESCRIPTION LOT ONE (1), BLOCK ONE (1), OWASSO FRE[OiLII. BAPTIST CHURCH, A SUB OMSION IN TAE SOUTHEAST gUARTER OP THE 30UTHAH3T QUARTER (SS /4 3W /4J OF SECTION NRYE (Bj, TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST; AND A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN, STARTING AT THE SOUTHWEST CORNER OF THE SE /4 SW /4 OF SAID SECTION 9: THENCE N 88' 44' 40' EAST ALONG THE SOUTIMMY LINE OF SAID SECTION 9 FOR 390.00 FEET; THENCE N 01. 13' 55' WEST AND PARALLEL WITH THE WESTERLY LINE OF THE SE /4 SW/4 FOR 71.42 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING N 01' 13' 55' WEST AND PARALLEL WITH THE WESTERLY LINE OF SAID SE /4 SW /4 FOR 3002.52 FEET. THENCE N 88' 44' 37' EAST FOR 593.73 FELT; THENCE S II' 12' 59' WEST, PARALLEL WITH AND 100.00 FEET WESTERLY OF AS MEASURED PERPENDICULAR TO THE WESTERLY RIGHT -OF -WAY LINE OF US -180 FOR 372.31 FELT TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, OWASSO FREEWILL BAPTIST CHURCH, THENCE S 88' 44' 37' WEST ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 453.47 FEET YO THE NORTHWEST CORNER OF LOT 1; TE19NCS S OV 13' 58' EAST ALONG THE WESTERLY I= OF LOT 1 FOR 833.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE 3 83' 02' 02' WEST ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF U5 -189 WEST MT RAMP FOR 80.30 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND: AND A TRACT OF LAND BEGINNING AT THE SOUTHWEST CORNER OF THE SE /4 SW /4 OF SAID SECTION; THENCE N 88' 44' 40° EAST AND ALONG THE SOUTH LINE OF SAID SE /4 SW /4 A DISTANCE OF 175.93 FEET; 15' 20' WEST THENCE ANCE OF a215.18 FKET THENACDEI yAl'j306850X0Iy30 °T A DISTANCE t002.321•FEET; THENCE S 88. 4d' 37" WEST A DISTANCE OF 300.02 FEET TO THE WEST LINE OF THE SE/4 SW /4; THENCE S 1° 13' 58' EAST A DISTANCE OF 1073.93 FEET TO THE POINT OF BEGINNING; AND A TRACT OF LAND BEGINNING AT A POINT 1073.93 FEET NOR113 OF THE SOUTHWEST CORNER OF THiE SS /4 SW /4 AND ON THE WEST LINE OF SAM SE /4 SW /4 THENCE N 88° 44' 37' EAST' A DISTANCR or aai W � O y j� I �l 9 V i r h is A" 1111RAM, L I PLICATION- OZ-04-08 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, ix1 the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.M. on the 12th day ofJuly, 2004. At that time and place, consideration be given to the proposed charige of the zor g classification of the following described property The property is further described as located in the northwest comer of E. 106'1, St. N. and U.S. Highway 169, Owasso, OK. To be considered is a rezoning from AG (Agricultural District) to OM and R-NLI-2 (Office Medium Intensity District) and (Residential Multi-Family District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezomng is approved, in whole or in part, by the Owasso Plaiming Commission, said Planning Coninfission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recominendation of the Planning Commission on thf oproposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available ftom. the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City IUl, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahoma, this 14t" day of Jude, 2004.. NOTICE TO P' OZ-04-08 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF Oa as FROM: DUANE CUTHBERTSON CI PLANNER TY SUBJECT- FINAL PLAT — PRESTON LAKES 111 DATE® JULY 139 2004 BACKGROUND The City of Owasso has received a request from Preston Lakes Development Group, LLC., owner, for the review and acceptance of the Preston Lakes III Final Plat of 64 lots, in five (5) blocks on approximately 19.97 acres. The remainder of the platted area will be resubmitted as a separate addition when flood 1ilain issues have been clarified. The subject property is currently zoned OPUD - 15. The PUD outlines the use of the subject property as residential. OPUD - 15 also defines the uses for the property to the south, west and east, calling for residential to the west and east and park uses to the south. The property to the north is zoned RS-25 (Large Lot residential) in Rogers County. August, 1••8: The City of Owasso reviewed and approved a PUD (Planned Unit Development) for the Preston Lakes area including the subject property. The PUD outlines the subject property as single family residential development. ApriL 2003: The Owasso Planning Commission approved a preliminary plat for Preston Lakes 111. The conditions of that aPproval are listed below: The conditions of the Preliminary Plat should be addressed during the Final Plat stage. including livability space, which is the area of a given lot less areas dedicated to casements and/or building setbacks. As there exists a large GRDA easement located within the development area, lots abutting this easement will be scrutinized to provide the minimum amount of livability space for housing development. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the rural water district #3 of Rogers County. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the Preston Lakes III Final Plat at the regularly scheduled May 26, 2004 meeting. At that meeting utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: OWASSO PLANNING COMMISSION At the regularly scheduled meeting on July 12, 2004, the Owasso Planning Commission voted to unanimously recommend acceptance of the Preston Lakes III final plat contingent on the successful execution of the Technical Advisory Committee conditions. RECOMMENDATION The applicant has successfully addressed all TAC conditions, as such staff recommends Council acceptance of the Preston Lakes III final plat. ATTACHMENTS 1. General Area Map 2. Final Plat Application 3. Preston Lakes III Final Plat FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAInE C 5 C 5 TRACT Present Zoning Present Use Proposed Zoning I Proposed Use INF01MIATION PLAT Total Acres — :Ntimber of Lots Average Lot Size INFO"LtTION 41-46 Ae A, WATER SUPPLY El City Main El Rogers Co. RWD3 C] Washington Co. PWD3 E] Other SANITARY SEWER El Ci0j Sewer El Septic E] Disposal Plant STREET SURFACING 0 Portland Cement Concrete 0 Asphaltic Concrete Traffic-bound Surface Course I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval h:cebeen met or listed below as conditions protested. DEVELOPER SIGNATUREAZ_ -)C� DATE Conditions Proteste TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUNTIBER OPCM.EETING DATE ZONING DISTRICT APPROVED DENIED— Final Plat Preston Lakes APART Z THE EAST: Z(E/Z) OF 4 Cl ON22 TO H 9V 21 No ,.M 1AN AMTM To T •ba Orry OF OWASSA ROOMS =lkqy QMAWWA —11. V� OWNER I DEVEMPER: j L iMatk Surveying & ENGINEER .z,- '5' t Preston Lakes ;d Services, Inc. Development Group, 1 4 0'. se LLC. Kellogg Engineering, Inc. '.0. B.. 1078 P.O. Box 240 (e CK 74055 %1108h)OMC4� 74055 6755 South 4030 Rood Told*. Oldchorno 74080 '7 on —5338 (613) 272 Phm- (918) 275-40M % Swe V-So' A -'t U—M FY 0 E07 R 14 E L, EAST 98TH STREET NORTH 7 EAST 21 =I" NORTH Location Ma 4 6 S. N�- Curve information imp F—fort Zak. 01 Am. 28. 2068 i 60. I q19� 6e imp F—fort Zak. 01 Am. 28. 2068 i KE �31 x v x M;� TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RONALD D. CATES CITY ATTORNEY SUBJECTo 86"' AND MINGO INTERSECTION IMPROVEMENT PROJECT- DATE: JULY 16, 2004 Presented for the Council's consideration is a proposed Contract with Ronald Lee Ogan and Gwendolyn Jean Ogan, Husband and Wife, to acquire Permanent Right of Way and Temporary Construction Easement at the NW Comer of 86th Street North and Mingo necessary for the 86th and Mingo Intersection Improvement Project. On April 20, 2004, the Council authorized the institution of Condemnation proceedings to secure the necessary Right of Way for the referenced project. Copies of the Memorandum and Resolution are attached. Such proceedings were instituted in the District Court of Tulsa County, State of Oklahoma. Since such time discussions have been ongoing with Mr. and Mrs. Ogan in hopes of arriving at an amicable resolution of the issues presented in the proceeding. As a result of the discussions a tentative proposal for settlement has been reached. Such proposal essentially requires a payment fi-orn the City to the Ogans of $135,000.00. Additionally, the City will perform surveying and perimeter fencing activities on the property. These activities, as specifically set forth in the Contract that is attached, are generally actions that will make certain the legal boundaries of the property as well as provide for a more readily identifiable and secure contiguous tract. Staff submits that the tentative settlement is in the best interests of the City. As previously discussed the City needs the property. The character of the interest in the land being purchased is fee simple title in lieu of a lesser interest. The landowners are constitutionally entitled to fair compensation for their property. The amount of monetary compensation, i.e. $135,000.00, must be considered in conjunction with the conservatively estimated expense of the activities, to-wit: $15,000.00, to arrive at the total cost of the acquisition, $150,000.00. This amount results in a maximum square footage cost of $5.10 per square foot ($150,000.00 - 29,356 square feet); however, Staff believes the actual costs will be less. The conservative estimate was based, in part, upon an assumption of total fence replacement versus repair and realignment. This will not be the case. Views of the existing fence material as well as discussions with the landowner make it apparent that a significant amount of the fence will be reusable. Further, the project contractor will do all activities except the surveying for the City. Nevertheless, it is submitted that all things considered, including area land values, the estimated price per square foot, i.e. $5.10, is a good price for the City and a good return on their investment for the landowners. Staff recommends that the Council approve the Contract and authorize the Mayor to execute same as well as authorize the payment as specified in the Contract. Should you have any questions regarding this matter please contact Mr.ray or me. 1. Contract; 2. General Warranty Deed; 3. Temporary Easement; 4. Memorandum dated April 12, 2004; and, 5. resolution 2004 -06 THIS AGREEMENT, by and between Ronald Lee Ogan and Gwendolyn Jean O-an, Husband and Wife, hereinafter referred to as Sellers, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. That for and in consideration of the sum of One Hundred Thirty-five Thousand and No/100 Dollars ($135,000.00) to be paid by the City to the order of Sellers as hereinafter provided, as well as the City performing, at no cost to the Seller, the tasks of, to-wit: A. Provision to Sellers' of a duly certified land survey of Sellers' property performed subsequent to road construction as well as placing appropriate markers or pins indicating the boundaries of such property and, B. Restoration of the fencing around the Seller's property subsequent to construction to a reasonably satisfactory condition. This task will include the replacement of damaged or destroyed fencing with comparable quality fencing. In conjunction with the foregoing the City will install a gate to be provided by the Sellers, 1. SALE. Sellers agree to sell, transfer and convey to the City by good and sufficient warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to-wit: together with all improvements thereon and hereditaments and appurtenances thereunto belonging, free and clear of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same. 2. CLOSING. At the time set for closing, Sellers shall execute, acknowledge and deliver to City a good and sufficient warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Sellers shall deliver to City quiet and peaceable possession of all of said property. The City shall have at such time, or thereafter as the parties may agree based on the then status of construction, completed the tasks set forth above and then the City shall pay the Sellers the purchase price above specified. 3. SPECIAL CONDITIONS. Sellers shall provide canto City a Temporary Easement to enable the City to perform the work generally set forth above as is more specifically enumerated in such Temporary Easement attached hereto as Exhibit "A" T WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma, this day of July, 2004. Attest: Sherry Bishop, City Clerk 2 SELLERS- RONALD OGAN AND Ronald Lee Ogan Gwendolyn. Jean Ogan CITY OF OWASSO, 0V-F,-trffWk1-A Susan Kimball, Mayor ExWbit S 8V41'35" W Permanent Right-of-Way. 33.50', 1 li , : Z tea'° 17.69' N 22'28'18" 35.36' S 43041'48" W p SE CORNER SECTION 24, Sisemore Weisz & Associates, Inc. em FAST 92M PUC9 PHONr= (918) S65-3800 TULBA MAMMA 74135 FAX (918) O&S-6668 CA NO. 2421 EXP r-,ATE A /�-,/(Xl- W.O. 00 Ufft-Y--0F*wasSo9 01daho Attn. City Clerk III N. Main Owasso, OK 74055 GENERAL WARRANTY DEED NO REVENUE STAMPS REQUIRED 68 O.S. 3202 (11.) THIS INDENTURE made this - day of July 2004, by and between Ronald Lee Ogan and Gwendolyn Jean Ogan ("Grantors"), and the City of Owasso, Oklahoma, ("Grantee"). See attached Exhibit "N', together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining forever. 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. Grantors, their administrators, assigns and successors, do hereby covenant, promise and agree to and with Grantee, its successors and assigns, at the delivery of these presents they are lawfully seized in their 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 appurtenances; 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 GRANTORS: RONALD LEE OGAN AND I iyk"k�&64jw W��r Gwendolyn Jean Ogan State of Oklahoma ss County of Tulsa WITNESS my hand and seal the day and year last above written My commission number: My commission expires: Notary Public 2 Accepted by the City of Owasso, Oklahoma, this ATTEST: Sherry Bishop, City Clerk day of July 2004, CITY OF OWASSO, OKLAHOMA Susan Kimball, Mayor k § ) \ 2 ?< ?4«»f % d » » 2« � ^f / \ \� \^ .? *d2 G « »2r � .� « c w.� . � ®. r °. , « :x.. m , .. «>w< >«w.. �.: � < »1 ?» �? « » #<f 7<>y» + ±2f « »i <f? tm, »e a.. :,: .. . a«. � . ?. : t»+ « < =< -«_, ��. . .. w : *. i: a,, � . a � . y a .§ > :,yam « \ *a� w »: . ,.. . :.,w �. . ... ... :� :. � m� :� w «. w » : ; . -� � ;rx;�.. .. »+\ \��\ ��v.�. «� r* >�, � \� \�� d\ ®, WA14632\r -Es a c MUM KNOW ALL MEN BY THESE PRESENTS: See Attached Exhibit "A". The purpose of this easement is to grant to the City and/or the Owasso Public Work's Authority, their officials, officers, agents, employees, and/or all persons under contract with either, the right to enter upon said premises and strip of land for the purpose of construction of a public project. Specifically, this grant is for the following purpose, to- wit: A. Provision to Sellers' of a duly certified land survey of Sellers' property performed subsequent to road construction as well as placing appropriate markers or pins indicating the boundaries of such property and, B. Restoration of the fencing around the Seller's property subsequent to construction to a reasonably satisfactory condition. This task will include the replacement of damaged or destroyed fencing with comparable quality. fencing. In conjunction with the foregoing the City will install a gate to be provided by the Sellers. The City shall remove any and all dirt, rock gravel, sand, trash, debris and all other road building materials from the property as a result of or arising out of the construction activities, unless otherwise instructed by the Owner. All equipment used in the performance of the construction shall be removed from the property upon completion of construction and acceptance as well as completion of the tasks outlined above by the City or otherwise upon termination of this Easement. It is a condition of this easement that it shall not be filed of record and that all rights conveyed to the City by this easement shall terminate upon completion of construction and final acceptance by the City of the work performed on the public project IN WITNESSS WHEREOF, the Owners have hereunto set their hands this day of July, 2004. STATE OF OKLAHOMA ) )ss. COUNTY OF TULSA Before me, the undersigned, a Notary Public in and for the said County and State, on this day of July, 2004, personally appeared Ronald Lee Ogan and Gwendolyn Jean Ogan, to me known to be the identical persons who executed the foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. 2 IN WITNESS WHEREOF, I hereunto set my official signature affixed with my notarial seal the day and year last above written. My commission number: My commission expires: Notary Public 11:20 FAX 918 742 0007 /02 19:46 'F.kx oo.5 E,XHIBIT "A" PROJECT'. 11713 Ronald Lee Ogan and Gwendolyn Jean 0gun, Husband and Wife hlut"I�Wm' p I)ATYn- Aqimi�l 10 -Mft"� TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM RONALD D. CATES CITY ATTORNEY is DATE. APRIL 12, 2004 Presented for the Council's consideration is Resolution No. 2004-06, a resolution resolving the necessity of instituting and prosecuting condemnation procedures to acquire Permanent Right of Way and Temporary Construction Easement at NW Corner of W' Street North and Mingo necessary for the 86th and Mingo Intersection Improvement Project from Ronald Lee and Gwendolyn Jean Ogan. On November 17, 2003, there was communicated to Ronald Lee and Gwendolyn Jean Ogan, a conditional offer to purchase a portion of the Permanent Right of Way necessary for the 86h and Mingo Intersection Improvement Project. The City at that time as well as presently needs 29,930.00 square feet of Permanent Right of Way and approximately 8500 square feet of Temporary Construction Easement for the project. The City conditionally offered the sum of $46,400.00. This offer represented the appraised amount of the Permanent Right of Way and damage to the remainder as established by the Appraiser in his report rendered October 31, 2002, as reviewed and approved by a Review Appraiser on April 28, 2003, The City subsequently communicated by letter as well as by telephone with Mr. Ogan regarding acquisition of the additional Waterline Easement and Temporary Construction Easement. During telephone conversations, Mr. Ogan had indicated a willingness to grant a Waterline Easement for a tap and payment of $209,510.00 for the Permanent Right of Way. Clarification was sought on the tying aspect of the counter-offer. Additionally, attempts to discuss acquiring lessor interests in the Permanent Right of Way than fee simple to minimize costs as well as interference with the landowners' use were not successful. It is submitted that the City of Owasso is in need of proceeding with this acquisition. The 86th and Mingo Intersection Improvement Project as originally planned presented a much needed improvement. As originally intended this project would provide a more efficient and safe vehicular movement in the 86"' and Mingo intersection area. The need has only heightened with the imminent closing of 76t" Street North anticipated to occur within days. It is recommended by staff that the Council adopt Resolution No. 2004-06. Should you have any questions regarding this matter please contact Mr.Ray or myself. AT_TACHMENTS-. 1. Correspondence dated November 17, 2003; 2. Correspondence dated December 2, 2003; and, 3. Resolution No. 2004-06 �11 IN 10) 0 K, MMMA I I I IS I RIGHT-OF-WAY AND, TEMPORARY CONSTRUCTION EASEMENT WHEREAS. The City of Owasso, by and through officers and agents thereof, has endeavored to obtain Permanent Right-of-Way and Temporary Construction Easement, copies of same attached hereto and marked Exhibit "A", deemed necessary for the 86"' North and Mingo Intersection and Widening Project from Ronald Lee and Gwendolyn Jean Ogm husband and wife; WHEREAS: In connection with such efforts to obtain the needed Permanent Right-of- Way and Temporary Construction Easement consensually, the City of Owasso, by and through officers and agents thereof, has made bona fide good faith offers to purchase same; and, WHEREAS- The above-referred landowners have not accepted such offers and by reason thereof Condemnation proceedings as provided for under the Constitution and Statutes of the State of Oklahoma are necessary. NOW, THE RE, FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OEIAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings against Ronald Lee and Gwendolyn Jean Ogan, husband and wife, to obtain the necessary Permanent Right-of-Way and Temporary construction Easement as set forth in Exhibit "N' hereto as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED AND ADOPTED this 2& day of April, 2004, by the City Council of the City of Owasso, Oklahoma. D. Cates, City Attorney ON ffry �21 I MY] TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- JOE JOHN NURRE, P.E. SENIOR CIVIL ENGINEER SUBJECT ID AWARD US HIGHWAY 169 AND EAST 96TH STREET NORTH INTERCHANGE IMPROVEMENTS On January 19, 2004, Council approved a revised scope of work and divided the project into two components — the final design of the modifications and improvements to the intersection and U.S. Highway 169 interchange and final design of the widening of the remainder of N. 129'h East Avenue. At that time, Public Works staff recommended that permanent reconstruction of the U.S. Highway 169 interchange and completion of the intersection improvements should take first priority over the remaining engineering contract items. A Project Map is included (Attachment A). Contract documents, including drawings, specifications and bidding documents for improvements to U.S. Highway 169 interchange were completed on June 4, 2004. Contract documents are structured with a unit-price base bid to complete all identified construction work. The base bid includes subtotals for roadway items, traffic operations, traffic signing and waterline relocation. The Engineer's Opinion of Probable Project Cost prepared by CH2M Hill in June 2004 is $1,646,217.45 for the Total Base Bid (Attachment B). Advertisement for Bids was published in the Owasso Reporter on June 10, 2004. A mandatory pre-bid meeting was held at Owasso City Hall on July 1, 2004. Bid Award Interchange Improvements Page 2 of 2 Five bids were received and opened at 2:00 PM CDT on July 12, 2004. A summary of the bid results is included (Attachment B). The consulting engineer completed a Bid Tabulation and provided a Recommendation of Award on July 13, 2004 (Attachment Q. Becco Contractors was determined to be the lowest responsive, responsible bidder with a bid amount of $ 1,183,113.76. Becco Contractors has met all requirements of the bid process. Additionally, Becco has recently successfully completed constructing improvements along East 86th Street Forth, between North 1291h East Avenue and North 145th East Avenue, two months ahead of schedule. A public meeting to inform the residents of the details of the work has been scheduled for Thursday, July 22, 2004 from 7:00 PM to 9:00 PIS at the Owasso First Assembly of (mod Church, 9341 Forth 129th East Avenue. The successful bidder will be required to participate in the meeting and address citizens concerns prior to the start of construction. Funding for this project is included in FY 0405 Capital Improvements Fund. Staff recommends Council award a contract for construction of US HWY 169 and E. 96th Street North Interchange Improvements to Becco Contractors, Inc., Tulsa, Oklahoma in the total amount of $1,183,113.76. A. Project Map B. Bid Summary C. Engineer's Recommendation of Award m 1119, L7 r-P-4-01, • 1:5 22 �4 Cd oc r 1 1 HORIZI■N 0 0 N STW-4 PJ-4 F 13737 E. 46th St. N. Tulsa, OK 74117 INC. 6130 E. 32nd St. Tulsa, OK 74135 «»#21i , E. Ave Ste. 300 Tulsa, OK 74146 $1,335,761.41 WMANKSMA P.O. Box 9159 Tulsa, #x7415 July 15, 2004 175465 Ana Stagg, P.E. City of Owasso Public Works Department P.O. BOX 180 Owasso, OK 74055 Subject: North 129th East Avenue and 96th Street North Bid Tabulation &. 4 � 1"OM411 UFO'. CH2M HILL 502 S. Main 4th Floor Tulsa, OK 74103-4425 Tel 918,583.3057 Fax 918.584.5826 JUL 1. 5 2004 Becco Contractors, Inc. is the low bidder for the subject project with a corrected bid of $1,183,113.76. A complete bid tabulation and all-bid documents received are enclosed with this letter. There were five (5) bids ranging from $1,645,855.75 to $1,183,113.76 with $152,647.65 "left on the table". The Engineer's estimate is $1,646,217.45 and therefore the low bid is under the Engineer's estimate. There were several errors found in the bids and have been corrected and shown shaded on the bid tabulation. However there were no errors in the low bid. The errors did not change the order of the bidder's ranking and therefore the low bidder did not change. One common error to all bids, except the low bidder, was using 1,420 LF as the quantity for Temporary Bale Barrier instead of 420 LF. We recommend award to Becco Contractor's Inc. in the amount of $1,183,113,76. If you have any questions do not hesitate to call. Sincerely, I A i-A,,07l504ksf.do,-