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Home My WebLink About2004.08.03_City Council AgendaTYPE OF MEETING: DATE: TIME: PLACE: Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, July 309 2004. Y Juliann M. Stevens, Admini§frative Assistant I Call to Order Mayor Kimball 2. Invocation John David Mcisner, New Heights Church 3. Flag Salute 4. Roll Call H: \Agendas \Counci 1\ 2 004\0 8 0304. doc Owasso City Council August 3, 2004 Page 2 6. Business of the Quarter Presentation Mr. Hayes Attachment #6 7. Employee of the Month Presentation Mr. Ray 8. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the July 20, 2004 Regular Meeting and the July 26, 2004 Joint Meeting of City Council and Owasso Economic Development Authority. Attachment # 8 -A B. Approval Attachment # B C. Action relating to Council acceptance of storm drainage modifications for Sawgrass Park at Bailey Ranch. The subject property is located approximately 0.25 miles south of the E. 106th Street North and N. Garnett Road intersection. Attachment # 8 -C Staff recommends Council accept the storm drainage modifications for Sawgrass Park at Bailey Ranch and has listed this item in the consent section of the agenda based on Council actions taken May 6, 2003 to accept the stormwater drainage systems and streets. H:Ugendas \Council \?004 \080304. doe Owasso City Council August 3, 2004 Page 3 11. Report from City Manager. 12. Deport from City Attorney. H.\ , \gendm \CounciF\?004 \030304.doc Owasso City Council August 3, 2004 Page 4 13. Report from City Councilors. 14. New Business (flew Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 15. Adjournment. H \Agendas \Council \2004` 080304. doe TO crryoFOWAS90, OKLAHOMA IPUE,REAS, The OEDA, the Owasso Chamber of Commerce, the QLvasso Reporter and the City of Owasso have developed a special business recognition program as a means oj, honoring the valuable contributions of local, community- minded businesses; and, RWEREAS, The qualih� oj'life in Owasso is a reflection of the level of involvement exhibited by its business owners and employees and their active support of'community events; and, WHEREAS, The involvement of businesses through theirsupport gflocal projects and promotions by the sharing of their resources, provides fin° the economic well- tieing of the community and demonstrates a commitment that goes beyond the standard measure of business success; and, WHEREAS, Larry Cole and the employees at Larry's Fried Chicken have demonstrated concern jbr the Owasso community through involvement in various community- wideprojects; and, WHEREAS, A consistent quality in business operations, together with a focus on the betterment of Owasso through civic activity, merits appreciation and recognition by the entire community, NOW , THE, BEFORE, I, Susan Kimball, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim LARR _ FRIED THIRD QUARTER 2004 IN WITNESS THEREOF, I have hereunto set mr hand and caused the seal of the City ol'Owasso to be ajfixed this 3``r day oj'.- lugust, 2004. Susan Kimball, Mayor ITEM 1. CALL TOO ER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Reverand William Diekelman, Faith Lutheran Church. ITEM 3. FLAG SALUTE City Councilor Gary Cochran led the flag salute. ITEM 4. ROLL CALL ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA 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. B. Approval of Claims. /-I Owasso City Council July 20, 2004 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. Mr. Cataudella moved, seconded by Mr. Cochran, to approve the Consent Agenda with claims totaling $89,391.10, and payroll claims totaling $273,216.18; and Council authorization to give notice, equalization, and levy of assessments -as stated above. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A HEARING BEFORE THE CITY COUNCIL OF A CODE ENT, ORCEMENT OFFICER'S FINDING OF A NUISANCE Mr. Wiles presented the item, stating that the City's Code Enforcement Officer had found that a vehicle parked on the property at 9600 North Garnett Road was in violation of city code because the vehicle's license tag had expired, and written notice was given to the owner of the property to remove the vehicle within 48 hours. Mr. Kenneth Poston, owner of the property at 9600 North Garnett Road, addressed the Council stating that he was not the owner of the vehicle, and, therefore, did not want to be responsible for any fines that might be incurred. Mr. Colgan asked Mr. Poston if he expected anything from the City, i.e. space rent, and Mr. Poston said no. Mr. Colgan then asked Mr. Ray if fines would be claimed and Mr. Ray replied that no fines would be claimed. Mr. Colgan moved, seconded by Mr. Cataudella, that Council determine the inoperable recreational vehicle constitutes a nuisance, and also orders the nuisance to be abated from 9600 North Garnett Road. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. N Mayor Kimball presented the following nominations for appointments and asked Council for confirmation of the appointments, 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 TRANSPORTATION TECHNICAL COMMITTEE Ana Stagg, Public Works Director Joe Nurre, Public Works Civil Engineer (alternate) TRANSPORTATION POLICY COMMITTEE Mayor Susan Kimball Ana Stagg, Public Works Director PERSONNEL BOARD Mary Ann Alexander, Citizen ANNEXATION COMMITTEE Vice Mayor Craig Thoendel Councilor Steve Cataudella Duane Coppick (Planning Commission) Dale Prevett (Planning Commission) Ken Fisher (Public Schools) Bill Roach (Citizen) Lonny Fisher, Fire Chief Dan Yancey, Police Chief Tim Rooney, Assistant City Manager Eric Wiles, Community Development Director Rickey Hayes, Economic Development Director Ana Stagg, Public Works Director Ron Cates, City Attorney I Owasso City Council July 20, 2004 Mr. Cochran moved, seconded by Mr. Colgan, for Council confirmation of nominations by the Mayor. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. rTEM 8. 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 nominated Tom Kimball to the position of Trustee of the Owasso Economic Development Authority and asked for Council confirmation of the nomination. Mr. Colgan moved, seconded by Mr. Cataudella, for Council confirmation of Tom Kimball as Trustee of the Owasso Economic Development Authority. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. 4 Owasso City Council July 20, 2004 ITEM 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 nominated Councilor Steve Cataudella for the position of City Council Representative to the Owasso Economic Development Authority and asked for Council confirmation of the nomination. Mr. Cochran marred, seconded by Mr. Thoendel, for Council confirmation of the Mayor's nomination of Councilor Steve Cataudella. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5 -0. ITEM 10, CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONfNG REQUEST OZ 04-08, FROM THE FIRST FREEWILL BAPTIST CHURCH Mr. Cuthbertson presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council approval of rezoning request OZ 04 -08, thus rezoning approximately 42 acres, more or less, from AG (Agricultural District) to a combination of -2 and OM (Residential Multi - Family District and Office Medium Intensity District). Subject property is located in the northwest corner of East 106th Street North and U.S. Highway 169. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5 -0. ITEM 11. CONSIDERATION AND APPROPRIATE RELATING . REQUEST FOR COUNCIL ACCEPTANCE OF A FINAL PLAT FROM PRESTON LAKES DEVELOPMENT GROUP, LLC Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council acceptance of the Preston Lakes III final plat, contingent on the successful execution of all Technical Advisory Committee conditions. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5 -0. I Owasso City Council July 20, 2004 ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT RELATING TO REAL ESTATE ACQUISITION FOR THE EAST 86 TI STREET NORTH AND NORTH MINGO ROAD INTERSECTION IMPROVEMENT PROJECT Mr. Cates presented the item. Mr. Cochran moved, seconded by Mr. Thoendel, for Council approval of 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; and to authorize the Mayor to execute., all related documents, and authorize the payment as specified in the contract, YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None ffurliaTIVITEWR 1=0 ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT FOR THE EAST 96TH STREET NORTH AND U.S. HIGHWAY 169 INTERCHANGE IMPROVEMENT PROJECT Ms. Stagg presented the item. Ms. Kimball moved, seconded by Mr. Cochran, that Council award the contract for the construction of East 96th Street North and U.S. Highway 169 interchange improvements to Becco Contractors, Inc. of Tulsa, Oklahoma, in the total amount of $1,183,113.76. YEA: Cochran, Colgan, Cataudella, Kimball, Thoendel NAY: None Motion carried 5-0. Mr. Cates reported on the lawsuit brought by Wesley Ator, heir of M.D. (Doc) Ator and Thelma Ator, against Owasso Public Schools and the City of Owasso. I Owasso City Council July 20, 2004 ITEM 16. REPORT FROM CITY COUNCILORS Mr. Cataudella stated he enjoyed the Art in the Park held on July 12th and looked forward to the next one scheduled for July 26'h. Mr. Cochran commended David Warren and the Parks Department staff for keeping the City Parks in such good condition. Mr. Ray added that the entire Public Works Department had also worked hard on that project. ITEM 17. NEW BUSINESS None Pat Fry, Minute Clerk 7 Susan Kimball, Mayor JOINT MEETING OF THE CITY COUNCIL AND OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF SPECIAL MEETING Monday, July 26, 2004 The Owasso City Council and the Owasso Economic Development Authority met in a special session on Monday, July 26, 2004 in the Small Conference Room at the Old Central Building per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Tuesday, July 20, 2004. ITEM 1: CALL TOO ER OF THE CITY COUNCIL A quorum was declared present. ITEM 2: CALL TO ORDER OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY Ron Cates, City Attorney Sherry Bishop, Finance Director Julie Stevens, Administrative Assistant A quorum was declared present. Joint Meeting City Council / OEDA July 26, 2004 ITEM 3: CONSIDERATION AND APPROPRIATE ACTION REALTING TO A REQUEST FOR COUNCIL / TRUSTEE APPROVAL OF A PROPOSAL FOR FUNDING RELOCATION COSTS OF VANGUARD CAR RENTAL USA. Mr. Colgan moved, seconded by Mr. Cataudella, for the City Council to adjourn. AYE: Colgan, Cataudella, Cochran, Thoendel, Kimball NAY: None Motion carried 5-0, and the meeting was adjourned at 6:20 pm. Mr. Kimball moved, seconded by Mr. Akin, for the OEDA to adjourn. AYE: Kimball, Akin, Enzbrenner, Sokolosky, Lawrence, Yandell NAY: None Motion carried 6-0, and the meeting was adjourned at 6:21 pin. Susan Kimball, Mayor Date Approved H Tity COLtnciB2004 Minutes\072604.doc VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH DEPOSIT REFUND 50.08 REFUND TOTAL 50.00 TREASURER PETTY CASH OFFICE SUPPLIES - 59.50 8A|LEY, MATT BAILIFF DUTIES - 380.00 KgUNIC|PALCOORT DEPT TOTAL 419'50 VV[>RDCOK8 OFFICE SUPPLIES 179.80 AT&T WIRELESS PHONE USE-RAY 154.14 ROONEY, TIMOTHY D. LODGING REIMBURSEMENT 170.10 TREASURER PETTY CASH TOLLS-ROONEY 7.00 TREASURER PETTY CASH MEETING EXPENSE 48.73 EQUIPMENT ONE SCISSOR LIFT RENTAL 95.00 MANAGERIAL DEPT TOTAL RXLASER CHECNGTOCN 575.00 VVORDC[}M OFFICE SUPPLIES 42.50 HARRIS COMPUTER SYSTEMS SOFTVYAREASS/8TANCBKJA!NT 1192750 FINANCE DEPT TOTAL SAV-ON PR/NT|NG PRINTING 104.43 L0VVESCOyNPAN|E8 SUPPLIES 37.14 TREASURER PETTY CASH OFFICE SUPPLIES 33.05 THOK8PSON PUBLISHING GROUP FLSA UPDATE 359.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 96.68 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 40.75 URGENT CARE OF GREEN COUNTRY PRE-EMPLOYMENT TESTING 708.00 TCC BURSAR OFFICE TRAINING-DEMPSTER/HUNT 190.00 TREASURER PETTY CASH MEETING EXPENSE 31.93 STAPLES OFFICE SUPPLIES 149.98 HUMAN RESOURCES DEPT TOTAL OFFICE DEPOT OFFICE SUPPLIES 46.53 VVDRDC[)k8 OFFICE SUPPLIES 179.60 C|NTASCDRPORATI0N MAT SERVICES 28.90 OKLAHOMA NATURAL GAS 06/04 USE 233.41 AEP/PBO 06/04 USE 3.245.98 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 48.75 AT&T WIRELESS PHONE-C/A'E8 27.30 SOUTHWESTERN BELL PHONE USE 885.26 SOUTHWESTERN BELL 06/04PLEXAR 285.44 TREASURER PETTY CASH LICENSE TAG 48.00 GENERAL GOVERNMENT DEPT TOTAL OFFICE DEPOT SOFTWARE 98.87 3AV'ONPR|NT|N0 PRINTING 40.00 TREASURER PETTY CASH VEHICLE WASH 4.00 VENDOR DESCRIPTION AMOUNT NEIGHBOR NEWSPAPER ABATEMENT NOTICES 187.80 /NETROCALL 06/04 USE 28.48 COMMUNITY DEVELOPMENT DEPT TOTAL 279.15 VVAL-MART COMKdUN|TY SUPPLIES 99.88 OFFICE DEPOT OFFICE SUPPLIES 71.14 NATIONAL POWER WASH VEHICLE VVASH|NG 15.00 K�ETR[)CALL O�D4 USE . � � ` 7j5 OFFICE DEPOT C)FF|CEBUPpL0ES 89.00 ENGINEERING DEPT TOTAL 282.17 HOUGHTON, TIM TUITION REIMBURSEMENT 241.50 ONBRAVC)COMMUNICATIONS RADIO REPLACEMENT 337.50 INFORMATION SYSTEMS DEPT TOTAL 579.00 STAPLES OFFICE SUPPLIES 87.98 BAILEY EQUIPMENT REPA|R/&1A|NT3UPPL|ES 100.50 ASSOCIATED PARTS &SUPPLY A/C RELAY 7.98 LOCKE SUPPLY TRANSFORMER-OLD CENTRAL 13.50 LIBERTY FLAGS STATE FLAG 37.20 UN|F|RSTCORPOFWAT|ON UNIFORM RENTAL 84.18 REDLEE JANITORIAL SERVICES 381.97 RED BUD AIR FILTER SERVICE AIR FILTERS 58843 REDLEE JANITORIAL SERVICES 1.162.80 TREASURER PETTY CASH DOC LUNCHES 53.10 METROCALL 06/04 USE 7.12 SOUTHWESTERN BELL 0004PLEXAR 133.60 LEON KUB|ENHOMES OLD CENTRAL REMODELING 1121600 SUPPORT SERVICES DEPT TOTAL BAILEY EQUIPMENT REPA|R/K8A|NTSUPPL/ES 10.49 VERDIGRIS VALLEY ELECTRIC CEMETERY USAGE 39.12 AEFYPS(] 06/04 USE 15.00 CEMETERY DEPT TOTAL 64.87 VVORDC0M OFFICE SUPPLIES 112.25 CARDINAL PRESS PRINTING 114.16 PATROLTECHN{)L(]GY SUPPLIES 11.00 POLICE PETTY CASH PAPER GOODS/VEHICLE DETAILING 24.95 TREASURER PETTY CASH VEHICLE WASH 5.00 P/A[ROLTECHNOL(]GY UNIFORMS-RESERVES 149.00 EMBLEM ENTERPRISES SHOULDER PATCHES 710.93 /NTEGRISHEALTH PHYSICAL 525.00 CLEVELAND, DEBBIE INSTRUCTION SERVICES 500.00 OKLAHOMA NATURAL GAS 06/04 USE 91.30 AEP/PSO 06/04 USE 2.071.34 YNETROCALL 06/04 USE 128.20 AT&T WIRELESS PHONE USE'CH|ERDEPUTYCHIEF 59.51 US CELLULAR PHONEUSE'KJOZ|NGO 56.92 SOUTHWESTERN BELL PHONEU8E 86520 VENDOR DESCRIPTION AMOUNT | SOUTHWESTERN BELL 06/04PLEXAR 39.97 _ POLICE PETTY CASH PARKING FEES 28.00 TREASURER PETTY CASH PARKING FEES 40.00 � LYNN PEAVEY DOVVNFLDVVWORK STATION 3.732.00 � POLICE DEPT TOTAL 9,364.79 MOON, VIRGINIA | HAZARDOUS WASTE CLEAN�Ur 250. 00 � METROCALL 06/04 USE 7.11 ' POLICE COMMUNICATIONS DEPT TOTAL 257.11 ` | ALLIANCE MEDICAL RUBBER GLOVES 73.95 CITY OFTULSA EUTHANASIA SERVICES 152.00 THBEELAKE3LAUNDRY BUNDLELAUNDRY 47.40 � AEPYPSD 06/04 USE 251'01 SOUTHWESTERN BELL 0804PLEXAR 3806 METRDCALL 06/04 USE 1424 DK ANIMAL CONTROL TRAINING-LONG 373.00 � LISA LONG PER DIEM 280.00 ANIMAL CONTROL DEPT TOTAL � VVORDCUK8 OFFICE SUPPLIES 44.90 VVALMARTCDK8K8UN)TY MANTSUPPL1ES 183.72 L0VVE8COMPAN|ES MANTSUPPL|ES 61.87 YALE CLEANERS UNIFORM RENTAL 203.84 OKLAHOMA POLICE SUPPLY UNIFORM BADGES 70.00 CROW BURL|NGAK8E REPAIR SUPPLIES 103.84 � HBK�ANF|REEQU|PKJENT HYDRANT 837.75 INDEPENDENT TESTING LABS ' LADDER TESTING 758.75 FIRE HOUSE SOFTWARE SYSTEMS ANNUALSUPP0RT 1.330.00 OKLAHOMA NATURAL GAS 06/04 USE 170.00 ` | AEP/P3D 06/04 USE 1.219.07 BUILDERS SUPPLY DOOR HANDLES 370.00 AT&T WIRELESS PHONE USE-CHIEFS 12328 | SOUTHWESTERN BELL 0004PLEXAR 171' 47 | METROCALL 06/04 USE 928 |FSTA/FPP INSTRUCTOR BOOKS 192.00 FIRE DEPT TOTAL 5,921.27 TREASURER PETTY CASH MANTSUPPL|ES 3.28 JERRY TUCKER EL RIO VISTA MOWING 275.00 LOT MAINTENANCE HVVY18QMOWING 1.025.00 L&STRUCKING HAULING CHARGES 700.08 AEP/PSO 06/04 USE 851.84 VENDOR DESCRIPTION AMOUNT LOT MAINTENANCE HWY 169 MOWING 25.80 L & S TRUCKING HAULING CHARGES 1,625.00 AEP /PSO 06/04 USE 700.00 NATIONAL POWER WASH VEHICLE WASHING 951.84 SIGNALTEK TRAFFIC CONTROL MAINT 20.00 SIGNALTEK TRAFFIC CONT 6L MAIN I 904.48 METROCALL 06/04 USE. 520.83 SOUTHWESTERN BELL ;- 06104 PLEXAR - 64.03 1B STIGALL CENTENNIAL PARK MOWING 23.99_ -ELAND BARTEL DBA CLIP ®N ®SNIP STREETS.DE.PT TOTAL 5,088.43 LOWES COMPANIES MULCH BAILEY EQUIPMENT MOWER PARTS 25.80 LOWES COMPANIES WATER HOSES 33.91 BAILEY EQUIPMENT MOWER REPAIR 71.88 MURPHY SANITARY SUPPLY RESTROOM- SUPPLIES 166.00 ATWOODS OIL/HYDRAULIC OIL 346.85 FREDERICK, SOMMERS & WESTERN MONUMENT SIGNAGE 39.64 LOCKE SUPPLY SUPPLIES 1,800.00 4DT SECURITY SERVICES SECURITY SERVICES 2.25 1B STIGALL CENTENNIAL PARK MOWING 41.10 -ELAND BARTEL DBA CLIP ®N ®SNIP MOWING 372.00 !B STIGALL CENTENNIAL PARK MOWING 170.00 OKLAHOMA NATURAL GAS 06/04 USE 372.00 \EP /PSO 06/04 USE 141.85 VIETROCALL 06/04 USE 1,650.11 SOUTHWESTERN SELL 06/04 PLEXAR 14.24 W TENT RENTALS TENT RENTAL 73.64 3REWER, DAVE KXOJ TALENT FEE 350.00 150.00 PARKS DEPT TOTAL 5,821.27 41LL CREEK LUMBER & SUPPLY CONCRETE FORMS 40.00 )ALE & LEES SERVICE REPAIR ICE MACHINE 196.00 4CCLAIN, CARL CONSTRUCTION 250.00 VAL -MART COMMUNITY DSL SET UP 281.63 IROWN FARMS SOD SOD 150.00 IARP ELECTRIC 'ERMINIX ELECTRICAL REPAIRS 1,184.19 PEST CONTROL CONTRACT 329.80 XLAHOMA NATURAL GAS 06/04 USE 94.50 ,EP /PSO 06/04 USE 1,078.91 OUTHWESTERN BELL 06/04 PLEXAR 65.07 S POSTMASTER POSTAGEIPERMIT FEE 880.00 S POSTMASTER ZIP CODE UPDATE 50.00 COMMUNITY CENTER DEPT TOTAL 4,600.10 KLAHOMA NATURAL GAS 06104 USE 16.61 EP /PSO 06104 USE 153.33 OUTHWESTERN BELL 06/04 PLEXAR 22.73 HISTORICAL MUSEUM TOTAL 192.67 )NE STAR OVERNIGHT OVERNIGHT DELIVERY 28.88 !f 1I, ll :i `a 1, VENDOR DESCRIPTION AMOUNT TRIAD PRINTING PRESENTATION MATERIAL 87.09 STAPLES FAX MACHINE 149.98 CROSSROADS COMMUNICATIONS MARKETING BROCHURE 2,725.00 CROSSROADS COMMUNICATIONS MARKETING PHOTOGRAPHY 4,021.75 WORLD PUBLISHING COMPANY COMMUNITY WORLD 25.00 AT &T WIRELESS PHONE USE -HAYES 245.99 CROSSROADS COMMUNICATIONS MARKETING BROCHURES 2,25_0.00 GENCORE CANDEO, LTD A GENESIS ECONOMIC. `DEVELOPMENT DEPT TOTAL - -- 9,533.69 GENERALFUND 78,894.24 ALLIANCE MEDICAL AMBULANCE SUPPLIES 1,051.96 PACE PRODUCTS OF TULSA AMBULANCE SUPPLIES 502.00 ATC FREIGHTLINER SIGHT GLASS 26.43 GALLES JEFFERY EMS MONTHLY AUDITS 250.00 WORKS & LENTZ COLLECTION FEES 494.68 AT &T WIRELESS PHONE USE - OTHERS 255.39 MEDICLAIMS MONTHLY SERVICES 2,312.09 AMBULANCE SERVICE FUND TOTAL �- - 4,892.55 GENCORE CANDEO, LTD A GENESIS SOFTWARE MAINT CONTRACT 500.00 SOUTHWESTERN BELL E -911 806.25 SOUTHWESTERN BELL E-911 1,628.83 E -911 FUND TOTAL 2,935.08 C2A ENGINEERING ENGINEERING SVS -86/96 ST N 3,967.72 CAPITAL IMPROVEMENTS FUND TOTAL 3,967.72 WORDCOM OFFICE SUPPLIES 22.45 CURRENT SOFTWARE ANNUAL RENEWAL CONTRACT 500.00 UNIFIRST CORPORATION UNIFORM RENTAL 104.32 CLASSIC CHEVROLET REPAIR PARTS 587.83 ENVIRONMENTAL MARKETING REPAIR PARTS 391.14 FRONTIER INTERNATIONAL TRUCKS REPAIR PARTS 191.03 FRICTION PRODUCTS BRAKE REBUILDERS REPAIR PARTS 406.66 AMERICAN HOSE & SUPPLY REPAIR PARTS 46.00 O'REILLY AUTOMOTIVE REPAIR PARTS 583.49 TOTER CAR LIFT 169.63 ROBERTSON TIRE TIRES 119.95 OKLAHOMA NATURAL GAS 06/04 USE 25.73 AEP /PSO 06104 USE 420.03 METROCALL 06/04 USE 14.24 SOUTHWESTERN BELL 06/04 PLEXAR 39,97 LENOX WRECKER SERVICE TOWING CHARGES 100.00 CITY GARAGE FUND TOTAL 3,722.47 UNITED SAFETY & CLAIMS C11213 25.50 UNITED SAFETY & CLAIMS 007163 25.50 MCAFEE & TAFT R10163 773.62 MEDICAP PHARMACIES C03294 75.66 VENDOR DESCRIPTION AMOUNT TULSA RADIOLOGY ASSOCIATES C03294 155.76 TULSA BONE & JOINT ASSOC 007183 244.87 VVORK|NGRX C 1121 104.93 VVORK|NGRX J08172 63.28 VV0RK}NGRX F06174 88.63 CENTRAL STATES ORTHOPEDIC R10183 005.00 CENTRAL STATES ORTHOPEDIC G02284 52.04 EASTERN {]K ORTHOPEDIC CENTER C11213 '`�� ` 211.50 HEALTHSOUTHHOLD|NGS C03294 209.78 MEALTHSOUTHHOL0NGS C03294 196.68 HEALTHS(}UTHHOLD|N08 C03294 196.88 THIRD PARTY SOLUTIONS D00094 73.78 OVVASS0 PHYSICAL THERAPY CLINIC [N09110 305.38 ORTHOPEDIC PRODUCTS &SERVICES R05074 18.00 TULSA BONE & JOINT ASSOC 007183 244.87 URGENT CARE {)F GREEN COUNTRY H05124 37.87 URGENT CARE OF GREEN COUNTRY F00174 3787 URGENT CARE UF GREEN COUNTRY D06094 114.92 URGENT CARE [)F GREEN COUNTRY D00094 88.38 URGENT CARE C}F GREEN COUNTRY C03294 58.80 URGENT CARE OF GREEN COUNTRY C03284 37.87 URGENT CARE OF GREEN COUNTRY F06174 334.04 URGENT CARE OF GREEN COUNTRY R05074 37.87 URGENT CARE OF GREEN COUNTRY Y05234 37.87 URGENT CARE DF GREEN COUNTRY Y05234 94.24 URGENT CARE OF GREEN COUNTRY R05074 56.80 URGENT CARE OF GREEN COUNTRY R08084 226.90 URGENT CARE OF GREEN COUNTRY R05074 56.80 URGENT CARE DF GREEN COUNTRY R05074 56.80 URGENT CARE OF GREEN COUNTRY H05124 56.80 URGENT CARE DF GREEN COUNTRY H05124 37.87 ORTHOPEDIC RESOURCES B04074 00.00 ORTH[> REHAB, INC B04074 1.131.50 FIRST STEPS U&P B04074 108.10 NEUROSURGICAL SPECIALISTS DFTULSA C03294 201.93 REGIONAL RADIOLOGY C03294 794.70 ORTHOPEDIC HOSPITAL OFOK R10183 1.159.20 JAMPETRO.T C/O CRAIG ARMSTRONG, ATTY TTD PAYMENTS 269.08 JAMPETRO.T C/O CRAIG ARMSTRONG, /ATY TTDPAYK4ENT3 20988 WORKERS COMP FUND TOTAL BAUSCH,TONJA TORT CLAIM 95.00 SELF INSURANCE FUND TOTAL GRAND TOTAL CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING GATE 7/24/2004 Department Overtime Expenses Total Expenses Municipgl Court 0,00 3,179.75 Managerial 0.00 13,47727 Human Resourses 0.00 6,661.10 Cotnmun' ity beveiopr Ent 0.00 0,565.20 Engineering _ 0.00 6,096.01 Support Services 0.00 5,330.60 136.52 5,213.23 Gerieraf Fund Data $5,019:82 $214;546.41 Ambulance Fund Fund Total I l $11,0.15 $9,103.97 7.24 1 $2,51 Worker's Comp Self - Insurance Fund Find Total $347.60 s e !- - •o ! i� •04 Gerieraf Fund Data $5,019:82 $214;546.41 Ambulance Fund Fund Total I l $11,0.15 $9,103.97 7.24 1 $2,51 Worker's Comp Self - Insurance Fund Find Total $347.60 SUBJECT ACCEPTANCE OF STORM DRAINAGE MODIFICATIONS SAWS SS PARK AT BAILEY RANCH DATE: July 279 2004 _ Q,_ I'll - _ _0 Final inspection of storm drainage modifications was conducted on May 319 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The contractor has provided a one-year Maintenance Bond for the storm drainage system (see attached). I Staff recommends Council acceptance of the storm drainage modifications for Sawgrass Park at Bailey Ranch. 1. Location map 2. Maintenance Bond SAWGRASS PARK DRAINAGE MODIFICATIONS Owasso Public Works Department Engineering Div. P.O. 180 Owasso. OK 74055 918.272.4959 A-,-AN-AN-.cit,,-ofoA�-asso.com 1,:� &M�' 2017ds' c5ince 1904 Internallonal RAN CE C 0 M One Newark Center Newark, New Jersey 07102 (973) 624-7200 BOND NO, STJIPSU 0305333 SEVENTY THOUSAND, ONE HUNDRED TWENTY NINE AND 33/1.00 DOLLARS---- ($' 70,129.33 Dollars lawful money of the United States of America to the payment of which Sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 9th day of April 20 04 THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the Obligee for Storm Drainage & relocate Sewer line - Sawgrass-@ Bailev Ranch AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of . one Year tffdrer accept ancebecause 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. All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Witness IRA M. GREEN- CONSTRUCTION? COYPANTv president INT RNATIONAL FIDELITY INSURANCE COMPANY Witness Jacoe V. Brown Attorney -in -Fact imm TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- DUANE CUTHBERTSON CITY PLANNER SUBJECT: FINAL PLAT — OWASS O MEDICAL PARK DATE. JULY 29, 2004 BACKGROUND The City of Owasso has received a request fTom RECO Enterprises, applicant/owner, for the review of a final plat for the proposed Owasso Medical Park addition. The applicant is proposing seven (7) lots on one (1) block containing 5.00 acres, more or less. The property is located at 10020 North 129th E. Avenue. A location map is attached for your view. The property is currently vacant as is the property to the north, south and west, although the property to the west is currently being planned for a hospital complex. The property to the east is characterized by large lots residential. ZONING HISTORY In May of 2004 the Owasso Planning Commission approved a Preliminary Plat for the Owasso Medical Park consisting • seven (7) lots • one (1) block. Conditions of the approval are listed below. ANALYSIS Whenever any subdivision • land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agen'p shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. At this point in the development process the subject property must have already been annexed and exhibit the proper zoning for which the property is being platted. The Final Plat review is the stage at which lot spacing, provisions for roads, utilities and drainage are discussed. The property is already zoned for commercial uses. All discussions related to specific use of the lot would more appropriately take place at a site plan review or at subsequent occupancy permit reviews. Once the Final Plat is accepted by the Owasso City Council the next step in the development stage is the site plan review at which time specific TECHNICAL ADVISORY COMMITUE The Technical Advisory Committee reviewed the Owasso Medical Park Final Plat at their June 30th regular meeting. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The following comments were provided: OWASSO PLANNING COMMISSION At the July 12, 2004 regular meeting the Owasso Planning Commission recommended unanimously to approve the Owasso Medical Park final plat contingent upon the successful execution of the Technical Advisory Committee comments. RECOMMENDAIION The Technical Advisory Committee conditions have been successfully addressed. As such, staff recommends approval of the Owasso Medical Park Final Plat. ATTACHMENTS 1. General Area Map. 2. Owasso Medical Park Final Plat application. 3. Owasso Medical Park Final Plat. FROM :RECO EnterpriSeS Fri,< NO, :91e-665-42455 Jun. OS4 2004 P3 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAME_j2kj6!n&;z� — t < GEMRAI, LEGAL Drsoup'noN OF TRACI' S,-UA*JjmC,— lt;'� "ARAM M IF TRACI t.NPORMKTION PLAT INFORMA110N Prescin Zolfllw d1v Q, Pra-sent U Plumber or Lots Proposed zoning I Proposed use I eev p-s. - , - -- e-e ie i Avuagc Lot Size WATER SUPPLY [I City Main 0 Rogers Co. RW03 X Washington Co. RWD3 M othor___ NA NITA M'SM104 X City sewcr 0 liclide 0 Disposal Plant 1vI'RFI?TSV1XI?M:IN0 0 Portland Cement Coneretc 19 Asphaltic Conerctc 0 Trall ic-bound &0'acc COL11-36 plcascsubniit tic; comploWd -Ipfffleation lbrinand application fix ($100 plug S.5() Per lot Over 10() lots), FjC.Ijg with the completed Final Plat C'fice k t ist and ill requirements thereof, to the Owuso City pjailljor on or boforo the Plunnirg. Coninlission submitud dcudlillc bL4 %ht1w.q 011 the Official City Of Owasso calendar. All Final Plats arc .4cliedulud ror review by thoTechnical Advisory Committee 13 days prior to the Planning COI]jjjjjssj()jj IjJL:c1111-47 at which [lie Final Plat, will bu reviewed, The applic2rit and/or the opplicstut'i C(Mquh3flf should Mend both tli('�' Technical Advisory Coiuniitteeand PhIntling, Conimission meetings at which the Final Plat will hc reviewed. I (We), the undcrsigncd dcvcloper, domub,"k that this subdivision has 1=1 preliminary plat approval and that all conditions of slid jucliminary plat approval have on motor listed Mow as uon di; tions protested, DEVELOPER SIGNATURLV V0 bra 11, . DATE a4 Conditions 11roteMcd FOR INTERNA], OFFICE tJSC = Owasso Medical Park 14 E EAST —R TH STREET NORTH AN ADDInON TO THE CITY OF O'WASSO f B K TULSA COUNTY, OXLAHWA N T 21 _SURVEYOR' OWNED. DEVELOPER • „ p Oenehmarfe Surveying & ®-M -P, L.L.C. Reco Enterinis's 8 to Land Services, Inc. P.O. Box 471766 4545 South 83rd East Avenue Scde: X40' P.O. eax 1078 Tulsa. ON 74147-1765 Tuisa. Oklahoma 74145 .EAST 96TH SIREET NORTH Owas,a. Cklahama 74055 Phone: (918) 665 -4244 Phone: (918) 665 -4244 Phone: (916) 274 -9081 Location UDp vh e °ee¢aexN, , rn 3d a i N N 6vo9'T3" K 1 A P- 00'df° P x'88.16' I 9. 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Ae[P recants w WHC' xMi[R Wwa wix xeE wMP a r n+ un .1 ottx atxv Ne H—>m sa ,K G, een rC>x xASr r van(x, A. a oa,ua" a ta'�acA°Exalaa sxa rAmtes uusD m ra¢saueD ati eers s ,rc crEn w ws e¢xn w mnRenws ra ax awe wa ,w ww, m .a. uwscARE AxD RAewfc BERMS. v, w CERTIMATE OF FNAL PLAT APPROVAL _ ea. ,D axser sm ,nxs w e,weae, wrre xa is s� � W .t .K wT � w.sn asx, wt wsxe+ wa Ammus n u w,sn sx mMa s aESERes: Aaus ,w so+.aa xc +w own .>. xewx sex. & wCP[sS EGRESS Mfl WeIxWAK. vm aII a+aaurs w,a1(o v4 W aax wsSM +au ,ea /w eoai [>awx,i _ area s m �ay. M,rw me res,c ttetn,ar uW.0 us, ��am I—T o#v ¢x AT ES d' xo A<CESSw tuweae wm M s..muma a „¢ on Oxi o�ssn e-9. 2001 » ��,x �D'� huge) wvr.� genrae s¢a w,pns m ,ewoaw Aa+[ss m tcaasy rem .n, xmioa a rta va�wian mwr M Pecos otsaunU r � TO- THE HONORABLE MAYOR AND CITY COUNCII CITY OF OWASSO FROM- RONALD D. CATES CITY ATTORNEY AY i t DATE: JULY 269 2004 On June 15, 2004, the Council approved a Lease Agreement between the City, as Lessor, and the YMCA, as Lessee. A copy of the Memorandum submitted to the Council at such time is attached. The Lease Agreement itself is not attached due to it being voluminous. Members of the Council that are desirous of reviewing such should contact Mr. Ray or me. The Lease Agreement, as presented and approved, provided for, among other things, the leasing to the YMCA of a portion of the land at Rayola Park to be utilized by it for the purposes of constructing, maintaining and operating a recreational center and aquatics facility. The YMCA has an estimated budget of approximately 4.5 million dollars for the facilities construction and equipping. As an imperative to this project, the YMCA is securing funding of approximately 2.5 million dollars from the Bank of Oklahoma. The funding sought will be in the form of a loan secured by a collateral assignment of the Lease Agreement. During the course of the loan document legal review it was noted by BOK attorneys that two (2) of the five (5) deeds from J. Ray Smith and Ola Smith, Husband and Wife, comprising Rayola Park, a portion of which being the leased property, contained language that could potentially adversely impact the leasehold interest of the YMCA. Specifically, one of the deeds contains language that is referred to in the law as a reversionary clause. The essence of the reversionary clause, in this instance, is that if the City of Owasso uses the land covered by the deed for any purpose other than a recreation park for the general public the land reverts to the Smiths or their heirs at law. As regards the other deed, such contains language restricting the use of the land to public park purposes and placing limitations upon the City of Owasso's ability to deed or transfer the property covered by the deed. The latter restriction requires a vote of the people before committing the property by deed or transfer to a use other than park purposes. Copies of the deeds are attached. Staff was aware of the limiting provisions of both deeds. In that regard, the limiting language was considered and staff concluded that the uses and purposes intended by the Lease Agreement fall within the limiting language employed by the two (2) deeds. Nevertheless, the concern of the lender is understandable. Any uncertainties on the part of third parties to the development project, especially as to legal interests in land, create troublesome matters for such individuals or institutions lending money for the development. More importantly, however, is fact that BOK's concerns must be resolved to the lender's reasonable satisfaction or the YMCA will simply not receive its needed capital funding for the project. The proposed Addendum No. 1 constitutes a contractual commitment on the part of the City to take affirmative actions to assist the YMCA in the resolution of the concerns that their lender, BOIL, has. A copy of Addendum No. 1 is attached. It should be noted at this juncture that BOIL has approved this Addendum as well as the proposed actions set forth in it as an acceptable solution to their title security concerns. The Addendum initially provides that the City will "protect, indemnify and save" the YMCA, as well as other associated entities and persons, harmless from any claims made in connection with or related to the Reversion and Restriction of the referenced deeds. It is submitted that such an obligation presents very little real exposure to the City, especially in light of the second obligation of the Addendum. To reiterate, staff is of the opinion that the Lease Agreement, and the activities allowed thereunder, are park and recreational activities for the general public, falling within the letter and spirit of the deeds from Mr. and Mrs. ,Smith. Considering the intent of the conveyances from Mr. and Mrs. Smith, as is gleaned from the deeds themselves, it is submitted that what the City is doing directly as well as in conjunction with the YMCA at Rayola Park is in furtherance of the wishes of the Grantors. The Lease Agreement represents a multimillion - dollar investment on the part of the public as well as the YMCA to enhance the recreational opportunities of the citizens of Owasso. This partnering between the City and the YMCA IN does not represent either an abdication of ultimate control by the City or abandonment of purpose as relates to Rayola Park. Accordingly, it is opined that the covenant of indemnity as requested is an acceptable risk for the City of Owasso. Addendum No. I next obligates the City to institute and prosecute condemnation proceedings to foreclose any possibility of an heir's assertion of breach of condition in the deeds and consequent reverter. This, it is submitted, is within the authority of the City. Linder Oklahoma law, a municipality may exercise the right of eminent domain for any municipal purpose, -within or without its corporate limits... 11 0.S. § 22-104(3). Further, in that regard, provisions of Oklahoma law have as a stated purpose.. "to promote the establishment, operation and support of public recreational facilities for the welfare of the people by local governmental units... l l ®.S. § 33A01 et seq. The process would be the same as is normally followed for the acquisition of right of way by condemnation. In this instance, however, the identification of heirship versus ownership will prove to be the most difficult of preliminary tasks. Staff has begun that analysis. If the Council should approve the Addendum No. I as well as subsequent condemnation time will not have been lost. If obtaining a consensual release of the reversionary interest is not achievable and condemnation does prove to be necessary then staff is of the opinion that the fair market value of the interest acquired will be nominal. The interests sought to be condemned are contingent interests on properties essentially surrounded by other land that is in part residential use or owned by the City and not burdened with the reversionary possibilities. Accordingly, it is submitted that the process costs, i.e., filing fees and commissioners fees, will approximate or exceed the actual value of the interests acquired. Staff would recommend that the Council approve Addendum No. 1 to the Lease Agreement as presented. 1. Addendum No. 1 to Lease Agreement; 2. Memorandum dated June 4, 2004; 3. Subject Deeds; and, 4. Aerial Photos of Tracts This is an Addendum to that certain Lease by and between The City of Owasso, Oklahoma (the "City"), and the YMCA of Greater Tulsa, an Oklahoma nonprofit corporation (the "Company"), dated June 159 2004 ("Lease"). (hereinafter referred to as the "Reversionmn� WHEREAS, by General Warranty Deed dated October 18, 1960, which was thereafter filed in the office of the Tulsa County Clerk on December 21, 1960, and recorded in Book 3112 at Page 461, J. Ray Smith and Ola Smith, husband and wife, conveyed to the City certain real property, which constitutes, in part, the Grounds described in the Lease. The above described General Warranty Deed contains the following restrictive covenant: "fbis property is to be used by the City of Owasso for a public park only, and cannot be deeded or transferred without ail expression by vote of the Citizens of Owasso, Oklahoma."; • M��, WHEREAS, in order to effect the Lease and to permit the Company to obtain financhqp and • build the Facilities • the Grounds, the City has agreed to protect the Company from any loss that may be related to the Reversion and Restriction and to further institute eminent domain proceedings • further ensure such protection. NOW, THEREFORE, in consideration of the respective representations and agreements contained in the Lease and herein, the City and the Company hereby agree as follow: ARTICLE I Indemnification and Condemnation Section 102 Condemnation. The City Will COMMCDCC, within thirty (30) days following the execution of this Addendum, condemnation proceedings respecting the Reversion and Restriction. In the event that the condemnation proceedings are not resolved in favor of the City, then the Company may terminate the Lease upon written notice. Dated this day of • 1 Elm= 07-22-04 MOD CITY OF OWASSO, OKLAHOMA M 111 11 1 1, 2 Valffirl"WITININ"11 TO- THE HONORABLE MAY AND CITY COUNCIL CITY OF OWASSO FROM: RONALD D. CATS CITY ATTORNEY SUBJECT: LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND THE YMCA OF GREATER TULSA, RECREATION CENTER FACILITIE S IMPROVEMENTS-RAYOLA PARK DATE: J-UNE 4, 2004 INTRODUCTION: 11113�111�M Since July of 1996, the privatization of the Recreation Center has proven beneficial to the City, the YMCA and most importantly the citizens. The City has been able to reallocate financial and personnel resources to other municipal needs while preserving the recreational opportunities of its citizens. The YMCA has borne the expense associated with facility and program management. Further, not only has the YMCA continued many of the previously existing programs but also, it has incorporated new programs into the Center's recreational regimen. Finally, the YMCA has provided facility improvements in excess of $3,000,000.00, 00, an amount that otherwise would have come, if at all, from City capital improvement project funding. As a result of the relationship, the YMCA has * The leased property consists of the existing Recreation Center as well as additional lands adjacent to such which will serve as the site for the new facility. Also, as pertains to the baseball fields, the field popularly known as Ram I will remain within the control of the City, Ram 2 will be taken out of service during construction and the fields to the west and northwest will be operated by the YMCA; ® The term of the lease is fifty (50) years. No options to renew are provided; ® The YMCA will construct and install facilities pursuant to plans and specifications jointly approved. The facilities will generally consist of basketball courts as well as exercise and meeting rooms. Additionally, there will be an indoors aquatic facility with indoor/outdoor access. The YMCA will be responsible for obtaining directly or through contractors all surety bonds and insurance coverage normally attendant to a publicly financed capital improvement. The YMCA will be responsible for equipping the facility; ® Title to the facilities, not the ground, will be jointly held with each party owning that percentage that its investment bears to the whole; ® The City will allow the YMCA to utilize the entire facility, not the land, as collateral for its construction and equipment loan(s). The City will allow the YMCA to collateralize the Lease to provide additional security for the YMCA loans. The City will neither be a maker on the loan(s) nor a guarantor. * The operation and maintenance of the facilities will be the responsibility of the YMCA. The YMCA will accomplish such in compliance with all applicable local, state, and federal laws and regulations. Additionally, the YMCA will, at all times, have in effect with a reputable, financially responsible insurer licensed to do business 2 in the State of Oklahoma, property and casualty coverage in an amount of not less than one hundred per cent (100%) of the value of the property as well as liability coverage in an amount of not less than $10,000,000.00. The City will be an additional insured on such policies of insurance. The remaining provisions of the Lease Agreement, although of importance, are considered as being standard contractual provisions normally found in cooperative multi- governmental arrangements. Such generally co'-nsists' of party identifications, recitals, :4 it definitions and aids to interpretation language: -lif fight of such, those provisions are not specifically discussed in this Memorandum. Any questions that any Councilor(s) might have regarding this matter should be directed to Mr. Ray or me. Staff would recommend that the Council approve the Lease Agreement presented. ATTACHMENTS- 1. Proposed Lease Agreement (City Council Packets Only) 2. Recreation Facility Lease Agreement (City Council Packets Only) Citizens desirous of reviewing either of the attachments may do so by contacting Julie at 918/376-1502. I 06/21/2004 13: -�2 NO. 978 U003 J. RAY SMITH. AND OLA SKITR, -jusband and wife THE CITY OF OWASSOa OKLAHOU GRANTING CLAUSE: #362259. M WARRANTY DEED Dated* Jan® 13, 1958 Filed.: Feb. 4, 1958 at 1208 P.M_ jg,tbe office of the County Clerk In-and for Tulsa County, Oklahoma P,,corded in Book 2844 Page 342 consideration%$1.00 None Grant, bargain ' 5P-M and couvey unto said party grantee, its heirs and assigns All of the following described real eatatep situated in the County of Tulsa, State of Oklahoma, to-wit! I HABENDUM!' TO HAVE AND TO HOLD THE SAME, together with all singular the tenements, hereditaments and appurt:Tance thereto belonging Or in any wise appertaining forever- I bHM VI=, ......... .... ........... ....... 7- � . .. .... ..... ... .. a] 06/21/2004 13:32 NO. 978 9004 06/21/2004 13:32 I J. � AND OLA SMITE, wife husbajad 1� #41627 GENERAL WARRANTY Dated: Oct. 18, Filed: Dec. 21, In the office of In and f ®x Tulsa Recorded in Doak Coast e atio % I.R�S® 'NONE �.' flml- DEED 1960 1960 at 4 ;12 pn�® the County Clerk County, Oklahoma 3112 Page 461 1 ®00 . GRAR IRG CLAUSE: Grant. bargain, sell and convey DESCRIPTION: All of the folldwing daacribed real estate, situated in thO-COunty ®f Tulsa, State of ®klahomag to -wit: ..... - :mow..- ..,�..,tl 06/21/2004 130:32 �n Qr7Q nn n-7 JEROME r u2 m I Vji k� ri ��'o' id v q 4 Q LIN s � r �� I�` k i�af V � r TRACT #4 RAYO LA PARK LEGAL DESCRIPTION 4- CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 4 a NN 1 Ad law �f f lk q S'k j ft t ' a #5 a r € G } } M OF Im ell 6a !;V-7177 TRACT 5 KAYO �A PAR � LEGAL DESCRIPTION 5 CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 5