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2011.08.02_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: DATE: TIME: PLACE: Notice and agenda filet Friday, July 29, 2011. Regular JUL 2 9 2011 August 2, 2011 6:30 p.m. C1#y Clews Council Chambers, Old Central Building 109 N. Birch i in the office of the ity Clerk and posted at City Hall at 6:00 p.m. on Ik . I\-. It, A I A., ann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Alvin Fruga, Presence Theatre Owasso 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Benevolence. Dee Sokolosky, First Bank of Owasso 6. Consideration and appropriate action relating to a request for City Council 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 19, 2011 Regular Meeting. Attachment # 6-A B. Approval of Claims. Attachment # 6-B C. Approval of Ordinance No. 992, an ordinance approving zoning application number OZ 11-03 changing the zoning of property located in the southwest quarter of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma, from an AG Agricultural District To a CG Commercial General District. Attachment # 6-C Staff recommends City Council approval of Ordinance No. 992, and has listed this item in the consent section of the agenda based on City Council action taken July 19, 2011 to approve zoning application OZ 1 1-03. Owasso City Council August 2, 2011 Page 2 D. Approval of Early Retirement benefits from the City's Oklahoma Municipal Retirement Fund (OMRF) retirement plan for Regena Frick. Attachment # 6-D E. Acceptance of the Quick Trip #22 sanitary sewer system. Attachment # 6-E F. Acceptance of the Silver Creek Commercial water line improvements. Attachment # 6-F 7. Consideration and appropriate action relating to items removed from the Consent Agenda. 8. Consideration and appropriate action relating to a request for City Council approval to purchase two (2) vehicles for the Fire Department. Mr. Clark Attachment # 8 Staff recommends City Council approval to purchase one (1) 2012 Chevrolet Silverado 1500 pick-up in the amount of $26,099 from Hudiburg Auto Group of Oklahoma City; and approval to purchase one (1) 2012 Chevrolet Tahoe from Ruble-Vance Chevrolet of Perry, Oklahoma in the amount of $31,132.90. 9. Discussion relating to updates to Part 9, Business Licensing and Regulations of the Owasso Code of Ordinances. Ms. Lombardi Attachment # 9 Discussion will be held relating to the implementation of licensing for massage parlors in the City of Owasso. 10. Discussion relating to updates to Part 4, Animal Regulations of the Owasso Code of Ordinances. Ms. Lombardi Attachment # 10 Discussion will be held relating to various proposed amendments to Part 4, Animal Regulations of the Owasso Code of Ordinances. 11. Discussion of issues relating to citizen request to call General Obligation Bond election. Mr. Ray 12. Report from City Manager. A. Strong Neighborhood Initiative Annual Report B. Public Works Project Status Update 13. Report from City Attorney. 14. Report from City Councilors. 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 16. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 19, 2011 The Owasso City Council met in regular session on Tuesday, July 19, 2011 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, July 15, 2011. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p,m. ITEM 2. INVOCATION The invocation was offered by Reverend Chris Tiger of First United Methodist Church. ITEM 3. FLAG SALUTE Councilor Ross led the flag salute, ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Bryan Stovall, Vice Mayor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Steve Cataudella, Councilor ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the July 5, 2011 Regular Meeting and July 12, 2011 Special Meeting. B. Approval of Claims, C. Acknowledge receipt of the monthly FY 2011-12 budget status report. D. Acceptance of the Maple Glen II streets and stormwater drainage system. E. Acceptance of the Maple Glen II water and sanitary sewer systems. E. Acceptance of the Villas at Coffee Creek public infrastructure. F. Acceptance of the following Agreements for Urban Engineering Services: Johnson & Associates, Inc. for the Villas at Stonebridge; Anderson Engineering, Inc., for the Falls at Garrett Cree; and Darren Burns with Wallace Engineering for Life Church. Mr. Brown moved, seconded by Mr. Ross, to approve Items A, B, C, E, and F on the Consent Agenda with claims totaling $363,436.66. Also included for review were the healthcare self- insurance claims report and payroll payment report for pay period ending 07/02/11. Owasso City Council July 19, 2011 YEA: Stovall, Bonebrake, Brown, Ross, NAY: None Motion carried 4-0. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA Mr, Feary responded to questions relating to Item D. on the consent agenda. Mr. Brown moved, seconded by Mr. Stovall, to approve Item D. on the consent agenda. YEA: Stovall, Bonebrake, Brown, Ross, NAY: None Motion carried 4-0. ITEM 7. REQUEST TO ADDRESS THE CITY COUNCIL REGARDING SECTIONS OF THE CITY OF OWASSO CODE RELATING TO DRIVEWAYS AND PARKING IN RESIDENTIAL NEIGHBORHOODS Ms. Rebecca Armstrong addressed the City Council regarding sections of the City of Owasso Code relating to driveways and parking in residential neighborhoods. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A BUDGET AMENDMENT IN THE GENERAL FUND Ms. Hess presented the item, recommending City Council approval of a budget amendment in the General Fund, Fire Services Department, increasing estimated revenues and the appropriation for expenditures by $430,452 for the purpose of funding six (6) firefighters hired through the SAFER Grant. Mr. Brown moved, seconded by Mr. Ross, to approve a budget amendment in the General Fund, as recommended. YEA: Brown, Bonebrake, Stovall, Ross, NAY: None Motion carried 4-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE 2011-12 CONTRACT BETWEEN THE CITY OF OWASSO AND THE FRATERNAL ORDER OF POLICE (FOP) LODGE # 149, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE CONTRACT. Ms. Dempster presented the item, recommending City Council approval of the 2011-12 contract between the City of Owasso and the FOP Lodge # 149, and authorization for the Mayor to execute the contract. 2 Owasso City Council July 19, 2011 Mr, Ross moved, seconded by Mr. Stovall, to approve the contract and authorize the Mayor to execute the contract, as recommended, YEA: Ross, Bonebrake, Stovall, Brown, NAY: None Motion carried 4-0. ITEM 10, CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF OWASSO AND THE INDIAN NATION COUNCIL OF GOVERNMENTS (INCOG), AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT Mr, Fritschen presented the item, recommending City Council approval of an agreement between the City of Owasso and INCOG, establishing the FY 2011 CDBG project through the submission of the FY 2011 Metro City Application; and authorization for the Mayor to execute the agreement, Mr, Ross moved, seconded by Mr. Stovall, to approve the agreement and authorize the mayor to execute the agreement, as recommended, YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4-0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE RESERVE AT ELM CREEK FINAL PLAT Mr. Stephenson presented the item, recommending City Council approval of the Reserve at Elm Creek Final Plat, Mr, Stovall moved, seconded by Mr. Ross, to approve the Reserve at Elm Creek Final Plat, as recommended, YEA: Stovall, Bonebrake, NAY: Brown, Ross Motion failed 2-2. ITEM 12, CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CHRISTIAN BROTHERS AUTOMOTIVE FINAL PLAT Mr, Stephenson presented the item, recommending City Council approval of the Christian Brothers Automotive Final Plat, Mr, Brown moved, seconded by Mr, Ross, to approve the Christian Brothers Automotive Final Plat, as recommended, YEA: Stovall, Bonebrake, Brown, Ross NAY: None 3 Owasso City Council Motion carried 4-0, July 19, 2011 ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF OZ 11-03, A REQUEST TO RE-ZONE A TRACT OF LAND LOCATED EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF EAST 96TH STREET NORTH AND NORTH GARNETT ROAD FROM AGRICULTURAL TO COMMERCIAL GENERAL Mr. Stephenson presented the item, recommending City Council approval of OZ 11-03 Mr. Ross moved, seconded by Mr. Brown, to approve OZ 11-03, as recommended. YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF OPUD 11-01, AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT LOCATED SOUTH OF EAST 76TH STREET NORTH BETWEEN NORTH 129TH EAST AVENUE AND NORTH 145TH EAST AVENUE Mr, Stephenson presented the item, recommending City Council approval of OPUD 11-01. Five (5) individuals spoke in relation to this item. Mr. Ross moved, seconded by Mr. Bonebrake, to approve OPUD 11-01 as recommended. YEA: Stovall, Bonebrake NAY: Brown, Ross Motion failed 2-2. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2011-06, AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT OF WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT FOR PROJECT NO, STP-172A (462) UR, JOB NO. 26599 (04), 106TH AND GARNETT INTERSECTION IMPROVEMENTS, BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO Mr. Feary presented the item, recommending City Council approval of Resolution No. 2011-06. Mr, Stovall moved, seconded by Mr. Brown, to approve Resolution No. 2011-06, as recommended. YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4-0. 4 Owasso City Council July 19, 2011 ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2011-07, AUTHORIZING THE MAYOR TO EXECUTE A RIGHT OF WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT FOR PROJECT NO. STP-172A (346) IG, JOB NO. 24037 (04), 86TH STREET NORTH MEMORIAL DRIVE TO MAIN STREET WIDENING PROJECT, BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO Mr. Feary presented the item, recommending City Council approval of Resolution No. 2011-07. Mr. Ross moved, seconded by Mr, Brown, to approve Resolution No, 2011-07, as recommended, YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4-0, ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2011-08, REQUESTING THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) TO CONSIDER THE CONSTRUCTION PHASE OF THE EAST 76TH STREET NORTH IMPROVEMENT PROJECT AS A CANDIDATE FOR FEDERAL FUNDING ASSISTANCE THROUGH THE SURFACE TRANSPORTATION PROGRAM Mr. Stevens presented the item, recommending City Council approval of Resolution No. 2011-08, Mr, Brown moved, seconded by Mr, Stovall, to approve Resolution No. 2011-08, as recommended. YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4-0, ITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO CITY COUNCIL APPROVAL OF THE MAYOR'S APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Mr. Brown moved, seconded by Mr. Stovall, to approve the Mayor's appointments to various boards and commissions. YEA: Stovall, Bonebrake, Ross, Brown NAY: None Motion carried 4-0. ITEM 19. REPORT FROM CITY MANAGER Mr. Ray provided a report on recent City activities and events. ITEM 20. REPORT FROM CITY ATTORNEY No report. 5 Owasso City Council July 19, 2011 ITEM 21. REPORT FROM CITY COUNCILORS Members of the City Council provided a report on recent and upcoming City and Council member activities. ITEM 22. NEW BUSINESS None. ITEM 23. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(1). Mr. Stovall moved, seconded by Mr. Brown, to enter into executive session. YEA: Stovall, Bonebrake, Ross, Brown NAY: None Motion carried 4-0. The Council entered into Executive Session at 8:21 p.m. and returned at 9:01 p.m. ITEM 24. ADJOURNMENT Mr. Brown moved, seconded by Mr. Ross, to adjourn the meeting. YEA: Stovall, Bonebrake, Ross, Brown NAY: None Motion carried 4-0 and the meeting was adjourned at 9:02 p.m. Doug Bonebrake, Mayor Klan Kamas, Minute Clerk 6 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL TREASURER PETTY CASH CC REFUND-LOPEZ 50.00 TREASURER PETTY CASH CC REFUND-ROWDEN 50.00 TREASURER PETTY CASH CC REFUND-MCKINNEY 50.00 TREASURER PETTY CASH OC REFUND-HERRON 100.00 TREASURER PETTY CASH CC REFUND-HILL 50.00 TREASURER PETTY CASH OC REFUND-SANDOVAL 100.00 TREASURER PETTY CASH LIAB EVID 2011-1841 210.00 TREASURER PETTY CASH CC REFUND-EFFINGER 50.00 TREASURER PETTY CASH CC REFUND-FISHER 50.00 AEP/PSO ELECTRIC USE 9.87 TOTAL GENERAL 719.87 MANAGERIAL JPMORGAN CHASE BANK MEETING EXPENSE 31.43 JPMORGAN CHASE BANK TCC PRESENTATION 32.20 JPMORGAN CHASE BANK MEETING EXPENSE 25.04 JPMORGAN CHASE BANK ECON DEV MEETING EXPENSE 40.23 JPMORGAN CHASE BANK MEETING EXPENSE-PARK 44.89 JPMORGAN CHASE BANK COMMUNITY RELATIONS 43.18 JPMORGAN CHASE BANK MEETING EXP-LEGISLATIVE 15.53 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 14.84 JPMORGAN CHASE BANK JIM NORTON-CITY CAR MAINT 105.00 JPMORGAN CHASE BANK OML-TRAINING 255.00 JPMORGAN CHASE BANK COUNCIL WORKSESSION 46.25 JPMORGAN CHASE BANK MEETING EXPENSE 49.66 JPMORGAN CHASE BANK COMMUNITY RELATIONS 31.09 JPMORGAN CHASE BANK ECON DEVELOPMENT MTG EXP 11.38 JPMORGAN CHASE BANK PIKEPASS-FEES 1.70 TOTAL MANAGERIAL 747.42 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 90.95 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 31.37 JPMORGAN CHASE BANK OFFICE DEPOT-DIVIDERS/TAB 24.96 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 23.42 TREASURER PETTY CASH TRAVEL EXPENSE 17.21 TREASURER PETTY CASH GFOAO DUES 25.00 COLE & REED, P.C. PROFESSIONAL FEES-AUDIT 4,350.00 TOTAL FINANCE 4,562.91 HUMAN RESOURCES JPMORGAN CHASE BANK CHARACTER-BULLETINS 557.20 TREASURER PETTY CASH NOTARY BOND-SOLENBERGER 10.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 16.52 JPMORGAN CHASE BANK LINKEDIN-JOB POSTING 95.00 JPMORGAN CHASE BANK OML-ADVERTISING 20.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 49.80 Page 1 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni HUMAN RESOURCES... JPMORGAN CHASE BANK THE OKLAHOMAN-ADVERTISING 266.09 JPMORGAN CHASE BANK SAFETY COUNCIL MEETING 9.30 TOTAL HUMAN RESOURCES 1,023.91 GENERAL GOVERNMENT ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 35.00 AEP/PSO ELECTRIC USE 4,849.92 COMMUNITY PUBLISHERS INC PUBLICATION FEE 285.60 IKON OFFICE SOLUTIONS, INC COPIER SERVICE 381.72 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 63.36 AT&T LONG DISTANCE LONG DISTANCE SERVICE 127.08 JPMORGAN CHASE BANK AMERICAN WASTE-REFUSE 140.35 CINTAS CORPORATION CARPET/MAT CLEANING 33.69 TULSA COFFEE SERVICE INC COFFEE SUPPLIES 127.52 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 31.68 XEROX CORPORATION COPIER SERVICE/SUPPLIES 773.76 JPMORGAN CHASE BANK MAILFINANCE-POSTAGE LEASE 389.00 MCAFEE & TAFT LEGAL-ADAMS 1,513.75 TOTAL GENERAL GOVERNMENT 8,752.43 COMMUNITY DEVELOPMENT WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 11.98 JPMORGAN CHASE BANK APA-DUES/STEPHENSON 210.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 15.99 SPRINT SPRINT CARDS 79.98 TOTAL COMMUNITY DEVELOPMENT 317.95 ENGINEERING SPRINT SPRINT CARDS 119.97 JPMORGAN CHASE BANK BARNES&NOBLE-TRAINING 13.86 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS/HENDERSON 30.00 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 TOTAL ENGINEERING 220.23 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK PIKEPASS-FEES 7.80 USA MOBILITY WIRELESS, INC PAGER USE 8.70 JPMORGAN CHASE BANK HOSTICA-DOMAIN RENEWAL 8.95 SPRINT SPRINT CARDS 116.96 TOTAL INFORMATION TECHNOLOGY 142.41 SUPPORT SERVICES SPRINT SPRINT CARDS 79.98 JPMORGAN CHASE BANK LOWES-PAINT SUPPLIES 203.63 JPMORGAN CHASE BANK LOWES-PAINT SUPPLIES 11.22 JPMORGAN CHASE BANK LOWES-FACE PLATES 20.00 Page 2 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 2.84 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 19.49 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 JPMORGAN CHASE BANK HOME DEPOT-A/C REPAIR 47.97 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 JPMORGAN CHASE BANK OFFICE DEPOT-MOUSE/POINT 80.47 JPMORGAN CHASE BANK RED BUD AIR FILTER-FILTER 677.20 JPMORGAN CHASE BANK TARGET-FAN FOR OC 15.99 JPMORGAN CHASE BANK CLEAN FREAKS-SUPPLIES 21.99 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 381.60 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 COX COMMUNICATIONS INTERNET SVC FOR OC 7/7/1 69.95 TOTAL SUPPORT SERVICES 1,690.08 CEMETERY AEP/PSO ELECTRIC USE 38.77 TOTAL CEMETERY 38.77 POLICE SERVICES AEPIPSO ELECTRIC USE 3,003.53 JPMORGAN CHASE BANK TRAINING EXPENSE 12.00 JPMORGAN CHASE BANK TRAINING EXPENSE 12.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 128.81 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY12 157.50 SAV-ON PRINTING & SIGNS LLC BROCHURES 240.00 SPRINT SPRINT CARDS 479.88 AT&T LONG DISTANCE LONG DISTANCE SERVICE 127.08 JPMORGAN CHASE BANK SPECIAL OPS-FLASHLGT BULB 63.96 JPMORGAN CHASE BANK TRAINING EXPENSE 12.62 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 193.91 JPMORGAN CHASE BANK USPS-STAMPS FOR BLOOD KIT 10.42 JPMORGAN CHASE BANK FLEXISHELFS-VAN STEPS 780.00 JPMORGAN CHASE BANK LOWES-ROLATAPE 31.97 JPMORGAN CHASE BANK TRAINING EXPENSE 14.75 JPMORGAN CHASE BANK EMBLEM ENTERPRISE-STRIPES 110.50 USA MOBILITY WIRELESS, INC PAGER USE 70.10 TOTAL POLICE SERVICES 6,449.03 POLICE COMMUNICATIONS USA MOBILITY WIRELESS, INC PAGER USE 17.40 JPMORGAN CHASE BANK WALMART-PRISONER SUPPLIES 65.34 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 88.52 JPMORGAN CHASE BANK TRAVIS VOICE-INPUT BOARD 95.00 DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE 450.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 147.16 AEP/PSO ELECTRIC USE 168.81 Page 3 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL POLICE COMMUNICATIONS 1,032.23 ANIMAL CONTROL AEP/PSO ELECTRIC USE 332.45 JPMORGAN CHASE BANK DELL-DESKTOP/MONITOR 1,381.89 JPMORGAN CHASE BANK GALLS-UNIFORM BOOTS 120.29 ANNE K. KARN SPAY AND NEUTER 665.00 JPMORGAN CHASE BANK OKLA POLICE-PHONE BELT 39.99 JPMORGAN CHASE BANK WALMART-SUPPLIES 174.33 JPMORGAN CHASE BANK OKLA POLICE SUPPLY-UNIFOR 57.45 JPMORGAN CHASE BANK GALLS-BOOTS 113.04 JPMORGAN CHASE BANK AUTOZONE-SUPPLIES 23.09 JPMORGAN CHASE BANK BEST BUY-TERMAL TAKE 70.52 AT&T LONG DISTANCE LONG DISTANCE SERVICE 3.72 JPMORGAN CHASE BANK JG UNIFORMS-UNIFORM 131.96 JPMORGAN CHASE BANK BEST BUY-RETURN -7.59 JPMORGAN CHASE BANK 5.1 TACTICAL-UNIFORM 219.96 JPMORGAN CHASE BANK MACS CLEANERS-PATCHES 24.00 JPMORGAN CHASE BANK OREILLY-MINI LAMP 6.28 JPMORGAN CHASE BANK OFFICE DEPOT-CHAIR FOR AC 99.99 JPMORGAN CHASE BANK OFFICE DEPOT-CHAIR FOR AC 108.51 TOTAL ANIMAL CONTROL 3,564.88 FIRE SERVICES JPMORGAN CHASE BANK ACADEMY-APPAREL 99.99 JPMORGAN CHASE BANK OK POLICE SUPPLY-APPAREL 25.00 JPMORGAN CHASE BANK WALMART-DISH SOAP 5.14 JPMORGAN CHASE BANK KOHL'S-APPAREL 51.00 JPMORGAN CHASE BANK SEW IT-ALTERATIONS 20.00 JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 17.39 JPMORGAN CHASE BANK KNOX CO-KEY SAFES 2,670.00 JPMORGAN CHASE BANK SHOE CARNIVAL-APPAREL 49.98 JPMORGAN CHASE BANK HOME DEPOT-AIR COMPRESSOR 239.00 JPMORGAN CHASE BANK BMC-ENTRY PHYSICAL 75.00 JPMORGAN CHASE BANK BMC-ENTRY PHYSICAL 475.00 JPMORGAN CHASE BANK BMC-PENSION PHYSICAL 475.00 JPMORGAN CHASE BANK FIRE ENGINEERING-SUBSCRIP 29.00 USA MOBILITY WIRELESS, INC PAGER USE 54.05 JPMORGAN CHASE BANK INTERVIEW PANEL EXPENSE 46.54 JPMORGAN CHASE BANK ATWOODS-WATER COOLER 26.99 JPMORGAN CHASE BANK ATWOODS-APPAREL 13.49 JPMORGAN CHASE BANK AMSAN-SUPPLIES 521.66 AT&T MOBILITY WIRELESS SERVICE 50.30 JPMORGAN CHASE BANK INTERVIEW PANEL EXPENSE 76.32 JPMORGAN CHASE BANK WALMART-HYDRATION SUPPLY 77.68 JPMORGAN CHASE BANK STROUD SAFETY-VESTS 150.00 JPMORGAN CHASE BANK FAMOUS FOOTWEAR-UNIFORM 59.99 Page 4 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amounl FIRE SERVICES... JPMORGAN CHASE BANK JCPENNEY-APPAREL 39.99 JPMORGAN CHASE BANK WALMART-CLEANING SUPPLIES 46.78 SPRINT SPRINT CARDS 319.92 AT&T LONG DISTANCE LONG DISTANCE SERVICE 26.42 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 99.99 JPMORGAN CHASE BANK OK FIRE CHIEFS-ASSN DUES 182.00 JPMORGAN CHASE BANK FIRE PROTECTION-MANUALS 1,147.19 JPMORGAN CHASE BANK KOHL'S-APPAREL 47.58 JPMORGAN CHASE BANK KOHL'S-UNIFORM APPAREL 19.99 JPMORGAN CHASE BANK KOHL'S-UNIFORM APPAREL 35.98 JPMORGAN CHASE BANK KOHL'S-UNIFORM APPAREL 35.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 70.29 JPMORGAN CHASE BANK FLEET FEET-UNIFORM 105.00 JPMORGAN CHASE BANK TRACE ANALYTICS-AIR SAMPL 306.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 13.64 JPMORGAN CHASE BANK ACADEMY-APPAREL 99.99 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 68.97 JPMORGAN CHASE BANK ATWOODS-APPAREL 62.47 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 129.96 JPMORGAN CHASE BANK WALMART-ST#3 CLEANING SUP 86.53 JPMORGAN CHASE BANK FLEET DISTRIB-REPAIR PART 510.22 JPMORGAN CHASE BANK RUNNERS WORLD-APPAREL 95.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 153.26 JPMORGAN CHASE BANK ACADEMY-APPAREL 89.98 JPMORGAN CHASE BANK ACADEMY-UNIFORM APPAREL 99.99 AEPIPSO ELECTRIC USE 3,777.75 JPMORGAN CHASE BANK PIKEPASS-FEES 2.90 JPMORGAN CHASE BANK EQUIP ONE-SAW REPAIR 350.00 JPMORGAN CHASE BANK TARGET-APPAREL 12.49 JPMORGAN CHASE BANK TJ MAXX-UNIFORM APPAREL 60.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 32.59 JPMORGAN CHASE BANK LOWES-ST3 CLNING SUPPLIES 69.38 JPMORGAN CHASE BANK SHOE CARNIVAL-APPAREL 112.48 JPMORGAN CHASE BANK SHOE CARNIVAL-APPAREL 49.98 JPMORGAN CHASE BANK FLEET FEET-SHOES/STUCKEY 115.00 JPMORGAN CHASE BANK INTERVIEW PANEL EXPENSE 31.43 TOTAL FIRE SERVICES 13,816.62 EMERGENCY PREPAREDNES SPRINT SPRINT CARDS 39.99 JPMORGAN CHASE BANK LOWES-DOORS EOC REMODEL 240.00 JPMORGAN CHASE BANK LOWES-RETURN DOORS -546.00 AEP/PSO ELECTRIC USE 109.10 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 13.44 JPMORGAN CHASE BANK LOWES-EOC MTG RM SUPPLIES 81.23 AT&T LONG DISTANCE LONG DISTANCE SERVICE 4.29 Page 5 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni EMERGENCY PREPAREDNES JPMORGAN CHASE BANK OK EMERG MGMT-DUES 70.00 JPMORGAN CHASE BANK LOWES-PAINT FOR EOC 68.06 TOTAL EMERGENCY PREPAREDNESS 80.11 STREETS JPMORGAN CHASE BANK LOWES-KEYS FOR SHOP DOOR 5.34 JPMORGAN CHASE BANK EQUIP ONE-PROPANE 14.73 JPMORGAN CHASE BANK AMER PUBLIC WORKS-DUES 145.00 USA MOBILITY WIRELESS, INC PAGER USE 43.50 SPRINT SPRINT CARDS 119.97 JPMORGAN CHASE BANK ARMOR-SAFETY SUPPLIES 38.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 35.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 60.00 TWIN CITIES READY MIX, INC CONCRETE FOR 118 CT N 2,262.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 118 CT N 1,638.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 118 CT N 1,560.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 118 CT N 1,638.00 JPMORGAN CHASE BANK EQUIP ONE-PROPANE 14.73 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 118 CT N 234.00 SIGNALTEK INC TRAFFIC CONTROLS MAINT 2,047.55 JPMORGAN CHASE BANK PIKEPASS-FEES 4.05 AEP/PSO ELECTRIC USE 1,266.16 UNIFIRST HOLDINGS LP UNIFORM RENTAL 35.39 UNIFIRST HOLDINGS LP UNIFORM RENTAL 37.09 JPMORGAN CHASE BANK ATWOODS-HOSE CLAMPS 4.28 TOTAL STREETS 11,202.79 STORMWATER JPMORGAN CHASE BANK HYATT-SWTR CONFERENCE 753.96 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.51 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.51 JPMORGAN CHASE BANK EQUIP ONE-MOWER REPAIR 1,483.75 JPMORGAN CHASE BANK OREILLY-OIL/FILTERS 48.29 JPMORGAN CHASE BANK ARMOR-SAFETY SUPPLIES 37.96 SPRINT SPRINT CARDS 159.96 USA MOBILITY WIRELESS, INC PAGER USE 52.20 TOTAL STORMWATER 2,617.14 PARKS JPMORGAN CHASE BANK QTRIP-FUEL 51.69 AT&T LONG DISTANCE LONG DISTANCE SERVICE 11.23 MARSHALL GROSS MOWINGS 680.94 ELAINE WILLSON RESTROOM SERVICES 1,470.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 13.15 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 66.50 ADT SECURITY SERVICES INC SECURITY SERVICES 56.67 TUCKER CHEMICAL, INC. RESTROOM SUPPLIES 950.90 Page 6 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni PARKS... OLEN MASINGALE MOWING AT ELM CREEK 630.00 OLEN MASINGALE MOWING AT ATOR PARK 195.00 OLEN MASINGALE MOWING AT CENTENNIAL 1,950.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 13.15 JPMORGAN CHASE BANK P&K EQUIP-MOWER/LINE 9,704.94 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 2.99 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 17.93 AEP/PSO ELECTRIC USE 1,751.86 SPRINT SPRINT CARDS 39.99 TOTAL PARKS 17,606.94 COMMUNITY CENTER AEP/PSO ELECTRIC USE 1,986.28 JPMORGAN CHASE BANK CHARACTER-BULLETINS 25.87 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 88.70 JPMORGAN CHASE BANK TARGET-CLEANING SUPPLIES 8.11 JPMORGAN CHASE BANK WATER PROD-PRESSURE VALVE 51.25 A PLUS SERVICE INC A/C REPAIRS COMM CTR 120.00 JPMORGAN CHASE BANK SAM'S-100 VINYL CHAIRS 1,987.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 4.65 JPMORGAN CHASE BANK LOWES-HOSE FITTING 3.49 JPMORGAN CHASE BANK AT&T-MODEM FOR COM CTR 75.00 JPMORGAN CHASE BANK LOWES-HOSE REPAIR 1.78 TOTAL COMMUNITY CENTER 4,352.13 HISTORICAL MUSEUM EMTEC PEST CONTROL, INC PEST CONTROL 200.00 AEP/PSO ELECTRIC USE 182.15 TOTAL HISTORICAL MUSEUM 382.15 ECONOMIC DEV SPRINT SPRINT CARDS 39.99 TOTAL ECONOMIC DEV 39.99 FUND GRAND TOTAL 78,359.9 AMBULANCE SPRINT SPRINT CARDS 199.95 JPMORGAN CHASE BANK ALLMED-SUPPLIES 1,467.71 MEDICLAIMS INC BILLING SERVICES 5,137.50 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 515.37 JPMORGAN CHASE BANK SAFELITE-WINDSHIELD 338.60 JPMORGAN CHASE BANK VIDACARE-SUPPLIES 1,423.68 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 296.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,528.10 JPMORGAN CHASE BANK ZOLL MEDICAL-EQUIP REPAIR 1,236.45 JPMORGAN CHASE BANK PSI-SUPPLIES 205.44 Page 7 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni AMBULANCE... JPMORGAN CHASE BANK B&M EXHAUST-REPAIR MEDIC2 621.23 JPMORGAN CHASE BANK FULLERTON-OXYGEN 43.50 JPMORGAN CHASE BANK PSI-SUPPLIES 92.08 JPMORGAN CHASE BANK AW DIRECT-TOOLS 171.69 TOTAL AMBULANCE 13,277.30 FUND GRAND TOTAL 13,277.3 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK OWASSO GOLF-WATER 25.96 JPMORGAN CHASE BANK ANCHOR PAINT-SUPPLIES 12.32 SPRINT SPRINT CARDS 39.99 TOTAL STRONG NEIGHBORHOODS 78.27 FUND GRAND TOTAL 78.2 STORMWATER - STORMWATI LOT MAINTENANCE OF OKLAHOMA, INC. MOWING/LITTER PICK UP 4,427.00 INDIAN NATIONS COUNCIL OF GOVERNMEN FY 11-12 STORMWATER MANAG 3,500.00 USGS NATIONAL CENTER JOINT FUNDING AGREEMENT 4,500.00 TOTAL STORMWATER - STORMWATER 12,427.00 THREE LAKES POND DREDGI EARTH SMART CONSTRUCTION INC THREE LAKES POND MAINTENA 67,747.50 TOTAL THREE LAKES POND DREDGING 67,747.50 FUND GRAND TOTAL 80,174.5 CI - 86 STIR MAIN--MEM WAGNON CONSTRUCTION RELOCATE SCOREBOARD 8,400.00 TOTAL CI - 86 STIR MAIN--MEM 8,400.00 CI - 106/GARNETT INTERSEC PSA-DEWBERRY INC ENGINEERING SERVICES 1,485.00 TOTAL CI - 1061GARNETT INTERSEC 1,485.00 FUND GRAND TOTAL 9,885.0 CITY GARAGE JPMORGAN CHASE BANK TATE BOYS-TIRES 493.16 JPMORGAN CHASE BANK CASECO-HANDLE/LOCK SET 109.87 AT&T MOBILITY WIRELESS SERVICE 58.59 AEP/PSO ELECTRIC USE 408.68 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 10.44 JPMORGAN CHASE BANK MITCHELL-SUBSCRIPTION 1,608.00 JPMORGAN CHASE BANK OREILLY-SHOP SUPPLIES 23.96 JPMORGAN CHASE BANK OREILLY-MAINT SUPPLIES 67.60 Page 8 Claims List 08/02/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE... JPMORGAN CHASE BANK OREILLY-PARTS RESALE 4,098.13 JPMORGAN CHASE BANK FASTENAL-NUTS/BOLTS 16.32 JPMORGAN CHASE BANK B&M OIL-PARTS RESALE 973.50 JPMORGAN CHASE BANK UNITED FORD-A/C PARTS 236.96 JPMORGAN CHASE BANK UNITED FORD-PARTS RESALE 412.65 AT&T LONG DISTANCE LONG DISTANCE SERVICE 5.35 JPMORGAN CHASE BANK UNITED FORD-A/C PARTS 377.76 JPMORGAN CHASE BANK B&M EXHAUST-MUFFLER 118.90 JPMORGAN CHASE BANK B&M EXHAUST-CAT CONVERTOR 450.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 TOTAL CITY GARAGE 9,569.68 FUND GRAND TOTAL 9,569.6 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 342.00 TOTAL WORKERS' COMP SELF-INS 2,418.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 166.76 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 22.52 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 58.85 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 136.51 TREASURER PETTY CASH COPAY-FLOYD 75.00 TOTAL WORKERS' COMP SELF-INS 459.64 FUND GRAND TOTAL 2,877.6 GEN LIAB-PROP SELF INS PRO-FENCE INSTALL KEY PAD WWTP 568.00 JPMORGAN CHASE BANK STREET LAMPS-MAILBOX REP 82.47 TOTAL GEN LIAB-PROP SELF INS 650.47 FUND GRAND TOTAL 650.4 CITY GRAND TOTAL $194,872.85 Page 9 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 8/2/11 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL AMOUNT 40,146.95 92,492.40 16,620.04 21,284.68 170,544.07 5,531.63 2,775.35 8,306.98 HEALTHCARE SELF INSURANCE FUND TOTAL 178,851.05 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/16/2011 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,217.01 Managerial 19,687.94 27,230.14 Finance 12,639.63 19,766.55 Human Resources 6,283.65 10,312.38 Community Development 10,731.42 16,423.79 Engineering 14,450.83 20,854.15 Information Systems 9,320.16 14,702.55 Support Services 6,655.31 9,439.81 Police 98,318.25 153,195.67 Central Dispatch 15,256.25 26,010.80 Animal Control 2,258.40 3,556.05 Fire 107,324.62 153,424.80 Emergency Preparedness 2,818.43 4,573.59 Streets 5,644.10 9,978.15 Stormwater/ROW Maint. 5,886.51 9,222.28 Park Maintenance 9,486.58 15,314.65 Community-Senior Center 3,090.01 5,175.39 Historical Museum 540.00 606.31 Economic Development 2,876.92 3,793.93 General Fund Total 337,855.32 509,798.00 Garage Fund Total 4,103.59 6,794.61 Ambulance Fund Total 27,679.66 39,756.70 Emergency 911 Fund Total - Worker's Compensation Total 1,484.16 1,764.50 Strong Neighborhoods 2,102.12 3,167.70 Garnett Detention Pond 0.00 The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 992 DATE: July 29, 2011 BACKGROUND: At the July 19, 2011 meeting, the Owasso City Council approved a request to rezone a 2.2 acre tract located in the southwest quarter of Section 17, Township 21 North, Range 14 East from Agricultural (AG) to a Commercial General (CG) District. Attached is a copy of Ordinance No. 982, which formally adopts the City Council's action of July 19, 2011. The Council took action on this rezoning request following the Planning Commission's approval on July 11, 2011. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 992. ATTACHMENTS: 1. Ordinance No. 992 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 992 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-11-03 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRICULTURAL DISTRICT TO A CG COMMERCIAL GENERAL DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 11-03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. The zoning classification of the following described property, to wit: A tract BEGINNING 594 feet West of the Southeast Corner of the Southwest Quarter of the Southwest Quarter (SW/4 SW/4) of Section Seventeen (17), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States Government Survey thereof; thence West 399.3 feet; thence North 300 feet; thence East 399.3 feet; thence South 300 feet to the Point of Beginning, Less and Except the South 60 feet thereof. The property is further described as 11415 East 96 Street North and is approximately 2.431 acres. be, and the same is hereby zoned from AG AGRICULTURAL to CG Commercial General District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. City of Owasso Ordinance No. 992 PASSED AND APPROVED this 2nd day of August, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney r 0 City Wit tr>~rt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster ~ Human Resources Director SUBJECT. OMRF Retirement Request DATE: July 29, 2011 BACKGROUND: Oklahoma Municipal Retirement Fund (OMRF), the retirement plan for non-police and fire employees, requires the City Council acting as the OMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to vested employees under the age of 55. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. Employees are encouraged to select the applicable retirement option at the time of termination; however, if an employee is eligible for Deferred Retirement, but is unsure at what age he/she would like to "defer" the benefits, the employee can elect to make that decision at a future date. Regena Frick resigned from the City of Owasso on June 7, 2000. At the time of her resignation Ms. Frick had been an employee of the City of Owasso and a participant in the OMRF retirement plan for eight years. Ms. Frick has submitted an Application for Early Retirement effective August 1, 2011 and meets the required age prerequisite for Early Retirement. RECOMMENDATION: Staff recommends approval of Ms. Frick's application for Early Retirement benefits. OCity Witi7aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Sanitary Sewer System at Quick Trip #22 DATE: July 29, 2011 BACKGROUND: The subject commercial property is located on the southeast corner of East 86th Street North and North 129th East Avenue. The infrastructure improvement consisted of replacing an existing line with ductile iron pipe; therefore, no Department of Environmental Quality permit was issued. Final inspection for the sewer system was conducted in April of 2011 by the Owasso Public Works Department. All items identified at the final inspection requiring correction to meet city standards have been completed. As-Built drawings for the sewer system have been supplied to Public Works and have been approved. The construction contractors have supplied the required two (2) year maintenance bonds for the sanitary sewer system (see attached). RECOMMENDATION: Staff recommends acceptance of the Sanitary Sewer system at Quick Trip Store #22 ATTACHMENT: A. Site Map B. Bond Approval and Bonds Subject Property QuickTrip 1:4514 #22 07/26/2011 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information. Hancock, Brandon From: Lombardi, Julie Sent: Monday, December 22, 2008 3:45 PM To: Hancock, Brandon Subject: RE: Bond for Quick Trip Brandon, I have reviewed this bond and note that the Surety is licensed to do business in Oklahoma and the Attorney-in-Fact signature is valid. The amount of the bond is well within the company's Underwriting Limit. Therefore, the bond is approved. Julie Julie Trout Lombardi City Attorney City of Owasso 111 N. Main Owasso, OS 74055 (918) 376-1511 (918) 376-1599 fax From: Hancock, Brandon Sent: Tuesday, December 09, 2008 2:40 PM To: Lombardi, Julie; Feary, John Subject: Bond for Quick Trip Julie, I have forwarded you a bond for Quick Trip for your approval. Please reply to this email with your findings. Thanks Brandon Hancock Infrastructure Inspector Owasso Public Works office: 918 272-4959 fax: 918 272-4996 cell: 918 693-0373 bhancock@cityofowasso.com Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 105507191 KNOW ALL MEN BY THESE PRESENTS, That we W.N. Couch Contractors, a division of Sherwood Construction Co., Inc., as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Forty Three Thousand Seven Hundred Twelve and 00/100 ($43,712.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Quick Trip #22; 12902 East 86th St. North, Owasso, OK, Sanitary Sewer System, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: October 22, 2010 W.N. Contractors, a division of Sherwood Construction Co., Inc. 401 S. Memorial Drive, Tulsa, OK 74112 BY: hao W&u Travelers Casualty and Surety Company of America One Tower Square, Hartford CT 06183 (860) 277-0111 BY: Attorney f i*-Fact Attach Power of Attorney is AVELERS J~ Attorney-In Fact No. 221015 THE RED St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 1 7 7 2 1 3 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Melissa D. Evans, Patrick T. Pribyl, Debra J. Scarborough, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Claudia Mandato, Laura E. Coon, Jeffrey C. Carey, Kathy L. Fagan, Charles R. Teter III, Adam J. Cantu, Laura M. Murren, Nancy A. Clover, Mark Duggan, Charissa D. Wilson, Evan D. Sizemore, and David M. Lockton of the City of Kansas City , State of Missouri , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Colo 1 e have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of y Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 15th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pA51l,~ RE~4 A'. 61, 1N5 TY AND SUg q~ 1TYII~~__ O ~r - M'k9,. \ G P~ Uh'9s`' JP~ @.,. ET4 Y!' ~,ya0~~ ~'COR POR ! IGJ:~ 2C G,n O F~ 5b O ~4 Z >f ATF.= ` RPORAT tn: m 1 9 8 2 O i y 9~~ T~ ; m j i f f a HARTFORD, t HAWOFA 4 . t 1% o= w 1896 DONN. o + l O< gy c~ y 1951 ~.SEHL s~SEALr a€ Y H, for L _ a° 6 D L s' a ~ 1. * ~ emn u~~""O afHH# v:-•. [ 'd ~b a; '~~tl State of Connecticut City of Hartford ss. By: Att_,tj~_ Georg Thompson, enior ice President On this the 15th day of July 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. A1/8~1G 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Marie C. Tetreault, Notary Public THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company WARNING: THIS POWER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance- Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of OCT 2 2 2010 20 TKori Johans Assistant Secretary r G^ DU~(TL ~.$,~,"pW~jv'°ai9r J~'FI0.E k ~ya4 p\~N .lMSG9 JP~ INSUq`gts gJPtfY ANO S, F,µ65UN~y Y p Rlrr. CP ~ to G yr @:' ` s € c.:' '1 G •0{y' p~ ~~pF~ 5 0 77@@' ~ Mlt~t~t/ITr~ I: z ~I~~p POR.1TF~ ~~0.PORAf ` m z ~ ~ t ~ 1 9 8 2 O 1977 I f i F E ~ e a HAPTFORO< ~H5R7F6F0. ~ a ~h0 z ° * r 195 ' J` SEAL ions y. 9y~.~ D; o°1 ~ w CONN. n CONN $ N 896 ySNAIt.~ ay.. ...*a y F~ A!N To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED OeT City b+/itiaut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Water Line Improvements at Silver Creek Commercial DATE: July 29, 2011 BACKGROUND: The subject property is located on the northwest corner of East 86'h Street North and 145th East Avenue. Final inspection of the waterline improvements was conducted in May of 2011 by the Owasso Public Works Department. All items identified at the final inspection requiring correction to meet City standards have been completed. As-built drawings for the water line have been supplied to Public Works and have been approved. The construction contractors have supplied the required two (2) year maintenance bond (see attached). RECOMMENDATION: Staff recommends City Council acceptance of the water line at Silver Creek Commercial. ATTACHMENT: A. Site Map B. Bond approval by City Attorney and bond Subject Property Silver Creek 1:4514 Commercial 47126/2011 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information. Hancock, Brandon From: Lombardi, Julie Sent: Thursday, July 22, 2010 4:03 PM To: Hancock, Brandon Subject: RE: Silver Creek Commercial Waterline Bond Brandon, I have reviewed the maintenance bond for the privately financed public improvements in Silver Creek. The attorney-in-fact signature is authorized, the surety is licensed to do business in OK and the amount of the bond is within the surety's underwriting limit of $7,278,000. Therefore, the bond is approved. Thanks, Julie From: Hancock, Brandon Sent: Monday, July 19, 2010 8:51 AM To: Lombardi, Julie Cc: Feary, John Subject: Silver Creek Commercial Waterline Bond Julie- I am forwarding via interoffice mail a bond for you to review. After your research please respond to this email with your findings. Thanks in advance for your assistance. Brandon Hancock Infrastructure Inspector Owasso Public Works office: 918 272-4959 fax: 918 272-4996 cell: 918 693-0373 bhancock@citvofowasso.com 1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: OKC601899 KNOW ALL MEN BY THESE PRESENTS, That we, Bret Barnhart Jr., LLC, as Principal and American Safety Casualty Insurance Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Hundred Forty Three Thousand One Hundred Thirty Four dollars and sixteen cents ($143,134.16) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Silver Creek Commercial, an addition in the City of Owasso, for installation of water lines, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: July 15, 2010 Bret Barnh, t Jr. LC , Princ' al BY: American Safety Casualty Insurance Company, Surety BY: 4~ , Attorney-in-Fact Karen Wolfe e r AMERICAN SAFETY INSURANCE POWER OF ATTORNEY NUMBER OKC-601899 W40V/ ALL hU N BY TEMW PRESENTS, that American Safety Casualty Insurance Company bas made. constituted and appointed, and by these presents does constitute and appoints Louis Blosch, Shirlene Fruechting, Guy Landes, Jerry Hendon, Jo Karen Wolfe of Tulsa, OK laWfW attorney-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of surety to ALL OBLIGEES provided that no bond or undertaking This Power of Attorney is granted and on the Eighth day of September, 2003. the Board of Directors of the Company he President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority mg the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Compa suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of att RESOLVED FURM (i) when signed by the or any Vice-President c executed and sealed (if by the Company to sue Men signed by the President or agent; or (iii) when duly he power of attorney issued RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and affects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this Eighth day of September, 2003. Attest: ~andolph`\~cretary STATE OF GEORGIA Stephen R Crint, President COUNTY OF COBB 'weu?o rttuttsuu° On U Eighth day of September, 2003, before me personally carne Stephen R_ Crim, to me known, who, being by me duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed t0 the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. $AJV J~ Qbo moo;; t'rt y Rjo a o;• v Ruth .Bankston. Notary Public Ori ~yc10 1. the undersigned, Secretary of American Safety Casualty Insurance Company, a Oldahoma corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney retrains in full force and has not been revolted; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. ,ttu111nr Signed and Scaled at the City of Atlanta in the State of Georgia. 7 Q 4 4~Ee Dated the day of ~v t p ~Q wttuttuntttilt~ Rand I h 1. Hutto, SxrQtaary E)RIfI: ;lfSt)I Ifatil'Q3IEKUF_i~Jt1F2.i'f;F_IRGPRI~'1'1 111113#xE'DA{_V RICtL V 1fFERS DL PLIC tT1i:SSILiLL RATE PILL S. l1IL I (lRC'T.' l\~ EFFI CT _ 4,;.1A-0R1(-,T1".41- (INI 1, 11 HEM LSSUED IJ' C("lXJUNCTIU.V 117T11 Tflf' FJRI(;'LS:LL STEVEN A. THOMPSON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director February 18, 2010 Mr. Roger Stevens, Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. WL000072100053 Silver Creek Commercial Water Line Extension Facility No. 3002718 Dear Mr. Stevens: BRAD HENRY Governor Enclosed is Permit No. WL000072100053 for the construction of 851 linear feet twelve (12) inch PVC water line and all appurtenances to serve the Silver Creek Commercial, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on February 18, 2010. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Sincerely,\ /1 rt ~ v ' Steve o gard, P.E. Construc ion Permit Section Water Quality Division SH/ER/RC/ab Enclosure c: Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Ross C. Morris, P.E., Morris Engineering and Surveying 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1'077 printed on recycled paper with soy ink st The City Wit7aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bradd Clark Fire Chief SUBJECT: Purchase of Two (2) Fire Department Support Vehicles DATE: July 29, 201 1 BACKGROUND: Fire Department administrators routinely inspect and evaluate the motor fleet in order to determine the safety and reliability of the vehicles assigned to the Department. The vehicles are divided into two broad categories: emergency response vehicles and support vehicles. Emergency response vehicles are utilized for rapid emergency responses and are evaluated for safety and reliability to ensure a safe arrival at an emergency scene. Support vehicles are used to support fire department operations, and do not require the same level of reliability as emergency response vehicles. Support vehicles are evaluated instead for efficiency and maintenance costs, and are not necessarily part of a routine replacement program. The evaluations of the motor fleet are used as the basis for the vehicle replacement program used for Fire Department budgeting. Based upon the evaluation of the motor fleet, fire administrators are proposing the replacement of two support vehicles in the motor fleet. The vehicles identified for replacement are a 1993 Chevrolet Suburban utilized by the Fire Marshal and a 1994 Chevrolet Caprice formerly used as a firefighter transport vehicle for training and meetings around the State. The Chevrolet Suburban is a support vehicle utilized by the Fire Marshal for fire investigations, building site visits, facility inspections, and meetings. During these functions, the Fire Marshal utilizes a variety of tools and equipment that are carried in the vehicle. The tools and equipment include ladders, shovels, hand tools, remote scene lighting, evidence sampling kits, protective clothing, photography equipment, and building plans and documents. The Suburban currently has 149,978 miles and has become unreliable for travel to training classes and meetings outside the City of Owasso. The Caprice Classic car is a support vehicle that has been utilized to transport personnel in the past to training classes and meetings in the region and around Oklahoma. These travel events included firefighter and emergency medical training and specialty seminars and meetings in which Owasso Fire employees played a role. The Caprice currently has 132,788 miles and has been retired from transporting Fire Department employees to out of town functions due to its unreliability on extended trips. PROPOSED REPLACEMENT: Fire administrators have evaluated the effectiveness and efficiency of all support vehicles in the motor fleet. As the replacement of these two vehicles moved from planning items to budget proposals, Fire administrators sought to achieve increased operational and functional diversity within the Fire Department motor fleet. Fire administrators also sought to begin the implementation of compressed natural gas (CNG) as a fuel in the motor fleet. The first replacement vehicle proposal is for the Fire Marshal. Upon conducting a need analysis for the Fire Marshal, it was determined that a one-half ton pick-up truck with an extended cab would serve storage needs, and would cost considerably less than a replacement Suburban. The State of Oklahoma Vehicle Purchasing Contract Bid List was evaluated, and a specification was developed for the proposed vehicle and faxed to the contract vendor Hudiburg Auto Group. The quote for the proposed vehicle is $26,099. The second proposed purchase is a Chevrolet Tahoe for the Deputy Fire Chief, who serves as an emergency responder, as necessary. The State of Oklahoma Vehicle Purchasing Contract Bid List was evaluated, and a specification was developed for the proposed vehicle and faxed to the Contract vendor Ruble-Vance Chevrolet. The quote for the proposed vehicle is $31,132.90. Both proposed vehicles will be converted to compressed natural gas (CNG) upon delivery and will serve as tests for CNG as a motor fuel for emergency response vehicles. Both vehicles will provide Fire Department staff with the opportunity to evaluate CNG fuel in a variety of situations, prior to future emergency response vehicle purchases and CNG fuel conversions. The conversion will be funded by grant funds received by the City of Owasso, as administered by the Support Services Department. FUNDING: The Fire Department Capital Budget includes funding for the replacement of the Chevrolet Suburban and Chevrolet Caprice for $35,000 each. The budgeted amounts also include emergency lights, sirens, equipment, and lettering for the proposed vehicles. RECOMMENDATION: Staff recommends City Council approval to purchase one (1) 2012 Chevrolet Silverado 1500 pick-up in the amount of $26,099 from Hudiburg Auto Group of Oklahoma City; and approval to purchase one (1) 2012 Chevrolet Tahoe from Ruble-Vance Chevrolet of Perry, Oklahoma in the amount of $31,132.90. ATTACHMENTS: 1. Chevrolet Silverado Bid Quote 2. Chevrolet Tahoe Bid Quote SELECTED MODEL & OPTIONS SELECTED MODEL - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck Code Description VQ2 CK10953 2012 Chevrolet Silverado 1500 4WD Ext W/A Cab 157.5" Work Truck SELECTED VEHICLE COLORS - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck Code Description - Interior: No color has been selected. - Exterior 1: No color has been selected. - Exterior 2: No color has been selected. SELECTED OPTIONS - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck CATEGORY Code Description VQ2 SUSPENSION PKG Z85 SUSPENSION PACKAGE, HANDLING/TRAILERING, HEAVY-DUTY W/A includes 46 mm piston monotube shocks and 36mm front stabilizer bar (Included and only available with (Z82) Trailering package.) EMISSIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS W/A ENGINE LMG ENGINE, VORTEC 5.3L VARIABLE VALVE TIMING V8 SFI FLEXFUEL W/A WITH ACTIVE FUEL MANAGEMENT capable of running on unleaded or up to 85% ethanol (with gas - 315 hp [234.8 kW] @ 5200 rpm, 335 lb-ft of torque [452.2 N-m] @ 4000 rpm), iron block (STD) (Not available with CK10543 or CK10753 models.) TRANSMISSION MYC TRANSMISSION, 6-SPEED AUTOMATIC, ELECTRONICALLY W/A CONTROLLED with overdrive and tow/haul mode (STD) (Included and only available with (LMG) or (LC9) Vortec 5.3L engines or (L9H) Vortec 6.2L V8 SFI engine.) AXLE GU4 REAR AXLE, 3.08 RATIO (Refer to Engine/Axle chart for availability.) W/A PREFERRED EQUIPMENT GROUP 1 WT WORK TRUCK PREFERRED EQUIPMENT GROUP includes standard W/A equipment WHEELS PY9 WHEELS, 4 - 17" X 7.5" (43.2 CM X 19.1 CM) 6-LUG CHROME- W/A STYLED STEEL includes chrome center caps (spare wheel will not cosmetically match the other 4 wheels) (Included and only available with (PCX) LS Package.) TIRES QVL TIRES, P265/70R17 ALL-SEASON, BLACKWALL includes a blackwall W/A spare tire (STD) (Requires 4WD models.) PAINT SCHEME Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM @Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 1 SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck CATEGORY Code Description VQ2 PAINT SCHEME ZY1 PAINT, SOLID W/A PAINT 50U SUMMIT WHITE W/A SEAT TYPE AE7 SEATS, FRONT 40/20/40 SPLIT-BENCH, 3-PASSENGER, DRIVER W/A AND FRONT PASSENGER MANUAL RECLINING with outboard head restraints and center fold-down armrest with storage (STD) SEAT TRIM 88V DARK TITANIUM, VINYL SEAT TRIM (Vinyl seats require (BG9) Black W/A rubberized vinyl floor covering.) RADIO UM7 AUDIO SYSTEM, AM/FM STEREO with seek-and-scan and digital clock W/A (Not available with (U2K) SiriusXM Satellite Radio.) (STD) ADDITIONAL EQUIPMENT PCX LS PACKAGE includes (PY9) 4-17" x 7.5" (43.2 cm x 19.1 cm) 6-lug W/A chrome-styled steel wheels, (VG3) front chrome bumper and (V22) chrome surround grille (Requires Regular or Extended Cab models. If SEO paint is ordered (VG3) front bumper will be Black.) KC4 COOLING, EXTERNAL ENGINE OIL COOLER heavy-duty air-to-oil, W/A integral to driver side of radiator tank (Included and only available with (L9H) Vortec 6.2L V8 SFI engine or (K5L) Heavy Duty Cooling Package.) Z82 TRAILERING PACKAGE, HEAVY-DUTY includes trailering hitch W/A platform and 2-inch receiver, 7- wire harness (harness includes wires for: park lamps, backup lamps, right turn, left turn, electric brake lead, battery and ground) with independent fused trailering circuits mated to a 7-way sealed connector, wiring harness for after-market trailer brake controller (located in the instrument panel harness) and (KNP) external transmission oil cooler (with (MYC) 6-speed automatic transmission also includes (K5L) heavy-duty cooling package and (KC4) external engine oil cooler) (Not available with (LU3) Vortec 4.3L V6 MFI engine or (Z83) Solid Smooth Ride Suspension Package. Includes (Z85) Hand ling/Trailering Suspension Package. Also includes (G80) heavy- duty automatic locking rear differential on Retail orders only.) K5L HEAVY DUTY COOLING PACKAGE, HEAVY-DUTY includes (KC4) W/A external engine oil cooler, (KNP) auxiliary external transmission oil cooler, electric fan and heavy-duty radiator (Requires (MYC) 6-speed automatic transmission.) KNP COOLING, AUXILIARY EXTERNAL TRANSMISSION OIL COOLER, W/A HEAVY-DUTY AIR-TO-OIL (Included and only available with (Z82) Trailering Package, (VYU) Snow Plow Prep package or (K5L) Heavy Duty Cooling Package.) BUMPER, FRONT CHROME (Included and only available with (PCX) LS W/A Package. Includes chrome bumper bar and end caps with painted silver lower section.) V22 GRILLE, CHROME SURROUND (Included and only available with W/A (PCX) LS Package.) Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 2 SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck CATEGORY Code Description ADDITIONAL EQUIPMENT VQ2 DL8 MIRRORS, OUTSIDE HEATED POWER-ADJUSTABLE, BLACK, W/A MANUAL-FOLDING (Included and only available with (5135) power windows, locks and mirrors.) AJ1 GLASS, SOLAR-RAY DEEP-TINTED (all windows except light-tinted W/A glass on windshield and driver- and front passenger-side glass) (With Regular Cab models, includes rear window. With Extended Cab models, includes rear and rear quarter windows. With Crew Cab models or (C49) rear-window defogger, includes light-tinted rear window.) AU3 DOOR LOCKS, POWER includes Remote Keyless Entry (Standard on W/A Crew Cab models. Includes Remote Keyless Entry unless SEO (5135) power windows, locks and mirrors is ordered.) AUO REMOTE KEYLESS ENTRY with 2 transmitters, panic button and W/A content theft alarm, Optional on all models when SEO (5135) power windows, locks and mirrors is ordered (Requires SEO (5135) power windows, locks and mirrors.) V02 FLEET PROCESSING OPTION W/A SPECIAL EQUIPMENT OPTIONS 5135 WINDOWS, LOCKS AND MIRRORS, POWER deletes Remote Keyless W/A Entry. Provides power driver and passenger front side windows with uplevel door panels on a base trim level vehicle. Includes RPO (DL8) outside heated power-adjustable manual folding mirrors, RPO (AU3) power door locks and RPO (UQ3) speaker system. C/K' *43-53 models include rear door power windows and locks. Power mirrors can be upgraded to SEO (6P3) camper, power-adjustable glass, manual extendable, heated mirrors. (Remote Keyless Entry becomes optional on all models and SEO (AUO) Remote Keyless Entry must be ordered and priced if desired.) OPTIONS TOTAL STANDARD EQUIPMENT W/A STANDARD EQUIPMENT - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck ENTERTAINMENT • Audio system, AM/FM stereo with seek-and-scan and digital clock (Not available with (U2K) SiriusXM Satellite Radio.) • Audio system feature, speaker system (Included with (5135) power windows, doors and locks, SEO. Includes 4 speakers on Regular Cab models and 6 speakers on Extended and Crew Cab models.) • SiriusXM Satellite Radio, delete Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 3 STANDARD EQUIPMENT STANDARD EQUIPMENT - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck EXTERIOR • Wheels, 4 - 17" x 7.5" (43.2 cm x 19.1 cm) steel, 6-lug painted includes painted center caps (spare wheel will not cosmetically match the other 4 wheels) • Tires, P265/70R17 all-season, blackwall includes a blackwall spare tire (Requires 4WD models.) • Wheel, 17" (43.2 cm) steel spare (spare wheel will not cosmetically match the other 4 wheels) • Spare tire lock keyed cylinder lock that utilizes same key as ignition and door • Tire carrier, outside spare, winch-type mounted under frame at rear • Bumper, front Black (Includes Black bumper end caps.) • Bumper, rear chrome, step-style with pad • Air dam, Black • Grille, Black surround • Headlamps, dual halogen composite with automatic exterior lamp control and flash-to-pass feature • Lamps, dual cargo area lamps • Mirrors, outside manual, Black, manual-folding • Glass, Solar-Ray light-tinted, all windows • Wipers, front intermittent wet-arm with pulse washers • Door handles, Black • Pickup box, Fleetside Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 4 STANDARD EQUIPMENT STANDARD EQUIPMENT - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck INTERIOR • Seats, front 40/20/40 split-bench, 3-passenger, driver and front passenger manual reclining with outboard head restraints and center fold-down armrest with storage • Seat Trim, Vinyl (Vinyl seats require (BG9) Black rubberized vinyl floor covering.) • Seat, rear bench (folds up), full width, folding, 3-passenger (includes child seat top tether anchor) (Standard with Extended Cab models only.) • Floor covering, Black rubberized-vinyl • Steering column, Tilt-Wheel, adjustable with brake/transmission shift interlock • Steering wheel, includes theft-deterrent locking feature • Instrumentation, analog with speedometer, odometer, fuel level, engine temperature, and tachometer • Driver Information Center with odometer, trip odometer and message center (monitors numerous systems depending on vehicle equipment level including low fuel, turn signal "on", transmission temperature and oil change notification) (Driver Information Center controls are operated through the trip odometer button unless (UK3) steering wheel mounted audio controls is ordered. On 1 LT, 1 SF and 1 LZ, includes 8-point compass and outside temperature.) • Warning tones headlamp on, key-in-ignition, driver and passenger buckle up reminder and turn signal on • Air conditioning, single-zone manual front climate control • Windows, fixed, rear access door (Requires Extended Cab Models.) • Cruise control, electronic with set and resume speed, located on steering wheel • Cup holders, front (Also includes rear cupholders on Extended and Crew Cab models.) • Power outlets, 2 auxiliary instrument panel-mounted with covers, 12-volt • Mirror, inside rearview manual day/night • Visors, driver and front passenger, sliding, with clip and passenger side vanity mirror with cover, Opal Gray-colored • Assist handle, front passenger (Also includes rear assist handles in the headliner on Extended and Crew Cab Models.) • Coat hooks, rear driver and passenger side • Lighting, interior with dome and reading lights, illuminated entry feature and backlit instrument panel switches Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 5 STANDARD EQUIPMENT STANDARD EQUIPMENT - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck MECHANICAL • Engine, Vortec 5.3L Variable Valve Timing V8 SFI Flex Fuel with Active Fuel Management capable of running on unleaded or up to 85% ethanol (with gas - 315 hp [234.8 kW] @ 5200 rpm, 335 lb-ft of torque [452.2 N-m] @ 4000 rpm), iron block (Not available with CK10543 or CK10753 models.) • Transmission, 6-speed automatic, electronically controlled with overdrive and tow/haul mode (Included and only available with (LMG) or (LC9) Vortec 5.3L engines or (L9H) Vortec 6.2L V8 SFI engine.) • Rear axle, 3.08 ratio (Refer to Engine/Axle chart for availability.) • Suspension Package, Solid Smooth Ride includes 35 mm piston twin tube shocks and 36mm front stabilizer bar • GVWR, 7000 lbs. (3175 kg) (Requires CK10753, CK10953 or CK10543 models.) • Transfer case, with floor-mounted shifter (Requires 4WD models.) • Four wheel drive • Battery, heavy-duty 600 cold-cranking amps, maintenance-free with rundown protection and retained accessory power • Alternator, 145 amps • Recovery hooks, front, Black (Standard on 4WD Models. On 2WD models, available to order for Fleet or Government types only.) • Frame, fully-boxed, hydroformed front section • Suspension, front independent, coil over shock • Suspension, rear 2-stage multi-leaf springs, semi-elliptic • Steering, power, rack-and-pinion • Brakes, 4-wheel antilock, front disc/rear drum • Exhaust, aluminized stainless-steel muffler and tailpipe Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM @Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 6 STANDARD EQUIPMENT STANDARD EQUIPMENT - 2012 Fleet/Non-Retail CK10953 4WD Ext Cab 157.5" Work Truck SAFETY • StabiliTrak, stability control system with Proactive Roll Avoidance and traction control includes electronic trailer sway control and hill start assist • Daytime Running Lamps, with automatic exterior lamp control • Air bags, frontal, driver and right-front passenger with Passenger Sensing System (Always use safety belts and the correct child restraints for your child's age and size. Even in vehicles equipped with air bags and the Passenger Sensing System, children are safer when properly secured in a rear seat in the appropriate infant, child or booster seat. Never place a rear-facing infant restraint in the front seat of any vehicle equipped with an active frontal air bag. See the Owner's Manual and child safety seat instructions for more safety information.) • Air bags, head curtain side-impact, front outboard seating positions with rollover sensor (Head curtain side air bags are designed to help reduce the risk of head and neck injuries to front and rear seat outboard occupants on the near side of certain side-impact collisions. Always use safety belts and the correct child restraints for your child's age and size, even in vehicles equipped with air bags. Children are safer when properly secured in a rear seat in the appropriate infant, child or booster seat. See the Owner's Manual and child safety seat instructions for more safety information.) • Air bags, seat-mounted side-impact, driver and right-front passenger for thorax and pelvic protection (Head curtain side air bags are designed to help reduce the risk of head and neck injuries to front and rear seat outboard occupants on the near side of certain side-impact collisions. Always use safety belts and the correct child restraints for your child's age and size, even in vehicles equipped with air bags. Children are safer when properly secured in a rear seat in the appropriate infant, child or booster seat. See the Owner's Manual and child safety seat instructions for more safety information.) • OnStar, delete • Tire Pressure Monitor System (does not apply to spare tire) Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 182.0, Data updated 7/19/2011 2:16:00 PM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: July 22, 2011 10:19:07 AM Page 7 Ruble-Vance Chevrolet Fleet & Government Sales PO Box 628, Perry, Ok 73077 800-375-4471 x 173 Fax: 405-260-3010 Mark Stuckey City of Owasso 8901 N Garnett Owasso, OK 74055 Phone: (918)272-5253 Fax: (918)272-4998 a division of _.xi" it JOHN ANCE AUTO GROUP -Where it's comfortable to buy a car." Sales Quotation Questions? Please call Cameron Colter at 800-375-4471 x 173 Quote Number: 005928 Date 7/11/2011 Quote Expires: 8/10/2011 Qty Part # Description Price Extend SW035 OKLAHOMA STATE VEHICLE CONTRACT 1 1 11000009398 2012 CHEVROLET TAHOE $25,493.10 1 $25,493.10 1 SSV ,SPECIAL SERVICE VEHICLE - POLICE/FIRE $3,182.00 ; $3,182.00 * 4WD (non-pursuit rated) * CLOTH BUCKET SEATS w/ REMOVABLE ARMREST/CONSOLE * DRIVERS POWER SEAT * HD VINYL REAR SEAT * HD VINYL FLOOR COVERING * 17" GRAY STEEL WHEELS 1 1000009398-5T4 SPECIAL PAINT: VICTORY RED $403.75' $403.75 1 1000009398-9G3 Z71 OFF ROAD SUSPENSION $383.80 $383.80 1 1000009398-P101 ALL TERRAIN TIRES $132.00 $132.00 1 1000009398-P46 (ALUMINUM WHEELS $356.25, $356.25 1 11000009398-P70 ',REMOTE STARTER & KEYLESS ENTRY $172.001 $172.00 1 '1000009398-P71 DUAL BATTERIES $102.001 $102.00 1 1000009398-P72 'HD ALTERNATOR $0.0 $0.00 1 1000009398-P73 ''LOCKING DIFFERENTIAL $260.00'', $260.00 1 1000009398-P80 ,RUNNING BOARDS $0.001 $0.00 1 1000009398-P83 EXTRA KEY $48.001 , $48.00 1 '1000009398-P84 ADDITIONAL REMOTE $66.00 1 $66.00 1 1000009398-P85 DEEP TINTED GLASS $260.00 , $260.00 1 1000009398-P91 FRONT WIRING HARNESS $152.00 $152.00 1 1000009398-P92 WIRING, SPEAKERS, GRILL,& AUX $122.001: 1 $122.00 I accept the terms and conditions of this quotation. Signed: Name: Title: Terms: 1) TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE. 2) ALL FLEET REBATES & INCENTIVES INCLUDED IN TOTAL PRICE. 3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE 4) BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS ARRANGEMENTS ARE MADE. Thank you for the opportunity to be of service. Sub-Total $31,132.90 Tax Total $31,132.90 Dealer Approval: The City wit avt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinances Licensing and Regulating Massage Therapists and Massage Establishments DATE: July 29, 2011 BACKGROUND: The majority of municipalities have adopted ordinances regulating massage therapists and establishments even if there are no active massage parlors operating within the city or town. While it may appear cautionary to preemptively adopt ordinances of this type, it is difficult to enact policies regulating a particular type of business once a problem has arisen. Massage therapists and establishments in Oklahoma are neither licensed nor regulated by the State nor any other regulatory agency. Consequently, licensing criteria and enforcement of health and safety standards for massage establishments has, by default, become a local issue. PART 9 CHAPTER b MASSAGE THERAPISTS AND MASSAGE ESTABLISHMENTS: Staff proposes to add a new chapter containing regulations governing massage establishments and therapists to Part 9, Licensing and Business Regulations, in the Owasso Code of Ordinances. While there are no known massage establishments currently operating in Owasso, many of the local cosmetology salons have massage therapists on staff and offer a variety of full-body massages and related services. The proposed ordinance being drafted by staff exempts massages performed by persons employed in hospitals and the healthcare field as well as barbers and cosmetologists who perform only neck, arm and/or shoulder massages for cosmetic or relaxation purposes. The proposed ordinance requires pers ons performing massage therapy and/or operating a massage establishment to apply for a license from the City of Owasso. An applicant must be licensed or accredited by one of two national organizations: the American Massage Therapy Association or the National Certification for Therapeutic Massage and Bodyworks. Both organizations only grant certification to applicants who have met a number of requirements, including completion of training courses and an apprenticeship. Upon receipt of an application, City staff will request a background check on the applicant from the Owasso Police Department. Applications shall be denied or revoked if an applicant has been convicted of a felony, a sexual offense, an assault and battery, or a domestic violence offense. In addition, applicants must produce a certificate from a medical doctor designating that the applicant has been examined within the preceding thirty (30) days and is free of infectious diseases. The proposed ordinance would additionally require the massage establishment to visibly display its license, keep records of employees, treatments and clients, and notify the City of a change in its location. An appeal process for denial of an application or revocation of a license would also be established in the proposed ordinance. This process is identical to the appeal process approved by the City Council several months ago in amendments to the Solicitor and Mobile Food Vendor ordinances. Likewise, licenses issued to massage therapists and establishments must be renewed annually as is required Mobile Food Vendors. Staff has sought input and contribution from local massage therapists while drafting the proposed ordinances. Responses from those individuals have been positive, instructive, and helpful. FUTURE ACTION: Staff will present the proposed ordinance licensing and governing massage therapists and establishments to the City Council for review and consideration at the September work session. 2 The City Wit7out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Amendment of Part 4, Animal Regulations DATE: July 29, 2011 BACKGROUND: Staff has recently reviewed the current structure and organization of Part 4 of the Code of Ordinances, Animal Regulations. As a result of that process, staff has drafted proposed additions and amendments to the ordinances in Part 4 governing ownership of animals and livestock, service animals, emergency impoundments and the operation of pet stores. These amendments are necessitated by the City's continuing expansion and growth, the rising population of abandoned and stray animals, and the location of pet stores, kennels and other facilities offering domesticated animal services within the City. The amendments have additionally given staff an opportunity to remove outdated, unnecessary, and conflicting sections within this section of the Code. Maintenance of Livestock One of the most significant proposed changes to Part 4 amends current ordinances which prohibit maintenance of livestock within the city. An evaluation of this prohibition was initiated following a recent request for detachment by a landowner operating a horse stable and training facility. The proposed change to the ordinance will allow livestock to be kept by a landowner within the city limits if certain criteria and requirements are satisfied, such as installation of a fenced enclosure of a minimum of 1.5 acres in size, with all structures used to house or feed the animals set back a minimum of 50 feet from an adjoining landowner's property. One livestock animal will be permitted for each 1.5 acres within the fenced enclosure. Maintenance and Sale of Domesticated Animals A new section governing the maintenance and sale of domesticated animals by pet stores is also included in the proposed ordinance. The Code currently does not contain rules or regulations addressing the housing, health, or sale of animals by pet stores; as such, the City of Owasso's Animal Control Officers have no authority to inspect pet stores or require correction of unsanitary conditions or inhumane treatment of animals. In recent years, many large and small municipalities have enacted ordinances establishing minimum standards for the care, feeding, health, and sanitation of domesticated animals maintained and sold by pet stores within their boundaries. While most pet stores care for the animals they sell in an exemplary manner, it is important to note that pet stores in Oklahoma are not licensed by any state regulatory agency and thus are not subject to any state standards, oversight, or inspection. Accordingly, many municipalities have accepted this responsibility as a local issue and have adopted standards of pet store animal care to prevent unsanitary store facilities, the sale of diseased animals within the community, inadequate ventilation, and insufficient nutrition and hydration of the animals maintained in pet stores. Impoundment of Animals The proposed amendments to Part 4 also include a new section governing the impoundment of animals by the Police Department or Animal Control Officers resulting from emergencies such as fire, medical, hospitalization, or custody arrest of the owner. This section provides that, unless it is impossible to do so, Animal Control Officers will locate and notify an owner that their pet has been impounded by the City and the conditions under which the animal will be released. This provision additionally establishes a minimum holding period by the City after which, if the animal is not claimed by the owner or the owner's designee, the animal may be placed for adoption, transferred to a rescue organization or, if appropriate, euthanized. This section will primarily be applied in cases where the animal's owner is subject to a custody arrest while in a vehicle or dwelling with their pet present, and the owner, despite notification, chooses not to make arrangements for another person to retrieve the pet from the City's Animal Shelter. This provision will allow emergency impoundment animals to be treated in the same manner as other animals seized or received by the Animal Shelter. Service Animals A service animal exemption excepting trained service animals from the maximum number of animals a resident may own and keep is also included in the proposed ordinance. Currently, it is unlawful for a resident to maintain more than 2 dogs and 3 cats in the City of Owasso. Exemptions presently exist allowing animal rescues and foster programs to exceed the maximum number of pets if approved by the Chief of Police. The proposed change would allow persons with service animals to also apply for such an exemption if acquiring a service animal would cause them to otherwise exceed the allowed number of animals. Clean-up Issues and Animal Control Fee Schedule The remainder of the revisions within the proposed ordinance are recommended to "clean-up" and update Part 4, as well as eliminate any outdated, incorrect or conflicting provisions. Concurrent with the proposed additions and amendments to Part 4, staff will also present for Council consideration a list of the services performed by the Animal Control Division, a detailed breakdown of the City's costs to provide each of these services, and the current fee charged for each service. Recognizing that the fee charged by the City is in almost every case significantly lower than the actual cost to provide the service, small suggested increases to several fees for service are proposed. In some instances, the disparity between the City's actual cost and the fee assessed to the animal owner for the service is significant. Given that a number of these services are either performed at the request of the owner or necessitated by the owner's negligence or failure to secure and restrain their animal, staff believes the fee schedule with proposed increases should be presented for the City Council's review and consideration. FUTURE ACTION: Staff will again present to the City Council the proposed amendments of Part 4, "Animal Regulations," and the proposed increases fees charged by the Animal Control Division at the September work session for review and discussion. 2 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER 1, ANIMAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 4, CHAPTER 1 OF THE CITY OF OWASSO CODE OF ORDINANCES TO BE AMENDED AND CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE: Part Four, Animals, Chapter One, Animal' Regulations, of the Code 1 "Acceptable Collar." commerc homemade = collar y~ or harness capable of allowing a tag and/or be affixe ch does not cause injury to the animal; of Ordinances of the City of Owasso, Oklahoma, shall b 1: e: ~ d as follows: SECTION 4-101 DEFINITIONS ` The following words and phrases when s this chapter shall hf~Ye the meanings prescribed in this section except in those c"S2s where the context clet~y indicates a different meaning: 2. "Altered Anim altered to prevent the animal. Any a Which has been surgically , or impregnating, another 3. "Anim All ~9%_ classification: a invertebrate animals: Definitions for " Exotic v0 dlife means any and all species of wildlife laturally, or are characteristic of another country other ies, commonwealths or possessions; "Native life." 'Native wildlife means any and all species of wildlife C. icated Animals." Domesticated animals means any animal Commission; 4. "Animal Control Officer." The person or persons employed by the City in the Police Department under the control and supervision of the Chief of Police as the officer in charge with the duty of enforcing the provisions of this chapter and others relating to the control of animals, to include commissioned police officers; that are in ous to or ur naturally within the possession of the United States, or any other territar mon h, or possession of the United States; kept for pleasure or utility, that has been adapted to life in association with and to the use by human beings, and shall not include animals which normally can be found in the wild state, unless specifically so designated by the Oklahoma Wildlife Conservation 1 S. "Animal Shelter." Any premises officially designated by the City for the purpose of impounding and caring for all animals found at large or otherwise in violation of this chapter; 6. "At Large." Any animal shall be deemed at large when it is not under restraint; 7. "Confined on the Premises." The condition in which an animal is secured and physically kept, restrained, restricted or contained on and within the premises of the owner by means of walls, or enclosure, such enclosure being adequate to contain the animal at all times, 8. "Educational Purpose." Any educational activity related to the research and study of Equine or Bovine husbandry which is performed or administered by an educational facility or institution that is accredited by the State of Oklahoma. >r 4. "Enclosed Structure." A structure adequately constructed for purposes of stabling, maintaining or feeding livestock within a fenced enclosure. 10. "Enclosure." A structure suitable to confine an animal other than livestock. The structure shall be securely constructed atq , all secure sides, and shall be kept locked at all times. The design and construe`' 1 be adequate and sufficient to prevent the animal from escaping ; 'female in se 11. "Fenced Enclosure." An area no less than one and one-half (1.5) acre in size that is completely enclosed by a fence of sufficient height and strength to prevent the escape of livestock. s -iu other competent) contracting rabies dogs as CA lation administered by a veterinarian or :h reduces the likelihood of the animal person wfYReeps or harbors for profit more than two (2) age of ninety (90) days old. Such a person is classified a male dog or cat unable to reproduce. 15. competent Shelter. person who is eighteen years of age or older and legally into a contract acquiring a dog or cat from the City Animal 16. "Owner." Any person, firm or corporation owning, harboring or keeping an animal, except a kennel proprietor. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of tee< -%four (4) days or more, shall be deemed to be harboring or keeping the animal; 17. "Pet Shop." A commercial establishment selling dogs, cats, hamsters, birds, turtles and other similar small animals commonly owned as domesticated household pets. 2 18. "Provoked Hite." Any bite other than one defined by this section as a bite "without provocation.,, 14. "Restraint." An animal shall be deemed under restraint when: a. It is humanely controlled by a leash held by a competent person; or b. It is securely tethered in a humane manner within the property limits of its owner or keeper; or Under verbal control on private property. In all cases, restraints shall be sufficient to pre or having physical contact with any person, or with Any person fifty 21. "Spayed." A process of removal veterinarian or other person authorized by reproduce. c. The animal is confined on the premises of its "Sterilize." To spay or 23. "Tethered." A rope or so as to keep it within certain boL r; or from biting, attacking r cat by a unable to collar, to an animal, has not been spayed or neutered. 25. "Under ( his owner, member eight (8) feet in len urely held, restrained and confined by of a chain, leash or rope, not exceeding to prevent the animal from attacking any deemed "without provocation" as that term is 27. authorized infectious e inoculation administered by a veterinarian or other person ces the likelihood of the animal contracting rabies or other 28. "Vicious Animal." An animal which has bitten, or attempted to bite, assault or inflicts injury or otherwise attacks a human being or domestic animal without provocation, or which attacks, or acts as if it intended to attack or bite, or bites a person or persons, when not unduly provoked on public or private property. It also means an animal with a disposition to attack all other persons or animals or a natural fierceness or mischief which may lead it to attack other persons or animals without provocation; or any dog or other animal owned or harbored primarily or in part for the purpose of animal fighting; or any dog or other animal trained for fighting; 3 29. "Without Provocation." An animal that was not teased, tormented, or abused prior to the biting, attacking or injuring any person; includes any animal protecting its owner or the owner's property from criminal activity by a perpetrator of a crime or other threat. State Law Reference; Regulation of animals, city powers, 11 O.S. Section 22-115. SECTION 4-102 ANIMALS NOT TO BE AT LARGE No owner shall permit any animal, including fowl, except any cat, owned, harbored, or kept by him, to be at large within the city. It is unlawful for any animal, except a cat, to be at large at any time within the city. in alternative to alty GS SECTION 4-106 A. It is unlawful to keep or maintain an, b..116 animal of the bovine species, horse or animal of the Equidae family in the city Mdsiso city limits except as provided in 5 section B of this section. c~ o r c+nd is-c o area provid _f' B. No livestock shall be kept, maintained or stabled within any zoning district in a fenced enclosure less than one and one-half (1.5) acre in size and except as provided below. Livestock maintained and utilized for an educational purpose, as that term is defined by this chapter, shall not be subject to the restrictions below establishing the number of livestock that may be maintained based upon the size of the fenced enclosure.V~~ 1. The number of livestock allowed to be maintained in a fenced enclosure shall be determined by the size of the fenced enclosure. One livestock animal may be maintained for each 1.5 acres within the fenced enclosure. - 2. e o or person in charge of livestock maintained in a fenced enclosure as set a such animal, mentioned On Paragraph 1 hereof, shall provide fences or barriers o h height and sufficient strength as may be necessary to prevent the escape of such animal from such pen, corral or enclosure; 3.Any owne . i chGrge of the premises upon which Gny anirnG! is permitted to be kept by the provisions of this section, shGlI not keep or permit more than one animcill to be penned or confined thereon at any one time; and 3. All enclosed structures used for housing of any animal(s), feed or related animal implements shall be set back a minimum of fifty (50) feet from adjoining residentially or agriculturally zoned property. This provision shall not apply if a dwelling unit is constructed to encroach upon an existing livestock use, except that such livestock 4 use may no longer expand toward the newly established dwelling. This provision is not applicable when livestock are maintained and utilized for an educational purpose, as that term is defined by this chapter. 4. The owner or person in charge of premises where, or of the animal which is permitted, by this section, to be penned or confined thereon, must maintain such premises in a sanitary condition not offensive or dangerous to the public, and must clean or cause to be cleaned, each day, the premises, and remove and dispose of all trash, refuse, rubbish and animal excrement, following each day an animal is kept, penned or contained in or upon such premises, B. Such animals shall be kept in a pen, lot or enclosure, of four hundred (400) square feet in Grea, for eaGh animal or on a leash or chain, of sufficient length or mobility as to permit each animal to occupy any area of not less than four hundred (400) squa by the City of Owasso Animal Shelter, or a person who has been approved by the City of Owasso Animal Shelter to provide animal foster care, to keep or maintain upon any property or premises within the city limits more than (2) dogs and (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if such puppies or kittens are born unto any adult dog or cat permanently maintained at such premises. f -in arecwa rst t3j #eetrn^e i^ width, the following: 1. Large Animal (weighing more than fifty (50) pounds: Seventy-two (72) square feet; 2. Medium Animal (weighing thirty-six (36) to forty-nine (49) pounds: Sixty (60) square feet; 3. Small Animal (weighing thirty-five (35) pounds or less: Forty-eight (48) square feet; C. and The enclosure shall not extend or protrude cld,W than or within twenty (20) feet from any street side property line of such premises D. All owners or persons having charge or control of rry premises where the rescue exemption permit holders and/or qud d fos - omes, I lications for such permits shall be submitted in wrttm"Zg to the Ow- al Shelter,,and the Animal Shelter shall notify the applicant m ~,v#n°°g of, heir ac ce or denial for a permit within thirty (30) days of applicatioratexflte holder4ga resc~l\ xemption permit or approved foster home permit shall be permitted to owr&d keepsingle family dwelling a number of dogs and cats exceedin~at permifle is subset (A), provided however, that the permit holder shall not allow' more than fi{fe_ dogs and cats permitted in subsection (A) outsi ;a s ~~esfdence at any one If ft All rescue exemption permit holders and foster per ' + = olders shall be subject to random inspections by an animal control within or upon which such dogs and cats are kept~o~ maintained afl dung and animal excrement, and shall thereupon place or caus _ ern e to be placed in enclosed, fly- proof container, The owner shall further prev~ ny offen~ e, disagre~a~le, or noxious keeping E. of The dogs or Owasso cats Animal are mal Shej permitted s~r\ shall pick up intam chid g remister eof daily from qualified the area smell, stench or odor to arise from such area~v~ ` in or upor'l,which any dog or cats may be kept or maintained, Upon failure to comp~~~ ith the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance, subject to abatement as provided within this Code of Ordinances. offi other desi of t Frhief of Police, at any time. Refusal to submit to random insp n will result ir1 coca" of the holder's rescue exemption or foster home permit. e Owasso AN X Shelf , acting under the authority of the Chief of Police, is authorize ca 'Many time tovoke the rescue exemption or foster home permit to ensure proper carthe animoused therein. F. The to er of animals allowed by a rescue permit holder or foster home shall be no more th 1. A maximum of four (4) dogs, or 2. A maximum of six (6) cats. The total number of dogs and cats may not be combined. The application submitted to the Owasso Animal Shelter must specify which type of animal the applicant proposes to house. G. The following shall apply to the granting of any permit; 6 I . Rescue Exemption Permit: A rescue exemption permit may be granted to a qualified animal rescue or its designee or agent. 2. Qualified Animal Rescue: A qualified animal rescue is defined as an animal rescue group which has obtained IRS Code section 501(c) (3) approval and has provided copies of the paperwork approving such status to the Owasso Animal Shelter. 1 Qualified Foster Home: A qualified foster home exemption may be granted to applicants living in a single family dwelling who have been approved by either a qualified animal rescue or the Owasso Animal Shelter to, foster animals pending adoption or termination of the animal, H. Special Circumstances Waiver: A special Alre'Utbstances waiver may be granted to a qualified rescue exemption permit holder~orqu4lifed foster home permit holder by the Chief of Police or his or her designee Gcrlting of such,waiver will allow the permit holder to house a number of animals exce.edlf?J the number set.forth in (E), and in such number as may be set by the Chief of PFojtcb or his or her design 8~ The following qualifications must be met to obtain a special clkumstances waiver: R s} 1, All animals must be kept inside; tthe dulling except that the permit holder may permit the animals outside in such nurnke set in (D), 2. Regularly schedule nc~.:.. pdom ins ions will be conducted by the Owasso Animal Shelter to ensure as ards o 8ppitation are being met and the animals are treated humanely. 3. Any cdrfapfafn; fited by or residfrtg in the vicinity of the permit holder's home sh ` investigded by ' Animal Control Officer acting under the authority of the CfT~g., of Police If such c~aint is found to be valid, a permit holder may be given a wafnig and must cgrrect tlj,~deficiency within three (3) days. If the permit holder is una ° to corrects cYr CA iency, or fails to do so, the special circumst r,sder m e'revoked by "Chief of Police or his or her designee. w 4. The o e, or his or her designee, may revoke the special circ nces waiver .-.-any n and at any time to ensure proper care for the anima sed or to ens(C9xhealt w nd safety of citizens. I. Exemption for service animals: Persons who are prescribed a service anir licensed physician may apply for an exemption from the Chief of Police if owners) e animal would violate any City ordinance. The Chief of Police may request c imentation that supports the need for the service animal and documentation ng. The Chief of Police may, at his/her discretion, deny or allow for the exceptii appeals regarding a denial of an exemption will be directed to the City Mona has final authority regarding the exemption. The Chief of Police or City Mona! impose special requirements on the service animal owner to ensure prof SECTION 4-111 5~ABUS ANIMAL HOUSING TO BE KEPT CLEAN 7 Every structure or place wherein an animal is kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors. REPEAL led outside the nity in re mtvr~ner iaehirh rlec r nn$ iertrtnrriizea the or cis soon as the SECTION 4-115 SICK AND DEAD ANIMALS; DISPOSAL A. It is unlawful and an offense for any p animal or fowl in or upon any street, alley or public dead animal or fowl within the city. B. It is the duty of the owner of ai possession of the same to notify the FG"-- dispose of the same in a sanitary manner. 1t' possession to put all dead dogs, cats, fowl or other receptacle before collection by +ht, rei;t C. It is the duty of any p( to notify th-"oi=.ce chief Animal removal. D. The c same, shall pay dead animal or such cost of rem SECTION 4-131 or throw any dead e city or to bury any animal or the person in lawful ,nimal Control Off cer who shall e owner or person in lawful nimals in a sack, box or any Animal Control Officer. a stray dead animal is found dot be liable for any fees for or p' on in lawful possession of the )I the ac- I-cost of removal of the for any person to fail or refuse to pay A. The--Animal Control Officers: OF r'~rny officer under the authority of the Dolma De ryrTcatments 1. Shell May seize and impound any animal found at large in violation of any provision of the ordinances of the city; 2. May enter upon the property, yard, enclosure, garage or shed, of the owner or other private premises to take such animal into custody, whether in the immediate presence of the owner or custodian or otherwise, as provided; 8 3. Absent consent or exigent circumstances, will not make entry into a residence w+lt-^^t,~ c.lr-e~llae- -without a court order, 4. May seize and impound any abandoned animal, any unlicensed animal, any female animal in heat not confined, any unsterilized dog or cat not exempt, any vicious animal, any animal which is a nuisance and any animal suspected to be afflicted with rabies. B. The Animal Control Officer is empowered and authorized to enforce all aspects of this chapter. Further, he is authorized and empowered to issue citations to any person in violation of the chapter. He can cause the arrest of"any person who resists the animal control officer's attempts at resolving animal relaicviolations. C. Any other person may take sunk any present it to the authority in charge of the animal im into custody and SECTION 4-132 ANIMALS TO BE IMPOUNDED A. Animals which are taken into custody as subject to humane disposition by adoption, clonatiof disposition by an Animal Control Officer after three the animal into custody, not to includ ~Syndays and c not redeemed or claimed as provicfei inlri Article, location and date the animal was td(~4 int2~U ody, claimed, and date of availability for a, ptiori'shall h Animal Shelter for viewinea by all_intere is ed taersons, Dvided in this sebtlan, shall be euthanasia or other reasonable lays have elapsed after taking holidays, provided the animal is escription of the animal, the deadline for the animal to be aos available in the Owasso by t ~;or other means, an Animal Control Officer s on :registration tag or city records that the to d13 Onion if not timely claimed as provided in to the owner or may be left at the owner's address with fourteen (14) years of age, If no person can be c pd letter will be sent to the address by the Owasso is rN'eived from the owner within seven (7) days from the iled, the animal shall become the property of the City of disposition as provided in this Article. D. Any f or injured animal, or any animal to be euthanized for rabies testing, taken into dy by an Animal Control Officer shall be subject to immediate disposition subject to the discretion of the Animal Control Officer. SECTION 4-133 FEES FOR IMPOUNDING A. The City Council by motion or resolution shall determine the fees to be charged for impounding and keeping animals. In computing the fee, a fraction of a day during which an animal has been fed shall be deemed a full day. B. Any person redeeming an impounded animal shall pay the required fees to the Animal Control Officer. 9 C. Any person redeeming an animal not licensed as required by Sections 4-120 through 4-125 of this code shall license the animal as required before the animal is released. If an animal has been licensed the Animal Control Officer in charge of the shelter shall require adequate evidence of the proper licensing of the animal before releasing it. No person shall redeem an animal nor shall the animal be released until the animal is licensed as required by section 4-120 through 4-125 of this code. SECTION 4-140 CRUELTY TO ANIMALS It is unlawful for any person to overdrive, overload, drive when overloaded, overworked, torture, torment, deprive of necessary sustenance of water, cruelly heat, mutilate or kill any animal or fail to give such animal sufficient water, or cause or procure an animal to be so overdriven, overworked, tortured, tormented, or deprived of necessary sustenance or water, cruelly beaten, mutilated or killed. F A. Any animal kept in the city limits shall from the weather in such manner as not to endc No person shall willfully or malic 1. Torture, cruelly be destroy, kill or instigate, engage in, or any act tending to produce suc and protected ell being. ~e, overdrive, overload, unjustly ny act of cruelty to any animal timself or to another; my-four (24) hours at a time; or other sut when such sickness of a condifl limited D. Nod corporate city Ii abandoned any animal within the E. If the condition of the animal is not improved to the satisfaction of the Animal Control Officer, another citation may be issued. F. Any act tending to produce such cruelty shall be punished by imprisonment in the city jail for a period not exceeding ten (10) days, or by fine not exceeding tW9- the maximum amount allowed under state law, or by both such imprisonment and fine. . G. Owners and keepers of any animal shall provide food, water, shelter and medical attention to any animal, including, but not limited to, the following; Used, waterE the animal's I to be exposed to any drug, chemical whether public or private property, )f causing the death or dangerous r person to do any of the above acts. fined within or on a motor vehicle under such ealth or well being of the animal, including, but not lack of food or water. 10 Sufficient, wholesome food that is nutritious for the species; Fresh, potable drinking water at all times; Medical attention to relieve such animals from suffering; 4. Shelter to allow the animal to remain dry and protected from the elements. Such shelter shall be fully enclosed on three (3) sides, and roofed. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortable. The structure shall be structurally sound and in good repair, 5. Any animal kept on a chain or rope sh.c411 be placed so that it cannot become entangled with the restraints of other animals or with any other objects. The chain or rope shall be of sufficient length and a minimum of ten (10) feet to allow the animal complete access to food, water and shelter at all times:.. The chain shall be attached in a manner, to an acceptable collar, so as not to cause in1t Ir discomfort to the animal. No chain, rope, wire, or bandang all be used as a collar 6. An Animal Control Officer fin~d(n~~an a shall remove the animal or give the owner or pers~ri'= hours to remedy the violation. If m t ,opinion of e F welfare of the animal is in immediat@ 8rr,he mays d place the animal in the care of a pler!H60an at the animal in the animal shelter. The aninrM hall be mainta problem can be rectified andall fines, Jp rt cost and cl - in full. The decision s...o, whether the ashall be rE maltreatment will t "e made Icy the pY cling judge Animal Control O r, a It is u foi hav' y con SECTIO : 42 E It is unlawfu any glar re the prospective SECTION 4-143 k Wal so maltreated or abused ;ing treatment seventy-two (72) -)imal Control Officer the life or ossession of said animal and er's expense or place said red'"here until such time as the IPgbs for animal care are paid ased back to person causing upon recommendations of the ugly to bring into the city any herse A le animal allow such animal to run at large within the city. knowingly sell, or to cause, allow, or procure to be sold, se or mule any animal without disclosing such disease to When from any cause it may happen that any horse, Fnule, cow, eallf, steer, , other domestic animal within the corporate limits of the city shall be so wounded, maimed, sick, diseased or injured as to render its recovery hopeless in the opinion of the Nn1ic-e ehie~ any Police Officer or Animal Control Officer, may kill or destroy, or cause to be killed or destroyed such animal so injured or diseased as soon after such injury or disease as practicable, and in such manner as in his judgment shall be the least painful. He will cause the carcass to be removed to such place as may be set apart for such matter and disposed of as provided by ordinance for dead animals. 11 SECTION 4-147 SPAY/NEUTER REQUIREMENTS A. It shall be an offense under this section for any owner within the city limits of Owasso to harbor, keep or possess a dog or cat over the age of six (6) months, other than a dog used by the Owasso Police Department as a police dog, that has not been spayed or neutered unless the dog or cat was licensed as required under section 4- 121(a) prior to July 1, 2006 and has continually maintained such license. A rebuttable presumption that the dog or cat has not been spayed or neutered is established in the event the owner of a dog or cat over the age of six (6) months is unable to produce a current license, license tag or documentation of spay or neuter. In such event, an animal control officer shall issue a citation to the owner requirO. a hat the dog or cat be spayed or neutered within thirty (30) days. Failure to d ,Gill result in issuance of additional citations, B. Special Circumstances Exceptions: registered with AKC, UKC, or other national/in able to produce certification papers of the sa breeding and/or show purposes, may apt spay/neuter law. Such application will be dip, his or her designee. If approved, the appli payment of a fee to be set by the City Mana< Division fee schedule. Breeders m q,regis the granting of an exception undel ' compliance with the allowable num of dog or cat that is cation, and who is the animal for D%~'$mandatory Chief f Police or Dd within the Animal Control Owasso Animal Shelter, and ~mpt the animal owner from ,section 4-110(A). 12 immunization - shFr;--mecin a yccin Stion or ineeu!Gtion- give 1 by G veterinGriGn or other person ciuthorized by Ilciw which FedUGeS the likelihood of Gni GontrGGting e OF other infectious diseases. No dog or cat may be released for adoption animal has been surgically spayed or neutered of Owasso has determined that the anima( is i condition if spay or neuter surgery is performe REPEAL if requested to do so, the Gity shall refund deposited funds to the adepting p e~ upon reaso ble proof being presented to the city by the adopting PCIFtY that the eda wcts required to be Gc; . 13 SECTION 4-160 KENNEL PROPRIETOR A. It is unlawful for any person to be a kennel proprietors- a-s herein .,,-defined-, within the city unless such proprietor shall first pay to the City Treasurer of the city an annual license fee of Ten Dollars 10.00) One Hundred Dollars l`: Upon proof of proper zoning and payment of such fee the City Clerk shall furnish to such kennel proprietor a license to engage in such business. The kennel proprietor's license <I ed in this section shall be in lieu of all other license fees prescribed in this chapter and." inances of the city for dogs in such kennel. D~l B. A "kennel proprietor" is defined an son owning, managing or maintaining a place where animals are boarded porary basis. This section shall expressly exclude licensed veterinary offices. C. All animals such kennel proprietor kennel proprietor be c keeper, thereof shall city for all dogs an._ subject to all of t. I the same extent an'•=~ maintained at all tirr♦ insr)ectioF0604 t cxnim in such 518 Should any all ,-M - ff the Mme fees not kept by a lions of such the t; all times C fined on the premises of aI b t > ging to, or kept by, such such kennel proprietor, the owner or i as is required by the ordinances of the I proprietor. Any such dog or cat shall be ia s,including seizure and impounding to animal at large. Such kennel shall be ry condition and shall be subject to r proper official of the city. SECTION 4-161 PET STORES NEW SECTION A. Structural standards. The facilities for housing animals in a pet store shall be structurally sound and shall be maintained in good repair to prevent injury to the animals. All buildings, premises and containers used to transport animals shall be maintained in a sanitary manner. Equipment shall be available for the proper storage or disposal of waste 14 material to control vermin, insects and obnoxious odors. Pet stores shall take effective measures to control and prevent the infestation of animals and premises with external parasites and vermin. The burning of any excreta, bedding or debris on the premises is prohibited. B. Enclosures. Enclosures for all animals in pet stores shall be suited to the species of animals, structurally sound and maintained in good repair to protect animals from injury and escape. Enclosures shall be constructed and maintained so as to enable the animals to remain clean and dry when appropriate for the species. All animals shall be kept in proper enclosures except when cleaning said enclosures. Birds acclimated to open perches shall be exempt from the enclosure requirement. AN Walls and floors of enclosures shall be constructed offfionabsorbent, . Enclosures shall be designed an tructed p rovide adeq physical comfort to the animals. Each animal must be p • ed ufficient space to turn about freely and easily stand, sit or lie in a comfortable osition. Animals that are group housed must be maintained in co a groups. ale dog or cat in season (estrus) shall be housed in the same nclosure male animals except for breeding purposes. nonporous materials impervious to moisture. If wire or grid~toaring is used it must be made of galvanized, stainless steel, or plastic coated wtlrajxr~d be of adequate gauge to support the animal(s) without sagging and to prever~f h`i~~animals' feet from passing through the openings. Enclosures in current use cleaned and'disinfected daily, or more if necessary, to maintain a sanitary candi re. st `efficiently heated to protect for alth and' mfort at all times. The imals II be maintained in a manner that does not imals s be provided protection from the direct natural or artifR from excessive in all pet s`l Wshall be adequately ventilated to minimize lure condensation and to provide for the health and Ventilation shall be deemed adequate only if Aft ust fans, exhaust vents or air conditioning is housing animals shall have ample well distributed light by both. Enclosures shall be so placed as to protect animals except those which require it. 15 C. Housing facilit-' e animals from the cold,i C temperature of the rroundi cause undue stre the anima rays of the sun. 16 F. Animal health. Animals shall be provided with food that is wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain animals in good health. Animals, other than certain reptiles which according to normal husbandry practices for their species are not fed at least once daily, must be fed at least once a day, including Sundays and holidays, except as dictated by hibernation, veterinary treatment, normal fasts, or other commonly accepted practices recognized by professionals who are expert in the care of the animals concerned. In the case of young animals, they shall be fed at least two times per day, except when continuous self feeders are provided. Feeding pans shall be durable and sanitized daily. Self feeders may be used for the feeding of dry food provided they are cleaned and sanitized regularly to prevent molding or caking of food. If disposable foodreceptacles are used, they must be discarded after each feeding. Food shall be stored n"facilities which adequately protect the supplies against deterioration, molding, or contamination by vermin. , 1. Potable water shall be provided at gUffnies to each animal in accordance with its needs, except as directed by.,,6ibc~'rnation, veterinary treatment, or other commonly accepted practices recogniz ed"W professionals who are, expert in the care of the animals concerned. Water contain shall be designed and'! fficient number to provide and dispense adequate ~ ities of wtator for the parti w< r species and must be placed in such a way as to pr ev e 'Iag . v'lcaier containers shall be cleaned and sanitized at least once each day. 2. All dogs and cats r to -for resale . a housed separately from other dogs and cats on the premises q .a mini mum of for ; i ht (48) hours before being released to a purchaser. Each animal I be obsorvdai pet shop operators or employees for general s s of inju Vine ss or Any dog or cat that exhibits symptoms of injury, i l l e shat' ` ``Yated an fceated as prescribed by a veterinarian. Any s og or c all be p ounced healthy by a veterinarian before the dog or cat ca, offered fo. le. period 3. at least once daily for a 4. All ores t plainly display signage warning of potential sal , transmissio info w to humans when selling reptiles and amphibians. G. `~,PtQhibited sales. The exhibition, sale or offer for sale by a pet store of any of the following?=fWd animals is prohibited: 'AMAMS and kittens under the age of 8 weeks. All animals prohibited by City ordinance. 3. Any animal which exhibits: (a) Obvious signs of infectious diseases such as distemper, parvovirus, coronavirus, hepatitis, leptospirosis, rabies or other similar diseases. (Not to be construed to include incubating diseases.) and emaciation. (b) Obvious signs of nutritional disease which may include rickets 17 M Obvious signs of severe parasitism - extreme enough to be influencing its general health. health. (d) Fractures or congenital abnormalities affecting its general H. Records. The owner or operator of a pet store shall maintain the following records regarding each dog or cat purchased or obtained by the pet store: 1. Name and address of person, firm or c< obtained, date thereof and United States Department of license number if applicable. 2. Description of dog or cat including distinctive markings, physical condition and health, number if applicable. 3. Name and address of perso~it or car was sold or ownership was transferred and d2~#±f~;.# sale or from who animal was (USDA) dealer sex, color and jrlimal identification to whom doo or cat 4. Disposition of dog or cat, if not sof•' : , •"sferred, including euthanasia and method utilized, mortality and if known, e, or other specific circumstance, and date. N-1. 5. For each dog or cat re . 'ving car type of service rendered, date and veterjtrttira,'s name 6. If ` ° cable, ttt SDA in ual health certificate and identification form for each ani I. The inform r dFiCe tion shall be recorded in a logbook within seventy tv72) f receipt o nimal. The records shall be maintained at the pet store for ck u o years after the date of sale, transfer or other dis ik1opontrol, n of the am than be readily available for inspection upon request by Ani law en me Cher City official. J. ection. Ins , 'bons of pet stores may be made by Animal Control, law Y . SECTION 4-170 QUARANTINE OF ANIMALS FOR OBSERVATION enforcemeri Cher icials for the purpose of determining that the pet store is in compliance w I re ~ ents of this section. K. Penalty owner or operator of any pet store violating any provision in this section is guilty of an offense, and upon conviction, shall be fined, including costs. Every day upon which a violation continues shall be deemed a separate offense. A. The identity and address of the owner of any animal that bites a person shall be promptly furnished to the Animal Control Officer, the City Health Officer, or the County Health Department within four (4) hours of the bite. The Animal Control Officer shall securely quarantine suet an animal for a period of ten (10) days and shall not release such quarantined animal until reasonable determination has been made that 18 animal is not infected with rabies. At the discretion of the Animal Control Officer, animals suG-h- ran# ne. may be quarantined on the premises of the ownerF or at a veterinary hospital of the owner's choice at the owner's expense., car-c44he-c nimal-&h . -tn rase of animals ai~ro~re ov:irecrrccrtiip is unknown such as caranfine shall beat the city animrrl shelter. owner shall then ; Gy any related charges for confinement. If the animal's ownership is unknown, the City of Owasso will be responsible for the cost of medical testing performed upon an animal following an unprovoked bite, attack or injury and for the cost of euthanizing the animal. The cost of medical testing of an animal following a provoked bite shall be the responsibility of the person bitten. B. K-9 animals belonging to or used by a law enforcement agency are exempt from the requirements within this chapter, including quarantine procedures, during such time as the animal is under the direction of a K-9 handler, cor routine veterinary care. SECTION 4-182 POSSESSION OF STRAY ANIMALS No person shall, without knowledge and ,ORJ'fO of the owner, possess, for more than w Aing ~and the circumstances under SECTION 4-184 IMPOUND. WUE TO E G twenty-four (24) hours, any animal that nee s not own without first possession to the animal control division, ~ ~g his number, a true and complete description of e~gnim which the animal came into his possession. Persoo~rl~~i e1 for four (A) or more days will be c red the anim animals or animals to be surrende 'City Anti residency within the City limits of Ow ` -W SECTf A. If an al is im R nded a result of a fire, medical emergency, hospitalization, cu arre, Q).tier situ n rendering the owner or person in h. possession of the ani f caring for the animal, the animal may be impoW*fM"*D Pal icer or An ontrol Officer and impounded at the City If possible, ity ,hotify the owner or person in possession of the animal SECTION All ordinances TWO: REPEALER of the al's location ti the editions under which the animals may be released. The animt~t%; <`~I be held f • period of ninety-six (46) hours. If the animal has not been claimed by'owner, on possessing the animal or a designee of the owner or possessor wifiety- 61 hears, the animal will become the property of the City of Owasso and ma ed for adoption, transferred to an animal rescue organization or euthanized. Ow or other persons possessing animals under these circumstances set forth above shall not be subject to impound or daily care fees for the animal. or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE: SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, porti ng such ~te nq(Tl`e, address a~dtelephone possession of stray animals 's owner. Persons bringing stray Shelter must provide proof of 19 the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR: DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE: CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 4, Chapter 1. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2011. Doug Bonebrake, ATTEST: Sherry Bishop, City Clerk (SEAL) this `a 'day of , 201 1. 20 Proposed Changes to Animal Control Fee Schedule Dog Adoption Total Cost $130.60 Current Fee $110.00 Cat Adoption Total Cost $92.55 Current Fee $75.00 Impound Fee Total Cost $21.03 Current Fee $25.00 Owner Surrender Fee Total Cost $35.72 Current Fee $10.00 City License Total Cost $2.80 Current Fee $5.00 Daily Care Total Cost $8.93 Current Fee $10.00 Euthanasia Total Cost $31.12 Current Fee $0.00 Proposed Fee $25.00 Tranquilization Total Cost $42.59 Current Fee $0.00 Proposed Fee $25.00 After Hours Call Total Cost $46.27 Current Fee $0.00 Proposed Fee $50.00 Trap deposit Trap cost $40.00 Current Fee $40.00 Proposed Changes to Animal Control Fee Schedule Deceased Animal Removal (pick-up) Total Cost $16.70 Current Fee $0.00 Proposed Fee $20.00 Deceased Animal Disposal (drop off) Total Cost $5.14 Current Fee $0.00 Proposed Fee $10.00 Other Adoption Total Cost $37.65 Current Fee $0.00 Proposed Fee $30.00 Livestock Call Der Hour Total Cost $66.58 Current Fee $0.00 Proposed Fee $50.00 Livestock Impound Total Cost $60.00 Current Fee $0.00 Proposed Fee $50.00