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HomeMy WebLinkAbout2004.10.19_City Council AgendaTYPE OF MEETING: Regular DATE: October 19, 2004 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, October 15, 20040 ------------- Juliann M. Stevens, Administrative Assistant 1. Call to Order Mayor Kimball 2, Invocation Glenn Krispense, Youth Pastor Westport Mennonite Brethren Church 3. Flag Salute H: 'Agendas \Council12004\ 10 1904.doc Owasso City Council October 19, 2004 Page 2 5. Reading of Mayor's Proclamation Mayor Kimball The Mayor will read a proclamation honoring National Business Women's Week. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the October 5, 2004 Regular Meeting. Attachment # 6-A C. Action relating to a request for approval of an application for early retirement. Attachment # 6-C Staff will recommend Council approval of an application for early retirement from Sheryl Duggan. D. Action relating to a request for Council authorization to designate the Mayor as the certifying official, under the National Environmental Policy Act, to assume overall responsibility for the environmental review process relating to the National Steak and Poultry CDBG Grant for the construction of drainage and parking improvements. Attachment # 6 ®D Staff will recommend Council authorize the designation of the Mayor as the City's certifying official for all documents required by the CDBG grant. E. Action relating to a request for Council approval of a document prepared by INCOG finding no significant impact on the environment as a result of the CDBG Sidewalk Improvement Program, and authorization of the Mayor to execute the Certification of Continued Environmental Compliance. Attachment # 6-D Staff will recommend Council approve documents, prepared by INCOG, finding no significant impact on the environment and authorize the Mayor to execute the Certification of Continued Environmental Compliance. H:\Agendm\Counci1Q-004\ 10 1 904.doe Owasso City Council October 19, 2004 Page 3 F. Action relating to a request for Council authorization of the Mayor to execute the Environmental Certificate and the Request for Release of Funds as required by the CDBG Grant process. Attachment 9- 6® Staff will recommend Council authorize the Mayor to execute the Environmental Certificate and Request for Release of Funds. G. Action relating to a request for Council adoption of an Antidisplacement Plan for the Sidewalk Improvement Program and authorization of the Mayor to execute all necessary documents. Attachment # 6-D Staff will recommend Council adopt the Antidisplacement Plan for the Sidewalk Improvement Program and authorize the Mayor to execute all related documents. H. Action relating to a request for Council acceptance of the Chelsea Park sanitary sewer system. Attachment # 6-H Staff will recommend Council accept the Chelsea Park sanitary sewer system. I. Action relating to a request for Council acceptance of the Preston Lakes III sanitary sewer system. Attachment # 6-1 Staff will recommend Council accept the Preston Lakes III sanitary sewer system. J. Action relating to a request for Council acceptance of the Longford of Owasso I streets, stormwater drainage, and sanitary sewer systems. Attachment # 64 Staff will recommend Council accept the Longford of Owasso I streets, stormwater drainage, and sanitary sewer systems. K. Action relating to a request for Council acceptance of the Walgreen's water line extension. Attachment # 6-K Staff will recommend Council accept the Walgreen's water line extension. H: A Agendas\Coiinc i1\2100AI 0 1 904.doe Owasso City Council October 19, 2004 Page 4 L. Action relating to Council acceptance of a conveyance from Kaiser-Francis, et. Al. of real property needed for Right-of-way purposes in connection with the E. 86h Street North widening project. Attachment # 6-L Staff will recommend Council acceptance of the conveyance of real property. Staff will recommend Council approve the Owasso Medical Campus final plat from the Haskell Company. 8. Consideration and appropriate action relating to a request for Council approval of annexation request OA 04-07 from Henry Penix. The subject property is located at the southeast comer of N. 137h East Avenue and E. 86th Street North. Mr. Cuthbertson Attachment #8 Staff will recommend Council approve annexation request OA 04-07 from Henry Penix. HAAgendm\CoiuiciI\2004\ 101909. doc Owasso City Council October 19, 2004 Page 5 Staff will recommend Council approve annexation request OA 04-08 1'rom Owasso Land Trust. 10. Consideration and appropriate action relating to a request for Council acceptance of a donation from the Wal-Mart Foundation, and the approval of a supplemental appropriation. Mr. Rooney Attachment #10 The staff will recognize Mr. Marty Cooper, Manager of the Owasso Wal-Mart, and will recommend City Council acceptance of the donation from the Wal-Mart Foundation in the amount of $3,000; and request approval of a supplemental appropriation increasing revenues by $3,000 in the General Fund and increasing expenditures in the Police Department and Fire Department by $1,500 each. 11. Consideration and appropriate action relating to approval of authorization for the City Manager to enter into a contract for property casualty in an amount not to exceed $36,430.00. Mr. Rooney Attachment #11 Staff will recommend Council authorize the City Manager to enter into a contract for property casualty in an amount not to exceed $36,430.00 H:NAgendaskCounciI%2004-k] 0 1904. doe Owasso City Council October 19, 2004 Page 6 12. Consideration and appropriate action relating to a request for Council to award a renovation contract for fire Station 92, located on E. 76th Street North. Mr. Fisher Attachment #12 Staff will recommend Council award the renovation construction contract to Barton Construction of Tulsa, Oklahoma in the amount of $ 127,454. 13. Consideration and appropriate action relating to a request for Council approval of a change order to the contract for the E. 86th Street Forth Improvement Project, acceptance of the completed construction, and authorization of the final payment. Ms. Stagg Attachment #13 Staff will recommend Council approve Change Order No. 3 to the contract for the E. 86t1, Street North Improvement Project in the amount of $43,307.66 and a revised contract total amount of $2,660,512.64, accept the completed construction of the street improvement project, and authorize final payment to BECCO Contractors, Inc. in the amount of $228,050.25. 14. Consideration and appropriate action relating to a request for Council to award a construction contract for Phase II drainage improvements at the Fairways at Bailey Ranch. Mr. Nurre Attachment #14 Staff will recommend Council award the contract for the Fairways at Bailey Ranch Drainage Improvements Phase II to Cherokee Builders, Inc. of Tulsa, Oklahoma in the amount of $114,507.25. Fi: WgendasTouncil\2004\ 301903_doc Owasso City Council October 19, 2004 Page 7 15. Consideration and appropriate action relating to a request for Council to ward a construction contract for the FY 2004-2005 Street Improvement Projects. Mr. Nurre Attachment # 15 Staff will recommend Council award the contract for the FY 2004 -2005 Street Improvement Projects to Magnum Construction, Inc, of Broken Arrow, Oklahoma, in the amount of $ 100,570, H: WgendasiCounci1120041101904.doc Owasso City Council October 19, 2004 Page 8 18. Consideration and appropriate action relating to adoption of Resolution No. 2004 -22, a resolution approving the Owasso Public Works Authority incurrence of an obligation to SF Marketplace Investors, Ltd. and entering into an infrastructure improvements agreement. Mr. Hayes Attachment # 18 Staff will recommend Council approval of Resolution No. 2004.22. 20. Report from City Attorney. HAAgendasWour61Q7200A 101404Aoc Parcel 1.0 A part of the Southeast Quarter (SE /4) of Section 18, Township 21 North, Range 14 Bast, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southeast Comer of said Section 18, Thence Westerly along the South lime of the SE /4 a distance of 200.00 feet, Thence N 01 ®08'25" W a distance of 50.00 feet to a point on the present right-of-way line of Bast 96s' street North and the Point of Beginning; Thence S 88 ®51'35" W a distance of 150.00 feet, Thence tad" 01'10'34" W a distance of 10.00 feet, Thence N 88 °51'35 " B a distance of 150.00 feet, Thence S 0110'34" B a distance of 10.00 feet to the Point of Beginning. Said tract contains 1,500.000 square feet or 0.03 acres more or less. M] A. part of the Southeast Quarter (SE /4) of Section 18, Township 21 North, Range 14 Bast, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southeast Corner of said Section 18, Thence Northerly along the Bast line of the SE/4 a distance of 200.00 feet, Thence S 88 ®51'35 " W a distance of 50.00 feet to -a point on the present right-of-way line of North Garnett Road and the Point of Beginning; Thence S 88 °51'35 " W a distance of 10.00 feet, Thence N 01 ®10'34" W a distance of 424.83 feet, Thence lei 88 ®51'35" B a distance of 10.00 feet, Thence S 01 "10'01" E a distance of 424.83 feet to the Point of Beginning. Said tract contains 4,262.6 71 square feet or 0.10 acres more or less. EXHIBIT "A" Parcel 2.0 A part of the Southeast Quarter (SE/4) of Section 18, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Said tract contains 3,299.955 square feet or 0.08 acres more or less. Parcel 281 'Temporary Drive Easement A part of the Southeast Quarter (5E14) of Section 18, Township 21 North, Rangge 14 East, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southeast Corner of said Section 18, Thence Westerly along the South lime of the SE/4 a distance of 80010 feet, Thence N 01108'2599 W a distance of 68.45 feet to the Point of Beginning; ence S 45'0000" W a distance of 12.20 feet, Thencp, N. 88'51'35" E a distance of 51.15 feet, Whence N 01'08'2598 W a distance of 10.00 feet, `thence N 88'51'35" E a distance of 60°00 feet, Whence S 0052'0988 W a distance of 1.55 feet to the Point of Beginnifig. Said tact contains 562°306 square feet or 0,01 acres more or less, Parcel 3 a0 A part of the Northeast /4) of Section 199 Township 21 North, Mange 14 East, °Tulsa, County, Oklahoma, more particularly described as follows: Beginning at the Northeast Corner of said Section 19, Thence Southerly along the East lire of the J/4 a distance of 1319,62 feet, Thence Westerly parallel to the North line a distance of 60,00 feet, Thence Northerly parallel to the east lire a distance of 1230 <76;feet, Thence N 45 ©00'0099 W a distance of 40,02 feet, Thence Westerly parallel to the North line a .distance .of 489.03 feet, Thence Northerly along the west property litre a distance of 60,00 feet to a point on the Noah line of said section 19, Thence Easterly along the north line a distance of 576.73 feet to the Point of Beginning. Said ftuct contains 43,6550408 square feet or 1,00 acres more or less of new right-of-way. The remaining area included in the above description being right-of-way occupied by the present highway. rammul A part of the Southwest (S /4) of Section 17, To hip 21 North, Range 14 East, Tulsa County, Oklahoma, particularly described as follows: allow A part of the Southwest (SW /4) of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklaborna, more particularly described as follows: Commencing from the Southwest Comer of said Section 17, Thence Easterly along the South line of the SW/4 a distance of 332.01 feet to the Point of Beginning; °peace N 01 °10`34'° W a distance ®f 60.00 feet, Thence Easterly and parallel to the south line of said. see n d 17 a distance of 399.30 feet, `Thence S 01'10'34" E a distance of 60.00 feet. ``hence Westerly atom the South line a distance of 399.30 to the Point of Beginning. A part of the Southwest (SW/4) of Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southwest Corner of said Section 17, Thence Easterly along the South line of the SW/4 a distance of 731.31 feet to the Point of Beginning; Thence N 01'10'34" W a distance of 60.00 feet, Thence Easterly and parallel to the south line of said.as6ction 17 a distance of 297.00 feet, Thence S 01`10'34" E a distance of 60.00 feet, Thence Westerly along the South line a distance of. 297.00 to the Point of Beginning. Said tract contains 11,434.504 square feet or 0.26 acres more or less of new right-of-way. The remaining area included in the above description being right-of-way occupied by the present highway. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 5, 2004 The Owasso City Council met in regular session on Tuesday, October 5, 2004 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, October 1, 2004. ITEM 1. CALL TOO ER The meeting was called to order at 6:34 p.m. The invocation was offered by Ty Cooper, Minister of Music at Central Baptist Church. ITEM 3. FLAG SALUTE Vice Mayor Craig Thoendel led the flag salute. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney Richard Wilhour of RCB Bank presented to the Council 'Obedience', the character trait of the month for October, 2004. Owasso City Council October 5, 2004 Mayor Kimball, along with the Council Members, presented to Bob Perry, owner of B&M Tire Center, a Certificate of Appreciation thanking him for his re-investment in his established business and his support to the community. ITEM 7. EMPLOYEE OF THE MONTH PRESENTATION Mr. Ray introduced Michael Blevens, a member of the Owasso Fire Department, as the City's Employee of the Month for October, 2004. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA B. Approval of Claims C. Action relating to Ordinance No. 796, an ordinance approving the rezoning request from Owasso Land Trust, as made in application OZ 04-11, of approximately 2.25 acres, more or less. The subject property is located generally south and cast of East 116`h Street North and North Garnett Road, and repealing all ordinances or parts of ordinances in conflict herewith. Mr. Cochran moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $328,518.44, and payroll claims totaling $263,707.57. YEA: Cataudella, Cochran Colgan, Kimball, Thoendel NAY: None I TEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE HONEY CREEK 11 SANITARY SEWER AND WATER SYSTEM. Mr. Nurre presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council acceptance of the Honey Creek 11 Sanitary Sewer and Water System. YEA: Cataudella, Cochran Colgan, Kimball, Thoendel NAY: None 9, Owasso City Council October 5, 2004 Mr. Ray brought to the Council's attention the memos at their stations outlining the street sign replacement plan. This plan will be initiated sometime in the next week Mr. Ray announced that he was scheduled to attend a City of Tulsa public Works Committee Meeting to discuss current water issues, however the meeting was postponed. Also, Mr. Ray stated that the packet given to each of the Councilors contained a draft outlining water issues and that meetings are currently set up with other cities, many showing an interest in becoming a member of a possible consortium. am ITEM 12. REPORT FROM CITY COUNCILORS Mayor Kimball welcomed Randy Cowling to the meeting. Mr. Cowling is the new editor of the Owasso Reporter. I'T'EM 13. NEW BUSINESS I z •IiD 2041 011 ►. - - r �: 1 Cataudella, Cochran, o •a Kimball, o- dell NAY: None Motion carried 5 ®0 and the meeting was adjourned at 6:55 p.m. Pat Fry, Minute Clerk 1 Susan Kimball, Mayor CITY OF OWASSO VENDORS DESCRIPTION AMOUNT TREASURER PETTY CASH DEPOSIT REFUND 20.00 TREASURER PETTY CASH DEPOSIT REFUND 50.00 TREASURER PETTY CASH DEPOSIT REFUND 50.00 REFUND TOTAL -------- INFORMATION TECHNOLOGY WARRANT CONVERSION 710.00 MUNICIPAL COURT DEPT TOTAL ----710.00 ROONEY, TIMOTHY D. TUITION REIMBURSEMENT 354.00 TREASURER PETTY CASH CITY MGR EXPENSES 119.06 OFFICE DEPOT OFFICE SUPPLIES 39.00 FUEL(NAN FUEL 119.18 TREASURER PETTY CASH MEETING EXPENSE 41.01 TWO CHICKS CATERING MEETING EXPENSE 237.50 TREASURER PETTY CASH EMPLOYEE RECOGNITION 41.28 MANAGERIAL DEPT TOTAL -------' OFFICE DEPOT OFFICE SUPPLIES 07.02 DELL MARKETING COMPUTERS 1.785.68 FINANCE DEPT TOTAL -------- .'--_-_ FEDEX SHIPPING FEES 23.76 OFFICE DEPOT OFFICE SUPPLIES 1.85 K8. LEE SMITH PUBLISHERS SUBSCRIPTION 107.00 TRIAD PRINTING BANNER 85.00 COMMUNITY CARE EAP EAPPR0GRAWi 528.00 INTEGRITY FOCUS CONSULTING 3.250.00 CHARACTER FIRST! CONFERENCE/LODG|NG'DEK4PSTER 300.00 TREASURER PETTY CASH CHAMBER MEETING 21.00 TREASURER PETTY CASH MILEAGE-HUNT 28.80 HUMAN RESOURCES DEPT TOTAL 4'495.41 OFFICE DEPOT OFFICE SUPPLIES 240.04 IKON OFFICE SOLUTIONS COP|ERMA|NT/8UPPL|ES 578.51 C|0TAS CORPORATION MAT SERVICES 28.00 !NC(}G ADK4}NSVS/18O20CD8G02 59.14 |NCOG ADK8|NSVS/1OA97CDBG03 108.60 AMERICAN WASTE CONTROL REFUSE SERVICE 114.00 OKLAHOMA NATURAL GAS 09/04 USE 117.22 AEP/PSD 09/04 USE 4.401.18 NEIGHBOR NEWSPAPER LEGALADS 310.50 NEIGHBOR NEWSPAPER LEGAL NOTICES 731.50 MILLENNIUM JOINT VENTURES USA STATUE-TIMMY &CINDY 2.250.00 MILL CREEK LUMBER &SUPPLY T|K8MY/C|NDYK4ATER|ALS 8.88 LOVVE8C0K4PAN|ES T|K4MY7C|NDYK8ATER|ALS 35.88 RAINBOW CONCRETE CONCRETE PAD 13825 EQUIPMENT ONE FORKLIFT RENTAL 125.00 VENDORS DESCRIPTION AMOUNT BROWN FARMS SOD SOD 25.00 GENERAL GOVERNMENT DEPT TOTAL 9,363,66 OFFICE DEPOT OFFICE SUPPLIES 25.89 ATWOODS SAFETY BOOTS 67.95 FUELMAN FUEL 238.40 NEIGHBOR NEWSPAPER ABATEMENT NOTICE 51.70 NEIGHBOR NEWSPAPER ABATEMENT NOTICE 56.10 BURR KANNADY INSPECTION SERVICES 460.00 BURR KANNADY MILEAGE 49.32 BUNYARD, DENNIS ABATEMENT MOWING 125.00 TULSA COUNTY MIS DIAL UP SERVICE 60.00 METROCALL 09/04 USE 18.38 AT &T WIRELESS PHONE USE -WILES 150.28 PROMISSOR C/O VOUCHER PROGRAM BUILDING INSPECTOR EXAM 140.00 COMMUNITY DEVELOPMENT DEFT TOTAL 1,443.02 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 628.13 FUELMAN FUEL 146.88 METROCAL.L 09/04 USE 7.12 CDW GOVERNMENT COMPUTER SOFTWARE 2,804.75 ENGINEERING DEPT TOTAL 3,586.88 OFFICE DEPOT OFFICE SUPPLIES 30.59 TRIAD PRINTING PRINTING 32.00 LOWES COMPANIES REPAIR SUPPLIES 468.69 MOTOROLA MTUG ANNUAL DUES 65.00 L & M OFFICE FURNITURE CUBICLE POST CONNECTOR 11.57 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 984.47 FUELMAN FUEL 286.96 REDLEE INC JANITORIAL SERVICES 1,162.80 FUELMAN FUEL 275.31 METROCALL 09/04 USE 17.75 AT&T WIRELESS PHONE USE 63.57 SUPPORT SERVICES DEPT TOTAL 3,398.71 AEP IPSO 09/04 USE 15.65 CEMETERY DEPT TOTAL 15.65 OFFICE DEPOT OFFICE SUPPLIES 18.17 WAL -MART COMMUNITY OFFICE SUPPLIES 18.81 OKLAHOMA POLICE SUPPLY AMMUNTION /LAMP KIT 486.65 TREASURER PETTY CASH MAINT SUPPLIES 6.32 WAL -MART COMMUNITY BATTERIES/TAPES 89.06 WAL -MART COMMUNITY CLAY TARGETS 7.94 SOUTHERN AGRICULTURE CANINE FOOD 31.99 POLICE PETTY CASH VEHILCE WASHIVACUUM 15.50 QUARTERMASTER UNIFORMS HONOR GUARD 57.75 EMBLEM ENTERPRISES UNIFORM PATCHES 124.10 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 5,030.17 VENDORS DESCRIPTION AMOUNT FUELMAN FUEL 3,673.60 A N Z SIGNS SIGN WORK 350.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 59.95 TREASURER PETTY CASH VEHICLE WASH 20.95 STAMPER, HOWARD MONTHLY RETAINER 150.00 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 105.00 OKLAHOMA NATURAL GAS 09/04 USE 96.74 AEP /PSO 09/04 USE 2,542.70 STATE OF OKLA BOARD OF TESTS INTOXILYZER REPAIR 107.00 YALE CLEANERS UNIFORM CLEANING 1,622.82 METROCALL 09/04 USE 199.10 CINGULAR WIRELESS PHONE USE 244.22 AT &T WIRELESS PHONE USE - CHIEF /DEPUTY CHIEF 126.11 TREASURER PETTY CASH POSTAGE 13.35 POLICE PETTY CASH POSTAGE 13.65 CHAMBLESS, SCOTT PER DIEM 49.00 TREASURER PETTY CASH PER DIEM - OFFICERS 483.00 TREASURER PETTY CASH TRAINING- LANDERS 26.00 POLICE PETTY CASH PARKING 10.00 POLICE PETTY CASH MEETING EXPENSE 10.83 IACP MEMBERSHIP ®CHAMBLESS 100.00 OWASSO PAWN CAMERA LENS 100.00 GALL'S INC LIGHTBAR 3,101.10 POLICE DEPT TOTAL 19,091.58 WAL -MART COMMUNITY PRISONER MEALS 67.18 METROCALL 09104 USE 7.10 POLICE COMMUNICATIONS DEPT TOTAL 74.28 STRATHE VETERINARY SHELTER SUPPLIES 10.43 ALLIANCE MEDICAL RUBBER GLOVES 76.17 TREASURER PETTY CASH REFERENCE MATERIALS 30.00 WAL -MART COMMUNITY SHELTER SUPPLIES 76.50 FUELMAN FUEL 80.48 STRATHE VETERINARY EUTHANASIA/VET SERVICES 169.50 CITY OF TULSA EUTHANASIA SERVICES 100.00 THREE LAKES LAUNDRY BUNDLE LAUNDRY 66.20 AEP IPSO 09/04 USE 280.08 METROCALL 09/04 USE 14.24 ANIMAL CONTROL DEPT TOTAL 903.60 OFFICE DEPOT OFFICE SUPPLIES 10.83 TREASURER PETTY CASH FLAG MEMORIAL 125.95 SAV -ON PRINTING POSTERS 160.00 CASCO INDUSTRIES REPLACEMENT UNIFORM ITEMS 1,055.00 THE IMAGE GROUP SHIRTS 2,024.62 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 169.13 O'REILLY AUTOMOTIVE REPAIR PARTS 29.35 ADVANCED MODULAR POWER SYSTEMS GAUGE 42.68 FUELMAN FUEL 1,534.36 VENDORS DESCRIPTION AMOUNT AEP /PSO 09/04 USE 1,383.78 LOWES COMPANIES REPAIR /MAINT SERVICE 444.44 OWASSO GLASS REPLACEMENT GLASS 84.92 OVERHEAD DOOR COMPANY DOOR TRANSMITTER /RECEIVER 121.00 AT &T WIRELESS PHONE USE -CHIEF 88.10 METROCALL 09/04 USE 9.28 JOHN WOOD COMMUNITY COLLEGE TUITION -HURST 892.00 OWASSO FITNESS ZONE GYM /EQUIPMENT USE 105.00 OWASSO LAND TRUST MEMORIAL MONUMENT CONST 2,219.87 LOWES COMPANIES MAINT SUPPLIES 66.35 FIRE DEPT TOTAL 10,566.66 AEP /PSO 09/04 USE 63.80 METROCALL 09/04 USE 14.24 EMERGENCY PREPAREDNESS DEPT TOTAL _- - 78.04 BROWN FARMS SOD SOD 50.00 RAINBOW CONCRETE CONCRETE 260.00 UNIFIRST CORPORATION UNIFORMS /PROT" CLOTHING 57.47 GEORGE & GEORGE SAFETY GLOVES 3.83 GEORGE & GEORGE SAFETY GLOVES 23.52 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 84.34 FUELMAN FUEL 526.95 BAILEY EQUIPMENT MINI TILLER 296.95 AEP /PSO 09/04 USE 942.63 AEP /PSO STREET LIGHTS 7.84 AENPSO STREET LIGHTS 4,187.20 EQUIPMENT ONE REPAIR SERVICE 196.58 BEE LINE TRAFFIC CONTROL TRAFFIC SIGNAL REPAIR 640.00 EQUIPMENT ONE RENTALS 50.00 METROCALL 09/04 USE 42.72 STREETS DEPT TOTAL 7,370.03 BAILEY EQUIPMENT BLADES 242.59 CROW BURLINGAME REPAIR SUPPLIES 9.00 UNIFIRST CORPORATION UNIFORMS /PROT CLOTHING 33.14 GEORGE & GEORGE SAFETY GLOVES 3.81 GEORGE & GEORGE SAFETY GLOVES 23.49 TULSA NEW HOLLAND SICKLE BAR PARTS 293.35 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 1,026.36 FUELMAN FUEL 260.33 LELAND BARTEL DBA CLIP -N -SNIP MOWING -MAIN ST 170.00 BAILEY EQUIPMENT WEEDEATER 20.50 METROCALL 09/04 USE 35.60 STORMWATER MAINT DEPT TOTAL 2,118.17 WATER PRODUCTS REPAIR SUPPLIES 136.66 ADVANCED WARNING BARRICADES 240.00 CINDY SIGNS HANDICAP SIGNAGE 120.00 BAILEY EQUIPMENT MAINT SUPPLIES 11.95 VENDORS DESCRIPTION AMOUNT PANNELL /ASSOCIATES RESTROOM REPAIR PARTS 200.70 FUELMAN FUEL 390.62 JB STIGALL CENTENNIAL PARK MOWING 372.00 LELAND BARTEL DBA CLIP -N -SNIP MOWING 1,200.00 OKLAHOMA NATURAL GAS 09/04 USE 141.85 AEP IPSO 09/04 USE 731.89 METROCALL 09/04 USE 14.24 A-1 FENCE CO FENCE RELOCATION 2,307.75 DARKS DEPT TOTAL- 5,867.66 FUELMAN FUEL 118.00 ACCURATE FIRE EQUIPMENT FIRE EXTINGUISHER SERVICE 61.00 AEP /PSO 09/04 USE 1,338.26 AT &T WIRELESS PHONE USE -VAN 30.30 CH2M HILL COMMUNITY CENTER DEPT TOTAL - - - - - -- 1,547.56 OKLAHOMA NATURAL GAS 09/04 USE 20.48 AEP /PSO 09/04 USE 140.90 HISTORICAL MUSEUM TOTAL 161.38 OFFICE DEPOT OFFICE SUPPLIES -0.26 FUELMAN FUEL 62.66 LONE STAR OVERNIGHT OVERNIGHT DELIVERY 24.18 CARD CENTER ICSC MEETING 150.00 TRIAD PRINTING PRINTING 340.00 JENNIFER A KOSCELNY CONSULTING SERVICES 180.00 TREASURER PETTY CASH CONFERENCE -HAYES 100.00 ECONOMIC DEVELOPMENT DEPT TOTAL 856.58 GENERAL FUND TOTAL 74,573.7'i, MEDICAL COMPLIANCE SPECIALITY BIO -WASTE DISPOSAL 74.00 MEDICAL COMPLIANCE SPECIALITY BIO -WASTE DISPOSAL 74.00 PSI PHARMACEUTICAL SYSTEMS AMBULANCE SUPPLIES 30.00 AT &T WIRELESS PHONE USE - OTHERS 61.82 AMBULANCE SERVICE FUND TOTAL 239.82 TOTAL RADIO MAINT CONTRACT 675.00 SOUTHWESTERN BELL E -911 1,317.96 E -911 FUND TOTAL 1,992.96 VERDIGRIS VALLEY ELECTRIC EMERGENCY STORM SIRENS 272.99 EMERGENCY SIREN FUND TOTAL 272.99 MESHEK & ASSOCIATES ENGINEERING SERVICES 29,602.11 STORMWATER MGMT FUND TOTAL 29,602.11 DUVALL ELECTRIC STORM SIREN INSTALLATION 4,295.00 GABLES EXCAVATING ELECTRIC SVS -STORM SIRENS 4,365.00 CH2M HILL ENGINEERING SVS -129 E AVE WIDENING 18,800.00 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/2/2004 Qepartent Overtime Expenses Total Expenses Municipal Court 0.00 ,1 80.33 Managerial 0.00 14,409.66 Human Resourses 0.00 5,570.76 orh unj ty l el p e t 12,124:1 Engineering 0.00 11,070.16 's Rg • :A 1 M Fire 1,204.04 59,064.61 Emerc ncy Prep red ! 0 00: 1.7 2 42 Streets 48.96 6,104.32 Park 0.00 7,756.62 MENMaintenance Erneraencv 011 Fund 052.25 Worker's Comp Self-Insurance Fund Fund Total $596.80 TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM- MICHELE DEMPSTER PNSI-D- HUMAN RESOURCE DIRE CTOR SUBJECT- RE, QUEST FOR EARLY RETIREMENT DATE: October 7, 2004 0-TINT130011-tMUT1 al-01 September 29, 2004 was the last day of employment for Sheryl Duggan. Ms. Duggan has been employed with the City for sixteen years and is between the age of 55 and 65. Therefore, Ms. Duggan meets both requirements for Early retirement. Staff recommends approval of Sheryl Duggan's request for Early retirement. � t TO: TBE HONORABLE ' C CITY OF ASS FROM- ERIC WILES COMMUNrrY DEVELOPMENT " DIRECTOR SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT NATIONAL SITAK AND POULTRY DATE: October 7, 2004 AGENDA ITEM H&D Federal and state regulations require that each grant recipient designate a certifying official. This official is typically the mayor when the recipient of a grant is a municipality. The certifying official (through use of the staff and contractually with INCOG) assumes responsibility for the environmental review process, making findings, and signing certifications. . . . . . . . . . I The staff recommends Council designation of the Mayor as the City's certifying official for documents required by the grant and authorized by the Council. K 9-11VIOU] WIII I H The staff recommends that the Council approve the INCOG reports and finding of no impact on the environment as a result • the Sidewalk Improvement Program, and that the authorized to execute the Certification • Continued Environmental Compliance. AGENDA ITEM H&F EXECUTE AN ENVIRONMENTAL CERTMCATE AND THE REQUEST FOR RELEASE The staff recommends that the City Council authorize the Mayor to execute ?e: «\ « «» »? Certificate and the "Request for Release of Funde' as required by grant conditions. The Antidisplacement Plan addresses the actual or unexpected demolition of low /moderate income dwelling units. There ©? be no demolition of dwelling units because of this project. However, it is required that a plan be approved that states that demolition is not planned and if unexpected demolition should occur. all federal regulations would be followed to mitigate any adverse impact. The staff recommends Council adoption of an Antidisplacement Plan for the Sidewalk hnprovement Program, and that the Mayor be authorized to exe22 »93+» :2 #c u l ument. FROM: INCOG STAFF SUBJECT: ENVIRONMENTAL REVIEW RE CORD FOR THE CITY OF OWASSO/NSP PARKING AND DRANIAGE ED PROJECT DATE: OCTOBER 6, 2004 1) Designate the City's Chief Executive Officer, the Mayor, as the certifying officer under the National Environmental Policy Act of 1969 to assume overall responsibility for the environmental review process. 2) Make a Finding of No Significant Impact on the Environment for the City of Owasso/TNSP Parking and Drainage ED Infrastructure Project. 3) Authorize the Mayor to sign the Environmental Certification and Request for Release of Funds Request. An additional action that the City Council must take to request a Release of Funds includes the approval of an anti-displacement plan for the project even though no displacement will occur. The INCOG staff recommends that the City Council take the following action. CITY OF OWASSO DOW1 F, It, NQP -PA iiiii-64AW-Al' "W kfAi "T' v gjii , I X, ENVIRONMENTAI RE VIEW FINDING On the basis of the environmental assessment of the above project, I have made the following finding. X A FINDING OF NO SIGNIFICANT IMPACT I find that this project is not a major federal action which will have a significant effect on the quality of the human environment and is consistent with the provisions of 24 CFR' Pait 58. Subpart E. and that these activities are in compliance with the environmental requirements of related federal authorities. A request to the State for the release of project flands will not require an Environmental Impact Statement. October 19 2004 Date Attachment With reference to the above Program Activity/Project,[, the undersigned officer of the recipient, certify that: \. The recipient has fully carried out its responsibilities for environmental review, decision-makincy and action pertaining to the project named above 2. The recipient has complied with the National Environmental Policy Act of 1969. as umondod, and with the environmental yrnunduus, permit requirements and statutory obligations of the laws cited in24CP850.5. 3. The recipient has taken or will take into account the environmental criteria, standards, pen-nit requirements and other obligations applicable to the project or program activity under other Federal, State, and local laws that the recipient has the direct responsibility to comply with. 4. For UDAG projects only, the recipient has provided the State Historic Preservation Officer and the Secretary nf the Interior eu opportunity tn act with respect to properties which the recipient believes are affected by the project and are eligible for the N`uinnu( Register ofHistoric P|000s (Section |l9(n).BCD Act ny|974.ovom*ndcd). J. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part lvf this request, { have found that the proposal _______did X_ —did not require the preparation and dissemination nfuoenvironmental impact statement. 6. The recipient has, prior t*submitting this request for the release of funds and certification, published in the manner prescribed by 24 CFR 5 8.43 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies). 7. The dates upon which all statutory and regulatory tirne periods for review, comment or other action are indicated below and are in compliance with the procedures and requirements mf24CFR 50. Item Notice of rundi ng of mo Significant Impact Publication Date Comment Period: Notice of Intent to Prepare an EIS Publication Date: Comment Period: Combined Notice: Address nw�^ann�m � mmm�� Draft EIS P.O. Box 180 Finding of No Signiricant Publication Date 10/20/04 I prosecute Use claims mid staten%ms. Convictionma result in criminal md/or civil Venalti's I InIn 012..31 USC3729,3802) Publication Date: Impact and Intent to for approval) Request Release of Funds Comment Period: 10/20/07 11/29/04 Comment Period: Notice of Intent to Final EIS Request Release of Publication Date: Publication Date: Funds Comment Period: Comment Period: Other (specify) Finding of Other (specify) coteuohum | | | Exclusion Request for Release or HUD or State Address nw�^ann�m � mmm�� ��s o�m�r�om P.O. Box 180 Funds Decision Period: (Minimum period I prosecute Use claims mid staten%ms. Convictionma result in criminal md/or civil Venalti's I InIn 012..31 USC3729,3802) (Minimum period Estimated by Recipient for approval) for approval) As the duly designated certifying official vy the recipient, ' also certify that: /- /mn authorized m and do consent m assume the status orresponsible federal official under the National Environmental poUxyAct^r|vovmoucurmvioioovr law designated mz4ceusu5 list orwEo^' related authorities insofar uomupmvsimw"/m:se|uwoopnymdmuuom,pomibi|iuesknmvin.nmm*u review, decision making and actions that have been assumed xx the recipient. z By so consenting, 1 have assumed the responsibilities for the conduct of environmental review, decision making and actions as to environmental issues, preparation and circulation of draft, final and supplemental environmental impact statements, and lead agency or cooperating agency responsibilities for preparation of such statements on behalf of federal agencies including HUD, when these agencies consent m such assumptions. 3. 1 am authorized to and do accept, on behalf of the recipient and personally, the jurisdiction of the federal courts for the enforcement vrunthmvre9"noim|moo.m mx capacity uo certifying officer or the recipient. Signature of Certifying Officer of the Recipient Address City of Owasso P.O. Box 180 Owasso, Oklahoma 74055 Title. Mayor I prosecute Use claims mid staten%ms. Convictionma result in criminal md/or civil Venalti's I InIn 012..31 USC3729,3802) COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND ... TO REQUEST , "SE OF FUNDS City of Owasso October 20, 2004 P.O. Box 180 Owasso, OK 74055 Contact: Eric Wiles (918) 376 -1500 This notice shall satisfy the above -cited two separate but related procedural notification requirements. On or about November 8, 2004, the City of Owasso will submit a request to the Oklahoma Department of Commerce (ODOC) for the release of Community Development Block Grant (CDBG) Program funds under 'Title 1 of the Housing and Community Development Act of 1974, as amended, to undertake a project known as the National steak and Poultry Parking and Drainage ;improvement Project of the City of Owasso, Tulsa County Oklahoma. The estimated project construction cast is $140,000 FINDING OF NO SIGNIFICANT IMPACT The City of Owasso has been determined that the project will. have no significant impact on the human environment. 'Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the office of the Community Development Director for the City of Owasso at the above address and may be examined or copied weekdays from 8:00 A.M. to 5:00 P.M. PUBLIC COMMENTS Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Community Development Director of the City of Owasso at the above address. All comments received by November 8, 2004 will be considered by the City of Owasso prior to authorizing submission of a request for release of funds. Commentors should specify which part of this Notice they are addressing. The City of Owasso certifies to ODOC that Susan Kimball in her capacity as Mayor, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. ODOC's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Owasso to use Program funds. ODOC will consider objections to its release of funds and the City of Owasso's certification received by November 29, 2004 or a period of fifteen days from its receipt of the request (whichever is later) only if it is on one of the following basis: (a) that the certification was not executed by the Certifying Officer or other officer of the City of Owasso approved by ODOC; or (b) the City of Owasso has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient_ or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by ODOC; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to the Oklahoma Department of Commerce at P.O. Box 26980, Oklahoma City, Oklahoma 73126 -0980. Potential objectors should contact ODOC to verify the actual last day of the objection period. Susan Kimball, Mayor Il. •s �1 9M r�qwrn-f _#_T7t71rf ,�TMT ECONOMIC DEVELOPNIENT The following agenda outlines the documentation necessary before funds may be released on a CDBG-EDIF project. Where "ODOC Form Required" is indicated, no substitution will be allowed. Following each description, the party responsible for providing the item of documentation is indicated in [brackets]. Contractor Name: City of Owasso Borrower- NA Companya National Steak and Poultry, Inc. Lender: NA Contract Number: TYPE OF PROJECT. [X] Infrastructure Grant infrastructure Loan Date Date REQUIREMENT Items Received by Approved Included ODOC by ODOC A. Authority-to-Act Disclosures - I ate of Good Standing from the State of Oklahoma. If the Company is 1. 1. 1. incorporated in another state, the Certificate from the state of incorporation and - the Certificate from the State of Oklahoma will be re aired. [Comp any l_ 2. Acceptance of the CDBG-EDIF award and minutes of the meeting of acceptance 2. 1 2. from the local unit of government. This is a copy of the action taken by the local Acceptance Acceptance Acceptance unit of government to accept the CDBG-EDIF award, along with the minutes of the meeting showing the vote of acceptance of the CDBG-EDIF grant/loan by the & Minutes & Minutes & Minutes F local unit of goycem�ment. �fTow 3 Contract between ODOC and the (Grantee). This is the master document that 3. 3. 3. outlines the terms and conditions of the CDBG-EDIF award. This document, prepared by ODOC, incorporates all administrative responsibilities of the local unit of government. Upon receipt of the blank contract, the Town/City/County should review the document for consistency, seek approval and resolution by the governing body to execute the contract and return the executed document to ODOC. [Town/City /Count yj___ 4. Letter of Acceptance from the sponsoring unit of government, signed by the senior 4. 4. 4. elected official. This requirement consists of the acceptance and return of a photocopy of the Terms and Conditions portion of the award letter after approval and acceptance by the governing body of the local unit of government. [Town/City /Count yl B. PROGRAM REQUIREMENT DISCLOSURES DO NOT AWARD CONSTRUCTION CONTRACTS PRIOR TO RELEASE OF FUNDS 5. Evidence of General Liability Insurance and Bonding. Town/City/County must 5. 5. 5. submit evidence of liability insurance and bonding for individuals responsible for direct contact with State and Federal funds prior to release of funds. [Town/Ci!y�nt 6. Anti-Displacement Plan. Town/City/County must adopt and submit an Anti- 6. 6. 6. (see Attachment 3). Disg!a ment � � Town/City� 7. .Plan _ Federal Procurement Procedures Certification. Town/City/County shall submit a 7. 7. 7. certification that it will comply with all State and Federal procurement requirements for professional service contracts for administration services, arch itectural/engineering and public construction contracts, if applicable. If these costs were expended prior to compliance with Federal procurement procedures, CDBG-EDlF funds may not be used to reimburse those costs. fTown/City /Count yl hJb/ka/2001 edif/cotton colrof.doc 8. Certification Environmental Review. Town /City /County completes an 8. 8. 8. environmental review for each contract activity [Town /City /Company] Environmental Certification: A. Categorically Excluded /Exempt from ROF Publication Activity (CDBG Sample 403 -3), Historical and Archeological Clearance A. A. A. B. Categorically Excluded Activity (Form403 -6), CDBG Sample 403-5, B. 13. __- B.. Form 403-13, Historical and Archeological Clearance C. Assessment Activity (Form403 -C), CDBG Sample 403.8, Historical and C. C. C.. Archeological Clearance, Form 403 -B 9. Placement Plan (Form 1601 -D) 10. Adverse Change Certificate (ODOC Form Required). The Company is to provide 10. 10. 10. written certification that there have been no unresolved litigation(s) or unremedied adverse change(s) in the financial, operational or other conditions of the Company since the date of the a lication. Town /Cit /Count 11. Verification of the other sources of funds (leverage). Evidence that the other sources it. 11. 11. of funds claimed as leverage are completed and in place must be provided. This may require any or all of the following: (1) Copies of promissory notes and loan histories; (2) Copies of security agreements; (3) Copies of loan agreements; (4) Copies of guaranty agreements; (5) Copies of loan histories; (6) Copies of bank statements; (7) Copies of canceled checks; or (8) Other documentation that the circumstances may require. Sources for the project are: 1. City of Owasso $ 10,000 2. National Steak and Poultry, Inc. $ 1,873,255 Special Conditions. Town /City/County shall submit to ODOC evidence of 112. satisfying any special conditions that are specified in the Terms and Conditions of the Award Letter.[Town /City /County] The development and execution of a resolution by the City of Owasso to tri future beneficiaries of the CDBG -EDIF funded infrastructure improvements. S resolution should include not only National Steak and Poultry, Inc. but also other entity using the CDBG -EDIF funded infrastructure improvement. The ti period for said resolution for National Steak and Poultry, Inc. will be until all of projected jobs have been created by National Steak and Poultry, Inc. and the proj has been closed out, and for all other beneficiaries, a period of time starting with date the State awarded the CDBG -EDIF funds to the City of Owasso, and end one year after the physical completion of the improvements. A copy of the di resolution shall be delivered to the Oklahoma Department of Commerce for revi and approval, before the resolution is adopted by the City of Owasso; The development and execution of an ordinance that provides that any entity usi the CDBG ®EDIF funded infrastructure improvements has to agree to provide j tracking data as a condition of using the improvement for a period of time starti with the date the State awards the CDBG -EDIF funds to the City of Owasso a ending one year after the physical completion of the public improvement. A co of the drab ordinance shall be delivered to the Oklahoma Department of Commeu for review and approval, before the ordinance is adopted by the City of Owasso; The City of Owasso shall certify to the Oklahoma Department of Commerce, that the execution of a construction contract for the CDBG -EDIF financed activities of the project may not take place before the release of funds date. The county shall also certify to the Oklahoma Department of Commerce that it will not start construction of the CDBG -EDIF portion with other funds and then reimburse those WO M 2 h:jb /ka /2001 edit /cotton co /rof.doc V funds when the CDBG-ED[F assistance begins. 4. The City shall provide verification of the existence of the construction and permanent easements for the railway improvements. 13. CIDOC will contact the appropriate Town/City /County and Company personnel to 13. --f-3.73-. schedule a Contract Implementation Meeting prior to release of funds. [ODOC] Name & Title of Authorized Official Signature of Authorized Official MR 11:jbika/2001 edif/cotton co/rof.doc PLAN 1. A description of proposed assisted activity; 2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for commencement and completion of the demolition or conversion; 4. The location on a map and number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy, and; 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low/moderate- income households in the jurisdiction. If displacement of low/moderate-income households occurs in conjunction with the community development activities funded with CDBG funds, the City will provide relocation assistance, as described in 570.496(b)(2) to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities. For: City of Owasso Attest: Lo Mayor in City Clerk TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER INFRASTRUCTURE INSPECTOR SUBJECT. ACCEPTANCE OF ON-SITE AND OFF-SITE SANITARY SEWER SYSTEMS CHELSEA PARK KZVIV194� �10=]Kcffl This addition lies within Washington County Rural Water District No.3. The water system will receive District approval on October 18, 2004 (see attached letter from Washington RWD No.3). Final inspections for both sanitary sewer systems were conducted on September 15, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for both systems (see attached). R"A I ax, Staff recommends Council acceptance of the Chelsea Park on-site and off-site sanitary sewer systems. MON2111 A. Location Map B. Washington County Rural Water District No. 3 Letter C. Maintenance Bond D. ODE( Permit Letters Owasso Public Works Department Engineering DIV. P. 0. 180 Owasso. OK 74055 918.272.4959 A%,AA-%v.citvofbwasso.com. CBELSEA PARJ Sanitary Sewer I 10/01/2004 00:12 9182720210 SIMMONS HOMES 09/U/04 WED 08:37 FAX M 371 3494 RIT NTHRER WASH. CO. PAGE 01 Z001 ,Sc.ptcrnbf,T 27, 2004 121 so F- ge St N Suite 212 Owftao OK 7405 5 FAN 272-53 76 Dow W, Chamer, Washingwa County Ruml Water Disidot #3 has tvcWved all mqu cnft for Cbelse, 9 '-'- zad �° LU be appmved at the October 18, 2004 board meetin& .944, 0 6-rely /AV laternallonal Fidelity I N 9 U rl A N � e c c) m P A M Y MAP 1-M-M2 �QN � One NDwark Center Newark, Now Jersey 07102 (973) 624-7200 Bt)ND MC). SWIF SU030533,f_ VGNED, SEALED AND DATQD THIS 14 day of September 2004 Obligae for Chelsea Park - Owasso, Oklahoma Sanitary Sewer (on and off site) and Storm drainage NOW, THEREFORE, W She Principal shall make any repairs or replacements which may become necessary during the Period of One year after acceptance because of defective materials W workmanship in connection with said contract of which defectiveness the Obligee shall give the Pr)nc)pa) and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise It shah be in full force and affect. All suits at law or proceedln )s in equity to recover ovi this bond must be instituted within twelve (12) months after the exialraRan of the maintenance Pedod provided for herein. VIAtness M Green Michael Tedford Attorney-in-Fact Ba President CS COMPANY April 15, 2004 F. Robert Carr, Jr., P.E., Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072040327 Chelsea Park Addition Sanitary Sewer Line Extension S-21310 BRAD HENRY Governor Enclosed is Permit No. SL000072040327 for the construction of 5,581 feet of eight (8) inch PVC sanitary sewer line to serve the Chelsea Park Addition sanitary sewer line extension, City of Owasso, Tulsa County, Oklahoma. Department on April 15, 2004. Any deviations from the approved plans an ificat ions affe * cting 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 qf 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. Russell E. Dixon, P.E., Tulsa Engineering & Planning Associates, INC Rick Austin, Regional Manager, DEQ Regional Office at Tulsa 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 2 n-I M"-- "I STEVEN A.TUDMPSON Executive Director OKLAHOMA DEPARTMENT 0[ENVIRONMENTAL QUALITY June 1, 2004 Re: Permit No. SLO00072040485 OffsdeCheluea Park Sanitary Sewer Line Extension S-21310 BRAD HENRY Governor Enclosed hs Permit No. SLO0OO72O4O485 for the construction of2.540 feet cf ten (10) /nnh and 16Sfeet mf eight (8)�oh PVC sanitary sewer line tosenx* the {)f��e<�heloesPark sanitary ' �r|ine extension, City of Owasso, Tulsa County, Oklahoma. * The project authorized by this permit should be constructed in accordance with the plans approved by this Department on June 1, 2004. 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 Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, qfter which it should be made a matter of permanent record. We are retuming one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (I) set for our files. Russell E. Dixon, P.E, Tulsa Engineering & Planning Associates, Inc. Rick Austin, Regional Manager, DEQ Regional Office atTulsa 707 NORIII ROBINSON, H. BOX 1677, OKLAHOMA CITY, OKI-AHOMA 73101-1677 ^°''��^`'p,^`°"^'^r"* �� iffi"fffl�ff'�,ro,lytILl,ul-tll-lmiTi-I TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER INFRASTRUCTURE INSPECTOR SUBJECT: ACCEPTANCE OF SANITARY SEWER SYSTEM DATE: October 18, 2004 The subject residential development is located northwest of the N 161" East Avenue and E 861h Street North intersection (see attached map). The sanitary sewer system consists of approximately 2,998 feet of 15-inch and 7,389 feet of 8-inch PVC sanitary sewer line. Design of the sanitary sewer system was reviewed and approved in January 2004 and has been permitted by the Oklahoma Department of Environmental Quality (see attached permit letter). The addition ties within Rogers County Rural Water District No. 3 and has received District approval (see attached letter from Rogers County RWD No. 3). Final inspection of the sanitary sewer system was completed on September 29, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the system (see attached). 11100 Staff recommends Council acceptance of the Preston Lakes III sanitary sewer system. A. Location Map B. Rogers County Rural Water District No. 3 Letter C. Maintenance Bond D. ODEQ Permit Letter Owasso Public Works Department Engineering Div. Z:) P.O. 180 Owasso. OK 74055 918.272.4959 wNvN,%,-.Citv0f0-,vasso.Com Z577-Lux oe-777 Location Ma pi 10106/2004 15:21 9IR34303IV3 R.WD3 PAGE 01 October 6, 2004 J-B Alexander City of Owasso fa,x, Z724996 diaft IR04 Inlernallonal Fidelity JNSU rte' ANCEi 0 0 M P A N Y _MAIP29MANCE SQNQ One Newark Center liewark, New Jersey 07102 (973) 624-7200 BiDNDNC). SWIFSU0305337 Z THE CONDITION OF THIS OBLIGA)ION IS THAT, WHEREAS tfiG PfInClpal entered intcj a contract with the obligee Mr Preston Lakes III ® Owasso, Oklahoma Sanitary Sewer and Storm drainage AND WHEREAS, ft Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract, NOW, VERESORE, if the PTinClP@1 ShBil Mk() any repairs or replacement% which may become necessary during the period of One year after acceptance because of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise it shall be in full force and effent. Ail Suite at law or proceedtngs in equity to recover on thlis bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Witness im C Green Michael Tedford Attomey-Ij7-Fact February 17, 2004 F. Robert Carr, Jr., P.E., Public Works Director City of Owasso 1 1 1 North Main Owasso, Oklahoma 74055 Re: Permit No. SLO00066040091 Preston Lakes Phase III Addition Sanitary Sewer Line Extension S-21310 BRAD HENRY Governor 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. 707 NORTH ROBINSON, F.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 -Ih ;""/ -k TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- J,B. ALE XANDER INFRASTRUCTURE INSPECTOR SUBJECT.- ACCEPTANCE OF SANITARY SEWER, STREET, AND STORM DRAINAGE SYSTEM LONGFORD AT OWASSO I Final inspection for the sanitary sewer, street, and storm drainage systems were conducted on June 30, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the sanitary sewer and storm drainage systems and a two-year maintenance bond for the street (see attached). 1`1111111, Staff recommends Council acceptance of the Longford at Owasso I sanitary sewer, street, and storm drainage systems. A. Location Map B. ODEQ Permit Letter C. Maintenance Bonds 106TH ST TAT STEVEN A. THOMPSON Exe(utivo Director March 26, 2004 RW"_ 0 K L A H 0 M A DEPARTMENT Of ENVIRONMENTAL QUALITY F. Robert Carr, Jr., P.E., Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072040319 Longford at Owasso 1 Sanitary Sewer Line Extension S-21310 BRAD HENRY Governor � RECE"11-D APR - 5* 2004 Enclosed is Permit No. SL000072040319 for the construction of 698 feet of eight (8) inch PVC sanitary sewer line to serve the Longford at Owasso 1 Addition sanitary sewer line extension, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on March 26, 2004. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by tie Department before changes aro 'nade. 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 onc (1) set for our files. Very truly yours, 11 J Water Quality Division E� 04 Enclosure Russell E. Dixon, P.E., Tulsa Engineering & Planning Associates, INC Rick Austin, Regional Manager, DEQ Regional Office at Tulsa 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 --/- I - I I I I , - I ,, I I I I :-) I Ilk 4% 9. 01 " EAM KNOW ALL MEN BY THESE PRESE NT. at We Davis services of Tulsa, Inc. Principal; and the as Surety, oxe, held and fimilybou-nd unto city of Owasso, Oklahoma as Obligee, in thQ full. and j ust stun of _D tars & forty cents ($29,353.40) dollars, to be paid to the said Obligee or its C-01taill atton-iey, heirs, executors, admbaistTators or assigns, to which payment will and truly be made, we bind ourselves arid each of us, DUr assWis, jointly and severally, Emaly by these presents. Signed with our seals and dated this day of __220 - - -- The condition of this obliclation is such that whereas the above bonded Piincipal has witered into 1� contract With for in full force and effect. WITNESS: (JA4 SeA IJ �'-ZA OC- -A I y® M Em 10 SURETY A TOL E Y_1 M-r' � Deborah J. Morris A w t T \ Mid-Continent Group DEFECT BOND KNOW ALL MEN BY THESE PRESENTS: 'RiATWE, Becco Contractors, Inc. as Principal, and MID-CONTINENT CASUALTY COMPANY, an Oklahoma corporation, having Its principal place of business in the City of Tulsa and State of Oklahoma, & Great American Insurance Company & State of Obio Grading, Paving and Storm Sewer Longford at Windmill Creek, Owasso, OK NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal shall maintain said improvements for a period of —T-Wi0--t2�1—yearl[s) against any failure due to detective workmanship or materials, sold TWD—(-2 —paqs) period to begin with the date of completion and acceptance of such completed improvements described above, then this obligation shall be null and void, otherwise to remain In full force and effect subject however to the following express provision: MID-CONTINENT GAS A u an*%,company ;;7y/Great A me rican Ry I SRI TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OFOWASSO FROM: J. R. ALEXANDER INFRASTRUCTURE INSPECTOR SUBJECT: ACCEPTANCE OF 6-INCH WATER LINE WALGREENS The subject commercial development is located at the southwest comer of the E 96th Street North and N 129"' East Avenue intersection (see attached map). The water system consists of approximately 30 feet of 6-inch PVC potable water line. Design of the water system was reviewed and approved in October 2003 and construction inspected by the Public Works Department. Final inspection for the water system was conducted on March 1, 2004. All items identified at the final inspection requiring correction to meet city standards have been completed. A permit exemption letter was issued by the Oklahoma Department of Environmental Quality (see attached permit exemption letter) and the contractor has provided the required one-year maintenance bond for the water system (see attached). Staff recommends Council acceptance of the Walgreen's water system. A. Location Map B. ODEQ Permit Exemption Letter C. Maintenance Bond Owasso Public Works Department Eng-mieefin.g Div. P.O. 180 Owasso- OK 74055 918.272.4959 wAvAv.cit-,-ofbAvasso.com MIM k M�M 4 lj� * , U, STEVEN h.lHOMPSON Executive Director September 23,2004 BRAD HENRY Governor Enclosed is Permit Exemption No. WLSCO072041073 for the construction of 30 feet of 6 inch water line to serve the Walgreen's Store #2361. extension as constructed meets or exceeds the Board standards. must be submitted to the 11 LS I I ME OF aypl WT before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of *wasso, after which it should be made a matter of permanent record. TVV/8h Enclosure cc: Mary Randolph, PWS District Representative, DEQ Tulsa DEQ Office, R.S., Tulsa County DEQ Environmental Specialist Rick Austin, R.S., Regional Manager, DEQ Nathan Kuhnert, Planning & Management Division, 0WR13 7O7 NORTH RO0|NBOW'0. BOX l677, OKLAHOMA CITY, OKLAHOMA 73101-1677 �� Bond No. 8751623 The conditions of this obligation are such that whereas, said Principal has by a certain contract befVeen Nolan Hatcher Construction Services ,L.L.C. and Bencor Owasso LP dated this -t-W day of February, 2004, agree to construct in THE CITY OF OWASSO: 6" Water Line & Fire Hydrant at City Right of Way, 12802 East 96 Street North, Owasso, *K WHEREAS, said contract provides that the Principal will furnish a bond conditioned guarantee for the period of One (1) year after approval of the final estimate on said job, the owner, against all defects in workmanship and materials which may become appare during said period, and I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that, the Principal shall indemnify the Obligee for all loss that the Obligee may sustain reason of any defective materials or workmanship which become apparent during t period of One (1) year from and after acceptance by City of Owasso then this obligatio shall be void, otherwise to remain in full force and effect. I M on Services, L.L.C. Fidelity arJJ Deposit Compan fl BY: ffae, 41, 7M, Shelli R. Samsel, Attorney-in-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: ��® DEPOS " State of Maryland SS'. City of Baltimore I 7. E. Smith Assistant Secretary By: Paid C Rogers Vice President On this 2nd day of July, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. fla ' vden Notary Public My Commission Expires: February 1, 2005 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- RONALD D. CATES CITY ATTORNEY SUBJECT. 86th STREET NORTH WIDENING PROJECT- ACCEPTANCE FROM KAISER-FRANCIS OIL COMPANY, ET AL, AUTHORIZATION FOR MAYOR TO EXECUTE SAME Presented for the Council's consideration is a Warranty Deed from Kaiser-Francis Oil Company, the Ruth K. Nelson Family Trust, Gambit Investment Company and the Fell- Green 1987 Trust. This Warranty Deed conveys needed Permanent Right of Way on 86th Street North necessary for the 86th Street North Widening Project. A copy of the Warranty Deed is attached. On September 9, 2003, the Record Owners of a parcel located on 86th Street North executed a Right of Entry authorizing the City to proceed with its road construction activities in furtherance of the 86th Street North Widening Project. A copy of the Right of Entry together with the Tract Illustration is attached. This site had been originally anticipated as being developed by KMO Development into a KFC restaurant. Negotiations were amicable; however, due to the status of the development process, the Record Owners were not prepared to convey the necessary Permanent Right of Way. Efforts on the part of City Staff to obtain the necessary permanent Right of Way were purposely held in abeyance pending the Record Owners decision concerning the development of the tract. Warranty Deed Acceptance October 15, 2004 Page 2 Staff recommends that the Council accept the Warranty Deed and authorize the Mayor to execute such. Should you have any questions regarding this matter please contact Mr.Ray or me. ATTACHMENTS: 1. Warranty Deed and 2. Right of Entry Q STATE OF OKLAHOMA ) ) S& COUNTY OF TULSA ) The undersigned Ruth K. Nelson, Trustee of the Ruth K. Nelson Family Foundation, Kaiser. Francis Oil Company, Gambit Investment Company, and Melissa Beth Fell, Successor Co-Trustee of the Fell-Green 1987 Trust, parties of the first part, being the sole owners of all interests, both legal and equitable, in the following described property: I MT11 N MINI Ev Bv Steven R. Berlin, Vice-President elks M Beth Fell, Success® Co Trustee of the Fell-Gre n 1987 Trust 9 STATE OF OKLAHOMA ) )ss. COUNTY OF TULSA ) This instrument was acknowledged before me on the 14 41-- day of _ (0 CL 2004, by Steven R. Bedin as Vice-President of Kaiser-Francis Oil Company. N � =0 N . Ot;,IIY PU lic Old, NOR OFFICJAL SHED D G DDS Tulsa COUflry commissionEXPiras 1/1612005 STATE OF OKLAHOMA) )Ss. COUNTY OF TULSA ) STATE OF OKLAHOMA ) )ss. COUNTY OF TULSA ) This instrument was acknowledged before me on the _14� day of 0 QA:6bL4_ , 2004, by Andrea Schlanger, as Managing General Partner of Gambit Investment C 710� .4 My CommissiDn -10 6 — :) 19 qz C_' _ STATE OF OKLAHOMA ) )Ss. COUNTY OF TLJ1_SA ) Public u�ianur,� OFFICIAL SEAL HEjLA GADDS Tuba county 1/1612005 mn This irtstrument was acknowledged before me on the 14 day of OL-C-0 ty Melissa 13L-M Fell, as Successor Co-Trustee of the Fell-Green 1987 Trust. I&L My Commission No. 0,�- 0 Legal Description part of the Northeast Quarter of the Northwest Quarter (N EA N14) of Section 2, Township 21 North, Range 14 East, Indian Meridian, Tulsa County, Oklahoma, more particularly descHbed as follows: along the Easterly line ot said 1117/4 tor bU 0 teet; Mence boutri i e. southerly of the North line of said NW/4 for 148.70 feet; thence North 01 "08"15" West for 60.00 feet to a point on the North line of said NW/4; thence North 88'51'45" East along said Northerly line for 148.53 feet to a Point of Beginning. I The undersigned, being the owner of record of the property described below, does hereby grant to the City of Owasso, Right of Entry onto said property for the purposes hereinafter set ftm Parcel of land lying in the Northeast Quarter of the Northwest Quarter Section 28, Township 21 North, Range 14 East, Tulsa County, Oklahoma, according to the official recorded plat thereof, more particularly described as set forth on Exhibit A attached hereto. Employees, agents or contractors representing the City of Owasso, and/or the Owasso Public Works Authority, shall be permitted the right to enter upon the above described propers to construct a street project for 86 th Street North, as well as, the Brentwood Lift Station Removs and Sewer Extension Project. All debris, dirt, rock and other materials shall be removed from the area subsequent to Lastly, the granting of this early Right of entry, shall not affect, render or modify any art all rights of record owner in the contemplated condemnation action to be filed herein, in particular the establishment or determination concerning the date of evaluation or "taking" as well as "just compensations" as defined by the Oklahoma Statues is reserved. DATED THIS q DAY OF -7- fl Ucgal RCales'.KAinx -Fs� Wcs Oil RIGHT OF ENTRY &c 2003. Fell Green 1987,_Trust BY: Name: 1: 6:rl Z - Title: C6 `r5 L) V, r STATE OF OKLAHOMA ss. COUNTY OF TULSA Name: Title: CITY AND/OR A By: Name: Title: City Manager BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this qy- - day of 2003, personally appeared�e �j L a n d to me known to be ihe identical person(s) who executed the within and foregoing instrument and acknowledged to me that gL fh�py- executed the same as h i-5 4heii- - free and voluntary act and deed for the uses and purposes therein set forth. STATE OF OKLAHOMA ) )ss. COUNTY OF TULSA Zu� III., no I I 12W. 11111111111111"11W 1[011011111111111� fM day of 2003, personally appeared — and to me known to be the identical person(s) who executed the within and foregoing instrument and acknowledged to me that executed the same as — free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal of office the day and year last written above. Notary Public sm 11:11­,_galWx,�,Kaisc -Frarsi- Oil RIGHT OFIEWRY.doc SEC.28 T21N, R14E BEFORE CROSS 5.253 ACRES EXISTING R/W - __ -- - N/A ACRES PERMANENT R/W (9,984.147 sq.ft.) or 0.23 ACRES REM IN QTR 5.023 ACRES PERPETUAL EASEMENT N/A ACRES TEMP R/W _ -- CHANNEL (1,800.000 sq.ft.) or 0.04 ACRES TEMP R/W - —.__. ACRES SEC. UME _ 88TH SiRE7 !Y. ®e aw ®m ¢ pRES. RIW & PROP. LI/df , ,,;;; a {: • *. ' ::r. ; . I — I �. RI W ll Teti R w I �I zi PARCEL No. 7.0 I or NE /4, NW /4 SEC. 28 4 ® I� 721N, R14Ef r` 0 a I if N O n. , J r W U K PROP. un�e O a t I O - I co 0 O I SCALE 9 '= 100' APPRAISAL PORPA 104 (REV. 10 01} MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CYrY OF OWASSO CITY PLANNER SUBJTCT:'- 'a', -.,, AT — OWASSO MEDICAL C DATE. OCTOBER 13,2004 F The City of Owasso has received a request ftom. the; Haskell Company for the review and approval of the Owasso MeAical Campus final plat consisting of 9 lots and two (2) reserve areas in six (6) blocks on 66.4231 acres more or less. The applicant wishes to plat the property so that they may ev tually develop a full service hospital, associatived medical offices and assisted living resid�Mial housing. The subject property is located 0.3 miles northwest of the intersection of E. 96h St. N. and N. 129h E. Ave.; immediately north of the w, asso Market. August, 2004' — The City of Owasso rezoned the property to OPUD 04-03 with an underlying z oning designation of OM (Office Medium District). With that decision'\�vere the followth-9 conditions of approval: \ \ 1. That the applicant's Development Text and Conceptual Site Plan be considered to be 'the Outline Development Plan as required by the PLJD chapter of the Owasso Zoning Code; 2. That unless specifically set out in the standards and conditions of this PLJD, office building lots shall meet the requirements of a typical 01\4 district; TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO M. DUANE CUTHBERTSON CITY PLANNER SUBJECT: FINAL PLAT — OWASSO MEDICAL CAMPUS DATE: OCTOBER 13,2004 BACKGROUND The subject property is currently zoned OPLTD 04-03/OM (Office). The property to the east is zoned a combination of OL (Office Light intensity) and CS (Commercial Shopping district). Property to the north is zoned RE (Residential Estates) in Tulsa County. The property to the west is zoned OPUD 12/RS-3 (Single-Family Residential) and the property to the south is zoned CS (Commercial Shopping). August, 2004 — The City of Owasso rezoned the property to OPUD 04-03 with an underlying zoning designation of OM (Office Medium District). With that decision were the following conditions of approval: 1. That the applicant's Development Text and Conceptual Site Plan be considered to be the Outline Development Plan as required by the PLID chapter of the Owasso Zoning Code; 2. That unless specifically set out in the standards and conditions of this PUD, office building tots shall meet the requirements of a typical OM district; In September, 2004 the Owasso Medical Campus preliminary it was approved by the Owasso Planning Commission with the following conditions: The following proposed private roads as established with mutual access easements should be converted into public right of way with widths consistent to the existing public roads with which they will connect: The segment of roadway located in the southeast section of the property between Lot 3 and Lots 4 and 5; The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protectior4 refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order t o y evelop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are in ade in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a developer proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. If the development is residential a site plan accompanies a building permit for each individual lot. The site plan for the residential development on the lot is reviewed by the City Planner for compliance with the zoning code and the provisions of the final plat. IWIIIIMIVVWNMIFVI����-� The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council can then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. A Final Plat is the final map or record of a subdivision and must be approved by both the Planning Commission and City Council. According to the final plat, the developer would like to divide the property into nine (9) lots and two (2) reserve areas on six (6) blocks. Lot two (2) of block four (4) consists of 12.4249 acres and is proposed as the site for the hospital. Lot two (2) of block two (2) consists of 18.66 acres and is proposed as the site for the assisted living residential units. The remainder of the lots will be developed with associative medical offices. In regards to utility Provisions, the proposed plat illustrates 17.5 foot utility easements along the perimeter of the entire development site as well as along all public roadways. The Owasso Medical Campus Final Plat was reviewed at the regularly scheduled Owasso Technical Advisory Committee on September 29, 2004. At that meeting utility providers and City staff are afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: P1,ANNYNG COMMISSION At the regularly scheduled meeting, the Owasso Planning Commission unanimously recommended approval of the Final Plat subject to the successful execution of the Technical Advisory Committee conditions and with the additional condition that 1h the applicant perform a Traffic Impact Analysis on the roadway connection of N. 117th Ave. with Bailey. Ranch Estates in conjunction with the development of Lot I of Block 2.. Staff recommends approval of the Owasso Medical Campus final plat contingent upon the successful execution of the Technical Advisory Committee conditions and the additional Planning Commission condition. ATTACHNfENTS I. General Area Map 2. Final Plat Application .3. Owasso Medical Campus Final Plat 4. Owasso Medical Campus Planned Unit Development text :F r �77 ----------- - - ----- I L I I-L V L --J A-S Owasso Community Development Department 1 1 1 N. Main St. Owasso, OK 74055 918.376.1500 9180376.1597 www.cityofowasso.com Subject a a-, ff-VAIII WII i CS RN Final riat ti; wasso Medical '(7ampus E. Ave.North of E. 96th St. N. and West of N. 129th VIA P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAT E- GENERAL LEGAL DESCRIPTION OF TRACT See A t t a c h e d DEVELOPER The Haskell Co. ENGINEER/ARCHITEC'IT ADDRESS-11-1--RLiv e r s i d e —A v e J a c k s o rADDRESS6131_,���E PHONE-9-DA,2 9 1FAxv I L I I e F L 3 2 2 3 1 PHONE_2��.yAXj U_A5LL_ I (We), the undersigned developer, do submit" this conditions of said preliminary plat approvaLliave beer Conditions SUDWITTAL DATE FEE RECEIPT NUMBER 3ubdivis*q,,,n.-h h 4 preliminary plat approval and that all re"m n met o I ted �belqg as conditions protested. A ✓ 4 DATE q1 OPC MEETING DATE ZONING DISTRICT APPROVED ENGINEER SURVEYOR Planned Unit Development No. 04-03 Tulsa Engineering & Planning Assoi Inc. Owasso Medical Campus P,'3) S.Oh SSIh FII A—. - - TO., Ok III- M33 A subdivision in the City of Owasso, being of the S/2 of Section 17, Township 21 North, Range 14 Eater, .1 Ill. India. Meridian, Tulsa County, State of 01dall.rina Oa. '000 OWNER DEVELOPER UNPLATTED Valley =care Inc. The HTskoIla ' Company SHERRILL ACRES ill nwoRM�nwn„a sag Mingo Eat st Sfroe0flh =14= s N t 1`0 -- 71-74 Benchmark 4% 1, 1000 ,5(. X - ---- - ----------- ------ ------------ C asis of Bearings I 1 12, Legend SCALE IN FEET: I'� 100 FEET 21 Slnrk 4 U11 2, '�ICk 2 I Monur�em Notes 91.8 — I — sr PI. "It TULSA COUNTY I 1,r ucat Addresses F--1 lu, 4: T !Iz Curve Table Res", N k4 —3QA- Line Table SmUorz 17 9 Lots - 66.4231 flews -- -------- East 99thSf,1cctJVoH17 i, 1-5, �.j] ---J 17 111 --------- ------- - L =al:f�y -18 k, I 9 1. 101 -- I ----------- 7 ---- - --- - k ----- ------ / ---- ---------------- 21 II OWASSO MARKET OWASSO MARKET 16 lj,t 3. Block 4 W Q apq m9s re Mae 'M UNPLATTED Owasso Medical Campus � Owasso Medical Campus Planned Unit Development No. 04-03 P T T n M 17 n D K A Cj" Awj-.&� -" A . Tulsa Engineering & Planning Associates, Inc. 6 73 7 South 85th East A ven iie Tulsa, OK 74133 REVISED 03/12/04 per OWASSO PLANNING COINIMISSION RECOMMENDATIONS (Original dated 07/2412003) 0 Page 1. Development Concept ... ....... ........ ......... _ .. I H. Statistical Summary .................................... 2 III. Development Standards ® Office (Tract A) ........ .............. ---- 3 IV. Development Standards - Office (Tract B) ........ ........ 4 V. Development Standards - Hospitani fedical Office (Tract Q .................. 5 VI. Development Standards - Office (Tract D) .................... I ............ 6 VII. Development Standards - Senior Living (Tract E) ........................... 7 VIII. Development Standards ® Office (Tract F) ........................ 9 IX. Architectural Review Board ......................................... . .. 10 X. Landscaping and Screening ................................. 10 XI. Signage ............................ ............................... 1., 10 XH. Access and Circulation ................ ............................... 10 XITI. Site Plan Review ........................................... 10 XIV. Platting " ............................................................ F'AData\MlS0,2004\0406l.001 Owasso Medical Campus PUD.%vpd The Owasso Medical Campus development comprises ±66.42 acres located approximately 675 feet west of North 129" East Avenue and northwest of the intersection of US Highway 169 and North 129" East Avenue. The project lies south of Sherrill Acres and cast of Bailey Ranch Estates IL The project site is presently zoned RE (Residential District) along the northern 200 feet of the site, RS-2 along the west and southwest 125 feet of the site that abuts Bailey Ranch Estates H, and RS-' for the remainder of the development. We are simultaneously submitting an application for the re-zoning of this parcel to Oivi (Office TMedlurn Intensity District). With a medical campus theme for the Owasso Medical Campus PUD, open space and associated landscaping will be an important component in the development of this project. An existing pond, located in the Senior Living portion (Tract E) of the project will be utilized 0 1 e and improved to provide an aesthetic enhancement to the site. A 50 foot building line and landscape buffer is being proposed vehicula allovqg� the north and west, property lines. r. access and parking will be allowed within portions of this buffer area, the 50 foot building line and landscape buffer will allow for a logical and ID 0 aesthetically pleasing transition from the residential areas to the north and west of the project site. An interconnecting sidewalk and trail system will allow easy access to all areas of the development. In addition to providing pedestrian access, it will also offer an excellent opportunity for the enj oyment 1-7 and exercising of the residents and patients of the medical campus and retirement village. In order to id in reducing the potential increase in traffic on East I 00th Street North, a crash gate will be al I .? installed at the development boundary line with Bailey Ranch Estates 11. In addition, the road from this development that ties into East 100th Street North will now feature a 90 degree bend to facilitatt,, traffic calming and reduce speeds. I F:1,DataV1vt1S02004N0406 1,001 Owasso Medical Campus PUD.wpd Page I of 12 11. STATISTICAL SUINLNIARY TOTAL PROJECT AREA: zL66.42 Acres TOTAL PROJECT FLOOR AREA (0.50 FAR): 1,446,628 sq, ft. MINIMUIM AMOUNT OF OPEN SPACE (15 %) --9096 Acres OFFICE (Tracts A, B, D and F): Tract A - Total Area ±3.07 Acres Maximum Proposed Floor Area (0.21 FAR) 28,000 sq. ft. Tract B - Total Area 1.9 ) Acres Maximum Proposed Floor Area (0.24 FAR) 20,000 sq. ft. Tract D - Total Area ±3.71 Acres Maximum Proposed Floor Area (0.14 FAR) 22,000 sq. ft. Tract F - Total Area ±8.30 Acres Maximum Proposed Floor Area (0.25 FAR) 90,000 sq. fl, Tract C - Total Area ±24.31 Acres Maximum Proposed Floor Area (0.60 FAR) 634,711 so. ft. SENIOR LIVIING (Tract E): Tract E - Total Area ±25.10 Acres Maximum Proposed Floor Area (0.60 FAR) 651,917 sq. ft. -1\/Iaximum Number of Dwelling Units 329 DUs F--kData\M1S02004\0406l.001 Owasso Medical Campus PUD.wpd Page 2 of 12 Tract A shall be governed by the use and development regulations of the O-NI District, except as hereinafler modified: Permitted Uses: Minimum Lot Size: Minimum Building Setbacks: I from Non-Arterial Street WW from Private Street R/W from East Boundary from North Boundary from Interior Development Areas Off-Street Parking Minimum Internal Landscaped Open Space Lighting As permitted in the OM District, by right or specific use permit, 12,000 sq. ft. 25 feet 10 feet 25 feet 50 feet* 00 feet As required by the Owasso Zoning Code 15% Lighting used to illuminate an off-street parking area shall be constant light and shall be arranged as to direct the light away from properties within an R district. All lighting fixtures will incorporate lighting shields to aid in directing light away from surrounding R Districts. Said lighting will produce no more than two (2) additional foot candles measured adjacent to residential districts. Signs shall be installed in accordance with CL haptcr I 7J, City of Owasso Sign Code. Plus one (1) foot of setback for each one (1) foot of exceeding building height fifty eight (58) 0 0 feet, if the abutting property is within an RE, RS, or RD District, F:\D-,ita\4IISC20041,0406':001 Owasso Medical Campus PUD.,wpd Page 3 of 1 2 I M1,111 III Tract B shall be governed by the use and development regulations of the ONT District, except as hereinafter modified: Pern-iitted Uses: Minimum Lot Size: Off-Street marking M �! Lighting I As permitted in the O-NLI District, by right or specific use permit, 1.2,000 sq. ft. 25 feet 10 feet 10 feet 10 feet 00 feet As required by the Owasso Zoning Code 15% Lighting used to illuminate an off-street parking area shall be constant light and shall be arranged as to direct the light away from properties within an R district. All lighting fixtures will incorporate lighting shields to aid in directing light away from surrounding R Districts. Said lighting will produce no more than two (2) additional foot candles measured adjacent to residential districts. Signs shall be installed in accordance with Signs 17, City of Owasso Sign Code. FADataV%IIS0200M04061.001 Owasso' Medical Campus PUD.wpd Page 4 of 12 11111 111 rA Tract C shall be governed by the use and development regulations of the OM District, except as 0 1 herein modified, and is planned for aHospitani ledical Campus to include a full service hospital and medical office buildings with support and accessory use facilities. Permitted Uses: Minimum Lot Size: Minimum Building Setbacks: from Non-Arterial Street RJW from Private Street RIW from North Boundary from Interior Development Areas Maximum Building Height: 1* Maximum Height of Cooling g Towers Off-Street Parking Lighting Z:' Sign Standards: As permitted in the OAS District, by right or specific use permit, 12,000 sq. ft. 25 feet 10 feet 50 feet* 00 feet 80 feet 20 feet" As required by the Owasso Zoning, Code 15% Lighting used to illuminate an off-street parking area shall be constant light and shall be arranged as to direct the light away from properties within an R district. All lighting fixtures will incorporate lighting shields to aid in directing hor idt wvay fiom su—nounding Distr cts. Said %A lighting will produce no more than two (2) additional foot candles measured adjacent to residential districts. Signs shall be installed in accordance with I Chapter 17, City of Owasso Sign Code. Plus one (1) foot of setback for each one (1) foot of building height exceeding fifty eight (58) feet, if the abutting property is within an RE, RS, or RD District. 17AData\N11SC\2004\04061 M I Owasso Medical Campus PUD.wpd Page 5 of 12 A masonry wall of fourteen (14) feet in height, which coordinates with the buI ldI nM materials of the hospital, will be constructed around the utility yard to assist in the screening the cooling towers and other equipment in this area. I . P F:\D,it-.i\%IISC\2004\04061.001 Owasso.MedicalCampus PUD.w-pd Page 6 of 12 Tract D shall be 'governed by the use and development regulations of the 0--1V[ District, except as hereinafter modified: Permitted Uses: Minimum Lot Size: Minimum Building Setbacks: =1 from Non-Arterial Street R/W from Private Street RJW from Interior Development Areas Off-Street Parking Minimum Internal Landscaped Open Space ZROWS Sign Standards: As permitted in the O-NI District, by right or specific use permit. 12,000 sq. ft. 25 feet 25 feet 10 feet 00 feet As required by the Owasso Zoning Code 15% Lighting used to illuminate an off-street parking area shall be constant light and shall be arranged as to direct the light away from properties within an R district. All lighting fixtures will incorporate lighting shields to aid in directing light away from surrounding R Districts. Said lighting will produce no more than two (2) additional foot candles measured adjacent to residential districts. Si-mis, shall be instal d i n ac c o r 1-1 a c W f Chapter 17, City of Owasso Sign Code. F-.\DaW,M[S02004\0406L001 Owasso),ledical Campus PUD.wpd Page 7 of 12 ,. ,1 1 ,. R Tract E shall be governed by the use and development regulations of the Obi District, except as herein modified, and is planned for a continuing care campus community to include some or all of the following uses: Independent living apartments, cottages, duplexes, single-family residences, assisted living residences, skilled nursing and special Care facilities, and supporting accessory uses. This tract will be available for expansion of the hospitaL /medical campus to include a full service hospital and medical office buildings with support and accessory use facilities. Permitted Uses: Minimum Lot Size: Maximum Number of Dwelling Units Maximum Floor Area Minimum Building Setbacks: from Private Street 12/W from Lest Boundary from South Boundary from Interior Development Areas Maximum Building Height Minimum Livability Space Off-Street Parking =M As permitted in the OM District, by right or specific use permit. 12,000 sq. ft, 329 DUs 651,917 sq. ft. 25 feet 10 feet 50 feet* 10 feet 00 feet 80 feet (Hospital) 45 feet (Assisted Living) As required by the Owasso Zoning Code 15% L,i;htino, Lighting used to illuminate an off - street parking area shall be constant light and shall be arranged as to direct the light away froth properties within an 12 district. All lighting futures will I ADaca\.Vi1SC\2004 \0 =!061.001 Owasso Medical Campus PUD.wpd Page 8 of 12 incorporate lighting shields to aid in directing light away from surrounding R Districts. Said lighting will produce no more than two (2) additional foot candles measured adjacent to residential districts. Sign Standards: Signs shall be installed in accordance with Signs 17, City of Owasso Sign Code, Plus one (1) foot of setback for each one (1) foot of building height exceeding fifty eight (5s) Z� feet, if the abuttinu,, property is within an RE, RS, or RD District. I FADauNMIS01004\04061.001 Owasso Nfedical Campus PUD.wpd Page 9 of 12 Tract F shall be governed the use and development regulations of the OMDist ' 0 1 0 District, except as hereinafter modified: Permitted Uses- Minimum Lot Frontage: Maximum Building Height I Off-Street Parking ,3360 6 = bighting As permitted in the OM District, by right or specific use permit. 100 feet 25 feet 10 feet 50 feet* 50 feet 00 feet 25 feet As required by the Owasso Zoning Code 15% Lighting used to illuminate an off-street parking area shall be constant light and shall be arranged as to direct the light away from properties I within an R district. All lighting fixtures will I.. incorporate ng lighti shields to aid in directing lighting t_7 light away from surrounding R Districts. Said 0 1__� lighting will oroduce no more than t,;%,o (1) additional foot candles measured adjacent to residential districts. Sign Standards: Signs shall be installed in accordance with Chapter 17, City of Owasso Sign Code. Plus one (1) foot of setback for each one (1) foot of building height exceeding fifty IJ 11.1) 0 eight (58) feet, if the abutting 'thin an RE, RS, or RD District. 0 __ property is within FAData\NIISC\20041,04061.001 Owasso Medical Campus PUD.wpd Page 10 of t? X. LANDSCAPING AND SCREENING One sign shall be allowed alonc, the west side of North 129'h East Avenue. This sign shall be C, for the identification of the subdivsion only and will have no advertising. The main access into the Owasso Medical Campus will be from North 129' East Avenue. There will be three (3) other points of ingress and egress provided; two (2) from the existint, stub streets in Bailey Ranch Estates E and one (1) from the existing stub street in the Owasso Market 11 subdivision. The East 100"' Street North access point Into Bailey Ranch Estates H will have a crash gate installed at the contiguous boundary line between Bailey Ranch Estates H and the Owasso Medical Campus, to aid in reducing the potential for increased traffic. Interior circulation will be provided by an internal street system that will allow easy and efficient access to and egress from all land uses within the PUD. UFFER IMUSM No building 0 permit shall be issued until a detailed site plan of the proposed improvements has been submitted to and approved by the Owasso Planning Commission as being in compliance F.\Dara\2v11SC\2004',04061.001 Owasso Medical Campus PUD.wpd Page I I of 12 with the development concept and the development standards. Submittal of a photo -metric plan is required at the time of the site plan review to determine the impact on the surrounding R Districts from potential light pollution. In addition, submittal of a grading plan will be required to be submitted so that the bermina in the 50'buildin- line/landscape buffer can be illustrated, 1.7 0 XI V- PLATTING rADataVMISC\2004\O406 1.001 Oivasso.'Mcdical Campus PUD.wpd Page 1 2 of 12 EXHIBIT" A' Conceptual Site Plan OWNER / DEVELOPER Owasso miedical Ccntcr Longford at Windmill Creek, LLC qtk- 702 454 53M 3W 159 a 300, 696 RM SCALE. 1* -=W 3�FEET I J Data SUITImary: > I `I TRACT'C' "61 Total Project Area 166.42 Acres Sherrill Acres Total Project Floor Area 1.446.628 sq. 11. Minimum Open Space HOSPITAL :0.96 Acres (15%) �2 24.31 Acres Z Tract °A' 13.07 Acres - Maximum Floor Area 26,000 sq. 11, Tract'S' 11.93 Acres - Maximum Floor Area 20.000 sq. It. E. 100TH ST.. T. 124.31 Acres - Maximum Floor Area 634,711 sq. It. Medical TriM'D' 33.79 Acres - Maximum Floor Area 22,000 sq. N. HOSPUM C 625.10 Acres . . . . . . • Maximum Floor Area 651,917 sq R. Maximum Number of DUs 329 DUE TRACT' E' • - SENIOR LIVING --m VN T,act'F 18.30 Acres Maximum Floor Area 90,000 sq. it, 25.10 Acres • MedIcal E n gParid office ----------- Bailey Ranch Estates V. p SENIOR LIVING.',,, 0=74 n r7 TRACTE 77 OFFICES Idl 8.30 Acres ice nx IZI — 1)1- - - - --- ------- 2 —TRACTU OFFICES - 3.71 Acres — — — ------ -- -- - - - - - -- - — — -- 2AS I 11TH STRIET NORTH IF Owasso Market II Owasso Market ENGINEER /SURVEYOR Tulsa Engineering & Planning Associates. Inc. 85. E- A—. kWM— 74133 9182529821 — — — — — — — — — — — TRACT 'A' i W M z W - OFFICES - > 3.07 Acres < ----- - - - - -J 0 — -- — — — — — — — ACT I I TULSA COUNTY =FILES - )3 Acres .., I i F � �..... � s 21 0 N Pond 14) '&o- OWNER / DEVELOPER 7760� Longford at Windmill Crack, LLC 3077 a', vv— S6d'm R.d 702 154,S300 .TRAQTF - OFFICES - 8.30 Acres EXHIBIT'B' Development Area Plan Owasso Medical Center ((rI Pig SCALE. V =700 FEET ENGMEER I SURVEYOR Tulsa Engineering & Planning Associates, Inc. T�., M33 9, ' 2 2 M" ca TRACT 'A' - OFFICES - 3.07 Acres w z w U) rn UJI C\3 0 z TRACT'B' TULSA - ULSA COUNTY 1.93 Acres ............ 23 14 0 TIE YytY "-'.jBAQT,!C' 2 .,,TRACT'E' SENIOR LIVING .25.10 Acres TRACT 'D' OFFICES 3.71 Acres ENGMEER I SURVEYOR Tulsa Engineering & Planning Associates, Inc. T�., M33 9, ' 2 2 M" ca TRACT 'A' - OFFICES - 3.07 Acres w z w U) rn UJI C\3 0 z TRACT'B' TULSA - ULSA COUNTY 1.93 Acres ............ 23 14 0 TIE ENGINEER / SURVEYOR Tulsa Engineering & Planning Associates, Inc. 8737 ;.`ih M117. 71-- D z w w M 0 Z 0 ---�FU-LSACOUNTY R -1 4 -E 9ectl(M 17 66-42 Acres T 21 IM G, I­ft I",. 1817,.9 X14N EXHIBIT"C' Existing Topography Plan Owasso Medical Center OWNER I DFVFLOPER Longford at Windmill Creek, LLC 3W, E- IN— srnn,, —u, 702 454 5300 5?0 250 0 5p r- SCM.E I'm W) FEET ENGINEER / SURVEYOR Tulsa Engineering & Planning Associates, Inc. 8737 ;.`ih M117. 71-- D z w w M 0 Z 0 ---�FU-LSACOUNTY R -1 4 -E 9ectl(M 17 66-42 Acres T 21 IM G, I­ft I",. 1817,.9 X14N EXHIBIT Surrounding Zoning and Land Use Plan OWNER / DEVEI OPER Owasso Medical Center Longtord at Windmill Greek, LLG 3077 ;— Warm Spl­,, R- 89120 5200 702 454 11111T $00 250 0 5co ICIDE, Ism SCALE: 1- .500 FELT----- SAWGRASS PARK SHERRILL ACRES RS-3 I I -- RS-3 RE AT MLEY RANCH RE RE I I GLENN-MUR ENGINEER /SURVEYOR Tulsa Engineering & Planning Associates, Inc. 6777 SoNh BSIh East Avenue 7F 8.25296J,9 ACRES RE RS-3 RE z w DI WI RS-3 Jul w :3� INi 0 z A, N M4 -44 Pt, 0 z I -M SA COUN'IFY R-14-E Se0lon 17 1 21 N ENGINEER /SURVEYOR Tulsa Engineering & Planning Associates, Inc. 6737 =85m El.. Av- T.w. OkWh,. 74111 C1 ntxtw IIIII M .21 "T W D z w w E M N z: F— z 0 rOLSA COUNTY FXHIBITP FAIT Proposed Zoning Plan Owasso Medical Center OWNER / OEVELOPER Sermon 17 Longford at Windmill Greek, LLC 3TT77 E- MIT, Sv I n.0d 59120 702.454,5300 'ek T-1 360 ISO 0 300 GM 901 SCALE. 1' -300 FEES ENGINEER /SURVEYOR Tulsa Engineering & Planning Associates, Inc. 6737 =85m El.. Av- T.w. OkWh,. 74111 C1 ntxtw IIIII M .21 "T W D z w w E M N z: F— z 0 rOLSA COUNTY FAIT Sermon 17 66.42 Am!s 2s EXHIBIT Bye Architectural Rendering OWNER / nFVELOPER k � I � ENGINEER /SURVEYOR Longford at Windmill Creek, LLC - Tulsa Engineering & Planning Associates, Inc. 673 S-11,851!,E-A—w Tu15a M h—a 74133 T }i F. H.,—s i, h i. i. C90 M F A N a 111 e ;a 1l It L I j r v C it i p u, r a i i n t3 IM L 0TWOT1611,907FITHT I'ITHI!, �11 I -l' M"ITAMIT11 M11111 �111 DATE: OCTOBER 13,2004 BACKGROUND The first step in the development of a piece of property in Owasso is annexation. Annexation the method whereby land located outside the City limits is made a part of the City. Prope owners and land developers sometimes choose to have their property annexed into Owasso order to receive Owasso municipal services, such as police and fire protection, refuse 31 collectio sanita ." nd ry sewer. The second step in the development of a piece of property in Owasso is rezoning. When ?. property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a developer proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking ZD9 access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, 4—U accurate legal description and map of the property being requested for annexation and a certifi 300' radius report so that staff may send legal notices to surrounding property owners. I The following annexation policy for the City of Owasso is provided as a guideline and shou not be constructed as inflexible requirements for annexation. i - -- -- ------ Staff has received a petition from Henry Penix, requesting the City to annex apy, roximately 9.274 acres of property located at the southeast comer of E. 76"' St. N. and N. 129 ' E. Ave. At this 0 , Q Ilk a At their September 29, 2004 meeting the Owasso Annexation Committee unanimously recommended approval of OA 04-07. Minutes from that meeting are attached for your review. At the regularly scheduled meeting on October 11, 2204 the Owasso Planning Commission unanimously recommended approval of OA 04-07 to annex the property into the City limits of Owasso. RECOMMENDATION Staff recommends approval of OA 04-07. FM 1. General Area Maps 2. Applicants Annexation Petition 3. City of Owasso Annexation Policy 4. Legal Notice 5. 9127/04 Owasso Annexation Committee meeting minutes Mg MW M) K9 I M!L*" I "A IV M I!�141JOHOW WVW� After our conversation and a conversation held -with Rickey Hayes, my plan will be to annex both - o*,erties, Lo4at them together as one and rezone the t-�e Please inform me of anything else you may need to complete the above mentioned request. Thank you for yoir help. Sincerely, Henry A. Fenix i r r D 1 r, �i J; r FND 5 /8" 1. F. NORTH 76TH STREET NORTH EAST 2564.41' _ _„ �sST '°PK' NAIL J STATi3TOR� R/W ,O % 2 FND -PK' NAIL LESS AND EXCEPT 0C 1� tes =9 I\ � �c nv- C� SET 3/8° LP. /CAP SET 'PK' ST `, SET 3 /8. SET 3/6" 145.00' 9.17. /CAP LP, /CAP ,, 1a ss� _ 4 � 2.54 ACRES_ 0 YEAST SET 3/6 220' I.P. /CAP I I FND I° I.P. /CAP {III mil �Nr` T 2T N SCALE: I - 80 LOCATION MAP LEGAL DESCRIPTION THE WEST TWO HUNDRED TWENTY (220) FEET OF THE NORTHWEST GIUARTER OF THE OF THE NORTHWESfQUARTER OF THE NORTHWEST OUARTER (NW /4 NW /4 NW /4) OF SECTION THIRTY —THREE (33), TOWNSHIP TWENTY —ONE (21) NORTH. RANGE FCURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF; LESS AND EXCEPTS A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT SIXTEEN AND FIFTY HUNDREDTHS (16.50) FEET c°c SOlTIi AND SIGN AND FTFTV HUNDREDTHS (98.50) FEET EAST OF THE NORTHWEST CORNER OF SECTION THIRTY —THREE (33), TOWNSHIP sea TWENTY —ONE (2I) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, THENCE EAST ALONG ALINE PARALLEL TO THE NORTH UNE OF SAID SECTION 33 A DISTANCE OF 203.50 FEET, THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST UNE OF SAID SECTION 33 A DISTANCE OF 33.50 FEET: THENCE WEST ALONG A LINE PARALLEL TO THE NORTH UNE OF SAID SECTION 33 A DISTANCE OF 146.00 FEET. THENCE SiUTH%tSTERLY TO A PINT 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33 AND 75.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 33; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 350.00 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE CE 33.5 FEET: THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 408.50 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING LOCATED IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. NOTE: BEARINGS ARE BASED. ON THE NORTH UNE Of SECTION THIRTY —THREE (33), TOWNSHIP TWENTY—LINE (21) NORTH, RANGE FOURTEEN (14) EAST: S.0M100"E. NOTE: Iran Pins Set of oil comers arc #3 rebar, 18° long, capped with yellow plastic caps stomped ASSOC.$1451. THIS PLAT OF SURVEY MEETS OR EXCEEDS 11HE MLA140MA MINIMUM STANDARDS FOR THE PRACTICE OF LAND SURVEYING AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. WITNESS MY HAND .ANDSEAL MS 25TH DAY PENIX P.LACE ON AN ADDITION TO TULSA COUN T Y, OKLAHOkA c APART OF THE NW 1/4. NW 1/4, NW 1/4 SECTION. 33, T21,N, R € 4E 16th STREET NWTH C Rw mac. Owl 33-i1 -m E)3SV.PA.VEU,,NY ED LEGEND 7m M. —ME EAST -MOOV- f4ORTH SECTION UWE IRON PIN 6EI —E. 7eTH STREET WONIX— 44375 OF k0 Accrss —VREr­Rl6HT-OF-kNAY.DED"TEO BY THE PLAT UlE PBUYY EA5 EMCNT S, LN,& . 5 =ll ME- Gbth SINEE1 WORTH 2�� ilo! 90' 7 S, —ue LUCA,rm� MAP PA ACRE5 t LOT LOT 20' U/9 BY SRARATE tN$lRUWENT- 009K .1129A PAGE FLAT N®, NZ6, BLOCK 1 BENCH MARK: "� ON' TOP OF THE NDI4t LOCATED Al 1"i r4QRII;EAST CORW-R Cr IIIE LHMSECTION OF 123TH/76TH ST. N tTUV- 621x2 DEVELOPER: U.2 , ASS" TAAl ,'AM$ZN% WC. P O. aox blila l.r.SA. OMAH"NA 74101-4010 ENGINEER: CANTRELL, AHD Als.S012ATE 5, INC '202 t 2NU AYE SUOL 110 CQASSO. QKLATIOuA 740tZ _ SHEET _I,CF' ?. . _ i I ANNEXATION POLICY NOTICE OF HEARING BEFORE THE, OWASSO PLANLNfNG COMNIISS10i CITY OF OWASSO, OKLAHOMA 777 FIC F- TV1707T371, =17Z OA 04-07 You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the I" day of September, 2004 and that said petition will be presented to the City of Owasso Planning Commission at Old Central, 109 North Birch, Owasso, Oklahoma at 7:OOPM on the 11"' day of October, 2004. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 1 1 1 N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376- 1543. Dated at Owasso, Oklahoma, this l4ffi day of September, 2004. Duane Cuthbertson City Planner NOTICE TO THE PUBLIC OF A ,�,' I *N A PROPOSED OWASSO, OKLAHOMA � Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.M. on the 11`h day of October, 2004. At that time and place, consideration will be given to the petitioned annexation of the following described property: A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOW: THE WEST 220 FEET OF THE NW /4 NW /4 NW /4 LESS BEGINNING AT THE NORTHWEST CORNER OF THE NW /49 THENCE EAST 220 FEET SOUTH 50 FEET NEST 145 FEET SOUTHWESTERLY APPROXIMATELY 35.36 FEET SOUTH 350 FEET WEST 33.5 FEET SOUTH APPROXIMATELY 235 FEET NEST 16.5 FEET NORTH TO THE POINT OF BEGINNING, SECTION 33, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA. COUNTY; AND A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST SECTION CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, THENCE DUE EAST ALONG THE NORTH SECTION LINE OF SECTION 33 A DISTANCE OF 220.34 FEET TO THE POINT OF BEGINNING; THENCE DUE EAST ALONG THE NORTH SECTION LIME OF SECTION 33 A DISTANCE OF 440.00 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 56 SECONDS WEST A DISTANCE OF 658.71 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 20 SECONDS WEST A DISTANCE OF 440.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 56 SECONDS EAST A DISTANCE OF 658.80 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 9.274 ACRES OF PROPERTY. To be considered is an annexation of property located at the southeast comer of E. 76`h St. N. and N. 120' E. Ave. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1500. Dated at Owasso, Oklahoma, this 13`h day of September, 2004. City of Owasso Community Development Department Cataudella Brent Colgan Duane Cuthbertson Dan Salts Dale Prevett are Yancey Duane Coppick Eric Wiles Ron Cates Joe Nurre Ken Fisher Tim Rooney Rickey ayes Bill Roach The meeting agenda was posted in Owasso City Hall, 1 1 1 N. Main St. at 12:00 pm on September 20, 2004. CALL TOO E — Duane Cuthbertson called the meeting to order at 5:03 pm. The committee concluded that although the property was less than the desired 20 acre minimum according to the Owasso Annexation policy its strategic commercial location and contiguity made the property desirable as a candidate for annexation. Eric Wiles made a motion to recommend approval of OA 04-07, Rickey Hayes seconded the motion. The motion was unanimously carried 7 — 0. 4. ANNEXAIIQff REQUE!jT OA 04-08 — A request for the review and approval of an annexation of approximately °10 0 acres located on the east side of the 11000 block of N. Garnett Rd. Mr. Cuthbertson presented the item as a continuation of the Remington Place development currently occurring northeast of the subject property. The applicant intends to continue the residential development of Remington Place all the way to Garnett Rd, Mr. Cuthbertson stated that the request is compliant with the Owasso Annexation policy. Chief Dan Yancey made a motion to recommend approval of OA 04-089 Mr Cataudella seconded the motion. The motion was unanimously carried 7 — 0. 5. ADJOURNMENT — Mr. Hayes moved, seconded by Joe Nurre for adjournment, The motioned carried 7 — 0. The meeting adjourned at 5:17 pm. FROM: DUANE CUTHBERTSON, CITY PLANNER SUBJECT. ANNEXATION — (OA 04-08) OWASS O LAND TRUST DATE: OCTOBER 13,2004 BACKGROUND The City of Owasso has received a request from the Owasso Land Trust for the annexation of approximately '30,00 acres. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of a single- family subdivision. The property is located south and west of the developing Remington Place 11 addition. Mo specifically the property is located at or near the east side of the 11000 Block of N. Garnett R A general area map has been attached for your review. I The property is currently undeveloped as is the property to th ' e cast. The properties to the no and south are developed in a rural residential manner. The properties to the west are develop] in a lar•e-lot residential manner. The property is currently zoned AG (Agricultural District) in Tulsa County as are properties tc the north, south and west. The property to the east is currently zoned RS-3 (Residential Single- Family District). U_4 The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their !'yipty annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, of PUD. When a developmer proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. The following annexation policy for the City of Owasso is provided as a guideline and shou not be constructed as inflexible requirements for annexation. i WMEN" If the property is annexed into the City the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering 0 0 standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property would be served water and sewer by the City of Owasso. The Owasso 2010 Land Use Master Plan calls for residential development in that general area. In regards to the Owasso Annexation Policy the request is larger than 20 acres and contiguous to existing City limits. No public infi -astructure or development currently exists on the property; all public improvements will be made by' the developer. If annexed, the subject property will acquire an AG (Agricultural District) zoning designation. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence in opposition of the request.. At their September 29, 2004 meeting the Owasso Annexation Committee unanimously recommended approval of OA 04-08. At the regularly scheduled meeting on October 11, 2204 the Owasso Planning Commission unanimously recommended approval of OA 04-08 to annex the property into the City limits of Owasso. Staff recommends approval of OA 04-08. eneral Area Maps 2. Applicants Annexation Petition 3. City of Owasso Annexation Policy 4, Legal Notice 5. 9/29/04 Owasso Annexation Committee minutes OA 04-08 Owasso Land Trust BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATIO)J The undersigned, constituting not less than three-fourths of the registered voters and being the owner of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW/4 NW/4 SW/4) of Section 8, Township 21 North, Range 14 East of the I. B&M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; and East Half of the Northwest Quarter of the Southwest Quarter (E/2 NW/4 SW/4) of Section 8, Township 21 North, Range 14 East of the 1. B. EtM., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; being territory adjacent and contiguous to the incorporated City of Owasso, Oklahom and not presently embraced within the Limits thereof, hereby petitions the City Coun of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the Ci Limits of said City. I da� .L of SeDtember, 2004 /4) 0s, <3�7 In STATE OF OKLAHOMA ) ss COUNTY OF ROGERS xze� �_N! David E. Charney ANNEXATION POLICY The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. sf. Lem I I I I I I I 111 11 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 lI 1 1 1 J 1 11 law 11111 SEIZED,, Being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. X7JF77T-1V'T=71= OA 04-08 You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the Ise day of September, 2004 and that said petition will be presented to the City of Owasso Planning Commission at Old Central, 109 North Birch, Owasso, Oklahoma at 7:00PM on the I I th day of October, 2004. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, I I I N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376® 1543. Dated at Owasso, Oklahoma, this 14'h day of September, 2004. Duane Cuthbertson City Planner NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY 00 OWASSO, OKLAHOMA mommm Steve Cataudella------ Brent Colgan Duane Cuthbertson--- Dan Salts Dale Prevett Dan Yancey Duane Coppick Eric Wiles Ron Cates Joe Nurre Ken Fisher Tim Rooney Rickey Hayes Bill 'Roach The meeting agenda was posted in Owasso City Hall, 1 1 1 N. Main St. at 12:00 pin on September 20, 2004. 1. CALL TO ORDER — Duane Cuthbertson called the meeting to order at 5:03 ) pm. rD 2. APPROVAL OF MINUTES FROM THE July 28, 2004 MEETING — Steve Cataudella moved, seconded by Tim Rooney, to accept the minutes as presented. The motion carried 7 — 0. 3. ANNEi XATION REQUE 3T OA 04-07 — A request for the review and approv of an annexation of approximately 9.274 acres located at the southeast comer N. 1291h E. Ave. and E. 76' St. N. I Duane Cuthbertson presented the annexation request and solicited discussion from the committee. It was presented that the existing structures on the property include a single family house at the comer and a Koala Care daycare facility along E. 76h St. N. The applicant has stated that he intends to develop the property in a commercial manner, most likely as a commercial shopping center. And at the time of construction the single family house would be demolished and the daycare may or may not be incorporated into the commercial development plans, although all development, existing and new, will be developed to City standards. It was discussed that this intersection has the potential to shape up to be a significant commercial comer for the City of Owasso. The committee concluded that although the property was less than the desired 20 acre minimum according to the Owasso Annexation policy its strategic commercial location and contiguity made the property desirable as a candidate for annexation. Eric Wiles made a motion to recommend approval of OA 04-07, Rickey Hayes seconded the motion. The motion was unanimously carried 7 — 0. 4, ANNEXATION REQUEST OA 04-08 — A request for the review and approval of an annexation of approximately 30 acres located on the east side of the 11000 block of N. Garnett Rd. Mr. Cuthbertson presented the item as a continuation of the Remington Place development currently occurring northeast of the subject property. The applicant intends to continue the residential development of Remington Place all the way to Garnett Rd. Mr. Cuthbertson stated that the request is compliant with the Owasso Annexation policy. Chief Dan Yancey made a motion to recommend approval of OA 04-08, Mr. Cataudella seconded the motion. The motion was unanimously carried 7 — 0. 5. ADJOURNMENT — Mr. Hayes moved, seconded by Joe Nurre for adjournment. The motioned carried 7 — 0. The meeting adjourned at 5:17 pm. TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT- SUPPLEMENTAL APPROPRIATION WAL-MART FOUNDATION DONATION DATE: October 1.3, 2004 The City of Owasso has received a donation from the Wal-Mart Foundation through the assistance of Mr. Marty Cooper. The donation is in the amount of $3,000 and is to benefit local police and fire departments. Mr. Cooper requested that the donation be divided equally between the police and fire departments. As the grant was not included in the current fiscal year 2004-2005 budget, a supplemental appropriation is needed in order to utilize those funds. There are no matching fund requirements, so the supplemental appropriation provides equal increases in both revenues and expenditures. This budget change would have no net effect on the financial condition of the City. Mr. Cooper has been requested to be in the audience on Tuesday evening should you have any questions. Staff recommends City Council acceptance of the donation from the Wal-Mart Foundation and the approval of a supplemental appropriation in the General Fund. The supplemental appropriation would increase revenues by $3,000, as well as increase the Police Department and Fire Department expenditures by $1,500 each. TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM. MICHELE DEMPSTER HUMAN RESOURCE DIRECTOR SUBJECT- PROPERTY CASUALTY INSURANCE DATE. October 13, 2004 The City's property casualty coverage renews on November 1, 2004, The City's current carrier, Travelers, has provided a renewal rate of $36,430. This is just under a 10% increase from the current year's premiums and has been budgeted for under Fund 77 the Self-Insurance Fund. The renewal rate is based on the current deductibles of $100,000 for flood and quake/wind and hail and $25,000 for all other perils. 3•�-- Even though the renewal rate is within budget, in attempt to get the best possible rate staff has requested that the City's agent of record continue to negotiate with the current carrier as well as other carriers. However, due to the fact the City's current policy expires October 31St, a carrier must be selected and a contract signed prior to the end of the month. Therefore, in order to take advantage of any rate negotiations that may occur between now and the end of the month staff requests the Council authorize the City Manager to approve a contract for property casualty insurance for an amount not to exceed the current renewal rate of $36,430. This authorization will allow the City Manager to enter into a contract for a lesser amount with either the City's current carrier or a different carrier, should the opportunity arise. Staff recommends Council authorize the City Manager to enter into a contract for property casualty insurance in an amount not to exceed $36,430. TO-. HONORABLE MAYOR AND COUNCM CITY OF OWASSO FROM: LONNY FISHER FIRF, CIIIEF SUBJECT- STATION #2 AWARD OF BID FOR RENOVATIONS DATE: October 8, 2004 BACKGROUND: The City of Owasso currently operates one fire station for the entire coverage area and is in the process of planning two additional stations. The current coverage area is approximately 77 square miles, with an approximate population to be served of 45,000 in the ambulance coveragc area, and 48 square miles with an approximate population to be served of 30,000 in the fire FUNDING: As stated earlier, the budget for the renovations was established at $200,000 as a result of a ti*n �iv Pte 0.mit,711nmrovement-Connn* Earlier this year, the remodeling of the bay area was completed. Additionally, an architectural fmn was selected to provide as built drawings of the building, as well as plans for the renovations. The total amount expended for both the remodeling of the bay area, as well as the mchitectural fees, is ic"47-578. As a result, a balance of $15_2-,422 remains for the renovations of the second floor. CONTRACTOR. The City of Owasso received six bids on the fire station remodel. The bids ranged from $127,454 to $153,593 (see attached bid tabulation sheet for details). Barton Construction of Tulsa, Oklahoma, was the apparent low bidder. Barton Construction has worked on projects in the Owasso area previously and received a favorable review from BKL Incorporated. RECOMMENDATION: The staff recommends s ,2roval and award of the construction bid in the amount • $127,454 to ATTACHMENTS: 1. IX I, bid reviewvo)d recommendation 2. Barton Construction bid sheet 3. Bid tabulation sheet 6= 6311 East Tecumseh ® Tulsa OK 74115 PO Box 582528 e Tulsa, OK 74158 -2528 RE: Bid Recommendation Dear Mr, Fisher; [I Phone: 918-835-9588 a Fax: 918-835-911! email: mail @bklinc.com + !.11 F: \CLERICAL \ADNRN\444 -City of Owasso Projects \41 B -Fire Station \letters \010503 letter of agreement.DOC Engineers &Architects Robert O. Bruton, PE - Billy C. Knowles, AIA � George D. Rochelle, PE ^ Kim D. Reeve, AIA a Stacv A. Loeffler. PE 5. BIDDER will complete the work in accordance with the Contact Documents for the following prices: BID SCHEDULE AND FORM OWASSO FIRE STATION-REMODEL CITY OF OWASSO, OKLAHOMA ALTERNATE 2: AM4�educ he sufti of dollars 6. BIDDER acknowledges that estimated quantities used in preparation of the unit Price Bid are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all Unit Price Bid items will be based • actual quantities provided, determined as provided in the Contract Documents. 7. BIDDER agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract Times commence to run as provided by the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 150 calendar days. BIDDER accepts the provisions of the Agreement as to liquidated damages of One Thousand Dollars ($500.00) for each consecutive calendar day that expires after the time specified for substantial completion until the work is substantially complete. 8. The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of® B. Statement of Bidder's Qualification, Section 00230; and 0804 _—M-1 00200 - Page 3 of 5 T T Y •111TA-Ssu 111 N. Main PO Box 180 Owasso, OK 74055 (918) 376-1500 Fire Station Remodel 6 Marcia Boutwell Kim Reeve, Lonny Fisher, Mark Stuckey Uju= Lowry & Hemphill Construction, Tulsa, OK VKTIO Aff 1, Marcia Boutwell, Contract Administrator do hereby certify that, to the best of my correct. A Signature:_ Date: III The 1998 bond issue included E. 86th Street North Irnprovements (fi-om N. 1291h E. Avenue to N. 145th East Avenue) which involves widening of the street to five lanes, construction of new sidewalk, curb and gutter, and signalization at the 8th Grade Center. On August 5, 2003, City Council awarded the construction contract to Becco Construction, Inc., Tulsa, Oklahoma in the total amount of $2,472,065.20. It is the intention of the City of Owasso to ensure completeness of the contract plans and specifications; however, this contract includes construction which may result in unforeseeable circumstances and field changes. As a result, a process using Work Change Directives has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. Council adopted Resolution 2003-12 on August 19, 2003 delegating the City Manager the authority to make Work Change Directives in accordance with the following criteria: Work Change Directives for an amount not to exceed $10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. It was also stated at that time that once the work was completed or a final cost and time determined, the Contractor will submit documentation for inclusion in a Change Order. The Change Orders will be submitted to Council for final review and consideration. Change Order No. 3 and Final Payment E. 86"' Street North Improvements Page 2 of 3 Quantity adjustment items, related to the construction of the new sidewalk, are listed as follows: Description Unit 202(A) Unclassified Excavation CY 230(A) ........... .._ . Solid Slab Sodding ............._.._...._......... . __ 232(C) Seeding - Method "C" _ ._ 233(A) . ..... _ Vegetative Mulch _ ._ _ _ ............ . 610(A) 4" Concrete Sidewalk 613(B) ......... 24" RCP Class Ill Unit -Quantity Price Adjustment $8.00 800.00 SY $1.50 �, :•� it (1.40) ..._...._ 1111.... (1.40) ...... . _. 809.00 ........................... 128.00 TOTAL Total $6,400.00 ............................ ............................... . . $21,396.00 _1.11.1 - $4,200.00 ®$4,200.00 $19,416.00 $5,376.00 $44, 188.00 Change Order No. 3 and Final Payment E. 86"' Street North Improvements Page 3 of 3 Additionally, adjustments' to the bid quantities were necessary at final payment to reflect actual quantities provided during the construction of all final improvements. Change Order No.3 in the amount $43,307.66 is recommended to adjust pay quantities and provide final payment (see Attachment B). The total cumulative amount for all Change Orders (Numbers 1-3) is $188,447.44. FINAL PAYMENT. Final inspection was conducted on June 15, 2004 and all items identified at the final inspection requiring correction to meet city standards have been completed. The contractor provided an one-year maintenance bond for the work as part of the Contract Documents. Progress payments have been made in the amount to $2,432,462.36. Pay Application No. 10 in the amount of $228,050.28 was submitted on July 19, 2004 by the contactor as request for final payment (see Attachment B). FUNDING: An adjustment in the contract will be required to reflect the following: Original contract amount $ 2,472,065.20 plus Change Orders (1-3) $ 188,447.44 Revised Contract Total $ 2,660,512.64 Funds for the Change Order are available in the Capital ]Improvements Fund. RECOMMENDATIONS: 1. Staff recommends Council approval of Change Order Number 3 to the contract for E. 86th Street North Improvements (N. 129th E. Avenue to N. 145th E. Avenue) with Becco Contractors, Inc. in the amount of $43,307.66 and a revised contract total amount of $2,660,512.64. 2. Staff recommends Council acceptance of E. 86th Street North Improvements (N. 1291h E. Avenue to N. 145th E. Avenue) and authorization for final payment to BECCO Contractors, Inc. in the amount of $228,050.28. ATTACHMENTS: A. Pay Request No. 9 (Final Payment) B. Change Order No. 3 1 I Adjustments include a- credit of $6,163.85 for the unauthorized installation of sod in lieu of specified seeding and mulching. Page One of Three TO: CITY OF OWASSO CONTACT DATE: 08-05-03 111 NORTH MAIN $ OWASSO, OK 74055 APPLICATION DATE, 67-19-04 FROM: BECCO CONTRACTORS, INC, PERIOD: 06-04-04 -- 06-30-04 P.O.BOX 9159 TULSA, OK 74157 DISTRIBUTION TO: OWNER 2,660,512.64 ARCHITECT PROJECT: STREET IMPROVEMENTS CONTACTOR CONTRACT FOR: 86TH ST. N. 145TH TO 129TH ENGINEER PROJECT 014150 CONTRACT 14AF CONTRACTOR'S APPLICATION FOR PAYMENT $ Application is made for payment, as shown below, in connection with the contract. Continuation sheet is attached. $ 1. Original Contact Amount $ 2,472,065.20 2. Net Change by Change Orders $ 188,447.44 3. Contact Sum to Date (1+2) $ 2,660,512.64 4. Total Completed & Stored to Date: $ 2,660,512.64 5. Retained Percentage A. 0 % of Completed Work $ B. 5 % of Stored Materials $ 8. Total Earned Less Percent Retained (6-7-7a-7b) $ 2,660,512.64 9. Total Previously paid $ 2,432,462.36 10. Total Due this Estimate (8-9) $ 228,050.28 Balance to Finish, Plus Retainage $ Approved Gate 06 -26 -04 TOTALS 166,447.44 Net change by Change Order 188,447.44 Page Two of Three The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for work for which previous Certificates for Payment were issued and payments recieved from the Owner, and that current payment shown herein is now due. CONTRACTORS, Contractor: BECCO INC. Notary P My Commission Expires: � S ARCHITECTS/ENGINEERS CERTIFICATE FOR PAYMENT Page Three of Three In accordance with the contract documents, based on the on-site observations and the date comprising the above application, the Architect / Engineer certifies to the Owner that to the best of the Architect's / Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. Amount Certified $ OZO 050a?_a (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT/ ENGINEER:_ Gw/+Sso (WED) 16 =56 4'1111ANYGJ.13 ORDER e, A �10 fhe original Canff-ict Sum %%,,; Tli.p. C.nyttr-" & i im "ri nr fn thiq t7jij n p, rcl pr Wq, . - -- - - q, ., @ , P, 0 The Contract Sum will be (Increftsed) (daMased) (Unchanged) bV this Change Order in the a'niounr of The new Cona-act Sum including this Chan ge Order will be SA660's-f 2.bd- Contraer Tiple wjjj be 0,10masea) (decregtsed) (Uncilanged) by clays. Th-- d-=; --f nubz;h-Ma' a! C�n.n.plm-'rn w, of to alatc ord,E!�r Therefqm-- w, -- . NOM This summury dms not veftect chvitgeS iA the 0=Wdet Sum Time whiiea liaise, been �ujho&ed by banstruction Change Directive. CONTRACTOR n"-ARAMPF LIWW-IAA-',',-,,,, 750, er 0601 M OWNEIR ADDXESS IM-1 00600 - Pip I of I I TO. HONORABLE MAYOR AND CITY COUNCIL CITY OF OW1,SSO FROM: JOE JOHN NURRE, P.E. SENIOR CIVIL ENGINEER FAIRWAYS DRAINAGE IMPROVEMENTS — PHASE 11 DATE. October 139 2004 I Bid to complete all construction work. The final Engineering Estimate prepared by the Engineering Division was $107,556.90. Advertisement for Bids was published in the Owasso Reporter on September 2, 2004. Bids were opened on October 5, 2004 from four (4) companies as follows: Cherokee Builders, Inc. (Tulsa) $ 114,507.25 Horizon Construction Company, hie. (Owasso) $ 144,144.44 Carter Excavating, hie. (Sand Springs) $ 155,075.00 Sapulpa Digging, Inc. (Sapulpa) $ 247,325.00 A complete tabulation of unit prices is included as Attachment B. Cherokee Builders, Inc. (Tulsa) submitted the apparent low bid at $114,507.25. Engineering Division staff examined the submitted bid package and no omissions or errors were found. Public Works personnel have checked references and found Cherokee Builders, Inc. past performance to be satisfactory. Page 2 Award Contract for Fairways Drainage hnprovements-Phase 11 301 West 2 nd Street Owasso, OK 74055 918.272.4959 918.272.4996 www.cityofowasso.com Bid Tabulation Fairways Drainage Moddications, - Phase 09 Project Name: The Fairways at Bailey Ranch Drainage Improvements - Phase it Bid Date: October 5, 2004 Prepared 13y. Joe John Nurre, P.E. Data: October 12, 2004 ATTACHMENT S I -1fify MW the Ab .. W-W.. a p, aced and WWDwed by and reW-M —1 d a=ala —W ol bids mcowd iar this Prqle�L J.J.hnN.,,e OKPE620236 z o NI REB ems: H 9d" 8,&4 TO: THE HONORABLE MAYOR AND CITY COUNCII CITY OF OWASSO FROM: JOE JOHN NURRE, P.E. SENIOR CIVIL ENGINEER SUBJECT. BID AWARD FOR FY04-05 STREET REPAIR PROJECT 1INIL, OR Bids were opened on September 30, 2004. Three local contractors submitted bids for total project cost (base bid and alternates) as follows: Magnum Construction, Inc. (Broken Arrow) $100,570.00 Rocket Construction Services (Sand Springs) $118,888.00 Horizon Construction Company, Inc. (Owasso) $183,223.87 A complete tabulation of unit prices and alternates is included as Attachment B. Magnum Construction submitted the apparent low bid of $100,570.00. Engineering Division staff examined the submitted bid package and no omissions or errors were discovered. Magnum Page z Bid Award For FY 04 -05 Street Repair Project Construction has successfully completed work for the city and was the contractor for the FY2003 -2004 Street Repair Project that was recently completed, PROJECT FUNDING: Funds for this project are included in the FY04 -05 Streets Division Capital Outlay budget (Line Item 01- 300- 54.210)e A total of $115,000,00 is presently available in the budget, RECOMMENDATION. Staff recommends Council award the FY04 -05 Street Repair contract to Magnum Construction, Inca of Broken Arrow, Oklahoma in the amount of $100,570.00 � ,. A. Street Repairs i B. Bid Tabulation ,q 2004-2005 REPAIR LOCATIONS I Bid Tabulation ATTACHMENT S PAY ITEMS FY 2004.2005 STREET REPAIRS Project Name: FY 2004-2005 Street Repairs at Various Locations Bid Date: Thursday, September 30, 2004 Prepared By. Joe John Nurra, P.E. Date: Tuesday, October 12, 2004 I carUfy that the above WbulaUon was prepared and ravlawad by one and represents an bsma and a==de account of bids received fns thLe projecL J Joe, Jahn Nurse OK PE Q023Et TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROMm RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF DOCUMENTS RELATING TO AN ECONOMIC DEVELOPMENT LOAN TO VANGUARD CAR RENTAL USA After Vanguard determined that the Tulsa Chamber offer was "not on the table" a series of discussions were conducted between officials from Vanguard, the Tulsa Chamber and Owasso. The result of those discussions did not produce results, however additional discussions between Vanguard and Owasso did result in Owasso considering taking action to loan Vanguard a portion of the amount of the originally offered incentive. A joint meeting of the OEDA and Owasso City Council was conducted to discuss the issue, a joint committee was established and final recommendations were developed. After much discussion a consensus was reached that brings the issue to this point. That being the recommendation that the City of Owasso, for economic development purposes, provide relocation assistance to Vanguard Car Rental USA in the form of a no interest loan in the amount of $2,000,000. Vanguard Car Rental Loan Proposal October 15, 2004 Page 2 of 3 Page PROCESS. Should the OEDA and the City Council desire to proceed with the proposed loan using the concept and parameters that has been developed by the staff and reviewed by the joint committee the process would be as follows: THE DOCUMENTS: The documentation necessary for the transaction as described are as follows: THE SAFEGUARDS: If approved, the Loan Agreement requires that Vanguard, in providing security for the loan, pledge and assign the right to receive proceeds of the State of Oklahoma Quality Jobs payments for repayment over a period not to exceed five (5) years. Additionally, the document commits Vanguard to an equal, quarterly reduction of the principal in amount required to accomplish the "pay-off' of the loan in five (5) years. The Loan Agreement required the company to maintain a level of employment that at a minimum will ensure RECOMMENDATION: Staff recommends the City Council approve the transaction outlined above and authorize the Mayor to execute the necessary documentation. 0 VVNW,t] I-Wryl, m TO, THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RONALD D. CATES CITY ATTORNEY SUBJECT. 96hAND GARNETT IMPROVEMENT PROJECTS; ACQUISITION OF PERMANENT RIGHT OF WAY- RE SOLUTION No. 2004-21-CONDEMNATION Presented for the Council's consideration is Resolution No. 2004-21, a resolution resolving the necessity of instituting and prosecuting condemnation actions to acquire permanent Rights of Way necessary for the 96th and Garnett Road Improvement Project. A copy of such Resolution is attached for your convenience. 1! Based upon the foregoing, it is submitted that at this time Condemnation is the only available mechanism to obtain the needed property and property interests. A public purpose for the sought property and property interests is unquestionable. Further, the representatives of the City have offered to the landowners a fair price for the property and property interests sought. It is submitted that a resolution of necessity authorizing the institution and prosecution of a condemnation action is appropriate. It is recommended by staff that the Council adopt Resolution No. 200421. Should you have any questions regarding this matter please contact Mr.Ray or myself. ATTACHMENTS: 1. Resolution No. 200421 2. Copies of Offer betters CITY OF OWASSO, OKLAHOMA SOLUTION No. 2004-21 I f ` 3 , t WHEREAS-. The City of Owasso, by and through officers and agents thereof, has endeavored to obtain Permanent Rights-of-Way, the legal descriptions and illustrations of such are attached hereto and collectively marked Exhibit "A" deemed necessary for the 9e St. North and Garnett Intersection Project from the respective landowners, to -wit: Cornerstone Center, Inc_, Parcel No. 1 James A. McAuliff and MCAuliffInvestment Company, Parcel No. 2 9e and Garnett LLC, Parcel No. 3 Owasso i, LLC, Parcel No, 4 BYN, Inc., Parcel No. S Roy B. Bowman and Shirley M. Bowman, Parcel No. 6. WHEREAS: In connection with such efforts to obtain the needed Permanent Rights- of-Way consensually; the City of Owasso, by and through officers and agents thereof has made bona fide good faith offers seeking to purchase same; and, WHEREAS: The above - referred landowners have not accepted such offers and by reason thereof Condemnation proceedings as provided for under the Constitution and Statutes of the State of Oklahoma are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL. OF THE CITY OF OWASSO, OKLAHOMA, T: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings against any or all of the abovereferred to landowners, to obtain the necessary Permanent Rights-of-Way as set forth in Exhibit "A" hereto as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED AND ADOPTED this 19a' day of October, 2004, by the City Council of the City of Owasso, Oklahoma. Susan Kimball, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Ronald D. Cates, City Attorney j PARCEL No. 1.0 9t SE /4 SEC. 9s 721M. R14E :t e it W .2 1 'PROP. LINE 96 �STRffT SCALE 1 "= 100, APPRAISAL FORM 104 (REV. 10• -01) I A. part of the Southeast Quarter (SE /4) of Section 18, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southeast Corner of said Section 18, Thence Westerly along the South lisle of the SE /4 a distance of 200,00 feet, Thence N 01 ®08925" W a distance of 50.00 feet to a point on the present right-of-way line of East 96s' street [North and the Point of Beginning; Thence S 88 05193599 W a distance of 150.00 feet, Thence N 01'10934" W a distance of 10.00 feet, Thence N 88 °51935" E a distance of 150.00 feet, Thence S 0110934" E a distance of 10.00 feet to the Point of Beginning, Said tract contains 1,5000000 square feet or 0.03 acres more or less, WN A. part of the Southeast Quarter (SE /4) of Section 18, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Commencing from the Southeast Corer of said Section 18, Thence Northerly along the East line of the SE /4 a distance of 200.00 feet, Thence S 88 °51935" W a distance of 50.00 feet to a point on the present right-of-way line of North Garnett Road and the Point of Beginning; Thence S 88 °51935" 'W a distance of 10°00 feet, Thence N 01 010934" W a distance of 424,83 feet, Thence N 88 °51935" E a distance of 10.00 feet, Thence S 01 ®10'01" E a distance: of 424.83 feet to the Point of Beginning. Said tract contains 4,2620671 square feet or 0.10 acres more or less. SEC.18 T21N,R14E -BEFORE CROSS (40,000.010 sq. ft. ) or 0.91 EXISTING R/W ((17,500.000 sq. ft.) - 0.40 PERMANENT R/W (3,299.955 sq. ft.) or 0.08 REM IN QTR (19,200.055 sq. ft.) or 0.44 PERPETUAL EASEMENT TEMP R /!4 562.308 ft.) or 0.01 TEMP R /W ACRES ACRES ACRES ACRES ACRES ACRES ACRES i PARCEL No. 2.0 & 2.1 SE /m SEC. 18 T21N. Rt4E 3 TEMP. R/W L-5 :� -; "tfR /W & 'PROP. LINE 96 STREET N. SCALE 1a= 100' APPRNM FORM 104 (REV. 10-67) Parcel 2.0 A part of the Southeast Quarter (S 14) of Section 18, Township 21 forth, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Said tract contains 3,299.955 sgtmrre feet or 0.08 acres more or less. PARCEL NO. 3.0 TULSA COUNTY PARCEL LOC/eT1ON_m 96TH SYR., OWASSO, OK LEGAL DESCRIPTION .,A Peat of the NE 14 19 of Section 19, T21N, R14E —_ I.M., (see Instrument) - SEC.19 T21N,R14E BEFORE GROSS (380 537.791 sq. ft.) or £3.73_ ACRES EXISTING R/W (47,131.100 so . ft.) or 1.00 ACRES PERMANENT R /W__ (19 310.139 sq. ft.) or_0 °42 ACRES REM IN QTR (315 096.561 dq. ft.) or 7.23 ACRES PERPETUAL EASEMENT _. ACRES TEMP R /W_._ m - ACRES TEMP R/W ACRES 96TH STREET .. e .... .........:............... RIW ........ . :::: :::::.. { :... e I PARCEL No. 3.0 NE /4 SEC. 19 T21N, R14E .. . • ^� 14 � e SCALE 1 "- 100° uSAL i11RM 104 (REV• 10x•01) A part of the Northeast (NE/4) of Section 19, Township 21 North, Range 14 East, Tulsa County, Oklahoma, more particularly described as follows: Said tract contains 43,655.408 square feet or 1.00 acres more or less of new right-of-way. The remaining area included in the above description being right-of-way occupied by the present highway. 3NII !A#77—dO�4 3iltu IMIZI 10-01 'A39) VOL M103 -IVSiVUddY 'Oot =qt AIV, I 3K?j'N[ZI LV33S (juawnilsul aus) I-ri•I 31,LN 'NLZ.L 'LL u0!l3aS J® j,/MS wil )® liod V NORdIHOSTI IV031 0757-ussmil, ME= ,UNnO3 vsim Olt, 133UVd Lt Parcel 4,0 A part of die Southwest (SW /4) of Section 17, Towm9hip 21 North, Range 14 EM, Tulsa County, Oklahoma, particidarly described as follows: I Ii mil PARCEL NO. 5.0 TULSA COUNTY 96TH Silt., OWASSO, Olt LEGAL DESCRIPTION A port of the SW /4 of Section 17, T21N, R14E ,I.M., (see Instrument) SEC.17 T21N,R14E SCALE 1 "m 100' --SAL FARM 104 (REV. 10 -01 394.3 . . PkoP: uve ° PARCEL ;No. 5.0 SW /4 SM 17 T21N. R14E , z CL &,a Parce15.0 A part of the Southwest (S W/4) of Swoon 17, Township 21 North, loge 14 East, Tulsa County, Oklahoma, more particularly described as follows: Commencing faom the Southwest Comer of said Section 17, Thence Easterly along the South line of the SW /4 a distance of 332.01 feet to the Point of Beginning; Thence N 01 °10'34" W a dastancc of 60.00 free, Thence Easterly and parallel to the south line of said. section 17 a distance of 399.30 feet, 'thence S O1 °10'34" E a distance of 60.00 fee&, Thence Westerly along the South line a distance of 399.30 to the Point of Beginning. Said tract contains 15,373.072 square feet or 035 acres more or less of new right-of-way. y. `ice remaining area included in the above description being right-of-way occupied by the present highway. R, - - - - - - - - - - - - SCALE 1'= 100' APPRAISAL. FORM 504 (REV- 10® A part of the Southwest (SW/4) of Section 17, Township 21 North, Range 14 East, Tulsa County, ®klahorna, more particularly described as follows: Commencing from the Southwest Comer of said Section 17, Thence Easterly along the South line of the. SW /4 a distance of 731.31 feet to the Point of Beginning; Thence N 01'10'34" W a distance of 60.00 feet, Thence Easterly mid parallel to the south line of said. `s6ction- 17 a distance of 297.00 feet, Thence S 01 ®109349 a distance of 60 °00 feet, Thence Westerly alorzi the South line a distance of 297.00 to the Point of Beginning. Said tract contains 11,434 °504 square feet or 0.26 acres more or less of new right-of-way, The remaining area included in the above description being right-of-way occupica by the present highway, 111 Norti-i Main PO Box 180 Owasso, OK 74055 Cornerstone Center, Inc. % Dominic Sokolosky P.O. Box 572 Owasso, Oklahoma 74055 Ce 9 -W f wassc� October 5, 2004 (918) 376-1500 FAX (918) 376-1599 www.cityofo-o,#asso.com Accordingly, by this correspondence the City of Owasso is making a conditional offer to 0 acquire the Right of Way from you in the name of the City of Owasso. The offer is as r-ollows: To Acquire Right of Way S 3; 00.00 (Appraised Amount) Of the above amount $--0-00 is compensation for damages. Should you have any questions regarding this matter, please contact nee at 918/376 -1511. 1 would 4 eoiate your respondin by contacting me within 15 days of the offer date. Si ,�relY, Ronald D. Cates General Counsel /City Attorney Eno. Real Estate Appraisal C*_fOn- I I I Novth Main PO Box 180 Owasso, OK 74055 McAuliff Investment Company % James A. McAuliff 1515 S. Denver Tulsa, Oklahoma 74149 Dear cAuliff. ��W (918) 376-1500 FAX (91 8) 376-1599 www.cityofovvasso.com Accordingly, by this correspondence the City of Owasso is making a conditional offer to acquire the Right of Way from you in the name of the City of Owasso. The offer is as follows: To Acquire Right of Way U0.00000 (Appraised Amount) Of the above amount L-0-00 is compensation for damages. Should you have any questions regarding this matter, please contact me at 918/376-1511. I would appr-pciate your responding by contacting me within 15 days of the offer date. Ikonald D. Cates .1 C,111 nse C tv Ittorne-,A Enc. Real Estate Appraisal M f Owasso 111 Nowth Mahi PO Box 180 Owasso, OK 74055 9e & Garnett, L.L.C. P.O. Box 240 Owasso, Oklahoma 74055 �ti' October 5, 2004 (918) 376-1500 FAX (91 8) 376-1599 wwvv.dtyofowassoxom I 77j Flyrasso is in Ing a conaliTional oner to acquire the Right of Way from you in the name of the City of Owasso. The offer is as follows: To Acquire Right of Way $146,400.00 (Appraised Amount) Of the above amount 1-0-00 is compensation for damages. The above offer is the amount the City of Owasso arrived at after having your property I appraised to find its fair market value. This offer, although bona fide, is conditioned upon securing the approval of the City Council of the City of Owasso as well as your ability to convey to the City of Owasso clear title to the sought property interests. This is a firm offer made according to constitutional and statutory requirements. If you desire to do so federal regulations allow you to donate the needed Right of Way. Your consideration would be greatly appreciated. Should you have any questions regarding this matter, please contact me at 918/376-1511. I would ap ciate your responding by contacting me within 15 days of the offer date, sin ely' R-anald D. Cates General Counsel/City Attorney Enc. Real Estate Appraisal N G o assq 111 North Main PO Box 180 Owasso, OK 74055 Attn: Mr. John Burngarner 2 100 South Utica Avenue Penthouse Tulsa, OK 74114 October 5, 2004 (918) 376-1500 FAX (918) 376-1599 www.cRyofowassaxoRn Accordingly, by this correspondence the City of Owasso is making a conditional offer to acquire the Right of Way from you in the name of the City of Owasso. The offer is as rollows: To Acquire Right of Way $11 & 000.00 (Appraised Amount) Of the above amount 0.00 is compensation for damages. Enc. Real Estate Appraisal 1 1 1 Nonh Main PO Box 180 Owasso, OK 74055 BYN, Inc. P.O. Box 86 Owasso, Oklahoma 74055 Dear Sir or Madam: Jqf (�was�Tj (918) 376-1500 FAX (918) 376-1599 www.ckyof Owasso mCom Accordingly, by this correspondence the City of Owasso is making a conditional offer to acquire the Right of Way from you in the name of the City of Owasso. The offer is as follows: To Acquire Right of Way $10&000.00 (Appraised Amount) Of the above amount 0.00 is compensation for damages. Should you have any questions regarding this matter, please contact me at 918/376-1511. I would a ,pprg,ciate your responding by contacting me within 15 days of the offer date. 1110 r(�, R. [Lonald D. Cates General Counsel/City Attornel Enc. Real Estate Appraisal I I I North Main PO Box 180 Owasso, OK 74055 C a of 0 Y--' ---Yasso October 5, 2004 Roy B. Bowman and Shirley M. Bowman 11515 E. 96' St. North Owasso, Oklahoma 74055 Dear Mr. and Nh-s. Bowman: (91 8) 376-1500 FAX (91 8) 376-1599 www.cityofowasso.com Accordingly, by this correspondence the City of Owasso is making a conditional offer to acquire the Right of Way from you in the name of the City of Owasso. The offer is as follows: To Acquire Right of Way I80I000-00 (Appraised Amount) Of the above amount 0.00 is compensation for damages. The above offer is the amount the City of Owasso arrived at after having your property appraised to find its fair market value. This offer, although bona fide, is conditioned upon 1.1 securing the approval of the City Council of the City of Owasso as well as your ability to convey to the City of Owasso clear title to the sought property interests. This is a firm offer made according to constitutional and statutory requirements. If you desire to do so federal regulations allow you to donate the needed Right of Way. Your consideration would be greatly appreciated. Should you have any questions regarding this matter, please contact me at 918/376-1511 I would Vpfeciate your responding by contacting me within 15 days of the offer date. Sin j*61y, 1�,onald D. Cates General Counsel/City Attorn Enc. Real Estate Appraisal TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: RICKEY HAYES DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT- SF MARKETPLACE INVESTORS, LTD INFRASTRUCTURE IMPROVEMENTS AGREEMENT RESOLUTION NO. 2004-22 DATE: October 7, 2004 The City of Owasso's Technical Advisory Committee and Planning Commission reviewed presentations from the Community Development Department and representatives from Hunt Properties regarding a request for rezoning, platting, and a site plan for the facility. The requests were unanimously approved by the Planning Commission and the City Council. An Infrastructure Improvement Agreement between the Owasso Public Works Authority and SF Marketplace Investors, LTD, has been prepared and is included within Resolution No. 2004-07 which is attached for your information and review. The document is very similar to an agreement that the City of Owasso entered into with Home Depot that allowed reimbursements for certain costs related to public improvements in the development area. All other details of the Infrastructure Improvement Agreement between the City of Owasso and SF Marketplace Investors,LTD are outlined in the agreement. RECOMMENDATION: Staff recommends approval of Resolution No. 2004-22 a resolution of the City Council of the City of Owasso, Oklahoma approving an Infrastructure Improvement Agreement between the Owasso Public Works Authority and SF Marketplace Investors, LTD. and authorizing the Mayor to execute documents relating to the agreement. ATTACHMENTS: Resolution No. 200422 EnCLOSURE: ProDosed DeveloLig-jLtj�;4.- ,QLUQ-�i 3ATLACE PIT JES-rwks' LTD. �� ENTERING INTO AN INFRASTRUCTURE IMPROVE, MENTS AGREEMENT BE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT. In accordance with the provisions of Title 60, Okla. Stat., Section 176 (E), the City Council hereby approves the Infrastructure Improvements Agreement between The Owasso Public Works Authority and SP Marketplace Investors, Ltd., and authorizes the obligation on the part of the Owasso Public Works Authority incurred thereby. APPROVED AND ADOPTED this 19" day of October, 2004, by the City Council of the City of Owasso, Oklahoma. Susan Kimball, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Ronald D. Cates, City Attorney THIS INFRASTRUCTURE IMPROVEMENT AGREEMENT ( "Agreement ") is made and entered into effective as of October - ?004 by and between OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust ( "Authority ") and SF MAR.KE,rPLACE INVESTORS, LTD., a "Texas limited partnership ( "SF Marketplace "). � 1 _, A. SF marketplace and affiliates have or will acquire ownership of the property consisting of approximately sixty -six (66) acres and situated near the southwest corner of the intersection of 961" Street North and U.S. Highway 169 in Owasso, Oklahoma ( "Property ") for the development of two commercial retail shopping centers (collectively the "Project "), which property is more fully described and depicted on Exhibit A attached hereto. B. This Agreement is being entered into with the expectation that the new Project proposed to be undertaken (or being undertaken) hy, or facilitated by, SF Marketplace in Owasso, Oklahoma, will generate substantial new sales tax revenues for the City of Owasso (the "City "). C. The Project reasonably requires significant land dedications, street and intersection improvements and certain utility, storm sewer (including jdetention) and sanitary sewer improvements and that neither the City nor the Authority has sufficient current funds to pay the costs thereof at this time. D. Within and subject to the constraints of applicable State law, the City and the Authority have represented that in the event SF Marketplace undertakes to effect and pay the costs of such street, intersection, utility, storm sewer (including detention) and sanitary sewer improvements, the Authority will cause SF Marketplace to be reimbursed for a portion of such costs. E. The Authority's sources for funding such reimbursements will be either from its surplus revenues or expected funding to be derived from sufficient annual appropriations or equivalent allocations by the City to the Authority of amounts, payable in quarterly installments, equal to one -half of one cent of such City sales taxes as are collected from businesses operations situated on (A) any of the "Development Area" described in Exhibit B hereto and (13) the Property. I-.. The parties acknowledge that the City cannot obligate itself (i) to appropriate or otherwise allocate any existing or future City sales tax or other monies to the Authority in any future fiscal year other than on a current fiscal year basis, or (ii) to commit to the Authority that it will 455671 v5 (01560.023) facilitate any future bond issue of the Authority, the repayment of which is in whole or in part based on appropriations or allocations of any City sales taxes. G. The parties acknowledge that the City, within and subject to the constraints of applicable State law, has indicated its willingness to express its reasonable expectations and intentions of undertaking all such actions as may be reasonably necessary to accommodate and facilitate the Authority's performance of this Agreement as set forth above, and through its approval of this Agreement as an incurrence of indebtedness by a public trust of which it is sole beneficiary, and through a Resolution separately adopted concurrently herewith, the City has affirmed such willingness. 11. Based on the foregoing, in connection with the Project, SF Marketplace has agreed to construct or cause to be constructed certain public improvements relating to the City's utility, sanitary sewer, and roadway systems and facilities (the "Public Improvements "), all as more fully described later in this Agreement and the Authority has determined it would be most advantageous at this time for the Authority to reimburse SF Marketplace for a portion of the costs of the construction of said Public Improvements pursuant to the terms and conditions set forth below. 1. In connection with the development of the Project, the parties desire to more specifically outline the scope, projected cost, time line and project engineering and coordination associated with construction of the Public Improvements. NOW, THEREFORE, in consideration of their respective covenants and conditions herein expressed, the Authority and SF Marketplace agree as follows: 1. Public Improvements. The Public Improvements are more particularly designated or described on the improvement plans for each portion of the Public Improvements set forth on Exhibit C attached hereto (the "Public Improvement Plans "). The Authority and the City have approved, or will approve, the Public Improvement Plans, and SF Marketplace agrees to construct the Public Improvements as described in the Public improvement Plans within the time frames set forth in the Public Improvement Plans. The initial cost estimate for the Public Improvements is $4,461,179.00, as more specifically itemized on Schedule 1 attached hereto. SF Marketplace, or its Contractor for said Public Improvements, will post a Performance Bond and a Statutory Bond, or other collateral satisfactory to the City, for said Public Improvements with the City prior to the start of construction. All design and construction undertaken by SF Marketplace shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Public Improvements. SF Marketplace shall initially pay all costs incurred for the design and construction of the 455671 v5 (01560.023) Public Improvements. SF Marketplace shall receive partial reimbursement for actual costs incurred Cor the Public Improvements as set forth below in Section 3. All Public Improvements shall be subject to the Authority's reasonable inspection and approval upon completion. Upon receipt of the reimbursement described in Section 3 below, SF Marketplace shall cause to be prepared, executed and delivered any and all appropriate legal documentation, including, but not limited to, assignments, bills of sales, deeds. casements or grants, reasonably necessary to convey unto the Authority, or its assignee(s), all of SF Marketplace's right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens, or interests of others which do or might impair the title of the Authority, or its assignee(s), in and to the Public Improvements. The Authority agrees to accept the Public Improvements if constructed in full compliance with the Public Improvement Plans. Upon corpletion and acceptance of any public improvement to the satisfaction of the Authority, the Authority will recommend final acceptance by the City. It is understood that each portion of the Public Improvements described in Exhibit C may be completed at a different time. Each portion of the Public Improvements will be deetned accepted if not rejected in writing within forty -five (45) days of delivery by SF Marketplace to the Authority of a notice of completion as to that portion of the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, but prior to acceptance by the City, SF Marketplace or its contractor shall post a one (1) year maintenance bond for each portion of the Public Improvements (the "Maintenance Bonds "). After the respective maintenance bond periods, the Authority shall assume responsibility for maintenance of each portion of the Public Improvements. 2. Rights of Way, Utility Easements and Construction Easements. SF Marketplace agrees to furnish the legal description for any necessary right of way and utility easements to the Authority. The Authority agrees that it will obtain, file and furnish the necessary right of way and utility easement dedications and temporary construction easements to allow SF Marketplace to construct the Public Improvements. The City, by its acknowledgement below, agrees that it shall cooperate with SF Marketplace and the Authority to assist in completion of the Public Improvements in accordance with this Agreement. All costs and expenses, including acquisition costs, to obtain the above rights of way, utility easements and temporary construction easements shall be paid by the Authority. 3. Reimbursement of Costs for Public improvements. The parties agree that the engineer's preliminary estimate of the total anticipated estimated costs of providing and developing all of the Public Improvements is $4,461,179.00, as is more fully set forth on Schedule 1. Such schedule represents the parties' good faith estimate of the projected costs associated with the construction of the Public Improvements. Of such amount, SF Marketplace shall be entitled to be reimbursed the sum of $2,100,000.00. SF Marketplace understands and agrees with the Authority that none of the costs to be reimbursed will include any administrative overhead expenses of SF Marketplace. The expenses to be reimbursed are solely for construction of the Public Improvements, and 455671 0 (01560.023) any required Performance Bonds, Statutory Bonds and Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, SF Marketplace shall provide certified (by an officer of SF Marketplace) figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days written notice to SF Marketplace, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso. 1 I I N. Main, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by SF Marketplace, its agents, officers, employees and /or independent contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. SF Marketplace shall be reimbursed for the cost of design, construction and bonding of the Public Improvements set forth on Schedule 1. Such reimbursement shall be payable in quarterly installments. Such quarterly installments shall be in an amount equal to one -half of one cent of sales tax actually received by the City from sales generated and sales taxes collected from the "Development Area" and the "Project" during the immediately proceeding three (3) month period. The City and the Authority covenant and agree that they shall not take any action which would otherwise place SF Marketplace in a subordinated position to receive reimbursement amounts under this Agreement from the Development Area and Project. No third party or other development transaction shall be placed in a superior or equal position with respect to the right to receive reimbursements, it being the intent of all the parties that SF Marketplace shall have the first right to receive sums equal to the one -half of one cent of the sales tax generated by the Development Area and the Project. The quarterly installments shall begin on a date (the "Initial Payment Date ") which will be on the fifteenth day immediately following expiration of ninety (90) days from the date that sales tax is actually received by the City from sales generated and sales taxes collected from the "Development Area" and the "Project ". The quarterly installments shall continue until the full reimbursement amount of Two Million Two Hundred Thousand and No /100 Dollars ($2,200,000.00) has been paid to SF Marketplace. In the event that the City and /or the Authority requests change orders to the Public Improvements which would increase the obligation of SF Marketplace to install public improvements in excess of those described on Schedule 1, then the reimbursement amount of Two Million Two Hundred Thousand and No /100 Dollars ($2,200,000.00) described herein shall be increased by the net amount of change orders requested by the City or the Authority. 4. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party shall be entitled to all rights and remedies available at law or in equity, and may also institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not 455671 v5 (01560.023) limited to proceedings to compel specific performance by the defaulting or breaching party. The parties, their successors and assigns, further agree that the other party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. Miscellaneous. a. Inspection SF Markctplace shall allow the Authority, or their authorized representatives, to access the Public Improvements to inspect the work at any ti me. b. Choice of Law. This agreement shall be taken and deemed to have been fully executed and made by the parties herein and governed by the laws of the State of Oklahoma for all purposes and intents. C. Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing, and effective when signed by the authvrizrd agents of the parties. d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. C. Severability. In the event that any term or provision or this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect to the extent the remainder can be given effect without the invalid provision. f. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns. g. Costs. In the event of a dispute relating to the matters set forth herein, the prevailing party shall be entitled to Reimbursements for all reasonable attorneys' fees and expenses incurred in connection therewith. h. Notices. Any notice, request or demand provided for in this Agreement shall be deemed to have been sent notice when the notice has been delivered by personal delivery, overnight mail or delivery service, facsimile or deposited in the United States mail, registered or certified, with postage thereon prepaid to the addresses as set forth below. Notice shall be deemed received upon the earlier of: (1) if personally delivered (whether by courier or overnight private mail or delivery services), the date of delivery, (ii) if mailed, three (3) business days after the date of posting by the United States post office', or (iii) if given by facsimile when sent. The parties' addresses are as follows: 4556710 (09560.023) To the Authority: Owasso Public Works Authority 11 I North Main Street Owasso, Oklahoma 74055 Fax No. 91 8.272.4996 To the City: City of Owasso 111 North Main Street Owasso, Oklahoma 74055 Attention: Rodney Ray, City Manager Fax No. 918.3 76.1599 Mr. Ronald D. Cates, City Attorney 111 N. Main Street Tulsa, OK 74055 Fax No. 918.376.1599 To SF Marketplace: SF Marketplace Investors, Ltd. 8235 Douglas Avenue Dallas, Texas 75225 Attn: Jim Shindler, Sr. Vice President Fax No. 214.706,3251 With a Copy to: Dane, Russell, Coleman & Logan. P.C. 1601 Elm Street, Suite 3700 Dallas, Texas 75201 Attn: Raymond J. Dane Fax No. 214.777.4299 i. Authority. This Agreement shall become a binding obligation upon execution by all parties hereto. The Authority warrants and represents that the individual executing this Agreement on behalf of the Authority has full authority to execute this Agreement and bind the Authority to the same. The Authority further warrants and represents that this Agreement is valid and enforceable under applicable law and the Authority's public trust documents, and that the Authority has taken all requisite action necessary to approve this Agreement. SF Marketplace warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind SF Marketplace to the same. SF Marketplace further warrants and represents that this Agreement is valid and enforceable under applicable law and SF Marketplace's corporate documents, and that SF Marketplace has taken all requisite action necessary to approve this Agreement. The City, by its acknowledgment below, warrants that the City Resolution(s) attached hereto as Exhibit D authorizing the construction of the Public Improvements and work and undertakings related thereto, including the execution of this Agreement, have all been duly authorized by proper and legal action taken by the City of Owasso, Oklahoma. j. Force Majeure. If an event of force majeure occurs, the time for performance of the obligations under this Agreement, other than the payment of sums 6 455671 v5 (01560.023) due, shall be extended for the duration of the event of force rmjeure. An event of force majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental actions (unless caused by the intentionally wrongful acts or o1nissions of the party), fires, explosions, hoods, i strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure. IN WITNESS WHEREOF the parties have executed this instrument to be effective as of the day and year first above written. (SEPARATE SIGNATURE PAGES FOLLOW) (Remaincler of Page Intentionally Left Blank) 7 455671 v5 (01560.023) OWASSO PUBLIC WORKS AUTHORITY, THORITY, an Oklahoma Public Trust By:--- Namu: Title: ACKNOWLEDGED AND APPROVED as to farm this day of October, 20049 by the City of Owasso, Oklahoma. By:_ Name: Title: 455671 v5 (01560.023) SF MARKETPLACE INVESTORS, LTD., a'lTexas limited partnership fly: SFM GP, LLC, its general partner 13y: Hunt Properties, Inc., its manager By:_ Name: "Title: 455671 v5(01560,023) LEGAL DESCRIPTION A TRACT OF LAND THAT IS PART OF THE WEST HALF (W/2) OF SECTION TWENTY (20)e "TOWNSHIP TWENTY—ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF Tf IE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO—WIT: BEGINNING AT A POINT THAT IS THE SOUTHWEST CORNER OF THE NW/4 OF SAID SECTION 20, THENCE NORTH 00'04'36" EAST ALONG THE WESTERLY LINE OF SAID SECTION 20 FOR 1051.97 FEET; THENCE SOUTH 89055'52" EAST FOR 243.66 FEET; THENCE NORTH 00004'36" EAST FOR 136.26 FEET; THENCE NORTH 45'04'36" FAST FOR 411.89 FEET; THENCE SOUTH 45004'32" EAST FOR 100.53 FEET; "THENCE NORTH 45'04'38" EAST FOR 657.95 FEET, THENCE NORTH 85'02'56" EAST FOR 211.66 FEET; THENCE NORTH 52032'24" EAST FOR 329.72 FEET; THENCE SOUTH 44'55'58" EAST FOR 163.71 FEET: THENCE S 59'48`47" EAST FOR 1.48 FEET TO A POINT THAT IS THE MOST WESTERLY SOUTHWEST CORNER OF LOT 1, BLOCK I OF OAK TREE BUSINESS PARK, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE SOUTH 59048'47" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT I AND ITS SOUTHEASTERLY EXTENSION FOR 442.08 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT—OF—WAY LINE OF NORTH 121ST EAST AVENUE; THENCE NORTH 30011'12" EAST FOR 0.00 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT—OF—WAY LINE ON A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 43052'01" AND A RADIUS OF 375.00 FEET FOR 287.11 FEET-, THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE SOUTH 20057'38" EAST FOR 492.86 FEET TO A POINT ON THE NORTHWESTERLY RIGHT—OF—WAY LINE OF STATE HIGHWAY 169; THENCE SOUTH 50'09'50" WEST ALONG SAID RIGHT- OF—WAY LINE FOR 920.07 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 13014'21" AND A RADIUS OF 5230.51 FEET FOR 1208.65 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE NW/4 OF SECTION 20; THENCE CONTINUING ALONG SAID RIGHT—OF-WAY LINE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 01024'31" AND A RADIUS OF 5230.51 FEET FOR 128.59 FEET, THENCE NORTH 58'08'47" WEST FOR 196.31 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NW/4 OF SECTION 20; THENCE SOUTH 89'57'56" WEST ALONG SAID SOUTHERLY LINE FOR 662.96 FEET TO THE POINT OF BEGINNING. 455671 v5 (01560.023) - -.. i .. iM (City of Owasso, Oklahoma) SMITH FARM MARKETPLACE LEGAL DESCRIPTION A TRACT OF LAND THAT IS PART OF THE WEST HALF (W /2) OF SECTION TWENTY (20), TOWNSHIP TWENTY -ONE (2 1) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT THAT IS THE SOUTHWEST CORNER OF THE NW /4 OF SAID SECTION 20;THENCE N 00 °04 °36" E ALONG THE WESTERLY LINE OF SAID SECTION 20 FOR 373.69 FEET; THENCE N 90 °00'00" E FOR 60.00 FEET TO THE POINT OF BEGINNING; THENCE N 00 °04'36" E FOR 678.20 FEET; THENCE S 89 °55'52" E FOR 183.66 FEET, THF.NC'F. N 00 °04'36" E FOR 136.26 FEET; THENCE N 45 °04'36" E FOR 411.89 FEET; THENCE S 45 °04'32" E FOR 100.53 FEET; THENCE N 45 °04'38" E FOR 657.95 FEET; THENCE N 85 °02'56" E FOR 211.66 FEET; THENCE N 52 °32 "24" E FOR 329.72 FEET; THENCE S 44 °55'58" E FOR 163.71 FEET; THENCE S 59 °48'47" EAST FOR 1.48 FEET TO A POINT THAT IS THE MOST WESTERLY SOUTHWEST CORNER OF LOT 1, BLOCK I OF OAK TREE BUSINESS PARK, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE S 59 048'47" E ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 AND ITS SOUTHEASTERLY EXTENSION FOR 388.49 FEET; THENCE S 32 028'44" W FOR 0.00 FEET; THENCE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 20026'12" AND A RADIUS OF 798.65 FEET FOR A DISTANCE OF 284.87 FEET; THENCE ON A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 26 002'42'° AND A RADIUS OF 804.17 FEET FOR A DISTANCE OF 365.55 FEET, THENCE S 38'05'13" W FOR 15.83 FEET; THENCE ON A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 26 007'37" AND A RADIUS OF 1875.00 FEET FOR A DISTANCE OF 855.00 FEET; THENCE S 64 012'49" W FOR 385.31 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 25 047'11" AND A RADIUS OF 1175 FEET FOR A DISTANCE OF 528.82 FEET; THENCE S 90 °00'00" W FOR 108.66 FEET; THENCE N 0 000'00" E FOR 13.00 FEET; THENCE S 90 °00'00" W FOR 39.95 FEET TO THE POINT OF BEGINNING. 455671 v5 (01560.023) f' an 455671 v5 (01560.023) Smith Farm Marketplace WATER MAIN EXTENSION PLANS Sheet # Title Date WL 1.0 COVER SHEET 10.6.04 VVL 12 DETAILS 10.0.04 VVL 1.3 KEYMAP 10.8�04 VVL21 VVL1 PLAN &PROFILE 10.6iO4 WL2�2 W11 PLAN &PROF|LE 10.6iO4 VVL2.3 VVU PLAN & PROFILE 10.6.04 VVL24 VVL1 PLAN &PROFILE 10.6.04 VVLZ,5 VVL2 PLAN &PRC)F|LE 10.0.04 VVL2.6 VYL2 PLAN &PROF|LE 10.8.04 VVL27 VYL2 PLAN & PROFILE 10.0.04 VVLz.8 VVL3 PLAN & PROFILE 10.6.04 VVL2.9 VVL3 PLAN & PROFILE 10.6.04 VVL2.1V VVL3 PLAN &PR0F|LE 10.6.04 Sheet # Title Date SS1 COVER SHEET 10,U4 SO2 KEYMAP 10.0.04 SS3 PLAN &PROF|LErNH'3i-7 10604 SS4 PLAN & PROFILE k8H'S8&0 10.6.04 S85 PLAN & PROFILE K4H'S1O-i4 10804 SS6 PLAN & PROFILE MH'B 15-18 10.8.04 SS7 PLAN & PROFILE K8H'G8&17'21 108.04 S38 PLAN & PROFILE N1H'S22-27 10.6.04 GS Q DETAILS 10.6.04 s8 10 DETAILS 10.0.04 Sheet# Title Date DR 1.1 COVER SHEET 10.E.04- DR 1.2 DRAINAGE AREA MAP 10.6.04 DR 1.2A DRAINAGE TABLES 10.6.04 DR 1.3 EROSION CONTROL PLAN 10.6.04 DR 1.4 DRAINAGE DETAILS 10.0.04 DR 1.5 DRAINAGE DETAILS 10.0.04 DR 1.6 STORM DRAIN PLAN VIEW 10.8.04 OR 1.7 STORM DRAIN PLAN VIEW 10�6.04 DR 1.8 STORM DRAIN PLAN VIEW 10.8.04 DR 1.9 STORM DRAIN PLAN VIEW 10.0.04 DR 2.1 STORM DRAIN PROFILES 10804 DR 2.2 STORM DRAIN PROFILES 10,6.04 DR 2.3 STORM DRAIN PROFILES 10.6.04 DR 2.4 STORM DRAIN PROFILES 10.&04 OR 2.5 STORM DRAIN PROFILES 10.0.04 DR 2.6 STORM DRAIN PROFILES 108.04 DR 3.1 STORM DRAIN INLET PLANS 10.8.04 DR 32 STORM DRAIN INLET PLANS 10.8,04 DR 4.1 DETENTION PONDSA&B DETAILS 10.6.04 DR 4.2 DETENTION POND C DETAILS 10.8.04 NORTH 121ST EAST AVENUE PAVING PLANS Sheet# Title Date RD 1.1 COVER SHEET 10.6.04 RD 1.2 ROADWAY PLANS KEYMAP 10�8.04 RD 1,3 ROADWORK DETAIL SHEET 10.6.04 RD 2.1 ROAD PLAN & PROFILE STA1+OU.00TO1O+15OO 10.6.04 RD 2.2 ROAD PLAN G PROFILE STA1O+15.00TO1&+8D.00 10.0.04 RD 2.3 ROAD PLAN &PROFILE STAi9+00.0OTO27+70.15 10.6.04 RD 3.1 CROSS SECTIONS 10.6.04 RD 3.2 CROSS SECTIONS 2 108.04 RD 3.3 GROSS SECTIONS 3 10.6.04 6' � I -- PUBLIC IMPROVEMENT COSTS I'LUS COSTS OF PERFORMANCE, AND k. I. c BONDS ENCLUDED IN REIMBURSEMENTS 455671 v6 (01560.023) ITEM AMOUNT Betty Smith Blvd �Construction Costs and Related Improvements. $2,200,000 N. Garnett Road � Land Dedication - 132,439 sf @ $3.50 /sf $228,690 Public Stom Drain $1,200,000 Public Power /Electric - Incl trenching/conduits $165,000 Public Telephone - incl trenching, conduits & backfili $40,000 Land Detention Reserves _w Deserve .A m 49,136sf @ $3.50 /sf $171,976 Deserve B - 62,726sf @ $3.50 /sf $219,541 Deserve C -- 65,410sf @ $3e50sf $197,472 Co ntin one $38,500 Total Costs for Public I rove eats $4,461,179 I'LUS COSTS OF PERFORMANCE, AND k. I. c BONDS ENCLUDED IN REIMBURSEMENTS 455671 v6 (01560.023) 455671 A (01560.023, 11) 111 Worth Main PO Box 180 Owasso, a September 27, 2004 Jim Shindler Hunt Properties 8235 Douglas Avenue Dallas, TX 75225 'T R e �M-11111��� LIS-1 (918) 376-1500 FAX (918) 376-1599 =UiL In response to our phone conversation, be advised that the scheduled timeline for the road widening, intersection and water distribution improvement projects along East 96 th Street North and N. Garnett Avenue are as follows: 96"' Street North and A!S.M — construction is scheduled to begir, S ber 1, 2004 and be completed May 1, 2005 ge Street North and Garnett intersection and 9e Street North widening from Owasso Market to Garnett — Final design to be complete September 2004, bids received and awarded October 2004, construction to begin late November 2004 and completed late August 2005. Garnett Avenue from 96th to Be — Final design completed late October 2004, bids received and awarded December 2004,, construction to begin January 2005 and completed September 2005 ' which will include the fully signalized intersection at Garnett and at Hayward and Betty Smith Boulevard. The City of Owasso assures you that all of the road improvements, intersection improvern ' ents, and water distribution projects described in this letter have been duly approved, undertaken and are in the process of being completed by the City of Owass Oklahoma, pursuant to the attached Resolutions duly adopted by the City of Owasso, Oklahoma. I W e appreciate Target Inc. and Hunt Properties and your investment in our cib/. As always, if I can help you in any way, don"t hesitate to call. City Manager City of Owasso S 11 1 - 11 �11 11 � I I I'll 11 > A RE, SOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS FOR FUNDING FROM THE CAPITAL.IMPROVEMENTS FUND WHEREAS, on the 14"' day of October, 2003, the citizern of the City of Owasso, Oklaliorna, approved Ordinance Number 763, an ordinance providing for the eA-ension of the third penny sales tax and further, eyte W"hocow-Wi 4- �' -W �" - ', " U,32=6,0.0006-.#�,Wi ,t --' AL, M39MA-MAZU11 =-' ItEMAMILOW1 UUy OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 19 2004 The Owasso City Council met in regular session ®n Tuesday, June 1, 2004 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, May 28, 2004, ITEM 1. CALL TO ORDER ITS 2. INVOCATION MENOMINEE ill llillillll ill I a. ITEM 3. FLAG SALUTE MON. Fire Chief Lonny Fisher presented the character trait of Joyfulness as the Character Trait of the Month for June, 20 04. Owasso City Council June 18 2004 Mr. Colgan reviewed the many accomplishments of the Owasso Rams Baseball Team. Ms. Kimball then read the Mayor's Proclamation proclaiming the 4tb day of June, 2004 as Owasso Rams Baseball Day in congratulations and appreciation to Coach Larry Turner, his coaching staff, and the entire team for their achievements. ITEM 7. PRESENTATION OF EMPLOYEE OF THE MONTH, Mr. Ray introduced Tai McCall, David Warren and Julie Stevens who together coordinated the City's Relay for Life team. Tammy, David and Julie will share the Employee of the Month award for June, 20040 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA III I IIFII V ININVII I i M aimL C. Action relating to Council acceptance of the Coffee Creek Office Commerci , Condominiums sanitary sewer system. The subject commercial develo P me is located southwest of the East 106th Street North and North 145' Ea7 Avenue intersection. D. Action relating to Council acceptance of the Remington Place streets stormwater drainage system. The subject property is located west of the Ela I 16th Street North and North 129d' East Avenue intersection. 11 Action relating to Council approval of Resolution No. 2004-10 allowing for the renewal of the E-91 I Interlocal Agreement. Owasso City Council June 1, 2004 U Action relating to Ordinance No. 784, an ordinance approving the rezoniwl request from Kellogg Engineering, Inc., as made in application number OZ 04-03, of approximately 35.46 acres, more or less, subject property is located 0.3 miles south of East 116 1h Street North Mr. Cochran moved, seconded by Mr. Cataudella, to approve the Consent Agenda with clain) totaling $170,118.20 and payroll claims totaling $256,464.49; and Council acceptance of t Coffee Creek Office Commercial Condominiums sanitary sewer system and Remington Pla streets ' and stormwater drainage system. Also approved is Resolution No. 2004-10 911 Ordinances No. 782, 783, 784, 785, 786, 787 and 788, as stated above. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendll NAY:WTone 1 Owasso City Council ll Mr. Ray presented the item. Mr. C4audella moved, seconded by Mr. Colgan, to approve Resolution No. 4 stated above. YEA: Colgan, Cataudella, Kimball, Cochran, Thoenda- NAY. None 0 ITEM. 10. PUBLIC HEARING — A public hearing relating to the City of Owasso Fiscal Year 2004-2005 Annual Budget Presentation. City Manager Rodney Ray and City Treasurer Sherry Bishop presented the proposed City of Owasso Annual Budget for Fiscal Year 2004-2005. Ms. Kimball then opened the floor for the purpose of receiving comments and citizen input. Ms. Kimball asked about the $7,000 for Professional and Technical Services allocated to the Cemetery Department. Mr. Ray answered that because old cemetery records had been destroyed, it has become necessary to hire a service that provides sonar mapping of the lots to determine if any lots are available to sell. Mr. Colgan asked when the 76 Street North Fire Station will be opened. Mr. Ray answered th the goal for completion of the Fire Station is January 1, 2005. a, I 10TT UUMPLUCr SYSLCIII MIL1 LIM 11C 11upot u) scu N owl revenue over FY 2004, but it will be September or October before we will be able to determine the size of these increases. M Owasso City Council 'FACRIUMM, ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO AWARD AN ENGINEERING SERVICE AGREEMENT FOR THE NORTH GARNETT ROAD IMPROVEMENT PROJECT. Mr. Cochran moved, seconded by Mr. Cataudella, to award an engineering service agreement with C2A Engineering, Inc. of Tulsa, Oklahoma, in the total amount of $132,375.00, and to imr YEA. Colgan, Cataudella, Kimball, Cochran, Thoend NAY: None i Motion carried 5-0. �11-1 Ms. Kimball asked Mr. Hayes to report on his recent attendance at the International Council Shopping Centers convention held on May 23 -26, 2004. 1 Owasso City Council June 1, 2004 Former Mayor John Groth announced that several citizens had asked him to publicly thank the Council for the wonderful condition of the City parks. ITEM 16. ADJOURNMENT Mr. Cochran moved, seconded by Mr. Colgan, to adjourn. YEA- Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None I Sus amn Kimb , Mayor \ rill"ll �){ w1l.- ~ 12 ( ) \ \ ° ~ � ADDENDUM TO CLAIMS TO BE PAID 10/19/04 VENDOR DESCRIPTION `T BECCO CONTRACTORS, INC US 169 & 96 ST N - 7/20/04 $ 102,836.26 CAPITAL IMPROVEMENTS FUND TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY it OW S O FROM. RODN Y J RAY CITY MANAGE SUBJECT. LEGISLATIVE ISSUES FOR DISCUSSION WITH SENATOR 2 1 ♦i j i � i 13 : ��� As you know, Senator Brogdon and Representative Smaligo will meet with the Council and Staff during the work session for the purpose of briefing the group on the upcoming legislative session for 2005. Additionally, there are a few issues the staff would like to bring to the attention of our legislators. Attached, for your review are position papers on four issues I would like to present to the two legislators for their consideration. The issues relate to Rural Water Districts and their ability to provide adequate water for fire protection purposes, unionizing of non uniform municipal employees, licensing of small motor scooters and an issue relating to the ability of our intoxalyzer to capture a second sample for use by a defendant in a DUI case. While I don't think any of these issues to be counter to our past positions (two of them have never been discussed with the City Council, those being the motor scooter ad intoxalyzer issues) I did want you to see them before Monday Night in order for you to comment or "pull" them from the presentation. The position papers are attached for your review. I will be out of town Saturday but can be reached by cell phone or at my home on Sunday or at the office Monday morning. Legislative Issues RODNEY RAY CITY MANAGE] DAN YANCEY CHIEF OF POLICE SUBJECT- LEGISLATIVE ISSUES DATE: October 8, 2004 KI ` IX . 1 Statement of the Issue In the last session of the legislature an oversight in legislation passed created an apparent requirement to capture an independent breath sample for the use of the defendant in a DUI case. The specific section Title 47754 FIE This has led to requests for production of the sample by some DUI Defense Attorneys. At this point officers are not advising defendants of access to a sample of breath, because it is not possible to capture and retain one with the intoxalyzer. The single reference in the Title 47 is directly contrary to several other references in the title which specifically do not require the capture of breath samples in cases where automated device is used. Recommended Action Repeal Title 47 Section 754 FIE in the law. s 77 CITY FROM- a a CHIEF OF POLICE SUBJECT- LEGISLATIVE ISSUES October i 20(M Numerous recent changes in State law concerning motor scooters and other such people - moving conveyances, predicated on maximum speed and motor size, have created an enforcement dilcmma where such information may not be readily ascertainable or apparent to law enforcement or the consumer. Within the last two years the selling and operation of electric scooters from roadside vendors, internet and discount stores have in some cases misled the consumer into thinking these vehicles are allowed on public roadways. Recommended Action Amend 'title 47 Section 6 -101 of the Oklahoma Statutes by adding a new sub - section that would impose a duty on any person or business operating or selling any motorcycle, motor driven cycle, moped, mini bike, motorized scooter, motorized bicycle, electric assisted bicycle, electric personal mobility assistance device, electric wheelchair or any other motorized personal conveyance to clearly have displayed on such device, its legal defined category, maximum speed, motor size (in watts or centimeters) as well as statement describing the motorized vehicle as street legal or not. TO: RODNEY J RAY CITY MANAGER F It OM: ERIC WMES COMMUNITY DEVELOPNIENTDIRECTOR SUBJEcr- LEGISLATIVE ISSUE DATE: October 69 2004 The City and the bargaining unit are required to meet to negotiate wages, hours, and other terms and conditions of employment. further, the law requires any collective bargaining agreement negotiated to contain a grievance resolution procedure providing for binding arbitration of grievances pertaining to employment terms and conditions and related personnel matters, including questions of arbitrability and appeal of disciplinary and other employment actions. The bill states that any employee organization or employer may sue or be sued under the Act. Jurisdiction for actions against the exclusive bargaining agent shall be in the district court in which the organization maintains its principal office, or in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. Individuals are not liable for judgments against employer or exclusive bargaining agent. What needs to be changed? SB 1529 should be repealed. MEMORANDUM TO: RODNEY J RAY FROM: LONNY FISHER FIRE CHIEF SUBJEC: LEGISLATIVE ISSUE DATE: October 8, 2004 Statement of the Issue What needs to be changed? 11 0. S. § S1 -111 (see attached). It is submitted that the current law should be changed to mirror the jurisdiction vested in the District Court when reviewing grievance arbitration under the newly enacted General Employee Bargaining Act (GEBA), 11 0.S. § 51-201 et. Seq. Under GEBA, the District Court may review an award "when the arbitrator was without or exceeded his authority; when the order is not supported by competent, material and substantial evidence on the whole of the record; or the order was procured by fraud, collusion or other similar and unlawful means". It is submitted that no legitimate reason exists relating to why the jurisdiction of the District Court should not be the same under the Fire and Police Arbitration Act. Why is the change needed? See above and below. "at are the advantages and disadvantages ®f the change? The disadvantages would surround prolonging finality of an arbitrator's decision. Additionally, there will in all likelihood be increased attorneys' fees and costs that would be attendant to judicial review of an arbitrator's decision. Who does the change impact and how? See above How will you respond to those aaWrsely impacted? It is submitted that no group will realistically be any more adversely impacted than another. Are there coalitions that might be formed to initiate the change? Oklahoma Municipal League Oklahoma City Managers Association Oklahoma Association of Municipal Attorneys State and County Bar Municipal Lawyers Groups Im-, Background Arbitration Issues The current arbitration process does not include a procedure for the appeal of the arbitrators ruling. The arbitrator is not held to a standard of accountability such as the law or standard practices. To safeguard the integrity of the arbitration process, the arbitrators ruling should be reviewed by an independent third party such as a court or elected official. Arbitration decisions overturning disciplinary or termination actions of municipalities may allow continued employment of individuals or render disciplinary actions meaningless when the individual has committed major infractions or has demonstrated a propensity for behavior that can be harmful to the public or coworkers or expose the municipality to liability. Decisions may also adversely affect the budget of municipalities, and if an award is made after the approval of a budget for a new fiscal year (which would be the typical case) it may cause the City to unlawfully exceed its spending limitations. Unfortunately, many arbitrators have come from the ranks of unions and are biased which leads to some unfavorable rulings. In essence, fire and police unions will take any action or situation to arbitration because they know there is a good chance that they will get an arbitrator that has been a union member in the past. This will enhance their chances to win an issue even if the laws and regulations state otherwise. To become an arbitrator, the individual must submit an application to an agency or organization such as the Federal Mediation and Conciliation Service. Meet the general criteria of experience, competency and be accepted in decision - making roles. The applicant must also provide proof of qualification by submitting five (5) arbitration awards prepared by the applicant, or experience in relevant positions in collective bargaining, or as a judge or hearing examiner. Many arbitration rulings have been questionable. Included are some examples of these rulings. TULSA - Arbitrators ruled against the firing of 2 police officers for use of excessive force, while a jury, using the same facts, awarded $150,000 in punitive damages against the officers. Officer Lori Vlsser flashed her automobile lights at the Plaintiffs vehicle after something was allegedly thrown from the car. Plaintiffs passenger made an obscene hand gesture to the officer. Officer Buddy Visser joined in the pursuit in his private vehicle. During the subsequent traffic stop, the Vissers drew their firearms and forcibly removed the driver, and dragged the passenger to the ground by his hair. No charges were filed against the plaintiffs. EDMOND - Arbitrators ordered the City to reinstate an officer that, during a 6 month period, was convicted of reckless driving and driving under the influence of alcohol. The officer had a limitation placed on his driver's license because of his failure to accept a Breathalyzer test. The City's insurance carrier would not cover the officer any longer because of his driving record. The arbitrator reinstated the officer finding that "The City has shown no sympathy toward (the officer) who admitted that he had a drinking problem." August 3, 1999, Patrick F. Zembower, Impartial Arbitrator. OWASSO - Arbitrators forced Owasso to rehire 2 police officers who were fired for using excessive force and covering up the incident. The officer grabbed the handcuffed citizen by the hair, pulled his head back and sprayed pepper spray in his face. When the citizen kicked at the officer, the officer punched him 3 to 5 times in the chest while the citizen was still handcuffed. The city alleges that the citizen was then dragged from the room and pepper sprayed again, that the officer punched the citizen 20 to 30 times and that the beating left blood on the floor, walls and door. Citizens filed a $1 million lawsuit against the City. Decision dated December 23, 2000, Impartial Arbitrator: Dr. Daniel F. Jennings, College Station, Texas, Decision dated March 7, 2001, Impartial Arbitrator: Barnett M Goodstein, Dallas, Texas. L.AW` ON - City was ordered to reinstate a firefighter who had been picked up by police at a drug raid and had given police a taped confession admitting to the use of drugs. Four months after the incident, the firefighter voluntarily submitted to a drug test, which returned positive for methamphetamines, amphetamines and cannabinoids. Firefighter voluntarily agreed to counseling and random urinalyses for 1 year. He refused a request for a urinalysis test 2 months later and was discharged. Arbitrators reinstated him because the City had not instituted a city -wide drug /alcohol education campaign, and because a union representative was not present when the firefighter was directed to take the urinalysis. June 4, 1999, Impartial Arbitrator, Louis D. Ridle GL.ENP®OL, - A police officer in uniform and driving a police car, waited in an apartment parking lot for his estranged wife to appear. When she appeared with another man, the officer fought with the man. The city terminated the officer because he was on duty, the only officer on duty at the time, out of the jurisdiction using a city vehicle, and involved in a domestic dispute. The arbitrator forced the city to rehire the officer. MOO - City ordered a 3-day suspension of firefighter who viewed pornography on his office computer, which was in full view of the public. Despite the fire chiefs directive to remove all pornographic material from all fire stations, the arbitrator reversed the suspension finding that "the employee had no knowledge that he was engaging in conduct that could subject him to discipline ". June 28, 200. Louise B. Wolitz, Impartial Arbitrator, Travis County, Texas. GL,ENP®OL, - Firefighters filed a grievance because the city's health insurance policy had been changed. The health insurance agency had terminated the old policy, forcing the city to purchase another one. Arbitrators ordered the City to reinstate the old health insurance policy that no longer existed and is not currently available. LAW'TON - Arbitrator reinstated officer because City looked at the officer's entire record when deciding to discharge him. The officer had received nine citizens' complaints over the use of excessive force, belligerence, arrogance and aggressiveness in a 14-month period. Each complaint was investigated internally, but no one complaint rose to a level, which justified discharge. On the 9th complaint, the department considered the entire pattern of complaints and terminated the officer. The arbitrator found that the city waived its right to discharge Grievant when it failed to do so after each complaint. (hearing- dune 3 & 4, 1999) Impartial Arbitrator, Larry D. Smith. TO: RODNEY J RAY FROM- LONNY FISHEJ ERICWI1 SUBJECT- LEGISLATYVE ISSUE DAT E. October 6, 2004 FIRE PROTECTION PROVIDED BY RURAL WATER DISTRICTS: Because of small line size, pressure, and the absence of hydrants, city fire departments are unable to provide adequate fire protection in areas served by Rural Water Districts. This inadequate level of service could also negatively impact a city's I.S.O. rating, causing an increase in homeowners' insurance rates. MUM The law should require that, in order to obtain financing through the Oklahoma Water Resources Board, the Rural Water District must build water infrastructure that meets the standards of the community in whose fire district the infrastructure is being built. If those standards are not met, then the municipality should be allowed to serve the customers inside its corporate limits that are inadequately served by the Rural Water District. Rhy is the change needed? Citizens often mistakenly think that they have adequate fire protection because of the presence of hydrants in the subdivision, only to discover that they are inadequate or unworkable in the event of a fire. The inadequate level of fire protection afforded by the Rural Water District lines constitutes a safety hazard for citizens that are served by the Rural Water District. What are the advantages and disadvantages of the change? Citizens' advantage — Citizens living within the Rural Water District boundaries will be better protected with water systems that provide adequate fire protection. TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RA CITY MANAGER g ffimm. DATE. , h ( i October 19, 2004 As you know the Vanguard loan issue was scheduled for consideration by the City Council during this evening's meeting. Due to the need for additional information relating to the loan agreement and some last minute legal issues that must be resolved I will ask the Mayor to STRIDE item #16 from tonight's agenda. It is my opinion that the item will be back for consideration at your next meeting assuming all of the unresolved issues are addressed appropriately. / x TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- RODNEY CITY MAN J�AY Gr As you know the Vanguard loan issue was scheduled for consideration by the City Council during this evening's meeting. Due to the need for additional information relating to the loan agreement and some last minute legal issues that must be resolved I will ask the Mayor to STRIKE item #16 from tonight's agenda. It is my opinion that the item will be back for consideration at your next meeting assuming all of the unresolved issues are addressed appropriately. TO: RODNEYJ.RAY CITY MANAGER FROM: SHERRY BISHOP J� CITY CLERK _'V 'Z�W06 SUBJECT- INITIATIVE PETITION DATE: October 19, 2004 City Attorney Opinion 2004-02 regarding the recently prefiled Initiative Petition is attached, As City Clerk, it is my duty to advise you that based on that opinion, it is my position that the prefiled Initiative Petition is legally insufficient for submission to the qualified electors because of its subject matter, the amendatory rezoning of real property. Additionally, if the Initiative Petition, as prefiled, is returned for a determination of sufficiency by the Proponents of the petition, it is my intention to determine that the Initiative Petition is legally insufficient. C,jo qfpwasso, 111 North Main PO Box 180 Owasso® OK 74055 Sherry Bishop City Clerk, City of Owasso 1 1 1 N. Main St. Owasso, Oklahoma 74055 October 19, 2004 (918) 376-1500 FAX (918) 376-1599 wwwocityofowasso.com Re: Request for City Attorney Opinion-Initiative Petition- Amendatory Zoning; City Attorney Opinion-2004-02 MMMHM•M This will acknowledge receipt of your request for a legal opinion relating to thp abovereferenced matter wherein you pose the following inquiry, to-wit: Whether the initiative power as is provided for under the Constitution and Statutes of the State of Oldahoma as well as the Charter of the City of Owasso, Oklahoma th-a"f VW&C L13114311fill t An analysis and answer to your inquiry initially necessitates consideration of what "initiative" is in the legal sense. In that regard, "initiative" has been said to refer to the power reserved to the people to propose laws, amendments to constitutions and charters, as well as enact them or reject them at the polls, independent of the legislative body. 42 Am Jur 2d, Initiative and Referendum. Wyatt v. Clark, 1956 OK 210, 299 P.2d 799. Secondly, the analysis requires an examination of the relevant constitutional, statutory and charter provisions 'Pertaining to "initiative". Article 18, Section 4, of the Constitution of the State of Oklahoma, provides, in part, as follows, "4(a), Reservation of powers. In the majority of cases, courts have concluded that the provisions of enactments involved therein reserving or granting the power of initiative to the electors of municipalities were incompatible with the provisions of statutes delegating the power to zone to municipal legislative bodies and setting forth, in specific and mandatory terms, the procedures to be observed and the studies and actions to be undertaken and completed, prior to passage and adoption of a zoning measure. " The courts have either looked upon provisions reserving the right of initiative as being enactments of a general nature and ordinarily, therefore, subject to being controlled by statutes or charter provisions dealing directly and specifically with a particular subject such as zoning, or they have viewed the detailed procedural requirements set forth in an enabling statute or ordinance for the adoption of zoning measures by the council or legislative body of a municipality, as persuasive to the effect (1) that observance of and compliance with such procedures was designed and intended to be a prerequisite to the enactment of zoning legislation, and (2) that the initiative process which would not afford compliance 7 therewith should not be taken as extending to the field of zoning ". Id at 998. Cf Russell I — — v. Linton, (1953,CP) 52 Ohio Ops 228, 115 N-E2d 429. 5 McQuillin on Municipal Corporations § 15.21: "At the risk of being struck down as invalid, all ordinances must in general conform and not be inconsistent with the public policy of the state, as found in its constitution and statutes or, when the constitution and statutes are silent, in its judicial decisions in the constant practice of its public officials. The rule requires at least substantial The initiative power as is provided for under the Constitution and Statutes of the State of Oklahoma as well as the Charter of the City of Owasso, Oklahoma may not be validly employed as a means or method of enacting an amendatory zoning L5 it,rdinance? bir ,)pareiy, Ronald D. Cates General Counsel/City Attorney 4 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 28.82118 AETNA HEALTHCARE MEDICAL SERVICE 4.37075 AETNA ADM|N FEES 10N4 11.021.02 AETNA STOP LOSS 1ON4 11.300.66 HEALTHCARE DEPT TOTAL 48,4W22 DELTA DENTAL DENTAL MEDICAL SERVICE 3.050.91 DENTAL DEPT TOTAL j'9-56.91 VSP VISION MEDICAL SERVICE 782.50 V|S!ONOEPTTC)TAL ���-- 703.59 HEALTHCARE SELF INSURANCE FUND TOTAL 53,139.72 ADDENDUM TO CLAIMS TO BE PAID 10/19/04 VENDOR DESCRIPTION BECCO CONTRACTORS, INC US 169 & 96 ST N - 7/20/04 $ 102,836.26 CAPITAL. IMPROVEMENTS FUND TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEYJ.RAY CITY MANAGER SUBJECT. GOLF COURSE MANAGEMENT REPORT DATE: OCTOBER 18,2004 Attached for your review is a 90 day progress report from KC Golf Management, the consultant employed to manage the Bailey Golf Club. This first report focuses primarily on the "assessment" phase of the company's initial efforts to get the golf operations "turned around.9' My review of the report did not find any surprises and the level of concern expressed in the assessment was direct and candidly reported. The report is divided into eleven sections as follows: 1. Executive Summary 2. General Operation 3. Golf Operation 4. Course Maintenance 5. #1 and #13 Greens Assessment 6. Equipment Needs 7. Food and Beverage 8. Marketing and Sales 9. Accounting 10. Conclusion 11. Attachment from Tim Lampton Generally, it appears that there has been a significant reversal or decline in the areas of professionalism and organizational integrity since Warren Learh departed as manager in 1998. That decline has impacted the effectiveness of procedures and operating systems used by the course, resulting in both administrative and operational failures. The next step is for KC Golf Management to prepare a "business plan" for the golf course. That effort is underway and I should be in a position to report either the plan or progress on the plan during the November work session. Golf Course Management October 18, 2004 Page 2 It should be noted that during the first quarter of FY 05, the golf course posted a quarterly profit. Preliminary reports show a $50,000 profit for the first quarter of FY 05, the first since FY 98-99. Certainly that amount is not sufficient to take us through the winter months but, nevertheless, it is a huge improvement over one year ago and gives us better "field position" for making improvements. TTACH END'S I 0 90 Day Report, prepared by IBC Golf Management BAILEY LU Submitted by KC GOLF MANAGEMENT Executive Summary KC Golfs management services at Bailey Ranch Golf Club began in July, since that time the agenda has been to assess all departments, gain a better understanding of the facility and to also begin introducing KC Golf s service standards. This report is intended to share our observations, assessments and actions for the first 90 days of involvement. Additionally, this report will serve as an internal bench mark to measure progress in improving Bailey Ranch. In general our initial findings did not surprise us, however, we did discover that the severity of the weaknesses of the facility were greater than anticipated, In all areas and departments, the most common lacking items were: We did find the majority of the staff at Bailey Ranch to be friendly and they appear to enjoy working there. However, they are lacking in direction and need clear goals and expectations set for them as well as improved service training. Although much of what we have learned is concerning, they are things we have many years of experience addressing and correcting. On the following pages we have outlined our department assessments and actions that have occurred to 49te. rrxririnr RM Golf "ho - To assist in our merchandise evaluation a KC Golf merchandise specialist was brought in from one of our courses in California to work with Corey to review, train and implement an open to buy merchandise plan. Actions to ate® Equipment needs and concerns: The age of most of the equipment is approximately 12 years old. This must be addressed to be able to compete for rounds of golf and the ability to continue to host tournaments at Bailey Ranch. 11 e would also like to see what opportunities exist to address the po road conditions on 97 street east avenue leading to the Club. This street is a negative impression on the golf course and needs to be repaved. I Actions to Date See Additional Report by Tim Lampton of KC Golf Re: Evaluation and site visit August 17-19 Additionally, the exteri ®r ®f the clubhouse in this area is routinely neglected with visible trash and has poor landscaping. TT;t;7 Fee Structures - In reviewing the various fee structures at Bailey Ranch we have concluded they are worthy of further evaluation including whether cart fees should be bundled with golf fees. By bundling these items it creates a more expensive perception of the rates and could result in less customers. Phones -`The lack of voice mail and direct number access to managers and sales personnel are not ideal and create greater challenges for customers to do business with Bailey Ranch. This issue will be addressed in more detail in the 2005 business plan. Bailey Ranch does have the benefit of a dedicated marketing and sal person but the current position duties are more similar of that of a coordinator. As part of the marketing review we will address this Oositions duties as well as conduct a full competitive market analysis' To be successful with marketing we must develop a detailed plan with specific strategies and action plans for the staff to carry out. Th; marketing plan will address this plus; pricing, membership programs, and the role of the marketing and sales person and all staff members. 1, 111 1'l 4 2�� Additionally, the current budget reflects annual projections versus monthly and expenses are recorded when they are paid versus by calendar month in which they occur, therefore making it difficult to manage. Immediate improvements and changes must be resolved with the City accounting system, without these items in which to manage and measure performance, net income gains will be severely jeopardized. This is a high priority item and has been forward to Sherry Bishop, Implemented Operations Monthly Budget in Development In summary, we have identified many items targeted for Z:� improvement that will result in increased profits. KC Golf is well trained and experienced in golf management and marketing and prepared to deliver the necessary changes for improvement. Due to the experience level of the onsite mana(y0 ement team it will take some time to address all of the items of concern. This management team is very much like an infant and must learn to crawl before they can walk and then run. KC Golf understands the need for immediate financial improvement and has many programs to assist in this effort, however, to achieve long term sustained profitability we must focus on building a solid foundation of core values and services. I W-MIKO-T.MrS MOR KC Golf Management 2415 East 25th Street Tulsa, Oklahoma 74114 (918)-742-2250 Tim Lampton (561)-756-0120 Agronomist August 19, 2004- Trevor Gibson Bailey Ranch Golf Club 10320 East 86th Street North Owasso, Ok. 74055; (918) 2721175 Re: Evaluation and site visit August 17-19 Dear Trevor, Congratulations on your new job at Bailey Ranch. I enjoyed touring the golf course with you during the week and am looking forward to working with you in the future and improving the golf course. I feel like with more attention to detail, the golf course will take on a whole new look. The fairways and tees are in good shape but more emphasis needs to be put into greens management. =0 EW 4 • y1t I i "T1111PIP r I M= . - Greens: The Sr-1 020 greens are in decent shape with the exception of #1 and #-13. The weak areas on these greens need to be plugged or strip sodded out as soon as possible. I would recommend that you water these greens personally and make them your #1 priority. Extra applications of fertilizer will help push these greens along and get them back in shape. The Height of cut needs to be lowered to .140%o after September 15. The light top dressing needs to be applied every week with #1 and #13 a little heavier. Greens need to be vefticut on a weekly basis through the fall. These cultural practices will help the overall health and increase green speed. The greens need to be stimp metered and recorded every day until a speed of 8.5-9.5 are achieved. Our goal is to maintain consistent putting surfaces and speeds from 8.5-9.5. And application of fertilizer should be applied after Labor Day. A good wetting agent needs to be applied (preferably Tricure) after September 2 to ensure moisture retention through September. Fungicide application to be applied week of August 30. 1 believe you have Subdue and Daconil in the chemical room. Iron supplements should be mixed with fungicides at rate of 1 oz/1 000 ft. Pre-san preemerge should be applied the last week of September. The collars need to be pre-emerged with the Dimension that is in the Chemical room. This will help the color and overall health of the collars that were sprayed with Prime. Remember, never spray Primo on turf that is .500%o or higher. This will stunt and curl the turf and turn it yellow. MWEREM"TIM Tees The overall health of the tees are in good shape. The thing you need to watch at a public golf course is traffic. Tee markers need to be moved on a daily basis. Should be fertilized with 34-0-0 (that you already have on hand) at a rate of I lb.N/1 000. Pre- emergent should be applied after you get on board and that is something we can discuss next week after the budget is reviewed. Overall weed control on tees and tee surrounds are good. Should be hand top dressed on a weekly basis. Range tee needs to be over seeded at the end of September with Rye grass. You need to do some research on rates and local suppliers. Tees should be mowed at least 3x per week depending on staffing levels. Fairways Probably the best part of the golf course right now. An application fertilizer needs to be applied at a rate of 1/21bn/1000 as soon as possible. You should have enough fertilizer in the chemical room to fertilize all the Bermuda one last time. I counted approximately 80 bags of 34-0-0, 28-3- 10, 28-4-5. Potash should be applied in October. Mowing schedule should be at least 3x per week depending on staffing levels. Bunkers The bunkers need to become a priority. It looks like they have been neglected. for some time. The main thing that needs to be stressed to your guys raking bunkers is consistency. 1 would rather have you hand rake the bunkers 3x per week the right way, rather than rake them everyday with a mechanical rake the wrong way. Sand depth consistency is the most important issue. I realize the bunker design is not ideal with the high flashing banks, but uniformity, consistency, bunker rake placement, fly mowing and edging need to be made a priority. This is an area where you can shine if you give the bunkers attention to detail. Assessment of sand depth should start immediately and possibly new sand can be incorporated into some key bunkers on the course. This is something the management team will discuss this fall. Miscellaneous I realize the need for a new rough unit is long over due, but we only have one more month of the growing season and this winter the team can make a decision. I would like to see an inventory of the equipment for -possible trade value. Clubhouse presentation needs to be addressed immediately. The curb appeal is very important to the image of the club is trying to portray. Curbs need to be edged, hedges need to be lowered and islands and club lawn need to be fertilized. Mowing on Thursday is always a good plan, that way the appearance is always good for the weekend. The stakes for all of the pine trees need to be removed and a plan for laying flagstone on the north side of the clubhouse needs to be in place by this fall. A small rock retaining wall should also be installed by the Grille entrance and that area should be dressed up with some sod and minor landscaping around the steps. All native areas should be brush hogged at a height of 14-18%o on a monthly basis to thin all the weeds. This will make the native more stronger and add more definition to the maintained areas. Ruts along cart paths need to be back filled and sodded if possible. High traffic areas around tees and greens need to be addressed first. Rocks behind #3 tee need to be moved. Flag poles need to be either painted or replaced. I understand the cart guys bring them in every night and that is probably the reason they are be scuffed up. There is a bracket you can purchase in trade magazines rather inexpensively that would alleviate this problem. All sign posts, toe signs, and ball washers need to be painted and look presentable at all times. If something is broken on the course bring it in. Broken trash cans, tee signs, flag poles, and ball washers are a sign the course is being run down, we don't want to portray this image. The weeds in # 10 lake need to be eradicated and the willows along the left side of # 18 and the right side of #3 need to be removed for safety and aesthetic purposes. Drainage areas need to be addressed by the clubhouse, #6 and #15. 'These projects can be done this fall with a minimal expense to the club I believe there is one full-time person to hire for the fall and that will be your decision. However, I would like to see your recommendation before the position is filled. Trevor, I know there is a lot to be done on the golf course in the next couple of months, but if there is a good plan in place, I feel like Bailey can be one of the best golf courses in the state. I feel with your leadership, dedication and knowledge, the crew at Bailey will respond to all of your maintenance programs. I look forward to working with you and I would like to see your mowing, staffing and cultural practice schedules for this fall. Thanks, "Tire Lampton Cc: Ken Campbell