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HomeMy WebLinkAbout2004.12.14_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, TYPE OF MEETING: Special DATE: December 14, 2004 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, December 10, 2004. }/1 ✓� r -9 7 Julian` M. Stevens, Adminis dive Assistant 1. Call to Order Mayor Kimball 2. Discussion relating to Community Development Department items Mr. Wiles Attachment #2 A. Rezoning (1) B. Annexation (1) C. CDBG 04' Administrative Agreement bctwccn City of Owasso and INCOG D. Legislative Consortium Update 3. Discussion relating to the purchase of an ambulance for the Fire Department Mr. Fisher Attachment #3 HAAgendas\Council Work Session\121404.doc Owasso City Council December 14, 2004 Page 2 4. Discussion relating to City Manager Items Mr. Ray Attachment #4 A. Presentation of the GIS system B. Council Elections, Wards 3 & 4 C. Bailey Ranch Golf Club Business Plan D. Commuter Bus Service E. Land Donation from Pete Kourtis F. Economic Development Issues G. Capital Financing Program H. Right of Way Briefing 5. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager and the office of the City Attorney, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Kimball 6. Adjournment HAAgendasTouncil Work Session\I21404.doc TO:PLANNING COMMISSION CITY OF E COMMUNITY DEVELOPMENT ! D1RECTOR ,J_Z_04 FOR r i_ IG OF 1.353 ACRES LOCATED SMITHAT THE ., MARKETPLACE k December 8, 2004 In order to further facilitate the development of their property for retail use, the developer has acquired 1.3 acres of land immediately along the northern border of the development and requested that it be rezoned from. AG Agricultural to CS Commercial Shopping Center. The property is located southeast of the intersection of East 96�' Street North and North Garnett Road. A general area map is attached for review. The property is being used to provide stormwater detention for the Smith Farms Marketplace development. The property is currently undeveloped and is zoned for AG Agricultural use. Property to the north is undeveloped and zoned AG. band to the east is zoned CS and is a developing shopping center known as Smith Farris Marketplace. Land south of the site is vacant and zoned for CG General Commercial use. Property to the west, along North Garnett Load, is zoned commercial with a variety of uses including retail, office, church, and some of the land is still undeveloped. The subject site is 1,353 acres in size. The property will be served by municipal water., wastewater, police, fire, and EMS service. The legal description of the property is included as an attachment to this report, The CS district is designed to accommodate a variety of convenience, neighborhood,and • ----------- Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive flan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The development associated with this property has already progressed through the platting and site planning process. The acreage is being used for stormwater detention for the Smith Farms Marketplace. 1 M f-Mu . ....... - - ----- -- - --------- - -- -- - The Owasso 2015 Land Use Master Plan designates the property for commercial use. The request zoning designation, CS Commercial Shopping Center, is allowed within the master plan's desis. H� �= If the application is approved, the subject property would be zoned CS Commercial Shopping Center. The property will provide additional space for stormwater detention for the Smith Farms Marketplace. The staff has received neither phone calls nor correspondence regarding the request. The staff recommends approval of OZ-04-15. ATTACHANTS: 1. Case map 2. Property survey 3. Legal description of subject property Owasso Community Development Department 1 1 I N . Main Ste Owasso, OIL 74055 918.376.1500 919.376.1597 www.cityofowasso.com Hunt Pro)�erties R-14--E EAST 96.m STREET NORTH s 5 1 02'2' Z i 2 5 44'6529" E 112.59' ADDITIONAL N as 0z'�6 E �ye25 eyo9j^ �l�J' PROPERTY TO BE 2j7 ss i.r, S 6Qa £ F P ZONED CS = 1.353 acres z < o"...z •.N LOCATION iMAP s 45"01 32" E a �6 � s 36"91'36" W 45"0448' 17 .ON 92.28' 7 4 936" E 5 8243 6f2 L 24 9Y N 89"55'Z4 W P.O.3 268.66' BEGINNING AT A POINT THAT IS THE SOUTHWEST CORNER OF THE NW/4 OF SECTION 20. T21N R14E: THENCE NORTH 00'04'36" EAST ALONG THE WESTERLY LINE OF SAID SECTION 20 FOR 1027.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'04'36" EAST ALONG THE WESTERLY LINE OF SAID SECTION 20 FOR 24.97 FEET; THENCE SOUTH 89'55'52" EAST FOR 243.66 FEET: THENCE NORTH 00*04*36" EAST FOR 136.26 FEET; THENCE o' NORTH 45'04'36` EAST FOR 411.89 FEET; THENCE SOUTH 45'04'32" EAST FOR 100.53 FEET; THENCE NORTH 45'04'38" EAST FOR 657.95 FEET: THENCE NORTH 85'02'56" EAST FOR ,0 211.66 FEET; THENCE NORTH 52'32'24" EAST FOR 329.72 FEET; THENCE SOUTH 44'55'58" EAST FOR 51.02 FEET: THENCE SOUTH o; 6926'25" WEST FOR 515.21 FEET: THENCE SOUTH 71*14*20' - WEST FOR 972.32 FEET; THENCE SOUTH 45'04'36" WEST FOR 485.74 FEET; THENCE SOUTH 36*41*36" WEST FOR 30.15 FEET; THENCE NORTH 45'04'48" WEST FOR 92.28 FEET; THENCE SOUTH 45'04'36" WEST FOR 386.63 FEET; THENCE SOUTH 0'04'36" WEST FOR 143.84 FEET; THENCE NORTH 89'55'24 WEST FOR - m 268.66 FEET TO THE POINT OF BEGINNING. ,rt o5 SAID PROPERTY CONTAINING 1.353 ACRES, MORE OR LESS. 14 /9 OF THE Nt4/9 OF ia SECTION 20 Marketth Farm -,lace r � 3 89"57'66" W - 662.96'o �b o� LJ V d cL }— Ld o m O = YX Lu j O O d a Z L 3: z O O u l ID PROPERTY CONTAINING 1.353 ACRES, MORE OR LESS. TO: PLANNING COMMISSION CITY OF OWASSO UROM: ERIC WYLES COMMUNITY DEVELOPMENT DIRECTOR RATE: December 8,42M The City of Owasso has received a request from the Coventry Gardens Homeowners Association for the annexation of their subdivision containing 12.84 acres. The applicants are also requesting to be annexed into the City with their existing zoning designation of RS®3 (Residential Single -Family) since the subdivision has already developed to RS®3 standards. The subdivision was platted in 1999 in Tulsa County, although the development of the public infrastructure was monitored and approved by the City of Owasso because the subdivision is served by municipal water and wastewater services. The subdivision is located at the northwest corner of North 102'd East Avenue and East 96th Street North. A general area map has been attached for your review. North: Honey Creek addition (Single-family residential) South: Fairways addition (Single-family residential) East: Larkin Bailey elementary school West: Undeveloped RS (Residential single-family) — Tulsa County North: RS-3 (Residential Single-family District) South: RS-3 (Residential Single-family District) East: RS (Residential single-family) — Tulsa County West: OL/OPUD 01-02 (Light Office District) 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 and fire protection, refuse collection, and water/wastewater services. After annexation, the remaining steps in the development process include rezoning and platting. Coventry Gardens has already been rezoned (with the Tulsa County designation of RS-3) and platted, and the lots have been developed with houses. 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, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The primary consideration is the property's compliance with the Owasso Annexation policy. The policy establishes a set of guidelines that define which properties are considered for annexation. 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 should not be constructed as inflexible requirements for annexation. I. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City Limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non -conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owner's expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistency and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period alter rejection by the City Council. Staff received a petition from the homeowners association of Coventry Gardens requesting the City to annex their subdivision containing approximately 44 lots in 2 blocks on 12.84 acres of property. The subdivision was platted in 1999 and developed in Tulsa County. The subdivision is served sewer and water by the -City of Owasso thus infrastructure was inspected and approved by the Owasso public Works department. Storm water drainage and detention infrastructure has also been inspected and approved by public works. Streets appear to be in good condition and built the City standards. The property is bordered by City limits to the north, south and west. The Larkin Bailey elementary school to the east is in the County. The subdivision is an unincorporated area representing a small hole in an otherwise contiguous district of the City of Owasso. The gap in City limits provided by this subdivision is often a source of confusion regarding public services to both citizens and public service providers. If this neighborhood is annexed into the City limits it will reduce that confusion and reduce the perceived and real service gaps created by unincorporated areas inside the contiguous limits. Coventry Gardens is an existing single family residential subdivision that is compatible with the Owasso 2015 Land Use Master Plan as it calls for residential development in that general area. Regarding the Owasso Annexation Policy, the request is not larger than the recommended 20 acres minimum. However, it is contiguous to existing City limits and all public infrastructure on the property has been inspected by public works and appear to be to City standards. It should be noted that the first request for the annexation of this subdivision was submitted to the City in 2003, but inspections performed by the Public Works Department revealed that the stormwater management system did not meet municipal standards. The homeowners association and the developer corrected these stormwater deficiencies, and, upon subsequent inspections, the Public Works Department has informed the staff that the development now meets municipal standards. The applicants are requesting that the subdivision be brought into the City with its existing zoning designation of RS®3 (Residential Single-family District). This seems to be a logical request as the subdivision is already built to standards consistent with the requested designation and the requested designation is compatible with the Comprehensive Plan and surrounding development patterns. With the exception of a few remaining single family home lots in the subdivision there is no expectation of future development associated with this property, The City of Owasso is prepared to service the subdivision with all municipal services — fire, police, water, wastewater, and refuse collection. Coventry Gardens already receives Owasso fire, water, and wastewater services. The neighborhood's refuse collection is currently provided by Marquez Trash Service, Inc. The City of Owasso does have the option, after annexation, to either offer refuse collection to individual residences in competition with Marquez Trash Service or to compensate Marquez Trash Service in return for beinc, able to provide refuse collection for the entire subdivision. The provision of refuse collection services does not legally impact the City's ability to annex Coventry Gardens; that is a matter that will be resolved separately. The 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 the staff has received one phone call concerning the request. That phone call came from Mr. Tom Marquez, the owner of Marquez Trash Service, Inc. Mr. Marquez informed the staff that he provides service to the area currently, and that, should the City of Owasso opt to provide refuse collection to the entire subdivision, then the City of Owasso would have to provide his company with just compensation. OWN, The Owasso Annexation Review Committee considered the request at its meeting on November 22' d , and unanimously recommended approval of the annexation. The staff recommends approval of annexation OA 04-09, 1. General Area Maps 2. City of Owasso Annexation Policy. Subject Property Owasso Community OA 04-09 Development Department I I I N. Main St. Coventry Gardens Owasso, OK 74055 918.376.1500 NW comer of 96th St. N. / N. 102nd Ave. 918.376.1597 www.cityofowasso.com u�—�- URUTY EASEMENT AND/OR BUILDING SETBACK PERIMETER LINE OF AFFECTED 'LOTS PLAT 1m— aAh«� 7__ Q Z SITE tt 4 LOCATION Q c.a 7, 2DNITY MAP ,c.vc r . T000' LEGAL DESCRIPTION - COVENTRY GARDENS &LING A PART OF 711E SW/4 OF SECTION IS. f-21-N, R-14-E. ILLSA COON tY, SEND WGNE PAROWLARLY DESC&8ED AS FOLLOWS. CO—ENCINC AT DIE SOUTHEAST CCRNER OF SAID S" 111ENCE S885"33'W A D1S7ANCE OF 1150 FT. TO INE PDINt OF BEGNNING: IFIENCE NO1'0i27-w A DISTANCE OF 20129 FT.; TNENLE ALON A Cuft E 10 1NE RIGHT NANNG A RADIUS OF 340.31 FT. ANp A LENCl. OF 246.59 FT.; TNENCE 10'25-WE A INSTANCE GF II).80 R., In ,E NA9'34'S1 W A DSTANCE OF 425.39 IT. iNENCE 5tl8'5+'.IS 'W A DISTANCE OF 51G.00 FI, TNENCE 3010527'E A DISTANCE OF 330.11, FI TNENCE SB6'Sa'33'W A DS TANCE OF 20 DO FT., TNENCE 5010� 27'E A DISTANCE DF A70.00 FT.; TNENCE N86}a'33'E A GSIANCE GF 685.00 FT. TO T.E POINT OF BEGUNING -0 GONT,W,AG 12.8+ ACRE. WORE OR LE55. DEVELOPER MIW DEVELOPMENT, L.L.C. P.O. BOX 1557 OWASSO, OKLAHOMA 74055 918-272-9064 SURVEYOR K. S. COLLINS, R.L.S. COLLINS LAND SURVEYING, INC. 494 EAST 141st ST. GLENPOOL, OKL.AHOMA 74033 918-322-9355 off7« NOF sons.id renroxiannw1 HNAL PLAT „,COVENTRY GARDENS - AMENDED TULSA COUNTY, OKLAHOMA ISSUED UELEAIBER 29. 1999 PJL,AT�q NO'7 `} 9. J PALL SHEET 7 OF 3 The kd|uvvng annexation policy for the City of Owasso is provided as a guideline and should not be construed asinflexible requirements for annexation. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits asthe lowest zoning du*sificoUon, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non- coDfooning, which means that they may continue butc-annotbe expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought tothe City standard and accepted bythe City Council. Such public facilities must bo improved at ovvnany expense by the establishment of special assessment district or some other financing method. 5� Where aCity limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will notob\iok consistence and a||ovv City employees and citizens toknow where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation fora six month period after rejection Uythe City Council. TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ADMINISTRATIVE AGREEMENT BETWEEN INCOG AND THE CITY OF OWASSO FOR CDBG 04 On November 2, 2004, the Owasso City Council accepted a Community Development Block Grant (CDBG) from the Oklahoma Department of Commerce in the amount of $66,450. The grant funds will be used to build a handicapped -accessible restroom facility at the Owasso Skate Park, and also to construct sidewalks down Main Street to the Skate Park. The grant does require a cash match of $66,450, and that amount has been budgeted with this fiscal year's budget to account for the requirement. Now that the grant has been accepted, an administrative agreement needs to be executed to provide for the administration of the project. Historically, INCOG has administered Owasso's CDBG grants and provided technical assistance as a liaison between the City and the Department of Commerce. The administrative agreement pledges $4,000 to INCOG for its services, such funds to come from the City's required cash match. RECOMMENDATION - The staff recommends that the City Council approve the administrative agreement between the City of Owasso and INCOG, and authorize the Mayor to execute the agreement. - ---------- 1. Area map showing location of grant project 2. Agreement for Administrative Services IOTES _ _rm 4_3 FOR vmvqx PUNS SEE SHEETS 9-10 FOR DEKALKAA) RAMF LXlALZ- LZJ z z LLJ W F > ALT ®a .... ..M. IN S.....T..REET .... .... ammo :3 LLG - PROPOSM 2CO4 SWOLK (D E$TmA'M) 11 WXXTAA 0 'C'ONTRACT TITLE: ADMINISTRATIVE SERVICES FOR 11451 CDBG 04 -NEIGBBORHOOD IMPROVEMENTS CITY: OWASSO AMOUNT: $4,000.04 TERM OF CONTRACT: This agreement shall become effective on the execution date by the City of Owasso on this contract and shall remain in effect through the "Funding Period", including extensions, of the FY 2004 Community Development Block Grant 11451 CDBG 04 between the Oklahoma Department of Commerce, State of Oklahoma and the City of Owasso. To Submit Requisitions or Notice: Andy Armstrong INCOG 201 W. 5t" Street, Suite 600 Tulsa, OK 74103 (918) 584-7526 Fax: (918) 583-1024 aarmstrong@incQg.org MA111=11 10, 0 10111 1 3 0 1 Chair of the Board Attest: 0 - �—= I imm Mayor Susan Kimball City of Owasso P.O. Box 180 Owasso, OK 74055-0180 (918) 376-1500 (918) 272-4999 Attest: City Clerk CONTRACT COMPONENTS: Part I — Summary and Signatures Part 2 — General Terms and Conditions Attachment A ® Scope of Services The CITY agrees to pay INCOG as compensation for the services rendered in Attachment A the total sum not to exceed Four Thousand Dollars ®-o®®®®m®m®® ($4,000.00). INCOG will be reimbursed on a monthly basis and will charge the CITY on an hourly basis for all services rendered. Such compensation shall be paid on the basis of the direct and indirect actual auditable costs incurred in performance of the Scope of Services as set forth in this AGREEMENT. INCOG personnel shall receive compensation at a rate established for each class of personnel as set forth in the approved INCOG Budget and Salary Schedule for the fiscal year 2004. Such compensation shall be subject to adjustment in the total contract amount where monitoring reviews or audits indicate that personnel services were compensated at greater than reasonable rate; or where salary increases for individual personnel are authorized by the INCOG Board of Directors. Subject to appropriation and disbursement of funds by the Oklahoma Department of Commerce, and upon presentation by INCOG cost vouchers and approval thereof by the CITY, the CITY will pay INCOG for the value of work performed for the completion of each month. It is expressly understood and agreed that in no event will the total compensation to be paid hereunder exceed the maximum sum of exceed Four Thousand Dollars-----------($4,000.00) for all services rendered unless written amendments to this AG E NT are entered into by the parties hereto for modification of the Scope of Services as set forth in Part I of this AG E NT. A final voucher for claims arising under this AGREEMENT shall be submitted within thirty (30) days following the termination or expiration of this AG rE NT. None of the work and services covered by this CONTRACT may be subcontracted without written consent of the CITY. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this CONTRACT, This CONTRACT is subject to modification as may be required by federal or state law or regulations. The work and services to be performed and the contract period may be modified only upon written agreement of both parties. N In the event of any disagreement between the CITY and INCOG, relative to the provisions of this CONTRACT, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendation forwarded to the CITY Officers who shall make the final determination. M-1- �1�01 J INCOG shall not assign any interest on this CONTRACT, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto: Provided, however, that claims for money by INCOG from the CITY under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by INCOG. INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from any claim or amount recovered as a result of infringement of patent, trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Law or any other law. In an agreement with any subcontractor or any agent for INCOG, INCOG will specify that such subcontract or agents shall hold harmless the State and CITY. PERSONNEL a. INCOG represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. b. INCOG has full responsibility for payment of any workers' compensation insurance, unemployment insurance, social security, 3 state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by INCOG or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. .i .:: kJHOWi [i [s i imomfl. i If, through any cause, INCOG shall fail to fulfill in a timely and proper manner its obligations under this contract, or if INCOG shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to INCOG of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In such event, INCOG shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by INCOG under this agreement shall become the property of the CITY. Not withstanding the above, INCOG shall not be relieved of any liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by INCOG, and the CITY may withhold any payments to INCOG until such time as the exact amount of damages due the CITY from INCOG is determined. The CITY may terminate this contract at any time by giving at least 30 days notice in writing to INCOG. If the contract is terminated by the CITY as provided herein, INCOG will be paid for the time provided and all allowable expenses incurred up to the termination date. No member of the governing body of the CITY, and no other officer, employee, or agent of the CITY, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and INCOG shall take appropriate steps to assure compliance. 13 8 t INCOG covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its F services hereunder. INCOG further covenants that in the performance of this agreement no person having any such interest shall be employed. INCOG, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, the costs and obligations incurred or to be incurred in connection therewith and any other matters covered by this contract. INCOG shall furnish the CITY narrative reports and financial reports related to the elements of this contract in the form and at such times as may be required by the CITY or federal and state grantor agencies. INCOG shall comply with all applicable laws, ordinances and codes of the state and local governments, and INCOG shall save the CITY harmless with respect to any damages arising from INC®G's performing any of the work embraced by this contract in violation of any applicable laws, ordinances and codes of the state and local governments. No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of INCOG. INCOG shall assist the CITY in retaining all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. INCOG shall, as often as deemed necessary by the CITY, permit authorized representatives of the CITY and its auditors, the U.S. Department of Housing and Urban Development, the Federal or State Department of Labor and the T.J.S. Comptroller General to have full access to and the right to fully examine all such materials. INCOG shall comply with ONM circulars a-110 and a-122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. INCOG shall comply with all applicable anti -kickback regulations covered under Department of Labor Regulations 29 CFR, Dart III. INCOG shall comply with the following equal opportunity requirements as part of CDBG assurances: a. INCOG will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, handicap or familial status. INCOG will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, or handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. INCOG agrees to post in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non- discrimination clause. b. INCOG will, in all solicitation or advertisements for employees placed by or on behalf of INCOG, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. INCOG will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. INCOG will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. INCOG will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY, the Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f In the event of INCOG9s non-compliance with the equal opportunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and INCOG may be declared M ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. INCOG will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. INCOG will take such action with respect to any subcontract or purchase order as the CITY, Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event INCOG becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, INCOG may request the United States to enter into such litigation to protect the interest of the United States. INCOG shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin, age or sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities I The work to be performed under this contract is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development through the Oklahoma Department of Commerce and is subject to the requirements of Section 3 7 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. INC®G will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. WCOG will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Dart 135. INC®G will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR fart 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its 8 successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. M EXAMMUCIVILIM NIVIEWWRE INCOG shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. ILNCOG shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. INCOG shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. I INCOG staff will perform the tasks listed below, keeping the City of Owasso apprised of program progress during all phases of the project. 1. Conduct Public Hearings Prepare and publish public hearing notices, organize presentation, and assist at any public hearings necessary (as in the event of program amendment). 2. Environmental Review Record A. Prepare and publish all public notices. E. Notify appropriate authorities of the project such as State Historic Preservation Officer, State of Oklahoma Archeological Society, State of Oklahoma Department of Environmental Quality, Environmental Protection Agency, etc. C. Prepare an Environmental Assessment of the project. D. Recommend a determination of finding(s) and level of impact to the City Council of the City of Owasso. E. Prepare and submit Request for Release of Funds and appropriate supporting documentation. A. Coordinate and prepare Requests for Payments to order funds for payment .> B. Coordinate and prepare all quarterly narrative reports for submittal to ODOC as required. Assist the CITY staff in the preparation of monthly expenditure reports for submittal to ODOC as required. C. Coordinate and prepare the initial Performance and Expenditure Projection form for submittal to OODC as required and any revisions or modifications, as necessary, during the length of the project. A. Assist in the monitoring of funds on hand with ODOC. 10 B. Assist in the development and supervision of accounting procedures and maintenance of supporting source documentation including appropriate journals and ledgers. C. Maintain additional financial records and property inventories, as required. D. Assist the CITY staff to ensure compliance with generally accepted accounting principles in bookkeeping. S. Project File A. Establish project files which contain all source documentation and assist the CITY staff in file maintenance. B. Assist the CITY staff in maintaining compliance with all applicable federal, state, and local regulations in the project files. 6. Citizen Participation/Equal Ov-portunity/Fdit Dousing A. Develop and coordinate a continuing citizen participation/equal opportunity planning process. B Maintain record of public hearings and other opportunities for citizens to participate in program performance and completion. C. Assist the CITY, if necessary, in responding to and resolving equal opportunity complaints. D. Assist the CITY in implementing a Fair Housing Program. 7. Residential Antidisolacement and Relocation Assistance Plan A. A Residential Antidisplacement and Relocation Assistance Plan will be prepared in compliance with the Uniform Relocation Act and submitted to ODOC for approval, N-dghborhood Improvements nmen( — A. Bidding/Construction Phase 1. Assist the CITY staff in reviewing plans, specifications and contract documents to meet ODOC requirements. 2. Secure wage rates fi-om ODOC and include in bid packa 3. Assist the CITY in reviewing executed construction contracts for completeness. 11 4. Obtain contractor and subcontractor clearance from ODOC. 5. Assist the CITY and project engineer in conducting a preconstruction conference. 6. Monitor contractor compliance with applicable regulations, such as Davis -Bacon wage rates and equal opportunity. 7. Secure construction contractor's weekly payroll reports and ensure compliance with wage rates. 8. Conduct on -site interviews and verify results with payroll reports. 9. Assist the CITY and project engineer with partial and final payment requests from construction contractor. 10. Assist the CITY in ODOC monitoring visit related to project activities and provide assistance in resolving monitoring issues, if any, A. Assist the CITY in preparation and submittal of project close-out documents to ODOC, including Project Completion Report, Final Expenditure Report, Final Wage Compliance Report and Certificates of Completion. B. Assist the CITY in the resolution of audit questions, if any. 12 ISSUE 11 A eal of Grievance Arbitration Decision Provide procedure for appealin a grievance IN TA arbitration decision to court. g Seek state fund' ualily Modeling Fundin ing for the development of an air quality model for le-Tu Qlsa INYTTATE area. Allow Counties to Create Alternatives to Incarceration Program� Clarify statutes allowing Counties to create and support alternatives to incarceration programs and to authorize Court Clerks 13�ffTIATE to set and collect the fees for such programs. Repe lofSBI529 The Collective Bargaining Act for non-uniforin employees. SUPPOR�Tl Assure Increase in Motor Fuels Tax is fairly distributed to urban areas. SUPPORT Fate Substandard Housing Amend tax laws to provide for incentives for companies to make 12_'_inmatiinMs SUPPORT to groups that upgrade sub -standard housing. Rural Water Support passage of omnibus OML/Rural Water Bill provisions in whole or in part to create equity in water and other services for all citizens in Oklahoma. The bill should include a statewide water plan, and resolve water allocation issues between municipalities and Rural Water SUPPORT Districts, ensure RWD meet municipal fire suppression standards for certain sized municipalities, require notice to municipalities and counties when RVVD expand into their territory and provide fair and equitable buyout by municipalities. SHpp rt Amendment of Oklahoma Water -Resources (QVVRB) Require that its "municipal SUPPORT representative" be a city manager or mayor. Codify Oklahoma Supreme Court Decision (Rural Water and Sewer Dist No. 4 vs. Coppage, 2002 OK 44, 47 P. 3d 872) holding that under the Oklahoma Constitution, entities of the state do not have authority to obtain federal loans or grants if the federal program confers exclusive rights, SUPPORT privileges or franchises. REAP Eauitv Support an amendment to the REAP statute to give INCOG a full share, enabling SUPPORT them to further leverage their funds with available CDBG matching funds. ct F ArchitectuZital Seal Support an increase in the estimated project cost cap fi-oin $40,000 to $100,000 SUPPORT ore ectu architectural services are required. 911 Wireless Emergency Number Act Amend law to eliminate the statewide uniform agreement and require wireless carriers to provide enhanced 911 service with no additional cost to SUPPORT 2pose Limitation Af Maria ement Rights Oppose any attempts to limit or define, and therefore MONTTORI exclude from definition, management rights. OPPOSE Definition of Funds Avaflable Oppose attempts to change the definition of "funds available" for .=finition o funds availabl for MOJrWT0R/ the purpose of arbitration. OPPOSE Oppose any attempt by Rural Water Districts to create a statewide formula for municipalities OPPOSE regarding pricing for sale of water. I[Sales Tax Exemptions — Oppose all sales tax exemptions. Police & Fire Collective Bargaining Act Oppose amendments to Police & Fire Coll ctive PP04�lr 0 SE Barg ming Act. lD|8/04 O D-T CITY RR FROM: O FISHER FIVE —V_'J DATE: December 6, 2004 In July 2004, the Fire Department formed an Ambulance Project Team. The Ambulance Project Team was to create a specification for the purchase of a new ambulance. Analysis and research was done on the current ambulances in use by the Owasso Fire Department. The project Team determined that a Freightliner cab and chassis will meet the specifications and needs of the City. FREIGIITLINER CAB AND CHASSIS: This chassis is unique in nature and is one of only two medium duty chassis' available for emergency vehicle use. Some of the unique qualities of a Freightliner Chassis go beyond the physical vehicle. Below is a list of criteria the Project Team feels is critical to ensure that this vehicle will continue to offer reliable emergency service to the community of Owasso for the next five to seven years. ® A Freightliner local service center is available for emergency service and warranty work 24 hours a day, 365 days a year. The Tulsa service center is staffed with certified emergency vehicle service mechanics, and is the only service shop in this area to offer this type of service on a continual basis. ® The Tulsa Freightliner is an authorized repair shop for many ambulance conversion manufacturers. This makes the process of conversion repairs quicker and can be accomplished locally. Without the Freightliner service, these repairs will have to be accomplished at the manufacturer's facility out of state. 12/06/04 2005 Ambulance Project (continued) ® The City of Owasso has expended funds to ensure the Fire Department mechanic has the knowledge and skills to complete minor repairs on the Freightliner chassis. The mechanic has the certifications necessary to coordinate major repairs with the local service center. These items ensure the Freightliner vehicle will be in service when needed. ® The new ambulance chassis should be compatible with our current fleet of vehicles. Currently, in the inventory, are two Freightliner cab and chassis ambulances. The ladder truck and pumper utilize Freightliner chassis parts and are serviced at the local service center. By keeping continuity within our fleet of vehicles, the availability of parts, which are kept in stock at the service center, will be readily accessible. ® The Freightliner is the only chassis to offer a Mercedes Engine and Allison emergency service vehicle transmission combination. The fire department has experienced good reliability in the past with both these products. ® Tulsa Frcightliner Sales is the only authorized dealer of Freightliner Chassis' in Eastern Oklahoma SOLE SOURCE BID: Purchasing the cab and chassis at a local vendor will save the City approximately $4,000.00. The Freightliner cab and chassis is the vehicle specified in the bid packet for the ambulance body to be mounted on. ATC/Tulsa Freightliner is the only Freightlincr dealer in Oklahoma. They are the sales and service that Owasso has used for warranty work on both ambulances currently in service, the new engine and the ladder truck. City Attorney Ron Cates has received and reviewed a request from the Fire Department staff to declare a sole source purchase with ATC/Tulsa Freightliner. Ron Cates agreed that ATC/Freightliner is the sole source bidder in Oklahoma. The Freightliner cab and chassis will be an M2 106MD with a 280 hp Diesel motor, Allison 3000 Emergency Vehicle transmission, air brake system and air ride. The cab and chassis, if approved, will be purchased and drop shipped to the manufacturer selected to build the ambulance body. The price quote for ATC/Tulsa Freightliner for the cab and chassis is $60,274.00 AMBULANCE BODY - Three bids were received and reviewed by the Ambulance Project Team on November 23, 2004. The bids were from Professional/Horton, Wheeled Couch and Exccllance Ambulance manufacturers. The Professional/Horton and Wheeled Coach bids did not meet the minimum specifications set forth by the Project Team. Variances in the quality of manufacturing materials, processes, warranty periods, and insurance were noted. The closest ambulance module service center for both manufacturers is approximately 100 miles or 2 hours, one way from the City of Owasso. This will present a future hardship and financial burden upon the City. The third bid package was submitted by Excellance Ambulance manufacturer. The bid package met all of the minimum requirements and 2 12/06/04 2005 Ambulance Project (continued) exceeded the warranty periods set forth. The nearest service center for the chassis and module is located in the City of Tulsa. The bid price from Excellance Ambulance is $152,075.44. Both ambulances that the City currently uses are manufactured by Excellance Ambulance. Excellance builds a quality product that now has a 25-year structural warranty and a 10-year electrical warranty. The Fire Department has not had any problems with our 2000 model and the 2002 model Excellance Ambulances currently in use. These units that are currently in use have a 20-year warranty on the ambulance body. EXPECTED LIFETIME: Excellance Ambulance bodies now comes with a 25-year structural warranty. The Frcightliner cab and chassis are built heavy duty and last longer than the one -ton ambulances used in the past. The current rotation schedule used is from the one -ton ambulances and was a new ambulance or remount every two and one-half years with two ambulances. The Fire Department expects to get close to 200,000 miles on each cab and chassis before remount. With a 25-year warranty, each ambulance body should get three to four remounts before needing to be replaced. This means that the City should only have to purchase cabs and chassis' to remount the ambulance bodies for the next 15-years before the warranties are out on the 2000 model. FUNDING - The new ambulance purchase was funded in the 2004-05 budget. The Ambulance Capital Outlay contains funds in the amount of $212,357.64. The cab and chassis price quote from Tulsa Frcightliner is $60,274.00 and the price of the Excellance Ambulance is $152,075.44. When totaled, the entire price for the purchase of a medium duty ambulance is $212,349.44. This will leave a balance in the Ambulance Capital Outlay Fund of $8.20. R-ECOMMENDATION: The staff recommends approval for the purchase of a 2005 Freightliner cab and chassis from ATC/Freightliner of Tulsa, an ambulance body mounted on the cab and chassis from Exccllance Ambulance Manufacturer and authorization of payment upon acceptance of the cab and chassis and ambulance. AT'TACHMEN TS 1. Bid quote ATC/Freightliner 2. Bid quote Excellancc Ambulance 3. Email from Ron Cates regarding Sole Source Determination 3 Prepared for: Mark Stuckey Crty of Owasso Ambulance Service 12134 Owasso Blvd Owasso, OK 74237 Phone: 2725253 Prtpucd by: Roy WeIIQ TULSA FREIGHTLINER - STERLING - WESTERN STAR 5104 VV_ WTH STREET TULSA, OK 747o7 SET BACK AXLE -TRUCK I ROOM TAPERLEAr FRONT SUSPENSION MBE900-280 72L750 HP92200 RPM, 2-$W GOV: 600 106"BBC FLAT ROOK ALUMINUM CONVENTIONAL CAB LB/PT @ 1300 RPM WALK-THROUGH OPENING IN BACK OF CAB WITHOUT ALLISON 3" EVS AUTOMATIC TRANSMISSION WITH BOOT PTO PROVISION 424MM (166-) WHEELBASE MERITOR RS-17-144 R.SERIES QUIET RIDE SINGLE 11/32"X 3-1r2'X 10-3/1 F'STEEL FRAME (8-73MM X REAR AXLE Q 17,50W 258-8MW.WX 10.19-)120KSI AIRLINER 15,000W REAR SUSPENSION I 600MM (63-) REAR FRAME OVERHANG AF-10.0-3 10,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE PER UNIT TOTAL VEHICLE PRICE TOTAL 9 OF UNITS (1) $ 59,489 59,459 EXTENDED WARRANTY g 900 $ 90d DEALER INSTALLED OPTION5, ­ _645TQivlER 0 0 PRICE 13-E-F-0-R-E, TAX 60,3 - 89 - TAXbS AND Mts FEDERAL EXCISE TAX (FE-1) $ $ 15v) TAXES AND FEES 3 0 $ 0 OTHER CHARGES S 0 '$ a Tl1A1*4N TRADE4N ALLOWANCE (0) (0) (LOCAL CURRENCY) S 60.274 S 60,274 COMMENTS: Projected delivery on _ /_ f _ providiad the order is received before APPROVAL: Please indicate your acceptance of this quvtation by signing below- Gustorr er. App4oution Vemivn 3.3.360 DatR VorsloTl PRL-71N 004 Owas&o Ambufanc@ 12/01/2004 7:20 AM Page 1 of 2 BID PROPOSAL - SUBMITTAL PAGE ONE (1) NEW TYPE I MEDIUM DUTY MODULAR AMBULANCE CONVERSION BODY ..� . TOTAL BED: S / � I hereby acknowledge that I have read the requirements and specifications and that I am legally bound by the statements in those specifications and on this Bid Proposal - Submittal Page. Name of Manufacturer: L)(C QA \ c- A C. N C _ Name of Vendor/Bidder: _T— Printed Name of Person Authorized to Sign: Signature: Title: Vendor/Bidder's Address: ®� C�, �,sS0A1. N L_ ,S 2• Vendor/Bidder's Phone Number: C) (--> - ) 6 ) - (-)-] q � BID OPENING: NOVEA113ER 18, 20 @ 2:00 P.M. COMPLETE AND ATTACH THE NON -COLLUSION BID AFFIDAVIT TO BIDo NON -COLLUSION BID AFFIDAVIT STATE OF ss COUNTY OF of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. Printed Name Signature' Subscribed and sworn before me this /G day of 200 i✓ J _JL J Notary Public —~ My Commission Expires: '96/0?),l00a NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL Page 1 of 1 From: Cates, Ron Sent: Wednesday, December 08, 2004 10:21 AM To: Rooney, Timothy Cc: Fisher, Lonny Subject: Freightliner Cab and Chassis Chief Fisher has requested that I communicate with you relative to the proposed "sole source" determination and purchase of the Freightliner Cab and Chassis from Tulsa Freightliner. In that regard I have over the course of the last several weeks had numerous discussions with Deputy Chief Stuckey as well as have requested and reviewed documentation bearing on this issue. Based upon such activities I am of the opinion that the purchase of the requested equipment from Tulsa Freightliner would lawfully constitute a sole source purchase otherwise excepting the transaction from the normal competitive bidding process. Should you have any questions in this regard please do not hesitate to call upon me. Thank you, RonaCdD. Cates C�eneraCCounseC/ City .attorney ii,-iiji-v. Cit-qoCO,i,vasso. c_ om rca.l_,_esC(Pci.ti o -owassoocam, (918) 376-1511✓ (918) 376-1599 (Fax) 12/8/2004 TO: THE HONORABLE MAYOR AND COUNCIL CITE' OF OWASSO FROM: .. IIT SUPPORT SERVICES 1 '` • JI - �W DATE: December 9, 2004 BACKGROUND - Staff has conducted several meeting with Eric Jones and Ben Martin of Strategic Consulting International, the finn selected to develop a Geographic Inforination System for the City of Owasso. Mr. Jones and Mr. Martin will be attending Tuesday evening's Work Session in order to review the progress on this system and provide a demonstration of its capabilities. If you have any questions, please do not hesitate to contact me at 272-3459. CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2004-25 NOTICE OF ELECTIONS AND CERTIFICATION WHEREAS, a Primary Election shall be held on the Is' day of March, 2005 for the purpose of electing Council Members to the City of Owasso, for wards and terms as follows: WARD NO. TERM 3 3 years 4 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 5, 2005 to elect said Council Members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 1. That a non -partisan Primary Election for City Council Members, as set out, be held on March 1, 2005, 2. That the General Election thereafter, if necessary, be held on April 5, 2004. 3. Only qualified electors of the City of Owasso who reside in the respective wards shall be qualified to hold the office of Council Member. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Board that all precincts in Tulsa and Rogers Counties within the city limits of the City of Owasso, Oklahoma are to be opened. The filing period is from February 7, 2005 through February 9, 2005 for the Primary Election. PASSED AND APPROVED this 22"d day of December, 2004 by the City Council of the City of Owasso, Oklahoma. Susan Kimball, Mayor - ATTEST: Sherry Bishop, City Clerk APPROVED ASJO FORM: Ronald D. Cates, City Attorney TO: THE HONORABLEMAYOR AND COUNCIL CITY OF • �. • MANAGERFROM: TIMOTHY ROONEY DATE: December 9, 2004 At the November 9, 2004 Work Session, Mr. Ken Campbell provided a brief overview of the Business Plan for Bailey Ranch Golf Club. Both Mr. Campbell and Mr. Lampton will attend Tuesday evening's work session in order to provide a more detailed and extensive review of that business plan. It is anticipated that additional materials to supplement what was previously given to the City Council at the November 9, 2004 Work Session will also be provided at that time. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR TERESA WILLSON WFORMATION TECHNOLOGY DIRECTO]jj SUBJECT: INFORMATION ABOUT AN OPPORTUNITY FOR COMMUTER BUS SERVICE In April, the staff presented to the City Council a proposal to study the feasibility of partnering with Tulsa Transit Authority to provide commuter bus service to Owasso residents who work at the Cherokee Industrial Park and downtown Tulsa. That proposal was the result of conversations with representatives of Tulsa Transit Authority that had focused on the availability of grant funds for commuter pilot projects. Community Development staff members met with officials from the TTA to discuss transit service options that would provide bus set -vice between Owasso, Cherokee Industrial Park, and downtown Tulsa. Those officials informed the staff that federal funds are available to initiate a pilot program, whereby the City of Owasso could utilize grants to fund bus service twice a day (once in the morning and once in the afternoon) between Owasso, the Cherokee Industrial Park, and downtown Tulsa. The total annual amount of the grant is $55,000. Subsequently, the staff conducted a survey of Owasso customers to gauge local interest in such a program. The survey prompted a significant amount of participation from Owasso residents. As shown on the attached summary, 376 of the 606 respondents indicated an interest in the commuter program at the o suggested cost of $3 for a round-trip fare. The average time that the respondents listed for having to be at work was 8AM and the average time that the respondents fisted for leaving work was 5PM. Eighty respondents that start work at 8AM and leave work at 5PM indicated a willingness to utilize this bus service. The grant program would involve a 20% cash match by the City of Owasso. The program has a life of three years, with a $15,000 match required annually. At the end of the three years, the City would need to decide whether to continue the program, based upon use of the transit service and any change in cost that might occur. After the initial three years, the cost to Owasso in year four would be $20,000 and would increase incrementally in years thereafter with the cost of inflation. The reason that Owasso would not have to contribute the full $80,000 is that grants and other funding mechanisms can come into play after the first three years. Passenger fares also contribute to pay for the service. Further, the City of Tulsa would pay for a portion of the cost, since Tulsa customers would benefit from the service to Cherokee and Owasso as Owasso customers benefit from the service to Cherokee and Tulsa. For the first three years of the pilot program, the estimated revenue/cost figures of the proposed service to Owasso are as follows: Total cost: $80,000 Federal funding: $55,000 Owasso contribution: $15,000 Passenger fares: $10,000 DE I[. OF SERVICE,. One of the stated action strategies of the 2010 Master Plan is to explore the feasibility of transit between the Cherokee Industrial Park and Owasso. Transit service could be another key step in moving Owasso towards becoming a full -service community. As Owasso grows, it continue to attract a demographic group that works in Tulsa, likes the quality of life that Owasso offers, and wishes to help the environment by cutting down personal commuting when possible. Studies indicate that the Tulsa metropolitan area is currently on the verge of reaching a "non - attainment" air quality status, and that such status could be avoided by small increases of participation in transit services. As the public continues to become more informed about issues such as this, the demand for services like commuter transit begins to grow. Offering such service could make Owasso more competitive in our efforts to attract residents. Currently, three other cities in the metropolitan area (Broken Arrow, Jenks, and Sand Springs) have bus service to Tulsa. Jenks currently pays $17,000 a year for 1,098 annual service hours or $15.48 per service hour. Sand Springs now pays $36,000 for 2,610 annual service hours or $13.79 per service hour. Broken Arrow does not pay Tulsa Transit because they have no transit service inside the city limits of Broken Arrow. The pick up location for Broken Arrow is on the city limit line. This express service has been operating since the 1980's. The number of annual service hours for Owasso's proposed commuter line is estimated to be 1,040. At $20,000, that would amount to $19.23 per service hour. If approved, commuter bus service to the industrial park and downtown Tulsa could start in March, 2004. Bus fare would be $1.50 for a one-way trip ($1.25 if a ticket book is purchased). Pick up times would be between 7:00 AM and 7:30 AM and drop off times would be between 5:30 PM and 6:00 PM on weekdays. The service would of the opportunity for a 2-way commute, providing service for Tulsans who need to go to the Cherokee Industrial Park or Owasso, and service for Owasso residents who need to go to Cherokee or Tulsa. The route would begin at the Denver Avenue Station in downtown Tulsa, then to Cherokee Industrial Park, then to Owasso, another stop at Cherokee, then to Downtown Tulsa. The size of the vehicle used for the Owasso park -and -ride service would depend upon demand, but would range from 16-40 passengers. The location of the Owasso pick up would be in downtown Owasso. A potential location is the parking lot at 501 East 2"dAvenue (East 7011 Street North) at the Owasso Public Schools Plant Operations facility, the site formerly occupied by Homeland Foods. A letter has been sent to the Owasso Public Schools Superintendent, Dr. Clark Ogilvie, inquiring about the feasibility of such a location. Another possible location for the Owasso pick up site would be the Owasso Community Center. TRANSIT PROGRAMS: The potential of a commuter bus service to Owasso has caused the staff to investigate the possibilities of a local bus service within the community. The staff is currently examining other local bus service programs in Oklahoma. The staff has identified three existing local services in the city of Enid, the city of Bartlesville, and a set -vice offered to rural parts of northeast Oklahoma by the Grand Gateway Economic Development Authority in Big Cabin. The Enid Public Transit Authority (EPTA) is a demand/response transit system, which receives most of it's funding through grants from ODOT, Federal Transportation Authority, and DHS. The City of Enid supplies matching funds as required by the grants. Their buses run from 6 AM to I I PM, six days per week. They have 21 drivers, and all but two are part-time employees. EPTA has 12 buses. These are I I -passenger and 14-passenger vehicles, all with wheelchair lifts. There were six new buses purchased this year at approximately $40,000 each. Last year, riders who were elderly, disabled or both accounted for 46% of total riders. 'Phis year, the same category accounted for 55% of all riders. For funding, the grants obtained by the EPTA cover 75% of administrative costs and 50% of operating costs. Also, there is a state revolving fund that reimburses Enid at a rate of $.22 per mile. The EPTA also raises revenue through advertisements on the buses and by selling 30-day passes. Advertisements are sold at a rate of $500 per month per bus. Big Cabin has a transit authority by the name of Pelivan. It services Craig, Delaware, Ottawa, Rogers and Mayes counties. Bartlesville recently established a transit authority called City Ride, 1'0 g1WIRM g " I The staff is prepared to initiate the service with the Tulsa Transit Authority. Before the service begins, however, the staff desires to discuss the matter with City Council members and address any concerns that might arise. It is the stafFs belief that commuter bus service for Owasso residents to the Cherokee Industrial Park and to downtown Tulsa would be a further step in making Owasso a full -service community for our citizens. 1: THE HONORABLEi Y COUNCIL CITY OF i . ., Si; FROM: ER COMMUNErY DEVELOPMENT DIRECTOR i ► ;i; )F ;� ;i i , J' December 9, 2004 Mr. Fete Kourtis has approached the staff with a proposal to donate 100 acres of property to the City of Owasso. The property is located on the east side of North Mingo Road, just a little over '/z mile south of East 76 h Street North. The land is currently outside the city limits of Owasso, but does lie adjacent to the city limits and is within our fenceline. A location map showing the property is included with this report. t Much of the land sits well within the Ranch Creep: and Bird Creek floodplain, and there are wetlands on portions of the site. The Owasso 2015 Land Use Master Flan calls for the property to be used for open space. Allowable uses for this planning designation include parks and trails. In 2002, consideration was given by Mr. Kourtis to donate the land to the City of Owasso, and at that time, it was speculated that a mountain bike trail would be an appropriate use of the site. The staff continues to believe that a mountain bike trail facility would be appropriate at this location, given that the site is at one of the entrances to the community, is not feasible for the development of structures, and that a mountain bike trail would offer Owasso residents an additional type of park to use that we currently do not have. Further, a bike path and trail are planned along the western edge of this property in the Tulsa Metro Trails :Plan. A grant for this portion of the trail has been applied for by Tulsa County and is being considered for approval by the Oklahoma Department of Transportation. Should this acreage be donated to the City of Owasso, it would mean that space would be available to provide amenities to this trail, that will ultimately connect Owasso with Mohawk Park. A general deed to transfer the ownership of the property has been prepared, and the land is currently being appraised. A small portion of the property, about ten acres on the south side of Ranch Creek, is being used to excavate top soil. Eventually, this dirt removal operation will likely mean that a large pond could be developed on the site. It is the desire of Mr. Kourtis that the land donation agreement include a provision to allow the dirt removal to continue for a specified period. The staff recommends that the City Council accept the donation of these 100 acres from Mr. Kourtis. "�L.: -- a.s=�—�^ v=V ; "zz:p a v e awe®® — a ", -Y v m -- _, NOAr" s I �5f: /jw7 TO: THE HONORABLE MAYOR AND COUNCIL CITE' OF OWASSO FROM- ROONEY ASSISTANT MANAGE] SESSIONSUBJECT: EXECUTIVE PERSONNEL MATTERS CITY ♦ ♦, December 9, 2004 Iff""I-I=ilm.l'iiijilliff",I!B'-.Bll�,z��ll-l�Wl.,���� H111,11,11 At the November 9, 2004 Work Session, staff was directed to place an Executive Session item on the December 14, 2004 City Council Work Session agenda for the purpose of discussing personnel matters relating to the office of the City Manager. Additionally, staff was also directed to provide information items relating to this request. Those items were enclosed and provided to the Council in the December 7, 2004 agenda packet. If additional copies of that information arc needed, please contact Michele Dempster at 376-1535. The City Manager has also requested that he be allowed to address issues relating to the office of the City Attorney during an executive session. NOTE: Please note that a motion and a second to enter into executive session must be made and approved prior to such session.