Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2003.12.16_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL 1. Call to Order Mayor Cochran Stevens, Administrative Assistant 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the December 2, 2003 Regular Meeting and December 9, 2003 Special Meeting. Attachment #5-A H \Agendas\Councfl\121603.doc Owasso City Council December 16, 2003 Page 2 B. Approval of Claims. Attachment #-5-B Staff recommends Council approval of Ordinance No. 769 and has listed this item in the consent section of the agenda based on Council actions taken December 2, 2003 to approve the zoning change, 7. Consideration and appropriate action relating to a request for Council approval of supplemental appropriations to the FY 2003-04 General Fund Budget in order to construct a sidewalk along E. 96th Street North near Bailey Elementary and to allow for the implementation of a community arts project. Ms. Bishop Attachment #7 Staff will recommend City Council approval of supplemental appropriations to the General Fund, increasing projected donations by $30,000; increasing expenditures in the Managerial Department by $30,000; and increasing expenditures in the Street Department by $25,000. HAAgendasTouncih 121603. doc Owasso City Council December 16, 2003 Page 3 8. Consideration and appropriate action relating to a request for annexation of approximately 0.77 acres, more or less. The subject property is located in the southwest corner of East 116th Street Forth and U.S. Highway 169. Mr. Cuthbertson .Attachment #8 Staff will recommend Council acceptance of the annexation request, 9. Consideration and appropriate action relating to a request for annexation of approximately 0.94 acres, more or less. The subject property is located in the northeast corner of East 103rd Street North and U.S. Highway 169 service road, about t/4 mile south of East of North 106th East Avenue. Mr. Cuthbertson Attachment #9 Staff will recommend Council acceptance of the annexation request. 10. Consideration and appropriate action relating to a request for the rezoning of property from ACS (Agriculture District) to RS ®3 (Residential Single - Family High Density District). The subject property is located in the northwest corner of N. 105th East Avenue and E. 98th Place North, to the north of the Kelley Ann addition. Mr. Cuthbertson Attachment #10 Staff will recommend Council approve the rezoning request. H: WgendasACounci11121603 Aoc Owasso City Council December 16, 2003 Page 4 It. Consideration and appropriate action relating to a request for the rezoning of approximately 25,62 acres, more or less, to a Planned Unit Development (PUD) proposing residential uses. The subject property is located on the west side of forth 145th East Avenue in between East t t 6th Street North and Fast 106th Street North. Mr. Cuthbeitson Attachment #I I Staff will recommend Council approve the rezoning request, 12. Consideration and appropriate action relating to Council acceptance of the (phase I-C) water and sanitary sewer system for the Bradford Park subdivision. Mr. Cross Attachment #12 Staff will recommend Council accept the Bradford Park (Phase I-C) water and sanitary sewer system. 13. Consideration and appropriate action relating to Council acceptance of the sanitary sewer system for Home Depot. Mr. Cross Attachment # 13 Staff will recommend Council accept the Home Depot sanitary sewer system. H:\Agendas \Council\ 121603.doc Owasso City Council December 16, 2003 Page 5 14. Consideration and appropriate action relating to the reacceptance of beneficial interest in the Metropolitan Environmental Trust and endorsement of the City of Collinsville to become a member of the trust and be included as a beneficiary by the M.e.t. Board. Mr. Carr Attachment #- 14 Staff will recommend Council approve the addition of the City of Collinsville in the Metropolitan Environmental Trust by reacceptance of beneficial interest in the Trust, 16. Consideration and appropriate action relating to appointments for the purpose of replacing former City Councilor Mike Helm on the Owasso Economic Development Authority and INCOG Board of Directors. Mayor Cochran The Mayor will request confirmation by the Council of Councilor Steve Cataudella to the OEDA and Councilor Craig Thoendel to the INCOG Board of Directors. H:V%gendas\CokinciI\ I 21603.doe Owasso City Council December 16, 2003 Page 6 17. Report from City Manager. 18. Repori trom City Attorney. 19, Report from City Councilors. 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 21. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1).A Mayor Cochran 22. Consideration and appropriate action relating to an agreement for services between the City of Owasso and Rodney J. Ray. Mayor Cochran H \Agcndas\CounciI\121603 doc Owasso City Council December 16, 2003 Page 7 23. Adjournment. HAAgendas \Council\ 121603.doc CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/27/03 Department Overtime Ex enses Total E�oenses Municipal Court 0.00 2,74176 ' Managerial 0,00 18,675,09 Finance, 45.00 1,002,26 General Government 0,00 660035 Community Development 0.00 111509.46 Engineering 0.00 9,654,90 Information Systems', _ _ 0.0 2,540.69 Support Services 90.77 5,612.04 Polite 376.99 1'x6,087,26 Central Dispatch 109,08 9,185,57 Animal Control 30.27 2,227.67 Fire 222.34 49,609.22 Emergency Preparedness 0.00 1.730.04 Streets 99.27 13,468,89 Park maintenance U0 5,619,70 Community - Senior Center 0.00 4,103,80 Emergency 911 Fund Worker's Comp Self- Insurance Fund Fund Total $596.80 OWASSO PUBLIC GOLF AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE DEPARTMENT 11/27/03 OVERTIME TOTAL, EXPENSES EXPENSES Golf Shop Operations $0.00, $6,38Z36 Cart Operations 0.00 1,428075 n nn' A A A A it -7t- Food & Beverage 0.00 3,262.25 FUND TOTAL 60.,00 $22,190.11 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/27/03 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES OPWA Administra'tion 0.0 Utility Billing 0.00 3,33119 -Wastewater 42.48 9,280.68 Wastewater Collection 13,67 6280.74- Refuse I 1 0.00 7,608.75 Recycle Center. 0.00 1,236.18 CUSTOM CRAFT AWARDS EMPLOYEE RECOGNITION 1,360.00 MANAGERIAL, DEPT ADDENDUM TOTAL 1,360.00 CIS`( OF OWASSO CLAIMS TOTAL 633,233.16 GRAND TOTAL WITH ADDENDUM � -- 634,593.16 OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 2, 2003 The Owasso City Council met in regular session on Tuesday, December 2, 2003 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Wednesday, November 26, 2003. ITEM 1. CALL TOO Eli Mayor Cochran called the meeting to order at 6:39 p.m. The invocation was offered by Frank Adams, Pastor of Believers Covenant Church. The Rag salute was led by City Councilor Steve Cataudella. PRESENT Gary Cochran, Mayor Michael Helm, Councilor Craig Thoendel, Councilor Steve Cataudella, Councilor STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney A quorum was declared present. ABSENT Susan Kimball, Vice Mayor Mr. Ray introduced Mike Barnes, an officer in the City's Police Department, as the City of Owasso Employee of the Month for December 2003. A. Approval of Minutes of the November 11, 2003 Special Meeting and the November 18, 2003 Regular Meeting, E. Approval of Claims. C. Action relating to Ordinance No. 767, an ordinance providing for the annexation of approximately 1.71 acres, more or less, generally located in the northwest corner of E. 98th St. North and N. 105th East Avenue. D. Action relating to Ordinance No. 768, an ordinance providing for the annexation of approximately 185 acres, more or less, generally located 1/2 mile east and south of the N. 129th East Avenue and E. 76th St. North intersection. Mr. Cataudella moved, seconded by Mr. 'Thoendel, to approve the Consent Agenda with claims totaling $292,993.26, and payroll claims totaling $242,149.96, and to approve Ordinance No. 767 and Ordinance No. 768. YEA: Thoendel, Cataudella, Kelm, Cochran NAY: None Motion carried 4 ®0. MISS AFE Mr. McMartin addressed the council regarding drainage issues. ►t F i � o]TsII Y� 11111 r' 111,111 Cif.YilT�ld.) Mr. Yates was not in attendance. I Owasso City Council December 2, 2003 ITEM 9. CONSIDERATION r REQUEST FOR COUNCIL ACCEPTANCE STORM SANITARY SEWER SYSTEM, INSTALLATION FOR THE COUNTRY ESTATES VI ADDITION, Ms. Cross presented the item. Mr. Helm asked if the portion of the water system operated by Washington County Dural Water District No. 3 also used 6 inch PVC water lines, the same as is used by the City of Owasso. Mr. Cross answered that yes, both suppliers use 6 inch PVC tripe. Mr. Cataudella moved, seconded by Mr. Thoendel, to accept the Country Estates VI water, sanitary sewer, storm drainage systems and streets. YEA: Thoendel, Cataudella, Cochran NAY: Helm Motion carried 3 -1. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A 'GUEST FOR CITY COUNCIL TO DECLARE A 1972 FIRE, TRUCK SURPLUS US TO THE NEEDS OF THE CITY OF OWASSO, ESTABLISH A VALUE FOR THE VEHICLE, AND AUTHORIZE THE DISPOSAL OF SUCH. Mr. Fisher presented the item. Mr. Thoendel moved, seconded by Mr. Cataudella, to declare the 1972 fire truck surplus to the needs of the City, establish the value of the vehicle at $ 100.00 and authorize the sale of the fire truck to the Turley Fire Department for the sum of $10.00. ITEM 11. CONSIDERATION 1 APPROPRIATE ACTION . jai A. REQUEST FOR THE APPROVAL AND ADOPTION OF AN EMERGENCY OPERATIONS PLAN FOR THE CITY OF OWASSO. Mr. Rooney presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, to approve the Emergency Operations Plan and adopt it as the City's Emergency Response Policy. YEA: Thoendel, Cataudella, Helm, Cochran NAY: None Motion carried 4-0. Owasso City Council December 2, 2003 Mr. Helm asked to be recused from discussion and voting on this issue because of his relationship to an Associate Pastor of Bethel Baptist Church. Bill Stinson, Associate Pastor of Bethel Baptist Church, addressed the Council on behalf of the Church. Bob Voight, Vernon Beaty, Bea Randolph and Ruth McLaughlin, all property owners with homes in the vicinity of Bethel Baptist Church, addressed the council to voice their objections to the rezoning. Mr. Thoendel made the comment that the Council's responsibility is to justify the commercial zoning of the property based on the location of the property itself, not what the Church might or might not do with the property in the future. Mr. Cataudella moved, seconded by Mr. Cochran, to approve the staff recommendation of the 3 tier zoning of the Bethel Baptist Church property. YEA: Thoendel, Cataudella, Cochran NAY: None Motion carried 3-0. 1,111111''i"I I Iill'ilill", 11, ",1 111 1 1111111", 1 I-s" 111�11 11111 i 111,11 Mr. Helm provided a Letter of Resignation to be included in Council Minutes. Mr. Helm then introduced his family, his Adult Sunday School Class, and his friend, Dale Previtt, and thanked them for their support and for keeping him focused during his tenure as City Councilor. M Owasso City Council December 2, 2003 ITEM 14. REPORT FROM CITY MANAGER Mr. Ray welcomed back Ronald Cates to the position of City Attorney, He also thanked all volunteers, naming specifically Roger and Melinda Voss, Dan Johnston, Linda Sullivan, Joe Ramey, Dale Previtt and John Groth, who have contributed their time to the betterment of the City of Owasso. Mr. Ray passed on Vice Mayor Kimball's regret that she could not be in attendance. ITEM 15, REPORT FROM CITY ATTORNEY I= ITEM 16. REPORT FROM CITY COUNCILORS Mr. Cataudella expressed his satisfaction in the Emergency Operations Plan and urged all to take time to read the plan in its entirety. He also thought the Skate Park was great. Mr. Cochran commented that he would miss Councilor Helm. Em- Mr. Cochran moved, seconded by Mr. Thoendel, to declare a vacancy in Ward #5 effective at Noon on December 11, 2003, and direct the City Clerk to publish a notice of such vacancy requesting persons interested in candidacy to file letters of interest in accordance with Owasso City Council Policy Statement dated May 4, 1993, Section B. YEA: Helm, Thoendcl, Cataudella, Cochran NAY: None Motion carried 4-0. I Owasso City Council ITEM 19. ADJOURNMENT. Mr. Helm moved, seconded by Mr. Cataudella, to adjourn. YEA; Helm, Thoendel, Cataudella, Cochran NAY: None Motion carried 4-0 and the meeting was adjourned at 8:05 p.m. Pat Fry, Minute Cleric I December 2, 2003 Gary Cochran, Mayor To: Honorable Mayor & City Councft Mr. Rodney J. Ray City Manager of the City of Owasso & CouncY Mr. Ron Cates City Aftomey of the City Owasso & CouncY From: Mike Heim City Councilor for the City of Owasso Ward # 5 Subject. Resignation from and # 5 Date: December Z 2003 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, December 9, 2003 The Owasso City Council met in a special meeting on Tuesday, December 9, 2003 in the Lower Level Conference Room at Owasso City hall, 111 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Fall bulletin board at 4:00 p.m. on Friday, December 5, 2003. ITEM 1: CALL To ORDER. Mice Mayor Kimball called the meeting to order at 6:02 p.m. PRESENT Susan Kimball, Mice Mayor Craig Thoendel, Councilor Steve Cataudella, Councilor A quorum was declared present. SENT Crary Cochran, Mayor Michael Kelm, Councilor R AN EXECUTIVE SESSION PERSONNEL MATTERS -._.. _. MANAGER, SESSION PROVIDED FOR O.... SECTION 392ABXII. Councilor Thoendel moved, seconded by Councilor Cataudella to enter into Executive Session in order to discuss the evaluation of the City Manager. All were in favor and the Council entered into Executive Session at 6:05 PM. Councilor Thoendel moved, seconded by Councilor Cataudella to return from Executive Session. All were in favor and the Council returned from Executive Session at 6 :50 PM. No actions were taken in Executive Session. Council directed staff to place an Executive Session agenda item on the next regular meeting agenda of the Council in order to discuss the evaluation of the City Manager. Council also directed staff to place an action item on the agenda following the Executive Session regarding the City Manager's contract. ITEM 3°: DISCUSSION RELATING TO PLANNING ITEMS Mr. Miles presented the planning items: two annexation requests, a rezoning, and a Planned Unit Development. Staff explained that all items were unanimously approved by the Planning Commission and would be placed on the December 16, 2003 City Council agenda for action. Owasso City Council December 9, 2003 Additionally, the resignations of two Commissioners were presented to the City Council and staff discussed the process that would be followed in order to replace the two positions. Staff explained that applications would be accepted, an advertisement would be placed in the paper, and applications would be presented at the January work session for review. ITEM 4: DISCUSSION RELATING TO. THE PURCHASE OF VEHICLES FOR THE POLICE DEPARTMENT Mr. Yancey presented the information regarding the purchase of two Chevrolet Tahoes. The need to purchase the Tahoes is an effort to ensure that there is at least one 4-wheel drive vehicle on each shift at the Police Department. This is necessary due to difficulty in accessing certain construction sites and the need to transport detective equipment, The Tahoes were included in the FY 2003-04 budget, although funds from other line items within the budget will be needed in order to fully equip the vehicles. Staff stated that this item would be included on the December 16, 2003 Council agenda as an action item. ITEM 5: DISCUSSION RELATING TO THE PURCHASE OF CENTENNIAL PARK Mr. Rooney presented the Centennial Park item. He stated that the Council had approved a contract in August 2002 to allow for the donation of park land and provide for payment of improvements on that land. The improvements included paved walking trails, playground equipment, a park shelter, etc. Staff stated that the improvements were now completed and a walk through inspection had occurred. A punch list was developed and the developers were addressing those issues now. Providing all of the items on the punch list are addressed, the claim for payment in the amount of $ 323,500 would be included on the Claims List for the December 16, 2003 City Council agenda. Staff explained that it was not necessary to be a separate agenda item because it was part of a previously approved contract. ITEM 6: FINANCIAL REPORTS AND FINANCING ISSUES Ms. Bishop presented the financial reports. No action was taken. ITEM 7: CITY MANAGER ITEMS Mr. Ray gave a brief update on the following items: A. Council Vacancy in Ward 5 B. Legislative Consortium Update C. November Building Pen-nit Report a Owasso City Council C�i1pl►tEt���l�Lf 1. 1 ►�I�i� December 9, 2003 Councilor Cataudella moved, seconded by Councilor Thoendel, for adjournment. All were in favor and the meeting adjourned at 8:45 PM. Crary Cochran, Mayor I CITY OF OWASSO VVENDDR QESLRIPJTQN AMOUNT OFFICE DEPOT OFFICE SUPPLIES 0.25 SAV-ON PR|NT|NG PRINTED FORMS 327.65 BAILEY, MATT BAILIFF DUTIES 120.00 MUNICIPAL COURT DEPT TOTAL 45_3.90 TREASURER PETTY CASH CITY MGR EXPENSES 512D0 OFFICE DEPOT OFFICE SUPPLIES 448.52 FUELMAN FUEL 94.86 REASORS FILM PROCESSING 1.98 AT&TVV|RELE88 PHONE USE-RAY 180.17 AT&T WIRELESS PHONE USE-RAY 153.73 AT&T WIRELESS PHONE USE-RAY 153.58 AT&T WIRELESS PHONEUSE'RAY 153.84 AT&T WIRELESS PHONEUSE'RAY 152.60 AT&T WIRELESS PHONE USE-RAY 155.04 OK MUNICIPAL LEAGUE WATER WORKSHOP-RAY 85.00 TREASURER PETTY CASH MILEAGE-MCCALL 25.74 DK MUNICIPAL LEAGUE 2003 CONFERENCE 300.00 TREASURER PETTY CASH STAFF TRAINING 5438 ALBERTSONS MEETING EXPENSE 111.02 COUNTRYSIDE FLOWERS &GIFTS HOLIDAY DECORATION 080.00 A3HVVORTH EMPLOYEE RECOGNITION 307.11 BAILEY RANCH GOLF FOOD &BEVERAGE TIMMY & CINDY DINNER 1.77320 S/V-ON PR|NT|NG PRINTING 387.00 BRANDON AUCTION BRONZE STATUE 2.450.00 ABCD RENTS &SALES EMPLOYEE APPRECIATION 265.58 TREASURER PETTY CASH EMPLOYEE RECOGNITION 207.60 CLASS ACT EMPLOYEE APPRECIATION 08D0 CARD CENTER SUPPLIES 104.92 MANAGERIAL DEPT TOTAL -------- -'---._- OFFICE DEPOT OFFICE SUPPLIES 31.64 TREASURER PETTY CASH MILEAGE-BISHOP 25.50 FINANCE DEPT TOTAL ----57.20' OFFICE DEPOT OFFICE SUPPLIES 0.61 TREASURER PETTY CASH OFFICE SUPPLIES 22.00 IKON OFFICE SOLUTIONS COPIER MA|NT 013.09 SAK8S CLUB REPA|R/MA}NT SUPPLIES 28.82 ADT SECURITY SERVICES ACCESS CARDS 240.00 C|NTASCORPORAT|ON MAT SERVICES 27.90 GRAY, STEPHEN P. PC ATTORNEY AT LAW LEGAL SERVICES 289.83 |NCOG CDB8ADM|N SERVICES 1.152.50 AMERICAN WASTE CONTROL REFUSE SERVICE 114.00 AEP/PSO 1103 USE 1.835.38 OKLAHOMA NATURAL GAS 11/03 USE 1.188.07 AT&T WIRELESS PHONE USE-CAFES 4278 VENDOR DESCRIPTION AMOUNT AT &T WIRELESS PRONE USEmCATES 44.02 SOUTHWESTERN BELL PHONE USE 975.10 AT &T WIRELESS PHONE USEmCATES 42.95 SOUTHWESTERN BELL 11/03 PLEXAR 167.52 TREASURER PETTY CASH POSTAGE 5.33 TREASURER PETTY CASH CHARACTER COUNCIL 9.71 REASORS MEETING EXPENSE 13.94 A N Z SIGNS BANNERS 815.00 CHARACTER FIRST"! MONTHLY BULLETINS 347.40 TULSA COUNTY CLERK FILING FEES 13.00 RICH & CARTMILL. TREASURER'S BOND 450.00 J & K SERVICES OLD CENTAL 2,132.90 OFFICE DEPOT OFFICE SUPPLIES 128.00 FUELMAN GENERAL GOVERNMENT DEPT TOTAL 10,716°65 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 77.38 FUELMAN FUEL 73.15 RIDGWAYS PRINTING SUPPLIES 516.50 NATIONAL POWER WASH VEHICLE WASHING 25.00 NATIONAL POWER WASH VEHICLE WASHING 15.00 ENGINEERING DEPT TOTAL 707.03 TLIC WORLDWIDE MAINT RENEWAL 864.00 INFORMATION SYSTEMS DEPT TOTAL 864.00 ADMIRAL EXPRESS OFFICE SUPPLIES 119.95 SAMS CLUB REPAIR/MAINT SUPPLIES 36.17 CHEROKEE BUILDING MATERIALS CEILING TILES 115.84 RADIO SHACK REPAIR/MAINT SUPPLIES 15.96 UNIFIRST CORPORATION UNIFORM RENTAL 64.54 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 328.08 FUELMAN FUEL 154.94 CARPET DIRECT CARPET OLD CENTRAL 672.92 FUELMAN FUEL 143.46 US CELLULAR CELL PHONE USE 28.28 AT &T WIRELESS PHONE USE 51.44 SOUTHWESTERN BELL 11/03 PLEXAR 133.94 SUPPORT SERVICES DEPT TOTAL 1,865.52 AEP /PSO 11/03 USE 77.99 CEMETERY DEPT TOTAL 77.99 VENDOR AMQUNT MORTON EXCAVATING DRAINAGE IMPROVEMENTS 9/1803 13.847.18 CAPITAL PROJECTS DEPT TOTAL -------- OFFICE DEPOT OFFICE SUPPLIES 319.87 ONYX CORPORATION TONER CARTRIDGE 82.90 OFFICE DEPOT OFFICE SUPPLIES 138.12 WEST GROUP PAYMENT CENTER OKLAHOMA STATUTES 25,00 SAK8SCLUB REPA|R/MA|NTSUPPL|ED 83.79 VVAL-MART COMK8UM|TY EV|DENCEBAG5XDAJTER|ES/T&P 51.44 LOVVE8COk4PAN|ES T0ULCASE 29.08 STRATHEVETER|NARY VET SERVICES 43.00 PATROL TECHNOLOGY HOLSTER REPLACEMENT 50.00 CITY GARAGE CITY DFOVVASSD VEH1CLEK8A|0T 5.810.21 FUELNYAN FUEL 2.581.80 RAGTOPS SCREEN PRINTING 30.00 HOWARD STAMPER RETAINER 150.00 TULSA REGIONAL K4EDCENTER MEDICAL SERVICES 25.00 AEPYPSO 11103 USE 1.243.47 OKLAHOMA NATURAL GAS 11/03 USE 403.62 YALE CLEANERS UNIFORM CLEANING 1.41434 SOUTHWESTERN BELL PH0NEU8E 075.11 C|NGULARVV|RELEBS PHONE USE 213.05 C|NGULARVV|RELE8S PHONE USE 241.83 AT&T WIRELESS PHDNEU3E-YANCEY 6981 SOUTHWESTERN BELL 11/03PLEXAR 40.01 TREASURER PETTY CASH PER0EK8'GTAFF 84.00 COX, HBURL PER DIEM 560.00 DENTON.M|CHAEL PER DIEM 560.00 POLICE DEPT TOTAL --15,239-39 RADIO SHACK RECORDING EQUIPMENT 51.04 VVAL-MART COK8K8UN!TY PRISONER MEALS/CLEANING SUPPLIES 115.67 TREASURER PETTY CASH PERD|EM'M|LLER 98.00 . POLICE COMMUNICATIONS DEPT TOTAL ---- SAKdGCLUB REPA|R/MA|NTSUPPL|ES 3844 HILLS PET NUTRITION SHELTER SUPPLIES 85.00 HILLS PET NUTRITION SHELTER SUPPLIES 58.00 FARM PLAN REPA!R/MA/NTSUPPL|ES 2.98 STRATHEVETER|NARY VET SERVICES 9375 PATROLTECHNDLOGY UNIFORM/GEAR-LONG 336.00 CITY GARAGE CITY OF0WASSO VEH|CLEK1A|NT 14.60 FUELN1AN FUEL 52.02 AEFYPSO 11/03 USE 244.17 SOUTHWESTERN BELL 11/03PLEXAR 40.38 ANIMAL CONTROL DEPT TOTAL -------- OFFICE DEPOT OFFICE SUPPLIES 129.67 TREASURER PETTY CASH OFFICE EQUIP 50.00 CITY GARAGE CITY OFOWASSO VEH|CLEK8A|NT 85.04 VENDOR AMOUNT FUELMAN FUEL 920.53 VVSDARLEY&CO REPA|R/MA|NTSUPpL|ES 801.88 AEFYPSO 11/03 USE 037.33 OKLAHOMA NATURAL GAS 11/03 USE 1.220.09 PRINTERS PLUS PRINTER REPAIR 157.00 BM| SYSTEMS OFTULSA CUP|ERyNA|NT/LEA8E 431.42 SOUTHWESTERN BELL 11/03PLEXAR 179.70 FIRE SERVICE TRAINING TRAINING-DEN1AURO 100.00 FIRE SERVICE TRAINING TRAINING-WALKER 100.00 FIRE SERVICE TRAINING TRAINING-KELLEY 10080 F|RESERV|CETRA|N|NG CERT|F|CAT|ONTEST-ATVVELL 200.00 BEST WESTERN LODGING-K8CN|CHDL 275.00 HOLIDAY INN LODGING-GOSVENER 330.00 FIRE DEPT TOTAL ___ 724.54 AEP/P8O 11/03 USE 03.75 SOUTHWESTERN BELL 1103PLEXAR 23.98 EMERGENCY PREPAREDNESS DEPT TOTAL 87.73 LOVVESCDMPAN|ES K8A|NTSUPPL|ES 0.44 B|NGHAK4TRUCKING SALT-ICE REMOVAL 3.818.34 LOCKE SUPPLY SUPPLIES 1.20 BEE LINE TRAFFIC CONTROL TRAFFIC LIGHT BULBS 522.00 FARM PLAN REPA|R/K8A|NTSUPPL|ES 14372 HOLL|DAY SAND &GRAVEL SAND 55.15 MILL CREEK LUMBER &SUPPLY REPA|R/K8A|NT8UPPL|ES 412.52 A&AMATERIALS ASPHALT 978.65 MAXWELL SUPPLY OFTULSA REPA|R/K8A|NTSUPPL|ES 14.10 RAINBOW CONCRETE CONCRETE 944.00 BROWN FARMS SOD SOD 110.00 BAILEY EQUIPMENT RERA}FUWiA|NTSUPPL|ES 5328 CROW BURL|NGAME REPA|RYK8A|NTSUPPL|ES 43.52 UN|F|RSTCORP0RAT|ON UNIFORM RENTALS 81.16 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 27.83 CITY GARAGE CITY OFOWA380 VEH|CLEK8A|NT 1.533.01 FUELK8AN FUEL 349.00 BAILEY EQUIPMENT SMALL TOOLS 539.00 AEP/PSO 11/03 USE 832.96 AEP/P8D STREET LIGHTING 3.520.68 NATIONAL POWER WASH VEHICLE WASHING 50.00 NATIONAL POWER WASH VEHICLE WASHING 25.00 EQUIPMENT ONE INC RENTALS 434.07 US CELLULAR CELL PHONE USE 31.45 SOUTHWESTERN BELL 11/03PLEXAR 2481 STREETS DEPT TOTAL 14,556.38 VVAL-MART C0K4MUN|TY WINTER WONDERLAND 7051 LUVVESCOMPAN|ES SUPPLIES 1.08 0'RE|LLYAUTOK8OT|VE SUPPLIES 2.33 FARM PLAN REPA|R/MA|NTSUPPL|ES 8.88 YE0DQR DESCRIPILON AM�U� CITY GARAGE CITY OFOVVASSO VEH|CLEMA|NT 285.00 FUELMAN FUEL 154J5 AEP/PS0 11/03 USE 1.012.15 OKLAHOMA NATURAL GAS 11/03 USE 141.85 SOUTHWESTERN BELL 11/03PLEXAR 73.01 PARKS DEPT TOTAL -------� �,'__-_ CHARACTER FIRST! MONTHLY BULLETINS 70.00 VVAL-MART CC}K8K8UN|TY CLEANING SUPPLIES 310.55 FUELMAN FUEL 43.04 LOVVESCOK8PAN|E3 K8A|NTSUPPL|ES 289.98 AEP/PSO 11/03 USE 564.95 OKLAHOMA NATURAL GAS 11/03 USE 880.27 AT&T WIRELESS PHONE USE 12.70 SOUTHWESTERN BELL 1103PLEXAR 65.74 COMMUNITY CENTER DEPT TOTAL -------- _,-4__. AEFYPS[} 11/03 USE 44.67 OKLAHOMA NATURAL GAS 11/03 USE 213.28 SOUTHWESTERN BELL 1103PLEXAR 20.10 HISTORICAL MUSEUM TOTAL �78.05 FUELMAN FUEL 40.38 EXECUTIVE LEADERSHIP SUBSCRIPTION 90.00 AT&T WIRELESS PHDNEU8E'HAYES 10248 AT&T WIRELESS PHUNEUSE-HAYES 102.48 AT&TVV|RELESS PH0NEU8E-HAYES 10239 AT&T WIRELESS PH0NEU8E-HAYES 102.03 AT&T WIRELESS PHONEU8E'HAYE3 101.73 AT&T WIRELESS PHONE USE-HAYES 102.00 ECONOMIC DEVELOPMENT DEPT TOTAL --758.99 GENERAL FUND TOTAL 7983417 ��� BLUEL|NCS HMO COLLECTIONS REFUND #4934 370.00 PACE PRODUCTS AMBULANCE SUPPLIES 137.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 981.51 MEDICAL COMPLIANCE SPECIALITY B|O-WASTE D|GPOSAL 111.00 TOTAL RADIO RADIO REPAIR 11825 GALLESJEFFERYDO. EMS AUDITS 250.00 NATIONAL OCCUPATIONAL HEALTH SERVICE YEARLY IMMUNIZATIONS 710.00 ST FRANCIS HOSPITAL REFRESHER COURSE-DEMAURO 125.00 AMBULANCE SERVICE FUND TOTAL --�7���' ��� TOTAL RADIO K8A|NTC0NTRACT 675.00 SOUTHWESTERN BELL E-8i1K4A|NTEQUIPMENT 80025 SOUTHWESTERN BELL E-911 1.898.78 SOUTHWESTERN BELL E-811 1.919.80 E-8i1 FUND TOTAL 5,299.81 ����� VENDOR DESCRIEMN AMOUNT BECCOCDNTRACT0RS 80TH-12QEAVE/145EAVE 207.35725 CINNABAR SERVICE COMPANY TITLE OP|N|ON-AO/12QEAVE 125.00 CAPITAL IMPROVEMENTS FUND TOTAL -------- ,482.� PRESTON LAKE DEVELOPMENT GROUP PARK|MPR0VEMENTS 323.500.00 PARKS DEVELOPMENT FUND TOTAL 323,�50O.UO OFFICE DEPOT OFFICE SUPPLIES 4.54 UN|F|RSTCORPORAT|ON UNIFORM RENTAL 10217 FUELK8AN FUEL 40.01 FORD OFTULSA REPAIR PARTS 189.27 B&K8 TIRE CENTER TIRES 1.048,60 T&VVTIRE REPAIR PARTS 143.59 J&REQUIPMENT REPAIR PARTS 205.80 WILLIAMS REFUSE EQUIPMENT REPAIR PARTS 840.11 AMERICAN HOSE &SUPPLY REPAIR PARTS 3020 T&VVTIRE TIRES 529.60 GENUINE PARTS CO REPAIR PARTS 25725 TULSA NEW HOLLAND REPAIR PARTS 287.35 FRICTION PRODUCTS REPAIR PARTS 200D0 AEFYP@0 11/03 USE 274.84 OKLAHOMA NATURAL GAS 11/03 USE 404.91 US CELLULAR CELL PHONE USE 2828 SOUTHWESTERN BELL 11/03PLE&4R 70.49 B& kJ TIRE CENTER TIRE REPAIR 99.90 GENERAL WIRE & SUPPLY FENCE MATERIALS 38.71 CITY GARAGE FUND TOTAL �,_____ 661.28 ===== UNITED SAFETY &CLAIMS THIRD PARTY ADK8|N 1.417.07 PP0G0LUT|UNS MEDICAL REVIEW FEES 92.47 DOERNER'SAUNDERS. DANIEL &ANDERSON LEGAL SERVICES 071.12 YORK, ERIC Y06133 84.00 0VVASS0 PHYSICAL THERAPY CLINIC CO8303 208.33 OVVASSO PHYSICAL THERAPY CLINIC M08143 297.70 DVVASSO PHYSICAL THERAPY CLINIC M08143 317.55 DVVASS0 PHYSICAL THERAPY CLINIC S10013 144.13 DVVAS8O PHYSICAL THERAPY CLINIC S10013 204.09 ASSOCIATED ANESTHESIOLOGISTS Y06133 270.04 OVVASSO PHYSICAL THERAPY CLINIC F10143 113.53 MAYS DRUG G09293 100.03 MAYS DRUG J06172 49.10 SUMMIT PHYSICAL THERAPY Y06133 294.00 SUMMIT PHYSICAL THERAPY Y00133 90.00 THIRD PARTY SOLUTIONS C10223 110.81 THIRD PARTY SOLUTIONS C10223 6820 THIRD PARTY SOLUTIONS F10143 40.30 THIRD PARTY SOLUTIONS F10143 625 THIRD PARTY SOLUTIONS P10143 10022 CENTRAL STATES ORTHOPEDIC S07082 20.00 URGENT CARE 0FGREEN COUNTRY B10093 220.06 RICH & CARTMILL 010223 153.84 010223 56.80 D08183 109.06 F08213 59.96 H07203 113.60 J10103 79.96 810163 142.00 €06203 149.22 J06172 1,209.19 K09073 124.93 TTD PAYMENTS 269.08 TTD PAYMENTS 269.08 °TTD PAYMENTS 269.08 507082 474.00 507082 474.00 WORKERS COMP FUND TOTAL 8,918.11 PROPERTY INS -OLD CENTRAL 747.00 SELF INSURANCE FUND TOTAL. ^- - 747.00 GRAND TOTAL TAL 633,233.18 TO- THE HONORABLE MAYOR AND COUNCIL CI`T°Y OF OWA S FROM- DUANE CUT BERTS N CITY PLANNER SUBJECT: ORDINANCE NO. 769 DATE- DECEMBER 5, 2003 BACKGROUND: At the December 2, 2003 meeting, the Owasso City Council approved an rezoning request fi -om Bethel Baptist Church of property located in the northwest comer of East 86`h Street North and Cedar Street. Attached is a copy of Ordinance No. 769 that formally adopts the City Council's action of December 2, 2003. 10111ro I. hafflINIAs r ` IM66 1, t., CITY OF OWASSO ORDINANCE NO. 769 WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 03-11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the .following described property, to wit: THE SOUTH 463.75 FEET OF THE WEST 330 FEET OF THE SW '/4 OF THE SE '/4 OF THE SE g/4 OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, be, and the same is hereby zoned from RS -3 (Residential Single - Family District) to CS (Commercial Shopping District), and LOTS 8 AND 9, BLOCK 10, ATOR HEIGHTS THIRD ADDITION, A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, be, and the same are hereby zoned from RS -3 (Residential Single - Family District) to OL (Office Light District). Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 16`i' day of December, 2003. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk Gary Cochran, Mayor APPROVED AS TO FORM: Ronald D. Cates, City Attorney APPROVED AS TO CONTENT: Duane Cuthbertson, City Planner TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF O`ASSO FROM. DAN YANCFY CHIEF OF POLICE SUBJECT- REQUEST TO PURCHASE TWO SPORT UTILITY VEHICLES DATE- DECEMBER 109 2003 Currently the department's fleet has 33 vehicles to accommodate 27 patrol officers, 5 detectives and 19 reserve officers. Of those cars, five are at least eight years old. The City of Owasso currently has assigned one vehicle per officer for crime prevention purposes, to reduce maintenance costs, and to encourage employee ownership of the vehicle to increase the length of the vehicle's useful life. The FY 2003 -2004 operating budget provides funding for the purchase of two sport utility vehicles. These vehicles are recommended because this type of vehicle is more conducive to hauling crime scene equipment without the worry of weather and to achieve the goal of having one 4-wheel drive vehicle per shift to more effectively respond in inclement weather. In order to achieve this goal, the department would need to purchase three more of these vehicles in the future. In searching for the best price, tho department sought pricing from several dealerships holding governmental agency contracts with the State of Oklahoma. Typically agencies can seek pricing from dealerships that is the same or better than the state contract denotes. After negotiations with several dealerships across the state, the department was able to obtain a price of $27,502.84 from Classic Chevrolet for the 2004 Chevrolet Tahoe, approximately $2000.00 less than the state contract price. The state contract standard on these vehicles is the three -year, 36,000 mile bumper to bumper warranty. If approved by the City Council, the department will place the order for two of these vehicles, set to be delivered in. late January or beginning of February of 2004. This request is for Council's approval to purchase two (2) 2004 Chevrolet Tahoes in the amount of $55,105.68 from Classic Chevrolet in Owasso, Oklahoma. POLICE VEHICLE PURCHASE December 10, 2003 PAGE 2 P .',111,1. The majority of the funding is contained within the "Capital Outlay - Vehicles" line item of the Police Department budget (01- 201- 54500) in the amount of $53,000. Funds totaling approximately $7,000 from other line items within the police Department budget will be needed to supplement the purchase and in order to provide these vehicles with necessary equipment. Staff recommends Council approval of the purchase of two (2) 2004 Chevrolet Tahoes in the amount of $55,105.68 from Classic Chevrolet in Owasso, Oklahoma. 1. Did Proposal from Classic Chevrolet 2. Vehicle Notation Policy 3. Vehicle Maintenance Policy Prepared For: Dan MM 15KE W " i 1 A 1111''I E Photo may not represent exact vehicle or selected equipment. Deduct 200.00 radio no CD Chevrolet Tahoe Special Service Veh 4dr 4WD CK1 5706 2004 Chevrolet Tahoe Special Service Veh 4dr 4WD Interior: 92D Gray/Dark Charcoal 4.8U2-94 CID Gas V8 Exterior 1: 50U Summit White 4-Speed Automatic w/OD Exterior 2: CODE MODEL MSRP CK1 5706 2004 Chevrolet Tahoe Special Service Veh 4dr 4WD $37,000.00 OPTIONS NO THIRD ROWS T° WOO —D CUSTOM CLOTH SEAT TRIM $0.00 1ST PREFERRED EQUIPMENT GROUP -$1,411.00 5G4 PROVISION FOR CAB ROOF-MOUNTED LAMP $103.00 5T5 SEATS, 2ND ROW VINYL WITH FRONT CLOTH -$30.00 5W4 IDENTIFIER, SPECIAL SERVICE VEHICLE $0.00 7Y9 BATTERY, SINGLE 770 CCA $56.00 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CON $0.00 9N5 CONSOLE DELETE -$825.00 A95 SEATS, FRONT CUSTOM CLOTH RECLINING BUCKETS, $1,035.00 ANJ GLASS, NON-DEEP TINTED -$305.00 AT5 SEATS, MIDDLE VINYL 60/40 SPLIT-FOLDING BENCH, $0.00 BG9 FLOOR COVERING, RUBBERIZED VINYL, BLACK -$60.00 C5U GVWR, 6800 lbs. (3084 kg) $0.00 D07 CONSOLE, FLOOR, INC FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 G80 DIFFERENTIAL, LOCKING, HEAVY-DUTY, REAR $295.00 GT4 REAR AXLE, 3.73 RATIO $0.00 K47 AIR CLEANER, HIGH-CAPACITY INC KNP COOLING, EXTERNAL TRANSMISSION OIL COOLER INC LR4 ENGINE, VORTEC 4800 V8 SFI $0.00 M30 TRANSMISSION, 4-SPEED AUTOMATIC $0.00 Report content is r5asea on 779MEW077112.1-5 Ftlu'a #uidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 82.2, Data updated 12/2/03 11:33:00 AM @Copyright 1986-2002 Chrome Systems Corporation. All rights reserved. Customer File: December 05, 2003 10-.28:17 AM Page 2 Chevrolet Tahoe Special Service Veh 4dr 4WD CK1 5706 $0.00 som $0.00 M Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 82.2, Data updated 12/2/03 11:33:00 AM @Copyright 1986-2002 Chrome Systems Corporation. All rights reserved, Customer File: December 05, 2003 10:28:17 AM Page 3 ora-0-141-WIF&J-1 ARMS IIe POLICY. It is the policy of this department to comply with the current maintenance standards set forth and recommended by the Support Services Division of the City of Owasso and to outline the responsibility of the employee as it pertains to procedures, inspections and equipment. IIL DEFINITIONS- A. Members - City of Owasso Employees B. Vehicle — Owned by the City of Owasso, assigned or temporarily assigned to the police department C. Level A — Service performed every 12,000 miles or service hours determined by vehicle maintenance D. Level B — Service performed every 3,000 miles or service hours determined by vehicle maintenance E. Level C — Service performed every 150 days . Members assigned a vehicle are responsible for: • Reporting needed repairs. • Keeping vehicles in a clean and serviceable condition. • Refueling the vehicle at the end of each shift or as needed. (Only approved fuel may be used.) • Maintain a copy of the vehicle registration and current insurance information in the vehicle. • Ensuring that all equipment assigned to the vehicle is present and in proper working order. Deficiencies will be reported to the member's supervisor and corrected by the member. o icy \ _ 2 of 4 Issued By Special Instructions Ilan M. Yancey, Chief of Police Vo PROCEDURES- Vehicle defects will be promptly reported to the member's immediate supervisor. A vehicle repair request shall be completed and submitted to the supervisor. The immediate supervisor of officer shall facilitate the repair of the vehicle through the Vehicle Maintenance Department. If required, the City's contracted wrecker may be contacted to assist a disabled Department vehicle. The request shall be made to Vehicle Maintenance during regular hours and to Communications after hours. A Departmental vehicle that can be safely driven, but is in need of repair, will be taken to the City garage or to an authorized vendor for repairs. The Vehicle Maintenance supervisor will decide which is appropriate and then authorize the use of an outside vendor. VI, INSPECTIONS- Daily Inspection: Officers will perform an inspection prior to the use of the vehicle and ensure that the vehicle is fully operational. Damage found during a daily inspection will be immediately brought to the attention of the member's supervisor, forwarded to the Chief of Police. The officer shall complete the necessary documents or request an investigation as required for reporting an accident. The member's supervisor will be responsible for any necessary reports and/or inquiries for unreported damage. Monthly: Supervisors will perform monthly inspections of all vehicles assigned to their shift to insure that all vehicles are properly maintained, and kept in a clean condition. Damage should be compared against entries in the Vehicle Damage Log and appropriate action taken when unlisted damage is found. VII. fiLl'IHORIZED T' 1QIJI1'11= All equipment will be approved by the Chief of Police before being installed in or affixed to any Department vehicle. Each vehicle used in routine, general patrol, or traffic enforcement must be equipped with at least the following equipment in operational order: • Blue and red emergency lights. • A siren or other audible device • Public address system (automobiles only) these vehicles will additionally be equipped with the following safety equipment: * First aid kit * Biohazard protective equipment Fire extinguisher Flashlight Ix. SCHEDULED PRE, VENTATIVE MAINTENANCE- Routine maintenance will be performed by the Vehicle Maintenance Department on a schedule established by that department. The Vehicle Maintenance Supervisor will work with the Lieutenant /Operations Commander or his designee to ensure that vehicles are serviced in a timely manner. 3,000 MILES SERVICE (LEVEL B) 1. Emission Certification expiration date /test as appropriate 2. Windshield, windows and mirrors 3. Lights [head, tail & stop, turn signals, license light, top light & etc.] 4. Decal condition & License plate 5. Accident damage 6. A/C / Heater / Condition of Interior 7. Load test batteries 8. Alternator output & starter draw 9. Floor mats, shift boot(s), visors, etc. 10. Seat belts & seat controls 11. Door controls & lock operation 12. Fluid levels [coolant, engine oil, autornatic transmission, brake, steering & washer] 13. Warning lights, buzzers, gauges & horn(s) 14. Check fire extinguisher - if applicable 15. Wiper & washer [blades, arms fluid] 16. Battery & charging system 17. Listen to starting operation 18. Radiator and A/C condenser for obstructions 19. Belts & hoses / Battery Terminals 20. Frame & suspension [shocks, bushings, etc.] 21. Mounts, brackets, linkages, a -bolts 22. Drive train [boots, u/cv joints, yokes, nuts] 23. Check oil leakage from all P/T components 24. Exhaust system [leaks, corrosion & broken supports] 25. Steering action / operation & components 26. Rotate tires /Check air pressure & tire / spare condition (Tools in Trunk) 27. AFVs - Alternative Fuel System (Please fill tank before bringing vehicle in for service.) Repair & Replace 1. Air filter(s) [replace if necessary] 2. Remove wheels & inspect brakes [pads, shoes, rotors, drums, master & wheel cylinders, lines, connections, as needed] 3. Engine oil filter, oil & lubricate fittings [lobe, oil and filter] 4. Lube winch, PTO and Lift gate - if applicable Issued 111110C1' o 4 of 4 Dan M. Yancey, Chief of Police Special Instructions 12,000 Miles Service (LEVEL., A) -- Same as 3,000 Service plus 1. Test engine coolant for freeze point & S.C.A.'s / Leaks 2. A/C system for proper operation 3. Fan operation [fan clutch, radial play, etc.] 4. Fuel system [carburetor, fuel injector, choice, etc.] 5. Check E R & PCV Valve 6. Check wheel bearing adjustment Repair and Replace -- Same as 3,000 Miles Service plus 1. Replace air filter 2. Replace fuel filter 3. Clean Brake System [pads, shoes, rotors, drums] 4. Change automatic transmission fluid & filters Road 'rest 1. Engine Performance 2. Transmission and clutch operation 3. Steering action / wander 4. Braking action pull / grab / lockup 5. Rattles and unusual noises 6. Steering action / operation and components %. Tune -up (Plugs, cap, rotor, PCV valve, etc., as necessary) 150 Day Service (Level C) Those vehicles that are only utilized on a case by case basis and do not meet the requirements of Level A and B. Issued By [fan M. Yancey, Chief of Police Special Instructions I of 2 The purpose of this policy is to determine vehicle replacement in order to retain and provide the operations of the department with the most practical and suitable transportation needs necessary to perform the job functions and to adequately prepare the vehicle replacement portions of the City budget. IL POLICY: It is the policy of this department to plan vehicle replacements whenever the following policies set forth are met. Ill. VEHICLE REPLACEMENT SCHEDULE: A. Vehicles will be replaced using the following criteria (in order of priority) Maintenance Costs Mileage Age B. Mileage and age parameters for vehicle replacement will be: 100,000 miles or 7 years of age C. Maintenance Costs will be established based upon direct costs as reported by the Vehicle Maintenance Facility. D. An annual analysis of maintenance costs for each vehicle will be conducted at the end of each calendar year. Any vehicle whose average yearly maintenance cost exceeds the standard deviation of the cost per year for its vehicle class, as published annually by the ICMA, will be examined more closely as to whether it would be more economical to replace it. E. Any vehicle in excess of the 100,000 miles or seven (7) year levels shall be replaced unless a review by the vehicle maintenance department determines the vehicle is appropriate for the current service. OASSO POLICE DEPARTMENT POLICY & PROCEDURE Policy Title o icy um er Effective Uate VEHICLE T TI POLICY opics Standard Reference - un, er o ages 2 of 2 Issued By Special Instructions Dan M. Yancey, Chief of Police F. By February 15 of each year "Vehicle maintenance, working in consultation with the Police Department, shall publish a Vehicle Replacement Schedule that shall serve as the basis for the proposal of vehicle purchases in the next annual budget. O. Vehicles that are replaced due to projected maintenance cost, mileage, or age will be surplused upon receipt of the replacement vehicle. H. All vehicles that have been surplused will be transferred to the Vehicle maintenance Department for disposal. 1. The Police Department will maintain a pool of 3 or 4 sedans to serve as backup or to be utilized in the Reserve Program. Only vehicles designated as requiring replacement on the Vehicle Replacement Schedule will be scheduled for replacement in the Budget. K. High mileage vehicles that are in good condition will not normally be replaced, although they may be reassigned. L. Vehicles that are over the age criteria and are in good condition will not normally be replaced, although they may be reassigned. IV. UNSCHEDULED REPLACEMENT DUE TO MAINTENANCE COSTS: A. When a vehicle /piece of equipment is in for repairs, and it is determined that the repairs will exceed the economic value of the equipment, the Vehicle maintenance Department will notify the Police Department of the situation. B. The Police Department will surplus the vehicle and utilize a the vehicle pool replacement when feasible. A. The city fleet will normally be purchased through the State of Oklahoma procurement process that runs each year from November 1 through June 30. Since it is the goal of the city to purchase the appropriate vehicles, Vehicle maintenance will assist in their review of state contracts for applicability of new vehicle replacements. As soon as is feasible after the state contract is issued, orders shall be placed by the department for the anticipated replacements identified in the replacement program. B. Specialty vehicles and those not acquired through the state procurement process are purchased through the city procurement process. C. All vehicles to be purchased under either process are to be reviewed by Vehicle maintenance. Suitability and appropriateness for the job intended, balanced by cost, and efficiencies resulting from maintenance requirements and fleet standardization are primary considerations. J� J TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OASS FROM. SHERRY BISHOP FINANCE DIRE CTOR SUBJECT- SUPPLEMENTAL APPROPRIATION DATE: December 12, 2003 State statutes require the City's annual operating budget to be approved by the City Council and filed with the Office of State Auditor and Inspector. The approved budget represents a legal restriction on the City's ability to expend funds. All transfers of appropriations between funds and supplemental appropriations require City Council approval. The City Manager may transfer appropriations between line items within a department or between departments within a fund. Two projects are in progress that were not planned or anticipated in the current fiscal year budget. Staff is requesting supplemental appropriations for a community arts project ('Timmy & Cindy, see attached memo) and a sidewalk project on 96`h Street (see attached memo). The estimated cost of the arts project is $30,000 and will be funded by citizen donations. The requested budget amendment for this project includes an increase in the General Fund estimated revenues from donations of $30,000 and in increase in the appropriation for expenditures in the Managerial Department of $30,000. The sidewalk construction project is estimated at $21,500. In order to cover contingencies, the request supplemental appropriation in the Street Department is for $25,000 which would be funded by the General Fund reserves. Staff recommends Council approval of the following supplemental appropriation in the General Fund: Revenues, increase projected donations by $30,000; Managerial Department, increase expenditures by $30,000; Street Department, increase expenditures by $25,000. Memo, Timmy & Cindy project, dated December 12, 2003 Memo, Sidewalk Construction, dated December 11, 2003 TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- I ODNEY J RAY CITY MANAGER SUBJECT. TIMMY AND CINDY PROJECT DATE: December 129 2003 The "Timmy and Cindy Project99 is a public arts initiative that utilizes bronze castings of an active young boy and girl. It is proposed that these castings be placed at strategic locations throughout the community on public property. Initially, the project is proposed to start with twelve castings placed on twelve sites. Subsequently, it is hoped that additional castings will be placed in the community as the program gains momentum and acceptance. It is not unrealistic to believe that as many as fifty bronze castings could become a part of this initiative. i1 Funding for this project is proposed to be derived solely from private donations. The cost to purchase and install an initial twelve castings is estimated to be $30,000 (includes shipping charges). To date thirteen donors have made written commitments to fund the initial purchase and installation of thirteen castings. The estimate of revenues from those donors is $30,000. Thus, the program will not utilize any public funds to purchase the castings or the material used in installing the castings. It should be noted however that the program does rely on the use of city employees to provide the labor necessary to install the castings. It is estimated that the installation will require four employees two days to complete, a total of sixty -four man -hours (estimated labor cost to be funded by the City is $850). The City staff will work closely with the Owasso .Arts and Humanities Council too determine appropriate locations for each of the castings. Criteria foe determining location will be developed and utilized for establishing a ranking of sites. TIMMY AND CINDY R 3 ; December 0' PAGE 2 $ � � P t The following timetable is anticipated: November 2003 present project and Cain. Commitments December 2003 Order Castings January 2004 Finalize location for each casting February 2004 Secure any required site permission and /or easements March 2004 prepare all sites for installation April 2, 2004 Unveil all castings and Dedicate the project. EST- This request is for Council action to amend the current budget to increase General fund Revenues by $30,000, and appropriate an additional $30,000 to the Managerial Department of the General Fund (the Managerial Department will oversee the project implementation). TO. SHERRY BISHOP FINANCE DIRECTOR FROM- F. ROBERT CA RR, JR., PE PUBLIC OR DIRECTOR SUBJECT- SIDEWALK CONSTRUCTION (96TH STREET NORTH ACROSS FROM BAILEY ELEMENTARY SCHOOL) DATE: December 11, 2003 BACKGROUND. A portion of the sidewalk to Bailey elementary School along E. 96th Street North from El Rio Vista has been removed for construction of the Owasso Professional Square (located cast of the school). As a result, children walking to the school have had to be diverted through the Kelley Ann Subdivision, which has added some time to their walk. No sidewalk current exists on the south side of E. 96"' Street North across from the school. A gap exists in the sidewalk across golf course property. To enable children access to the school from 96th Street, the gap in the sidewalk from the west end of Fairways III to the east end of Fairways IV will need to be constructed. Such an improvement will enable children to be directed to the crosswalk west of the school. A proposal to construct approximately 470 linear feet of 4-foot wide sidewalk along the south side of 96th Street North has been received from Rocket Construction Services, LLC. (Rocket is presently working in Owasso on the CDBG Sidewalk Program in the original part of the city.) Included in the project is the installation of a 54-inch pipe to enable passage of drainage under the roadway and a pedestrian bridge over the drainageway. Cost of construction has been quoted as $21,500 (see attached estimate). In order to provide immediate accessibility by the children, Rocket has agreed to shift their priorities to this work from the CDBG project. rT§VX4W1012M I — Rocket Construction Service, LLC proposal 2 — Project Map cn-Y or IC ORKS 3071 W, 2Nr),kVF, OWE SO, Ok 7405.5 NMW, SlIERYL DUGGAN DESMPPON 961H ST. N, RFVTSIO-Nfti OMAN "'11-1 WM SED ON PRAWINQ", PROVIDr ,�V By 7M erry OrOWASgo PROJECT INCLUDES APPROMMATELY 470 LF Or N WIDF, SIDEWALK ALONO THE SOUTH SIDE OF 96TH ST. NORTH TMS WILL CONVECT M E�asTymo SIDEWALK. PlPli-JNDERNEATF) INSTALL (2) SECT-IONS OF 12 DIA PIPE UNDM�NEATH NEW SIDEWALK FOR DRAINAGE PXWOSE& 3NE LS �TNCERELY, r'OCKVT CONSTRUCTtON 9ZPVrcE%, Lj�C Im COST TOTAL G-`SrEPri S UFFSio?waie- bailey school fair ays_12-11 -03.DWG, 12/1112003 5:06:58 PM, \\PW_2 \PWLSR, trier MEMORANDUM TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHRERTSON CITY PLANNER SUBJE CT- OA 03-10 ANNEXATION OF 0.77 ACRES DATE: December 10, 2003 The property is located in the southwest comer of East 116'h Street North and U.S. Highway 169, EXISTING LAND USE: Vacant -1 �m t�lfllilffia, PRESENT ZONING: AG (Agricultural District) — Tulsa County Noi th: AG (Agricultural District) —Tulsa County South: CS — OPUD 0202 (Commercial Shopping District) East: U.S. Highway 169 West: CS — OPUD, 0202 (Commercial Shopping District) ANALYSIS: Staff published legal notice of the annexation petition in the November 13, 2003 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the site. Staff has received no phone calls or correspondence in opposition of the request. The Owasso Annexation Committee reviewed the request on November 24, 2003 and recommended approval with no negative concerns. PLANNING COMMISSION HEARING. The Planning Con- fission considered the request at a public hearing held on December 8"'. At the hearing, the Planning Commission unanimously voted to recommend council approval of the annexation. Staff recommends approval of the request by Paragon Development Group to annex OA 0310 (0,77 acres) property into the corporate limits of the City of Owasso. ATTACHMENTS- 1. General Area Map 2. Annexation request letter 3. Copy of Legal Notice 4, Annexation Policy 5. November 24, 2003 Annexation Committee Minutes Em MOROYMIN 1 m co PARAGON DEVELOPMENT GROUP October 245 20033 Eric Wiles City of Owasso 1 1 1 n. main 74055 RE - Garrett Creek Amiexation m aN Sincerely, R. Alan ley 401 West 2 nd Avenue Owasso, OK 74055 Office 918.376.9100 Fax 918.37600006 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION OWASSO, OKLAHOMA OA. 03 -10 Notice is hereby given that a public hearing will be held before the Owasso Placming Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8`h day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: A STRIP, PIECE OR PARCEL OF LAND, LYING IN THE NORTHWEST QUARTER (NW /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.D. & M., TULSA COUNT', OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: DEGINI+I` NG AT A POINT ON THE PERMANENT WEST RIGHT - OF -WAY LINE OF C.J.S. HIGHWAY NO. 169, A DISTANCE OF 319.81 FEET NEST OF AND 257.08 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NW /4; THENCE N 1 °15'26" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 100.00 FEET; THENCE S 88 °44'34" W ALONG SAID RIGHT -OF -WAY LIFE A DISTANCE OF 225.00 FEET; THENCE N 88 °23'41" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 500.62 FEET; 'THENCE S 81 °28'29" E A DISTANCE OF 735.70 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.77 ACRES MORE OR LESS. To be considered is an annexation of approximately 0.77 acres, more or less generally located in the area of the southwest corner E. I I6`h St. N. and U.S. Highway 169. 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 rezoning 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 10`' day of November, 2003. City of Owasso Community Development Department City ����ssK� �� �� «� / Cnoomunity Development Department � ll| NnrtbIMoio y.D. Box l80 / Owasso, Oklahoma 74055 Phone: (Ol8)]76-l543 Fax: (y|8)376-l597 ANNEXATION POLICY The following annexation policy for the City of Owasso is provided as a guiae|ine and should not be construed ao inflexible requirements for annexation. 1� While there is no minimum tract oizo, properties of larger than 20 acres are preferable. 2 All properties should be contiguous to existing City limits. l All properties should be annexed into the City limits oothe lowest zoning damoifioaUon. that in. 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 |ega|, but non- confonnin0.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 bythe City Council. Such public facilities must be improved at owners expense by the establishment mfo special assessment district orsome other financing method. 5. VVhen» a City limit boundary ends at dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. G. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by City Council on March 1, 1988. MINUTES OF SPECIAL. MEETING Monday, November 24, 2003 5:00 PM Owasso City Fall Main Conference Room I I I Iii Main Street, Owasso, Oklahoma STAFF PRESENT Duane Cuthbertson Dian Salts The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on November 24, 2003. 1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM 2. APPROVA1 OF MENUTES FROM OCTOBER 29, 2003 MEETING — Mr. Brown moved, seconded by Hayes, to accept the minutes as presented. The motion carried 7 ®0. 4. ANNE ATIQi� 1�QUEST — ®A 03 -11 o A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106`x' Street North and U.S. Highway 169. Mr. Cuthbertson presented the annexation item. Mr. Cuthbertson stated as in the previous item that the small parcel if approved would be required to be incorporated into the development scheme of Coffee Creek. Mr. Cataduella motioned to approve the annexation request. Mr. gown seconded the motion. The motion carried 7 -0. 5. ADJOURtNMENT — Mr. Cataduella moved, seconded by Mr. Hayes, for adjournment. The motion camed 7 -0. The meeting was adjourned at 5:15 PM. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- D CUTHBERTSON CITY PLANNER SUBJECT: OA 03-11 ANNEXATION OF 0.9,4 ACRES DATE, -. December 10, 2003 I I 11 0�1-1, T&B11 0 9 The property is located in the northeast corner of East 103'd Street North and U.S. Highway 169 service road about 1/4mile south of East 106 1h East Avenue. Vacant North: Vacant South: " 64 West: U.S. Highway 169 East: " C6 PRESENT ZONING: AG (Agricultural District) — Tulsa County North: U.S. Highway 169 South: CG — Coffee Creek OPUD 18 (Commercial General Shopping District) East: OM/CS — Coffee Creek OPUD 18 (Office Medium/Commercial Shopping District) West: U.S. Highway 169 #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). #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. #5 Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. #6 Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Staff published legal notice of the annexation petition in the November 13, 2003 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the sites Staff has received no phone calls or correspondence in opposition of the request. ANNEXATION I i T a The Owasso Annexation Committee reviewed the request on November 24, 2003 and recommended approval with no negative concerns. P1,ANNING COMMISSION HEA a The Planning Commission considered the request at a public hewing held on December 8t" At the hearing, the Planning Commission unanimously voted to recommend council approval of the annexation. Staff recommends approval of the request by the Owasso Land Trust to annex ®A 0311 (0 °94 acres) property into the corporate limits of the City of Owasso. ATTACHMENTS: m 4f Subject Site N 1614 Feet 0 300 600 a BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, constituting not less than three-fourths of the registered voters and being the owner of not loss than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to writ: M A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.Et M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: c 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. Dated this 7'�' day of November, 20030 OWASSO LAND TRUST, L.L.C. By David E. Charney, Manager STATE OF OKLAHOMA ss COUNTY 0 F 4LJU�5 This instrument was acknowledged before me on the 7I" day of November, 2003, by [)avid E. Charney, as manager of Owasso Land Trust, L.L.C., an Oklahoma limited liability company. Notary Puldfic My Commission Expires: NOTICE PUBLIC OF HEARING ON A PROPOSED ANNEXATION THE CITY I i '.t t O' H3 i Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8"' day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: TRACT A THE SOUTHEAST QUARTER OF THE SOUTHEAST" QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (SE /4 SE /4 NEA NW /4) OF SECTION SIXTEEN (16), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT ", A STRIP, PIECE OR PARCEL OF LAND LYING IN PART OF THE SE /4 SE /4 NE /4 NW /4 OF SAID SECTION SIXTEEN (16), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, TULSA COUNTY, OKLAHOMA, SAID PARCEL OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID SE /4 SE /4 NE /4 NW /4; THENCE WEST ALONG THE NORTH LINE OF SAID SE /4 SE /4 NE /4 NW /4 A DISTANCE OF 306.04 FEET TO A POINT, 25.00 FEET EAST OF THE WEST LINE OF SAID SE /4 SE /4 NEA NW /4; THENCE SOUTH ON A LINE PARALLEL TO AND 25.00 FEET EAST OF SAID WEST LINE A DISTANCE OF 330.36 FEET TO A POINT ON THE SOUTH LINE OF SAID SE /4 SE /4 NE /4 NW /4; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF 100.56 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 2,241.83 FEET A DISTANCE OF 227.84 FEET; THENCE N 32 °43'22" E A DISTANCE OF 161.40 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS .82 ACRES MORE OR LESS WILD TRACT B A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHWEST QUARTER (NW /4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SE /4 OF NW /4; THENCE S I °18130" E ALONG THE EAST LINE OF SAID SE /4 OF NIX /4 A DISTANCE 25.00 FEET; THENCE S 88 °41'42" W A DISTANCE OF 218.26 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT -OF -WAY WITH A RADIUS OF 2241.83 FEET A DISTANCE OF 28.08 FEET TO A POINT WITH A CHORD N 25 046 "29" E A DISTANCE OF 28.08 FEET, SAID POINT BEING ON THE NORTH LINE OF SAID SE /4 OF NW /4; THENCE N 88 °41'42" E ALONG SAID NORTH LINE A DISTANCE, OF 205.48 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 0.12 ACRES MORE OR LESS. To be considered is an annexation of approximately 0.94 acres, more or less generally located in the area of the northeast corner E. 103`x' St. N. and U.S. Highway 169. 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 rezoning 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 10`x' day of November, 2003. City of Owasso Community Development Department «��� , �� � m� �� u� Owasso Couunuoity Development Dcyuruncut |l| >Jvrtbiv[uiu ' 9D. Box 00 Owasso, Oklahoma 74855 Phone: (918) 376-1543 Fax: (918) 376-1597 ANNEXATION � �^�^����^�"°"�'"� " ��°�"��� The following annexation policy for the City ofOwasso is provided as a guideline and should not be construed as inflexible requirements for annexation. 1. While there is nn minimum tract uiza, properties uf larger than 2O acres are preferable. 2. All properties should be contiguous bo existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning u|osaificaUon, 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 |ego|' 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 owners expense by the establishment of special assessment district or some other financing method. 5. Where a City limit boundary ends at dedicated otreet, the boundary will not include the street right-of-way. This policy will establish consistence and a||ovv City employees and citizens to know where the City boundaries are. G. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by City Council on March 1, 1988. MEIMBERS PRESENT Steve Cataduella Dewey Brown Brent Colgan Ken Fisher Rickey Hayes Eric Wiles Robert Carr MINUTES OF SPECIAL MEETING Monday, November 24, 2003 5:00 PM Owasso City Hall Main Conference Room 1 1 1 N Main Street, Owasso, Oklahoma MEMBERS ABSENT Craig Thoendel Dale Prevett Tim Rooney Bill Roach Lonny Fisher STAFF PRESENT Duane Cuthbertson Dan Salts The meeting agenda was posted in Owasso City Hall, I I I N Main, at 12:00 PM on November 24, 2003. 1. CALL TO ORDER - Mr, Cuthbertson called the meeting to order at 5:00 PM. 2. APPROVAL OF M MITES FROM OCTOBER 29, 2003 MEETING — Mr. Brown moved, seconded by Hayes, to accept the minutes as presented. The motion carried 7-0. ANNEXATION REVIEW 4. ANNEXATION A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106'h Street North and U.S. Highway 169. Mr. Cuthbertson presented the annexation item. Mr. Cuthbertson stated as in the previous item that the small parcel if approved Would be required to be incorporated into the development scheme of Coffee Creek. Mr. CatadUella motioned to approve the annexation request. Mr. Brown seconded the motion. The motion carried 7-0. 5. ADJOURNINIENT —i\/fr. CatadLICIla moved, seconded by Mr. Hayes, for adjOLIMment. The motion carded 7-0. The meeting was adjourned at 5:15 PSI. 0 . . . . . . . . . . E 5 wig TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM. DUANE CUTHBER'rsON CITY PLANNER SUBJE CT. OZ-03-13, A RE, QUEST FOR PXi ZONfNG OF 1 ©1 ACRES DATE: December 10, 2,003 1 1115 � 11111111 , III IF lip! ''oil Ir 11 10HINT77,133WIM FZ",&= 1: 11111111111! i 1, 1 1 111 1 1! 1 111 1 1 1 1 1 l'i I , 1, 11' � � 11-� 1, W ----------- The property is located in the northwest comer of 105'h E. Avenue and E. 981h Place North, to the north of the Kelley Ann addition. Vacant North: Vacant South: Residential West: Residential East: Residential AG (Agricultural District) Staff recommends approval of OZ 03-13 to rezone the Randle Lyn property from its current designation AG (Agricultural District) to RS-3 (Residential Single-Family District). ATTACHMENTS. 1. OZ 03-13 Application 2. General Area Map 30 Copy of Legal Notice CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 REZONING APPLICATION GENERAL LOCATION T--2 --:N -- R 14 -- T County E, Tulsa Cou PRESENT ZONING —AG PRESENT USE Vacant PROPOSED ZONING --- RS=3 PROPOSED USE Residential Subdivision LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner As applicant, what is your interest in this property? [Present Owner MAgent for Owner (Purchaser [- ]Other for Owner Address or General Location of Subject Property Name of person to be billed for publication Mailing Address 6755 S. 4060 Rd. Talala, OK 74080 I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SIGNATURE SUBMITTED IS COMPLETE, TRUE AND ACCURATE < -4g Aar kjii .-14—E. Tulsa County Phone —4080 DATE October 319 2003 SUBMITTAL DATE FEE RECEIPT NUMBER Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 4 519.99 acres 150 20 + acres 200 OPC MEETING DATE APPROVED DENIED N Q - - - - - - - - - - - - - -- - - - -- - - - R E 101st STN 1 ,moo PUD- 16 E 100t) — — — — — — — — — — — OZ ®7 F- E,99th A N E 99t T9�7thFL— N I -- E99thSrN 9 E 96th PL N m I E98th STN E 97th PL N < rn m o 0 rn O 0 N E97th STN + 1418 Feet 0 150 300 0 T9�7thFL— N I -- E99thSrN 9 E 96th PL N m I E98th STN E 97th PL N < rn m NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWA SO, OKLAHOMA OZ: 03 -13 Notice is hereby given that a public hearing will be held before the Owasso Manning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8"' day of December., 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: A 'TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (ne/4) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, OICLHAOMA, MORE PARTICUL,ARY DESCRIBED AS FOLLOWS. SAID TRACT CONTAINS 1.71 ACRES MORE OR LESS. To be considered is an annexation of approximately 0.94 acres, more or less generally located in the area of the northwest conger E. 941h Pl. N. and N. 105`h 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 rezoning 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 10`' day of November, 2003. City of Owasso Comnuuiity Development Department MEMORANDUM TO. THE HONORABLE MAYOR AND COINCIL CITY OF OWASSO FROM- DUANE CUTHBERTSON CITY PLANNER SUBJ7CT. OPUD 03-01, A REQUEST FOR APPROVAL OF A PLA !'NNED UNIT DEVELOPMENT DATE: December 10, 20(s The City of Owasso has received a request from Owasso Land Trust, applicant/owner, for the review and rezoning of approximately 25.62 acres. The applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed OPUD 0301 will generally follow the standards found under the RS-3 zoning designation so as to guide the development of single-family homes. The subject property is located on the west side of North 145'h East Avenue in between East 116th Street North (Highway 20) and East 106th Street North. Vacant North: Vacant/Rural Residential South: Vacant East: Vacant/Rural Residential (Tulsa County) West: Vacant The subject property is currently a part of two (2) PUD's (Robinson Business Park and Interchange Business Park) both outline zoning for the property as Industrial and/or Commercial. As previously stated, the property is part of a greater development plan that was established with the adoption of two (2) PUD's in 2000 and 20010 Robinson Business Park and Interchange Business Park PUD's establish a Commercial and Industrial zoning pattern for the property to the North, South and West. The property to the East is (AG — Tulsa County) Agricultural. CONCEPT OF A PUD: OPUD 03-01 (Chelsea Park) is a proposed planned unit development (PUD) comprised of 25.62 acres. The development concept behind the Chelsea Park PUD is residential. The applicant/owners of the property intend only to develop single family residential homes on the subject site. „�� � �� E - : � ;, a... �. a- �, x The Planning Commission considered the request at a public hearing held on December 8th. At the hearing, the Planning Commission unanimously voted to recommend council approval of the planned unit development° staff recommends approval of OPUD 03-01 subject to the following conditions. 1. OPUD 03-01 Application 2. General Area Map 3. OPUD 03-01 Development Outline Plan 4. Legal Notice CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 RE ZONING- N GENERAL LOCATION e—aj--) 2— AM PRESENT ZONING PRESENT USE PROPOSED ZONING-- PROPOSED USE--AAALA�L-.�- LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of'survey) Name and Address of Record OWne� A , n I I ® Address or General Location of Subject Property F CE USE !wi H01 H�i SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVED-- _DENIED -- w D-02-0 w w Submission for; PLANNED UNIT DEVELOPMENT SEA a proposed Addition to the City of Owasso, Tulsa County, State of Oklahoma (In part of the E/2 of Section 9, Township 21 North, Range 14 East) [Formerly contained within the City of Owasso PUD's known as Interchange Business Park and Robinson Business Park] Submitted toe CITY OF OWASSO, OKLAHOMA Prepared l • P.O. ox 24 Owasso, Oklahoma 74055 • I= I LII. iWINUMMINEUmm- Background& History .......... --- .............. .—..----.—....---- ] Development Concept ...................... .-. ......... ~~........,..-.., 4 Statistical Summary ..,.... ................ .................... ...... ......... ..... 5 Development Standards ' Garden Homes ..... .. ......... --- ................. .-. 6 Property Owners' Association ,... ... ........ ........ ........................ ......... 7 Platting Requirements ... ............ ..-.^.^..,........... .,... ................. . 8 SitePlan Review ... ............ ....,^~....... _.............. .................... 8 Expected Schedule of Development .............. ................. ....... ............... O Maps: Site Analysis Underlying Zoning This proposed 25.62 acre residential development is comprised of the following two parcels: Tract #1 A 23.28 acre tract of ground along the west side of North 145`" E. Avenue which was previously zoned as part of the Robinson Business Park PUD. Tract #2 A 2.34 acre tract of ground immediately north of Tract #1 above which is also located along the west side of North 145th E. Avenue and which was previously zoned as part of the Interchange Business Park PUD, Originally, neither of the two PUD's referenced above contained any zoning for single-family residential units. As the needs of the market place have evolved, it is the developer's belief that the combined 25.62 acre tract is ideally suited for a single - family residential development. Although it is likely that more intense commercial development will occur in the future to the west of the subject 25.62 acre tract along U.S. Hwy. 169, it does appear that single family uses along North 145th E. Avenue are appropriates Significant opportunity for buffering will exist upon lands located the west of this 25.62 acre tract to separate the proposed single-family uses from more intense uses that may develop in the future, This rezoning request will require an amendment to both of the above referenced PUD's and result, hopefully, result in the creation of a new PUD which will speak specifically and solely to a single - family residential use. DEVELOPMENT CONCEPT Chelsea Park is a proposed planned unit development (PUD) comprised of 25.62 + acres in northwestern Owasso, Oklahoma. The property � yis located the i45 E. Avenue between 1O6 Street North and Hwy. 28. The site is characterized by relatively fiat to slightly rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments, Overall, this site has excellent development possibilities. Chelsea Park isa residential, "garden-home" type development that will feature tow maintenance yards and a small, secure neighborhood fceDng. Many prospective residents in today's marketplace desire smatter, well- maintained yards along with cute homes on smatter tots. This neighborhood will also contain o "pocket- park(s)" that is available for general neighborhood use as m green area for residents. This development concept will allow that type of home to be developed in a manner that is consistent and well-designed. 4 STATISTICAL SUMMARY Project Area + 25.62 gross acres Residential + 75.62 gross acres Maximum Dwelling Units Requested. '140 DU's DEVELOPMENT AREAS RESIDENTIAL: Single - Family Detached ("Garden Homes ") > Total Area: + 25.62 gross acres Requested Number of dwelling Units: 140 DEVELOPMENT STANDARDS Single-Family Detached Homesites: Garden Homes Single-family detached structures intended for individual tot ownership. > Permitted Uses > Minimum Lot Size �, Maximum Building Height > Minimum Front Yard iƒAbutting Public Street > Corner Lot Minimum Side Yard Abutting Public/Private Street > Minimum Lot Frontage" > Minimum Lot Depth > Minimum Rear Yard > Minimum Side Yard As permitted within RS'3 District, By right or special exception 5,000 sq ft. 2 stories 10* ft. 50 f 100 ft. 15 ft' 5/5 ft. orO/1Oft. ° Only front-facing garages shalt be permitted within the Addition. No garage openings wit[ be permitted which face 1D foot buikUngsetback. ^° Cul-de-sac and pie shaped tots may have less than minimum frontage measured at building tines. Other Requirements: It binttnded that preliminary and final plat will besubmitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established bv the city ofOwasso Planning Commission and the Owasso City Council pursuant to their review. I PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at Chelsea Park will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be prepared by the developer and turned over to the Chelsea Park Property Owners' Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner', the city of Owasso will have the right to maintain these areas and bill each member of the Chelsea Park Property Owners' !association for that cosh Should payment by any member not occur, the city of Owasso and /or the Chelsea Park Property Owners' Association may place a lien on the delinquent member's real property within the platted area. Final documents on the Property Owners' Association of Chelsea Park will be filed in the future which will address rights and requirements for association members. a PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duty filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. T1 No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of Chelsea Park is anticipated to commence upon approval and of zoning and platting, I Legend SET SJB \`P� i T- i 1 1 1 1 1 \ t 1 l 1 l 1 1 1 ESMT EASEMENT 11 FH FIRE HYDRANT FNC FENCE FENCE LINE FNO FOUND IP IRON PIN OE OVERHEAD ELECTRIC PP POWER POLE R /VI RIGHT OF 1' Y U/E UTILITY EASEMENT R 14 E (E IISTH ST N) STATE HIGHWAY 20 sI �9 1 106TH STREET NO Location Map SCALE: 1' =2000' —Fro C_+ Part of the SE/4 of . NE/4 of Section Tulsa County, Oklahoma 1J 38'd 4'40�� C' NORTH LINE SC /4 NE /! .�._...,v 92�. zj ....<,...,......e�.u._..._m... \ 4 1 1 1 l l 1 1 1 1 0 1 � a 5,\ 0 r in CL ®b Inson 149 \ 1111 �F 11 \\ 1 � 1 \1 A 11 I 6, 1\ IaTV 1s 1°1eCD 1 1;' 1 1 1 \ \ \ It 1 1 1 1 T 1\ 11 1 1 21 1 1 \ 1 N 1 1 1 1 1 1 1 11 11 1 1 1 1 1 1 1 1 1 1 \ 1 1 1 1 1 1 1 1 1 1 1 l 1 1 1 l 11 Legal Description A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE /4) OF THE ETHEAST QUARTER (NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 ,T OF THE LB.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED FOLLOWS: _.;INNING AT THE SOUTHEAST CORNER OF SAID NE /4; THENCE S 88'44'39 W ALDNG THE SOUTH LINE OF SAID NE /4 FOR 615.14 FEET. THENCE N 1429'48" W 5.00 FEET WEST OF AND PARALLEL TO THE CENTERUNE OF THE GRUA EASEMENT R ECOROED IN BOOK 3319 AT PAGE 64 FOR 1355.29 FEET TO A POINT ON THE - TH LINE OF SAID SE /4 OF NE /4; THENCE N 88'44'40' E FOR 922.21 FEET THE NORTHEAST CORNER OF SAID SE /4 OF NE /4; THENCE 5 1-24'05' E 1319.26 FEET TO THE POINT OF BEGINNING. J TRACT CONTAINS 23.28 ACRES MORE OR LESS. Notes 4HSTRACT OF TITLE OR ATTORNEYS TITLE OPINION NOT AVAILABLE TO SURVEYOR >T DATE OF SURVEY. 'HIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENCUMBRANCES OF RECORD. NO ATTEMPT TO RESEARCH THE COUNTY RECORDS OR OTHER RECORD OFFICES WAS PERFORMED BY THIS FIRM. THEREFORE EASEMENTS MAY AFFECT THE SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS PLAT. ILL UNDERGROUND UHUTIES MAY NOT BE SHOm. THE BEARING BASE FOR THIS SURVEY IS STATE PLANE GRID BEARINGS. V'NO PK NAIL yNE CC.RNER SE/4 NETS �1 im co w b O1a oD :. I 1 Lo I � I I z �I I w I I 1 � �Nr Scale: 1"=100' 0 50 iDo 200 s66 I 1 1 EO R CAP SE CORNER NE /4 SECTION 9 I i -POINT OF BEgNN:NC 61400 615. f4 • SOUiN LINE NE /4 S 88'44'39" W I I Surveyor's Statement 1, KEVIN M. NEWLUN, A REGISTERED LAND SURVEYOR IN INC STATE OF OXLAHOMA, HEREBY CERTIFY THAT THE ABOVE PLAT REPRESENTS A BOUNDARY SURVEY. THE ABOVE PLAT REFLECTS ALL INSTRUMENTS THAT HAVE BEEN DISCLOSED AND FURNISHED AT THE TIME CIF SURVEY. NO OPINION 15 VERSED AS TO THE OWNERSHIP OF FENCES OR ANY OTHER APPURTENANCES ON SAID PROPERTY. BENCHMARK SURVEYING & LAND SERVICES, INC. R�OY�SS I ONH�t MIN M d KEVIN M. NEWLUN RLS 3 1289 N'U c c"IDES x z zeal 1289 r DATE OF CERTIFICATION 3 q3� MA'LAf�A'T' �Ot , / Benchmark Surveying and Land Services, Inc. RENSICNS BY DATE •�1 uw pr. c.h emm FILE. 2114,0912 SURVEY BY: JAG DATE: 10/02/02 CABO: 11016 DRAWN BY; MAR SCALE: BOOR: CHECKED DY: KAIN SHEET 1 E, 1 TrQc4. i Interchange Bpsiness Park.. Lt. IndustriallRpsearch Ice °5.4 A.. Ao AC- !Z:4 -AM Commercial X0.7 Acres os;t�aU/R Ise arch Ind 9 Er., 1"" "Im R ndustriall,, !a,S A� W .11A.13 A- jz, Ij i . . . . . . . Lt, In'dustrial/ Research--* 1 3 Ind i t4.6 A- L.L In ustfial/Rese—i R . qich r I Data Summary: TOTAL PROJECT AREA t 89.3 Gross Acres (!;MS NO A, C �, 6mmetcial/Mtilli-Family COMMERCIAL AREA ±39.9 N.1 A es I KourtisiChar ey Property Maximum Allowable Floor Area (CS) 1 1:1�.g Aa- Maximum Allowable Floor Area (CG) 326.700 sQjj. OFFICE AREA 0.4 WO noes Maximum Allowable Floor Area (OM) LIGHT INDU STRIALIRESEARCH 13220 No Acres "A Maxirri6m Allowable Floor Area (IL) 767,962 sq.IL MULTI-FAMILY (AM -2) Maximum Number of DUs 243 ours _ - -_- )- u-, - t h- -- -- e_ [_0 - - - - -- - -- 696 Rem[461y UO CA Cd J� I O m J 3' Ci 4 a a � 1 r jl�r �r r✓ r r r 0 CP —N- CP, 1 r r Legal Description 4 Scale: 1"=200' II - In I O J"21 WI�I aim Lv 0 L C�a oN SE CORNER NE /4 NE /4 SECTION 9 POB A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE /4 OF NE /4; THENCE S 88 °44'40" W ALONG THE SOUTH LINE OF SAID NE /4 OF NE /4 A DISTANCE OF 922.21 FEET; THENCE N 14 °29'48" W, 5.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 111.98 FEET; THENCE N 88 °44'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE /4 OF NE /4; THENCE S 1 °24'05" E ALONG SAID EAST LINE A DISTANCE OF 109.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 2.34 ACRES MORE OR LESS w0# 11397 FiLEW 2114,0910 DATE: 10/13/03 -1 -� e-1-7-0 c+ 2- A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHEAST QUARTER (N /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 2.34 ACRES MORE OR LESS. Thiessen- portion -legal 11/13/03 MAR A) ew cz (2 i ), ?u DI 1 i�l a. 1 ID 1 N 88'44'40" E lei 1 1 947.58' 1 SOUTH LINE NE /4 NE /4 1 z xA ¢ v N d 10o W `ul 51 1 1 1 1 1 1 Ades w IKA N c t 1 1 1 1 �/T 1 d Y 1 1 1 1 1 Scale: 1 " =200' 11 SE CORNER NE /4 SECTION 9 1 T -21 -N, R -14 -E POINT OF BEGINNING SOUTH LINE NE /4 615.14' l S 88'44'39" W Legal Description A TRACT OF LAND THAT IS PART OF THE EAST HALF (E /2) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE /4; THENCE S 88'44'39" W ALONG THE SOUTH LINE OF SAID NE /4 A DISTANCE OF 615.14 FEET; THENCE N 14'29'48" W, 5.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 1467.27 FEET; THENCE N 88'44'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE /4; THENCE S 1'24'05" E ALONG SAID EAST LINE A DISTANCE OF 1428.27 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 25.62 ACRES MORE OR LESS. Benchmark Surveying and Land Services, Inc. P.O. 80X 1078 PHONE: (918) 274-9781 OWA5.SO, OUMOMA 74055 FAX: (918) 2740807 C.A. NO. 2235 Ems. DATE 5130/04 WO,/ 11442 FILE'# 2114.0910 DATE: 11/13/03 I a I a m DDT, OW CHELSEA PARK A TRACT OF LAND THAT IS PART OF THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (N /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TIUL COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 25.62 ACRES MORE OR LESS. ChelseaPark-legal 11/13/03 MAR NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED s O I ; O t OKLAHONIA OPUDa 03-01 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8`h day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: A TRACT OF LAND THAT IS PART OF THE EAST HALF (E /2) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.E. &M., 'TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE /4; THENCE S 8844'39" W ALONG THE SOUTH LINE OF SAID NE /4 A DISTANCE OF 615.14 FEET; THENCE N 14 °29'48" W, 5.00 FEET WEST OF AND PARALLEL TO TIIE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 1467.27 FEET; THENCE N 88 °44'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE /4; THENCE S 1 °24'05" E ALONG SAID EAST LINE A DISTANCE OF 1428.27 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 25.62 ACRES MORE OR LESS. To be considered is an annexation of approximately 25.624 acres, more or less generally located on the west side of 145`h E. Avenue between E. 106`' St. N. and E. 116`h St. N. 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 rezoning 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 10`' day of November, 2003. City of Owasso Community Development Department �f �,1111 I A 111 �V I TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- CHRIS CROSS PROJECT ENGINEER G/ SUBJECT: ACCEPTANCE OF WATER AND SANITARY SEWER SYSTEM BRADFORD PARK PHASE I-C DATE: December 10, 2003 R A X, 110=0 A final inspection of the water and sanitary sewer system was completed on November 4, 2003 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 water and sanitary sewer system (see attached). Staff recommends Council acceptance of the Bradford Park (Phase I-C) water and sanitary sewer system. 1. Location Map 2. ODEQ Permit Letters 3. Maintenance Bond September 18, 2000 F. Robert Carr, Jr_ [D.E., Direr tor of Public Works City of Owasso Post Office Box 180 207 South Cedar Owasso, Oklahoma 740505-0180 Re: Pert-nit No. SL000072000946 Bradford Park Sewer Line Extension S-21310 Dear Mr. Carr: FRANK KEATiNG Governor Enclosed is Permit No. SL000072000946 for the construction of 2,932 linear feet of eight (8) inch PVC sewer line plus all appurtenances to serve the Bradford Park 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 September 18, 20W.. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved,'In writing, by the Department before changes are made. R n, P. E. DWSRF/Construction Permit Section Water Quality Division RWC/HJT/so Enclosure I'lionlas J. Cobb, P.E., Breisch & Associates, Inc. Wayne Craney, P.E., WPC Section Manager, DEQ Rick Austin, R,S., Regional Director, DEQ 707 NORTH ROBINSON, RO, BOX 1677, OKLAHOMA CITY, OKLAHOMA 731014677 pflnlod on FOGY010d 1111por with noy 111k September 18, 2000 Robert Carr, Jr., P,E., Director of Public Works City of Owasso Post Office Box 180 Owasso, Oklahoma 74055-0180 Re: Permit No. WL000072000946 Bradford Park Water Line Extension PWSID No. 3002718 Dear Mr, Carr: FRANK KEATING Governor Enclosed is Permit No. WL000072000945 for the construction of 4,372 linear feet of six (6) inch PVC water line plus all appurtenances to serve the Bradford Park water line extension, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approv by this department on September 18, 2000. Any deviations from the approved plans a specifications affecting capacity, flow or operation of units must be approved, in writing, by ti Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1 ) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1 ) set for our files. - Very truly yours, Rocky n, P. E. DWSRF/Construction Permit Section Water Quality Division RWC/HJT/so Thomas James Cobb, P.E Breisch & Associates, Inc. Mary Randolph, PWS District Representative, DEQ Rick Austin, R.S., Regional Director, DEQ Nathan Kuhnert, Planning & Management Division, OW] 707 NORTH ROBINSON, PO, BOX 1677, OKLAHOMA (ITY, OKLAHOMA 73101.1677 philod on Inny0nd 111111m with floy Ink ng KNOW ALL MEN BY711-1137SE PRESENTS: DATED tills 26th day of ---- LkAM 20 03 - 'Me condition of this obligation is such that; WHEREAS, said Principal entered into a Contract with OWNER, dated June 2C4 3 Contract #4 Mter & wnitary &mr all in campfian= with tile plans and Specifications therefor, made a part of mid Coutram It is further expressly agreed and understood by ilia parties hereto that no changes or alterallovs W saill rixt Ak uwj� IyUV-14 —,c'f W W'J _ t>4 .da.v Uwl.' 'aw wr i . — sr_ PROVIDED, F131CITI R, that no final settlement between the OWNER amid the Principal shall �a sld c the right of the ather ben fici ly h feunder, whose clahn in ay be unsa llsfied. Ile OWNER is the only beneficiary hereuaider° IN WITNESS WHEREOF, this instruAnent is executed in a coin wrparts, cadA of which shall be deenieal an ord in 1, this the 2G h w_ day of � JUM �20 03 PRINCIPAL, By9 ( SMatixk Gk '74070 �a (8 R A L) (witness as to I10110pal) (Address) x (Witum as to Surety) i a (Address) 3BM S. -Mb E. M M 74145 Date of }BOND must not bo prior to 4ato of Confrad. U COQ partneiihi , A) a partners should execute BOND. TOTAL P.04 NOV-14-2003 09:53 SOUTHWEST GBHERAL lNS. 918 665 8B09 m gm Me NOV-1 oq'C�� ,`"- um Ak BOND RIDER To be attached to and form a part of Bond No. 14908 9 Dated 6/26/03 Ashlock Dozer Service , as Principal in favor of Baptist Retirement Communities of Oklahoma as Obligee. It is understood and agreed that the bond is changed or revised in the particulars as indicated below: Bond is conditioned to guarantee for the period of One year(s) after acceptance by the City of Owasso Said and shall be subject to all its terms, conditions, and limitations, except as herein expressly modified. IN WITNESS WHEREOF, VICTORE INSURANCE COMPANY has caused its corpora(%-, seal to be hereunto affixed this 21st day of November 20 03 (Seal) BY: Leslie Powell #99014816 Attorney-in- Fact VICTORI: INSURANCES COMPANY 5400 N. GRAND BLVD., SUITE 140 OKLAIIOMA CI'T'Y, OKLAHOMA 73112 KNOW ALL MEN BY THESE. PRESENTS UNIM POWER OF ATTORNEY That VICTORS INSURANCE COMPANY a Corporation duly organized under the laws of the State of Oklahoma, having its principal office in Oklahoma City, Oklahoma pursuant to the following resolution which is now in full force and effect: "That the President may from time to time appoint Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his cei-iificate and other writings obligatory in nature of a bond, and such officer or the Board of Directors may at any time remove such appointee and revoke the power and authority given him" does hereby make and appoint: "ANDY Lo DUVALL, DENI DUVALL POWERS, DUNCAN DUVALL*** u� -4ws_ ��..,_.wa�, -..w �..n.,�.� -�I�E r ��I� � "ARr" -- w __ ___.r •u.,. _��..�,eamw®,....nn its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: All bonds except Bail Bonds not to exceed on any single instrument _- - - - - -- * * * ** *UNLIMITED AMOUNTS * * * * * *, .- -- - - -- _- This Power of Attorney is signed and sealed by facsimile under authority of the following Resolution adopted by the Board of Directors of the Company at a meeting called and held on the 12th day of May, 1989. "Resolved, that the signature of the Chairman, Vice Chairman, President, Executive Vice President, Vice President and Assistant Vice Presidents and the seal of the Company maybe affixed by facsimile on any power of attorney granted pursuant to the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company. Any such power so executed and sealed and certified by certificate so executed and scaled shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company" IN WITNESS WHEREOF VICTORS INSURANCE COMPANY has caused these presents to be signed by it President and its corporate seal to be affixed this I s t day of APRIL 1 1998— (STATE OF OKLAHOMA) (County of Oklahoma) On this 1st day of APRIL , 1998 before me , a Notary Public of the State of Oklahoma in and for the county of Oklahoma came Altus E. Wilder, III, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. CERTIFICATE Altus E. Wilder, IH In Testimony Whereof, I have hereunto set my hand, and affixed by official seal at Oklahoma City, Oklahoma the day and year ritten above Notary Public, Oklahoma County, Oklahoma City, Oklahoma My Commission Expires MARCH 10, 2002 e,10118BBBB L / �otWYPt S®� rBrrlll ,1 1, the undersigned, President of VICTORE INSURANCE COMPANY a corporation of the State of Oklahoma DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution ofthe Board of Directors, as set forth in the Certificate or Authority; arc now in force. Signed and Scaled at the said Company at Oklahoma City, Oklahoma, dated this 2 1 St day of Nov(mber , 2003 President Im SUBJECT- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO CHRIS CROSS PROJECT ENGINEER ACCEPTANCE OF SANITARY SEWER SYSTEM HOME DEPOT December 8, 2003 a , v, Final inspections for the sewer system were conducted on November 25, 2003. 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 system (see attached). Staff recommends Council acceptance of the Home Depot sanitary sewer system. 1. Location Map 2. Maintenance Bond 3. ODEQ Permit W z ff 4 0 HOME DEPOT THREE LAKES LAKE 91ST RIDGE 90TH 1-J , IN L E A- P T 6 WALMAR T I S6th 91 ST 19%, GLN7 -RAL PARK RAM PLAZA HIT-! ST ET N FILN. :\location maps and Other\Location\110ME DEPOT LOCATION.DWG, 12/8/2003 2:55:13 PM, MIJ 2\PWLSR, ser-13 0 w I as Principal and United Fire & Casualty Company, an Iowa Corporation, having its principal place of business in the City of Cedar Rapids and State of Iowa as Surety, are held and firmly bound Unto - The City of Owasso, OK _ as Obligee, in the penal SUM Of — Fifty-nixie Thousand Five Hundred Thirty and 00 /100--- --»w-- ------------------- Dollars ($ 59,530.00 ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. SIGNED, sealed and dated this 2nd day of December 2003 WHEREAS the said Principal has constructed certain improvements described as follows: Pursuant to the contract between the Principal and Jig Heineman & Sons, Inc. Public Waterline to serve Home Depot Store #8922, Owasso, OK WHICH said improvements have been constructed to conform with specifications prepared by: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if paid in full under the contract, the said Principal shall maintain said improvements for a period of one year from the date of substantial completion of the work, against any failure due to defective workmanship or materials, then this obligation shall be null and void. Bond is modified as follows: Bond is good for 1 year after date of acceptance of work by the City of Owasso. The Obligee, by and through its proper representative, shall give the Principal and the Surety written notice of all repairs required to fulfill the terms of this maintenance guarantee; and the said Principal and Surety shall, after receipt of any such notice, be allowed a reasonable period of time in which to make any such repairs. Carter Excavating, Inc. 5 MAINTENANCE BOND No. 54-143311 KNOW ALL MEN BY THESE PRESENTS, THAT WE — Carter Excavating, Inc. as Principal and United Fire & Casualty Company, an Iowa Corporation, having its principal place of business in the City of Cedar Rapids and State of Iowa as Surety, are held and The City of Owasso, OK firmly bound unto as Obligee, in the penal sum of - -sixty-nine Thousand Five Hundred and 00 /100 ----- -- - -- ---- ------ - --- -- Vie_.- -m ® -mm Dollars ($ , 69,500.00 ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. SIGNED, sealed and dated this 2nd day of December 2003 WHEREAS the said Principal has constructed certain improvements described as follows: Pursuant to the contract between the Principal and JR Heineman & Sons, Inc. Public Sanitary Sewer to serve Home Depot Store #8922, Owasso, OK WHICH said improvements have been constructed to conform with specifications prepared by: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if paid in full under the contract, the said Principal shall maintain said improvements for a period of one year from the date of substantial completion of the work, against any failure due to defective workmanship or materials, then this obligation shall be null and void. Bond is modified as follows: Bond is good for 1 year after date of acceptance of work by the City of Owasso. The Obligee, by and through its proper representative, shall give the Principal and the Surety written notice of all repairs required to fulfill the terms of this maintenance guarantee; and the said Principal and Surety shall, after receipt of any such notice, be allowed a reasonable period of time in which to make any such repairs. Cat-ter Excavating, Inc. (Principal) By: 11M., ON= June 9, 2003 F.Robert Carr, P.E, Public Works Director City ofOwasso 301 West 2nd Avenue Owasso, Oklahoma 74O55 Re: Permit No. S Home Depot Sanitary Sewer Line Extension S-21310 Dear Mr. Carr: BRAD HENRY Governor ��������o���� » »������u �K��� ]MN� �7UM� ��'" � � ��w� Enclosed is Permit No. SLU00072030472 for the construction of 1'295 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Home Depot 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 June 5.20O1 Any deviations from the approved plans and specifications affecting capacity. flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which d should be made o matter of permanent record. We are returning one (1) set of the approved plans to you, sending two (2) sets to your engineer and retaining one (1) set for our files. QumoyKabard.B. DVVS Permit Section Water Quality Division MMUM .1 Enclosure Ole M.Murcussen.PE. Spear &K4oCaebCompany Rick Austin, R.S, Regional Manager, DEO 07 NORTH RO*|NSON P.O. BOX l6J7, OKLAHOMA CITY, OKLAHOMA 73Nl'l677 printod on rocyclod pilpot with soy Ink Permit No,S PERMIT TO CONSTRUCT BRAD HENRY Governor Pursuant hm(}.S.27A2-G-4D1, the Cityof Owasso |aherebvgranbed this Tier | Permit k> construct 1.295linear feet ofeight (8) inch PVC sanitary sewer line and all appurtenances to serve the Home Depot sewer line extension, located in the NE/4mf Section 2O.7-21N.R-14E' City of Owasso, Tulsa County, Oklahoma, in accordance with the plans and specifications approved onJune 5.20O3. Bv acceptance ofthis permit, the permittee agrees to operate and maintain the facilities in accordance with Discharge -OPDES(NPDES)rules OAC 252:605 and to comply with the state certification laws, Title 5Q. Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for, certified operators. This permit ieissued subject tothe following provisions and conditions. 1) That the recipient mf the permit ksresponsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656-5-4(c)(3) of the Standards for Water Pollution Control Construction Standards. q') That tests will be conducted as necessary to insure that the construction of the sewer lines W94 prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diametef per mile per day. O\ That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. � 707 NORTH KO8N0N,PO. BOX l67[ OKLAHOMA OT� OKLAHOMA 73101')677 printod on recyclod papor with soy Ink PERMIT TO CONSTRUCT BRAD HENRY Governor Permit No.SL000072030472 8> That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved bv the Department before any such deviations are made |n the construction ofthis 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards Ox\C 252:628-19-2(8)(A) and C]AC 252:626-19'2/8>/B� respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard CIAC 252:656-5- Failure to appeal the conditions of this permit in writing within 38days from the date of issue will constitute acceptance of the permit and all conditions or provisions. inn Ward, P.E, Engineering Manager, DVVSRF/ Water Quality Division I 07 NORTH N0|NS&N,G\ BOX lQ7, OKLAHOMA CITY, OKLAHOMA 73l0l-l677 printed oil recycled paper with soy Ink X "I", v 11) Ww'" SUBJECT: REACCEPTANCE OF BENEFICIAL INTEREST IN METROPOLITAN ENVIRONMENTAL TRUST, AS AMENDED DATE. DECEMBER 11, 2003 In August 1988, the Northeast Oklahoma Solid Waste Management Authority was created, The Authority later became known by its present designation as The Metropolitan Environmental Trust (The M.e.t.). The original beneficiaries were the cities of Bixby, Coweta, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa and Tulsa, the Towns of Mounds and Sperry and the Counties of Tulsa and Wagoner. Since that time, various entities have relinquished beneficial interest in the Trust and the City of Broken Arrow has been added. Due to challenges in ensuring adequate landfill capacity for municipal refuse disposal, the original Trust indenture detailed purposes that were intended to provide an option for handling and disposal of solid waste. Since that time, landfill capacities have increased and the emphasis has shifted to recycling and collection of household hazardous materials that could enter the waste stream. In addition to the Recycle Center independently operated by the City of Owasso, eleven (11) other recycle centers are M.e.t.-operated and maintained. Two (2) Hazardous Household Pollutant (H11P) Collection Events are held each year. Also, numerous environmental-related education and training functions are provided. The City of Owasso Refuse Collection budget includes funds for a portion of the administrative and HIP collection events. The city does not have beneficial interest in the M.e.t. recycle center operations. A Recently, the City of Collinsville has requested to become a member of the Trust and has been approved to be included as a beneficiary by the M.e.t. Board. Endorsement of the amendment by the City Council is needed to approve the addition of the City of Collinsville. Page 2 Reacceptance of Beneficial Interest Trust Metropolitan Environmental Trust The amended Trust Indenture is included in this packet. The Amendment and original Trust Indenture have been reviewed by the City Attorney, The designated Trustee for the City of Owasso is Robert Carr (Public Works Director). Following approval by the City council, amendment of the Trust Indenture is to be signed by the Owasso Trustee. [IN"MOU 113L VVINI Staff recommends Council approve the addition of the City of Collinsville in the Metropolitan Environmental Trust by reacceptance of beneficial interest in the Trust, as amended. 1. Letter from The M.e.t. dated December 5, 2003 2. Amendment to Declaration of Trust (Metropolitan Environmental Trust) 3. Original Trust Indenture h >a Mr- 120 tr r 1t: s }l 'r Yesterday, the Board approved an amendment to include the City of Collinsville as a member of The M.e.t. Attached is a copy of the amendment as well as a copy of the 1987 trust indenture. You will need to endorse this amendment through your approval process (i.e. city council, board etc.). Please submit this to the proper channels for their approval. Our attorney, Darita Huckabee, recommended that your city council (board) agenda be written as follows: "Consider, discuss and take possible action on: Amendment to Declaration of Trust creating the Metropolitan Environmental Trust. " As soon as this approval process is complete then Ms. IIuckabee or a M.e.t. staff person will visit each trustee for their individual signature on an original amendment. Sincerely, Michael Patton Executive Director 201 WEST STI-I STREET SUITE 600 TULSA, OKLAHOMA 74103 CITIES BIXBY BROKEN ARROW GLENPOOL JENKS OWASSO COUNTY TULSA GO 918/584 -0584 FAX 918/584 -0594 SAND SPRINGS SAPULPA TULSA Approved by M. e, t. Board on 1214103 RECITATIONS AMENDMENTS The undersigned, being all the Trustees of the Metropolitan Environmental Truda hereby agree to an amendment to the Trust Indenture as follows. I 1. The Beneficiaries of this Trust shall be the Cities of Bixby, Broken Arrow, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa and Tulsa and the County of Tulsa. The Trustees, by their signature below, ratify and reincorporate the changes made to the Trust Indenture as recorded in the Recitations above and adopt the Amendments as identified above. The remainder of the Trust Indenture shall remain in full force and effect. DONE, this _ day of 2003. 'Trustee, Bixby Trustee, Jenks Trustee, Tulsa Trustee, Broken Arrow Trustee, Collinsville Trustee, Glenpool Trustee, Owasso Trustee, Tulsa County Trustee, Sapulpa a TRUST INDENTURE ARTICLE I The undersigned Trustors create and establish a trust for the use and benefit of the Cities of Bixby, Coweta, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa and Tulsa, the Towns of Mounds and Sp6 ry and the Counties of Tulsa and Wagoner and for the public purposes hereinafter set forth, under the provisions of Title 60, Oklahoma Statutes, Section 176 eta seq., as amended, the Oklahoma Trust Act and other applicable statutes of the State of Oklahoma. ARTICLE II The name of this Trust shall be the "Northeast Oklahoma Solid Waste Management Authority ", hereinafter referred to as the "Trust". Under that name it shall, so far as practicable, conduct all business and execute all instru- ments, and otherwise perform its duties and functions in the execution of this Trust, ARTICLE III The purposes of this Trust are: 1. To receive from public and private collectors in the region solid waste including refuse, trash, garbage, sludges and other discarded or salvageable solid materials as specified in the Oklahoma Solid Waste Management Act and any amendments or successors thereto and process, transfer, transport, convert, recover, recycle, or reclaim such solid-waste, fuel and usable materials and products and sell the same and to dispose of non - usable solid waste by burial, incineration or other methods. 20 To plan, establish, develop, acquire, construct, purchase, install, repair-, enlarge, improve, maintain, equip, finance and refinance, operate and regulate public solid waste processing or disposal systems and facilities and to close and monitor facilities according to regulations either within or without the territorial boundaries of the beneficiaries of the Trust, including but not limited to the purchasing, leasing, construction, installation, equipping, maintenance and operation of such buildings, equipment, machinery and other facilities necessary for the processing of refuse and solid waste, and the purchasing or leasing of transportation vehicles, equipment and facilities. 3. To hold, maintain and administer any leasehold eights in and to physi- cal properties demised to the beneficiaries and to comply with the terms and conditions of any such lease. 4> To acquire by lease, purchase or otherwise,'and to plans establish, develop, construct, enlarge, improve, mainta'i'n, equip, operate and regulate any and all physical properties designated or needful for utilization in the fur- nishing and providing of services, in connection with public solid waste pro- cessing and disposal systems and facilities, and to dispose of, rent or otherwise make provisions for properties owned by the Trust but no longer need- ful for trust purposes, 5e To provide funds for.the cost of financing, acquiring, constructing, leasing, equipping, maintaining, repairing and operating public solid waste pro- cessing systems and facilities and buildings and other - -.improvements thereto, and all properties, real, personal or mixed, required for execution and fulfilling the trust purposes as set forth in•this instrument, and all other charges, costs and expenses necessarily incurred in connection therewith and in so doing, to incur indebtedness, either unsecured or secured by all or any part of the Trust Estate and its revenues, 6e 'To expend all funds coming into -the hands of the Trustees as revenue or otherwise in the payment of any indebtedness incurred by the Trustees for pur- poses specified herein, and in the payment of the costs and expenses thereof, and in the payment of any other obligation properly chargeable against the Trust Estate, and to distribute the remainder of such funds to the beneficiaries hereof. ARTICLE IV The Trust shall have duration for the term of duration of the beneficiaries and until such time as its purpose shall have been fully fulfilled, or until it shall be terminated as hereinafter provided, ARTICLE V The Trust Estate shall consist of: 1. The funds and property presently in the hands of the Trustees or to be acquired or constructed by Trustees and dedicated by the Trustees and others to be used for trust purposes. 20 Any and all leasehold rights demised to the Trustees by its benefi- ciaries as authorized and empowered by law, 3. Any and all money, property, real, personal or mixed, rights, chosen in actions, contracts, leases, privileges, immunities, franchises, benefits and all other things of value coming into the possession of the Trustees pursuant to the provisions of this Trust Indenture, 4o Cash in hand. The instruments executed for each project, and each issuance of Bonds and other indebtedness, shall set out the specific property of the Trust Estate exclusively pledged and mortgaged for the payment of such indebtedness, ARTICLE VI The Trustees 1m There shall be (12) Trustees of this Trust. The governing body of each of the beneficiaries of the Trust shall designate one Trustee. Each governing body shall establish the term of office of its trustee and the cri- teria for removal of its trustee. Trustees shall serve until their successors have been duly appointed and qualified. Successor Trustees duly appointed and qualified shall, without any further act or conveyance, become fully vested with all of the estate, proper- ties, rights, powers, duties and obligations of their predecessors hereunder with like effect as if originally named as Trustee. 20 The Trustees shall, during their terms of office, be subject to removal only by action of the District Court of Tulsa County for good cause shown, 3. No Trustee shall be paid any compensation of any kind for his services as a Trustee of this Trust. However, Trustees may be reimbursed.for expenses incurred in the performance of their duties hereunder. 4® Bonds or other evidences of indebtedness to be issued by the Trustees shall not constitute an indebtedness of the State of Oklahoma, nor of the Beneficiaries, nor personal obligations of the Trustees of the Trust but shall constitute obligations.of the Trustees payable solely from the Trust Estate. No indebtedness shall be incurred by the Trustees without the prior approval of two - thirds of the beneficiary governing bodies, both as to the purpose and amount of the indebtedness. 5. The Trustees, the State of Oklahoma, and the Beneficiaries hereof shall not be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in good faith or in the exercise of their honest discretion in the performance of such Trust or in the operation of the Trust Estates but any act or liability for any omission or obligation of the Trustees in the execution of such Trust, or in the operation of the Trust Estate, shall extend to the whole of the Trust Estate or so much thereof as may be necessary to discharge such liability or obligation. 6m Notwithstanding any other provisions of this Indenture which shall appear to provide otherwise, no Trustee or Trustees shall have the power or authority to bind or obligate any other Trustee, or Beneficiary, in his or its capacity, nor can the Beneficiary bind or obligate the Trust or any individual Trustee, M 7, The Trustees shall adopt bylaws for the conduct of their business, and shall elect a Chairman from their members who shall preside at all meetings and perform other duties designated by the Trustees. The Trustees shall elect a Vice Chairman from their members who shall act as Chairman during the temporary absence or disability of the Chairman. If a vacancy occurs in the office of Chairman or Vice Chairman, the Trustees shall elect a successor from their mem- bers. The Trustees shall designate the time and place of all regular meetings, which meetings shall be public, except for instances wherein executive sessions are authorized by State law. Except as otherwise provided herein or as required by state law, all actions by the Trustees pursuant to the provisions of this Trust Indenture shall be approved by the affirmative vote of at least a majority of the Trustees present at a meeting where a quorum is present, A quorum of the Trustees is defined as seven duly appointed Trustees. 7� 8. The Trustees shall file with the governing bodies of'the Beneficiaries a certified copy of the annual audit made of the funds, accounts, and fiscal affairs of the Trust at the time as is required by Section 180.3 Title 60, Oklahoma Statutes Annotated. 9 The governing body of each of each of the Beneficiaries shall have the right to conduct or have conducted a complete audit of the funds, accounts and fiscal affairs of the Trust at any time at its discretion, and at the expense of the requesting governing body„ 10. The whole title, legal.and equitable, to the properties of the Trust is and shall be vested in the Trustees, as such title in the Trustees is necessary for the due execution of this Trust, The Trustees shall have and exercise exclusive management and control of the properties of the Trust Estate for the use and benefit of the Beneficiary. The Trustees may contract for the furnishing of any services or the perfor- mance of any duties that they may deem necessary, or proper, and pay for the same as they see fit. 12. The Trustees may compromise any debts or claims of or against the Trust Estate, and may adjust any dispute in relation to such debts or claims by arbitration or otherwise and may pay any debts or claims against the Trust Estate upon any evidence deemed by the Trustees to be sufficient. The Trustees may bring any suit or action, which in their judgment is necessary or proper to protect the interest of the Trust Estate, or to enforce any claim, demand or contract for the Trusts and they shall defend, in their discretion, any suit against the Trust, or the Trustees or employees, agents or servants thereof, They may compromise and settle any suit or action, and discharge the same out of assets of the Trust Estate, together with court costs and attorneys' fees. All of such expenditures shall be deemed proper expenses of executing this Trust, ARTICLE VII Powers and Duties of the Trustees To accomplish the purposes of the Trust, and subject to the provisions and limitations otherwise provided in this Trust Indenture, the Trustees shall have, in addition to the usual powers incident to their office and the powers granted to them by statute and in other parts of this Trust Indenture, the following rights, powers, duties, authority, discretion and privileges: 1, To finance, acquire, establish, develop, construct, enlarge, improve, extend, maintain, equip, operate, lease, furnish, provide, supply, regulate, hold, store, and administer any of the systems and facilities designated pursuant to Article III hereof as the Trustees shall determine necessary for the benefit and development of the Beneficiaries. 2. To employ architectural and engineering firms or consultants as the Trustees deem necessary to prepare such preliminary or detailed studies, plans, specificatins, cost estimates and feasibility reports as are required in the opinion of the Trustees. The costs of such engineers, architects and con- sultants shall be paid out of the proceeds of the sale of bonds or from such other funds as may be available therefor, M 3. To enter into contracts for the sale of bonds, notes or other evidences of indebtedness or obligations of the Trust for the purpose of acquiring or constructing works, systems and facilities authorized to be acquired or constructed pursuant to the terms of this Trust Indenture and for that purpose may: (a) Employ a financial advisor, or committee of advisors, to advise and assist the Trustees in the marketing of such bonds, notes or other evidences of indebtedness or obligations, and to present financial plans for the financing of the acquisition or construction of each project, and to recommend to, or con- sult with, the Trustees concerning the terms and provisions of bond indentures and bond issues, and may pay appropriate compensation for such work and services performed in the furtherance of the project; (o) Sell all bonds, notes or other evidences of indebtedness or obli- gations of the Trust in installments or series and on such terms and conditions and in such manner as the Trustees shall deem to be in the best interest of the Trust Estate subject to the prov'is'ions of Title 60, Oklahoma Statutes, Section 176, et, seq., as amended; and (c) Appoint and compensate attorneys, paying agencies and corporate trustees in connection with the issuance of any such bonds, notes, evidences of indebtedness or other obligations of the Trust. 4. To purchase, lease, or otherwise acquire property, real, personal or mixed; to enter into and execute contracts, leases, and operating agreements. S To make and change investments, to convert real into personal property, and vice versa, to lease, improve, exchange or sell, at public or private sale, upon such terms as they deem proper, and to resell, at any time and as often as they deem advisable, any or all the property in the Trust, to refund outstanding bonded indebtedness and to execute therefor bonds, notes, or other evidences of indebtedness, or obligations, and to secure the same by mortgage, lien, pledge or otherwise; to purchase property from any individuals, partnerships, asso- ciations, corporations, and others, 'including the United States of America or ,the State of Oklahoma and agencies, authorities or trusts of the United States of America, or of the State of Oklahoma, or of any municipality thereof, and also including all municipal or other political subdivisions of the State of Oklahoma as well as the beneficiaries hereof, and lease or sublease land and other property to and from the Beneficiaries or others and construct, improve, repair, extend, remodel, and equip buildings, improvements and other facilities thereon and to operate or lease or rent the same to individuals, partnerships, associations, corporations, and others, including the United States of America or the State of Oklahoma and agencies, authorities or Trusts of the United States of America, or of the State of Oklahoma, or of any municipality thereof, and also including all municipal or other political subdivisions of the State of Oklahoma as well as the Beneficiaries hereof, and to do all things to accomplish the purposes set out in Article III of this Trust Indenture, and procure funds necessary for such purpose by the sale of bonds or other evidences of indebted- ness by mortgages, liens, pledges or other encumbrances of such real and per- sonal property, buildings, improvements and other facilities owned or otherwise acquired, leased or controlled by Trustees, and by rentals, income, receipts and profits therefrom, or from any other revenues associated with the ownership, operation or control of the property of the Trust; to lease or sublease any pro - perty of the Trust, or of which the Trustees may become the owners or lessees® 6. To fix, demand and collect charges, rentals and fees for the services and facilities of the Trust and to discontinue furnishing of services and facilities to any person, firm or corporation, or public instrumentality, delinquent in the payment of any indebtedness to the Trust; to purchase and sell such supplies, goods, and commodities as are incident to the operation of its properties® °- 7. To mane and. rarfcrrr: eon trQc rs of "y k i n , including manage ~lent and operating contracts, with any person, firm, corporation, association, trusteeship, municipality, government or sovereignty; and subject to the provi- sions of Article VII(3) set forth above without limit as to amount to draw, make, accept, endorse, assume, guarantee, account, execute and issue promissory notes, drafts, bills of exchange, acceptances, warranties, bonds, debentures, and other negotiable or non-negotiable instruments, obligations and evidences of unsecured indebtedness, or of indebtedness secured by mortgage, deed or trust or otherwise upon any or all income of the Trust, in the same manner and to the same extent as a natural person might or could do; to collect and receive any property, money, rents, or income of any sort and distribute the same or any portion thereof for the furtherance of the authorized Trust purposes set out herein. ME 8, To the extent permitted by State law, to bind others by their duly authorized decisions and actions taken on their behalf, or failures to take action on their behalf, and as provided for in the Trust Agreement, 9. To take whatever actions may be appropriate and whatever actions may be directed by a Majority of the Trustees to cure any default by a Beneficiary pur- suant to the Trust Agreements, 10, To do all other acts in their judgment necessary or desirable for the proper° and advantageous management, investment, and distribution of the Trust Estate and income therefrom. ARTICLE VIII Beneficiaries of Trust 1� The Beneficiaries of this Trust shall be the Cities of Bixby, Coweta, Olenpool, Jenks, Owasso, Sand Springs, Sapulpa and Tulsa, the Towns of Mounds and Sperry and the Counties of Tulsa and Wagoner, 2„ The Beneficiaries shall have no legal title, claim or right to the Trust Estate, its income, or to any part thereof or to demand or require any partition or distribution thereof, Neither shall the Beneficiaries have any authority, power or right whatsoever, to do or transact any business for, or on behalf of, or binding upon the Trustees or upon the Trust Estate, nor the right to control or direct the actions of the Trustees pertaining to the Trust Estate, or any part thereof. The Beneficiaries shall be entitled soley to the benefits of this Trust, as administered by the Trustees hereunder, and at the termination of the Trust, as provided herein, and then only the Beneficiaries shall receive the residue of the Trust Estate, to be distributed in accordance with the Trust Agreement. 3, If, after the effective date of the Trust Agreement, governments desire to join with the Beneficiaries of the Trust in accomplishing the purposes of the Trust, provisions may be made for additional beneficiaries to the trust. Said governments shall make such contributions to the Trust Estate as the Trustees deem appropriate to offset the costs and expenses of additional services, systems and facilities required to serve their portion of additional wastes streams together with an amount reflecting previous contributions of the Beneficiaries of initiating, establishing, developing, acquiring, constructing, maintaining or repairing the Trust Estate. ARTICLE IX Secretary of Trust The Trustees shall appoint a Secretary of the Trustees to serve at their .rill, with compensation as set by themselves. The Secretary shall keep minutes of all meetings of the Trustees and shall maintain complete and accurate records of all their financial transactions, all such minutes, books and records to be on file in the principal office of the Trust. All meetings of the Trustees shall, except for instances wherein executive sessions are authorized by State law, be open to the public and conducted in accord with the provisions of the Oklahoma Public Fleeting Law and the bonds, records and minutes of the Trustees shall be considered as public records and available for inspection at all times by an interested party. ARTICLE X Termination of Trust This Trust ;;Mall terminate: 1. When the purposes set out in Article III of this instrument shall have been fully executed; or -5- 2, In the manner provided by Title 60, Oklahoma Statutes, Section 160, provided, however, that this Trust shall not be terminated by voluntary action if there be outstanding indebtedness or fixed term obligations of the Trustees, unless all owners of such indebtedness or obligations shall have consented in writing to such- termination. Upon the termination of this Trust, the Trustees shall proceed to conclude the affairs of this Trust, and after payment of all debts, expenses and obliga- tions out of the moneys and properties of the Trust Estate to the extent thereof, shall distribute the residue of the money and properties of the Trust Estate to the Beneficiaries hereunder. Upon final distribution, the powers, duties and authority of the Trustees hereunder shall cease, ARTICLE XI The Trustees accept the Trust herein created and provided for, and agree to carry out the provisions of this Trust Indenture on their part to be performed, IN WITNESS WHEREOF, the Trustor and the Trustees have hereunto set their hands on the day and year indicated, assn Young, rustor �° - - -- - Trustee, City of Bix y _ Date Trustee, City o Sapu pa — _-D—ate rust,,. City o oweta — Date - Trustee, City n Tu sa - Date ruses, City o G enpoo — rus ee, o o Mounts p ®`" Date Trustee, City of Jen s Date Trustee, Town of Sperry ®ate Trustee, City of Owasso Date Trustee, County of Tulsa Date TO: HONORABLE MAYOR AND CITY COUNCIL RODNEY J. RAY CITY MANAGER SUBJECT. a a SOLUTION TO CALL ELECTIONS — COUNCIL, WA ATE. December 129 2003 as �P Pursuant to the provisions of the Owasso City Charter governing the election of City Council members, the Council shall take action by Resolution to call any necessary Ward Elections. Such election is needed for Ward 5 for a three year term. Staff has prepared Resolution #200315 which, if approved by Council, calls for an election to be conducted for Ward 5 and allows for proper notification to the Tulsa County Election Board. It also identifies the process that must be followed to meet all legal requirements. The filing period for interested candidates is February 2, 3, and 4, 2004. All candidates must file a Declaration of Candidacy with the Tulsa County Election Board between the hours of 8:00 AM and 5:00 PM on either of these dates. Only qualified electors who have resided in Ward 5 for at least six months prior to filing a declaration of candidacy shall be qualified to hold the office of Ward 5 Council Member. All registered voters residing within the city limits of the City of Owasso may vote in the election. The primary election is set by the City Charter and will be held on March 2, 2004. Should one of the candidates not receive the majority of all votes cast for Ward 5, a general election will be called. The general election, if necessary, will be held on April 6, 2004. The elected Councilor will be sworn into office at the May 4, 2004 City Council meeting. CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2003 -15 NOTICE OF ELECTIONS. AND CERTIFICATION WHEREAS, a Primary Election shall be held on the 2nd day of March, 2004 for the purpose of electing Council Members to the City of Owasso, forwards and terms as follows: WA W2 NO. TERM 5 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 6, 2004 to elect said Council Member. 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 2, 2004. 2. That the General Election thereafter, if necessary, be held on April 6, 2004. 3. Only qualified electors of the City of Owasso who reside in the respective ward 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 2, 2004 through February 4, 2004 for the Primary Election. PASSED AND APPROVED thisl6th day of December, 2003 by the City Council of the City of Owasso, Oklahoma. Gary Cochran, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney TO- CITY COUNCIL CITY OF OWASSO FROM: GARY COCHRAN MAYOR SUBJECT- MAYOR'S NOMINATIONS TO BOARDS/COMMITTEES DATE- December 11, 2003 BACKGROUND: Former Councilor Helm's resignation from the City Council has left two positions on key boards and committees vacant. As the Council's representative, Councilor Helm served on the INCOG Board of Directors and the Owasso Economic Development Authority. There is a need to fill those vacancies and I have requested an agenda item for that purpose. Traditionally, the City has been represented on the INCOG Board of Directors by the Mayor (with the City Manager as the alternate). Conversely, the Council representative position on the OEDA has rotated through the Council. Neither I nor Vice Mayor Kimball, due to other committee assignments or scheduling conflicts, can fill the vacancies. Pursuant to authority contained in Article 2, Section 2-4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members of various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Ccuticil confirmation the following appointments to the positions indicated: INCOG BOARD OF DIRECTORS (Term Ending 4/30/04) Mr. Craig Thoendel, Councilor Mr. Rodney Ray, City Manager Alternate OWASSO ECONOMIC DEVELOPMENT AUTHORITY (Term Ending 6/30/04) Mr. Steve Cataudella, Councilor I f AX L I'D 7XV, ff I I request Council confirmation of the above appointments. 111y"IMMIRM, Off"I TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: Timo'rHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: EXECUTIVE SESSION DATE- DECEMBER 11, 2003 Pursuant to direction provided at the December 9, 2003 Council work session, I have placed an Executive Session item on the December 16, 2003 City Council agenda in order to allow for discussion and review of the evaluation of Owasso City Manager, Rodney Ray. 'ro: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF 2004 CONTRACT FOR CITY MANAGER SERVICES DATE: December 119 2003 1130�— 5911 1 01, The contract has been placed on the December 169 2003 agenda for action. ATTACHMENTS: 1, Proposed Contract 2. Contract for 2003 THIS AORICFMFNT, made and entered into this 16"' day of December, 2003, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City" and Rodney J Ray, hereinafter called "Manager ". WITNFSSETH. WHEREAS, City desires to employ the services of Rodney J Ray as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3 -1 of the Charter of the City of Owasso, Oklahoma; WHERE, AS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHERE AS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: MUM= The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. Section 2. Term A. ' Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3w1(b) of .the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section 10 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section 14 of this agreement. C. The term of this Agreement shall be from January 1, 2004 until December 31, 2004. Section 3. Salary The City agrees to pay the Manager for his services an annual base salary of Ninety -Seven Thousand Dollars ($97,000.00) beginning January 1, 2004. Of that amount $80,000 shall be paid in twenty -six payment of equal amounts; and $17,000 shall be paid in a one -time lump sum payment within sixty days of the effective date of this contract. provided, however, that in the event of the separation of the manager from the employment of the City, the Manager shall be required to return to the City a pro rata portion of the lump sum payment. Section 4o Deferred Compensation In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10 %) of Manager's annualized base compensation for the purpose of the managers retirement program. Such payment to be made as a onetime lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations of the operating and /or capital budgets. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropriate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to fixture performance. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. D. All evaluation sessions will be held in executive session as allowed by the Open Meetings Act. 2003 Employment Agreement RJR - Page 2 During the term of this Agreement, the Manager shall be a full time City Manager. The Manager agrees to remain in the exclusive employment of the City until this Agreement is terminated and not to work in the employment of another employer earlier than the date of termination. Outside employment shall not be construed to include occasional teaching, writing or consulting performed on the Manager's time off. Section 7. Compensatory Time Off It is recognized that the Manager must devote a great deal of time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time off as he deems appropriate during normal office hours. A. The City Manager will be credited with three (3) weeks vacation leave during the term hereof. Vacation time shall accrue at a rate of 10 hours per month. B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accruing sick leave until such time has passed that Manager would have accrued the original two hundred forty (240) hours. Thereafter, Manager shall accrue sick leave at the same rate as other employees of the City, and the method of accrual and use of such leave shall be governed by the Ordinances of the City and applicable rules and regulations. C. The Manager shall receive all other forms of paid leave extended to other employees of the City. The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage under COBRA at his expense, regardless of the reasons for separation from employment. A. The City shall pay severance benefit to the Manager during the teen of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defincd herein if he is released from service for any reason except cause as defined herein. However, should the Manager leave 2003 Employment Agreement RJR- Page 3 during the term of this agreement for any other municipal position in another municipality, Manager agrees to reimburse the City the equivalent of a full six month's base salary. B. The parties hereto expressly agree no severance payment as defined in Section 10A shall be paid if the Manager is terminated daring the term of this Agreement for cause. C. Cause shall be defined as including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. D. In the event the Council at any time during the term of this Agreement reduces the salary or other benefits of the Manager in a greater percentage than an applicable across-the- board reduction for all other employees of the City, or the City Charter of the City of Owasso, Oklahoma, is amended to delete the Council /Manager form of government, or the Council acts to terminate, then the Manager may, at his option, be deemed to be terminated effective at the date of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. E. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section 10A. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. F. If the Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section 10A. In addition thereto, Manager shall be compensated for any accrued vacation not used, holidays, and any other accrued benefits. G. If Manager shall die during any period in which payments are being made in accordance with Section 10A, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section l0A will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the Manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. 1. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to terminate this Agreement. 2003 Employment Agreement RJR - race 4 A. In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and functions before, during, and after normal work hours. B. The City recognizes that certain expenses of a generally job - affiliated nature are incurred by the Manager in the course of his duties and agrees to pay the Manager each month for such expenses. Detailed receipts mast be presented before reimbursement is approved. C. The City will pay the premiums of any fidelity bonds required of manager by the Charter and Ordinances of the City or otherwise as may be required by State Law. Section 12. Dues and Subscriptions The City agrees to budget and pay for the professional dues and subscriptions of the Manager necessary for his membership in the City Managers Association of Oklahoma. Section 13® Defense and Indemnification The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefor, all as set forth in 'Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. The City and Manager agree that negotiations for the renewal of this contract should begin no later than October 1, 2004. If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non - renewal no later than sixty (60) days prior to the expiration date hereof, or October 31, 2004. If, and in the event, City shall fail to give written notice of non - renewal within the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein for the entire upcoming calendar year, and /or a successor agreement with an effective date of January 1, 2005, is entered into for the entire calendar year, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. 2003 Employment Agreement RJR - Page 5 Upon affirmative vote by a majority of the governing body prior to December 31, 2004, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and such resignation shall not waive the City of any obligations set forth in the first paragraph of this Section and the City shall be obligated for the full six (6) months severance, regardless of the date of the Manager's resignation. Section 15. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States postal service, postage prepaid, addressed as follows: CITY; City Council PO Box 180 Owasso, OIL 74055 MANAGER: Rodney J Ray 8503 N 100'h East Ave Owasso, OIL 74055 Alternatively, notices may be personally served on the parties. Notice shall be deemed given as of the date of personal service or as of the date of deposit of written notice in the United States postal service. A. The text herein shall constitute the entire agreement between the parties. This Agreement supersedes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carry over into the term hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or Federal law. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be construed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. D. Titles of this Agreement are for reference and convenience only, and shall not be construed to modify the specific terms hereof. E. This agreement is specifically subject to appropriation of moneys to fund same for the calendar year January 1, 2004 through December 31, 2004. 2003 Employment Agreement RJR e Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. Sherry Bishop, City Clerk CITY OF OWASSO, OKLAHOMA By :__ __w_ __ _ Gary Cochran, Mayor Rodney I Ray Approved as to form and legality on the day of , 20030 Ron Cates, City Attorney 2003 Employment Agreement RJR - Page 7 THIS AGRE EMEN"T, made and entered into this 17"' day of December, 2002, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City", and Rodney J lay, hereinafter called "Manager". ITNESSETH WHEREAS, AS, City desires to employ the services of Rodney J Ray as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3-1 of the Charter of the City of Owasso, Oklahoma; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Scction 1. Duties The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3 -1(b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section 10 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section 14 of this agreement. C. The term of this Agreement shall be from January 1, 2003 until December 31, 2003. Section 3. Salary The City agrees to pay the Manager for his services an annual base salary of Ninety -Seven Thousand Dollars ($97,000.00) beginning January 1, 2003. Of that amount $30,000 shall be paid in twenty-six payment of equal amounts; and $17,000 shall be paid in a onetime lump sum payment within sixty days of the effective date of this contract. provided, however, that in the event of the separation of the manager from the employment of the City, the Manager shall be required to return to the City a pro rata portion of the lump sum payment. In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10 %) of Manager's annualized base compensation for the purpose of the managers retirement program. Such payment to be made as a onetime lump sum payment due within ten days of the beginning of the contract. provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager- shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations of the operating and /or capital budgets. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropriate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to fixture performance. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. D. All evaluation sessions will be held in executive session as allowed by the Open Meetings Act. 2003 Employment Agreement RJR - Pace 2 Section 6. Outside Employment During the term of this Agreement, the Manager shall be a full time City Manager. The I I'D Manager agrees to remain in the exclusive employment of the City until this Agreement is terminated and not to work in the employment of another employer earlier than the date of termination. Outside employment shall not be construed to include occasional teaching, writing or consulting performed on the Manager's time off. Section 7. Compensatory Tirne Off It is recognized that the Manager must devote a great deal of time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time off as he deems appropriate during normal office hours. Section 8. Vacation, Sick and Miscellaneous Paid Leave A. The City Manager will be credited with three (3) weeks vacation leave during the term hereof. Vacation time shall accrue at a rate of 10 hours per month. B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accruing sick leave until such time has passed that Manager would have accrued the original two hundred forty (240) hours. Thereafter, Manager shall accrue sick leave at the same rate as other employees of the City, and the method of accrual and use of such leave shall be governed by the Ordinances of the City and applicable rules and regulations. C. The Manager shall receive all other forms of paid leave extended to other employees of the City. The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage Linder COBRA at his expense, regardless of the reasons for separation from employment. A. The City shall pay severance benefit to the Manager during the term of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defined herein if he is released from service for any reason except cause as defined herein. However, should the Manager leave 2003 Employment Agreement RJR - Page 3 during the term of this agreement for any other municipal position in another municipality, Manager agrees to reimburse the City the equivalent of a full six month's base salary. B. The parties hereto expressly agree no severance payment as defined in Section 10A shall be paid if the Manager is terminated during the term of this Agreement for cause. C, Cause shall be defined as including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. D. In the event the Council at any time during the terra of this Agreement reduces the salary or other benefits of the manager in a greater percentage than an applicable across-the- board reduction for all other employees of the City, or the City Chat-ter of the City of Owasso, Oklahoma, is amended to delete the Council/Manager form of government, or the Council acts to terminate, then the Manager may, at his option, be deemed to be terminated effective at the date of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. E. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section I OA. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. F. If the manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section 10A. In addition thereto, Manager shall be coma-- nsated for any accrued vacation not used, holidays, and any other accrued benefits. G. If Manager shall die during any period in which payments are being made in accordance with Section 10A, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section l0A will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. L Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to terminate this Agreement. ?003 Employment Agreement RJR - Page 4 Section A. In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and functions before, during, and after normal work hours. B. The City recognizes that certain expenses of a generally job - affiliated nature are incurred by the Manager in the course of his duties and agrees to pay the Manager each month for such expenses. Detailed receipts must be presented before reimbursement is approved. C. The City will pay the premiums of any fidelity bonds required of manager by the Charter and Ordinances of the City or otherwise as may be required by Mate Law. Section Dues and Subscrip=� The City agrees to budget and pay for the professional dues and subscriptions of the Manager necessary for his membership in the Oklahoma Association of City Managers, Section 13. Defense and Indemnification The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefor, all as set forth in Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. The City and Manager agree that negotiations for the renewal of this contract should begin no later than October 1, 2003. If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non - renewal no later than sixty (60) days prior to the expiration date hereof, or October 31, 2003. If, and in the event, City shall fail to give written notice of non - renewal within the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein for the entire upcoming calendar year, and/or a successor agreement with an effective date of January 1, 2004, is entered into for the entire calendar year, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. 2003 Employment Agreement RJR - Page 5 Upon affirmative vote by a majority of the governing body prior to December 31, 2003, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and Such resignation shall not waive the City of any obligations set forth in the first paragraph of this Section and the City shall be obligated for the full six (6) months severance, regardless of the date of the Manager's resignation. I I Section 15. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States postal service, postage prepaid, addressed as follows: CITY: City Council PO Box 180 Owasso, OK 74055 MANAGER: Rodney J Ray 8503 N 100th East Ave Owasso, OK 74055 Alternatively, notices may be personally served on the parties. Notice shall be deemed given as of the date of personal service or as of the date of deposit of written notice in the United States postal service. A. The text herein shall constitute the entire agreement between the parties. This Agreement superccdes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carry over into the term hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or Federal law. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be construed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. ZD 1-7 D. 'Titles of this Agreement are for reference and convenience only, and shall not be construed to modify the specific terms hereof. E. This agreement is specifically subject to appropriation of moneys to fund same for the calendar year January 1, 2003 through December 31, 2003. 2003 Employment Agreement RJR - Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. OF Oky I. 0 ri T' T C ATM MQ Marc Boutwell, Cit Clerk CITE' OF 0 SSO, OI AI OINIA i By [Viicha 1 lrn, Mayor 1 ANA Rodn Approved as to form and legality on the % 7 _ day of �� �� _ 2002, giep �en P Gray, City to 2003 Employment Agreement RJR - Page 7