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HomeMy WebLinkAbout2003.08.19_City Council Agenda"M I In MJM TYPE OF MEETING: Regular DATE: August 19, 2003 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center 301 South Cedar L Call to Order Mayor Cochran 2. Invocation John David Meisner, Youth Pastor, Now Heights Church 3. Flag Salute 4. Roll Call 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 consent by request. A motion to adopt the Consent Agenda is non-debatable.) A. Approval of Minutes of the August 5, 2003 Regular Meeting and August 12, 2003 Special Meeting. Attachment #7-A B. Approval of Claims. Attachment #7-B It PDOLISFICS MARY A LIZ L:D'AGFNDAS CHY(OPNO I (COSI'M3 DOC Owasso City Council August 19, 2003 Page 2 C. Consideration and Appropriate Action Relating to the Appointment of Janet Jackson as Municipal Court Clerk. Attachment 97 -C 6. Consideration and Appropriate Action relating to a request to Discharge Fireworks at Owasso barn Football Carnes. Mr, Rooney Attachment 4.6 Exchange Bank has requested City Council Approval to Discharge Fireworks at Owasso Ram Football Games. Staff will recommend approval of the request. Staff will recommend Council Approval of the Final Plat for the New Brunswick Addition. VPDC,USERS \SlAltl' ,VLREDvAGGNI)AS'C'I I'Y COUNCIL CCOSI'MI DOC Owasso City Council August 19, 2003 Page 3 9. Consideration and Appropriate Action Relating to an Agreement between the City of Owasso and Oklahoma Natural Gas for Utility Relocation along East 86t" Street North from North 1291" East Avenue to North 145"' East Avenue. Ms. Stagg Attachment ##9 Staff will Recommend Council Approval of the Agreement. 10. Consideration and Appropriate Action Relating to a Request for City Council Authorization of the City Manager to Execute Change Orders as they relate to the East 86tn Street North Widening Project. Ms, Stagg Attachment #10 Staff will Recommend City Council adoption of Resolution. No. 2003 -12 in order to provide the City Manager with Authority to Execute Change Orders for Amounts not to exceed $10,000 and a maximum cumulative total of $30,000 as they relate to the East 86 1h Street North Widening Project. Legal Description for Tract No. 02 — Permanent Right-of-Way & Temporary Construction Easement Real Estate: A tract of land in the East Half (E /2) of Section 20, T -21 -N, R -14E of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof. Permanent Right-of-Way Description follows: 11 \EARS :ALRGD�.AGGAD.AS`,CIIY COUNCIL CC031903 DOC A tract of land more particularly described as Owasso City Council August 19, 2003 Page 4 COMMENCING at the Southeast Corner of Section 20, I"- •21 -N, R -14 -E, thence northerly along the east line of said section for a distance of 3,007.54, thence westerly along south property line a distance of 33,00' to a point of beginning, thence westerly along the south property line a distance of 17.009 thence northerly along a line parallel to the east line of said section a distance of 660,00', thence easterly along the north property line a distance of 17.00', thence southerly along a line parallel to the east line of said section for a distance of 660.00' to the point of beginning, said tract containing 0.26 acres, more or less. Temporary Construction Easement Description: A tract of land more particularly described as follows: Staff recommends Approval of Resolution Number 2003 -13. 12. Consideration and Appropriate Action Relating to a Request for an Amendment to the FY04 General Fund Budget wherein a Supplemental Appropriation increasing the Revenues and Expenditures of the Police Department in the amount of $9,495 is requested. Mr. Yancey Attachment #12 Staff will Recommend City Council Approval of an Amendment to the FY04 General Fund Budget wherein a Supplemental Appropriation increasing Revenues and Expenditures by $9,495 in the Police Department is approved, Ii MARY ALREDAAGENDAs`ciry COUNCIL. CC03I903.DOC Owasso City Council August 19, 2003 Rage 5 1.3. Consideration and Appropriate Action Relating to an Amendment to the FY04 General Fund Budget wherein a Supplemental Appropriation increasing the Expenditures of the General fund Emergency Preparedness Depailment is authorized in the amount of $14,285 is requested. Mr. Rooney Attachment #13 Staff will recommend City Council Approval of an Amendment to the FY04 General fund Budget wherein a ,Supplement Appropriation increasing the Revenues and Expenditures of the Emergency Preparedness Department in the amount of $ 14,285 is approved. 14. Report from City Manager. 15. Report from City Attorney. 16. Report from City Councilors. 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 18. Adjournment I I'MARY" :\ LREMAGENDAS :CIIYC'pUNCIUCCU519DJ. DOC OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 5, 2003 The Owasso City Council met in regular session on Tuesday, August 5, 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 4:00 p.m. on Friday, August 1, 2003. ITEM 1. CALL TO ORDER Mayor Cochran called the meeting to order at 6:34 p.m. The invocation was offered by Darren Johnson of the First United Methodist Church. ITEM 3. FLAG SALUTE City Manager Rodney Ray led the flag salute. STAFF Rodney J. Ray, City Manager Stephen Gray, City Attorney 11M I, 1 11 11 1 iiiiiiiiiiii - 285M111 Mr. Ray introduced Mike Blevins from the Fire Department as July's Employee of the Month and Dawn Earp from the Golf Course as August's Employee of the Month. Owasso City Council August 5, 2003 Mayor Cochran invited Terrie Foster to join him at the podium and read a proclamation honoring Keller Williams Realty as Business of the Quarter for the Third Quarter 20030 -r Y -rl -P ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A R,-,,Qul ]-" SJ FOR APPROVAL OF THE CONSENT AGENDA, A. Approval of Minutes of the July 15, 2003 Regular Meeting, & Approval of Claims. Co Approval of Ordinance No. 7629 annexing 0.93 acres located at 717 North Carlsbad Street. Ms. Kimball moved, seconded by Mr. Thoendel, to approve the Consent Agenda with claims totaling $325,790.25 and payroll claims totaling $246,116.53. YEA: Kimball, Thoendel, Cataudella, Helm, Cochran NAY: None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF OWASSO AND OWASSO FIRST ASSEMBLY OF GOD CHURCH, SAID AGREEMENT PROVIDING "RIGHT OF EARLY ENTRY" FOR PLANNED ROAD IMPROVEMENTS ON NORTH 129"' EAST AVENUE. Mr. Hayes presented the item. Mr. Cataudella moved, seconded by Mr. Helm, to approve the agreement between the City of Owasso and Owasso First Assembly of God Church providing "Right of Early Entry" for planned road improvements on North 129th East Avenue. YEA: Kimball, Thoendel, Cataudella, Helm, Cochran NAY: None Motion carried 5-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RESOLUTION ENDORSING AND SUPPORTING THE EFFORTS TO RECEIVE FUNDING FOR U.S. HIGHWAY 169 IMPROVEMENTS, ADDING ADDITIONAL LANES FROM 1-244 TO EAST 96 TH STREET NORTH. Mr. Ray presented the item. Ms. Kimball moved, seconded by Mr. Helm, to approve Resolution No. 2003-11 declaring the City of Owasso's support to begin the planning and preliminary 2 Owasso City Council August 5, 2003 design process for the widening of U.S. 169 from the 1-244 interchange north 13 miles to SIB 20 East. YEA: Kimball, Thoendel, Cataudella, Helm, Cochran NAY: None Motion carried 5-0. ITEM 10, CONSIDERATION AND APPROPRIATE ACTION RELATING TO APPROVAL OF CHANGE ORDER fil AND FINAL PAYI\4.FNf'TO HORIZON CONSTRUCTION COMPANY FOR PHASE I OF THE THREE LAKES DRAINAGE CHANNEL IMPROVEMENT PROJECT. Ms. Stagg presented the item. Mr. Thoendel moved, seconded by Mr. Cataudella, to approve Change Order #1 in the amount of $7,227.98 and authorization of final payment to Horizon Construction Company in the amount of $14,503.02. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF THE 86 TH STREET NORTH WIDENING PROJECT, INCLUDING ALTERNATE A ALLOWING FOR THE REMOVAL OF THE BRENTWOOD SANITARY SEWER LIFT STATION, TO BECCO CONSTRUCTION, INC., OF TULSA, OKLAHOMA, IN THE AMOUNT OF $2,472,065.20. Ms. Stag presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, to award the East 86" Street North Widening Project, including Alternate A allowing for the removal of the Brentwood Sanitary Sewer Life Station, to Becco Construction, Inc., of Tulsa, Oklahoma, in the amount of $2,472,065.20. YEA: Thoendel, Cataudella, Kimball, Cochran NAY: Helm Owasso City Council August 5, 2003 The item was presented by Mr. Ray. Ms. Kimball moved, seconded by Mr. Thoendel, to approve Ordinance No. 763, effectively extending the third penny sales tax for Capital Improvement Projects, providing for continuation of the Sales Tax Watchdog Committee, continuing the Capital Improvements Committee and requiring City Council action to reprioritize projects. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. Mr. Ray presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, to approve 1-kesolution No. 2003 -10, authorizing the calling and holding of an election on October 14, 20037 YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. 5 a 01101tanute Mr. Ray reported that his findings indicated the Fire Department, Police Department, and Public Works all responded overall very well during the August 1, 2003 wind storm. 4 Owasso City Council August 5, 2003 ITEM 15. REPORT FROM CITY ATTORNEY EM ITEM 1.60 RL4poR:r FROM CITY COUNCILORS ITEM 17. NEW BUSINESS W= ITEM 18, ADJOURNMENT Ms. Kimball moved, seconded by Mr. Helm, to adjourn. YEA: Kimball, Helm, Thoendel, Cataudella, Cochran NAY: None Pat Fry, Minute Clerk M 5 Gary Cochran, Mayor OWASSO CITY COUNCIL MINUTES Of SPECIAL MEETING Tuesday, August 12, 2003 The Owasso City Council met in a special meeting on Tuesday, August 12, 2003 in the fain Conference Room at Owasso City Hall per the Notice of Public Meeting and Agenda posted on the City Fall bulletin board at 4:00 p.m. on Friday, August 8, 2001 ITEM 1: CALL, TO. ORDER. Mayor Cochran called the meeting to order at 6 :01 p.m. A quorum was declared present. ITEM 2: DISCUSSION RELATING TO PLANNING ITEMS Mr. Cuthbertson reviewed the items that were approved at the Planning Commission's August 11, 2003 regular meeting. There were two items that will be forwarded to the City Council for action on the August 19, 2003 agenda — a rezoning request (0Z- 03 -10) and a final plat for the New Brunswick Addition. ITEM 3: DISCUSSION RELATING TO AN AGREEMENT FOR GAS FACILITIES RELOCATION OKLAHOMA STREET NORTH EVPROVEMENTS Ms. Stagg discussed the proposed agreement with ONG for the relocation of a transmission line along E. 86th Street North. This item will be placed on the August 19, 2003 City Council agenda for action. ITEM 4: DISCUSSION RELATING TO APPROVAL., OF ANY POTENTIAL CHANGE ORDERS TO THE EAST 86TH STREET NORTH AND NORTH 145TH EAST AVENUE INTERSECTION IMPROVEMENTS Ms. Stagg discussed the need to have the ability for the City Manager to approve change orders so as not to delay the project's completion date. The Council expressed concerns regarding the amounts being proposed by staff and the staff commented that they would review the request and revise the recommendation. Owasso City Council July 8, 2003 ITEM 5: DISCUSSION RELATING TO A BUDGET AMENDMENT FOR THE POLICE DEPARTMENT, INCREASING REVENUES AND EXPENDITURES BY $9-J-95.40 _E\1 ORDER TO ALLOW FOR THE PURCHASE OF PROTECTIVE VESTS FOR OFFICERS Mr. Yancey discussed the need for the amendment in order to allow for the receipt of the grant monies and to allow far the future purchase and/or past reimbursement of protective vests, ITEM6: DISCUSSION RJ---,LATINGTO OWASSO SK'ATEPARKAND ACCOMPANYING ORDINANCE Mr. Warren reviewed the Skate Park, proposal. He stated that the project was currently out to bid and an approval from the Owasso Board of Adjustment for a Special Exception remained. Mr. Yancey discussed the proposed Ordinance that would restrict "stunt" skating on business properties within the City providing that business owners completed a form with the Police Department. ITEM 6: REPORT FROM CITY MANAGER. A. Emergency Preparedness Grant Requiring Budget Amendment B. Financial Reports C. Capital Projects Election Mr. Ray discussed the Emergency Preparedness Grant and the Emergency Preparedness Plan that would be completed by INCOG. Ms. Bishop presented the Financial Reports. The Capital Projects Election presentation was shown and the schedule of upcoming neighborhood meetings was discussed. MINIM Councilor Cataudella moved, seconded by Councilor Thoendel, to adjourn. Motion carried 4-0, and the meeting was adjourned at 9:15 p.m. Gary Cochran, Mayor N CITY OF OWASSO CLAIMS TO BE PAID 08/19/03 WEADOR DEaGREDON AWU_N I TREASURER PETTY CASH DEPOSIT REFUND 20.00 TREASURER PETTY CASH DEPOSIT REFUND 20.00 TREASURER PETTY CASH DEPOSIT REFUND 50.00 SIMMONS HOMES PERMIT REFUND 192.50 SIMMONS HOMES PERMIT REFUND 140.00 SIMMONS HOMES PERMIT REFUND 75.00 SIMMONS HOMES PERMIT REFUND 75.00 SIMMONS HOMES PERMIT REFUND 75.00 REFUND TOTAL 647�50 BAILEY, MATT BAILIFF DUTIES 120.00 MUNICIPAL COURT DEPT TOTAL STAFFMARK TEMP STAFFING 1.720.00 TREASURER PETTY CASH CITY MGR EXPENSES 2630 OFFICE DEPOT OFFICE SUPPLIES 5.44 ADMIRAL EXPRESS INC OFFICE SUPPLIES 110.58 AT&T WIRELESS PHONE USE-RAY 218.18 TREASURER PETTY CASH K4/LEAGE'MCCALL 10.20 NEW HORIZONS COMPUTER LEARNING TRAINING-STEVENS 550.00 THE TRAVELING GOURMET COUNCIL MEETING 98.00 TREASURER PETTY CASH COUNCIL MEETING 18.00 TREASURER PETTY CASH MEETING SIGNS 158.00 TREASURER PETTY CASH STAFF TRAINING 47.58 CINDY SIGNS BANNERS/SIGNS 540.00 OFFICE DEPOT SUPPLIES 07.55 TREASURER PETTY CASH EMPREC0GN|T|DN 06.13 MANAGERIAL DEPT TOTAL 3,849.54 OFFICE DEPOT OFFICE SUPPLIES 13.54 FINANCE DEPT TOTAL 13.54 ADMIRAL EXPRESS INC OFFICE SUPPLIES 311.87 TREASURER PETTY CASH OFFICE SUPPLIES 8.43 EXECUTIVE COFFEE SERVICES SUPPLIES 73.85 C|NTASCDRPORAT|ON MAT SERVICES 27.90 GRAY, STEPHEN P.PC ATTORNEY ATLAW LEGAL SERVICES 1.354.15 AMERICAN WASTE CONTROL INC REFUSE SERVICE 114.00 /\EPYPSO 08/03 USE 3.877.60 OKLAHOMA NATURAL GAS 07103 USE 107.51 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 46.54 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 87.75 CARD CENTER EBAY FEES 40.80 SOUTHWESTERN BELL 08/03pLEXAR 288.41 INTEGRITY FOCUS CONSULTING 825.00 ANZSIGNS BANNERS 775.00 TULSA COUNTY CLERK FILING FEES 143.00 JPHOGANINSURANCE NOTARY BONDS 30.00 VEND YENDQR DE�TPON AMD U N TREASURER PETTY CASH NOTARY FEE 5.00 VERIZON SELECT SVC INC TELEPHONE 220.00 SAMS CLUB GENERAL GOVERNMENT DEPT TOTAL -8,137.91 8,137.91 DOES PRINT SHOP PRINTING 57.00 SUBURBAN OFFICE SUPPLY PRINTING 12.00 NEIGHBOR NEWSPAPER ABATEMENT NOTICES 140.25 BURR KANNADY MILEAGE -JULY 31.01 BURR KANNADY INSPECTION SERVICES -JULY 290.00 TULSA COUNTY MIS DIAL, UP SERVICE 40.00 AT&T WIRELESS PHONE USE -WILES 29.99 MARRIOTTT LODGING -WILES 140.88 OK FLOODPLAIN MANAGERS ASSOC MEMBERSHIP RENEWAL -WILES 34.17 OK FLOODPLAIN MANAGERS ASSOC OMFA CONFERENCE -WILES 170.83 TREASURER PETTY CASH MILEAGE- CUTHBERTSON 23.04 US CELLULAR COMMUNITY DEVELOPMENT DEPT TOTAL -969.17 TREASURER PETTY CASH COMPUTER PARTS 215.82 INFORMATION SYSTEMS DEPT TOTAL -215.82 215.82 ADMIRAL EXPRESS INC OFFICE SUPPLIES 23.99 SAMS CLUB MAINT SUPPLIES 141.24 LIBERTY FLAGS, INC. FLAGS 235.76 LOWES COMPANIES INC MAINT SUPPLIES 63.57 CARD CENTER SUPPLIES 29.77 UNIFIRST CORPORATION UNIFORM RENTAL 23.61 BROKEN ARROW ELECTRIC LIGHT FIXTURES 88.00 CARRIER COMPANY SERVICE CALL 310.00 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 294.07 TREASURER PETTY CASH REPAIR PART 72.33 OKLA TRANSPORTATION AUTHORITY PIKE PASS 134.29 DISTRICT II PROBATION COMMUNITY CO WORKER PROGRAM 274.42 DEPARTMENT OF CORRECTIONS WORK PROGRAM 55.00 US CELLULAR PHONE USE 28.31 AT &T WIRELESS PHONE USE 51.19 SOUTHWESTERN BELL 08/03 PLEXAR 133.78 SUPPORT SERVICES DEPT TOTAL 1,959.33 AEP /PSO 08/03 USE 16.08 CEMETERY DEPT TOTAL 16.08 CARTER EXCAVATING INC RAYOLA CHANNEL EXCAVATING 17,960.40 CAPITAL PROJECTS DEBT TOTAL 17,960.40 �0�� 8MD-M ONYX CORPORATION PRINTER DRUM 149.59 OFFICE DEPOT OFFICE SUPPLIES 4825 ADMIRAL EXPRESS INC OFFICE SUPPLIES 95.98 LDVVES COMPANIES INC FIBERGLASS TAPE 38.53 VVALMARTCOK8W1UN|TY O|G|TALCAMERA/BAlTER|ES 370.74 8AM3CLUB OPERATING SUPPLIES 5832 THE UPS STORE POSTER BOXES 33.75 SOUTHERN AGRICULTURE CANINE FOOD 27.89 PATROLTECHNOLDGY UNIFORMS/GEAR 1.590.00 GALL'S INC EQUIPMENT BAG 24.17 &PERTURES|NC FILM PROCESSING 55.86 HOWARD STAMPER RETAINER 150.00 AEP/PSO 08/03 USE 2.558.08 OKLAHOMA NATURAL GAS 07/03 USE 40.06 MPH INDUSTRIES, INC RADAR UNIT REPAIR 207.14 YALE CLEANERS UNIFORM CLEANING 1.829.30 SOUTHWESTERN BELL 0003PLEXAR 4044 AT&T WIRELESS PHDNEUSE-YAMCEY 65.33 TREASURER PETTY CASH PER DIEM-STAFF 84.08 OK ASSN 0F CHIEFS OFPOLICE TRAINING CONFERENCE-GREENE 150.00 DELL MARKETING COMPUTER 142700 POLICE DEPT TOTAL ONYX CORPORATION TONER CARTRIDGES 315.0 WAL-MART COK8K8UN|TY PR|SDNERMEALS/TAPES 107.20 POLICE COMMUNICATIONS DEPT TOTAL �---�2.90 WAL,MARTCDMMUN/TY SHELTER SUPPLIES 70.02 SA&48CLUB MA|NT8UPPL|ES 210.69 HILLS PET NUTRITION, INC SHELTER SUPPLIES 53.75 CITY OFTULSA EUTHANASIA SERVICES 90.00 AN|MALREL0CATURS BEAVER REMOVAL 407.00 AEP/P8{} 08/03 USE 295.68 SOUTHWESTERN BELL 0803PLEXAR 40.44 TREASURER PETTY CASH PERD|EK8-HOP0NS 294.00 ANIMAL CONTROL DEPT TOTAL VVALK8ARTCDK8K8UN|TY REPA|R/K4A/NTSUPPL|ES 142.84 LOYVES COMPANIES INC REPA|R/MA|NT8UPPL|ES 15.80 CROW BURL|NGAK8E REPAIR PARTS 0723 AEPYPSO 08/03 USE 1.311.59 OKLAHOMA NATURAL GAS 07/03 USE 105.25 WILLIAMS PLUMBING AND DRAIN LEAK REPAIR 89.00 DALE & LEES SERVICE INC A/C REPAIR 275.14 8AV-ON PRINTING INC. SIGNS 30.00 B0YNTON-VV|LL|AK43&ASSOC PRESENTATION DRAWINGS 350.00 SOUTHWESTERN BELL 08/03PLEXAR 181.40 FRANKLIN PRODUCTS FIRE PREVENTION MATERIALS 1.179.40 FIRE DEPT TOTAL -------- 3,847.67 OFFICE DEPOT OFFICE SUPPLIES 51.05 YENDQR AMOM VOSS.ROGER RBMB FOR MA|NTSUPPLIES 235.23 AEFYPSD 08/03 USE 83.81 SOUTHWESTERN BELL 0803PLEXAR 20.22 OKLA TRANSPORTATION AUTHORITY PIKE PASS 3.35 EMERGENCY PREPAREDNESS DEPT TOTAL _---i_7366 MILL CREEK LUMBER &SUPPLY REpA|F/KXA|NT8UPPL|E3 40.84 WATER PRODUCTS 11"11C, MAIN TSUPPLIES 321.90 RAINBOW CONCRETE CO CONCRETE 728.00 LO6AN COUNTY ASPHALT COLD PATCH 450.00 FARM PLAN REPA|RYMA|NT8UpPL|ES 71.52 A&AMATERIALS CO. ASPHALT 145.77 GEORGE & GEORGE SAFETY REPAIR/MA|NTSUPPL|ES 27.90 UN|F|0STCORPORAT|ON UNIFORM RENTALS 41.82 UN|BRSTCK}RPORAT0N UNIFORM RENTALS 41.82 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 18.06 AEFYP8C` 08/03 USE 885.50 AEFYPS() STREET LIGHTING 3'897.78 NATIONAL POWER WASH VEHICLE WASHING 30.00 US CELLULAR CELL PHONE USE 31.47 SOUTHWESTERN BELL 08/03pLEXAR 24.22 STREETS DEPT TOTAL _ AN|MALRELOCAT(}RS BEAVER REMOVAL 598.00 BAILEY EQUIPMENT VVEEDEATEFVEOBERPARTS 25.14 LOVVES COMPANIES INC MA|NTSUPPL|ES 24.74 WATER PRODUCTS INC REPAIR SUPPLIES 203.00 NEIGHBOR NEWSPAPER ADVERTISING 48.75 BAILEY EQUIPMENT CHAIN SAW SHARPENING 21.70 FARM PLAN VVEEDCHEM ICAL8/GPRAYER 43.01 UN|F|RSTCORPOFAT0N UNIFORM CLEANING 56.00 TREASURER PETTY CASH FUEL 30.00 AEFYPSO 08/03 USE 1.327.18 OKLAHOMA NATURAL GAS 07/03 USE 141.85 SOUTHWESTERN BELL 08/03PLEXAR 75.55 SAV'ON PRINTING INC. BANNERS 179.20 ALBERTSDNG PARNPROGRAM 14.90 ON-SITE SERVICES PORTABLE TOILET RENTAL 125.00 TREASURER PETTY CASH RBM8 PETTY CASH 2.61 PARKS DEPT TOTAL 3.005.68 VVAL-MART COMyWUN|TY CLEANING SUPPLIES 180.74 ADMIRAL EXPRESS INC OFFICE SUPPLIES 347.80 LOVVES COMPANIES INC MA|NTSUPPL|ES 22.31 AEFYPS0 08/03 USE 1.082.95 OKLAHOMA NATURAL GAS 07/03 USE 88.00 AT&T WIRELESS PHDNEUSE 20.00 SOUTHWESTERN BELL 08/03PLEXAR 65.70 COMMUNITY CENTER DEPT TOTAL -------- -,_-_~ AEP/P80 08/03 USE 177.94 MEND DESCRIP M OKLAHOMA NATURAL CAS 07/03 USE 15.09 PACE PRODUCTS OF TULSA INC HISTORICAL MUSEUM TOTAL 193.03 OFFICE [DEPOT OFFICE SUPPLIES 11.36 Au.Z RUBBER STAMPS PLAQUE 32.38 SAV-ON PRINTING INC. PRINTING 85.80 AT&T WIRELESS PHONE USE -HAYES 102.39 TREASURER PETTY CASH BUS OF THE QUARTER 12.50 THE WALL STREET JOURNAL SUBSCRIPTION 75.00 BEST WESTERN -ENID ECONOMIC DEVELOPMENT DEPT TOTAL ..nw 319.43 GENERAL FUND TOTAL 62,253,17 MEDICARE/REFUNDS REFUND #84 292.41 GEHA REFUND #840 81.22 PACE PRODUCTS OF TULSA INC AMBULANCE SUPPLIES 191.81 MEDICAL COMPLIANCE SPECIALITY INC BIO -WASTE DISPOSAL 37.00 MEDICAL COMPLIANCE SPECIALITY INC BIO -WASTE DISPOSAL 74.00 PSI PHARMACEUTICAL SYSTEMS AMBULANCE SUPPLIES 690.32 MEDICLAIMS INC MONTHLY SERVICES 3,959.58 GALLES JEFFERY DO. EMS AUDITS 250.00 MEDTRONIC PHYSIO- CONTROL SERVICE CONTRACT 2,828.00 BEST WESTERN -ENID LODGING- WOFFORD 220.00 TREASURER PETTY CASH MILEAGE- ATWELL 9_7.92 AMBULANCE SERVICE FUND TOTAL -- - 8,722.26 TOTAL RADIO INC MA1NT CONTRACT 675.00 SOUTHWESTERN BELL E -911 1,890.05 E-911 FUND TOTAL 2,565.05 CARD CENTER PRESENTATION SOFTWARE 413.95 CAPITAL IMPROVEMENTS FUND TOTAL 413.95 SUNTRUST LEASING CORPORATION FINAL PAYMENT FIRE TRUCK 115,789.73 FIRE CAPITAL FUND TOTAL 115,789.73 SIMMONS HOMES PERMIT REFUND 175.00 PART( DEVELOPMENT FUND TOTAL 175.00 BECCO CONTRACTORS INC 86 ST N/145 E AVE PROJECT 171,052.32 BOND PROJECTS FUND TOTAL 171,052.32 SAMS CLUB MAINT SUPPLIES 37.34 UNIFIRST CORPORATION UNIFORM RENTAL 73.26 A & N TRAILER PARTS, INC TRAILER PARTS 25.00 QUIKSERVICE STEEL REPAIR PARTS 35.84 INLAND TRUCK PARTS REPAIR PARTS 78.89 INTERSTATE BILLING REPAIR PARTS 123.20 WILLIAMS REFUSE EQUIPMENT CO INC REPAIR PARTS 637.41 FORD OF TULSA REPAIR PARTS 64.60 YEMDM AMAM[ MILEAGE MASTERS TIRES 70.00 ENLOVV TRACTOR INC REPAIR PARTS 197.12 TULSA NEW HOLLAND INC REPAIR PARTS 8.64 LENOX WRECKER SERVICE INC REPAIR PARTS 51.58 FORD OFTULSA REPAIR PARTS 247.98 AMERICAN HOSE &SUPPLY REPAIR PARTS 175.70 B&M TIRE CIENTER|N,", TIRES 51.00 GENUINE PARTS COKdpANY-OKLA REPAIR PARTS 323-35 O'RE|LLY AUTOMOTIVE INC REPAIR PARTS 840.48 AEP/PDC> 08/03 USE 500.61 OKLAHOMA NATURAL GAS 07/03 USE 24.85 SOUTHWESTERN BELL 0803PLEXAR 40.88 US CELLULAR PHDNEUSE 28.30 RON'S WHEEL ALIGNMENT REPAIR PARTS 25.00 TULSA AUTO SPRING CO TIRE ALIGNMENT 57.08 CITY GARAGE FUND TOTAL PP(JSOLUTIONS MEDICAL REVIEW FEES 49.87 VVORKMED OCCUPATIONAL HEALTH H08182 250.15 VV0RKK8ED OCCUPATIONAL HEALTH P10062 48.10 WURKMED OCCUPATIONAL HEALTH T04103 200.81 JAMES STAUFFER,DO Y00133 50.80 REGIONAL MEDICAL LAB T08242 5443 THIRD PARTY SOLUTIONS H00033 33.50 SCOTT MEDICAL CLINIC B05203 83.80 MUSKDGEE RADIOLOGICAL GROUP J05133 13.85 TULSA PAIN CONSULTANTS, INC. D04122 710.85 KIRK CHIROPRACTIC K00243 142.63 MAYS DRUG Y08133 93.39 KdAYSDRUG Y06133 20.42 TULSA BONE & JOINT ASSOC W11141 70.88 /NED|CAPPHARWVAC|ES B05203 27.54 EMERGENCY CARE INC Y00133 358.46 RADIOLOGY CONSULTANTS 0FTULSA Y06133 127.74 URGENT CARE OF GREEN COUNTRY S06023 04.88 ASSOCIATED ANESTHESIOLOGISTS Y06133 272.02 TREASURER PETTY CASH J05133 5.10 BARSTOVV. LISA K4 AND TIMOTHY CLANCY SETTLEMENT VVCC#Q9-Q2UOA 1.000.00 BARSTOVV. LISA K8 AND TIMOTHY CLANCY SETTLEMENT VVCC#0A'OiiOY 1.000.00 COX, HENRY B AND TIMOTHY CLANCY SETTLEMENT -COii50 500.00 COX, HENRY B AND TIMOTHY CLANCY SETTLEMENT VVCC#QQ-iQ02A 4.740.00 OK WORKERS COMP COURT FILING FEE VVCC#QO'81iOY 75.00 OK WORKERS COMP COURT FILING FEE VVVVC#09-S2U0X 75.00 OK WORKERS COMP COURT F| LING FEE VVCC#0O-1O02A 75.00 HARRIS, JOSEPH SETTLEMENT-H04262 474.00 WORKERS CO/NP FUND TOTAL 10,807.29 ====== GRAND TOTAL 37535472 ������ CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 8/9/03 DeDartment Overtirn Total g��s Managerial 0.00 14,9 3.54 General Government 0.00 659.8 1 0 11 Engineering 0.00 10.227.66 Support Services 109.53 5,616.67 ------------ . .. ............... ... 417.30 7,339.78 Fire 392.65 50,293.80 Park Maintenance 0.00 6,178.31 ._Economic_ ®evelopment 0.00 2,300.72 ATZ 2 n T11 I Ambulance Fund NOW T® HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM2 SHERRY BISHOP FINANCE DIRECTOR SUBJECT- MUNICIPAL COURT CLERK APPOINTMENT DATE: August 159 2003 BACKGROUND: The Code of Ordinances of the City of Owasso provides that the city clerk shall be the clerk of the municipal court unless otherwise provided by council action. Another individual may be appointed by the council to serve in the official capacity of clerk of the municipal court. Staff recommends that the City Council appoint Janet Jackson to serve in the official capacity of clerk of the municipal court. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM. TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: REQUEST FOR AUTHORIZATION TO DISCHARGE FIRE WORKS EXCHANGEBANK DATE. August 14, 2003 BACKGROUND: The staff has received a request from Mr. Brent Colgan of Exchange Bank for an item to be placed on the City Council agenda for consideration to approve the discharge of fireworks before each home football game at the Owasso High School. City Code requires approval from the City Council for any public display of fireworks within the city. Attached is a copy of that section of the Code. Mr. Colgan will be in the audience Tuesday evening should you have any questions regarding his request. NOTE: The sponsors have met with representatives of the Fire Department to coordinate the event and address safety concerns. A memorandum from Chief Fisher is attached for your information and review, as well as the approval permit that is required by the Fire Department. Because all of the issues relating to safety concerns have been finalized, staff recommends approval of the request. ATTACHMENT: 1. Portion of the City Code of Ordinances Relating to Fireworks 2. Memorandum from Chief Fisher 3. Fireworks Display Pen-nit 4. Letter from Mr. Colgan Offenses and Crimes 9. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or 10. Committing any other act in such a manner as to unreasonably disturb or alarm.the public, (Prior Code, Sees. 14-41, 14-42, 14-55, 14-56) SECTION 10-302 E. A. It is unlawful fbr any person, firm, or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault, B. It is unlawful for any person to wilfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where. I . A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, See. 14-58) 2 VB 'ME 49 , 3411 t - a 012 A It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in. its common co-qAwa (Prior Code, Sec. 14-59) A. Except as provided in Subsection B of this section the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: I . The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: Page .10 -16 Offenses and Crimes a° The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; b4 The event must be open to the public, free of charge; The use, display, fring, ignit -M4 lighting and discharge of the fireworks must be done in the presentee of an autboramed representative of the city fire department° and da `Il'he group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. (Prior Code, Sec. 8-171 Ord. Igo° 354, 7/1/86) Cross Reference: Fire Prevention Code, Section 13 ®1010 State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22 -110> SECTION 10305 STORING OR KEEPING EXPLOSIVES. It is unlawful for any person to sure or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept° t x, ►° MIRM211161 unlawful person, se persons authorized o. or ! ff mil istol, revolver, ".Y!' of 1 usually known as Distol .:y f�'1. B. Notwithstanding the provisions of Subsection A of this section, persons shall be permitted to III same in a public muster or military drills, or returning fiom hunting trips. (Prior Code, Sees. 14-62, 14- 63, State Lave Reference: State firearms act, 21 O.S. Sections 1289.1 et seq., similar provisions, 21 O.S. Section 1272; authority of city to prohibit carrying of weapons, 110. S. Section 22-110. • 1 mile It is unlawful for any person, firm or corporation to display or exhibit in any show window, or shop window, in the city any pistol, revolver, dirk, bowie knife, dagger, sling -shot, billy, brass, iron or other metal knuckles, or any similar dangerous or deadly weapon capable of being carried concealed about the person. (Prior Code, Sec. 14-65) FROM. LONNY FISHER, FIRE CHIEF SUBJUCT: FIRE WORKS, EXCHANGE BANK DATE: August 14,2003 BACKGROUND Mr. Brent Colgan with the Owasso Exchange Bank has contacted the fire department concerning the display of fire works, at the high school football games. This is a tradition that the Exchange Bank has done for several years in other Towns where their branch banks are located. LOCATION The location for the fireworks has been determined by the Fire Marshal. This area will be a safe distance from any structures and vehicles in the area. It will be located on the east side of the field near the location where the fireworks were set off on the fourth of July. FIRE DEPARTMENT The fire department concerns have been addressed with the location and personnel responsible for igniting the fire works. The Exchange Bank has stated that a professional licensed company will be igniting the fire works and the fire marshal has identified a location near the football field that will be a safe distance from the School, houses and the spectators. The fire department will have a truck on location during the fireworks display. �7 "M Permit is hereby granted to EXCkA,-i'le &kfjk,,� To stage Firewofks Display on the date of To be '-fired at the (CAV) (Sponsor) (Location) /510 mm ?R tip' Your Community. Your Bank. Owasso City Council City Hall Attn: Rodney day _, Fireworks Dear Owasso City Council, August 13`h, 2003 The Exchange Bank of Owasso is seeking permission to present at the next City Council meeting a request to discharge fireworks before each home football game. We have met with and have received verbal approvals from the School Administration, Fire and Police Departments. We hope you will hear this cause at the next City Council meeting. Respectfully Submitted, 44a cg,/ �-- Brent Colgan The Exchange Bank P.O. Box 1857 Owasso, Oklahoma 71055 Phone (918) 272 -7500 www.exb- ok.com MEMORANDUM 'V u -10. SUBJECT: THE HONORABLE.NMAYORAAW Cr'fft'Y COUNCH, CI ASS WAII REZONING REQUEST m- =I- - The property is located in the general vicinity of 707 N. Carlsbad St. (see attached leg description). The subject property is currently vacant and is bordered by residential us on the north, south and west boundary and a church on the east side. The property Y current zoning is AG (Agricultural District) and is bordered by AG zoning to the no and RS-3 (Residential High Density District) on all other sides, I The proposed rezoning is in accordance with the Owasso 2010 Land Use Master Plan, The Plan exhibits this area as being residential in character. There are no conflicting or potentially conflicting land uses adjacent to or within close proximity to the subject property. TECHNICAL ADVISORY COMMITTEE The Technical Advisory Committee reviewed the request on July 30, 2003 and recommended approval of the rezoning request. PLANNING CONEWSSION: The Owasso Planning Commission, at the August 11, 2003 regularly scheduled meeting unanimously recommended approval of the request. If the request is approved by the City Council, an ordinance will be presented at the September 2, 2003 City Council meeting formally adopting the approval. RECOMMENDATION Staff recommends approval of (OZ 03-10) the request by New Hope Baptist Church to rezone the property from AG to RS-3. ATTACHMENTS I . General Area Map 2. OZ 03-10 Rezoning Application 3. Legal Notice P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 REZONING APPLICATION GENERAL LOCATION- 08 IZ,_ PRESENT ZONING PRESENT USE PROPOSED ZONING PROPOSED LEGALXESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner lv,E60 /y01-11CF As applicant, what is your irate 't in this property? []Present Owner S s' Agent for Owner [Purchaser 00ther ElAttorney for Owner Address or General Location Of Subject Property Name of person to be billed for publication Phone 7 EMMEN= I DO HEREBY CERTIFYTHAT THE INFORMATION HEREIN SIGNATURE SUBMITTED IS COMPLETE, TRUE AND ACCURATE 1� Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. 11�= 11 0- 0.99 acres $75 F .., L I- 4.99 acres 100 El If `11 " * '1� 5-19.99 acres 150 JUN 3 0 20,03 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED L-,., -AND- City of Owasso Department of Community Development III North Main Street P.O. Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OZ 03-10 (918) 376-1540 FAX (918) 376-1597 Inspections-376-1542 www-city0fowasmeom As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office. of the City Planner, I I I North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your *nly personal notification of this request. ga= MEMORANDUM TO- 7117HE HONORABLEMAYOR AND (CITY COVNICIL CITY OF OWASSO ® DUANE CUTHBERTSON CITYPLANNER DATE: AUGUST 12,2003 BACKGROUND The City of Owasso has received a request from Owasso Lamd Trust, applicant(s)/owner(s), for the review of a final plat for the New BI unswick Addition. The addition proposes 42 residential lots in 3 blocks on approximately 9.92 acres, more or less. The proposed development is regulated by PUD 02-03 zoning requirements, which w unanimously approved by City Council on November 5, 2002. Planned Developments are approved with the stipulation that an Outline Development Plan, whi guides the layout of the proposed subdivision, is submitted at the time of the. P I application. After careful review of the final plat application, staff finds that the firrial pl. is consistent with the approved OPUD 02-03 Outline Development Plan and the City ®f Owasso Zoning Code. The applicant has made these corrections on the plat. PLANNING CONMUSSION: The Owasso Planning Commission, at the August 11, 2003 regularly scheduled meeting unanimously recornmended approval of the request with the following conditions: 1. A perimeter fence be located on the plat along 97h E. Ave. (Mingo Rd .) and 96th St. N. Right of Way. If the request is approved by the City Council, an ordinance will be presented at the September 2, 2003 City Council meeting formally adopting the approval. RECtoo MMENDATIQfT Staff recommends approval of the New Brunswick Final Plat, subject to the execution of the aforementioned Planning Commission recommendations. ATTACHMENTS 1. General Area Map 2. Final Plat Application 3. Final Plat CITY OF 0 WA SSO -AX 1. P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2- 151 F (918) 2724997 FINAL PLAT APPLICATION PROPOSED SUBDIVISION GENERAL LEGAL DESCRIPTHON OF TRACT. 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PAAa W9auw ae M MT as e�Y[ AoW are IO®Y I@iN® 0r M wvOHOt N rOOSM£ GAR aJPEtteeL Ar M 4eRtrVY m4 taarsoa A M baAOaa a earl Hera vAmrc rtm M nroa.¢ a rnemrw +awns rm .vua ra®ec a we Maras ma seNa.a.o Pwwx can roe M rnweRrnot No N.evwaeR.Y ? ANi Sammlt raLE Q Ar0 fCR 00w NNtl!Ea Imm AOWM[ h ME a.M4pt d M A9RlMilOa tl'lIW IRO W4 mE M 9 Law AUe 9Ctrs M__ ,WA1t W e y m7mm FH is "Loporl Name® � c sloe et�aae m¢na Aw)/w rem tAws'!ras rs uaamtn rae°�ivmr � ir6°ua'000A�r�rva va Neaoss� a r*ooaw�Ar�e enw menmo a�� Z rOt@ a! Vol 6w Pew oASF R1r0Vi5 Cn e p M m�a GmD R+Mttlosl'� xLMM1aM1Q MEMORANDUM TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA C. STAGG, P.E. ENGINEERING PROJECTS MANAGER SUBJECT. AGREEMENT FOR GAS FACILITIES RELOCATION WITH OKLAHOMA NATURAL GAS COMPANY - FAST 86 TH STRE ET NORTH IMPROVEMENTS (N 129T" E AVE T ON 145TH E AVE) DATE. August 15, 2003 BACKGROUND- American Electric and Power (AEI'), Southwestern Bell, Verdigris Electric Company, Oklahoma Natural Gas (ONG) and Cox Cable have engineered the relocation of utilities to allow for the construction of the improvements. All utilities, except for ONG's, are located within the public ROW and have no dedicated easements, thus relocation will be at no expense to the City. ONG currently owns approximately 705 linear feet of low- and medium-pressure distribution pipelines to be relocated within the limits of the project. Of the total length, 200 linear feet are located outside the public ROW and within a privately owned casement. This portion will have to be relocated at an estimated cost to the City of $53,523.00, including material, labor, and contract administration. The Agreement (see Attachment 1) contains language outlining how ONG will be reimbursed for the work and what the relocation costs will be based on. The City will reimburse ONG within thirty (3 )0) days of completion of work, which is estimated to be mid-August. I Page 2 Agreement For Gas Facilities Relocation East 86`' Street North Improvements (N 129th E .Ave To N 145th E Ave) ® Relocation costs will be based on actual relocation costs. ONG will award and pay for the work based on competitive bids or continuing contract, whichever is deemed most practical and economical by ONG. * If the contract is awarded at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. ® ONG easements shall be considered to retain precedence so that any City projJcet in the future requiring additional relocations of the same facilities shall be paid by the City, It should be noted that Paragraph 6 of the agreement provides the City Manager with the authority to terminate the agreement if remised estimates submitted by ONG become more than $53,523.00 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. The City Attorney has reviewed this agreement and found it acceptable. Staff recommends Council approval of an .Agreement between the City of Owasso and Oklahoma Natural Gas for Gas Facilities Relocation along East 86th Street North from N 1291h E Ave to N 145`" E Ave. 1. Agreement and estimate AGREEMENT GAS FACILITIES RELOCATION ROADWAY IMPROVEMENT PROJECT EAST' 86TH NORTH BETWEEN 129"' & 145" EAST AVENUEE S CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various medium- pressure and low-pressure distribution natural gas pipelines within the construction limits ofthe reforencedproject in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (3 0) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to orby abandoning, relocating, or modifying any of its facilities pursuant to this agreement Page 1 of 3 shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execration of this agreement under valid and subsisting private right-of-way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Any changes trade by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or gill have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. r provided below and returning one executed copy to Ai"FES T: OKLAHOMA NATURAL GAS COMP A NY chi cretary Page 2 of 3 By D. C. Walker APPROVED as to fora and legality this __ day of 9 20030 City .Attorney CITY OF OWASSO, O L .A Mayor City Mork This day of 2003 1�. !t OKLAHOMA.-NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST SAST 86TH ST. NORTH FROM 129TH E. AVE. TO 145TVn5;"'j CITY OF OWASSO OKLAHOMA ONG J.O. NO, 021.055.2108.010009 MATERIAL COST., -9-T—Y _9NIT COST AMOUNT N T 8 5/8- O.D. PIPE-322 WT., 2B.55#, ASTM GRADE A-53-0, COATED, SEAMLESS, FBE 200 ft. 16.39 $3,278 8 5/8' O.D. PIPE-219 WT., 19.66#, API-51., X-42, ERW, COATED, W/ ARO 1.040 LILLYCOAT 360 ft. 10.18 $3,665 2- PIPE, PLASTIC, IPS, 2400, SDR 11-216- Wr, YELLOW 730 ft. 0.42 $307 2" VALVE, GATE, RF, FLANGED, ANSI 300,7409 WP 2 aa. 601.00 $1,202 2- IqW4GE. WELD NECK, RF, ANSI 300,7400 'vVP, FS 4 ea. 9.57 $39 2- GASKET, SER 300, 1/8' THK., 740M WP 5 ea. 2.75 $14 2" BOLT, SWx 3 1r2"LG., STUD, ASTM GR 0 -7 W12 HEX NUTS EA. 40 ea. 0.59 $24 2' FLANGE, BLIND, RE, ANSI 300,740A ", FS I ea. 10.50 $11 8" TEE, SPHERICAL, 3-WAY, ANSI 300,7404 VW 8 ea. 1.25 $11 2- TEE. SHORTSTOP, 3-WAY, ANSI 150, 275 VW 1 0& 45.03 $46 8' NIPPLE, TRANSITION, 0.322- Wr, TO 0.219'° WT., STEEL 4 ea, 25.00 $100 2" TRANSITION FITTING, STEEL TO PLASTIC #2406, COATED W1 TRACER WIRE CONI\L 3 ea. 7.65 $23 2-x2' TEE, PLASTIC, TAPPING, HIGH VOLUME, ELECTRorusioN 2 ea. 53.20 $107 8' ELL, WELD, GO DEG., STD. WT., GR. 0, SMLS, STEEL, LONG RADIUS 12 ea. 33.01 $397 8- ELL, WELD, 90 DEG., LT Wr., 0.219' WT., GRB. SMLS, STEEL, LONG RADIUS 8 ea. 60.01 $401 2' ELL, PLASTIC, 02400, SOCKET FUSION, 90 DEGREE 8 ea. 1.85 $15 8-x8-x2' TEE, WELD, 0.322-x0.322 "x0.1 W Wr_ GR.B, SMLS, STEEL I ea. 96.33 $97 8"x8W TEE, WELD, 0.219'xO.219'xO.154* Wr., GR.B, SMLS, STEEL I ea. 96.33 $97 2' TEE, PLASTIC, #2406, SOCKET FUSION I ea. 2.65 $3 8- CAP, WELD, LT. WT., GR. 8, SEAMLESS, STEEL 16 ea. 15.32 $246 2" CAP, WELD, STD, STEEL 3 ea. 2.79 $9 2- CAP, PLASTIC, #2400, SOCKET FUSION 4 a@. 1.45 $6 8"x12" RAYCHEM DIREX SHRINK SLEEVES 11 ea. 78.90 $868 34-x54" VALVE BOX, PLASTIC, ADJUSTABLE. VWCAST IRON LID, GAS 2 ea, 47.83 $96 THNN 10 WIRE, COPPER, SOLID, ANY COLOR 750 ft 0.07 $53 MISC. MATERIAL M 5_68 TOTAL ESTIMATED MATERIAL COST $12,683 IINSTA-LILATION COST: Stores Expense $1,649 Contract Labor $94,215 Contract Engineering Services $10,489 Company Labor $14,133 Indirect Labor, Payroll, Insurance, and Taxes $4,119 Automotive Expense $2,120 Right of Way Damages $2,500 TOTAL $141,903 Administrative and General Expense $25,700 Omissions and Contingencies $16,761 ESTIMATED INSTALLATION COST $171,686 ESTIMATED MATERIAL COST $12,683 ESTIMATED ABANDONMENT COST $4,293 TOTAL ESTIMATED RELOCATION COST $188,662 FINANCIAL RESPONSIBILITY Total within Private Right of Way = 200 ft. Total within Public Right of Way = 505 ft. City 28.37% $53,523 705 ft. within total required R/W gNaaLaM5W �in resent public R�AA/ 71.63% $135,138 705 ft. within total required RAA/ Eastern Region Engineering (Randy Stalcup) Prepared By: Utility Design Services Inc. (Gerald Noll) 4/24/2003 R-14-E C12 i E- A` ERIAL REQUIRED 200' of 3 5/8- O.D. PIPE, 0.322-WT., 25.55#, ASTM, GRADE A-53-2, COATED 0 31 5/8" 11Y 11,11, PIPE, 0,219VT*, 19,661, 11-51, X-42, E1111, COATED W/ARD 2040 ULLYCOAT �61 .: PIPE, PLASTIC, !PS, 2406, SOR11, 0,216- W:.-., YELLOW 2 - 2' VALVE, GATE, 2 RF, FLANGED, ANSI 300, 740# WP, STEEL 4 - 2° FLANGE, WELD NECK, 2', RF, ANSI 300, 740# WP, FS 5 - 2' GASKET, SERIES 300, -8/8- THK., 740 PSI WP 40 -------- BOLT, STUD, 5/8"x 3-1/2', B-7, W1 2-HEX NUTS EA. 8, TEE, SPHERICAL, 3-WAY, ANSI 300, 740- y W.P. 2- TEE, SHORTSTOP, 3-WAY, ANSI 150, 275# W.P. 10 4 - 8'X12- NIPPLE, TRANSITION, 0.188- W.T., 0.322 W.T. 11 3 - 2- TRANSrrON, FITTING, STEEL TO PLASTIC 92406, COATED W/ TRACE WIRE 52 2 - 2'X2' TEE, PLASTIC, TAPPING, HIGH VOLUME, FI ECTOFUSION 11 12 - 1. ELL, WELD, 90 DEG., STD WT., LR- 0.322 W.T., WPB 14 a - S. ELL, WELD, 90 DEG., LT WT., LR- 0.219 W.T., WPB 15 a - 2. ELL, PLASTIC, 90 DEG., SOCKET FUSION 1 2 - 8-X8X2' TEE, WELD, 0.219'X0.219'X0,154' WT_ GR-B, SMLS, STEEL I I - 2' TEE, PLASTIC, SOCKET FUSION 16 - 8° CAP, WELD, LTWT, STEEL. 0.219' '9F- - OMIT 3 - 2° CAP, WPLD, STD, STEEL - OMIT 4 - 2' CAP, PLASTIC. §2406, SOCKET FUSION 11 - 8'X12' RAYCHEM DIRER SHRINK SLEEVES 2 - 34-X540 VALVE BOX, PLASTIC, ADJUSTABLE, %lV1 CAST IRON LID, GAS 5 750* - fflO THNN WIRE, SOLID, COPPER, ANY COLOR I - 8 "X5-X2- TEE, WELD, 0.322'XO.3 ' 22'XC.154' WT., STD. GR.8, SMLS, STEEL I - 2' FLANGE, BLIND, 2', RF, ANSI 300, 7409 WP, FS MATERIAL TO A13ANDON OR REMOVE. (:Kz ) 475' of S 5/8', 0.219', 19.55# STEEL PIPE (82), (94) ® 110' of 2 3/8' STD. WALL, STEEL PIPE (32) sx 120' of 2" PLASTIC (94) 2 of 2' STEEL GATE VALVES (J'15565, 9`15580) sz I of S' SHORTSTOP SPLIT TEE (#15553) P—;,�4 B,-. Uwa,D.i9. A NOT TAP LEGEND OKLAHOMA NATURAL GAS COMPANY M T. WL �® 0 " VRV PROP. RELOCATION OF VARIOUS CAS PIPELINES RE04ATM EAST 86TH ST. N. FROM 129TH, E. AVE. TO 145TH, E. AVE. CITY OF OWASSO 0 0 0 0 0 0 (D 0 0 0 + + + 0 NEW R/W NEW R VV- 7 _X X .ui 1O R w EAST 86th STREET I RTH SECTION UNE N U-•.1 t 20 LF I L —PRO EXIST. 8' MP) EXIST. 8 -(MP 4• CONCREFEL 8 13 13 i 7313 + Isis ON 1� R/W ONG 15' R/W AGREEMENT #541938 AGREEMENT #541938 BOOK 1412952 BOOK #4252 PAGE 13 PACE #1193 652 C52 T_ 648 648 644 644 EXIST.1 WATER 610 SANrr. S6ER T.O.P. E.0 $38.64 640 sA�rr. sEwER1 PROP. 8' GAS 536 -100 -80 —60 —4c) —20 0 20 40 60 80 wo Nu, 2002 -Oa9 1—i— Cry: U,,,,, D,,. S­- 11+75 tFGEND OKLAHOMA NATURAL GAS COMPANY 0 VALVE a to 20 PROP. RELO�nON OF VARIOUS CAS PIPELINES REC�TCR EAST 86TIl ST. K FROM 129TH. E. AVE. TO I 45M. E. AVE. CITY OF OWASSO CUT & w 0 0 CD 0 C) 0 0 0 CD Ln 0 + + + + (D + 't Ln co NEW R W -NEt_RZW - - - - - - -P wp METER SERVECE Tv o� 10 � 0 10 79 LF + Kin =TFW F-.:p EAST 86th STREET NORTtf ikS 0 Ld =p- -,ECTIO UNr 11 88-5V4 E WATER IINEI 150 LF 125 0HE vr SM. J2320 ONG 15' R/W AGREEMENT #541938 BOOK 4252 PAGE #7593 ONG 15' R/W AGREEMENT '541938 BOOK 1"4129532 PACE LECEND ,. SM. #2320 0 -OMA NATURAL GAS COMPANY K STA. 17+57. 70.42' RT. C) EL = 650.9896' 0 10 20 _T ._ �T CHISELED To �,_ , =A- 1" ' 26 -0 PROPOSED nElq 0 CD 0 0 CD 0 C14 C14 NEW R/W N 15 -7\- Z , ol 0 Z Lz�p -- = — --::� + + -------- —j R /w 0) C, 65 LP RCP C) EAST 86th STREET NORP, -t2 SECTION UNEN B8*51 '46' I 6 ?.D9' -41 LLJ ;5' RCP -0 -ft- ,�TIP L14-11 o. 155 LF ------ Rc 7- 24' RCP HE 16 Ll 6^ LF ---R7w-i 24' RrP ,I Tv t 3 EX15F� MP 8,(Mp 8-(Mp) 94) 1 55' S CnON #15563 5 (5� a 4 Bi + ONG 15' R/w NG 15- R/W 7 #54193B BOOK 11412�!2 AGREEMENT AGREEMENT J541938 3 5' PACE BOOK 4252 640 - 7. 640 FXI 636 LR6DF 636 I 632 0 SANrT. SEWER PROP. P(M p 628 421+00 I I 628 -100 -80 -60 -40 -20 0 20 40 60 80 100 6 Sl- OR ADE 640 40 636 95" RCP FOR CURB DRAINS TOP. EL 632A2 TOP. EL 63�- 632 so 632 T- PROP. 8'(MP) 1 628 628 5" 5, Re 524, SECTION "A" -100 -80 -60 -40 -20 a 20 60 so w 900 F ni#2320 17+57.86. 70.42' RT. EL - 550.99 0 so 2. so CHISELED — SET 20'-0" 1 FGFND 0 RECtAATOR EnsnkG U-� D.v, S-- he 0 0 c\1 0 0 cis 0 F-- Lij 0 RFLOCR.Il SO LF WATERLINE 640 636 632 628 -1 0 C) 0 0 0 CD CD 0 0 CD co N Cli N rorK 4361 PACE �112 ONG 15- R/W AGREEMENT #541933 BOOK #4252 PAGE #1193 26+57 I- ECEND A HOT 4N Os EAST, kFTERiFI O 10 20 Q %' - 20 *-O' PROPOSED NEw 640 636 652 528 0 1 0 N cv 0 W :2 OKLAHOMA NATURAL GAS COMPANY GAS PIPEUNES - AVE. VARIOUS EAST 86TH ST. N. FROM 129TH, E TO 145TH, E. AVE. CITY OF OwASSO ��-I-p �11--- �-, 0 O 0 0 (D 0 + Cj) 0 4' CON-R- #15566 R W. XIST. B-(MP) Cp 53-11-5077(95) C) �FZP EAST 861h STREET NORTH N 8*SV. I R/W x FW1 NEW R W 4* CONC,- Z CD CD CD 0 ONG i7.5• R/W + AGREEMENT #95013405 BOOK ff5692 L PAGE #1596 BIB 414 + 10 15 72 R W N P) 51-11-5096(94) i ;:6 1 -6 PROP. 2"P up) m3 LF a75 5916 41 d/ 15" LR P -4 LLJ ---------------------- �4- HE N 650 645 640 635 LEGEND IA NATURAL —�QUS CAS RPM.. OKLAHOMA TL KLAROIJA NATURAL GAS COMPANY 0 no VARIOUS 0 10 20 40 w 6 PROP. RELDCAnTO7N0F VARI US OAS PipamEs 9 EAST 86TH ST- N. FROM 12 TH. E. AVE. ExImNO TO 148TH, E. -E. CITY OF OWASSO I' E• 0 0 ---1 ------------------- 0 CD C) 0 0 ONG 17.5- R/W 0 0 ONG 17.5* R/W (D CD + + AGREEMENT 405 + + AGREEIAENT/95013411-9 4- + "I L0 BOC", LID BOOK 5692 03 n rl) PACE 11596 n PACE 1596 n 14 JCL 0 ---1 ------------------- 0 s. Ui EAST 56th STREET NORTH CTIO [!NE _LE A_2 .2788-51'32-_f -j �RW IS' RLP C.;HF ClHE 0HE— 0:LLF- w tv—w-- —W lad NEW R/W 640 EXIST'. 8', P 3_1 1 77(957)_-- ---, ----I N -ACD C) Ln Ln OHE LEGEND 6, U,;.,, Dcv,, S-- Inc. er OKLAHOMA NATURAL GAS COMPANY 0 O 0 10 20 40 PROP. RELOCATION OF VARIOUS F, �PIPELJNES EAST 86 ST. N. FROM 129TH, E. AVE. I' - 20*-0' 0 0 - 1— 10 1%�., E. AVE. CITY OF ..so C) (D C) 0 + 0 0 + Lc) 0 + ONG 17.5 R/W + + ONG 17.5` R/W AGREEMENT 9 0 3405 I AGREEMENT '9501,3405 BOOK AGREEMENT' 95013405 CJl BOOK PACE 11596 PAGE ji596 dl 53 -11 - 5077(95) R W N 0 0 J IN — ----------------- SECTION BJNE 83, 1,32- 2652.2 ---------------------------------- —S- 0 H E P, F C 646 E)QST. GRADE 640 GL 63, PRUP.—METER SEFMCE 632 -80 -60 -40 -20 0 20 40 Go 632 50 400 44+50 LEGEND uo5 No. �2— P­;,d By! UUZty D�g. S­- :1 A - 1 OKLAHOMA NATURAL GAS COMPANY 0 20 uETErz PROP. RELOCAnON OF VARIOUS GAS PIPELINES 20,-0, EAST 86ri9 5T. N. FROM 129TH, E. AVE. 10 145R.. _ AVE. 0— � OWASSO a TOa THE HONORABLE MAYOR AND CITY COUNCIL, CITE OF OWASSO FROM ANA Ca STAGG, P.E. � a ENGINEERING PROSE, 'TS MANAGER SUBJECT: WORK DIRECTIVE IMPROVEMENTS EAST86 T11 STREET NORTH € 9 i AVE) DATE. August Per the contract documents, improvements shall be constructed within three - hundred and forty- six (346) calendar days from the Notice to Proceed (with an anticipated project completion date of August 2004). Construction will be performed in four phases and will commence with improvements to the east bound lanes. It is the City's intention to ensure the completeness of the contract plans and specifications. However, work in this contract includes construction around and to existing utilities and infrastructure which may result in unforeseeable circumstances and field changes. As a result, it is anticipated that modifications to the engineering drawings and changes in the work be performed to complete the intended design. These changes may result in additional or deductive costs to the project contract amount. Paragraph 109.04, Extra Work, of the General Conditions states the following: The CONTRACTOR shall do any work or furnish any materials which cannot reasonably be classified under any of the items of the contract by which may Page 2 Work Directive Change East 86th ,Street Forth Improvements (N 129th E .Ave To N 145th E .Ave) be found necessary in order to carry out and complete more fully the work herein agreed to be done and performed, when and as ordered by the ENG EIS., following authorization by the OWNER. in a formal, public meeting for the ENGINEER to issue such an order; and the CONTRACTOR hereby agrees to accept, as full compensation for such work, lump sum or unit prices agreed upon in writing before said work is commenced, .Additionally, it is possible that an adjustment to the bid quantities be necessary at final payment to reflect actual quantities provided during the construction of improvements. 'fhe contract was awarded as a unit price based on the best estimate of required quantities. However, such quantities cannot be guaranteed and are rather used for the purpose of comparison of bids. Under either case, a Change Order is necessary per Section 600 of the Contract. Change Orders are to be processed through the Contractor and Owner for authorization. For this project, the Owner is the City Council acting on behalf of the City of Owasso; therefore, all Change Orders are to be approved by City Council. Typically, due to the nature of this work, it is necessary to make changes as construction proceeds or with little lead time to maintain construction schedules. However, the time required to receive, review and process a Change Order for approval could take as long as 30 to 45 days depending on the occurrence of a City Council meeting. In some cases, conditions such as timing constraints, construction sequencing and availability of workforce may make it difficult to delay work. It would be beneficial to the City to proceed with construction, rather than delay and potentially be faced with higher incremental costs. In addition, the cost of snaking some of the changes can be expected to be relatively small in relation to the total project cost. It is good business practice to find the means to expedite authorization for these types of changes. Under these conditions, provisions could be made for the use of a form entitled "Work Directive Change ". Procedures and policies enabling the use of the form are discussed below. WORK CHANGE DIRECTIVES: The Work Change Directive has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. These changes are often initiated in the field and may affect the contract price and /or time. This form is not a Change Order but only a directive to proceed with work that may be included in a subsequent Change Order. The Public Works Director initiates the form, including a description of the items involved and attachments. Based on information transferred between the Department and Contractor, the Public Works Director will complete and sign the form and all copies are to be sent to the City Manager or Council for authorization. The Public Works Director along does not have authority to authorize changes in price or time. Page 3 Work Directive Change East 86'h Street forth Improvements (N 129'1,1; Ave To N 145th E Ave) DELEGATE AUTHORIZATION TO CITE' MANAGER: In order to keep fi°om potential delay in the project and associated cost increases, authorization for changes shall be expedited whenever possible. To expedite processing of the Work Change Directive, staff is requesting Council authorization for the City Manager to act as a representative of Council. The City Manager requests to be delegated authorization for 'Mork Change Directives for an amount not to exceed $10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. Once the work is completed or a final cost and time determined the Contractor will submit documentation for inclusion in a Change Order. The Change Orders will be submitted to Council for final review and consideration. In accordance with Oklahoma Statutes, contract changes shall be subject to compliance with provisions of the Oklahoma Public Competitive Bidding Act of 1974. Chapter 61, paragraph 121 entitled "Change orders or addendums" states the followings A resolution of the Council delegating authority to the City Manager is required to implement the above process. resolution No. 2003 -12 is attached providing this authority. The resolution has been reviewed by the City Attorney. IN 1 � Staff recommends Council adoption of resolution No. 2003 -12 delegating to the City Manager authority to make change directives in an amount not to exceed $10,000 per occurrence or a maximum cumulative total of $30,000 per Change Order, subject to the limitations of the Public Competitive Bidding Act of 1974. A. Mork Directive Change Form B. Oklahoma Statutes Chapter 61, paragraph 121 C. City of Owasso resolution No. 2003 -12 DATE: WDC No.— PROJECT: OWNER: ENGINEER: CONTRACTOR: The following work or other items are requested for acceleration in accordance with Change Order No. Justification or Goal: Date to begin work: 90��� COST I TOTAL TO DATE RECOMMENDED BY: PUBLIC WORKS DIRECTOR AUTHORIZED BY: Previous WDC Total with this request (Est.) Total (Actual) DATE CITY MANAGER DATE Note: Attach additional backup shects as reqUired 61 § .121 PUBLIC BVILD.INGS AND PUBLIC WORKS § 121. Change orders or addendums 5. Profit for the contractor. CITY" OF OWASSO, OKLAHOMA RESOLUTION NO 2003 -12 BE IT RE-SOLVED -BY THE CITY COUNCIL OF THE CITY" OF OWASSO THAT: In regard to the construction of the East 86`h Street North Improvements (N 1291h E Ave to N 145 `h E Ave), the City Manager of the City of Owasso, Oklahoma, is hereby authorized to approve, without further authority from the City Council of the City of Owasso, work change directives in an amount not to exceed Ten Thousand Dollars per occurrence, or `thirty Thousand Dollars cumulative, provided, however, such work change directives shall at all time be in compliance with the provisions of the Public Competitive Bidding Act of 1974. A-PPROVED AND ADOPTED this 19th day of August, 2003 by the City Council of the City of Owasso, Oklahoma. Cary Cochran, Mayor Sherry Bishop, City Clerk � 111 , f i � TO ONORABLE MAYOR AND CITY COUNCILORS FROM: ROD_ EY J IRAY CITY MANAGER SUBJECT: RESOLtTfION NUMBER 2003-13; CONDEMNATION OF PERMANENT RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT; LANDOWNERS - WAYNE ALBERTY AND DONNA RUTH ALBERTY, IfUSBAND AND WIFE DATE: August 13, 2003 Subsequent to the discussions, John Storey III was contacted and requested to revisit his initial appraisal in light of some recent sales in the area as well as any impact on the valuation of a potential rezoning of the tract to a higher intensity than single family residential. Mr. Storey concluded that potentially the tract could be considered for a transitional use such as multi-family residential. A copy of Mr. Storey's Real Estate Appraisal and Supplemental Analysis and Revision is included. Considering such as a potential resulted in a revised determination of $2.25 per square foot or $26,150 for the sought Permanent Right-of-Way. Additionally, it had been determined that the Albertys had no ownership interest in the existing 33 feet by reason of a Right-of-Way Deed dated January 20, 1928. As a result of Mr. Storey's Revision Analysis the City offered the Albertys $26,150 for the necessary permanent Right-of-Way and Temporary Construction Easement. Mr. Alberty rejected this offer. Subsequently, it was determined by the H: \MARY--ALRED\LCGAL\�-IF,i10S\M081303. DOC Memorandum August 13, 2003 Page 2 consulting engineers that additional Temporary Construction Easement of approximately 4,000 feet was needed, This was appraised by Mr. Story at $775 and offered by the City The revised offer continues to be unacceptable to Mr. Albertyo ATTACHMENTS: 1 e Resolution No. 2003-13 e General Warranty Deed 3. 'Temporary Driveway Easement 40 Subject Map 5. Legal Description 6e Appraisal H: \MARY ALRED \LEGAL \bIEI;OS \M001303.DOC lam} MU10 0191!1111911 RESOLUTION NO. 2003-13 A RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURE, S TO OBTAIN PERMANENT RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE 1.29"l' EAST AVENUE WIDENING PROJECT. WHEREAS: The City, by and through officers and agents thereof, has endeavored to obtain Permanent Right-of-Way and Temporary Construction Easement, copies of same attached hereto and marked Exhibit A, deemed necessary for the 129th East Avenue Widening Project form Wayne Alberty and Donna Ruth Alberty, husband and wife; WHEREAS: In connection with such efforts to obtain the needed Permanent Right-of-Way and Temporary Construction Easement consensually, the City, by and through officers and agents thereof, has made bona fide good faith offers to purchase same; and, WHEREAS. The above referred landowners have rejected such offers and by reasons thereof Condemnation proceedings as provided for under the Constitution and Statutes of the State of Oklahoma are necessary. NOW THEREFORE BE IT RESOLVED THAT BY THE CITY COUNCIL OF THE CITYOF OWASSO, OKLAHOMA: Gary Cochran, Mayor City Clerk t 0�1 Q!— I-- T-) I" —, , , (I:,._, A e4 THIS INDENTURE made this - -- day of 2003 by and between Wayne Alberry and Donna Ruth�llberty Husband and Wife, ( "Grantor(s) ") and the City of Owasso, a body corporate and politic and an instrumentality of the State of Oklahoma ( "Grantee "). That for and in consideration of the sure. of Ten Dollars and l�0 /100 { 10 00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do, by these presents, grant, bargain, sell and convey unto the Grantee, its successors or assigns, all of their right, title and interest in and to the following described real estate and premises, and including all right, title and interest: in and to the airspace, light and view above the surface of the following described real estate, to wit: See attached Exhibit "A" NO D CU ENTA11Y STAMPS NECESSARY 68 0o& 3202(11) together with all and singular the tenements, hereditarnents and appurtenances thereto belonging or in any wise appertaining forever. The reservation and exception of mineral rights herein does not include rock, gravel, sand and other road building materials. To have and to hold the sauce free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature, reserving and excepting the mineral interests therein; provided, however, that any explorations or development of said reserved mineral rights shall not directly or indirectly interfere with the use of said land by the Grantee. And Grantors, their heirs, executors, administrators and assigns, do hereby covenant, promise and agree to and with Grantee, its successors or assigns, at the delivery of these presents they are lawfully seized in their own right of an absolute and indefeasible estate of inheritance in fee simple, of and in all singular the above granted and described premises, with the appurtenances; that the same are free, clear, and discharged and unencumbered of and from all Former and other grants, titles, charges, estates, ,judgments, taxes, assessments and encumbrances, of whatsoever nature and kind, except: easements and building restrictions of record and special assessments not yet due; and that Grantors will warrant and forever defend the same unto the Grantee, its successors and assigns, against the Grantors, their heirs, executors, administrators or assigns and all and every person or persons whomsoever, lawfuully claiming or to claim the same, IN VVITNESS WHEREOF, Grantors have executed or caused to be executed, this instrument the day and year first above written, Wayne Alberty State of Qklah ) )ss County "Tulsa ) Donna :Ruth Alberty Before me, a Notary Public in and for this State, on this - day of 2003, personally appeared, Wayne Alberty and Donna Ruth Albert; Husband and Wife, to me known to be the identical person(s)__ __ who executed the within and foregoing instrument, and acknowledged to me that executed the same as free and voluntary act and deed for the uses and purposes therein set forth, WITNESS my hand and seal the day and year last above written. Notary Public My Commission Expires: I F[31102010 . I - 11 11 11 11 That (GRANTOR) has this day =grante:mto �the City of Owasso, Tulsa County, Oklahoma, (CITY) a temporary easement over the following described land: ' EXHIBIT "A" The sole purpose of this easement is to grant to the CITY the right to enter upon the above described tract of land for the purpose of constructing a driveway entrance to accommodate said premises to the construction or reconstruction of the street adjacent thereto; including the right to use and remove any and all dirt, rock, gravel, sand and other road building materials from the above tract of land. It is a condition of this easement that it shall not be filed for record and that all rights of the CITY in the above described right-of-way shall terminate upon completion of construction of the street project. Grantor hereby covenants and warrants that at the time of execution of this easement, Grantor is the owner in fee simple of the above described tract of land, (INDIVIDUAL) STATE OF-- COUNTY OF --- ., M My Commission Expires: Parcel 2.1 'CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS' 17.00" 4 1 EXISTING 100' GRDA EASEMENT 36 15' 'DONNA RUTH ALBERTY' t F _*4 � Lu LLA L6 a POINT OF BEGINNING 2p TEMPORARY CoNs-rRUCTION I EASEMENT (5048.63 SO FT) PARCEL 2,1 EXISTING SAN, SWR. EASEMENT PROPOSED 50° RIGHT- OF-WAY oll i iowi 'BOBBY RAY d JACQUELINE J. i 6 MIMISH' c U-1 co E. 86th ST. N. SE Corner, SEC. 20 EXHIBIT A TRACT NO.02 PERMANENT RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT OWNER., DONNA RUTH ALBERTY LOCATION., A TRACT OF LAND IN THE E12 OF SECTION 20,7--21-N, R-14 -E LEGEND V71 [z PERMANENT RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT POINT OF BEGINNING PERMANENT RIGHT-OF-WAY (11,220.00 SO. FT.) PARCEL 2 V,zlool Tract No. 02 - Permanent Right-of-WH-4 TenMorary Construction Easement AND Tem,po LvArndi0?—V.MPF%,Qa4.QW CrV44 41Z;iiiii��WiM�- iescribed as follows: *WNER: Donna Ruth Alberty TRACT 02.000 Story & Associates 10011 East 39`1' Street, Tulsa, Oklahoma 74146 `Telephone-. (9,18) 61.0 -1135 -Fax: (91Sj 660 -8068 - E -Mail: JStoAy�Ci�,tuisarealtors.com Internet Home Page: home. mind spring. coml johnstory Real Estate Services - Appraisals, appraisal Reviews, Brokerage, Consultations August 8, 2003 Ron Cates City of Owasso P. O. Box 180 Owasso, Oklahoma 74055 Re: Real Es ion: Supplemental Analysis and Appraisal Revision Alberty Property — 129t" East Avenue Project Dear Mr. Cates: According to our conversations, I have reviewed information provided by the Owasso City Planner, Mr. Eric Wiles, and hereby submit this appraisal revision. This letter is being submitted in supplement to a written real estate appraisal with a report date 9olfryJune 4, 2003, which is hereby made part of this revision by reference (including the appraisers certification, limiting conditions, etc.). With regard to this appraisal revision: 1. Mr. Wiles indicates that the City of Owasso would be receptive to giving reasonable consideration to uses other than residential to the Alberty property. This information, when considered with neighboring land use trends, favors a more intensive highest and best use opinion for the tract. Transitional uses that involve multi - family residential, office, special -use residential such as retirement housing or nursing homes, etc., can be considered reasonably probable, rather than merely a speculative possibility. 2. Recognizing this highest and best use, the comparable sales referenced in the report must be given new consideration. The Group #1 sales are of tracts that have commercial use potential. These prices range from $330 to $4.07 per square foot, with an average off$3.55 per square foot. Since the subject Ron Cates Page 2 August 8, 2003 does not have a commercial highest and best use (i.e., reasonably probable use that is physically, legally, and economically feasible), these sales set a superior indication of value in direct comparison to the subject property. The more recent sale of the Home Depot site to the north (in closer proximity to the 91" Street intersection) at over $5.00 per square foot confirms the changing nature of the market and its continued desirability for urban development. However; it is beyond reasonable probability at the present time : or the subject property to be realistically regarded to have a retail commercial highest and best use. 4. The group #2 sales shove a range of 42¢ to $1.43 per square foot, with an average of '740 per square foot ($32,234 per acre). Due to the larger size of most of these sales, and their general orientation toward multi® and /or single family residential land uses, they are regarded to be inferior to the subject for direct comparison purposes. With the Group #1 & #2 sales showing inferior and superior value categories in comparison to the subject, a broad value range of around $1.50 to $2.50 tends to be bracketed for the subject. This conforms to general market trends, whereby office or multi - family land is in a value category between residential and commercial land. While the subject's locational characteristics are considered good, it is bounded by single family subdivision uses on two sides, and a church use on the other. At the present time, these are neighborhood factors that indicate that the highest desirability of development intensity cannot be easily expected. The mid- to upper -mid portion of the bracketed range is therefore given primary weight, or say $2.00 to $2.25 per square foot. For this appraisal, the upper end of the range is estimated to be most applicable: $2.25 per square foot. See letter attachment for the revised estimate of just compensation. Thank you for the opportunity to be of service. If you have questions, need additional information, etc., please contact me. Sincerely, JStory, III Enclosure Alberty Property Project Oldahoxna In supplement to a written appraisal report dated 6/4/2003, submitted by the undersigned, the revised estimate of just compensation is: Value Djj�1lmr ml Permanent right-of-way 0.25758 acres �� $98,010 per acre 11,220 sq. ft. U $2.25 per sq. ft. _ $25,245 Temporary driveway construction easement 0.040 acres $2.25 per sq. ft. $98,010 per acre $3,920 sub -total x 10% rental m +° $392 Total for right-of-way and easement: — ----- -w-- -wmwww $25,637 Building and /or site improvements (see C -T °C): + $0 Total value of the part taken: $25,637 = $25,650 DaMages to the r nainder �r c t oa nr Land: (no remainder darnages known or identified) $0 Improvements: (no improvements) = + $0 Cost-to-cure: minor fencing and /or miscellaneous: = + $500 Total damages & cost-to-cure: — $500 Special offsetting benefits: None specifically defined ® see report comments — $0 Net damages to the remainder: _ $500 In summary to the above: Total estimate of rust compensation: Signature Date: 8/08/2003 Joh Story, III, FAS, ASA, CCIM e Certified General Appraiser #10107 Story & Associates Prepared for Cinnabar Service Company PROJECT-: 96th tic 129th East Avenue, Owasso, Oklahoma 1'A13C LJ.D,: Alberty Ownership 1=Y: Tulsa DUMMX��: Alberty, Donna Ruth & Wayne 9302 North 129th East Avenue Owasso, Old 74055 &TATELC i 0: N/A 1ENANT=: N/A L0 .AT1QN 0) 1A0Y =: Nest side of 129th East Avenue, 1/4 to 1/2 mile± south of the intersection of 96th Street North and 129th East Avenue. Z : A0 (Agriculture). PRESENT l ,: Unplatted acreage improved with a single family residence that was constructed about 1950. HI ST i3 .Si" JC.�S -: Urban development in accordance with zoning and area development trends. The present building improvements to not appear to be of contributory value to the whole, except for interim use purposes. RIGHTS ARPJ AiS : Tee simple, less oil, gas or other minerals, easements and rights-of-way of record, surface rights only. D-AIF 01 YA.LUATION: e 2,_2003. Based upon all available information considered to date, the estimate ofjust compensation as detailed in the report is estimated to be: °rofal estimate of�st comnens°�tion• Value of the part taken: $ 11,400 Damages to the remainder & cost-to-cure: $500 Special offsetting benefits: $0 --------------- $11,900 Total just compensation: 512,000 Signature Date: 6/04/2003 John tory, III, AS, ASA, CClivl �t Certified eneral Appraiser 410107 �. l : .:� �; �. �,�.1 _ _ �. � � Jam.: �� � ► ! ► ! � CER EMATION: The undersigned appraiser certifies and agrees that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2,. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions. and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. The undersigned appraiser has no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4. The undersigned appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. The engagement of the undersigned appraiser to this assignment was not contingent upon developing or reporting predetermined results. 6. The compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal, 7, This report has been prepared in conformity with, and is subject to, the requirements of the Code of Ethics of the National Association of Independent Fee Appraisers, the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation, and the aides and guidelines of the Oklahoma steal Estate Appraisers Board. 8. The appraiser has personally inspected the property described herein. 9. All final conclusions and opinions concerning the real estate that are set forth in the report were prepared by the undersigned appraiser, and no one else provided significant assistance in developing said final conclusions and opinions. ASTAT N3 i` C. CO ITrOM: The above certification is subject to the following conditions and to such other specific and limiting conditions as are set forth in the report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the properties or the titles thereto, nor does the Appraiser render any opinion as to the titles, which are assumed to be good and marketable. The properties are considered as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the properties. 3. The Appraiser is not required to give testimony or appear in court with reference to the properties in question, unless arrangements have been previously made therefor. 4. The Appraiser assumes that there are no hidden or unapparent conditions of the properties, subsoil, or structures, environmental or otherwise, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 5. Information, estimates, and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items can be assumed by the Appraiser. 6. Disclosure of the contents of the report is governed by the bylaws and rules of the professional appraisal organizations with which the Appraiser is affiliated; also, according to the rules and regulations of the Oklahoma steal Estate Appraisal Board. 7. Neither all, nor any part of the content of the report, or copy thereof, shall be used for any purposes by anyone but the client specified in the report, without the previous written consent of the Appraiser; nor shall it be convened by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraisers. 8. No change of any item in the report shall be made by anyone other than the undersigned appraiser, and the undersigned appraiser shall have no responsibility for any such unauthorized change. 9. The findings and opinions in the report are not based in whole or in part upon the race, color, or national origin (or other legally recognized societal group) of the prospective owners or occupants of the properties studied, or upon due race, color or national origin (or other legally recognized societal group) of the present owners or occupants of the properties in the vicinity of the properties studied. FNVIRONNiFiV I AL liISCI ATRR; The statements made in this report (unless specifically qualified to the contrary) are based on the assumption that the subject property is not negatively affected by the existence of hazardous substances, detrimental environmental conditions, and/or adverse regulatory guidelines. The undersigned appraiser is not an expert in the identification of such environmental conditions. The Client should take any necessary steps deemed appropriate to become satisfied that the subject property does not have any adverse environmental problems. APP A ISA . EDUCATION RFC- - CERTIFICATION STATFM : The National Association of Independent Fee Appraisers and the American Society of Appraisers have mandatory programs of continuing education for designated members. John Story, III, IFAS, ASA, is currently certified under the programs. Signature Date: 6/04/2003 John tory, III, AS ASA,C CIM Certified General Appraiser #10107 Story & Associates ® 10011 East 39th Street, 'Tulsa, OIL 74146 e (918) 610-1135 TABLE OF CONTENTS Appraisal Summary Page Certification and Statement of Limiting Conditions Table of Contents Assignment Identification—. ..... ......... .................. Delineation of Title & Owner Contact Information .......... important Report Comments--, ..... ............ AreaDescription .................................. ............................... Subject property Description-- ........ ............. t-Lighest & Best Use .............................. ............................... ValuationMe thods ............................... ............................... Sales Comparison Approach.... ........................ ....... ......... .Description & Effects of the Proposed Acquisition-- ......... Estimate of Just Compensation .............. ............................... Addenda .Exhibits Zoning Location Map County Data & Legal Description County Assessor Map & Proposed R/W Comparable Sale Location Map Subject Property Photographs 1 ............. ............................... .............. ..............................3 ...................4 ..... ..............................5 .............. ..............................5 .............. ..............................6 .............. ..............................9 ............. ............:................10 ASSIGNNIENT IDENTIFICATION This appraisal has been prepared according to the terms of an agreement between the Cinnabar Service Company and John Story, III. The principal road project identification is the street modification of an intersection at 96th Street North and 129th East Avenue, in Owasso, Oklahoma. The purpose of this appraisal is to estimate the amount of just compensation due to the property owner(s) as the result of a proposed property acquisition by the City of Owasso. This real estate appraisal, in relation to the purpose and intended use of the valuation estimale(s), is regarded to be a complete appraisal presented in a summary report format, according to terminology contained in the Uniform Standards of Professional .Appraisal Practice (USPAP). This assignment is intended to be in con_forrnity to the basic criteria set forth by USPAP, as supplemented by state /federal guidelines and /or USPAP'S Jurisdictional Exception provisions. Additional assignment information is as follows: t: The Client is Cinnabar Service Company, on behalf of the City of Owasso. The primary contact party has been Ms. Annette Owens, Project Manager, Apprzi= Employment of the appraiser is on an independent contractor basis. The responsible appraiser is D. John Story, III, d/b /a Story &.Associates, 10011 Fast 39th Street, Tulsa, Oklahoma 74146, (918) 610 ®1135. Effe�rtiye o th_e Appal: The effective appraisal date is June 2, 2003, the last date of physical property inspection, and /or inspection from the exterior property lines. Purl2omo£th Appraisal: To estimate the amount ofjust compensation due to the property owner(s) as a result of the proposed right-of-way acquisition(s). Intend .d Ime r4r Int_tnded IT= : As a value negotiation guide (the intended use) for the City of Owasso, the intended user, for property acquisition purposes. ]l2k ninon of iust Com nea ion: With regard to appraising the subject property for eminent domain purposes, just compensation refers to the value of the part taken, plus damages to the remainder (if any), less offsetting special benefits (if any). In Oklahoma, special benefits can only offset damages to the remainder. I)efnition oflVlarket �lah Just compensation is closely related to market value, which is defined according to the Uniform Standards of Professional Appraisal Practice (USPAP) as being: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and Story & Associates Page I 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The above definition is commonly recognized throughout the appraisal profession, and embodies the basic concepts of other market value and "fair" market value definitions. in accordance with how buyers and sellers interact in the market, and as per court recognized procedures, the "unit rule" concept should be kept in mind. This essentially states that: ... different elements of a tract of land are not to be separately valued and then simply added together. The rule is the property is to be valued as a whole and its constituent parts are to be considered only in view of how they enhance or diminish the value of the v,hole. (fir �a1_ rk F; nq, ; Chicago, 1L: Society of Real Estate ,Appraisers; p. 31). la.ati�T.�l i)wner C"r�nta� lnft�ta Subject property owner(s): Alberty, Donna Ruth & Mayne 9302 North 129th Bast Avenue Owasso, CK 74055 Based upon information studied to date, the subject has been owned by the present owners for ten (or more) years. it is owner - occupied, According to Client request, owner contact has not been made as of this report date. For inspection purposes, the property was viewed from exterior property lines on June 2, 2003. It�p�rtant ate �ontnt�n s �' Per Client request, project plans (preliminary Bid Set dated April of 2003) have been relied upon in ascertaining the size of the proposed acquisition, and the location of the new right-of-way line. The property has been viewed from exterior property lines only. The appraiser has interpolated the legal description and parcel identification information from the construction plans, county records, and the field inspection. This appraisal is subject to revision if legal descriptions, plot plans, survey data, etc., are provided at a later date. Notations on the construction plans have been relied upon in establishing certain appraisal premises, including but not limited to, improvement items that will be replaced and/or relocated by the City's construction contractor, etc.. This appraisal is subject to revision if information is subsequently provided that alters these premises. The proposed permanent right -of -way acquisition (or portions thereof) pertains to land area that would have to be dedicated to the City of Owasso, if the subject property were to be platted for use and development. However, according to the appraiser's historic appraisal policies (which are understood to comply with court - accepted procedures), compensation for land area outside of existing statutory right -of- -way ia being compensated for, as if it were usable land, and not subject to fixture road dedication and use. AREA DESCRIPTION The subject is located in an urbanized area of Owasso that has developed over the past thirty years or so. The stretch of 129th East Avenue, between 86th Street North and 96th Street North, is over 50% developed, and is expected to continue developing on a steady basis into the foreseeable fixture. Properties have generally exhibited stable to increasing value trends over the last ten years. Supply and demand is considered balanced. Marketing time for competitively priced properties is considered to be one year or less. Single family price ranges are generally from around $100,000 to $300,000. Ages range from being new to around 30 years. Present and/or potential land use trends along or near 129th East Avenue (between 86th & 96th Streets) include commercial, office, church, public school, and single - family residential. These land use patterns are well - established, and no significant land use changes are expected in the near future (except for continued development of vacant land). In summary, the subject property is located in an established area of Owasso that has a high level of market demand. A wide range of urban land uses are located along 129th Last Avenue in the project area. Continued development of vacant land is expected to occur in the foreseeable fixture. (Note: This description is intended for brief summary purposes only. Additional information can be provided upon Client request. Also, recent and /or pending job cuts in the Tulsa metro area will most likely have some degree of adverse impact upon the Owasso area in the near future. The extent of this fixture impact is unknown at the present time.) Story & Associates Palge 3 SUBJECT PROPERTY DESCRIPTION The subject property is an acreage tract that is improved with a single family residence. See the report attachments for legal descriptions, neaps, photographs, etc.. land ALQ &C's2nfigi=iom: The overall tract is unplatted, with a land area as follows: &X-U Comment 10.50 ± Total net acreage area, less the easterly 33 feet (see attached legal description). Site dimensions are 660' (frontage) X 693' (depth). Hrmt .s% Arterial street frontage and access is on the east, from 129th E. Ave- There is one driveway entry near the northeast corner, PhyakaiMme,rilatim: The tract has level to sloping upland area that is at or near the adjacent road grade at the northeast corner. The street drops in elevation as it progresses to the south, and is below the subject site's frontage elevation near the center of the tract. At the south end of the tract, the road is above the adjacent elevations on the subject. Drainage is generally toward the south. The subject is not shown to be located in an identified FEMA 100 -year flood hazard area. 0ty5 lim: All public utilities, including sanitary sewer service, are understood to serve the subject property - or to otherwise be available in immediate proximity. Zorhg: The attached maps show the property to be zoned AO (Agriculture). Adjacent zoning to the south, and across 129th E. Ave. to the east, is single family residential. Adjacent zoning to the north is RD (Duplex) where a church is located. Adjacent zoning to the northwest is O7 (Office). Based upon research to date, a residential category (either single family or possibly low intensity multi- family) could be found to be in conformity with adjacent trends. Office zoning can sometimes be found to be an alternative to multi - family. Euildingand site impraymo a: As relates to the purpose and intended use of this appraisal, a detailed description of the improvements will not be entered into. The single family residence is located well outside of the proposed acquisition area, and will not be adversely affected. The residence is shown by County records to have been built in 1950. It is reported to be a one -story residence with 2,131 square feet. Along the street frontage, there is hogwire fence with barbed wire top strands on the north and south property lines. At the driveway entry, there are short lengths of fence on either side, along with a gate. The road frontage otherwise is grown up with what appears to be native vegetation (undergrowth and trees). This vegetation serves as a visual privacy barrier to the residence. However, the residence is located far enough back from the frontage, that the property's privacy is not dependent upon it (the trees and vegetation). A property's highest and best use is commonly referred to as being the most reasonable and probable use which will support the highest value (as defined). The use must be legal, physically possible, and economically feasible. Present use: Residential acreage homesite Highest and best use: Urban development, most likely for multi- or single - family residential uses. Office zoning can sometimes be found to be an alternative to multi-family. The existing residence appears to represent an appropriate interim use, but would niost likely be removed if the tract were to be put to its highest and best use. VALUATION METHODS The three commonly recognized appraisal approaches used in estimating value are the income, cost, and sales comparison approaches. The income approach pertains to estimating value based upon the rental income potential of a property. It is most applicable in the appraisal of income producing properties such as office buildings and shopping centers, which are owned for investment purposes. The sales comparison approach involves they direct comparison of a subject property under appraisal to comparable sales of similar properties in the competitive market area. It is commonly recognized as being the preferred appraisal approach in most instances, as it directly reflects the actions of buyers and sellers in the market place. In the cost approach, the "cost new" of buildings and improvements is estimated, deductions are made for physical condition or obsolescence, and the land value is added. The valuation methodology used in this appraisal is: Sales Comparison Approach: Cost Approach: Income Approach: Applied in estimating the land value, as it is considered most indicative of the actions of buyers and sellers in the marketplace. Not applicable, as the residence will not be adversely affected by the proposed acquisition. Not applicable, as the subject property is not classified as an income- producing property. A typical market exposure time for a property such as the subject (land, as if vacant) is estimated to be in the range of one year or less. Story & Associates Page 5 SALES COMPARISON APPROACH As relates to the purpose and intended use of this appraisal, the sales comparison approach has been applied in estimating the subject's land value. The sales given primary credence in this process are described as follows: Land Bldng Land Sale Size Size Sage $PS11 Bidnp Identification & Comments 1D# .Date Acres /S1+ SgF1 Price SM. /Acre SPSS+ Location, Seller°/Buyer, Bldg, etc. 1 10/15/02 6.90000 rr/a $300,000 $300,000 rr/a 8731 N 97th E. Ave., Owasso 300,564 $1.00 Cartwright, et al to Villas at B. Ranch $43,478 MC, B6847/P1130; CS zoning Jeff Scott, Broker, 877 -2797 Irregular, no. of 86th St. on Mingo; 132 -unit apartment complex planned: level & sloping topography, all utilities, adjoins golf course, no floodplain. 2 6/5/02 4.51000 n/a $647,700 $647,700 n/a 14401 E 86th St. North, Owasso 196,456 $3.30 Kimball - Morris to Roberson, K. $143,614 MC, B6775/P1950; CS zoning Verification: Tom Morris (Grantor) NWC of 86th North & 145th E Ave Net land area stated. All utilities. Level site, with no floodplain, Two arterial street frontages. 3 6/5/02 5.96000 n/a $372,000 $372,000 n/a 10300 N 135th E. Ave., Owasso 259,618 $1.43 Ow. Land Trust to Capital Homes $62,416 MC, B6831/P352; PL D zoned Verification: Seller's office Irregular shape, west of 129th E Ave. & south of 106th North. Interior tract adjacent to existing development. All utilities, no floodplain. 4 7/22/02 7.65000 n/a $1,100,000 $1,100,000 n/a 11212 E 96th St. North, Owasso 333,234 $3.30 Caudle, J. to 96th & Garnett, LLC $143,791 MD C, B679l/P529: CS/Res. zoned Verification: Seller, Mr. Caudle 549 X 609; SWC 96 & Garnett Tract with all utilities purchased for investment. Partial floodplain, no improvements of contributory value, 5 7/15/02 38.37000 n/a $715,000 $715,000 n/a 14300 Block E. 76th St. North, Owasso 1,671,397 $0.43 Owasso Land Dev, to Sokolosky, D. M. $18,634 MC, B6784/P1109; RS1 zoned Verification: Grantor Irreg., no. side 76th, east of 129th E Ave Vacant land w/ all utilities except sewer. Planned for residential development. adoins golf course, 5 %t floodplain area. 6 7/15/02 8,47000 n/a $1,500,000 $1,500,000 n/a 12800 Blk E 96th North, Owasso 368,953 $4.07 Owasso Prop. One to 96th & 129th LLC $177,096 MDC, 136762/1`1756; CS zoned B. Lawrence, agent, 272 -0809 Irreg., SWC 96th North & 129th E Ave Vacant site, all utilities, generally level topo. No floodplain reported. Purchased for investment. (continued next page) (continued from previous page) Land Bldng Sale Size Size ID# Date Acres /SP' Sqn 7 5/2/02 66.42000 nJa 2,893,255 8 11/16/01 66.23000 n/a 2,884,979 9 10/15/01 44.45000 rda 1,936,242 The above sales have been researched and verified through various means, which include reference to published reports, on-line research of county records and data reporting services, and /or conversations with knowledgeable parties, etc.. Lased upon study to date, they are believed to fairly represent the real estate market affecting the subject property, The sales vary somewhat in their highest and best use potential, locational characteristics, physical features, utility services, etc.. However, they are all within the subject's competitive market area. (continued next page) Story & Associates Palge 7 Land Sale SPSF Bldng Identification & Comments Price S/P /Acre SPSF Location, Seller/Buyer, BIJPg, etc. $1,229,000 $1,229,000 n/a 9800 Block N 117th B Ave. Owasso $0.42 Johnson, M. to Longford LLC $18,503 MDQ B6712/P169; RS zoned Verification: Grantor Irreg„ interior site north of W-Mart: All utilities, slightly sloping topo, intended use if for SP .residential development. $1,478,500 $1,418,500 n/a 8700 Blk No 145th E Ave, Owasso $0.51 Silver Creek to Biakesly Morris $22,324 MDC, B6642/1?305; AG zoned Verification: Grantor Irreg., west side 129th, north of 86th St. Residential pontential w/ commercial use potential on the south. All utilitim no floodplain. $1,300,000 $1,300,000 n/a 9500 Blk No 129th B Ave, Owasso $0.67 HHS Property to Tyann Dev. Co. $29,246 IvIDC, B6619/P2232, OM zoned Verification: Grantee Irreg., wraps SWC 96th &. 129th Iviiaed use development potential, sloping topography with a lake, with off-site water /sewer costs. The above sales have been researched and verified through various means, which include reference to published reports, on-line research of county records and data reporting services, and /or conversations with knowledgeable parties, etc.. Lased upon study to date, they are believed to fairly represent the real estate market affecting the subject property, The sales vary somewhat in their highest and best use potential, locational characteristics, physical features, utility services, etc.. However, they are all within the subject's competitive market area. (continued next page) Story & Associates Palge 7 The preceding sales are more briefly summarized as follows: Group 1 m Sites with greater commercial/office highest and best use tendencies Sale Land Bldng Sale ID# Date Acres Sq Ft Sale Size Size Sale Land Bldng 7.65 ID# Date Acres Sq Ft Price $PSF $PSF Identification 1 10/02 6.90 n/a $300,000 $1.00 n/a 8731 N 97th E. Ave., Owasso 2 6/02 4.51 n/a $647,700 $3.30 n/a 14401 E 86th St. North, Owasso 3 6/02 5.96 n/a $372,000 $1.43 n/a 10300 N 135th E. Ave., Owasso 4 7/02 7.65 at/a $1,100,000 $3.30 n/a 11212 E 96th St. North, Owasso 5 7/02 38.37 n/a $715,000 $0.43 n/a 14300 Block E. 76th St. North, Owasso 6 7/02 8.47 n/a $1,500,000 $4.07 n/a 12800 Blk E 96th North, Owasso 7 5 /02 66.42 n/a $1,229,000 $0.42 n/a 9800 Block N 117th E Ave, Owasso 8 11 /01 66.23 n/a $1,478,500 $0.51 n/a 8700 Blk No 145th E Ave. Owasso 9 10 /01 44.45 n/a $1,300,000 $0.67 n1a 9500 Blk No 129th E Ave, Owasso Averages: 27.66 $960,244 $1.68 The above sales portray a fairly wide range of value, from $0,42 to $4.07 per square foot, with an average of $1.65 per square foot. For discussion and analysis purposes, the comparable sales can be further grouped as follows: Group 1 m Sites with greater commercial/office highest and best use tendencies Sale Size Size Sale ID# Date Acres Sq Ft Price 2 6/02 4.51 n/a $647,700 4 7/02 7.65 n1a $1,100,000 6 7/02 8,47 n/a $1,500,000 Averages: 6.88 38.37 $1,082,567 Land I3ldng Size $PSF $FSF Identification $3,30 n/a 14401 E 86th St. North, Owasso $3.30 n/a 11212 E 96th St. North, Owasso $4.07 n/a 12800 Blk E 96th North, Owasso $3.55 Group 2 - Sites more oriented to office, multi- family residential, and /or single family residential Land Bldng $PSF SPSF Identification $1.00 Sale Size Size Salle ID# Date Acres Sq Ft Price 1 10/02 6.90 n/a $300,000 3 6/02 5.96 n/a $372,000 5 7/02 38.37 n/a $715,000 7 5/02 66.42 n/a $1,229,000 8 11/01 66.23 n/a $1,478,500 9 10/01 44.45 n/a $1,300,000 Averages: 38.06 $899,083 Land Bldng $PSF SPSF Identification $1.00 n/a 8731 N 97th E. Ave., Owasso $1.43 n/a 10300 N 135th E. Ave„ Owasso $0.43 n/a 14300 Block E. 76th St. North, Owasso $0.42 n/a 9800 Block N 117th E Ave, Owasso $0.51 n/a 8700 Blk No 145th E Ave, Owasso $0.67 n/a 9500 Blk No 129th E Ave, Owasso $0.74 The Group 41 sales are of tracts that have greater potential for commercial use. These prices range from $3.30 to $4.07 per square foot, with an average of $3.55 per square foot. Since the subject does not have a commercial highest and best use, these sales are not applicable. The Group 42 sales are more directly comparable to the subject property. They show a range of 420 to $1.43 per square foot, with an average of 74¢ per square foot ($32,234 per acre). Sales 1 & 3 tend to be superior to the subject property, due primarily to CS and PUD designations. However, Sale 1 adjoins a golf course and will be used for multi - family development - somewhat similar characteristics to the subject. The other sales in Group 2 tend to be inferior in comparison to the subject property, as relates to their larger sizes and overall locational characteristics. Their sale prices (42¢ to 67¢ per square foot) therefore set a lower limits of value for the subject property. In final analysis, the comparables are deemed to be supportive of $0.75 to $1.00 per square foot for the subject property. Due to the property's desirable location, the upper end is given primary weight in final analysis: $1.00 per square foot; or $43,560 per acre DESCRIPTION & EFFECTS OF TIE PROPOSED ACQUISITION The proposed acquisition pertains to a permanent right-of-way and temporary construction easement. A e t=urf,) The proposed acquisition is described as follows, based upon information studied to date: This is a permanent road right-of-way taking, it is a strip of land identified as follows: The east 17 feet of the subject property, as legally described on report attachments. 17' X 660' = 11,220 square feet = 0,25758 acres The subject is undeveloped land, that has an entry driveway with related fencing and gate entry, native trees and vegetation along the road frontage, and fencing on the north and south property lines. See additional descriptive comments on Page 4. IQmporaly Driveway Dzl_sttxtaan. asemrn : This is a temporary easement that relates to driveway replacement. It is identified as follows: 30' X 35' m 1,050 square feet = 0.0241 acres As a result of the proposed acquisition, the present road right-of-way will be widened out by an additional 17 feet, to a total of 50 feet (as measured from the center of the section line). The driveway will be replaced by the project contractor. As a result of the proposed taking, the owners should be compensated for the following items: 1. The value of the new right-of-way to be acquired. According to previous market analysis and discussion, the overall land value of the whole has been estimated at 51.00 per square foot, or $43,560 per acre. See the total calculation for this item in the next report section. 2. Rental of the temporary construction easement. See the total calculation for this item in the next report section. 3. For fencing at the north and south property lines, as well as mailbox relocation, and miscellaneous minor items, a compensation allowance of $500 is considered appropriate. The project plans show that the fencing and gate located in the temporary easement (at the driveway entry) will be replaced and /or relocated by the project contractor. Compensation for these items is therefore not necessary. The native vegetation and growth along the road fi-ontage will be removed for the project. However, no landscape specimen trees were noted, and the removal of said vegetation will not adversely affect the ,° value of the remainder. Its contributory value is therefore considered to be appurtenant to the land, and a separately identifiable value (over and above that of the land value alone) is not considered reflective of the market (and is therefore not applicable). No special benefits to the subject remainder have been found, based upon the appraiser's study leading up to the date of this report. The total estimate of just compensation is itemized on the next page. Story & Associates Page 9 ES"TEviATE OF JUST COMPENSATION Based upon the preceding report discussion and analysis, the estimate of just compensation is as follows Yab of the RaaJ&= Permanent right-of-way 0.25755 acres @ $43,560 per acre 11,220 sq. ft. @ $1.00 per sq. f4. $11,220 Temporary driveway construction casement 0.040 acres is $1.00 per sq, it. $4:3,560 per acre $1,742 sub-total x 10% rental + $174 Total for right-of-way asad easement: $11,394 Building and/or site improvements (see C- -Q: $0 Total value of the part taken: $11,394 m $11,400 ��P.S t�111�ierltatn� �(9St °tCl °Clare; Land: (no remainder damages known or identified) $0 Improvements: (no improvements) a $0 Cost- to-cure: minor fencing and/or miscellaneous: + $500 `total damages & cost -to -cure: $500 $ ecia ffzettin� S6 Intone specifically detained - see report comments — m $0 t aan ges to the xezaaainder° $500 In summary to the above valuation process: �C)t�l e5YYYY1aYe Of a11St Cexali:P S�ah(9n: Value of the part taken: $11.400 Damages to the remainder & cost-to-care: $500 Special offsetting benefits: $0 $11,900 "total just compensation: $12,000 (See the Important Report Comments on Page 2 of this report.) Story &. Associates n.,,,, 1 n Zoning Location Map County Data & Legal Description County Assessor leap & Proposed RAV Comparable Salo Location Map Subject Property Photographs Story & Associates ® 10011 East 39th Street, 'Tulsa, OK 74146 - (913) 610 -1135 Z®NING L®c (47ri®,j TR2106 NA00 Tulsa County Treas er Tape Roll 06/02/03 17:25:49 1 MORE C RECORD 2002 REAL ESTATE TAX Record. Displayed: Parca1 o 91420 14 20 00010 91.420-14 -20 -00010 Tax Roll. 02 01 2158320 02-01-2158320-068-3 ALBERTY, DONNA RUTH PRT BE NE BEG 375N SECR. NE TH W726 N660 E726 9302 N 129TD E AVE 5660 POB LESS E,33 THEREOF FOR RD SEC 20 21 OWASSO OE 74055 1q.4� ry 10 a 5 CS TJNPfMf J FJ) Gkoss Assessed 6,876 MTG 02/19/1998 90 016480 ALDERTY, DONNA RUTH Exemption w 1,000 RANI{ OF OKLA Net Assessed 5,876 REL 08/20/1998 98 091815 MANIC OF OKLA 118 TaxRate x 113 ®50 PROPERTY ADDR.A 9302 N 129 AV E Tax Amount d 66700 142000010 RFS 06/24/1999 99 Fees/Cost -, 0.00 Balance Dare 0.00 142001010 REL 05/26/1989 89 Delinquent Tax 0.00 O/C URR RECORD Trn Action Tax Interest Fees Ref -NO Notation 1 01/02/03 333 ®50 .00 e00 00200046 BOO PIC2030020008449 2 04/01/03 333.50 ®00 ®00 00267777 BOIL PIC2030910002113 PF2= Harm PE4® Crux & History, PF5® RIBS® PTlw PageBack PF10= Mortgage Pay 91420 142000010 MTG 02/19/1998 90 016480 ALDERTY, DONNA RUTH RANI{ OF OKLA 91420 142000010 REL 08/20/1998 98 091815 MANIC OF OKLA ALRERTY, DONNA RUTH 91420 142000010 RFS 06/24/1999 99 075657 ONG ALBERTY, D WAYNE 91420 142001010 REL 05/26/1989 89 805462 WHITWORTH, R Q OWASSO PROPERTIES LTD DP64-01, HAOO TULSA COUNTY - L COMBINED DISPLAY 06/02/03 SUB 91420 ACCOUNT 14 20 00010 TAX ROLL ITEM # 02 01 21.58320 ALBERTY, DONNA RUTH PRT SE ME BEG 375N SECR NE TH W726 N660 E726 9302 V 129TH E AVE 5660 POB LESS E33 THEREOF FOR RD SEC 20 21 OWASSO OK 74055 UNPLATTED 009302 V 129 E AV -- ASSESSOR INFORMATION -- REG,HOMESTEAD 1000 NEIGHBORHOOD.. 9042 SCHOOL DIST.. 11B RESURVEY.. 2003 DBL.HOMESTEAD INSTRUMENT.... QCD DEED BOOK/PAGE. 4703 914 (CU T) LAND -------- IMPR---- M /H---- -TOTAL (OLD) LAND- - -- -IMPR-----M/H CAP 910 64,725 0 65,635 910 61600 ASD 3000 7,120 0 7,220 100 6776 TREASURER INFOPMATION ASSESSED 6,876 EXEMPTION 1,000 NET ASSESSED m 5,876 TAX RATE x 113.50 TAX AMOUNT 667.00 RTN CHK PENALTY+ .00 TAX BALANCE 0.00 DELINQUEVT TAX 0.00 NEIGHBORHOOD ....... 9042 CONST CLASS .. FAIR + FULL BATH(S) ......... 1 CLASS CODE .......... XAX STORY HEIGHT... ..... 1.00 HALF BATH(S) ... ..... 0 PARTIAL ASSESSMENT .. -TERIOR WALL ... MIXED ATT GAR1 .... -- .... 650 FIELD MAN WUMBER ..... 424 ENC PORCHI ......... - ATT GAR2 .... -- ... INSPECTION DATE 05/02 ENC PORCH2 ... ....... DET GARI ............ DEED DATE .... OPEN PORCHI-- ..... 124 DET GAR,2 ............ LAND AREA ® OPEN PORCH2 ... ...... 18 CARPORTI .......... LIVING AREA ....... 2131 AIR COND ..... .......... Y CARPORTZ ... I FLOOR AREA 2131® SQ FT ROOF MATERIAL ASPHALT POOL TYPE ...m 2 FLOOR AREA YEAR BUILT........... 1.950 ,POOL HEATING. 3 FLOOR APM PHYSICAL CONDTN AVERAGE POOL AREA ........... BSMT AREA. ......... 360 FIX BSMT AR... ..... BAL,DCKS,STOOP ...... 630 02110 6.90 AC. I SUBJ 55 14 -X/ 13 RIW; 17'X L60' z' 11,220 -50 Fr 0, 2 5 B AIR65 SuFect Photographs Story & Associates Looking south from north property line. No staking was in place, but new RIW line appears to come to the right (west) of the second fence post in the foreground, Native tree at photo's left will be taken. Pine tree in photo's background appears to be outside of the proposed ftM View of entry driveway. Looking north along street frontage, f � =1. Story & Associates Looking north from just south of the subject's south property line. New R/W line appears to be between the two electric poles (1-1-frame to the lefty and the service pole to the right). Looking north from just south of the subject's south property line. I Aug-06-03 03:211 Fy-am J S-tc3Y'-y gla 660 E3068 P002 ?,n,4 (,, (, 2 PA&r S-25- 11 da TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DAN DANCEY CHIEF OF POLICE suBjEcT, SUPPLEMENTAL APP ROPRIA,riON POLICE DEPARTMENT DATE: August 14, 2003 BACKGROUND: In June 2003 the Department of Justice sent notification via email stating the City of Owasso was successful with the submitted request and would be receiving $ 9,495 in grant funding. Due to federal budget constraints, the department's request was only partially funded. K& Siam In order for the City of Owasso to utilize funds from the Bulletproof Vest Partnership Program, a supplemental appropriation to the Police Department of the General Fund is needed. The supplemental appropriation would increase both revenues and expenditures of the Police Department by $ 9,495. Funding for this request is derived from the Bulletproof Vest Partnership Grant in the amount of $9,495. This grant program is provided through the Department of Justice. oj� wro Staff recommends Council approval of a supplemental appropriation to the General Fund, increasing revenues and expenditures by $ 9,495 in the Police Department . A,rTACHMENT- 1. Official -notification from the Department of Justice Cn behalf of Assistant Attorney General Deborah Daniels and the Bureau c)F ;7ustics ssie s tance (8JA), it is my pleasure to officially announce that OWASSO CITY' s applica7ion for the 2003 Bulletproof Vest Partnership Grant Program has been approved in the amount of $9495,40. This amount represents the maximum federal funds available. These funds may be used to pay up to 50% of the cost; of approved vest purchases, BJA is proud of its success it, partnering with striate and local law enforcement by providing resources to departments for the purchase of protective body armor. Since this program began in 1999, 8JA has provided $1e18 million to support the purchase of more than 400,000 vests nationwide, In the near future, you will be notified when this year's funding is available for direct, online payment requests. Additional information about program requirements will also be forthcoming, if you need any imm.edieate, assistance, please call our technical support team toll-free at 1-877-758-3787. < Thank you. Sincerely, G. Camille Gain (Acting) Director, BJA MEMORANDUM TO. THE' HONORABLE MAYOR AND CITY CO UNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT. BUDGET AMENDMENT EMERGENCY PREPAREDNESS DEPARTMENT DATE. August 14, 2003 Because the money was actually received in the last fiscal year only the expenditures of the Emergency Preparedness Budget need to be increased to allow for the use of the funds for the INCOG contract. The Emergency Operations Plan itself will be developed by INCOG with the assistance of a committee of staff members from several departments including, but not limited to: Police, Fire, Public Works, Support Services, Community Development, and Managerial. Please note that the grant funds have already been receipted and are available in the general Fund. Staff recommends approval of the Supplemental Appropriation to the Emergency Preparedness Department of the General Fund, increasing expenditures by $14,285. ATTACHMENTS: 1. Emergency Preparedness Budget City of Owasso Fiscal Year 20032004 Annual Budget Emergency Preparedness 01 280 53200 Actual Actual Budget Proposed Line Item Description 2000-2001 2001-2002 2002-2003 2003-2004 Personal Services 6,917 5,400 5,400 01 280 51001 Salaries & Wages - - - 30,975 51055 Incentives 1,200 53610 - 51100 Overtime 345 1,000 1,000 51200 FICA Travel & Training 2,300' 51250 Unemployment Ins. 3,000 53670 53 51260 Workers Comp 339 350 805 51300 Retirement 10,474 8,606 2,805 51400 Medical/Life Insurance 5,100 *Total Personal Services* 42,038 Materials & Supplies 01 280 52100 Operating Supplies 1,800 2,000 52400 Repair & Maint. Supplies 'I'll 38 1,300 2,000 *Total Materials & Supplies* ill 38 39100 4,000 01 280 53200 Utilities 993 1,005 900 900 63400 Repair & Maint. Services 7,968 6,917 5,400 5,400 53500 Rentals - - 100 1,200 53610 Telephone 1,487 345 1,000 1,000 53650 Travel & Training 1,000 3,000 53670 Dues & Fees 25 339 350 500 *Total Other Services & Charges 10,474 8,606 8,750 129000 Capital Outlay 01 280 54400 Machinery & Equipment *Total Capital Outlay* 2,976 4,800 3,000 2,976 4,800 3,000 Total Operating 13,560 8,644 16,650 61,038 41