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2012.04.17_City Council Agenda
Agenda File PUBLIC NOTICE OF THE MEETING OF i nc OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Regular APR 13 2012, DATE: April 17, 2012 TIME: 6:30 p.m. City Clerks Offiw PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, April 13, 2012. Sherry Bishop ity Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Jerry Remington of Bible Baptist 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 the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the April 3, 2012 Regular Meeting and the April 10, 2012 Special Meeting Attachment # 5-A B. Approval of Claims Attachment # 5-B C. Acknowledge receipt of the monthly budget status report Attachment # 5-C D. Approval of Ordinance No. 1003, closing to the public use a portion of a utility easement located on property known as Lot 34, Block 5, Nottingham Estates III, an addition to the City of Owasso, located in the Northeast Quarter of Section 21, Township 21 North, Range 14 East, Tulsa County, Oklahoma. Whereas the City of Owasso retains the absolute right to reopen the same without expense to the Municipality, and repealing all Ordinances or Parts of Ordinances in conflict herewith Attachment # 5-D Owasso City Council April 17, 2012 Page 2 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to a request for approval of a workers' compensation settlement Ms. Michele Dempster Attachment #7 Staff recommends City Council approval and authorization for payment of the workers' compensation settlement for Fred "Steven" Corley in the total amount of $38,760. Consideration and appropriate action relating to a request to award the bid for the Skate Park Improvements contract in the amount of $262,413 to Native Skateparks, LLC and authorization to execute the agreement Mr. Larry Langford Attachment #8 Staff recommends approval to award the bid for the Skate Park Improvements contract and authorization to execute the agreement. 9. Consideration and appropriate action relating to a request for approval of a budget amendment increasing estimated revenue in the General Fund by $4,558, and increasing the appropriation for expenditures in the General Fund by $4,558, and increasing the appropriation for expenditures in the Park Development Fund by $161,000 Mr. Larry Langford Attachment #9 Staff recommends approval of a budget amendment. 10. Consideration and appropriate action relating to a request for approval of Ordinance No. 1004, amending the City of Owasso Zoning Code as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Sub-Chapter 8, Planned Unit Developments and Overlay Districts, Section 860, Overlay Districts, by adding Sub-Section 860.4.1, Purpose, 860.4.2, US-169 Corridor Overlay Designated, 860.4.3, Permitted Uses, 860.4.4, Non-Conforming Uses, 860.4.5, Landscape Requirements, 860.4.6, General Requirements, 860.4.7, Design Considerations, and 860.4.8, Building and Site Design Standards Mr. Bronce Stephenson Attachment #10 Staff recommends approval of Ordinance No. 1004. 11. Consideration and appropriate action relating to a request for approval of the Final Plat, Willis Farms Addition (Sam's) Mr. Bronce Stephenson Attachment #11 Staff recommends approval of the final plat for the Willis Farms Addition (Sam's) subject to Planning Commission recommendation. Owasso City Council April 17, 2012 Page 3 12. Consideration and appropriate action relating to a request for approval of Resolution No. 2012-04, amending the Priority Determination of Capital Improvement Projects funded by the third penny sales tax as recommended by the Capital Improvements Committee Mr. Warren Lehr Attachment # 12 Staff recommends approval of Resolution No. 2012-04. 13. Consideration and appropriate action relating to a request for approval of a Construction Agreement between the OPWA and Sam's Real Estate Trust for limited purposes set forth in the Agreement; and, approving the indebtedness of the OPWA as set forth in the Agreement Ms. Chelsea Harkins Attachment # 13 Staff recommends approval of the Construction Agreement between the OPWA and Sam's Real Estate Trust for the construction of street, water, and sanitary sewer infrastructure improvements for which Sam's will be entitled to reimbursement; and, approval of the indebtedness of the OPWA as set forth in the Agreement. 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 OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 3, 2012 The Owasso City Council met in regular session on Tuesday, April 3, 2012 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, March 30, 2012. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m, ITEM 2 INVOCATION The invocation was offered by Pastor Dale Blackwood ITEM 3 FLAG SALUTE Councilor Stovall led the flag salute ITEM 4 ROLL CALL PRESENT Doug Bonebrake, Mayor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Bryan Stovall, Vice Mayor Steve Cataudella, Councilor ITEM 5 PRESENTATION OF EMPLOYEE OF THE QUARTER Mr. Ray presented the Employee of the Quarter, Jessica Henry. ITEM 6 PRESENTATION OF THE CHARACTER TRAIT PERSUASIVENESS Mike Henry, Character Council Member, presented to the City Council "Persuasiveness," the Character Trait of the Month for April 2012. Owasso City Council April 3, 2012 ITEivI 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the March 20, 2012 Regular Meeting B. Approval of Claims Mr. Brown moved, seconded by Mr. Ross to approve the Consent Agenda with claims totaling $148,377.37. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 03/24/12. YEA: Ross, Brown, Bonebrake NAY: None Motion carried 3-0 ITEM 8 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required. PUBLIC HEARING ITEM 9 THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING CITIZEN COMMENTS AND INPUT RELATING TO PROPOSED CAPITAL IMPROVEMENT PROJECTS TO BE FUNDED BY THE THIRD PENNY SALES TAX Warren Lehr introduced the list of recommended projects: Vehicle Maintenance Facility, Main Police Station, East 96th Street North and North 129th East Avenue Infrastructure Improvements, Annual Street Rehabilitation Program, Garnett Road Widening Project from East 96th Street North to East 106th Street North, and Elm Creek park Improvements. Mayor Doug Bonebrake opened the floor at 7:00 p.m. to receive citizen comments and input relating to proposed Capital Improvement Projects as noticed in the Owasso Reporter on March 22, 2012. One person spoke and the Public Hearing was closed at 7:03 p.m. ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF RESOLUTION 2012-03 AFFIRMING THE CITY'S PARTICIPATION IN THE TULSA URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FACILITATING A COOPERATION AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE PROJECT APPLICATION DOCUMENTS Karl Fritschen presented the item recommending City Council approval of Resolution 2012-03 which facilitates CDBG funding of sidewalk repair and installation, and curb and gutter repair. After discussion, Mr. Ross moved, seconded by Mr. Brown to approve Resolution 2012-03, as recommended. YEA: Brown, Ross, Bonebrake NAY: None Motion carried 3-0 ITEM 1 1 REPORT FROM CITY MANAGER Rodney Ray announced that the new Council orientation has begun. Roger Stevens provided a Status Report on Public Works Projects. Owasso City Council April 3, 2012 ITEM 12 REPORT FROM CITY ATTORNEY No report ITEM 13 REPORT FROM CITY COUNCILORS Mayor Bonebrake introduced Boy Scout Troops 93 and 857 who were working on their citizenship and communications badges. ITEM 14 NEW BUSINESS None ITEM 15 ADJOURNMENT Mr. Brown moved, seconded by Mr. Ross, to adjourn YEA: Ross, Brown, Bonebrake NAY: None Motion carried 3-0 and the meeting was adjourned at 7:23 p.m. Doug Bonebrake, Mayor Juliann M. Stevens, Minute Clerk 3 OWASSO CITY COUNCIL, OPWA, AND OPG A MINUTES OF JOINT SPECIAL MEETING TUESDAY, APRIL 10, 2012 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a special meeting on Tuesday, April 10, 2012 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 PM on Friday, April 6, 2012. ITEM 1: CALL TO ORDER Vice Mayor Stovall called the meeting to order at 6:00 p.m. Mayor Bonebrake arrived at 6:05 p.m, Councilor Brown arrived at 6:10 p,m. PRESENT ABSENT Doug Bonebrake, Mayor/Chairman Bryan Stovall, Vice Mayor/Vice Chairman Steve Cataudella, Councilor/Trustee Charlie Brown, Councilor/Trustee Patrick Ross, Councilor/Trustee A quorum was declared present ITEM 2: DISCUSSION RELATING TO OPERATIONAL ITEMS A. Skate Park Bid Review B. US-169 Overlay District - Ordinance No. 1004 C. Willis Farm's Addition Final Plat (Sam's) Larry Langford presented item A, Skate Park Bid Review, and discussion was held. It was further explained that item A will be placed on the April 17 agenda for consideration and appropriate action, Bronce Stephenson presented item B, US-169 Overlay District - Ordinance No. 1004, and item C, Willis Farm's Addition Final Plat (Sam's), and discussion was held, It was further explained that both items will be placed on the April 17 agenda for consideration and appropriate action. ITEM 3: DISCUSSION RELATING TO CITY MANAGER ITEMS A. Proposed Construction Agreement with Sam's for Infrastructure Improvements B, CIP Recommendation C. Silver Creek Detention Facility D. Ranch Creek Interceptor Project Approval E. Wind Tower Ordinance - 2nd Discussion F. City Manager Report 1, Sales Tax Report 2. FY 2013 Budget 3. CNG Project Update Chelsea Harkins presented item A, Proposed Construction Agreement with Sam's for Infrastructure Improvements, and discussion was held, It was further explained that item A will be placed on the April 17 agenda for consideration and appropriate action. Owasso City Council April 10, 2012 Warren Lehr presented item B, CIP Recommendation, and discussion was held. It was further explained that item B will be placed on the April 17 agenda for consideration and appropriate action. Roger Stevens presented item C, Silver Creek Detention Facility, and discussion was held. This item will be considered for further discussion by staff with the Silver Creek HOA. Councilor Cataudella left the meeting at 8:05 p.m. Roger Stevens presented item D, Ranch Creek Interceptor Project Approval, and discussion was held. If was further explained that item D will be placed on the April 17 agenda for consideration and appropriate action. Karl Fritschen presented item E, Wind Tower Ordinance, and discussion was held. Rodney Ray presented item F and discussion was held, Sherry Bishop gave an update on the Sales Tax Report. Mr. Ray gave an update on the FY 2013 Budget and the CNG Project; discussion was held. ITEM 4: REPORT FROM CITY COUNCILORS Mayor Bonebrake discussed regional issues and legislation with the Oklahoma delegation during the Tulsa Metro Chamber D.C. Fly-in. ITEM 5: ADJOURNMENT Mr. Stovall moved for adjournment, seconded by Mr. Brown YEA: Ross, Stovall, Brown, Bonebrake NAY: None Motion carried 4-0. Meeting adjourned at 9:05 p.m. Doug Bonebrake, Mayor/Chairman Juliann M. Stevens, Deputy City Clerk 2 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL AEP/PSO STREET LIGHTS 15.06 TOTAL GENERAL 15.06 GF - SEP ARRA CNG GRANT BLUE ENERGY FUELS, LLC CNG FUEL STA & FUEL CONVE 290,731.00 TOTAL GF - SEP ARRA CNG GRANT 290,731.00 MUNICIPAL COURT YOUTH SERVICES OF TULSA YOUTH COURT 3,750.00 TOTAL MUNICIPAL COURT 3,750.00 MANAGERIAL FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 179.53 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 50.00 CITY GARAGE VEHICLE PARTS - MARCH, 20 3,329.92 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 33.39 JPMORGAN CHASE BANK PIKE PASS FEES 29.10 JPMORGAN CHASE BANK OLIVE GARDEN-EMPLAPPRECI 25.00 JPMORGAN CHASE BANK AMERICAN AIR-BAGGAGE FEE 13.00 TOTAL MANAGERIAL 3,659.94 FINANCE JPMORGAN CHASE BANK CARTRIDGE WORLD-MICR 199.99 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 50.00 TOTAL FINANCE 249.99 HUMAN RESOURCES COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS FOR NEW 500.55 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 92.08 JPMORGAN CHASE BANK CLAREMORE DAILY-ADVERTISE 560.11 JPMORGAN CHASE BANK CHARACTER INITIATIVE 39.80 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 28.18 JPMORGAN CHASE BANK MEETING EXPENSE 10.97 JPMORGAN CHASE BANK TULSA WORLD-ADVERTISING 3,380.08 TOTAL HUMAN RESOURCES 4,838.77 HR - CHARACTER INITIATIVE TA N Z SIGNS & SHIRTS, INC CHARACTER INITIATIVE 120.00 TOTAL HR - CHARACTER INITIATIVE 120.00 GENERAL GOVERNMENT CINTAS CORPORATION CARPET/MAT CLEANING 39.02 CINTAS CORPORATION CARPET/MAT CLEANING 39.02 INCOG LEGISLATIVE CONSORTIUM 979.25 COMMUNITY PUBLISHERS INC PUBLICATION FEE 50.00 COMMUNITY PUBLISHERS INC PUBLICATION FEE 26.60 TULSA COUNTY CLERK FILING FEES 43.00 XEROX CORPORATION COPIER SERVICE 464.61 Page 1 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL GOVERNMENT... GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 31.69 US POSTMASTER ANNUAL PO BOX FEE 260.00 MCAFEE & TAFT LEGAL 3,380.69 HEARTLAND CONSULTING, INC CONSULTING SERVICES FY12 10,500.00 TULSA COUNTY ELECTION BOARD ELECTION EXPENSE 4,792.35 JPMORGAN CHASE BANK AMER WASTE-REFUSE SERVICE 141.06 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 359.86 TOTAL GENERAL GOVERNMENT 26,046.45 COMMUNITY DEVELOPMENT VERIZON WIRELESS WIRELESS CONNECTION 33.94 JPMORGAN CHASE BANK UNITED-BAGGAGE FEE 25.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 11.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 7.58 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 21.99 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 37.99 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 22.78 INCOG MEMBERSHIP DUES 5,013.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 322.95 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 150.00 TOTAL COMMUNITY DEVELOPMENT 5,647.46 ENGINEERING CITY GARAGE LABOR/OVERHEAD - MARCH, 2 191.67 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 536.31 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 36.43 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 6.29 VERIZON WIRELESS WIRELESS CONNECTION 67.88 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 UNIFIRST HOLDINGS LP UNIFORM RENTAL 13.20 UNITED STATES CELLULAR CORPORATION CELL BILL 59.52 TOTAL ENGINEERING 937.70 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK COX-INTERNET SERVICES 1,550.00 JPMORGAN CHASE BANK FED EX-SHIPPING 155.97 JPMORGAN CHASE BANK FEDEX-SHIPPING 13.17 VERIZON WIRELESS WIRELESS CONNECTION 67.88 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 66.67 TOTAL INFORMATION TECHNOLOGY 1,853.69 SUPPORT SERVICES CITY GARAGE LABOR/OVERHEAD - MARCH, 2 166.67 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 471.26 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 282.00 Page 2 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.07 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 JPMORGAN CHASE BANK STD SPLY LAWN-TIRE 73.15 JPMORGAN CHASE BANK LOWES-SUPPLIES 14.98 JPMORGAN CHASE BANK LOWES-SUPPLIES 6.17 JPMORGAN CHASE BANK COPY WORLD-MAINT CONTRACT 110.00 JPMORGAN CHASE BANK HORIZON -REPAIRS 1,158.50 VERIZON WIRELESS WIRELESS CONNECTION 33.96 JPMORGAN CHASE BANK SIMPSON ELEV-INSPECTION 244.00 JPMORGAN CHASE BANK STD SPLY LAWN-REPAIR 94.65 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 17.96 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 443.56 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER FEES - MARCH, 1,050.00 JPMORGAN CHASE BANK MAC SYS-SPRINKLER INSPECT 862.00 CITY GARAGE VEHICLE PARTS - MARCH, 20 15.28 TOTAL SUPPORT SERVICES 5,118.96 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 33.93 JPMORGAN CHASE BANK OWASSO LUMBER-KEYS 5.16 JPMORGAN CHASE BANK HOME DEPOT-LOCK 24.97 L & B DIRT PIT DIRT FOR CEMETERY 45.00 TOTAL CEMETERY 109.06 POLICE SERVICES JPMORGAN CHASE BANK WALMART-PACKING TAPE 20.49 JPMORGAN CHASE BANK SPECIAL OPS-ACCESSORIES 253.96 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 49.44 JPMORGAN CHASE BANK SAFEWARE-HAZMAT BOOTS 105.52 VERIZON WIRELESS WIRELESS CONNECTION 545.00 JPMORGAN CHASE BANK OWASSO FITNESS-GYM USAGE 210.00 JPMORGAN CHASE BANK LEADCHANGE-LEADERCAST 89.00 JPMORGAN CHASE BANK LOWES-ROLATAPE 58.98 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 151.66 HOWARD K. SMITH FUEL 508.91 JPMORGAN CHASE BANK PIKEPASS-TURNPIKE FEES 53.75 JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 1,056.46 JPMORGAN CHASE BANK DELL-TONER 204.22 JPMORGAN CHASE BANK PUB AGENCY TRNING-CHAMBLE 295.00 JPMORGAN CHASE BANK SIRCHIE-DETECTIVE SUPPLIE 51.38 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 180.18 JPMORGAN CHASE BANK TRANSMISSIONS-VAN REPAIR 486.33 JPMORGAN CHASE BANK MTM PMT CTR-PLAQUE 42.00 JPMORGAN CHASE BANK PATROL TECH-REPAIR BADGE 5.00 Page 3 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 9,777.52 JPMORGAN CHASE BANK WALMART-STRENGTH FINDER 157.13 JPMORGAN CHASE BANK BOTACH-HELMET 26193 JPMORGAN CHASE BANK WALMART-STRENGTH FINDER 62.76 JPMORGAN CHASE BANK SO RUBBER STAMP-STAMP 34.99 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 4,833.33 CITY GARAGE VEHICLE PARTS - MARCH, 20 3,044.07 TOTAL POLICE SERVICES 22,541.01 POLICE COMMUNICATIONS JPMORGAN CHASE BANK WALMART-SUPPLIES 38.77 JPMORGAN CHASE BANK DELL-TONER 204.22 LANGUAGE LINE SERVICES PHONE SERVICES 16.55 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIP RENTAL 450.00 JPMORGAN CHASE BANK DELL-REPLACEMENT DRUM 36.00 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 178.23 JPMORGAN CHASE BANK WALMART-SUPPLIES 45.72 TOTAL POLICE COMMUNICATIONS 969.49 ANIMAL CONTROL VERIZON WIRELESS WIRELESS CONNECTION 67.88 JPMORGAN CHASE BANK HILLS PET-FOOD 361.04 JPMORGAN CHASE BANK AUTOZONE-BULBS 25.30 JPMORGAN CHASE BANK PLATIMUN PROT-ALARM MONIT 180.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 104.84 JPMORGAN CHASE BANK REASORS-WATER 9.70 JPMORGAN CHASE BANK MED VET-VACCINES 164.43 JPMORGAN CHASE BANK HORS EWARE HO USE-VACCI NES 270.10 JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 84.60 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 166.67 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 339.90 JPMORGAN CHASE BANK TATE BOYS-MOWER TIRE 43.68 JPMORGAN CHASE BANK ATWOODS-DISPENSER 20.98 TOTAL ANIMAL CONTROL 1,839.12 FIRE SERVICES FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 2,565.24 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 1,166.67 JPMORGAN CHASE BANK ATWOODS-PARTS 4.97 NORTH AMERICA FIRE EQUIPMENT CO. UNIFORM APPAREL 170.60 NORTH AMERICA FIRE EQUIPMENT CO. UNIFORM BADGES 114.00 JPMORGAN CHASE BANK YELLOWHOUSE-REPAIR 303.35 JPMORGAN CHASE BANK AMER OVERHEAD DOOR-REPAIR 95.00 JPMORGAN CHASE BANK LOWES-COMPOUND 1.05 JPMORGAN CHASE BANK LOWES-DRILL BIT 6,77 JPMORGAN CHASE BANK PIKE PASS FEES, 2.80 Page 4 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... JPMORGAN CHASE BANK LOWES-DISHWASHER 299.00 JPMORGAN CHASE BANK ADVANCE AUTO-PARTS 6.99 JPMORGAN CHASE BANK WALMART-SUPPLIES 67.72 JPMORGAN CHASE BANK INDUST SPLICING-REPAIRS 75.00 JPMORGAN CHASE BANK CUMMINS-PART 362.31 JPMORGAN CHASE BANK CASCO INDUST-APPAREL 578.00 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 112.02 JPMORGAN CHASE BANK ADVANCE AUTO-PARTS 21.99 JPMORGAN CHASE BANK OWASSO FITNESS-GYM USAGE 780.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 4.33 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 620.40 VERIZON WIRELESS WIRELESS CONNECTION 349.66 JPMORGAN CHASE BANK GRAINGER-PART 5.63 JPMORGAN CHASE BANK KOHLS-APPAREL 99.99 JPMORGAN CHASE BANK LOWES-MULCH 28.70 JPMORGAN CHASE BANK WALMART-SUPPLIES 77.55 TOTAL FIRE SERVICES 7,919.74 EMERGENCY PREPAREDNES VERIZON WIRELESS WIRELESS CONNECTION 33.94 JPMORGAN CHASE BANK LOWES-FIXTURE 41.98 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 20.40 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 20.40 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 20.53 TOTAL EMERGENCY PREPAREDNESS 137.25 STREETS CITY GARAGE VEHICLE PARTS - MARCH, 20 284.88 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 1,166.67 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 1,909.05 JPMORGAN CHASE BANK ATWOODS-PARTS 78.05 TULSAASPHALT, LLC ASPHALT 647.69 TULSAASPHALT, LLC ASPHALT 857.52 TULSAASPHALT, LLC ASPHALT 986.49 JPMORGAN CHASE BANK OWASSO FENCE-POLES 508.56 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK OREILLY-SUPPLIES 9.98 JPMORGAN CHASE BANK VANCE BROS-TACK OIL 64.05 AEP/PSO STREET LIGHTS 5,608.99 JPMORGAN CHASE BANK EQUIPMENT ONE-PROPANE 15.16 JPMORGAN CHASE BANK VANCE BROTHERS-TACK OIL 6.93 JPMORGAN CHASE BANK VANCE BROTHERS-TACK OIL 62.37 JPMORGAN CHASE BANK LOWES-SPRAY 3.57 UNIFIRST HOLDINGS LP UNIFORM RENTAL 34.17 UNIFIRST HOLDINGS LP UNIFORM RENTAL 20.45 Page 5 Claims Dist 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount STREETS... JPMORGAN CHASE BANK WHITE STAR-PAINT 55.86 UNIFIRST HOLDINGS LP UNIFORM RENTAL 32.72 JPMORGAN CHASE BANK LOWES-TOOLS 95.61 TULSAASPHALT, LLC ASPHALT 82.07 TOTAL STREETS 14,043.84 STORMWATER JPMORGAN CHASE BANK HOME DEPOT-HINGES/LOCKS 71.30 UNIFIRST HOLDINGS LP UNIFORM RENTAL 51.31 UNIFIRST HOLDINGS LP UNIFORM RENTAL 34.96 JPMORGAN CHASE BANK P&K-BACKPACK BLOWERS 1,800.96 UNIFIRST HOLDINGS LP UNIFORM RENTAL 42.06 JPMORGAN CHASE BANK GELLCO-BOOTS 116.99 VERIZON WIRELESS WIRELESS CONNECTION 33.94 JPMORGAN CHASE BANK LOWES-LOCKS 97.72 JPMORGAN CHASE BANK OWASSO LUMBER-KEYS 5.16 JPMORGAN CHASE BANK P&K EQUIPMENT-GREASE CAP 2.05 JPMORGAN CHASE BANK PIKE PASS FEES 3.90 JPMORGAN CHASE BANK P&K EQUIPMENT-REPAIRS 217.07 JPMORGAN CHASE BANK P&K EQUIPMENT-REPAIRS 743.84 JPMORGAN CHASE BANK P&K EQUIPMENT-BELT 16.13 JPMORGAN CHASE BANK ATWOODS-TRASH BAGS 44.97 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 1,098.56 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 1,166.67 CITY GARAGE VEHICLE PARTS - MARCH, 20 420.53 TOTAL STORMWATER 5,968.12 PARKS CITY GARAGE VEHICLE PARTS - MARCH, 20 272.17 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 33133 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 651.71 OKLAHOMA WILDLIFE CONTROL, LLC BEAVER REMOVAL 525.00 OKLAHOMA WILDLIFE CONTROL, LLC BEAVER REMOVAL 150.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 12.75 TUCKER CHEMICAL, INC. JANITORIAL SUPPLIES 992.85 UNIFIRST HOLDINGS LP UNIFORM RENTAL 12.75 OKLAHOMA WILDLIFE CONTROL, LLC INSPECTION FEE 75.00 STEVE KENDRICK JR PAINTING 1,000.00 JOSEPH SMITH JANITORIAL SERVICES 574.99 JPMORGAN CHASE BANK P&K EQUIPMENT-PARTS 3.08 VERIZON WIRELESS WIRELESS CONNECTION 33.94 JPMORGAN CHASE BANK P&K EQUIPMENT-LINE 37,99 PLAY BY DESIGN, INC. WOOD FIBER FOR PARK PLAYG 2,000.00 TOTAL PARKS 6,675.56 Page 6 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount COMMUNITY CENTER JPMORGAN CHASE BANK RED BUD AIR- FILTERS 76.96 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 174.96 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 31.69 JPMORGAN CHASE BANK TUCKER JANITOR-SUPPLIES 163.95 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 206.11 JPMORGAN CHASE BANK TUCKER JANITOR-SUPPLIES 77.60 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 50.00 TOTAL COMMUNITY CENTER 781.27 HISTORICAL MUSEUM JPMORGAN CHASE BANK OFFICE DEPOT-TONER 149.99 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 110.21 WAL-MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 46.14 TOTAL HISTORICAL MUSEUM 306.34 ECONOMIC DEV VERIZON WIRELESS WIRELESS CONNECTION 40.62 JPMORGAN CHASE BANK MEETING EXPENSE 15.76 JPMORGAN CHASE BANK WEBSCRIBBLE-WEB HOSTING 19.99 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 50.00 TOTAL ECONOMIC DEV 126.37 FUND GRAND TOTAL 404,386.1 AMBULANCE SERVICE THE RAWLINGS FINANCIAL SERVICES AMBULANCE REFUND 69.90 CODY HURST AMBULANCE REFUND 275.00 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 405.13 TOTAL AMBULANCE SERVICE 750.03 AMBULANCE JPMORGAN CHASE BANK FIRE SERVICES-CPR CARD 48.00 JPMORGAN CHASE BANK KENKOOL-REPAIRS 136.00 JPMORGAN CHASE BANK KENKOOL-REPAIRS 1,331.16 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 18.96 JPMORGAN CHASE BANK HOME DEPOT-REPAIR PART 3.27 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 1,333.33 CITY GARAGE VEHICLE PARTS - MARCH, 20 237.74 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - MARCH, 2,525.86 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 257.34 JPMORGAN CHASE BANK EXCELLANCE INC-PARTS 346.64 JPMORGAN CHASE BANK FULLERTON-SUPPLIES 74.10 JPMORGAN CHASE BANK ZOLL-SUPPLIES 356.25 JPMORGAN CHASE BANK TULSA FREIGHTLINER-REPAIR 703.98 JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 140.40 JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 5.72 Page 7 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount AMBULANCE... JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 148.00 JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 31.60 JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 114.30 JPMORGAN CHASE BANK BOUNDTREE-SUPPLIES 1,068.36 TOTAL AMBULANCE 8,881.01 FUND GRAND TOTAL 9,631.0 E911 COMMUNICATIONS INCOG-E911 E911 DATABASE MAINT - APR 414.52 AT&T E911 MAPPING FEES -APRIL 355.35 TOTAL E911 COMMUNICATIONS 769.87 FUND GRAND TOTAL 769.8 CEMETERY - CEMETERY JPMORGAN CHASE BANK FASTENAL-SUPPLIES 2.61 JPMORGAN CHASE BANK HOME DEPOT-PARTS 74.40 JPMORGAN CHASE BANK FASTENAL-SUPPLIES 17.80 TOTAL CEMETERY -CEMETERY 94.81 FUND GRAND TOTAL 94.81 STRONG NEIGHBORHOODS VERIZON WIRELESS WIRELESS CONNECTION 33.94 TOTAL STRONG NEIGHBORHOODS 33.94 FUND GRAND TOTAL 33.9 STORMWATER - STORMWATE DEPARTMENT OF ENVIRONMENTAL QUALITY STORMWATER PERMIT 710.00 I IRA M GREEN CONTRUCTION GOLF COURSE DRAINAGE IMPR 6,962.00 TOTAL STORMWATER - STORMWATER 7,672.00 FUND GRAND TOTAL 7,672.0 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK WS DARLEY-CREDIT -3,629.92 JPMORGAN CHASE BANK CONRAD-TANKER EQUIPMENT 5,600.00 JPMORGAN CHASE BANK WAYEST-TANKER EQUIPMENT 24,959.00 JPMORGAN CHASE BANK CONRAD-EMERGENCY LIGHTS 892.07 JPMORGAN CHASE BANK CONRAD-EMERGENCY LIGHTS 279.36 JPMORGAN CHASE BANK CONRAD-EMERGENCY LIGHTS 990.00 JPMORGAN CHASE BANK CONRAD-EMERGENCY LIGHTS 457.92 TOTAL PUBLIC SAFETY-FIRE 29,548.43 Page 8 Claims Dist 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount FUND GRAND TOTAL 29,548.4 CI - 86 STR MAIN--MEM MURRAY ELECTRICAL SERVICE, LLC ELECTRICAL SERVICE 3,452.00 TOTAL CI - 86 STR MAIN--MEM 3,452.00 FUND GRAND TOTAL 3,452.0 CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.61 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 27.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.61 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.61 JPMORGAN CHASE BANK UNITED FORD-CREDIT -4,365.04 RANDY STARK WINDSHIELD REPL POLICE CA 195.00 JPMORGAN CHASE BANK BUMPER2BUMPER-SHOCKS 72.00 JPMORGAN CHASE BANK BUMPER213UMPER-AIR VALVE 167.33 T & W TIRE, LP TIRES 609.88 T & W TIRE, LP TIRES 635.52 JPMORGAN CHASE BANK B&M EXHAUST-A/C REPLACE 352.59 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 196.37 JPMORGAN CHASE BANK UNITED FORD-ENGINE 3,749.67 JPMORGAN CHASE BANK FRONTIER-REPAIRS 1,311.35 JPMORGAN CHASE BANK UNITED FORD-REAR AXELS 537.47 JPMORGAN CHASE BANK UNITED FORD-PARTS 417.04 JPMORGAN CHASE BANK UNITED FORD-SENSORS 408.08 JPMORGAN CHASE BANK TULSA CLEANING-SUPPLIES 210.00 TOTAL CITY GARAGE 4,616.59 FUND GRAND TOTAL 4,616.5 WORKERS' COMP SELF-INS OTAX COMMISSION SPECIAL TAX UNIT MITF QUARTERLY ASSESSMENT 2,256.44 UNITED SAFETY & CLAIMS INC TPAADMIN FEES FOR WORKER 1,610.00 TOTAL WORKERS' COMP SELF-INS 3,866.44 FUND GRAND TOTAL 3,866.4 GEN LIAB-PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - PRUNER FEB 1,949.19 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - MILLER JAN/FEB 20 399.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - SPRADLIN FEBRUARY 11,413.68 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL -ADAMS JAN/FEB 201 5,416.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - MASSANTI JAN/FEB 7,141.81 TOTAL GEN LIAB-PROP SELF INS 26,320.1$ Page 9 Claims List 4/17/2012 Budget Unit Title Vendor Name Payable Description Payment Amount FUND GRAND TOTAL CITY GRAND TOTAL 26,320. $490,391.491 Page 10 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 4/07/2012 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,566.39 Managerial 19,327.05 27,064.04 Finance 12,518.91 19,676.85 Human Resources 5,984.83 10,001.88 Community Development 10,646.70 16,379.09 Engineering 12,951.58 19,827.93 Information Systems 9,298.03 14,557.14 Support Services 6,426.54 9,159.91 Police 102,924.65 158,463.18 Central Dispatch 16,484.43 28,043.35 Animal Control 2,218.40 3,620.72 Fire 101,875.34 146,783.69 Fire-Safer Grant 10,022.38 15,799.16 Emergency Preparedness 2,798.43 4,388.29 Streets 6,428.11 11,063.76 Stormwater/ROW Maint. 5,089.16 7,429.10 Park Maintenance 9,345.47 14,142.39 Community-Senior Center 3,102.30 4,832.37 Historical Museum 600.00 673.68 Economic Development 2,826.92 3,745.10 General Fund Total 345,455.54 522,218.02 Garage Fund Total 4,103.60 6,835.67 Ambulance Fund Total 24,082.44 36,331.62 Emergency 911 Fund Total - Stormwater Fund 27 Total 1,289.64 1,445.0 Worker's Compensation Total 425.28 505.45 Strong Neighborhoods 2,077.12 3j4/1,67 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 4/17/12 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL AMOUNT 30,278.40 28,963.61 26,169.51 85,411.52 2,817.60 4,234.10 2,104.97 9,156.67 VSP VISION MEDICAL SERVICES 2,073.46 ADMIN FEES 1,259.88 VISION DEPT TOTAL 3,333.34 HEALTHCARE SELF INSURANCE FUND TOTAL 97,901.53 CITY OF OWASSO GENERALFUND FISCAL YEAR 2011-2012 Statement of Revenues & Expenditures As of March 31, 2012 MONTH YEAR PERCENT TO-DATE TO-DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,499,580 $ 14,950,874 $ 19,631,900 76.16% Licenses & permits 21,368 127,716 201,400 63.41% Intergovernmental 197,360 916,964 2,540,926 36.09% Charges for services 49,557 365,522 517,600 70.62% Fines & forfeits 70,668 538,813 910,300 59.19% Other 4,806 112,329 146,700 76.57% TOTAL REVENUES 1,843,339 17,012,218 23,948,826 71.04% EXPENDITURES: Personal services 1,421,169 10,273,288 13,976,995 73.50% Materials & supplies 97,491 568,622 750,864 75.73% Other services 90,074 1,139,496 1,705,529 66.81% Capital outlay 128,785 622,038 2,143,993 29.01% TOTAL EXPENDITURES 1,737,519 12,603,445 18,577,380 67.84% REVENUES OVER EXPENDITURES 105,820 4,408,773 5,371,446 82.08% TRANSFERS IN (OUT): Transfers in 959,260 8,866,346 11,601,600 76.42% Transfers out (1,405,896) (13,731,050) (17,965,700) 76.43% TOTAL TRANSFERS (446,636) (4,864,704) (6,364,100) 76.44% NET CHANGE IN FUND BALANCE (340,816) (455,931) (992,654) FUND BALANCE (GAAP Basis) Beginning Balance 3,944,512 Ending Balance $ 3,488,581 FUND BALANCE (Budgetary Basis) Beginning Balance 2,344,066 2,344,066 Ending Balance $ 1,888,136 $ 1,351,413 V r,~-rhc City O: Honorable Mayor and City Council Cily of Owasso FROM: Bronce L. Stephenson City Planner SUBJEC-T1 Ordinance No, 1003 DATF: April 13, 2012 SAC KG OU N 0: The City of Owasso has received a request from Bryan and Lisa Wilson for the closing of a portion of a utility easement in the Nottingham Estates neighborhood located at13304 E, 93rd Ct, N, further described as Lot 34, Block 5, Nottingham Estates III. The property owners, Bryan and Lisa Wilson, approached the City of Owasso when a survey performed on their property revealed that a structure was partially located within a utility easement, A pool and spa were constructed on the property with the proper permits, but during construction a mistake was made and a small portion of the pool and spa encroached into the 17,5 foot utility easement located at the rear of the properly, Staff notified the applicants that the appropriate process was to proceed through the closing and vacation of the portion of the easement where the structure was located, The applicants are requesting to close a portion the easement, thus clearing the title issues associated with having a structure within an easement. Required notice was sent to all franchise utility companies and to property owners adjacent to the subject property, The City of Owasso Public Works Department was also notified of the proposed closing of the portion of the easement, The Owasso Public Works Department indicated that they could still service the City utilities located within the easement and don't foresee any issues with the closing of this portion of the easement. No other utilities appear to be affected by the closing of this portion of the easement, The Technical Advisory Committee reviewed the request at their February 22, 2012 meeting, No comments or concerns were expressed at the meeting. If this item is approved by the city Council, staff will prepare a closing ordinance for Council consideration. The City Council considered this partial easement closure on March 13, 2012 and voted unanimously to approve the closing. This ordinance finalizes the closing action. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 1003 I . Location Mao 2. Ordinance 1003 3, Survey of Record Easement Closing - 13804 E 93rd Ct N 1" = 376 it City Council 0312012012 is map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions- To be sure of complete accuracy, ase. contact Owasso staff for the most up-to-date information_ CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1003 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT 34, BLOCK 5, NOTTINGHAM ESTATES III, AN ADDITION TO THE CITY OF OWASSO, LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA. WHEREAS THE CITY OF OWASSO RETAINS THE ABSOLUTE RIGHT TO REOPEN THE SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use a portion of a certain public utility easement; and, WHEREAS, said portion of utility easement is described as follows: A TRACT OF LAND THAT IS PART OF LOT THIRTY-FOUR (34}, BLOCK FIVE (5), NOTIINGHAM ESTATES III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5384 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, BLOCK 5; THENCE N68°36'22"W ALONG THE SOUTHERLY LINE OF SAID LOT 34 A DISTANCE OF 13.66 FEET TO THE POINT OF BEGINNING; THENCE N68°36'22"W CONTINUING ALONG SAID SOUTHERLY LOT LINE A DISTANCE OF 5.11 FEET; THENCE N00°08'49"E 191.32 FEET; THENCE S62°59'36"E 4.06 FEET; THENCE SO0°1 1'46"E 191.35 FEET TO THE POINT OF BEGINNING. THE VACATED EASEMENT CONTAINS 801.3 SQUARE FEET. Section 1. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 171h day of April, 2012. Doug Bonebrake, Mayor ATTEST: (SEAL) Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie, Lombardi, City Attorney PLAT OFSURVEY PROPERTY ADDRESS: 13804 EAST 93RD COURT NORTH, OWASSO, OK 74055 HOMEOWNER: BRYAN & LISA WILSON SURVEYOR'S CLIENT: BRYAN & LISA WILSON LAND DESCRIPTION AS PROVIDED: LOT THIRTY-FOUR (34), BLOCK FIVE (5), NOTTINGHAM ESTATES III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5384. FOUND 3/8' IRON FOUND 112' IRON PIN WITH ORANGE CAP PIN WITH YELLOW CAP 9 SURVEYOR'S NOTES S ey 6" F DATE OF LAST SITE VISIT WAS NOV. 30, 2011. EXISTING 17,5' U/E BASIS FOR BEARINGS ARE PER THE RECORDED PLAT. UNDERGROUND UTILITIES ARE SHOWN AS LOCATED BY OKIE TICKET #11111010450863. x % - x - THE SURVEYOR WAS NOT CONTRACTED TO PERFORM A RECORDS SEARCH NOR WAS THE SURVEYOR S 6749086- E PROVIDED ANY ADDITIONAL DOCUMENTATION PERTAINING TO THE SUBJECT PROPERTY. EASEMENTS x In AND OTHER RECORDED DOCUMENTS MAY EXIST THAT AFFECT THE SUBJECT PROPERTY. xm E - E - E = UNDERGROUND ELECTRIC. T - T - T = UNDERGROUND TELEPHONE / FIBER OPTICS. SS - SS - SS -(9= UNDERGROUND SANITARY SEWER AND MANHOLES. j X - X - X = 6' WOOD PRIVACY FENCING AS SHOWN. . x DECORATIVE WROUGHT IRON FENCING AS SHOWN. 1 I. CL - CL - CL = CENTERLINE OF EXISTING CONCRETE FOOTINGS. Legg = ELECTRIC PEDESTAL. f © = TELEPHONE PEDESTAL. 6 L° x uV V I' = 20' DRAWING SCALE FOUND 3/8' IRON / ' PIN WITH ORANGE CAP . . . N E. 93RD CT. N. o N CUL-DE-SAC q 'a T y O Z FOUND 3/8' IRON PIN WITH ORANGE CAP ~ /N// 1 1 I I c I L1 ' rq 18' BRICK L/ - RETAINING WALL VACATED EASEMENT LEGAL DESCRIPTION N 68 36 NT A TRACT OF LAND THAT IS PART OF LOT THIRTY-FOUR (34), BLOCK FIVE (5), ?2 W NOTTINGHAM ESTATES III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5384 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, BLOCK 5; THENCE N68°36'22"W ALONG THE SOUTHERLY LINE OF SAID LOT 34 A DISTANCE OF 13.66 FEET TO THE POINT OF BEGINNING; THENCE N68°36'22"W CONTINUING ALONG SAID SOUTHERLY LOT LINE A DISTANCE OF 5.11 FEET; THENCE N00008'49"E 191.32 FEET; THENCE S62°59'36"E 4.06 FEET; THENCE SGO' 11'46"E 191.35 FEET TO THE POINT OF BEGINNING. THE VACATED EASEMENT AS SHOWN CONTAINS 801.3 SQUARE FEET. j AI 'I ~ I O I ~ ~ I o a w w w x !D I I p \ x z 15386 \ \ BRICK \ ~k\ STAINING WALL ~k\\ k~.I\ PORTION OF ESMN TO BE VACATED N68'59'36"W 5.11 SURVEYOR'S STATEMENT FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER CERTIFICATE OF AUTHORIZATION CA#5848, DO HEREBY STATE THAT THIS PLAT OF SURVEY IS A TRUE AND ACCURATE REPRESENTATION OF THE SURVEY MADE ON THE GROUND BY ANDY FRITZ, PLS AND OF THE FACTS AS FOUND AT THE TIME OF THE SURVEY AND THAT THIS PLAT MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE OKLAHOMA STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. WITNESS MY HAND AND SEAL THIS EM ate; 30THDAYOFMARCH, 2012. FRITZLAND SURVEYING, LLC PO BOX 54372 TULSA, OK 74155 / PH: 918.231.0575 L FRITZPLS@YAHOO. COM AND FRITZ, PLS FLS# 11130 WILSON OK LIC. 1694 I i i I I y I I 1 w I ~ 0 N y m I a 0 I 'oo w FOUND 3/8' IRON/ PIN WITH ORANGE CAP ~SiOMAt C- andy O Fritz :30. Zo! 1694 a° riAiicv' The City Witiout Limits TO: The Honorable Mayor and City Council City Ot Owasso FROM: Michele Dempster Human Resources Director SUBJECT: Workers' Compensation Settlement DATE: April 13, 2012 BACKGROUND: In March 2011, employee Fred "Steven" Corley incurred a work-related injury to his lumbar spine during the performance of his duties with the Wastewater Treatment Plant, After undergoing surgery and treatment, Mr. Corley has been declared by the treating physicians -to have reached maximum medical improvement. Mr. Corley has not retained legal counsel and has accepted the proposed settlement of $38,760, based on the rating provided by the treating physician of 24% to the body as a whole. The settlement will be paid out to Mr, Corley in a lump sum payment of $6,000 with the remaining amount being paid out over 102 weeks. FUNDING: Worker's compensation settlements are funded out of the Workers' Compensation Self- Insurance Fund, RECOMMENDATION: Staff recommends approval and authorization for payment of the workers' compensation settlement for Fred "Steven" Corley in the total amount of $38,760. AGREEMENT: Signed Settlement Form CS-339-B WORKERS' COMPENSATION COURT Send Original and 5 copies to the Workers' Compensation Court 1915 NORTH STILES OKLAHOMA CITY, OKLAHOMA 73105-4918 Cla?m No.: 048-10-23 COMPROMISE SETTLEMENT - SECTION 339(JB) SIC Code Agreement Between Employer acrd Employee As To Duct With Relation to an Injury and Payment of Compensation (Please Woe or Print ALL information leotbiv) Full Name of Injured Employee (Claimant) Fred Corley Claimant's Social Security Number Name of Employer (Respondent) City of Owasso I Employer's Insurance Carrier,Po I rir ; our CGurt Approved ind"Vidti3i 0 if-- Insured or Own Risk Group, Uninsured Own Risk if 16960 Date of Injury 3122111 ONLY This agreement is prepared and submitted pursuant to Section 339(13) of the Workers' Compensation Code, Title 85 of the Oklahoma Statutes. By signing below, each party affirms that they have read and understand its provisions, declares under penalty of perjury that all statements are true and accurate to the best of their knowledge and belief, and understands that the agreement, if approved by the Workers' Compensation Court, is conclusive, final and binding on all the parties involved; PROVIDED, HOWEVER, IF A CHANGE IN CONDITION OCCURS, THIS AGREEMENT SHALL NOT BE FINAL, BUT MAY 13E REOPENED AND REVIEWED AS PROVIDED BY LAW, Any person who commits worker's compensation fraud, upon conviction, shalt be guilty of a felony. 1. It is hereby agreed by and between the above named parties that the claimant sustained a compensabie accidental injury on or about March 22, 2011, at (time) while in the employ of the employer, causing the following injury (describe nature of Injury) Whole Man Lumbar Back; And all other initines. known or unknown arising out of the foregoing accident, and resulting in temporary total disability from NIA, to NIA or a period of 0 weeks, 0 days for which claimant received $0.00, in compensation from the respondent or insurance carrier. The claimant's average weekly wage before the injury entities the claimant to a compensation rate of $580.34 for Temporary Total Disability and $323.00 for Permanent Partial Disability/Permanent Partial Impairment. 2. It is further agreed that the claimant timely notified the employer, the claimant's employment was covered by the workers' compensation laws of the state, and this Court has jurisdiction in the matter. 3. As a result of the injury, the employer/carrier agrees to pay the claimant the amount of 538.760.00 in the form of an accrued lump sum of $3,230,00 for the period of 2110/12 to 4/20112, and a lump sum bonus of $2,770.00 for a total lump sum of $6,000.00, in addition to the sum of $32.760.00 to be paid at $323.00 per week for approximately 110 weeks, until paid in full, same being for permanent partial disability/permanent partial Impairment LZ4-%) to Whole Man Lumbar Back; And all other iniuries, known or unknown arising out of the foregoing accident, and the employer has furnished claimant all reasonable and necessary medical services in the treatment of the injury. 4. The sum of $NIA shall be deducted from this settlement and paid to the claimant's attorney pursuant to the workers' compensation laws of the state. 5. For Social Security offset purposes, and If applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of $N/A for permanent impairment that will affect the claimant for the rest of the claimant's life. The claimant's remaining life expectancy is jV1A months. Therefore, even though paid in a lump sum, claimant's benefit (after deduction of attorney fees and expenses) shall be considered to be $NIA a month for NIA months beginning NIA. 6. The employer/carrier agrees to pay all applicable court costs, and all taxes and assessments to the Oklahoma Tax Commission, as follows: $140.00 to the Workers' Compensation Court, taxed as costs in this matter, unless previously paid; the Special Occupational Health and Safety Tax in the sum of $29 .70, representing three-fourths of one percent (0.750%) of the compromise settlement amount, excluding medical payments and temporary total disability compensation; if a Court Approved OWN RISK employer or group self-insurance association, the Workers' Compensation Administration Fund Tax in the sum of $775,20, representing 2% of the compromise settlement amount, and, if applicable by law, the appropriate Self-Insured Guaranty Fund Tax in the sum of $j1A, representing 1% of the compromise settlement amount; and, In addition to other amounts, if UNINSURED, a Multiple Injury Trust Fund assessment in the sum of $ NIA, representing 5% of the compromise settlement amount. Fred Corley CLAIMANT NAME - PLEASE PRINT 3864 W. 107th St. North, Sperry, OK 74073 CLAIMANT ADDRESS CLAIMANT - SIGNATUR(;,'- DATE NAME OF CLAIMANT ATTORNEY - PLEASE PRINT OBA # CLAIMANT ATTORNEY - SIGNATURE DATE City of Owasso EMPLOYER NAME - PLEASE PRINT Own Risk # 16950 NAME OF EMPLOYER'S CARRIER OR OWN RISK GROUP - PLEASE PRINT Eric L. Tabor 30273 NAME OF EMPLO~CARRIEpR'$ ATPOR E - PLEASE PRINT ORA# 6° : EMPLOYERI.CARRIER ATTORNEY-SIGNATURE DATE ORDER APPROVING COMPROMISE SETTLEMENT (FORM CS-339-8) The Workers' Compensation Court, having reviewed the evidence submitted by the parties, approves the above Compromise Settlement, including attomeyfees,.which Compromise Settlement is incorporated herein and made a part hercol'by reference 11'a child support lien was filed in this nrorkers' compensation case, the employcdcarrier shall include the name of the person or gowemment agency asserting the lien on any check for benefits to the claimant in excess of One Thousand Dollars (SI,000.00). The employer/carrier shall comply uith this order Within twenty (20) day's from the file-stamped date of the order. DONE this )^h day of l~J i- , 20,22. -r aeporsei s initials A copy hereof was mailed by United States regular mail on this fife-stamped BY ORDER OF date to all attorneys of record and unrepresented parties JUDGE OR COURT ADMINISTRATOR 0&11 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Recommendation for Skate Park Improvements Contract Award DATE: April 13, 2012 BACKGROUND: On July 5, 2011, the Owasso City Council approved Resolution No. 2011-05, which requested assistance through Tulsa County CDBG Urban County Program and affirmed the City's commitment to facilitating the receipt and administration of any awarded CDBG funds. On July 19, 2011, the Owasso City Council approved the use of 2011 CDBG funding for improvements to the Owasso Skate Park. The approved proposal for the use of the 2011 CDBG funding converts modular equipment of the Owasso Skate Park to permanent structures. The conversion to concrete offers a smoother surface, seamless transitions and a higher quality riding experience. On February 17, 2012, the Owasso City Council approved declaring current modular skate park equipment as surplus to the needs of the City of Owasso and authorized the auction of the items on eBay. All items were subsequently listed and sold for a total of $4,557.62. BID PROCESS: An advertisement for bids was published on February 21, 2012 for the skate park construction with base design including a beginner bowl, euro gap and handrail, stairs and ledge, two-piece grind wall, bank ramps, quarter pipe, plaza manual pads, and bank with grind ledge. Three alternates were also included. Alternate #1 includes a return transition horseshoe bank. Alternate #2 includes a flow bowl and manual pads. Alternate #3 includes a circular ride-up spectator area, a perimeter 5 foot sidewalk with three grind ledges and two clamshell features. Advertisements for bids were published in accordance with state law and a mandatory pre-bid meeting was held at City Hall March 21, 2012 with 9 contractors in attendance. Bids were opened publicly on March 26, 2012 at 10:00AM at the Owasso City Hall with 3 bids received. The bids are shown below: Bidder Base Bid Alt No.1 ' Alt No. 2 Alt No. 3 Total Native $124,588.00 $13,677.00 $86,390.00 $37,758.00 $262,413.00 Skate arks, LLC. Helterbrand $146,000.00 $26,000.00 $83,000.00 $49,000.00 $304,000.00 Builders, LLC. Lowry & Hemphill $222,700.00 $17,000.00 $125,000.00 $28,000.00 $392,700.00 Construction, INC. BID ANALYSIS: Staff has examined the submitted bid package for any improper or unbalanced bids and none were discovered. Staff conducted onsite inspections of previous construction projects completed by Native Skateparks in Pawhuska and Sand Springs, OK. Staff also contacted representatives from previous projects in Pawhuska, Poteau, and Sand Springs, OK to inquire about quality, timeliness, professionalism, and overall satisfaction. Both the inspections and references confirmed quality craftsmanship, integrity, and dependability. FUNDING: Funding for the project is available from 3 sources: the 2010 Community Development Block Grant totaling $4,255.91; the 2011 Community Development Block Grant totaling $108,114; and eBay revenue from the sale of surplus skate park modular items totaling $4557.62. Staff is proposing City Council approval of a budget amendment to increase the estimated revenue in the General Fund by $4,558 and increase appropriation for expenditures in the General Fund by $4,558, and by $161,000 in the Park Development Fund in order to accommodate the total cost of the project. RECOMMENDATION: Staff recommends City Council award of the Skate Park Improvements contract to Native Skateparks, LLC in the amount of $262,413 and authorize the Mayor to execute the contract. ATTACHMENT: A. GIS Map of Skate Park B. Owasso Skate Park Site Plan C. Skate Features D. Examples of Native Skate Park's Past Projects ATTACHMENT A: GIS Map of Skate Park Y4~ tr3~ ~~y.7 ~ ~ 4 r d /7 r VIP* y~. ei f , 1. YIC' ~ + - wLy ~.f ~ - ~ •t~'y~ ~ : ^S tit . -____3.' _r. . .ter... ATTACHMENT B: Owasso Skate Park Site Plan ATTACHMENT C: Skate Features ATTACHMENT D: Examples of Native Skate Park's Past Projects AK - POTFATT_ OK 01 ®TTArl4AAFNIT n- Fveymnl,~c rnf Nl v+kfi CLr+o ID-,LIc Prr+ pr + OeT City wi, out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Skate Park Funding Budget Amendment DATE: April 13, 2012 BACKGROUND: On July 5, 2011, the Owasso City Council approved Resolution No. 2011-05, which requested assistance through Tulsa County CDBG Urban County Program and affirmed the City's commitment to facilitating the receipt and administration of any awarded CDBG funds. On July 19, 2011, the Owasso City Council approved the use of 2011 CDBG funding for improvements to the Owasso Skate Park. The approved proposal for the use of the 2011 CDBG funding converts modular equipment of the Owasso Skate Park to permanent structures. The conversion to concrete offers a smoother surface, seamless transitions and a higher quality riding experience. On February 17, 2012, the Owasso City Council approved declaring current modular skate park equipment as surplus to the needs of the City of Owasso and authorized the auction of the items on eBay. All items were subsequently listed and sold for a total of $4,557.62. BID PROCESS: An advertisement for bids was published on February 21, 2012 for the skate park construction with base design including a beginner bowl, euro gap and handrail, stairs and ledge, two-piece grind wall, bank ramps, quarter pipe, plaza manual pads, and bank with grind ledge. Three alternates were also included. Alternate #1 includes a return transition horseshoe bank. Alternate #2 includes a flow bowl and manual pads. Alternate #3 includes a circular ride-up spectator area, a perimeter 5 foot sidewalk with three grind ledges and two clamshell features. Advertisements for bids were published in accordance with state law and a mandatory pre-bid meeting was held at City Hall March 21, 2012 with 9 contractors in attendance. Bids were opened publicly on March 26, 2012 at 10:00AM at the Owasso City Hall with 3 bids received. The bids are shown below: Bidder Base Bid Alt No.1 ' Alt No. 2 Alt No. 3 Total Native $124,588.00 $13,677.00 $86,390.00 $37,758.00 $262,413.00 Skate arks, LLC. Helterbrand $146,000.00 $26,000.00 $83,000.00 $49,000.00 $304,000.00 Builders, LLC. Lowry & Hemphill $222,700.00 $17,000.00 $125,000.00 $28,000.00 $392,700.00 Construction, INC. BID ANALYSIS: Staff has examined the submitted bid package for any improper or unbalanced bids and none were discovered. Staff conducted onsite inspections of previous construction projects completed by Native Skateparks in Pawhuska and Sand Springs, OK. Staff also contacted representatives from previous projects in Pawhuska, Poteau, and Sand Springs, OK to inquire about quality, timeliness, professionalism, and overall satisfaction. Both the inspections and references confirmed quality craftsmanship, integrity, and dependability. FUNDING: Funding for the project is available from 3 sources: the 2010 Community Development Block Grant totaling $4,255.91; the 2011 Community Development Block Grant totaling $108,114; and eBay revenue from the sale of surplus skate park modular items totaling $4557.62. Staff is proposing City Council approval of a budget amendment to increase the estimated revenue in the General Fund by $4,558 and increase appropriation for expenditures in the General Fund by $4,558, and by $161,000 in the Park Development Fund in order to accommodate the total cost of the project. RECOMMENDATION: Staff recommends City Council approve of a budget amendment increasing estimated revenue in the General Fund by $4,558, and increasing the appropriation for expenditures in the General Fund by $4,558, and increasing the appropriation for expenditures in the Park Development Fund by $161,000 Molt OT City Wit opt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1004 US-169 North Overlay DATE: April 13, 2012 BACKGROUND: Overlay districts are flexible land use control tools which establish additional development standards over the base zoning districts. Typically, overlay districts are used to protect areas from undesirable uses, control architecture and design, require additional landscaping beyond the base standards, or encourage mixing residential and business activity to support pedestrian oriented development. The Community Development Department has been working on an overlay for the northern portion of the US-169 corridor for over a year. The purpose of this overlay is to develop a basic set of design standards that will ensure the orderly development of the area, while protecting the investments made by businesses in the area and making the area attractive to new industry. The proposed Overlay District for the US-169 North Corridor is situated between East 86th Street North and East 1261h Street North in consideration of the belief that there should be protections and standards in place for an area that will likely see the next wave of rapid growth and development that will be important for Owasso's future. This overlay continues building on the Quality of Life Plan principles and encourages sustainable development that will become a long term asset to Owasso. Proposed along the major corridor in Owasso, this overlay is designed to protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso. Great opportunities abound within this corridor and this overlay proposes to establish uses and regulations that promote an environment of business, learning, and growth. Overall, this proposed US-169 North Corridor Overlay District seeks to establish regulations that protect the investment of landowners, as well as new businesses and corporations from unattractive, non-compatible uses, and ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. Further, the overlay will ensure consistency in development, which will ensure property values are maintained and continue to increase. INPUT RECEIVED: On March 5, 2012, the Community Development Department held an open house for the general public to present information about the overlay and answer questions. Most of the concerns were related to a perception that the overlay was an attempt to annex properties within the overlay that are currently outside City limits. Staff answered these questions and explained that this overlay is intended to protect homes in the area, ensure that quality development occurs in the northern portions of Owasso, and that Owasso remain an attractive place for retail and corporate development. In addition to the public meeting, staff created a Facebook page for the overlay and also posted the proposed ordinance on the city web page for review and comment. Staff worked closely with property owners, developers, the Owasso Economic Development Authority (OEDA), business owners, and other interested parties in the creation of this document. Changes were made throughout the process in order to address concerns and create a document that will be effective in protecting the northern US-169 corridor. Staff made additional changes to the language since the last City Council review of the overlay in response to some of concerns that were raised since the public hearing.. Those changes include the following: ➢ Clarification on some of the prohibited uses; ➢ Clarification on what constitutes a vested project; ➢ Changes to the parking requirements removing the requirement for buildings to be constructed at the front of lots; ➢ Removal of the requirement of parapet walls on buildings because this is covered in Chapter 20 of the Zoning Code; ➢ Additional language promoting the use of Unified Sign Plans; ➢ and, clarification of outdoor sales requirements. These changes can be found within the attached ordinance with additions underlined and removals of text crossed-out. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on March 12, 2011. At that meeting, the Planning Commission held a public hearing. Upon closing the public hearing, the Planning Commission voted 5-0 to recommend City Council approval of the US-169 North Overlay. CITY COUNCIL REVIEW: City Council held a public hearing on March 20, 2012 for the purpose of receiving citizen comments and input relating to the US-169 North Overlay. Only one citizen spoke at the public hearing and staff has worked with that individual to address his concerns. No action was taken at the City Council meeting. An ordinance is now being brought before City Council for consideration and action regarding the final step in the overlay adoption process. RECOMMENDATION: Staff recommends City Council approval of the Ordinance No. 1004 ATTACHMENTS: A. Ordinance No. 1004 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1004 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CI-fAPTsR 2, ZONING REGULATIONS, SUB-CHAPT R 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS, SECTION 860, OVERLAY DISTRICTS, BY ADDING SUB-SECTION 3€0.4, US-169 CORRIDOR OVERLAY DISTRICT NORTH, CONTAINING SUB-SECTIONS 860.4.1, PURPOSE, 860.4.2, US-169 CORRIDOR OVERLAY DESIGNATED, 860.4.3, PERMITTED USES, 360.4.44, NON- CONFORMING USES, 860.4.5, LANDSCAPE REQUIREMENTS, 860.4.6, GENERAL REQUIREMENTS, 860.4.7, DESIGN CONSIDERATIONS, AND 860.4.8, BUILDING AND SITE DESIGN STANDARDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub-Chapter 8, Section 860, shall be amended to read as follows: Section 860.4 US-169 Corridor Overlay District North Definition. An overlay district is the application of an additional layer of development standards, regulations or exceptions that modifies existing land use regulations, It acts as a supplement to the underlying zoning designation. 860.4.1. PURPOSE Encourage sustainable development that will become a long term asset to Owasso Protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso • Establish uses and regulations that promote the development of this area as a corridor that promotes an environment of business, learning and growth • Protect the area around Tulsa Technology Center from uses that may have .a detrimental impact on the facility and the City's ability to attract quality development • Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non-compatible uses • Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion • Ensure a high quality of development that will ultimately generate an economically enhanced and pedestrian friendly area for Owasso. • Follow the principals of the Quality of Life Initiative 860.21. -US-169 C0 RRIDOR 0 V ERLAY 1QESyG NATED The District covers an area roughly X4 to %2 mile on either side of US-169 from 86th Street North to 126th Street North, and is depicted in figure 860.2-1 and defined on the official zoning map. 860.6.3 i ERMIIJED USES The base zoning districts of properties fully or partially within the designated overlay district shall not be affected except as noted in this chapter, All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned development stipulations, Where any of the above regulations conflict with those of the overlay district, the more restrictive shall apply, 2 125th St. N. 115th St. M TulsaTechnologv T~.ilsa Correnur~ity ~-a' )Cri-` I yy~Y 1~1 Figure 860.2- 1 US-169 Overlay A. USE ICES T RIB TIONS In AG districts, only existing agricultural uses shall be permitted and shall be subject to all applicable standards and regulations in Section 300-330. No Specific Use Permits shall be issued for any land zoned AG and no new AG uses or businesses shall be allowed. 2. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of a Specific Use Permit, except for those listed below in Section 860.2.3 A,3. 3. Allowed Uses. Within the US-169 North Overlay, unless otherwise restricted, any use permitted, or with a specific use permit in the underlying zoning district shall be permitted. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book, Upon annexation all tracts of land shall be zoned commercial, office or in conformity to the existing adopted land use plan in effect at the time of the annexation, New residential development of any kind shall be developed as a Planned Unit Development (PUD), 4. The following By-Right and Specific Use Permit uses shall be prohibited in the US-169 North Overlay District, • Industrial Uses in the IH and IM District • Any new agricultural uses or businesses • Chick hatchery • Halfway house • Landfill Bindery • Casino/Gaming Center • Juvenile Delinquency Center • Pre-Release Center • Animal and Poultry Raising • Power Plant • Sexually-oriented businesses • Bottled Gas Sales • Outdoor Kennels (not a part of veterinary or grooming business) • Taxidermist • Cemetery • Oil Well Drilling and Cleaning Establishment • Fuel oil sales(does not include gas station or convenience store) • Race tracks (animal or vehicle) • Mini-storage warehouses (as a primary use) • Truck stop • Shooting range (outdoor) • Drag strip • Outdoor storage of any kind as the principal use • Portable building sales • Cesspool Cleaning • Concrete Construction Service 4 5. The following uses shall be permitted with the issuance of a Specific Use Permit, subject to compliance with the provisions of this section, Auctioneer Auto wash Agricultural implement sales Appliance store and repair Woodworking shop Aircraft sales Boat and Recreational Vehicle sales © Fence construction company Golf Driving range Truck rentals Monument sales ® Camper Sales ® Disinfecting Services Lumber yard Cabinet Maker Plastic material sales Construction equipment sales Go-kart track Outdoor Recreation including amusement parks Auto Sales (5 Acre Maximum Parcel Size) Auto Rental Motor vehicle repair © Retail greenhouse Janitorial service Vending sales and service Exterminating services Bus station ® Any retail use with primarily outdoor sales Park and ride lots Motorcycle Sales 560.4.4 NON-CONFORMING USES Existing, but non-conforming properties, which existed as of the date these regulations became effective, shall be allowed to continue in the some manner after the adoption of these regulations, However, such non-conforming properties shall be subject to these regulations if feasible when: 1. A property is annexed into the City; 2. A property owner requests any zoning change; 3. The principle use on the property is discontinued for a period of six calendar months 4. The property is destroyed or significantly altered (60% or greater); 5. Enlargements or improvements are made to the property that increase the gross square footage by 25% or 6. When any change as identified above occurs, the property owner must demonstrate that the change to the property shall not significantly impair the safe and efficient flow of traffic within the study area. The Administrator may require the property owner to provide a site specific traffic study to 5 determine the potential impacts of the proposed changes cis part of the site development plan, 860.4.6 EXISTI\JG USES A. SINGLE FAMILY ;.)YSIDENTIAL - The US-169 North Overlay shall not affect existing single family residential uses neighborhoods, or platted residential developments, Said uses may continue to exist in perpetuity until such time as they may be redeveloped or rezoned for another use, B. PROPERTIES OUTSIDE OWASSO CITY LIMITS - This overlay covers areas that are currently outside of Owasso City Limits, Unless these properties are annexed into Owasso City Limits they shall not be required to comply with the regulations of this chapter. If annexed, these properties shall be subject to the regulations set forth in this chapter, C. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that was approved or had plans submitted prior to the effective date of this section shall not be required to comply with these regulations unless they meet any of the criteria from section 860,44, Previous approvals remain valid unless the approval date lapses or unless changes are made to the previous approvals. This shall refer to site plans, building plans, Planned Unit Developments or Specific Use Permits submitted prior to the effective date of this overlay shall only be required to comply with the zoning regulations in affect at that time. An approved plat shall not constitute approval of a project, The Administrator shall determine if a project meets these criteria, 860.4.6LAI,IDSCAPE REQUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code with the following additional requirement; 1. All signage shall have shrubs and/or perennial flowers at the base, Said shrub/flower bed shall and be enclosed with an edging material such as brick, stone, steel edging, concrete or similar material, 860.4.7 GENERAL REQUIREMENTS 1. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section, 2. Architectural details and/or drawings shall be submitted to the Community Development Department at the time of site plan submittal. Architectural plans shall depict architectural details outlined in this Section and shall consist of: a. Preliminary renderings or drawings cross sections to clearly define the ensure these provisions are met; and of building elevations plus typical character of the project and to 6 b. Exterior building materials inventory to indicate compliance with this Section, The Administrator shall review the proposed building materials for compliance. 860.4.8 DES10i9 C0I\3SIDI RATIONS Developments shall be evaluated using the following criteria A. COMPATABILITY Adjacent buildings shall relate in similarity of architectural style, roof style, and configuration, B. PROPORTIONS Windows, doors, columns, piers, projections, ribs, awnings, cornices, parapets, eaves, and other building components shall be proportional to the overall scale of the building. Windows should be greater in height than width, unless otherwise required by a specific design feature or architectural style, 860.4.9 BUILDING AND SITE DESIGN STANDARDS A. BUILDING ENTRANCE Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians), Public entrances flush with the building wall with no cover are not allowed. (See Figure 860.2-3) Figure 860.2-3 B. BOULEVARD ENTRANCE For developments containing total floor area in excess of 50,000 square feet, the principal access into the site shall be a boulevard incorporating a 10-foot wide 7 landscaped center median -that complies with Chapter 20 of the Owasso Zoning Code, C. OFF STREET PARKING Off street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. See Figure 860,2-4. -Q# seeft 1-rou v}nr~a bvfan fhv frvnf of ~i~~' hiln~ I.~. Jrrcvf ri-r~vF w9y she# her T 1us the drives sle. Se f; - 0 5 Loading areas shall be located behind the main building and screened in accordance with Chapter 20, All parking lots, drives, aisles and other elements shall comply with Chapter 9 of the Owasso Zoning Code, Figure 860.2-4 Preferred Off-Street Parking Configurations D. BUILDING SETBACK It is the intent of this chapter to enhance and preserve the character of the overlaybypleieii~ g promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street frontaae, therefore building setbacks along highway frontage roads may be reduced to 20 feet. TRANSIT STOICS All transit stops shall be covered to offer shade and shelter from the elements. F. OUTDOOR SPACE Each site with a building larger than 10,000 square feet shall be designed to include public pedestrian walkways internally and throughout the development, linking all areas and buildings facilities open to the public, and shall include one (1) or more plazas or courtyards with benches, or patios/seating areas. For single developments containing total floor area in excess of 80,000 square feet, at least one (1) outdoor space or site amenity shall be required on the site or on adjacent land, in addition to the required plaza or courtyard area. All features shall be accessible, useable spaces. Outdoor Space or Site Amenities may include, but are not limited to; 1. Window shopping walkway 2, Water feature 3. Clock tower 4. Seating walls 5. Benches 6. Courtyards or plazas 7. Fountains 8. Sculpture or public art The Administrator may approve any other such deliberately shaped area or focal feature or amenity that, in the judgment of the Administrator, adequately enhances such community and public spaces. G. SIDEWALKS All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use, shall be linked with sidewalks, Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in City of Owasso Engineering Standards. H. EXTERIOR MATERIALS Exterior building materials shall include brick, split-faced concrete block, stone, stucco, synthetic stucco, or cement-board or wood siding. Metal may be used as accent material, and cumulatively may not exceed 20 percent of the area of any individual exterior wall. All windows and doors to customer service areas along building frontages at the ground floor level on any retail building shall be transparent. MULTIPLE BUILDINGS IN COMIIVIERCL;=11 CENTERS In order to achieve unity between all buildings in a commercial development consisting of more than one building, all buildings in such a development including pad site buildings, shall employ a consistent architectural style or theme, be constructed of similar exterior materials-ePd- h4 similar--_elers, Design criteria for large and multi-phase developments shall be provided for review. ROOF PITCH Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall, Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low-reflectivity metal (flat or matte finish), Applied mansard roofs shall not be permitted, If ELECTRICAL AND SERVICES EQUIPMENT HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with Chapter 20, Utility meters, aboveground tanks, satellite dishes and antennas shall also be screened from view, Wall-mounted mechanical equipment that extends six inches (6') or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the City Council, all electrical and telephone lines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. All utility installation shall conform to the City's adopted Technical Standards and Specifications. L. WALL ARTICULATION Facades shall have a recognizable "base" consisting of (but not limited to): walls, ledges, sills, integrally textured materials (such as stone or other masonry), integrally colored and patterned materials, or planters. Facades shall also have a recognizable "top" consisting of (but not limited to): cornice treatments with integrally textured materials (other than colored "stripes" or "bands'), sloping roofs (with overhangs and brackets), or stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front facade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty feet (50) in length shall incorporate one two or more of the following features at least every fifty feet (50) in length (See Figure 860.2-6): 10 1. Changes in color, graphical patterning, changes in texture, or changes in material 2. Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12') 3. Windows and fenestration 4. Gable projections 5. Horizontal/vertical breaks 6, Other similar techniques The Administrator may approve variations or alternate treatments, so long as the intent of the ordinance is met, Figure 860.2.6 11 AV1, SIGH IAGIE Signs shall be permitted in accordance with Chapter 18 of the Owasso Zoning Code, with the following exceptions: 1, Pole signs of any type over twenty five (25) feet in height are prohibited, Pole signs shall only be allowed on parcels adjacent to US- 769. 2, All signs not attached to buildings shall be of monument form and constructed of materials that complement the main building(s), 3. All signs not attached to buildings shall be set in a landscaped bed, 4, Maximum height shall be twenty five (25) feet for property with frontage on US-169 and SH-20, 5, Maximum height shall be twenty (20) feet for property with frontage on all arterial roads. 6. Maximum height for signage shall be ten (10) feet for all other public roads. 7, Full video message boards and signs are prohibited within the Overlay District. 8. New developments shall be allowed to use the Unified Sign Permit ,process and are encouraged to do so N. BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on the highway are encouraged to shell be oriented towards the highway. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the highway and the secondary street. All buildings are encouraged to s4e4d be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. 0. COMMERICIAL DRIVE THROUGH LANES Drive-through facilities associated with commercial uses shall be architecturally integrated with the building. Q. OUTDOOR DISPLAY AND SALES All outdoor display or sales areas shall be shown on the site plan and shall encompass less than 20% of the area of the building footprint. Said display area shall be landscaped to provide definition of the area, Any allowed use that requires primarily outside sales shall not be required to meet these criteria R. SCREEENING OF REFUSE COLLECTION AND LOADING AREAS Refuse collection areas shall be screened in accordance with Chapter 20. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets non-enclosed service, storage, and off-street loading areas shall be screened with opaque sight-obscuring walls and/or fences of between six feet (6) and eight feet (8) in height made of durable materials, Screening materials shall be the some as, or of equal quality to, the materials used for the primary building and landscaping. SECTION TWO (2): BOUNDARY 12 This Ordinance shall affect all properties within the boundary described as follows; Beginning at the Northwest Corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence east along the northern boundary of said Section 4 to the Northeast Corner of said Section 4, thence south along the eastern boundary of said Section 4 to the Northeast Corner of Section 9, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the eastern boundary of said Section 9 to the Northeast Corner of Section 16, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the northern boundary of said Section 16 a distance of 1489,70 feet to a point on the section line, thence south to the West Right Of Way of North 138th East Avenue, thence south along the West Right Of Way of North 138th East Avenue to the northeast corner of Coffee Creek Office Park, a subdivision in Tulsa County, City of Owasso Oklahoma, Thence west along the north boundary of said subdivision to the northwest corner of said subdivision, thence south along the west boundary of said subdivision to the southwest corner of said subdivision, thence south across right of way of East 103rd St North, a street in the City of Owasso, Oklahoma, to the northwest corner of Cross Timbers, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to the southwest corner of said subdivision, thence east along the south boundary of said subdivision to the southeast corner of said subdivision, thence south to the southwest corner of City View Estates, a subdivision in Tulsa County, Oklahoma, thence west to the northwest corner of First Baptist Church of Owasso, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to a point of intersection with the south line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along said south section line to the northwest corner of Section 21, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the west line of said Section 21 a distance of 1597,54 feet to a point on the said section line, thence west to the southeast corner of Lot Reserve Area "A" of Tyann Plaza V, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence west along the southern boundary of said Lot Reserve Area "A" a distance of 1052,49 feet to a point on the east line of Lot 1, Tyann Plaza VI, a subdivision in Tulsa County, City of Owasso Oklahoma," a distance of 55.78 feet north of the southeast corner of said Lot 1, thence south along east line of said Lot 1 to the southeast corner of said Lot 1, thence west along the south line of said Lot 1 a distance of 314,57, thence south a distance of 444,62 to a point that is a distance of 133 feet northeast of the northeast corner of Lot 2, Block 1 of Tyann Plaza IX, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south west a distance of 133 feet to the northeast corner of said Lot 2, thence south along to the east boundary line of said Lot 2 a distance of 638.94 feet to a point on the west line of the northwest quarter of Section 20, Township 21 N, Range 14 E, thence south along the east line of Lot Reserve Area "B", Tyann Plaza X, a subdivision in Tulsa County, City of Owasso, Oklahoma, a distance of 315.94 feet to a point on the north line of Three Lakes III, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north line of said subdivision a distance of 1141.99 feet to the northwest corner of said subdivision, thence southwest along a boundary line of said subdivision a distance of 289,61 to the northwestern subdivision corner, thence south along the west boundary line of said subdivision a distance of 1220.63 feet to the southwest property corner of Lot 4, Block 1 of said subdivision, thence southeast along the boundary of said subdivision a distance of 288.37 feet to the southwest corner of Lot 13 1, Block 1 of said subdivision, thence southeast along the west boundary of Three Lakes II, a subdivision in Tulsa County, City of Owasso Oklahoma, a distance of 697.02 feet to the northwest corner of Lot 4, Block 1, of said subdivision, thence south along west line of said subdivision a distance of 434,64 feel to a point on the south line of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 20 to southeast corner of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 19 a distance of 940 feet to a point on the said section line, thence north along the East Right of Way of North Cedar Street, a street in the City Of Owasso, a distance of 624.10 to the west property corner of Owasso Post Office Addition, a subdivision in Tulsa County, City of Owasso Oklahoma, thence northeast to the southwest corner of Lot 11, Block 2, Ator Heights 3rd Extended, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to southeast property corner of Lot 9, Block 2 of said subdivision, thence northeast along the said subdivision boundary to the east property corner of Lot 2, Block 2 of said subdivision, thence north to the northeast corner of Lot 1, Block 2, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence due north 30 feet to the centerline of E 22nd St N, a street in the City of Owasso, thence west along said street centerline a distance of 327.19 to a point on the street centerline, thence north to the southeast corner of Lot 1, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence north to the northeast corner of Lot 6, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north boundary of Lot 7, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma a distance of 155.90 feet to a point on said boundary line, thence N 00°05'04" E a distance of 93,86 feet, thence N 46°17'32"E a distance of 714,43 feet, thence N 00°05'04" E a distance of 71.67 feet to a point on the south boundary line of Caudle Center, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the southern boundary of said subdivision a distance of 330.26 feet to a point on the east boundary line of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the eastern boundary of said section a distance of 659,61 feet to the southwest corner of Section 17, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the west line of said section 17 a distance of 1322.82 to a point on the said section line, thence east to the southwest corner of Lot 4, Block 1, Bailey Ranch Estates, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to the southeast corner of Lot 17, Block 7 of said subdivision, thence east along the south boundary of Bailey Ranch Estates Il, subdivision in Tulsa County, City of Owasso Oklahoma, to the southeast corner of Lot 12, Block 9, of said subdivision, thence north along east boundary of said subdivision to the northeast corner of Lot 8, Block 4 of said subdivision, thence east along the north boundary of Owasso Medical Campus, subdivision in Tulsa County, City of Owasso Oklahoma, to the northeast corner of Lot Reserve Area "B" of said subdivision, thence north to the northwest corner of Reserve Area "A" of Owasso Medical Park, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the north boundary of said subdivision a distance of 688,16 feet to a point on the west line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 9, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City 14 of Owasso, Oklahoma, thence north along the west boundary of said section to the Point of Beginning the northwest corner of Section 4, Township 21 North, Range 14 East. The described boundary contains 98396500.78 square feet or 2258.87 acres more or less. SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION! SIX (6): CODIFICATION The City of Owasso Zoning Code, Chapter 8, Planned Unit Developments and Overlay Districts, Section 860, Overlay Districts, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended and codified adopting Section 860.4, US-169 Corridor Overlay District, containing sub-sections 860.4.1, Purpose, 860.4.2, US-169 Corridor Overlay Designated, 860.4.3, Permitted Uses, 860.4.4, Non- Conforming Uses, 860.4.5, Landscape Requirements, 860.4.6, General Requirements, 860.4.7, Design Considerations, 860.4.8, Building and Site Design Standards. PASSED AND APPROVED this day of , 2012. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 15 The City Wit ~out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat, Willis Farms Addition DATE: April 10, 2012 BACKGROUND: The City of Owasso received a Final Plat application for review and approval of the Willis Farms Addition. The Willis Farms Addition plat proposes six (6) lots on approximately 29.998 acres of property. The applicant wishes to plat the property for the development of a commercial area, which will conform to the current zoning of CS (Commercial Shopping). The property has historically been used as single-family residential and agricultural land. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Commercial i Sh CS Commercial Commercial Owasso n op Residential Single Family Single-Family Residential South (RS-2) and Residential and Owasso Commercial and Commercial Shopping CS Commercial Residential East Single Family Church Transitional Owasso RS-2 West Commercial Sho in CS Commercial Commercial Owasso pp g ANALYSIS: The final plat for the Willis Farms Addition consists of six (6) lots on approximately 29.998 acres. The applicant is platting the property for the purposes of developing a commercial area with one larger tenant and five smaller parcels for future development. Cross access easements are proposed to provide internal access to the smaller lots, ensuring that no additional curb cuts are made onto E 96th St N. Four (4) driveways are proposed along E 96th St N and two (2) driveways along the service road at the west of the subject property. There are utility easements located along the perimeter of each lot and internally on Lot 1, providing the necessary access for all required utilities. A reserve area `A' is proposed to handle the detention for the future development of Lots 2, 3, 4, 5 and 6. The detention for Lot 1 will be contained on the lot itself and there are private drainage easements covering the two detention areas of Lot 1. The subdivision regulations state that any final plat that is not recorded in Tulsa County within six months of approval shall be null and void. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including, but not limited to paved streets, landscaping, and sidewalks. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property does not fall within a sanitary sewer payback area, but will be subject to the Storm Siren fee of $35 per acre. In a regional context, this proposed addition is in conformance with the Owasso 2025 Land Use Master Plan, as the area is shown for commercial uses. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the final plat for the Willis Farms Addition at their regularly scheduled meeting on March 28, 2012. The TAC comments are attached. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on April 9, 2012 and voted unanimously to recommend City Council approval. RECOMMENDATION: Staff recommends City Council approval of the final plat for the Willis Farms Addition. ATTACHMENTS: A. Area Map B. Aerial Photo C. Submitted Final Plat D. TAC Comments Willis Farms Addition I" = 752 ft Final Plat Map 04/05/2012 k This map represents a visual display of related geographic information- Data provided hereon is not a guarantee of actual field conditions_ To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information- Willis Farms Final Plat FINAL PLAT WILLIS FARMS ADDITION A Part of the SW 14, SEC 16, T21N, R14E, I.M. An Addition to the City of OWASSO, TULSA COUNTY, OKLAHOMA d�nEa,�Fdea�,n�xewen df✓ ��,��;�;,:t^ �,�.>a, ,o ., ,� •d,I�R. „ »� >Rr,�.,,.,�.�R>"x,�:Al�✓���ra � f �>M ,�E I, utJ �. 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COUNTY wy cwrrMZw• E+F:•x: t )� b/Awvwa:nr Puy ctWWSS[w TZw RcN e lARf a'tWL,IKwA A[AYRY GMrrY MAr ME SAO nw'Ww/SSrr/ fRMY nn-PUr a� wur FARwr ArRRmv ro ME an a aWlssx avuAewA w MY? ,Mlt CITY pdMwAM —Y caw nn.ISM6rRSmcas sin' n�i�r� 1 °OCm�rvrrvr"AS MAr/ Aw nxra� inravAwRo An° AcWw mAVry A Lr nx s, a-� a roar cr sIU cerWrr grow ALL — Aaw KAis w ME! -ra0 SwOWI ai MT AMREAMJ MrFAs/MRR /bry LY O6IISf0. CMY.wAYAA: R[Mw£e w errKY b Mf pRAV/Y WFAS aA.R.wRFWe PAMRNT r[pxRW _ p' ll/E IN Awss WAFRECYY —� OSRNARw! >e f>E EN£NR'e Ar OAA554 rxuhgvA Ems, E a Ea a s* . �AraWa A (OWry ,r.E orb er M a F a° r .aIY r A a p MAr tt' eW354 [M4.IIroVA � AFMRY Ap- TT�iEA Wp/s IA_ AepRp/ ME pry )[V IY IrilF pry ttYWCK [Y RK pry OF ORN.fJµ pKNKx/ MY' MY M syre Nsp• �"� pfy bnx MkIAI DI AT ls' vr[ I � 1 s'rorr SHEEP 2 OF 2 FINAL PLAT R 14 E EAST 106th STREET NORIFI WILLIS FARMS ADDITION W I A Part of the STY /4, SEC 16, T21N, R14E, LM. T � + I An Addition to the City of OWASSO, TULSA COUNTY, OKL�4 21 w 16 5 ¢ cA,a - I a °°R aia4 =i<E firs xT,� -rr E. 99Nr VIREETNORTH B�T_�� N « f1r I — -7— sr1tY — PROJECT EAST 986 th STREET NORTH A,� I LOCATION v�'.'�•'".6+ I / w it { � / j I I roLOCATION ROT AP 60MSeAIAP I REPaar aECwMImwGS / imY dB� ALE uwa• / r III I I _ I,I A. 19.998 ACRES I rw6 se %, i a iii BLOrs / /•Ijl�u:.',` rxr l�I Wa l III I / it Irl III I!� r I: III Ij1 I , I GRAPH �e SCALE mwEmin LEGEND.- IIIr /I SI I + y a U/E UTILITY EASEMENT` I r I I sn M D/E DRAINAGE EASEMENT ROW RRWr- OF-WAY I B/t BUIN G SEBACR D/E ORAINA EASEMENT [M E I I r ,M � ° i �J g91A 1r ygg 5 •A� f I I I Ar, +, «�, 13IP1x1l 1,0 7 CAE CROSS A CCESS EASE MENT 2 65 5 A4 L R/rAar err nA a LgVA LIMITS OF NO ACCESS I YWI LQ{ LIMITS OF ACCESS ae I °M 1 MRrraAw [R[a R I wpw,� PM. 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CMY.wAYAA: R[Mw£e w errKY b Mf pRAV/Y WFAS aA.R.wRFWe PAMRNT r[pxRW _ p' ll/E IN Awss WAFRECYY —� OSRNARw! >e f>E EN£NR'e Ar OAA554 rxuhgvA Ems, E a Ea a s* . �AraWa A (OWry ,r.E orb er M a F a° r .aIY r A a p MAr tt' eW354 [M4.IIroVA � AFMRY Ap- TT�iEA Wp/s IA_ AepRp/ ME pry )[V IY IrilF pry ttYWCK [Y RK pry OF ORN.fJµ pKNKx/ MY' MY M syre Nsp• �"� pfy bnx MkIAI DI AT ls' vr[ I � 1 s'rorr SHEEP 2 OF 2 OWASSO TECHNICAL ADVISOR' COMMITTEE Wednesday, March 28, 2012 City flail, Louver Level Conference Roam PRESENT ABSENT David Vines Chief Yancey Chelsea Harkins Chief Garrett Dick Shoemaker -ONG Tim Maxey - AT&T Larry Clark - Cox Evelyn Shelton - AEP/PSO Bronce Stephenson Marsha Hensley Karl Fritschen Daniel Dearing Dwayne Henderson Brian Dempster Dan Salts John Feary NOTES FROM MARCH 28TH TAC MEETING 3> PRELIMINARY/FINAL PLAT - WILLIS 1FAMS ADDITION David Vines- Provide clarification on "responsible party" for reserve area maintenance and to whom and when it will be transferred. Public Works- Indicate the location of water wells, oil wells and septic tanks. ® Show detention ponds to be located in Reserve Areas or within a drainage easement. • Change the date of preparation. • Show other subdivisions in the Section on the location map • Identify adjacent property owners/subdivisions on map, especially ODOT and property to north. • Reference all cross-access easements to property lines and dimension the easement widths • Provide or reference bearings on all easements • Include a 17.5' easement around perimeter of the property. • Driveway between Lots 4 and 5 is allowed as long as it is a right-in and right-out only. • Show dimension of Access to Lot 5 from the north of Lot 4 • Remove the term "initially" from Line H.1. AT&T- Tim Maxey, tm1248@att.com 8 In the process of reviewing the language. Community Development- Label limits of no access around the entire perimeter. Show breaks only where approved. Make sure Lot 2 has legal access point, maybe 5' entry into Lot 2. Covenant #F-1, correct the spelling of "establish". Please provide at least two (2) internal access points or easements to each of the lots 2-5. We will not approve curb cuts onto E. 96th St N for these lots. All access must come internally. Provide limits of no access to all areas not shown as driveways. Please note that none of the smaller lots will be able to take access from City streets due to curb cuts. All access to The planned entrance between lots 2 and 3 should be a cross access easement similar to the drive to the east. This will provide the needed access to those lots. ONG- ® ONG covenants language needs to be added. © Indicate a 17.5' perimeter easement. Change the building set back on the out parcels to show a utility easement. © Place meters at front, east or west sides of lots that face East 96 Street North. Fire Department- 0 No comments. Cox * Provide a 4" conduit. AEP/PS O- ® Add language in the covenant regarding overhead lines along northern perimeter. ® Show a 15'easement on the west side of Block 6. ® Indicate a 4" PVC at source point to meter. Chelsea Harkins- o No comments. #4 SITE PLAN - SAM'S CLUB David Vines- Discussion was held regarding the height of the parking light pole lights. After review, the City Planner accepted the height (39') of the light poles. The taller poles will reduce the number of pole lights. Bronce stated that the plan meets all lighting code requirements. Public Works- Drainage study needs to be provided for approval. © Address the possibility of traffic bottlenecking at the western exit. North-south traffic needs to be diverted to the east so a long limited access exit lane be provided to keep the bottleneck from occurring. a Off-site easements need to be filed for approval. Owner's Agreement needs to be executed Engineer's Agreement needs to be executed. ~ Earth Change Permit needs to be prepared and submitted. SWP3 needs to be prepared and submitted. Water, sewer and drainage plans need to be submitted for approval, which include plan and profile sheets and details. There are several other off-site issues that have to be resolved before this project can proceed, including road widening projects and utility extensions. AT&T- Tim Maxey, tm1248@att.com ~9 Discussed location of electric room. Community Development o The zoning on the perimeter property needs to be corrected. The planned entrance between lots 2 and 3 should be a cross access easement similar to the drive to the east. This will provide the needed access to those lots. * Please date the plans a Please note on site plan or landscape plan that trash receptacles will be placed somewhere on each row of vehicles. This is a requirement of the landscape ordinance. They can be attached to the cart corrals. ® Please note materials and dimensions used for the screening of the refuse area at the north of the lot. Please note building height on the site plan. * Western entrance from service road is a concern. We have a similar situation at the Wal-Mart in Owasso and it is preferable that an alternate solution or driveway orientation be used. We would love to meet with you to discuss alternate designs. ONG- e It would be a shorter distance to run gas off of 99th Street North. e The size of gas meter was discussed. Fire Department- No comments. Cox- AEP/PS O- ® No commends. ® Show service out of transformer to meter. Chelsea Harkins- 0 No comments. O~T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr Assistant City Manager, Operations SUBJECT: Capital Improvements Priority Determination DATE: April 13, 2012 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003-14 establishes the procedure for amending the priority determination of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third-penny sales tax. Through a series of meetings over the past several months, the Capital Improvements Committee has assessed the status of current projects funded by the Capital Improvements Fund, discussed completed projects, and identified and evaluated additional projects for future consideration. On February 6, 2012 and again on February 27, 2012, the Capital Improvements Committee met to review the Owasso Capital Improvements Program process and timeline necessary in order to provide a recommendation to the City Council for inclusion into the FY 2013 budget and discuss proposed projects. On March 19, 2012, the Capital Improvements Committee held a Special Meeting in accordance with Resolution No. 2003-14 and provisions of the Oklahoma Open Meeting Act to consider a recommendation to the Owasso City Council amending the current list of projects funded through the Capital Improvements Fund. At the conclusion of their meeting on March 19, 2012, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the priority determination to include the following projects: • Vehicle Maintenance Facility • Main Police Station • East 96th Street North and North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from East 96th Street North to East 106th Street North • Elm Creek Park Improvements PUBLIC HEARING: In accordance with the procedure for amending the priority determination of capital improvement projects, the City Council must conduct a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. Information regarding the public hearing and the recommendation of the Capital Improvements Committee was placed on the city's website and posted on the City's Facebook page Monday, March 27th. The required publication notice was published on Thursday, March 29th in the Owasso Reporter. The public hearing was held on Tuesday, April 3, 2012. One citizen addressed the City Council. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2012-04, amending the current list of projects funded through the third penny sales tax, as recommended by the Capital Improvements Committee. ATTACHMENT: A. Project Descriptions B. Resolution 2012-04 PROJECT DESCRIPTIONS The Capital Improvements Committee is recommending the following projects as projects eligible to receive funding from the CIP Fund: Vehicle Maintenance Facility This project may include the acquisition of property, as well as the engineering design and construction of a new vehicle maintenance facility. This new facility would accommodate the increased volume of repair work associated with the 20 year growth of the city and provide adequate work space for city trucks and heavy equipment that will not currently fit into the existing maintenance facility. The current facility was built in 1990. Main Police Station This project may encompass the acquisition of land or the renovation of an existing facility, along with engineering and design for a full service police department to include jail, impound yard, evidence processing plant, evidence lab, as well as the capacity to office approximately 100 sworn officers and 40 civilians to accommodate Owasso's growth over the next 30 years. East 96th Street North & North 129th East Avenue Infrastructure Improvements This project is contingent upon an economic development project and would consist of infrastructure improvements related to such a project. The project may include engineering, right-of-way acquisition, utility relocations, and construction of roadway improvements to East 96th Street North from North 129th East Avenue to North 1351h East Avenue and from the intersection north to the existing bridge; and improvements to the service road from North 129th East Avenue to East 99th Street North. Additional infrastructure improvements could include the extension of water distribution lines and sanitary sewer lines. Annual Street Rehabilitation Program This project consists of the repair and/or resurfacing of residential and non-residential roadways. Street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. Garnett Road Widening This project consists of the engineering, right-of-way acquisition, utility relocations, and construction for roadway widening and improvements to Garnett Road from East 96th Street North to East 106th Street North. Elm Creek Park Improvements This project encompasses planning, design, and renovation, which could include such items as pond bank erosion control and stabilization to reduce siltation and improve water quality, picnic shelter repair and replacement, construction of a splash park to include a variety of above- ground features and in-ground spray nozzles for several age groups, playground equipment repair and replacement, walking trails, and lighting improvements. This project would likely be designed and constructed in optional phases. CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2012-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND. WHEREAS, on the 14th day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council, after properly notifying the public in accordance with Resolution No. 2003-14, held a Public Hearing on Tuesday, April 3, 2012 as required in order to receive and consider citizen input relevant to the recommendation received from the Capital Improvements Committee; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as priority projects eligible for funding from the Capital Improvement Fund: Street Improvement/Repair Program East 86th Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road intersection improvements East and West Service Roads between E. 66th Street North and E. 1261h Street North E. 76th Street North Widening Project from Hwy 169 to N. 129th East Avenue Sportspark Capital Projects Planning Design (Quality of Life Planning) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to-wit: The Capital Improvement Priority Listing of projects eligible to receive funding from the Capital Improvement Fund is hereby amended to be: East 86th Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road Intersection Improvements East and West Service Roads between E. 66th Street North and E. 126th Street North E. 761h Street North Widening Project from Hwy 169 to N. 129th East Avenue Sportspark Vehicle Maintenance Facility Main Police Station East 96th Street North & North 129th East Avenue Infrastructure Improvements Annual Street Rehabilitation Program Garnett Road Widening Project from E. 96th Street North to E. 106th Street North Elm Creek Park Improvements DATED this 17th day of April, 2012 Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Chelsea M.E. Harkins Economic Development Director SUBJECT: Sam's Real Estate Business Trust Construction Agreement DATE: April 13, 2012 BACKGROUND: Representatives from Sam's Real Estate and Tapp Development contacted staff last fall regarding their desire to construct a Sam's Club in Owasso on land northeast of the intersection at 96th Street North and 129th East Avenue. Sam's Real Estate intends to purchase approximately thirty (30) acres of land at this location of which eighteen (18) acres will be used to construct a 136,000 square foot Sam's Club. Five additional lots will be prepared and available for retail and business uses. Sam's Club normally only considers locating in communities more than 100,000 population base. They chose Owasso based on the large projected consumer base coming south from the "funnel" area and north from the Metro area. The traffic count data, existing retail sales, and opportunity gap supported a case to build a store in Owasso. The store is projected to generate approximately $1.8 to $2.2 million dollars in sales tax revenue annually. After assessing the proposed site, a fair amount of improvements were evident to prepare the area for this development as well as future growth to that part of the corridor. The water pressure for the site is an issue and in order for the City to serve the site as well as areas to the north, a watermain needs to be extended. The other option to this issue would be to tie into the existing line on the site, which currently does not provide adequate pressure or volume. This option would require adding another water tank which would be costly and require additional maintenance. By choosing the option to extend the watermain, not only will it serve the northeast corner property, but it will also serve the acreage to the north. Due to the topography of the site, a sewer line needs to be extended and will be able to serve the site as well as thirty- five (35) acres of undeveloped land to the north. Street widening and signalization improvements are needed to accommodate the increased traffic flow for any additional development in this area. The improvements proposed will accommodate additional traffic in that corridor for the next twenty years. Building the ideal plan in the beginning is optimal rather than coming back after construction on the site, adding cost and congestion. A Construction Agreement between the Owasso Public Works Authority and Sam's Real Estate Business Trust has been prepared and is attached for your review. The document is similar to development agreements that the City of Owasso/OPWA has entered into with Smith Farms and other developments that allowed reimbursements for certain costs related to public improvements in the development area. The cost estimate for the public improvements is $4,566,300. Sam's would initially pay all costs incurred for the design and construction of the public improvements. The Construction Agreement outlines a plan that would allow Sam's to be reimbursed an estimated $4,066,300 of the actual costs of the public improvements from the sales tax generated on that site. The reimbursement would be made through the Owasso Public Works Authority. The reimbursement would only come from revenue generated from this site to include Sam's Club and any future businesses located on any of the out lots. Based on estimates of sales tax that would be generated by the project, the city would receive additional sales tax of $10.8 to $13.2 million over a six-year period. After reimbursement to Sam's of $4,066,000 for the public improvements, the city would still have an estimated $6.7 to $9.1 million of increased sales tax revenue during those six years. INFRASTRUCTURE NEEDS TO SERVE SITE: Water Service Staff has recommended construction of a new 16-inch water main approximately 1.2 miles from 96th Street North and Garnett Road to the development along the north side of the existing Wal- mart. The line would be in a private easement and utilize public right-of-way where possible and for the crossing of U.S. Hwy 169. Sewer Service The closest sanitary sewer line capable of serving the site is on the west side of CVS Pharmacy. This line would need to be extended east to the southeast corner of the CVS building and then north to the site. Transportation Service Recommendations are to widen 96th Street North to 135th East Avenue; 129th East Avenue to the ODOT frontage road; and the ODOT frontage road from 129th East Avenue to 99th Street North. Signals are recommended at the entrances on 96th Street North and on the frontage road. COST ESTIMATES: ■ Water Improvements: $1,247,300, includes design and construction. ■ Sewer Improvements: $203,000, includes design and construction. ■ Transportation Improvements: $3,053,000, includes design and construction of all roads in concrete. ■ Due diligence and other: $63,000, includes survey and geotechnical services. ■ Total Estimated Cost: $4,566,300 CONSTRUCTION AGREEMENT: The Construction Agreement between the OPWA and Sam's Real Estate Business Trust includes the following: • All design and construction of the Public Improvements undertaken by Sam's will be consistent with all City/Authority codes and ordinances as well as any other regulations or plans relative to the Public Improvements. • The engineer's preliminary estimate of the total costs of developing and constructing all of the Public Improvements is $4,566,300. • Sam's will be responsible for $500,000 of the cost and the OPWA will reimburse Sam's for the balance of the actual cost of the public improvements • The first annual payment is not due until (1) year and thirty (30) days after the City of Owasso receives sales tax revenue generated by Sam's and any business located on the out lots. • Annual payments to Sam's will be one-sixth of the reimbursement but not more than the amount of sales tax generated by the project. • Annual payments will continue until the reimbursement is fully paid or the agreement will terminate after twenty (20) years. RECOMMENDATION: Staff recommends approval of the Construction Agreement between the OPWA and Sam's Real Estate Business Trust for the construction of street, water, and sanitary sewer infrastructure improvements for which Sam's will be entitled to reimbursement; and, approval of the indebtedness of the OPWA as set forth in the Agreement. ATTACHMENTS: A. Construction Agreement B. Site Plan C. Renderings State: Oklahoma County: Tulsa City: Owasso Sam's Store #6238-00 CONS'T'RUCTION AGREEMENT BE'T'WEEN THE OWASSO PUBLIC WORKS AUTHORITY AND SAM'S This Construction Agreement (this "Agreement") is entered into by and between the Owasso Public Works Authority, (the "Authority"), a public trust existing under the laws of the State of Oklahoma, and Sam's Real Estate Business Trust ("Sam's"), a Delaware Statutory Trust. WHEREAS, Sam's intends to purchase three (3) tracts of land in the corporate limits of the City of Owasso at the northeast corner of North 129th East Avenue and East 96th Street North in Owasso, Oklahoma, which will be combined and developed into a single tract of land located in the Southwest Quarter of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma (the "Property"), more particularly described on Exhibit A attached hereto, to construct a proposed Sam's Club thereupon; and WHEREAS, the Authority is a statutory public trust, established pursuant to Title 60, Sections 176 et seq. of the Oklahoma Statutes, for the benefit of the City of Owasso; and WHEREAS, according to its Declaration of Trust, the Authority was established inter alia, (1) to furnish and supply utility services and facilities to the owners and occupants of commercial and residential properties and establishments within the corporate limits of the City of Owasso; (2) to promote the development of industry and culture and to provide industrial and cultural facilities, employment and activities within the City of Owasso; and (3) to provide for, to aid in providing for, and to participate in providing for facilities and services of any and all kinds necessary or convenient for the functioning of the City of Owasso; and WHEREAS, the Authority has determined that the construction of the Public Improvements (as defined below) will (1) enhance the ability of the Authority to furnish and supply utility services and facilities for all purposes; and (2) promote the development of industry and culture within the City of Owasso all of which will benefit and strengthen the culture and economy of the City of Owasso. Additionally, the Authority has determined that the completion of such projects in accordance with the terms of this Agreement will provide facilities and services that are necessary and convenient for the functioning of the City of Owasso; and WHEREAS, the Authority desires to promote the health, safety, economic security, prosperity and general welfare of the citizens of the City of Owasso by providing inducements to private persons, entities, trusts and corporations to promote industry and economic and cultural development for the residents of the City of Owasso; and WHEREAS, by locating said Sam's Club in Owasso, the Authority finds that additional new jobs will be provided, many current jobs will be retained for the residents of the City of Owasso and the surrounding communities, and municipal revenue for public purposes will be increased; and WHEREAS, the Authority desires to enter into this Agreement, which the Authority hereby finds will further industry and the cultural and economic development of the community and increase municipal revenue for public purposes. NOW, THEREFORE, THE AUTHORITY FINDS THAT: 1. Entering into this Agreement with Sam's is legislatively determined to be in furtherance of the Authority's stated purposes and for the legitimate public purpose of the economic development of the City of Owasso; 2. The Authority hereby contracts with Sam's to help achieve such purposes; 3. This Agreement provides for adequate consideration, accountability and safeguards in exchange for the consideration to be extended as provided herein; and 4. The expenditure of funds pursuant to the Project and to this Agreement is consistent with the goals, resolutions and powers of the Authority, and such expenditure of funds, together with the Project and this Agreement, have been duly approved by all necessary parties. 2 NOW THEREFORE, the Authority and Sam's, in consideration of the terms, covenants and conditions herein set forth, hereby agree as follows: 1. Recitals and Findings. The parties hereby incorporate the recitals and findings as set forth above in this Agreement. 2. Road Projects. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect, permit and improve the following municipal roadway projects (the "Road Projects"): (a) East 96th Street North; (b) North 129th East Avenue; (c) U.S. Highway 169 Service Road; (d) Install traffic signal at intersection of North 129th East Avenue and Service Road to U.S. Highway 169; and (e) Install traffic signal at East 96th Street North and North 133rd East Avenue. The scope of work to be performed by Sam's in connection with the Road Projects is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Road Projects shall be conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Road Projects. The estimated construction cost for the Road Projects is $2,750,000, the estimated engineering fee for the Road Projects is $212,000 and the estimate for materials testing is $91,000. 3. Waterline Extension. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect and permit an extension of a 16-inch public waterline approximately 1.2 miles from Garnett Road to the Property (the "Waterline Extension"). The scope of work to be performed by Sam's in connection with the Waterline Extension is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Waterline Extension shall be 3 conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Waterline Extension. The Authority shall also be responsible for obtaining the necessary temporary and permanent easements along the Waterline Extension. The estimated construction cost for the Waterline Extension is $1,150,000, the estimated engineering fee for the Waterline Extension is $71,300 and the estimate for materials testing is $26,000. 4. Sanitary Sewer Extension. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect and permit a public sanitary sewer to serve the Property (the "Sanitary Sewer Extension"). The scope of work to be performed by Sam's in connection with the Sanitary Sewer Extension is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Sanitary Sewer Extension shall be conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Sanitary Sewer Extension. The estimated construction cost for the Sanitary Sewer Extension is $186,000, the estimated engineering fee for the Sanitary Sewer Extension is $14,000 and the estimate for materials testing is $3,000. 5. Due Dili ence. Sam's agrees to perform the due diligence for the Public Improvements, as defined hereinafter, and which costs are estimated as follows: Survey - $12,500, Geotech - $19,000, and Environmental / Wetlands Survey - $5,000. 6. Bond and Design. Sam's, or its Contractor for the Public Improvements, will post a Performance Bond and a Statutory Bond, or other satisfactory collateral, for the Public Improvements with the Authority prior to the start of construction. All design and construction of the Road Projects, the Waterline Extension and the Sanitary Sewer Extension (sometimes 4 collectively referred to herein as the "Public Improvements") undertaken by Sam's shall be consistent with all City / Authority codes and ordinances as well as any other regulations or plans relative to the Public Improvements. 7. Documentation and Acceptance of Public Improvements. Upon completion of the Public Improvements, Sam's shall deliver any and all appropriate legal documentation, including, but not limited to, assignments, bills of sale, deeds, easements or grants reasonably necessary to convey unto the Authority or its assignee(s) all of Sam's right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens or interests of others which do or might impair the title of the Authority or its assignee(s) in and to the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, Sam's or its contractor shall post a two (2) year maintenance bond for each portion of the Public Improvements. After the respective maintenance bond periods, the Authority will assume responsibility for maintenance of each portion of the Public Improvements. 8. Reimbursement of Costs for Public Improvements. Sam's agrees to pay the costs to construct the Public Improvements and the Authority agrees to reimburse Sam's for the Costs of Public Improvements, subject to the following: (a) The parties agree that the engineer's preliminary estimate of the total costs of developing and constructing all of the Public Improvements is $4,566,300 (the "Estimated Public Improvements Cost"), as more fully set forth on Exhibit C, attached hereto. The parties agree that the Estimated Public Improvements Cost represents the parties' good faith estimate of the projected costs to construct the Public Improvements, however the actual cost to construct the Public Improvements ("Actual Public Improvements Cost") may vary. (b) Sam's shall be responsible for $500,000 of the Actual Public Improvements Cost ("Sam's Contribution"). 5 (c) The Authority shall, on an annual basis, pay Sam's the difference between the Actual Public Improvements Cost and Sam's Contribution ("Authority Reimbursement") as follows: (i) The amount of each annual payment shall not exceed the lesser of. (1) one-sixth of the Authority Reimbursement; or (2) the actual amount of sales tax revenue generated by the Project and received by the City of Owasso during the previous twelve (12) month period; (ii) The first annual payment shall be due one (1) year and thirty (30) days after the City of Owasso receives sales tax revenue generated by the Project; (iii) The Authority will continue to make such annual payments until such time as the Authority Reimbursement is fully paid; provided, however, that in no event shall the duration of this Agreement be more than twenty (20) years from the date of execution. If the Authority Reimbursement has not been fully paid within twenty (20) years of the Agreement's execution, the Agreement and the obligations of the parties hereunder shall automatically terminate. (d) The unpaid balance of the Authority Reimbursement shall not bear interest. (e) The Authority will reimburse Sam's only for the actual costs of constructing (not including overhead) the Public Improvements including any required Performance Bonds and Statutory Bonds, but excluding Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, an authorized representative of Sam's shall provide certified figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days' written notice to Sam's, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso, 111 North Main Street, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by Sam's, its agents, officers, employees and/or independent 6 contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. 9. Contingency to Performance. The Authority agrees that Sam's duty to perform any and all of the obligations contained within the terms and provisions of this Agreement is contingent upon (i) the acquisition of fee title ownership to the Property by Sam's for the purpose of the construction of a Sam's Club thereon, (ii) awarding contracts for the construction of the proposed Sam's Club, and (iii) commencing construction (collectively, the "Contingencies"), and that if the Contingencies are not satisfied, then Sam's duty to perform any obligation under the terms and provisions of this Agreement shall become null, void and unenforceable. 10. No Covenant to Commence Construction or Operate a Business; Waiver of Liability. The Authority hereby acknowledges that Sam's, as of the date hereof, does not own fee title to the Property, and the Authority has executed this Agreement in order to induce Sam's to close the acquisition of the Property. Notwithstanding anything to the contrary contained herein, the Authority agrees that the Property may be used for any lawful purpose. Notwithstanding anything to the contrary contained herein, it is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either expressed or implied for Sam's to either commence the construction of a building or the operation of a business or thereafter to continuously operate a business by Sam's Club on the Property. The Authority recognizes and agrees that if Sam's constructs a Sam's Club on the Property, Sam's may, at Sam's sole discretion, cease the operation of its business on the Property, and the Authority hereby waives any legal action for damages or for equitable relief resulting from such cessation of business activity by Sam's. 11. Dedication of Right of WaX. Sam's agrees, upon acquisition of fee title ownership to the Property by Sam's and upon approval of the rezoning of the Property, to dedicate to the Authority or the City of Owasso at no cost to the Authority or the City of Owasso any right of way necessary for the construction of the Public Improvements on the Property; such right of 7 way shall be granted by Sam's pursuant to the final plat of the Project. The Authority agrees that it will cause or require the franchise utilities to relocate the utilities within the public rights of way, at no cost to Sam's, as soon as practicable after the execution of this Agreement to enable the Public Improvements to be constructed. 12. No Joint Venture. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between the Authority and Sam's nor between the Authority and any officer, employee, contractor or representative of Sam's. No joint employment is intended or created by this Agreement for any purpose. The Authority agrees to so inform its employees, agents, contractors and subcontractors who are involved in the implementation of or construction under this Agreement. 13. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. The parties and their successors and assigns further agree that the non-defaulting party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. 14. Notices. All notices and communications required or permitted to be given hereunder shall be in writing and hand delivered or mailed by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: 8 If to the Authority: Owasso Public Works Authority c/o City of Owasso Attention: Sherry Bishop, City Clerk 111 N. Main Street P.O. Box 180 Owasso, OK 74055 With a Copy to: Julie Lombardi, City Attorney I 1 I N. Main Street P.O. Box 180 Owasso, OK 74055 If to Sam's Sam's Real Estate Business Trust Attention: Colby Tanner 2001 S.E. 10th Street Bentonville, Arkansas 72716-0550 With a Copy to: Wal-Mart Stores, Inc. Attention: Adele Lucas, Associate General Counsel (Store No. 6238-00) 2001 S.E. 10th Street Bentonville, AR 72716-0550 And: Conner & Winters, LLP 4000 One Williams Center Tulsa, Oklahoma 74172-0148 Attention: Beverly K. Smith or Elizabeth G. Zeiders Notice shall be deemed to have been given upon receipt or refusal of receipt. 15. Oklahoma Law. This Agreement shall be construed under the laws of the State of Oklahoma. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. 17. Execution in Counterparts. This Agreement may be executed in any number of identical counterparts, each of which for all purposes shall be deemed an original, and all of which shall constitute collectively one agreement. 18. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Neither party may assign this Agreement or any interest herein without the express written consent of the other 9 party; provided however, that such consent shall not be unreasonably withheld with respect to assignments to Sam's affiliated or subsidiary companies. 19. Agreement Severable. The provisions of this Agreement shall be deemed severable. If any part of this Agreement shall be held invalid, illegal or unenforceable, the remainder shall remain in full force and effect, and such invalid, illegal or unenforceable provision shall be reformed so as to give maximum legal effect to the intention of the parties as expressed therein. 20. Authorization. Sam's represents, covenants and warrants that the making, execution and performance of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary action of Sam's and are valid, binding and enforceable obligations of Sam's in accordance with their respective terms. The Authority represents, covenants and warrants that the making, execution and performance of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary organizational action of the Authority and are valid, binding and enforceable obligations of the Authority in accordance with their respective terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and effective on the date last executed below. Approved as to form and legality: City Attorney Date: April , 2012 ATTEST: OWASSO PUBLIC WORKS AUTHORITY Date: April , 2012 By: Authority Secretary Chairman 10 SAM'S REAL ESTATE BUSINESS TRUST, a Delaware Statutory Trust Date: April , 2012 By: Chris Cavanaugh Executive Vice President I:\111108.02\Contracts\Construction Agreement with Sam'sReal Estate Business Trust.3 (2012.04.10)(clean).docx 11 EXHIBIT A The Property Tulsa. County, Oklahoma Tracts 1, 2 and 3, when combined, form the following described perimeter: A part of the Southwest Quarter of the Southwest Quarter of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, more particularly described as follows: COMMENCING at the southwest corner of said Southwest Quarter of the Southwest Quarter of Section 16; THENCE North 88°32'45" East, along the south line of said Southwest Quarter, a distance of 90.00 feet; THENCE North 01'18"47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 50.00 feet to the POINT OF BEGINNING; THENCE North 01'18"47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 384.79 feet; THENCE North 71°49'45" East a distance of 110.76 feet; THENCE North 88°32'45" East, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 41.27 feet; THENCE North 01°26'46" West, along the easterly right of way line of U.S. Highway 169 (Mingo Valley Expressway), a distance of 374.66 feet; THENCE continuing along said right of way line North 51 °34'46" East a distance of 224.87 feet to a point on a curve; THENCE continuing along said right of way line on a non tangent curve to the left having a radius of 1195.92 feet (a chord bearing of North 45°46'18" East a length of 242.04 feet) an are distance of 242.45 feet; THENCE North 39°57'49" East, continuing along said easterly right of way line, a distance of 209.04 feet to a point on the southerly right of way line of East 99th Street North, said point being 25.00 feet southerly of, as measured perpendicular from, the north line of said Southwest Quarter of the Southwest Quarter; THENCE North 88°36'01" East, parallel with said north line, a distance of 593.17 feet to a point on the east line of said Southwest Quarter of the Southwest Quarter; 12 THENCE South 01'18'40 East, along said east line, a distance of 1264.11 feet to a point on the north right of way line of East 96th Street North, said point being 33.00 feet northerly of, as measured perpendicular from, the south line of said Southwest Quarter of the Southwest Quarter; THENCE South 88°32'45" West, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 857.36 feet; THENCE North 01'18"47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 17.00 feet THENCE South 88°32'45" West, parallel with the South line of said Southwest Quarter of the Southwest Quarter, a distance of 376.66 feet to the POINT OF BEGINNING. Said described tract of land contains an area of 1,306,712 square feet or 29.9980 acres, more or less. 13 EXHIBIT H SCOL ®L W® I I i r i ~i D D e 4~ D O D , u D D' " QOOQOO D 0 d I O D 0' _p~ Q © h n n L__.~__ ' f ~.n ,4, =1c arr a•tn:rs o-' a~ 1st°~ n~re'r n• o p G I; D av Jr ' v P^~ S : t Ay l~y~. e2v~N 93 @ CONSTRUCTION AGREEMENT SITE MAP t n n I JIM SK Consulting Engineers, P.C. SAM'S CLUB #6258 { 815 Wmt "A - Cld'h- Gty, OK 73106 OWASSO OK EXHIBIT B PH: 405-232-7715 A. 405-232-7859 ➢ S€ s 14 EXHIBIT C Public linprovements Cost 1. Due Diligence Survey Services: $12,500 Geotechnical Services: $19,000 Env. / Wetlands Survey: $5,000 2. Roadway Improvements to East 96th Street North North 129th East Avenue & 169 Frontage Road Estimated Construction Costs: $2,750,000 (includes permits & bonds) Estimated Engineering Fees: $212,000 Estimated materials testing: $91,000 Public Waterline Extend a 16-inch main approximately 1.2 miles from Garnett Road to the Site (the "WL Extension") and associated road bores (4). Estimated Construction Costs: $1,150,000 (includes permits & bonds) Estimated Engineering Fees: $71,300 Estimated materials testing: $26,000 4. Public Sanitary Sewer Extend a sanitary sewer along the south and east-sides of the CVS Pharmacy site to the Project Site. Estimated Construction Costs: $186,000 (includes permits & bonds) Estimated Engineering Fees: $14,000 Estimated Materials Testing: $3,000 5. Coordination and administration of additional infrastructure Improvements Estimated Engineering Fees: $26,500 6. Summary Estimated Construction Costs of Infrastructure Improvements: $4,086,000 Estimated Due Diligence and Engineering Total: 360,300 Estimated Materials Testing 120,000 Total Estimated Cost Contribution by Sam's $4,566,300 -500,000 Total Estimate Reimbursement $4,066,300 15 o s hE sr nvrneE--- _ = I - - T t k~. q 'Aq. a III ~ L 44 I I i. ~ r' u'--- 3 n - \ \ ~F? I 4 :$~A`~ I~II+ I .II -r f S G ^ h { _ \ \ \N \ R~ ~ Ec~ ' III ' • `li iI~E[t `aa S~?. I III 7 ' 83 „\e v IT, n` I I i ~s ads I • \ ~ . I G „aa \ ; se Ica. I a" p~ I 14z~ ~ ~xs y - 8 ~ y 3h .II' 4 I' I. , Y e^ t v I -9T I 'p ,tl \ a. f. r t;:~Tcl~' grp~FFI N'L i Ah/ i ' I~ ~ ~ 8 ~ I I ' Iy ~'Ip e - l gat k } N 733rd EAST r r y(7Q CC --C ? - - ~ ~ u~oc,r,..a n ` ~ Qk~ h~l ~ x. 56. °ar II I{{I s Iy~`1 .3~ s, k{s; Fla k I x P II. 4BI=; Fit al t A el I;~ ~R' Aar R. x .9q 1= I ~ .~}i., ~I C R IiJ ~ ;IA aI'. .ax .9F I- 'R ; S` tL' Y s! EV. I I 1= tl I I F-mow r Il~ii` 3 I I ~~~~Ag~~~ g~~ £Y'k ~9~9 8 ~ R~ $ ~ E k F ~ ~~T } 4 yy r s• ~ I Z~~ BB 3" 3a 8 a 3 o ~ ~ ~ 3g~ ~ ~ R e`> q 4''$ F N I I & os~~~~Rl o~~~x $FUP da gg qullg S, a n v 4 5 e~S a6c~a~ys" s ,g~ 5_ z ^Y``A$ ~ R 5r 'S ~ F ~4 ~ Egz~ sag ~ g v a ~Sii€ re SAM'S CLUB STORE J8238-00 14! f~~ 3 N. 129th EAST & EAST 90th ST. NORTH wa l m rr i~ OWASSO, OffiA OMA ~T k tY4 31 tit I = s II ;i 'z3 I I Y i- _ Ii Y~ .v S~ jp = 4 ~ I I I° i / ~ 6t _ ^ i - ~ 3 t } i ~I O \ I I > ~ _ I lit rl, a~ fia c- .2 _U W CU CI zYl 3 zya z g Y E J J Z I O u w ' I i O O ~ I m O i M N L N O I N _J I i I i a- i a o{c_ - a~ o s- d u~ H iJ w a ~ a O O v1 0 i N I O ~I _J C d j Q M I The City Wit nut limits. TO: Rodney Ray City Manager FROM: Bronce L. Stephenson City Planner SUBJECT: Sam's Store #6238-00 DATE: April 16, 2012 Mr. Ray, As a part of making corrections to the plat in order to ensure that no additional curb cuts are made on E. 96th St N and to address additional concerns, I offer the following proposed amendments to the Final Plat. These can be added conditions to any approval of the final plat. Staff would ensure that these conditions would be met prior to any signatures or filing of the plat. 1. The Limits of Access (LOA) between lots 4 and 5 should be reduced from 84' to 50' in width. This will provide the lots ample room for the construction of the right-in/right-out driveway. 2. The LOA between lot 4 and Reserve Area "A" should be reduced to from 98' to 84'. This will provide ample room for the construction of the main intersection to the Sam's property. 3. The LOA between lots 2 and 3 should be reduced from 84' to 50'. This will provide adequate space to construct all improvements. 4. The LOA for the gas station entrance/exit should be reduced from 115' to 84' 5. A Cross Access Easement (CAE) should be shown on the plat that runs the entire boundary between lots 4 and 5. This will provide legal access to both of the lots to and from each of the entrances. 6. The Planning Commission Approval language should be removed from the Final Plat. This is not required.