HomeMy WebLinkAbout2012.08.14_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE
OWASSO CITY COUNCIL, OPWA, AND OPGA
TYPE OF MEETING: Special
DATE: August 14, 2012
TIME: 6:00 p.m.
PLACE: Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City
at 6:00 PM on Friday, August 10, 2012P; ;-4
t
and posted on the City Hall bulletin board
ann M. Stevens, Deputy City Clerk
AGENDA
1. Call to Order
Mayor Doug Bonebrake
2. Discussion Relating to Operational Items
Mr. Lehr 0
Attachment #2
A. Santa Fe Lift Station Project Change Order
B. Powder Horn Ranch Annexation Request
C. Braums Final Plat
3. Discussion Relating to City Manager Items
Mr. Ray
Attachment #3
A. Proposed Planned Unit Development Chapter Changes
B.
Swimming Pool Text Amendment
C.
Proposed Right-of-Way 86th/Memorial
D.
Proposed Utility Billing Rate Structure
E.
Recording of City Council Meetings
F.
Proposed Retail Attractions Contract
G.
City Manager Report
Sales Tax Report
4. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing:
• Personnel matters relating to the Office of the City Manager, such executive
session provided for in O.S. 25, Section 307(B)(1); and
• Confidential communications between the City Council and the City Attorney
concerning pending litigation as provided for in O.S. 25, Section 307(B)(4)
The City Council will meet in executive session to discuss the quarterly evaluation of the
City Manager and will meet with Julie Lombardi, City Attorney, regarding pending
litigation.
5. Report from City Councilors
6. Adjournment
h City ut Limits.
TO: The Honorable Chairman and Trustees of the
Owasso Public Works Authority
FROM: John W. Feary
Project Administrator
SUBJECT: Santa Fe Lift Station and Force Main Improvements
Change Order #1
DATE: August 10, 2012
BACKGROUND:
In accordance with the 2005 Wastewater Master Plan and in order to comply with an Oklahoma
Department of Environmental Quality Consent Order (No. 10-036), which was issued in January
2010, these improvements will upgrade the Santa Fe Lift Station and Force Main to provide
adequate pumping capacity and conveyance for current and future wastewater flows from the
Ranch Creek Interceptor.
During the construction process, and due to the significant excavation affiliated with the lift
station, staff realized that any future connections to the wet well structure would be very difficult
and expensive due to the depth required for future influent gravity lines.
Included in the current budget is the design of the new Ranch Creek Interceptor, which will be
needed for future development on the west side of U.S. 169. In order to facilitate that future
connection to the wet well, the current design has in place a 36" opening to be capped with a
blind flange fitting at the wet well structure. The designed influent line will be approximately 27'
below the top of the wet well. At that depth, excavation in such close proximity will result in
substantial shoring costs, as well as the removal of newly installed decorative fence and
landscaping at the Santa Fe site.
Staff proposes the installation of two (2) 18' long joints of 36" pipe from the wet well penetration
to the west in alignment with the proposed future Ranch Creek Interceptor upgrade. The
installation of this pipe will extend the line 36' from the west wall of the lift station and allow
access for the future connection with little to no disturbance at the new Santa Fe site. The
contractor has proposed a cost of $14,000 for this work. City staff has been in direct contact with
the design engineer who feels that this change order is necessary and the price is in
accordance with current construction fees of this nature.
FUNDING:
Funding for the construction of this project has been obtained from the Oklahoma Water
Resources Board (OWRB) via a loan from the Clean Water State Revolving Fund. This change
order would be funded through the loan's budgeted contingency category. The current
contingency budget line item available in this project is $122,292.
PROPOSED ACTION:
Staff intends to recommend approval of Change Order #1 for the Santa Fe Lift Station and
Force Main Improvement Project in the amount of $14,000 adjusting the total contract amount
to $2,650,700.
ATTACHMENT:
A. Proposed Change Order Prepared by Greeley & Hansen
.:F?:
CITY F OWASSO, OK
SANTA FE LIFT STATION A FORCE
MAIN PLACEMENT
Change Order No. I
DATE: August 3, 2012
CONTRACT: Santa Fe Lift Station and Force Main Replacement
CONTRACTOR: W.N. Couch Contractors
401 S. Memorial Drive
Tulsa, Oklahoma 74112
DESCRIPTION OF CHANGE ORDER:
Compensate the Contractor for providing additional 36 feet of 36-inch ductile iron pipe
for the future Ranch Creek Interceptor improvements.
METHOD TO BE USED IN MAKING PAYMENT:
The payment for this Change Order will be made in accordance with Articles 10, 11 and 12
of the General Conditions and Section 01250 of the Contract.
City of Owasso, Oklahoma
Santa Fe Lift Station and Force Main Replacement
Change Order No. 1
ADJUSTMENTS TO THE CONTRACT AMOUNT:
The adjustment to the contract amount resulting from this Change Order is an addition in the
amount of $ 14,00.00 determined as follows:
Compensate the Contractor for providing an additional 36 feet of 36-inch ductile
iron pipe for the future Ranch Creek Interceptor improvements.
TOTAL
$ 14,000.00
$ 14,000.00
The considerations provided herein are accepted by the Contractor as full compensation for
all costs associated with this Change Order including all direct and indirect costs, whether field or
office incurred, and any costs associated with additional time, if any, which may be required as a
result of this Change Order.
It is mutually agreed that the lump sum price or prices listed above are accepted by the
Contractor as payment in full for all work under this Change Order, or as full credit against the
contract amount in omission of work included.
All Work included in this Change Order is subject to all applicable terms and conditions of
the Contract.
Original Contract Amount $ 2,636,700.00
Adjusted Contract Amount (previous) $ 2,636,700.00
Adjustment this Change Order $ 14,000.00
Adjusted Contract Amount $ 2,650,700.00
ADJUSTMENT TO CONTRACT TIME:
This Change Order No. 1 does not affect the Contract Times under Article 4 of Section 00520
of the Contract.
City of Owasso, Oklahoma
Santa Fe Lift Station and Force Main Replacement
Change Order No. 1
Recommended:
GREELEY AND H SEN,LLC
By:
Ryan M. Christopher, PE
Project Manager
Accepted:
W.N. COUCH CONTRACTORS, INC.
By:
Approved:
CITY OF OWASSO, OK
By:
Chair
Owasso Public Works Authority
Date:
Date:
Date:
*h ty PUmiTO: The Honorable Mayor and City Council
M"s
City of Owasso
FROM: Bronce L. Stephenson, City Planner
SUBJECT: Annexation - Powderhorn Ranch
DATE: August 10, 2012
BACKGROUND:
The City of Owasso received a request for annexation for a 49.94 adre piece of property known
as the Powderhorn Ranch. The subject property is in Tulsa County and zoned AG (Agriculture).
The applicant is petitioning the City of Owasso to annex the property and then rezone it to allow
for residential development.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
RS-3
North
(Small Lot
Residential
Residential
City of
Single-Family
Owasso
Residential
South
A ric G ural
Residential
Residential
Tulsa County
RS-3
East
(Small Lot
Residential
Residential
City of
Single-Family
Owasso
Residential
AG -R
West
(Agriculture-
Residential
Residential
Tulsa County
Residential
ANALYSIS:
The City of Owasso received a request for the annexation of approximately 49.94 acres of land.
The subject property is located on the west side of North Mingo Road approximately one-
quarter mile north of East 106th Street North. The subject property lies in an area prone to
flooding, with a portion of the property in the 100 and 500 year floodplain and floodway of
Ranch Creek. Access to the majority of the property would be facilitated through the
construction of a bridge over Ranch creek that would provide access to N Mingo Rd, with a
secondary access point through the Hillside Addition to the north of the property. If the property
is annexed into the City of Owasso, the applicant will be required to follow City of Owasso
development procedures, which include rezoning, and the approval of preliminary and final
plats. If annexed, any development proposed for the property would be required to meet the
a
Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site
engineering standards as prescribed by the Public Works Department including, but not limited
to, stormwater detention, paved streets and sidewalks.
Staff published legal notice of the annexation petition in the Owasso Reporter on June 29, 2012,
and letters of notification were mailed to property owners within a 300' radius of the subject
property.
. L'
DEVELOPMENT PROCESS:
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of-way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
C.
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee met on July 25, 2012 and recommended approval of the
annexation request.
PLANNING COMMISSION:
A,
r
The Owasso Planning Commission will review this item at their regular meeting on August 13,
2012.
PROPOSED ACTION:
Staff intends to recommend City Council approval of the annexation of the Powderhorn Ranch
development property, subject to Planning Commission recommendation.
ATTACHMENTS:
A. Area Map
B. Aerial Map
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he City t Limits.
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TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, City Planner
SUBJECT: Final Plat - 96th Street North Center
DATE: August 10, 2012
BACKGROUND:
The City of Owasso received a final plat for review and approval of the 96th Street North Center.
The subject property is 2.2 acres in size and is comprised of two (2) lots on one (1) block. The
eastern lot will be the site for a new Braum's Ice Cream and Dairy Store.
SURROUNDING ZONING:
Direction
Zoning
Use
L n Us Plan
Jurisdiction
CG
North
(Commercial
Vacant
Commercial
Tulsa County
General
South
AG
A ricultural
Agriculture
Commercial
City of
Owasso
East
AG
Single-Family
Commercial
Tulsa County
A ricultural
Residential
CG
West
(Commercial
Vacant
Commercial
Tulsa County
General
ANALYSIS:
The final plat for the 96th Street North Center consists of two (2) lots on one (1) block on
approximately 2.2 acres. The applicant is platting the property for the purposes of developing a
Braum's Ice Cream and Dairy Store and holding an available commercial lot. The subject
property is located approximately 332' east of the northeast corner of E 96th St N and N Garnett
Road.
The final plat proposes access onto E 96th St N in the form of three (3) Limits of Access (LOA)
points. The two easternmost LOA's will be the shared driveway points that will serve the 96th
Street North development, with the western LOA being combined with a Mutual Access
Easement (MAE). The western MAE will serve the 96th Street North Center development and will
be a shared entrance with the property located west of the subject property, once that
property is annexed and platted. Another MAE is proposed at the northeastern portion of the
plat that will allow the sites to connect with future development to the east and to the north with
the intent of providing cross access to reduce the number of traffic conflict points on arterial
streets. Staff is working with the developer and surrounding property owners to develop a
comprehensive approach that will ensure this important commercial corridor develops in a safe
54
I-
yet attractive manner. There is a perimeter utility easement shown on the plat that will provide
utility companies' access to service the development.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the preliminary plat for the 96th Street North Center
at their regularly scheduled meeting on July 25, 2012. The TAC comments are attached.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on August 13,
2012.
PROPOSED ACTION:
Staff intends to recommend City Council approval of the final plat for 96th Street North Center
subject to Planning Commission recommendation.
W ATTACHMENTS:
ii
15
A. Area Map
B. Aerial Map
C. Final Plat 96th Street North Center
D. TAC Comments
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OWASSO TECHNICAL ADVISORY COMMITTEE
Wednesday, July 25, 2012
City Hall, Lower Level Conference Room
ABSENT
Chief Garrett
Jerry Gammill
Larry Clark-Cox
Rick Shoemaker - ONG
NOTES FROM JULY 25th TAC MEETING
Z5
5. Final Plat - 96th Street North Center
David Vines-
• Show a cross access agreement.
• File for separate instrument on the entrance of Lot 2.
Public Works-
Add language in the Deed of Dedication confirming main authority
of the access easement if one of the lot sells.
AT&T- Tim Maxey
• A 4" conduit is needed.
Community Development-
s Show address on final plat.
AEP/PSO
• No Comments
-n
Fire Department-
9 No comments
V
OCity ut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, City Planner
AW
SUBJECT: Proposed Zoning Code Amendment - Planned Unit Development Chapter
DATE: August 10, 2012
BACKGROUND:
The Quality of Life Initiative Final Report that was adopted by the City Council in April 2011
included guidelines for the future development of Owasso. One area where citizens expressed
interest during the public workshops and through the on-line Wikiplanning survey was ensuring
that our neighborhoods were safe, attractive, sustainable, and livable. Subsequent to receiving
these comments, staff renewed its review of the Zoning Code in greater detail to determine
where improvements could be made that follow the principals of the Quality of Life Initiative.
The PUD (Planned Unit Development) process is the preferred vehicle of choice for developers of
single family subdivisions in Owasso. Nearly all new subdivisions being platted are using the PUD
process. The main reason for this is the flexibility allowed in lot size dimension. The RS-2 and RS-3
by-right zoning districts restrict the lot widths to 75 feet and 65 feet respectively; however, the
market has changed in the past ten years, with both home and lot sizes seeing reductions in size.
The most common request for lot widths with new PUD applications is 50 feet, which is 15 feet less
than what the RS-3 zoning district allows. Flexibility is the key benefit of the PUD process.
A PUD is essentially negotiated zoning and, as such, the developer is asking for relief to the
underlying by-right zoning restrictions. What most cities, including Owasso, have done, is allow
this flexibility in exchange for additional amenities or open space as part of the development.
W While this has worked to some degree in Owasso, there have been some inconsistencies in terms
of the amenities being provided and usable areas of open space. Additionally, staff has
encountered several PUD's that were approved over five (5) years ago that were never
activated, primarily due to the slowdown in the economy. The current ordinance is ambiguous
with respect to what constitutes an amenity or useable open space; what happens to an
expired PUD; and what determines if it is expired or not. Additionally, the ordinance is silent on
what the minimum requirements are for a PUD submission and exactly how much density is
allowed and how it is measured. Owasso has had great success through the use and
implementation of PUD's and these proposed changes would only strengthen the PUD process.
PROPOSED TEXT AMENDMENT TO THE OWASSO ZONING CODE:
The attached document is a draft of the proposed change to the Owasso Zoning Code.
Additionally, the comparison sheet outlines the areas that would be impacted by the changes
to the zoning code.
REASON FOR THE PROPOSED CHANGE:
TIMELINE:
This item is for discussion purposes only at this time. Staff intends to bring this item before the
Owasso Economic Development Authority and the Planning Commission for initial discussion.
Staff will also gather public input on the proposed changes and bring a finalized version of the
chapter back for final review by the Planning Commission and the City Council.
ATTACHMENTS;
A. Draft, PUD Chapter
B. Summary of Changes
CHAPTER 8
PLANNED UNIT DEVELOPMENTS
8.1 INTRODUCTION AND PURPOSE
A Planned Unit Development (PUD) is a special zoning overlay that provides
alternatives to conventional land development. Upon approval, it becomes a
supplement to the existing zoning of the subject property. A PUD is also a
means of encouraging creative development of land and promotes project
design that is often unseen in conventional devel
seen as a tool to circumvent the zoning and subdi
of Owasso, but rather as a tool for intellige
developments that fit within Owasso's existin
the surrounding area. A PUD provides flex'
on properties with unique physical ch
design and providing guidelines which tM
the City of Owasso's future growt ea
special restrictions which will all m
procedures are established herein to en
flexibility.
8.2 GOALS
op, PUD shall not be
r lations of the City
- fanned, and quality
ds and context of
al - he development
by' iny, innovative
develop eneficial to
Ability is provide
of othe ermitted,
isuse of a increased
AW&qter
flexi ovould be allowed with the
ific goal, t need. a accomplished with each
D's be evalu on their ability to accomplish the
W X
an f Life in Owasso
2.
Mai nt
` Encourage
eserve an id
to Con
niqu d Thoughtful Development
he lopment of Strong
es Beyond Conventional Developme
rv Physical Characteristics of the Land
8.3 APPLICABILITY
1. A PUD may be submitted for any parcel of land located within any general
zoning district or combination of general zoning, districts within the Owasso
City Limits. In all cases, the PUD will be reviewed as to the proposed
location and character of the uses and the unified treatment of the
development of the tract. The regulations of the general zoning district or
Because PUD's
base zoning, tt
application
following:
1.
6." _ o
7.
8. Su
9. Provt
10. Prese nt
rt or nfill
.
o se of Community
p t Otherwise Could Not Occur on the Site
ti ful Open Space
ivity-and Compatibility with Surrounding Development
Neighborhoods
districts remain applicable except as specifically modified pursuant to the
provisions of this chapter.
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2. Approval of a Conceptual Development Plan is required prior to
development of a PUD district. Comprehensive Development Plans are
subject to recommendation by the Planning Commission and approval by
the City Council.
3.
5;
This PUD chapter shall complement the other sections of the Owasso
Zoning Code. In instances where the requirements are conflicting, the
Community Development Administrator shall deters the correct action.
A Conceptual Development Plan shall be
request for rezonigS.
8.4 MINIMUM STANDARDS
DENSITY
By their very nature, PUD's are de
unique or unusual, natural or man-
development that mak of and
be necessary to cluster v
density is proposed, additi
promote and maintain usea op
that comolen.the existi
rrently with a
Noop parcel f ff land with
tions. In order to promote
h unique features, it may
ts. If clustering of
ided; the design shall
Friy0ut shall be provided
ised upon the gross area of the tract,
P Pof way, or easements to provide an
hat shall be expressed in units per
ons shall be provided within the PUD
i nsities - A residential PUD shall not
2!nsi ove five (5) dwelling units per acre for single-
dev'opments. Should a development propose a density
5) units per acre, written justification shall be provided
Jonale of the decision and additional amenities shall be
.te the increased densities.
Multi -Faq+Residential Densities - Multi-family densities shall be
consistent with Chapter 4 of the Owasso Zoning Code. All multi-family
residential developments shall be accomplished through a PUD.
B. LAND USE PERCENTAGES
In any residential PUD, at least 20% of the gross area of the tract shall be
devoted to open space, common areas or amenities. Rights-of-way and
utility easements shall not apply to open space calculations.
C. PRESERVATION OF TREES AND OTHER NATURAL FEATURES
PUD's shall be designed to preserve and enhance the existing physical
characteristics of the land and the natural vegetation that exists on the
land. Projects that require clear cutting or denuding of large tracts of
land for development are discouraged. Trees in excess of eight (8) inches
in caliper shall be preserved and worked into the overall design of the
project, unless the applicant can provide substantial justification to
remove said trees. Tree preservation credits shall be applied to all
landscaping plans and additional landscaping shall be required for projects
that remove excessive healthy vegetation. NAM
Of?
D. SCREENING AND BUFFERING
Screening is an important part of any PUD p ecially when
incompatible uses are proposed within t , o adjoinirEg,
developments. Screening may be empl a fo
1. Fencing- Natural materials a ur
2. Walls- Stone, brick, split-fac or rative ma hall be
used. L ,
3. Berms - Berms may used in comb with vegetation or fencing to
achieve the desired
4. Vegetation. Vegetati s a scre nism that can be
efficient and aesthetic In ma , leaving the natural
vegetation as a means o ee ves desired results.
5. New veg may be eves the intent of this
sectio and si veget shall be provided with the
requ- o al Devel _ ent Plan -and conform to Chapter 20 of
t Cod
r_ rd oundaries of the PUD where higher
ig , sit in existing tracts that are of a lower
~ntensi it mpie of this may be 5000 SF lots adjoinirig an
existing si i _ ment containing 20,000 SF Lots. Buffers shall
-ry in size d di a use or the density of the development, but in
e a mini of 20 feet in width. Vegetation and screening is
d in bu yards.
E. TRAN USES
Great c all be :given as to the location of the more intense uses or
densitie ithin the PUD. Transition shall be achieved when possible by
placing less intense uses alor}g the perimeter of the PUD area with more
intense uses near the center of the PUD. For example, if a PUD is proposed
in an area that abuts mostly acreage lots, the PUD should place larger lots
meeting RE or RS-1 standards along the perimeter and move towards
smaller lots within the core of the PUD area or along arterial streets. If
transition cannot be achieved, a large and well-vegetated buffer should be
provided.
F. CONCEPTUAL LANDSCAPE PLAN REQUIRED
Each PUD shall require a landscape concept plan at the time of submittal.
The landscape plan shall depict general locations for landscaping, but shall
not be required to go into great detail on the conceptual plan. Trees,
however, shall be shown on the conceptual landscape plan. More detailed
landscape plans may be required in the later stages of the development
process in conformance with the City's adopted landscape requirements, or
if the Administrator or Planning Commission deems it necessary during at
the conceptual landscape phase.
G. ADHERENCE TO CITY LANDSCAPE REQUIREMENC All adopted landscape requirements shall be• PUD. A PUD shall
provide landscaping. that exceeds the City' irements in order
to meet the goals, purpose, and criteria ou D ordinance.
H. SITE DEVELOPMENT
1. Low-Impact Design (LID) CH ,
All PUD proposals are encoura porate L - techniques.
Utilizing LID techni can greatly i infrastructure costs and can
be incorporated int on areas a space. Some LID design
possibilities are: Bi areas ens), Green roofs,
Permeable paving or, stern getated swales, and
Impervious surface redu n. couraged to define how
LID prin ' ll be app
2. Gr nd isturban
P all be denud I.I. vegetation. Great care should be
given t grading plans that incorporate natural
n by and vegetation of the PUD area. All
l st s shall have a minimum of a 20 foot
un ~s bu red from the top of the stream or creek bank
jL_ and sh . I. the design of the PUD whenever possible.
City; -State, and Federal Requirements
drainage plans shall meet all City, State and Federal
1. PARKIN CIRCULATION
The de toper shall provide plans that depict the safe and efficient
movement of vehicles throughout the PUD. For any PUD that proposes
more than two-hundred (200) residential units, a traffic study shall be
provided to the City of Owasso for review. All Federal, State, and City
regulations shall be met by the PUD proposal. All parkin g, areas, driveways
or other means of vehicular access shall be designed in accordance with
Chapter 9 of the Owasso Zoning, Code.
J. OPEN SPACE
V3 At least 25% of the provided open space shall be developed and maintained
for active or passive recreational activities. The remainder should be kept
as marshland, wildlife areas, woodlands, creeks, etc. At least 10% of the
above reference area shall be out of the floodplain (100 Year) and
floodway.
K. COMMON AREAS
Common areas shall be provided throughout the development for the use
and enjoyment of the residents of the surrounding.. area. Common areas
iu
promote social interaction and help to create a sengW community.
L. AMENITIES REQUIRED -
Any residential PUD development shall
from each of the categories from the T~
1) For any residential developme t I
than four (4) units per acr e a
category shall be required fo
2) A developer may pro ose any amen
explanation of wha ory it sh
Development Admini e P
Council shall determin N
one (1) amenity
L
a g ity of more
onal a om any
acre ov
provided on the list and an
under. The Community
fission, or the City
e.
3) Amenitie a combi' ore park/recreation areas.
(i.e. _p 'club hou r a pa area with a basketball court,
pla d, a. [king tra
4) Park a r - reas sh a placed in a centralized location
- th onvenient and accessible.
w
Any a ure or pond shall be re-circulated through a
founta rf ther aeration device. This requirement applies
LLto any st eten pond that is maintains a pool elevation of water.
rr.%
E8
TABLE 8-1, REQUIRED AMENITIES
%
. 1
Ri,
SPORTS FIELDS, TENNIS COURTS, BASKETBALL COURTS,
ACTIVE RECREATION VOLLEYBALL COURT, DISC GOLF COURSE, SKATE FACILITIES,
BIKE PATHS, HIKING TRAILS, GOLF FACILITIES
PASSIVE RECREATION
STOCKED FISHING POOND,
LEAST 2 ACRES, HOR ADJACENT TO PRESE EQUESTRIAN FA OR TRAILS
PRESERVE AREAS OF AT
, WILDLIFE VIEWING AREA (IF
L CAMP GROUNDS,
AREA, WALKING PATHS
DOG PA AR PAVILLIONS]1Q 7DOOR
PUBLIC GATHERING AREAS AMPHITHEATR , , GAZEBO,AREA, DOCK
A$, COMMUNI fEN, PARK AREA
FAMILY RECREATIONAL AREAS
PAD,
POOL, PLAYGROUND
M. NC _ N
eloped in accordance with the adopted
Owasso ' e n. The PUD shall meet the Goals, Objectives
nd Action _ ies within the plan.
N. TIBILI ITH SURROUNDING DEVELOPMENT
D sh a designed in a manner that is compatible with the
Burr opment in the area. If the proposed development is not
in cha ith the surrounding area, the PUD shall show how the
develop can be screened or employs techniques that will mitigate the
n incompa ty.
8.5 PROCEDURE
u
A. PRE-APPLICATION MEETING
A pre-application meeting is required prior to submitting a formal
application for the proposed PUD project. This step offers the developer a
chance to meet with City staff to discuss ideas related to the development
of a PUD on a piece of property. City staff from different departments
L
shall be available to discuss the project, answer questions and provide
information to the developer.
B. SUBMITTAL OF DEVELOPMENT APPLICATION
1. After submittal of a completed PUD application packet with all required
information, the Administrator shall provide a professional review of the
project and shall assist the developer in understanding the PUD process.
2. The Administrator shall require sufficient detail in the Conceptual
Development Plan to provide an opportunity for viewing bodies to
make informed decisions and evaluate compl 'th the applicable
approval criteria. iwl
3. The Administrator shall provide reco , atio ding changes or
additions to the PUD that would roje consistent with
the goals, purpose and standar th D outli his chapter.
Upon completion of a successf licatic.the PUD s aced on
the next available Planning Co g
C. TECHNICAL ADVIOSRY COMMITTEE (TA
1. Prior to the Planning ion, the C asso's Technical Advisory
Committee (TAC) shat e PUD and all supporting
documentation.
2. The TAC ILAkWvide co -~t per regarding utilities,
egg~Ql- . , and pr ct desi
ILI 3. All all be ad by the developer prior to the PUD
being rs ni mission or City Council.
F~
REQUI I
t least s c 1 days prior to the project being heard by the
nning Co on applicant shall hold a neighborhood meeting to
uce the Je ' ' o neighboring property owners and receive input
a tent' ues with the development. The applicant shall provide
wn i out the meeting to all property owners within three
hundr feet of the subject property. The meeting shall give the
develo opportunity to address potential issues, answer development-
related questions, and bring forward a project that is consistent with the
surrounding development of the area. City Staff will be present to answer
procedural and City-related questions, but will otherwise observe and
report on the discussions held at the meeting.
E. PLANNING COMMISSION
It shall be the duty of the Planning Commission to review each PUD prior to
consideration of the City Council.
_e
.T.
7.
1. The Planning Commission shall perform detailed analysis of the project
and make recommendations to the applicant and the City Council.
2. The Planning Commission shall receive staff's input, hear from the
general public, and engage the developer in discussion of the project.
3. The Planning Commission shall address any potential issues that they feel
the project has and suggest design alternatives to create a project that
meets the goals, purpose, and criteria identified in this chapter.
4. The Planning Commission shall make o
recommendations to the City Council. J
a) Move to recommend denial of
b) Move to recommend approval,
c) Move to recommend approva
5. Should the Planning Commissi
tabled until the next meeting
ri req
of the following
L:
as presented
with conditions
can be
to ovided.
6. No proposal may c tinue to th Council until the Planning
Commission has made mmendatio City Council.
7. If any major chariges are tans formation is brought
forward after review by - P n, the City Council may
ask that th ct rgturn mission for review.
F. CITY CO
The C' it sh ake the f cision on any PUD application. A
final PUD ved a -With an Ordinance. The approved
cmAzmGe an shall dictate any future development
-t y, a PUD is amended or the PUD is allowed
to expi w EMMIL--
Riffibe City Co hallthe information provided by City staff, the
mendati rom the Planning Commission, and the input from the
nd the.ject developer to approve or deny and proposed PUD.
R
1. The• ncil may add conditions to the project that they feel are
necess o meet the intent of the PUD Ordinance.
2. Should the City Council require more information; the item can be tabled
to a future meeting.
3. All conditions imposed by the Council shall become binding, and shall be
met before the project may proceed.
'UD PROCESS L CHART
8.6 TIMELINE AND EXPIRATION
A. VALIDATION
A PUD shall be validated once any portion of the property has been platted and
recorded or a building permit is approved.
76
B. ZONING ORDINANCE
Because a PUD is a zoning action approved through C
the City shall file the ordinance approving the desi
of land, with the County Clerk's Office upon platt'
of the PUD.
_W
C. EXPIRATION
For any PUD in which there has beeAnn't,
of the property platted after five the PUD shall be considered null an
Planning Commission and City Coon the property. Upon apprAdministrator shall transmit i~✓riting the d
Commentary: PUD's are app
zoning of the site shall not expi on
cil by Ordinance,
a PUD on a tract
rding any portion
Mrmit i r any portion
sinc pproval b ouncil,
ids a brought fore the
rior to an velopment
~by the City Council, the
~ ich the PUD will expire.
mg. The underlining
y shall expire.
D. EXTENSIO F 1W.
An extensi y be ted by t Oministrator for PUD's that are nearing
the 5 ye on' . PUD's m xtended one (1) time for a maximum
of two (2) ad ide_d_ ter is submitted to the Administrator
as ' e~ o (2) months prior to the five (5) year
a r mus Rate the following:
Reason e
_ That the n. anges to the original PUD approved by the City
ouncil.
ted d by which a portion of the PUD will be platted
Y_
It shall be doping party's responsibly to ask for and sign the letter of
extension. I extension has been sought and granted, said PUD shall be
considered ' w~lred and must be re-approved by the Planning Commission and
City Council following the process prescribed in this Chapter. If no portion of
the property has been platted nor any building permit received by the
Community Development Department, within the two (2) year extension
period, said PUD shall expire and a new PUD application must be submitted.
S
V
8.7 AMENDMENTS
There may be instances when a change or amendment to the oriainal PUD is
necessary or desired. In these situations, the magnitude of these amendments
is considered. There are two types of amendments that can occur with a valid
PUD, a major amendment and a minor amendment.
A. MAJOR AMENDMENT ,T
A major amendment is described as a significant ch pcreases the
density, intensifies the use, or creates inconsisten ' ith a character of the
PUD that was initially approved shall proceed t entire PUD process as
outlined in this chapter.
1. The Administrator shall determin nges t UD meet the
criteria for a major amendm s an propr. to - nd will
maintain the spirit of what wa din original Pli r
2. An appeal from the Administrators that the changes to the PUD
construe a major ame ' nt shall be writing by filing a notice of
appeal to the Plann ission t (10) days of the
Administrators decision' $hall a regular meeting of
the Planning Commissi me ' applicant defend his
proposal. shall no ration.
B. MINOR- '
Small ch me he intent rdinance, do not increase the
density, are c roundi velopment, and do not pose a threat
to t , s ity of Owasso can be administratively
r amendments may also include
F ca ion ca rking areas, drive aisles, or other similar
nges that or
r
or amen nts' all be approved administratively and may only be
ed to -g fore the Technical Advisory Committee(TAC).
8.8 COMPRE = DEVELOPMENT PLAN
A. CONCEPTUAL SITE PLAN
The required conceptual plan shall be a rendered plan that clearly articulates
31 the overall concept of the PUD. Figure 8.1 illustrates an acceptable conceptual
site plan rendering. The site plan shall include the entire PUD area, and may
include site plans of smaller areas to provide more specificity if the
development is large.
1. The site plan shall include, at a minimum, the following:
a) Name of the proposed development.
b)
C)
d)
e)
Name and address of the property owner and developer.
Name of the preparer of the document.
Graphic scale drawn at a scale no smaller than 1:100, a north arrow,
date of preparation, and a legend. Vicinity map outlining the
location of the development in relation to major streets within 1000
feet, schools, and other landmarks. The County where the
development lies shall be depicted.
Legal description of the property shall be provided. Total acreage
of the tract, total acreage of the proposed area to be improved, and
acreage of open space. Location and name of abutting subdivisions
and City Limit Lines.
Wooded areas, wetlands, waterways, in and floodway,
ponds and other natural features shal icted.
Location of all proposed streets.
Location of each proposed bui i (si ily residences or
duplexes not required) A
Proposed density of the d -n depic oss density
figures (gross units per acr he en ' e develop
Location and identificat an s within t shall be
depicted. Identification of ations, de, n ion areas,
open space areas, etc shall be c • picted.
Location of parkt S.
Depiction of any walkirl thways, and buffer
yards, including, fen
Notation on the plan o r yards will be and how
they vyAkhe landscap"
Figure 8.7-1
B. COMPREHENSIVE DEVELOPMENT PLAN AS THE PRELIMINARY PLAT
Should a conceptual site plan be provided that goes into sufficient detail
necessary for submittal of a preliminary plat, the plan may be used as the
preliminary plat for the PUD project. If the site plan is to be used as the
preliminary plat, it must contain all of the required elements for preliminary
plat approval outlined in the subdivision regulations of the City of Owasso. If
the PUD is approved with a site plan that is sufficient to be used as a
preliminary plat, the applicant may proceed to the final plat stage.
Commentary: It is not required that the entire
only the portion the applicant intends to devel
8.9 DESIGN AND INTENT STATMENT
A. REQUIREMENTS
The design and intent statement arty
proposed development and shall i 0
justify using a PUD approacb.over conventi
1. At a minimum, the d and intents
elements, listed below.
a. Overall project
b. List o_ rop
c. Lis
d. T
ly.
be platted,
they for the
of th roject that
shall include some basic
ate ht d intent.
d l sidential densities
nvol' plica ner, agent, plan preparer)
expl ng why t e development is appropriate,
with t ordinance. The applicant should
'J is tent with the goals, purposes, and
NTf C1l~=' the compatibility of the proposed
e surrounding area. The statement should
ad Le transition, screening, types of materials to be
usedr f struct ures, .
A table wiry how the proposed PUD will differ from current bulk
standar with an outline of what sections of the zoning ordinance
ub on regulations that the PUD seeks relief from.
19. ine of the covenants that will govern the property and
ation about the development of a Homeowners Association
a how they will govern the common areas.
h. An anticipated timeline for development, which may include a
phasing plan.
i. The PUD's consistency with the Owasso Land Use Master Plan.
Sections 8.90-8.99 Reserved
Highlights of PUD Chapter Changes
• Open Space
sr
Old Code: Simply states that open space "must be an essential element of the Plan".
New Code: Requires that projects have 20% open space (excludirtig rights of way and utility
easements) as a percentage of the gross acreage and that 25% of this area be developed and
maintained for active or passive recreation.
• Expiration
41 Old Code: Somewhat ambiguous. Parts of the code imply it is valid only for three (3) years if no
building permit has been issued, while other areas state that a PUD expires in 2 (two) years if no
final development plan has been submitted and seems to mix language between final
development plan and a plat. The code makes no reference as to what construes a final
development plan. There is also some language that alludes to a contract that guarantees
completion of any single phase within five (5) years, with the condition that the project could
otherwise be revoked by the Planning Commission.
New Code: Clearly states that if any portion of the project or if a building permit is issued within
five (5) years after approval by the City Council, the project is validated. If none of these items
occurs, then the project is considered expired and must be re-approved. There is also a clearly
outlined process for asking for an extension, whereas the current code provides no guidance in
this area.
x~
• Amenities
Old Code: Some amenities are required based upon the density proposed.
New Code: The new code builds upon the old code, but clarifies the amenities required based
on the type of development and density. A table is provided that allows the designer to
customize their amenity package based on the density proposed. There is also more emphasis
on providing amenities for residential development. At least four (4) types of amenities are
required for any PUD, and if a neighborhood proposes a higher density than 4 units per acre,
one additional amenity from any category shall be required for each 0.5 units per acre over 4.
• Major and Minor Amendments
Old Code: These are outlined in the existing code.
New Code: These will be similar to the existing code, but with a clearly defined process and
description of what defines a major and minor amendment.
K-L
• Minimum Requirements for Conceptual Development Plans
Old Code: Required, but somewhat unclear as to what should be included in the conceptual
development plan. Most developers provide the necessary documentation, but there are some
areas that are a vague in terms of what is actually required.
New Code: Ensures that correct and uniform information is provided that will assist the
decision-making bodies in reviewing the project. The plans will also work with the design intent
statement to fully articulate what the development will look like.
• Design Intent Statement
Old Code: Not required
New Code: Adds more specificity as to what are the minimum requirements. The design intent
statement is an important document because it is a part of the PUD approval. It outlines the
plan, the design, covenants, timeline, and other important aspects of the project.
• Neighborhood Meeting
Old Code: Not required
New Code: A neighborhood meeting would be required prior to the item being heard by the
Planning Commission. This is a great opportunity for the developer to present the item to
surrounding property owners, gain input, listen to concerns, and possibly make changes that
Y
would benefit both parties. It also helps the developer with gaining approval at the Planning
Commission and City Council, because they can report on their efforts to work with the
neighbors and listen to their concerns.
_t
.d
90T City W , _ ut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
City Planner
SUBJECT: Proposed Zoning Code Text Amendment - Pool and Accessory Structure Setback
Requirements
DATE: August 10, 2012
BACKGROUND:
The Owasso Zoning Code is a document that requires updating and/or clarification on a
periodic basis. In working with applicants and developers, staff has discovered that the required
setbacks for pools and other accessory structures in residential zoning districts requires a ten (10)
foot setback from side and rear property lines. In many cases this setback is greater than is
required for the primary structures on the property. Considering this, the larger setback seems to
be greater than necessary. Additionally, the current development trends are for smaller lots in
residential subdivisions, which have much less yard area for swimming pools and other accessory
structures. Staff feels that a reduced setback equal to the required building setbacks for the
zoning district of the lot is more appropriate. For instance, an RS-3 (Small Lot Single-Family
Residential) lot would allow for a five (5) foot setback, but an RE (Residential Estate) lot would
require a fifteen (15) foot setback. These rules would apply to in-ground pools only, with above-
ground pools still requiring a ten (10).,foot minimum setback for an RS-3 lot. Most residential lots
have a 17.5 or 11 foot utility easement at the rear of the property that would be more restrictive
than any required setbacks. The proposed ordinance would continue to read that no pool or
other structure can be built within an easement.
The Owasso Planning Commission held an initial discussion at the Special Meeting on July 2,
2012. At that meeting, the Planning Commission suggested that staff include language with any
proposed text amendment allowing the Administrator from the Community Development
Department flexibility in making determinations about the appropriate setback for pools, and
only allowing for five (5) foot setbacks in some cases. Staff considered this and included
language that provided flexibility to the Administrator to make determinations in this area.
PROPOSED TEXT AMENDMENT TO THE OWASSO ZONING CODE:
240.2 Permitted Yard Obstructions
Obstructions are permitted in required yards as follows:
(A) Cornices, canopies, eaves, and similar architectural features may project into a required
yard.
(B) Fire escapes may project into a required yard.
(C) Fences, hedges, plant materials, and walls may be located in any yard provided that on
any corner lot on which a front and side yard is required, no wall fence, sign, structure, or any
plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above
the crown of the adjacent roadway shall be placed or maintained within a triangle formed
by measuring from the point of intersection of the front and exterior side lot lines a distance
of 25 feet along said front and side lot lines and connecting the points so established to form
a "sight triangle" on the area of the lot adjacent to the street intersection. Fences and walls
within yards shall not exceed the city height of eight (8) feet. Any fence or wall which
projects into or encloses a required front yard shall not exceed a height of four (4) feet. The
Board of Adjustment, as a Special Exception, may modify these limitations.
(D) Signs which are permitted in residential districts may be located within any yard which is
bounded by a public street.
(E) In the RS Residential Districts, a detached accessory structure may be located in a
required rear yard provided (1) the structure or structures do not cover more than 20 percent
of the area of the minimum required rear yard and, (2) the total gross floor area for any
accessory building or buildings located in the rear yard, required rear yard, and or both, shall
not exceed 750 square feet. (The Board of Adjustment upon application, and after notice
and public hearing, may grant a special exception of E (2) above.)
(F) tubs, Swimming pGollt, hot Tennis courts, patios, satellite dishes, and protective shelters
shall be located in the rear yard and shall have a minimum setback of t8R (I five (5) feet
from any side yard or rear lot lines. The walls of all in-around swimming pool® shall be placed
no closer to the edge of any property line than the required building setbacks of the zoning
district in which the property Is located. A minimum five (5) foot setback shall be maintained
for any pool and no portion of any pool or equipment shall encroach into any easement. All
above-ground pools shall be a minimum of ten (10) feet from any property line and shall not
encroach into any easement. Diving boards, slides, or other appurtenances may not be
placed within any. required setback or within any easement. The Administrator may modify
the provisions of this code in certain circumstances where it may be necessary to ensure the
safety and privacy of adjoining neighbors. However, the Board of Adjustment may, upon
application and after public hearing, permit the aforementioned accessory uses in the front
yard provided; (1) the minimum front yard requirement is adhered to, and (2) a minimum
setback of ten feet from any side lot line is met.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on August 13,
2012.
PROPOSED ACTION:
Staff will recommend approval of the proposed zoning code amendment and will prepare an
ordinance for Council consideration
eD, p
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roger Stevens
Public Works Director
Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Right-of-Way 86th & Memorial
DATE: August 10, 2012
BACKGROUND:
In the summer of 2010, the City of Owasso began the process of acquiring private property
along 86th St N between Main St. & Memorial Road in Owasso, OK as public right-of-way (ROW)
in accordance with the 86th Street North, Main to Memorial roadway widening project. In the
early stages of acquisition, the acquisition agency retained by the City, Terra Acquisitions, was
provided a set of plans with existing ROW as well as needed ROW for the project. The western
most property on the south side of 86th Street is currently owned by three siblings of the DeBoer
family. It originally appeared that the DeBoer family dedicated the necessary ROW in 1983. The
referenced ROW was comprised of 50' along Memorial Road and 60' along 86th Street North
(See attachment A).
After construction on the widening project commenced, the three siblings who currently own
the property, Dale DeBoer, Lee DeBoer and Shirley Hess, stated that they were only aware of 50'
of ROW along 86th Street North. City staff obtained the documentation dated 1983 wherein their
father Robert DeBoer conveyed the property to the three heirs less & except 60' & 50' of right-of-
way in question. Upon examination of the quit claim deed dated 1983, staff discovered that the
father deeded the land to the children, less & except the aforementioned ROW. However,
there was no evidence of a conveyance document from Robert DeBoer to Tulsa County or the
City of Owasso conveying said ROW. This discovery indicated that at the time Mr. DeBoer
passed away the land had not been deeded to his children, Tulsa County, or Owasso. Therefore,
the land was divided among his children as a part of his estate.
At this point in the process, the City of Owasso obtained a new title opinion to verify these
findings. Upon confirmation that the ROW was never obtained, city staff approached the heirs
with the quit claim deed and asked if the heirs would honor the wishes of their father. The heirs
declined to do so and asked for approximately $500,000 for the purchase of the ROW in
question. City staff hired a licensed appraiser who determined the value of the ROW to be
approximately $56,775. On July 27, 2012, Rodney Ray and John Feary met with Dale & Lee
DeBoer at Shirley Hess's residence with an offer letter of $113,550, an amount equivalent to twice
the fair market value. Mr. Ray additionally presented a right of entry/right to construct document
for signature by the three land owners. This document would allow the construction to proceed
while acknowledging that negotiations for purchase of the ROW would continue. Both offers
were rejected by the owners the following week.
RECOMMENDATION:
Acquisition of the ROW from the DeBoer property is critical to the 86th Street widening project.
Given that all avenues to either purchase or otherwise gain lawful access to the property have
been exhausted, staff will recommend that the City Council approval a resolution to authorize
proceeding with a condemnation action to obtain the required ROW and the temporary
construction easement needed for the 86th Street widening project. A copy of the necessary
resolution is attached for review as Attachment B.
ATTACHMENTS:
A. 1983 ROW Dedication Deed
B. Resolution 2012-08
Fnaat 3-orkhart Printiat k- Staty,lery Co., T.rlq Okla. (Ar Fii~' r OnlrJ
Qa. 8,)'A 10 4 b 173025 STATE OF ULIUH MA
NTA-
`t "Ma, OK ~ytp( FILED 0.!:?
R~ p
e ox4706 WE 7316 (Putt-Tham flub 1963 JUL I IPA . 0
ANA 81TT
THIS DYDENTUR'i, made th 4W of aurae A D.,19_U , COUNTY CLERK
iss
between Robert DeBoer and Marguerite Elizabeth DeBoer
_ !rs
husband and wife
of Tulsa County, State of OYlahonW party of the first paat,
tad Dale Wayne DeBoer, Richard Lee DeBoer, ind Shirley Ann Hess
h Dd ty oe the :_4Wxd part.
WITNPM$TH, fiat aaW party of-the Ant
in cood' lder4tigp of this= of
jw~
---Ted Dollars ($l0.00')--1T !
----4i
DOLLARS
DOLLARS
to tTex_du Old, tbq receipt Wheraof Is'-hereby a owledg4 de:- ble,,reby quit-,cl i gnat,
bstgn,ell and ceh1lg unto thZid party of'theOnd pit, apd to their h~
forever, Yll of thgir rroht, title, intgaat;pd itift botht saw and in ednit9, . to;1rIoIlgaG
ing dW=W rell!(ityt Rit6*d in ft County
MO Of OkjA)L0M* tort: ~ : '•,~r 'cu r
el
It is the intention of the grantors to her !!ix convey and release
1 their life estates created by General Warrahty Deed, dated
r 12/16/71, filed 12/17/76, recorded in Book-4243, Pag% 1408, Rnd
General Warranty Deed, dated 11/3/91, filed 11/3/81, recorded in
Book 4578, Page 752, as to the abovg allgribed Property only
t:
CONSIDERATION.LESS THAN $100.00 ~t
r 77~
To er with all acid rain Qular the h&*94tLents. and aBpurtansuees theromtc,, ];&s.
TO HAVE AND TO HOLD t1E Dove grouted prembe unto the 41d pshy df the second =L _2
heirs and aesigna=forsvsr.
In Wnepi Whereof, The laid party of the fn* p11*t have iiuv ato get their ~ hinds
the day end year above written. xQl
Robb rt DeBo r
s Marg ite Eli th DbBOer-
iss'
rr
F a ' L (OMhWm Fdlk' of Lat,Feo*6Wj#*)
1 ¢ J ii,.,F~ •,~Tulsa Jf ,t
a Now? Pniaiia, in arA far aid Olkag ald State, an th11M~ (a d~.
iq 83, garanaaHr,aliar~ Robert DeBoer }
r r h d d wife. Q]
l 'g G~ia ~ ,+owA. I safM i r*n S SVho epmfti the Viidda and A"nS kw=eat, qA arkpwladjod eon ths,C
% tee the men their g a.. a V..; aVt.W4 d.# f. ~ .%4 P~ is get jVsh. S
I .,.1,WE= Shand and W q~f'ice the day and pwr abk& iiiittea.
y ?lafa cP"" a► Nq" Pgi,lic
vi+
r
9:
.A:
m
A tract ofal'nd.ia the Northweat Querter (Nq/4) of
Othe Northwest;,,Quarter (Ny7/4) and the West Half (W/2)
of the Earslftai'f (E/2) of the Northwest Quarter
Y(NN/4) Qf Section Twenty-fide (25), Township Twenty-
V
one ( P'North, Rehg& Thirteen (13) Ealst, Tulsa County,
_OkI'Ah a, being moXV particularly described as follows:
Beginning at~zthg Northwest Corner of said Section
Twgnt*rfive (25); thence due IMst along the section
line a distanoe of- 1320.00 Feet; thence South 00 9' i0"
East a distance of:660.00 Feat; thence due West-a dis-
tance of 320.00 Feet; thence South 00 9' 40" Ex,'pt7&A
diktanc* of 215.00 Feet; thincb due Wert a distance of
1000.00 Feet to a point on the West Section Line of
said Section Twenty-five (25); thence !forth 00 9' 40"
West a distknce,of j75.00 Fgot to the point and plici
of beginning; leg's and except the West 50 Feet of the
above-da mribed tract, being the Right-of-Way line of
North Memorial Drive; end less and except the North
60 Feet of the above-described tract being the Right-
of-Way line for 86th Street North; said above-described
ctn. c ss.
UNOT17:U71
The West Half (W/2) of the East Half:(E/2) of the North-
west Quarter (NCR14) of Section Twenty-five (25), Town- '
ship Twenty-one (21) Aorth, Range Thirteen~;(13) East, LESS
',NA EXCEPT the Borth 660 Feet thereof and LESS AND EXCEPT
the following described property, to-wit: Beginning
30 Feet E'fi5t of' tlfie Southwest Corner of the Northwest
Quarter (NW/4) of the Northeast Quarter (NE/4) of the
Northwest Quarter (NW/4); thence due Wemt=e distance of
30 FeSt to the Mid SouthWl+st Corner of the NorthwNit
Quarter (NW14) of the.Northeast Quarter (NE/4) of the
Northwest Quarter (NW/4); thence South 00 9' 40" East
A distance,of 350 rMt; thence due East & distance of
30 Feet; thence North 0° 9' 40" test a distance of 350
Feet to the point aria place of beginning. Z~I
?G
33 ~F
rati
x
VAS
1
~F
ra
Yk ~
~i '.Ri 5L•
s :3 a
a
3
rg ~ a
XR V Fr
k
EXHIBIT "A"
7
CITY ASS , OKLAHOMA
SOLUTION No. 2012-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND
PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT
RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT.
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to obtain permanent right-of-way and a temporary construction easement,
the legal descriptions of same attached hereto and marked Exhibit "A," deemed necessary
for the 86`s Street North, Main to Memorial, widening project from the respective
landowners, to-wit:
Lee DeBoer
Dale DeBoer
Shirley Hess
WHEREAS: In connection with such efforts to obtain the needed permanent right-of,,
way and a temporary construction easement consensually, the City of Owasso, by and
through officers and agent thereof, has made bona fide good faith offers to purchase
same; and,
WHEREAS: The above-referred landowners have not accepted such offers and by
reason thereof, condemnation proceedings, as provided for under the Constitution and
Statutes of the State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of
Owasso, Oklahoma, are hereby authorized to initiate and prosecute to the conclusion
thereof condemnation proceedings against any or all of the above-named landowners to
obtain the necessary permanent right-of-way and a temporary construction easement as
set forth in Exhibit "A" hereto, as well as any additional relief to which the City of
Owasso, Oklahoma, may, by law, be entitled to.
APPROVED AND ADOPTED this day of August, 2012, by the City Council of the
City of Owasso, Oklahoma.
Doug Bonebrake, Mayor
Attest:
Sherry Bishop, City Clerk
A
Approved As To Form:
Julie Trout Lombardi, City Attorney
.ti
Pheity DVV4RMt Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Utility Billing Water Rate Changes for FY 2013
DATE: August 8, 2012 1 x
BACKGROUND:
The City of Tulsa gave notice that the rate they charge the OPWA for water will increase by 7%
or $0.18 per thousand gallons effective October 1, 2012. The City Manager proposed a rate
increase in his FY 2012-2013 budget in anticipation of the increase by the City of Tulsa, as well as
other cost increases. The OPWA adopted the City Manager's proposed budget for FY 2013 to
include additional revenues of $425,000 based on rate increases for the water, wastewater, and
refuse services. The following rate changes were included in the OPWA budget:
• Water
Rate increase of $0.28 per 1000 gallons usage (includes $0.18 City of Tulsa rate
increase);
o Revenue increase of $150,000;
• Wastewater
,10 Rate increase of $0.40 per 1000 gallons usage;
9 Revenue increase of $250,000; ,
• Refuse
Rate increase of $0.25 per cart per month;
Revenue increase of $25,040.
During budget discussions, the City Council indicated an interest in alternative water rate
structures that could reduce the impact of rate increases on low-income and senior customers
whose water usage is very low.
Water Rates
Currently all customers within the city (single-family residential, multi-family residential,
commercial, and industrial) are billed at the some base rate and usage rate (the rates for
customers outside the city are 20% more than within the city). An alternative rate structure
would provide various "base" rates depending on water meter size and a tier of usage rates
depending on volume of water used.
A tiered usage rate structure establishes usage ranges with increasing rates for higher volume
water usage. The tiered rate provides different usage rates for low, medium and high usage
customers with as many tiers as desired.
Water Usage Tiers
Winter and summer water usage was reviewed for typical usage patterns. Summer usage varies
drastically with the temperature and rainfall. The February 2012 billing was close to the average
for December through April water usage, so that data was used to analyze OPWA water
customer usage patterns.
In a tiered rate structure, a high-volume water customer is charged the same rate as a low-
volume customer for the first and second thousand gallons of water used. For example, the
high-volume customer is not billed the highest rate for each of 50 thousand gallons of water
used, but the rate applicable to each tier of usage and the highest rate for all usage above the
top usage tier.
N ANALYSIS:
h
Based on these usage patterns, with an effort to balance the interests of all customers and
minimize the impact of rate increases to the low usage customers, the following usage tiers are
recommended.
February 2012 t
July 20
12 Data
Rate
% of
% of total
% of
% of total
e
increase
customers
usage
customers
usage
Usage Rate Tiers
thousand
not
included in
not
included in
exceeding
this rate tier
exceeding
this rate tier
usage
this usage
this usage
se (314" Meter)
$0.09
16%
14%
12%
7%
2,000
$0.18
13%
13%
7%
7%
3,000 - 5,000
$0.23
40%
26%
22%
16%
6,000 -10,000
$0.28
23%
14%
24%
18%
11,000 - 20,000
$0.32
5%
7%
19%
18%
21,000 or more
$0.37
3%
26%
16%
34%
The original water rate increase proposal was for a $0.28 per thousand increase for all water
usage. This tiered rate proposal would increase rates by $0.28 only on usage of more than 6
thousand gallons per month. The base rate for usage of 1000 gallons or less would increase by
only $0.09, passing on only half of the Tulsa rate increase.
The revenue increase for this tiered rate structure would be approximately $1,700 less per month
than a $0.28 increase for all usage based on winter consumption patterns and approximately
$1,100 per month more based on high summer consumption patterns.
Proposed usage tiers and rate changes:
Usage Rate Tiers
Current Usage Rate
Proposed Increase
Proposed Usage Rate
Base (314" Meter)
$4.44
$0.09
$4.53
2,000
$4.44
$0.18
$4.62
3,000 - 5,
$4.44
$0.23
$4.67
6,000 - 10,000
$4.44
$0.28
$4.72
11,000 - 20,000
$4.44
$0.32
$4.76
21,000 or more
$4.44
$0.37
$4.81
L
Base (Meter) Charge
Customer account data includes meter sizes, but that data is not presently used for billings
purposes. So these should be considered estimated meter counts. The chart below lists the
approximate replacement cost (including labor) for each meter size and the monthly cost if that
cost was amortized over the 10-year life of the meter.
Meter Size
Estimated
Replacement
Monthly
Current Base
Quantity
Cost of Meter /
Amortized Cost
Meter Charge
Labor
10 ears
3/41"
8,630
260
2.17
11.01
1 "
158
365
3.04
11.01
1 '/2
96
570
4.75
11.01
2"
193
725
6.04
11.01
3"
23
2,425
20.21
11.01
4"
8
$3,115
25.96
11.01
6"
2
4,955
41.29
$11.01
METER RECOMMENDED BASE C :
Below are the proposed changes for the monthly base charge for each meter size with an
estimated increase in monthly revenue. As previously noted in the proposed tier rates, the rate
increase for the residential size (3/d'") meter is $0.09 (only 50% of the City of Tulsa increase to
Owasso). The large meter rate changes would bring those rates within a range more
appropriate with their cost of service.
Y
Meter Size
Estimated
Current Base
Proposed
Proposed
Estimated Monthly
Quantity
Meter Charge
Increase
Base Meter
Revenue Increase
Charge
3/4"
8,630
11.01
0.09
11.10
776.70
111
158
11.01
0.99
12.Q0
156.42
1 '/2 "
96
11.01
2.99
$14.00
287.04
2"
193
11.01
3.99
15.00
770.07
3"
23
11.01
18.99
30.00
436.77
4"
8
11.01
23.99
35.00
191.92
6"
2
$11.01
38.99
50.00
77.98
DISCUSSION:
These rate changes with the proposed usage tiers and proposed base meter charges will be
listed on the agenda for discussion at the work session meeting on August 14, 2012. Utility rates
are approved by both OPA Resolution and by City Council ordinance. In order for rates to be
effective when Tulsa rates increase October 1, action will be listed on the regular meeting
agenda for August 21, 2012.
ffiff h'City a ut Limits.
TO: The Honorable Mayor and City Counc
City of Owasso
FROM: Larry White
Support Services Director
SUBJECT: Audio/Visual Report
Recording of City Council Meetings
DATE: August 10, 2012
BACKGROUND:
At the July 10, 2012 City Council work session, Councilor Charlie Brown requested a study of the
cost and process to record City Council meetings. Since that time, staff has worked to compile
a report of all necessary data for discussion at the August 14, 2012 City Council work session.
AUDIO RECORDING:
The objective of this project is to make audio recordings of City Council meetings easily
accessible to the public. The challenge of this project is recording, storage, and retrieval
management of audio recordings and related documents.
The current sound system owned by the City of Owasso needs enhancements to convert analog
audio recordings to a digital format. This would allow streaming of data as well as archive and
data management. The City would need to purchase a digital recorder, auto gain
microphones, data capture software, and additional microphones to accommodate any
recording environment. This would require a one-time upfront cost of approximately $9,000. This
equipment would be compatible for additional recording enhancements in the future.
In order to provide a reference tool to the public for data retrieval, the agenda and related
attachments from each audio recording will need to be imported into a data system. While
audio recordings do not provide the option for searching on specific topics, some data systems
allow search capabilities based on Agenda topics or specific words which are entered into the
system. Staff feels the best way to manage the recordings and documents is by utilizing a
professional service. There are several providers of this type of service. The cost of these services
ranges from approximately $200 per month to $500 per month depending on the types of
services and options elected.
The professional services and related data systems are generally managed as follows:
• Capture the public record with audio recording and synchronized documents using one
software application
• Manage records with intuitive editing and publishing tools
Import or upload an existing agenda or create a new agenda
o Add notes, enter or highlight keywords, time stamp the data, and edit the
agenda during the meeting
o Turn on live streaming
o Synchronize agenda items and notes with the audio recording
o Attach minutes and other associated documents
o Track roll calls, motions, and votes of each Council member
• Share the public record using powerful searching, browsing, Live and On-Demand
Streaming services, downloads or physical media
o Publish content to our website for public access
o Provide live streaming services
o Search limited text (including keywords) to hear the associated audio recording
o Store and manage online content easily and securely
Benefits of the professional service include:
VIDEO RECORDING:
In order to provide video recording capabilities for public viewing, video equipment (including a
camera) would need to be purchased. This equipment is estimated to cost $13,000.
Professional services for this added communication feature would increase the monthly cost by
around $1,000 per month. This means the total cost for audio and video professional services
would range from $1,200 per month to $1,500 per month.
PROPOSED ACTION:
This item is fobdiscussion purposes only at this time. Further action will be at the discretion of the
City Council.
11
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Chelsea M.E. Harkins
Economic Development Director
SUBJECT: Contract Agreement for Economic Development Consulting Services
DATE: August 10, 2012
BACKGROUND:
Retail development has made Owasso a destination community over the last ten years. Owasso
has become a collection point for consumers over a 4,300 square mile area. This consumer draw
from a strategically aligned highway system is familiarly known as "the funnel" and creates a
customer base of over 410,000 for businesses and retailers. Owasso's retail growth has allowed
the city to top the state charts in sales tax per capita.
In the last few years, Owasso's primary economic development focus has turned to creating
primary, quality jobs. Job growth offering high salaries and benefits will help sustain the retail
development, diversify the housing market, and increase quality of life. While remaining
steadfast in that pursuit, it is recognized that opportunities still exist in retail areas which need to
be addressed.
Such an opportunity has surfaced and staff believes a timely response is necessary. A
substantial retail prospect with a large customer draw has approached the city through a
consultant. The prospect has clearly indicated they will not advance in their consideration of
Owasso as the location of their development unless the city is under contract with Retail
Attractions.
RETAIL ATTRACTIONS:
Retail Attractions is an economic development firm that specializes in retail development.
Rickey Hayes, CEO, is intimately familiar with the dynamics of development. Retail Attractions
brings experience, network of contacts, and a concentrated approach on behalf of the client.
Staff has negotiated a one-year contract with Retail Attractions in the amount of $48,000. This
investment would bridge the opportunity for this major retail offering, furthering Owasso as a
shopping destination community.
Discussions the City Manager has conducted with a principle of the prospective retail company
has made it clear that based on the prospect's past experiences, the company would further
their discussions only if the City of Owasso was represented by Retail Attractions.
There is no guarantee the aforementioned prospect will locate/develop in Owasso. However, in
order to comply with the prospect's request to work only through Retail Attractions, staff believes
it is necessary to pursue a contract with Mr. Hayes and Retail Attractions.
The staff views this contract as a calculated investment that could produce an excellent return
for the citizens of Owasso in terms of both sales tax and additional shopping opportunities.
Additionally, a development of this nature would significantly expand the already large amount
of out-of-town shoppers creating an even larger ratio of sales tax revenue-to-population.
CONFIDENTIALITY AGREEMENT:
Making these kinds of decisions are difficult to do without knowing who the prospect is;
therefore, a confidentiality agreement has been enclosed for your review and, if so desired, your
signature. This enables the Economic Development Director to have individual discussions with
members of the Authority regarding the disclosure of the prospect and status of the project.
CONTRACT AGREEMENT:
FUNDING:
Funding has been appropriated in the FY 2012-2013 budget (in the Economic Development
portion of the Hotel Tax Fund).
PROPOSED ACTION:
The proposed Contract Agreement exceeds the City Manager's spending authority and would
require City Council approval. Staff intends to recommend Council approval to enter into a
one-year contract with Retail Attractions in an effort to secure a major retail prospect.
ATTACHMENTS:
A. Proposed Contract
YS
CONTRACT AGREEMENT
FOR
ECONOMIC DEVELOPMENT CONSULTING SERVICES
STATE OF OKLAHOMA §
TULSA COUNTY §
PART I. PARTIES
THIS AGREEMENT is made on the day of , in the year 2012,
between the CITY OF OWASSO, hereinafter called the CITY;-. and RETAIL
ATTRACTIONS, LLC, hereinafter called the CONSULTANT for consulting services in
an effort to attract "high-end destination retailers and restaurants" and other sales tax
producing commercial entities to the CITY, subject to the terms and conditions specified
in this Agreement.
PART II. TERM OF AGREEMENT
CITY intends to contract CONSULTANT for professional economic development
consulting services for a TWELVE (12) month period commencing on the first (1St) day
following the date this Agreement is executed. This Agreement may be renewed for an
additional twelve (12) month period upon the fees, terms and conditions agreed to in
writing by both parties. However, CITY or CONSULTANT may terminate this
Agreement as described in Part VII, Paragraph 1.
PART III. SCOPE OF SERVICES
CONSULTANT shall provide the following Services:
1. Research, identify, and validate Owasso, Oklahoma retail trade area market and
retail potential. This information will be presented in a bound report providing trade
area information, opportunity gap (retail leakage) data, and a synopsis of market
dynamics.
2. Prepare a focused marketing piece for our use to highlight the key demographics
and attributes of the Owasso trade area. This marketing material will include a map
of the Owasso trade area and will be used to introduce (and re-introduce) Owasso to
our extensive network of developers and retailers.
3. Will use CONSULTANT's broad-based experience and knowledge of incentives and
their practical application to craft incentives that make sense for CITY, meet
developer's needs and truly encourage new business development. Consultant will
work with CITY staff to develop prospect proposals that are advantageous for both
parties.
1
4. Will consult with CITY staff and/or designated official(s) to identify target retailers
that will meet the long term peeds of the CITY and response to the retail leakage
identified. The initial strategy is to target "destination" retail entities that will draw
consumers from the entire trade area.
5. Will actively recruit target retailers identified and approved by CITY and supported
by data. Recruitment efforts will be through personal contact, mail, email,
International Council of Shopping Centers ("ICSC") events, and
development/industry contacts continually throughout the term of this contract.
6. When timing indicates an agreement with a target retailer is imminent, or when
target retailers response indicates the need, consultant will transport key personnel
to Owasso for meetings with CITY staff which CONSULTANT will be available to
mediate.
F 7. Will provide information to extensive network of developers to create interest in the
Owasso retail market, define development opportunities and coordinate/attend
meetings with city and developers.
8. Will provide regular updates to designated contact.
9. Will develop specialized marketing materials, web updates or retail specific web
sites4n a timely manner at agreed upon cost for each request outside the scope of
services for this contract.
Amendments to the above Scope of Services may be made as necessary, provided that
such Amendments are agreed to in writing by both parties.
PART IV. CONSULTANT'S FEES
CITY shall pay CONSULTANT for the Scope of Services described in Part III as follows:
1. Commencing on the first (1st) day of the month following the date the Agreement
is executed through the twelfth (12th) month, CITY shall pay CONSULTANT, no
later than the tenth (10th) day of each month, FOUR THOUSAND DOLLARS and
00/THS ($4,000.00).
2. CITY will reimburse CONSULTANT for the expenses of any required travel
outside the normal scope of work. Before each trip departure, CONSULTANT
shall present to CITY for its approval a written summary of the purpose and goals
2
for the trip, together with an itemized expense spreadsheet. In no event shall
consultant's expenses exceed the IRS daily per diem reimbursement.
PART V. CITY'S RESPONSIBILITIES
CITY shall:
1. Assist CONSULTANT by placing at his disposal all available pertinent
information, including previous reports and any other data, relative to
CONSULTANT's Scope of Services.
2. Furnish to CONSULTANT, as required for performance of CONSULTANT'S
Scope of Services (except to the extent provided otherwise in such Amendments
as may hereafter be added to this Agreement), data prepared by CITY or
obtained by CITY through prior marketing agreements.
3. CITY represents that CONSULTANT shall be entitled to rely on the accuracy and
completeness of any documents or other materials provided by CITY to
CONSULTANT; and that CONSULTANT's use of such documents and materials
will not infringe upon any third parties' rights.
4. Arrange for access to and make all provisions for CONSULTANT to enter upon
public and private property as required for CONSULTANT to perform his
services.
5. Designate one or more representatives authorized to act in the CITY'S behalf with
respect to the Agreement. CITY or such authorized representative(s) shall examine
the documents submitted by the CONSULTANT and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the progress of the
CONSULTANT'S Services except for those decisions or actions that must go
before the Owasso City Council for approval.
k
PART VI. NOTICES
Reports and notices shall be made by CONSULTANT to CITY'S representative:
Ms. Chelsea M.E. Harkins
Economic Development Director
City of Owasso, Oklahoma
111 North Main
Owasso, Ok 74055 =
with Legal Notices to:
Ibis. Julie Lombardi
City Attorney
City of Owasso, Oklahoma
111 North Main
Owasso, Ok 74055
Reports and notices shall be made by CITY to CONSULTANT'S representative:
Mr. Rickey Hayes x
CEO
Retail Attractions, LLC
12150 East 96th Street, Suite 202
Owasso, OK 74055
PART VII. MISCELLANEOUS PROVISIONS
1. Termination and Suspension. This Agreement may be terminated by either party
for convenience or for cause, however, the terminating party must provide the
other party no less than sixty (60) days prior, written notification of intent to
terminate the Agreement.
CITY shall pay CONSULTANT for all the Services performed up to the date of
termination.
The provisions of this Article shall also apply to each individual Amendment,
separate and apart from any other Amendments, and without terminating or
■ otherwise affecting this Agreement as a whole.
2. Ownership of Documents. Original documents developed in connection with
services performed hereunder belong to, and remain the property of CITY.
CONSULTANT shall store the originals and may retain reproducible copies of such
documents.
4
All documents, including computer software prepared by CONSULTANT
pursuant to this Agreement are instruments of service. They are not intended or
represented to be suitable for reuse by CITY or others on modifications or
extensions of the Project or on any other project. Any reuse without prior written
verification or adaptation by CONSULTANT for the specific purpose intended will
be at CITY's sole risk and without liability or legal exposure to CONSULTANT.
CITY shall hold harmless CONSULTANT and its sub-consultants, if any, against
all judgments, losses, damages, injuries, and expenses, including reasonable
attorneys' fees, arising out of or resulting from such reuse.
3. Successors and Assigns
CITY and CONSULTANT each binds himself and his partners, successors,
executors, administrators, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, executors, administrators,
assigns and legal representatives of such other party in respect to all covenants,
agreements, and obligations of this Agreement.
Neither CITY nor CONSULTANT shall assign, sublet or transfer any rights under
or interest in (including, but without limitation, moneys that may become due or
moneys that are due) this Agreement without the written consent of the other,
except to the extent that the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall
prevent CONSULTANT from employing such independent consultants,
associates and sub-contractors as he may deem appropriate to assist him in the
performance of services hereunder.
4. Relation of Parties. The parties to this Agreement shall not constitute nor create
an employer/employee relationship. CONSULTANT is an independent
contractor responsible for all obligations relating to federal income tax, self-
employment Medicare and FICA taxes and contributions and all other employer
taxes and contributions.
5. Controlling Law. This agreement is to be governed by the Laws of the State of
Oklahoma. Venue shall be in Tulsa County, Oklahoma.
6. Approval Not Waiver. Approval by CITY shall not constitute nor be deemed a
release of the responsibility and liability of the CONSULTANT, CONSULTANT'S
employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other
documents and work, nor shall that approval be deemed to be an assumption of
that responsibility by the CITY for any defect in the designs, working drawings,
and specifications or other documents prepared by the CONSULTANT,
CONSULTANT'S employees, subcontractors, agents and consultants.
5
7. Compliance with Applicable Law. CONSULTANT, CONSULTANT'S consultants,
agents, employees, and subcontractors shall comply with all applicable federal
and state laws, the charter and ordinances of the City of Owasso, and with all
applicable rules and regulations promulgated by all local, state and national
boards, bureaus, and agencies. CONSULTANT shall further obtain all permits
and licenses required in the preparatign of the work contracted for in any
Amendments to this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
CITY:
CITY OF OWASSO, OKLAHOMA
By.
Rodney Ray, City Manager
ATTEST:
CONSULTANT
RETAIL ATTRACTIONS, LLC
By.
Rickey Hayes, CEO
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney