HomeMy WebLinkAbout2012.09.11_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE
OWASSO CITY COUNCIL, OPWA, AND OPGARF
TYPE OF MEETING: Special s�, z
DATE: September 11, 2012 Cf� P0?
TIME: 6:00 p.m. C, 10j?
PLACE: Old Central Building S
109 N. Birch �'�.
Notice and agenda filed in the office of the City Clerk and posted on the City Ha bulletin board
at 6:00 PM on Friday, September 7, 2012.
Sherry Bisho ity Clerk
AGENDA
Call to Order
Mayor Doug Bonebrake
2. Discussion Relating to Administrative Items
Ms. Bishop
Attachment #2
A. Carryover Budgets and Projects
B. Youth Services Contract Renewal
3. Discussion Relating to Operational Items
Mr. Lehr
Attachment #3
A. 9inety8ight Apartments, Final Plat
B. Pelivan Contract Renewal
4. Discussion Relating to City Manager Items
Mr. Ray
Attachment #4
A. PUD Text Amendment
B. Ward Boundary Maps
C. Vision 2 Propositions
D. First Bank Building
E. City Manager Report
Sewer Usage Data requested by Councilor Brown
Sales Tax Report
5. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing confidential communications between the City of Owasso and its
attorney, relating to litigation styled Elliot Earl Williams vs. City of Owasso, et al; such
executive session provided for in O.S. 25, Section 307(B)(4)
Attachment # 5
Report from City Councilors
7. Adjournment
wA
-- The City Wit nut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Supplemental Appropriation
Carryover Projects
DATE: September 6, 2012
BACKGROUND:
Every year at the June 30 fiscal year end, there are open purchase orders for projects, contracts
and purchases in progress. The appropriation for these items was included in the FY 2012 budget.
The actual expenditure for all or part of these open items will be during FY 2013. Budgetary
encumbrances from the previous fiscal year may be held open or they may be re- appropriated
in the new fiscal year. The smoothest transition from one fiscal year to the next is to re- authorize
the open items in the new fiscal year (FY 2013).
The skate park project budgeted in FY 2012 in the CDBG fund, the park development fund and
the general fund is an example of a project that was in progress at the fiscal year end. Staff is still
reviewing the fiscal year end for items that should be re- appropriated from FY 2012 to FY 2013.
When that review is complete, staff will recommend a budget amendment to re- appropriate
funding from fiscal 2012 to fiscal 2013.
OCi ty Wiut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Proposed Renewal of Contract with Youth Services of Tulsa, Inc. for Management
and Operation of the Owasso Youth Court
DATE: September 7, 2012
BACKGROUND:
The City of Owasso began contracting with Youth Services, Inc. in 2008 for implementation and
operation of the Owasso Youth Court and the City Council has approved annual renewals of
the contract since that time. The current contract will terminate on September 30, 2012. The
contract provides that Youth Services will employ its specialized knowledge, skill and experience
with trained personnel to administer and oversee a youth court in Owasso. Fulfillment of this goal
requires recruitment and training by Youth Services of both attorney advisors and teen
volunteers within the Owasso community. In addition, Youth Services employs a full -time
coordinator based in Owasso to manage the Youth Court and provides counseling services as
needed and used by both the Municipal and Youth Courts. Youth Services assumes all
responsibility for the Youth Court's scheduling, documentation and administrative operations
and is required to work closely with the City's Municipal Court and related staff to effectuate
these duties.
From July 1, 2011, through June 30, 2012, over one hundred youth had their offenses adjudicated
in the Owasso Youth Court and numerous referrals were made by the Municipal Court for
counseling services. All but nine of those youth successfully completed their probation and
sentencing recommendations. As in past years, numerous parents and teachers within the
community have voiced their approval and appreciation for the program.
The Youth Court currently has seven attorney advisors and approximately fifty youth volunteers.
The Municipal Court continues to increase the number of referrals, as appropriate, to the Youth
Court. All aspects of the Youth Court, including prosecution, defense and sentencing of the
youth offenders, continue to be conducted solely by teen volunteers from Owasso who receive
numerous hours of instruction and training prior to participation in court proceedings.
Compensation for Youth Services in the proposed contract is $45,000 for 2012 -2013 payable in
twelve equal monthly payments. The amount of compensation has not increased and is the
some as the previous year. In fact, this compensation has not increased since the original
contract was approved by the City Council in 2008. If renewed, the new contract will become
effective on October 1, 2012, and will terminate on September 30, 2013. This item was included
in the approved Fiscal Year 2013 budget. Based upon the Owasso Youth Court program's
success and achievements during its first three years of operation, staff will recommend renewal
of the contract for an additional year.
PROPOSED ACTION:
Approval of a contract between the City of Owasso and Youth Services of Tulsa to manage and
operate the Owasso Youth Court.
RECOMMENDATION:
Staff will recommend City Council approval of the Youth Court contract with Youth Services,
Inc., for 2012 -2013 and will further recommend authorization of the City Manager to execute the
contract and any other necessary documents.
ATTACHMENT:
Proposed contract with Youth Services, Inc. for 2012 -2013.
2
AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH
SERVICES OF TULSA, INC. FOR THE DEVELOPMENT AND
MANAGEMENT OF THE OWASSO YOUTH COURT
The City of Owasso, Oklahoma (hereinafter referred to as "City ") and Youth Services of Tulsa,
Inc. (hereinafter referred to as "Youth Services ") agree as follows:
The City has determined there is a need to provide an alternative to prosecution for first time,
non - violent and non - felony juvenile offenders who have committed offenses which would
normally be heard in the City of Owasso's Municipal Court. The City further finds that Youth
Services has significant experience implementing and facilitating alternative venues known as
Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable
people having many years experience in this field who are able to operate a Youth Court. Based
upon the need faced by the City of Owasso to provide prosecution alternatives to traditional
sentencing of juveniles in the municipal court setting, and upon the expertise and ability of
Youth Services to establish and operate youth courts, the City and Youth Services hereby agree
to mutually execute a contract to continue funding and operation of a juvenile court program.
The Owasso Youth Court will be conducted by youth peers who have successfully completed the
mandatory training program conducted by Youth Services. All aspects of the Owasso Youth
Court shall be conducted by volunteer youth including prosecution, defense and sentencing.
The terms of this Agreement shall be effective on October 1, 2012, and shall expire on
September 30, 2013. This Agreement shall not renew automatically and will terminate on
September 30, 2013, unless an extension of this Agreement, in writing, is executed by The City
of Owasso and Youth Services of Tulsa, Inc. prior to the termination of the Agreement.
The City shall pay Youth Services forty -five thousand dollars ($45,000) as total compensation
for operation of a Youth Court for one (1) year, including the employment of a full -time
coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The
total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly
payments.
Youth Services shall employ personnel with the necessary degree of knowledge, experience,
training and credentials to facilitate and operate the Youth Court, and shall at all times during the
pendency of this Agreement employ at least one (1) person to serve as a full -time coordinator to
supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City
and Youth Services. As partial compensation for this Agreement, the City shall provide two (2)
office spaces in the Old Central Building for the full -time coordinator of the Owasso Youth
Court and a counselor.
Youth Services shall fully train all youth peers who make application and are selected by Youth
Services to participate as youth volunteers in the Youth Court program. Youth Services will
work with the Owasso schools to recruit youth desiring to serve in the program and will be
responsible for providing the required training before youth volunteers may serve in any official
capacity within the program. Youth Services will also work with the City to obtain a list of
attorneys who might be willing to serve as attorney advisors to the Youth Court program, and
1
shall take all other actions necessary to ensure that each Youth Court session shall have an
attorney advisor present.
Youth Services shall be an independent contractor under this Agreement. This Agreement shall
not be construed to create the relationship of agent, servant, employee, partnership, joint venture
or association between the City and Youth Services or its officers, employees, contractors or
representatives for any purpose. Youth Services shall bear the sole responsibility and liability
for furnishing Workers' Compensation benefits to any employee (other than staff members of the
City of Owasso) or other person for injuries from or connected with services performed pursuant
to this Agreement.
As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the
City's option), and hold harmless the City, its employees, officials, agents, representatives and
volunteers from and against any and all liabilities, damages, injuries (excluding death), property
damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or
proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out
of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth
Services, its employees, agents, officers, contractors, or their performance or failure to perform
under the terms and conditions of this Agreement. Such indemnification, hold harmless and
defense obligation shall exclude only such liability actions as arise directly out of the sole
negligence or willful misconduct of the City and in accordance with the terms, conditions and
exceptions contained in the Governmental Tort Claims Act. The indemnification and defense
obligations set forth herein shall survive the termination of this Agreement
Without limiting the City's right to indemnification, Youth Services and each of its contractors
shall obtain no less than, or on terms more restrictive than, the following: General Liability
Insurance covering all premises and activities, with an applicable limit of liability not less that
One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual
aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired
and non -owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence; and Worker's Compensation Insurance Coverer in compliance with the Worker's
Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an
Additional Insured on all required insurance policies. Youth Services shall also require its
contractors to list the City as an Additional Insured. Youth Services shall submit certificates of
insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in
any activities under this Agreement. Youth Services and its contractors shall maintain the
required insurance with insurers that carry a Best's "A" rating and which are licensed and
admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain
and maintain any required insurance shall not relieve Youth Services from any liability
hereunder. Such coverage shall not be canceled or materially changed without giving the City at
least thirty (30) days prior written notification thereof.
This Agreement shall be subject to termination if Youth Services fails to keep, perform and
observe all promises, covenants, conditions and agreements set forth in this Agreement. Any
waiver of any breach of any one or more of the covenants, conditions, terms and agreements
herein contained shall not be construed to be a waiver of any subsequent or other breach of the
2
same or of any other covenant, condition, term or agreement herein contained, nor shall failure to
require exact, full, and complete compliance with any of the covenants, conditions, terms or
agreements herein contained be construed as in any manner changing the terms of this
Agreement or stopping the City from enforcing the full provisions thereof.
Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered
by Youth Services.
This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original
jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa
County District Courts of Oklahoma.
This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all proposals, oral or written, and all other communications between the parties with
respect to the subject matter of this Agreement.
This document may be modified only by further written agreement. Any such modification shall
not be effective unless and until executed by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the dates hereinafter set forth.
Executed the day of September, 2012.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the dates hereinafter set forth.
CITY OF OWASSO:
Rodney J. Ray
City Manager
Attest:
Sherry Bishop
City Clerk
YOUTH SERVICES:
James M. Walker
Executive Director
Approved as to Form:
Julie Lombardi
City Attorney and General Counsel
TCity Wi Limits. .
TO: The Honorable Mayor and City Council
FROM: Bronce L. Stephenson, City Planner
SUBJECT: Final Plat - 9inetyEight
DATE: September 7, 2012
BACKGROUND:
The City of Owasso received a final plat of the 9inetyEight development for review and
approval. The subject property is 14.645 acres in size and is comprised of one (1) lot on one (1)
block. The site will be developed as the 9inetyEight Apartments.
This property was annexed into the City of Owasso by Ordinance No. 559 and the property was
rezoned to RM (Multi - Family Residential) by Ordinance No. 1007. A Planned Unit Development
(PUD- 12 -01) was approved for the development of the 9inetyEight apartment complex on the
property.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Office Medium
Medical /Office
Transitional
City of
(OM)
Owasso
South
Commercial
Commercial
Commercial
City of
Sho in CS
Owasso
East
Commercial
Commercial
Commercial
City of
Sho in CS
Owasso
West
Office
Vacant
Commercial
Ewa of
OMedium
ANALYSIS:
The final plat for the 9inetyEight development consists of one (1) lot on one (1) block on
approximately 14.645 acres. The applicant is platting the property for the purposes of
developing an apartment complex. The subject property is located along E 98th St N and E 99th
St N immediately north of the Owasso Market development and to the south of the St. Johns
Owasso medical campus.
The plat identifies two access points, one connecting to E 98th St N and the other to E 100th St N.
All roadways within the development will be private. Perimeter and interior utility easements will
provide utility companies adequate access to provide and maintain service to the proposed
development. 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. The City of Owasso will provide Police, Fire, EMS, and sanitary sewer
service, with water provided by Washington County Rural Water District #3.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the preliminary plat for the 9inetyEight Final Plat at
their regularly scheduled meeting on August 22, 2012. The TAC comments are included for
review.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on September 10,
2012.
RECOMMENDATION:
Staff intends to recommend City Council approval of the final plat for the 9inetyEight development
subject to Planning Commission recommendation.
ATTACHMENTS:
A. Area Map
B. Aerial Map
C. Final Plat 9inetyEight
D. TAC Comments
9inetyEight PUD
1" - 376 ft 05/02/2012
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.
9inetyEight PUD
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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.
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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.
Final Subdivision Plat
BENCHMARKS 7", i
9inetyEight -- ------ - -------
o' C AN ADDITION TO THE CITY OF OWASSO, BEING A SUBDIVISION IN THE SE/4 2 East 100th Street North
- - -S
OF SECTION 1' , T-21-N, R-14-E OF THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA L.N.A.
ADDITION HAS1LOTIN 1 BLOCK AND CONTAINS 14.645 ACRE MORE OR LESS. NOW 40'25'E 80.5 -------------- - ------
12 71 OF sLs W --- --------- -
SURVEYOR- North�,-), --------- - -- �wuzr
—12 ENGINEER.
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�IothRENCHKARKSU EVINGAND KHCURYENGNREER INC.
/i TOP Of 55 MH LAND SERVICES INC P.O. BOX 52231
P.O. BOX 11 TLI,;,Ok1hH,,H. 74152
Owasso, w
Okl.ho- 74055 E)I 712-8768 R 14
(9 18) 27-9081 E -mail: k.ngi,,Okh ... ang-,
E-moil: mf BID ... N-k.k.- CAIR11- of Aul-i-i- ... OIAI E 106TH ST N
C.O, Renewal Data: J... 30, 2013
Renews pole. MD, L,.U.P N. 2235
C.11. JLPK 30. 2013
OWNER/DEVELOPER: �` /> %j ��z / / -y T
S K MULTIFAMILY CONSTRUCTION, LLC.
FINAL PeTAPPR OVhL C.Pi_t: Greg A. Simmons P,; f7� 17
CERTIFIIATION �v 21
1215. E St #200
40-rth 4
I HERESY CERTIFY THAT THIS PLAT WAS A= St He N
ARRIOMED Ol 7 BERICHAWARK 13 C,
0 IOTHEGAMI.... -NDIL (918) 274_0 V , -,, - - ----- 22101� - ---- - ----- ----- - - N
2 1 1 2 . 1" 0 BEARACHA1,0K N88'Q RVE
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THIS APPROVA. Is IF THE AS M GVM
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kI I LEGEND:
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BY SEPARATE ASTRUMENI
O/L BUILDING LINE SUGICI 6 3S
1W+' U/E UTILITY EASEMENT
L.N. . UMITS OF NO ACCESI
LA. LIMITS OF ACCESS
U"F MA/E MUTUAL ALCESS EASEMENT
D/E DRAINAGE EASEMENT
GT/E DETENTION EASSIMENT
AWL/E RESOR117ED WATER LINE EASEMEIT
BASIS OF BEARINGS:
4, BEARINGS SHOWN HEREON ARE
"r (a.) OOC B BASED ON THE OKLAHOMA STATE
PIUMN E COORDINATE EYSTEM.
MONUMENT NOTES:
ALL LOT AND BLOCK CORNERS WILL BE
A, A KED WITH NO. 3 DEFORMED RE-GAR
1 8 INCHES LONG WITH YELLOW PLASTIC CAP
STAMPED UNLESS NOTED
OTHERWISE,
04 1111,21,
- - - - - - - - - 2,- N--82�4LJiE FLOOD PLAIN NOTE:
- - - - - --- - UIL - - - - -
LOOD M2ARD AREA DETERMINED TO BE
- - - - - - - - - - - - - - - - PL.111,, UES IN WNE X (UNSHADED)
- - - - - - - - - - - - - - - - - - - - - F5-47ja' W It -111G,
t OUTS DE THE 0 2X ANNUAL CHANCE
15 A4 S 24`56 51 ' W FLOODPLAIN. PER FEENA F.I.E.M. COMMUNITY
- - - - - - - - - - - - - - - - - - - - - - - - - - - 3-7 51 G. ---K. AS -1 1EMBSED
•-- -- - - - - - - - -- - - - - - - - - - - - - - - - it " AD r A
1090.25'
888- � 33-W DEGIC-4 DEED TO THI 1URLHI
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ATUM
East 98th Street Norh HLIG I A LAA. fti--
W B DO .,A A, PAG L M
650.31' G-H SH LRH 1, Sbd 3, NOrM
N 88-44'32"E MAd,P I C. 11 CAAAA-
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- ----- ------ ------- ----- --- - -------- - - - - - - - - - -
ST,
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ZR
-Pahl of COmmencemanl '1
-1
tyEight, Tulsa County
FinEl'Pla"� September 06, 2012
FI UIAML SHEET I OF 2
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
August 28, 2012
Brian Doyle
OLT
12150 East 96 Street North, #200
Owasso, OK 74055
Project Title: Final Plat - 9inetyEight
Brian:
rte -.
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.cityofowasso.com
This letter is to inform you that the Owasso Technical Advisory Committee (TAC) reviewed the final plat
application at the August 22, 2012 meeting. At that meeting, utility providers, as well as city staff, are
afforded the opportunity to comment on the plan, request any additions and voice any concerns. Please
find below those comments.
David Vines-
• Insert the language regarding maintenance of the common, open areas.
• Reference easements on plat. If by separate instrument show book and page or
leave bank to be filled in at a later date.
Public Works-
Reference easements, if by separate instrument show book and page.
Show limits of no access and limits of access.
Be aware of roof drain requirements.
AT &T- Tim Maxey
• Need a letter of permission from the developer to bring cable fiber in to
apartments.
• May have additional easements upon site plan review.
Community Development-
• Misspelled word "easeement" should be "easement" on the front page.
• Correct the Certification of City Clerk language. Strike all wording after "State of
Oklahoma ".
• Double check the language in the Duration section.
Jerry Gammill - Rural Water
• Need to review water line plans.
• Spoke with Malek, may need a 20' easement.
• Change to Rural Water District #3 regarding the water service in the 2nd column of
the Deeds of Dedication.
AEP /PSO
• Might need more easements upon site plan review.
We will also need fifteen (15) copies of the revised final plat in order to distribute to planning
commissioners and city council. It remains our goal to provide you with excellent customer service. If
you have any questions or if I can be further assistance to you, please feel free to contact me at (918)
376 -1540.
Sincerely,
Marsha Hensley
Assistant City Planner
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.cityofowasso.com
This letter is to inform you that the Owasso Technical Advisory Committee (TAC) reviewed the final plat
application at the August 22, 2012 meeting. At that meeting, utility providers, as well as city staff, are
afforded the opportunity to comment on the plan, request any additions and voice any concerns. Please
find below those comments.
David Vines-
• Insert the language regarding maintenance of the common, open areas.
• Reference easements on plat. If by separate instrument show book and page or
leave bank to be filled in at a later date.
Public Works-
Reference easements, if by separate instrument show book and page.
Show limits of no access and limits of access.
Be aware of roof drain requirements.
AT &T- Tim Maxey
• Need a letter of permission from the developer to bring cable fiber in to
apartments.
• May have additional easements upon site plan review.
Community Development-
• Misspelled word "easeement" should be "easement" on the front page.
• Correct the Certification of City Clerk language. Strike all wording after "State of
Oklahoma ".
• Double check the language in the Duration section.
Jerry Gammill - Rural Water
• Need to review water line plans.
• Spoke with Malek, may need a 20' easement.
• Change to Rural Water District #3 regarding the water service in the 2nd column of
the Deeds of Dedication.
AEP /PSO
• Might need more easements upon site plan review.
We will also need fifteen (15) copies of the revised final plat in order to distribute to planning
commissioners and city council. It remains our goal to provide you with excellent customer service. If
you have any questions or if I can be further assistance to you, please feel free to contact me at (918)
376 -1540.
Sincerely,
Marsha Hensley
Assistant City Planner
AOk
A ...........
The City Wit aut Limits.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Karl Fritschen
Community Development Director
SUBJECT:
Pelivan Transit Agreement Renewal
DATE:
September 7, 2012
BACKGROUND:
Pelivan Transit is a demand - response transportation service operated by the Grand Gateway
Economic Development Association. Pelivan Transit is a non - profit organization, operating
primarily on funding from government and corporate entities, including federal and state grants.
Pelivan Transit focuses on providing transportation to individuals who do not consistently have a
private means of transportation.
Pelivan Transit began its Owasso operations in December 2007, following City Council action to
approve a one -year agreement for transportation services between the City of Owasso and
Grand Gateway in the amount of $41,975. Since that time, the service has built a stable
customer base. For the FY -2013 Grant year, Pelivan is requesting $49,393 from the City of
Owasso to cover the local match. The requested $49,393 is the same amount as last year (FY-
2012) and will allow Pelivan to continue the same level of service provided to the Owasso area.
Pelivan presently operates two handicap accessible vans in the Owasso area, Monday through
Friday, from 8:OOam until 4:OOpm. Another vehicle is proposed to be added during the FY -2013
Grant Year which will commence on October 1, 2012.
REQUEST FOR ACTION:
Pelivan Transit is requesting the City of Owasso execute a letter of agreement for services to be
provided by Pelivan from October 1, 2012 through September 30, 2013 in the amount of $49,393.
TRANSPORTATION DATA:
Data collected by Pelivan staff indicates that ridership during the first two years of operation
increased significantly during the months of January through June and remained steady during
the remainder of both years. Examining the data provided by Pelivan indicates ridership has
increased since 2009. Approximately 80% of the ridership consists of disabled citizens and
elderly citizens. A more detailed account of monthly ridership is being collected and will be
provided during the City Council Meeting on September 18.
PENDING AND FUTURE PROGRAMS:
Pelivan has secured two new grants for the City of Owasso's transportation operations from
INCOG for the FY -2013 Grant cycle. The New Freedom Grant ($62,217) will fund the operation of
two new vehicles to provide Medicaid transportation needs in the area and the JOB Access
Reverse Commute (JARC) Grant ($61,987), which will fund three vanpools for employees
commuting from Owasso and Claremore to the Tulsa Port of Catoosa. These two grants will not
require a local match from the City of Owasso; however the ridership and revenue miles will
benefit Owasso for future grant opportunities. Finally, last year City staff met with representatives
from the Grand Gateway Economic Development Authority (EDA), and discussed converting
their fleet to Compressed Natural Gas (CNG) vehicles. This conversation sparked their interest
and they have indicated they are committed to replacing their fleet with CNG vehicles with
subsequent Federal Transit Administration (FTA) Grants.
PROPOSED ACTION:
Authorization for the City Manager to execute the Purchase of Service Agreement between the
City of Owasso and Pelivan Transit for the FY -2013 grant year will require City Council approval.
ATTACHMENT:
A. Proposed Purchase of Service Agreement
(918) 783.5793
rand Gateway 1 . x: (918) 783.5786
IsconanJlc
I7evejap.1mcnt
Assoclatlon
Purchase of Service Agreement
This letter establishes an Agreement made and entered into on
the day of , 2012, between The City of
Owasso and Grand Gateway Economic Development Assoc iat ion/ PELIVAN
TRANSIT regarding financial assistance to the Association for the
operation of a demand - response Public Transportation System
operated by Pelivan Transit for FY -2013.
Whereas, the City of Owasso and area business leaders have
identified certain community needs and set certain goals for the
economic development of the community.
Whereas, there is a need to implement programs for the City of
Owasso to meet a need to provide services to attract and serve the
elderly and retirees in order to become a more desirable retirement
community, as well as providing a much needed service to all
citizens of the community.
Whereas, the Grand Gateway Economic Development Association is
operating a Transportation Program established under the Oklahoma
Department of Transportation Section 5311 Transportation Program
which will provide public transportation for the citizens of Owasso
and has requested the City to assist in financing this program.
Whereas, the City of Owasso will provide $49,393 to the
Association for Grand Gateway's service in providing public
transportation to the citizens of Owasso, Oklahoma. Payments may
be rendered in ten (10) monthly payments of $4,939.30 or a lump sum
payment payable to Grand Gateway E.D.A. /Pelivan Transit, P. 0.
Drawer B, Big Cabin, OK 74332. Grand Gateway /Pelivan Transit will
provide ridership totals for the previous month based on actual
ridership with each monthly billing.
Whereas, Grand Gateway's Pelivan Transit will assign two (2)
vehicles with drivers, and one (1) dispatcher for the City of
Owasso and one (1) vehicle will be added during the FY -2013 Grant
year to accommodate an intercity route and Soonerrides for Owasso
and the surrounding area commencing October 1, 2012 through
September 30, 2013 (FY -2013) to operate the demand- response
city /rural /variable distance routes from 6:00 a.m. to 4:00 p.m.
Monday through Friday with the exception of Holiday's as listed
below:
New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day (Two days)
Christmas Day (Two days)
FEDERAL /STATE ASSISTANCE: The Pelivan Transit,
CONTRACTOR and the City of Owasso are particularly advised that
the execution and continuance of the AGREEMENT is contingent upon
receipt of financial assistance from the Federal and State
levels. This AGREEMENT will terminate if the Federal funding is
discontinued. The State assumes no responsibility to fund this
program if there is a failure of Federal Funding.
CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the
period indicated above and is subject to early renewal by the
governing body of the City of Owasso.
INSURANCE: Grand Gateway Economic Development Association.,
d /b /a Pelivan Transit, shall maintain liability insurance on all
vehicles covered by this AGREEMENT with limits of liability in
the amount of Five Million and no /100 dollars ($5,000,000.) for
any number of claims arising out of a single occurrence or
accident, and shall provide proof of coverage to the City of
Owasso when requested.
Whereas, the terms of this Letter of Agreement may be changed
only through mutual agreement by both parties.
Edward J. Crone, Exec.Di rector Rodney Ray, City Manager
Grand Gateway E.D.A. City of Owasso
P.O.Drawer B P. O. Box 180
Big Cabin, OK. 74332 Owasso, OK 74055
Notary:
Signed before me this
day of 1 2012
Notary:
Signed before me this
day of r 2012
5311 Projects FY 2013
OWASSO -
8,981
Pti IVAN SUMMARY OF CITIES
Rides
FY -13
CAPITAL
ADMINISTRATION -
Director Salary
Administrative Salaries
Page %
Estf miles
5.74%
62,598
$3,939
$3,197
Bookkeeper Salaries
Fringe total
660A
$1,514
$5,709
Audit (Transit)
tilt
Legal Service
Travel, Administrative
$0
$487
Advertising i
$1,032
$674
$172
Subscriptions/Membership
Training Program
Fee
Office furnishings
$250
___
Indirect Cost
30%
_
$4,307
Drug Too In
p
07
TOTAL
$211353
Federal
— 80%
$17,08
Local
4—
469-
A&271
OPERATIONAL
Route Supr. Salaries
7
Dispatcher Salary
$161056
Operations Clerk
31519180
Drivers Salary
$4117,29
Mechanic Salary
Mechanic Helper Salary
Fringe, total -
Ism-
$50,508
Travel operational
$469
Vehicle Insurance
Insurance, other
$10,000
$0
qffIc0q!rkj
0 $pace
$0
Supplies
Telephone
$0
$1,262
Utilities
Printing .... ..
Postage
Interest Expense
$0
$0
$0
$0
Fu $4.001.
$31,299
vehic—is Maintenance, repairs
$8,000
BuildinS Maintenance, repairs
$500
Equipment MaIntenece, repairs
$200
Indirect Cost
30%
$38,525
Fees & Licensing
$300
Transportation Service Agreements
$0
Vehicle Service Aq! amf�rkt
$0
Equipment Serylee Nregiment
$600
Miscellaneous
$1,000
SUB-TOTAL OPERATIONAL
1
--.-.-$220,461
—
-
ILess, Fare Box Revenue—
$20,207
5311 Projects FY 2013
PELIVAN SUMMARY OF CITIES I
OWASSO
i
NET TOTAL OPERATIONAL i
$200,254
Federal 80A0 %f
$100,127
Local 50.00%
$100,127
100%
GRAND TOTAL
$241,815
Fed. Share ; 0.25482;
$61,619
Fares j
$20,207
Local Share
i
I '
$159,988
!City Subsidy Fy -11 $49,393
ICity Subsldy FY -12
$49,393
St. Revolt' i
$25,410
I Logisticare
$__2.2,000
Misc Contracts
. i
DRS _
!DHS -Tanf Craig
�DHS -Tanf Delaware _
�DHS -Tanf Mayes
IDHS -Tanf Rogers
DHS- Ottawa Co.
JARC Grant i
Tribal GrantslSubsidy I
$42,978
�DonationslOther Grants
iAdvertisingi
_ - Fares
$20,207
I �
TOTAL Local Match
$169,988
% Total L.M. Met
100%
Difference j
$0
I
Contract 4 FY -12
$49,393
Additional ,FY -13 i
$0
Cq Request FY -13
$49,393
Cost per passenger !FY -13
$26.87
Cost per mile FY -13
$3.33
The City Wit out Limits.
TO: The Honorable Mayor and City Council
FROM: Karl Fritschen, Community Development Director
SUBJECT: Proposed Zoning Code Amendment - Planned Unit Development Chapter
DATE: September 7, 2012
BACKGROUND:
At the City Council Work Session on August 14, 2012, staff presented an initial draft of the
proposed new Planned Unit Development (PUD) ordinance for Chapter 8 of the Owasso Zoning
Code. This was the first time that the City Council had seen the draft, which has also been
presented to the OEDA. Since the August Work Session, the proposed new ordinance was
placed on the City website and Facebook page, and copies have been sent to the Planning
Commission for review.
As with the other text amendments staff has brought forth, the PUD Chapter will follow a
transparent process which seeks input from all interested stakeholders. Below is the anticipated
schedule for proceeding with the text amendment for Chapter 8 of the Zoning Code, Planned
Unit Developments and Overlay Districts.
• August 9 2012 - Present the proposed amendments to the Owasso Economic
Development Authority (OEDA)
• August 14, 2012 - Present the proposed amendments to the Owasso City Council at Work
Session
• August 15, 2012 - Place the proposed amendments on the City website and Face
book page
• August 15 through 31 - Meet individually with the Planning Commission members
• September 10, 2012 - Discussion item, Planning Commission Meeting
• September 11, 2012 - Second presentation and discussion with the Owasso City Council
at Work Session
• September 13, 2012 - Second presentation and discussion with the OEDA
• October 8, 2012 - Planning Commission - Action Item
• October 9, 2012 - Third presentation to the City County at Work Session
• October 16, 2012 - Public hearing at the City Council Meeting
• November 6 - City Council, Ordinance approval
REASON FOR THE PROPOSED CHANGE:
These changes are being considered to establish a level and predictable playing field for all
applicants choosing to use the PUD method for development, while at the same time ensuring
sustainable quality development. Furthermore, the amendments help ensure a higher quality
standard and consistency throughout the entire community, which maintains and increases
property values.
ACTION:
The Planning Commission will discuss the proposed text amendments during the September 10'r
regular meeting. An item has been placed on the September City Council worksession for
additional discussion and to review comments received during the Planning Commission
meeting and OEDA meeting.
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 development. A PUD shall not be
seen as a tool to circumvent the zoning and subdivisions regulations of the City
of Owasso, but rather as a tool for intelligent, well- planned, and quality
developments that fit within Owasso's existing neighborhoods and context of
the surrounding area. A PUD provides flexibility to allow for the development
on properties with unique physical characteristics by promoting innovative
design and providing guidelines which ensure that development is beneficial to
the City of Owasso's future growth. While great flexibility is given to provide
special restrictions which will allow development not otherwise permitted,
procedures are established herein to ensure against misuse of the increased
f lexi bi lity.
8.2 GOALS
Because PUD's allow greater flexibly than otherwise would be allowed with the
base zoning, there are specific goals that need to be accomplished with each
application. All PUD's shall be evaluated on their ability to accomplish the
following:
1. Maintain and Enhance the Quality of Life in Owasso
2. Provide Opportunities for Urban Infill
3. Maintain and Promote a Sense of Community
4. Encourage Development That Otherwise Could Not Occur on the Site
5. Preserve and Provide Meaningful Open Space
6. Promote Connectivity and Compatibility with Surrounding Development
7. Inspire Unique and Thoughtful Development
8. Support the Development of Strong Neighborhoods
9. Provide Amenities Beyond Conventional Development
10. Preserve the Physical Characteristics of the Land
8.3 APPLICABILITY
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
districts remain applicable except as specifically modified pursuant to the
provisions of this chapter.
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. 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 determine the correct action.
4. A Conceptual Development Plan shall be submitted concurrently with a
request for rezoning.
8.4 MINIMUM STANDARDS
A. DENSITY
By their very nature, PUD's are designed to develop parcels of land with
unique or unusual, natural or man -made conditions. In order to promote
development that makes use of and preserves such unique features, it may
be necessary to cluster density within developments. If clustering of
density is proposed, additional amenities shall be provided; the design shall
promote and maintain useable open space; and a layout shall be provided
that complements the existing conditions of the site.
All PUD's shall calculate density based upon the gross area of the tract,
which may include flood plains, rights of way, or easements to provide an
overall gross density for the project that shall be expressed in units per
acre. The gross density calculations shall be provided within the PUD
Design and Intent Statement.
1. Single - Family Residential Densities - A residential PUD shall not
exceed a gross density above five (5) dwelling units per acre for single -
family residential developments. Should a development propose a density
higher than five (5) units per acre, written justification shall be provided
explaining the rationale of the decision and additional amenities shall be
provided to mitigate the increased densities.
2. Multi - Family 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.
D. SCREENING AND BUFFERING
Screening is an important part of any PUD proposal, especially when
incompatible uses are proposed within the PUD, or exist in adjoining
developments. Screening may be employed in the form of:
1. Fencing - Natural materials are encouraged;
2. Walls - Stone, brick, split -faced block, or decorative materials shall be
used.
3. Berms - Berms may be used in combination with vegetation or fencing to
achieve the desired result.
4. Vegetation - Vegetation provides a screening mechanism that can be
efficient and aesthetically pleasing. In many cases, leaving the natural
vegetation as a means of screening achieves the desired results.
5. New vegetation may be planted that also achieves the intent of this
section. Materials and sizes of vegetation shall be provided with the
required Conceptual Development Plan and conform to Chapter 20 of
the Zoning Code.
Buffer yards shall be provided at all boundaries of the PUD where higher
intensity or higher density uses adjoin existing tracts that are of a lower
intensity or density. An example of this may be 5000 SF lots adjoining an
existing single family development containing 20,000 SF lots. Buffers shall
vary in size depending on the use or the density of the development, but in
shall be a minimum of 20 feet in width. Vegetation and screening is
required in buffer yards.
E. TRANSITION OF USES
Great care shall be given as to the location of the more intense uses or
densities within the PUD. Transition shall be achieved when possible by
placing less intense uses along 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 REQUIREMENTS
All adopted landscape requirements shall be met by any PUD. A PUD shall
provide landscaping that exceeds the City's minimum requirements in order
to meet the goals, purpose, and criteria outlined in the PUD ordinance.
H. SITE DEVELOPMENT
1. Low - Impact Design (LID) Criteria
All PUD proposals are encouraged to incorporate LID techniques.
Utilizing LID techniques can greatly reduce infrastructure costs and can
be incorporated into common areas and open space. Some LID design
possibilities are: Bio- retention areas (rain gardens), Green roofs,
Permeable paving or driveways, Cisterns, Vegetated swales, and
Impervious surface reduction. All PUD's are encouraged to define how
LID principles shall be applied.
2. Grading and Site Disturbance
PUD sites shall not be denuded of all vegetation. Great care should be
given to developing drainage and grading plans that incorporate natural
areas and preserve the topography and vegetation of the PUD area. All
creeks or perennial streams shall have a minimum of a 20 foot
undisturbed buffer measured from the top of the stream or creek bank
and shall be included into the design of the PUD whenever possible.
3. Adherence to City, State, and Federal Requirements
All grading and drainage plans shall meet all City, State and Federal
requirements.
I. PARKING AND CIRCULATION
The developer 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 parking areas, driveways
or other means of vehicular access shall be designed in accordance with
Chapter 9 of the Owasso Zoning Code.
J. OPEN SPACE
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
promote social interaction and help to create a sense of community.
L. AMENITIES REQUIRED
Any residential PUD development shall provide at least one (1) amenity
from each of the categories from the Table 8 -1.
1) For any residential development that proposes a gross density of more
than four (4) units per acre, one an additional amenity from any
category shall be required for each 0.5 units per acre over 4.
2) A developer may propose any amenity not provided on the list and an
explanation of what category it should fall under. The Community
Development Administrator, the Planning Commission, or the City
Council shall determine if an amenity is acceptable.
3) Amenities may be combined into one or more park /recreation areas.
(i.e. pool with a club house or a park area with a basketball court,
playground, and walking trails).
4) Park and recreation areas shall be placed in a centralized location
within the development so it is convenient and accessible.
5) Any standing water feature or pond shall be re- circulated through a
fountain, waterfall, or other aeration device. This requirement applies
to any storm retention pond that is maintains a pool elevation of water.
TABLE 8 -1, REQUIRED AMENITIES
CATEGORY
AMENITY FEATURE
SPORTS FIELDS, TENNIS COURTS, BASKETBALL COURTS,
ACTIVE RECREATION
VOLLEYBALL COURT, DISC GOLF COURSE, SKATE FACILITIES,
BIKE PATHS, HIKING TRAILS, GOLF FACILITIES
STOCKED FISHING POND, NATURE PRESERVE AREAS OF AT
LEAST 2 ACRES, HORSE SHOE PIT, WILDLIFE VIEWING AREA (IF
PASSIVE RECREATION
ADJACENT TO PRESERVED HABITAT), CAMP GROUNDS,
EQUESTRIAN FACILITIES, MEDITATION AREA, WALKING PATHS
OR TRAILS
DOG PARKS, PICNIC AREAS, PAVILLIONS, OUTDOOR
PUBLIC GATHERING AREAS
AMPHITHEATRE, CLUBHOUSE, GAZEBO, BBQ AREA, DOCK
AREAS, COMMUNITY GARDEN, PARK AREA
FAMILY RECREATIONAL AREAS
TOT LOT, SPLASH PAD, SWIMMING POOL, PLAYGROUND
M. CONSISTENCY WITH LAND USE PLAN
Any proposed PUD shall be developed in accordance with the adopted
Owasso Land Use Master Plan. The PUD shall meet the Goals, Objectives
and Action Strategies stated within the plan.
N. COMPATIBILITY WITH SURROUNDING DEVELOPMENT
Each PUD shall be designed in a manner that is compatible with the
surrounding development in the area. If the proposed development is not
in character with the surrounding area, the PUD shall show how the
development can be screened or employs techniques that will mitigate the
incompatibility.
8.5 PROCEDURE
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
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 the reviewing bodies to
make informed decisions and evaluate compliance with the applicable
approval criteria.
3. The Administrator shall provide recommendations regarding changes or
additions to the PUD that would make the project more consistent with
the goals, purpose and standards of the PUD outlined in this chapter.
Upon completion of a successful application, the PUD shall be placed on
the next available Planning Commission Agenda.
C. TECHNICAL ADVIOSRY COMMITTEE (TAC)
1. Prior to the Planning Commission, the City of Owasso's Technical Advisory
Committee (TAC) shall review the PUD proposal and all supporting
documentation.
2. The TAC shall provide comments to the developer regarding utilities,
engineering, planning, and project design.
3. All TAC comments shall be addressed by the developer prior to the PUD
being reviewed by the Planning Commission or City Council.
D. REQUIRED PUBLIC MEETING
At least seven (7) calendar days prior to the project being heard by the
Planning Commission, the applicant shall hold a neighborhood meeting to
introduce the project to neighboring property owners and receive input
about potential issues with the development. The applicant shall provide
written notice about the meeting to all property owners within three
hundred (300) feet of the subject property. The meeting shall give the
developer an 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.
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 one of the following
recommendations to the City Council.
a) Move to recommend denial of the application
b) Move to recommend approval of the application as presented
c) Move to recommend approval of the application with conditions
5. Should the Planning Commission need more information, the item can be
tabled until the next meeting or until information requested is provided.
6. No proposal may continue to the City Council until the Planning
Commission has made a recommendation to the City Council.
7. If any major changes are made to the plans or new information is brought
forward after review by the Planning Commission, the City Council may
ask that the project return to the Planning Commission for review.
F. CITY COUNCIL
The City Council shall make the final decision on any PUD application. A
final PUD plan shall be approved along with an Ordinance. The approved
ordinance and PUD development plan shall dictate any future development
on the subject property, unless the PUD is amended or the PUD is allowed
to expire.
The City Council shall use the information provided by City staff, the
recommendation from the Planning Commission, and the input from the
public and the project developer to approve or deny and proposed PUD.
1. The City Council may add conditions to the project that they feel are
necessary to 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.
PUD PROCESS FLOW CHART
Pre Application meeting
with planning staff.
Sumittal of Application
Packet and Applicable
Fees
Application reviewed and
public hearing scheduled.
Staff
Notification prepared for Review
newspaperand mailing
list. Sign posted on the
subject property.
TAC
meeting
Neighborhood
Meeting
Planning
Commission
approved
V Final
City Action and
Council Ordinance
prepared
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.
B. ZONING ORDINANCE
Because a PUD is a zoning action approved through City Council by Ordinance,
the City shall file the ordinance approving the designation of a PUD on a tract
of land, with the County Clerk's Office upon platting and recording any portion
of the PUD.
C. EXPIRATION
For any PUD in which there has been no building permit issued nor any portion
of the property platted after five (5) years since approval by the City Council,
the PUD shall be considered null and void and shall be brought back before the
Planning Commission and City Council for re- approval prior to any development
on the property. Upon approval of the PUD by the City Council, the
Administrator shall transmit in writing the date by which the PUD will expire.
Commentary: PUD's are approved with underlying zoning. The underlining
zoning of the site shall not expire, only the PUD overlay shall expire.
D. EXTENSIONS
An extension may be granted by the Administrator for PUD's that are nearing
the 5 year expiration date. PUD's may be extended one (1) time for a maximum
of two (2) additional years, provided a letter is submitted to the Administrator
asking for the extension no less than two (2) months prior to the five (5) year
expiration date. Said letter must indicate the following:
1. Reason for the extension
2. That there are no changes to the original PUD approved by the City
Council.
3. Expected date by which a portion of the PUD will be platted
It shall be the developing party's responsibly to ask for and sign the letter of
extension. If no extension has been sought and granted, said PUD shall be
considered expired 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.
8.7 AMENDMENTS
There may be instances when a change or amendment to the original 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
A major amendment is described as a significant change that increases the
density, intensifies the use, or creates inconsistencies with the character of the
PUD that was initially approved shall proceed through the entire PUD process as
outlined in this chapter.
1. The Administrator shall determine if the changes to the PUD meet the
criteria for a major amendment, is an appropriate change, and will
maintain the spirit of what was approved in the original PUD.
2. An appeal from the Administrators decision that the changes to the PUD
construe a major amendment shall be made in writing by filing a notice of
appeal to the Planning Commission within ten (10) days of the
Administrators decision. Said appeal shall be heard a regular meeting of
the Planning Commission, at which time the applicant defend his
proposal. Appeals shall not require public notification.
B. MINOR AMENDMENT
Small changes that meet the intent of the ordinance, do not increase the
density, are consistent with surrounding development, and do not pose a threat
to the health, safety, or welfare of the City of Owasso can be administratively
approved as a Minor Amendment. Minor amendments may also include
relocation of landscape areas, parking areas, drive aisles, or other similar
changes that are minor in scope.
Minor amendments shall be approved administratively and may only be
required to go before the Technical Advisory Committee(TAC).
8.8 COMPREHENSIVE DEVELOPMENT PLAN
A. CONCEPTUAL SITE PLAN
The required conceptual plan shall be a rendered plan that clearly articulates
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) Name and address of the property owner and developer.
c) Name of the preparer of the document.
d) 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.
e) 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.
f) Wooded areas, wetlands, waterways, floodplain and floodway,
ponds and other natural features shall be depicted.
g) Location of all proposed streets.
h) Location of each proposed building (single- family residences or
duplexes not required)
i) Proposed density of the development depicted in gross density
figures (gross units per acre of the entire development)
j) Location and identification of all land uses within the PUD shall be
depicted. Identification of all amenity locations, detention areas,
open space areas, etc shall be clearly depicted.
k) Location of parking areas.
L) Depiction of any proposed walking trails, pathways, and buffer
yards, including fences.
m) Notation on the plan of how wide the buffer yards will be and how
they will be landscaped
n) Location and type of amenities provided
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 development be platted,
only the portion the applicant intends to develop initially.
8.9 DESIGN AND INTENT STATMENT
A. REQUIREMENTS
The design and intent statement shall clearly articulate the vision for the
proposed development and shall identify key elements of the project that
justify using a PUD approach over conventional zoning.
1. At a minimum, the design and intent statement shall include some basic
elements, listed below.
a. Overall project statement of proposed use and intent.
b. List of the proposed land uses including residential densities
c. List of all parties involved (applicant, owner, agent, plan preparer)
d. Thorough narrative explaining why the development is appropriate,
how it complies with the PUD ordinance. The applicant should
explain how the PUD is consistent with the goals, purposes, and
standards listed in this chapter.
e. A statement regarding the compatibility of the proposed
development with the surrounding area. The statement should
address buffer zones, transition, screening, types of materials to be
used, square footage of structures, .
f. A table showing how the proposed PUD will differ from current bulk
standards, with an outline of what sections of the zoning ordinance
or subdivision regulations that the PUD seeks relief from.
g. An outline of the covenants that will govern the property and
information about the development of a Homeowners Association
and 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
Old Code: Simply states that open space "must be an essential element of the Plan ".
New Code: Requires that projects have 20% open space (excluding 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
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.
• 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.
• 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
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.
...........
?Th. City wv it .ut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Review of City Council Ward Boundaries
DATE: September 7, 2012
BACKGROUND:
City Charter and State Statutes both require periodic review of City Council Ward Boundaries so
that the wards will be substantially equal in population. The procedure for changing ward
boundaries requires a 30 -day notice to be published of the proposed changes. The new ward
boundaries to be established by ordinance requires a 2/3 vote of the Council.
INCOG Analysis
Following the 2010 Census the City of Owasso's population was determined to be 29,612 people.
An equal distribution of the population within each of the five districts would be approximately
5,922 people. The current distribution of that population by council district is as follows:
Council
Current
Deviation from
District
Population
the Average
1
5,915
-7
2
7,632
1,710
3
7,505
1,583
4
4,667
-1,255
5
3,893
- 2,029
Council District 2 is currently the most populated with 1,710 people more than the average
district size and Council District 5 is below the average district size by 2,029 people. The
difference between the highest and the lowest district compared to the average district size of
5,922 puts the overall deviation for the current plan at 63.13 %. Generally it is recommended to
have a plan within a 10 percent overall deviation.
INCOG provided the following criteria for redistricting:
• Legally mandated requirements
o Each district shall consist of:
• Contiguous area - (State statute)
■ Compact territory - (State statute)
• Be as substantially equal in population as practical - (State statute)
• Meet Voting Rights Act requirements - (federal law)
Secondary criteria to consider
o District boundary lines based upon major physical features such as rivers,
expressways or arterial streets to the extent possible
o Follow precinct boundaries as near as possible
o Minimize the displacement or re- assignment of population and precincts
between council districts
Proposed Ward Boundary Maps
Based on census data and the criteria for redistricting, INCOG developed options for possible
ward boundary changes. Four sets of maps with associated population data are attached. The
first set is of the existing ward boundaries. The next three are possible plans for new ward
boundaries.
The timeline below would meet the approval requirements for ward boundary changes.
• Recommend a Ward Boundary Plan
• Publish 30 -day notice of proposed Ward Boundary changes before October 6
• Council approve ordinance establishing new ward boundaries on November 6
• Filing period for council elections February 4 - 6, 2013
ATTACHMENTS:
Owasso City Council Existing Ward Boundaries (Total Population and Racial Composition)
Owasso City Council Ward Boundaries - Plan I (Total Population and Racial Composition)
Owasso City Council Ward Boundaries - Plan II (Total Population and Racial Composition)
Owasso City Council Ward Boundaries - Plan III (Total Population and Racial Composition)
IY
c
m
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0
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Owasso City Council Existing Ward Boundaries
r
rn
E1
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0
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a)
E 56th St Mohawk Blvd E 56th St
�'I~NC0G
This map is provided as a public resource for general information only.
/ Although every effort has been made to produce the most current, correct
and clearly expressed data possible, all geographic information has
limitations due to scale, resolution, data and interpretation of the original sourI.n
materials. The information on this map is collected from various sources that can change over time without notice.' Therefore, the information provided is
not intended to replace any official source. You should not act or refrain from acting based upon information on this map without independently verifying the information and, if necessary, obtaining professional advice. The burden of determining the accuracy, completeness, timeliness of information rests solely
the user. Copyright ®2071 INCOG
01
Source: PL94 -171 Data File 2010, US Bureau of the Census
Date: 812212012 T 1 T 36th St
C
Q
S Red Bud Dr
rn
Z
0
0
v
S
0
0
Legend
Ward 1 Highways
Ward 2 — Streets
Ward 3 —I— Railroads
Ward 4 Streams
Ward 5 Water Bodies
Council Members
City of Owasso Existing Council Wards
Total Population and Racial Composition, 2010
Deviation
Total
Race
from the
population
White
Black
American
Asian
Hawaiian
Other
Multiple
Hispanic
Voting Age
Ward Average
Indian
Races
1 (7)
5,915
4,701
188
428
108
10
111
369
322
4,085
- 0.12%
.............................................................................. ...............................
79.48 % .......
...........3:.18 %..............
.....7.24 %.....................
1.83% °...................0:.1.7
°0..................1.:.88%
6.24%
5.44%
69.06%
2 1,710
7,632
6,246
209
444
198
12
..........................................................................................
113
410
357
...............................
5,372
28;87%
.............................. ...
...............................
81 „84 % ...........
.......2:.74 %...................
5: 82%°....................
2. 59%..................
0 :.1.6 ° /D..................1.48%
5.37%
4.68%
70.39%
3 1,583
7,505
6,036
218
480
130
11
...................................................................................
180
450
449
...............................
5,186
26 72%
.80:43 % .... ..............2.90
%...........
% °..................
%..................0.15%
2.40%
6.00%
5.98%
69.10%
4 25.5)
4,667
.......6:40
..1.:73
'
'' "7.22
'
71.76%
2.66%
8.85%
1.39%
0.51%
7.61%
%'
11.91 %”"
69 �85%
.......................... .................... .......................... .Z 9 .............................
5 )
..............................3
3,893
............... 2 2 2.....................................................................................................................................................................................................................................................................
98
228
35
-
115
195
275
...............................
2,923 „
- 34.27%
............................................................................................
...........I...................
82.76%
2.52%
5..86%
0:90%
0.00%
.................................................................................................................................
2.95%
5.01%
7.06%
75.08%
...............................
Total Population:
29,612
23,554
837
1,993
536
57
874
1,761
1,959
20,826
79.54%
2.83%
6.73%
1.81%
0.19%
2.95%
5.95%
6.62%
70.33%
Overall Deviation
63.13%
Ideal District Size:
5,922
8/30/2012 Prepared by INCOG
IE 96th
a
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L
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U)
136th St
Owasso City Council Ward Boundaries - Plan I
E 126th
� I
C> .-
St z
E 66th St
0
INC'0 G m
i PF
This map is provided as a public resource for general information only.
Although every effort has been made to produce the most current, correct
and clearly expressed data possible, all geographic information has K
limitations due to scale, resolution, date and interpretation of the original source
materials. The information on this map is collected from various sources that
can change over time without notice.' Therefore, the information provided is
net intended to replace any official source. You should rot act or refrain from
acting based upon information on this map without independently verifying the
information and, if necessary, obtaining professional advice.` The burden of
determining the accuracy, completeness, timeliness of information rests solely on
r, the user. Copyright ®2011 INCOGI ,/ I I F 46th St
Source: PL94 -171 Data File 2010, US Bureau of the Census —
Date: 917 /2012
I
e.
E 96th
n St
f;
5 > 0 Q
_
w I
CU r7 t
J L J l'r, " --
o j r•
5
Q
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9
co
O
-jo Rd
Legend
Ward 1
Highways
Ward 2
--- Streets
Ward 3
—i— Railroads
Ward 4
Streams
Ward 5
Water Bodies
Council Members
City of Owasso Council Wards - Plan I
Total Population and Racial Composition, 2010
Deviation Total Race
from the American Multiple Hispanic Voting Age
Ward population White Black Asian Hawaiian Other
Average Indian RaePc
1
(52)
5,870
4,675
184
424
98
10
111
368
321
4,052
- 0. 88%
%...............
%....................
7.22 %....................1.67
%a
0.17%
1.89%
6.27%
5.47%
69.03% g
..............................................
2
............................... ............
63
............................... ..........79.64
5 985
4,903
....:3:.13
171
341
...............................................................................................................................................
159
12 -
78
321
.....,.........................
260
4,139
1.06%
_81.92%
2:86%
5.70%
2.66%
0.20%
1.30%
5.36%
4.34%
69.1601,,
3
52
5,974
4,803
170
404
86
8
101
402
297
4,051
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.87%
. ........................... . . . . . . . . . . . .. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .
80.40%
. . . . . . . . . . . . . . . . . . ........... . . . . .
. 2.85%
6.76% .
1.44%
0.13%
1.69%
6.73%
4.97%
67.81%
4
i32)
5 890
. . . . .
4,357
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
469
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
390
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .
639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4,163
..............................................
- 0.55 % ..............
...............................
.'
73:97%
2:.67%
7..96%
1.82%
0.41%
6.55%
6.62%
10.85%
70.68 %+
5
(29),
5,893
4,816
155
.......................................................................................................................................................................................................
355
86
3
198
280
442
..............................,
4,421
...........................................................................................
-0.50%
...............................
81.72%
.. .......................................................................................................................................................................................................................................................................
2.63%
6.02%
1.46%
0.05%
3.36%
4.75%
7.50%
75.02% 1
..............................5
Total Population:
Overall Deviation
Ideal District Size:
29,612 23,554
79.54%
1.94%
5,922
837 1,993
2.83% 6.73%
91712012 Prepared by INCOG
536 57 874 1,761 1,959 20,826
1.810/0 0.190/0 2.95% 5.950/0 6.62% 70.33%
E
Owasso City Council Ward Boundaries - Plan II
36th S( lit � 1
U)
no
E 96th St I W MAMEVVI� E 96th°SFt
169 3
E 86th St
Q 4
d —i -5
E 76th S
.- ' ` "5 i
O i N
J I E 66th St '° S
I
_
-( rNCOG 76 _
o Q
This map is provided as a public resource for general information only.
Although every effort has been made to produce the most current, correct
and clearly expressed data possible, all geographic information has / td
limitations due to scale, resolution, date and interpretation of the original source I, E 56th St
— materials. The information on this map is collected from various sources that
an change over time without notice. Therefore, the information provided is �
not intended to replace any official source. You should not act or refrain from
acting based upon information on this map without independently verifying the
Information and, if necessary, obtaining professional advice. The burden of
determining the accuracy, completeness, timeliness of information rests solely on
the user. Copyright ® 2011 INCOG �/ L
I —
Source: PL94 -171 Data File 2010, US Bureau of the CeIZ; St
Date: 917 12012 ��
S Red B
Z
S
M
0
0
v
Rd
fain Rd I
Legend
Ward 1 ^-- Highways
® Ward 2 ------ Streets
® Ward 3 —F— Railroads
Ward 4 Streams
Ward Water Bodies
Council Members
City of Owasso Council Wards - Plan II
Total Population and Racial Composition, 2010
Total Population:
Overall Deviation
Ideal District Size:
29,612 23,554
79.54%
1.11%
5,922
837 1,993
2.83% 6.73%
91712012 Prepared by INCOG
536 57 874 1,761 1,959 20,826
1.810/0 0.190/0 2.95% 5.950/0 6.62% 70.33%
T'Deviation
Total
Race
from the
population
White
Black
American
Asian
Hawaiian
Other
Multiple
Hispanic
Voting Age
Ward
Average
Indian
Rareg
1
2
5,924
4,631
190
454
123
10
124
392
335
4,108
0:03% .....
...............................
78.17%
3.21%
7..66%
2.08%
0.17%
2.09%
6.62%
5.65%
69.35%
2
28
5,950
4,895
181
......................................................................................................................................................................................................
341
156
10
69
298
247
...............................
4,143
0;47%
....... ...............................
82.27 % ................
..3.04 %..................5.73%
2.62%
0.17%
1.16%
5.01%
4.15%
69.63%
3
(4)
5,918
4,941
137
..........................................................................................................................................................................................,.....
352
74
4
88
322
291
...............................
4,053
.............................................................................
-0.07%
...............................
83.49%
2,31%
5.95%
1.25%
0.07%
1.49%
5.44%
4.92%
68.49%
4
(38)
5,884
4,328
159
.................................................................................................................................................................................................,.....
482
63
24
421
407
700
...............................
4,131
.....................................
- 0. 65% ...............................
...............................
......................73:56
%... .............._2.70
%..........
......._8.19 %..................
.1.07 % °...................0.41
%................._7.15%
6.92%
11.90%
70.21%
5
14
5, 936....
4,759
170
364
120
9
......... ................................................................
172
342
....... ...
386
,....................................
4,391
......................... ..............
.........................0;23%
........
............................... ............80.17
%.............
....._2:.86 %...................
6:.13 %....................2.02%
............................................................................................................................................................
0.15%
2.90%
5.76%
6.50%
73.97%
...............................
Total Population:
Overall Deviation
Ideal District Size:
29,612 23,554
79.54%
1.11%
5,922
837 1,993
2.83% 6.73%
91712012 Prepared by INCOG
536 57 874 1,761 1,959 20,826
1.810/0 0.190/0 2.95% 5.950/0 6.62% 70.33%
City of Owasso Council Wards - Plan III
Total Population and Racial Composition, 2010
Deviation
from the
Ward_ Average
Total
population
White
Black
American
rndian
Race
Asian
Hawaiian
Other
Multiple
Ra s
Hispanic
Voting Age
1 (3)
5, 919'
4,653
188
440
138
8
114
378
319
4,081 E
- 0.06%
.......................................................................................
...............................
'
"'' 78;61%
3.18%
7.43%
2.33%
0.14%
1.93%
6.39%
5.39%
68.95%
2 (33)
5,889
4,815
..............................................................................................................................................................................................................................................
183
352
140
12
75
312
255
..............................:
4,122
- 0.56%
.............................................................................. ...............................
81;76%
3.11%
5.98%
2.38%
0.20%
1.27%
5.30%
4.33%
69.99%
3 (38)
5,884
4,836
140
......................................................................................................................................................................................................
345
92
8
93
370
298
...............................
3,927
- 0.65%
.....................................................................................
...............................
82.19%
2.38%
5.86%
1:56%
0.14%
1.58%
6.29%
5.06%
66.74% ,
4 68
5,990
4,493
154
492
85
6
.........................................................................................
359
401
.....,.........................
608
......
4,254
1 ;14%
................ ............................... ....................
...............................
75.01%
2.57%
8..21%
1.42%
0.10%
5.99%
6.69%
10.15%
71.02%
8
5
5,930
4,757
172
- ....................................................................................................................................................................................................,.....
364
81
23
233
300
479
...............................
4,442
0.1.3%
................ ...........................I... ...........
............................... ............80.22
% ° ............
......2:.90 %...................
6:.14% °...................1:37%
°...................0.39
%..... .....................................................................-...........................................
3.93%
5.06%
8.08%
74.91%
...............................
Total Population:
29,612
23,554
837
1,993
536
57
874
1,761
1,959
20,826
79.54%
2.83%
6.730/b
1.810/0
0.190/0
2.95%
5.95%
6.62%
70.33%
Overall Deviation
1.79%
Ideal District Size:
5,922
9/7/2012 Prepared by INCOG 1
A Jr
The (ity w aut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Mediation in Williams v. The City of Owasso, et al. and proposed Resolution 2012-
09
DATE: September 7, 2012
BACKGROUND:
A lawsuit was filed against four Owasso police officers, Captain Tracy Townsend, Jack Wells,
Sergeant H.D. Pitt and Lem Mutii by the surviving spouse of Elliott Earl Williams in their individual
capacities on March 16, 2012. This action, brought under 42 U.S.C. § 1983, arises out of Mr.
Williams' arrest by the Owasso Police Department on October 21, 2011, and his subsequent
death while incarcerated at the Tulsa County Jail on October 27, 2011. Upon receipt of the
Complaint in this lawsuit, the City of Owasso determined that the four named officers were at all
times acting fully within the scope of their employment and that they followed department
policy during the arrest of Mr. Williams and were thereby entitled to a legal defense and liability
coverage in this litigation.
Mediation requires attendance at a settlement conference by a person vested with full
settlement authority on behalf of any organization or entity named as a party in a federal
lawsuit. Although a representative cannot be compelled to settle a case, all parties are
required to confer full settlement authority upon a representative to be used at the
representative's discretion during the mediation. Mediation has been scheduled for the Plaintiff,
Defendants and their respective attorneys on October 25, 2012, at 9:30 a.m. at the offices of
Holeman Mediation in Tulsa, OK, and attendance and participation by all parties is required.
Consequently, it is necessary for the City of Owasso to confer full settlement authority upon a
representative to attend mediation on behalf of the four defendant police officers.
PROPOSED ACTION:
A request for the City Council to enter into executive session has been placed on the September
worksession agenda to allow the City Council and City Attorney to further discuss the case. A
resolution designating the City Manager, Rodney J. Ray, as the authorized settlement
representative for the Defendants in the case of Williams v. City of Owasso et al. would require
City Council approval.
ATTACHMENT:
Proposed Resolution 2012 -09
OWASSO CITY COUNCIL
RESOLUTION NO. 2012 -09
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE MEDIATION
SCHEDULED TO BE HELD ON OCTOBER 25, 2012, IN THE LITIGATION STYLED WILLIAMS v. CITY OF
OWASSO, ET AL., AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS
ACTION TO THE CITY MANAGER FOR PURPOSES OF MEDIATION.
WHEREAS: Captain Tracy Townsend, Officer Jack Wells, Sergeant H.D. Pitt and Officer Lem Mutii
are Defendants in litigation currently filed in the United States District Court for the Northern
District of Oklahoma captioned Elia Patricia Lora- Williams v. Stanley Glanz, Sheriff of Tulsa
County, Correctional Healthcare Management of Oklahoma, Inc., Correctional Healthcare
Companies, Inc., Correctional Healthcare Management, Inc., Earnie Chappell, RN, Carmen
Luca, LPN, Julie Hightower, Tracy Townsend, Jack Wells, H.D. Pitt, Lem Mutii and Does I through
X, and,
WHEREAS: The Plaintiff and Defendants have agreed to attend mediation scheduled to occur
on the 25th day of October, 2012, at Holeman Mediation in Tulsa, Oklahoma, and to bring an
authorized representative possessing full settlement authority to be used at his or her discretion
during mediation, and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City
Manager, Rodney J. Ray, for purposes of such mediation,
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement
representative of the City of Owasso for purposes of mediation in this litigation,
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and final settlement
authority on behalf of the City of Owasso for purposes of the mediation to be held on October
25, 2012, or at such other time as may be scheduled by the parties.
APPROVED AND ADOPTED this 18th day of September, 2012, by the City Council of the City of
Owasso, Oklahoma.
Doug Bonebrake, Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie T. Lombardi, City Attorney