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HomeMy WebLinkAbout2012.12.11_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA TYPE OF MEETING: DATE: TIME: PLACE: Special December 11, 2012 6:00 p.m. Old Central Building 109 N. Birch RECEIVED DEC 1 " 2012 ' City Clerk's Office Notice and agenda filed in the office of the City Clerk and posted on th Cit Hall bulletin board at 6:00 PM on Friday, December 7, 2012. Sherry Bish , City Clerk AGENDA 1. 2 3 Call to Order Mayor Doug Bonebrake Presentation and Discussion of the FY 2011-2012 Audit Ms. Bishop Attachment #2 Discussion Relating to City Manager Items Mr. Ray Attachment #3 A. Planned Unit Development Text Amendment B. Owasso Girls Softball Association Agreement C. Audio Recording of Meetings D. Council Code of Ethics E. City Manager Report Sales Tax Report 4. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing: • Confidential communications between the City Council and the City Attorney concerning pending litigation styled Mazzanti v. City of Owasso; as provided for in O.S. 25, Section 307(B)(4); and • Confidential communications between the City Council and the City Attorney concerning pending litigation styled City of Owasso v. DeBoer; as provided for in O.S. 25, Section 307(B)(4) 5. Report from City Councilors 6. Adjournment 0 The CitM# - V y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager, Administrative Services SUBJECT: FY 2012 Audit Report DATE: December 7, 2012 BACKGROUND: The audit committee was created in 2006 by city ordinance with the stated purpose to help oversee the audit of financial statements, ensure the auditor is independent of management and to address control and compliance weaknesses. The committee is charged with the responsibility of reporting to the City Council the findings of the annual audit report. The audit committee consists of five voting members and two non-voting members. The two ex- officio, non-voting members are the city manager and the finance director. The five voting members include a city councilor and four other appointees. The appointed members must be persons with relevant experience and knowledge of accounting, auditing and financial reporting. Current members of the audit committee are: Councilor Patrick Ross Kevin Cavanah, Matrix Service Company Guion Nightingale, WPX Energy John Manning, ONEOK Dennis Phillips, First Bank of Owasso The audit committee met on Friday, December 7, 2012. Mike Gibson with Cole & Reed, the city's audit firm and Marcy Twyman with Crawford and Associates, the city's consulting accounting firm also attended the meeting. Mr. Gibson presented the audited financial statements for discussion and responded to committee questions. The meeting also included an opportunity for candid discussions between the auditors and the committee with no city employees present. Mr. Manning, chairman of the audit committee, and Mr. Gibson, Cole & Reed, will attend the Council work session meeting on Tuesday to present the audit and respond to questions. The auditors will file the report with the Office of the State Auditor and Inspector as required by state statute. No City Council or Trustee action is required. 0 The Cit0# - V y Wit out Limits. TO: The Honorable Mayor and City Council FROM: Karl Fritschen, RLA, AICP Community Development Director SUBJECT: Public Hearing, Proposed Zoning Code Text Amendment - Sections 810-850, Planned Unit Developments DATE: December 7, 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. 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 and improve the quality of development. Attached with this memo is the final draft of the proposed changes to Chapter 8, Planned Unit Developments of the Owasso Zoning Code. Since August, 2012, staff has presented various drafts before the Owasso Economic Development Authority, City Council, and Planning Commission. Additionally, the document has been available on the City's web and Facebook page for review and comment. Throughout this process, the document received valuable input and was continuously refined resulting in the final attached document. As with the other text amendments, the proposed PUD text amendment followed a transparent and open process, which promoted dialog and input from all interested stakeholders. Below is an updated schedule for proceeding with the text amendment for Chapter 8 of the Zoning Code, Planned Unit Developments and Overlay Districts. ✓ August 9, 2012 - Presented the proposed amendments to the Owasso Economic Development Authority (OEDA) ✓ August 14, 2012 - Presented the proposed amendments to the City Council session ✓ August 15, 2012 - Placed the proposed amendments on the city website Facebook page ✓ August 15 through 31 - Met individually with the Planning Commission members ✓ September 10, 2012 - Discussed the item at the Planning Commission meeting ✓ September 11, 2012 - Second presentation and discussion with the City Council at work session ✓ September 13, 2012 - Second presentation and discussion with the OEDA ✓ October 8, 2012 - Planning Commission - continued discussion ✓ October 9, 2012 - Third presentation to the City Council at work session ✓ October 11, 2012 - Third presentation to the OEDA ✓ November 8, 2012 - Fourth presentation to the OEDA ✓ November 12, 2012 - Planning Commission - continued discussion ✓ November 13, 2012 - Fourth presentation to the City Council at work session o December 10, 2012 - Planning Commission action o December 18, 2012 - Public hearing at the City Council meeting o January 8, 2013 - City Council action for approval of an ordinance REASON FOR THE PROPOSED CHANGE: at work and city This text amendment is proposed 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 quality sustainable development that will result in higher property values. Furthermore, the PUD amendments provide a clearer easier to use document that will assist applicants, City staff, and decision making bodies when applications are reviewed. These changes are also consistent with the vision set forth by the approved Quality of Life Initiative document. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Code will replace sections 810-850, Chapter 8, Planned Unit Developments with the new attached language. PLANNING COMMISSION The Planning Commission will consider the text amendment at their regular meeting on December 10, 2012 PUBLIC HEARING: This item will be presented as a public hearing item at the regular City Council meeting on December 18, 2012 with an ordinance brought forth at the January 8, 2013 City Council meeting. ATTACHMENTS: New proposed Section 810-850 of the Owasso Zoning Code, Planned Unit Developments CHAPTER 8 PLANNED UNIT DEVELOPMENTS 8.10 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 flexibility. 8. 10.1 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 8.10.2 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 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. Conceptual 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. The Conceptual Development Plan shall be submitted concurrently with a request for rezoning. 8.20 MINIMUM STANDARDS a 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. 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 and shall not exceed a maximum of twenty-five (25) units per acre gross density. Any proposed development that contains over 25 units/acre shall provide an explanation of why the higher density would be appropriate and how the additional density would be mitigated. 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 should be devoted to open space, common areas or amenities. Rights-of-way and utility easements on individual lots shall not apply to open space calculations. If at least 20% open space cannot be achieved, the project may be required to provide additional amenities to those required in section 8.20 L. in order to mitigate the reduction in open space. Because all PUD projects are unique, the administrator 2 shall determine if additional amenities are required in relation to the amount of open space provided. 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 -Wood fencing shall have metal posts placed on the inside. 2. Walls - Stone, brick, split-faced block, or similar 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. All residential PUD's shall contain decorative fencing along adjacent arterial roadways and shall also contain language covering the long-term maintenance of the fencing. If wood fencing is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. 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 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. 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. 1. 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. 4 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 promote social interaction and help to create a sense of community. Common areas shall be provided throughout the development for the use and enjoyment of the residents of the surrounding area. 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) 2) 3) 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. 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. Amenities may be ( with a club house walking trails). e park/recreation areas. (i.e. pool basketball court, playground, and 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. 6) All amenities will have long-term maintenance requirements that should be considered by future Homeowners Associations. Appropriate language should be included that clearly states that maintenance shall be covered by the developer until the turnover date as described in Section 3.14 of the Subdivision Regulations. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures, and similar common elements in a Planned Unit Development. Said responsibilities and ownership of these areas shall be clearly articulated in the covenants for the development. 7) Amenities approved as a part of any PUD should be installed prior to the completion of the entire project. At least one (1) amenity shall be installed by the time 25% of the lots are developed and all amenities should be installed or completed prior to 75% of the lots being developed. No building permit shall be issued if a development does not meet these amenity requirements. 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, PEDESTRIAN BOULEVARDS, GREENS AND COURTS 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. 8.30 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. 6 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 ADVISORY COMMITTEE (TAC) 1. Prior to the Planning Commission Committee (TAC) shall review documentation. City of Owasso's Technical Advisory PUD proposal and all supporting 2. The TAC shall provide engineering, planning, an the developer regarding utilities, 3. All TAC comments shall be addressed by the developer prior to the PUD being reviewed by the Planning Commission or City Council. D. NEIGHBORHOOD MEETING A neighborhood meeting between the applicant and adjoining property owners is strongly encouraged to introduce the project and listen to any concerns of the citizens. If such a meeting is held, 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. Neighborhood meetings should be held at least 14 calendar days prior to the project being heard by the Planning Commission. It is also suggested that developers provide the Homeowners Associations of 1 surrounding neighborhoods with a copy of the proposed development plans. E. PLANNING COMMISSION The function of the Planning Commission is to listen to public concerns, afford the applicant or his or her designee an opportunity to make a formal presentation regarding the project, review the project for conformity with the requirements of this ordinance, and to offer suggestions regarding the project design as it relates to impacts to adjoining properties. It shall be the duty of the Planning Commission to review each PUD prior to consideration of the City Council. 7 At the Planning Commission meeting, the applicant or his or her designee shall be present and shall present a conceptual development plan and such other narrative or other graphic information pertinent to the City's initial review and evaluation of the potential of the Planned Unit Development proposed. At the Planning Commission meeting, the applicant or his or her designee and interested citizens will have the opportunity to discuss the merits of the Planned Unit Development proposal. The Planning Commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of the Staff, the applicant's presentation, and the community's response. The Planning Commission shall review each application using the following process. 1. Planning Commission Action a) The Planning Commission shall review each PUD application for conformity to this ordinance. The Planning Commission action shall follow the process identified in section 1330.3 of the Zoning Code. b) The Planning Commission shall study the into account the recommendations of t other applicable standards in this Ordin determines that the ordinance is not may make suggestions to the applica City Council as part of their report. from the general public, and engag project. ping and )osed PUD application, taking Laff, the review criteria and . If the Planning Commission et in certain areas, then they ansmit the suggestions to the ne NLanning Commission shall hear the developer in discussion of the c) The Planning Commission shall discuss any potential issues that they feel the project has and offer suggestions that may help the project meet the goals, purpose, and criteria identified in this chapter and this information shall be transmitted to the City Council. d) The Planning Commission shall have 90 days to act on a PUD application from the time of the submittal to the Community Development Department. If after 90 days the Planning Commission cannot render a decision with all requested documents and information provided by the applicant, the applicant may proceed to the City Council for consideration. Delays by the applicant in providing materials or documents to City staff shall not be counted towards the 90 days. Requests for changes and/or additional materials by the Planning Commission shall not be counted towards the 90 days. The 90 day review period shall only consist of time when an application is complete, the item placed on the agenda, and all requested materials or information have been provided. 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 expires. The City Council shall use the information provided by City staff, the recommendation from the Planning Commission, input from the public and the applicant to make a decision as 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. 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. 3. All conditions imposed by the Council shall become binding and shall be met before the project may proceed. 4 All planned development districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning districts map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the Community Development Department. M 9 PUD Process Pre-application meeting with Planning Submittal of application packet with fees Application reviewed and public hearing scheduled Notification prepared for newspaper and property posted with a sign Pre-Application Meeting with Planning Technical Advisory Committee v 0 N. ~ Planning Commission Hearing F City Council Hearing Staff review Final action and ordinance prepared 8.40 TIMELINE, EXPIRATION AND AMENDMENTS 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 consideration 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. PUD's are approved with underlying zoning. The underlining zoning of the site shall not expire, only the PUD overlay shall expire. D. CONFORMANCE WITH CURRENT REGULATIONS Expired PUD's shall be required to meet the most recently adopted regulations, ordinances, and development standards. E. 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 or an individual who has legal authority to sign documents on their behalf responsibly to ask for and sign the letter of extension. If no extension has been sought and granted, said PUD shall be considered expired. 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. 8.40.1 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. If amendments have been made, then a 11 determination shall be required as to whether or not said amendments constitute a major or minor plan change. A. MAJOR AMENDMENT A major amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. A major amendment shall proceed through the entire PUD process as outlined in this chapter. 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. Modifications from the previously approved PUD plan shall be deemed by the administrator to be a major amendment if said modifications cause one of the following to occur: 1. Increase the total number of dwelling units by more than ten percent (10%); 2. Reduce the amount of common open space by ten percent (10%) from what was originally approved; 3. Substantially change the location of any multi-family or non-residential areas as shown on the approved PUD Example: An approved 100 acre commercial, and 70 acres for r proposes to move the commerch then it would be deemed to be a i 4. Eliminate a proposed use that substantially changes the charactE Ns 20 acres for office, 10 acres for l single family. If the amendment 9 another location within the PUD, endment. as approved with the original PUD that of the project; 5. Change the location of the access points into the PUD or connections to adjoining residential development. Modifications in the location or design of minor streets, cut-de-sacs, alleys, or facilities for water and for disposal of stormwater and wastewater internal to the development shall not be considered as a major amendment; 6. Complete elimination of a recreational feature that was identified in the approved PUD, without replacing it with an in-kind feature. APPEAL 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 may defend his proposal. Appeals shall not require public notification. C. MINOR AMENDMENT Small changes that still meet the intent of the ordinance, do not increase the density in excess of 10%, are consistent with surrounding development, and do not 12 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. 1. Minor amendments shall be approved administratively. Depending upon the nature of the amendment, the Administrator may be require the PUD to go before the Technical Advisory Committee JAC). 8.50 CONCEPTUAL 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 8.2 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 f. Total acreage of the tract, total acreage of the proposed area to be improved, and acreage of open space g. Location and name of abutting subdivisions and City Limit Lines h. Wooded areas, wetlands, waterways, floodplain and floodway, ponds and other natural features i. General location of all proposed streets j. Proposed density of the development depicted in gross density figures (gross units per acre of the entire development) k. Location and identification of all land uses within the PUD shall be depicted. Identification of all amenity locations, detention areas, open space areas, etc. 3 1. General location of parking areas for non single-family areas m. Depiction of any proposed walking trails, pathways, and buffer yards, including fences n. Notation on the plan of how wide the buffer yards will be and how they will be landscaped o. Location and type of amenities provided 13 Figure 8.2 Acceptable Conceptual Development Plan B. CONCEPTUAL DEVELOPMENT PLAN AS THE PRELIMINARY PLAT Should a conceptual development 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 conceptual development 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. It is not required that the entire development be platted, only the portion the applicant intends to develop initially. Additionally, the conceptual site plan can be used as the actual site plan for the development if it has TAC comments that have been addressed. If the site plan is unchanged, additional TAC review will not be required. 8.50.1 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. 14 p. Overall project statement of proposed use and intent. q. List of the proposed land uses including residential densities r. List of all parties involved (applicant, owner, agent, plan preparer) s. 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. t. 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,. u. 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. v. 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. w. An anticipated timeline for development, which may include a phasing plan. x. The PUD's consistency with the Owasso Land Use Master Plan. Sections 8.50.2-8.59 Reserved . NN 15 0 d V OeT city Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Softball User Agreement DATE: December 7, 2012 BACKGROUND: For many years now the City of Owasso has taken the position that it will provide the venues for youth sports, but will not organize and operate them. In other words, the City builds the fields, but youth sports user groups handle registration, scheduling, concessions, and other organizational details. This has been a successful arrangement over the years. However, the tremendous growth of the community has created immense growth in youth sports participants, which has led to a growing investment in youth sports facilities. In 2010, the Quality of Life Initiative led to discussions about funding a build-out of the Sports Park or providing other youth sports venue improvements. Those discussions led to questions concerning the stewardship and care of existing youth sports fields and facilities, as well as the type of care that could be anticipated for future investments. Realizing that the City's youth sports user group agreements and contracts had either lapsed or lacked needed standards and requirements, staff began to seek ways to adjust current agreements in order to increase accountability on the part of the user groups regarding the maintenance and improvement of playing fields and transparency in the disclosure of financial information. In summary, City staff believes that bringing all sports facility user groups under a contractual agreement will allow the City to: 1) Enter into more structured agreements with sports facilities user group organizations 2) Achieve financial transparency in the operation of the City's sports venues 3) Achieve better fiduciary responsibility to the City's constituent taxpayers In December 2010, the City Council approved a user agreement for the operation of a youth baseball program utilizing city owned facilities. At that time, it was publicly discussed that staff intended to seek user agreements for youth softball. Later, the staff began developing a new user agreement for the City's softball facilities, using similar language from the baseball user agreement and information obtained during discussions with the current user group. On November 6, 2012, staff recommended the authorization for the City Manager to execute an agreement with the Owasso Girls Softball Association, for the purpose of managing City of Owasso softball facilities and activities. The item was tabled for further discussion at the next City Council Work Session. At the regularly scheduled City Council Work Session on November 13, 2012, councilors discussed and recommended the user agreement add additional language to include a mission statement, specifics on support of Owasso businesses, an increase in insurance coverage in an amount not less than Two Million Dollars ($2,000,000), and the requirement of a volunteer oversight Board of Directors committee. COMMENT: The Owasso Girls Softball Association (OGSA) has managed the City of Owasso softball facilities for more than 20 years. The past agreement with OGSA and the City has simply been a verbal understanding with no official written agreement. The City has had a good working relationship with the Owasso Girls Softball Association. Without the guidelines of a written agreement, the OGSA has a proven track record of organizing and operating softball leagues and tournaments in Owasso. It is the staff's opinion that affording the opportunity for the existing user group to manage City owned softball fields will provide consistency and continuity of administration and management. Staff believes that allowing the existing user group an opportunity to meet the requirements of a structured agreement will lead to continued stable administration of the City's youth softball program. PROPOSED USER AGREEMENT: The proposed user agreement between the City of Owasso and the Owasso Girls Softball Association includes specific requirements intended to define a clear understanding of the responsibilities of the user group. More importantly, this will create accountability to the taxpayers that their investment in youth softball fields will be reciprocated by the user group's commitment. The guidelines will assure mutually approved significant investments toward field maintenance and improvements to the venue while adhering to the Sports Park Master Plan. The proposed agreement has been reviewed by the Owasso Girls Softball Association and City representatives. The two year agreement requires the OGSA to create and supply to the City both short-term and long-term plans towards field maintenance and improvements. These submitted plans will be reviewed by City staff and accepted or revised considering financial ratios and overall master plan strategy for City of Owasso Sports Complex. Quarterly inspections will be conducted to ensure those plans are being followed and are on track. The OGSA will offer a recreational and competitive youth softball program. In addition, the Owasso Girls Softball Association will provide an annual financial report to the City detailing the organization's revenues, expenses, and disbursements. The agreement also outlines maintenance standards for the softball fields and requires bi-annual inspections to ensure the fields and facilities are maintained to the required standards. A copy of the proposed agreement is attached for your review and consideration. RECOMMENDATION: At the regularly scheduled City Council Meeting on December 18, 2012, staff intends to recommend authorization for the City Manager to execute an agreement with the Owasso Girls Softball Association for the purpose of managing City of Owasso softball facilities and activities. ATTACHMENT: Proposed Youth Softball User Agreement The City of Owasso is dedicated to promoting and maintaining the highest quality and enjoyable youth sports experience for players, parents, and coaches. Our mission is to teach the fundamentals of the game in a positive and safe environment with a strong focus on moral conduct, sportsmanship, and teamwork. The league strives to build self-esteem in young athletes to improve their abilities as players, but moreover as conscientious citizens. OWASSO GIRLS SOFTBALL ASSOCIATION MANAGEMENT USER AGREEMENT The parties to this Agreement shall be the City of Owasso, Oklahoma, a municipal corporation, ("the City") and Owasso Girls Softball Association ("OGSA"). 1. USER LICENSE: The City hereby grants a User License to OGSA for the administration and management of softball activities and for the use and maintenance of softball fields #1, #2, #3, #4, #5, and #6 at the Owasso Sports Park located 10320 E 116"' St N, Owasso, Oklahoma. In consideration for such User License, OGSA hereby agrees to the provisions of this Agreement. This Agreement may be terminated at any time by the City if OGSA materially breaches the terms of this Agreement. 2. BOARD OF DIRECTORS: OGSA will.be governed by a volunteer Board of Directors focused on the oversight of the association. A. Board members shall not let their personal interests interfere with the decisions they make as directors. All officers and directors will sign an agreement that provides an "arms length" relationship with any vendor doing business with the organization. No officer or director shall be a vendor of products or services to the organization. B. Officers of the board must be nominated and elected for a two (2) year term. C. Officers of the board may only serve for one (1) term. D. Staggered election of 50% of the officers will take place annually. 3. PERSONNEL: OGSA shall provide its own referees, umpires, and other necessary personnel. 4. SCHEDULE: OGSA shall submit a written schedule of the times and dates of all recreational league and tournament softball games and practices to the City PRIOR to the beginning of the softball season. Schedule changes shall be submitted to the City and placed on its website at least one (1) day before the scheduled game or practice. 5. WEBSITE: OGSA shall create and maintain a website providing current information to the public. The website shall be updated as necessary throughout the year to contain accurate and timely information. A. Included will be Owasso youth softball recreational and tournament information. B. OGSA will showcase "Buy Owasso" on their website and all appropriate marketing materials as well as list things to do in Owasso. C. OGSA agrees further to encourage its teams, tournament teams, and their families to utilize Owasso businesses by including a page with headings that list: 1. Hotels 2. Restaurants 3. Local Businesses D. Website will include a list of vendors identifying business address. 6. USER LEASE FEE: OGSA shall make improvements and invest a minimum of 5% of gross income in the softball facilities in lieu of lease fees. Inspections of facilities and improvements will be conducted quarterly with City staff. Documentation verifying improvement investments will be submitted before September 30t1i, December 31St, March 31St, and June 30th. Detailed documentation should include type of improvement, improvement cost, and benefit of improvement. Documentation should also include receipts and/or invoices. Failure to timely remit documentation shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 7. CONCESSION: OGSA may provide concessions during softball league season and at all tournaments at the softball fields at the Owasso Sports Park. 8. TOURNAMENT SCHEDULES: Tournament schedules shall be provided to the City by OGSA PRIOR to the beginning of the softball season. There will be no limitation on the number of players participating in the league. 9. PLAYER FEES: OGSA shall not change its current player fees for the duration of this Agreement without 60 days notice and approval from the City. A current fee schedule will be submitted to the City upon execution of agreement. Scholarships shall be provided by OGSA to players who meet that organization's criteria for financial hardship and need. OGSA shall annually provide to the City a list of all league and tournament player fees as well as the number of scholarships awarded by OGSA for that year. 10. ANNUAL FINANCIAL REPORTS: OGSA will comply with all IRS reports and forms applicable to their organization. OGSA shall provide an annual financial report or third party audit to the City detailing the organization's revenues, expenses and disbursements for that year. In addition, OGSA agrees to provide other financial documents as requested by the City's Finance Department staff. All financial documents, records, and detailed accounts of financial operations shall be open to the City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure by OGSA to provide annual financial reports in compliance with the provisions within this section shall constitute a material breach of the contract and may result in termination of the Agreement. 11. TERM: This Agreement shall become effective on the day of , 20 for a period of two (2) years. 12. GENERAL MAINTENANCE: OGSA shall be responsible for all routine maintenance and repairs of softball fields, bleachers, concession areas and any other facilities utilized during the softball season at the designated softball fields #1 through #6 at the Owasso Sports Complex with no charge to the City. OGSA shall also be responsible for the general clean-up and collection of trash and debris in and around all softball fields at the end of the last game each day and parking lots before the beginning of the first game on the following day. 13. MAINTENANCE STANDARDS: OGSA agrees to maintain the high quality of playing surfaces on all softball fields at Owasso Sports Park in good working order sufficient to ensure safety of the players, spectators, coaches, managers and all other officials and personnel at all times. A. Each softball field, as often as is needed, will have dirt added, will be sprayed for weeds, will be aerated and fertilized, will have dirt lips and buildups removed, and will be mowed and swept. B. Current conditions of fields do not comply with desired maintenance standards. The following conditions must be improved within the duration of this contract in the following areas: 1. Establish and maintain complete turf coverage within the playing field fences except for the areas intended to remain dirt. 2. Playing surfaces will be kept uniform and level to allow for proper drainage and player safety. All soil areas will be maintained with a quality soil. Regular field maintenance will be performed in such a way to avoid lip or ridge formation resulting from loose dirt being dragged or pushed into grass areas. 3. OGSA will mow all softball fields and grass areas inside of the softball fields and surrounding area. Mowing heights will be maintained between 3/4 inches and 2 %2 inches depending on season and variety of grass. 4. Edging should be performed on a regular basis as needed to provide consistent edges and lines. 5. Outfield fences will be kept free of any thatch that might impede drainage. 6. OGSA agrees to provide a long term maintenance program to the City for approval. 14. INSPECTION: All softball facilities will be in good working order on the date this contract becomes effective and will be inspected by both the City and OGSA before this Agreement shall be executed. The City retains the right to enter upon the softball fields and facilities at any time for inspection, maintenance, repairs or any other purpose related to this Agreement. The City will have the softball fields and facilities inspected quarterly for the duration of this contract year by an inspector possessing the requisite abilities, experience and technology to determine whether or not the softball fields and facilities are being maintained by OGSA in compliance with the specified maintenance standards. A written report detailing the results of each inspection shall be provided to the City and OGSA by the person performing the inspection. In the event any softball fields or facilities are not in compliance with the maintenance standards specified by this Agreement, the City shall provide an additional written Notice of Noncompliance to OGSA within five (5) business days from the date the inspection report is received by the City. The Notice of Noncompliance will state the specific nature and extent of each area of noncompliance and shall require OGSA to remedy the violation and become compliant in each area within a reasonable period of time to be negotiated with the OGSA but ultimately decided by the City. Failure to do so shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 15. IMPROVEMENTS OR EMERGENCY REPAIRS: The softball fields and facilities at Owasso Sports Park shall at all times remain the property of the City and no improvements or structures may be built upon the fields or facilities without written permission from the City. The City shall be responsible for all major repairs necessary at the Owasso Sports Park including, but not limited to, rest rooms, plumbing, parking lots, and general electrical issues. 16. RESTROOMS: The west most restroom facility will be considered the softball restrooms. OGSA may rekey locks to the west most restroom's breezeway, which contains the supplies, and if so shall provide a key to the City for its use. Keys to the west most restroom's breezeway shall not be provided to other parties without the approval of OGSA and City. OGSA will provide ample restroom supplies for the softball restrooms at the Owasso Sports Park. OGSA will stock and clean the softball facility restrooms prior to each softball game, including when both league and tournament play is scheduled to be played. If the restrooms are utilized by another party, that party will be responsible for cleaning and restocking the restroom supplies. 17. INSURANCE: OGSA shall maintain general liability insurance covering the premises and activities of the softball facilities and program at the Owasso Sports Park in an amount not less than Two Million Dollars ($2,000,000) and shall name the City as a co-insured. A copy of the policy shall be provided to the City Manager of the City of Owasso at the time this Agreement is executed. OGSA shall maintain the required insurance with an insurer carrying a Best's "A" or equivalent rating that is licensed and admitted to write and issue insurance policies in the State of Oklahoma. 18. INDEMNIFICATION: As partial consideration for this Agreement, OGSA 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 (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings, reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any aspect of the acts, omissions, negligence or misconduct of OGSA, its competitors, invitees, licensees, members, volunteers, representatives, employees, agents, officers, contractors or subcontractors, including but not limited to permitted uses of the fields and facilities, any injury or damage that occurs on or about the fields or facilities relating to softball activities, or OGSA's performance or failure to perform the terms and conditions of this Agreement. OGSA shall promptly notify the City of any serious injuries occurring on the fields or facilities and of any claim asserted by any individual. 19. LAWS: This Agreement shall be governed by the laws of the State of Oklahoma. Exclusive jurisdiction and venue for any action relating to this Agreement shall be solely in the District Court of Tulsa County, Oklahoma. 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, or other communications between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions herein, and the provisions of this Agreement are intended to be and shall be deemed severable. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date set forth below. Executed the day of )20 CITY OF OWASSO: Doug Bonebrake, Mayor Attest: Sherry Bishop City Clerk Approved as to Form: Julie Lombardi City Attorney and General Counsel OWASSO GIRLS SOFTBALL ASSOCIATION: O City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: Draft Resolution Relating to Audio Recording DATE: December 7, 2012 BACKGROUND: During the November Council woksession, there was a preliminary discussion of implementing an audio-recording policy for city sponsored meetings. After a short discussion, it was determined that the matter should be listed on the December worksession agenda for further discussion and staff submit a resolution for City Council consideration. Attached for your review are two memorandums previously submitted and a draft resolution that if adopted, would direct the City manager to implement audio recording and make the purchases necessary to install a system for recoding, streaming, and retrieval of public meeting of the City of Owasso. If you have comments or questions please contact me. ATTACHMENTS: 1. Draft Resolution 2. Memorandum Dated August 10, 2012 3. Memorandum Dated November 13, 2012 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DECLARING THE POLICY OF THE CITY COUNCIL IS TO AUDIO RECORD ALL MEETINGS OF THE OWASSO CITY COUNCIL; AND, DIRECTING THE CITY MANAGER TO IMPLEMENT SUCH POLICY. WHEREAS, The City Council is committed to open government and ensuring that the public is fully informed on the decision and discussions of their elected City Councilors; and, WHEREAS, It is the City Council's intention to improve governmental transparency; and, WHEREAS, Citizen access to discussions relating to public policy development and the adoption of public policy is beneficial to the public's interest; and, WHEREAS, the audio recording and access to public meetings provides valuable information to citizens who cannot attend City Council meetings; and, WHEREAS, audio recordings provide citizens convenient access to policy discussion via the city's webs-site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to wit: The intent of the Owasso City Council is to record all meetings of the Owasso City Council and make those recordings available to the public; and, That, the City manager is directed to plan, design, purchase, and install the equipment necessary to affect the audio recording and provide convenient access to those recordings; and, That, the completion of the planning, design, purchasing, and installation be completed and operational prior to DATED this day of , 2012 Mayor, Doug Bonebrake ATTEST: City Clerk, Sherry Bishop APPROVED AS TO FORM: City Attorney, Julie Lombardi ?The Cifi Wit out Lirnitr. TO: The Honorable Mayor and City Council 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 o 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: • Reduction of post-meeting preparation time for public documents by up to 80% • Save valuable taxpayer dollars by decreasing the labor cost for public information requests and reducing printed materials • 24/7 access to public information through intuitive web-based search and retrieval • Reduces bandwidth and storage requirements • Reduces file-transfer size for streaming multimedia capability • Provides security for the audio recordings 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 for discussion purposes only at this time. Further action will be at the discretion of the City Council. Apoft The City Without Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry D. White Support Services Director SUBJECT: Audio/Visual Report Additional Information Concerning Recording of City Council Meetings DATE: November 13, 2012 ADDITIONAL INFORMATION: After further investigation, staff discovered a possible method in which the current audio system used for City Council meetings could be used to publish audio recordings to a professional service. This method utilizes an audio capture device connected to a laptop computer which would then connect to the existing audio mixer board, internet, and network drive. The minute clerk would use a second laptop with a special software application in order to synchronize the recordings with the City Council agenda. This method would allow the current equipment to be recorded on a network drive. After the meeting the recording would be published for public use by a professional digital recording service. While this solution would still require a monthly fee for the service in the amount of approximately $200.00, the initial investment would be reduced to around $5,000.00 instead of the $9,000.00 cost originally anticipated for this process. OeT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: City Council Code of Ethics DATE: December 7, 2012 BACKGROUND: During the November 13, 2012 Council worksession, Councilor Moberly presented a draft document titled "City Council Code of Ethics and Conduct". The proposal was distributed to members of the City Council for their review. It was explained during the meeting that this item would be brought back to the December work session for discussion. In addition, Councilors were asked to submit any comments or suggested changes prior to the December worksession. To date, no comments have been received. An item has been included on the December worksession agenda for discussion related to the proposed City Council Code of Ethics and Conduct. ATTACHMENT: 1. Code of Ethics OWASSO CITY COUNCIL CODE OF ETHICS AND CONDUCT The citizens of the City of Owasso expect and are entitled to a local government that reflects uncompromising integrity and serves the public interest. The City of Owasso Code of Ethics and Conduct was implemented to clearly establish standards of conduct to govern the professional and relevant personal conduct of City Council members. Compliance with all Laws City Council members shall comply with the laws of the United States, the State of Oklahoma and the City of Owasso in the performance of their public duties. Such laws include but are not limited to: the United States and State of Oklahoma Constitutions, the City of Owasso Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, open meeting law, open records law, the City of Owasso Code of Ordinances and all policies adopted by the City Council. Integrity and Accuracy City Council members are expected to perform their duties with absolute integrity. No member of the City Council shall under any circumstances make a statement for any purpose that is known by the member to be inaccurate or intended to be misleading Conduct of Members It is acceptable and expected that City Council members may disagree about issues brought before the Council. However, it is not acceptable for any City Council member to make derogatory comments about other Council members, their opinions or their actions. City Council members shall refrain from exhibiting abusive conduct, personal allegations or verbal attacks upon the character or motives of other members of the City Council, members of City boards or commissions, the staff and the public. The professional and personal conduct of City Council members should be above reproach and shall avoid even the appearance of impropriety. City Council members should conduct their official and personal affairs in such a manner that does not in any way suggest that they may be improperly influenced in the performance of their official duties. City Council members shall, to the best of their ability, serve the citizens of the City of Owasso conscientiously and with honesty and impartiality. City Council members shall seek to perform their duties with diligence, efficiency and courtesy. Members of the City Council shall each make impartial decisions based upon consideration and analysis of the facts, circumstances, merits and laws of each case without taking into account their personal considerations or opinions. 1 Electronic Devices During Meetings In the spirit of the Open Meeting Act, and in furtherance of the City Council's commitment to conducting government business with as much transparency as possible, electronic devices belonging to a Councilor should be turned off or set on airplane mode during City Council meetings. Use of electronic devices by City Council members for talking, texting, email or otherwise during City Council meetings is, except for emergency communications, prohibited. It is the City Council's intent to prohibit electronic communications between members of the Council and other persons during City Council meetings. Prohibiting communications of this type enables the Council to operate with maximum transparency and allows Council members to avoid any appearance or perception of engaging in discussions or deliberations not open to the public during City Council meetings. Respect for Process City Council members shall perform their duties with the processes and rules of order established by the City Council. Upon a "Call to Order" of the City Council meeting, Councilors will respect that a meeting is in progress and recognize that it is inappropriate to temporarily exit the meeting unless a recess or adjournment has been called by the mayor. Public Meetings City Council members have the right to endorse candidates for all City Council seats and other elected offices. However, it is inappropriate to mention endorsements during City Council meetings or other official City meetings or hearings. Members of the City Council shall not provide testimonials or endorsements that identify themselves as City Council members. Such remarks should make clear that they in no way reflect the official position of the City Council or the City of Owasso. City Council members shall prepare themselves for discussions of public issues brought before the City Council. City Council members shall listen courteously and attentively to all discussion and comment on the issue by the public, City staff and other City Council members. City Council members shall refrain from interrupting other speakers unless compelled to do so to ensure compliance with City Council policies or processes for public meetings and shall additionally refrain from interfering with the orderly conduct of City Council meetings. Impartiality All City Council meetings and hearings shall be conducted fairly and impartially. City Council members shall not show favoritism in carrying out the City's business. The receipt of campaign contributions should not in any circumstance constitute a basis for preferential treatment. 2 Acting in the Public Interest Stewardship of the public interest is the primary goal and concern of each member of the City Council. Therefore, City Council members will work together for the common good of the citizens of Owasso and not for any private or personal interest, and City Council members will strive to assure fair and equal treatment of all persons, claims, issues or transactions brought before the Owasso City Council. Conflict of Interest Any member of the City Council who has a conflict of interest, financial or otherwise, in any matter brought before the City Council for consideration or action shall declare and disclose the conflict of interest to the City Council and shall not participate in discussion or voting on the matter. A conflict of interest shall be defined as a statutory conflict of interest or any situation, circumstance or financial interest that has the potential, in the City Councilor's opinion and judgment, to interfere with the proper exercise of public d uty. The minutes of a meeting wherein a declaration of a conflict was made shall not record a vote on behalf of a City Council member who leaves the room during discussion and voting upon the issue. The minutes of such meeting shall, however, record a "no" vote if the City Council member remains in the room and abstains from voting, such recordation being in accordance with Oklahoma State Law and the Owasso Code of Ordinances. Gifts and Favors City Council members shall not directly or indirectly solicit, receive or accept any gift if 1) a reasonable inference could be drawn that the gift was intended to influence them in the performance of their official duties, or, 2) the gift is intended to serve as a reward or in appreciation of any official action taken by the City Council member. City Council members shall not solicit or accept any gifts, favors or promises of future benefits which might compromise the independent judgment and action or which might give the appearance of being compromised. City Council members shall not take special advantage of services or opportunities for personal gain, by virtue of their public offices, that are not available to the public in general. Political Advocacy City Council members shall not utilize the City's name or seal for purposes of endorsing any political candidate, business, program or other entity or activity unless brought to a vote before the City Council and approved by a majority of the seated Council members. 3 Political Fundraising Activities No City Council member shall use his or her position, authority or influence, whether actually possessed or anticipated, to interfere with or affect the results of an election or to obtain a political or other type contribution. City Council members shall not use or attempt to use any political endorsement in connection with any appointment to any City board or commission. These rules are not intended to preclude City Council members from political fundraising activities, but to ensure that these activities are undertaken only at private initiative and expenses in their role as private citizens and thus do not reflect upon the official activities of the City. Communication City Council members shall publicly share substantive information that is relevant to a matter under consideration by the City Council which was received by the Council member from sources external to the public decision-making process. Confidential Information City Council members shall respect and preserve the confidentiality of information concerning affairs of the City. City Council members shall neither disclose confidential information without proper legal authorization nor use such information in any way to advance or further their personal, financial or private matters. Advocacy City Council members shall represent the official policies or positions of the City Council to the best of their ability when designated as delegates or representatives of the City. If a City Council member acting as a delegate or representative of the City presents their personal opinions or positions on such an issue the member shall explicitly state that their comments do not represent the City of Owasso or the City Council. Policy Role of City Council Members City Council members shall respect and adhere to the Council-Manager form of municipal government implemented in the City of Owasso through its charter and as outlined in Title 11 of the Oklahoma Statutes. The Council-Manager form of government requires the City Council to determine all matters of policy for the City of Owasso with the advice, information and analysis provided by City staff, the public and other City boards and commissions. Additionally, the Council-Manager form of municipal government establishes that the City Manager shall be responsible for all administrative functions of the City. Accordingly, City Council members shall not 4 interfere with or impair the ability of the City Manager and other City staff to determine and implement administrative matters. Implementation of Code of Ethics and Conduct This Code of Ethics and Conduct is intended to be self-enforcing by members of the City Council. City Council members shall be thoroughly familiar with this Code and shall make every effort to embrace its provisions. The Code of Ethics and Conduct shall be included in the orientation training for newly elected City Council members. All City Council members shall sign a statement affirming they have read and understand the City of Owasso Code of Ethics and Conduct. 5 0 The City g~ V Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Settlement Conference in Alysia Mazzanti v. The City of Owasso and proposed Resolution 2012-13 DATE: December 7, 2012 BACKGROUND: This is an employment law action in which the Plaintiff claims she was unlawfully terminated by the City of Owasso. Specifically, the Plaintiff contends that her termination violated The Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and the Oklahoma Anti- Discrimination Act. Plaintiff additionally alleges that she was subjected to a hostile work environment, that harassment was inflicted upon her and that she incurred retaliation when she made complaints regarding her work environment. The Federal Code of Civil Procedure 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 by the Court to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. The Court has issued an order in this case scheduling a settlement conference for the Plaintiff, the Defendant and their respective attorneys on February 11, 2013, at 1:30 p.m. at the federal courthouse, and has compelled attendance and participation by all parties. Consequently, it is necessary for the City of Owasso to designate a representative to attend the settlement conference on behalf of the City and to additionally confer full and final settlement authority in this litigation upon that representative. PROPOSED ACTION: Approval of proposed Resolution 2012-13 conferring full and final settlement authority upon the City Manager and additionally designating the City Manager as the City's representative at the scheduled settlement conference. RECOMMENDATION: Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's authorized settlement representative for the settlement conference in the case of Alysia Mazzanti v. City of Owasso, and additionally confer full and final settlement authority upon the City Manager in this matter through approval of proposed Resolution 2012-13 memorializing the same. ATTACHMENTS: A. Proposed Resolution 2012-14 B. Settlement Conference Order OWASSO CITY COUNCIL RESOLUTION NO. 2012-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED TO BE HELD ON FEBRUARY 11, 2013, IN THE LITIGATION STYLED, ALYSIA MAZZANTI vs. CITY OF OWASSO, 12CV-022-GKF-PJC, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER. WHEREAS: The City of Owasso is a Defendant in litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Alysia Mazzanti v. City of Owasso, United States District Court for the Northern District of Oklahoma, Case No. 12-CV-022-GKF-PJC, and, WHEREAS: The Defendant has been ordered to attend a settlement conference by the Court to occur on the 11th day of February, 2013, at the United States Courthouse in Tulsa, Oklahoma, and to bring an authorized representative possessing full and final settlement authority to be used at his or her discretion during the settlement conference, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager, Rodney J. Ray, and additionally designate the City Manager as the City's representative for the settlement conference, 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 for the City of Owasso for purposes of the above-described settlement conference, 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 in the above-styled litigation matter. APPROVED AND ADOPTED this 1 Sth day of December, 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 This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court U.S. District Court for the Northern District of Oklahoma Notice of Electronic Filing The following transaction was entered on 10/19/2012 at 1:15 PM CDT and filed on 10/19/2012 Case Name: Mazzanti v. City of Owasso Case Number: 4:12-cv-00022-GKF-PJC Filer: Document Number: 16 Docket Text: SETTLEMENT CONFERENCE ORDER by Magistrate Judge Frank H McCarthy, setting/resetting deadline(s)/hearing(s): ( Settlement Conference set for 2/11/2013 at 01:30 PM before Magistrate Judge Frank H McCarthy) ®cm, Dpty Clk) 4:12-cv-00022-GKF-PJC Notice has been electronically mailed to: Jonathan Everett Shook jshookgshookjohnson.com, shookjeksbcrlobal.net Keith A Wilkes kwilkesgnewtonoconnor.com, eandrewgnewtonoconnor.com 4:12-cv-00022-GKF-PJC Notice has not been electronically mailed to: The following document(s) are associated with this transaction: Document description: Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1058978411 [Date=10/19/2012] [FileNumber=1330988- 0][af78e7b57b3ca6fda3acc30ld9cl9ab55bf829222198ee24dce78eaaf8bca7936a 682face9ecacd6e5577127ec568dab457d3d3bef7b4aOfbl8cll39a6b456df]] 0 The CitM# - V y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Mediation in City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al. and proposed Resolution 2012-15 DATE: December 7, 2012 BACKGROUND: On August 24, 2012, the City of Owasso initiated condemnation proceedings against Lee DeBoer, Dale DeBoer and Shirley Hess to obtain Right-of-Way along 86th Street North between Main Street and Memorial Road as a part of the 86th Street North road widening project. City staff attempted to negotiate a purchase of the landowners' property prior to seeking authorization from the City Council to obtain the land through condemnation but was unable to do so. The property was inspected and appraised by three Commissioners appointed by the Court who assessed the value of the land at $90,000. The City of Owasso deposited the amount of the Commissioners' Award, plus applicable fees and poundage, with the Court on October 29, 2012, and took possession of the property shortly thereafter. On November 6, 2012, the landowners' attorney filed a demand for a jury trial in this matter and on November 14, 2012, additionally filed an exception protesting both the taking of the land and the Commissioners' Award. The landowners' attorney recently contacted staff proposing that the parties voluntarily participate in mediation to determination whether or not a mutually acceptable agreement can be negotiated. Staff is inclined to accede to this request for several reasons. First, it is likely that the Court will eventually order the parties to mediate the issues in this case at a later date. Voluntary participation in mediation early in the litigation process possibly enables the City to avoid incurring significant fees for expert witnesses and other costs required to prepare a case for jury trial. Second, the landowners' attorney has agreed to utilize Dispute Resolution Consultants ("DRC") in Tulsa, Oklahoma for the mediation process. The City has participated in several mediations over the past few years conducted by this firm and has found DRC's mediators to be unbiased, knowledgeable in this area of the law and skillful in negotiating agreements between opposing parties. For these reasons, staff believes it is beneficial to the City to participate in early mediation with the landowners in an effort to resolve this matter rather than immediately retaining expert witnesses and scheduling depositions in preparation for a jury trial. The Court has not scheduled a trial date in this case and the City's position is in no way harmed or compromised by participation in the early mediation process even if it is ultimately unsuccessful in resolving the matter. Mediation is quite similar to the procedures utilized in mandatory settlement conferences by the federal court system in both process and requirements. As with settlement conferences, both the Plaintiff and the Defendants must designate and authorize a representative to attend the mediation on their behalf who is endowed with full, final and complete settlement authority. As always, no party is compelled to agree to a settlement but a representative with full authority must be present during the mediation. PROPOSED ACTION: Approval of proposed Resolution 2012-15 conferring full, final and complete settlement authority upon the City Manager and additionally designating the City Manager as the City's representative for purposes of mediation. RECOMMENDATION: Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's authorized settlement representative for mediation in the case of City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al., and additionally confer full, final and complete settlement authority upon the City Manager in this matter through approval of proposed Resolution 2012-15 memorializing the some. ATTACHMENT: Proposed Resolution 2012-15 OWASSO CITY COUNCIL RESOLUTION NO. 2012-15 A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR MEDIATION IN THE CONDEMNATION ACTION STYLED CITY OF OWASSO vs. LEE DEBOER, DALE DEBOER, SHIRLEY HESS et al., CV-2012-1064, JUDGE MARY F. FITZGERALD, AND ADDITIONALLY GRANTING FULL, FINAL AND COMPLETE SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER. WHEREAS: The City of Owasso is the Plaintiff in a condemnation action currently filed in the District Court of Tulsa County captioned as City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al., District Court of Tulsa County, Case No. CV-2012- 1064, Judge Mary F. Fitzgerald, and, WHEREAS: The parties to this litigation have agreed to mediate this matter and the City of Owasso is required to bring an authorized representative possessing full, final and complete settlement authority to be used at his or her discretion during mediation, and, WHEREAS: The City of Owasso wishes to vest full, final and complete settlement authority in the City Manager, Rodney J. Ray, and additionally designate the City Manager as the City's representative in the 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 for the City of Owasso for purposes of mediation, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full, final and complete settlement authority on behalf of the City of Owasso in the above-styled litigation matter. APPROVED AND ADOPTED this 18th day of December, 2012, by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor Attest: Approved As To Form: Sherry Bishop, City Clerk Julie T. Lombardi, City Attorney