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Home My WebLink About2013.01.08_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL k-V TYPE OF MEETING: Regular !:,JAN E? 2013 DATE: January 8, 2013 TIME: 6:30 p.m. r': ~:IPr1C'S~7ffiC`? PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, January 4, 2013. , Sherry Bishop, ity Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Melinda Foster of the Opentable United Church of Christ 3. Flag Salute 4. Roll Call 5. Presentation of the Mayor's Proclamation Mayor Bonebrake The Mayor will present a proclamation declaring January 1 1 through January 13, 2013 as Human Trafficking Awareness Weekend in the City of Owasso. 6. Presentation of the Character Trait of Orderliness Michele Dempster, Character Council Member 7. Consideration and appropriate action relating to a request for City Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the December 18, 2012 Regular Meeting Attachment # 7-A B. Approval of Claims Attachment # 7-B C. Approval to declare one (1) 2002 Chevrolet Monte Carlo as surplus to the needs of the City of Owasso and authorize auctioning on eBay Attachment # 7-C Owasso City Council January 8, 2013 Page 2 D. Approval of Ordinance No. 1018 an ordinance approving zoning application number OZ-12-05 changing the zoning of property located in the Southwest Quarter of Section 8, Township 21 North, Range 14 East, Tulsa County, Oklahoma, from an AG (agricultural) District to a CS (commercial shopping) District, and repealing all Ordinances or parts of Ordinances in conflict herewith Attachment # 7-D Approval of Ordinance No. 1019 an ordinance approving zoning application number OZ-12-06 changing the zoning of property located in the Southeast Quarter of Section 30, Township 21 North, Range 14 East, Tulsa County, Oklahoma, from an OL (office light) District to a CS (commercial shopping) District, and repealing all Ordinances or parts of Ordinances in conflict herewith Attachment #7-E 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Approval of Ordinance No. 1020 an ordinance amending the City of Owasso Zoning Code as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Sub-Chapter 8, Planned Unit Developments and Overlay Districts Karl Fritschen Attachment #9 Staff recommends approval of Ordinance No. 1020. 10. Consideration and appropriate action relating to an agreement with the Owasso Girls Softball Association, for the purpose of managing city softball facilities and activities Larry Langford Attachment #10 Staff recommends approval of an agreement with the Owasso Girls Softball Association and authorization for the City Manager to execute the agreement. 11. Report from City Manager Annual Strong Neighborhood Initiative Report Public Works Monthly Status Report 12. Report from City Attorney 13. Report from City Councilors 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 15. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 18, 2012 The Owasso City Council met in regular session on Tuesday, December 18, 2012 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, December 14, 2012. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2 INVOCATION The invocation was offered by Pastor Ted Johnson of the Bible Church of Owasso ITEM 3 FLAG SALUTE Councilor Brown led the flag salute ITEM 4 ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor Chris Kelley, Vice Mayor Charlie Brown, Councilor Jeri Moberly, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5 Notification of the receipt and filing of the City's annual financial statement audit for the fiscal year ended June 30, 2012 ITEM 6 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the December 4, 2012 Regular Meeting and the December 11, 2012 Joint Special Meeting B. Approval of Claims C. Acknowledge Receipt of the Monthly Budget Status Report D. Acceptance of "Agreements for Urban Engineering Services" for Utilities and Infrastructure for 9inetyEight Apartments Development, Khoury Engineering, Inc. E. Acceptance of Sidewalk at Offices at Preston Lakes F. Acceptance of Sidewalk and Fire Hydrant Improvements at Christian Brothers Automotive G. Acceptance of Concrete Approach, Sidewalks, and Waterline Improvements at Lakeridge Shopping Center Owasso City Council December 18, 2012 Mr. Brown moved, seconded by Ms. Moberly to approve the Consent Agenda including claims totaling $289,675.82. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 12/01/12. YEA: Brown, Ross, Kelley, Moberly, Bonebrake NAY: None Motion carried 5-0 ITEM 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required. ITEM 8 THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING CITIZEN COMMENTS AND INPUT RELATING TO THE PROPOSED ZONING CODE TEXT AMENDMENT, PLANNED UNIT DEVELOPMENTS, OF THE OWASSO ZONING CODE Karl Fritschen presented the item recommending City Council conduct a public hearing for the purpose of receiving comments and citizen input regarding a recommendation from City staff to amend Chapter 8, Planned Unit Developments, of the Owasso Zoning Code. Mayor Bonebrake opened the public hearing at 6:38 p.m. and closed the public hearing at 6:38 p.m. with no comments received. ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AUTHORIZATION OF AN AGREEMENT WITH THE OWASSO GIRLS SOFTBALL ASSOCIATION, FOR THE PURPOSE OF MANAGING THE CITY SOFTBALL FACILITIES AND ACTIVITIES Larry Langford presented the item recommending approval of an agreement with the Owasso Girls Softball Association. After discussion, Mr. Ross moved, seconded by Dr. Kelley to table the item to the January 8, 2013 meeting. YEA: Moberly, Brown, Ross, Kelley, Bonebrake NAY: None Motion carried 5-0 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF A CONTRACT AWARD FOR THE THREE LAKES CHANNEL REPAIR PROJECT Daniel Dearing presented the item recommending approval of a construction contract to Tri- Star Construction, LLC, for the Three Lakes Channel improvements in the amount of $623,882.25. After discussion, Ms. Moberly moved, seconded by Mr. Ross to approve the contract, as recommended. YEA: Kelley, Ross, Moberly, Brown, Bonebrake NAY: None Motion carried 5-0 Owasso City Council December 18, 2012 ITEM 1 1 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL TO PURCHASE A NEW AMBULANCE Chief Chris Garrett presented the item recommending approval to purchase one (1) new ambulance chassis from Frontier International Trucks of Tulsa, Oklahoma in the amount of $58,412.96, and one (1) new ambulance module from Excellance Incorporated of Madison, Alabama in the amount of $186,128.88 for a total chassis and module cost of $244,541.84. After discussion, Mr. Ross moved, seconded by Ms. Moberly to approve the purchase, as recommended. YEA: Ross, Brown, Moberly, Kelley, Bonebrake NAY: None Motion carried 5-0 ITEM 12 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF OZ 12- 05 REZONING APPROXIMATELY 8.28 ACRES OF LAND AT THE NORTHEAST CORNER OF 106TH STREET NORTH AND NORTH GARNETT ROAD FROM AG TO CS Bronce Stephenson presented the item recommending approval of OZ 12-05. After discussion, Mr. Brown moved, seconded by Mr. Ross to approve OZ 12-05, as recommended. YEA: Brown, Moberly, Kelley, Ross, Bonebrake NAY: None Motion carried 5-0 ITEM 13 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF OZ 12- 06 REZONING APPROXIMATELY 0.32 ACRES OF PROPERTY LOCATED AT 202 EAST 1sT STREET Bronce Stephenson presented the item recommending approval of OZ 12-06. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve OZ 12-06, as recommended. YEA: Moberly, Brown, Ross, Kelley, Bonebrake NAY: None Motion carried 5-0 ITEM 14 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF RESOLUTION NO. 2012-14, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT AUTHORITY REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED TO BE HELD ON FEBRUARY 11, 2013, IN LITIGATION STYLED, ALYSIA MAZZANTI VS. CITY OF OWASSO, 12CV-0220GKF-PJC, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER Julie Lombardi presented the item recommending approval of Resolution No. 2012-14. After discussion, Dr. Kelley moved, seconded by Ms. Moberly to approve Resolution 2012-14, as recommended. YEA: Moberly, Brown, Ross, Kelley, Bonebrake NAY: None Motion carried 5-0 3 Owasso City Council December 18, 2012 ITEM 15 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF RESOLUTION NO. 2012-15, DESIGNATING THE CITY MANAGER AS THE SETTLMENT 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 Julie Lombardi presented the item recommending approval of Resolution No. 2012-15. After discussion, Mr. Ross moved, seconded by Ms. Moberly to approve Resolution No. 2012-15, as recommended. YEA: Ross, Kelley, Moberly, Brown, Bonebrake NAY: None Motion carried 5-0 ITEM 16 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF RESOLUTION NO. 2012-17, ESTABLISHING A CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED CITY COUNCIL MEMBERS Councilor Moberly presented the item recommending approval of Resolution No. 2012-17, establishing a Code of Ethics and Conduct for Elected and Appointed City Council Members. After discussion, Dr. Kelley moved, seconded by Mr. Brown to approve Resolution No. 2012-17 with the addition of two words, "and gestures" under the heading, Conduct of Members. YEA: Kelley, Moberly, Brown, Ross, Bonebrake NAY: None Motion carried 5-0. ITEM 17 CONSIDERATION AND APPROPRATE ACTION RELATING TO THE APPROVAL OF RESOLUTUION NO. 2012-16, DECLARING A POLICY TO AUDIO RECORD ALL MEETINGS OF THE OWASSO CITY COUNCIL AND THE OWASSO PLANNING COMMISSION; AND DIRECTING THE CITY MANAGER TO IMPLEMENT SUCH POLICY Councilor Charlie Brown presented the item recommending approval of Resolution No. 2012-16, declaring a policy to audio record all meetings of the Owasso City Council and the Owasso Planning Commission. After discussion, Mr. Ross moved, seconded by Mr. Brown to table the item to the January 15, 2013 meeting. YEA: Moberly, Brown, Ross, NAY: Kelley, Bonebrake Motion carried 3-2. ITEM 18 DISCUSSION RELATING TO THE FORMATION OF COMMITTEES Councilor Brown addressed the Council regarding the formation of committees as referenced in the City Charter and Ordinance No. 347, Section 4-118, Special Committees. Mayor Bonebrake asked Julie Lombardi, City Attorney, to present an overview at an upcoming work session in 2013. ITEM 19 REPORT FROM CITY MANAGER No Report Owasso City Council ITEM 14 REPORT FROM CITY ATTORNEY No Report ITEM 15 REPORT FROM CITY COUNCILORS No Report ITEM 16 NEW BUSINESS None ITEM 17 ADJOURNMENT Mr. Ross moved, seconded by Mr. Brown, to adjourn the meeting. YEA: Brown, Ross, Moberly, Kelley, Bonebrake NAY: None Motion carried 5-0 and the meeting was adjourned at 8:04 p.m. December 18, 2012 Doug Bonebrake, Mayor Ashley Hickman, Minute Clerk 5 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL TREASURER PETTY CASH CC REFUND/LANDER 50.00 TREASURER PETTY CASH CC REFUND/BYRNE 50.00 TREASURER PETTY CASH CC REFUND/SHAMBROOK 50.00 TREASURER PETTY CASH OC REFUND/BROWN 100.00 TREASURER PETTY CASH CC REFUND/FRANKLIN 50.00 TREASURER PETTY CASH CC REFUND/ROBINSON 50.00 TREASURER PETTY CASH CC REFUND/HOLSAPPLE 50.00 TREASURER PETTY CASH CC REFUND/MCCLINTOCK 100.00 TOTAL GENERAL 500.00 MUNICIPAL COURT JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 8.99 CHARLES N. ROMANS BAILIFF SERVICES 210.00 YOUTH SERVICES OF TULSA YOUTH SERVICES 3,750.00 TOTAL MUNICIPAL COURT 3,968.99 MANAGERIAL JPMORGAN CHASE BANK MEETING EXPENSE 39.99 JPMORGAN CHASE BANK COUNCIL WORK SESSION 49.93 JPMORGAN CHASE BANK MEETING EXPENSE 38.47 JPMORGAN CHASE BANK AUDIT COMMITTEE MTG EXP 15.16 JPMORGAN CHASE BANK GEAR-LONGEVITY JACKETS 618.22 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 53.54 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 25.00 JPMORGAN CHASE BANK MEETING EXPENSE 16.87 JPMORGAN CHASE BANK OK BAR ASSOC-DUES 275.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 75.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 5.65 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 25.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 197.48 JPMORGAN CHASE BANK BAILEY RANCH-EMPL APPREC 27.70 JPMORGAN CHASE BANK SCOREBOARD-EMBROIDERY 230.00 JPMORGAN CHASE BANK CMAO-WINTER CONFERENCE 275.00 JPMORGAN CHASE BANK MAINSTREET DESIGN-SUPPLIE 348.00 JPMORGAN CHASE BANK CMAO-DUES/BISHOP 444.00 TREASURER PETTY CASH EMPLOYEE APPRECIATION 100.00 TREASURER PETTY CASH CHAMBER LUNCHEON 10.00 JPMORGAN CHASE BANK FEDEX-OFFICE SUPPLIES 68.53 BAILEY RANCH GOLF CLUB COUNCIL WORKSESSION 24.00 CUSTOM CRAFT AWARDS, INC. ENGRAVING - EMPLOYEE APPR 130.00 CUSTOM CRAFT AWARDS, INC. ENGRAVING - EMPLOYEE APPR 200.00 SAV-ON PRINTING & SIGNS LLC PRINTING - COUNCIL TABS 395.00 TOTAL MANAGERIAL 3,687.54 FINANCE JPMORGAN CHASE BANK AMER PAYROLL ASSOC-DUES 219.00 COLE & REED, P.C. PROFESSIONAL FEES - AUDIT 9,350.00 Page 1 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amount FINANCE... CRAWFORD & ASSOCIATES, P.C. PROFESSIONAL SERVICES 4,474.30 TOTAL FINANCE 14,043.30 HUMAN RESOURCES JPMORGAN CHASE BANK OFFICE DEPOT-RETURNS -36.00 JPMORGAN CHASE BANK SGR-MEMBERSHIP DUES 175.00 JPMORGAN CHASE BANK CLAREMORE DAILY-ADVERTISE 92.17 JPMORGAN CHASE BANK CHARACTER-BULLETINS 557.20 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 22.30 JPMORGAN CHASE BANK AMAZON-EMP DEVELOP BOOK 99.98 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 GLOBAL COMPLIANCE SERVICES, INC SILENT WHISTLE 1,500.00 JRW INC DBA/FINANCIAL EQUIPMENT CO. FOLDING MACHINE 250.00 TULSA TECHNOLOGY CENTER 2012 BLOOD BORNE PATHOGEN 300.00 EQUAL OPPORTUNITY COUNCIL, INC ADVERTISING 200.00 TREASURER PETTY CASH CHAMBER LUNCHEON 10.00 JPMORGAN CHASE BANK LOWES-ROUTER BIT 16.68 JPMORGAN CHASE BANK WMS CTR PARKING-PRK FEE 8.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 36.00 JPMORGAN CHASE BANK CHARACTER CALENDARS 33.27 TOTAL HUMAN RESOURCES 3,491.60 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 163.20 TOTAL HR - CHARACTER INITIATIVE 163.20 GENERAL GOVERNMENT JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 32.94 MAILROOM FINANCE INC POSTAGE 1,000.00 AT&T CONSOLIDATED PHONE BILL 734.40 RICOH USA, INC. COPIER SERVICE 372.90 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - GENERAL/LOMBARDI 235.00 JPMORGAN CHASE BANK SAV ON PRINTING-ENVELOPES 320.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 32.94 CINTAS CORPORATION CARPET CLEANING 48.17 COMMUNITY PUBLISHERS INC PUBLISH NOTICES 140.00 TOTAL GENERAL GOVERNMENT 2,916.35 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK SAV ON PRINTING-SUPPLIES 75.00 SPRINT SPRINT CARDS 39.99 TREASURER PETTY CASH RECORDING FEE 23.00 TREASURER PETTY CASH PARKING FEE 6.00 TOTAL COMMUNITY DEVELOPMENT 143.99 ENGINEERING TREASURER PETTY CASH TRAVEL REIMB/BARGAS 11.19 TREASURER PETTY CASH I FLOODPLAIN APP FEE 50.00 Page 2 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni ENGINEERING... JPMORGAN CHASE BANK ARC-PLOTTER CARTRIDGE 97.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 86.38 UNIFIRST HOLDINGS LP UNIFORM RENTAL 23.62 UNIFIRST HOLDINGS LP UNIFORM RENTAL 23.62 OKLAHOMA FLOODPLAIN MANAGERS 2013 MEMBERSHIP DUES 50.00 TOTAL ENGINEERING 341.81 INFORMATION TECHNOLOGY SPRINT SPRINT CARDS 39.99 JPMORGAN CHASE BANK COX-CITY INTERNET 1,550.00 USA MOBILITY WIRELESS, INC PAGER USE 8.70 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 163.96 TOTAL INFORMATION TECHNOLOGY 1,762.65 SUPPORT SERVICES JPMORGAN CHASE BANK ALL BATTERY-BATTERIES 77.88 AT&T CONSOLIDATED PHONE BILL 65.85 TREASURER PETTY CASH PARKING FEE 3.00 JPMORGAN CHASE BANK PREFER BUS-PRINTER REPAIR 364.45 JPMORGAN CHASE BANK PREF BUSINESS-COPIER MAIN 110.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 3.79 JPMORGAN CHASE BANK CHARACTER CALENDARS 11.09 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 9.48 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 6.13 JPMORGAN CHASE BANK HOME DEPOT-ICE MELT 33.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 8.95 JPMORGAN CHASE BANK LOWES-SUPPLIES 41.13 JPMORGAN CHASE BANK LOWES-PAINT 4.97 JPMORGAN CHASE BANK LOCKE SUPPLY-SUPPLIES 14.84 JPMORGAN CHASE BANK AP CLEANER-SUPPLIES 90.00 JPMORGAN CHASE BANK CHEMTREAT-CHEMICALS 439.98 SPRINT SPRINT CARDS 79.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 23.67 JPMORGAN CHASE BANK LOCKE-CONDENSING COIL 22.00 JPMORGAN CHASE BANK CARRIER COMM'L-A/C UNIT 4,465.00 JPMORGAN CHASE BANK TULSA WORLD-ADVERTISING 144.36 JPMORGAN CHASE BANK LOWES-ICE MELT 89.80 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 4.49 TOTAL SUPPORT SERVICES 6,114.82 CEMETERY L & B DIRT PIT DIRT FOR CEMETERY 45.00 JPMORGAN CHASE BANK ATWOODS-WHEEL 16.99 BECKY S. WILSON PURCHASE CEMETERY SPACES 600.00 TOTAL CEMETERY 661.99 POLICE SERVICES JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 119.14 Page 3 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... AT&T CONSOLIDATED PHONE BILL 469.28 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 124.64 TREASURER PETTY CASH FUEL/BARNES 25.00 TREASURER PETTY CASH NOTARYNINSON 20.00 JPMORGAN CHASE BANK ADV FILING SYS-SUPPLIES 47.06 JPMORGAN CHASE BANK OWASSO ALL-BATTERIES 8.40 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 5.79 JPMORGAN CHASE BANK THOMSON-CLEAR ACCESS 8.67 JPMORGAN CHASE BANK THOMSON-CLEAR ACCESS 168.30 JPMORGAN CHASE BANK ULTRAMAX-AMMUNITION 2,770.00 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 1,089.85 JPMORGAN CHASE BANK TAPE-MEMBERSHIP FEE 50.00 JPMORGAN CHASE BANK US CALVARY-APPAREL 44.49 JPMORGAN CHASE BANK ZEBRA TECH-BARCODE LABELS 73.56 JPMORGAN CHASE BANK MURRAY WOMBLE-REPAIRS 25.00 JPMORGAN CHASE BANK GLOCK-SUPPLIES 67.00 JPMORGAN CHASE BANK QUIKSERVICE-AMMUNITION 232.58 JPMORGAN CHASE BANK GT DISTRIB-CARTRIDGES 144.75 JPMORGAN CHASE BANK ULTRAMAX-AMMUNITION 12,789.35 USA MOBILITY WIRELESS, INC PAGER USE 70.10 TOTAL POLICE SERVICES 18,352.96 POLICE COMMUNICATIONS JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 23.25 LANGUAGE LINE SERVICES NOV TRANSLATION SERVICES 29.40 DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE 450.00 JPMORGAN CHASE BANK REPLACEMENT REMOTES 38.09 TOTAL POLICE COMMUNICATIONS 540.74 ANIMAL CONTROL JPMORGAN CHASE BANK USPS-SHIPPING 8.65 AT&T CONSOLIDATED PHONE BILL 76.77 JPMORGAN CHASE BANK WALMART-SUPPLIES 26.22 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 103.25 JPMORGAN CHASE BANK WALMART-SUPPLIES 82.30 JPMORGAN CHASE BANK QTR MASTER-UNIFORMS 54.16 JPMORGAN CHASE BANK SOUTHERN AG-SUPPLIES 47.94 JPMORGAN CHASE BANK HILLS PET-FEEDING SUPPLIE 14.00 JPMORGAN CHASE BANK HILLS PET-FEEDING SUPPLIE 26.96 JPMORGAN CHASE BANK LAMPLINE-LIGHTBULBS 18.85 JPMORGAN CHASE BANK HILLS-SUPPLIES 14.00 JPMORGAN CHASE BANK COMPANIONS-CREMATIONS 460.00 TOTAL ANIMAL CONTROL 933.10 ` FIRE SERVICES 7 J =MOR7AN CHASE BANK ASPEN ELECTRICAL-REPAIRS 183.75 PMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 3.98 Page 4 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK HOLLOWAY-NYLON ROPES 2,080.00 JPMORGAN CHASE BANK LOWES-EQUIPMENT 355.39 JPMORGAN CHASE BANK UPS STORE-SHIPPING 40.49 JPMORGAN CHASE BANK P & K EQUIP-SUPPLIES 10.60 JPMORGAN CHASE BANK LOCKE-ENG 1 REPAIR PART 7.45 JPMORGAN CHASE BANK LOCKE-BULBS/BALLAST 371.70 JPMORGAN CHASE BANK OK FIRE CHIEFS ASSOC-FEE 75.00 JPMORGAN CHASE BANK LOWES-ENG 2 REPAIR PARTS 22.98 JPMORGAN CHASE BANK OVERHEAD DOOR-REPAR ST2 1,278.00 JPMORGAN CHASE BANK AMER AIRWORKS-SUPPLIES 180.23 JPMORGAN CHASE BANK LOWES-TOOL BAG 14.98 JPMORGAN CHASE BANK OVERHEAD DOOR-REPAIRS 162.00 JPMORGAN CHASE BANK UPS STORE-TAX REFUND -0.52 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 33.38 JPMORGAN CHASE BANK TIRECHAIN.COM-EQUIPMENT 3,174.51 JPMORGAN CHASE BANK LOWES-ENG 2 REPAIR PARTS 10.80 AT&T MOBILITY WIRELESS SERVICE 48.81 AT&T CONSOLIDATED PHONE BILL 404.13 JPMORGAN CHASE BANK HOLLOWAY-SHACKLES 9.60 JPMORGAN CHASE BANK HOLLOWAY-SHACKLES 950.40 JPMORGAN CHASE BANK OWASSO ALL-BATTERIES 51.20 JPMORGAN CHASE BANK MURRAY-DOOR INSTALLATION 1,239.00 TREASURER PETTY CASH RETEST FEE 25.00 JPMORGAN CHASE BANK LOCKE-ENG 1 REPAIR PART 7.98 OKLAHOMA STATE UNIVERSITY REGISTRATION/PERSICO 250.00 JOHN D. HORTON REPAIR LADDER TRUCK 460.00 NORTH AMERICA FIRE EQUIPMENT CO. BOOTS 265.00 TOTAL FIRE SERVICES 11,715.84 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK TOTAL RADIO-LICENSING 225.00 AT&T CONSOLIDATED PHONE BILL 39.77 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 4.74 TOTAL EMERGENCY PREPAREDNESS 269.51 STREETS JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 21.99 JPMORGAN CHASE BANK OWASSO ALL-BATTERIES 12.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL 66.17 ROADSAFE TRAFFIC SYSTEMS, INC BARRICADE RENTAL 176.80 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.82 TREASURER PETTY CASH CDL/TUMLESON 66.50 JPMORGAN CHASE BANK ADVANCE AUTO-CONNECTION 29.98 JPMORGAN CHASE BANK HOME DEPOT-CAULKING GUNS 17.94 JPMORGAN CHASE BANK ATWOODS-CLAMPS 3.58 SIGNALTEK INC NOV MAINT/DEC RETAINER 1,345.76 TULSA COUNTY BOCC MISC. SIGNS 135.20 Page 5 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni STREETS... APAC-OKLAHOMA, INC. 20 TONS TYPE C ASPHALT 986.06 SPRINT SPRINT CARDS 119.97 JPMORGAN CHASE BANK LOCKE SUPPLY-BULBS 230.60 JPMORGAN CHASE BANK MAXWELL-SEALANT 272.66 USA MOBILITY WIRELESS, INC PAGER USE 69.82 JPMORGAN CHASE BANK KIRBY SMITH-BEARING 30.49 JPMORGAN CHASE BANK MAXWELL-SUPPLIES 449.51 TOTAL STREETS 4,076.35 STORMWATER JPMORGAN CHASE BANK EQUIP ONE-TAMPER RENTAL 50.00 USA MOBILITY WIRELESS, INC PAGER USE 34.80 JPMORGAN CHASE BANK LOWES-SUPPLIES 362.77 JPMORGAN CHASE BANK FASTENAL-DRILL BIT 4TH ST 9.38 JPMORGAN CHASE BANK LOWES-MATERIALS 4TH PROJ 74.69 JPMORGAN CHASE BANK EQUIP ONE--RENTAL 4TH ST 12.50 SPRINT SPRINT CARDS 159.96 JPMORGAN CHASE BANK ATWOODS-TRASH BAGS 15.98 TREASURER PETTY CASH CDL/DENNIS 66.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL 31.11 UNIFIRST HOLDINGS LP UNIFORM RENTAL 31.11 UNIFIRST HOLDINGS LP UNIFORM RENTAL 106.86 TOTAL STORMWATER 955.66 PARKS AT&T CONSOLIDATED PHONE BILL 229.70 TREASURER PETTY CASH MILEAGE REIMB/LANGFORD 133.76 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE AT CENTENNI 125.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 12.75 UNIFIRST HOLDINGS LP UNIFORM RENTAL 12.75 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 53.60 ADT SECURITY SERVICES INC ALARM SERVICE 59.78 MILES J. MARLAR EDUCATIONAL COMPENSATION 750.00 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 13.99 JPMORGAN CHASE BANK LOWES-SUPPLIES 115.50 JPMORGAN CHASE BANK MTG EXP-BASEBALL USER GRP 38.29 JPMORGAN CHASE BANK HD SUPPLY-HYDRANTS 1,158.67 JPMORGAN CHASE BANK MTG EXP-BASEBALL USER GRP 4.94 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 2.99 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 3.80 JPMORGAN CHASE BANK ATWOODS-BOOTS 100.00 TOTAL PARKS 2,815.52 COMMUNITY CENTER JPMORGAN CHASE BANK CHARACTER-BULLETINS 25.87 AT&T CONSOLIDATED PHONE BILL 176.55 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 6.64 Page 6 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni COMMUNITY CENTER... JPMORGAN CHASE BANK JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES OFFICE DEPOT-SUPPLIES 14.46 3.29 TOTAL COMMUNITY CENTER 226.81 HISTORICAL MUSEUM AT&T CONSOLIDATED PHONE BILL 23.76 TOTAL HISTORICAL MUSEUM 23.76 FUND GRAND TOTAL 77,706.4 AMBULANCE MEDICLAIMS INC BILLING SERVICES JPMORGAN CHASE BANK PHARM SYSTEMS-SUPPLIES 3,850.05 125.97 TOTAL AMBULANCE 3,976.02 FUND GRAND TOTAL 3,976.0 E911 COMMUNICATIONS AT&T INCOG-E911 CONSOLIDATED PHONE BILL E911 ADMIN SVC FEES 296.96 6,647.93 TOTAL E911 COMMUNICATIONS 6,944.89 FUND GRAND TOTAL 6,944.8 HOTEL TAX - ECON DEV REGINALD KIM HENRY HANGING HOLIDAY BANNERS 1,475.00 TOTAL HOTEL TAX - ECON DEV 1,475.00 FUND GRAND TOTAL 1,475.0 STORMWATER - STORMWATI MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 8,478.02 2,572.50 TOTAL STORMWATER - STORMWATER 11,050.52 3 LKS CHANNEL 83ST - 86ST SISEMORE WEISZ & ASSOCIATES, INC TOPOGRAPHIC SURVEY 5,800.00 TOTAL 3 LKS CHANNEL 83ST - 86ST 5,800.00 FUND GRAND TOTAL 16,850.5 PUBLIC SAFETY - POLICE TULSA COUNTY BOCC EARTH SMART CONSTRUCTION INC JPMORGAN CHASE BANK SIGNS FOR FIRING RANGE FIRING RANGE /PARKING LOT FLEET-VEHICLE EQUIPMENT 206.10 75,266.50 37,630.56 TOTAL PUBLIC SAFETY -POLICE 113,103.16 Page 7 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK LOWES-SUPPLIES 271.87 JPMORGAN CHASE BANK FLEET-LIGHTING/WIRING 3,055.69 JPMORGAN CHASE BANK LOWES-SUPPLIES 205.94 JPMORGAN CHASE BANK ANCHOR PAINT-PAINT 136.26 JPMORGAN CHASE BANK LOWES-PARTS 17.18 JPMORGAN CHASE BANK FASTENAL-GRINDING WHEELS 19.76 JPMORGAN CHASE BANK LOWES-PARTS 48.17 JPMORGAN CHASE BANK ATWOODS-DOOR/HARDWARE 63.85 JPMORGAN CHASE BANK ATWOODS-HITCH PIN 4.99 TOTAL PUBLIC SAFETY - FIRE 3,823.71 FUND GRAND TOTAL 116,926.8 MMMMM CI - GARN WID 96TH-106TH PSA-DEWBERRY INC M7ENGINEERING SERVICES 3,800.00 TOTAL CI - GARN WID 96TH-106TH 3,800.00 CI - STREET REHAB FY13 TRI-STAR CONSTRUCTION, LLC FY 13 STREET REHABILITATI 80,463.15 TOTAL CI -STREET REHAB FY13 80,463.15 CI - 106/GARNETT INTERSEC PSA-DEWBERRY INC 106 ST N & N GARNETT RD 2,987.50 TOTAL CI - 106/GARNETT INTERSEC 2,987.50 CI -SPORTS PARK FY 2013 PHILLIP R. PENNINGTON BASEBALL 4-PLEX 81,700.00 TOTAL CI - SPORTS PARK FY 2013 81,700.00 FUND GRAND TOTAL 168,950.6 CITY GARAGE JPMORGAN CHASE BANK UNITED FORD-PARTS 206.01 JPMORGAN CHASE BANK FASTENAL-MASK 12.04 JPMORGAN CHASE BANK BUMPER2BUMPER-PARTS 152.00 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 181.07 JPMORGAN CHASE BANK T&W TIRE-PARTS RESALE 2,198.16 JPMORGAN CHASE BANK UNITED FORD-CREDIT -48.77 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 120.38 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 56.77 AT&T MOBILITY WIRELESS SERVICE 57.25 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 4.63 JPMORGAN CHASE BANK OREILLY-SHOP SUPPLIES 38.81 JPMORGAN CHASE BANK OREILLY-PARTS RESALE 2,040.34 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 315.67 AT&T CONSOLIDATED PHONE BILL 186.78 Page 8 Claims List 1/8/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL CITY GARAGE 5,521.14 FUND GRAND TOTAL 5,521.1 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 TOTAL WORKERS' COMP SELF-INS 1,870.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 716.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 716.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 2,067.02 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 1,768.33 OK TAX COMMISSION SPECIAL TAX UNIT MITF QUARTERLY ASSESSMENT 3,426.89 UNITED SAFETY & CLAIMS INC TPA ADMIN FEES FOR WRKRS 1,658.33 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 24,900.00 TOTAL WORKERS' COMP SELF-INS 35,252.57 FUND GRAND TOTAL 37,122.5 GEN LIAB-PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - MILLER, NOVEMBER 47.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - MAZZANTI, NOVEMBE 141.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - PRUNER, NOVEMBER 211.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - ADAMS, NOVEMBER 1,175.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL - SPRADLIN, NOVEMBE 635.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL-TULSA WORLD, NOVEMB 70.50 WOOD, PUHL & WOOD, P.L.L.C LEGAL - HUNTLEY, SEPT 370.00 WOOD, PUHL & WOOD, P.L.L.C LEGAL - WILLIAMS, SEPT 962.00 MCAFEE & TAFT LEGAL - MUTII/JONES/MITCH 1,811.54 TOTAL GEN LIAB-PROP SELF INS 5,423.54 FUND GRAND TOTAL 5,423.5 CITY GRAND TOTAL $440,897.69 Page 9 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1/8/13 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 46,078.09 33,841.68 79,919.77 4,369.80 4,369.80 84,289.57 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/15/12 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,551.86 Managerial 19,551.09 26,860.49 Finance 5,982.81 10,674.58 Human Resources 5,984.82 10,029.82 Community Development 10,723.98 16,998.05 Engineering 16,648.98 24,901.15 Information Systems 8,131.58 11,706.09 Support Services 6,947.05 10,141.53 Police 107,898.89 165,057.13 Central Dispatch 13,932.34 23,637.27 Animal Control 2,258.40 3,661.14 Fire 93,057.19 139,285.24 Fire-Safer Grant 10,944.36 16,588.97 Emergency Preparedness 2,818.43 4,405.30 Streets 8,752.62 15,432.29 Stormwater/ROW Maint. 4,478.23 6,352.81 Park Maintenance 9,696.68 15,151.20 Community-Senior Center 3,019.43 4,182.48 Historical Museum 600.00 673.68 Economic Development 2,876.92 3,800.17 General Fund Total 338,890.11 516,091.25 Garage Fund Total 4,103.60 6,837.57 Ambulance Fund Total 25,018.48 37,580.72 Emergency 911 Fund Total 2,627.85 4,549.63 Stormwater Fund 27 Total Worker's Compensation Total - Strong Neighborhoods 2,717.31 4,117.41 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/29/12 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,597.74 Managerial 19,356.28 27,327.05 Finance 5,999.59 10,754.69 Human Resources 6,104.88 10,221.43 Community Development 10,723.98 17,105.29 Engineering 16,123.98 24,467.76 Information Systems 7,825.58 11,430.06 Support Services 6,732.10 9,958.62 Police 108,912.00 165,572.37 Central Dispatch 13,922.17 23,753.19 Animal Control 2,357.05 3,807.81 Fire 95,443.52 142,808.31 Fire-Safer Grant 10,039.47 15,278.67 Emergency Preparedness 2,798.43 4,411.76 Streets 6,835.62 12,493.16 Stormwater/ROW Maint. 4,342.80 6,216.11 Park Maintenance 9,724.80 15,272.29 Community-Senior Center 2,495.09 3,618.37 Historical Museum 480.00 538.94 Economic Development 2,826.92 3,774.61 General Fund Total 337,630.57 515,408.23 Garage Fund Total 4,103.60 6,878.63 Ambulance Fund Total 25,746.37 38,618.82 Emergency 911 Fund Total 2,535.21 4,467.33 Stormwater Fund 27 Total Worker's Compensation Total - Strong Neighborhoods 2,692.31 4,117.42 0 V OeT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: Declare Vehicle Surplus and Authorize eBay Auction DATE: January 4, 2012 BACKGROUND: The City is self-insured for vehicle collision and vehicle liability coverage. As a result, if an accident occurs in which a city employee is at fault, the affected citizen files a tort with the City and upon approval the citizen is paid through the General Liability & Property Self-Insurance Fund. Recently, a citizen's vehicle was damaged in a motor vehicle accident at the fault of the City. A tort claim was filed against the City and the cost of the repairs was determined to exceed the value of the vehicle, and the vehicle was deemed totaled. The citizen was compensated for the vehicle and the vehicle became property of the City. Since the vehicle is unusable by the City, staff is recommending the following vehicle be declared surplus by the City Council. 2002 Chevrolet Monte Carlo SS w/158823 Tag 090HAHA, VIN 2G1 WX15K829152826, Fixed Asset #Not Applicable When the City declares an item surplus, an approximate worth for the item is submitted to the City Manager (if valued at less than $500) or City Council (if valued at $500 or greater), for approval. Even though the vehicle is totaled (the repairs to the vehicle would cost more than the value of the vehicle), the value of the vehicle in its current condition could be assumed to be more than $500. eBay AUCTION: Auctioning surplus equipment on eBay has been used periodically since first approved by the City Council in 2002. Once the above mentioned vehicle is declared surplus staff will move forward with placing the vehicle for sale on eBay. RECOMMENDATION: Staff recommends City Council declare the 2002 Chevrolet Monte Carlo, Tag #090HAHA as surplus to the needs of the City of Owasso. OCity Wi mits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1018, Rezoning (OZ-12-05) of an 8.28 acre tract of land located at the northeast corner of E 106th St N and N Garnett Rd from AG to CS DATE: January 4, 2013 BACKGROUND: The City of Owasso received a request for the rezoning of approximately 8.28 acres of land at the northeast corner of E 106th St N and N Garnett Rd. The subject property has been used as a golf driving range and for agriculture purposes in the past. The property is currently undeveloped. The applicant is requesting to rezone the subject property from AG (Agriculture) to CS (Commercial Shopping). The property was annexed under ordinance #952, filed in Tulsa County on December 7, 2009 PLANNING COMMISSION: The Owasso Planning Commission voted unanimously to recommend approval of rezoning request OZ-12-05 at their regularly scheduled meeting on December 10, 2012. CITY COUNCIL: On December 18, 2012, City Council considered this rezoning request and voted unanimously to approve rezoning request OZ-12-05 for the subject property. This ordinance officially adopts the action taken by the City Council. RECOMMENDATION: Staff recommends approval of Ordinance No. 1018 for the rezoning of the subject property, a 8.28 tract of land located at the northeast corner of E 106th St N and N Garnett Rd. ATTACHMENT: Ordinance No. 1018 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1018 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-12-05 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG (AGRICULTURAL) DISTRICT TO A CS (COMMERCIAL SHOPPING) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 12-05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land situated in the Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW/4 SW/4) of Section Eight (8), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, and more particularly described as follows, to-wit: Beginning at the Northeast corner of said SW/4 of the SW/4 of the SW/4; Thence S 01 deg. 22'58" E for a distance of 600.17 feet and along the East line of said SW/4 of the SW/4 of the SW/4 to a point on an existing street Right-of-Way; Thence S 88 deg. 43'25" for a distance of 583.04 feet and along said Right-of-Way; Thence N 46 deg. 20' 32" W for a distance of 18.41 feet and along said Right-of-Way; Thence N 01 deg. 24'44" W for a distance of 377.15 feet and said Right-of- Way; Thence S 88 deg. 35' 16" W for a distance of 15.00 feet and along said Right-of-Way; Thence N 01 deg. 24' 44" for a distance of 210.13 feet and along said Right-of-Way to a point on the North line of said SW/4 of the SW/4 of the SW/4; Thence N 88 deg. 43'53" E for a distance of 611.35 feet and along said North line to the Point of Beginning. The general location is northeast corner of East 106'" Street North and North Garnett Road and is approximately 8.28 acres. Said described tract of land contains an area of 8.28 acres, more or less. be, and the same is hereby zoned from AG (AGRICULTURAL) TO CS (COMMERCIAL SHOPPING) District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this th day of January , 2013. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 0 The CitM# - 0 y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1019, Rezoning (OZ-12-06) rezoning of a 0.32 acre property located at 202 E 1 st St from OL to CS DATE: January 4, 2013 BACKGROUND: The City of Owasso received a request for the rezoning of approximately 0.32 acres of property located at 202 E l st St. The subject property has been used as a single-family home in the past and most recently as a legal office. The applicant is requesting to rezone the subject property from OL (Office Light) to CS (Commercial Shopping). PLANNING COMMISSION: The Owasso Planning Commission voted unanimously to recommend approval of rezoning request OZ-12-06 at their regularly scheduled meeting on December 10, 2012. CITY COUNCIL: On December 18, 2012, City Council considered this rezoning request and voted unanimously to approve rezoning request 07-12-06 for the subject property. This ordinance officially adopts the action taken by the City Council. RECOMMENDATION: Staff recommends approval of Ordinance No. 1019 for the rezoning of the 0.32 acre property located at 202 E 1 st St. ATTACHMENT: Ordinance No. 1019 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1019 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-12-06 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN OL (OFFICE LIGHT) DISTRICT TO A CS (COMMERCIAL SHOPPING) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 12-06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: 202 East l st Street, Lot 3, Block 16, Owasso Original Town Said described tract of land contains an area of 0.32 acres, more or less. be, and the same is hereby zoned from OL (OFFICE LIGHT) TO CS (COMMERCIAL SHOPPING) District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this th day of January , 2013. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney V The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen, RLA, AICP Community Development Director SUBJECT: Ordinance 1020 - Planned Unit Developments, Chapter 8 of the Owasso Zoning Code DATE: January 4, 2013 BACKGROUND: The PUD (Planned Unit Development) process is the preferred vehicle of choice for developers of single family subdivisions and multi-use commercial centers in Owasso. Many new subdivisions being platted use 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. INPUT RECEIVED Since August, 2012, staff 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 and improved resulting in the final language in the attached ordinance. 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. REASON FOR THE PROPOSED CHANGE: In an ongoing effort to make improvements to the Owasso Zoning Code, this text amendment is being 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 benefit applicants, City staff, and decision making bodies when applications are reviewed. These changes are also consistent with the vision set forth by the Quality of Life Initiative document, which emphasized quality neighborhoods that would sustain their property values. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed text 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 at their regular meeting on December 10, 2012 voted to recommend approval of the text amendment. CITY COUNCIL City Council held a public hearing on December 18, 2012 for the purpose of receiving citizen comments and input relating to the new PUD Chapter of the Zoning Code. No comments were received from the public regarding this proposed new ordinance and no action was taken at the City Council meeting. An ordinance is now being brought before City Council for consideration and action regarding the final step in the zoning code text amendment process. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 1020, amending Chapter 8, Planned Unit Developments of the Owasso Zoning Code. ATTACHMENT: Ordinance 1020 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1020 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub-Chapter 8, Planned Unit Developments and Overlay Districts, Sections 810- 850 shall be amended to read as follows: CHAPTER 8 Planned Unit Developments and Overlay Districts 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: I. 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 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. 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 2 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 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- I 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 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. 4 3. Adherence to City, State, and Federal Requirements All grading and drainage plans shall meet all City, State and Federal requirements. 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 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) 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. 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 5 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. 7) Said responsibilities and ownership of these areas shall be clearly articulated in the covenants for the development. 8) 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. 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 ADJACENT PASSIVE RECREATION 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 TABLE 8-1, REQUIRED AMENITIES 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. 6 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. 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) 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. 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 surrounding neighborhoods with a copy of the proposed development plans. 7 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. 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 proposed PUD application, taking into account the recommendations of the staff, the review criteria and other applicable standards in this Ordinance. If the Planning Commission determines that the ordinance is not being met in certain areas, then they may make suggestions to the applicant and transmit the suggestions to the City Council as part of their report. The Planning Commission shall hear from the general public, and engage the developer in discussion of the project. 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. 8 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. 9 PUD Process Pre-application meeting with Planning Staff Submittal of application packet with fees Application reviewed and public hearing scheduled Notification prepared for newspaper and Staff review property posted with a sign Pre-Application Meeting with Planning Technical Advisory Committee Planning Commission Hearing City Council Hearing 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 determination shall be required as to whether or not said amendments constitute a major or minor plan change. 11 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 PUD shows 20 acres for office, 10 acres for commercial, and 70 acres for residential single family. If the amendment proposes to move the commercial area to another location within the PUD, then it would be deemed to be a major amendment. 4. Eliminate a proposed use that was approved with the original PUD that substantially changes the character 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, cul-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. B. 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 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. 12 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 (TAC). 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. I. 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. p. Overall project statement of proposed use and intent. q. List of the proposed land uses including residential densities 14 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 SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, Chapter 8, Planned Unit Developments, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended as set forth above. 15 PASSED AND APPROVED this _day of , 2013. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 16 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: January 4, 2013 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. Staff made recommended changes to user group agreement directed by City Council. At the regularly scheduled City Council Work Session Meeting on December 11, 2012, staff presented and discussed user agreement amendments and added changes. The agreement was presented once more on December 18, 2012. At that meeting, Council tabled the item to the first meeting in January. 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 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: Staff recommends 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 OWASSO GIRLS SOFTBALL ASSOCIATION MANAGEMENT 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. 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 116th 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 30th, 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 be a registered Oklahoma not-for- profit organization and 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 120 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: