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HomeMy WebLinkAbout2019.04.09_Worksession AgendaThis meeting is a work session for Council /Trustee discussion only. There is no opportunity for public comments of work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting RECEIVED C_-, Tuesday, April 9, 2019 - 6:00 pm APR 0 5 2019 1. Call to Order Mayor /Chair Chris Kelley City Clerk's Office 2. Discussion relating to Community Development Items Brian Dempster A. Final Plat - Charleston Place, located west of North 145th East Avenue and south of East 93rd Place North B. Lot Split Application, OLS 19 -01 - Lot 3 of the Re -Plat of Lot 2, Block 1 of Garrett Creek Center Phase II, located near North 135th East Avenue, south of East 1 16th Street North C. Proposed Amendment to the Owasso Zoning Code, Chapter 10, Section 10.4 - US 169 Overlay District, 10.4.7 Auto Sales 3. Discussion relating to the proposed FY 2019 -2020 Annual Operating Budget Linda Jones 4. Discussion relating to the proposed purchase of approximately 62 acres of land located at 11301 North Mingo Road and at 10000 East 1161h Street North Roger Stevens 5. Discussion relating to proposed amendments to Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, more specifically: Chapter 1, Taxation and Regulation; Chapter 2, Non - Intoxicating Beverages; and Chapter 3, Bottle Clubs Julie Lombardi 6. Discussion relating to City Manager items Warren Lehr Various Board and Committee Appointments, Expired Terms and Vacancies • Monthly sales tax report • City Manager report 7. City Councilor /Trustee comments and inquiries B. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2015, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, April 5, 2019. M. Stevens, oiry Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@citvofowasso.com REAL People •REAL Character •REAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner SUBJECT: Final Plat - Charleston Place DATE: April 5, 2019 BACKGROUND: The City of Owasso received a final plat application for review and approval for Charleston Place, a proposed single - family residential subdivision. The property is located west of North 145th East Avenue and south of East 93rd Place North. The subject property was annexed in 2006 under Ordinance 844 and rezoned to Residential Single - Family High Density (RS -3) in 2016. A preliminary plat was approved in 2018. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Residential Residential City of Owasso South RS -2 (Residential Single- Residential Residential City of City of Owasso Family Medium Density) Elm Creek Sanitary Sewer Relief Area ($1,580.00 per acre) Storm Siren Fee ($50.00 per acre) Public Streets Owasso East AG (Agriculture) Residential Residential City of Owasso West RS -2 (Residential Single- Residential Residential City of Family Medium Density) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 5.03 acres +/- Land Use Master Plan Residential Current Zoning RS -3 Proposed Use Residential Subdivision Proposed Lots /Blocks 17 lots, 2 Blocks Within a PUD? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Elm Creek Sanitary Sewer Relief Area ($1,580.00 per acre) Storm Siren Fee ($50.00 per acre) Public Streets Yes ANALYSIS: The final plat for Charleston Place proposes 17 lots in 2 blocks on property zoned RS -3. The lots shown on the final plat meet the standards for RS -3 zoning district as stated in the Owasso Zoning Code. The subject property is north of Camelot Estates and will extend the public street beyond where the cul-de -sac at the north end of East 91 Sr Street North currently stops. The one public street that will serve the Charleston Place development will become North 141 It East Avenue as it runs in a north -south orientation. The final plat shows fifty feet (50') of required right -of -way along North 141,t East Avenue being dedicated with the filing of this plat, if approved. The main access to the development begins where East 91st Street North turns into North 141st East Avenue. Public access to the development will not be allowed from East 93rd Place North, as it is a private drive and not a public road. However, emergency access will be allowed into the Charleston Place development at the end of East 93rd Place North, as two access points are required by the Fire Code. There is a recorded fifty foot (50') easement (Book 5682, Page 0005) shown on the north end of the subject property that will remain to allow the property to the north continued access to East 93rd Place North. The hammerhead shown on the north end of North 141st East Avenue will serve as a turnaround point for local traffic, emergency vehicles, and refuse trucks. The City of Owasso will provide water, sanitary sewer, Fire, Police, and EMS services to the proposed residential development. Any development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Planning Commission will review this item at their meeting on April 8, 2019. ATTACHMENTS: Aerial Map Final Plat- Charleston Place Aerial Photo Charleston Place Subject Property E 93rd Pl N N 145th E Ave OWNER /DEVELOPER: TYANN DEVELOPMENT CO., INC. PO NU 39) ow8SSa, 7 (sle) na - asn SURVEYOR: 0. GOSS & ASSOCIATES. LLC P0. NIE 216 (919) 3TI � COUJN'VLLE '.0"Hnle el aWMriESWI No. 3932 ENGINEER NET En9 near ng Group LLC &321 Suet 6Hl S1. sla NS Tulsa, OkI.N.M )6133 (910) 392 NII. CNIItU.te of WIH,rcATR. No. 6623 FINAL PLAT r� N CHARLEST 0 N PEACE °- AN ADDITION TO THE CPU OF OWASSO, !� W TULSA COUNTY, OKLAHOMA °humxv SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST n ° 5.41 ACRE TRACT CONTNNS 1] RESIDENTIAL LOTS lei B ZONED: NE —C III �t o b 1 L m,.. ueM HiLL r r r� \tp ! Wine 1 !� W °humxv n ° I:I l lei B BII ss III �t o b b.� kME 1 —I' III wmx�fANP ! ! I 9 9911 U UU..��. JJ N Nom' L, � IAGTION NAP R la E EE N2 Nl N x WEAN, 7 .. CWNTM l90 L (Dery le) o a/1 x` /a ` w DU OTW a Ys TyTwa POIm vn a Fal - yl �I -11 Cb'^xs i.r vRll fl 1L F �r 13LGCKe2l 3EE Tai — L N II �I Ir - aryl me psu 115 I x1L ".m xvJl 11. .m. Rlf ° xw xxsA Um I I I I vl �I� I Olp I� m.x I y I I I 91 I L � �y3�`PaSSNSESj I i �_A� � CS� eF 1 GPME`l:oR m 6 _ _ 1s FINAL PLAT CHARLESTON PLACE March 29, 2039 FINAL PLAT CHARLESTON PLACE March 29, 2039 Final Plat Charleston Place An addition to the city of owasso tulsa county, oklahoma section 21 township 21 north, range 14 east 5.41 acre track contains 17 residential lots zoned rs-3 REAL People • REAL CM1arocter •REAL Community TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen RLA, AICP Planning Manager SUBJECT: OLS 19 -01 Lot 3 of the Re -Plat of Lot 2, Block 1 of Garrett Creek Center Phase II DATE: April 5, 2019 BACKGROUND: The Community Development Department received a lot split application for Lot 3 of the Re -Plat of Lot 2, Block 1 of Garrett Creek Center Phase II. The subject property is approximately 15.883 acres in size and is currently zoned Owasso Planned Unit Development (OPUD) 02 -02 with an underlying zoning of Commercial Shopping (CS). The proposed lot split will divide the parent tract (Lot 3 of the Re -plat of Lot 2, Block 1) into two (2) separate tracts. Lot 3 of the Re -Plat of Lot 2 would be reduced in size to approximately 11.27 acres, and the newly created Lot 4 of the Re- Plat of Lot 2 would be approximately 4.610 acres in size. SURROUNDING PROPERTY INFORMATION: Direction Zoning Use Land Use Plan Jurisdiction North OPUD 02 -02 Commercial Commercial City of Owasso Proposed Lots /Blocks CS (Commercial Shopping) Within PUD? Yes; OPUD 02 -02 Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 South OPUD 02 -02 Undeveloped Commercial City of Owasso CS Commercial Shopping) East OPUD 02 -02 Highway Commercial City of Owasso CS Commercial Shopping) OPUD 02 -02 West RS -3 (Residential Single- Residential Residential City of Owasso Family High Density) SUBJECT PROPERTY /PROJECT DATA: Property Size 15.883 acres Size of Proposed Lots Lot 3 - 11.27 acres Lot 4 -4.610 acres Current Zoning OPUD 02 -02 /CS (Commercial Shopping) Proposed Use Commercial Current Lots /Blocks 3 lots on 1 lot, in 1 block Proposed Lots /Blocks 4 lots on 1 lot, in 1 block Within PUD? Yes; OPUD 02 -02 Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 ANALYSIS: The original Garrett Creek Center Phase II was platted in 2006 and contained 3 lots in 1 block. A Reasor's currently anchors a shopping center in Lot 1, Block 1 of Garrett Creek Center Phase II. In 2018, Lot 2 of Block 1 was re- platted into 3 new lots. Because of the way the property was re- platted, the legal description for fhose 3 new lots now reads as Lots 1, 2, and 3 of the Re -Plat of Lot 2, Block 1 of Garrett Creek Center Phase II. While not typical, the description reflects an accurate legal description of the property given the way the property was re- platted. The proposed lot split in this case divides Lot 3 of the Re -Plat of Lot 2, Block 1 of Garrett Creek Phase II into two (2) separate lots. Lot 4 will become a new lot, while Lot 3 (the parent lot) will be reduced in size. The Owasso Subdivision Regulations allow the Planning Commission to approve lot splits within a platted subdivision so long as they meet the underlying zoning requirements, are not land locked, and can be adequately served with public utilities. However, per Chapter 7, Section titled "Lot Splits ", of the Subdivision Regulations, the Planning Commission can only approve a lot split that has frontage on a dedicated street. In this particular case the lot that is being created (Lot 4) will not have frontage on a public street, rather it will have frontage on a recorded access easement that connects to a public street. Due to the public street frontage requirement of the Subdivision Regulations, this lot split will also require approval from the City Council. Outside of the frontage issue for Lot 4, each lot meets the minimum dimensional standards of the CS zoning district. Because the property is already platted, right -of -way and necessary utility easements have already been established and dedicated to the City. Any development that occurs on the subject lots must adhere to all zoning and design requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on April 8, 2019. ATTACHMENTS: Aerial Map Final Plat - Garrett Creek Center Phase 11 (Approved 2006) Re -Plat - The Re -Plat of Lot 2, Block 1 of Garrett Creek Center Phase 11 (Approved 2018) Lot Split Exhibits OLS 19 -01 proposed parcel, Lot 4 Braums Site Utica Park Clinic Subject Parcel Lot 3 (15.883 ac.) Garrett Creek Central Phase II A N„ THE RE -PLAT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE II APART OF THE NW /4 OF SECTION 9, T21N, R14E, I.M. OWASSO, TULSA COUNTY, OKLAHOMA ZONING: COMMERCIAL SHOPPING (CS) (PUO -0202) BASIS OF BEARING: PLAT awKmc[ff[cwre[ GARB TCRM27 PHASE 111 ATTACHMENT "A" "' " "' B 14 E G4tV'u CREEK FOUND WITH CA IRON 1098 \ WITH CAP CA 1099 FOUND 60D NAIL "FLAGGED" FOUND 3/8" IRON PIN TANNER "LS1435" S36-05'42 -E 27.22' ' FOUND 'LS IRON PIN h TANNER "LS7435" `e GARRETT CREEK CENTER PHASE II PLAT NO. 6054 GRAPHIC SCALE IN FEET 200' 0 200' PRE -SPLIT EXH18R LOT 3 OF THE RE -PLAT OF LOT 2, BLOCK 1 Crafton Tull GARRETT CREEK CENTER PH ASE II SURMNG 405.7ez6270t405.79L6176t SECTION 9, T21 N, R14E, LM. 300 P0Nte P.h ,SNtl www.cranonlull.mm ® Yukan.OK73099 CA9731PUL51P..PVa . 03Nma OWASSO,TULSA COUNTY. OK DRAWN BY: C. KENNEDY PROJECT #18615800 SCALE: 1"=200' APPROVED BY: I DATE: 02125/2019 1 SHEET I OF 4 ATTACHMENT "B" LEGAL DESCRIPTION A tract of land situate within the Northwest Quarter (NW /4) of Section Nine (9), Township Twentyone (T21 N), Range Fourteen East (R14E) of the Indian Meridian (I.M.), Owasso, Tulsa County, Oklahoma, also being a part of Garrett Creek Center Phase Il, according to the plat recorded as Plat No. 6801 in records of the Tulsa County Clerk; being more particularly described as follows: Lots 3 of the Re -Plat of Lot 2, Block 1 Garrett Creek Center Phase II PRE -SPLIT EXHIBIT LOT 3 O THE RE -PLAT OF LOT 2. BLOCK I REVISIONS Craffon GARRETT CREEK CENTER PHASE II SURVEYING 4(15.781.627o 140&787,6276f SECTION 9, T21 N, R14E, I.M. OWASSO.TULSA COUNTY, OK DRAWN BY: C. KENNEDY PROJECT #18615800 SCALE: 1 "= 200' APPROVED BY: DATE: 02125/2019 SHEET 2 OF 4 BASIS OF BEARING: PLAT GARRETT CREEK PHASE II DOC# 2006130272 PG:1 ATTACHMENT "C" FOUND 3/8" IRON PIN TANNER GARRETT CREEK CENTER PHASE II PLAT N0. 6054 GRAPHIC SCALE IN FEET 200' 0 200' FOUND 3/8" IRON PIN TANNER "LS1435' FOUND 3/8" IRON PIN FANNER -L51435" FOUND 3/8" IRON PIN TANNER "LS1435" LOCATION MAP SCALE: V 40 NEW TRACT EXHIBIT Craffon Tull LOT4GARRETT CREEK OF ENTER PHASE 111 OF REVISI INS SURVEYNG 40879 5 6170 1 4 89187.6276 r SECTION 9• T21 N. R14E• I.M. 300 PcIMe Pa , Blvd www.aoNonluhcom ® Yukon. OR 73099 CA 973 PUB) 6*w b/ffi/3Y9 OWASSO,TULSA COUNTY, OK DRAWN BY: C. KENNEDY PROJECT #18615800 SCALE: 1 "= 200' APPROVED BY: DATE: 02125/2019 SHEET 3 OF 4 ATTACHMENT "D" LEGAL DESCRIPTION A tract of land situate within a portion of Lot 3 of THE RE -PLAT OF LOT 2, BLOCK 1 OF GARRETT CREEK CENTER PHASE II, according to the plat recorded as Plat No. 6801 in the records of the Tulsa County Clerk, being more particularly described as follows: BEGINNING at the Westernmost Northwest corner of said Lot; thence along the Exterior line of said Lot the following Three (3) courses: 1. N 53° 12'03" E a distance of 354.12 feet; thence 2. N 53° 18' 31" E a distance of 70.88 feet; thence 3. N 53° 15'46" E a distance of 254.47 feet; thence 5 36° 05'42" E a distance of 26.56 feet to a point on a non - tangent curve to the right; thence 113.76 feet along the arc of said curve having a radius of 144.69 feet, subtended by a chord of 110.85 feet which bears S 13° 10'34" E, to a point of reverse curvature; thence 87.15 feet along the arc of said curve having a radius of 346.00 feet, subtended by a chord of 86,92 feet which bears S 02° 30' 23" W; thence S 04° 42'33" E a distance of 191.21 feet to a point of curvature to the left; thence 38.17 feet along the arc of said curve having a radius of 146.00 feet, subtended by a chord of 38.06 feet which bears S 12° 11'56" E; thence 55.90 feet along the arc of said curve having a radius of 174.00 feet, subtended by a chord of 55.66 feet which bears S 30° 29' 07" E; thence S 85° 14'06" W a distance of 134.56 feet; thence S 88° 43'04" W a distance of 392.90 feet to a point on said exterior line; thence N 32'52'05" W along said line a distance of 163.96 feet to the POINT OF BEGINNING. Said tract contains 200,801 Scl Ft or 4.610 Acres, more or less. NEW TRACT EXHIBIT Cralton Tull LOT 4OF THE RE -PLAT OF LOT 2, BLOCK I OF REVISIONS GARRETT CREEK CENTER PHASE II SURVEYING 45.787.6270 f105.PB).6V6 f 900 Polnta `.k.y OW www.ttaffonNll..m SECTION 9, T21 N, R1 4E, I.M. ® Yukon, OK)9D99 <n 9I3IPE�uI E,wm, 6/x /mm OWASSO,TULSA COUNTY, OK DRAWN BY: C. KENNEDY PROJECT #18615800 SCALE: V= 200' APPROVED BY: DATE: 0212512019 SHEET 4 OF 4 REAL People •REAL CFarac[er •REAL Community TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Proposed Zoning Code Amendment - Auto Dealerships in the US -169 Overlay DATE: April 5, 2019 BACKGROUND: The Owasso Zoning Code is a document that requires amending periodically to address new situations or unforeseen circumstances. In 2012, the City Council approved the US -169 Overlay District under Ordinance 1004, which established a special set of regulations governing development along this corridor from East 86th Street North to East 126th Street North. The goal of the overlay is to ensure that this highly visible and important corridor would be developed in a consistent and attractive manner and protect the investment of the new Tulsa Technology Center campus. Considering this, the Overlay prohibited or restricted certain uses by requiring approval of a Specific Use Permit. Auto Dealerships is one such use that requires a Specific Use Permit with the condition that they could not locate on tracts any larger than 5 acres. However, the ordinance did not stipulate where or how the dealerships could locate. Because of the absence of a restriction preventing such a situation, there is the potential for multiple dealerships to locate adjacent to each other on individual 5 acres tracts. This could result in potentially having multiple 5 acre auto dealerships stacked next to each other giving the appearance of one large dealership over 5 acres in size. Staff believes this could be a detriment to the corridor and the goals of the Overlay District. PROPOSED AMENDMENT TO THE ZONING CODE: Considering the above, staff is proposing the following amendment to Chapter 10, Section 10.4 of the Owasso Zoning Code. 10.4.7 Auto Sales. 10.4.7.1 Five (5) Acre maximum. Individual auto dealerships are restricted to five (5) acre tracts. 10.4.7.2 Separation Requirement. Auto sales lots and dealerships shall be separated by a distance of not less than 2,640 feet. No two (2) dealerships may share a common property boundary. An item has been included on the April work session agenda for additional discussion. TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: FY 2019 -2020 Annual Operating Budget DATE: April 5, 2019 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, Owasso Public Works Authority (OPWA) Fund, Owasso Public Golf Authority (OPGA) Fund and other funds is being developed and will be transmitted for City Council review on May 14, 2019. The proposed budget is scheduled for discussion during the May and June Council work sessions. PUBLIC INPUT: Printed copies of the proposed budget will be made available for public viewing at City Hall, the Owasso Library, and on the City's website on May 17, 2019. On May 29, 2019, legal notice of a public hearing will be published in the Owasso Reporter, and such hearing is planned for June 4, 2019. The public hearing provides opportunity for citizen comment and questions relating to the proposed budget. Council action regarding the adoption of the annual operating budget is scheduled for June 18, 2019. REAL People •REAL CFaratler •REAL Commmiry TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Proposed Land Purchase Public Works, Support Services and Parks Department DATE: April 5, 2019 7_FICC•31919:1.1 On March 5, 2019, the City Council approved Resolution 2019 -06, amending the list of capital improvements projects eligible for funding from the Capital Improvements Fund to include the purchase of approximately 62 acres of land at 11301 North Mingo and at 10000 East 116th Street North. A discussion item has been placed on the April Work Session agenda to discuss the land purchase. Since 2016, the Public Works Department has been looking for a suitable tract of land to accommodate a combined Public Works, Support Services, and Parks Facility. All three existing facilities are located in various parts of the City and are in need of additional work, office and yard space to address community growth over the next 30 years or more. In November 2016, staff identified a 62.55 acre tract of land located at East 116th Street North and Mingo Road. Of the 62.55 acres, approximately 22 acres are located within a 100 -Year flood plain or floodway. The property located within the flood plain or floodway could be utilized for a regional detention facility per the 2005 Stormwater Master Plan to address the flooding of Mingo Road between East 106 Street North and East 1 16th Street North. LAND PURCHASE CONTRACT: The Contract (see Attachment) contains language outlining the land purchase and how the Seller would be reimbursed. A summary of the contract's key points is as follows: • The 14.29 acre parcel located along East 116th Street North is valued at $490,000 or $34,279 per acre. The remaining parcel contains 48.26 acres has a value of $1,010,000 or $20,928 per acre. As a result, the total cost for the 62.55 acres is $1,500,000; • Within twenty (20) days after the execution of the Contract and approval by the Owasso City Council, Seller shall provide Purchaser an abstract of title certified to within twenty days of delivery thereof showing a marketable title; • Seller shall pay in full all special assessments against the property upon date of closing; • Closing shall be held on such date as the parties may mutually agree, but in any event no later than April 1, 2020; • Prior to closing, Purchaser may enter the Property and perform any of the following improvements: clear and grub all or portion of the Property; remove beaver dams; transport and store fill dirt on the Property; remove fill dirt from the 100 -year flood plain on the Property and place it in the 100 year flood plain portion of Seller's property labeled on Exhibit A as the 8.95 acre tract. FUNDING: Funding for the land purchase is available in the Capital Improvements Fund. PROPOSED ACTION: Unless Council expresses concern, staff intends to recommend approval of the land purchase contract between the City of Owasso and Cornerstone Center Inc., in the amount of $1,500,000 and authorize payment before or by April 1, 2020. ATTACHMENTS: Site Map Contract for Purchase and Sale of Real Property Subject Property E 116 St N Owasso Sports Park Mingo Road THIS CONTRACT is made and entered into by and between CORNERSTONE CENTER, INC., an Oklahoma corporation ( "Seller "), whose address is P. O. Box 572, Owasso, Oklahoma 74055 and CITY OF OWASSO ( "Purchaser'), whose address is 200 South Main, Owasso, Oklahoma 74055. WHEREAS, Seller owns the real property and all improvements thereon referenced on Exhibit "A" attached hereto as the (a) 14.64 acre tract and (b) the 48.26 acre tract, but specifically excluding the 8.95 acre tract and the unlabeled tract (the legal description of the property will be determined by survey and is referred to herein as the "Property ") (acreage numbers are for reference only); WHEREAS, Seller desires to sell and convey the Property to the Purchaser, and the Purchaser desires to acquire the Property from Seller. NOW, THEREFORE; in consideration of the mutual promises and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale and Purchase. Subject to the terms and conditions hereinafter set forth, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to buy and acquire, the Property. 2. Purchase Price. The total purchase price of the Property is $1,500,000, to be paid by Purchaser to Seller as hereinafter provided. 3. Title. Within twenty (20) days after the execution of this Contract and approval by the Owasso City Council, Seller shall provide Purchaser an abstract of title certified to within twenty days of delivery thereof showing a marketable title to the Property, subject only to reserved or previously severed mineral interests, easements, mineral leases, rights -of -way and building and use restrictions of record. Purchaser shall have ten (10) days after receipt of such abstract in which to have the abstract examined and furnish Seller notice in writing of any objections thereto. No matter shall be construed as a valid objection to title under this Contract unless it is so construed under the "Real Estate Title Examination Standards" of the Oklahoma Bar Association, where applicable. In case of valid objections to the title, Seller shall have ninety (90) days or such additional time as may be agreed to in writing by both parties to satisfy such objections. In the event the title cannot be perfected and is not insurable, or the Seller is unwilling to satisfy any objections to title, this Contract shall be of no further force and effect; provided, however, Purchaser may elect to purchase the Property with any defects in title, without further liability on the part of Seller. 4. Taxes and Prorations. Seller shall pay in full: (i) all special assessments against the Property upon the date of closing, whether or not payable in installments, and (ii) all taxes other than general ad valorem taxes for the current year, which are a lien on the Property on the Closing Date. General ad valorem taxes for the calendar year in which the closing occurs shall be prorated between Seller and Purchaser as of the Closing Date provided that, if the amount of such taxes has not then been fixed, the proration shall be based upon the rate of levy for the previous calendar year. 5. Risk of Loss. Until the Closing Date, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after the Closing Date, all risk of loss with respect to the Property shall be upon Purchaser. 6. Closing. If Seller's title to the Property is found to be good and marketable as provided above, or if all defects in said title are timely cured by Seller, a closing of the purchase and sale herein provided shall be held on such date as the parties may mutually agree, but in any event no later than April 1, 2020 (the "Closing Date "). The closing will be held at Investors Title & Escrow, or such other place as the parties may mutually agree. Any closing fee required by any insured or professional closing agent shall be split between Seller and Purchaser. 7. Payment. The purchase price for the Property shall be paid by Purchaser to Seller as follows: the entire purchase price (after prorations) to be paid in cash by Purchaser to Seller on the Closing Date. Deliveries at Closing. At the closing: (a) Seller will deliver a special warranty deed conveying the Property to the Purchaser; (b) Purchaser will make the cash payment due to Seller described in paragraph 7 above; and (c) The parties will execute and deliver (1) a closing statement evidencing their agreement with the computations of and adjustments to th e and make any payments in accordance therewith, and (2) further documents as may be necessary to effect contemplated herein. purchase price such other and the transaction 9. Documentary Stamps. Seller will pay all Oklahoma documentary stamps which are due and payable in connection with the transaction provided for herein. 10. Possess ioWEarly Occupancy. The sale and purchase provided for herein shall be effective as of, and possession of the Property, shall be surrendered by Seller to Purchaser on the Closing Date after the closing. Prior to closing, Purchaser may enter the Property and perform any and all of the following improvements: (a) clear and grub all or any portion of the Property; (b) remove beaver dams; (c) transport and store fill dirt on the Property; and (d) remove fill dirt from the 100 year flood plain on the Property and place it in the 100 year flood plain portion of Seller's property labeled on Exhibit A as the 8.95 acre tract and the tract in the northwest corner of the Exhibit with no acreage noted (collectively "Seller's Retained Land ".) 11. Default. If, while Seller is not in default with respect to any of its obligations hereunder, Purchaser fails or defaults in performance of any of its obligations hereunder and such failure or default continues for more than five (5) days after notice thereof by Seller to the Purchaser, Seller may, at its sole option, cancel and terminate this Contract by written notice to the Purchaser. 12. Seller's Retained Land. As part of the consideration for this transaction, Purchaser agrees that (1) once a water retention area is completed on the Property, any water retention /detention that might otherwise be required when Seller's Retained Land is developed, shall be accommodated by the retention area on the Property without any fee or cost to Seller or the owner /developer of Seller's Retained Land, and (2) to the extent of the dirt produced from the development of the retention pond by the Seller on the Property, such dirt shall be deposited in the 100 year flood plain portion of Seller's Retained Land to the extent necessary to remove all of Seller's Retained Land from the 100 year flood plain (but not the existing floodway portion.) 13. Notice. All notices given hereunder will be in writing and will be delivered or mailed by first class mail, return receipt requested, proper postage prepaid, addressed to the respective addresses set forth herein. The address of any party hereto may be changed by written notice to the other party in the manner hereinabove described. Except as otherwise provided herein, all such notices will be deemed to have been given when delivered or mailed as aforesaid by return receipt. 14. No Modification. This Contract may not be altered, changed or amended except by an instrument in writing signed by the parties hereto. This instrument contains the entire agreement of the parties hereto with respect to the transactions covered hereby and supersedes all other agreements between the parties, oral or written, relating to the subject matter hereof. 15. Governing Law, This Contract and all of its provisions shall be construed in accordance with and governed by the laws of the State of Oklahoma. 16. Binding Effect. This Contract shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto and the beneficiaries of the Seller's trust. 17. Headings. The descriptive headings of the paragraphs in this Contract are solely for convenience and shall not be relied upon in construing any provisions hereof. 18. Non- Waiver. The failure of any party hereto in any one or more instances to insist upon strict performance of any of the terms of this Contract shall not be construed as a waiver or relinquishment of the right to assert or rely upon such terms on any future occasion. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Contract for Purchase and Sale of Real Property. CORNERSTONE CENTER, INC., an Oklahoma corporation By: Dominic Sokolosky, President "Seller" CITY OF OWASSO By: Warren Lehr, City Manager "Purchaser' Approved as to legality and form: Julie Trout Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Board and Commission Appointments DATE: April 5, 2019 BACKGROUND: In order to continue citizen participation and city staff involvement on the various boards, committees, trusts, and commissions, an item has been placed on the April workession agenda to begin discussion of the annual appointment process. The purpose of this memorandum is to provide background information for each board or committee and identify terms which are vacant or set to expire June 30. AUDIT COMMITTEE - The purpose of the audit committee is to oversee the audit of financial statements, ensure the auditor is independent of city management and review internal controls and policies. The Audit Committee consists of five voting members and two non- voting ex- officio members (City Manager and Finance Director). With the exception of the City Council Representative who serves a one -year term, appointments are for three year terms: Lyndell Dunn (Seat 1, City Council Representative) Todd Ward (Seat 5, Banker) * In accordance with the City Ordinance, Seat No. I shall be held by a City Councilor who is serving the second year of their three -year term. Councilors Kelley and Lewis are eligible for this committee. BOARD OF ADJUSTMENT - This is a quasi- judicial body whose function is to hear and decide cases relating to zoning variances and appeals of the Building Inspector's interpretation of the building codes. Appeals of decisions made by this board must be taken to District Court. The Board of Adjustment contains five citizen members. Appointments are for three -year terms: Jim Bausch (At Large) Abhijeet Ufturkar (At Large) CAPITAL IMPROVEMENTS COMMITTEE - This committee reviews capital improvement requests and conducts a public meeting to discuss current projects, completed projects, and recommends additional projects proposed to be funded by the third -penny sales tax. This committee meets as necessary and is comprised of citizens, representatives of other boards and commissions, and city staff. Appointments are for one year terms: Bill Bush (City Council Representative) Chris Kelley (City Council Representative) Paul Loving (Planning Commission Representative) Dirk Thomas (OEDA Representative) Jeff Davis (Citizen Representative) Shawn Reiss (Citizen Representative) Jason Drake (Citizen Representative) Rob Haskins (Citizen Representative) Jim Hunter (Citizen Representative) Kent Inouye (Citizen Representative) Warren Lehr, City Manager Chris Garrett, Assistant City Manager Linda Jones, Finance Director OWASSO ECONOMIC DEVELOPMENT AUTHORITY - The duties of this authority are to plan, implement, and promote projects and programs that will directly benefit the economic well being of the community. The Authority is comprised of seven Trustees: five At -Large representatives, one representative of the Chamber of Commerce, and one City Councilor. With the exception of the Chamber Representative and the City Council Representative serving one year terms, member appointments are for five year terms: Dirk Thomas (At Large Representative) Gary Akin (Chamber Representative) Lyndell Dunn (Council Representative) PERSONNEL BOARD - This board meets when there is business to be addressed relating to appeals of personnel decisions made by the City Manager. Meetings are called by the Chairperson when a petition from a City employee is received in the Office of the City Clerk per the Personnel Policy Manual. The Personnel board contains three citizen members. Appointments are for three -year terms: Rob Wright (Citizen Representative) PLANNING COMMISSION - The purpose of this commission is to review and recommend to the City Council actions relating to zoning, platting, subdivision construction, annexation, commercial site plans, and other related planning functions. Appointments are for three -year terms: Paul Loving (Citizen Representative) Tim Miller (Citizen Representative) SALES TAX OVERSIGHT COMMITTEE - The purpose of this committee is to maintain citizen oversight of the collected third penny sales tax, ensure the proper use of revenues generated, and report findings to the public. This committee generally meets twice per year on the fourth Monday of March and September. Members are appointed for the life of the sales tax or until resignation or events cause a termination as defined in the committee policy. Appointees may not serve in any elective or other Council appointed position with the City of Owasso. The following positions are vacant due to either resignation or attendance requirements: VACANCY (Education Appointment) VACANCY (Building Industry Appointment) VACANCY (At Large Appointment) Education appointment is an individual employed by and actively engaged in an Owasso school, either as an administrator or a teacher, and who resides in the service area Building, Industry appointment is an individual who is engaged in real estate improvement consisting of construction and /or development and having their primary business within the service area INCOG ENVIRONMENTAL POLICY COMMITTEE - This INCOG committee works with state and federal governmental agencies to implement clean water, air quality, and energy programs for the region. Appointments to the committee are for one -year terms: Roger Stevens (Public Works) INCOG TRANSPORTATION POLICY COMMITTEE - This regional transportation committee facilitates a cooperative effort with federal, state, and local governments and other transportation agencies to assess the area's transportation requirements. Appointments to the committee are for one -year terms: Doug Bonebrake (City Council Representative) Warren Lehr (City Manager, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE - This committee works closely with the INCOG Transportation Policy Committee to develop comprehensive, multi -modal plans that address the transportation needs and goals of the region. Appointments to the committee are for one -year terms: Roger Stevens (Public Works) Dwayne Henderson (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY - The Authority is a joint venture of Tulsa, Broken Arrow, Owasso, Jenks, and Bixby. The purpose of the Authority is to fund regional municipality utility efforts. Appointments to the Authority are for one -year terms: Roger Stevens (Public Works Director) Dwayne Henderson (City Engineer)