HomeMy WebLinkAbout2021.07.13_Worksession AgendaThis meeting Is a work session for Council /Trustee discussion only.
There is no opportunity for public comments at work session. ()
PUBLIC NOTICE OF THE JOINT MEETING OF THE C/t -Vk Og 47Q, OWASSO CITY COUNCIL yClerk'.
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
OWASSO PUBLIC GOLF AUTHORITY (OPGA)
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, July 13, 2021 - 6:00 PM
AGENDA
1. Call to Order
Mayor /Chair Bill Bush
2. Discussion relating to a proposed renewal of the Motorola Service Agreement for the City's
radio communication system
Larry White
3. Discussion relating to Finance Department Items
Linda Jones /Jennifer Newman
A. Proposed contract with Mediclaims, Inc. for ambulance cost recovery of Medicaid
funding
B. Proposed budget amendment in the E-911 Fund
4. Discussion relating to Community Development Items
Karl Fritschen /Alexa Beemer
A. Request for a Planned Unit Development (OPUD 21 -01) - 51.43 acres located just
north of 10800 North 137th East Avenue, Tulsa Tech Owasso Campus (Redbud Village)
B. Request for a Specific Use Permit (SUP 21 -03) - 9.95 acres located at 1 1 121 North 1291h
East Avenue (Bible Church of Owasso)
C. Request for a Specific Use Permit (SUP 21 -04) - 2.42 acres located south of 11422
North 134th East Avenue (Criterion)
D. Request for rezoning (OZ 21 -03) - 1.19 acres located at 10602 North 97th East Avenue
from Agriculture (AG) to Commercial Shopping (CS)
S. Discussion relating to an increase in rates and fees charged at the Bailey Ranch Golf Club
Corey Burd
6. Discussion relating to City /Authority Manager items
Chris Garrett
A. Monthly sales tax report
B. City Manager report
7. Discussion relating to vacancies on the Owasso Planning Commission and Owasso Sales Tax
Oversight Committee and citizen appointments to fill the remaining terms
Mayor Bush
B. City Councilor /Trustee comments and inquiries
9. Presentation on Best Practices for Municipal Elected Officials, including questions and related
discussion
Beth Anne Childs, Acting City Attorney
Owasso City Council, OPWA S OPGA
July 13, 2021
Page 2
10. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and
the Agenda posted at City Hall, 200 South Main Stre t, at 12:00 pm on Fnd y, July 9, 2021.
i
a5fiann M. Stevens, City /Authority Clerk
b
The City of Owasso encourages citizen participation. To request on 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
Sd
TO:
The Honorable Mayor and City Council
FROM:
Larry White
Director, Support Services
SUBJECT:
Motorola Service Agreement
DATE:
July 9, 2021
BACKGROUND
The City of Owasso's radio system was upgraded by Motorola in the last quarter of 2015. This
upgrade included new infrastructure at the radio tower site and dispatch facility, and included
replacement of all the subscriber units in the field. The contract included a warranty period,
system upgrade agreements, and service agreements.
The Astro System Essential Service Agreement for the dispatch facility was included for a three -
year period from the date of acceptance. This Service Agreement provided for onsite system
support, preventive maintenance, repair and return service, security update service, technical
support, and an advance exchange program providing immediate replacement for a
malfunctioning unit. This Service Agreement was renewed each year following the end of the
initial three -year period.
The current Service Agreement ends in August, 2021. The proposed renewal Service Agreement
which would begin September 1, 2021, continues-coverage of these services for the dispatch
facility and includes the addition of network security monitoring. This is now referenced as the
Astro System Advanced Plus Package.
FUNDING:
The FY 2022 E -911 budget includes funding for renewal of the Service Agreement covering the
period September 1, 2021, through August 31, 2022, in the amount of $32,577.00.
An item has been included on the July 13, 2021, Worksession agenda for discussion
ATTACHMENT:
Service Agreement
0 MOYCPROLA SOLUTIONS
500 W Monroe Street
Chicago, IL. 60661
(888) 325 -9336
Date: 02/04/2021
Company Name: OWASSO. CITY OF
Attn:
Billing Address: 111 N MAIN ST
City, State, Zip: OWASSO , OK, 74055
Customer Contact: Larry White
Phone: 918 - 272 -3459
SERVICE AGREEMENT
Quote Number : QUOTE- 1412078
Contract Number: USC000090569
Contract Modifier: R04 -SEP -2021
Required P.O. :
Service Name
Customer # :
1000704214
Bill to Tag #:
LSVOI S01109A
Contract Start Date :
01- Sep -2021
Contract End Date :
31- Aug -2022
Anniversary Day:
Aug 31st
Payment Cycle:
MONTHLY
PO #:
Totall
Qty
Service Name
Service Description
Extended Amt
LSVOI S01109A
ASTRO SYSTEM ADVANCED PLUS PACKAGE
$32,577.00
Subtotal - Recurring Servicesi
$2,714.75
$32,577.00
Subtotal - One -Time Event Servicesl
$0.0
$0.00
Totall
$2,714.7q
$32,577.00
THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE
APPLICABLE, TO BE VERIFIED BY MOTOROLA
SPECIAL INSTRUCTIONS:
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and
Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE
CUSTOMER (PRINT NAME)
TITLE
I17a\I:1
MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Cody Benningfield 512 - 202 -2162
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
0 AgOrOROLA SOLUTIONS
500 W Monroe Street
Chicago, IL. 60661
(888) 325 -9336
Company Name:
Contract Number:
Contract Modifier :
Contract Start Date
Contract End Date
OWASSO, CITY OF
USC000090569
R04 -SEP -2021
01- Sep -2021
31- Aug -2022
SERVICE AGREEMENT
Quote Number : QUOTE- 1412078
Contract Number: USC000090569
Contract Modifier: R04 -SEP -2021
® MOTOROLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : QUOTE - 1412078
Chicago, IL. 60661 Contract Number: USC000090569
(888) 325 -9336 Contract Modifier. R04 -SEP -2021
Service Terms and Conditions
Motorola Solutions Inc. ('Motorola') and the customer named in this Agreement ("Customer') hereby agree as follows:
Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or
other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION
2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as
applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,
these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments,
unless the cover page or attachment states otherwise.
2.2 "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3 "Services" means those installation, maintenance, support, training, and other services described in this Agreement.
Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes
binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.
At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services.
4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth
in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed
4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment
may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by
Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any
Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the
month in which Motorola receives the written notice.
4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6 If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced for any reason, Motorola may modify the scope of
Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.
4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customers notification in a manner consistent with the
level of Service purchased as indicated in this.
Section 5. EXCLUDED SERVICES
5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary,
Intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear, or accident, liquids, power surges,
neglect, acts of God or other force majeure events.
5.2 Unless specifically included In this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries
or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower fighting, duplexer, combiner, or multicoupler.
Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment
malfunction caused by the transmission medium.
0 M07CPHOLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : QUOTE- 1412078
Chicago, IL. 60661 Contract Number: USC000090569
(888) 325 -9336 Contract Modifier: R04 -SEP -2021
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide
Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment.
Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to
the hardware and software elements of any system with which the Equipment Is interfacing so that Motorola may perform its Services. Unless otherwise
staled in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or
expenses are reasonably Incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day,
seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each
year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result
of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all
Invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on
invoices for payment in accordance with this Agreement.
8.3 For multi -year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall
be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate
increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount
exceeding 3 %. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the
annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of Illustration, if in year 5 the CPI reported an increase of
8 %, Motorola may increase the Year 6 price by 5% (8 %-3% base).
Section 9. WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date
the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the
non - conforming Service or to refund, on a pro-rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Section 10. DEFAULTITERMINATION
10.1 If either party defaults in the performance of this Agreement, the other party will give to the non - performing party a written and detailed notice of the
default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin Implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the Injured
party, in addition to any other rights available to It under law, may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which
may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to
Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
Except for personal Injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be
limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement.
aMOTOROLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : QUOTE- 1412078
Chicago, IL. 60661 Contract Number: USC000090569
(888) 325 -9336 Contract Modifier: R04 -SEP -2021
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE
LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR
THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an
open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the
Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The
Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.
12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference
to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order,
acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the
intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized
representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.1 Any information or data in the form of specifications, drawings, reprints, technical Information or otherwise furnished to Customer under this
Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be prompfiy returned at Motorola's request.
Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use
confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive
the expiration or termination of this Agreement.
13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be
deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, Including cost
and pricing data.
13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright,
trade secret, or other intellectual property, Including any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal,
state, or local government agency and for complying with all rules and regulations required by govemmental agencies. Neither Motorola nor any of its
employees is an agent or representative of Customer in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment
of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This
provision applies only to those employees of Motorola or Its subcontractors who are responsible for rendering services under this Agreement. If this
provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or fumished by Motorola for the purpose of this Agreement will be and
remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from
Customer's premises by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.
17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the Stale in which the Services are
performed.
17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
0 MOTOROLA SOLUTIONS
500 W Monroe Street
Chicago, IL. 60661
(888) 325 -9336
SERVICE AGREEMENT
Quote Number : QUOTE- 1412078
Contract Number: USC000090569
Contract Modifier. R04 -SEP -2021
17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes,
material shortages, or acts of God.
17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of
the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be
void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of
Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business'), whether by way of a sale,
establishment of a joint venture, spinoff or otherwise (each a "Separation Event'), Motorola may, without the prior written consent of the other Party and at
no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its
affiliates, to the extent applicable) following the Separation Event.
17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS
EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION
TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may
adjust the price of the Services to reflect its current rates.
17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or
expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this
Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the
purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this
Agreement shall be treated as and shall have the same effect as an original signed copy of this document.
Revised June 16, 2018
RF.,1L People • REgt Wncmr• 0.FALCemmumry
TO: The Honorable Mayor and City Council
FROM: Larry White
Director, Support Services
SUBJECT: Motorola Service Agreement
DATE: October 11, 2019
BACKGROUND:
APPROVED BY COUNCIL
OCT 15 2019
The City of Owasso's radio system was upgraded by Motorola in the last quarter of 2015. This
upgrade included new infrastructure at the radio tower site and dispatch facility, and included
replacement of all the subscriber units in the field. The contract included a warranty period,
system upgrade agreements, and service agreements.
The Astro System Essential Service Agreement for the dispatch facility was included for a three -
year period from the date of acceptance. This Service Agreement provided for onsite system
support, preventive maintenance, repair and return service, security update service, technical
support, and an advance exchange program providing immediate replacement for a
malfunctioning unit.
This Service Agreement ended in August, 2019. An agreement for renewal of the services
covering the period September 1, 2019, through August 31, 2020, in the amount of $28,664.88 is
requested for Council consideration and action.
FUNDING:
The FY 2020 E -911 budget includes funding for renewal of the Service Agreement.
RECOMMENDATION:
Staff recommends approval of the dispatch radio Astro System Essential Service Agreement with
Motorola Solutions, of Schaumburg, Illinois in the amount of $28,664.88, and authorization for the
City Manager to execute the renewal agreement.
ATTACHMENT:
Service Agreement
AgOTOROLA SOLUTIONS
1299 E Algonquin Rd
Attn: National Service Support, ILO6 Door # 82
Schaumburg, IL 60196
Date: 08127/2019
Company Name: OWASSO, CITY OF
Attn:
Billing Address: 111 N MAIN ST
City, State, Zip: OWASSO , OK, 74055
Customer Contact: Larry White
Phone: 918- 2723459
SERVICE AGREEMENT
Quote Number : QUOTE - 669378
Contract Number. USC000090569
Contract Modifier. R30- JAN -19 02:49:03
Required P.O.:
Customer # : 1000704214
Bill to Tag #:
Contract Start Date: O1Sep -2019
Contract End Date: 31- Aug -2020
Anniversary Day: Aug 31st
Payment Cycle: MONTHLY
PO #:
Qty
Service Name
Service Description
Monthly Ext
Extended Amt
LSVOIS01107A
ASTRO SYSTEM ESSENTIAL PLUS PACKAGE
$2,388.74
$28,664.88
— DISPATCH
— ONSITE SYS SUPPORT-STD
— PREVENTIVE MAINTENANCEI
— REPAIR AND RETURN
— SECURITY UPDATE SERVICE
— SYSTEM TECH SUPPORT
— ADVANCE EXCHANGE
Subtotal - Recurring Servicesi
$2,388.74
$28,664.88
Subtotal - One -Time Event Service s
$0.0
$0.0
Totall
$2,388.7
$28664.8
THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE
APPLICABLE, TO BE VERIFIED BY MOTOROLA
M.+ Mrnn I inEV1nI M ek�i
I received Statements of
Conditions, a copy of
that describe the services provided on this Agreement. Motorola's Service Termsand
aHa d to this Service Agreement, is Incorporated herein by this reference,
Oitll 4alw -nzt- 10 17 /1%
AUTHORIZED CUSTOMER SIGNATURE ITLE DATE
MOTOROLA SOLUTIONS
1299 E Algonquin Rd
Attn: National Service Support, IL06 Door # 82
Schaumburg, IL 60196
CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE(SIGNATURE)
Chris Atten
MOTOROLA REPRESENTATIVE(PRINT NAME)
Company Name: OWASSO, CITY OF
Contract Number: USC000090569
Contract Modifier: R3D- JAN -19 02:49:03
Contract Start Date : 01- Sep -2019
Contract End Date: 31- Aug -2020
SERVICE AGREEMENT
Quote Number : QUOTE - 669378
Contract Number. USC000090569
Contract Modifier. R30- JAN -19 02:49:03
6 '"L . lc'f -'S�I r°I
TITLE
469 - 712 -9832
PHONE
DATE
MOYOROLA SOLUTIONS SERVICE AGREEMENT
1299 E Algonquin Rd Quote Number : QUOTE- 669378
Attn: National Service Support, iLO6 Door # 82 Contract Number: USCOOOO9O559
Schaumburg, IL 60196 Contract Modifier: R30-JAN-1902:49:03
Service Terms and Conditions
Motorola Solutions Inc. ('Motorola') and the customer named in this Agreement ("Customer"} hereby agree as follom:
Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or
other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION
2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as
applicable; and any other attachments, all of which are incorporated herein by this reference. In Interpreting this Agreement and resolving any ambiguities,
these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments,
unless the cover page or attachment states otherwise.
2.2 "Equipment" means the equipment that Is speed In the attachments or is subsequently added to this Agreement.
2.3 "Services° means those installation, maintenance, support, training, and other services described in this Agreement
Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set form in the Agreement. This Agreement becomes
binding only when accepted In writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.
At Customer's request Motorola may also provide additional services at Motorola's then- applicable rates for the services.
4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth
in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola Will be followed
4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the Initial Equipment, the additional equipment
may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4 All Equipment must be in good wording order on the Start Date or when additional equipment is added to the Agreement Upon reasonable request by
Motorola, Customer will provide a complete serial and model number list of the Equipment Customer must promptly notify Motorola in writing when any
Equipment Is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the and of the
month In which Motorola receives the written notice.
4.5 Customer must specifically Identify any Equipment that Is labeled Intrinsically safe for use in hazardous environments.
4.6 If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced for Orly reason, Motorola may modify the scope of
Services related to that Equipment; remove that Equipment from the Agreement; or Increase the price to Service that Equipment.
4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's no60cation in a manner comistentwith the
level of Service purchased as indicated in this_
Section S. EXCLUDED SERVICES
5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary,
intended, and authorized manner, use not In compliance with applicable Industry standards; excessive wear and tear, or accident, liquids, power surges
neglect, acts of God or other force ma)eure events.
5.2 Unless specifically included in this Agreement, Service excludes items that are consumed In the normal operation of the Equipment such as batteries
or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or lower lighting, duplexer, combiner, or muilicoupler.
Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment
malfunction caused by the lransmission medium.
1KOT0ROLA SOLUTIONS SERVICE AGREEMENT
1299 E Algonquin Rd Quote Number : QUOTE - 669378
Attn: National Service Support, IL06 Door # 82 Contract Number. USCO00090569
Schaumburg, IL 60196 Contract Modifier. R30-JAN-1902:49:03
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement When Motorola performs service at Customer's location, Customervall provide
Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment.
Waivers of (lability from Motorola or its subcontractors will not be Imposed as a site access requirement Customer will provide all information pertaining to
the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform is Services. Unless otherwise
slated In this Agreement, the hours of Service will be 8:30 am. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements- If these charges or
expenses are reasonably incurred by Motorola in rendering the Services. Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT
Cuslomervall provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenly- fcur(24) hours perday,
seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
81 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each
year through the contract end date. Unless alternative payment terms are staled in this Agreement, Motorola will Invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the Invoice dale
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise faxes, and other taxes or assessments that are levied as a result
of Services tendered under this Agreement (except Income, profit and franchise taxes of Motorola) by any governmental entity. The Customer Wit pay all
Invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference Information to include on
Invoices for payment in accordance with this Agreement.
8.3 For multi -year service agreements. at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shelf
be performed using the U.S.Departmenl of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate
Increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI Increase amount
exceeding 3 %. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the
annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration. If In year 5 the CPI reported an increase of
6 %, Motorola may Increase the Year 6 price by 5% (8 % -3% base).
Section S. WARRANTY
Motorola warrants that its Services under this Agreement will be free of detects In materials and workmanship for a period of ninety (90) days from the date
the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perPortn the
non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE—
Section 10. DEFAULTITERMINATION
10.1 if either party defaults In the performance of this Agreement, the other party will give to the non - performing party a mitten and detailed notice of the
default. The non - performing party will have thirty (30) days thereafter to provide a written plan to core the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval. if the non - performing party fags to provide or implement the cure plan, then the Injured
parry, In addition to any other rights available to it under law. may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
102 Any termination of this Agreement will not relieve eliher party of obligations previously incurred pursuant to this Agreement, including payments which
may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement Upon the effective date of termination, Motorola will have no further obligation to provide Services.
10,3 It the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer wall pay to
Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
MOTOROLA SOLUTIONS
1299 E Algonquin Rd
Attn: National Service Support, IL06 Door # 82
Schaumburg, IL 60196
SERVICE AGREEMENT
Quote Number : QUOTE - 669378
Contract Number. USC000090569
Contract Modifier: R30-JAN-1902:49:03
Except for personal injury or death, Motorola's total liability, whether for breach of contract vvmanly, negligence, strict liability in tort, or otherwise, will be
limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE
LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE: LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR
THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an
open account. This limitation of fiabilily will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the
Services, and there are no agreements or representations conceming the subject matter of this Agreement except for those expressed herein The
Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.
12.2 Customer agrees to reference this Agreement on any purchase order issued In furtherance of this Agreement, however, an omtssion of the reference
to this Agreement will not affect Its appfieability. In no event will either party be bound by any terms contained in a Customer purchase order.
acknowledgement, or other writings unless: the purchase order, acknowledgement, or other waiting specifically refers to this Agreement; clearly indicate the
intention of both parties to override and modify this Agreement; and the purchase order. acknowledgement or other wflUng is signed by authorized
representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.1 Any Information or data in the form of specifications. drawings, reprints, technical information or otherwise furnished to Customer under this
Agreement Wit remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request.
Customer may not disclose, without Motorola's written permission or as required by law, any confidential Information or data to any person, or use
confidential information or data for any purpose other than performing Its obligations under this Agreement. The obligations set forth In this Section survive
tie expiration or termination of this Agreement.
132 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be
deemed secret orconfidential. Motorola will have no obligation to provide Customerwith access to its mnfidentlal and proprletary Information, Including cost
and pricing data.
13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ovmershlp right or license under any Motorola patent copyright,
trade secret, or other Intellectual property, Including any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is safety responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal,
stale, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its
employees is an agent or representative of Customer in any governmental matters.
Section 1S. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period or two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment
of or recommend employment to any third party of any employee of Motorola or its subcontractors without the prlorwritlen authorization of Motorola. This
provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement If this
provision is found to be overly broad under applicable law, It will be modified as necessary to conform to applicable law.
Section 16, MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or famished by Motorola for the purpose of this Agreement will be and
remain the sole property of Motorola. Customer will safeguard all such property white It is in Customer's custody or control, be liable for any loss or damage
to this property, and return It to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from
Customer's premises by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue In full force and effect.
17.2 This Agreement and the rights and duties of the parties will be Interpreted in accordance with the laws of the State in which the Services are
performed.
A010TVROLA SOLUTIONS
1299 E Algonquin Rd
Attn: National Service Support, IL06 Door # 82
Schaumburg, IL 60196
17.3 Failure to exercise any right wilt not operate as a waiver of that right, power, or privilege.
SERVICE AGREEMENT
Quote Number : QUOTE - 669378
Contract Number: USC000090569
Contract Modifier: R30- JAN -19 02:49:03
17.4 Neither party Is liable for delays or lack of performance resulfing from any causes that are beyond that party's reasonable control, such as strikes,
material shortages, or acts of God.
17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.6 Except ae provided herein, neither Parry may assign this Agreement or any of Its rights or obligations hereunderwlthout the prior written consent of
the other Party, which consent will not be unreasonably vhthheid. Any attempted assignment, delegation, or transfer without the necessary consent will be
void. Notwithstanding the foregoing. Motorola may assign this Agreement to any of its aRifates or Its right to receive payment Wthout the prior consent of
Customer. In addition, in the event Motorola separates one or more of its businesses (each a'Separated Busfnessl, whether by way of a sale,
establishment of a Joint venture, spin-off or othervilse (each a'Separation Event). Motorola may, without the prior written consent of the other Party and at
no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its
a8111ates. to the extent applicable) following the Separation Event. _
17.7 THIS AGREEMENT IMLL RENEW, FOR AN ADDITIONAL ONE(1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS
EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION
TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may
adjust the price of the Services to reflect Its current rates.
17.8 If Motorola provides Services after the termination cr expiration of this Agreement, the terms and conditions In effect at the time of the termlnalkm or
expiration wilt apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates.
17.9 This Agreement maybe executed in one or more counterparts, all of Witch shall be considered part of the Agreement. The parties may execute this
Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the
purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer Image of this
Agreement shall be treated as and shall have the same effect as an original signed copy of this documenL
Revised June 18, 2018
sd
a� o�..wE.LC.�. -�C�
TO:
The Honorable Mayor and City Council
FROM:
Linda Jones, Finance Director
SUBJECT:
Contract for Medicaid Cost Recovery Services
DATE:
July 9, 2021
BACKGROUND:
The City has contracted with Mediclaims, Inc. for ambulance service insurance reimbursement
claiming since March 1, 2000, at a rate of 10% of revenues collected.
Mediclaims, Inc. has expanded its services to recovery of Medicaid funding through the
Supplemental Reimbursement Program, also referred to as the Ground Emergency Medical
Transportation (GEMT). Because recovery of the additional funds is more labor intensive,
Mediclaims charges 13.5% of revenues recovered. The new GEMT revenues represent
approximately $245,000 annually to the City.
Approval of the contract for GEMT revenue claiming would result in approximately $211.,000 in
net revenues to the City. Existing services, provided by Medicaid, Inc. since 2000, would
continue to be compensated at 10% of the collected revenues.
ATTACHMENT:
Contract for Processing Medicaid Cost Recovery Services
CONTRACT
PROCESSING MEDICAID COST RECOVERY SERVICES
GEMT FUNDING
This contract is entered into by and between City of Owasso (Client) and Mediclaims, Inc
(Mediclaims) as of July 1, 2021 (Effective Date).
Mediclaims will work with Client to analyze and report costs for Medicaid that will help the
Client realize revenue related to Supplemental Reimbursement Program for Ground Ambulance
Transportation Providers, also referred to as the Ground Emergency Medical Transportation
(GEMT) or Certified Public Expenditure (CPE) Program, as administered by Oklahoma Health
Care Authority (OCHA).
Mediclaims will work with Public Consulting Group, Inc (Subcontractor) to develop the reports
necessary for completion and submit all reports to GEMT on the Client's behalf.
1. Relationship of the Parties
a. The parties agree that SUBCONTRACTOR is an independent contractor, and that
neither it nor any of its employees is an employee, agent, partner, or joint-
venturer of Mediclaims.
b. SUBCONTRACTOR shall secure and maintain all insurance, licenses, and /or
permits necessary to perform the Subcontracted Services. SUBCONTRACTOR
shall be responsible for paying its employees, and for paying all applicable state
and federal taxes including unemployment insurance, social security taxes, and
state and federal withholding taxes. SUBCONTRACTOR understands that neither
it nor its employees will be eligible for benefits or privileges provided by PRIME
to its employees. PRIME will deliver to SUBCONTRACTOR statements of income
at the end of each tax year consistent with its independent contractor status.
C. Except as may be otherwise provided in a Prime Contract, or this Agreement,
SUBCONTRACTOR has complete and exclusive authority over the means and
methods of performing the Subcontracted Services, need not adhere to policies
and procedures applicable to Mediclaims employees, and may perform the
Subcontracted Services according to its own schedule at its own offices or at any
other location. SUBCONTRACTOR shall hire its own employees, use its own tools
and equipment, and purchase its own supplies.
Mediclaims, with the assistance of PCG agrees to:
Conduct a thorough review of operational and administrative costs to determine 2 CFR Part
200 allowable costs to report on a cost report approved by HHSC.
• Conduct comprehensive analysis of the billing reports provided by CLIENT, ensuring that
key data elements such as dates of service, procedure codes, charges and payments
related to Medicaid are screened and accurately accounted for in the cost report.
• Develop and applying appropriate cost allocation methodologies using the utilization data
produced by a Client's Computer Aided - Dispatch (CAD) system.
• Submit annual cost reports on behalf of a Client to OHCA that will allow such Client to
realize incremental revenue under the Supplemental Reimbursement Program.
• Refine the cost reports and /or other items of cost based on the review from OHCA and /or
Centers for Medicare and Medicaid Services ( "CMS ").
• Provide Medicaid subject matter expertise and representation during the OHCA review and
approval of the submitted cost reports.
• Draft responses, providing supporting documentation, and conducting comprehensive
billing reconciliations as required during OHCA desk review process.
• Work with the Client to present updates and status reports to such Client's administrative
body or other interested parties within the community, as necessary, to help educate and
inform them on the progress of this initiative.
• Act as a liaison between OHCA and the Client to address any questions and keep such
Client informed of changes in state and federal regulations.
PCG will work closely with Mediclaims and the Client throughout the cost reporting
implementation process and will require regular contact with operational and financial staff
within both organizations.
The Client Agrees:
• To provide all necessary cost allocation reports, budgets and billing information needed to
complete the cost report accurately each year.
• To work directly and indirectly with PCG to gather all necessary information to complete
the cost report accurately each year.
• All funds from the Supplemental Reimbursement Program for Ground Ambulance
Transportation shall be received by the Client paid in full directly from OHCA. Following
payment, Mediclaims will invoice the Client based on fee negotiated and agreed upon by
all parties.
• To compensate Mediclaims 13.5% of gross GEMT revenue after final payment is made to
the Client.
Termination. This agreement shall renew automatically, on the same terms identified herein,
for a period of one year from each anniversary date of this agreement, unless terminated
pursuant to Termination clause or unless either party provides no less than thirty (30) days'
notice of non - renewal prior to the end of the then current terms. The Agreement may be
terminated before the end of the term pursuant to the following sections.
a. Termination for Cause: This Agreement may be terminated immediately by
either party:
(1) Following a material breach of this Agreement and a failure to cure such
breach within a reasonable period after written notice, not to exceed ten
(10) business days.
(2) If either party files a petition under any chapter of the Bankruptcy Act, 11
U.S.C. §§ 101 et seq., an involuntary petition under that Act is filed
against either party, a party commences an action in any country under
laws providing for the relief of winding up of insolvent or liquidating
persons or entities, or files for the appointment of a receiver or becomes
insolvent, and such matters are not discharged or relieved within sixty
(60) days; or
(3) Debarment or suspension of either party by competent authority, if such
debarment or suspension precludes the participation by such party in
pursuing this Agreement, or indictment of either party in any criminal
proceeding related to doing business with a public entity as the Client,
contractor or Mediclaims.
b. Termination for Convenience: This Agreement may be terminated for
convenience by THE CLIENT at any time upon sixty (60) days' written notice to
MEDICLAIMS. If THE CLIENT terminates this Agreement for convenience prior to
the completion or submission of a cost report, MEDICLAIMS shall invoice THE
CLIENT, and THE CLIENT shall compensate MEDICLAIMS, at an hourly rate of
$250 for the time MEDICLAIMS expended in preparing such cost report. If THE
CLIENT terminates this Agreement for convenience after the submission of a cost
report, but prior to payment being received by the Client, the parties agree that
the compensation provisions, including those listed under compensation shall
survive termination of the Agreement, and THE CLIENT shall timely compensate
MEDICLAIMS pursuant to those provisions upon THE CLIENT's receipt of funds
from OHCA.
2. Miscellaneous
a. LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM ANY TYPE OR
MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS. UNDER NO
CIRCUMSTANCES SHALL EITHER PARTY'S AGGREGATE LIABILITY UNDER THIS
AGREEMENT TO THE OTHER PARTY EXCEED AN AMOUNT EQUAL TO THE TOTAL
FEES PAID BY THE CLIENT TO MEDICLAIMS PURSUANT TO SECTION 1 OF THIS
AGREEMENT DURING THE PRIOR TWELVE (12) MONTH PERIOD.
b. The parties agree that the terms of this Agreement result from negotiations
between them. This Agreement will not be construed in favor of or against either
party by reason of authorship.
C. Neither party shall be responsible for delays or failures in performance resulting
from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes,
war, epidemics, pandemics, shortage of power, or other acts or causes
reasonably beyond the control of that party. The party experiencing the force
majeure event agrees to give the other party notice promptly following the
occurrence of a force majeure event, and to use diligent efforts to re- commence
performance as promptly as commercially practicable.
d. The captions and headings in this Agreement are for convenience only and are
not intended to, and shall not be construed to, limit, enlarge, or affect the scope
or intent of this Agreement. nor the meaning of any provisions hereof.
e. Each party represents that: (1) it has the authority to enter into this Agreement;
and (2) that the individual signing this Agreement on its behalf is authorized to
do so.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date written above.
CITY OF OWASSO MEDICLAIMS, INC.
BY:
BY:
NAME: NAME:
TITLE:
TITLE:
DATE: DATE:
sd
TO: The Honorable Mayor and City Council
FROM: Jennifer Newman
Assistant Finance Director
SUBJECT: Budget Amendment in the E -911 Fund
DATE: July 9, 2021
BACKGROUND:
The E -911 Fund is established to pay E -911 system service charges and other Emergency
Communications needs, i.e. Emergency Communication Department employees, supplies, etc.
E -911 funding is currently provided through fees collected and remitted by telephone service
providers. This funding does not cover all expenses related to the City Emergency
Communication Department. Currently, there is an additional $2,078,048 budgeted in the
General Fund to cover Emergency Communications, for a total budget of $2,380,848.
To simplify the accounting process for Emergency Communications and to more clearly disclose
the cost of these services to the Oklahoma 9 -1 -1 Management Authority, Staff is recommending
to have all eligible expenses for the E -911 Fund be appropriated to that Fund, and have a cash
transfer from the General Fund to the E -911 Fund to pay for the shortfall of expenses not covered
by telephone fees.
PROPOSED ACTION:
A budget amendment is proposed to increase the revenues and appropriation for expenditures
in the E -911 Fund by $1,969,627. The adopted FY 2022 Budget includes an appropriation in the
General Fund sufficient to facilitate the transfer to the E -911 Fund. Therefore, a General Fund
amendment is not necessary.
An item has been placed on the July 13, 2021 Worksession agenda for discussion.
0905-50
TO: The Honorable Mayor and City Council
FROM: Karl Fritschen AICP, RLA
Planning Manager
SUBJECT: OPUD 21 -01- Redbud Village
DATE: July 9, 2021
BACKGROUND:
The Community Development Department received a Planned Unit Development (PUD)
application (OPUD 21 -01) for Redbud Village, a proposed mixed -use development. The subject
property is comprised of one (1) tract located just north of the Tulsa Tech College /Tulsa
Community College campus at 10800 North 137th East Avenue. The property is approximately
51.43 acres in size and is currently zoned Commercial Shopping (CS), Commercial General (CG),
and Light Industrial (IL) under a portion of OPUD O1 -04. If approved, this PUD request will also
abandon a portion of OPUD 01 -04 and rezone the property with CS and Residential Medium
(RM) districts.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan I Jurisdiction
North
CS (Commercial Shopping),
O (Office), IL (Light Industrial)
Undeveloped
Commercial
City of Owasso
South
O (Office)
Education Facility
Public
City of Owasso
East
RS -3 (Residential Single-
Family)
Residential
Residential
City of Owasso
West
AG (Agriculture)
Highway
N/A
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
51.43 acres +/-
RM = 23.96 acres +/-
CS = 27.47 acres +/-
Current Zoning
CS (Commercial Shopping), CG (Commercial General) and
Light Industrial IL
Proposed Use
Office /Commercial /Attached Housing/Mixed-Use
Proposed Zoning
CS Commercial Shopping), RM Residential Multi -family)
Land Use Master Plan
Commercial and Transitional
Within PUD?
Yes; OPUD O1 -04
Within Overlay District?
Yes; US -169 Overlay District
Water Provider
Washington County Rural Water District #3
Applicable Paybacks /Fees
Storm Siren Fee ($50.00 per acre)
Elm Creek Sewer Service Assessment Area 1580.00 per acre
Streets Public or Private
Public
OPUD 21 -01
Page 2
CONCEPT OF A PUD:
A PUD is a development concept that allows for greater creativity and flexibility than typically
allowed under traditional zoning and planning practices. For example, PUD's often allow
developers to place different zonings and land uses in close proximity to each other. Developers
may also have more flexibility in certain aspects of development, such as building setback
requirements and building height limitations, which can be more restrictive in standard zoning
districts.
However, a PUD should not be considered as a tool to circumvent the City's Zoning Code and
Subdivision Regulations. All aspects of the PUD application are subject to public comment as
well as consideration and approval from the Community Development Department, the Owasso
Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council.
PUD applications presented to the Planning Commission and City Council are for approval of
the uses and the overall conceptual development plan as it relates to the context of the
surrounding area.
ANALYSIS:
The subject property was annexed with Ordinance 692 in 2002, and is currently zoned CS, CG, and
IL under OPUD 01 -04. If OPUD 21 -01 is approved, it will replace a portion of OPUD 01 -04 and the
new development standards, allowed uses, and development plan for OPUD 21 -01 would then
govern the uses on the property.
The conceptual development plan submitted for OPUD 21 -01 identifies a variety of uses and will
function as true mixed -use development. The main commercial /mixed -use portion of the
development is centered around a large water feature, while other commercial and office uses,
senior housing, and multi - family housing comprise the remaining areas of the development. The
multi - family development area lies in the western portion of the property and serves as a buffer
between the adjacent single - family neighborhood (Chelsea Park) and proposed more intense
commercial uses. This pattern follows the basic transition principals established in the land use
master plan. Additionally, there is a + / -100 foot Grand River Dam Authority power line easement
that runs diagonally between the multi - family area and the single - family neighborhood that will
further augment the buffer.
The development lies within the US -169 Overlay District and as presented appears to conform to the
requirements and represents the type of development that the Overlay was designed to attract.
As each site plan is submitted for different areas within the development, they will be reviewed to
ensure they meet the requirements of the Overlay as well as other design requirements of the
Zoning Code.
Access to the development would be taken from two locations off of North 137th East Avenue, with
the final determination of access points and any needed right -of -way dedication to occur at the
time of platting. An internal private road will connect both of the access roads in a semi - circle
pattern with other smaller connector roads feeding the other development areas. In addition to
the large water feature, the PUD proposes a large detention pond in the southeast corner of the
property. The project also proposes an internal trail system to connect all areas of the development
as well as the Chelsea Park neighborhood to the east.
A conceptual landscape plan has been provided with the PUD documents and a fully detailed
landscape plan will be required to be submitted for City staff approval at the time of site plan
review for each phase of the development. All landscaping and off - street parking would be
required to meet the requirements identified in the Owasso Zoning Code.
OPUD 21-01
Page 3
Regarding signage, the development proposes two multi- tenant 30 -ft pylon signs at each primary
entrance for business inside the Redbud Development for highway visibility. In addition to the pylon
signs, 6 -ft monument signs will be allowed in the development for the businesses to use at their
discretion. To help with traffic flow, directional signs may be used to help the public navigate
through the development. Building signs shall be consistent with the signage standards set forth in
the Sign Chapter of the Owasso Zoning Code. Staff believes that this arrangement will provide for a
more consistent signage theme and uniformity through the development and is similar to what has
been allowed in other similar larger developments.
The City of Owasso will provide sanitary sewer, fire, police, and ambulance services to the property.
Water service will be provided to the property by Washington County Rural Water District #3.
Any future development that occurs on the subject property must adhere to all Owasso
subdivision, zoning, and engineering requirements.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
After considering the existing zoning and land uses on the surrounding properties, staff
determined the proposed mixed -use development with a zoning of CS and RM is appropriate for
this location. The concept plan is designed to complement surrounding uses and employs good
transitional planning principals to protect the existing residential neighborhood to the east.
Further, the proposed development serves to provide uses that the US -169 Overlay was
established to attract.
GROWASSO 2030 LAND USE MASTER PLAN CONSISTENCY:
The GrOwasso 2030 Land Use Master Plan is a document that acts as a moderately flexible tool for
evaluating development proposals. Currently, the Land Use Master Plan identifies the entirety of
the subject property for Commercial land uses, but it further describes that Multi - Family as a
possible use. In most cases, this means that the multi - family use is a component of a larger
mixed -use project. Considering this, the zoning of RM and CS is appropriate for this PUD request.
PLANNING COMMISSION & COUNCIL CONSIDERATION:
When evaluating a PUD, future planning issues must be considered. According to the Owasso
Zoning Code, the Planning Commission and City Council shall hold a public hearing on any PUD
application and determine the following:
a. Whether the PUD is consistent with the GrOwasso 2030 Land Use Master Plan.
b. Whether the PUD is in harmony with the existing and expected development of
surrounding areas.
c. Whether the PUD is a unified treatment of the development possibilities of the project
site.
d. Whether the PUD is consistent with the stated purpose and standards of the PUD
Ordinance, which are:
1. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
2. To permit flexibility within the development to best utilize the unique physical features
of the particular site;
3. To provide and preserve meaningful open space; and
4. To achieve a continuity of function and design within the development.
OPUD 21 -01
Page 4
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on July 12, 2021.
ATTACHMENTS:
Aerial Map
Zoning Map
GrOwasso 2030 Land Use Master Plan Map
Redbud Village PUD Proposal
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RED BUD VILLAGE
PLANNED UNIT DEVELOPMENT
City of Owasso, Oklahoma
A planned unit development consisting of designated Commercial and Residential areas in the
City of Owasso, Tulsa County, Oklahoma.
Planned Unit Development # 21 -01
Location:
The property located in the S/2 of the NE /4 of Section 9, Township 21 North, Range 14 East, Tulsa
County, Owasso, Oklahoma. Specially, the property is located on the east side of North 137'
East Avenue, between North 10611 Street and North 116th Street, north of the Tulsa Technology
Center.
Date Prepared:
June 29, 2021
Owner
ADR Property Holdings
Dean West
10402 N. 1615t Ave.
Owasso, OK 74055
P:(918)627 -3326
E: dean @westcousa.com
Engineer
Gridline Engineering
David Henke, PE, CFM
29204 E 7011 St. S
Broken Arrow, Oklahoma
P:(314)435 -6302
E: david@gridlineengineering.com
Surveyor
Schemmer & Associates
Brady Watson, PLS
10820 E 45th St — Suite 307
Tulsa, OK 74146
P:(918)394 -1500
E: bwatson @shemmer.com
TABLE OF CONTENTS
Development Concept 2
Statistical Summary 2
Development Areas 3
Development Standards 4
US -169 District
9
Landscaping
9
Property Owner's Association
9
Signage
10
Unit Transfer
11
Platting Requirements
11
Appendix Maps
❖
Existing Conditions Plan
13
❖
Old PUD Map
14
❖
PUD Abandoning Map
15
❖
Hydrology Analysis Plan
16
•:•
Soil Analysis
17
❖
Current Zoning Map
18
❖
Proposed Zoning Map
19
•:•
Proposed Zoning Legal Descriptions
20
❖
Conceptual Site Layout
23
•:
Conceptual Landscape Plan
24
❖
Survey
25
RED BUD VILLAGE — Planned Unit Development Page I 1
Owasso, Oklahoma
DEVELOPMENT CONCEPT
Redbud Village is a proposed Planned Unit Development (PUD) consisting of 51.43 acres in
northeastern Owasso, Oklahoma. The property is located '' /< mile south of intersection of N. 140th
E. Ave. and E. 116th St. N. just east of Highway 169. The site is generally characterized by relatively
flat terrain with a ridge running through the middle property. There is currently no floodplain
located onsite according to the FEMA Floodplain Maps. The site will be control with localized
drainage /detention structure to control the storm water onsite in the post developed conditions.
Soil types found on -site are typical for the area and create no unusual development problems
that are not commonly encountered in most other area developments. Overall, this site has
excellent development possibilities due to its high visibility and gentle terrain.
Redbud Village is a Mixed -Use Development that will feature three different land uses:
Commercial Shopping (CS) with Multi - Family Residential (RM). With Highway 169 forming the
site's west boundary, the project is ideally located for corridor type, higher intensity land uses.
With excellent vehicular access, Redbud Village proposes to have 27.47 acres of prime
commercial development that shall be situated in the western half of the development fronting
Highway 169. Land uses for each zoning area are describe in the narrative below.
A development of this caliber and size, flexibility of design and densities is of the utmost
importance. In the next five to ten years, as this project develops, market and development
trends will may change in one form or another. It is felt that utilizing a PUD will allow the
adaptability that is needed to change with the times. What is popular and viable in today's
market may not befeasible in the marketfive (5) years from now. The PUD will help guard against
market inconsistencies by allowing for the transfer of densities and flexibility with the project for
all the land uses.
STATISICAL SUMMARY
Total Planned Unit Development Area:
RED BUD VILLAGE — Planned Unit Development
Owasso, Oklahoma
± 51.43 gross acres
Page 1 2
DEVELOPMENT AREAS
Residential Multi - Family (RM)
The RM (Residential Multi - Family) district is designed to permit the development and
preservation of multi - family dwelling types, such as apartments, garden apartments, and
townhouses, in suitable environments in a variety of densities to offer alternative housing
types for individuals and families.
Total Area:
Maximum Number of Units:
Commercial Shopping (CS)
± 23.96 gross acres
600 Units
The CS (Commercial Shopping) district is designed to accommodate convenient
neighborhood, community, and regional shopping centers that provide a wide range of retail
and personal service uses:
Total Area:
Underlying Zoning ± 27.47 gross acres
❖ Outline Development Plan ± 23 net acres
Maximum Floor Area: 1,300,000 sq.ft.
Total Development
Total Area: ± 51.43 gross acres
Maximum Number of Residential Units: 792 Units
RED BUD VILLAGE — Planned Unit Development Page 13
Owasso, Oklahoma
DEVELOPMENT STANDARDS
Residential Multi - Family (RM):
B• Permitted Uses:
o All uses allowed by right in the RM Zoning District
4• Minimum Internal Landscape Open Space
❖ Minimum Building Setbacks as per City of Owasso's Zoning Code
❖ Minimum Parking Ratio
❖ Building Height
•:• Screening and Buffering
15% of net area
1.7 Spaces per Unit
(Req. — 2 spaces /unit)
<60 -ft
o Areas abutting developments outside of this PUD that are zoned Residential or
Agricultural Zoning must require some type of screening barrier between the
properties. Berms in combination with vegetation are encouraged, but fencing is
allowed to achieve the desired result. Fences shall consist of a wood, concrete,
decorate metal, and /or masonry materials to match the building's architectural look.
Chain link fencing of any kind is not allowed.
o In addition to landscape screening around apartment buildings. A minimum of a 4 -ft
decorative barrier fence should be used to eliminate outside pedestrians from entering
the complex.
o Dumpster Areas and Building Systems Areas
• Must match Building Materials.
o Fence screening is not required or recommended with in the inner boundaries of this
PUD area.
Architectural:
• Design shall evoke a modern architectural and landscape expression while providing users
with a variety of activities and opportunities. The architectural imagery and textures to be
used will convey a natural earth connection with a heavy focus on organic material, such as
RED BUD VILLAGE — Planned Unit Development Page 14
Owasso, Oklahoma
wood, along with traditional stone wainscot, piers and columns as a solid base that conveys
longevity and stability. The geometry, composition, and final articulation is to be based on
a simple elegance of architectural details and style, but with the utilization of a limited
number of textures and material palettes in order to bring continuity throughout Red Bud
Village. Slight variations are to be used for the unique expression of uses without
compromising the overall architectural vision. The overall goal is to balance the use of
buildings, paths, and parking areas with natural landscaping and water features in an
ecological and natural systems sensitivity while providing users with an environment that
provides the best design principles of simplicity, balance, unity, scale, variety, and
convenience.
RED BUD VILLAGE — Planned Unit Development Page 15
Owasso, Oklahoma
Commercial Districts — CS Districts
Permitted Uses — CS Zoning
o Uses described in the City's current Zoning Code
o Mix -use Developments (Retail, Residential, Office)
o Senior Living Facility
o Apartments
o Mix -use Developments (Retail, Residential, Office)
❖ Bulk and Area Requirements for CS Districts
PUD Acceptance City Requirements
o Frontage
• Arterial and Freeway Service Road 100 -ft CS 125 ft,
• Non- Arterial 50 -ft 50 ft
• Front Setback (Minimum) 10 -ft 10 ft
• Rear Setback (Minimum) 20 -ft N/A
• Setback from Abutting AG or R District
Boundaries (Minimum) 20 -ft 20 ft
• Building Height < 75 -ft N/A
❖ Screening and Buffering for CS Districts
o Areas abutting developments outside of this PUD that are zoned Residential or
Agricultural Zoning shall provide some type of screening barrier between the
properties. Berms in combination with vegetation are encouraged, but fencing is
allowed to achieve the desired result. Fences shall consist of a wood, concrete, and
masonry materials to match the building's architectural look.
o Fences are not required or recommended within the inner boundaries of this PUD area.
o Dumpster Areas and Building Systems Areas
RED BUD VILLAGE — Planned Unit Development Page 1 6
Owasso, Oldahoma
• Trash Dumpster shall Match Building Materials.
Sign Standards
All signs will conform to the current sign ordinance for the City of Owasso, Oklahoma. Refer
to Chapter 18.
Lighting
Flood Lighting will be used from decorative standard in parking areas. Up lighting will be
used on buildings signs and various landscape elements. Low lighting will be used in some
landscape areas, court yard plazas, steps, ad walkways. All lighting must comply with the
Owasso Zoning Code (Chapter 20).
Other Requirements
It is intended that detailed site plans will be submitted for each development area
consistent with the concepts and development standards set forth above. Additional
requirements or modifications may be established by the City of Owasso Planning
Commission and the City Council pursuant to its review of the detailed site plan of each
development area.
o The development shall allow for access to the north property. This will allow for
development traffic to stay within the developments.
RED BUD VILLAGE — Planned Unit Development Page 17
Owasso, Oklahoma
Architectural:
• Design shall evoke a modern architectural and landscape expression while providing users
with a variety of activities and opportunities. The architectural imagery and textures to be
used will convey a natural earth connection with a heavy focus on organic material, such as
wood, along with traditional stone wainscot, piers and columns as a solid base that conveys
longevity and stability. The geometry, composition, and final articulation is to be based on
a simple elegance of architectural details and style, but with the utilization of a limited
number of textures and material palettes in order to bring continuity throughout Red Bud
Village. Slight variations are to be used for the unique expression of uses without
compromising the overall architectural vision. The overall goal is to balance the use of
buildings, paths, and parking areas with natural landscaping and water features in an
ecological and natural systems sensitivity while providing users with an environment that
provides the best design principles of simplicity, balance, unity, scale, variety, and
convenience. All Architectural details must comply with the Owasso Zoning Code Overlay District.
RED BUD VILLAGE — Planned Unit Development Page 18
Owasso, Oklahoma
US 169 OVERLAY DISTRICT
The Red Bud Village is intended to achieve unity throughout the PUD as well as provide an
attractive view of the project from surrounding streets and neighborhoods. This
developmental area falls inside the City of Owasso's US -169 Overlay District. These
Requirements must be followed and adhered to. All Requirements of the US -169 overlay shall
apply. Refer to Chapter 10 of the Owasso Zoning Code.
Prior to the issuance of a building permit for a development area ad eta i led site plan along with
Architectural details and /or drawings must be submitted to and approved by the City of Owasso
Community Development Department.
LANDSCAPE REQUIREMENTS
The Landscaping concept is intended to achieve unity throughout the PUD as well as provide
an attractive view of the project from surrounding streets and neighborhoods. To achieve
continuity throughout the PUD, reference Chapter 19 of the City of Owasso Zoning Code.
Prior to the issuance of an occupancy permit for a development area, plant materials and any
required screening fences shall be installed in conformity with a detailed landscape plan which
will have been submitted to and approved by the City of Owasso.
PROPERTY OWNERS' ASSOCIATION
The Property Owners' Association (POA) to be established at Red Bud Village will have as its
main objectives, the maintenance of landscaped entrances, and all other landscaped buffers
and islands. The Redbud Village Owners' Association shall consist of all Owners located within
this Redbud Village's PUD. These are to be attractively landscaped with berms and assorted
plant materials by the developer and turned over to the Redbud Village Owners' Association
for maintenance. In the event the Association fails to maintain these areas and bill each
member not occur, the Cityof Owasso and /orthe Red Bud Village Property Owners' Association
may place a lien on the delinquent member's real property within this platted area.
Final documents on the Property Owners' Association of Redbud Village will be filed with the
final plat and will include the maintenance agreement and other specific rights and
requirements for association members.
RED BUD VILLAGE— Planned Unit Development Page 19
Owasso, Oklahoma
SIGNAGE
The Development proposes two 30 -ft pylon signs at each entrance shall be installed for
business inside the Redbud Development for highway visibility. In addition to the pylon signs,
6 -ft monument signs will be allocated throughout the development for the businesses to use
at their discretion. To help with traffic flow, directional signs may be used to help the public
navigate through the development. Except as noted herein, all signs shall corm to the current
Owasso Sign Ordinance of the Owasso Zoning Code (Chapter 18).
RED BUD VILLAGE — Planned Unit Development
Owasso, Oklahoma
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Page 110
UNIT TRANSFER
If, upon the approval of the site plan of any development tract, the allocated density has not
been reached, the remaining dwelling units and /or square footage may be transferred to
another development area within the Planned Unit Development, but not to exceed the total
project density that has established by the master plan.
This degree of flexibility will not only allow the developer the opportunity to determine the
land value, but will also provide the community with the necessary density information needed
to plan for tax projections and needed community facilities such as school, hospital, police and
fire protection, etc.
PLATTING REQUIREMENTS
No Building permit shall be issued unit the property has been included within a subdivision plat
submitted to and approved by the Owasso Planning Commission and the Owasso City Council
and duty filed of record, provided, however, that development areas may be platted
separately. Restrictive covenants shall be established implementing of record the
Development Concept and Development Standards, and the City of Owasso shall be made a
beneficiary thereof.
RED BUD VILLAGE — Planned Unit Development Page 1 11
Owasso, Oklahoma
APPENDIX INDEX:
APPENDIX
EXISING CONDITIONS
APPENDIX B
EXISTING PUD 01 -04 MAP
APPENDIX C
PUD ABANDONING MAP
APPENDIX D
HYDROLOGY ANALYSIS
APPENDIX E
SOIL ANALYSIS (PROVIDED BY USGS SOIL SURVEY)
APPENDIX F
CURRENT ZONING MAP
APPENDIX G
PROPOSED ZONING MAP
APPENDIX H
PROPOSED ZONING LEGAL DESCRIPTIONS
APPENDIX I
CONCEPTUAL SITE LAYOUT
APPENDIX J
CONCEPTUAL LANDSCAPE PLAN
APPENDIX K
SURVEY
RED BUD VILLAGE — Planned Unit Development Page 1 12
Owasso, Oldahoma
APPENDIX A - EXISTING CONDITIONS
RED BUD VILLAGE — Planned Unit Development Page 1 13
Owasso, Oklahoma
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RED BUD VILLAGE — Planned Unit Development Page 1 14
Owasso, Oklahoma
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Interchange
TOTAL PROJECT AREA i 89.3 Gross Acres wim rut ,
COMMERCIALAREA
Property
U. IndL
• Moathum, Allowable Mai Area (CG) M700,qA.
OFFICEAREA •7.4041 v .
- Meudmum AJbWable Floor Area (OM) 177.209wa
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TOTAL PROJECT AREA i 89.3 Gross Acres wim rut ,
COMMERCIALAREA
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• Ma)dmum Allowable Floor Area (CS) zoz.0o0 K .
• Moathum, Allowable Mai Area (CG) M700,qA.
OFFICEAREA •7.4041 v .
- Meudmum AJbWable Floor Area (OM) 177.209wa
LIGHTINOUSTRIALIRESEARCH w2o"nr.s
• MmIrAura Allowable Floor Area QL) 767,942"A
MULTI-FAMILY(AM-2)
• Maxlmum Number of DU3 243W,
APPENDIX C - PUD ABANDONING MAP
RED BUD VILLAGE — Planned Unit Development Page 1 15
Owasso, Oklahoma
PUD ABANDONING MAP
APPENDIX D - HYDROLOGY ANALYSIS
RED BUD VILLAGE — Planned Unit Development Page ( 16
Owasso, Oklahoma
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RED BUD VILLAGE — Planned Unit Development Page 1 17
Owasso, Oklahoma
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APPENDIX F -CURRENT ZONING MAP
RED BUD VILLAGE — Planned Unit Development Page 1 18
Owasso, Oklahoma
APPENDIX G - PROPOSED ZONING MAP
RED BUD VILLAGE — Planned Unit Development Page 1 19
Owasso, Oklahoma
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RED BUD VILLAGE — Planned Unit Development Page 120
Owasso, Oklahoma
CS ZONING AREA - LEGAL DESCRIPTION
Property Description As Measured per Survey Dated (6/26/21)
A tract of land being a part of the South Half of the Northeast Quarter (S /2 NE /4) of Section Nine
(9), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Vase and Meridian,
Tulsa County, State of Oklahoma, according to the U.S. Government Survey Thereof: More
Particularly Described as follows, To -Wit:
Commencing at the Southeast Corner of S/2 NE /4.
Thence S 880 44'34" W for a distance of 1782.92 feet to the Point of Beginning.
Thence North 1 °15'26" West, 110.09 feet to a point;
Thence North 65 °30'44" East, 81.14 feet to a point;
Thence along a tangent curve to the left with a radius of 214.00 feet and Arc Length of 244.93
feet for a chord of N 32 °43'26" E 231.78 feet to a point of tangency;
Thence leaving the curve North 0 °03'52" West, 240.94 feet to a point of a curve concave to the
left, said curve has a radius of 214.00 feet and Arc Length of 122.01 feet for a Chord of
N16 °23'51 "W 120.36 feet to a point;
Thence North 57 °20'58" East, 140.82 feet to a point;
Thence North 0 °01'24" East, 554.85 feet to a point on the North line of said S/2 NE /4;
Thence South 88 044'55" West, 979.32 feet to a point;
Thence South 3 °36'07" West, 213.25 feet to a point;
Thence South 1 017'40" East, 1,107.04 feet to a point;
Thence North 88 °44'34" East, 686.38 feet to a Point of Beginning.
Containing 1,196,704.04 square feet or 27.47 acres, more or less.
RED BUD VILLAGE — Planned Unit Development Page 121
Owasso, Oklahoma
RM ZONING AREA - LEGAL DESCRIPTION
Property Description As Measured per Survey Dated (6/26/21)
A tract of land being a part of the South Half of the Northeast Quarter (S /2 NE /4) of Section Nine
(9), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Vase and Meridian,
Tulsa County, State of Oklahoma, according to the U.S. Government Survey Thereof: More
Particularly Described as follows, To -Wit:
Commencing at the Southeast Corner of S/2 NE /4.
Thence S 88 °44'34" W along the south line of said NE /4 a distance of 615.14 feet to the Point of
Beginning.
Thence N 14 °29'47" W, 1,355.39 feet to a point on the North line of said S/2 NE /4;
Thence S 88 °44'55" W, 547.09 feet to a point;
Thence S 0 °01'24" W, 554.85 feet to a point;
Thence S 57 °20'58" W, 140.82 feet to the beginning of a non - tangent curve concave to the
right, said curve has a radius of 214.00 feet and Arc Length of 122.01 feet for a Chord of S
16 °23'51" E, 120.36 feet to a point;
Thence leaving the curve S 0 °03'52" E, 240.94 feet to the beginning of a curve concave to the
right with a radius of 214.00 feet and Arc Length of 244.93 feet for a chord of S 32 °43'26" W,
231.78 feet to a point;
Thence S 65 °30'44" W, 81.14 feet to a point;
Thence S 1 °15'26" E, 110.09 feet to a point on the south line NE /4;
Thence N 88 °44'34" E, along said south line distance of 1,167.78 feet to a Point of Beginning
Containing 1,043,602.51 square feet, more or less of 23.96 acres.
RED BUD VILLAGE — Planned Unit Development Page 122
Owasso, Oklahoma
APPENDIX 1- CONCEPTUAL SITE LAYOUT
RED BUD VILLAGE — Planned Unit Development Page 123
Owasso, Oklahoma
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RED BUD VILLAGE — Planned Unit Development Page 124
Owasso, Oklahoma
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APPENDIX K - SURVEY
RED BUD VILLAGE — Planned Unit Development Page 125
Owasso, Oklahoma
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TO: The Honorable Mayor and City Council
FROM: Alexa Beemer
City Planner
SUBJECT: Specific Use Permit (SUP 21 -03) — Bible Church of Owasso
DATE: July 9, 2021
BACKGROUND:
The Community Development Department received an application for review and approval of
a Specific Use Permit for the Bible Church of Owasso, a proposed place of worship. The property
is located at 1 1 121 North 129th East Avenue. The property is approximately 9.95 acres in size and
is zoned Residential Single - Family High Density (RS -3). A Specific Use Permit (SUP) is required for a
place of worship to locate in an RS -3 district.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Master Plan
Jurisdiction
North
Residential Single - Family
Residential
Residential
City of Owasso
Within Overlay District?
High Density (RS -3)
Water Provider
Washin ton County Rural Water District #3
Applicable Paybacks
(assessed at Platting)
South
Agriculture (AG)
Agriculture
Transitional
Tulsa County
East
Residential Single - Family
Residential
Residential
City of Owasso
Hi h Densit RS -3
West
Agriculture (AG)
Rural
Residential
Tulsa County
Residential
SUBJECT PROPERTY /PROJECT DATA:
Property Size
2.42 acres +/-
Current Zoning
Residential Single-Family High Density RS -3
Proposed Use
Place of Worship
Land Use Master Plan
Residential
Within PUD?
No
Within Overlay District?
Yes; US -169 Overlay District
Water Provider
Washin ton County Rural Water District #3
Applicable Paybacks
(assessed at Platting)
Storm Siren Fee ($50.00 per acre)
Ranch Creek Interceptor Payback ($610.33 per acre)
Garrett - Morrow Sanitary Assessment 3,146 per acre
ANALYSIS:
A SUP is required in certain zoning districts for uses or structures that may be considered more
intense than what is allowed by right, through the City of Owasso's Zoning Code. The subject
property was zoned RS -3 when it was annexed into the City limits in June of 2021, under
Ordinance 1179.
Page 2
SUP 21 -03
The subject property is identified for future residential land uses on the GrOwasso 2030 Land Use
Master Plan. The subject property is bordered by an existing single - family residential
neighborhood to the north and the east and these areas are also identified for future residential
development on the GrOwasso 2030 Land Use Master Plan, as are the parcels to the west of the
subject property. The parcels to the south of subject property are called out for future transitional
uses on the GrOwasso 2030 Land Use Master Plan.
The applicant has worked with staff to design the site in an appropriate manner that conforms to
the design requirements of the Zoning Code and minimizes the impacts to the neighborhood to
the north and east. According to the conceptual site plan submitted by the applicant, the
proposed structure will be located towards the southern property boundary, away from the
neighborhood to the north. Similarly, the trash enclosure will also be located along the southern
property line, so as to keep the noise associated with trash pick -up further away from the
neighboring homes to the north. Additionally, the applicant has indicated they intend to install a
twenty -five (25) foot wide landscape yard, planted with evergreen trees, along the northern
property line. This design feature will help ensure there is adequate buffer between the
proposed place of worship and the neighborhood to the north.
Further, the proposed structure is shown to be located on the western half of the subject
property, away from the neighboring single - family homes to the east. Finally, the applicant
intends to preserve many of the existing trees growing in the wooded area on the east side of
the subject property. These trees will further help buffer the neighborhood located to the east of
the subject property.
The main purpose of the SUP requirement is to ensure the development does not impose any
negative direct impacts to adjoining residential areas and work in harmony within the context of
the area. In this case, the applicant has indicated via their conceptual site plan that they
intend to install adequate buffering between their site and the neighboring single - family homes.
Any future development that occurs on the subject property must adhere to all Owasso
subdivision, zoning, and engineering requirements.
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on July 12, 2021.
ATTACHMENTS:
Zoning Map
Land Use Master Plan Map
SUP Site Plan Package
Surrounding Zoning
SUP 21 -03
CS
PUD 0202
PUD 02 -02PUD 02 -02
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North Elevation
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4
TO:
The Honorable Mayor and City Council
FROM:
Alexa Beemer
Jurisdiction
City Planner
SUBJECT:
Specific Use Permit (SUP 21 -04) — Criterion
DATE:
July 9, 2021
BACKGROUND:
The Community Development Department received an application for review and approval of a
Specific Use Permit for Criterion, a proposed three -story, multi -use commercial /office building. The
property is located south of 11422 North 134th East Avenue. The property is approximately 2.42 acres in
size and is currently zoned Commercial Shopping (CS) under Owasso Planned Unit Development
(OPUD) 02 -02. The proposed building is to be just under forty -five (45) feet in height. For structures in a
CS -zoned district, the Owasso Zoning Code requires a Specific Use Permit for any building with a
proposed height over thirty -six (36) feet.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Master Plan
Jurisdiction
North
Commercial Shopping
Commercial
Commercial
City of Owasso
South
Commercial Shopping
(CS)
Vacant
Commercial
City of Owasso
East
Commercial Shopping
(CS)
Vacant
Commercial
City of Owasso
West
Residential Single - Family
Residential
Residential
City of Owasso
High Density (RS -3)
SUBJECT PROPERTY /PROJECT DATA:
Property Size
2.42 acres +/-
Current Zoning
Commercial Shopping CS
Proposed Use
Multi -use Commercial /Office
Land Use Master Plan
Commercial
Within PUD?
Yes; OPUD 02 -02
Within Overlay District?
Yes; US -169 Overlay District
Water Provider
Washington County Rural Water District #3
Applicable Paybacks
N/A
ANALYSIS:
A Specific Use Permit (SUP) is required in certain zoning districts for uses or structures that may be
considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The
subject property is a part of OPUD 02 -02 and was zoned CS in 2002 under Ordinance 708. The applicant
is proposing the construction of a building that will be three stories, or just under forty -five (45) feet tall.
SUP 21 -04
Page 2
An SUP request located on the subject property was previously heard by Planning Commission and City
Council earlier this year (SUP 20 -04). This SUP request was subsequently approved by City Council in
February of 2021. Since that time, the applicant has changed the configuration of the proposed lot that
the development will be located on; the subject property will now be comprised of 2.42 acres, rather
than the original 1.54 acres. Because of this, the applicant must seek a new SUP (21 -04), in order to
cover the new lot area. Should this new SUP request be approved by City Council, it will replace the SUP
that was previously approved on this subject property (SUP 20 -04).
The subject property is identified for future commercial land uses on the GrOwasso 2030 Land Use
Master Plan and is surrounded by vacant commercially -zoned land to the north, south, and west. These
areas are also called out for future commercial development on the GrOwasso 2030 Land Use Master
Plan. The parcels to the west of the subject property are developed as single - family homes.
The applicant has worked with staff to design the site and structure in an appropriate manner that
conforms to the design requirements of the Zoning Code and minimize the impacts to the
neighborhood to the west. The main structure on the subject property is set back a distance of
approximately eighty (80) feet from the western property line, where the property abuts the single- family
neighborhood. Staff encouraged this larger setback to mitigate the impacts of the three -story height of
the proposed mixed -use building in relation to the neighborhood. This large setback distance also
ensures the neighboring single - family homes will not have their backyard views entirely obstructed by
the proposed multi -story building. Further, the conceptual Site Plan for the subject property shows a ten
(10) foot tall fence along the western property line, as well as a ten (10) foot wide buffer yard planted
with evergreen trees; both of these design features will further shield and buffer the neighboring homes
from the mixed -use building.
The conceptual site plan also shows the trash enclosure location on the opposite side of the property,
away from the homes to the west. This location will keep the noise associated with trash pick -up further
away from the neighboring homes. Additionally, the applicant has indicated that they intend to orient
the rooftop patio feature of their building to the east, away from the neighboring homes to the west.
These design details should help reduce the amount of ambient noise that will travel from the subject
property to the abutting neighborhood.
In summary, the proposed use is in alignment with the development patterns emerging in this corridor as
well as the uses prescribed in the GrOwasso Land Use Master Plan. The main purpose of the SUP
requirement for height related structures is to ensure the development does not impose any negative
direct impacts to adjoining residential areas. In this case, the structure has been situated a significant
distance from the back - property lines of the adjoining neighborhood to minimize negative impacts. Any
future development that occurs on the subject property must adhere to all Owasso subdivision, zoning,
and engineering requirements.
PLANNING COMMISSION
The Owasso Planning Commission will consider this item at their regular meeting on July 12, 2021.
ATTACHMENTS:
Zoning Map
Land Use Master Plan Map
SUP Site Plan Package
Surrounding Zoning
SUP 20 -04- Criterion
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TO:
The Honorable Mayor and City Council
FROM:
Alexa Beemer
Jurisdiction
City Planner
SUBJECT:
Rezoning OZ 21 -03, 10602 North 97th East Avenue
DATE:
July 9, 2021
BACKGROUND:
The Community Development Department received a rezoning request for property located at
10602 North 97th East Avenue (North Mingo Road). The subject property involves the eastern 1.19
acres of the larger 4.63 acre lot located at the aforementioned address. The subject property is
currently zoned Agriculture (AG) and was annexed into the City Limits in 2008, under Ordinance
915.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Agriculture (AG)
Residential
Commercial
Tulsa County
South
Agriculture (AG)
Residential
Commercial
Tulsa County
East
Agriculture (AG)
Vacant
Commercial
City of Owasso
West
Agriculture (AG)
Residential
Commercial
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
1.19 acres +/-
Current Zoning
Agriculture (AG)
Proposed Zoning
Commercial Shopping (CS)
Present Use
Vacant /Residential
Land Use Master Plan
Commercial
Within PUD?
No
Within Overlay District?
No
Water Provider
Washington County Rural Water District #3
ANALYSIS:
The applicant is requesting a rezoning from the AG district designation to the CS district
designation for the eastern 1.19 acres of the lot. The subject property is currently unplatted. The
applicant desires to rezone the 1.19 acre subject property for future commercial business uses.
The subject property is identified for future Commercial uses in the GrOwasso 2030 Land Use
Master Plan document. As such, assigning the subject property a zoning designation of CS
OZ 21 -03
Page 2
would be in accordance with Land Use Master Plan, and thus in accordance with the long -
range vision for the subject property.
The City of Owasso will provide police, fire, ambulance, and sanitary sewer services. Washington
County Rural Water District #3 will provide water services. Any development that occurs on the
subject property must adhere to all subdivision, zoning, and engineering requirements of the City
of Owasso.
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on July 12, 2021.
ATTACHMENTS:
Zoning Map
GrOwasso 2030 Land Use Master Plan Map
Rezoning Exhibit
Surrounding Zoning
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16.5' STATUTORY RIGHT -OF -WAY
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Location Map
SCALE: 1"-4000'
ILE NO. 12096.10
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SHEET 1 OF 7
JIC 1 1l
LEGAL El' 1 mo rw
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
QUARTER (S /2 SE/4 SE/4 SE14) OF SECTION TWELVE (12), TOWNSHIP TWENTY -ONE (21)
GE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF.
AS FO LLOWS: 6.25 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
SOUTHEAST QUARTER (8/2 SE14 SE14 SE14) OF SECTION TWELVE (12), TOWNSHIP TWENTY -ONE (21)
NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWELVE (12),
TOWNSHIP TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF;
THENCE S 88° 34'57" W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER (SE/4), A DISTANCE OF
156.25 FEET; THENCE N 01° 36 14" W, PARALLEL WITH AND 156.25 FEET WEST OF THE EAST LINE OF SAID
SOUTHEAST QUARTER (SE14), A DISTANCE OF 331.78 FEET, TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST
QUARTER (8/2 SE14 SE14 SE14); THENCE N 889 34'16" E, ALONG THE NORTH LINE OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER (S12 SE14 SE14
SE /4), A DISTANCE OF 156.25 FEET, TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER (S /2 SE14 SE/4 SE/4);
THENCE S 01° 36' 14" E, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (SE/4), A DISTANCE OF
331.81 FEET, TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINING 1.19 ACRES / 51,843.17 SQUARE FEET.
THIS LEGAL DESCRIPTION WAS CREATED ON MAY 18, 2021 BY ALBERT R. JONES, III, OK PLS #1580, WITH
THE BASIS OF BEARING BEING S 010 36'14' E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE/4)
OF SECTION TWELVE (12), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE
INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF.
Surveyor's Statement
I, ALBERT JONES III, CERTIFY THE ATTACHED LEGAL DESCRIPTION CLOSES IN ACCORD WITH EXISTING
RECORDS, IS A TRUE REPRESENTATION OF THE LEGAL DESCRIPTION AS DESCRIBED, AND MEETS THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING OF THE STATE OF OKLAHOMA.
ALBER
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AL13ERTJONESIII O JONES _ P7
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UN ED MWOR PROFESSIONAL LAND SURVEYOR
° 2�SOUTH MAIN- WAGONER OK T408) OKLAHOMA N0. 1580
9987 CA.68060 EXP 6-30.2021 QKLAIiIF
FILE NO. 12096.10 SHEET 2 OF 2