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HomeMy WebLinkAbout2022.11.08_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 OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, November 8, 2022 - 6:00 PM AGENDA 1. Call to Order Mayor /Chair Kelly Lewis 2. Discussion relating to Community Development Items Brian Dempster /Alexa Beemer A. Request to lease an area of excess right -of -way containing approximately 5,179 square feet, located to the east of 507 East 19th Street North B. Request for a partial plat vacation - Bailey Creek, approximately 0.054 acres located at the northeastern corner of the intersection of East 96th Street North and North 97th East Avenue C. Request for a final plat - Lot 1, Block 1 Morrow Commercial, approximately 1.008 acres located north of the East 1 16th Street North and North 129th East Avenue intersection 3. Discussion relating to a proposed ordinance allowing the Owasso Police Department to respond to motor vehicle accidents occurring on private property under certain circumstances Dan Yancey 4. Discussion relating to annexations and the impact on City operations for right -of -way and roadway maintenance Roger Stevens 5. Discussion relating to City /Authority Manager items Warren Lehr A. Monthly sales tax report and revenue outlook B. City Manager report 6. City Councilor /Trustee comments and inquiries 7. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, November 3, 2022. nn M. Stevens, The City of Owasso encourages citizen participation. To reque an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cifvofawasso. cam TO: The Honorable Mayor and City Council FROM: Brian Dempster Director of Community Development SUBJECT: Real Property Lease- Garnett Right -of -Way DATE: November 3, 2022 Over the lost few months, City Staff has been working with Mr. Michael Brown concerning his request to lease excess right -of -way (ROW) located immediately to the east of 507 East 19th Street North. The subject property would be paved and used for additional parking for the commercial development located adjacent to the subject property. ANALYSIS: • Mr. Brown is seeking to lease an area approximately 5,719 square feet in size, to accommodate an expansion of the parking lot located at 507 East 19th Street North. • The City is currently leasing another excess ROW parcel, to the south of the subject property and adjacent to the commercial development located of 9100 North Garnett Road. • Further, the City also leases land adjacent to the water tower located at 9540 North 121st East Avenue. o Both of these existing leases were executed to accommodate additional parking for the adjacent commercial /office developments. • The Draft Lease Agreement outlines a fifty (50) year term, with four (4) different options to renew for ten (10) year periods. The Agreement also states that there will be required payments equating to $860.00 per year. o The monthly payments were calculated using a formula that estimated the total price of the subject property, if one was to purchase it outright as an easement. That total amount was then divided by fifty to reach the yearly payment amount. FUTURE ACTION: Staff anticipates bringing a Lease Agreement to City Council for consideration at their regular meeting on November 15, 2022. ATTACHMENTS: Aerial Map Lease Legal Description Draft Lease Document Aerial Map Garnett ROW Lease LEASE AGREEMENT STATE OF OKLAHOMA ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TULSA ) THIS LEASE AGREEMENT (the "Lease ") is made and entered into by and between CITY OF OWASSO, an Oklahoma municipal corporation (the "Lessor "), and MICHAEL BROWN, an individual (the "Lessee "). WITNESSETH: WHEREAS, Lessor is the owner of a parcel of land located in the City of Owasso, County of Tulsa, State of Oklahoma being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Lessor's Property "); and WHEREAS, Lessee is desirous of leasing the Lessor's Property from Lessor, and Lessor is agreeable to same, subject to the terms and conditions herein. NOW, THEREFORE, for and in consideration of the foregoing Lessor's Property and the mutual and respective covenants and undertakings of Lessor and Lessee hereunder, such parties hereby agree as follows: ARTICLE I DEMISE AND DESCRIPTION OF LESSOR'S PROPERTY 1.01. In consideration of the mutual promises herein made, and subject to all of the terms and conditions hereof, Lessor leases to Lessee, and Lessee accepts from Lessor, the Lessor's Property free and clear of all liens, restrictions and other encumbrances other than those matters of public record (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, Lessor and Lessee acknowledge and agree that the Lessor's Property may be improved, in Lessee's sole discretion, with signage, landscaping and related improvements (the "Improvements "). Improvements shall be at Lessee's sole expense, and Lessee shall be responsible for construction and maintenance of Improvements. ARTICLE II TERM AND RENEWAL OPTION 2.01. The stated term of this Lease shall be for a period of Fifty (50) years, commencing on December 1, 2022, (the "Commencement Date ") and, unless sooner terminated, ending on November 30, 2072. The stated term of this Lease, as same may be and is properly renewed and extended in accordance with Section 2.02 below or any amendments properly entered into by and between Lessor and Lessee, shall be referred to as the "Term" of the Lease. 2.02. Provided that Lessee shall not then be in default, then Lessee shall have and is 1 hereby granted four (4) separate and distinct options to renew and extend the Term of this Lease, each for an additional ten (10) years upon the same terms and conditions as herein provided. Lessee shall exercise such renewal and extension option by giving Lessor written notice of an intent to renew not less than thirty (30) days prior to the originally scheduled expiration of the Term of the Lease. Failure by the Lessee to timely and properly exercise the renewal and extension option shall constitute a waiver of the option to extend the Term of this Lease. 2.03. During the Term of this Lease, and any extensions, the Improvements shall be owned by Lessee. ARTICLE III RENT 3.01. As base rental (the "Base Rent ") for the Term of this Lease, Lessee agrees to pay Lessor Eight Hundred Sixty Dollars ($860.00) upon execution of this Lease and Eight Hundred Sixty Dollars ($860.00) per year thereafter on the 15th day of each December, commencing December 15, 2023. ARTICLE IV TAXES 4.01. Lessor represents and warrants that the Lessor's property is exempt from ad valorem taxes and, therefore, Lessee shall not be obligated to pay any property taxes. ARTICLE V USE OF LESSOR'S PROPERTY AND COMPLIANCE WITH LAWS 5.01. The Lessor's Property shall be used by Lessee for signage, landscaping, and ancillary purposes to the commercial business purposes. 5.02. Lessee, at its sole cost and expense, shall promptly execute and fulfill any and all applicable orders, directives and requirements and otherwise comply with any and all applicable codes, rules, regulations, ordinances, statutes and laws, (collectively, the "Applicable Laws ") of the municipal, county, state and federal governments, and all agencies, commissions, boards or departments thereof and all other official, public, governmental or quasi - governmental institutions, authorities, subdivisions or instrumentalities having jurisdiction over the Lessor's Property. ARTICLE VI MAINTENANCE, REPAIRS AND PAVED AND LANDSCAPED AREAS 6.01. Lessee, at its sole cost and expense, shall maintain, repair, and replace all portions of the Improvements on the Lessor's Property. Lessee, at its sole cost and expense shall at all times keep all portions of the Lessor's Property in good order, condition, and repair and in a clean, sanitary, and safe condition and in accordance with any and all Applicable Laws. Lessee shall not cause waste, damage, or not cause injury to the Lessor's Property. Lessee will surrender and deliver up the Lessor's Property upon the expiration of the Term of this Lease, or its earlier termination, in the same condition which existed after the completion of the Improvements. In the event the Lessor needs to terminate this Lease as to all or a portion of the Lessor's Property during the Term of this Lease for purposes of widening the existing right -of- way or utility relocation on the Lessor's Property, Lessor may do so upon sixty (60) days prior written notice and without penalty or cost except for reimbursement to the Lessee by Lessor for improvements made to the property by Lessee. This amount of reimbursement shall decrease annually as follows: The Lessor shall reimburse the Lessee for the cost of the Improvements (a) 100 % in Year 1; (b) 80% in Year 2; (c) 60% in Year 3; (d) 40% in Year 4; and 20% in Year 5. Notwithstanding anything herein to the contrary, except as provided above, the Lessor shall not be responsible for making any repairs to the property in the event utility construction, maintenance or relocation is required on the Lessor's Property. ARTICLE VII SIGNS 7.01. Lessee, at its sole cost and expense, shall have the exclusive right to erect or attach to the Lessor's Property such signs as it may deem proper and necessary, provided that each such sign complies with all applicable laws. ARTICLE VIII CASUALTY 8.01. In the event the Lessor's Property, or any part thereof excluding Improvements, shall sustain damage for which insurance proceeds are recovered, Lessee shall give prompt written notice thereof to Lessor, and Lessee shall receive all proceeds from any Casualty Insurance to which it may be entitled. ARTICLE IX LESSOR'S LIABILITY 9.01 Except in the event of a wrongful eviction of Lessee by Lessor, Lessor's liability for breach of any covenant hereof shall be expressly limited to the recovery against the Lessor's interest in the Property. If Lessor sells or transfers all or part of the Property, such transfer shall be subject to all the terms and conditions of this Lease including (without limitation) Lessee's Right of First Refusal. Lessor shall not be liable for any injuries or damages occurring on the Property during the term of this lease, and Lessee hereby agrees to indemnify Lessor for any such damages which Lessor may be required to pay arising out of accidents, injuries or occurrences on the Property during the lease term. ARTICLE X FORCE MAJEURE 10.01. Whenever a period of time is herein prescribed for the taking of any action by either party, such party shall not be liable or responsible for, and there shall be excluded from the computation of such period, any delays due to strikes, riots, acts of God, shortages of labor or 3 materials, war, governmental law, regulations or restrictions or any other cause whatsoever beyond the control of the obligated party, not to exceed thirty (30) days. ARTICLE XI RECORDATION 11.01. Lessee shall not record this Lease without the written consent of Lessor. ARTICLE XII QUIET ENJOYMENT 12.01. So long as Lessee shall timely and properly pay the Base Rent, and otherwise perform and satisfy all other obligations, duties and responsibilities required, Lessee shall freely, peacefully and quietly enjoy and occupy the Lessor's Property for the Term of the Lease, subject only to the Permitted Exceptions and the terms and conditions of this lease. ARTICLE XIII MISCELLANEOUS 13.01. No amendment, modification, or alteration of the terms of this Lease shall be binding unless it is in writing, dated contemporaneous with or subsequent to the date of this Lease, and duly executed by the parties to this Lease. 13.02. Any notice, demand, request or other communication required, given or made under or in connection with this Lease shall be deemed delivered, upon receipt, if hand delivered, or whether actually received or not, when deposited in a regularly receptacle for the mail, sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to Lessor: City of Owasso Attn: City Manager PO Box 180 Owasso, OK 74055 If to Lessee: Michael Brown XXXX N Garnett Rd Owasso, OK 74055 13.03. This Lease shall be construed under and in accordance with the laws of the State of Oklahoma and is performable in Tulsa County, Oklahoma. 13.04. This Lease shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, whether voluntarily or by operation of law. 4 13.05. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13.06. If any action at law or in equity is brought by the Lessee, Lessor shall not be responsible for the payment of Lessee's attorney's fees. 13.07. The parties hereby declare that it is impossible to measure in money the damages which will accrue to a party hereto. Therefore, specific performance may be sought and obtained for any breach of this Lease. 13.08. This Lease and all other copies of this Lease, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one Lease. This Lease may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13.09. This Lease contains the entire agreement between the parties with respect to the subject matter, and Lessor and Lessee acknowledge that they are not relying on any representation or promise of the other, or of any agency or cooperating agent, except as may be expressly set forth in this Lease. 13.10. Whenever herein the singular number is used, the same shall include the plural, and vice versa, and words of any gender shall include each other gender. 13.11. Lessor hereby grants to Lessee a right of first refusal and option to purchase the Lessor's Property. This right is fully subject to all statutory requirements requiring Lessor to obtain bids prior to sale of the property. Provided that Lessee is not then in default hereunder, upon receipt by Lessor of an acceptable, bona fide written offer from a third party to purchase the Lessor's Property, as evidenced by a written contract, Lessor shall provide written notice of the contract to Lessee. Within fifteen (15) business days following Lessee's receipt of the Notice, Lessee may elect to exercise its right of first refusal and option to purchase the Lessor's Property upon the same terms and conditions set forth in the third party contract by delivering written notice thereof to Lessor, accompanied by a written contract containing the identical terms and conditions as the third party contract. 5 EXECUTED by Lessor on this day of , 2022 LESSOR: CITY OF OWASSO an Oklahoma Municipal Corporation by: , Mayor ATTEST: Juliann Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney EXECUTED by Lessee on this day of November, 2022. LESSEE: MICHAEL BROWN EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at the Southeast corner of Lot 1, Block 1, Ator Heights Third Addition (Plat #3309), an Addition to Tulsa County in Section 19, Township 21 North, Range 14 East, THENCE N88 045'57 "E for forty three (43) feet to a point. THENCE N01°15'19"W parallel to the East line of said Lot 1, Block 1, Ator Heights Third Addition, for one hundred and thirty three and thirty hundredths (133.30) feet to a point. THENCE S88°55'24 "W for forty three (43) feet to a point, being the Northeast corner of said Lot 1, Block 1, Ator Heights Third Addition. THENCE S01°15'19 "E along the East lot line of said Lot 1, Block 1, Ator Heights Third Addition for one hundred and thirty three and thirty seven hundredths (133.37) feet to the POINT OF BEGINNING. 0 SCOPE Surveying Company Lease Legal Description BEGINNING at the Southeast corner of Lot 1, Block 1, Ator Heights Third Addition (Plat #3309), an Addition to Tulsa County in Section 19, Township 21 North, Range 14 East, THENCE N88°45'57 "E for forty three (43) feet to a point. THENCE N01°15'19 "W parallel to the East line of said Lot 1, Block 1, Ator Heights Third Addition, for one hundred and thirty three and thirty hundredths (133.30) feet to a point. THENCE S88°55'24 "W for forty three (43) feet to a point, being the Northeast corner of said Lot 1, Block 1, Ator Heights Third Addition. THENCE S01°15'19 "E along the East lot line of said Lot 1, Block 1, Ator Heights Third Addition for one hundred and thirty three and thirty seven hundredths (133.37) feet to the POINT OF BEGINNING. LEGEND 0' 20' 40' 80' Center Line Intended Lease Area SCALE NE CORNER OF LOT 1 BLK 1, ATOR HEIGHTS THIRD ADDITION 125.12' 88 °55'24' E 15' ESMT. BUILDING CONCRETE PARKING 12' 1W 115.00' NE CORNER S 88 055'24" W 410.00, L-SE CORNER OF LOT 1 BLK 1, ATOR HEIGHTS 19TH ST. THIRD ADDITION TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP Proposed Use Planning Manager SUBJECT: Partial Plat Vacation - Bailey Creek DATE: November 3, 2022 BACKGROUND: The Community Development Department received an application for a partial plat vacation of the final plat of Bailey Creek (Plot #6885). The subject property is located at the northeastern corner of the intersection of East 961h Street North and North 97th East Avenue. The purpose of the partial plat vacation is to allow for the clean transfer of the subject property to two adjacent property owners. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.054 acres Current Zoning Office O Proposed Use Residential Backyard Lots /Blocks Portion of 1 Lot, 1 Block Number of Reserve Areas N/A Within PUD? Yes; PUD 01 -02 Within Overlay District? No Water Provider City of Owasso Applicable Pa backs N/A ANALYSIS: The final plat of the subject property was approved by the Owasso City Council in August of 2019. o Construction on the multi - family development situated within the platted area (Twill at Bailey Creek) began in January of 2022. The subject property has historically been used as backyard space by two adjacent property owners, as their fence lines encroach into the subject property by approximately twenty feet (20'). o This encroachment was not discovered until the owners of the subject property commenced construction on their multi - family development. Pending approval of this partial plat vacation request, the applicant intends to deed the subject property over to the two neighboring property owners, so that they may marry it to their lots and continue to use it for additional backyard space. o This vacation process ensures a clean title for the subject property, to ensure the property can be transferred smoothly. Page 2 Partial Plat Vacation- Bailey Creek • Oklahoma State Statute allows for partial plat vacations, if the owner of the property consents to the partial vacation. o There is only one owner involved in this vacation request; they have approved and signed the application, allowing the vacation process to move forward. • State Statute further cites that "the vacation shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat'. • State Statute also requires that the vacation of the plat or portion thereof in which the property is situated be approved by the local municipal body in which the plat is located. o As such, this partial plat vacation request is being brought forth for consideration by the Owasso City Council. • Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single Family RS -3 Residential Residential City of Owasso South Residential Single Family RS -3 Residential Residential City of Owasso East Residential Single Family RS -3 Residential Residential City of Owasso West Office O Residential Transitional City of Owasso PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 7, 2022. ATTACHMENTS: Aerial Map Bailey Creek Filed Plat Showing Affected Area Aerial Map Partial Plat Vacation- Bailey Creek Location of Vacation Bailey Creek Final Plat R 14 E EAST NORTH OWNER: City of Owasso Final Plat OPUD 01- 02/ZONE CS /0 OWNER: City of Owasso Creek Main Street Owasso, Oklahoma TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP Current Zoning Planning Manager SUBJECT: Final Plat— Lot 1, Block 1 Morrow Commercial DATE: November 3, 2022 BACKGROUND: The Community Development Department received an application for review and approval of a Final Plat for Lot 1, Block 1 Morrow Commercial, a proposed commercial subdivision. The subject property is located north of the northeaster corner of the intersection of North 116th Street North and North 129th East Avenue. This Final Plat depicts one (1) of the five (5) lots shown on the Morrow Commercial Preliminary Plat. The property is approximately 1.008 acres in size and is zoned Commercial Shopping (CS) under OPUD 05 -02A. SUBJECT PROPERTY /PROJECT DATA: Property Size 1.008 acres +/- Land Use Master Plan Commercial Current Zoning CS Proposed Use Commercial Proposed Lots /Blocks 1 Lot, 1 Block (Portion of larger Morrow Commercial Preliminary Plat) Within a PUD? Yes; OPUD 05 -02A Within an Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Streets N/A Applicable Paybacks /Fees (assessed at final platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Assessment Area ($610.33 per acre) Garrett - Morrow Sanitary Sewer Assessment Area ($3,146 per acre) ANALYSIS: • The proposed Final Plat for Lot 1, Block 1 Morrow Commercial consists of one (1) Lot on one (1) Block on approximately 1.008 acres. o The proposed lot as depicted on this Plat meets the bulk and area requirements stipulated in the Owasso Zoning Code for CS -zoned property and the OPUD 05- 02A document. • There will be one (1) point of access for this subdivision, situated off of North 1291h East Avenue. o The plat also depicts one (1) Mutual Access Easement (MAE), which lies along the northern property boundary of the depicted lot. • Detention is provided for offsite. As such, there are no reserve areas depicted on the Final Plat. Page 2 Final Plat- Lot 1, Block 1 Morrow Commercial • Perimeter and interior utility easements are shown on the Final Plat, allowing utility companies adequate access to service the subdivision. • The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the property. Washington County Rural Water District #3 will provide water services. • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS) Vacant Commercial City of Owasso South Commercial Shopping (CS) Financial Commercial City of Owasso Institution East Commercial Shopping (CS) Vacant Commercial City of Owasso West Agricultural Residential (AG -R Rural Residential Tulsa County Residential PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 7, 2022. ATTACHMENTS: Aerial Map Final Plat - Lot 1, Block 1 Morrow Commercial Aerial Map Final Plat- Lot 1, Block I Morrow Commercial Subject Property MORROW COMMERCIAL NOVEMBER 1. W22 FINAL PLAT SURVEYOR FINAL PLATY LOT 1 BLOCK 1 OF MORROW COMMERCIAL CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be adopted and codified as follows: SECTION 15 -217.1 MOTOR VEHICLE ACCIDENTS OCCURRING ON PRIVATE PROPERTY Police officers shall not complete a written collision report for motor vehicle accidents that occur on private property within this jurisdiction except when: 1. A personal injury or fatality is involved; 2. A driver that may be under the influence of alcohol or other intoxicating substance is involved; 3. The collision involves a vehicle that is the property of the state or a political subdivision of the state; 4. A hit - and -run is involved; 5. Prosecution or follow -up investigation is contemplated; 6. There is damage to public property; 7. Directed by a supervisor. Police officers shall provide assistance to motorists as a public service, such as exchanging information or arranging for the removal of vehicles. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION This ordinance shall be adopted and codified in Part 15, Chapter 2, as Section 15 -217.1 in the Owasso Code of Ordinances. ADOPTED by the City Council of the City of Owasso, Oklahoma on the day of 2022. Mayor ATTEST: City Clerk (S E A L) APPROVED as to form and legality this day of , 2022. City Attorney