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HomeMy WebLinkAbout2006.01.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: January 3, 2006 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Thursday, December 29, 2005. Juliann M. Stevens, Administrative Assistant AGENDA 1. Call to Order Mayor Craig Thoendel 2. Invocation Pastor Kirby Scaggs, Bethel Baptist Church 3. Flag Salute 4. Roll Call S:\Agendas\Counci I\2006\0103.doc Owasso City Council January 3, 2006 Page 2 5. Presentation of the Character Trait of Punctuality, followed by a public service announcement. Ms. Jessica Hunt, Owasso Character Council 6. Presentation of the City of Owasso Employee of the Month for January 2006. Mr. Ray Mr. Ray will introduce the Employee of the Month for January 2006. 7. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the December 20, 2005 Regular Meeting. Attachment # 7-A B. Approval of Claims. Attachment # 7-E C. Approval of Ordinance No. 839, annexation request OA 05-10, containing approximately 20 acres, more or less, located south of the southwest corner of E. 96"' Street forth and N. Garnett Road. Attachment # 7-C Staff will recommend Council approval of Ordinance No. 839 and has listed this item in the consent section of the agenda based on Council. actions taken December 20, 2005 to approve the annexation request. D. Approval of Ordinance No. 840, easement closure for the western 5' of a 20' utility easement located on the east side of Lot 16 :dock 1 (11201 E. 2 1 " Court Forth) as shown on the filed plat of the Country Estates III subdivision. Attachment # 7-D Staff will recommend Council approval of Ordinance No. 840 and has listed this item in the consent section of the agenda based on Council actions taken December 20, 2005 to approve the easement closure. S-\Agendas\Counci I\2006\0103_doc Owasso City Council January 3, 2006 Page 3 S. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 835, an ordinance providing for Landscaping Standards to be developed by the City of Owasso. Mr. Wiles Attachment #8 Staff will recommend Council approval of Ordinance No. 835. 9. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-01, a resolution defining the Landscaping Rules and Regulations for the City of Owasso. Mr. Wiles Attachment #8 Staff will recommend Council approval of Resolution No. 2006-01. 10. Consideration and appropriate action relating to a request for Council approval of a development agreement between the City of Owasso and JKJ Owasso Development, LLC for the construction of regional drainage improvements and authorization of the City Manager to execute the agreement. Mr. Ray Attachment #10 Staff will recommend Council approval of a development agreement between the City of Owasso and JKJ Owasso Development, LLC for the construction of regional drainage improvements and authorization of the City Manager to execute the agreement. 11. Report from City Manager, 12. Report from City Attorney. S-.\Agendas\COliilei I\2006\0103.doc Owasso City Council January 3, 2006 Page 4 13. Report from City Councilors. 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 15. Adj ournment. S:\Agendas\Counci I\2006\0I 03.doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 20, 2005 The Owasso City Council met in regular session on Tuesday, December 20, 2005 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, December 16, 2005. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Mrs. Tina Clark, Destiny Fellowship. ITEM 3. FLAG SALUTE Councilor Susan Kimball led the flag salute. ITEM 4. ROLL CALL, PRESENT ABSENT Craig Thoendel, Mayor Brent Colgan, Councilor Steve Cataudella, Vice Mayor Susan Kimball, Councilor Wayne Guevara, Councilor - out at 7:00 after voting on Item 16, and before Item 5. A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney Due to Councilor Guevara's need to leave the Council meeting early, .Item 16. was moved to the beginning of the meeting. Councilor Kimball announced her intent to recuse herself from discussions and voting on Item 16. Mayor Thoendel acknowledged Councilor Kimball was recused from this agenda item and Councilor Kimball exited the Council Chambers. Owasso City Council December 20, 2005 ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2005-22, A RESOLUTION AUTHORIZING THE INSTITUTION AND PROSECUTION OF CONDEMNATION PROCEEDINGS TO SECURE PERMANENT RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT NECESSARY FOR THE SILVER CREEK DRAINAGE IMPROVEMENTS PROJECT, AND AUTHORIZATION OF THE CITY MANAGER TO TAKE ACTION NECESSARY FOR THE INITIATION OF SUCH PROCEEDINGS Mr. Ray presented the item. Mr. Del Davis, representing Tracy Construction, addressed the Council regarding this item. Mr. Kenneth Yates, a homeowner in the Silver Creek subdivision, also spoke to Council. Mr. Cataudella moved, seconded by Mr. Guevara, to go forward with condemnation proceedings by adoption of Resolution No. 2005-22, as stated above. YEA, Cataudella, Guevara, Thoendel NAY: None Motion carried 3-0. After the vote was concluded, Councilor Kimball returned into the Council Chambers. ITEM 5. PRESENTATION OF THE CITY OF OWASSO EMPLOYEE OF THE MONTH Mr. Ray introduced Julie Dane, a member of the City's Human Resources Department, as the Employee of the Month for December, 2005. ITEM 6 CONSIDERATION AND APPROPRIATE ACTION REQUESTAPPROVAL CONSENT A. Approval of Minutes of the December 6, 2005 Regular Meeting and the December 13, 2005 Special Meeting, B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2005-2006 budget status report. D. Acceptance of the First Baptist Church Water System Improvements, to include approximately 1,632 linear feet of ten inch, 59 linear feet of eight inch, and 494 linear feet of six inch PVC potable water line. 10 Owasso City Council December 20, 2005 E. Acceptance of the Water System hnprovements Phase I, North Service Area Transmission Line and authorization of final payment to McGuire Brothers Construction, Incorporated in the amount of $176,954.59 for a total contract amount of $1,626,888.29. F. Approval of a one (1) year extension to an Inter -local agreement between the City of Owasso and the City of Collinsville for jail services. G. Approval of an amendment to the City Manager's Employment Contract for 2005-2006. Mr. Cataudella moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims totaling $834,148.08, self-insurance medical claims & fees totaling $84,396.16 and payroll claims totaling $341,651.98. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A DONATION FROM RED ROBIN GOURMET BURGERS, APPROVAL OF A BUDGET AMENDMENT TO THE FY 2005-2006 GENERAL FUND; AND, A SUPPLEMENTAL APPROPRIATION INCREASING EXPENDITURES IN THE FIRE DEPARTMENT BUDGET Chief Clark presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council acceptance of a donation from Red Robin Gourmet Burgers; approval of a budget amendment to the FY 2005-2006 General Fund increasing the estimate of revenues in the amount of $2,327.50; and, approval of a supplemental appropriation increasing expenditures in the amount of $2,327.50 in the Fire Department Budget, YEA: Cataudella, Kimball, Thocndel NAY: None Motion carried 3--0. I Owasso City Council December 20, 2005 ITEM S. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 834, AN ORDINANCE PROHIBITING THE PARKING OF MOTOR VEHICLES WITHIN OR OTHERWISE OBSTRUCTING DESIGNATED FIRE LANES AND PROVIDING FOR THE ENFORCEMENT OF VIOLATIONS BY THE FIRE AND POLICE DEPARTMENTS Chief Clark presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, for Council approval of Ordinance No. 834, as stated above. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 05- 10, CONTAINING APPROXIMATELY 20 ACRES, MORE OR LESS, LOCATED SOUTH OF THE SOUTHWEST CORNER OF EAST 96TH STREET NORTH AND NORTH GARNETT ROAD Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council approval of Annexation Request OA 05-10. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EASEMENT CLOSURE CONSISTING OF THE WESTERN 5' OF A 20' UTILITY EASEMENT LOCATED ON THE EAST SIDE OF LOT 6 BLOCK 1 (11201 EAST 2IsT COURT NORTH) AS SHOWN ON THE FILED PLAT OF THE COUNTRY ESTATES VI SUBDIVISION Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, for Council approval of an casement closure, as stated above. YEA: Cataudella, Kimball, Thoendel. NAY: None Motion carried 3-0. 19 Owasso City Council December 20, 2005 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 835, AN ORDINANCE PROVIDING FOR LANDSCAPING STANDARDS TO BE DEVELOPED BY THE CITY OF OWASSO Mr. Wiles presented the item. Mr. Ray commented that it was his understanding certain steps were to be taken regarding the Planning Commission before this item came to vote. In order to determine all requirements had been met, Ms. Kimball moved to table this item. Motion was seconded by Mr. Cataudella. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2005-21, A RESOLUTION DEFINING THE LANDSCAPING RULES AND REGULATIONS FOR THE CITY OF OWASSO Action on this item was postponed until a later date. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ORDINANCE NO. 836, AN ORDINANCE AMENDING THE SIDE YARD SET BACK REQUIREMENTS TO ALLOW FOR 5' AND 5' SETBACKS WITHIN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS Mr. Wiles presented the item.. Ms. Kimball moved, seconded by Mr. Cataudella, for Council approval of Ordinance No. 836, as stated above. YEA: Cataudella, Kimball, Thoendcl NAY: None Motion carried 3-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF ONE UTILITY VEHICLE FOR THE POLICE DEPARTMENT Chief Yancey presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, for Council approval to award a bid in the amount of $25,498.00 to United Ford of Tulsa, Oklahoma for the purchase of one 2006 Ford four-wheel drive utility vehicle. 9 Owasso City Council December 20, 2005 YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO ORDINANCE NO. 838, AN ORDINANCE AMENDING PART 7, CHAPTER 1, SECTION 7-109 OF THE CITY OF OWASSO CODE OF ORDINANCES BY PROVIDING FOR THE CREATION OF A WORKER'S COMPENSATION IMPREST ACCOUNT WITH ADMINISTRATION AND CHECK SIGNING AUTHORITY BY THE CONTRACT THIRD PARTY ADMINISTRATOR Ms. Bishop presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council approval of Ordinance No. 838, as stated above. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0. �1r�Tlf(i�:l�7C ! :. ! ►1 1.1 � 1 a Z Mr. Ray voiced his concerns to Council that, due to a recent incident regarding annexation, he felt the City's Policy of Annexation needed to be reviewed. Mr. Ray has directed Mr. Wiles, Director of Community Development, to review the Policy of Annexation, and a report to Council would be forthcoming. ITEM 19. REPORT FROM CITY COUNCILORS None IYiI�l1�1[►1�l1l1f.�>�i�yll�l�►�'7`7 None 6 Owasso City Council December 20, 2005 ITEM 21. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Cataudella, to adjourn. YEA: Cataudella, Kimball, Thoendel NAY: None Motion carried 3-0 and the meeting was adjourned at 7:45 p.m. Pat Fry, Minute Clerk Craig Thoendel, Mayor 7 CITY OF OWASSO CLAIMS TO BE PAID 01/03/06 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH AC REFUND 30.00 TREASURER PETTY CASH AC REFUND 20.00 REFUND TOTAL 50.00 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 650.05 MUNICIPAL COURT DEPT TOTAL 650.05 TREASURER PETTY CASH CITY MGR EXP/EMPLOYEE APPRECIATION 1,532.35 STAPLES DEPT INK 29.24 OFFICE DEPOT ENVELOPES 17.97 TRIAD PRINTING PRINTING 111.43 TRIAD PRINTING PRINTING 25.00 METROCALL PAGER USE 6.95 OK MUNICIPAL LEAGUE SEMI NAR-LOMBARDI 85.00 TREASURER PETTY CASH COUNCIL WORK SESSION 10.00 TREASURER PETTY CASH MEETING EXPENSE 71.43 TULSA METRO CHAMBER OF COMMERCE CONGRESSIONAL FORUM 50.00 OK ASSOC OF MUNICIPAL ATTY CONFERENCE/ANNUAL DUES-LOMBARDI 25.00 OKLAHOMA BAR ASSOCIATION ANNUAL DUES-LOMBARDI 275.00 ASHWORTH EMPLOYEE RECOGNITION 356.60 SCOTT MILLER CUSTOM CRAFT AWARDS EMPLOYEE RECOGNITION 215.00 TREASURER PETTY CASH EMPLOYEE APPRECIATION 265.00 SOFTWARE HOUSE INTERNATIONAL SOFTWARE 242.18 MANAGERIAL DEPT TOTAL 3,318.15 FENNELL, ROSE MARIE REIMBURSEMENT TUITION 185.10 FINANCE DEPT TOTAL 185.10 STAPLES INK CARTRIDGES 152.70 G-NEIL DIRECT MAIL ATTENDANCE CONTROLLERS 96.67 M. LEE SMITH PUBLISHERS SUBSCRIPTION 297.00 TRIAD PRINTING CHARACTER BROCHURES 230.27 A N Z SIGNS CHARACTER BANNERS 665.00 DANIEL JOHNSTON PSA RECORDING 711.00 COMMUNITY CARE EAP EAP SERVICES 495.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 130.26 HUMAN RESOURCES DEPT TOTAL 2,777.90 JAVA DAVES SUPPLIES 111.67 OWASSO IMAGING SOLUTIONS OVERAGE CHARGE 444.34 CINTAS CORPORATION MAT SERVICE 32.15 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 150.00 RETHERFORD PUBLICATIONS LEGAL ADS 558.80 RETHERFORD PUBLICATIONS LEGAL NOTICES 384.00 SOUTHWESTERN BELL PHONE USE 859.32 SOUTHWESTERN BELL PHONE USE 40.91 GENERAL GOVERNMENT DEPT TOTAL 2,581.19 CROWN AUTO WORLD VEHICLE KEYS 106.80 ATWOODS SAFETY BOOTS 119.95 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH FUEL 20.00 JOLIE, INC. BLUEPRINT COPY 7.96 METROCALL PAGER USE 13.90 COMMUNITY DEVELOPMENT DEPT TOTAL 268.61 OFFICE DEPOT FILE BOXES/GLUE 41.95 TRIAD PRINTING BUSINESS CARDS- DAY/ALEXAN D E R 90.00 MESHEK & ASSOCIATES STORMWATER REVIEW 4,105.14 US CELLULAR CELL PHONE USAGE 68.10 VEENSTRA, JOHN WORKSHOP-DEARING 590.00 ENGINEERING DEPT TOTAL 4,895.19 OFFICE DEPOT MOUSE/CARTRIDGE/KEYBOARD/SWITCHES 139.13 TREASURER PETTY CASH MILEAGE-WILLSON 10.19 CDW GOVERNMENT SOFTWARE 272.30 INFORMATION SYSTEMS DEPT TOTAL 421.62 LOWES COMPANIES PHYSICAL PROPERTY SUPPLIES 21.58 RADIO SHACK VCR CABLE -OLD CENTRAL 12.99 WAL-MART COMMUNITY CANDY DISHES -CITY HALL 34.57 UNIFIRST HOLDINGS LP UNIFORM RENTAL 88.92 COX COMMUNICATIONS INTERNET FEES -OLD CENTRAL 69.95 TREASURER PETTY CASH DOC LUNCHES 7.59 METROCALL PAGER USE 6.95 SOUTHWESTERN BELL PHONE USE 0.07 SUPPORT SERVICES DEPT TOTAL 242.62 OWASSO FOP LODGE #149 LEGAL DEFENSE_ FY 06 122.50 ONYX CORPORATION PRINTER CARTRIDGES 49.95 TRIAD PRINTING PRINTING 150.00 OWASSO IMAGING SOLUTIONS OVERAGE CHARGE 444.34 TAYLOE PAPER CO EVIDENCE SUPPLIES 59.60 POLICE PETTY CASH CASSETTE CLEANER 9.99 LEE'S BICYCLE SHOP BIKE PATROL SUPPLIES 16.98 LEE'S BICYCLE SHOP BIKE PATROL EQUIPMENT 239.94 GALL'S PROTECTIVE VEST/UNIFORM GEAR 1,526.46 MPH INDUSTRIES RADAR REPAIR 139.33 STATE OF OKLA BOARD OF TESTS INTOXLYZER REPAIR 217.00 METROCALL PAGER USE 258.56 SOUTHWESTERN BELL PHONE USE 859.31 SOUTHWESTERN BELL PHONE USE 39.96 JOLIE, INC. SHIPPING CHARGES 16.99 POLICE PETTY CASH PER DIEM 16.73 DALLAS MIDWEST WORK TABLE 238.00 FLEET DISTRIBUTORS EXPRESS VEHICLE EQUIPMENT 4,044.99 POLICE DEPT TOTAL 8,450.63 ONYX CORPORATION PRINTER CARTRIDGES 39.90 METROCALL PAGER USE 6.95 POLICE COMMUNICATIONS DEPT TOTAL 46.85 HILL'S PET NUTRITION SALES SHELTER SUPPLIES 75.00 CAMPBELL PET COMPANY ROPE LEASH 221.75 STRATHE VETERINARY HOSPITAL ALLIANCE MEDICAL SOUTHWESTERN BELL METROCALL COMPUSA STORES, L.P. TRIAD PRINTING FIREHOUSE MAGAZINE SUBSCRIPTION CLARK,BRADD OKLAHOMA POLICE SUPPLY CROW BURLINGAME COMPANY INTEGRIS AMBULATORY CARE CORPORATION OWASSO GLASS TRIAD PRINTING SOUTHWESTERN BELL METROCALL WAKLEY, JOE TREASURER PETTY CASH VVEC TOTAL RADION SOUTHWESTERN BELL ATWOODS LOWES COMPANIES LOWES COMPANIES UNIFIRST ATWOODS GEORGE & GEORGE SAFETY & GLOVE TULSA COUNTY BOCC OWASSO FENCE TRUGREENLANDCARE METROCALL US CELLULAR SIGNALTEK INC MILL CREEK LUMBER & SUPPLY OWASSO FENCE TULSA COUNTY BOCC MILL CREEK LUMBER & SUPPLY TWIN CITIES READY MIX 'TWIN CITIES READY MIX ATWOODS LOWES COMPANIES UNIFIRST GEORGE & GEORGE SAFETY & GLOVE ATWOODS WAL-MART COMMUNITY LOWES COMPANIES DESCRIPTION AMOUNT VET SUPPLIES 142.00 RUBBER GLOVES 78.17 PHONE USE 1.48 PAGER USE 13.90 ANIMAL CONTROL DEPT TOTAL 532.30 WIRELESS KEYBOARD/MOUSE 177.08 PRINTING 250.00 SUBSCRIPTION 60.00 REIMBURSEMENT -UNIFORM CLOTHING 360.19 UNIFORM CLOTHING 155.95 REPAIR SUPPLIES 166.04 EMPLOYMENT PHYSICAL 450.00 WINDOW REPLACEMENT 100.00 PRINTING 90.00 PHONE USE 9.60 PAGER USE 8.95 PER DIEM 112.00 MEALS 31.18 FIRE DEPT TOTAL 1,970.99 STORM SIRENS 16.59 REPAIR -STORM SIRENS 281.90 PHONE USE 1.25 EMERGENCY PREPAREDNESS DEPT TOTAL 299.74 TIRE REPAIR KIT 14.42 DOORKNOB -LUNCH ROOM 15.98 VISQUENE 77.99 UNIFORMS/PROT CLOTHING 298.72 WORK BOOTS-WOODS/RARER 209.94 GLOVES 31.73 SIGN REPLACEMENT PROJECT 764.00 PW®GATE REPAIR 225.00 LANDSCAPE MAINT 65.00 PAGER USE 43.70 CELL PHONE USAGE 34.05 CONTROLLER INSTALLATION 21,000.00 GRAVEL MIX 13.96 SIGN POSTS/HARDWARE 85.60 SIGNS 120.00 FORM BOARDS 11.47 CONCRETE 352.75 CONCRETE 1,046.00 STREETS DEPT TOTAL 24,410.31 KEROSENE/SCREWS 16.13 KEYS 3.02 UNIFORMS/PROT CLOTHING 309.61 GLOVES 31.73 LEVELS 61.79 DIGITAL CAMERA/MEMORY CARD 361.61 SNOW SHOVELS/BROOM HANDLES 35.41 VENDOR DESCRIPTION AMOUNT TRUGREEN LANDCARE LANDSCAPE MAINT 65.00 EQUIPMENT ONE RENTAL & SALES RENTAL -TRENCHER 85.00 METROCALL PAGER USE 143,20 STORMWATER MAINT DEPT TOTAL 1,112.50 LOWES COMPANIES PADLOCK 15.46 TREASURER PETTY CASH LIGHTS -ON CEREMONY EXPENSE 5.81 ADT SECURITY SERVICES SECURITY SERVICES 43.36 METROCALL PHONE USE 13.90 TRIAD PRINTING SIGNAGE 3,392.00 PARKS DEPT TOTAL 3,470.53 TREASURER PETTY CASH REPAIR ITEMS 21.50 SOUTHWESTERN BELL PHONE USE 0.26 COMMUNITY CENTER DEPT TOTAL 21.76 SOUTHWESTERN BELL PHONE USE 0.02 HISTORICAL MUSEUM DEPT TOTAL 0.02 LONE STAR OVERNIGHT EXPRESS/OVERNIGHT DELIVERY 28.39 TRIAD PRINTING MARKETING MATERIAL 6,401.82 TREASURER PETTY CASH TRAVEL/TRAINING 327.55 FEDEX MEETING EXPENSES 31.80 ECONOMIC DEVELOPMENT DEPT TOTAL 6,789.56 GENERAL FUND TOTAL 62,495.62 PACE PRODUCTS AMBULANCE SUPPLIES 210.00 T & W TIRE, LP TIRES 873.32 EXCELLENCE GLASS REPLACEMENT 205.23 CROW BURLINGAME COMPANY REPAIR SUPPLIES 11.50 TREASURER PETTY CASH REPAIR PART 21.89 AMBULANCE SERVICE FUND TOTAL 1,321.94 MESHEK & ASSOCIATES ENGINEERING SERVICES 6,857.44 STORMWATER MGMT FUND TOTAL 6,857.44 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 62.50 CAPITAL IMPROVEMENTS FUND TOTAL 62.50 ATC FREIGHTLINER GROUP AMBULANCE CHASSIS 60,274.00 AMBULANCE CAPITAL FUND TOTAL 60,274.00 INCOG CDBG-ED-04 NSP 274.41 CAPITAL PR03ECTS GRANTS FUND TOTAL 274.41 O'REILLY AUTOMOTIVE OPERATING SUPPLIES 9.57 LOWES COMPANIES SUPPLIES 11.82 UNIFIRST UNIFORM RENTAL 104.32 CLASSIC CHEVROLET PARTS FOR RESALE 9.69 O'REILLY AUTOMOTIVE PARTS FOR RESALE 636.52 AMERICAN HOSE & SUPPLY PARTS-BACKHOE/DUMP TRUCK 144.95 UNITED FORD METROCALL SOUTHWESTERN BELL FRONTIER INTERNATIONAL TRUCKS CLASSIC CHEVROLET B & M CUSTOM EXHAUST PPO SOLUTIONS JAMPETRO, T C/O CRAIG ARMSTRONG, ATTY WALGREEN COMPANY GOSVENER, B C/O BRYCE A HILL, HIS ATTY HEALTHSOUTH HOLDINGS INC URGENT CARE OF GREEN COUNTRY, P.L.L.C. DESCRIPTIONAMOUNT PARTS FOR RESALE 175.10 PAGER USE 6.95 PHONE USE 3.31 ALTERNATOR REPLACEMENT 1,052.05 TOWING CHARGES 69.00 PARTS FOR RESALE 228.90 CITY GARAGE FUND TOTAL 2,452.18 B06203 110.73 J06172 474.00 B06203 45.64 G02264 528.00 B06203 626.64 T12105 197.80 WORKERS COMP FUND TOTAL 1,982.81 GRAND TOTAL 135,720.90 CITY OF OWASSO GENERAL... FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/24/2005 Department Overtime Expenses Total Expenses Municipal Court 0.00 3,456.44 Managerial 0.00 13,750.21 Human Resourses 0.00 5,279.19 Community Development0.00 12,428.31 Engineering _ 0.00 8,284.60 Support Services 0.00 7,100.39 Central Dispatch 754.22 7,134.03 Fire 1,082.67 61,356.31 Emergency Preparedness '0.00 1,57069 Streets 34.62 6,770.32 Stormwater/ROW Maint. 0.00 7,716.48 Park Maintenance 0.00 5,517.88 Community -Senior Center 0.00 4,047,70 Historical Museum 0.00 2,259.27 Economic Development 0.00 3,366.63 Ambulance Fund Fund Total $36U9 $15,794.60 Emeroency 911 Fund won CITY OF A,,, HEALTHCARE SELF INSURANCE r CLAIMS PAID P AUTHORIZATION OF ORDINANCE #78'.i AETNA DELTA DENTAL DESCRIPTION AMOUNT HEALTHCARE MEDICAL SERVICE 35,557.46 HEALTHCARE MEDICAL SERVICE 22,727.21 HEALTHCARE DEPT TOTAL 58,284.67 DENTAL MEDICAL SERVICE 2,733.40 DENTAL MEDICAL SERVICE 2,859.70 DENTAL MEDICAL SERVICE 4,629.67 DENTAL DEPT TOTAL 10,222.77 4EALTHCARE INSURANCE TO: THE HONORABLE MAYOR AND DCOUNCIL CITY OF SO r RO CITY PLANNER D. December 27, 20Q BACKGROUND: At the December 20, 2005 meeting, the Owasso City Council approved an annexation request (OA 05-10) for approximately 20 acres of property located at the northeast corner of E. 94"' Street North and N. Garnett Road. Attached is a copy of Ordinance No. 839 that formally adopts the City Council' s action of December 20, 2005. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 839. ATTACHMENT: 1. Ordinance No. 839 2. Subject Map AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA,ADDITIONAL 1 . 1 TERRITORY SOUTHTHE OF i• QUARTER OF COUNTY,NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE • OF OKLAHOMA,O,'1 i' GOVERNMENTrTHEREOF,. • ` 1 •, THAT FROM 1 AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE RE' AL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE . PART OF OWASSO, OKLAHOMA,/ FURTHER DECLARING PERSONS RESIDING THERE IN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF i. OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD TWO OF SAID CITY AND 1 OF ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three -fourths of the legal voters and owners of not less than three -fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on December 20, 2005 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 20t" day of December, 2005, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition- had been given. NOW, THERE,FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following dcscribed territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: A TRACT OF LAND THAT IS IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF SAID TRACT CONTAINS 20 ACRES MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Two thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a tine and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. .. • Craig Thoendel, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney ®`2 � «< >: Owasso Community Development Department III N. Main S! Owasso, O\74055 918.376.1500 918,376.1597 a��.dtyo69+s. m I MIJIDIA I TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER DATE: December 27, 2005 BACKGROUND: At the December 20, 2005 meeting, the Owasso City Council approved an easement closure request for the western 5' of a 20' utility easement located on the east side of Lot 16 of Block I as shown on the filed plat of the Country Estates VI Addition. Attached is a copy of Ordinance No. 840 that formally adopts the City Council's action of December 20,2005. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 840. 10 1 K m, A 0 L WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility/access easement; WHEREAS, said utility/access easement is described as follows: THE WESTERN FIVE FEET (5) OF THE EASEMENT SHOWN ALONG THE EASTERN EDGE OF LOT SIXTEEN (16), BLOCK ONE (1), COUNTRY ESTATES VI, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITT OCI 01,C-LAHOMA, Section 1. The following described utility/access easement, be, and the same is hereby closed to the public use, to -wit, THE WESTERN FIVE FEET (5) OF THE EASEMENT SHOWN ALONG THE EASTERN EDGE OF LOT SIXTEEN (16), BLOCK ONE (1), COUNTRY ESTATES VI, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKI AHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Craig Thoendel, Mayor ATTEST: Sherry Bishop, City Clerk s'' • l �T:TLIIf7 SA Rilie Trout Lombardi, City Attorney A -MIDI TO: THE HONORABLEMAYOR AND COUNCIL CITY OF OWASSO 1 RO COMMUNITY DEVELOPMENT DIRE, CTOR DATE: December 27, 20001 As part of the ongoing efforts to ensure an enhanced quality of life for residents of Owasso through reasonable development regulation, the staff has drafted and is proposing a landscape ordinance for the City of Owasso. In order for the City to receive input on the regulations from a citizen perspective, the Planning Commission reviewed the regulations on December 12, 2005 at a public hearing. In November, the Owasso Economic Development Authority (OEDA) was presented with the proposed regulations and input was given at that time from a business perspective. Subsequent to the reviews by the OEDA and the Planning Commission, it is appropriate that the regulations be considered by the City Council. At the direction of the City Manager, the staff has drafted standards to guide the placement of landscaping with new developments in Owasso. The standards presented focus on three key issues: 1.) landscaping for non-residential and multi -family developments adjacent to public streets, 2) landscaping as a buffer between non- residential/multi-family and existing residential developments, and 3) landscaping for downtown developments. In order to provide the city with a broad perspective and a wide range of input, the Owasso Landscape Standards Committee was formed. Its charge was to evaluate the current conditions of landscaping in Owasso, and to consider possible regulations that could have a positive impact on the nature of landscaping in the community. The committee reported its findings to the City Manager on October 17, 2005, and was comprised of twelve members, eight citizen members and four staff members. Steve Compton Duane Coppick Marilyn Hinkle David Horton Tim Johnson Julie Mullinax Chris Snedden Dr. Dirk Thomas Staff Members Corey Burd Chip McCulley Timothy Rooney Eric Wiles The current zoning code says very little about landscaping. In the site plan review section of the commercial development chapter of the code, it does say that "The site plan shall contain... Proposed location and development of buffer areas, screening and landscaping (section 660.3.e)." These current regulations are insufficient when trying to address the variety of different landscaping plans that accompany developments in Owasso. As the city has grown, the opportunities for incompatibility between residential areas and non-residential areas have increased. It is reasonable to expect that some basic regulations should be considered in an attempt to maintain compatibility between residential uses and non-residential uses. The development of the proposed regulations began by examining the current types of landscaping in the community. The different types of landscaping that have widespread use in Owasso include street edge landscaping, clusters of trees and shrubs, parking lot landscaping, residential entrances and perimeters, buffers between commercial and residential developments, and structural landscaping. Next, landscaping ordinances from nine other cities across the state and neighboring areas were examined in order to explore the different ways that landscaping is regulated. A spreadsheet illustrating the basic regulations from these nine cities is attached with this memorandum. The committee then toured the community in order to compare the types of landscaping that exist in different places in Owasso. Once the existing conditions in Owasso and the existing regulations in other communities had been examined, the committee developed a list of issues that were determined to be priorities in the drafting of the landscaping ordinance. These issues were listed in a questionnaire of issues that was discussed and used to derive the framework for the proposed landscaping regulations. That questionnaire of issues is attached with this memorandum. The proposed landscaping ordinance, attached herewith, begins with a stated introduction and intent: These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. Four purposes are derived from that statement of intent: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. From those purposes, the ordinance goes on to list definitions of the terms and concepts used in the ordinance, and then the ordinance gets into the regulations themselves. The regulations begin with seven general requirements for landscaping: 1. required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his/her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. The regulations then explain the rules for landscaping as they apply to developments within commercial, industrial, office, and multi -family zoning districts. These types of developments must provide a 10' strip of landscaped edge adjacent to public streets. The landscaped edge may be located within a right-of-way, easement, and/or building setback. Within this landscaped edge, there must be at least one tree planted for every 50 linear feet (four shrubs equal one tree). The required trees may be either spaced apart or grouped together as desired by the applicant. Within the downtown area, new developments are not required to provide a landscaped edge adjacent to public streets. However, the proposed ordinance would require new downtown developments to plant at least one tree for every 50 linear feet adjacent to a street. The downtown area is bounded by East 86th Street North, the Owasso Expressway, 5"' Avenue, and Carlsbad. When new commercial, industrial, office, and multi -family developments are constructed adjacent to existing single-family developments, there must be a 20' landscaped buffer between the two developments. Within this buffer, there must be at least one tree planted for every 30 linear feet. In order to encourage tree preservation, every mature tree that is preserved within the landscape edge during development shall be counted the same as two new required trees. Landscape plans will be reviewed by the Planning Commission as paid of the site plan review process. The Board of Adjustment will be given the ability to grant variances to these regulations in cases of hardship. As part of the City's efforts to continually find new ways to be responsive to the changing demands of business and development, the staff also proposes that the landscape ordinance include language that allows the City Manager to promulgate rules and regulations that would be added to the landscape ordinance if such changes are deemed necessary. When such changes are made, the City Manager would notify the City Council and Planning Commission of the rules changes. Such notice to the City Council would be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the changes. The changes would then "lay open" to Council action to disapprove the changes in part or in whole. The "lay open" period would be for 30 days. If the City Council did not take action on the changes within 30 days, then the rule(s) change would have the force and effect of law. The staff believes that such an approach to amending regulations would allow the city to adapt more rapidly to requirements of the marketplace. To develop a mechanism to provide for this promulgation of regulations, the staff proposes an ordinance (#835) to adopt the landscape standards, and a resolution (#2006- 01) to state what the specific landscaping requirements are. OEDA AND PLANNING COMMISSION INPUT: In order to receive comment from both a business perspective and a citizens' perspective, the proposed regulations were presented to the OEDA on November 18, 2005 and the Planning Commission on December 12, 2005. At those meetings, the OEDA and Planning Commission voted to recommend that landscaping standards adopted along with requirements for entrances into single-family subdivisions. Since the meetings, the staff has researched the issue of regulating what types of landscaping are provided at the entrances to single-family subdivisions. Possible requirements could include that a landscaped entrance plan must be submitted with the final plat of the subdivision. The location and types of trees proposed would be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All required landscaping would be required to be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association would be required to provide perpetual maintenance of the landscaped area. The staff recommends approval of the Ordinance #835 and resolution #2006-01. 1. Ordinance #835 2. resolution #2006-01 3. Spreadsheet of lighting regulations from 9 other cities 4. Questionnaire of issues 5. Presentation handout AN ORDINANCE t G TO PART 12, PLANNING, ZONING AND CODE OF ORDINANCES OF THE CITY OF ii, OKLAHOMA, AMENDING SAME BY PROVIDING LANDSCAPING STANDARDS FOR DEVELOPMENTS IN THE CITY OF OWASSO. ;,10M KU"101ON1,111 121, BE IT ORDAINED BY iUNCIL OF THEOF i OKLAHOMA, THAT, TO -WIT: SECTION ONE (1)® Part 'Twelve, Planning, Zoning and Development, Chapter 19, Landscaping Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted as a new chapter and section by providing and codifying as follows: b � E `these landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting; the amount or type of landscaping that a development can provide. The objective of this Ordinance is to establish procedures and practices governing protection, installation, and long-term maintenance of trees, shrubs, vegetation, and other landscape . and provide forpromulgation of rules necessary to achieve the intent of this ordinance.purpose as • ,o 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of mules and Regulations to implement and ensure continuation of the intent of the ordinance. C. - Nonconfor mities Any landscaped or non -landscaped developments existing prior to the adoption of this ordinance are considered legal and non -conforming. Any new developments placed upon properties within Owasso subsequent to the passage of this ordinance must meet the requirements of this ordinance. D. — Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordinance will result in unnecessary hardship. Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the ordinance to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. F. ® Severability All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to this end the provisions of this ordinance are declared to be severable. In addition, all landscaping will conform to all other applicable codes and regulations of the City of Owasso. Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code of Ordinances, provided for in Part I (General Provisions), Section 1-108C. Unless after the date hereof a different penalty is provided, any person convicted of violating this ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) per day excluding costs. SECTION TWO (2) Repealer• All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE' (5): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 19, as section 19w101. PASSED by the City Council of the City of Owasso, Oklahoma on the 3d day of January, 2006. Craig Thoendel, Mayor Sherry Bishop, City Clerk BUM APPROVED as to form and legality this _ day of 2006. Julie Lombardi City Attorney i 1 !t I WHEREAS, the landscaping regulations of the City of Owasso are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation and planting of trees and plants in Owasso, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, that the following standards are adopted as the Landscaping Rules and Regulations for the City of Owasso. ARTERIAL STRE ET -- A street designated as an arterial in the City of Owasso Master Plan. CALIP>C — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die within three years. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86th Street North to the north, 5tn Avenue to the south, and Atlanta Street to the west. GROUND COVER — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plat materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE BUFFER — Landscape area required to be provided adjacent to an existing single-family district in multifamily and nonresidential areas. LANDSCAPED EDGE, — Landscape area required to be provided adjacent to a street or highway in multi -family and nonresidential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. These standards shall apply to all areas where landscaping is required by this ordinance. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. Z. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his/her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. These standards shall apply to all commercial, industrial, office, and multi. -family zoning districts. Landscaping along street right-of-way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced, pour shrubs shall be counted as the equivalent of one tree. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. No specific width of landscaped downtown. The downtown area is bounded by 5th Avenue, and Carlsbad. edge shall be required for developments in the East 86th Street North, the Owasso Expressway, Landscaping as a buffer between landscaping -required developments and existing single-family developments: For all new commercial, industrial, office and multi -family developments, a landscaped buffer shall be provided adjacent to all existing single-family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. Z �= v A landscape plan is required for the arterial entrance(s) to a single-family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection. for a dwelling unit within the subdivision. A homeowners association shall be required to provide perpetual maintenance of the landscaped area. The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees --- Replacement trees will be required when any tree that was shown on a landscape plan is removed or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. G. — Landscape Plan Landscape plans shall be reviewed and approved by the Planning Commission as a part of the site plan review of all proposed developments. Upon completing their review, the Planning Commission shall: I Approve the landscape plan as complying with the requirements of this ordinance, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of this ordinance, or 3. Reject the landscape plan as failing to comply with the requirements of this ordinance. The required landscape plan shall contain the following: I. The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility casements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. Approved this 3d day of January 2006. City of Owasso, Oklahoma City Clerk CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average 1�7ri9 Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS MULTI -FAMILY RESIDENTIAL LANDSCAPE REQUIREMENTS Landscaping along street right-of-way Trees and spacing 1 per 50 linear fee: No stated requirement 1 per 30 linear feet 1 per 12.S linear feet 1 per 40 linear feet 1 per 40 linear feet 1 per 35 linear feet 1 per 35 linear feet 1 per 500 square feet 1 per 35 linear feet # of trees per dwelling two No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Shrubs and spac M 1 per 5 linear feet No stated requirement 1 per 12.5 linear feet 1 per 4 linear feet 1 per 10 linear feet 1 per 10 linear feet No stated requirement No stated requirement i per 50 square feet 1 per 8 linear feet V1licith of required landscaped edge 35 feet No stated requirement Ten feet 15 feet Five feet No stated requirement Five feet Ten feet No stated requirement Parking lot and other landscaping requirements Entrance requirements 180 sq. ft, of landscaping No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Most cities don't regulate Most cities don't regulate 13 feet # of parking s paces ker tree 10 No stated requirement No stated requirement 8 No stated requirement No stated requirement 12 12 20 12 spaces per tree SINGLE-FAMILY SUBDIVISION LANDSCAPE REQUIREMENTS Landscaping along street right-of-way Trees ands ap cino i per 50 linear feet No stated requirement No stated requirement No stated requirement No stated requirement 1 per 75 linear feet No stated requirement No stated requirement No stated requirement Average Most cities cloni regulate % of streetvard to he landscaped No stated requirement No stated requirement 15% No stated requirement No stated requirement No stated requirement 15% 15% 6% Most cities don't regulate Q ESTIO-N THE OF ISSUES Landscaping Ordinance Steering Committee 1. Should the City of Owasso require a landscaped edge alontr the street perimeter of non-residential developments? Yes: 8 iti o 0 ?. Should the City of Owasso set a required number of trees and shrubs per foot along the street perimeter of non-residential developments? Yes: 5 No: 2 J. Should the City of Owasso set a maximum distance that each parkin] space in a non-residential development may be from a tree? Yes: I No0 7 4. Should the City of Owasso set a minimum size for landscape islands within a non-residential parking lot? Yes: 4 No: 4 S. Should the City of Owasso set a maximum number of parking, spaces per, tree within a nonresidential parking lot? Yes- 4 No: 4 b. Should the City of Owasso require a landscaped edge along the street perimeter of multi -family developments? Yes: 8 Noe 0 7. Should the City of Owasso spat a required number of trees and shrubs per foot along the street perimeter of multi -family developments' Yes. 6 No: 2 Shoz,,ld the City of Owasso require a landscaped edge along an arterial perimeter of single-family developments? Vasa 3 No: 5 c. Should the City of Owasso offer relaxed standards for developments that incorporate the preservation of existing trees into their plarlsn Yes: 8 No: 0 10. Should the City of 0`vasso require a landscape plan to be submitted with all non-residential site plans and with all residential preliminary plats` Yes: 8 No— 0 11. Should the City of Owasso provide a list of approved trees or disallowed trees? Approved: 1 Disallowed: :5 Both: 2 Neither: 0 12. Should the City of Owasso regulate minimum tree sizes. for landscaped areas'? Peso 8 . No. 0 13. Should the City of Otivasso provide landscaping exemptions for developments along Main St-rcet between 76`" Street and 80"1' Street? Yes. 3 IN0. i Other, 4 14- Should the City of O vvass® require landscaping buyers between non-- residential developments and existing residential areas Yes: Ni oa 0 City of Owasso ' 4����SY OF 01yAS� O uF'fME Sru" , Proposed Landscape Ordinance Existing Regulations • The Site Plan shall contain proposed location and development of buffer. areas, screening. and landscaping (zoning section 660.3.e). Process Used. to Develop - Ordinance 1. The committee's charge = landscaping standards for the City of Owasso Process Used to Develop Ordinance 2. Examine and discuss apparent examples of appropriate or inadequate landscaping that already exists in' Owasso Process Used to Develop Ordinance 3. Examine Existing Landscaping Ordinances from other cities Examine Other Cities' Ordinances . R Prepare spreadsheet that standards -from 9 other cities ae » \ 17 / \ � Process Used to Develop Ordinance 5. List and discuss the whole range of issues related to landscaping, in preparation for drafting proposed regulations. Potential Landscaping Issues • Commercial .street edge • Trees and spacing • Parking lots Residential entrances/perimeters • Buffers between commercial and residential developments • Building/structural.landscaping Process Used to Develop . . .Ordinance 6. Graft and revise proposed ordinance Purpose of the Ordinance • To promote the beautification of the City of Owasso • To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties Purpose of the Ordinance . • To safeguard and enhance property values and to protect public and private investment • To provide an ordinance that is reasonable, enforceable, and easily understood Types of Developments - Affected by Regulations . - Commercial, Industrial, Office,_ and Multi -family developments would- be affected by the proposed regulations Landscaping of Street Edge • Along the street right-of- way, the landscaped edge must be at least 10' deep. Landscaping of Street Edge One tree. per 50 linear feet (may be separate or grouped) Four shrubs count as one tree Landscaping ofBuffer Adjacent to Single-family The Landscaped buffer must* be least 20' deep v •One. tree per 30 linear feet .(may be grouped or .separate) Four shrubs =-one tree Downtown Standards • No landscaped edge required • One tree per 50 linear feet (may be grouped or separate) • Four shrubs one tree Tree Preservation Credits • One mature preserved tree - in the landscaped area. equals two new required trees Landscepe-'Plan . Replacement of Trees Replacement of a tree is required when .a tree shown on a landscape plan dies or is removed Care of Trees an Public Land • The. City shall have the right to prune and remove trees within the right=of--way Variances and Appeals • The Board of Adjustment shall be able to consider in TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM:': J 1 N CITY MANAGE1 SUBJECT- SILVER CREEK DRAINAGE IMPROVEMENTS DEVELOPMENT AGREEMENT DATE: December 29, 2005 BACKGROUND: In an effort to expedite the resolution of drainage issues impacting the "Silver Creek" development area, City Council approved a Development Agreement (see Attachment A) between the City of Owasso and Tracy Construction Incorporated (developer) for the construction of a detention facility and drainage system to eliminate areas currently identified as susceptible to flooding. The Azeement set compensation at �600�000 for the purchase of pr®party and "on -site" facilities. On December 6, 2005, Tracy Construction Incorporated submitted a written request for an additional $200,000 ($800,000 total) as compensation to furbish the land and construct drainage facilities. The developer claimed higher -than -anticipated construction costs and land area as reason for the request. As noted in the December 2, 2005 memorandum to Council (see Attachment B), all bids received for the construction of improvements set the City's Responsibility (or share of costs) at more than $600,000. Subsequent efforts to reach an agreement with Tracy Construction failed and on December 20, 2005 the City Council voted to authorize the City Manager and General Counsel to initiate condemnation proceedings against the property. Such action has beea,..filcd with the District Court and efforts to expedite the process are underway. On Thursday, December 22, 2005, I met with Mr. Dart James, an attorney/developer, whose primary business address is in Tulsa, Oklahoma. Mr. James indicated to me that he was in a position to purchase the undeveloped land in the Silver Creek area and wanted to develop the property as a residential subdivision. He further indicated that he was .familiar with the development agreement with Tracey Construction and inquired as to whether or not the City would be willing to offer the same agreement to his development company if the purchase of the Silver Creek Drainage Improvements Development Agreement Page 2 of 3 land could be accomplished. In response, I requested that he meet with Ana Stagg and review the development concept and requirements prior to any further discussions. Mr. James did, in fact, meet with Ms. Stagg and followed that meeting with additional meetings with the project engineer (Brian Kellogg) and project surveyor (Landmark Survey). Based on those meetings, Mr. James has notified me of his desire to pursue the project under the same development agreement as offered to Tracey Construction. Following my meeting and follow-up telephone call with Mr. James, I checked references (personal and financial) he had provided and visited two developments with which he was associated as the developer or partner (Tallgrass and Forrest Ridge). Both the references and the visits resulted in information I believe to be helpful in making a decision relative to his request. Based on my visits with Mr. James, reference calls to mutual business acquaintances, and site visits, it is my opinion that Mr. James will be a conscientious and quality partner in this project and will provide a quality product without a constant changing of direction and request for additional funding. I believe he has a good understanding of the development agreement and the development concept and that he understands the strengths and risks of the agreement. QUES I This request is for City Council approval of a development agreement between the City of Owasso and JKJ Owasso Development, LLC for the construction of drainage improvements to the Silver Creek area drainage system in the amount of $600,000 and authorizing the City Manager to execute such Agreement FUNDING: Funding for this project was budgeted from two funds, $400,000 from the Storm Water Capital Outlay Fund and $750,000 from the Capital Improvements Fund. It should be noted that bids for the "off -site" improvements are currently under review and will be discussed at the next "work session" of the City Council, NOTE. I. The proposed agreement is (with one exception) the same as that approved on December 6, 2005 by the City Council and contains the same wording. The exception being one that allows Mr. James to receive a "letter of donation" from the City for a portion of the land used for the detention facility. The City Attorney has reviewed the Agreement to ensure its compliance with the previously agreed to Agreement with Tracy. 2. It is anticipated that JKJ Owasso Development, LLC will close on the property Tuesday, January 3, 2006 prior to the City Council meeting. Silver Creek Drainage Improvements Development Agreement Page 3 of 3 RECOMMENDATION: The Staff recommends City Council approval of the proposed Development Agreement with JKJ Owasso Development, LLC in the amount of $600,000 and authorization for the City Manager to execute such agreement. ATTACHMENTS 1. Proposed Development Agreement with JKJ Owasso Development, LLC 2. Previously Proposed Development Agreement with Tracy Construction Incorporated 3. Memorandum from Ana Stagg Dated December 2, 2005 recommending the initial Agreement. This Development Agreement ("Agreement") is made and entered into effective as of January 2006 by and between the CITY OF OWASSO ("City") and JKJ OWASSO DEVELOPMENT, LLC, an Oklahoma Corporation ("JKJ") A. JKJ owns property consisting of approximately 49 acres located generally north and west of the intersection of North 1451h East Avenue and East 861h Street North, which property is more fully described and depleted on Exhibit A attached hereto. Bo The City desires to construct certain improvements to its drainage and storm water facilities and to construct additional detention facilities for storm water on the property described in Recital A (above). Ca JKJ agrees to donate to the City of Owasso the required 6.27 acres, more or less, of property needed to accommodate the planned detention facility and drainage channels. The City will provide JKJ with a letter, in the format prescribed by the Internal Revenue Service which receives and accepts the donation at its appraised value. The appraisal will be made by a professional appraiser at JKJ's expense. In addition, JKJ will construct the on -site improvements for such as shown on the attached plans and specifications on. Exhibit E, which are designed or approved by the City's engineers, such construction to be completed in a timely manner consistent with accepted standards. The City has approved the design of the additional detention facilities for storm water for the property and its effect on the adjoining property, and is satisfied that such design solves the storm water issues in the area. D. The City acknowledges that JKJ has bid the contract for such improvements in strict compliance with all statutory and charter bidding requirements. E. The City agrees to pay JKJ the amount of $600,000 for the construction of the aforementioned improvements as compensation, such payment to be made based on documented progress of project completed on a monthly basis and on a schedule of values mutually approved and attached hereto as Exhibit C. Additionally, a ten (10) percent retainage shall be held by the City as surety for completion of the project as designed. Upon full and final payment of the construction, JKJ will deed the detention facility, channel and improvements to the City of Owasso based upon a legal description provided by Kellogg Engineering, Inc. After final payment, City may attach and connect off -site storm sewer lines. F. JKJ shall require performance and maintenance bonds from contractors and subcontractors, provided however, no bonding requirements are attached to the earthwork associated with the excavating and/or grading portion of the project. G. This agreement is subject to a construction permit issuance by the Department of Environmental Quality (DEQ). Ho It is understood and agreed that this agreement will not be in effect until the plans and specifications for Camelot Estates addition on the subject forty-nine (49) acres are approved by the City's Engineering Department. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the day of January, 2006. CU1j T99 JKJ Owasso Development, LLC Bart C. James, Manager "CITY" CITY of Owasso, Oklahoma By: Attest: Sherry Bishop, City Clerk Rodney J Ray, City Manager U A tract of land in the Southeast Quarter of the Northeast Quarter (SE/4 NE/4) and the East Half of the Southeast Quarter (E/2 SE/4) of Section Twenty-one (21), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian (L B. & M.), Tulsa County, State of Oklahoma, being more particularly described as follows: COMMENCING at the. SE corner of Sec.21, T-21-N, R-14-E, I.B.&M- Thence N 89'46'48" W along the South line of said See. 21 a distance Of 559.00 feet; Thence N 00'00'00" E a distance of 60.00 feet to the SE corner of Lot 5 of Block I of "THE BRADFORDS OF SILVER CREEK" Addition; Thence along the boundary of said "THE BRADFORDS OF SILVER CREEK", until otherwise noted, N 23'23'27" W a distance of 181.34 feet; Thence N 11'53'0 1 " E a distance of 188.31 feet, Thence N 84'29'05" E a distance 65.79 feet; Thence N 00'00'12" W a distance 37.84 feet; Thence N 29'33'24" W a distance of 117.76 feet; Thence N 40'3658" W a distance of 52.10 feet; Thence N 02'10'09" W a distance of 400.01 feet; Thence N 04'26'38" W a distance of 272.36 feet to the Point of Beginning; Thence.' N 54'57;, 11 " -W a distance of 179.34 feet; Thence S 75'15'08" W a distance of 232.11 feet to the SE corner of Lot I of Block I of "THE WILLOWS OF SILVER CREEK" Addition; Thence leaving said boundary of "THE BRADFORDS OF SILVER CREEK" and along the boundary of said "THE WILLOWS OF SILVER CREEK" until otherwise noted, N 11'22'10" W a distance of 647.69 feet; Thence N 66'39'12" E a distance of 80-00 feet; Thence N 11'39'12" E a distance of 100.00 feet; Thence N 36'39'12" E a distance of 125.00 feet; Thence S 81'20'48" E a distance of 150.00 feet, Thence N 51'39'12" E a distance of 190.00 feet, Thence N 33042'55" W a distance of 342.61 feet: Thence N 3 0'3 3'4 8 " W a distance of 8 1. 01 feet, Thence N 61'16'06" W a distance of 85.55 feet: Thence N 35'45'33" W a distance of 66.76 feet, Thence N 3 6'J 5'05" W a distance of 65.19 feet; Thence N 34'15'05" W a distance of 50.54 feet: Thence N 90100'0011 W a distance of 223.70 feet to a point on the West boundary of the SW/4 of SE/4 of NE/4 of said Sec, 21; Thence leaving said boundary of "THE WMLOWS OF SILVE CREEK" N 00'03'20" E a distance of 490.91 feet to the NW corner of said SW/4 of SE/4 of NE/4; Thence S 89'5754" E a distance of 662.40 Feet to SW corner of NE/4 of SE/4 of NE/4 of said Sec, 21; Thence N 00003'05" E a distance of 661.24 feet to the NW corner of said NE/4 of SE/4 of NE/4- ' Thence S 89'59'5 1 " E a distance of 662.35 feet to the NE corner of said NE/4 of SE/4 of NE/4, Thence S 00002'50" W a distance of 1323.35 feet to the SE corner of the NE/4 of said Sec.21, Thence S 00"00'2 1 " W a distance 330.90 feet to the SE corner of the NE/4 of NE/4 of NE/4 of SE/4 of Sec. 21; Thence N 89054'28" Walong the South boundary of said NE/4 of NE/4 of NE/4 of SE/4 a distance of 343.76 feet, Thence S 00'00'47" W a distance of 661.74 feet to the boundary of "THE VILLAGE OF SILVER CREEK" Addition, Thence along said boundary of "THE VILLAGE OF SILVER CREEK," until otherwise noted, N 89052'52" W a distance of 135.95 feet; Thence S 45'00'00" W a distance of 189.96 feet, Thence S 09'17'25" W a distance of 254.14 feet to the Point of Beginning, and containing 49.01 acres, more or less. �ity Owasso 111 North Main PO Box 180 Owasso, OK 74055 January 3, 2006 JKJ Owasso Development, LLC Bart C. James, Manager 7910 S. 101st East Avenue Tulsa, Oklahoma 74133 RE: Development Agreement with JIU Owasso Development LLC Dear Mr. James, (918) 376-1500 FAX (918) 376-1599 www.cityofowasso.com The purpose of this correspondence is to address issues relating to Camelot Estates (previously referred to as Nottingham Lakes on the Preliminary Plat). As additional consideration for the Development Agreement between the City of Owasso and JKJ Owasso Development, LLC, the City agrees to approve a "five and five" foot side yard set back for all lots in the proposed Camelot Estates. Sincerely, Rodney J. Ray City Manager ty f Ci Owasso 111 yy North PO Box i Owasso, OK 74055 January 3, 2006 JKJ Owasso Development, LLC Bart C. James, Manager 7910 S. 101 st East Avenue Tulsa, Oklahoma 74133 RE: CITY FEES ON CAMELOT ESTATES (PREVIOUSLY REFFERED TO AS NOTTINGHAM LAKES) _ Dear Mr. James, As an additional consideration for the "Development Agreement" between the City of Owasso and JKJ Owasso Development, LLC, the City of Owasso agrees to waive all fees with regard to the forty-nine (49) acres as described in the "Development Agreement" including, but not limited to: Main Line Water Tap Fees Main Line Sewer Tap Fees Watershed Permit Fees Final Plat Fees Inspection Fees Sincerely, Rodney J. Ray City Manager City f Owasso .L 111 North (Main PO Box 180 Owasso, OK 74055 January 3, 2006 JKJ Owasso Development, LLC Bart C. James, Manager 7910 S. 101" East Avenue Tulsa, Oklahoma 74133 (918) 376-1500 FAX (918) 376-1599 www.cityofowasso.com RE: City Fees on Camelot Estates (previously referred to as Nottingham Lake Attention: Bart C. James As an additional consideration for the 66Development Agreement" between the City of Owasso and JKJ Owasso Development, LLC, the City of Owasso agrees to release for construction the fifteen (15) lots in the Village of Silver Creek immediately upon execution of this contract. The legal descriptions are as follows: Lot Eleven (11), Twelve (12), Thirteen (13), and Fifteen (15) all in Block Once, The Village at Silver Creek. And Lot Once (1) thru Eleven (11), Block Two, The Village at Silver Creek. Sincerely, Rodney J. Ray City Manager CI*Y of Owasso 111 North Main PO Box 180 Owasso, OK 74055 January 3, 2006 JKJ Owasso Development, LLC Bart C. James, Manager 7910 S. 101" East Avenue Tulsa, Oklahoma 74133 (918) 376-1500 FAX (918) 376-1599 www.cityofOwasso. Corn RE: City Fees on Camelot Estates (previously referred to as Nottingham Lakes) Attention: Bart C. James As an additional consideration for the "Development Agreement" between the City of Owasso and JKJ Owasso Development, LLC, the City of Owasso agrees to release the Elm Creek Sewer fee with regard to the 49 acres described in the development agreement. Sincerely, Rodney J. Ray City Manager Owasso will pay JKJ Owasso Development, LLC monthly, ninety percent (90%) of the amount invoiced to JKJ by the Contractor. Said invoice to be approved and certified by Kellogg Engineering, Incorporated prior to submission to the City of Owasso. The invoice will be submitted on or before the I" of the month to be paid to JKJ on the 20th of each month. The balance of the contract shall be paid upon the transfer of deed for the property. This Development Agreement ("Agreement") is made and entered into effective as of December , 2005 by and between the CITY OF OWASSO ("City") and TRACY CONSTRUCTION, INCORPORATED, an Oklahoma Corporation ("Tracy„) RE' CITALS A. Tracy owns property consisting of approximately 49 acres located generally north and west of the intersection of North 145t East Avenue and East 86th Street North, which property is more fully described and depicted on Exhibit A attached hereto. B. The City desires to construct certain improvements to its drainage and storm water facilities and to construct additional detention facilities for storm water on the property described in Recital A (above). C. Tracy agrees to donate to the City of Owasso the required 6.27 acres, more or less, of property needed to accommodate the planned detention facility and drainage channels. The City will provide Tracy with a letter, in the format prescribed by the Internal Revenue Service which receives and accepts the donation at its appraised vale. The appraisal will be made by a professional appraiser at Tracy's expense. In addition, Tracy will construct the on -site improvements for such as shown on the attached plans and specifications on Exhibit E, which are designed or approved by the City's engineers, such construction to be completed in a timely manncr consistent with accepted standards. The City has approved the design of the additional detention facilities for storm water for the property and its effect on the adjoining property, and is satisfied that such design solves the storm water issues in the area. Do The City acknowledges that Tracy has bid the contract for such improvements in strict compliance with all statutory and charter bidding requirements. K The City agrees to pay Tracy the amount of $600,000 for the construction of the aforementioned improvements as compensation, such payment to be made based on documented progress of project completed on a monthly basis and on a schedule of values mutually approved and attached hereto as Exhibit C. Additionally, a ten (10) percent retainage shall be held by the City as surety for completion of the project as designed. Upon full and final payment of the construction, "Tracy will decd the detention facility, channel and improvements to the City of Owasso based upon a legal description provided by Kellogg Engineering, Inc. After final payment, City may attach and connect off -site storm sewer lines. F. Tracy shall require performance and maintenance bonds from contractors and subcontractors, provided however, no bonding requirements are attached to the earthwork associated with the excavating and/or grading portion of the project. G. This agreement is subject to a construction permit issuance by the Department of Environmental Quality (DEQ). H. It is understood and agreed that this agreement will not be in effect until the plans and specifications for Camelot Estates addition on the subject forty-nine (49) acres are approved by the City's Engineering Department. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the day of December, 2005. 66Tn ij CY99 Tracy Construction, Incorporated "CITY" CITY of Owasso, Oklahoma By: Attest: Sherry Bishop, City Clerk Rodney J Ray, City Manager A tract of land in the Southeast Quarter of the Northeast Quarter (SE/4 NE/4) and the East Half of the Southeast Quarter (E/2 SE/4) of Section Twenty-one (21), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian (I. B. & M.), Tulsa County, State of Oklahoma, being more particularly described as follows: COMMENCING at the. SE comer of Sec.2 1, T-2 I -N, R- 14-E, I.B. &M; Thence N 89'46'48" W along the South line of said Sec. 21 a distance of 559.00 feet; Thence N 00'00'00" E a distance of 60.00 feet to the SE corner of Lot 5 of Block I of "TEE BRADFORDS OF SILVER CREEK" Addition; Thence along the boundary of said "THE BRADFORDS OF SILVER CREEK", until otherwise noted, N 23'23'27" W a distance of 181.34 feet; Thence N 11'53'01" E a distance of 188.31 feet; Thence N 84'29'05" E a distance 65.79 feet; Thence N 00'00'12" W a distance 37.84 feet; Thence.N 29'33'24" W a distance of 117.76 feet; Thence N 40'36'58" W a distance of 52.10 feet; Thence N 02'10'09" W a distance of 400.01 feet; Thence N 04'26'3 8" W a distance of 272.36 feet to the Point of Beginning; Thence N 54'57;* 11 " W a distance of 179.34 feet; Thence S 75115'08" W a distance of 232.11 feet to the SE comer of Lot I of Block I of "THE WILLOWS OF SILVER CREEK" Addition; Thence ]caving said boundary of "THE BRADFORDS OF SILVER CREEK" and along the boundary of said "TBE WILLOWS OF SILVER CREEK" until otherwise noted, N 11 '22' 10" W a distance of 647.69 feet; Thence N 66'39'12" E a distance of 80.00 feet; Thence N 11'39'12" E a distance of 100.00 feet; Thence N 36'39'12" E a distance of 125.00 feet' Thence S 8 1'20'48" E a distance of 150.00 feet; Thence N 51 '3 9'12" E a distance of 190.00 feet; Thence N 33'42'55" W a distance of 342.61 feet, Thence N 30'33'48" W a distance of 81.01 feet, Thence N 61'16'06" W a distance of 85.55 feet, Thence N 35'45'33" W a distance of 66.76 feet, Thence N 3 6' 15'05" W a distance of 65.19 feet; Thence N 34'15'05" W a distance of 50.54 feet, Thence N 90100'0011 W a distance of 223.70 feet to a point on the West boundary of the S W/4 of SE/4 of NE/4 of said See. 21; ThCDCO leaving said boundary of "T BE WILLOWS OF SPL�,T CREEK" N 00003 `20" E a distance of 490.91 feet to the NW corner of said SW/4 ofSE/4 of NE/4; Thence S 89'57'54" E a distance of 662.40 Feet to SW corner of NE/4 of SE/4 of NE/4 of said See, 21; Thence N 00003'05" E a distance of 661.24 feet to the NW corner of said NEM of SE/4 ofNE/4- ' Thence S 89059'51" E a distance or662.35 feet to the NE corner of said NEM of SE/4 of NE/4; Thence S 00002'50" W a distance of 1323.35 feet to the SE corner of the NE/4 of said Sec.21; Thence S 00000'2 1 " W a distance 330.90 feet to the SE corner of the NE/4 of NEM of NE/4 of SE/4 of Sec. 21; Thence N 89054'28" W along the South boundary of said NE/4 of NE/4 of NE/4 of SE/4 a distance of 343.76 feet; Thence S 00'00'47" W a distance of 661.74 feet to the boundary of "THE VILLAGE OF SILVER CREEK" Addition; Thence along said boundary of "THE VILLAGE OF SILVER CREEK," until otherwise noted, N 89'5252" W a distance of 135.95 feet; Thence S 45'00'00" W a distance of 189.96 feet; Thence S 09'17'25" W a distance of 254.14 feet to the Point of Beginning, and containing 49.01 acres, more or less. pp_� E II��� North111 .O Box 180 Owasso,i Tracy Construction, Inc. 2703 South 80'h E. Avenue Tulsa, OIL 74129 RE: City Fees on Camelot Estates (previously referred to as Nottingham Lakes) Attention: John L. Tracy As an additional consideration for the "Development Agreement" between the City of Owasso and Tracy Construction, Inc., the City of Owasso agrees to waive all fees with regard to the forty-nine (49) acres as described in the "Development Agreement" including, but not limited to: Main Line Water Tap Fees Main Line Sewer Tap Fees Watershed permit Fees Final Plat Fees Inspection Fees Sincerely, Rodney J. Ray City Manager ��tyo f� Owasso North111 POBox 180 *wasso, OK 74055 Tracy Construction, Inc. 2703 South 801h E. Avenue Tulsa, OK 74129 RE: Camelot Estates (previously referred to as Nottingham Lakes) Attention: John L. Tracy r 8• i 1 FAX . ; 9. As an additional consideration for the "Development Agreement" between the City of Owasso and Tracy Construction, Inc., the City of Owasso agrees to release for construction the fifteen (15) lots in the Village of Silver Creek immediately upon execution of this contract. The legal descriptions are as follows: Lot Eleven (11), Twelve (12), Thirtecn (13) and Fifteen (15) all in Block One, The Village at Silver Creek. Lot One (1.) thru Eleven (11), Block Two, The Village at Silver Creek, Sincerely, Rodney J. Ray City Manager 111 North Main PO Box 180 *wasso, OK 7405% Tracy Construction, Inc. 2703 South 80'h E. Avenue Tulsa, OK 74129 (918) 376-1500 FAX (918) 376-1599 RE: City Fees on Camelot Estates (previously referred to as Nottingham Lakes) Attention: John L. Tracy As an additional consideration for the "Development Agreement" between the City of Owasso and Tracy Construction, Inc., the City of Owasso agrees to release the Elm Creek Sewer fee with regard to the 49 acres described in the development agreement. Sincerely, Rodney J. Ray City Manager -G*�Y of Owasso I 11 ftorth r1jain .rj Box 180 Owasso, OK 74055 December 20, 2005 Tracy Construction, Incorporated John L. Tracy, President 2703 S. 80"' East Avenue Tulsa, Oklahoma 74129 RE Development Agreement with Tracy Construction, Incorporated Dear Mr. Tracy, 6" if FAX i18 st r "` r r r The purpose of this correspondence is to address issues relating to Camelot Estates (previously referred to as Nottingham Lakes on the Preliminary Plat). As additional consideration for the Development Agreement between the City of Owasso and Tracy Construction, Incorporated, the City agrees to approve a "five and five" foot side yard set back for all lots in the proposed Camelot Estates. Sincerely, Rodney J. Ray City Manager CITY OF OWASSO q CITY OF CHARACTER December 20, 2005 Tracy Construction, Inc. 2703 South 80th East Avenue Tulsa, Oklahoma 74129 Re: Development Agreement with Tracy Construction, Inc. Attention John L. Tracy, President Pursuant to action taken by the Owasso City Council at their December 6, 2005 meeting, Rodney J. Ray has full authority as the City Manager to sign the Development Agreement with Tracy Construction, Inc., on behalf of the City of Owasso. City o Owasso By: f� � Julie Trout Lombardi, City Attorney CITY OF OWASSO I I I N. Main N PO Box 180 N Owasso, Oklahoma 74055 N 918.376.1500 19 Fax 918.376.1599 www.cityofowasso.com J' , Owasso will pay Tracy monthly, ninety percent (90%) of the amount invoiced to Tracy by the Contractor. Said invoice to be approved and certified by Kellogg Engineering, Inc. prior to submission to the City of Owasso. The invoice will be submitted on or before the 1st of the month to be paid to Tracy on the 20t" of each month. The balance of the contract shall be paid upon the transfer of deed for the property. TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITE' OF OWASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRE CTOR SUBJECT: DEVELOPMENT AGREEMENT DATE: December 2, 2005 BACKGROUND In an effort to resolve drainage issues impacting the "Silver Creek99 development area, in June 2005 the City Council approved a Conceptual Development Agreement between the City of Owasso and Tracy Construction Inc. (developer) for the construction of a detention facility and drainage system to eliminate areas currently identified as susceptible to flooding. Under the provisions of the Agreement, the developer would be responsible for engineering design and construction of storrnwater structures and facilities identified as "on-site99, or located within the property limits of the newly proposed residential development. These facilities would include the excavation and grading of a sufficiently large detention pond, pond outlet structure and associated piping, as well as a structure to convey the previously undetained flow from the Nottingham subdivision, to address existing and future drainage needs of the entire Silver Creek development area. The intent of the Conceptual Development Agreement was to define the level of participation of the two parties and act as a contract until a final development agreement could be approved. A final agrecment could not be executed. until final design and public bidding of the project was completed.. SOLICITATION OF ITS. Final design drawings were submitted to the City of Owasso for approval in October 2005. Notice to Bidders was published in the Owasso Reporter on October 18, 2005. Addendum No. 1 to this bid package, based on City review and comments, was issued on November 7, 2005. Silver Creek Drainage Improvements Development Agreement Page 2 of 3 Five bids were received and opened at 2:00 PM CDT on November 10, 2005 as summarized below: Yocham Enterprises Cherokee Construction Ira Green Construction W.N. Couch, Inc. All Items City's Responsibility $ 771,980.00 $ 656,605.00 $ 788,564.00 $ 684,439.00 $ 1.,017,740.00 $ 863,365.00 $ 1,173,169.00 $ 990,657.00 Engineer's Estimate $ 590,000.00 It is worth noting that per the Conceptual Agreement, the City's responsibility is limited to $600,000 for the construction of all on -site improvements and property as compensation. Sums noted under the "City's Responsibility" represent costs provided for the construction of facilities and acquisition of property identified as necessary to rernediate deficiencies in the existing drainage system owned by the City of Owasso. In other words, in the absence of the Conceptual Agreement, the City's financial obligation to Tracy Construction, Inc. for any of the bids submitted would have been greater than the previously agreed to sum of $600,000. DEVELOPMENT AGRE EMENT Similar to the previously executed conceptual agreement, the recommended Development Agreement (see Attachment B) sets compensation at $600,000 for the purchase of property and "on -site" facilitates. Additional provisions of the Agreement include: Compliance with all statutory and charter bidding requirements; Submittal of progress payment requests based on a schedule of value mutually approved; — Purchase of materials by the City to be used for "remediation" purposes in the project; Acceptance of a "five and five" foot side yard for new development. The City Attorney has reviewed this Agreement and found it acceptable. FUNDING. Funding for this project in the amount of $400,000 is included in the FY 2005-2006 Stormwater Division Capital Outlay Budget (line item 01-370-54230) and in the amount of $750,000 in the Capital Improvements Fund. Silver Creek Drainage Improvements Development Agreement Page 3 of 3 RECOMMENDATION: Staff recommends Council approval of the Development Agreement with Tracy Construction, Inc. in the amount of $600,000 and authorization of the City Manager to execute such Agreement. ATTACHMENTS: A. Development Agreement This Development Agreement ("Agreement") is made and entered into effective as of December 6, 2005 by and between the CITY OF OWASSO ("City") and TRACY CONSTRUCTION, INCORPORATED, an Oklahoma Corporation ("Tracy") I.4pmYf1I_\IGy A. Tracy owns property consisting of approximately 48 acres located generally north and west of the intersection of North 145t1i East Avenue and East 86th Street North. B. The City desires to construct certain improvements to its drainage and stormwater facilities and to construct additional detention facilities for stormwater on the property described in Recital A (above). Ca Tracy agrees to provide the property needed to accommodate the planned detention facility, construct the on -site improvements for such. as designed by Kellogg Engineering, Inc. (Exhibit A) and approved by the City` s engineer, such construction completed in a timely manner consistent with accepted standards. a Tracy agrees to award a contract for such improvements in strict compliance with all statutory and charter bidding requirements and provide review of such compliance to City officials as designated by the City Manager. a City agrees to pay Tracy the amount of $600,000 for the construction of such improvements and property as compensation. Such payment to be made based on documented progress of project completed on a monthly basis and on a schedule of values mutually approved. Additionally, a ten (10) percent retainage shall be held by the City as surety for completion of the project as designed. Fe The City staff will recommend to the appropriate Boards and Commissions, as well as the City Council, the acceptance of a "five and five" foot side yard for all lots in the proposed Silver Creek VI subdivision. Go The City agrees to purchase all materials used for "remediation" purposes in the project. .The cost of such purchases shall be calculated and DEDUCTED from the hump slum amount shown in Recital E (above). It is understood that this section of the agreement does not extend to the purchase of any materials to be used for improvements not a part of the identified on -site mediation only projects. H. Tracy shall provide, at Tracy's expense, the required performance and maintenance bonds from its contractors and subcontractors, provided however, no bonding requirements arc attached to the carthwork associated with the excavating and/or grading portion of the project. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the day of December, 2005. "TRACY" Tracy Construction, Incorporated "CITY" CITY of Owasso, Oklahoma M Attest: Sherry Bishop, City Clerk Rodney J Ray, City Manager 2� :��_ :«-r 1.—,�., < 1 ©° \ \ } � }:2 � : ( }: « :� : . :: . : : . : : % d � 1 < «, {� 1 1 : , � .;� �. . .��§. .� :« � � \y\2 y ,._:> > \: . © ` � . � �: }} � <�{ �\{ \ : � [ { / { \ 1 \\�\}\� Z/(\/\�.(��� , January 2006 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OFFICES CLOSED IN OBSERVANCE OF NEW YEAR'S DAY __ Wednesday, January 04'. February 2006 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "a 1 4" NOTI Thank you for you assistance in this matter. Please print your name if you desire to address the Council on an agenda item. sr i -.-ote tfii,,at. ail, I presen'Usdtioi-is a:, a,,; fimiteccl to tfi-ree (3) ir-rl6nutes, -ease,, i 5. N a M IL 12