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HomeMy WebLinkAbout2011.02.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: February 15, 2011 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 at 6:00 p.m. on Friday, February 11, 2011. 94 Sherry Bish City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor James Stotts, Fellowship Tabernacle 3. Flag Salute 4. Roll Call 5. Presentation of Character Certificate to Brad Johnson of Lawn America. Mr. Ray Mr. Ray and Mayor Bonebrake will recognize Brad Johnson and Lawn America for the character trait of Benevolence, for their gracious donation of nearly $2,000 worth of services through their five -step fertilization and weed control program on over two acres of City land. 6. Consideration and appropriate action relating to a request for City Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the February 3, 2011 Special Meeting and the February 8, 2011 Special Meeting. Attachment # 6 -A B. Approval of Claims. Attachment # 6 -B C. Acknowledge receipt of the monthly FY 2010 -1 1 budget status report. Attachment # 6 -C Owasso City Council February 15, 2011 Page 2 7. Consideration and appropriate action relating to items removed from the Consent Agenda. 8. Consideration and appropriate action relating to a request for City Council approval of a budget amendment in the General Fund. Ms. Kirby Attachment # 8 Staff recommends City Council approval of a budget amendment in the General Fund, increasing estimated revenues and increasing the appropriation for expenditures by $2,232.83, for the purpose of purchasing armchairs, tables, and bookcases at the Owasso Community Center. 9. Consideration and appropriate action relating to a request for City Council approval of OPUD 10 -01. Mr. Fritschen Attachment # 9 Staff recommends City Council approval of OPUD 10 -01, approving the Planned Unit Development application for the Reserve at Elm Creek. 10. Consideration and appropriate action relating to a request for City Council approval of the Life Church Final Plat. Mr. Fritschen Attachment # 10 Staff recommends City Council approval of the Life Church Final Plat. 11. Consideration and appropriate action relating to a request for City Council approval of OA 11 -01. Mr. Fritschen Attachment # 1 1 Staff recommends City Council approval of OA 11-01, approving the annexation application for Maple Glen II. 12. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 978, adopting by reference, the Owasso Zoning Code, as a part of Part 12, Chapter 2, Zoning Regulations. Mr. Fritschen Attachment # 12 Staff recommends City Council approval of Ordinance No. 978, amending the Special Exception review process. 13. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 972 nunc pro tunc. Mr. Fritschen Attachment # 13 Staff recommends City Council approval of Ordinance No. 972 nunc pro tunc, correcting the legal description in Ordinance No. 972, passed and approved by the Owasso City Council on October 5, 2010. Owasso City Council February 15, 2011 Page 3 14. Consideration and appropriate action relating to a request for City Council acceptance of the Miscellaneous Vehicle Loop Detection System Improvements and authorization for final payment. Mr. Doyle Attachment # 14 Staff recommends City Council acceptance of the Miscellaneous Vehicle Loop Detection System Improvements and authorization for final payment to Traffic Signals, Inc. in the amount of $1,758.50. 15. Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011 -03, affirming the City of Owasso's commitment to facilitating the receipt and administration of CDBG funds. Mr. Fritschen Attachment # 15 Staff recommends City Council approval of Resolution No. 2011-03. PUBLIC HEARING 16. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input relating to projects to be funded by the Community Development Block Grant. Mr. Fritschen Attachment # 15 A public hearing will be held for the purpose of receiving comments and citizen input regarding a recommendation from City staff to use Community Development Block Grant funds for improvements to the Rayola Park trail, improvements to the Rayola Park drainage channel, and decorative lighting for the Rayola Park trail. 17. Consideration and appropriate action relating to a request for City Council approval of a Contract for Public Improvements for the Community Development Block Grant program, and authorization for the City Manager to execute the contract. Mr. Fritschen Attachment # 15 Staff recommends City Council approval of a Contract for Public Improvements for the Community Development Block Grant program between the City of Owasso and Tulsa County, and authorization for the City Manager to execute the contract. 18. Consideration and appropriate action relating to a request for City Council approval of an agreement between the City of Owasso and Owasso Soccer Club, and authorization for the Mayor to execute the agreement. Mr. Lehr Attachment # 18 Staff recommends City Council approval of an agreement between the City of Owasso and Owasso Soccer Club for the purposes of managing youth soccer activities and facilities, and authorization for the Mayor to execute the agreement. Owasso City Council February 15, 2011 Page 4 19. Consideration and appropriate action relating to a request for City Council approval of an amendment to the Sales Tax Watchdog Policy. Mr. Ray Attachment # 19 Staff recommends City Council approval of an amendment to the Sales Tax Watchdog Policy, changing the meeting attendance requirement to read "any appointee absent more than one -half of all regular meetings in any twenty -four consecutive month period." 20. Report from City Manager. 21. Report from City Attorney. 22. Report from City Councilors. 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 24. Adjournment. OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING THURSDAY, FEBRUARY 3, 2011 The Owasso City Council met in special session on Thursday, February 3, 2011 in the Lower Level Conference Room at City Hall per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 12:00 p.m. on Tuesday, February 1, 2011. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 12:00 p.m. ITEM 2. INVOCATION None. ITEM 3. FLAG SALUTE None. ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Steve Cataudella, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager ABSENT Jon Sinex, Vice Mayor Wayne Guevara, Councilor ITEM 5. PRESENTATION OF THE MAYOR'S PROCLAMATION No presentation made. ITEM 6. PRESENTATION OF CHARACTER TRAIT OF PERSUASIVENESS No presentation made. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the December 21, 2010 Regular Meeting. B. Approval of Claims. C. Acceptance of the Garrett Creek Commercial Phase II sanitary sewer system. D. Acceptance of the Maple Glen streets and storm water drainage system. E. Acceptance of the Burberry Place streets and storm water drainage system. F. Acceptance of the Burberry Place sanitary sewer system. Mr. Cataudella moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims totaling $139,797.69. Also included for review were the healthcare self- insurance claims report and payroll payment report for pay period ending 01 /15/11. YEA: Stovall, Bonebrake, Cataudella NAY: None Motion carried 3 -0. Owasso City Council February 3, 2011 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF AN AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF OWASSO AND HEARTLAND CONSULTING, INCORPORATED. Mr. Ray presented the item, recommending City Council approval of an agreement for consulting services between the City of Owasso and Heartland Consulting, Incorporated through June 30, 2011, and authorization for the City Manager to execute the agreement. Mr. Stovall moved, seconded by Mr. Cataudella, to approve the agreement, as recommended. YEA: Stovall, Bonebrake, Cataudella NAY: None Motion carried 3 -0. ITEM 10. REPORT FROM CITY MANAGER Under the City Manager's Report, the attending Department Directors provided a status update of incidents, responses, and additional action plans related to the extraordinary winter weather event that began Tuesday, February 1 st resulting in an unprecedented 20 + inches of snow in Owasso. ITEM 11. REPORT FROM CITY ATTORNEY No report. ITEM 12. REPORT FROM CITY COUNCILORS No report. ITEM 13. NEW BUSINESS None. ITEM 14. ADJOURNMENT Mr. Stovall moved, seconded by Mr. Cataudella, to adjourn the meeting. YEA: Stovall, Bonebrake, Cataudella NAY: None Motion carried 3 -0 and the meeting was adjourned at 12:57 p.m. 2 Owasso City Council Michele Dempster, Minute Clerk February 3, 2011 Doug Bonebrake, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, February 8, 2011 The Owasso City Council met in a special meeting on Tuesday, February 8, 2011 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, February 4, 2011. ITEM 1: CALL TO ORDER Vice Mayor Sinex called the meeting to order at 6:04 PM. PRESENT ABSENT Doug Bonebrake, Mayor Steve Cataudella, Councilor Jon Sinex, Vice Mayor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. ITEM 2: PRESENTATION BY REGARDING TULSA'S FUTURE II Mr. Ray introduced Justin McLaughlin with the Tulsa Metro Chamber, who provided a presentation on the Chamber's regional economic development initiative, Tulsa's Future II. ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS A. FY 2010 Community Development Block Grant (CDBG) Funds B. Re- hearing of PUD 04 -01 -The Reserve at Elm Creek C. Final Plat - Life Church D. Proposed Annexation - Maple Glen II E. Proposed Amendments to the Board of Adjustment Process Relating to Special Use Permits F. Proposed Ordinance - TTC Zoning Correction G. Traffic Signal Final Payment Mr. Lehr provided information on proposed actions relating to: A.) Community Development Block Grant funds, explaining that a public hearing will be held during the February 15, 2010 City Council meeting to receive citizen input on proposed projects; B.) PUD 04 -01, now known as PUD 10 -01, noting that the Planning Commission approved the request at their February 7, 2011 Regular Meeting; C.) the Life Church final plat, noting that the Planning Commission approved the request at their February 7, 2011 Regular Meeting; D.) annexation request OA 11 -01 for Maple Glen II; noting that the Planning Commission approved the request at their February 7, 2011 Regular Meeting. E.)proposed amendments to the Board of Adjustment Process and special use permits; F.) the correction of Ordinance No. 972, through Ordinance No. 972 nunc pro tunc; and, G.) the acceptance of the Miscellaneous Vehicle Loop Detection System Improvements and authorization for final payment. Mr. Lehr noted that respective items would be placed on the February 15, 2011 Regular City Council Meeting agenda for consideration and appropriate action if no objections were expressed by Council members. Owasso City Council February 8, 2011 ITEM 4: DISCUS: A. B. C. D. E. 3ION RELATING TO CITY MANAGER ITEMS Human Resources Strategic Plan Update on Volunteer Program Sales Tax Watchdog Committee Attendance Policy Request for Qualifications - Soccer User Group City Manager Report 1. Sales Tax Report A.) Ms. Dempster presented the Human Resources Strategic Plan to the City Council. B.) Ms. Willson provided an explanation of a proposed City volunteer program, designed to create a database to match community volunteers with opportunities C.) Mr. Ray presented information relating to a proposed amendment to the Sales Tax Watchdog Committee attendance policy explaining that an item would be placed on the February 15, 2011 City Council agenda for consideration and appropriate action. D.) Mr. Lehr presented the item explaining that three groups or individuals were notified about the city's request for qualifications for the purpose of developing a user agreement for youth soccer. It was further explained that one individual acknowledged the RFQ but declined to participate and qualifications were received from the Owasso Soccer Club. Staff anticipates placing an item on the February 15, 2011 City Council regular meeting for consideration and appropriate action relating to a user agreement for youth soccer. E.) Under the City Manager Report, Mr. Ray provided information on the most recent sales tax receipts and introduced Dan Yancey who presented information on officer -worn portable cameras. ITEM 6: REPORT FROM CITY COUNCILORS City Councilors express sincere appreciation to the City crews for the diligence and dedicated public service during the winter weather events. ITEM 7: ADJOURNMENT Mr. Sinex moved for adjournment, seconded by Mr. Stovall. YEA: Sinex, Bonebrake, Guevara, Stovall NAY: None Motion carried 4 -0. Meeting adjourned at 9:05 PM. Juliann M. Stevens, Deputy City Clerk 2 Doug Bonebrake, Mayor Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amounl GENERAL AEP /PSO STREET LIGHTS 14.61 TREASURER PETTY CASH CC REFUND /LOPEZ 50.00 TREASURER PETTY CASH CC REFUND /EDWARDS 50.00 TREASURER PETTY CASH IOC REFUND /PETERSON 100.00 TOTAL GENERAL 214.61 MUNICIPAL COURT JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 0.65 CHARLES N. ROMANS BAILIFF SERVICES 140.00 FRANK W AMBRUS BAILIFF SERVICES 210.00 TOTAL MUNICIPAL COURT 350.65 MANAGERIAL CITY GARAGE LABOR /OVERHEAD CHGS - JAN 41.67 JPMORGAN CHASE BANK MEETING EXPENSE 104.90 JPMORGAN CHASE BANK MEETING EXPENSE 69.53 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 632.47 FLEETCOR TECHNOLOGIES FUELMAN CHARGES.- JAN, 20 118.64 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.75 JPMORGAN CHASE BANK PIKEPASS -FEES 7.80 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 29.37 JPMORGAN CHASE BANK TRACOM- EMPLOYEE DEVELOPME 476.62 CITY GARAGE CITY GARAGE PARTS - JAN, 44.09 JPMORGAN CHASE BANK FEDEX- COUNCIL PHOTO 4.85 TOTAL MANAGERIAL 1,534.69 FINANCE TREASURER PETTY CASH MILEAGE 1.60 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 23.15 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 1.66 CITY GARAGE LABOR/OVERHEAD CHGS - JAN 41.67 TOTAL FINANCE 68.08 HUMAN RESOURCES JPMORGAN CHASE BANK CHARACTER BULLETINS 422.05 URGENT CARE OF GREEN COUNTRY, P.L.L PRE - EMPLOYMENT DRUG SCREE 100.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREENING 80.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 128.43 JPMORGAN CHASE BANK SIMPLE TRUTHS -BOOKS 22.88 TOTAL HUMAN RESOURCES 753.36 GENERAL GOVERNMENT JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 166.70 HEARTLAND CONSULTING, INC CONSULTING FEES FY11 10,500.00 MCAFEE & TAFT LEGAL FEES 10,372.45 AT &T CONSOLIDATED PHONE BILL 736.98 TULSA COUNTY TREASURER REAL ESTATE TAX 268.00 CINTAS CORPORATION CARPET/ MAT CLEANING 33.69 Page 1 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... INDIAN NATIONS COUNCIL OF GOVERNMEN LEGISLATIVE CONSORTIUM 957.00 GREENWOOD PERFORMANCE SYSTEMS INC CM EVALUATION 250.00 MCAFEE & TAFT LEGAL 4,850.20 MCAFEE & TAFT LEGAL FEES 1,869.00 MAIL FINANCE, INC POSTAGE MACHINE LEASE 557.19 MAILROOM FINANCE INC POSTAGE 1,000.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 TOTAL GENERAL GOVERNMENT 36,500.51 COMMUNITY DEVELOPMENT CITY GARAGE LABOR /OVERHEAD CHGS - JAN 125.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 27.90 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 296.89 INDIAN NATIONS COUNCIL OF GOVERNMEN 3RD QUARTER MEMBERSHIP 4,860.75 TOTAL COMMUNITY DEVELOPMENT 5,310.54 ENGINEERING CITY GARAGE CITY GARAGE PARTS - JAN, 17.16 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 166.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 471.91 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.25 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 TOTAL ENGINEERING 713.39 INFORMATION TECHNOLOGY FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 28.69 JPMORGAN CHASE BANK BEST BUY -TOUCH STYLUS 19.99 JPMORGAN CHASE BANK COX -MO FIBER INTERNET 1,550.00 JPMORGAN CHASE BANK PIKEPASS -FEES 11.05 CITY GARAGE LABOR/OVERHEAD CHGS - JAN 41.67 JPMORGAN CHASE BANK (TUNES- APP /AUDIONOTE 5.98 JPMORGAN CHASE BANK LOGMEIN- ANNUAL SUPPORT 75.00 TOTAL INFORMATION TECHNOLOGY 1,732.38 SUPPORT SERVICES JPMORGAN CHASE BANK LOWES -PARTS 36.10 JPMORGAN CHASE BANK LOWES -LIGHT FIXTURES 113.62 JPMORGAN CHASE BANK LIGHTING -LIGHT BULBS 161.90 JPMORGAN CHASE BANK LIGHTING - BALLASTS 35.90 CITY GARAGE LABOR/OVERHEAD CHGS - JAN 166.67 CITY GARAGE CITY GARAGE PARTS - JAN, 16.84 JPMORGAN CHASE BANK RED BUD AIR - FILTERS 728.44 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.78 JPMORGAN CHASE BANK PIKEPASS -FEES 0.70 AT &T CONSOLIDATED PHONE BILL 57.77 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 334.06 JPMORGAN CHASE BANK LOWES- SLIDERS 4.92 Page 2 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... JPMORGAN CHASE BANK MAC SYSTEMS -FIRE SYSTEM 802.40 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 TOTAL SUPPORT SERVICES 2,506.60 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP ICEMETERY ELECTRIC 31.08 TOTAL CEMETERY 31.08 POLICE SERVICES JPMORGAN CHASE BANK GALLS -PRINT PROCESSING 28.98 JPMORGAN CHASE BANK ADVANCED FILING - LABELS 10.49 JPMORGAN CHASE BANK GALLS - BINOCULARS 98.27 JPMORGAN CHASE BANK OWASSO FITNESS -GYM FEES 165.00 JPMORGAN CHASE BANK OKLA POLICE SUPPLY -BELT 19.95 JPMORGAN CHASE BANK OKLA POLICE SUPPLY - HOLDER 41.95 JPMORGAN CHASE BANK PIKEPASS -PASS FEES 26.80 JPMORGAN CHASE BANK DEPT OF MILITARY - LODGING 360.00 JPMORGAN CHASE BANK PATROL TECH - UNIFORM 719.44 TREASURER PETTY CASH UNIFORM APPAREL 149.98 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 4,666.67 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 87.06 CITY GARAGE CITY GARAGE PARTS - JAN, 5,185.17 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 9,446.88 AT &T CONSOLIDATED PHONE BILL 514.15 JPMORGAN CHASE BANK NWTC WEB REG -TASER INSTR 175.00 JPMORGAN CHASE BANK ARAMARK -2 DUTY JACKETS 419.98 JPMORGAN CHASE BANK JOHN E REID- INTERVIEW 840.00 JPMORGAN CHASE BANK ULINE -GUN BOXES 21.18 JPMORGAN CHASE BANK SIRCHIE- DETECTIVE SUPPLY 67.90 KILO 10, INC AMMO 2,622.00 JPMORGAN CHASE BANK ULTRA MAX -AMMO 2,085.00 JPMORGAN CHASE BANK BOTACH TACTICAL -AMMO 110.29 TOTAL POLICE SERVICES 27,862.14 POLICE -DOJ VEST GRANT JPMORGAN CHASE BANK ARAMARK -VEST CARRIER 60.99 JPMORGAN CHASE BANK ARAMARK -VEST GRANT 349.99 JPMORGAN CHASE BANK ARAMARK -VEST GRANT 349.99 JPMORGAN CHASE BANK ARAMARK -VEST GRANT 349.99 TOTAL POLICE -DOJ VEST GRANT 1,110.96 POLICE COMMUNICATIONS JPMORGAN CHASE BANK WALMART- PRISONER BOARD 78.02 JPMORGAN CHASE BANK SO RUBBER STAMP - NOTARY 60.94 JPMORGAN CHASE BANK WALMART- PRISONER MEALS 56.21 JPMORGAN CHASE BANK METRO APPL - WASHING MACH 399.00 Page 3 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description IPayment Amouni TOTAL POLICE COMMUNICATIONS 594.17 ANIMAL CONTROL JPMORGAN CHASE BANK WALMART -KEYS 5.11 AT &T CONSOLIDATED PHONE BILL 44.81 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 238.40 JPMORGAN CHASE BANK MEDVET- SHELTER SUPPLIES 87.88 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 166.67 TOTAL ANIMAL CONTROL 542.87 FIRE SERVICES CITY GARAGE LABOR /OVERHEAD CHGS - JAN 1,166.67 JPMORGAN CHASE BANK AMAZON - TRAINING MATERIALS 78.92 JPMORGAN CHASE BANK STRATEGIC -RED FLAG 39.00 JPMORGAN CHASE BANK EMERG MED- SAFETY GLASSES 67.50 CITY GARAGE CITY GARAGE PARTS - JAN, 351.94 JPMORGAN CHASE BANK LOWES - BUNGEE CORDS 16.38 JPMORGAN CHASE BANK T &W TIRE -TIRES 2,656.25 JPMORGAN CHASE BANK LOWES -MOUSE TRAPS 2.32 JPMORGAN CHASE BANK TARGET - APPAREL 19.98 JPMORGAN CHASE BANK WALMART- SUPPLIES 183.30 JPMORGAN CHASE BANK OWASSO FITNESS -GYM FEES 495.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 22.39 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 2,051.09 AT &T CONSOLIDATED PHONE BILL 227.03 JPMORGAN CHASE BANK LOWES -PARTS 71.58 JPMORGAN CHASE BANK LOWES -PARTS 15.32 JPMORGAN CHASE BANK PIKEPASS -FEES 3.50 JPMORGAN CHASE BANK BMI- COPIER USAGE 287.99 JPMORGAN CHASE BANK LOWES- BOLTS /NUTS 3.94 JPMORGAN CHASE BANK DELL - PRINTER TRAY 19.99 JPMORGAN CHASE BANK OK POLICE SUPPLY - TROUSERS 186.90 JPMORGAN CHASE BANK BARNES &NOBLE -BOOKS 11.90 JPMORGAN CHASE BANK TRACE ANALYTICS -KITS 310.00 JPMORGAN CHASE BANK BROWN FARMS -SOD 140.00 JPMORGAN CHASE BANK LOWES - BATTERIES 10.41 TOTAL FIRE SERVICES 8,439.30 FIRE - WINTER STORM FEB11 JPMORGAN CHASE BANK REASORS- STORM /FOOD 135.36 JPMORGAN CHASE BANK WALMART -FOOD FOR CREW 64.07 TIMMONS OIL COMPANY FUEL FOR RADIO TOWER GENE 675.15 JPMORGAN CHASE BANK LOWES -ICE MELT 55.38 JPMORGAN CHASE BANK LOWES -TOW STRAPS /HITCH 138.65 JPMORGAN CHASE BANK OREILLY- VEHICLE PARTS 81.17 JPMORGAN CHASE BANK ADVANCE AUTO- SUPPLIES 185.53 JPMORGAN CHASE BANK WALMART -STORM SUPPLIES 131.99 Page 4 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE - WINTER STORM FEB11 JPMORGAN CHASE BANK WALMART -STORM SUPPLIES 188.22 TOTAL FIRE - WINTER STORM FEB11 1,655.52 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 20.40 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 20.40 JPMORGAN CHASE BANK INTERSTATE - BATTERY 17.00 AT &T CONSOLIDATED PHONE BILL 23.69 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 20.40 TOTAL EMERGENCY PREPAREDNESS 101.89 STREETS AEP /PSO STREET LIGHTS 5,301.18 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 1,698.92 BINGHAM SAND & GRAVEL CO., INC SALT REPLACEMENT 3,626.00 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 CITY GARAGE CITY GARAGE PARTS - JAN, 1,900.19 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 35.39 UNIFIRST HOLDINGS LP UNIFORM SERVICES 37.09 JPMORGAN CHASE BANK GELLCO -STEEL TOED BOOTS 125.99 JPMORGAN CHASE BANK MAXWELL- MARKING PAINT 39.58 JPMORGAN CHASE BANK WATER PROD - FITTING 18.79 TOTAL STREETS 15,462.80 GF- STR- WINTER STM FEB11 JPMORGAN CHASE BANK OREILLY -WIPER BLADES 67.28 JPMORGAN CHASE BANK OREILLY -WIPER BLADES 11.63 JPMORGAN CHASE BANK OREILLY -WIPER BLADES 15.18 JPMORGAN CHASE BANK LOWES- CHAINS 249.44 TOTAL GF -STR- WINTER STM FEB11 343.53 STORMWATER JPMORGAN CHASE BANK LOWES -COMBO LOCK 13.96 JPMORGAN CHASE BANK LOWES- MEASURING WHEEL 63.04 JPMORGAN CHASE BANK OREILLY - WASHER FLUID 3.98 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.29 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 1,166.67 CITY GARAGE CITY GARAGE PARTS - JAN, 872.09 EVERETT MACHINE, LLC STORM HOOD REPLACEMENT 210.93 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 873.52 TOTAL STORMWATER 3,294.59 PARKS FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 309.24 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 250.00 Page 5 Claims List 02/15/2011. Budget Unit Title Vendor Name Payable Description Payment Amouni PARKS... CITY GARAGE CITY GARAGE PARTS - JAN, 16.08 AT &T CONSOLIDATED PHONE BILL 181.78 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE AT CENTENNI 137.80 TOTAL PARKS 894.90 COMMUNITY CENTER JPMORGAN CHASE BANK CHARACTER BULLETINS 35.00 AT &T CONSOLIDATED PHONE BILL 128.51 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 41.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 271.64 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 32.00 TOTAL COMMUNITY CENTER 508.82 HISTORICAL MUSEUM AT &T CONSOLIDATED PHONE BILL 23.68 TOTAL HISTORICAL MUSEUM 23.68 ECONOMIC DEV CITY GARAGE LABOR /OVERHEAD CHGS - JAN 41.67 JPMORGAN CHASE BANK MEETING EXPENSE 8.68 TOTAL ECONOMIC DEV 50.35 110,601.41 FUND GRAND TOTAL AMBULANCE SERVICE WPS TRICARE FOR LIFE AMBULANCE REFUND 177.00 MARTY COOPER AMBULANCE REFUND 63.30 AETNA REFUNDS AMBULANCE REFUND 566.84 TOTAL AMBULANCE SERVICE 807.14 AMBULANCE OKLAHOMA STATE UNIVERSITY- BURSAR ACLS CARDS 144.00 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 426.64 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 72.64 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 236.09 JPMORGAN CHASE BANK EXCELLANCE -PARTS 712.20 CITY GARAGE CITY GARAGE PARTS - JAN, 593.39 JPMORGAN CHASE BANK PSI - SUPPLIES 44.86 JPMORGAN CHASE BANK FULLERTON- MEDICAL OXYGEN 79.50 JPMORGAN CHASE BANK CLASSIC CHEV -MEDIC 3 PART 106.57 JPMORGAN CHASE BANK ALLMED- SUPPLIES 434.48 JPMORGAN CHASE BANK ALLMED- SUPPLIES 542.50 JPMORGAN CHASE BANK ALLMED- SUPPLIES 827.90 JPMORGAN CHASE BANK ALLMED- SUPPLIES 135.00 CITY GARAGE LABOR /OVERHEAD CHGS - JAN 1,000.00 MEDICLAIMS INC BILLING SERVICES 8,616.31 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 2,118.99 Page 6 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL AMBULANCE 16,091.07 16,898.2 FUND GRAND TOTAL E911 COMMUNICATIONS JAT&T 1CONSOLIDATED PHONE BILL 1 276.38 TOTAL E911 COMMUNICATIONS 276.38 777 E911 - WINTER STRM FEB1 TTIMMONS OIL COMPANY FUEL FOR RADIO TOWER GENE 365.87 TOTAL E911 -WINTER STRM FEB11 365.87 642.2 FUND GRAND TOTAL STRONG NEIGHBORHOODS JJPMORGAN CHASE BANK ICARTRIDGE WORLD -INK 139.98 TOTAL STRONG NEIGHBORHOODS 139.98 139.9 FUND GRAND TOTAL STORMWATER - STORMWATI JPMORGAN CHASE BANK WINFIELD -ROW SPRAYING 76.87 JPMORGAN CHASE BANK WINFIELD -ROW SPRAYING 7,893.30 TOTAL STORMWATER - STORMWATER 7,970.17 STRM MGMT- 3 LAKES DRAIN BUILDING & EARTH SCIENCES, INC ITHREE LAKES POND EVALUATI 27000.00 TOTAL STRM MGMT- 3 LAKES DRAIN 2,000.00 9,970.1 FUND GRAND TOTAL CITY GARAGE T & W TIRE, LP TIRES 1,702.40 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 RANDY STARK WINDSHIELD REPL PW TRUCK 195.00 JPMORGAN CHASE BANK UNITED FORD -HOSE 46.26 JPMORGAN CHASE BANK UNITED FORD -PARTS 3,164.87 JPMORGAN CHASE BANK CLASSIC CHEVY -PARTS 77.04 JPMORGAN CHASE BANK UNITED FORD - RETURNS - 3,199.00 JPMORGAN CHASE BANK UNITED FORD -CORE RETURN - 600.00 AT &T CONSOLIDATED PHONE BILL 44.82 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 47.59 T & W TIRE, LP TIRES FOR TRAILER 2,028.00 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - JAN, 20 6520 JPMORGAN CHASE BANK B & M OIL -PARTS 1,52015 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 11.32 Page 7 Claims List 02/15/2011 Budget Unit Title Vendor Name Payable Description jPayment Amouni TOTAL CITY GARAGE 5,170.29 5,170.2 FUND GRAND TOTAL WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT I. WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF -INS 2,418.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 1,518.46 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 1,793.50 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 744.15 TOTAL WORKERS' COMP SELF -INS 4,056.11 6,474.1 FUND GRAND TOTAL CITY GRAND TOTAL $149,896.42 Page 8 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 01/29/2011 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,232.76 Managerial 19,267.87 26,885.77 Finance 11,002.67 16,662.68 Human Resources 6,034.44 9,852.84 Community Development 8,616.79 13,997.34 Engineering 9,967.06 15,402.31 Information Systems 9,297.28 14,550.87 Support Services 6,689.07 9,779.46 Police 100,744.73 154,943.14 Central Dispatch 14,103.39 23,888.85 Animal Control 2,218.40 3,463.56 Fire 92,117.01 137,959.16 Emergency Preparedness 2,798.43 4,334.67 Streets 6,456.11 11,136.35 Stormwater /ROW Maint. 6,823.40 10,757.62 Park Maintenance 5,081.33 8,191.45 Community- Senior Center 3,101.00 5,083.69 Historical Museum - - Economic Development 2,826.92 3,792.87 General Fund Total 311,732.21 476,915.39 Garage Fund Total 4,103.60 6,529.33 Ambulance Fund Total 19,273.39 28,831.97 Emergency 911 Fund Total 2,062.62 3,428.94 Worker's Compensation Total 5,054.46 6,095.37 Strong Neighborhoods 2,077.12 3,149.04 Stormwater Detention 50.00 56.58 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 2115/11 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 28,337.40 HEALTHCARE MEDICAL SERVICE 24,437.26 HEALTHCARE DEPT TOTAL 52,774.66 DELTA DENTAL DENTAL MEDICAL SERVICE 1,829.49 DENTAL MEDICAL SERVICE 2,052.20 ADMIN FEES 2,136.19 DENTAL DEPT TOTAL 6,017.88 VSP VISION MEDICAL SERVICES 2,051.02 ADMIN FEES 1,230.36 VISION DEPT TOTAL 3,281.38 HEALTHCARE SELF INSURANCE FUND TOTAL 62,073.92 CITY OF OWASSO GENERALFUND FISCAL YEAR 2010 -2011 Statement of Revenues & Expenditures As of January 31, 2011 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE PERCENT $ 1,734,951 $ 11,071,272 $ 18,400,200 60.17% 37,055 97,190 239,300 40.61% 47,982 292,580 2,363,726 12.38% 60,892 276,096 507,660 54.39% 87,055 467,612 778,700 60.05% 8,816 81,734 399,300 20.47% 969,827 52,402 91,541 4,083 12,286,483 7,363,754 356,721 882,466 68,967 1,117,854 8,671,909 858,898 3,614,575 22,688,886 13,189,838 619,330 1,610,347 1,949,772 17,369,287 5,319,599 1,013,597 6,640,780 10,987,000 (1,640,879) (10,223,232) (16,831,075) (627,282) (3,582,452) (5,844,075) 231,616 32,123 (524,476) 3,519,842 $ 3,551,965 FUND BALANCE (Budgetary Basis) Beginning Balance 2,042,256 2,042,256 Ending Balance $ 2,074,379 $ 1,517,780 55.83% 57.60% 54.80% 3.54% 49.93% 67.95% 60.44% AVON The City Wit�iout Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Jennifer Kirby Community Center Director SUBJECT: Fiscal Year 2010-2011 DATE: February 1], 2011 BACKGROUND: The Owasso Community Center was built in 1977 with a grant provided by the Federal Government. The Community Center is a place where residents of all ages can participate in meaningful programs and activities to enrich their lives. The Center provides a variety of programs and makes rental reservations within its facilities for reunions, parties, meetings, wedding receptions, baby showers, educational and training sessions, as well as corporate events. The Center provides a meeting place for numerous clubs and service organizations. Over the years senior citizens have maintained two organizations within the building. The Owasso Golden Agers, which is the service arm of the senior programs, provides support, both financially and through volunteers for the programs offered at the Center. The Owasso Senior Citizens Foundation is a tax exempt (501 -C -3) organization whose primary purpose is to receive and manage a corpus of funds to assure that a viable Owasso Senior program is not totally dependent on government funding. The senior program currently reaches approximately 300 citizens and has a growing need for equipment such as tables, chairs, and bookcases. The Owasso Senior Citizens Foundation (OSCF) has generously donated $2,232.83 to the City of Owasso to help provide for these growing needs. Funds from this donation will be used to purchase furniture, specifically ten armchairs, three tables, and four bookcases to be used within the Community Center. A budget amendment is needed in order to make the donated funds available for expenditures in the Community Center FYI budget. This budget amendment would increase the General Fund revenues and appropriated expenditures by $2,232.83. RECOMMENDATION: Staff recommends City Council approval of a budget amendment increasing the estimated General Fund revenues by $2,232.83 and increasing the appropriation for expenditures in the General Fund by $2,232.83. VAft loop* The pity Wii *rout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: OPUD 10 -01 (formerly PUD 04 -01), The Reserve at Elm Creek located at 66th Street North and 129th E. Ave. DATE: February 11, 2011 BACKGROUND: On January 10, 2011, the Owasso Planning Commission tabled OPUD 10 -01 (formerly OPUD 04- 01). Considering the amount of time that has elapsed since OPUD 04 -01 was originally approved and because the PUD ordinance has changed since 2004, the Planning Commission requested that information be provided highlighting any deficiencies that may exist between the original approved PUD to those as if it were designed under the current PUD ordinance. These items include such elements as open space amenities, density calculations, a better delineation of where the duplex lots are located, and more specific information about the development in general. After the January 10th meeting, staff spoke with the applicant on several occasions as well as the City's legal counsel. Based on these discussions, it was determined that many of the items the Planning Commission had concerns about during the last meeting are addressed in the base requirements of the PUD ordinance, subdivision regulations, and other areas of the zoning code. The project consists of a total of 19.75 acres, and approximately 12.46 acres would be used for single - family detached residential development, wi th the balance of the property u sed for duplex residential development. The applicant has submitted engineering drawings and a preliminary plat for review. The property is located at the northwest corner of the intersection of 66th Street North and 129th East Avenue. SURROUNDING LAND USE: North: Floodplain, AG Zoning - Tulsa County South: Large Lot Single Family Homes and church, AG -R Zoning - Tulsa County East: Undeveloped, AG Zoning - Tulsa County West: Undeveloped, AG Zoning -Tulsa County PROPERTY CHARACTERISTICS: The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land to the west is agricultural in nature. The subject property and properties to the north, east, and west are zoned AG Agricultural. Tracts to the south are zoned AG -R Agricultural /Residential by Tulsa County. DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoning The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review to the City. After obtaining approval from the TAC and the Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. COMPARISON OF DIFFERENCES BETWEEN THE 2004 ZONING CODE AND THE CURRENT CODE: At the January 10, 2011 Planning Commission meeting, the Commission asked staff to compare the project against the current PUD ordinance. The table below provides this comparison. Element 2004 PUD Code Current PUD Code Project II, The Reserve at Elm Creek Minimum Acreage None Specified 3 Acres +/- 19.75 Acres Submitted plat indicates Required, but unspecific 2 areas of open space Open Space Unspecified as to how much to totaling approx. 1.6 provide. acres, which include the detention area. Min. Lot size of 5,000 SF Land Area: I DU Per and min. lot width lot Dimensional Standards 8,400 SF for single For single family areas 50'for single family lots. and or Density family and 1 DU for density not to exceed 4 Duplex lot area to meet Restrictions 4,200 SF for duplex. DU /Acre; for duplex the standards of the RD Min. lot size is 800 SF areas 8 DU /Acre District in the Zoning Min. Lot width 20' Code. Plat shows 4.09 DU /Ac for SF lot area Amenities Required Required if single family (e.g. trails, 70% masonry on structures, tennis None density exceeds 5 None Specified court, pool, etc. DU /Acre As specified by the Planning Commission or Perimeter As specified by the if unspecified then in Requirements Planning accordance with Unspecified Commission Chapter 16, Section 1610 of the Zoning Code Per the subdivision regulations screening along arterials is Mentioned in the Screening and As prescribed by the required. Additionally, paragraph regarding Landscaping Planning entry landscaping the HOA responsibilities Commission required for the but unspecified as to the entrances per Chapter location or type. 20, 2035 Landscaping Requirements ANALYSIS: OPUD 10 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres. The development concept behind the Project Two PUD is residential, as the applicant intends to develop single family and duplex residential homes on the subject property. The applicant's preliminary plat that was submitted in conjunction with this PUD indicates 51 lots on 12.46 acres, giving a density of 4.09 lots per acre. The PUD ordinance is silent as to how to treat an application if the single family lot density is between 4 and 5 dwelling units per acre. Therefore, staff made a judgment call and concluded that 4.09 should be rounded to 4 dwelling per acre, which relieves the applicant of the amenity requirements. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. Staff concurs that a residential development of this type is consistent with the development trends in this corridor and this pattern of growth is compatible with the Owasso 2025 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicant to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The area in the vicinity of the intersection at 66th Street North and North 129th East Avenue has been identified as a non- commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non - commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. The proposed PUD fits in with the development trends in the area and is consistent with the Owasso Land Use Plan. Moreover, given development activity and public infrastructure improvements in this area, the application is even more valid today than in 2004. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. As mentioned, the applicant has engineering plans currently under review and has submitted a preliminary plat reflecting those plans. Should the applicant decide to amend the PUD, then sections 840.1 and 840.2 of the zoning code shall apply. As discussed, the PUD ordinance stipulates that a PUD cannot exceed 4 DU per Acre for single family areas and 8 DU /acre for duplex areas, regardless of the number of dwelling units outlined in the applicants technical data sheet. If the applicant furnishes a plat that exceeds the above densities, the amenity elements outlined Section 820 (7) of the zoning ordinance alonq with the 70% masonry requirement for the units will be required or the applicant will be required to lose lots. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right -of -way along the west side of North 129th East Avenue and along the north side of 66th Street North. Sidewalks will be required along all public right -of -ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. On -site detention is required and will be further defined at the platting and construction drawing stage. Any future development on the property will be served sewer from the City of Owasso and water from Rogers County Rural Water District 3. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. At the January 10, 2011 Planning Commission meeting, there were approximately 5 individuals who spoke in opposition to the request. Their concerns primarily were centered on the development of duplex lots and issues associated with rock blasting in order to install sewer infrastructure. In conclusion it is reiterated that the applicant /developer will have to perform the following items outside of the PUD. 1. Applicant shall submit entry landscape plan with future construction drawings. Chapter 20, 2035 Single - Family Landscaping Requirements, of the Owasso Zoning code requires all subdivision entrances be landscaped. 2. Per Chapter 16, Fencing Requirements, of the Owasso Zoning Code: All residential uses, including, but not limited to, single - family attached and detached, duplexes, multi- family, mobile homes, etc., that back up to any arterial road, shall be screened with a solid opaque fence to provide screening of the rear yards of the residential property. Therefore, any lots abutting 66th Street North or 129th East Avenue shall provide screening fences in accordance with Chapter 16, Section 1610 of the Zoning Code 3. Applicant will have to comply with all of the subdivision regulations, which include obtaining preliminary plat and final plat approval. The Owasso Planning Commission approved the request at their regularly scheduled meeting on February 7, 2010, with a vote of 3 -1. RECOMMENDATION: Staff recommends City Council approval of OPUD 10 -01. ATTACHMENTS: A. General Area Map B. OPUD 10 -01 Development Outline Plan C. Conceptual Development Plan D. Legal Notice E. Staff report dated May 12, 2004 Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com RESERVE @ ELM CREEK LOCATION MAP N W E S 1 /12 /n IW41 LM trMl4tILCC [4td!t1W b iJ{f W fft" In +4t W" Xt *w+4 A1r r rM}irsrtcx =4- Rv 3aWc ItiLt7� 0AULN11i"A'r AL-3 or THE RESERVE, ON ELM MwiY ti, C4i ti6r w.s 6!}}sta41F 7ME 5C4f}#,45T GuWYR ('.Cfai sr sccK �,7r- ho�yjweJN TefGai?. -,.uL CNta �rt:JM awx IFntiR-c15, (It4) Gtla ac lst a 6!i a.*0 %i WAW. n%1% r_ Stalt .kaAlOw r i4 7.: v A 0$�/itRL�4Ir =c' T'&FW �'nTlerF C1el�+rb�t* Dart'fin'a4A 'GGY,ptir's14�4A P.C. BOX E4 O*ASS0. C1r A40iiitA 74C'_t5 Gvnr.�v F#enritCR Surre�e;tss�„ Enc. P.O. BOX lf48 oit)UTEW, 4* 743x? 016) .lad —)f, 4 14 E rt%I SMnAk+:s *� 1 _ 24 lU6S�WtsLOb.. c_as'}cs �i4iA�lR:.;v .. - 11r{ ILllnr J4ulY crrt� L"dj DditfipLah KM liter isuR ((KnMT)4 M M Ot1V•f!Rwx Mix I% N:v A -r-4 i lot ur0a�t�vn, ruS9. {y tr. {l�df 6i 4�st T'6 7.!(L:10BL t}i. Auq}.MfALCLti 3'"' fnu4a, tow, W IS AlAfj & na C4¢T 44ir 61 WE Sd+ or lilt MM 44D rK W2 or M1t Of 447 Iff4 t }ICI "CH .W. Wn r 4AdIr SDOOOM R rW fi00M 4 L L Wr a W VI SJ4 4Ct' R E}0'wWo At%L: r41C tAMm lower I-! 7 *%Lwtm of 3Li , fw, IItpY; aiiY +::,1e4 A JF to IN KE KcMme-T Mf M1,ryu,n limit w 031 tw. Cr 14 WJ4 Ar 4t'0" it A fWact a zw" Mth M w NaN Ael sK 3.f McJ+ WLP Or SMWP -v KE 4*ww4n h: VMC ar n[ lr.4 ltls 414%. 7W 1), %"" JZ : i14+■:t r/C rw Q W."IlM6 C trio&% 4T rw WA44ftl a~ OF u.4414 !:, 14-4 4WIMRi.*4 E457 LM or tiff: Or ilCK.i9 37 • ?ST.n_1 "V vok, - NTQM -8 RR`op LK Cr 1w WG 4 a. 35MK4 8r 3}446 W TI WE %Wi WT. rY Cr c!S or sw M. 4 AW 7 la! -0 "r ilgF �n. +.b�A4A`altl Mid Lri4 6r tore *V- A C4Af.I 'G :4C CiP V4C or SAO sud. SIC{ swir w* ALaAG vo Rrfl A C}tl1/oz, w 13 40 PTT " h[ Min w '}Sri y�y L' crrt� z CQ E- R 14 E LOCATION MAP Conceptnal Development Plan for Proposed PUD 19.75 acre tract PYCSenftc %oget .1G LEGAL. DESCRIPTION A tract of land located in the East Half of the Southeast Quarter of Section 32, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, being more particularly described as follows: The East Half of the Southeast Quarter of the Southeast Quarter, AND the South Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 32, LESS AND EXCEPT Beginning at the Northeast Corner of the S/2 SE /4 NE /4 SE /4 of Section 32; thence S00 °10'35 "W along the Easter line of the SE /4 of Section 32 a distance of 318.67 feet; thence N87 °45'31 "W a distance of 566.88 feet; thence N00 °10'35 "E and parallel with the East line of the S/2 SE /4 NE /4 SE /4 of Section 32 a distance of 296.46 feet to the Northerly line of the S/2 SE /4 NE /4 SE /4 of Section 32; thence N89 °59'49 "E along the Northerly line of the S/2 SE /4 NE /4 SE /4 of Section 32 a distance of 566.52 feet to the Point of Beginning; ALSO LESS AND EXCEPT Commencing at the Southeast Corner of Section 32: thence N00 °10'35 "E along the East line of the SE /4 of Section 32 a distance of 827.00 feet to the Point of Beginning; thence N89 °49'25 "W and perpendicular to the East line of said SE /4 a distance of 326.40 feet; thence N00 °10'35 "E and parallel with the East line of said SE /4 a distance of 165.40 feet; thence S89 °49'25 "E and perpendicular to the East line of said SE /4 a distance of 326.40 feet to the East line of said SE /4; thence S00 010'35 "W along the East line of said SE /4 a distance of 165.40 feet to the Point of Beginning; N89 °59'49 "E SCALE 1 " =250' Basis of Bearings: East line Section 32 S00 °10'35 "W EAST 66th STREET NORTH o � Z w LU x n E- n � j D PUBLISHER'S AFFIDAVIT OPUD 10 -01 /DOMINION CORP PUBLICATION DATE(S) 12/17/10 CASE NUMBER: OPUD 10- 01/DOMINION CORP AD NUMBER: 00116107 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in it supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 18th day of December, 2010. Notary Public / ?G ( 1.2 ' /?-) ; 7C L_ 6NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 NANCY CAROL MOORS Customer #: 00015045 NOTARY PUBLIC Customer: DOMINION CORPORATION SiATB 1 OKLjg0iOMA COMMISSION NO.06011684 EXPIRES 12 -8 -2014 Publisher's Fee: 93.80 116107 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 17, 2010. NOTICETOTHE PUBLIC OF A HEARING ON A PROPOSED PLANNED UNIT DEVELOPMENT LOCATED WITHIN THE CITY OF OWASSO, OKLAHOMA OPUD 10-01 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 10th day of January, 2011. At that time and place, the Owasso Planning Commission will consider requests from Dominion Corporation, applicant for a proposed planned unit development of approximately 20 acres, located on the northwest corner of North 129th East Avenue at East 66th Street North and for a proposed change of the zoning classification from AG (Agricultural District) to OPUD 10-01. The subject property is described as follows: A tract of land located In the E/2 of the SE/4 of Section 32,T -21- N, R -14 -E of the Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: The E12 of the SE/4 of the SEM AND the S/2 of the SE/4 of the NE14 of the SE14 of Section 32; LESS AND EXCEPT Beginning at the Northeast corner of the S/2 of the SE/4 of the NE14 of the SE/4 of Section 32; THENCE S 00' 10'35" W along the Easterly line of the SE/4 of Section 32 a distance of 318.67 feet; THENCE N 87 °45'31 "W a distance of 566.88 feet; THENCE N 00 °10'35" E and parallel with the east line of the 8/2 of the SE/4 of the NE/4 of the SE/4 of Section 32 a distance of 296.46 feet to the Northerly line of the 812 of the SFA of the NE/4 of the SE14 of Section 32; THENCE N 89 °6949" E along the Northerly line of the S/2 of the SE/4 of the NE14 of the SE14 of Section 32 a distance of 566.52 feet to the "Point of Beginning'; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32: THENCE N 00 110'35" E along the east line of the SE14 of Section 32 a dis- tance of 827.00 feet to the "Point of Beginning "; THENCE N 89.49'25" W and perpendicular to the east line of said SE/4 a distance of 326.40 feet•,THENCE N 00.10'35" E and parallel with the east line of said SE/4 a distance of 165.40 feet; THENCE 89'49125" E and perpendicular to the east line of said SE14 a dis- tance of 326.40 feet to the east line of said SE14; THENCE S 00'10'35"W along the east line of said SE/4 a distance of 165.40 feet to the "Point of Beginning ". Information and maps showing the property location may be inspect- ed in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376 -1500, Dated at Owasso, Oklahoma, this 13th day of December, 2010 Marsha Hensley Assistant City Planner MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: OPUD 04 -01, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT DATE: MAY 12, 2004 BACKGROUND: The City of Owasso has received a request for the review and rezoning of 19.75 acres. The applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed OPUD 04 -01 will follow the standards found under the RS -3 Residential Single- Family and RD Residential Duplex zoning designations so as to guide the development of single - family homes and duplexes. Twelve acres would be used for single - family detached residential development and 7.75 acres would be used for duplex residential development. The property is located at the northwest corner of the intersection of 66'11 Street North and 129'11 East Avenue. The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land the west is agricultural in nature. The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts to the south are zoned AG -R Agri cultural/Residential by Tulsa County. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE: USES PERMITTED — The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests two uses — single- family residential and duplex residential. BULK AND AREA REQUIREMENTS — As stated earlier, the applicant requests an RS -3 residential single - family designation for 12 acres, and an RD residential duplex designation for 7.75 acres. The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS -3 PUD. This requirement would allow up to 62 lots on the 12 acres. The applicant requests 60 lots. The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant requests 80 dwelling units on 40 lots. Within an RS -3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. BUILDING HEIGHT AND YARDS — There is no set maximum building height or minimum yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of two stories and a minimum yard size of 15 feet (by 50 feet). SCREENING AND LANDSCAPING REQUIREMENTS — The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. ANALYSIS: OPUD 04 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres. The development concept behind the Project Two PUD is residential. The applicant /owners of the property intend to develop single family residential homes and duplex homes on the subject site. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. As the market has evolved the property owners feel it is appropriate and marketable to develop the area for residential purposes, as prescribed by the Master Land Use Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential development would be consistent with the development pattern taking hold in Owasso and this pattern of growth is compatible with the Owasso 2010 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants /owners to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The area in the vicinity of the intersection at 661i Street North and North 1291` East Avenue has been identified as a non - commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non- commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right -of -way along the west side of North 1291i East Avenue and along the north side of 661' Street North. Sidewalks will be required along all public right -of -ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On -site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer by the City of Owasso and water by the City of Owasso. The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, the staff has no opposition from one person concerning the request. OWASSO PLANNING COMMISSION At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to recommend approval of OPUD 04 -01 with no conditions. RECOMMENDATION: The staff recommends approval of OPUD 04 -01. ATTACHMENTS: 1. General Area Map 2. OPUD 04 -01 Development Outline Plan 3. Legal Notice 4. OPUD 04 -01 Application 0 9 M -ON e V Ti,� Cifiy Wit�rout [_ims #s. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Conditional Final Plat —Life Church DATE: February 11, 2010 BACKGROUND: The City of Owasso has received for review and approval a conditional final plat (final plat) for Life Church, located at 14008 East 96th Street North. The final plan proposes one (1) lot on one (1) block consisting of 11.54 acres of property. The applicant intends to develop the property with a church. Per the Owasso subdivision regulations, proposed subdivisions containing only one lot may proceed to a final plat. Whenever this situation occurs, it is often referred to as a conditional final plat. SURROUNDING ZONING: North: Office Medium (OM) South: Residential Single Family (RS -2) East: Residential Single Family (RS -2) West: Residential Single Family (RS -2) PROPERTY CHARACTERISTICS: The subject property is 11.54 acres in size. The property is served by the City of Owasso water, sanitary sewer, police, fire, and EMS service. DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoninq The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and approval of the final plat so they may develop the property with a church. The property is zoned AG (Agriculture) and a special exception for a church was approved on December 16, 2008 by the Owasso Board of Adjustment. According to the final plat, the applicant will create one (1) 11.54 acre lot with 600.27 feet of frontage. The main access into the site will be from 96th Street North. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The proposed plat indicates a 17.5' utility easement on the along the west, south and east boundaries of the site, a 50' rural water utility easement and 50' right of way dedication along 96th Street North. TECHNICAL ADVISORY COMMITTEE: The Final Plat for Life Church was reviewed by the Owasso Technical Advisory Committee at their regularly scheduled meeting held January 26, 2010. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The following comments were made: • Public Works - Show drainage easement for the pond, correct bearing descriptions so that flow in a circular reference. • AT&T - None • PSO - Clarify who will be servicing the site and showing the extension of the line • ONG - Add gas service to paragraph B.2 on the restrictive covenants and deed of dedications page PLANNING COMMISSION: The Owasso Planning Commission unanimously approved the final plat at their regularly scheduled meeting on February 7, 2011. RECOMMENDATION: Staff recommends City Council approval of Life Church Final Plat, subject to addressing the TAC comments. ATTACHMENTS: A. Final Plat Life Church B. Case Map I- N �r 5s115: 1'_51T 0 3D 60 13D 150 JANLW[r 1q 2011 rINAI PLAT Dr LIFE CHURCH ADDITION PArt OF THE NORIIM'f DuARTER OF THE NORTHEAST DUAHRN (NM /4 NE /4) OF SE ON TWENTY-ONE (21), TOWNSHV TNEN:Y -ONE (21)) N—. NRNLE FOURTEEN (14) EAST DF THE INDRN RASE AND Mn11DtW, TULSA. —. NrE OF ORUAH011A, ACCORDING TO THE U.S. ODYERNMENT SUNYEY THEREOF R 14 E C MI STREET NORTH T 21 N E 55111 STREET WORTH Location Map SUSI NISNYI OdTMNS ONE (1) LM IN 0. (1) BLOCK. SUNOMSION CONTNNS 11.51 T—.1. Owner /Developer: Engineer: Surveyor: Life Covenant Church Inc. Wallace Engineering- Structural Bennett Surveying, Inc. 4600 EAST 2ND STREET Consultants Inc. P.O. BOX 848 EDMOND, OKLAHOMA 73034 200 EAST BRADY STREET CHOLITEAU, OK 74337 (405) 680 -5433 TULSA, OK 74103 (918) 476 -7484 (918) 584 -5858 11 BaISis�oeFwR uc IS gews ra F SECTON 41, f�H THE N ASSUME0 B. No OF Ne9'S9.52YI. A Manumentation: cu sT.wPED Flood Plain Designation: PL, UNSHADED TONE .SPEOED EOACD'IxAIRTY E inGS .. Hoo'To RE 11 W �OE"HHE" _ .'ao uN. N. N nc 4 I JmEE w a sRi114PoY DW r� AUfO °a ww w Ain /`Aex� 2 aE1cIrN 3 STATUTORY SED110N TINE IT OF WAY _� —Ewl- -YlH1 9trM I -�- - --( \ 5D• R K 31 WATER PA1- 500N 3535 PAGE 1316 �IJ \ I F� M N� I \ \ � wELL Block 1 II\ (3s.r z 3D.r 15.5• STATTUR/ SECTOR UNE III OF WAY LAL W ZEEWENaT \ % w m /�� /� //I1;I, T— OC�V[LTOPOAytt ED PC / I �n o waT eY l�HIS Pu P R.6Nrx"0PO'ND rus.r M2.-r �\ _ /600. �� - / S 8959'52' E - /- CC" �� P cORIwRATE uurtls or THE ;m Or ANN 5 D i N RDPm r DWNa ""E" DW r PlfrontTY OWKR I 1AEW1116HI� I AH Ex 'TU: — o- Z INML WrtCHCY Mr �FMY olttYR: Y Arr H.Sru R .wae o a Plxrtrr s a Yr.�Si �a.oPllDrm�`co Nc �ET'U YHIHV 5aJ y glpa yLN01p / M YYAM' OEY40PNYAT co 21c 1\ 0a >L LIFE aM1a0N AOORION BEEDCOFLOEOIGTIO AND RESiRICTNE COVT:EMNIS KNOW ALL MEN BY THESE PRESENTS: LIFE COWMANE CHURCH. I— F OKLAHOMA COUNTY, OKI.IHOUA, HEREINAFTER REFERRED TO AS THE `OV ER /DEVELDPER" IS THE OWNIN SCRIBED REV. ESTATE SRUATED IN ME CITY OF CWAS50, TULG COUNTY, STATE OF OAUHOMA TO TT LEGAL DESCRIPTION: A TRACT OF -1 REFERRED AS TRADE /1 ANO LOGTEO WIMN ME NWRTHWEST OUABER Of ME 1-1-T OIMRER OF TWENTY -ONE (21). I_ HIP TWENTY -OE (21) NCRM, RANGE FOURTEEN (14) FAST, lUSA LWNtt, STATE OF O,NVHONA AND FURTHER DESCRIBED K FOLLOWS, i0 - MAR: COMMENCING AT THEHHSRF_ OF THE HDRDAREST WANLR OF ME HGANDAIT OLARTER (NW4/ NE /4) OF SECTION TWENTY -ONE (21); THENCE 588'41'1]'11 ALONG ME H.'ON 1 LINE OF GAID SECTION MEATY -ONE (21) DSTANCE 3. FEET; THENCE 50011'11 "E A DISTANCE F 0 O ME PO.T OF BEGNNMo. THENCE 500'1 T'lIT A OMTANCE OF 320 FCET, NCE SBB'41'12V1 A DISTANCE OF 300.22 TFEET. THENCE 11'11'11'1 A DISTANCE OF III FEET; MENF X604112 E ALAI L WfTH AND 1650 FEET PERPENORN -1Y DISTANCED FROM ME NOAH LINE OF SOTION TWEN Y- (21) A DISTANCE F 300.27 FEET TO THE POINT OF EGRI AMID A PART or E WEST 54.5.22 FEET OF THE FAST 600.27 FEET OF THE WEST HALF OF THE NOATHEAST GGRTER (W /2 NE/4) OF sEMBN TWENTY -ONE (21) TOWNSHIP TWENTY -ONE (21) NGFM, RANGE FOURTEEN (14) EAST, TULSA COUNTY, STATE OF OfLAFIOANN BEING DESCRIBED AS FOLOWS, TO -MAR: RUST CORNER F THE NORTHWEST pUARER OF ME NORMGST `WATER (NW /A NE/4) OF SECTION THENCE SE'4E11E'12'1 HONG ME NO F SAD SECTION 21 A DISTANCE F IS 5 SET: I.NN.I II GT­ 1RSR FEET TO THE PEON OF EDINNIMO THENCE sDRll'lti A DISTANCE F W2.82 FEET; THENCE 5BN'A1.12v A EISTAMF O, 4522 FEE" THENCE H00'11.l"R A DISTANCE F 402.62 FEET TO A FONT: MENC.E NSB'11'121E A DISTANCE F FEET TO O ME POLIN OF IEGINNNO, ^CCONOINO TO THE AUNTIED STATES FEET TO SURry THEREF� 12 E A DST. G, 45 50 KNOWN AS THE WEST 315 x7 FEET OF THE EA 600.22 FEET OF ME MORM 854.12 FEET OF ME WEST HALF O F THEE NORMI�T, OKWITOEN,W2/G2COXOIkGSTOM E 21 TRANGHP 21 NORTH, TIKE 14 FAST Of TILE IXDAN SASE AND LESS ME NORH I6.5 FEET MR ROD. AND BEGINNING 528 FEET SOUTH OF ME NORTHEAST CORNER OF THE WEST HALF OF TIE NONHEASHQWRTER (W /2 NE/4); HENCE LATH ]26.12, THENCE WEST 255 FEET; M E RTH .t FEET; T ]o FEET; c SWIH 528 FEET; EAST 225 FEET TO THE PDINT OF BEGINNING. F SECTION TIYEMIT -ONE (21), TOWNSHIP RWENTY- ONE, NORTH, RANGE MUPTEEN (14) EAST, TULSA COUNTY AND TH 526 FEET F THE EAST 225 FEET F THE WEST HALF F THE HOTMGST OWNER (W /2 NE/4) IN SECTgM MENtt�WE (21). TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FWNEEN (14) FAST. TULSA COUNTY. OKLAHOMA. iH TRACTS ALSO NNOWN AS THE NORTH .54.12 FEET OF THE EAST 255 FEET DF ME WEST HALF OF THE NIATHEAN QUARTER OKUiON LESS NE NORTH IS SY5 FFEi THEA OiG FORER(2) NO MRANBE FOUREEN (14) FAST, NW COUNTY. STATE OF AND HAS CAUSED THE ABOVE DESCRIBED EANDS TO BE SURVEYED,. STAKED, PLATTED AND SUIDFAOD INTO I LOT AND 1 BLOCK, IN CONNRMRY WOH ME KCOMPKTINC PUT AND HAS OESICNAEU THE SUBONSION AS 'LIFE CHMCHI AOOUOX', A UBDMIT IN ME CRY OF OWA E TUC" (. `YNO. OKLWOUT. S SECTION L EASEMENTS ARE UNUTIES A UTILITY EASEMENTS THE OWNER / DEVEOPER DOES HEREDY FDIATE FOR PUBLIC USE, ME STREET RIGHTS -F -WAY AS DEPICTO ON THE ACCOMPANYING PUT. ADORIONALLY, THE /DEVELOPER W K DEPICTED ON THE ACCOMPANYING PLAT AS OR UTIMY GSEMEMi, FOR ME SEVERAL PURPOSES OF CONSMUCDNGMENR MGM REPANATO. FUPIACNG AND/OR ERNIHO ANY AND ALL PUNJC OTILTFIE3. INCLUDING STORM SEWEPS. SFNTARYNSEAER. LTELEPONE AND COMMUNIGTIBN LIMES, ELECTRIC POUR LIME AID TRANSFORMERS, GAS LINES, MEN SINES, AND ARID OUIPM S FOR UCHS Of SUCH ,FMILMES AND ANY OTHER APPURTENANCE THERETO. WITH THE RIGHTS F INGRESS AND o THE UTILITY EASEMENTS FOR THE USES AND PURPOSES AOAESAP PRONGED -A. ME HI TTo6EiHEn,WRH LINBE RG TLO SINGRCso µD TO CONSTRUCT. SUCH . O�PEPATEiI.UiuMTEMANCEE, 0AAG.EI MI II�N AISiEYffP RE -UWNG OVER, AµD SS AMD BONG ALL EOFTO ME UFFILITY THE AREA NCLUOEO (DEPICTED ON THE LNIIER/OWFO,PER HFREM MUSED A RESTRIFNE CWENAN, WHICH COVENANT SHALL BE BINDING ON EKVI LOT OWNFR AIA SMALL BE ENORCEMLE BY ME CITY OF O.YATMSO, OAPWWµ AND BY ME SUPPUER OF AN AF pp ED LIBLOY SE U"CE, THAT MMIN THE URLRY FASEMENtt, OENCTED IN ECTED, INSTAL ED ORR MANTRAMEO. STRUCTURE ANKH C HERREEN SHALL BE E OOEMEDD TO PROH BIT OBHVE�S. PIRq RED, ARUS. CURBING AID THAT DO NOT CONSTITUTE AN OBSTRUCTION D. NUM' SEANCE L ES MAY BE LOOTED ALONG THE PERMETER OF THE SUBBNSSION AS NECESYAi IF LOOTED IN UTILITY FOR 5 kK0 BY POMERSINAN� CABLE, AND EXUCEPTY Or S MADE GROUND IN THE MMED SINIET LIGHT PRECEDING IUMEENGE ALLL O-ECMICBAND IC nON SUPPLY LINES SMALL BE LFATED UNDERGROUND, IN THE EASEMENT -WAYS RESERVED FOR GENERA UTILITY SEEMCES AND STREETS. SHOWN ON ME ATTACHED PUT. 2. LWDEMOROIND SERVCE CABLES TO ALL STRUCTURES WHICH G LOCATED WITHIN THE SERRATION MAY E RUN FROM HE E PEESTC OR TMNiMRNER TO ME POINT ,0 E DETERMINED BY THE LOCATION AMID CON3IN GTb)NSOE SLAW STRU MpE 15 11 BE LOCATED UPON THE ,Oi�PROVIDEO TNMT UPON THE MISTALUiroN F A spMCE T A PARRCULAA sTpUCMRE, THE SUPPLIER OF SERVICE SMALL THEREAFTER E DEC RE TO HAVE A SI E MINE. EERF�ICE CABLE. EFFECTNE LIFUNDINGEFROM INEOSEMM,ICEOPEDESSTTAL OR TRANSFORMER ITO ME DING 2E FEET N EACH ME STRUCTURE EN 3. THE SUFPUMAVE RICHTCOFCI,CE.So TELEPHONE FIREMENTWAYS SHOWN UK ME T PEAT VOR OM RMSE PHOA'RD D LFOR N, M5 L AT ALL TMES UNDERGflO MT DEDICATION LECTRIC. TELEPHONE OR CABLE TELEVISION FACLFRES INSTALLED BY THE SUPPLIEPYOF THE UUUtt SEANCE. 4 ON, S LOT OF ND HSFALLTPRIT ENT THE,AL ALTERATION O GRACE OR ANY N uCROA ACi TY WHICLHNCYAWO INTERFERE ED WRHH M, M GMUC.. MAINTENANCE OR CABLE TELDBSION FACIURES. TH E 5 PER F SERNIOE STALL BE RESPONSIBLE FOR FACIUL ES CAUSED ORENECES5IE UNDERGROUND BY DACM OF THE 0W OR HIS AGENTS OT COM MUS. RfLOCATpN F S1MH 5. TEELEPHONE. OR CWEF TEIF ON ES AVICE THIS AD ME�ONNER IF51 HE LOT AGREESETO BE BOUND H SHEREBY. OF ME ElEC2RIC. WATER. STORM SEWER, AND SARRART SEWER SERVICE 1. OWNER F THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE PEUC WATER AMR SEWER MANS LFATED ON HIS LOT. Z CONTOURS MS NC. FUPEON,MME COMPLFTONTEOF OTHETHNSTRMUMOEI OF A PLE1 THE ANNNOR Of�EM � MOR M� CONSTRUCTION AUTN WHICH WOUO INTERFERE ANN PUBLIC WATER AMC SEWER MAINS. SMALL BE PROHIBEO. ME 5. ACONI ANDFSMER MA.IHS, OOMT,E R ITS SUCCESSORS. PARMN/dL BEE OR REEIOGTOORN of SUCHY FgINTLI E CAUSED D INS NECESSITATED BY AC'i5 OF ME OWNER, H5 KENTS DR CONTRACTORS. 4 ME CRY ENTWAYS DEPT EDKON ITM ACCOMPANYING SDORT. OR AT ALL PRpSFSRDM HAVE THIS OECD OFOOFGICATIOM, FOR TIE URUSE F INSTALLING, MAINTANNG. REMONNG OR RE ING ARY PORTION F UNOEROROURD WASP OR EWfR FA II.IIIES. 5, THE FORECOMG COIENANT5 SET FORTH N THIS PARAGGPH C S144LL BE ENFORCUELE BY THE CRY OF ONNESO, OKLAHOMA OR lI SUCCESSORS, AND THE BWNEF OF THE LOT AGREES TO BE BONG HERESY. GAS SEANCE IN BYTNESS WHEREOF, THE OWNER /DEVELOPER HAS EXECUTED THIS INSTRUMENT THIS GY F_ 1. HE SUPPLIER OF CAS SERVICE THROUGH I�AGENTS A10 EMPLOYEES AML_ AT ALL TIMES HAKE RIGHT F ACCESS TO ALL 3011. EASEMEN RATS GXON BV SAM, PUT, IG �ERMSE ED FOR IN THIS DEED OF DEDICATION INSTALLED OTHE IEF E OF LIFE COVEAART CHURCH No OF ONUHOM^ SUPPLIER OF GASAINING. REMDIING OR REP NG AMY PONION OF THE UNASEUUUND FKILUIES BY THE cWXtt. OKLAHOMA 2. M E CANER F THE LOT SHAM BE RESPONSIBLE FOR THE PROTECTION F THE UNDERGROUND GS FACUTICS LFATO OM BY PTM NT THE ALTERATION F GRACE OR ANY CONTRAUCMXI KTMIY WHICH AVUO INTERFERE WRH N PEMRY, NCE PNE510EN OF DPETAibuS ME - FACIMNEEL E SUPPLIER OF OAS SEANCE SMALL BE RESPONSIBIC FOR ORDINARY M NNLETANF F ME NELCGE,SLSHA MIND BY ACTS, of MEMCAmotLof THELLOT ^ORLHIS AREAS OR CONTRACCTOR5 SUCH 6 CAUSED OR HATE OF UKWIOW ) S. ME FOR 0INO COVENINTS SET FRAM IN Ms PARAGpAPN D SNAUL BE ENFORCEABLE BY ME SUPPLIER F THE GAS COUNTY OF ONEAIOMA ss. SERVCE AND ME OWNER OF THE OT AOEES N RE BOUND HENFBY. SUEACf GRAMAOE THIS INSTRUMENT WAS ACNNOWIEOGED BEFORE ME THIS GT OF 2011 DRAIN, IH AN UNOBSTR TED MANNER MF STORM AIDS SURFACE WATERS FROM LOTS AND Rt': ELMA i0 B,K OF MGHER ELEVATION AND FROM PUBLIC STREETS AK GSEMEMIS. 0 EOT CANER SHALL CONNRS'M AATOOR NOTARY PUBLIC SUNFII Mrt E CONSTRUCTED AN FENCING OR OTHER OBSTRUCTIONS WTIICH WOULD IMPNR ME DRAINAGE EHMCFAELE,BY ANYLAFFEUTOLLai OWNS OR -11, OY FTHE,CLiY OF o 11, OKLWOMALM, IN THIS PAP GpAPH,E SHALL BE MY COMMISSOM EXPIRES: PANIC AMC UNDSCA.NG WRHM EASEMENTS (: RTIFI AT OF G IRVEY THE CAPHER OF Y ME T AFFECTED SHALL BE RESPONSIBLE FOR N E REPAIR OF BAKE TO USNRRCAPIHG AM P NC NECESSARY IN GN ORKN CT MES 0 BOUND WATER, SEWER, M SEWER. GNxAL GAS, @�E E ISTERFD PRO 9 S' NA LAND UAVEYOR, Iu M ' F OF GILA IgMA DO HEREBY CERTIFY THAT I HAVE CUM DEPICTED TRN. CABLE iHLEV510N DR ELECTRIC FAR S TIVE THE RESTIBCTED WATER LINE. SEWER LATE OR UTOY FASEMENL (CAR FIILE LY�EOAHD�ICCUMIELTGSLFIEYE P DEG, AND P THE tPACT SaFTLwO DESCRIBED ABFG AND THAT THE THE NILItt EPNCEONINTi,HLE USE PF/.SOX HLE CTiJ1ERINNTHE PERFORMNI E,F Ell SU[II KTN111F5 KUHOW pR TIDE SUPPLIER OF AGCOIMP�AIryINC PUT DEy6NA1E0 NEE. AS 'LIFE CHURCH ADORIONX i SUBD.11 IN ME CITY F OVASSO TULSA COUNTY, STATE RUE REPRESENTATION F ME SURVEY WALE o V USING GENERALLY ACCEPTED PRACTICES AND CEWAIAS MEElS OR EXCEEDS ME ONAGT MINIMUM STANDARDS FOR THE PNLTM:E OF LAND SURVEYNG. SIDEWALKS ARE REWIRED ROAD STYE oRESIGNATED BY AND IN KCORGNCE WITH EUBDAUURN REGVUTINS. REWIRED SID�ALKST SHALT E C.ONSMUIOTED IN FORMANCE MAN EFT IF OWASFSD ENGINEERING DESIGN 3TAOARDS. ME OWNER SMALL ROARED SIDEWALKS ALONG STREET FRWTACES E ER", MAT IS B[I ^IO PUTTED. t D PRFESION,AL LAID SURVEYOR OKWIOIA RE, 1562 SECTION II. ENFORCEMENT, DURAHON, AMENDMENT AND SEVERKILRY A ENORCEMEN ST ^E F OI4UNOW ) GET ME RESTRICTIONS HIEAEIH SET FORTH ARE LMEHANIS TO UN WITH ME LAND AND SMALL RE BNDNG UPOI THE COUNTY F OOAHOw ) 01YMER/DEVEOFER, HS SUCCESSORS AND ASSIGNS WI ME P BENS F SECTION L. G5E TS AND UOUHES ARE s FOREGOING LIMIT CATS OF SMAYEY WAS ACKNOWLEDGED BEMBE ME THIS_ GY F _11GERT�ETNEDYEMANTS AND THE ERFORCETKpRT RIONSNPERTANATGNIIHRE T0. AI BACCITiiOOFLYANONE CONENUANTS MTHIN 2011 R UT SPECBICAELY THEREIN SO STALED SHALL 1.1 ILKL RE [NFOItCEg&.E BY ME CIttTM OWA350, OKLAIOIAAU IF THE UNDEFROCK OWNER /BEYELOPER, OR ITS SUCCES_ OR A MS, SHALL VIOUE _HANTS HER ANY AININ DYMSSE. ONLAxOVA OR ANY OANER,C OF A SOT TO GNTAN RAND ACTION T SLAW OR IN EOUm ACSCIAG TIDE PERSONA OR PERSONS BY OR A'REMPTNG TO VIOTf AMY SCH COVFNAN {, TO PREVENT HM OR THEIR FROM SO CONC OR TO COMPEL NOTARY PUBLIC * CIRA WITH ME COVENANT. IR ANORJTMOf.V1 ACTIN BROUGHT BY AN OWNER OF A LOT WHICH ACTION SEEKS M ENFORCE RATS OR RESTAIDNS ORON OR TO 1-1 GMM:ES FOR ME BRIAN THEREF, THE PREVAILING My COMMISSION E%PNE PARTY SHAU WE ENMLED TO RECOVER,REASONABLE ATTORNEYS FEES AND COSTS ANO EXPENSES NCURREO N SUCH IRON. B. BURATIDN 6CLE21MCIL OF DEDICATION RY THE TTY COUNCIL THESE REST RICTIONS,,TO THE ENTCNT PERNNRED BY APPUGABLE LA SMALL BE PERPETUAL BUT IN INY EVENT SHALL BE IN P Ali RfSOVERHIN THE COUNCIL OF THE Citt F OYAS50, STATE OF OKVNOMA, ilNi ME DEOICAnON sHOwN ON THE FORCE ANMExO MOT LIS (J) Y RS IOM THE GTE of THE RECORDING F THIS EEO F } OF LIEF RCM ADDITION IS HEKEBY ACCEPT UNLESS TERMINATED OR AMENDED AS HEREIAFTER PRONDED. FB C. AMENDMENT AUDMIT BY ME COUNCIL OF ME 1BY F OWA550, OKLAHOMA, THIS GY OF 2011. THE -HANTS N INSTRUMENT SICIIEDWALONACKNORFEIDCOS BY E OIND UTILITIES G�BDE TOV Vrtu TIE'ANIK EHTAONNTERMINITBidNAls N BT TO BE APPLICABLE AND APPROVED N ME OWA550 PLANNING COMMISSION, BE RS SUCCESSORS AND THE Cltt OF O'RASSO. ORATOR F ME CRY F DWASDD CRY CLERK THE PRONSICNS OF ^NT INSTRUMENT ALBMONG OR TERMINATING CoKWNis K - Cl To- SHALL DE EFFECTNE FROA ANO 1 ER THE GE R IS PROFEEY RECOUEO CITY PLANNING C.OMMISSION APPROVAL 1. SEVERAOLItt CHANANN OF THE CITY PLANT ING COMMISSION FOR THE CRY OF OWKSO. OKIAHDG. DO HEEMf 0 M OF ANY RESTRIOTBM SET FORM HEREIN, OR ANY FORT T ENCODE BT K aR R IU..IN, OR SCREE F AN CERTIFY THAT ME SAID COMMISSION DULY APPROVES THE ANNEXED PLAT F "LIFE CHURCH ADDITION" ON THIS DAY OF BONN, W HTHE WISE. SMALL LOT INVALIGE EfEOR EDEN F THE OTHER RET.Cm ,OR ANY PART THEREOF AS SET 2011. HER 5 RFAAN IM n CERTIFICArE OF COUNTY CLERK ME INSTRUMENT HAS BEEN FILED IN THE OFFICE OF THE COUNTY CLERK F TULSA COUNTY. OKIAMENTA THIS _ 00 OF . 2011. CERTIFICATE OF COUNTY TREASURER &AA G THE RECOIDS PE U.- TREASURER FTUM COUNTY, RATE DF O DAA, DO HER- CERTIFY THAT I HAVE ACOMON AND FIND THAT ALL AR KORIN DOES - BEEN PAID MIT E LAND SHdVN AND AL DTILffR YEA PLAT OF LIFE CHURCH CERTIFICATE OF CITY CI FRK I CLEAN OF THE CITY OF GWASCG, STATE OF ORUAOW, IND HEREBY CERl1FY MAT HAVE ,NA MNFD ME NECU_ OF THE CIN AND FAR THAT ALL BEIKERANED PECMIYMEXIR OR UNINSURED INSTALLMEMIS ULAN SPECML ASSESS t CAVE BEEN PAID AND TAT MERE 5 ISSESSMEN PROCEDURES LOW PENDING AGAINST THE LAND SHOWN ME ANNE ED PUT OF LIFE CHURCH ADDIIIDM. LPL ClKT AWRION FOAL PLAT - 10'HRET 2 OF x Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com LIFE CHURCH LOCATION MAP N W E S 1/31/11 VAr+" The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: OA 11 -01 Maple Glen II DATE: February 1], 2011 BACKGROUND: Approximately 15 years ago, Owasso Land Trust (OLT) purchased 15 acres in the area that is being developed as Maple Glen, which was subsequently annexed into the City limits. At that same time, OLT was given an option to purchase an additional 15 acres from the same land owner; OLT exercised this option in early 2010. OLT's original master plan for this area included both the original 15 acres (Maple Glen 1) and the second 15 acre tract (even though it had not been purchased). Upon purchase of the second tract in 2010, OLT proceeded with platting and engineering on the property, resulting in Maple Glen 11. In moving forward with the development process for Maple Glen II, City and OLT staff became aware that the acreage contained within the second 15 acre tract had not been annexed into the City limits, as originally thought. The final plat for Maple Glen II was filed with Tulsa County on November 18, 2010. This retro- annexation request corrects this issue and allows the developer to move forward, complete the infrastructure, and obtain building permits on property that was reviewed by the City and designed to City Standards. SURROUNDING LAND USE /ZONING DESIGNATIONS: North: Single Family residential, Zoned RE South: Undeveloped land, Zoned AG (Tulsa County) West: Single Family Residential, Zoned OPUD 04 -04 East: Undeveloped land, Zoned AG (Tulsa County) DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoning The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review to the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split or lot tie. Lot splits or ties are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: As stated above, the requested annexation is necessary for the applicant to begin obtaining building permits for Maple Glen II, and to officially bring the development into the corporate limits of the City of Owasso. The request essentially is a retro- annexation and was clearly an oversight. Even though a portion of Maple Glen II was not within the city limits, the entire subdivision was designed to City standards and reviewed by all City departments prior to recording. Some infrastructure has been installed in Maple Glen II, but there have been no building permits issued or requested. All future phases of Maple Glen II that may fall within the 15 acre tract will be required to follow normal City development and review procedures. The project is served with Owasso sanitary sewer service, water by Washington County Rural #3, and Fire and EMS by the City of Owasso. ANNEXATION COMMITTEE: The Owasso Annexation Committee heard the request at their scheduled meeting on January 26, 2011 and had no objections and recommended OA 11 -01 be forwarded to the Planning Commission. PLANNING COMMISSION: The Owasso Planning Commission unanimously approved OA 11-01 at their regularly scheduled meeting on February 7, 2011. RECOMMENDATION: Staff recommends City Council approval of OA 11 -01. ATTACHMENTS: 1. Legal Description 2. Location Map R 14 E EAS7 167H S7FdEET NOR7H EXHIBIT 'A' T ./V Legal Description a 1A3 211 N Section 8, T -21 -N, R-1 4-E/ I. B. & M. EAST 1057H 37MU NOR7H Tulsa County, Oklahoma Location Map SAE: I•-20W Scale: 1*-400' z z POINT OF COMMENCEMENT NW CORNER OF SW/4 SEC. 8, T-21-N, k-14-E 011-10tted SOUTH LINE . . . ..... . .... . .... POINT OF BEGINNING SOUTH LINE NE/4 WL4' SOUTH LINE NW/4 SW 4 . ....... Legal Description A tract of land located in the West Half (W/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section Eight (8) of Township Twenty-one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.&M), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing at the NW corner of the SW/4 of Sec. 8, T-21-N, R-14-E, I.B.&M.; Thence S 1'24'50" E along the west line of said SW/4 a distance of 1320.54 feet to the SW corner of the NW/4 of said SW/4; Thence N 88*44'20" E a distance of 1323.48 feet to the SW corner of the NE/4 of said SW/4 being the Point of Beginning; Thence N 1*21'11" W along the west line of said NE/4 SW/4 a distance of 990.15 feet; Thence N 88*44'59" E a distance of 662.27 feet to a point on the east line of the W/2 of said NE/4 SW/4; Thence S 1'19'22" E a distance of 990.03 feet to the SE corner of said W/2 NE/4 SW/4; Thence S 88'44'20" W a distance of 661.74 feet to the Point of Beginning, and containing 15.05 acres, more or less. Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com MAPLE GLEN II ANNEXATION LOCATION MAP N W E S 1/17/11 OT cit�ui Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Change of the Special Exception Review Process Proposed Ordinance Adopting Zoning Code by Reference DATE: February 11, 2011 BACKGROUND: Over the last few months, staff introduced the idea of taking Special Exception uses, currently being heard by the Board of Adjustment (BOA), to the Planning Commission as Specific Use Permits. The Community Development Department currently allows certain uses believed to have unique or widely varying operating characteristics or unusual site development features to be permitted in base zoning districts as Special Exceptions, as opposed to those permitted "by- right". Currently, these Special Exception uses are approved or denied by the BOA rather than the Planning Commission. Once a decision is rendered by the BOA, no further action is taken by any public body on the item and the applicant may submit a site plan and subsequent building permit. As noted at the January 11, 2011 Work Session, Owasso's current method of handling Special Exception uses is problematic for several reasons. First, the BOA is a quasi - judicial board that does not operate under the authority of the City Council. Second, because the BOA is quasi - judicial, any appeals, whether from the applicant or citizens, may be disputed in District Court. For this reason, staff believes it is in the best interest of the City to require some of the uses currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits ". Specific Use Permit applications would be considered by the Planning Commission and the City Council, which would serve as a check and balance system. This would be beneficial given that the staff and the Planning Commission can require additional measures be taken to ensure the proposed use is of high quality and designed appropriately. Also, with a Specific Use Permit, the City Council would hear and approve or deny the item at their regularly scheduled meetings, thus ensuring a well reviewed application. PREVIOUS ACTION: At the January 11, 2011 and February 8, 2011 City Council Work Sessions, staff provided members of the City Council with proposed text amendments to the Zoning Code. These proposed amendments were also discussed at the January meeting of the Owasso Planning Commission, and were formally presented at the Commission's February 7, 2011 Regular Meeting, with time provided for the public to make comments regarding the proposal; no objections were expressed. The Planning Commission has provided a report to the City Council and is recommending City Council approval of the proposed amendments through re- adoption of the Owasso Zoning Code. PROPOSED ACTION: Staff recommends City Council approval of Ordinance No. 978, adopting by reference, the Owasso Zoning Code, as a part of Part 12, Chapter 2, Zoning Regulations. ATTACHMENTS: A. Planning Commission Report B. Ordinance No. 978 The City Wit oufi Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: The Owasso Planning Commission SUBJECT: Report from Planning Commission regarding a Text Amendment DATE: February 11, 2011 BACKGROUND: On February 7, 2011 the Owasso Planning Commission unanimously approved staff's recommendation of a text amendment to the Owasso zoning code that changes the approval process of use related Special Exceptions. The text amendment proposes to shift the review process of use related special exceptions to the Planning Commission, with ultimate approval by the City Council, and to change the name of these uses to Specific Use Permits (SUP). The proposed amendments affect the following Chapters of the Owasso Zoning Code: 3, 4, 5, 6, 7, 12, 13, 14, 15, and 17. RECOMMENDATION: The Planning Commission recommends City Council approval of the proposed amendments to the Owasso Zoning Code relating to the special exception process. CC: Charles Brown, Owasso Planning Commission Mark Callery, Owasso Planning Commission Marilyn Hinkle, Owasso Planning Commission Paul Loving, Owasso Planning Commission David Vines, Owasso Planning Commission CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 978 AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A PART OF PART 12, CHAPTER 2, ZONING REGULATIONS: TO -WIT: CHAPTER 1, TITLE, PURPOSES, INTERPRETATION, AND JURISDICTION; AND CHAPTER 2, GENERAL PROVISIONS; AND CHAPTER 3, AGRICULTURE DISTRICT PROVISIONS; AND CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT PROVISIONS; AND CHAPTER 6, COMMERCIAL DISTRICT PROVISIONS; AND CHAPTER 7, INDUSTRIAL DISTRICT PROVISIONS; AND CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9, OFF - STREET PARKING REQUIREMENTS; AND CHAPTER 10, NONCONFORMITIES; AND CHAPTER 11, ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13, AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15 TELECOMMUNICATION TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED COMMUNITIES; AND APPENDIX A, OWASSO PLANNING COMMISSION BYLAWS; AND APPENDIX B, OWASSO BOARD OF ADJUSTMENT BYLAWS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Title 1'l, Oklahoma Statutes, Section 43 -101 et seq. empower the City to engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying out the purposes of said acts; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, The Owasso City Council has appointed a Planning Commission which shall review all proposed Owasso Zoning Code amendments; and WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing relating to the adoption of this Zoning Code and conducted said public hearing on February 7, 2011; and WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this ordinance have been met; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION ONE (1): That there is hereby adopted by the City Council of the City of Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community in accordance with the adopted Land Use Master Plan; a Zoning Code known as the Zoning Code of the City of Owasso, Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and Jurisdiction; and Chapter 2, General Provisions; and Chapter 3, Agriculture District Provisions; and Chapter 4, Residential District Provisions; and Chapter 5, Office District Provisions; and Chapter 6, Commercial District Provisions; and Chapter 7, Industrial District Provisions; and Chapter 8, Planned Unit Developments and Overlay Districts; and Chapter 9, Off- Street Parking Requirements; and Chapter 10, Nonconformities; and Chapter 11, Enforcement; and Chapter 12, Board of Adjustment; and Chapter 13, Amendments; and Chapter 14, Definitions; and Chapter 15, Telecommunication Towers; and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities; and Appendix A, Owasso Planning Commission Bylaws; and Appendix B, Owasso Board of Adjustment Bylaws; and the whole thereof, and the same are hereby adopted and incorporated as full as if set out at length herein and from and after the effective date of this Ordinance and all provisions thereof, shall be controlling, as set out therein within the corporate limits of the City. That said Zoning Code is hereby adopted as Chapters 1 -21 and Appendices "A" and "B" of Part 12, Chapter 2, Zoning Regulations, of the Code of the City of Owasso, Oklahoma. 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 2, Zoning Regulations. PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of February, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form: Julie Lombardi, City Attorney The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 972 Nunc Pro Tunc DATE: February 11, 2011 BACKGROUND: On September 17, 2010 the rezoning case OZ 10 -02 for the TTC site was heard and approved by the City Council. Subsequent to the rezoning approval, ordinance No. 972 for OZ 10 -02 was approved by the City Council on the consent agenda at the October 5, 2010 City Council Meeting. On January 12, 2010 it was brought to our attention by staff at the Indian Nations Council of Government (INCOG) that the rezoning ordinance recorded for the site of Tulsa Technology Campus (TTC) contained an inaccurate legal description. In order to correct ordinance No. 972, staff has prepared a revised legal description and has included this description within a new corrective ordinance called nunc pro tunc - literally, "now for then." In order for the change to be effective, the nunc pro tunc ordinance must be approved, thereby replacing the previous ordinance that had an erroneous legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 972 Nunc Pro Tunc. ATTACHMENTS: 1. Legal Description 2. Ordinance No. 972 Nunc Pro Tunc f R 14 E £. 116TH STREET NORTH (STATE HWY 20) T N to N 21 a N N z z E. 1061-H STREET NORTH LOCATION MAP TRACT 4 A TRACT OF LAND SITUATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER (N /2 SE /4) OF SECTION NINE (9), TOWNSHIP TWENTY —ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID N/2 SE /4; THENCE S 88 °44'12" W ALONG THE NORTH LINE OF SAID N/2 SE /4 A DISTANCE OF 1057.80 FEET TO THE POINT OF BEGINNING; THENCE S 01021'08" E A DISTANCE OF 780.60 FEET; THENCE S 88 °43'56" W TO A POINT ON THE WEST LINE OF E/2 E/2 NW /4 SE /4 A DISTANCE OF 594.46 FEET; THENCE N 01020'01" W TO A POINT ON THE NORTH LINE OF E/2 E/2 NW /4- SE /4 A DISTANCE OF 780.56 FEET; THENCE N 88043'45° E ALONG THE NORTH LINE: OF SAID N/2 SE/4 A DISTANCE OF 594.21 FEET TO THE POINT OF BEGINNING. R 14 E E. 116TH STREET NORTH (STATE HWY 20) Li uj a ¢ T F F N 21 -` 9 N T E. 106TH STREET NORTH LOCATION MAP TRACT 5 A TRACT OF LAND SITUATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER (N /2 SE /4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID N/2 SE /4; THENCE S 88 °44'12" W ALONG THE NORTH LINE OF SAID N/2 SE /4 A DISTANCE OF 1057.80 FEET TO A POINT; THENCE S 88 °43'45" W ALONG THE NORTH LINE OF SAID N/2 SE /4 A DISTANCE OF 594.21 FEET TO THE POINT OF BEGINNING; THENCE S 01 020'01" E A DISTANCE OF 780.56 FEET, THENCE S 88 043'56" W TO A POINT ON THE EASTERLY RIGHT- -OF -WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF 817,45 FEET, THENCE N 01 019'15" W TO A POINT ON THE NORTH LINE OF THE N/2 SE /4 A DISTANCE OF 780.51 FEET, THENCE N 88 °43'45" E ALONG THE NORTH LINE OF SAID N/2 SE /4 A DISTANCE OF 817,27 FEET TO THE POINT OF BEGINNING. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 972 NUNC PRO TUNC AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -10 -02 CHANGING THE ZONING OF PROPERTY SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, TULSA COUNTY, OKLAHOMA, FROM AGRICULTURAL & COMMERCIAL SHOPPING DISTRICTS TO AN OFFICE MEDIUM ZONING DESIGNATION, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 10 -02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. The zoning classification of the following described property, to wit: TRACT 4 A tract of land situated in the north half of the Southeast Quarter (N /2 SE /4) of Section Nine (9), Township Twenty -One (2 1) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to wit: Commencing from the northeast corner of said N/2 SE /4; Thence S 88 °44'12" W and along the north line of said N/2 SE /4 a distance of 1057.80 feet to the point of beginning; Thence S 01 °21'08" E a distance of 780.60 feet; Thence S 88 °43'56" W to a point on the west line of E/2 E/2 NW /4 SE /4 a distance of 594.46 feet; Thence N 01 °20'01" W to a point on the north line of E/2 E/2 NW /4 SE /4 a distance of 780.56 feet; Thence N 88 143'45" E along the north line of said N/2 SE /4 a distance of 594.21 feet to the point of beginning. TRACT 5 A tract of land situated in the north half of the Southeast Quarter (N /2 SE /4) of Section Nine (9), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to wit: Commencing from the northeast corner of said N/2 SE /4; Thence S 88 114'12" W along the north line of said N/2 SE /4 a distance of 1057.80 feet to a point; Thence S 88 143'45" W along the north line of said N/2 SE /4 a distance of 594.21 feet to the point of beginning; Thence S 01'20'01" E a distance of 780.56 feet, then S 88 °43'56" W to a point on the easterly right -of -way line of State Highway 169 a distance of 817.45 feet, then N 01 °19'15" W to a point on the north line of N/2 SE /4 a distance of 780.51 feet; Thence N 88 143'45" E along the north line of said N/2 SE /4 a distance of 817.27 feet to the point of beginning; be, and the same is hereby zoned from AG Agriculture & CS Commercial Shopping Zoning District Designations to an OM Office Medium Zoning Designation. City of Owasso Ordinance No. 972 nunc pro tunc Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the property being rezoned. PASSED AND APPROVED this 15th day of February, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney The e City Wir".t Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Tim Doyle General Services Superintendent SUBJECT: Acceptance of FY 2009 -2010 Miscellaneous Vehicle Loop Detection System Improvements and Authorization of Final Payment DATE: February 11, 2011 The FY 2009 -2010 Capital Improvements Fund budget allotted $250,000 for the completion of a traffic signal study, the purchase of recommended hardware, and the installation service needed to coordinate the timing of identified signaled intersections that are no longer efficient. On April 20, 2010, the City Council accepted the Traffic Signal Enhancement Project and approved final payment to Midstate Traffic, Incorporated, bringing the total contract amount to $132,711. As a part of the original contract, the contractor was required to check the operation of all vehicular and pedestrian detectors and report any malfunctions in writing to the City of Owasso. As a result of the requirement, a report from the contractor revealed that multiple vehicle detectors at eight (8) intersections were in need of repair. City staff's intentions were to recommend a change order to City Council for the additional scope of work. However, given that the cost exceeded 10% of the total contract amount, Oklahoma state law required the City of Owasso to bid this additional work separately. In August of 2010, City Staff opened bids from two (2) contractors and presented a recommendation to City Council that the contact be awarded to Traffic Signals Inc. in the amount of $35,212.75 for the Miscellaneous Vehicle Loop Detection System Improvements. The City Council awarded the contract on August 17, 2010. Public Works staff, along with the contractor, has worked diligently to ensure that a quality product was produced. Traffic Signals Inc. has presented City staff with a final pay request in the amount of $1,758.50 which will bring the total, completed, contract price in at $35,170, resulting in an under run of $42.75. FUNDING SOURCE: Funding for this project is included the FY 2010 -2011 Capital Improvements Fund Budget RECOMMENDATION: Staff recommends City Council acceptance of the Miscellaneous Vehicle Loop Detection System Improvements and authorization for final payment to Traffic Signals Inc. in the amount of $1,758.50, bringing the total contract amount to $35,170.00. ATTACHMENT: A. Site Map B. Final Pay Request W O A oc 0 2 W 3 w J F J Q Z U MISCELLANOUS VEHICLE LOOP DETECTION SYSTEM IMPROVEMENTS AT VARIOUS LOCATIONS - FY 2009 -2010 CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT fy 126th ST N ATTACHMENT A 126th ST -N Lu Lu ENGINEERING DIVISION m araffic Oignals anc. (405) 341 -3101 FAX (405) 348 -7489 'Sold To: CITY OF OWASSO P.O. BOX 180 OWASSO, OK 74055 Terms: ON RECEIPT PO Number: ATTACHMENT B BILLING Billing #: 11769 Billing Date: 1/12/11 Due Date: 1/12/11 Job Name: LOOPS AT VARIOUS INTERSECTIOl' Our Job #: 1030 Contract #: Description: ,Ic,.._3co lc —CC:3 PC � �%� � I COL-7q -�-►� T ' r Retention Billing for Job: 1030 - LOOPS AT VARIOUS INTERSECTIONS IN OWASSO, OK Original Contract: 35,212.75 Prior Billings: 35,170.00 Change Orders: 0.00 Prior Retention: 1,758.50 Current Contract: 35,212.75 ti 0 Please Remit the Following Retained Amount: Final Retention Billing MAILING ADDRESS: PO, Box 30067 • Edmond, Oklahoma 73003 -0002 SHIPPING ADDRESS: 6600 Boucher Drive • Edmond, Oklahoma 73034 $1,758.50 APPLICATION AND CERTIFICATE FOR PAYMENT Page One of 5 TO: (Owner) h e C�� G� OW09S6 Contract Date: Application Date: 111.2-111 FROM: (Contractor) Period To: / is "'G S i'q pals; Distribution To: Owner )Q0 60y—' 3004-7 Architect 6:4 0k- 7300--?---0(3`a Contractor PROJEC 1 e_ 'n •eoccs ve !-� •c Engineer 1- r"Y�P�oJemer���5- CONTRACT FOR: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. I. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (Line I & 2) M 5. $ 33 Total Completed & Stored to Date $ z;1 S I — (Column G on Continuation Sheet) Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $ 6. Total Earned Less Retamage (Line 4 less Line 5 Total) 7. Less Previous Certificates for Payment $ 33 S 0 AGREEMENT 0710 00300 - Page 8 of 15 0 0 F-, F. 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number ADDITIONS 111 $ /7!5 gf 5 y DEDUCTIONS 0 N Date Approved TOTALS $ $ Net Change by Change Orders $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for I Work for which previous Certificates for Payment were issued and payments received from the Owner, a that urrent payment shown herein is now due. • MAWAM• I: STATE OF OKLAHOMA 1 ) SS COUNTY OFrc,ho rn ) Date: Subscribed and sworn to before me this %,P-�day of o2o l/ 4k' YANH'gp °��o oT ry . % (SEAL) ±N�qF ow EXP.14106111 a �` My Commission Expires: Notary Public AGREEMENT 0710 00300 - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect /Engineer certifies to the Owner that to the best of the Architect /s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ 110 (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENGINEER: By: Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. K , AGREEMENT 0710 00300 - Page 10 of 15 A 1 1 C'CINTWI TATIC)N gTNFFT Page 7 of� Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. A B C D E (cont) ITEM DESCRIPTION SCHEDULED WORK COMPLETED WORK COMPLETED FROM PREVIOUS NO. OF WORK VALUE THIS PERIOD APPLICATION J 4 & -3 /ao p i6 Doo. 00 a7� 666 , C-i) a & k 3o LtrJ / 6cu. co el do, ao — 3 4, r< 4, C c p -7 a 60 ua �-- C 3' NeLo Loo Sao. 6b S52,0, U 7 Tyne --T ,It 6 G� ct) 9 oa 00 — T�j a e IT 9 c-� !( r", `3sa- -30 cz) — (cont) F G H I R E) MATERIALS TOTAL COMPLETED BALANCE PRESENTLY STORED AND STORED o �o TO FINISH RETAINAGE (NOT IN D O TO DATE (G /C) (C -G) (D + E+ D S. I -X- cz) J oc)% v NOTE: At bottom of each column, run totals. AGREEMENT 0710 00300 - Page 1 I of 15 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) COUNTY OF Z �Cjal -� o-- )SS The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor dopAed, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, o icer, r employee of the State, County, or City of money or any other thing of value to obtai pay nt or-the award of this contract. or Supplier Subscribed and sworn to before me this / day of a ' Notary Public �%�pTi4iPr� o' # 07011584 } f Commission # v701 15 q1Cp ? N EXP• 12JO6111 My Commission Expires: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of , Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEMENT 0710 00300 - Page 12 of 15 —The City, wit�out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Tulsa County Urban County Community Development Block Grant (CDBG) Request for Assistance, Public Hearing on Proposed Projects, and Agreement with Tulsa County DATE: February 11, 2011 BACKGROUND: The Community Development Block Grant (CDBG) Program provides federal funds to eligible units of local governments to address community development needs. CDBG regulations permit counties who meet the threshold of a total combined population of 200,000 or more (excluding metropolitan cities) to qualify as an urban county to receive a direct federal allocation of CDBG funds. Beginning in 2008, Tulsa County qualified for entitlement status with HUD to receive CDBG funds as an Urban County. The qualification period is for a renewable three -year period. The City of Owasso and eight other Tulsa County incorporated places participate as members of the Tulsa County Urban County. Advantages for the urban county designation for Tulsa County include an annual allocation of CDBG funds to the county and flexibility in program design. Cities of less than 15,000 in population and counties are eligible for assistance only on a statewide competitive basis through the Oklahoma Department of Commerce. Cities with populations between 15,000 and 50,000 receive an annual allocation from the Oklahoma Department of Commerce under the Oklahoma Small Cities category. Cities with populations of over 50,000 are awarded entitlement status by HUD and receive a direct annual allocation of CDBG funds from HUD. PROPOSED RESOLUTION: The annual funding amount for the Urban County is dependent upon the annual appropriation level of the program and the number of participating local governments. The amount of funds available for FY 2010 for the City of Owasso is $106,555. In order to receive these funds, the City of Owasso must pass a resolution requesting assistance through Tulsa County Urban County and affirming the City's commitment to facilitating the receipt and administration of any awarded funds. PUBLIC HEARING REQUIREMENT: Another requirement for receiving CDBG assistance through the Tulsa County Urban County is for the City Council to conduct a public hearing in order to solicit citizen comments about how CDBG funds should be utilized. Staff recommends using a portion of the funds for the following projects: Improvements to the Rayola Park trail ➢ Improvements to the Rayola Park drainage channel ➢ Decorative lighting for the Rayola Park trail Staff intends to hold a public hearing at the February 15, 2011 Regular Meeting of the City Council in order to receive citizen comments relating to CDBG funds and proposed projects. AGREEMENT WITH TULSA COUNTY: In addition to passing a resolution relating to CDBG funding and conducting a Public Hearing on proposed projects, the City of Owasso must also enter into an agreement with Tulsa County in order for the funds to be disbursed. The proposed agreement has been attached and outlines the total funding being received by the City of Owasso and the terms and conditions of use of this funding. Because of the size and scope of the Rayola Park Improvements, the City is combining 3 years of CDBG funding into one contract for FY 2008, FY 2009, and FY 2010. Any unused balance from the FY 2010 amount $106,555, will be used for another qualifying project. The Indian Nations Council of Governments (INCOG), the agency who administers the CDBG program, indicated that this is appropriate and will not be an issue. RECOMMENDATION: Staff has placed three items relating to the Community Development Block Grant program on the agenda, and recommends the following action: ➢ City Council approval of a Resolution 2011 -03, requesting assistance through Tulsa County Urban County and affirming the City's commitment to facilitating the receipt and administration of any awarded funds. ➢ City Council to conduct a Public Hearing relating to CDBG funds and proposed projects. ➢ City Council approval of a Contract for Public Improvements for Community Development Block Grant (CDBG) funds between the City of Owasso and Tulsa County. ATTACHMENTS: A. Resolution 2011-03 B. Notice of Public Hearing C. Contract for Public Improvements for Community Development Block Grant Program CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2011 -03 A RESOLUTION RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2010 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93-383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2008 -2010; and NOW THEREFORE, BE IT RESOLVED by the Owasso City Council that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the Owasso City Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. Approved this 15th day of February, 2011 at a regularly scheduled meeting of the City of Owasso, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001) City of Owasso, Oklahoma Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney NOTICE OF TULSA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT OWASSO FY 2010 NEEDS PUBLIC HEARING A Public Hearing will be held at 6:30 p.m., February 15, 2011 in the City Council Meeting Room at 109 North Birch, Owasso, to receive recommendations on community development needs for the City of Owasso as a member of the Tulsa County CDBG Urban County. Tulsa County is expected to receive $1,394,991 in FY 2010 CDBG funds from the Department of Housing and Urban Development. The amount of these funds allocated to the City of Owasso is $106,555. Citizens are requested to participate in the Hearing and express their views on community development needs and on the allocation of these funds within the City of Owasso. Recommendations received will be considered by the Owasso City Council, the CDBG Urban County Policy Committee and the INCOG staff in developing Owasso's annual Metro City application. Comments or proposals, where feasible, will be incorporated into the FY 2010 application. Anyone requiring special accommodations pursuant to the Americans with Disabilities Act should notify Brian Dempster at 918/376 -1500. Contract For Public Improvements For Community Development Block Grant Program This Contract for Community Development Block Grant ( "CDBG ") funds is made and entered into this day February, 2011 by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). This Contract shall be in effect the 1st day of January 2011 and shall be in effect through the 31st day of December, 2011. The Contract period may be extended by mutual agreement of both parties. WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, a Cooperation Agreement between the County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2008 -2010; and, WHEREAS, the City desires to enter into a Contract with Tulsa County, as lead entity of the Tulsa County Community Development Block Grant Urban County Program (CFDA 14.21) pursuant to Title I of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY2008, 2009 and 2010 Tulsa County CDBG Urban County funds for the purpose of public improvements; NOW THEREFORE, the parties do mutually agree as follows: I. Scope of Services The City shall be responsible for the oversight of a project titled "Improvements to Rayola Park" to meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth herein. The City agrees to perform those duties, obligations, and representations contained in its application to Tulsa County and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by Tulsa County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. II. Budget The City shall be allocated Tulsa County CDBG Urban County funds from the following fiscal years: FY2008 $ 96,429 FY2009 $ 99,106 FY2010 $106,555 III. Method Of Payment a. Payment will be made 1 paid invoices basis or The City shall submit program administrator, Tulsa County. o the City on either a reimbursement of submission of actual payable invoices. a "Request for Funds" form to the INCOG, for approval and payment by b. City will maintain proper financial records for the project, which the County reserves the right to inspect on a periodic basis. C. In no event will the total compensation to be paid hereunder exceed the expressly agreed maximum sum of Three Hundred and Two Thousand and Ninety dollars ($302,090) for all services required. V. Reversion of Assets After reconciliation of the project books and submittal of remaining unpaid claims to the County, the City shall return any unused CDBG funds within 30 days of the date this agreement terminates or expires. GENERAL TERMS AND CONDITIONS Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this agreement. in no event will the City incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies a. In the event the parties fail to agree on interpretations of this contract, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendations forwarded to HUD, who shall make the final determination. b. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the City that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause City shall, within limitations placed on such entities by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property which injury or damage is legally determined to be caused by any act or omission of City committed within the performance of its duties under this contract. City shall, within limitations placed on such entity by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Laws, to the extent such claims arise out of acts committed in furtherance of this contract. In any agreement with any sub - recipient or any agent for City, City will specify that such sub - recipient or agents shall hold harmless the United States government, its agents, officers, and employees, and the County its agents, officers and employees for all the herein before described expenses, claims, actions, or amounts recovered, which is legally determined to be caused by this sub - recipient or agent in the performance of their duties relating to this contract. Personnel a. The City represents that it will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. b. The City has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the City shall fail to fulfill in a timely and proper manner his /her obligations under this contract, or if the City shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving written notice to the City of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In such event, the City shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not withstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City. Termination of Contract for Convenience Either the City or the County may terminate this contract at any time by giving at least 15 days notice in writing to the other party. If the contract is terminated as provided herein, the City will be paid for the services provided and all allowable expenses incurred up to the termination date. Conflict of Interest No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any function or responsibility in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the City shall take appropriate steps to assure compliance. Interest of City and Employees The City covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The City further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information The City, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. City shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The City shall comply with all applicable laws, ordinances and codes of the state and local governments. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the City. Records and Audits City shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least five (5) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. City shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, the U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The City shall comply with OMB circulars A -110 and A -122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. The City shall provide a copy of its annual audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Federal Funds in Excess of $500,000 If the City expends $500,000 or more in a year in Federal awards from all sources, the City shall comply with OMB circular A -133 requirements and have a Single Audit conducted. This OMB circular is hereby made a part of this contract. The City shall provide a copy of its A -133 audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Anti - Kickback Regulations The City shall comply with all applicable anti - kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The City shall comply with the following equal opportunity requirements as part of CDBG assurances: a. Civil Rights Act of 1964, Title VI City shall comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. b. Housing and Community Development Act of 1974, Section 109 City shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. C. Housing and Urban Development Act of 1968, Section 3 City shall comply with Section 3, which provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower- income residents of the unit of local government or metropolitan area (or non - metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the same metropolitan area (or non - metropolitan county) as the project. d. Affirmative Action City shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub- part J. Affirmative Actions steps include, but are not limited to, the following: Including qualified small, minority and women business enterprises on solicitation lists. 2. Assuring that small, minority and women business enterprises are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority and women business enterprises. 5. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. Labor Standards a. The City shall comply with the requirements of Davis -Bacon Act (40 USC Section 276a- 276a -5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The City further certifies that it shall include in its bidders' packages the U.S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required. b. Copeland (Anti- Kickback) Act (18 USC Section 874, 40 USC Section 176c), which applies to all contracts covered by Davis - Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; C. Contract Work Hours and Safety Standards Act (40 USC Section 327, et seq.) which requires overtime compensation. Regulations are at 29 CFR, Part 5. Acquisition and Relocation Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended (P.L. 91 -646, P.L. 100 -17) Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. Age Discrimination Act of 1975 City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. Americans With Disabilities Act of 1990 City shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. Rehabilitation Act of 1973, Section 504 City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. IN WITNESS WHEREOF, the City and County have executed this contract as of the date first written above. City of Owasso, Oklahoma By , City Manager ATTEST: City Clerk Approved: City Attorney Tulsa County Board of Commissioners By Chair ATTEST: County Clerk Approved: District Attorney V OT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: Youth Sports User Agreement - Soccer DATE: February 11, 2011 r e13�I�1>tLi�1 For many years now the City of Owasso has taken the position that it will provide the venues for youth sports, but will not organize and operate them. In other words, the City builds the fields, but youth sports user groups handle registration, scheduling, concessions and other organizational details, This has been a successful arrangement over the years, but with the tremendous growth of the community has come an even greater growth of youth sports participants. Over the past 20 years, Owasso has grown from a population of 11,800 in 1990 to almost 30,000 today within our city limits and almost 45,000 within our fence line. This rapid growth has led to an ever growing investment in youth sports facilities. In 2010, the Quality of Life Initiative led to discussions about funding a build -out of the Sports Park or providing other youth sports venue improvements. Such discussions led to questions concerning the stewardship and care of existing youth sports fields and facilities, as well as the type of care that could be anticipated for future investments. Realizing that the City's youth sports user group agreements and contracts had either lapsed or lacked needed standards and requirements, staff began to seek ways to adjust current agreements in order to increase accountability on the part of the user groups regarding the maintenance and improvement of playing fields and transparency in the disclosure of financial information, In summary, City staff believes that extending requests for proposals to sports facility user groups will allow the City to: 1) Enter into more structured contractual agreements with sports facilities user group organizations 2) Achieve financial transparency in the operation of the City's sports venues 3) Achieve better fiduciary responsibility to the City's constituent taxpayers In December 2010, the City Council approved a user agreement for the operation of a youth baseball program utilizing city owned facilities. At that time, it was publicly discussed that staff intended to seek new user agreements for youth soccer and youth softball, Shortly thereafter, and in anticipation of the spring soccer season, the staff began developing a new user agreement for the City's soccer facilities, using similar language from the new baseball user agreement and information obtained during discussions with the current user group. REQUEST FOR QUALIFICATIONS: The City Staff developed a Request for Qualifications seeking qualified individuals or organizations interested in the administration of soccer activities at the Owasso Sports Park and maintenance of all soccer facilities. This request for qualifications was made available to anyone who had expressed any interest in managing the sports facilities whether individual or groups. The request for qualifications asked for respondents to demonstrate their experience in organizing leagues and tournaments, and their ability to provide for the upkeep of the soccer fields and facilities located within the Owasso Sports Park, The Owasso Soccer Club was the only respondent to submit their documentation of experience. COMMENT: The Owasso Soccer Club has a proven track record of organizing and operating youth soccer leagues and tournaments in Owasso. In addition, the Owasso Soccer Club has annually contributed towards field maintenance and improvements without specific language in their user agreement requiring them to do so. The City has had a good relationship with the Owasso Soccer Club and has monitored the club's investment in the soccer facilities. It is the staff's opinion that the City owned soccer fields are in considerably better condition than when the Owasso Soccer Club began their operation. PROPOSED USER AGREEMENT: The proposed user agreement between the City of Owasso and the Owasso Soccer Club includes specific requirements intended to define a clear understanding of the responsibilities of the user group; and more importantly, creates accountability to the taxpayer that their investment in youth soccer fields will be reciprocated by the user group's commitment to use a significant percentage of their revenues toward field maintenance and improvements to the venue. The proposed agreement has been reviewed by the Owasso Soccer Club and City representatives; a final copy of this agreement will be provided to the Council prior to the meeting via email. The agreement will be for a five year term. The Owasso Soccer Club will commit 45% of net registration revenues towards field maintenance and improvements and will offer a diversity of recreational and competitive youth soccer teams. In addition, the Owasso Soccer Club will provide an annual financial report to the City detailing the organization's revenues, expenses, and disbursements. Additionally, the agreement outlines maintenance standards for the soccer fields and requires regular inspections by a third party to ensure those taxpayer assets are maintained to the required standards. A copy of the proposed agreement is attached to this memorandum for your review and consideration. RECOMMENDATION: Staff recommends City Council authorization for the City Manager to execute an agreement between the City of Owasso and the Owasso Soccer Club, for the purpose of managing City, of Owasso soccer facilities and activities. OCi ty Wiut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney J. Ray City Manager SUBJECT: Sales Tax Watchdog Policy - Amendment DATE: February 11, 2011 BACKGROUND: The Owasso Sales Tax Watchdog Committee was initially formed as part of the 1988 sales tax extension bond election. It is the duty of the Watchdog Committee to monitor the use of funds provided by the "third penny" sales tax. The committee is charged to report to the pubic whether or not funds from the "third penny" are spent in a manner consistent with the Resolution(s) approved by the City Council identifying the prioritized projects eligible to receiving funding from the Capital Improvements Fund. In May 1991, the Owasso City council adopted a policy statement relating to the Owasso Sales Tax Watchdog Committee, providing the minimum criteria for appointments to the committee from certain pre- determined vocations. In April 2004, following the October 2003 election to remove the expiration date of the third penny, amendments to the policy statement were approved by the City Council. These amendments further defined each representative group, outlined the process for filling vacancies within the membership, and clarified when a member ceases to hold a membership position. Following the July 2010 Sales Tax Watchdog Committee meeting, a review of the committee's attendance record revealed that several appointees had indeed missed the maximum number of allowed absences as noted in the policy statement. The statement reads that a vacancy in any appointed position is declared when any appointee is absent from one -half of all regular or special meetings in any twenty -four consecutive month period. For the past several years, the Watchdog Committee has met only two times per year, once in January and July. Therefore, by strict definition of the policy statement, a committee member who misses one meeting in one year and another meeting the following year can be removed from the committee. PROPOSED AMENDMENT: In order to remain sensitive to unforeseen circumstances that dictate when a committee member must miss a meeting, the staff is proposing an amendment to the attendance policy language. The proposed amendment would change the attendance policy to read "any appointee absent from more than one -half of all regular or special meetings in any twenty -four consecutive month period." The proposed language change was discussed during the January 24, 2011 Sales Tax Watchdog meeting. No objections to the proposed amendment to the Sales Tax Watchdog Committee Policy Statement were expressed by the committee members. RECOMMENDATION: The staff recommends City Council approval of an amendment to the Sales Tax Watchdog Committee Policy changing the meeting attendance requirement to read "any appointee absent from more than one -half of all regular or special meetings in any twenty -four consecutive month period." ATTACHMENTS: A. Revised Policy Statement POLICY STATEMENT (revised) OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA FEBRUARY 15, 2011 The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals from the representative group as well as from at large are appointed to this committee by the Mayor and confirmed by the City council. Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for the future appointments to the Owasso Sales Tax watchdog Committee. 1. Each appointee must be a resident within the area defined a the Owasso fenceline and /or school district (herein referred to as the "service area ") and must not be presently serving in any elective or other Council appointed position with the City of Owasso; 2. NEWS MEDIA APPOINTMENT - An individual who conducts media - related activities within the service area as their primary career or business; 3. RETAIL BUSINESS APPOINTMENT - An individual who operates a retail outlet, that being a business conducting direct sales to the public within the service area; 4. SERVICE BUSINESS APPOINTMENT- An individual who operates a service business, that being a business providing direct services to the public within the service area; 5. EDUCATION APPOINTMENT - An individual employed by and actively engaged in an Owasso school, either as an administrator or a teacher, and who resides in the service area; 6. RECREATION APPOINMTENT - An individual who is an active member of an organized group promoting the development of amateur sports and recreation in the service area; 7. BUILDING INDUSTRY APPOINTMENT- An individual who is engaged in real estate improvement consisting of construction and /or development and having his /her primary business within the service area; Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011 8. SENIOR CITIZEN APPOINTMENT - An individual who has attained the age of 60 years or more and who resides within the service area; 9. FINANCIAL APPOINTMENT - An individual who is an officer or employee of a financial institution engaging in banking, the brokerage of stocks or bonds, or other major financial activity within the defined service area; and, 10. MEMBER AT LARGE APPOINTMENT - An individual who is a resident within the service area. The Sales Tax Watchdog Committee shall consist of fourteen (14) members selected from the following: News Media Retail Business Service Business Education Recreation Building Industry Senior Citizen Financial Members at Large One Position Two Positions Two Positions One Position One Position One Position One Position One Position Four Positions A vacancy is any appointed position is hereby declared to exist upon the occurrence of any of the following events, to -wit: Any appointee absent from more than one -half of all regular or special meetings in any twenty -four (24) consecutive month period; 2. Any appointee who moves his /her residence out of the service area; or, 3. Any appointee who is no longer employed or engaged in the category from which he /she was appointed. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist by the City Council, the City Council shall appoint an individual possessing the requisite qualifications to serve from the respective category on the Sales Tax Watchdog Committee. The Sales Tax watchdog Committee shall meet not less than two (2) times per fiscal hear. Such two regular meetings are hereby set for the fourth Monday of January and the fourth Monday of July, and thereafter the fourth Monday's in January and July of each succeeding year thereafter. Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011