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Home My WebLink About2003.03.18_City Council Agenda The Mayor will present a Certificate of Election to Councilor Craig Thoendel, who has been elected to a three-year term from Ward 1; and Councilor-elect Steve Cataudella, who has been elected to a three-year term from Ward 2. 5. Presentation of Certificates of Election. Mayor Helm L Call to Order Mayor Helm 2. Invocation Mr. Mitchell Pride Owasso High School 3. Flag Salute 4. Roll Call AGENDA Marci Hall 4:00 on Notice and agenda filed in the office the City and posted at Friday, March 14, 2003, Community Center Regular March 18, 2003 6:30 p,m. Council Chambers, MEETING: DATE: TIME: TYPE PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL The staff recommends City Council approval to renew the existing interlocal agreement as required by the Attorney General of the State of Oklahoma. C. Action Relating to Resolution 2003-02, Renewing City of Owasso Participation in the Regional Enhanced 911 lnterlocal Agreement. Attachment #8-C B. Approval of Claims. Attachment #8- B A. Approval of Minutes of the March 4, 2003 Regular Meeting and March 11, 2003 Special Meeting. Attachment #8-A 8. Consideration and Appropriate Action Relating to a Request for 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 consent by request. A motion to adopt the Consent Agenda is non-debatable.) Fifth grade students Mariah Brown, Third Place, Bailey Elementary School; Aileen Gunter, Second Place, Northeast Elementary School; and LeAooe Layton, First Place, Northeast Elementary School; will read their essays. Mayor Helm will present certificates to them on behalf of the City Council. 7. Presentation of Essay "Why I Love America" by Winners of Owasso Sertoma Club's National Heritage Month Essay Contest. Mr. Ray The City Manager will recognize and make a presentation to the Employee of the Month. 6. Recognition of Employee of the Month. Mr. Ray Owasso City Council March 18,2002 Page 2 The staff will recommend Council approval of a one year extension of a contract with the film of Crawford & Associates PC, Oklahoma City, OK, for auditing services for the fiscal year ending June 30, 2003. 10. Consideration and Appropriate Action Relating to the Extension of a Contract for Auditing Services for FY 2002-03. Attachment # 10 Ms. Bishop will present the 2001-2002 aooual audit to the Council, and staff will recommend the City Council "receive" and file the audit for review and information. 9, Consideration and Appropriate Action Relating to the Presentation of an Independent Audit of Financial Transactions for the General Fund and Other Funds for FY 2001-2002, and a Request for the Council to Receive the Audit Report. Ms Bishop Attachment #9 The staff recommends City Council approval of Ordinance #744, and authorization to execute any required documents. Action Relating to Ordinance #744, an Ordinance Modifying the Defined Contribution Plan of the Oklahoma Municipal Retirement Fund. See Attachment #8- D The staff recommends City Council approval of ordinance #743, and authorization to execute any required documents. Action Relating to Ordinance #743, an Ordinance Modifying the Defined Benefit Plan of the Oklahoma Municipal Retirement Fund. Attachment #8-D Owasso City Council March 18, 2002 Page 3 The Owasso Planning Commission has held a hearing on this request and recommends Council approval of the requested zoning. The staff concurs with the recommendation. 12. Consideration and Appropriate Action Relating to 02-03-01, a Request Rezone Property Located on the North Side of West Second Avenue, Approximately 1600 Feet West of the West Second Avenue and Main Street Intersection, from AG (Agriculture) to CG (Commercial General), Containing 1.019 Acres More or Less. Mr. Moore Attachment #12 Staffwill recommend that the City Council award the following Contracts: 1. Rayola Park -- Clip-N~Snip Professional Care (Lee Bartel) at $185.00 mowmg, 2 McCarty Park TnT Lawn (Brian Towers) at $120 per mowing (price includes alternate for mowing baseball fields); 3. Elm Creek Park - Clip-N-Snip Professional Lawn Care (Lee Bartel) at $215.00 per mowmg, 4. Ator Heights Park - Jerry Tucker at $72.00 per mowing, 5. Veterans Park (86th St) - TnT Lawn Care (Brian Towers) at $45.00 per mowing, 6. Main Street Right-of-Way (2nd St. to E. 86th St. N. - J.B. Stigall at $95 per mowing; 7. El Rio Vista Center Medians & Frontage - Jerry Tucker at $55.00 per mowing, 8. U.S. Highway 169 Right-of-Way - Lot Maintenance of OK. at $1625.00 per mowing. 11. Consideration and Appropriate Action Relating to Mowing Contracts for City Properties. Mr Roberts Attachment #11 Owasso City Council March 18, 2002 Page 4 The Owasso Annexation Committee and the Owasso Plaooing Commission have conducted hearings on this request and recommend Council approval of the requested aooexation. The staff concurs with the recommendation. 15. Consideration and Appropriate Action Relating to OA-03-04, a Request to Annex a 2.66- Acre Tract of Land, Generally Located on the North Side of East 96th Street North, Approximately 2640 Feet East of North 9ih East Avenue (Ward 2). Mr. Moore Attachment # 15 The Owasso Annexation Committee and the Owasso Plaooing Commission have conducted hearings on this request and recommend Council approval of the requested aooexation. The staff concurs with the recommendation. 14. Consideration and Appropriate Action Relating to OA-03-03, a Request to Annex a 30.54- Acre Tract of Land, Generally Located on the South Side of East 106th Street North, Approximately 1320 Feet East of North Garnett Road (Ward 2). Mr. Moore Attachment # 14 The Annexation Committee and the Plaooing Commission conducted hearings on this request and recommend Council approval of the requested annexation. The staff concurs with the recommendation. 13. Consideration and Appropriate Action Relating to OA-03-02, a Request to Aooex an 11.33-Acre Tract of Land, Generally Located on the West Side of North Garnett Road, Approximately 2640 Feet North of East l16th Street North (Ward 1). Mr. Moore Attachment #13 Owasso City Council March 18,2002 Page 5 The staff will recommend City Council approval of Ordinance #742, adding a definition to Part 12-404 of the City of Owasso Code of Ordinances. 18. Consideration and Appropriate Action Relating to Ordinance #742, and Ordinance Amending Part 12-404 of the City of Ow as so Code of Ordinances. Mr. Wiles Attachment # 18 On January 13, 2003, the Owasso Plaooing Commission denied a request to aooex a 20.65 acre tract of land, generally located on the east side of North 9ih East Avenue, approximately 2640 feet north of East 116tl1 Street North (Ward 1). The staff will recommend City Council approval of the requested aooexation. 17, Consideration and Appropriate Action Relating to an Appeal to the City Council of a Denial by the Plaooing Commission of an Aooexation Request. Mr. Moore Attachment #l 7 The Aooexation Committee and the Planning have conducted hearings on this request and recommend Council approval of the requested annexation. The staff concurs with the recommendation. 16. Consideration and Appropriate Action Relating to OA-03-05, a Request to Aooex a 150.51-Acre Tract of Land, Generally Located at the Southeast Corner of East 76th Street North and North 97th East Avenue (Ward 4). Mr. Moore Attachment #16 Owasso City Council March 18, 2002 Page 6 23. Adjournment 22. New Business (New Business is any item of business which could not have been foreseen at the time of posting ofthe agenda.) 21. Report from City Councilors. 20. Report from City Attorney. 19, Report from City Manager. Owasso City Council March 18, 2002 Page 7 The consent agenda included minutes of the February 18, 2003 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims, including an addendum: (1) General Fund $27,347.95; (2) Ambulance Service Fund $5,115.15; (3) E-911 Fund $!,982.54; (4) Capital Improvements Fund $64,075.90; (5) Capital Projects Grants Fund $155.01; (6) City Garage Fund $4,323.95; (7) Workers Comp Fund $1,159.06; (8) lnterfund Transfers $7,785.64; (9) Payroll $212,964.15; (10) City Garage Payroll $4,358.20; (11) Ambulance Payroll $10,883.65; (12) E-911 Payroll $2,791.31; (13) Workers Comp Payroll $2,054.64. Item C on the consent agenda requested approval and authorization for the Mayor to execute the appropriate documents which approve the collection of E-911 funds and remittance ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes ofthe February 18, 2003 Regular Meeting. B. Approval of Claims. C. Action Relating to an Agreement With Nu V ox Communications for the Collection ofE-911 Funds and Remittance of Same to the City of Ow as so. A quorum was declared present. STAFF Rodney J. Ray, City Manager Marcia Boutwell, City Clerk Stephen P. Gray, City Attorney ABSENT Gary Cochran, Vice Mayor - 13/2 Rebecca Armstrong, Councilor - 9/6 PRESENT Michael Helm, Mayor - 15/0 Susan Kimball, Councilor - 15/0 Craig Thoendel, Councilor - 8/0 ITEM 4: ROLL CALL Webelo Pack #897, Dragon Patrol, presented the colors and led in the flag salute. ITEM 3: FLAG SALUTE The invocation was offered by Pastor Glynis LaBarre of Owasso Disciples Christian Church. INVOCATION --- p.m. at Mayor Helm called the meeting to The Owasso City Council met in regular session on Tuesday, March 4, 2003 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, February 28, 2003. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 4, 2003 - 2 - Mr. McElrath said that the Owasso Historical Society has approached the City regarding the possibility of the City taking over the Historical Museum and Museum property. The Historical Society has experienced declining revenues and fewer members, making it impossible to keep the Museum open more than two days a week. The best solution appears to be for the City to assume ownership of the Museum, including the property, building and contents. In exchange for assuming ownership, the City would accept entire responsibility for operating expenses, including the cost of utilities, maintenance, upkeep, insurance, etc., and would forgive the $4592.17 debt owned for the land that the Society purchased from the City. The City would agree to provide an employee to locate at the Museum. That employee would be responsible for extending the operating hours and recruiting and coordinating volunteers. The employee would be assigned to the Museum in addition to his or her existing responsibilities. An Owasso Museum Advisory Board would be created for the purpose of advising the City Council and staff on decisions relating to the operation and development of the Museum. That Board would be comprised of the Mayor or his designee, the President of the Historical Society, the President of the Owasso Arts and Humanities Council, and two other members designated by the Owasso Historical Society Board of Directors. This advisory board would provide for Historical Society participation in the future operations and development of the Museum. Since the Owasso Historical Society lacks the resources to continue to expand, collaborating with the City would generate the support needed to maintain the continuity of its work. It was suggested that the proposed agreement be changed to reflect that the Advisory Board include the President of the Owasso Historical Society or designee and the President of the Owasso Atis and Humanities Councilor designee. That would give those bodies the flexibility of appointing someone other than the president to the advisory board if they so desire. Ms. Kimball moved, seconded by Mr. Thoendel, to approve the agreement, with the suggested modifications, transfen'ing ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT TO TRANSFER REAL PROPERTY FROM THE OW ASSO HISTORICAL SOCIETY TO THE CITY OF OW ASSO. Mr. Ed Wagner addressed the City Council regarding the dangers of cycling in Owasso without proper bicycle lanes on major roadways or without a proper trail system designed to handle on- street and off-road bicycles. Mr. Wagner requested the City's assistance in promoting the benefits of bicycling as an alternative means of transportation. He also requested that the City consider appointing a cyclist advisor to assist the City Plaooer regarding the plaooing of bicycle safety. Motion canied 3-0. AYE: Kimball, Thoendel, Helm. NAY: None of those funds to the City of Owasso. Ms. Kimball moved, seconded by Mr. Thoendel, to approve the consent agenda. March 4, 2003 Owasso City Council - 3 - Mr. WalTen said that Pat and Roger Bailey, owners of Bailey Equipment of Owasso, have offered to donate a new pole pmner to the Parks Department. The equipment would be added to the existing seasonal tool inventory and be used by parks personal to perform tree maintenance. Ms. Kimball moved, seconded by Mr. Thoendel, to accept the donation of a pole tree pmner from Bailey Equipment. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF DONATED EQUIPMENT. Ms. Worley announced that the equipment was on display and could be viewed following the meeting. Motion carried 3-0. AYE: Thoendel, Kimball, Helm NAY: None Ms. Worley presented the item. A citizen who wishes to remain anonymous has donated a portable sound system to the City to be used at city function needing portable equipment. The cost of the equipment was $2,004.14. Mr. Thoendel moved, seconded by Ms. Kimball, to accept the donated equipment. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE DONATION OF SOUND EQUIPMENT. Motion carried 3-0. AYE: Thoendel, Helm, Kimball NAY: None Mr. Thoendel moved, seconded by Mayor Helm, to table this item to the next regular City Council meeting. CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN APPEAL TO THE CITY COUNCIL OF A DENIAL BY THE PLANNING COMMISSION OF AN ANNEXATION REQUEST. M. . d3 0 ..lotIon carrIe ~ ~ . AYE: Kimball, Thoendel, Helm NAY: None ownership of the Owasso Museum and property to the City of Owasso, assumption by the City of Owasso of all operating responsibilities and expense of the Owasso Museum, and authorization for the Mayor to execute all documents relating to the agreement. March 4, 2003 Owasso City Council - 4 - Marcia Boutwell, City Clerk Michael Helm, Mayor Motion carried 3-0, and the meeting was adjourned at 7:05 p.m. AYE: Kimball, Thoendel, Helm NAY: None Ms. Kimball moved, seconded by Mr. Thoendel, to adjourn. ITEM 15: ADJOURNMENT None. ITEM 14: NEW BUSINESS. Mayor Helm asked John MowelY, a member of the Historical Society Board, to introduce the Society members present. Councilor Kimball thanked the members of the Society for all that they have done for the Museum and the City of Owasso. ITEM 13: REPORT FROM CITY COUNCILORS. No report. ITEM 12: REPORT FROM CITY ATTORNEY. Mr. Ray introduced Nancy Young who, in turn, introduced the Webelo Scouts and their leader, Debbie Walker. also introduced Councilor-elect Steve Cataudella and his family. The character trait for the month of March - Contentment - was introduced and discussed by Mr. Ray. Mr. Warren presented a framed certificate of appreciation to Mr. & Mrs. Bailey. He announced that the equipment could also be viewed following the meeting. Motion carried 3-0. AYE: Kimball, Thoendel, Helm NAY: None March 4, 2003 Owasso City Council the meeting was not called to to or a The Owasso City Council met in a special meeting on Tuesday, March 11, 2003 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p,m, on Friday, March 7,2003, OW ASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, March 11, 2003 CITY OF OWASSO CLAIMS TO BE PAID 03/18/03 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH DEPOSIT REFUND 40.00 PELICAN HOMES REFUND SEWER TAP 400.00 PELICAN HOMES REFUND WATER TAP 500.00 PELICAN HOMES REFUND BUILDING PERMIT 165.50 PELICAN HOMES REFUND ECON DEV 120.00 PELICAN HOMES REFUND MECH PERMIT 75.00 PELICAN HOMES REFUND ELECT PERMIT 75.00 PELICAN HOMES REFUND PARK DEV 150.00 PELICAN HOMES REFUND PLUMBING PERMIT '75.00 REFUND TOTAL TREASURER PETTY CASH CITY MGR EXPENSES 341.39 OFFICE DEPOT OFFICE SUPPLIES 11.75 OFFICE DEPOT OFFICE SUPPLIES 41.16 CITY GARAGE CITY OF OWASSO VEHICLE MAl NT 214.45 FUELMAN FUEL 124.26 AT&T WIRELESS JAN. PHONE USE-RAY 133.22 AT&T WIRELESS FEB. PHONE USE-RAY 133.85 TREASURER PETTY CASH REIMB PETTY CASH 14.00 OWASSO CHAMBER COMMERCE AWARDS LUNCHEON 450.00 ALBERTSONS TOWN HALL MEETING 36.95 TREASURER PETTY CASH STAFF TRAINING 48.29 IPMA ANNUAL MEMBERSHIP 299.00 MANAGERIAL DEPT TOTAL 1,848.32 TREASURER PETTY CASH MILEAGE-BISHOP 54.89 TREASURER PETTY CASH REIMB PETTY CASH 14.00 FINANCE DEPT TOTAL 68.89 ADMIRAL EXPRESS INC COPIER PAPER 209.90 OFFICE DEPOT OFFICE SUPPLIES 22.99 IKON OFFICE SOLUTIONS COPIER MAINT 372.66 CINTAS CORPORATION MAT SERVICES 26.00 GREENWOOD PERFORMANCE SYSTEMS JOB DESCRIPTIONS/PAY PLAN 5,000.00 STEPHEN P GRAY, ATTORNEY AT LAW LEGAL SERVICES 2,652.10 AMERICAN WASTE CONTROL INC REFUSE SERVICE 114.00 OKLAHOMA NATURAL GAS 02/03 USE 1,219.71 AEP/PSO 03/03 USE 1,282.39 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 221.58 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 74.40 SOUTHWESTERN BELL 03/03 PLEXAR 168.30 TREASURER PETTY CASH POSTAGE 6.00 TREASURER PETTY CASH BACKGROUND CHECKS 38.00 LOWES COMPANIES INC SUPPLIES 26.42 POLICE DYNAMICS INSTITUTE MATERIALS 695.00 LOWES COMPANIES INC SUPPLIES 14.13 A N Z SIGNS BANNERS 675.00 CHARACTER FIRST! MONTHLY BULLETINS 345.76 JP HOGAN INSURANCE REFUSE TRUCK INS 841.00 BEN MURPHY TORT CLAIM 165.00 ~ENDOR DESCRIPTION AMOUNT BRION HICKS TORT CLAIM 953.97 GENERAL GOVERNMENT DEPT TOTAL 15,124.31 UNIFIRST CORPORATION UNIFORM RENTAUCLEANING 43.68 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 181.07 FUELMAN FUEL 193.70 BURR KANNADY MILEAGE 29.56 BURR KANNADY INSPECTION SERVICES 250.00 DL l' SOLUTIONS AUTOCAD MAINT 268.00 NEIGHBOR NEWSPAPER ZONING NOTICE 178.20 TULSA COUNTY MIS DIAL UP SERVICE-FEB 40.00 METROCALL. 01/03 USE 29.24 AT&T WIRELESS SERVICES PHONE USE-WIL.ES 10.80 COMMUNITY DEVELOPMENT DEPT TOTAL RIDGWAYS OFFICE SUPPLIES 25.00 MAXWELL SUPPLY OF TULSA MARKING PAINT 71.68 FUELMAN FUEL 78.65 METRO CALL 01/03 USE 21.93 TULSA COUNTY CONSERVATION SEM I NAR-ST AGG/WILLlAMS 70.00 OKLA STATE BOARD OK ENGINEERING RENEWAL FEE-STAGG 96.00 ENGINEERING DEPT TOTAL A T& T WIRELESS PHONE USE-WillSON 10.80 INFORMATION SYSTEMS DEPT TOTAL MURPHY SANITARY SUPPLY RESTROOM SUPPLIES 30.55 OFFICE DEPOT OFFICE SUPPLIES 7.98 BAilEY EQUIPMENT SUPPLIES 73.85 UNIFIRST CORPORATION UNIFORM RENTAL 31.48 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 1,510.10 FUELMAN FUEL 573.98 FARM PLAN AIR TANK 29.88 LOWES COMPANIES INC MAINT SUPPLIES 148.81 SAV-ON PRINTING INC. SIGNAGE 24.00 BROKEN ARROW ELECTRIC LIGHT FIXTURES 88.00 MAILBOXES ETC BLUE PRINT COPIES 47.76 REDLEEINC JANITORIAL SERVICES 1,239.00 TREASURER PETTY CASH DOC LUNCHES 24.04 METROCALl 01/03 USE 14.62 AT&T WIRELESS PHONE USE-WHITE 41.39 US CELLULAR CELL PHONE USE 28.22 SOUTHWESTERN BELL 03/03 PLEXAR 218.87 SUPPORT SERVICES DEPT TOTAL 4,132.53 AEP/PSO 03/03 USE 15.08 CEMETERY DEPT TOTAL 15.08 HORIZON CONST CO INC DRAINAGE CHANNEL-10/15/02 75,287.22 HORIZON CONST CO INC DRAINAGE CHANNEL-10/15/02 25,320.43 CAPITAL PROJECTS DEPT TOTAL 100,607.65 OWASSO FOP LODGE #149 LEGAL DEFENSE 98.00 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 41.98 276.48 27.68 2.00 81.52 4.71 109.83 32.36 453.37 79.95 65.60 7.31 152.86 125.94 22.99 35.06 229.95 100.00 518.00 247.85 165.01 86.00 10.88 7,97 60,00 177.00 295.80 5.67 600.00 524.60 39.77 20.85 1,216.46 2,805.15 150.00 31.26 576.86 1,009.16 1,559.38 124.27 41.77 40.90 51.24 2,000.00 208.00 165.00 2,041.00 200.00 300.00 34.76 110.00 441.00 16,519.53 AMOUNT SHELTER SUPPLIES INK CARTRIDGE FILM PROCESSING SHELTER SUPPLIES MAINT SUPPLIES VEHICLE MAINT FUEL 03/03 USE THOMPSON'S GENERAL STORE WAL-MART COMMUNITY TREASURER PETTY CASH WAL-MART COMMUNITY LOWES COMPANIES CITY GARAGE CITY OF OWASSO FUELMAN AEP/PSO TONER CARTRIDGE PRISONER LAUNDRY SUPPLIES 01/03 USE POLICE COMMUNICATIONS DEPT TOTAL ONYX CORPORATION WAL-MART COMMUNITY METROCALL COPIER PAPER OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES FBI CARDS REFERENCE BOOKS K~9 EQUIPMENT UNIFORM BADGE PATCHES K-9 SUPPLIES MAiNT SUPPliES BATTERIES K-9 SUPPLIES AMMUNITION RUBBER GLOVES FILM PROCESSING EQUIP REIMBURSEMENT UNIFORM EQUIPMENT BALL MOUNT/HITCH BALULOCK HALOGEN BULBS VEHICLE MAINT FUEL RETAINER VEHICLE MAINT 02/03 USE 03/03 USE UNIFORM CLEANING 01/03 USE PHONE USE-YANCEY 03/03 PLEXAR POSTAGE STAMPS TRAINING-BROCK/COX/DRIVER/DENTON LODGING-COX LODGING-FUNK CHARACTER SEMINAR CONFERENCE ROOM RENTAL TRAINING-HARPER/YOUNT/JONES PER DIEM REIMBURSEMENT LODGING-R. NASH PER DIEM-DAVIS POLICE DEPT TOTAL ADMIRAL EXPRESS INC OFFICE DEPOT WAL-MART COMMUNITY ONYX CORPORATION CARDINAL PRESS DEPT OF PUBLIC SAFETY RAY ALLEN MANUFACTURING EMBLEM ENTERPRISES INC STRATHE VETERINARY SAMS CLUB WAL-MART COMMUNITY STRATHE VETERINARY OKLAHOMA POLICE SUPPLY ALLIANCE MEDICAL INC TREASURER PETTY CASH EDGAR PALES JR PATROL TECHNOLOGY WAL-MART COMMUNITY OKLAHOMA POLICE SUPPLY CITY GARAGE CITY OF OWASSO FUELMAN HOWARD STAMPER CITY GARAGE CITY OF OWASSO OKLAHOMA NATURAL GAS AEP/PSO YALE CLEANERS METROCALL AT&T WIRELESS SOUTHWESTERN BELL POLICE PETTY CASH UNIVERSITY OF TULSA BUDGET ZZZ MOTEL FOUNTAINHEAD RESORT POLICE DYNAMICS INSTITUTE BEST WESTERN CITY OF BROKEN ARROW POLICE PETTY CASH HOLIDAY INN EXPRESS TREASURER PETTY CASH DESCRIPTION VENDOR VENDOR DESCRIPTION AMOUNT METROCALL 01/03 USE 7.31 SOUTHWESTERN BELL 03/03 PLEXAR 40.90 ANIMAL CONTROL DEPT TOTAL 1,036.16 OFFICE DEPOT PRINTER 308.88 WAL-MART COMMUNITY OPERATING SUPPLIES 51.44 LOWES COMPANIES MAINT SUPPLIES 32.09 OFFICE DEPOT OFFICE SUPPLIES 45.98 NATIONAL FIRE PROTECTION HANDBOOK 141.91 TREASURER PETTY CASH REPAIR PARTS 19.49 FUELMAN FUEL 907,92 OKLAHOMA NATURAL GAS 02/03 USE 984.35 AEP/PSO 03/03 USE 461.68 METROCALL 01/03 USE 9.67 SOUTHWESTERN BELL 03/03 PLEXAR 211.84 JOHN BISHOP LODGING REIMB 100.00 BOBBY GOSVENER PER DIEM 189.00 SHANE MCNICHOL PER DIEM 196.00 SHANE ATWELL PER DIEM 196.00 TREASURER PETTY CASH REIMB TRAVEL-BISHOP 32.98 FIRE DEPT TOTAL 3,889.23 AEP/PSO 03/03 USE 17.14 SOUTHWESTERN BELL 03/03 PLEXAR 20.45 EMERGENCY PREPAREDNESS DEPT TOTAL TRUGREEN CHEMLAWN ICE MELT 1,350.00 APAC-OKLA INC STANDARD INDUSTRIES ROCK/ASPHALT 30.81 MILL CREEK LUMBER & SUPPLY REPAIR/MAl NT SUPPLIES 109.38 L & S TRUCKING HAULING CHARGES 720.00 RAINBOW CONCRETE CO CONCRETE 621.00 MAXWELL SUPPLY OF TULSA REPAIR/MAl NT MATERIALS 253.63 LOWES COMPANIES REPAIR/MAl NT SUPPLIES 14.10 HOLLIDAY SAND & GRAVEL SAND 269.25 UNIFIRST CORPORATION UNIFORM RENTAL 83.64 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 70.30 FARM PLAN WORK JEANS/BOOTS-FITCH 219.75 TULSA COUNTY BOCC STREET/STOP/SPEED SIGNS 1,110.50 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 955.03 FUELMAN FUEL 1,046.10 MAXWELL SUPPL Y OF TULSA SUPPLIES 633.00 AEP/PSO 03/03 USE 637.29 BAILEY EQUIPMENT REPAIR/MAl NT SUPPLIES 73.85 BAILEY EQUIPMENT REPAIR/MAl NT SERVICE 894.83 LENOX WRECKER SERVICE INC SERVICE CALLS 125.00 WORLD CLASS SECURITY LOCK REPAIR 30.78 METROCALL 01/03 USE 58.48 US CELLULAR CELL PHONE USE 30.89 SOUTHWESTERN BELL 03/03 PLEXAR 24.45 STREETS DEPT TOTAL 9,362.06 LOWES COMPANIES INC SNOW SHOVELS/PVC PIPE 34.05 LOWES COMPANIES INC SHOP HEATER/SALT 43.45 LOWES COMPANIES INC MAINT SUPPLIES 32.71 VENDOR DESCRIPTION AM.Q!lNT TREASURER PETTY CASH OFFICE SUPPLIES 10.13 FARM PLAN WORK GLOVES 26.98 UNIFIRST CORPORATION UNIFORM RENTAL/CLEANING 56.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 158.80 FUELMAN FUEL 175.42 BAILEY EQUIPMENT WEEDEA TERS 800.00 AEP/PSO 03/03 USE 476.99 METROCALL 01/03 USE 21.90 SOUTHWESTERN BELL 03/03 PLEXAR 74.31 OSU-OKLAHOMA CITY SEMiNAR~STAFF 140.00 TREASURER PETTY CASH REIMB PETTY CASH 7.00 WATER PRODUCTS INC WATER LINE SUPPLIES 5,500.02 PARKS DEPT TOTAL 1,551.16 MURPHY SUPPLY CLEANING SUPPLIES/MATS 286.45 AT&T WIRELESS SERVICES CELL PHONE USE-SR VAN 11.41 CHEROKEE BUILDING MATERIALS CEILING TILE 46.34 FALCON AUDIO INC PODIUM MICROPHONE 424.95 ROBERTSON PLUMBING SUPPLY INC PLUMBING REPAIR 87.68 T A YLORMADE LOCI( & KEY LOCK WORK 15.00 LOWES COMPANIES INC REPAIR/MAl NT PARTS 121.98 OKLAHOMA NATURAL GAS 02/03 USE 1,036.80 AEP/PSO 03/03 USE 471.17 SOUTHWESTERN BELL 03/03 PLEXAR 66.45 COMMUNITY CENTER DEPT TOTAL 2,568.23 FUELMAN FUEL 39.23 MAILBOXES ETC COLOR COPIES 158.01 AT&T WIRELESS JAN. PHONE USE-HAYES 82.53 AT&T WIRELESS FEB. PHONE USE-HAYES 82.98 ECONOMIC DEVELOPMENT DEPT TOTAL 362.75 GENERAL FUND TOTAL 166,481.76 - - MEDICAL COMPLIANCE SPECIALITY INC BIO-WASTE DISPOSAL 90.00 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 584.59 PACE PRODUCTS OF TULSA INC AMBULANCE SUPPLIES 117.00 MEDICAL COMPLIANCE SPECIALITY INC BIO-WASTE DISPOSAL 30.00 . JEFFERY GALLES DO EMS AUDITS 250.00 NATIONAL REGISTRY OF EMTS RECERTIFICATION FEES 130.00 OK STATE DEPT OF HEALTH EMERGENCY RECERTIFICATION FEES 130.00 AMBULANCE SERVICE FUND TOTAL 1,331.59 SOUTHWESTERN BELL E-911 1,992.94 E.911 FUND TOTAL 1,992.94 MONTGOMERY WATSON AMERICAS INC WATER MASTER PLAN EXPANSION 3,802.20 CAPITAL IMPROVEMENTS FUND TOTAL 3,802.20 - - INCOG MANAGEMENT ASSISTANCE 455.04 CAPITAL PROJECTS GRANTS FUND TOTAL 455.04 CINNABAR SERVICE COMPANY TITLE WORK 720.00 OKLAHOMA NATURAL GAS GAS VALVE RELOCATION-2/19/02 99,923.88 VENDOR DESCRIPTION AMOUNT BECCO CONTRACTORS INC 86/145 INTERSECTION 11/19/02 55,678.04 BOND PROJECTS FUND TOTAL 156,321.92 WELSCO INC CYLINDER RENTAL 18.41 UNIFIRST CORPORATION UNIFORM RENTAL 129.52 CITY GARAGE CITY OF OWASSO VEHICLE MAl NT 93.34 CLASSIC CHEVROLET REPAIR PARTS 107.92 AMERICAN HOSE & SUPPLY REPAIR PARTS 9.60 WILLIAMS REFUSE EQUIPMENT CO INC REPAIR PARTS 23.16 C & H BOLT & SUPPL Y REPAIR PARTS 17.16 FARM PLAN REPAIR PARTS 42.95 B & M OIL COMPANY INC OIULUBRICANTS 300.20 GENUINE PARTS COMPANY-OKLA REPAIR PARTS 613.05 CLASSIC CHEVROLET REPAIR PARTS 737.94 LENOX WRECKER SERVICE INC TOWING SERVICES 85.00 GREEN COUNTRY JOHN DEERE REPAIR PARTS 94.19 O'REILLY AUTOMOTIVE INC REPAIR PARTS 309.35 OKLAHOMA NATURAL GAS 02/03 USE 691.28 AEP/PSO 03/03 USE 590.86 METROCALL 01/03 USE 14.62 US CELLULAR CELL PHONE USE 28.22 PAVEYS PAINT & BODY SHOP PAINT VEHICLE 312.00 MILEAGE MASTERS TIRE REPAIR 154.48 T A YLORMADE LOCK & KEY LOCK WORK 30.00 CITY GARAGE FUND TOTAL 4,403.25 UNITED SAFETY & CLAIMS INC RISK MGMT"11/02 TO 06/03 1,417.67 PPO SOLUTIONS MEDICAL REVIEWS 27.57 TULSA BONE & JOINT ASSOC W11141 115.22 WARREN CLINIC INC 004122 51.12 MAYS DRUG 004122 31.52 HEAL THSOUTH HOLDINGS INC 004122 112.70 HEAL THSOUTH HOLDINGS INC 004122 207.53 HEAL THSOUTH HOLDINGS INC W11141 40.00 CENTRAL STATES ORTHOPEDIC S07082 52.04 WORKMED OCCUPATIONAL HEALTH J09082 72.34 TULSA INSTITUTE FOR RECONSTRUCTION 032902 37.87 SOUTHCREST HOSPITAL 003292 28.62 . DIAGNOSTIC IMAGING ASSOC 003292 17.31 TULSA BONE & JOINT ASSOC 004122 113.61 HEAL THSOUTH HOLDINGS INC 004122 225.40 WORKMED OCCUPATIONAL HEALTH G12112 113.57 WORKMED OCCUPATIONAL HEALTH J09082 193.73 WORKMED OCCUPATIONAL HEALTH J09082 30.38 MEDICAP PHARMACIES C01313 38.29 MEDICAP PHARMACIES G02113 14.69 TULSA BONE & JOINT ASSOC T08242 46.50 JOSEPH HARRIS SETTLEMENT-H04262 474.00 WORKERS COMP FUND TOTAL 3,461.68 GRAND TOTAL 338,250.38 5,866.73 25.00 4,880.65 961.08 REVENUE TRANSFER FROM GENERAL FUND REVENUE TRANSFER FROM AMBULANCE FUND REVENUE TRANSFER FROM AMBULANCE FUND TRANSFERS TOTAL CEMETERY CARE AMBULANCE CAPITAL FIRE CAPITAL AMOUNT VENDOR DESCRIPTION AlP TRANSFER REPORT CITY OF OWASSO AMOUNT TRANSFER FROM GENERAL FUND DESCRiPTION AlP TRANSFER REPORT CITY OF OWASSO TOTAL OPGA TRANSFERS VENDOR Council Member Council Member Mayor March 18, 2003 APPROVED: Departme!Jt Overtime.Expenses Generai Fund 0.00 14,229.12 0.00 12,169.05 0.00 2,288.31 Police .97 4,290.36 03/08/03 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE Council Member Council Member Mayor March 18,2003 APPROVED: Worker's Comp Self-Insurance Fund Total Expenses Overtime Expenses _ _I~t~L EXJ2enses Ambulance Fund Overtime EXDenses Total CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 03/08/03 In order to participate in the E-911 system, the Office of the Attorney General has ruled that the interlocal agreement must be renewed annually by resolution. The renewal must be completed prior to May 1 of each subsequent year. Failure to renew the agreement would disqualify the City from collecting the 5% surcharge, as well as prohibit Owasso from participating in the system. The City of Owasso has historically renewed the E-911 lnterlocal Agreement annually since its inception. INCOG is facilitating the renewal process. The interlocal agreement requires that all community governments that participate in the E-911 system must jointly fund the system. Collecting a surcharge on local telephone bills accomplishes this. Owasso collects a 5% surcharge on the base telephone bill of each resident that has telephone service. The "Enhanced" 911 service replaced the traditional 911 system, which only rang directly into the Police Department and did not display the name or address of the caller using the system. The upgrade to the 911 system has proved invaluable, as the location of the emergency is displayed in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first "interlocal agreement" with Southwestem Bell Telephone and established "Enhanced" 911 Emergency Telephone service. BACKGROUND: March 10,2003 DATE: RESOLUTION #2003-02 RENEWAL OF REGIONAL E-911 INTERLOCAL AGREEMENT SUBJECT: MARCIA BOUTWELL CITY Cl.lERK JIM GREENE THE HONORABLE MAYOR CITY COUNCIL CITY OFOWASSO TO: MEMORANDUM 1. Resolution #2003..02 2. lnterlocal Agreement Staff recommends City Council approval Resolution #2003~02, renewing the lnterlocal Agreement for the Regional Enhanced 911 system. RECOMMENDATION: E-911 INTERLOCAL AGREEMENT MARCH 10, 2003 PAGE 2 Stephen P. Gray, City Attorney APPROVED AS TO FORM & CONTENT: Marcia Boutwell, City Clerk ATTEST: Michael Helm, Mayor PASSED AND APPROVED this 18th day of March, 2003 by the City Council of the City of Owasso, Oklahoma. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA that participation in the interlocal agreement creating the Regional Enhanced 911 Board and sharing the costs of a regional enhanced 911 system for a period begiooing May 1, 2003 and continuing until April 30, 2004, is hereby approved. WHEREAS, the terms of the interlocal agreement require the aooual renewal by the parties. and, WHEREAS, the City of Owasso, Oklahoma is a signing party to that interlocal agreement; WHEREAS, an Interlocal Agreement to share costs of a regional enhanced 911 system and to create the Regional Enhanced 911 Board was entered into in 1989 by 15 communities in a six- county area; and, RENEWAL OF INTERLOCAL AGREEMENT REGIONAL ENHANCED 911 RESOLUTION NO 2003-02 CITY OF OW ASSO, OKLAHOMA DURA TIONITERMINA TION The parties agree that this Agreement will become effective from the date all parties have signed and the Attorney General has approved this agreement. This Agreement shall automatically terminate on June 30 of the numbered year after it becomes effective, and each June 30 thereafter, unless, by May 1, the The terms of the Original Agreement and Amendment are incorporated by reference. THEREFORE, the parties do hereby enter into this Agreement to share the costs of a Regional Enhanced 911 System, as outlined below: WHEREAS it is the desire of all parties to continue sharing the costs of a Regional enhanced 911 System as outlined in the Original Agreement and Amendment; WHEREAS some parties did not meet the deadlines to renew the agreement according to the strict terms of the aforementioned termination clause; WHEREAS under the terms of the Durationrrermination clause of the Original Agreement and Amendment, each party was required to take affirmative action to renew the Interlocal Agreement 60 days prior to June 30 each year or the agreement would automatically terminate; WHEREAS The Parties entered into an Interlocal Agreement (Original Agreement) which was approved by the Attorney General on March 14,1989 for the purpose of implementing the Enhanced 911 emergency communications system. The Original Agreement was amended in 1990 to include Rogers County as a party; Town of Kellyville T own of Kiefer T own of Mounds Town of Skiatook Town Sperry County County Rogers County Tulsa County Wagoner County Washington County City of Bixby City of Catoosa City of Claremore City of Collinsville City Glenpool City of City City City Sapulpa City of Tulsa THIS AGREEMENT entered into by and between the following parties: INTERlOCAL AGREEMENT 4. Each party agrees to be solely responsible for any additional costs incurred for any special or non-standard arrangement for providing Enhanced 911 service. Whether a charge is standard or non-standard will be determined by the Regional Enhanced 911 Board. 3. Each party will be invoiced for its share of the costs by SBC and will remit payment of that amount to SBC. SBC will forward appropriate payment to the other local exchange telephone companies. 2. Each jurisdiction's share of the Total Charge for Enhanced 911 Services , will be calculated as follows. SBC will divide the number of telephone exchange access lines in a jurisdiction by the total number of exchange access lines in the Regional Enhanced 911 system to determine the percent of access lines in that jurisdiction. The Total Charge for Enhanced 911 Services will be multiplied by that percentage to determine the jurisdiction's share of the costs. 1. Each local exchange telephone company will submit its invoices for Enhanced 911 services to Southwestern Bell Telephone Company, (SBC) who will act as billing agent. Those invoices will be added with SBC's charges to calculate a Total Charge for Enhanced 911 Services. FINANCING/COST ALLOCATION Each jurisdiction will be responsible for its proportionate share of the cost of purchasing, maintaining and updating the Enhanced 911 Public Safety Answering Point equipment, including answering positions, telephone lines, automatic number and location identification screens, and controllers furnished through the local exchange telephone companies. Each party agrees that its proportionate share of costs will be allocated in the following manner: The purpose of this Agreement is provide an equitable method of sharing telephone equipment, and allocating the costs of a Regional Enhanced 911 System between jurisdictions thereby avoiding duplication of services and expenses. Each party agrees to pay its proportionate share of the regional system's costs based on the number of access lines that party brings under this agreement. Costs will be allocated so that they bear a reasonable relationship to the costs each jurisdiction brings into the regional system. Any party to this Agreement who does not want to participate in the Agreement for the next fiscal year shall provide written notice by May 1 to all parties of its intent to terminate participation. governing body of the party takes affirmative action to renew the Agreement for another year. DUTIES OF THE BOARD The duties of the Board shall be: 1. Review the Regional Enhanced 911 system charges submitted by the local exchange telephone companies to ensure their continued reasonableness. 2. Review the Regional Enhanced 911 cost allocations to ascertain proportionate distribution of costs. 3. Coordinate with SBC to develop cost allocation procedures. 4. Resolve all disputes among parties to this Agreement regarding cost allocations. 5. Review all requests to participate in the Regional Enhanced 911 System by other jurisdictions and make recommendations to the governing bodies of each party to this Agreement regarding the approval of such requests. 5. Apportion and distribute any reimbursement that might occur from parties joining the Regional Enhanced 911 System after the date of this agreement. BOARD MEETINGS The Board shall designate the time and place of all meetings, which shall be conducted in compliance with the Oklahoma Open Meetings Act. Each Board member shall have one vote, and all actions by the Board shall be approved by an affirmative vote of a majority of the members present. All representatives to the Board shall serve without compensation for their services. The Board shall elect annually a Vice-Chair from their members who shall assume the duties of the chair during the Chair's absence. The Board shall elect other such officers as they deem necessary. The Board shall elect annually from their members a Chair who shall preside at all meetings and perform other duties designated by the Board. The Chair shall serve as the regional representative to the City of Tulsa's Emergency Telephone Service Management Board. BOARD MEMBERSHIP Each party to this Agreement shall appoint one representative to the Regional Enhanced 911 Board. The governing body of each party shall establish the terms of office of its representatives and the criteria for removal of its representative. Each local exchange telephone company serving the parties this Agreement may appoint a non-voting member to the Board to act in an advisory capacity. ADMINISTRATION The parties agree that administration of this Agreement shall be carried out by the Regional Enhanced 911 Board, in cooperation with SBC as billing agent. This Agreement may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts, duplicate signature pages shall be sent to the Indian Nations Council of Governrnentso INCOG shall compile the original, which shall be forwarded to the Attorney General's office for approval and distribution to each jurisdiction. TERMS The parties agree that this written Agreement contains the entire agreement between the parties. The Agreement cannot be modified except by a written instrument executed by all partieso ACQUiSION1HOlDiNG The parties agree that no real or personal property shall be acquired jointly n"l"jOtlg i'he r-OIII"SC oHhis agre::.ement indi\lid"alU\f ar-qL,il"od by a YUJ I \\, I v YI v I\\, U II '\\ ~ I ! IH,. fi 1- 3VI 'L~ II)' v AU\..? party shall remain the property that party upon terrnination of this 6. Adopt by-laws consistent with this Agreement governing actions, proceedings and policies of the Board. 7. Perform other tasks consistent with the purpose and intent of this Agreement. Summary of Plan Changes Ord. #743 & Ord. #744 ATTACHMENT: Staff is recommending approval of Ordinance #743 amending the OMRF Defined Benefit plan and Ordinance #744 amending the OMRF Defined Contribution Plan. RECOMMENDATION: Periodically the Internal Revenue Service modifies rules and regulations regarding qualified retirement plans. When this occurs we are required by the IRS to incorporate these modifications into our plans. The Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA) included modifications affecting the Defined Benefit Plan and the Defined Contribution plan. A summary of plan changes which are a result of EGTRRA are attached. These changes will not result in an increase in cost to the City. The modifications do include an increase in limitations on Plan Benefits and an increase in Compensation limits. However these limits were already at a level that did not affect our employees. Two OMRF plans are offered to city employees. Both plans are IRS qualified retirement plans. The first plan is a Defined Benefit plan which is the mandatory retirement plan for all full-time employees who do not participate in the Police and Fire Retirement system. The City and participating employees contribute to the plan and upon retirement an employee's retirement benefits are based on a calculation including the average of their last 60 months salary and his/her years of service. The second OMRF plan is a Defined Contribution plan which is an optional supplemental retirement plan available to all full-time employees. Employees participating in the Defined Contribution plan can contribute up to 12% oftheir base wages and the City will match up to 2% ofthe employee's base wages $0.50 on the dollar. Employees select investment options on an individual basis. BACKGROUND: March 12,2003 DATE: ORDINANCE #743 ~,~ AMENDING DEF'INED #744 - MICHELE DEMPSTER HUMAN RESOURCE THE HONORABLE MAYOR & CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM Limitations on Contributions The IRS has increased the limits for maximum plan contributions by the employee and employer. This change has no cost impact to the employer, but would allow an employee to contribute greater amounts in to the retirement plan if desired-up to $40,000 per year or 100% of salary. Increase in Compensation Limit The IRS has increased the limit for recognized salary of plan participants. The maximum was $170,000, but is now $200,000 under this change. This change will have no impact until or unless an employee's salary exceeds $170,000. Direct Rollovers of Plan Distributions and Rollovers The IRS has expanded the list of plan types which a from other Plans participant can transfer monies to and from. This change has no cost impact to the employee or employer. It will allow, for example, an employee to transfer IRA account balances to their OMRF account. Required Minimum Distributions The IRS has always required a terminated employee to begin receiving money from their retirement account by the age of 70 12. The method of calculating the minimum amount that must be paid each year has been relaxed, lowering the required amount. This change benefits all participants by lowering the amount they must be paid. However, participants can still choose to receive more than the required minimum. Defined Contribution Plan-Summary of Plan Changes The IRS has increased the limits for maximum plan benefit amounts payable to a paliicipant each year. This change has no real impact to the employer or employee unless the annual pension amount would have been greater than $140,000. The IRS has increased the fiillit forrecognized salary"of' plan participants. The maximum was $170,000, but is now $200,000 under this change. This change will have no impact until or unless an employee's salary exceeds $170,000. The IRS has expanded the list of plan types to which a paliicipant can transfer monies. This change has not cost impact to the employee or employer. It will allow an employee, for example, to transfer a plan distribution to a 457 account, ifthey wish. This requires the use of specific mortality tables for adjusting any benefit or limitation under Code Section 415. This change has no real impact to the employer or employee unless the annual pension amount would have been greater than the $140,000, using the new mortality tables. New Mortality Tables Direct Rollovers of Plan Distributions Limit , in (" -, Limitations on Plan Benefits Defined Benefit Plan-Summary of Plan Changes 2002 EGTRRA Plan Amendment Stephen P. Gray, City Attorney Approved as to form and legality on March 18,2003. Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAHOMA PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma this 18th day of March, 2003. Section Four: This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. Section Three: If any part, article section or subsection of this ordinance shall be held invalid or unconstitutional for any reason, such holding shall not be construed to impair or invalidate the remainder ofthis ordinance, notwithstanding such holding. Section Two: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section One: The Employee Retirement System Defined Benefit Plan of the City of Ow as so, Oklahoma, is hereby amended as shown on the attached Exhibit "A", which is incorporated herein by reference. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAFIOMA THAT: AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM DEFINED BENEFIT PLAN OF THE CITY OF OW ASSO, OKLAHOMA; PROVIDING FOR EFFECTIVE DATE, LIMITATIONS ON BENEFITS, INCREASE IN COMPENSATION LIMITS, ROLLOVER OF PLAN DISTRIBUTIONS AND ADOPTION OF NEW MORTALITY TABLES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWlTH; A SEVERABILITY AND CLAUSE. ORDINANCE NUMBER 743 CITY OF OW ASSO, OKLAHOMA Stephen P. Gray, City Attorney Approved as to form and legality on March 18, 2003. Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAHOMA PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma this 18th day of March, 2003. Section Four: This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. Section Three: If any part, article section or subsection of this ordinance shall be held invalid or unconstitutional for any reason, such holding shall not be construed to impair or invalidate the remainder ofthis ordinance, notwithstanding such holding. Section Two: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section One: The Employee Retirement System Defined Contlibution Plan of the City of Owasso, Oklahoma, is hereby amended as shown on the attached Exhibit "A", which is incorporated herein by reference. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA THAT: AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM DEFINED CONTRIBUTION PLAN OF THE CITY OF OW ASSO, OKLAHOMA; PROVIDING FOR EFFECTIVE DATE, LIMITATIONS ON CONTRIBUTIONS, INCREASE IN COMPENSATION LIMITS, ROLLOVER OF PLAN DISTRIBUTIONS, ROLLOVER FROM OTHER PLANS, AND REQUIRED MINIMUM DISTRIBUTIONS; REPEALING ALL ORDINANCES PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND A SEVERABILITY AND SAVING CLAUSE. ORDINANCE NUMBER 744 CITY OF OW ASSO, OKLAHOMA Staff recommends Council vote to receive the audit report. RECOMMENDA TION: In order to create a record in the minutes, Council will be asked to take action on a vote to receive the audit report. If you have any questions about these reports or the City finances, please contact me at City Hall at 376-1525 or you may contact our auditor, Frank Crawford, at 405-691-5550. Annual Financial Statements and Accompanying Auditor's RepOlt, Single Audit Supplement and Independent Auditor's Reports on Compliance and Internal Control, Letter to Management. Enclosed are copies of the three reports prepared by the auditors: The firm of Crawford & Associates, P.C. has provided audit services to the City and its trust authorities for the past five years. Frank Crawford attended the March 11th Council work session and presented the audit report to the City Council. BACKGROUND: March 14, 2003 DATE: 2001M2002 AUDIT SHERRY BISHOP FINANCE DIRECTOR FROM: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TO: MEMORANDUM Because implementing GASB 34 significantly changes the scope of the audit, the fees for the fiscal year 2003 will increase regardless of what accounting firm provides the audit services. The proposal from Crawford & Associates for th~ 2003 fiscal year audit services includes fees of $28,620, an increase of 35%. The audit fee for the previous year was $21,200. Frank Crawford, President of Crawford & Associates attended the March 11th Council meeting and discussed the fiscal year 2002 financial reports, accounting changes, and the fiscal year 2003 audit proposal. The Governmental Accounting Standards Board (GASB) establishes generally accepted accounting principals, the standards for accounting and auditing for governmental entities. Effective this fiscal year, GASB Statement No. 34 creates major changes in financial reporting requirements for cities. Retaining auditors that are already familiar with the City of Owasso's records and systems would make implementing those changes much less difficult. Additionally, Crawford & Associates are nationally recognized experts on the subject of GASB 34. No one is better qualified to assist us with this restructming. The normal procedure at this time would be to request proposals from accounting firms for audit services for the next five years. There are some unusual circumstances this year that cause staff to prefer to retain the services of Crawford & Associates for one more year without taking proposals from other firms. City charter and state statutes require that an independent accountant pelform an annual audit of the City's finances. In February of 1998, the city accepted proposals for auditing services from accounting firms. Those proposals included a fixed fee for each of five years. The firm of Crawford & Associates, P.CO was selected to provide audit services. Each year for the past five years, the City Council has approved a one-year contract with Crawford & Associates. BACKGROUND: March 14, 2003 DA TE: HONORABLE MAYOR AND CITY COUNCIL CITYOFOWASSO TO: MEMORANDUM Audit Engagement Letter from Crawford & Associates Staff recommends Council and Trustees authorize the engagement of Crawford & Associates audit services the fiscal year ended June 2003 a fee not to exceed $28,620. RECOMMENDA TION: Staff believes that retaining the services of Crawford & Associates for an additional year is the best option for the City and will request that the City Council and the Authority Trustees (OPW A and OPGA) approve the proposed agreement. MEMBER: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OKLAHOMA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS Crawford & Associates, P.C. 46/4.(',{r.s, It', Sincerely, We wish to thank you for the confidence you have placed in our firm and look forward to continuing to serve you. For your benefit in understanding your audit and consulting costs, we have provided an "Audit Contract Cost Summary" form which outlines how we arrive at audit and consulting costs. The summary schedule will assist you in separating not-to-exceed audit costs from audit costs resulting from changes in audit scope or consulting service costs. However, new accounting standards recently issued will require the City to alter the manner and content of its financial activity for fiscal year 2002-2003, specifically GASB Statement 34. This effort, and it's audit implications are the primary reason of the change in audit fees from past years. Crawford & Associates, P.c. is committed to remaining the leader in this field. We are also committed to providing the highest quality of service at our lowest possible cost, and will continue to provide our audit services to you below our standard hourly rates. Enclosed are 2 copies of the audit engagement letter for the fiscal year ending June 30, 2003. Dear Mayor and Members of the City Council Council Honorable Mayor and Members of the City of Owasso P. 180 Owasso, OK 74055-0180 March 3,2003 GREENBRIAR OFFICE PARK 10308 GREENBRIAR PLACE OKLAHOMA CITY, OK 73159 PHONE: 405/691-5550 FAX: 405/691-5646 E-MAIL: info@crawfordcpas.com WEB SITE: www.crawfordcpas.com CERTIFIED PUBLIC ACCOUNTANTS AND ADVISORS TO GOVERNMENT CRAWFORD & ASSOCIATESy P.C. ~_~~~~__~~______._~_n___~_..__~_____~~~__h_- 4. HOURLY RATES Current rates: Chairman $150 President, Manager $125 Staff $75 Clerical $25 Non-audit services, including general consultation and training that does not impair our audit independence, will be provided at our hourly rates below. 3. CONSULTING SERVICES COST o Examples of scope changes include: - Addition of new entities or funds to audit - Addition of new debt and debt account activity to audit - Significant difficulties encountered due to lack of adequate accounting records, incomplete records to turnover in staff 2. POSSIBLE ADDITIONAL COST - AUDIT SCOPE CHANGES Estimated Hours Cost 80 $ 5,200 306 19,890 16 1,040 6 390 - 2,100 -- _LJ9Ji $ 28.620 E. Out-of-pocket expenses D. Preparation of State Auditor Form 2463. C. Typing and printing of annual report B. Audit of annual financial statements and preparation of independent auditor's reports, A Compiling and preparing annual financial statements. 1. NOT-TO-EXCEED COST - AUDIT FY 2002-2003 AUDIT CONTRACT COST SUMMARY CITY OF OW ASSO MEMBER: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS " OKLAHOMA SOCIETY OF CERTIFIED PUBLIC ACCOUNTA~JTS The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on- Audit Objectives 1. Budgetary comparison schedules ofthe General Fund and major Special Revenue Funds 2. Management's Discussion and Analysis 3. Pension trend information In addition to the above information, certain limited procedures will be performed on information accompanying the basic financial statements as required supplementary information: 1. Schedule of expenditures of federal awards. 2. Combining and individual fund financial statements and schedules 3. Other supplemental schedules, as needed Weare pleased to confirm our understanding of the services we are to provide the City of Owasso, Oklahoma for the fiscal year ended June 30, 2003. We will audit the basic financial statements of the City of Owasso, Oklahoma, including the Owasso Public Works Authority, the Owasso Public Golf Authority and the Owasso Economic Development Authority, as of and for the fiscal year ended June 30, 2003. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the basic financial statements: Dear Mayor and Members of City Council: Honorable Mayor and Members of the City Council City of Owasso P. Box 180 Owasso, OK 74055-0180 March 3,2003 GREENBRIAR OFFICE PARK 10308 GREENBRIAR PLACE OKLAHOMA CITY, OK 73159 PHONE: 405/691-5550 FAX: 405/691-5646 E-MAIL: info@crawfordcpas.com WEB SITE: www.crawfordcpas.com CERTIFIED PUBLIC ACCOUNTANTS AND ADVISORS TO GOVERNMENT CRAWFORD &. ASSOCIATESw P.C. The management ofthe City of Ow as so, Oklahoma, is responsible for establishing and maintaining internal control and for compliance with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of basic financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management Responsibilities Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-l33; and will include tests of accounting records, a determination of major programs in accordance with Circular A-I33, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the basic financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to fOlm or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this agreement. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities. ~ Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-l33, Audits of States, Local Governments, and Non-Profit Organizations. ~ Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Mayor and Members of City Council March 3, 2003 Page 2 CRAWFORD & ASSOCIATES. P.C. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests oftransactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements (whether caused by errors or fraud), illegal acts or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the basic financial statements or to major programs. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Audit Procedures - General Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate to the financial statements taken as a whole. Additionally, as required by OMB Circular A., 13 3, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on the date of our year-end fieldwork. Mayor and Members of City Council March 3,2003 Page 3 CRAWFORD &. ASSOCIATES. P.C. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform you of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the basic financial statements. We will also inform you of any nOilleportable conditions or other matters involving internal control, if any, as required by OMB Circular A-l33. As required by OMB Circular A-I33, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements, applicable to each of the City of Ow as so, Oklahoma's major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-I33. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the basic financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the basic financial statements. Tests of controls relative to the basic financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the City of Owasso, Oklahoma, basic financial statements and on its compliance with requirements applicable to major programs. Audit Procedures ~ Internal Controls Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence ofinventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and fInancial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Mayor and Members of City Council March 3,2003 Page 4 CRAWFORD &. ASSOCIATES, P.C. At the conclusion ofthe engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City of Owasso; however, it is management's responsibility to submit the reporting package (induding financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. Audit Administration, Fees and Other o MB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect of each of the City of Ow as so's major programs. The purpose of those procedures will be to express an opinion on Owasso's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-l33. Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of City of Owasso's compliance with applicable laws and regulations and the provisions of contracts and grant agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Procedures ~ Compliance Mayor and Members of City Council March 3, 2003 Page 5 CRAWFORD & ASSOCIATES, P.C. Also, as required by auditing standards generally accepted in the United States of America, we will prepare a separate communication to the audit committee or governing body to report certain information concerning the conduct and results of the audit (if necessary). 2 State Auditor and Inspector Form 2463 20 Report on Internal Controls and Laws and Regulations Compliance - Major Programs 20 Report on Internal Controls and Laws and Regulations Compliance - Financial Statements 20 Opinion on Financial Statements - City Reporting Entity # of COQies Our audit work will be performed throughout the year begiooing when engaged and continue through the completion of the report. We plan to issue our report(s) no later than December 31, 2003, however, this timing is subject to certain assistance and cooperation by management. The report(s) to be prepared and number of copies to be supplied by us is as follows: The workpapers for this engagement will be retained for a minimum ofthree years after the date the auditors' report is issued or for any additional period requested by the granting agencies, or pass- through entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the workpapers. The workpapers for this engagement are the properiy of Crawford & Associates, P. c., and constitute confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain workpapers available to granting agencies or its designee, a federal agency providing direct or indirect funding or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such workpapers will be provided under the supervision of Crawford & Associates, p, C. persoooel. Furthermore, upon request, we may provide photocopies of selected workpapers to the aforementioned parties. These parties may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. Mayor and Members of City Council March 3, 2003 Page 6 CRAWFORD &. ASSOCIATES. P.C, If such change in scope is needed and authorized by the City, an amendment to this engagement letter will be prepared and approved. o Significant difficulties encountered due to lack of accounting records, incomplete records or turnover in staff. o Creation of significant new funds or activities (such as new debt) to audit; and/or o Addition of new Authorities or other component units to the audit or reporting scope; o Unanticipated significant improvements in the accounting records; o Unanticipated additional assistance received from City staff; Examples of significant changes in audit scope or unexpected circumstances include, but are not limited to, the following: If additional or less time is considered necessmy to complete the audit due to a change in the scope of audit work or unexpected circumstances, we will discuss the scope change with you and mTive at a new fee estimate before we incur the additional costs or continue. Audit Fees - Cbange in Scope Government Auditing Standards requires that we provide you with a copy of our most recent quality control review repOli. Our latest peer review report accompanies this letter. Our fee for these services will be at our standard hourly rates plus out~of-pocket costs (such as repOli reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $28,620. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your persoooel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We expect to begin our audit immediately, and to issue our reports no later than December 31,2003. Mayor and Members of City Council March 3, 2003 Page 7 CRAWFORD & ASSOCIATES. P,C. Date: Title: By: This letter correctly sets forth the understanding of the City of Owasso, Oklahoma. RESPONSE: Crawford & Associates, P.C. ac~~' 4+;()~,{r~s, P{'. Very truly yours, We appreciate the opportunity to be of service to the City of Owasso, Oklahoma, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If such consulting services are requested and result in an estimated need for more than 10 hours of our services, we will perform the requested work only upon receiving your approval to proceed and will bill these services on a monthly basis as the cost is incurred. Bourly Rate $ 150 $ 125 $ 75 $ 25 Staff Level Chairman President Consulting Staff Clerical These consulting services will be provided as time is available at our standard hourly rates per level of staff for the time involved plus out-of~pocket expenses. The cunent standard hourly rates for consulting services are as follows: In addition to the services provided under the scope of the audit as previously defined, upon City request, we will be available to provide certain consulting services. These non-audit services will be limited to general cOl1sultation and training that does not impair our audit independence. Consulting Services and Fees Honorable Mayor and Members of the City Council March 3, 2003 Page 8 CRAWFORD &. ASSOCIATES, P,C. ESTIMATED HOURS TO COMPLEI~ I I A"t I A'" I t}udit Tasks I UOI I UOR Chairman, Manager, Staff, I Total CPA CPA CPAs Hours ~,~-,~-~ ~~m ~=~ 'A~n ~.~.^._______ pRIOR~mYI,;L\J1.::EN[): 1. Audit Planning and Program Development I 2 I 2 I 6 I 10 2. Permanent File Development or Update I I 1 I 12 I 13 3. Internal Control Structure Evaluation I 2 I 2 I 8 I 12 4. Analysis of Audit Risk 2 2 8 12 5. Transaction Audit Testing - All Cycles I I I 30 I 30 6. Audit of Budget Compliance I I I 6 I 6 7. Preparation of Audit Confirmations I I I 10 I 10 8. Preliminary Analytical Review I I I 8 I 8 9. Review of Minutes of Meetings I I I 16 I '16 10. Technical Assistance - GASB Implementation Planning I 4 I 8 I I '12 SUBSEQUENT TO YEAR-END: 11. Preparation of Working Trial Balance I I I 8 I 8 12. Final Analytical Review of Revenues and Expenditures I 1 I 2 I 8 I 11 13. Year-End Audit of Account Balances 1 8 43 52 14. Audit of Confirmation Results 20 20 15. GASS 34 Audit Impact a. Audit of accumulated depreciation/depreciation expense - general capital assets 4 16 20 b. Audit of major fund determination 2 4 6 c. Infrastructure audit issues 10 10 20 d. Review of required supplemental information 1 2 2 5 e. Preparation of restated 6/30/02 net assets 1 4 10 15 16. Test of Laws and Regulations Compliance I I 4 I 10 I 14 17. Audit Supervision and Review I 10 I 10 I I 20 18. Client Meetings and Presentations I I 8 I I 8 FISCAL YEAR ENDING JUNE 30, 2003 SUMMARY OF AUDIT TASKS AND FEES CITY OF OWASSO 24 69 315 408 $ 150 $ 125 $ 75 - 3,600 8,625 23,625 $35,850 -1,100 $37,950 $28.620 Proposed Contract Amount (discounted) Estimated Standard Fees and Expenses Out-of-Pocket Expenses (printing, travel, etc.) Standard Fees Hourly Rates Total Hours o State Auditor Form 2463 23. Preparation of Legally Required Financiai Reports: 6 6 o Debt Covenant Compliance Reports 22. Preparation of Supplemental Financial Reports 4 4 o Laws and Regulations Compliance Letter 4 4 o Internal Control Management Letter 16 16 o Notes to Financial Statements - GASS 34 44 44 o Financial Statements - GASS 34 19. Preparation of Report on Reporting Entity o Opinion REPORT PREPARATIQN: Totai __2~, Audit Staff, ....J;:PAs _ Audit Manager, CPA Chairman, CPA --.== Audit Tasks, ESTIMATED HOURS TO COMPLETE FISCAL YEAR ENDING JUNE 30, 2003 SUMMARY OF AUDIT TASf~S AND FEES CITY OF OWASSO Catt, ~cl., ~ I ()J~ f Co, uP CALL, BARRICK, ETHRIDGE, WEBB & CO., LLP Certified Public Accountants In our opinion, the system of quality control for the accounting and auditing practice of Crawford & Associates, P.c. in effect for the year ended December 31, 1999, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICP A and was complied with during the year then ended to provide the firm with reasonable assurance of complying with professional standards. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. Our review was conducted in accordance with standards established by the Peer Review Board of the AICP A. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances oflack of compliance with it. We have reviewed the system of quality control for the accounting and auditing practice of Crawford & Associates, P.c. (the firm) in effect for the year ended December 31, 1999. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICP A). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. the Shareholders Associates, Public Accountants June 28, 2000 20(, N. HARRISON 0 PO BOX 7')O, nJSHINC. OI<I.A HOMA 7402:1, l) I K.22'\.'121 ()' F;\X t) I X-22.').4:1 I') MICHELLE WRIGHT. CPA TIM W. NORDEN CPA CHARLES E CROOKS CPA RON H. BARRICK. CPA DON K. ETHRIDGE. CPA WALTER H. WEBB. CPA JERRY PARSONS. CPA JNJE FRAZIER, CPA CALL, BARRICK, ETHRIDGE, WEBB & CO., LLP CERTIFIED PUBLIC ACCOUNTANTS Lakeridge Drainage Easement Three Lakes Drainage Easement Ator Heights Utility Easement Main Street Drainage Easement East 96th Street North and Garnett Road Intersection 22nd Street and Garnett Road Center Median @ @ @l @l @ @ Areas which have been discontinued are as follows: Recent evaluation indicates that the program continues to be cost-effective within certain locations. Two (2) full-time positions were added to the Streets Division in FY 02-03 enabling additional mowing responsibilities without compromising other services. Therefore, the Public Works Department elected to discontinue contracted mowing of specific locations that were included in previous years. For the past thirteen (13) years, the City of Owasso has utilized private-sector contracts for mowing services in specified areas. The mowing program was developed to reduce seasonal workload so that city crews can attend to other routine maintenance needs that must be performed during the spring, summer and fall. The program is reviewed aooually to make necessary adjustments to maintain effectiveness. Overall effectiveness is evaluated based on four (4) criteria: quality, timeliness, cost, and citizen reaction. Historically, privatized mowing has met or exceeded expectations in each of these areas. BACKGROUND: March 11,2003 DATE: REQUEST FOR APPROV AL OF MOWING CONTRACTS SUBJECT: DAVID WARREN PARKS DIRECTOR FIELD THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM The year 2003 mowing bid was advertised and bid packages were sent to twenty-two (22) perspective contractors. Twelve (12) contractors submitted bids; a majOlity of which staff believes are competitive. (Several contractors did not comply with the bid specifications or requirements for the Main Street Right-of-Way). BID ANALYSIS: @ U.S. Highway 169 Right-of-Way @ Main Street Right-of-Way @ El Rio Vista Frontage and Center Medians @ Rayola Park @ McCarty Park @ Elm Creek Park @ Ator Park @ Veteran's Park As a result, the following areas were included in the bid specifications: The use of private-sector contracts continues to enhance operating efficiency within the Parks Department. Mowing time for full-time employees is reduced, allowing for a more rapid response to routine maintenance needs and small constmction projects. Therefore, all park areas previously included in the mowing program will remain unchanged. For the past several years, the Main Street right-of-way (2nd Street to East 86th Street North) between the curb and sidewalk has been periodically mowed by Public Works personnel. This property requires frequent maintenance using a push mower and edger to ensure a quality appearance. Because of site-specific equipment requirements and the need for more frequent mowing, this property has not been able to be maintained in a manner to achieve desired aesthetics. Therefore, this location was added to the program. Because of the proximity of these sites to existing mowing routes, each of the properties can be effectively integrated into the Public Works Department mowing schedule. In addition, these areas can easily be maintained with a bmsh hog mower and herbicide chemicals which are frequently used by Streets Division persoooel during routine mowing operations. Sites recommended for contracted maintenance typically require more frequent mowing and specific equipment (i.e., push mower, large finishing mower and mechanical edger) to effectively maintain. Page 2 Mowing Contracts Based on the apparent low bids submitted, the total expense for all awarded contract mowing of parks, medians, frontage and rights-of-way is $23,166.00. This cost represents a decrease of $5,494.20 for the 2003 mowing season compared to the 2002 season, which is largely due to the reduction in number of locations. The 2003 mowing costs for the frontage, medians and rights-of-way had a decrease of $800.95 per mowing to $1,775.00. The U.S. Highway 169 right-of-way requires a total of six (6) mowings each season. The Main Street right-of-way and El Rio Vista medians and fi'ontage are to be mowed thirteen (13) times each season. Total cost for the season is calculated to be $11,700.00. The 2003 mowing costs for the parks indicate a slight decrease from the 2002 costs of $21.95 per mowing to $637.00. Parks require a total of eighteen (18) mowings each season. Therefore, the total cost for the season is calculated to be $11,466.00. (', .- - " Cost/Mowing G:Hnments .!L -r -oJ AI!> . Park $210.00 $185~OO -~~.~.~--_..__._..._~ Elm Creek Park $242.00 ~., .= $215.00 ..~~~ Ator Heights Park $80.00 . -. $72.00 Veteran's Park $46.95 $45.00 McCarty Park (includes alternate ,.- $80.00 $120.00 for mowing baseball fields) Total Cost Per Mowing (Parks) $658,95 $637,00 El Rio Vista Medians and Frontage Intersection and 96th and Garnett Intersection Median Contracts and 22nd and Garnett Median $111.95 $55.00 Discontinued Ator Heights Utility Easement $31.00 N/A Discontinued TIrree Lakes Drainage Easement $300.00 N/A Discontinued Lakeridge Drainage Easement $200.00 N/A Discontinued Main, 5m Street and 3fU and Main Easements $ 83.00 N/A Discontinued U.S. Highway 169 Right-of-Way $1,850.00 $1,625.00 Main Street Right-of-Way N/A $95.00 New Contract Total Cost Per Mowing (Easements and Right-of-Way) $2,575,95 $1,775,00 Total Annual Program Cost $28,660,20 $23,166,00 The following tabulation compares 2002 and 2003 costs (based on the apparent low bid): Page 3 Mowing Contracts 1. Bid specifications 2. Tabulation of all bids ATTACHMENTS: City Property Mowing Contractor Cost/Mowing Rayola Park Clip-N-Snip Lawn Care (Owasso, OK) $185.00 Elm Creek Park Clip-N-Snip Lawn Care (Owasso, OK) $215.00 Ator Heights Park Jerry Tucker (Owasso, OK) $72.00 Veteran's Park ~-" TnT Lawn Care (Owasso, OK) $45.00 McCarty Park (includes alternate for TnT Lawn Care (Owasso, OK) $120.00 mowing baseball fields) Main Street Right-of-Way J.B. Stigall (Owasso, OK) $95.00 El Rio Vista Medians & Frontage Jerry Tucker (Owasso, OK) $55.00 U.S. Highway 169 Right-of-Way Lot Maintenance (Tulsa, OK) $1,625.00 Staff recommends Council award the following contracts: RECOMMENDATION: Funding for the FY 02-03 mowing program (July-October 2002 and April-June 2003) was approved as part of the Street Division and Parks Department budget for Physical Property Services (line items 01-300-53100 and 01 15-53100). Funding to continue the mowing July- October 2003 and the start-up the 2004 season will be included in the 03-04 budget. FUNDING SOURCE: Page 4 Mowing Contracts *NOTE: The City may lease McCarty Park to another entity. If that should occur, the contractor's agreement with the City will not longer be in effect. However, the contract may continue with the lessee at the discretion of said lessee. MOWING SHALL NOT BE DONE ON OZONE ALERT DAYS. 6. Mowing shall not be done prior to 8:00 a.m. or after 6:00 p.m. Monday thru Friday. No mowing is to be done on the weekends (from 6:00 p.m. on Fliday until 8:00 a.m. on Monday). 5. The City is requiring the parks to be mowed once every ten days. 4. The walking/jogging trails(s) shall be kept free of grass clippings and other yardwaste. 3. The city crews will be responsible for "weed-eating" all ditches; around all trees, light poles, picnic tables, and fences; and steep hills and slopes. It is the intent of the City to have the "mowing contractor" mow as close to all structures, fences, fence corners, trees, and drainage ditches as is possible. 2. Mow within four inches (4") of any obstruction: fences, fence comers, trees, poles, etc. Creeks and embankments should be mowed per agreeable distance from the water. 1. Mow the entire park area with a riding lawn mower or hand mower with turf tires. "Brush Hog" type mower shall not be used. No bar tread tires shall be used. All grass should be cut 1 to 1 % inches in height. (No turfwill be scalped.) Street) and Heights : Rayola, McCarty*, Elm ALL in appropriate containers before mowing. No mowing of any City property is to be on SPECIFICATIONS MOWING CITY PROPERTIES SUMMER 2003 Any damage to turf, curbs, pelmanent trees, public signs or other items must be reported immediately and repaired and/or restored within 72 hours. Grass or other debris generated by mowing will be removed from streets and other paved structures. Unless otherwise directed, the contractor will mow in the same sequence each cycle. The contractor will notify the Public Works Depatiment (by telephone, email or facsimile) as to when work will begin and upon completion of work. City personnel will inspect the work and notify the contractor within 24 hours, excluding weekends and holidays, of any deficiencies. Deficiencies must be corrected within 48 hours. The contractor will invoice the City when all work has been completed, inspected and approved. The City will process payment upon receipt of an invoice and the inspector's report. 3. PROCEDURE - The following procedure shall be followed after award ofthe contract. The contractor will be required to begin work within 24 hours (excepting rain and ozone days) of the designated start date, and to complete all work within the next five (5) calendar days, excluding ozone and inclement weather days. 2. EQUIPMENT - The successful bidder must have the necessary equipment to perform the work. Bidders must submit an equipment list with the bid submittal. At a minimum, required information shall designate equipment size, make, model, and cutting width. The contractor is required to provide traffic control signs for all work on or affecting the street-highway rights-of-way. Traffic control shall conform to the most recent version of the Manual of Uniform Traffic Control Devices. All associated costs for traffic control shall be included in the bid price. All contractor employees must wear safety vests while in the street light-of-way. 1. WORK HOURS & TRAFFIC CONTROL - Work hours shall be at the discretion of the contractor provided the operation does not interfere with normal traffic or disrupt the public peace, except that no mowing of the Main Street Right-of-Way or EI Rio Vista Center Medians and Frontage shaH be done on Sunday. Interference with the public shall be kept to a minimum. (NO MOWING OF ANY CITY PROPERTY SHALL BE PERFORMED ON OZONE ALERT DAYS.) CENTER MEDIANS AND MAIN STREET RIGHT-OF-WAY HIGHWAY 169 RIGHT-OF-WAY Pick up trash and deposit in appropriate containers before mowing. No mowing of any City property is to be done on Ozone Alert days. SPECIFICATIONS MOWING CITY PROPERTIES SUMMER 2003 );> Mowing shall not be done on Ozone Alert days. );> Finished mowing must have a neat, uniform, professionally landscaped appearance. );> The area surrounding all structures and public signs shall be hand trimmed. Use of herbicides will not be permitted unless authorized in writing by the Public Works Department. );> The contractor will mow the entire area between the curb and sidewalk to a height no greater than 2 inches. (No turf will be scalped.) Grass shall be edged to the back of all curbs, sidewalks and paved structures between the curb and sidewalk. "Gutter grass" growing at the base of any curb must be removed. );> The City is requesting this area to be mowed once every two weeks. Main Street Right-of-Way (Second Street to East 86th Street North) );> Mowing shan not be done on Ozone Alert days. );> Finished mowing must have a neat, uniform, professionally landscaped appearance. );> The area surrounding all structures shall be hand ttimmed. Use of herbicides will not be permitted unless authOlized in writing by the Public Works Department. );> The contractor will mow the entire area to a height no greater than 2 inches. (No turf will be scalped.) Grass shall be edged to the back of all curbs and paved structures. "Gutter grass" growing at the base of any curb must be removed. );> The City is requesting these areas to be mowed every two weeks. EI Rio Vista Medians & Frontage EACH SITE SPECIFICATIONS 4. SPECIAL CONSIDERATIONS - Bidders are advised and acknowledge that trees or other improvements may be placed upon one or more sites and that these improvements will require additional work upon said sites. Bidders agree to maintain those sites to these specifications at no additional compensation. Litter, sticks, limbs and all other fOlms of debris shall be picked up prior to and after mowing as needed and disposed of according to law. (Large amounts of illegally dumped materials will be removed by the City.) Any aforementioned debris which has been mowed over must be removed. NOTE: Any contractor wishing to bid on the U.S. Highway 169 mowing must contact the Public Works Department to determine the mowing boundaries prior to submitting a bid A physical inspection with a Public Works Department employee is required. );> Mowing shall not be done on Ozone Alert Days. );> Grass shall be no more than three (3) inches in height after mowing. );> The contractor will mow the entire area to within 4 inches of all structures, overpasses, underpasses, fences, fence comers, drainage structures, public signs, planting areas and trees. (No turfwill be scalped.) );> The City is requesting this area to be mowed once a month. Contractor is guarantee six (6) mowings during the 2003 mowing season; however, contractor may need to adjust his mowing schedule based on work being done by the Oklahoma Department of Transportation. The schedule will need to be coordinated with the Public Warks Department ofthe City of Owasso. U.S. Highway 169 Right-of-Way (SKO Railroad North to 129tl1 East Avenue Overpass, East & West Sides) MOWING BIDS — 2003 BIDDER RAYOLA McCARTY ELM CR. ATOR HTS VETERANS MAIN ET RIO VS I HIGHWAY TLC LAWN $205 $220/$40 $235 $79 $46.95 $115 LeMasters $200 $230 $75 $50.00 Clip N Snip $185 $120520 $215 $80 $90 Nick Signion $209 f $125 Lot Maintenance $400 $370 $210 $450 $1625/ $2125 Miller Lawn $200 $125540 $240 $80 $46.00 T n T Lawn $189 $80540 $225 $75 $45.00 $60 Jerry Tucker $199 $218 $72 $46.00 $55 Tru Green lawn $380 $380 $120 $200.00 $480 $165 J.B. Stigall $124538 $80 $52.00 $95 $195 J & T Lawn $430 $155 $90.00 $225 Don Hubbard $155 The following companies or individuals did not comply with the bid specifications or requirements for the Main Street right-of-way: Clip N Snip, Lot Maintenance, T n T Lawn, Jerry Tucker, J & T Lawn, & Don Hubbard The rezoning was reviewed at the January 29, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: The Owasso 2010 Master Plan identifies the subject property as having a future land use of park and recreational. The applicant's proposal would seem to be inconsistent with the Comprehensive Plan in that the applicant is requesting an industrial zoning classification. Staff feels however, that by the original approval of the construction of the Sertoma building, a change in the development pattern of the area has been created. Furthermore, the approval of the construction of the Sertoma building would seem to be more appropriate than the original 2010 Master Plan designation due to the abundance of park and recreational areas in the vicinity. Staff feels that the areas designated as park and recreational to the west of Mingo are more than sufficient to serve the recreational needs of the area and still allow for the construction of viable, sales-tax producing commercial sites. Therefore, staff would be in favor of a CG (Commercial General District) zoning designation rather than an IL (Industrial Light District). A commercial zoning designation would still allow retail and civic uses, but would limit the expansion of industrial uses to the west. ANALYSIS: This item was tabled from the February 10, 2003 Regular Meeting. The application requested to rezone approximately 5.01 acres, not the 1.019 acres of the property that was aooexed in August. The application has been corrected and a revised legal notice appeared in the February 20, 2003 edition of the Owasso Reporter. The City of Owasso has received a request for the review of a rezoning for approximately 1.019 acres, more or less. The subject property is located on the north side of W. 2nd Ave. approximately 1600 feet west of the W. 2nd Ave. and Main St. intersection. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to CG (Commercial General District). In addition to civic functions, the applicant is proposing to utilize the facility for various auction and retail uses. A general area map and a complete legal description have been attached for your information and review. BACKGROUND: ROBERT MOORE CITY PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Plaooing Commission Staff Report (w /0 attachments). 3. OZ 03-01 Application 4. Letter to Surrounding Property Owners. 5. Legal Notice. ATTACHMENTS: Staff recommends City approval of , thus rezoning approximately 1.v.!.':! acres, more or less from AG (Agricultural General District) to CG (Commercial General District). the request is approved by the City Council, an ordinance will be presented at the April 1, 2003 City Council meeting formally adopting the approval, The Owasso Plaooing Commission at the March 10, 2003 regularly scheduled heard the rezoning request. The request was recommended for approval by a 4 -0 vote, as Mr. Bill Williams recused himself and did not vote on the item. PLANNING COMMISSION: PH: (918) 376-1500 FAX: (918) 376-1597 www.cityofowasso.com III North Main Street P.O. Box 180 Owasso, OK 74055 NORTH Sertoma Club of Owasso CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT g OZ 03=01 d l :'" PROPERTY GENERAL AREA MAP 2-19-03 ."'o.cl -tb _',t.. " i Q ~ .:Ave~~:=1 HI t.~L..J,,_L.J d I ~ . J;;!lY/?J,~ '.'Tulsa County ;1 h~' .;\,<U l" ~o,\ ZONING REQUIREMENTS If the application is approved, the subject property would be zoned IL (Industrial Light District). According to the City of Owasso Zoning Code, auction houses and retail uses are permitted by right in the IL zoning district. SURROUNDING ZONING North: AG (Agricultural General District) South: IL (Industrial Light District) East: IL (Industrial Light District) West: AG (Agricultural General District) PRESENT ZONING AG (Agricultural General District) SURROUNDING LAND USE North: Vacant South: Industrial East: Industrial West: Vacant EXISTING LAND USE Civic LOCATION See attached legal description. This item was tabled from the February 10, 2003 Regular Meeting. TIle application requested to rezone approximately 5.01 acres, not the L 0 19 acres of the property that was annexed in August. The application has been corrected and a revised legal notice appeared in the February 20, 2003 edition of the Owasso Reporter. The City a Sertoma Club, for the review a for approximately 1 The subject property is located on the side W. west of the W. 2nd Main St. intersection. The applicant is to rezone subject property from AG (Agricultural General District) to (Industrial Light District). addition to civic functions, the applicant is proposing to utilize the facility for various auction and retail uses. A general area map and a complete legal description have been attached for your information and review. OZ-03-01 (Owasso Sertoma Club) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATfACHMENTS 1. General Area Map. 2. 02-03-01 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOMMENDATION Staff recommends approval of 02-03-01, rezoning approximately 1.019 acres, from AG (Agricultural General District) to CG (Commercial General District). If this Commission approves the application, this item does require City Council approval. TECHNICAL ADVISORY COMMITfEE The rezoning was reviewed at the January 29, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for the rezoning. Letters were mailed to surrounding property owners on February 13, 2003 and the legal advertisement was published on February 20, 2003. The subject property was posted on February 13, 2003. Copies of both the letters to property owners and the legal advertisements are attached for your information and review. ANALYSIS As previously stated, the applicant is requesting the review of this application in order to utilize the site for retail purposes in addition to the civic functions currently underway. Additionally, staffhas been made aware of changes that are to occur to the industrial property to the south. The property owner has informed staff that the potential for commercial rezoning requests along the south side of E. 76tlt N. are inevitable. Staff feels that commercial developments along 76tlt St. N. are far more appropriate than industrial uses serving as a "gateway" into the City of Owasso. Staff has also been informed by the Community Development Director that both the north and south sides of E. 76tlt St. N. are proposed for a combination of commercial and park / recreational uses in the current update of the Comprehensive Plan. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of park and recreational. The applicant's proposal would seem to be inconsistent with the Comprehensive Plan in that the applicant is requesting an industrial zoning classification. However, staff feels that by the original approval of the construction of the Sertoma building, a change in the development pattern of the area has been created. Furthermore, this approval would seem to be more appropriate than the original 2010 Master Plan designation. Staff feels that the areas designated as park and recreational to the west Mingo are more than sufficient to serve the recreational needs the area and still allow construction viable, producing commercial sites. Therefore, would be in a (Commercial General District) zoning designation rather than an II, (Industrial Light District). A commercial zoning designation would still allow retail civic uses, but would limit the expansion of industrial uses to the west. OPC MEETING DATE APPROVED DENIED SUBMITTAL DATE FEE RECEIPT NUMBER Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Ow as so calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. DATE NATURE ~~ I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE .~Njlme of person to be billed for publication . \ \ \ \;...:l, \ \, ~~..~ Mailing Address =? t). ~o Name and Address of Record Owner Owasso Sertoma, PO Box ~g], QWriSSO As applicant, what is your interest in this property? DPresent Owner DAgent for Owner DPurchaser DOtner DAHomey for Owner Address or General Location of Subject Property GENERAL 405 vJest 2nd Ave PRESENT ZONING~.~~ ~ .,~..__ PRESENT PROPOSED ZONING.__~ L, ll~~~~(i.~i::} ~Y(rv) PROPOSED LEGAL DESCRIPTION OF LAND UNDER A~ION (If metes and bounds, attach plat of survey) L -- A Inld oflmd slIuated in the sw ~ of Seclioo 00, TO\WIship 21 NmIh, Range 14 East of the IndIM Base ami MeI'idIarD, TI.I!lla County, Slate of Ok.la!lllma. being mere ~ 00aaibed all foI!o\I\I!l. Io-wit ~ at the ~ COOOOfofthe.~ plat of MclJisoo, T~ ami \ SMla Fe", an 00dffi00 to the City of Owasso, Tulsa Comly, Oklahoma, acoofding to the ~ pIallboold, ~ ~ f1I!P 59'14" W I'<< 148.00 Celli, ~ NOd' or$' WI'<< 1551124 fool, ~ ~ ~ E b21o.41 ~ ~ S ocff.fr"5S E:aOO aloog the West Jim of ~.~ plat of Mmoon, T~:aOO ~ F'a", fur 1401.00 foot 1.0 the Point d~ am ~ 5JJ1 acms, mom or less. REZONING APPLICATION P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 CITYOFOWASSO ~ As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. The property is further described as lying on the north side of W. 2nd St. approximately 1600 feet west of the W. 2nd St. and Main St. intersection, Owasso, OK. BEGINNING AT THE SOUTHWEST CORNER OF THE "AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA FE", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 89059'14" W FOR 148.00 FEET, THENCE N 00007'56" W FOR 300.00 FEET, THENCE S 89059'14" E FOR 148.00 FEET, THENCE S 00007'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS. A TRACT OF LAND SITUATED IN THE SW \;4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the loth day of March, 2003. At that time and place, the Owasso Plaooing Commission will consider a request from Owasso Sertoma Club, applicant/owner, for a proposed change of the zoning classification of approximately 1.019 acres, more or less from AG (Agricultural General District) to IL (Industrial Light District). The subject property is described as follows: (918) 376-1540 F~~ (918) 376-1597 ~~~~'. &'~<<'~o,(". / 0: - ~\ -_.4-S->-.. ~ ,.\ ~" ;.' _ 0 '\ i ~J;:~. ').--.. .(;/., ,';\ t 0' <'J~ "../,\ {. -.Jr' .l~,'.l ':1 ':*' ....:,~~ I)J*) .\. \,.".Jk/ / \~",~~~;> . IVIaiIl 180 111 City of OHJasso Department of Community Development Robert City Sincerely, Dated at Owasso, Oklahoma, this 11th day of February, 2003. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Plaooing Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. To be considered is a rezoning of approximately 1.019 acres, more or less from AG (Agricultural General District) to IL (Industrial Light District). The property is further described as lying on the north side of W. 2nd St. approximately 1600 feet west of the W. 2nd St. and Main St. intersection, Owasso, OK. BEGINNING AT THE SOUTHWEST CORNER OF THE "AMENDED PLAT OF ATCmSON, TOPEKA AND SANTA FE", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 89059'14" W FOR 148.00 FEET, THENCE N 00007'56" W FOR 300.00 FEET, THENCE S 89059'14" E FOR 148.00 FEET, THENCE S 00007'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCmSON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS. A TRACT OF LAND SITUATED IN THE SW ~ OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: Notice is hereby given that a public hearing will be held before the Owasso Planning Cow.mission, in the Owasso Community Center, Oklahoma, at 7:00 P,M, on the 10th day of March, 2003. APPl,lCA TION: Oz..03-0l NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OW ASSO, OKLAHOMA Robert Moore City Plaooer 1 at Owasso, A map showing the proposed rezoning accompanies this notice. more information on the proposed rezoning contact the City Planner, City Hall, 111 N. Main Street, Owasso, 74055, or The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. In this particular case however, staff feels that the application is simply an addition to an existing subdivision and denial of the request would prove to be counter-productive to the goals and objectives outlined within the City's 2010 Master Plan. Staff believes that it is in the best interest of the City of Owasso to annex this property rather than relying on Tulsa County to serve the site once completed. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon aooexation. The applicant has applied for a change in the zoning classification from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). This application is scheduled for the April 7, 2003 regular meeting of the Owasso Plaooing Commission. Prior to the scheduled public hearing, a rezoning sign will be posted on the property and property owners within 300' of the property will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ANALYSIS: The applicant is requesting this annexation petition in order to complete Country Estates VI, a residential subdivision. The property is bordered on the south, west, and north by Country Estates III, IV and V, respectively. The applicant has completed the infrastructure and utility construction while the property remained in Tulsa County. Additionally, the applicant has forwarded copies of construction plans and the preliminary plat to ensure that the property would meet City of Owasso development standards. City of Owasso Public Works Department staff has informed this office that all infrastructure construction completed to date meets City standards. The City of Owasso has received a request from DG&S Properties, applicant(s)/owner(s), for the annexation of approximately 11.33 acres, more or less. The subject property is located on the west side of N. Garnett Rd., approximately 2,640 feet north of the E. 116th St. N. and N. Garnett Rd. intersection. A general area map and a complete legal description are included with your packet. BACKGROUND: March ROBERT MOORE CITY PLANNER F'ROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Plaooing Commission Staff Report (w /0 attachments). 3. OA 03-02 Application. 4. City of Owasso Aooexation Policy. 5. City of Owasso Procedures for Aooexation. 6. Legal Notice. ATTACHI\1ENTS: Staff recommends Council approval of the request to aooex into the corporate limits of the City of Owasso 11.33 acres, more or less. RECOMMENDATION:. If the request is approved by the City Council, an ordinance will be presented at the April 1, 2003 City Council meeting formally adopting the approvaL The Owasso Plaooing Commission at the March 2003 regularly scheduled meeting unanimously recommended approval of the petition. The Owasso Annexation Committee reviewed the annexation petition at February 2003 special meeting. At that meeting, the was unanimously recommended for approval. ANNEXATION COMMITTEE: The aooexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: III North Main Street P.O. Box 180 O\vasso, OK 74055 TIllS MAP IS FOR INFORMATIONAL PURPOSES ONLY ANDIS NC TRUE SCALE. USE OF TIllS MAP IS W]TIlOUT WARRANTY OR R COMMUNITY DEVELOP]\'lENT DEPARTMENT OF ITS AcaJRACY. GENERAL AREA MAPZ-19-03 PH: (918) 376-1500 FAX: (918) 376-1597 www.cityofowasso.com NORTH DG&S Properties CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT g OA 03-02 -'--,1 0'<<_.___. Ee 126th St. N@ @] ~i r~-! I.... L~ Ii = .ll .. "{II - :,j I Ii, 10'01 //1 . 11 T ~ ~;'Q / ~.\,;,.,J. . IS / ,,; I';!:) . Qj /'" / U/~ ~ " " ' ,- I IT G>;~\5':) \c'f, ," \J U. d.LI '-.l I i lJ_l ~//a'\ <1'f,'\,o, /,'/rlTt'I"tl,[T-I'l1.\-. '.t~, I~ .....1 Y ( ,'/ /-. c'. -1')..' / I' -;- [ '_'IJ$'~ i f---I 'jJ'y .~) :\\'\,1l >Y /. ] L '.lJ _. l.!.. j 1 0.\"1 L ' CO, 'I G CO.,} ( , )/ -r" ,'" ""j--'-'" ~..<;,'\: . "," '..., .1:::' /,f /./ I II'r'II 11i'l"V,I,lill""II"'" " I ',' (/, r- f'" ,.-,'.' ,..,___.1 '<;:\1' s:: / 'J /. 'V / 'i" I J Ii, I "'-~ I, I I ' 1 "~' ,1;:-: , J "( >', '. // l __L_ _~J_ ~ - 11 t\X\_V , ,--~~_J 1--< ...._J ~ 110_ /, Ij {' "y~/! r I-I r r T~r'l i/'\{) ! ~J~' (~-rI~I--y-'r -) (- it) '/ /" ./.-" I ( I;' , 1 I I I I I U I I I II I I I 'III~__JI I I /' v 1"1 n" 1" '''1''r ""'-['j ,"j i I'j-- ''''''',<::\ ," ",// I I'ILI'J 'II ,,1.1 je,.., 'f/" ",,/,>-' \..._- _l.~ l~l __ _1 _~)_L_~:....~ I_LJ IJ__J -~-,~~ /"1 '\\/ "'TTl-rr--"" -"0'-"-',-1' ""',,;:-: ./ / I ~.. " .. . ''''01'' " ' ,/ ' 'J i ! L : f : I 1 I II , '?"'1F< /11 " . ,) ""''''''~'''-I 'T-"'1'IT+- _ ,/1 ~ /~: !,-~~~v{JJ_I~! I Jj_L) !_LIJ~ uJ_~~_!j!-- ///;, ,C/, ;',1 I~'~/( "'!oiVi""1\-i\)'\:Trl"II'I"ITITiT[i~S, i 1'1 1::::"'= r-::...::: :" ,J rJ' ,('1,1'-; '.. .!-, I) r[ R I ~\erSi j"[T[J ITTLT1~$\o;l")\11; \-LII~':::: I I "" f I, I j" '- '-~c,\\J" .-..L__ --'- ffV -,-_ /', I I ] IIiv' "/-,1 I /-/-," ''"'J'''r-['~{' r'l" fTl."J",[l_-""'I'- '_,I "f- , ' , " ,'-'I 111-- -;? /7..7 /L.., [ lo1.6.JiJ I'=~}.L I_d.ll (-j !] 1.1 M1\\L' '.1 1/ /" L ....!.. L,.. \-- /1,1/.. ' '.-/c,\Q ~nv.-J "-", I ..I "..,k' 0, f'::'-: ~/ / T"ITI'l-('" j --. ,;1 ,I x.i _ I 1__ .__\L._" / ' \ / ,'['J jf~1,~, "" -'11 I I L j! I '.. I r.... j ,,,L...l,_-,- , C -. 'l'l;.. l!F TTJ '--I I - .. '-=il I - Il':!../ {"-.L "rI\: . ( I I' 1"1 I '-', ~- '" C::,:.I i I , (I ~"T j! )- - \~', I 1 I 1 IL..( ,....J5;., 1._.. ". '...I I 1..-\ '-1--" ,....-I ~' (IJ 1==1 1 L/';~r~F~ 1=1 _._c....L.I ,--L'-E=L-l'l~th"'St, SUBiJEJ~l~ PROPERlY The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. The applicant has applied for a change in the zoning classification from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). This application is scheduled for the April ANALYSIS The applicant is requesting this annexation petition in order to complete Country Estates VI, a residential subdivision. The property is bordered on the south, west, and north by Country Estates ill, N and V, respectively. The applicant has completed the infrastructure and utility construction while the property remained in Tulsa County. Additionally, the applicant has forwarded copies of construction plans and the preliminary plat to ensure that the property would meet City of Owasso development standards. City of Owasso Public Works Department staff has informed this office that all infrastructure construction completed to date meets City standards. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: RS-3 (Residential Single Family High Density District) East: AG (Agricultural District) - Tulsa County West: RS-3 (Residential Single Family High Density District) PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Residential - Single Family South: Residential- Single Family East: Vacant West: Residential- Single Family EXISTING LAND USE Vacant LOCATION See attached legal description. BACKGROUND The Cit'j of Owasso annexation of approximately 1 acres, more or The property is west side of N. Garnett Rd., approximately feet north the E. 116th Garnett Rd. intersection. area map a complete legal description are your information and review. OA 03-02 (DG&S Properties ~ 6-21-14) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City ofOwasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the DG&S Properties to annex into the corporate limits of the City of Owasso approximately 11.33 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their Febmary 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the peti.tion will be forwarded to City Council for final review and approval. Staff published legal notice of the annexation petition in the February 20,2003 edition of the Owasso Reporter. The required legal notification will continue for three consecutive weeks prior to City Council review, Furthermore, staff has received no phone calls or correspondence concerning the request. A copy the Annexation Policy is attached your information review. subject property meets all of the requirements included within the policy with the exception tract In this particular case however, staff feels that the application is simply an addition to an existing subdivision and denial of the request would prove to be counter-productive to the goals and objectives outlined within the City's 2010 Master Plan. Staff believes that it is in the best interest of the City of Owasso to aooex this property rather than relying on Tulsa County to serve the site once completed. 7,2003 regular meeting of the Owasso Planning Commission. Prior to the scheduled public hearing, a rezoning sign will be posted on the property and property owners within 300' of the property will be notified. Additionally, applications forthcoming include preliminary and final plats. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ~c:::-~~ ~sallee - Manager f '2-- t:I" 3 Owner: DG&S Properties, L.L.C. DATED this/7 day of, Being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Ow as so, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. A TRACT LAND IN A OF THE OF SECTION 6, T-21-N, R-1 OF THE IS&M, IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESRISED AS FOLLOWS: COMMENCING SE CORNER OF THE SE/4 OF SAID SECTION; THENCE NOoo05'14"E ALONG THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO THE SE CORNER OF THE NE/4 OF SAID SECTION; THENCE NOoo05'19"E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N89039'43"W, A DISTANCE OF 485.00 FEET; THENCE NOoo05'08"E, A DISTANCE OF 100.00 FEET; THENCE N89039'43"W, A DISTANCE OF. 176.76 FEET; THENCE SOoo06'48"W, A DISTANCE OF 634.24 FEET; THENCE SOoo01'50''W, A DISTANCE OF 294.08 FEET; THENCE S89041'20"E, A DISTANCE OF 300.00 FEET; THENCE NOO"04'37"E, A DISTANCE OF 199.62 FEET; THENCE S89"40'22"E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING. CONTAINING 11.33 ACRES. The Undersigned, constituting not less than three~foU1ths ofthe registered voters being the o\vner of not less than th.ree-fourths (in value) of the hereinafter described estate situated in Tulsa County, Oklahoma, to wit: PETITION FOR ANNEXATION BEFORE Till HONORABLE CITY COUNCIL OF 'IFIE CITY OF OW ASSO. OKLAHOMA QA ~ 0 3 <- 0 I Adopted by City Council on March 1, 1988. 1" While there is no minimum tract size, properties of larger than 20 acres are preferable. 20 All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their propertyo All legal uses annexed into the City will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. S. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-ot-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected tor annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation, ANN City OfOWllSSO Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918)376-1543 Fax: (918)376-1597 .opted by City Council on March I, 1998. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with II mJp of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. L Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. " ~EN SPONSORED A1\JNEXA TION: 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. - 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the OWJSSO Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the Council. 3. ew by a Standi Annexation Committee and recommendation to the Planning Commission and City Council. 2. Notice published two consecutive weeks in the O\;\/asso Rr:;porter of a Planning Commission Hearing which will include a map and text of the proposed annexation. l. City Council direction to study the annexation of property. - -':- COUNCIL SPONSORED Ai'iJ.\iEXATrON: PROCEDURES FOR ANNEXATION See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 111 N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. You are hereby advised that the above petition for aooexation was filed with the Community Development Department of the City of Owasso on the 17th day of January, 2003, and that said petition will be presented to the City of Owasso Plaooing Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the loth day of March, 2003. NOTICE TO THE PUBLIC Owner: DG&S Properties, L.L. C Stan Sallee - Manager Dated this 17th day of January 2003. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. COMMENCING SE CORNER OF TIlE SE/4 OF SAID SECTION: TIIENCE N 00005'14" E ALONG THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF BEGINNING; TIlENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO TIlE SE CORNER OF TIlE NE/4 OF SAID SECTION; THENCE N 00005'19" E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N 89039'43" W, A DISTANCE OF 485.00 FEET; THENCE N 00005'08" A DISTANCE OF 100.00 FEET; THENCE N 89039'43" W, A DISTANCE OF 176.76 FEET; TIlENCE S 00006'48" W, A DISTANCE OF 634.24 FEET; TIlENCE S 00001'50" W, A DISTANCE OF 294.08 FEET; THENCE S 89041'20" E, A DISTANCE OF 300.00 FEET; THENCE N 00004'37" E, A DISTANCE OF 199.62 FEET; THENCE S 89040'22" E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING, CONTAINING 11.33 ACRES, MORE OR LESS. MORE TRACT LAND IN APART THE Ei2 IN IRE OW ASSO, IlJLSA COUNTY, PARTICULARLY FOLLOWS: The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to~wit: BEFORE THE HONORABLE CITY COUNCIL OF TIlE CITY OF OW ASSO, OKLAHOMA PETITION FOR ANNEXATION Robert Moore City Planner Dated at Owasso, Oklahoma, this 11 III day of February, 2002. The aooexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: A copy of the Aooexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Staff feels that the aooexation of this property would prove to be advantageous and in the best interest of the City of Owasso. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water District. The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. The applicant is requesting this annexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract "B" containing approximately 6.98 acres and Tract "c" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon aooexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ANALYSIS:. The City of Owasso has received a request from Owasso Land Trust, applicant on behalf of Michael Ray Sharp, owner, for the aooexation of three tracts of land totaling 30.54 acres, more or less. The subject properties are located on the south side of E. 106th St. N., approximately 1,320 feet east of the N. Garnett Rd. and E. 106th St. N. intersection. A general area map and a complete legal description are included with your packet. ;BACKGROUND: 11 9 2003 ROBERT MOORE CITY PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report (w /0 attachments). 3. OA 03-03 Application. 4. City of Owasso Aooexation Policy. 5. City of Owasso Procedures for Aooexation. 6. Legal Notice. ATTACHM:ENTS: Staff recommends Council approval of the request to annex into the corporate limits of the City of Owasso 30.54 acres, more or less. RECOMMENDATION: presented at the April 1, the request is approved by the City Council, an ordinance 2003 City Council meeting formally adopting the approval. meeting Owasso Planning Commission at the unanimously recommended approval the petition. PLANNING COMMISSION: The Owasso Aooexation Committee reviewed the aooexation petition at the February 26, 2003 special meeting. At that meeting, the item was unanimously recommended for approval. ANNEXATION COMMITTEE: ""',' ,.,: I'~' SUBJEl'1 ! PRUPIi:~rY\ ' . 1m \ I".--m E" IO( ~h St N, !m_ : \ ~ , 0 ~ W~~ ~ . < <<"< 'C~I,'a C0.'t!.IJ!_ ~ ~ ~ 0 ii"' i!ml r'. Jt't uy UJ,). I ! I i I ! /l ~ 1- "T-! ~~Jt:~~c::!: CT.:::: F-r.::. [I: )-.,,!j " ~=: tit ! }../.J r=I I Le- i'--o j i.::.= \:::::=-== S~t-- "i. 1</,) ;--q j . :;," :~~ t::::t= '-()i:~\i,~ :,~f.j/ "lj:::J::::] ";":1,." ,..d. "~"~i. i----- ! !:-:.:i:::::<)~S\'>tt:~c:~,// ((/:1;..\ --\-.\ ,~>: Ii !....- ,...!... n7lJJ 7. 1'.' ~;if'-"i<~:\ \:'.'e: \/ ~-'""", 'i"! :1 '--- '---..... , rt 'c. ' !:::::1'1/.~ ~~:</ I I i I '_! 1:::::::___ :: :>\U~; 1,:::<~5;;'::Trl rT~=!JJ~1 ! I I i I I \ i" f;n! 1,,, '" 'i"" ~q ij]L[lj! v~/=J:. ,i'__ _,__ _ 111 ;, ---'i. >:~.:~~(~\--- ,-+....- ( ,;( :.::::: -':-:f(2S' / '\ >\/m..:::::: :::::::;= :::::: <: ~ .__._". .' ./', ......f-..-- ...... --.. '..mr~--'-'-' ~ "'m_ i<: /...,..- --..- l;;;C"- -... --.. .,,-'---- ~d .....--.. .....-.-,..... -<1 ...- .-.- !..:~o~ ,.. ...-.,..... .... ...... ....... ....... ,-..-.. -..!.- ni. ~.E cc:'l\.... -...... \;.., ..-.. -- ,.... -.... \_r- ..=\-.:.~o~ i ~o$'----- !~__ i~ ,,' .... =-:aj.~,' ,O\~"! i .....iJ2. '\A:~": f...+- ... I I .....-..... ............L.......l:' __". '.._...L__. ...-- ----{ 1--- t / i i !--../ i I I :-ril ~~=:l >c.."",.,,,, i L~~~i0 ~ J'J }-- r-~,oi l)"(bl:.._~ , 4.~iV \- i I - --~, ~;~:/ ~ '"Mil' ~ f_ N~~ "-;]'1~:: II, " j f----- / /) ;'::>/ . \\ ;L~ GENERAL AREA MAP2-I9-03 CITY OF OWASSO COMMUNITY DEVELOPMENT ~ DEPARTMENT OA 03-03 .. Michael Ray Sharp 111 North Main Street PH. (918) 376-1500 NORTH . P.O. Box 180 FAX: (918)376-1597 TIllS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPRESENf AN ACCURAillAND Owasso, OK 74055 www.cityofowasso.com TRUE SCALE. USE OF TIllS MAP IS WITHOUT WARRANTY OR REPRESENTATION BY THE OTY OF OWASSO COMMUNITY DEVELOPMENT DEP ARTMENf OF ITS AcaJRACY. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water ANALYSIS The applicant is requesting this aooexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract "B" containing approximately 6.98 acres and Tract "C" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon aooexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. SURROUNDING ZONING North: RE (Residential Single Family Estate District) - Tulsa County South: RE (Residential Single Family Estate District) East: RE (Residential Single Family Estate District) - Tulsa County West: AG (Agricultural District) - Tulsa County PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Residential - Single Family South: Residential- Single Family East: Vacant West: Vacant EXISTING LAND USE Vacant LOCATION See attached legal description. BACKGROUND The City of Owasso a request Michael the aooexation three tracts land totaling 30.54 acres, more or TIle subject propeltles are located on the south side 106tll St N., approximately 1,320 feet east of the N. Garnett Rd. and 106tll N. intersection. A general area a legal description are attached your information and review. OA 03-03 (Michael Ray Sharp ~ 17-21-14) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City ofOwasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the Michael Ray Sharp to annex into the corporate limits of the City ofOwasso approximately 30.54 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. Staff published legal notice the petition edition the Owasso Reporter. The required legal notification will three consecutive weeks to City Council review of the petition. Furthermore, staffhas no phone calls or concerning the request. A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Staff feels that the annexation of this property would prove to be advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. District The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City, Beginning 395 feet West of the Southeast Corner of the Northeast Quarter (NE/4) of the Northwest Quarter (NW/4); thence North 770 feet; thence West 717 feet; thence North 550 feet; thence West 28 feet; thence South 1,320 feet; thence East 745 feet to the Point of Beginning, all in Section Seventeen (17) Township Twenty-one North (21 N), Range Fourteen East (14E), Tulsa County, Oklahoma; And Beginning at the Northwest corner of the Northwest Quarter (NW / 4) of the Northeast Quarter (NE/4) of Section Seventeen (17), Township Twenty-one North (21 N), Range Fourteen East (14E), Tulsa County, Oklahoma, thence South 1,322, feet; thence East 330,63 feet; thence North 1,322,76 feet; thence West 330.42 feet to the Point of Beginning; And A tract land in the Northeast (NE/ 4) of the Northwest Quarter (NW/4) of Section Seventeen (17), Township Twenty-one North (2'lN), Range Fourteen (14E), Tulsa County, described as follows; Beginning 550' South of Northeast Corner said Northeast Quarter (NE/ 4) of the Northwest Quarter (NW / 4); Thence West 395'; thence South 770'; thence East 395'; thence North 770 feet to the point of beginning; The undersigned, constituting not less than three-fourths of the registered voters and being the owner of not less than three.fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION 299\SHARP This instrument was acknowledged before me on the ~'30day of January, 2003, by David E. Charney, as attorney for Owasso Land Trust, L Co, an Oklahoma limited liability company, and Michael Ray Sharpo /' _(!:/l ~~C C Notary Public STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) C~2_~ By -- f CHARNEY 8: CHARNEY, PoCo ATIORNEY FOR PURCHASERS: OWASSO LAND TRUST, LoCo OWNER: Dated this l2 day of January, 2003. Adopted by City Council on March 1, 1988. 1. While there is no minimum tract size, properties 01' larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural fAG). landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non-conforming, which means tl1at they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. S. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy )'01' the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. N POLICY ANN City of Owasso Community Development Depaliment 111 North Main P.O. Box 130 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (913) 376-1597 7. If the proposal is approved by the City Council, an Ordinance ~vill be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed, 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which include a map and text of the proposed annexation. 4. Plarming Commission Hearing on the proposal and recommemlation to the City Council. 30 Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the PlanninU' .::> Commission and City Council. L Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. . .~EN SPONSORED A.~XA TION: If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 70 City Council hearing and action on the proposal. 6. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 50 Planning Commission Hearing on the proposal and recommendation to the City Council. 4. Review by a Standing Armexation Committee and recommendation to the PlanninU' ::J Commission and City CounciL "" J. Notice published t\\/O consecutive ~veeks in the O\vasso Reporter of a Planning Commission Hearing which will include a map and text 0 f the proposed anne:cuion. 2. City Council direction to study the annexation of property. 1. - .'( COUNCIL SPONSORED ANJ\iEXATION: PROCEDURES FOR ANNEXATION You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 30th day of January, 2003, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the lOth day of March, 2003. NOTICE TO THE PUBLIC Owner: Michael Ray Sharp Dated this 30th day of January 2003. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. BEGINNING 395 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); THENCE NORTH 770 FEET; THENCE WEST 717 FEET; THENCE NORTH 550 FEET; THENCE WEST 28 FEET; THENCE SOUTH 1,320 FEET; THENCE EAST 745 FEET TO THE POINT OF BEGINNING, ALL IN SECTION SEVENTEEN (17) TOWNSHIP TWENTY-ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA, CONTAINING 13.54 ACRES, MORE OR LESS; AND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF TIIE NORTHEAST QUARTER (NE/4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY-ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA TtIENCE SOUTH 1,322.72 FEET; THENCE EAST 330.63 FEET; THENCE NORTH 1,322.76 FEET; THENCE WEST 330.42 FEET TO THE POINT OF BEGINNING, CONTAINING 10.02 ACRES, MORE OR LESS; AND TRACT LAND IN THE NORTIffiAST QUAR1ER (NE/4) THE NORTHWEST QUARTER (NW/4) SECTION SEVENTEEN (17), TOWNSHIP TWENTY- ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 550' SOUTI1 OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); THENCE WEST 395'; THENCE SOUTH 770'; THENCE EAST 395'; THENCE NORTH 770 FEET TO THE POINT OF BEGINNING, CONTAINING 6.98 ACRES, MORE OR LESS; The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA PETITION FOR ANNEXATIQN Robert Moore City Planner 1 at See the attached map for property location. For more information on the proposed aooexation contact the Community Development Department, City Hall, III N. Main, 74055 or (918) 1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. The Owasso Aooexation Committee reviewed the aooexation petition at the February 26, 2003 special meeting. At that meeting, the item was unanimously recommended for approval. ANNEXATION COMMITTEE: The aooexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. Staff feels that although the aooexation does not meet the tract size requirement in the City's policy, the aooexation of this property would prove to be advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. The applicant is requesting this aooexation petition in order to eventually construct a medical office facility. The property is currently zoned RS (Residential Single Family District) in Tulsa County but would be aooexed into the City of Owasso under an AG (Agricultural General District) zoning classification. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. ANALYSIS: The City of Owasso has received a request from Tim Siegfried, applicant on behalf of The United Pentecostal Church, owner, for the annexation of approximately 2.66 acres, more or less. The subject property is located on the north side of E. 96th St. N., approximately 2,640 feet east of the N. 97th E. Ave. and E. 96th St. N. intersection. A general area map and a complete legal description are included with your packet. BACKGROUND: March 11, 2003 DATE: ~ CHURCH ROBERT MOORE CITY PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TO: MEMORANDUM 1. General Area Map. 2. Plaooing Commission Staff Report (w /0 attachments). 3. OA 03-04 Application. 4. City of Owasso Aooexation Policy. 5. City of Owasso Procedures for Annexation. 6. Legal Notice. ATTACHMENTS: limits of the Staff recommends Council approval the request to aooex into the acres, more or less. presented at the April 1, If the request is approved by the City Council, an ordinance will 2003 City Council meeting formally adopting the approval. The Owasso Plaooing Commission at the March 10, 2003 regularly scheduled meeting unanimously recommended approval of the petition. PLANNING COMMISSION: PH: (918)376-1500 FAX: (918) 376-1597 www.cityofowasso.com III North Main Street P.O. Box 180 Owasso, OK 74055 TInS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPRESENf AN ACClJRA1EAND TRUE SCALE. USE OF TInS MAP IS WITHOUT WARRANTY ORI COMMUNITY DEVELOPMENT DEP ARTMENf OF ITS ACCURACY. NORTH CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT g Michael Ray Sharp OA 03-03 GENERAL AREA MAP2-19-03 .. ~ )."'---J E::I:J ITrtfITTT] c. T--, --1-1 rn --H-H'" I... ! I:::-i=i LL_tLl.tL cj--'.."I f-R...' nTillPTl !-:j I 100"'1 I I '.T.h'.'i'4...H~ r I_......~ I I 1_"".' ;1 " ~l ;1 J j A ~ :1 A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. Staff feels that although the annexation does not meet the tract size requirement in the City's policy, the annexation of this property would prove to be advantageous to the stated ANALYSIS The applicant is requesting this annexation petition in order to eventually construct a medical office facility. The property is currently zoned RS (Residential Single Family District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. SURROUNDING ZONING North: RS (Residential Single Family District) - Tulsa County South: RS-3 (Residential Single Family High Density District) East: RS-3 (Residential Single Family High Density District) West: RS (Residential Single Family District) - Tulsa County PRESENT ZONING RS (Residential Single Family District) - Tulsa County SURROUNDING LAND USE North: Residential- Single Family South: Residential- Single Family East: Residential- Single Family West: Public - Owasso Public Schools EXISTING LAND USE Vacant LOCATION See attached legal description. BACKGROUl\TD The City of Owasso a United Church, applicant/owner, for the annexation approximately acres, more or less. The subject property is located on the side E. N., approximately feet east the N. 97th E. Ave. and E. 96th N. intersection. general area a legal description are attached. OA OJ~04 (United Pentecostal Church -18-21-14) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the United Pentecostal Church to annex into the corporate limits of the City ofOwasso approximately 2.66 acres, more or less. OWASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. Staff published legal notice of the annexation petition in the February 20, 2003 edition the Owasso Reporter. The required legal notification win continue for three consecutive weeks to City Council review of the petition. staff has received no or concerning the request. this Commission approves be torwarded to for final review and goals and objectives of the Owasso 2010 Master Plan. The land use of the site was delineated on the 2010 Master Plan as public in nature. It is staff assumption, however, that the area delineated on the Master Plan was for the sole purpose of locating the Bailey Ranch Elementary School and was not an inflexible land use designation. PLEASE SEE AT t ACHED CALIFORNIA ALl~PURPOSEACKNOWLEDGEMENT BY NOTARY PUBLIC PETITIONER: UNITED PENTECOSTAL CHURCH By'f/l~Qm ~~ Mickey Graham i I day of February 2003. Dated this being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City limits of said City. strip, piece or parcel land beginning corner of Southwest Quarter, thence W 400', N 320', E 399.11', S 320' to point of beginning, less the S 30', thereof Section 18, Township 21 North, Range 14 East, Tulsa County, Oklahoma; containing 2.660 acres, more or less; undersigned, constituting not less than three-fourths of the registered being the owner of not less than three-fourths (in the BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION "--{- Adopted by City Council on March 1, 1988. 10 While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and Sllould not be construed as inflexible requirements for annexation. UCy ANN City of Owasso Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (918) 376-1597 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office ofthe County Clerk, with a n1Jp of the property annexed. 6 City Council Hearing and action on the proposaL 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which include a map and text oC the proposeJ annexation. 4. Plalll1ing Commission Hearing on the proposal and recommendation to the City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which witI include a map and text ofehe proposed annexJtion. -, Review by a Standing Annexation Committee and recommendation to the PlanninU' ;:j Commission and City CounciL L Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. - ~EN SPONSORED fu""fNEXA TION: 70 If the proposal is approved by the City Council, an Ordinance wi!! be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the ty Council. J. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 2. Notice published t\VO consecutive \veeks in the O\'I/asso Reporter of a Planning Corrunission Hearing which will include a map and text 0 f the proposed annexation. L City Council direction to study the annexation of property. --~. COUNCIL SPONSORED ANNEXA IION: PROCEDURES FOR ANNEXA TrON Robert Moore City Planner ~ Dated at Owasso, Oklahoma, this 11th day of February, 2002. See the attached map for property location. F or more information on the proposed annexation contact the Community Development Department, City Hall, III N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 6th day of February, 2003, and that said petition will be presented to the City of Owasso Plamling Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the 10th day of March, 2003. NOTICE TO THE PUBLIC Owner: United Pentecostal Church Dated this 6tl1 day of February 2003. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. CORNER OF THE POiNT BEGINNING, NORTH, RANGE 14 MORE STRIP, LAND BEGINNING QUARTER, TIIENCE W 400', N , E 11', S S , 18, TOWNSHJP OKLAHOMA; CONrAINlNG The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE THE HONORABLE CITY COUNCil- OF 'TI-ffi CITY OF OW ASSO, OKLAHOMA PE'TITION FOR ANNEXATION The property is currently zoned AG (Agricultural General District) in Tulsa County and would Finally, the applicant has had preliminary discussions regarding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the area described in the annexation petition to construct what could become a 100 - 200 acre off-road bike park. The preliminary plans also include some perimeter walking trails and other family oriented amenities. The land donation, although occurring some time in the future and after floodplain feasibility studies, would become the second phase of the proposed off-road mountain bike park. Furthermore, the applicant is requesting this petition in order to construct viable, sales tax producing commercial sites along E. 76th S1. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76th 51. N. Upon successful floodplain fill permits along E. 76th S1. N., the applicant will begin the rezoning and platting process for this area of the property. The purpose of the applicant's annexation request is three-fold. First, the City of Owasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting of the property. ANALYSIS: The City of Owasso has received a request from Allen and Doris Robinson, applicant(s)/owner(s), for the annexation of approximately 150.51 acres, more or less. The subject property is located on the south side of E. 76th 51. N., at the southeast corner of the N. 97th E. Ave. and 76th 51. N. intersection. A general area map and a complete legal description are included with your packet. BACKGROUND: March 11, 2003 DATE: ROBERT MOORE CITY PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report (w /0 attachments). 3. OA 03-05 Application. 4. City of Owasso Annexation Policy. 5. City of Owasso Procedures for Annexation. 6. Legal Notice. ATTACHMENTS: Staff recommends Council approval of the request to annex into the corporate limits of the City of Owasso 150.51 acres, more or less. RECOMMENDATION: If the request is approved by the City Council, an ordinance will be presented at the April 1, 2003 City Council meeting formally adopting the approvaL The Owasso Planning Commission at the March 10, 2003 regularly scheduled meeting unanimously recommended approval of the petition. PLANNING COMMISSION: The Owasso Annexation Committee reviewed the annexation petition at the February 26, 2003 special meeting. At that meeting, the item was unanimously recommended for approvaL ANNEXATION COMMITTEE: The annexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: copy of the Annexation Policy is attached for your information and review. subject property meets all requirements included policy. Staff feels that the benefits annexing a piece of property such as this far outweigh any the potential negatives such an action. remain this same classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. NORTH I III North Main Street I PH: (918) 376.1500 P.O. Box 180 FAX: (918)376-1597 Owasso, OK 74055 www.cityofowasso.com CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT o Allen and Doris Robinson OA 03-05 GENERAL AREA MAP2-19-03 1"'> 5th~1\. 't- i !' I I , ~~@ L_J~nLLjl ~ I ~ ;1 l\.5<~iO: f' ~o,\\ I SUBJE' PROPERT'i' L ~~~i .QO . s ( , Z \ -. ,~ ;'?Xi Furthermore, the applicant is requesting this petition in order to construct viable, sales tax producing commercial sites along E. 76th S1. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76th S1. N. Upon successful ANALYSIS The purpose of the applicant's annexation request is three-fold. First, the City ofOwasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting ofthe property. SURROUNDING ZONING North: IL (Industrial Light District) / CH (Commercial High Intensity District) South: AG (Agricultural District) - Tulsa County East: IL (Industrial Light District) / CH (Commercial High Intensity District) West: AG (Agricultural District) - Tulsa County PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Vacantllndustrial/CiviclPublic South: Vacant East: Residential - Single FamilylPubliclIndustrial West: Vacant EXISTING LAND USE Vacant LOCATION See attached legal description. a ITom Allen applicant(s)/owner(s), the 1 1 acres, more or subject property is on the south side ofE. N., at comer 97th Ave. 76th N. A area description are attached your information review. OA OJ-05 (Alien and Doris Robinson - STAFF REPORT CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Staff recommends approval of the request by the Allen and Doris Robinson to annex into the corporate limits of the City ofOwasso approximately 150.51 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. Staff published legal notice of the almexation petition in the February 20,2003 edition of the Owasso Reporter. The required legal notification will continue for three consecutive weeks prior to City Council review of the petition. Furthermore, staff has received no phone calls or correspondence concerning the request. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Staff feels that the benefits of annexing a piece of property such as this far outweigh any of the potential negatives of such an action. property is currently (Agricultural General District) in Tulsa County would remain this same classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign win be posted on the property and property owners within 300' win be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. Finally, the applicant has had preliminary discussions regal.ding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the al.ea described in the annexation petition to construct what could become a 100 - 200 acre off-road bike Pal.k. The preliminary plans include some perimeter walking other family oriented The land donation, although some future after feasibility floodplain fin permits along E. 76th St N., the applicant will begin the rezoning and platting process for this area of the property. ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. .;:i8.:i!", tARRY R KORNEGAY (7 ... \,l..,., Tulsa County \ { Sr,AI.}) ~jolar1 Pubhc In and for .'~S(/;!,,/ Sta~a of Oklahoma ..<...".... Allg 24,2004. 2250Z (l1{r_) ! 1 )!.' .;-1 /;"T7; Ii ) f :; (~ '",' r/~',f' ~ L. L(...,/<". --. -- ,{ ,) c/' JUGIV' . My Commission Expires: STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) tf.. This instrument was acknowledged before me on the k day of February, 2003, by Allen Robinson and Doris Robinson. l/ j~ ;? ~tA~ Allen Robinson ~" (1. i _ \..J"D--t..-\...o-0 ~40;,l..-L.,>,,--_ Doris Robinson OWNER: being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Ol<lahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this l2.t.!'day of February, 2003. All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE/4 NW / 4) and that part of the North 200 feet of Lot Three (3) and that part of the North 200 feet of the Northeast Quarter of the Southwest Quarter (NE/4 SW/4) of Section 31, Township 21 North, Range '14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, lying west of the AT.&.S.F. Railroad Right of Way; \ All of Government Lot One (1) and the Northeast Quarter of the Northwest Quarter (HE/4 NW/4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, LESS AND EXCEPT the West 987 feet of the North 417.42. feet of said Northeast Quarter of the Northwest Quarter and LESS AND EXCEPT the North 2.33 feet of that part of the Northeast Quarter of the Northwest Quarter lying east of the west 987 feetthereof and west of that part of the A.T.&.S.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter; and The undersigned, constituting not less than three"fourths of the registered voters and being the owner of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION WOU110SQ F1l1!:1Il 2114.::1140 DATI::: 02/11/03 Benchmar~e)'ing and Land Services, Inc. P.Q.13o:< 1078 I'HON!;J (';lIS) 274-"O1l1 OWAM. OK. 7<l1l:\5 FAX (910) Z/4-J:1JQ1 C.A NO. :1U5 IlXP bAll! 61(t)!03 \<:.' B9'46'4~" E 333,48 \ \ \ ~w 'l;J J \ 0 \ \ 0 \ \ ~ .= \ -- ;,;~ . I <::) ~I~ tOj$) ~ Ql I I ~ I I r:-- ~ I /'7S'fl/W ~ I I 0 <( JU7"OS' j R=3'137,f2' I ko............ 25" (JO · j S '16"25'18" 11 / ~ j.. / ,:V / ~." /~~ j t;'.!S~ /~ / / 67.84 · s 18'84'42" W' 2211.82' N 8S"4S'02" IV N 76'25'18" W" fOO,OOe ~u~~_______ NORTH LINE LOT 2 u.: (I) 150.51 Acres o a::: OUT S 88"46'46" It 987,00 · ~ ~=f50r=r~=~~== 7T G I 15 P.$.O. EASEMENT ~ (SK. 5139, PG. aW) ", .'~.. .,.",., ~~-. .<=>q. ..,..... q...,..- ~.".. ......... S (JOt3 '14" If' 411,48' S 89'48'46" E 1326,18' 1" -500' , '\ ~ AI ~ ~ Exhibit of Part of the NW/4 of Section 31 T -21-N~ R-14-E Feb. 11 200] 12:25PM P1 H4X ~jO. : 3416067 r r::u!'1 ; t1cl'~l..Hl'IHt--:K ~U~lJ!:: r 1 ~llj & i ~ .. ~~ ~~ ~~ ~ w &: :J ~ 't3 i !'mASS CAP NW CORNE:fl SECTION 31 Adopted by City Council on March 1, 1988. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and s~lOuld not be construed as inflexible requirements for annexation. City of Owasso Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (913) 376-1597 ,,;,>~ . /~\1Y 'JF CWAS~"-\, ~...~"'-"" ~ """"Sq ,) 41.,( .// (",~~.."o~:;'.o\.' '* r:;\'I~~ ,~,~,\t\ . e, i// l' . , ) ~'!\'i. ' .' .x" \ \. ' l.@\{J.J;!j \ .,' ._""='_ i I .I! \', ."'- -.'/ j, ! " "<"" _':'/ j ,il ~,~AJ~~~ A/Y -~or- nil'. lnP\.. .c// ""'~/~~ opted by City Council on March 1, 1998. 7. If the proposal is approved by the City Council, an Ordinance vl;ill be prepared. approved, published, and filed of record with the office of the County Clerk, with a mJp of the property annexed. 6 City COlIncil Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the arplic::wt'5 expense of a City Council Hearing which include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommemiatlon to the City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the PlanninU' :::J Commission and City Council. L Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. o ~EN SPONSORED A,~XATION: 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 6. City Council hearing and action on the proposaL 5. Notice published two consecutive weeks in the Owasso Reporter of a City COLlIled Hearing which will include a map and text of the proposed annexation. 4, Planning Commission Hearing on the proposal and recommendation to the City Council. 3. Review by a Standing and recommendation to the Planning Commission and. City Council. 2. Notice published t\VO consecutive weeks in the O\;vasso Rep0!1er of a Planning Commission Hearing which wiI! include a map and text 0 f the proposed annexation. 1. City Council direction to study the annexation of property. - -"\:' COUNCIL SPONSORED ANNEXATION: PROCEDURES FOR ANNEXATION See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, III N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 11 th day of February, 2003, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the loth day of March, 2003. NOTICE TO THE PUBLIC Owner: Allen and Doris Robinson Dated this 11th day of February 2003. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE/4 NW/4) and that part of the North 200 feet of Lot Three (3) and that part of the North 200 feet of the NOltheast Quarter of the Southwest Quarter (NE/4 SW/4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Smvey thereof, lying west of the AT.&S.F. Railroad Right ofWay~ All of Government (1) the Northeast the NOlthwest (NE/4 NW/4) 31, North, Range 14 County, State Oklahoma, according to the U.S. Government Survey thereof, AND EXCEPT the West 987 feet of the North 417.42 feet of said Northeast Qumter of the Northwest Quarter and LESS AND EXCEPT the North 233 feet of that pmt of the Northeast Quarter ofthe Northwest Qumter lying east of the west 987 feet thereof and west of that part of the AT.&S.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter~ and The undersigned, constituting not less than three-fomths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter desclibed real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA PETITION FOR ANNEXATION Robert Moore City Planner ~ Dated at Owasso, Oklahoma, this 11th day of February, 2002. A copy of the City of Owasso Annexation Policy is attached to this memorandum. The City's policy, adopted by City Council on March 1, 1988, was based on twenty (20) years of annexation history where among other methods; the City utilized the "strip-method" of annexation. ANALYSIS: Currently, the property is zoned AG (Agricultural General District) in Tulsa County. According to the City of Owasso Annexation Policy, all property annexed into the City is required to retain the current County zoning classification or to be annexed within the corporate limits at the least intense City zoning categOlY, or AG (Agricultural General District). Upon successful approval for annexation and prior to any development, the property would be subject to the City's review requirements for rezoning. Some of these requirements include posting the property with a rezoning sign, legal notification to sUlTounding propeliy owners and the publication of a legal advertisement in the Owasso Reporter. ZONING: The City of Owasso has received a petition for the annexation of property lying within Section 6, Tulsa County. The applicant is requesting review of this petition as an appeal of the recommendation for denial at the Janumy 13, 2003 regular meeting of the Owasso Planning Commission. The subject property totals 20.65 acres, more or less and is located on the east side of N. 97th E. Ave., approximately 2,640 feet north of the N. 97th E. Ave. and E. 116th St. N. intersection. A general area map and a complete legal description have been included with your packet. BACKGROUND: March 12,2003 DATE: COMMISSION RECOMMENDATION - PATRICK SCHUMACHER (S6 - TUN - R14E) ROBERT THE HONORABLE MAYOR AND CITY COUNCIL CITY OF MEMORANDUM Staff believes that it is in the City's best interest to annex the Schumacher property or any parcel of land not currently developed in an urban setting to effectively oversee the impact of that Particular to Mr. Schumacher's petition, this tract of land is considered contiguous by a ten (10) foot strip of public right-of-way along the eastern boundary of N. 97th E. Ave. Of interest to the City are the additional two hundred (200) acres of developable land immediately adjacent to the Schumacher property. The argument has been put forth by the Planning Commission however, that the adjacent parcels are currently developed. Staff tends to disagree. Staff feels that the current density of the area warrants some potential for large residential development to occur for a developer who can parcel several of the properties together. There appear to be four (4) single family structures along the N. 97th E. Ave. street frontage and approximately fifteen (15) single family structures along the N. 126th E. Ave street frontage. This would equate to .09 dwelling units per acre or one (1) dwelling unit per every ten (10) acres. The City of Owasso zoning district with the least intense dwelling unit per acre requirement is the AG (Agricultural General District). In the AG district, the maximum number of dwelling units allowed is 2.2 acres per dwelling unit, well above the cunent developed density of the area in question. Owasso has effectively used this method of annexation to ensure that nearby development occurs with a standard above what is allowed by County regulations. Many of the developments where the City has embraced this method include; Coffee Creek, Hale Acres and Ganett Creek. The City uses the "strip-method" to extend its corporate limits into an area before development under County regulations can occur. If a development does occur under County regulations and then requests annexation, all public infrastructure that does not meet City standards will not be improved by the City until brought to City standards and accepted by City Council. Such public infrastructure must be improved at the owners' expense by the establishment of a special assessment district or some other financing method. Therefore, the intent of the policy is to extend into to an area likely to develop and entice surrounding property owners to petition for annexation. With this intent in mind, the policy alleviates the need for any special financing method because the property that would have developed in the County now has the opportunity to be included within the City of Owasso. As stated above, it has been the City's policy that properties not apparently considered contiguous must include in their respective petitions an adequate amount of public right-of-way or a strip of land connecting the property to current city limits in order to create a contiguous parcel. "The municipal governing body by ordinance may add to the municipality territory adjacent or contiguous to its corporate limits and increase or diminish the corporate limits as the governing body deems desirable for the benefit of the municipality. " The policy lists six (6) guidelines for the proper review of annexation petitions. Of pmiicular interest is the City's requirement that all petitions for annexation must include property that is contiguous to existing City limits. In order to create a contiguous parcel, many applicants have provided either a strip of public right-"of-way or a strip parcel ofland. And, in addition to being a requirement of the City's policy for the review of annexation petitions, this "strip method" is also consistent with the Oklahoma State Statutes governing municipal annexations. Title 11, Section 21-101, Oklahoma State Statutes states that: 1. General Area Map. 2. Letter(s) of AppeaL 3. Planning Commission Staff Report (w/o attachments). 4. Minutes from the January 13,2003 Planning Commission Meeting. 5. Annexation Petition. 6. Legal Advertisement. 7. Annexation Policy. 8. Annexation Procedures. ATTACHMENTS: Staff recommends Council approval of the request to annex into the corporate limits of the City of Owasso 20.65 acres, more or less. RECOMMENDATION: If the request is approved by the City Council, an ordinance will be presented at the April 1, 2003 City Council meeting formally adopting the approvaL The Owasso Planning Commission at the January 13, 2003 regularly scheduled meeting unanimously recommended denial of the petition. As stated above this request is an appeal from that decision. PLANNING COMMISSION: The City of Owasso Annexation Committee reviewed the proposal at the December 30, 2002 Special Meeting and unanimously recommended approvaL A copy of those minutes are attached to this document. ANNEXATION COMMITTEE: development if it occurs near the City's corporate limits. Without this oversight, residential subdivisions will continue to develop in the County without requirements for storm water detention/retention and commercial developments that adjacent land owners might consider detrimental to their property values will continue to develop near the City's existing limits. Note: This map is intended for informational purposes only and does not represent an accrnate and true scale. Source: City ofOwlliiso Public Works Department Prepared by City ofOwasso Community Development Department 2-13-03 r / / / / / / / /I Schumacher Property 1!!I'!l!I111 mll!!1iIJ III ~ Illlm!lmlllll~ Undeveloped Property A Part of the South Half (S/2) of the Northwest Quarter (NW/4) of Section Six (6), Township Twenty-One (21) North, Range Fourteen (14) East, Tulsa County, Oklahoma !'iI !m 1m fit1 reI!M 1m 1lY W mE IIliI EN MI '3l ~ City ofOwasso Corpomte LimitE LEGEND Schumacher Annexation Petition Sincere;> ~L/~~? Pat Schumacher I am requesting that the appeal referenced in my January 14, 2003 letter be placed on the next regular City Council agenda. On January 14, 2003, I provided a written request to appeal to the Owasso City Council the denial of an annexation request by the Owasso Planning Commission. I requested that the appeal be heard on February 18th. Pursuant to that request, unsuccessful attempts were made to reconcile differences and concerns of the Planning Commission. Therefore, that request was not placed on the February 18th City Council agenda. Dear Ms. Boutwell: a Ms. Marcia Boutwell City F ebmary 19, 2003 Pat Sc.lnunacher The Planning Commission denied the request at their meeting on January 13111, I! I: lest to appeal the Planning Commission's decision to the City Council at the council's regll . meeting on February 18111. Should you have any questions, comments. or observations pleas.! I ) not hesitate to contact me at 28.8=2053. My mailing address is 9919 North Harvard, Sp~rry, (i : 740,73. to U1e of (JwaS30 Lmmrnsslolfs action of on January 13 th, I an I1ppeal to that recomrnendation, I Council my that the City of Owmmo aru1ex 20,65 acres dmt I own. PI' 'I : is! located on the east side of North 97111 East Avenue approltimatdy reet north of ltersectkm. of 971h East Avenue and 116th Street North. Ms. Marcia Boutwell Owasso City Clerk P.O. Box 180 Owasso, OK 14055 January ] 4, 2003 P.01 918 288 6682 FEB-17-2003 03:28 PM A Z RUBBER STAMP ANALYSIS The applicant is requesting this petition in order to construct RS-3 typical homes on the subject property. As mentioned above, the subject property totals 20.65 acres and is currently zoned AG (Agricultural General District) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning, as mentioned above, is AG thereby leaving the applicant with no option but to accept an AG zoning classification. A rezoning request to allow for residential uses would require notification to property owners within 300' as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. SURROUNDING ZONING North: AG (Agricultural General District) - Tulsa County South: AG-R (Agricultural Residential Single Family Rural District) - Tulsa County East: AG (Agricultural General District) - Tulsa County West: AG-R (Agricultural Residential Single Family Rural District) - Tulsa County PRESENT ZONING AG (Agricultural General DistTict) - Tulsa County SURROUNDING LAND USE North: Residential -- Single Family South: Residential - Single Family East: Vacant West: Residential- Single Family EXISTING LAND USE Vacant LOCATION See attached legal description. The City Owasso received a request Patrick applicant/owner, the annexation of approximately acres, more or less. The subject property is located on the east side of N. 97th Ave. approximately 2640 feet nOlth of the N. 97th and E. 116tl1 St. N. intersection. A general area map and a complete legal description have been attached for your information and review. ANNEXA TION (Patrick Shumacher- Section 6, T N, R14 E) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Petition. 3. City ofOwasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by Patrick Shumacher, to annex into the corporate limits of the City ofOwasso approximately 20.65 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee, at their December 30, 2002 Special Meeting, reviewed the petition and unanimously recommended approval. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their December 30, 2002 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the request will be forwarded to City Council for final review and approvaL Staff published legal notice of the annexation petition for three consecutive weeks beginning in the December 19, 2002 edition of the Owasso Reporter. Staffhas received no phone calls or correspondence concerning the request. Upon development, the subject site would receive residential water and sewer service from the City of Owasso while the burden of extending infrastructure to the site would fall upon the developer. There appear to be no infrastructure issues that would limit the development of the property. review. The subject Staff feels that it is the standards govern A of the is attached for your property meets all requirements included within policy. interest of the City of Owasso to have the City's development of this parcel rather than Tulsa If the annexation were approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City Council. Any development that occurs on the subject property would adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. The Chair introduced the item and the staff review was given by Robert Moore. The applicant is requesting this annexation in order to construct RS-3 homes on the property. The subject property meets all of the requirements included in the Annexation Policy. Staff published legal notice for three consecutive weeks. No calls have been received. The Owasso Technical Advisory Committee reviewed the request at their December 30, 2002 regular meeting. The Annexation Committee also reviewed and unanimously recommended approval. Staff recommends approval of the request, to annex into the corporate limits 20.65 acres, more or less. Mr. Patrick Shumacher, the applicant/owner, 4. Annexation Request - A request for the annexation of property containing approximately 20.65 acres, more or less. The subject property is located on the east side of N. 97th E Ave. approximately 2640 feet north of the N. 97th E Ave. and E. 1161h St N. intersection. The motion carried 5-0. Ray Haynes - Yes Charles Willey - Yes Dewey Brown - Yes Dale Prevett - Yes Bill Williams - Yes 3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 9, 2002 REGULAR MEETING - The Commission reviewed the minutes of December 9, 2002 Regular Meeting, Charles Willey moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recorded as follows: 2. ROLL CALL 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. The agenda for the regular meeting was posted at the north entrance to City Hall on January 6, 2003 at 12:00 PM. ST AFF PRESENT Robert Moore Marsha Hensley Rickey Hayes MEMBERS MEMBERS PRESENT Ray Haynes Charles Willey Dale Prevett Dewey Brown Bill Williams OW ASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, January 13,2003 Owasso Community Center 301 South Cedar, Owasso, Oklahoma The Chair introduced the case and Robert presented the item. The surrounding land use and surrounding zoning was described. The Owasso 2010 Master Plan identifies the subject property as having future land use of public and low density residential. Staff feels that this proposal is consistent with the Master Plan for several reasons. The Master Plan labels the north half of the property as having a future land uses as public. If this property did develop as a public use, it would be the third such land use category in this section, a use of high intensity residential would further opportunities for home ownership. The Master Plan identifies the southern half of the site as a future use of low intensity residential. The plan defines low density residential as having a density of 2 - 5 dwelling units per acre. The Morningwood Preliminary Plat contains 58 lots on 15.00 acres with a density of 3.8 units per acre. The Technical Advisory Committee reviewed the request at their December 30, 2002 meeting. No comments were received. Staff recommends approval of the rezoning from AG (Agriculture) to RS-3 (Residential Single Family High Density District). The access easement to the west was discussed. Mr. David Charney requested a brief presentation to the Commissioners. He stated that Owasso Land Trust feels that it was very important to develop this property in an 5. OZ-02-1O - A request to rezone approximately 15.00 acres, more or less from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). The subject property is located on the south side of E. 116tl1 St N. approximately 1700 feet east of the E. 116tl1 St. N. and N. Garnett Rd. intersection. The motion carried for denial 5-0. Ray Haynes - Yes Charles Willey -- Yes Dale Prevett ~ Yes Dewey Brown - Yes Bill Williams - Yes After discussion, Bill Williams moved to deny the annexation request. The motion was seconded by Charles Willey. A vote on the motion was recorded as follows: was present to address any concerns. Ray Haynes and Charles Willey questioned whether it was advantageous to amlex the subject property. Interpretations of the State Statue regarding the annexation of contiguous property were also discussed. Robert explained that the property to the south will possibly be annexed into the city limits at a later date and it is Staff's opinion the annexation of this property is advantageous to the City Owasso. also stated that the annexation request does meet City policy and is adjacent to the public right -of-way. Robert suggested tabling this item until the February Planning Commission meeting. Ray questioned that if the item is tabled could anything change if the applicant's attorney would be present. OW ASSO PLANNING COMMISSION January 13, 2003 Page No, 2 Petition fill Annexation.wpd Jfr'ifH-r .- . ---.- .---. .__/).J J By Sch macher <~ Dated this '3 J..... day of December, 2002. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Beginning at the Southwest comer of said Northwest Quarter (SW/4 NW/4) said point also being the Southwest comer of Government Lot 5, thence North 00 06' 48" West and along the West line of said Northwest Quarter (NW/4) for a distance of 663.85 feet, thence South 89042' 20" East for a distance of 1335.00 feet, thence South 00 06' 48" East and parallel to the West line of said Northwest Quarter (NW/4) for a distance of 644.82 feet to a point on the South line of said Northwest Quarter (NW/4), thence South 89028' 54" West and along said South line for a distance of 1335.00 feet to the point of beginning and containing 20.05 acres. lying the the Northwest (S/2, NW/4) Section Six (6), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, TUba County, State of Oklahoma, and being more particularly described as follows, to-wit: The undersigned, constituting not less than three-fourths of the registered voters and owners of not less than three-fomihs value) of the hereinafter described real estate situated Oklahoma, to wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA PETITION FOR ANNEXA. TION r-'a~n """......,u l210:1I 20 Zl R>lSOI07jOS Iii t T ! MD. '>'14 '"" ~..:::J ." '= I 8Tr- iO -, J -, G-L.G 2'd 66fO . "- ~ ~l I I -..J <:l"\ A. ""'"" OJ "'-\ ..... I ~. <~"\ Cd ~ ~ (' "1 ~ .:J> .:t>-~ . H -- 2 o I I I ~ 1 ! l k' ~~~ "" ~ ... ~ ~ \ h. ." C\ ~ .! ~ ~ ~ ~ ).. ,"\ ~ ~ ~ :-' \f\ ~ 4S0.s9' t _ GC:o ' 5Cl "03 >, '(f; .~~6" ~. .0",,_ .::T""", ./ <2' ~ ..5'.:;-;, ~ ~ I ~ G" "'CJ6 \1) " '4 ~ 1\ \. Q l\\ . !\, c" \ /vo ~ e::>~ ' 4P "w , ~~ t1l I ~, -<::> 1\ ~ '" -- ~' !'. ~ ..,. "6, "'" ..- ~...s:: ~ , f\ ~ "" ~ """ I ~ <\ " '\ -""".. '" ~ '" "- "- ~ ~~ ~ ~ ...~ ~ \--1 ~ ~ ") "- ~~ \j) "- \;} '"'" ~ :\ '0 '\ '" "- 'IAl tAl ~ Cl Q ~ 1\ 4,,: >.. '" ~ "- \Ill l..IJ Y\ \) IJ ~ ~ ~ l_ ,,~ /l &'.:: . C'ca t V) ~~ , ~) "\ C\ ~ .. '\ ~ ~ ~ ~ (\ ~~c;;,c;g.gG '- p All persons interested in this matter may be present at the hearing and give their objections to or You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 3rd day of December, 2002, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the 10th day of March, 2003. NOTICE TO THE PUBLIC Owner: Patrick Schumacher and Judy Schumacher Dated this 3rd day of December 2002. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. SAID TRACT CONTAINING .60 ACRES, MORE OR LESS. THE WEST 10 FEET OF THE SOUTIIWEST QUARTER (SW/4) OF SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, AND SAID TRACT CONTAINING 20.05 ACRES, MORE OR LESS. BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTIIWEST QUARTER (SW/4, NW/4) SAID POINT ALSO BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, TIIENCE N 00006'48" W AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 663.85 FEET, TIIENCE S 89042'20" E FOR A DISTANCE OF 1335.00 I:<"EET, THENCE S 00006'48" E AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 644.82 FEET TO A POINT ON TI-IE SOUTH LINE OF SAID NOR1HWEST QUARTER (NW/4), THENCE S 89028"54" W AND ALONG SAID SOUTH LINE FOR A DISTANCE OF 1335.00 FEET TO THE POINT OF BEGINNING. IN THE SOUIH-.HALF THE NORTHVVEST (S/2, (6), TOWNSHIP 'IWENTY-ONE (2 NORTH, RANGE FOURTEEN (14) EAST OF TI-IE INDIAN BASE AND MERIDIAN, COUNTY, OKLAHOMA, AND BEING MORE PARTICULARLY DESCRIBED FOLLOWS, TO-WIT: The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fomths (in value) of the hereinafter desclibed real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA pETITION FOR ANNEXATION Robert Moore City Planner 2002. at Owasso, this 11 th See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, III N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. Adopted by City Council on March 1, 1988. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. N City of Owasso Community Development Department I] I North Main p.o. Box] 80 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (9]8) 376-]597 Adopted by City Council on March 1, 1998. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. L Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. '- .IZEN SPONSORED A'lNEXATION: 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 3. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 2. Notice published two consecutive weeks in the O\vasso Reporter of a Planning Commission Hearing which will include a map and text of the proposed annexation. 1. City Council direction to study the annexation of property. TY COUNCIL SPONSORED ANN'EXA TION: PROCEDURES FOR ANNEXATION ORDINANCE NUMBER 742: The proposed ordinance 742 adds the federal definition of "substantial damage" to Owasso's Flood Damage Prevention ordinance. Since the staff already recognizes the federal definition and has already accounted for that definition in its interpretation of the ordinance, the staff's enforcement of the floodplain regulations will not change in any way. SUBSTANTIAL DAMAGE: The definition that FEMA wants Owasso to include in its flood ordinance is the meaning of "substantial damage". Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structme to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. When enforcing the flood damage prevention ordinance, the staff requires that any structure in the floodplain sustaining substantial damage (because of anything - fire, flood, tornado, termites, etc.) be brought into compliance with the flood damage prevention ordinance as a condition of its reconstruction and repair. FEMA REGULATIONS: According to federal regulations, one of the conditions of a community's participation in the National Flood Insurance Program is that whenever the floodplain map of a community is changed, the community's flood damage prevention ordinance must be brought up to date with FEMA regulations. When FEMA informed Owasso municipal staff of the map change, the staff examined Owasso's ordinance and compared it to the FEMA regulations. The staff believed that Owasso' s ordinance was in compliance with the regulations. The staff then sent FEMA a copy of the city's ordinance and a letter reporting this compliance. FEMA examined the ordinance and found that it was substantially in compliance but that it lacked one definition. BACKGROUND: The Federal Emergency Management Agency (FEMA) recently amended the floodplain maps for two square miles within the City of Tulsa and within Tulsa County. The area covered by the maps included part of the southem fenceline of Owasso. That fenceline is located along 66th Street North between Mingo Road and Hwy. 169. Since the fenceline is actually a strip of incorporated telTitory of Ow as so, the map change technically altered Owasso's floodplain. March 6, 2003 DIRECTOR ERIC WILES COMMUNITY THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: L Ordinance 742 COlTespondence to FEMA dated February 17, 2003 3. Conespondence :B:om FEMA dated October 16,2002 Owasso's Flood Damage Prevention Ordinance RECOMMENDATION: The staff recommends council approval of Ordinance 742. Stephen P. Gray, City Attorney APPROVED AS TO FORM: Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAHOMA PASSED AND APPROVED tIus 18th day of March, 2002. Section Two: The provisions of this ordinance shall become effective thirty (30) days n'om the date of first publication as provided by law. (B) That subsections currently numbered 25, 26, 27, & 28 be re-numbered as subsections 26,27,28, & 29. 25. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (A) A new subsection be added designated as: > That Part 12 >>. Planning, Zoning and Development, Section 12.404, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by adopting the following provisions, same being codified as set forth below, to-wit: BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOll/1A, TO..WIT: AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 4 FLOOD DAMAGE PREVENTION, SECTION 404 DEFINITIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, AMENDING SAME BY RE.NUMBERING SUBSECTIONS 25 THROUGH 28, AND ADDING A NEW SUBSECTION 25 DESIGNATED SUBSTANTIAL DAMAGE, AND DECLAR.ING AN EFFECTIVE DATE. ORDINANCE NUMBER 742 CITY OF OW ASSO, OKLAHOMA 1. Section 60.3(d)(l) cites compliance with Section 60.3(c)(1) through (14). Since base flood elevations and the regulatory floodway have been established in the FIRM, the latter section does not apply. 2. Section 60.3( d)( 4) allows permitting encroachments within the regulatory floodway under certain conditions. Current City policy does not allow for such encroachments due to the difficulty of evaluating and otherwise quantifYing increases in the base flood elevation resulting from small incremental developments. Therefore, this subsection does not apply. 3. Code of Ordinances, Part 12, Chapter 4, Section 12-414 requires that project data and certain forms be submitted for approval prior to permitting. Attachment 4 to this Ordinance 304, as ratified and amended by the City Council, established COE, Part 12, Chapter 4, to regulate development within established flood hazard areas. Requirements stipulated in this chapter denote compliance with Section 60.3( d) of the NFIP regulations. Additional comments are as follows: 1. City of Owasso Ordinance 304, June 2, 1981 2. City of Ow as so Ordinance 367, March 17, 1987 amending the basic ordinance 3. City of Ow as so Code of Ordinances (COE), Part 12, Chapter 4 4. Permit Application for Proposed Development on Lands Located in Flood Plain Areas This is in response to your October 16, 2002 letter concerning City of Owasso adoption of regulations that meet the standards of Paragraph 60.3(d) of NFIP regulations and continued eligibility in the National Flood Insurance Program (NFIP). Attached to this response are the following: Dear Mr. Miller: SUBJECT: NFIP Certification Reference: 19P-N City of Owasso, Oklahoma Mr. Matthew Miller, Hazards Study Branch Federal Insurance and Mitigation Administration Federal Emergency Management Agency Washington, D.C. 20472 February 1 (918) 376-1540 FA-L"X (918) 376-1597 Inspections-376-1 vvww.cityofowasso.com /~~~~, ~' ",~-~.." ,,'O/~, ;4.,\ t7,)';':-~ ~.~ \~';,\ * \',~~r1:~J \);)\ I ",<!'i1r. Vd I \' \,,~-,,/),;: \. '" \', '-"".~' ' \,,~,;>~~</ ~~~;;~~,/ 111 North IVbin Street Bo:{ 180 Owasso, 74055 City ofO}vasso Department of Co nun unity Developnlent Cc: Mr. Lonnie Ward, FEMA Region VI, NFIP State Coordinator Mr. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration Eric Wiles, COlrunuruty Development Director With Kindest Regards, The Honorable Mike Helm Mayor, City of Owasso P.O. Box 180 Owasso, OK 74055 I trust that this information fulfills requirements for continued City eligibility in the NFIP. If you require further documentation, please notifY: It must be emphasized that all ofthe standards specified in Paragraph 60.3(d) ofthe NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM to which the regulations apply and other modifications made by this map revision. Some ofthe standards should already have been enacted by your community Because the FIS establishing the Base (1 % annual chance) Flood Elevations (BFEs) for your community has been completed, certain additional requirements must be met under Section 1361 ofthe National Flood Insurance Act of 1968, as amended, within 6 months from the date ofthis letter. Prior to April 16, 2003, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR Parts 59-78) by the effective date ofthe FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. FEMA has addressed all comments received on the Preliminary copies of the FrS and FIRM. Accordingly, the FIS and FIRM for your community will become effective on April 16, 2003. Before the effective date, FEMA will send you final printed copies of the FIS and FIRM. On September 22, 1999, the Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs) in the City of Owasso, Tulsa County, Oklahoma. Recently, FEMA completed a re-evaluation of flood hazards in your community. On January 23,2002, FEMA provided you with Preliminary copies ofthe Flood Insurance Study (FIS) and FIRM that identify the existing flood hazards in your community. Dear Mayor Brogdon: Community: City Tulsa County, Oklahoma Community No.: 400210 Map Panels Affected: 40143C0376 J and 40143C0377 J The Randy Mayor, City Box 180 Owasso, OK 74055 October 16, 2002 IN REPLY REFER TO: 19P-N CERTIFIED MAIL RETURN RECEIPT REQUESTED Federal Emergency Management Agency RECEIVED Washington, D.C. 20472 OCT 2 2 2002 The FIRM panels have been computer..generated. Once the FIRM and FIS report are pIinted and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Paper copies ofthe FIRM panels may be obtained by calling our Map Service Center, toll free, at 1-800-358-9616. Copies of the digital files may be obtained by calling our Map Assistance Center, toll free, at l-877-FEMA MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous Letters of Map Change (LOMCs) (i.e., Letters of Map Amendment, Letters of Map Revision) will be superseded when the revised FIRM panels referenced above become effective. According to our records, no LOMCs were issued previously for the affected FIRM panels. In addition to your community using the FrS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date ofthe revised FIRM, actuarial rates for flood insurance will be charged for an new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basements) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. Communities that fail to enact the necessary floodplain management regulations will be suspended fi.om participation in the NFIP and subject to the prohibitions contained in Section 202(a) ofthe Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Adopting all ofthe standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); in order to establish initial eligibility in the NFIP . Your community can meet any additional requirements by taking one ofthe following actions: 2 cc: Community Map Repository Phil Lutz, City Engineer, City of Owasso "National Flood Insurance Program Elevation Certificate and Instructions" "Frequently Asked Questions Regarding the Effect That Revised Flood Hazards Have on Existing Strllctures" "Lowest Floor Elevation Certifications for Flood Insurance Post Flood Insurance Rate Map Construction" "Use of Flood Insurance Study (FIS) Data As Available Data" "National Flood Insurance Program Regulations" List of Enclosures: Matthew Miller, Hazards Study Branch Federal Insurance and Mitigation Administration Sincerely, If your community is encountering difficulties in enacting the necessary floodplain management measures to continue participation in the NFIP, we urge you to contact the Director, Federal Insurance and Mitigation Division ofFEMA in Denton, Texas, at (940) 898-5399 for assistance. If you have any questions conceming mapping issues in general, please contact our Map Assistance Center, toll free, at l-877-FEMA MAP (1-877-336-2627). 3 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 4. Minimize prolonged business intenuptions; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at .the expense of the general public; 2. Minimize expenditure of public money for costly flood control projects; 1. Protect human life and health; It is the purpose of this chapter to promote the public health, safetY and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: STATEMENT OF PURPOSE SECTION 12-402 B. These flood losses are created by the cumulative effect of obstructions in floodplains which ca.use an incre~se in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. (Ord. No. 367, 3/17/87) A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. Ellil2lNGS OF FACT Findings of Fact Statement of Purpose Methods of Reducing Definitions Lands to Which Flood Hazard Applies Basis for Establishing the Areas of Special Establishment of Development Permit Compliance Abrogation and Greater Restrictions Interpretation Warning and Disclaimer or Liability Designation of the Floodplain Administrato:r Duties and Responsibilities of the Floodplain Administrator Permit Procedures Variance Procedures Provisions for Flood Hazard Reduction; General Standards Provisions for Flood Hazard Reduction; Specific Standards Standards for Subdivision Proposals Standards for Areas of Shallow Flooding (AOIAR Zones) FLOOD DAMAGE PREVENTION CHAPTER 4 Planning, Zoning and Development SECTION 12-401 Section 12-401 Section 12-402 12~403 12-404 12-406 Section Section 12-408 Section 12-409 Section 12-410 Section 12-411 Section 12-412 Section 12-413 Section 12-414 Section 12-415 Section 12-416 Section 12-417 Section 12-418 Section 12-419 Page 12-10 4. "Base flood" means the flood having a one percent (1 %) chance of being equaled or exceeded . . In anygwen year; 3. "Area of special flood hazard" means the land in the floodplain within a community subject to a on.e percent (1 %) or greater change of flooding in any given year. The area may be designated as zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRl\tI, zone A usually is refined into zones A, AE, AH, AO, Al-99, va, Vl-30, VE or V; 2. "Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRlVl) with a one percent (1 %) chance or greater annual chance of flooding to an average depth of one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; 1. "Appeal" means a request for a review ofthe flood plain administrator's interpretation of any provision of this chapter or a request for a variance; Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following terms as used herein will mean: DEFINITIONS SECIT:ON 12-404 (Ord. No, 367,3/17/87) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters ,or which may increase flood hazards to other lands. or Control filling, grading, dredging and other development which may increase flood damage; 3 . Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; Require that uses vulnerable to floods, including facilities which serve such uses, be protected against :flood damage at the time of initial construction; or prohibit uses that are dangerous to health, safety or property times f100d, or increases flood heights or velocities; cause L this chapter uses the following methods: to accomplish (Orci 367, 3/17/87) 7. Insure that potential buyers are notified that property is in a flood area. 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and Planning, Zoning and Development 13. "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modifY flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the 12. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding); 11. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map; 10. "Flood Insurance Rate Map (FIRM)" means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city; b. The unusual and rapid accumulation or runoff of surface waters from any source; a. The overflow of inland or tidal waters; or 9. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally -dry land areas from: 8. "Existing construction" means for the purpose of determining rates, Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures;" In the case of zones Al-30, AI, A, A99, AO AH, B, C, X, D, "elevated building" also includes a buiiding elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of zones Vl~30, VB, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the Nation Flood Insurance Program regulations; b. Adequately anchored so at not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood; a. Built, in the case of a building in zones Al~30, AE, A99, AO, AH, C, X, and to have the top oithe elevated floor, or in the case of a building in zones VI-30, VB, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and pliers), or shear walls paranel to the floor of the water; and 7. ItElevated buildingl1 means a non-basement building: 6. "Developmenf' means any man-made change in improved and unimproved real estate, including but not lixnited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling . 5. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised; Planning, Zoning and Development Page 12-12 23. "Start of construction" means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial, improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction 22. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community; 21. "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which the base flood elevations shown on a community's flood insurance rate map are referenced; 20. "Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles; 19. t'Lowest floor" means the lowest floor ofthe lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built to render the structure in violation of the applicable non~elevation design requirement of Section 60.3 ofthe National Flood Insurance Program regulations; 18. "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices; 17. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding; 16. ":Highest adjacent grade" means the highest natural elevation the ground surface prior to construction next to the proposed walls of a structure; ":Habitable floor" means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or recreation. or a combination thereof: A floor used for storage purposes only is not a nhabitable floortO; 14. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities; extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, darns, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards; Planning, Zoning and Development This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. No. 367, 3/17/87) LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES SECTION 12-405 (Ord. No. 367, 3/17/87) 28. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, here specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverain areas. 27. "Violation" means the failure of a structure of other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(1O), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided; and 26, "Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For fun requirements see Section 60.6 of the National Flood Insurance Program regulations; b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of th~ structure. The tenn does not, however, include either: b. If the structure has been damaged and is being restored, before the damage occurred; a. Before the improvement or repair is started; or "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or fifty percent (50%) ofthe market value of the structure either: 24. "Structureil means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home; does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation of basement, footings, piers or foundations or the erection of temporary fOnTIs; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure; Planning, Zoning and Development Page 12-14 Ed. Note: The city's zoning or building officer serves as floodplain administrator. The city's floodplain administrator is appointed to administer and implement the provisions of this chapter and other appropriate sections of 44 CRF (National Flood Insurance Program Regulations) pertaining to floodplain management. (0 rd. No. 367, 3/17/87) DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR SECTION 12-412 The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 367,3/17/87) WARNING AND DISCLAIMER OR LIABILITY SECTION 12-411 (Ord. No. 367. 3/17/87) 3'. Deemed neither to limit nor appeal any other powers granted under state statutes. 2. Liberally construed in favor of the governing body; and 1. Considered as minimum requirements; In the interpretation ~nd application of this chapter, all provisions shall be: INTERPRETATION SECTION 12-410 This chapter is not intended to repeal. abrogate. or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shan prevail. (Ord. No. 367, 3/17/87) ABROGA 110N AND GREATER RESTRlCTIONS SECTION 12~409 No structure or land shan hereafter be located, altered, or have its use changed without full compliance with the terms ofthis chapter and other applicable regulations. COrd. No. 367, 3/17/87) 'with the provisions of this chapter. A development permit shall required to ensure No. 3/17/87) ESTABLISHMENTQEJd,EYJ;:LOPJ.\ffiNT PERMIT SEC'nON 12-407 The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Insurance Study for the city, with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps (FIRM and FBFM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. COrd. No. 367, 3/17/87) SECTION 12-406 BASIS F'OREST ABLISHINQ_TJIEuAREAS_QE-SPEQA4FLOO D HAZARD Planning, Zoning and Development Page 12-15 A. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed PERMIT PROCEDURES SECTION 12-414 (Ord. No. 367, 3/17/87) 9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-30 and AE on the community's FIillY!, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 8. When base flood elevation data has not been provided in accordance with Section 12-406, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 12-416, 12-417 and 12-418 of this chapter; and 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; 6. Notify, in riverain situations, adjacent communities and the state coordinating agency which is the Oklahoma Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; 5. Where interpretation is needed as to the exact location of the b01mdaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation; 4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.c. 1334) from which prior approval is required; 3. Review, approve or deny all applications for development permits required by adoption of this chapter; 2. Review permit application to determine whether proposed building site will be reasonably safe from flooding; Maintain and hold open for public inspection all records pertaining to the provisions of this L chapter; Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: FLOODPLAIN THE OF DUTIES AND RESPONSIBILITIES ADMINISTRATOR SECTION 12-413 Planning, Zoning and Development Page 12-l6 (Ord. No. 367, 3/17/87) 10. The relationship of the proposed use to the comprehensive plan for that area. 9. The availability of alternative locations, not subject to flooding or erosion damage, for proposed use; and 8. The necessity to the facility of a waterfront location, where applicable; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; vehicles; 5. The safety of access to the property in times of flood for ordinary and emergency 4. The compatibility of the proposed use with existing and anticipated development; 3. The danger that materials may be swept onto other lands to the injury of others; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 1. The danger to life and property due to flooding or erosion damage; B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors: 12A13. 5. Maintain a record of all such information in accordance with Paragraph 1 of Section 4. Description of the extent of which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and 3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Parag-;:aph 2 Section 12-417; Elevation in relation to mean sea level to which any nonresidential structure shall be 2. floodproofed; 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures; structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Planning, Zoning and Development 3. Any application to whom a valiance is granted shall be given written notice that the structure will be pennitted to be built with the lowest floor elevation below the base flood elevation, and c. A determination that the granting of a valiance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and b. A detennination that failure to grant the variance would result in exceptional hardship to the applicant; a. Showing a good and sufficient cause; 2. Variances shall only be issued upon: 1. V mances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 1. Prerequisites for granting variances: H. Variances shall not be issued within any desigmited floodway if any increase in flood levels during the base flood discharge would result G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter as set out in Section 12-402 herein. F . Variances may be issued for new construction and substantial improvements to be erected on a lot of om:;-half (Y2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Paragraph 2 of Section 12-414 have been fully considered. As the lot size increases beyond the one-half (Y2) acre, the technical justification required for issuing the variance increases. E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Histolic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter. D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. the appeal board may appeal Any person or persons aggrieved the decision in courts of competent jurisdicti01L B. appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the or administration this chapter. A. The appeal board, which is the board of adjustment of the city, shall hear and render judgment on requests for variances from the requirements ofthis chapter. VARIANCE PROCEDURES SECTION 121415 Planning, Zoning and Development Page 12-18 In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 12-406, Paragraph 8 of 12-413 or Subsection D of 12-418, the following provisions are required: PROVISIONS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS SECTION 12-417 (Ord. No. 367, 3/17/87) 7. On-site waste water disposal systems shall qe located to avoid impairment to them or contamination from them during flooding. 6. New and replacement sanitary sewage systems shan be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood water; and 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 3. All new construction or substantial improvements shan be constructed with materials resist:mt to flood damage; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 1. All new construction or substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; In all areas of special flood hazards. the following provisions are required for all new construction and substantial improvements: PROVISIONS FOR _ FLOOD HAZARD REDUCTION~GENE~ STANDARDS SECTION ~ ~o. 3/17/87) structure or other development is protected by methods that minimize flood flood and create no additional threats to public safety. L The criteria outline in Subsections through I ofthis section are met; and J. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a ftmctionally dependent use provided that: that the costs of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. Planning, Zoning and Development (Ord. No. 367, 3/17/87) c. All manufactured homes to be placed or substantially improved within Zones AI-3D, AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of this paragraph 4. b. All manufactured homes shall be in compliance with paragraph 1 of this section; a. All mamifactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured :homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces; 4. Manufactured homes: c. Openings may be equipped with screens, louvers, valves, or other coverings or devices lprovided that they permit the automatic entry and exit of floodwaters; and b. The bottom of all openings shall be no higher than one foot above grade; a. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to the flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: Nonresidential construction. New construction and substantial improvements or any industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydro,static and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review structural design, specifications, and plans for the construction, and shall certifrj' .that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation, in relation to mean sea level, to which. such structures are flood proofed shall be maintained by the floodplains administrator; and L Residential construction. New construction and substantial improvement of any residential strucrure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Subsection A of Section 12-414 is satisfied; Planning, Zoning and Development Page 12-20 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in paragraph 1 of this Subsection A of Section 12~414, are satisfied; and b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy; a. The lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or 2. All new construction and substantial improvements of nonresidential structures have the following: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FlR1\1 (at least two (2) feet ifno depth number is specified); Located within the areas of special flood hazard established ill Section 12~406 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: STANDARDS FOR AREAS OF SfIALLOW FLOODINrl (AO/ AH ZONES) SECTION 12-419 .K All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electiical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 367, 3/17/87) An subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. flood shall be generated subdivision proposals and other proposed development, including manufactuxed home parks and subdivisions, which is greater than fifty (50) lots or (5) acres, whichever is lesser, if not otherwise provided pursuant to Sections 12-406 or 12-413(8) this chapter. B. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 12-407, 12-414 and the provisions Sections 12-416 and 12-417. A All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 12-401, 12~402 and 12-403 ofthis chapter. STANDARDS_EOR SUBDIVISION PROPOSALS SECTION 12-418 Planning, Zoning and Development (Ord. No. 367, 3/17/87) Planning, Zoning and Development