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Home My WebLink About2002.10.15_City Council Agenda B. Approval of Claims. Attachment #4- B A. Approval of Minutes of the October 1, 2002 Regular Meeting, the October 8, 2002 Special Meeting, and the October 9,2002 Special Meeting. Attachment #4-A 4. 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.) 3. Roll Call 2. Flag Salute 1. Call to Order Mayor Brogdon AGENDA on I-Tall 4:00 and posted at Notice and agenda filed the office the Friday, 11, 2002. Community Regular October 15, 2002 6:30 p.m. Council Chambers, TYPE OF MEETING: DATE: TIME: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL The Owasso Planning Commission has held a hearing on this request and recommends Council approval of the requested zoning. The staff concurs with that recommendation. 7. Consideration and Appropriate Action Relating to OZ-02-07, a Request to Rezone Property Located on the Northwest Corner of East 96th Street North and North 97th East Avenue, from CG (Commercial General) and CS (Commercial Shopping Center) to RS-3 (Residential Single Family High Density), Containing 10 Acres, More or Less. Mr. Moore Attachment #7 The Owasso Annexation Committee and the Owasso Planning Commission have conducted hearings on this request and recommend Council approval of the requested annexation. The staff concurs with the recommendation. 6. Consideration and Appropriate Action Relating to a Request for Annexation of a 292.22- Acre Tract of Land, a Portion Generally Located at the Northeast Corner of North Memorial Drive and East 106th Street North and Another Portion Located West of Narth Mingo Road Between East 106th Street North and East 96th Street North (Ward 1). Mr. Rooney Attachment #6 5. Consideration and Appropriate Action Relating to the Adoption of a Policy Statement Concerning the Affect of New Development on the Drainage of Water Through the Basins in and Around the City. Mr. Wiles Attachment Owasso City Council October 15, 2002 Page 2 The Owasso Planning Commission has conducted a hearing on this request and has recommended Council approval by a 3-0 vote to amend the protective covenants to OPUD- 11 to allow a business that raises, breeds, or keeps animals on property located at the northwest corner of E 86th St Nand N 129th East Ave. The staff concurs with that recommendation. 9. Consideration and Appropriate Action Relating to a Request for Council Approval of a Minor Amendment to OPUD-l1 (Ram Plaza) Relative to Businesses that Raise, Breed, or Keep Animals. Mr. Moore Attachment #9 The Owasso Planning Commission has conducted a hearing on this request and has recommended Council approval of OP1JD-02-03 on property located at the nOlihwest corner of E 96th St Nand N 97th East Ave and containing 10 acres, more or less. The staff concurs with that recommendation. 8. Consideration and Appropriate Action Relating to OPUD~02-03, a Request for Council Approval of a Planned Unit Development Mr. Moore See Attachment #7 Owasso City Council October 15, 2002 Page 3 The Ow as so Planning Commission has conducted a hearing on this request to amend the protective covenants to OPUD-l1 to allow. a billiard parlar as a recreational and/or entertainment use on property located at the northwest corner of E 86th St Nand N 129th East Ave. The Planning Commission on a vote of 2-1 did not make a successful recommendation. The staff will recommend denial. 11. Consideration and Appropriate Action Relating to a Request for Council Approval of a Minor Amendment to OPUD-ll (Ram Plaza) Relative to Recreational and/or Entertainment Uses. Mr. Wiles Attachment # 11 The Owasso Planning Commission has conducted a hearing on this request to amend the protective covenants to OPUD-ll to allow health related activities on property located at the northwest corner of E 86th St Nand N 129th East Ave. The Planning Commission on a vote of 2-1 did not make a successful recommendation. The staff will recommend approval. 10. Consideration and Appropriate Action Relating to a Staff Initiated Request for Council Approval of a Minor Amendment to OPUD-ll (Ram Plaza) Relative to Health-.Related Uses. Mr. Moore Attachment #10 Owasso City Council October 15, 2002 Page 4 15. Report from City Attorney. 14. Report from City Manager. The staff has completed the bidding process, reviewed the bids received, and will recommend the Council award the bid for Three Lakes Drainage Channel Improvements to Horizon Construction Company, Inc., Owasso, OK in the base amount of$119.667.26. 13. Consideration and Appropt1ate Action Relating to a Request for Council Action to Award a Contract for Three Lakes Drainage Channel Improvements. Mr. Carr Attachment #13 The staff will recommend Council approval of the adjusted urban area boundaries, and authorization for the Mayor to execute the official document. Consideration and Appropriate Action Relating to a Request for Council Approval of the Adjusted Urban Area Boundary Map, and Authorization for the Mayor to Execute the Approval Document. Mr. Wiles Attachment #12 Owasso City Council October 15,2002 Page 5 19. Adjournment The Mayor will request Council approval of an executive session for the purpose of reviewing and discussing resumes received for the office of City Attorney. 18. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing Personnel Matters Relating to the Office of the City Attorney, Such Executive Session Provided for in O.S. 25, Section 307(B)(I). Mayor Brogdon 17. Business (New Business is any item business which could not have been foreseen at the time of posting ofthe agenda.) 16. RepOli from City Councilors. Owasso City Council October 15, 2002 Page 6 This item is listed in the event the Council wishes to take any action as a result of discussions in the executive session. 19. Consideration and Appropriate Action Relating to the Hiring and Appointment of a City Attorney for the City of Owasso. Mayor Brogdon The following is submitted as an addendum to the Agenda filed on October 11, 2002. Items numbered 1 through 18 shall remain the same. Item number 19 is now numbered 20, and a new item 19 is listed as follows: AGENDA ADDENDUM hall bulletin and posted on the Addendum filed office of the at 11 :00 a.m. on Monday, 14,2002. Community Regular October l5, 2002 6:30 p.m. Council Chambers, TYPE OF MEETING: DATE: TIME: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL Mayor Brogdon read a proclamation proclaiming the month of October 2002 as City of Character "Kickoff' month in the City of Owasso. He introduced and discussed the character trait for the month of October - Humility; and invited evelyone to the kickoff luncheon to be held on October 2nd. ITEM 5: THE MAYOR WILL PROCLAIM THE MONTH OF OCTOBER 2002 AS CITY OF CHARACTER "KICKOFF" MONTH IN THE CITY OF OW ASSO. A quomm was declared present. Mr. Ray introduced Jay Baker, who will be serving as interim city attorney until such time as a city attorney is hired. He also explained that he & the council were wearing tee shirts given them by the IAFF at the fire station open house. STAFF Rodney J. Ray, City Manager Marcia Boutwell, City Clerk Jay C. Baker, Acting City Attorney ABSENT PRESENT Randy Brogdon, Mayor - 14/0 Michael Helm, Vice Mayor -- 13/1 Rebecca Armstrong, Councilor, 10/4 Susan Kimball, Councilor - 14/0 Gary Cochran, Councilor - 12/2 ITEM 4: ROLL CALL Mayor Brogdon led in the flag salute. ITEM 3: FLAG SALUTE The invocation was offered by Rev. Dale Blackwood. ITEM INVOCATION called the meeting to at 1 p.m. The Owasso City Council met in regular session on Tuesday, October l, 2002 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, September 27,2002. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 1,2002 - 2 - Ms. Sue Piggott addressed the Council on behalf of "Citizens for Responsible Rural Development." Approximately 15 citizens attended the meeting. These citizens live northwest of the city, and are concerned about existing flooding problems and drainage problems. Ms. Piggott requested that the City adopt the national program "No Adverse Impact," as a part of the annexation process. Mayor Brogdon stated that he would like to learn more about the program. Mr. Ray said that the staff will meet with the citizens within the next week and bring a report to the next City Council meeting. Council Armstrong suggested that a committee comprised of staff and citizens be fOlmed to study the flooding issue. Mr. Ray said that may need to take place after the staff repart to the Council is completed. Other speakers were Mr. Harold Ledbetter, with complaints about the way the Planning Commission handles these issues; Mr. Edwin Blevins (11809 N. 1041h East Ave.), whose issue is with the water TUnoffin his back yard; Ms. Carol Seim (11945 N. 1081h East Ave), also stressing the flooding problems; and Ms. Jan Thomas, who said that her propeliy doesn't flood but that she doesn't want to see anyone being flooded. ITEM 7: REQUEST TO ADDRESS THE CITY COUNCIL. Motion carried 5-0. AYE: Armstrong, Kimball, Cochran, Helm, Brogdon NAY: None consent agenda included minutes of the September 17, 2002 regular meeting and September 2002 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $58,410.07; (2) Ambulance Service Fund $6,538.28; (3) City Garage Fund $2,3l4.84; (4) Warkers Comp Fund $1,555.66; (5) Bond Projects Fund $15,417.00; (6) Capital Projects Fund $1,013.76; (7) Payroll $209,774.75; (8) City Garage Payroll $4,882.70; (9) Ambulance Payroll $9,644.21; (10) E-91l Payroll $2,952.98; (11) Workers Comp Payroll $996.40. Item C requested City Council acceptance of a utility easement located on the south side of East 661h St N, along the nOlih side of the KelT Kountty R.V. property, for the purpose of constructing and maintaining a potable water line, and authorization for the Mayar to execute the document. Ms. Armstrong moved, seconded by Ms. Kimball, to approve the consent agenda. Action Relating to Acceptance of a Utility Easement. B. Approval of Claims. A. Approval of Minutes of the September 17, 2002 Regular Meeting and September 24, 2002 Special Meeting. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA: October 1, 2002 Owasso City Council - 3 - Marcia Boutwell, City Clerk Randall C. Brogdon, Mayor Motion calTied 5-0, and the meeting was adjourned at 7:28 p.m. AYE: A1mstrong, Kimball, Cochran, Helm, Brogdon NAY: None Ms Armstrong moved, seconded by Ms. Kimball, to adjourn. ITEM 12: ADJOURNMENT None. ITEM 11: NEW BUSINESS. Mayor Brogdon read a letter from Mr. & Mrs. Bob Voight thanking Chris Roberts and the Public Works department for their quick response to a problem. ITEM 10: REPORT FROM CITY COUNCILORS. No repOli. ITEM 9: Mr. Ray, Mr. Carr, and Mr. Robelis presented a book to Rick Byrne. The loose leaf book contained drawings from students in Mrs. Dossett's First Grade class at Barnes Elementary School. These drawing were made by the students after the visited the Recycle Center and were done to thank Mr. Byrne for giving them a tour of the Center. ITEM 8: REPORT FROM CITY MANAGER October 1, 2002 Owasso City Council Mr. Wiles presented the item. The Oklahoma Department of Transportation is coordinating an adjustment to the boundary of Owasso's urban area. Owasso is classified as a small urban area because it has a population greater than 5000 and is physically separated from the four urbanized areas in Oklahoma: Tulsa, Oklahoma City, Norman, and Lawton. Bird Creek separates Owasso from the Tulsa urbanized area, and Collinsville is included in the Owasso small urban area. By enlarging the adjusted urban area boundary, the total number of road miles are increased, thus increasing the number of roads within Owasso that are eligible for improvement through the Surface Transportation Program. An item will appear on the Council agenda requesting authorization for the Mayor to sign the proposed Adjusted Urban Area Boundary Map. ITEM 3: DISCUSSION RELATING TO URBANIZED BOUNDARIES. Mr. Moore discussed the items that will be forwarded to the City Council meeting from the Planning Commission. These items include a PUD and rezoning on property located at the northwest corner ofE 96th St. N. & N. 9ih East Ave. Three items pertain to minor amendments to OPUD-ll (Ram Plaza), to allow for business that were restlicted by the protective covenants of the PUD. The requests are to allow a pet store, health-related facilities, and a billiard parlor. The Planning Commission recommended approval for the pet store, but failed to make a recommendation on the other two. Staff will be presenting recommendations to the Council. ITEM 2: DISCUSSION RELATED TO PLANNING ITEM. A quorum was declared present. STAFF Rodney J Ray, City Manager Marcia Boutwell, City Clerk PRESENT Randy Brogdon, Mayor - 15/0 Michael Helm, Vice Mayor - 14/1 Rebecca Armstrong, Councilor - 11/4 Susan Kimball, Councilor - 15/0 (out at 8:25) Gary Cochran, Councilor - 13/2 called the meeting to at 6:00 p.m. Mayor The Owasso City Council met in a special meeting on Tuesday, October 8, 2002 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, October 4, 2002 OW ASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, October 8,2002 2 Marcia Boutwell, City Clerk Randall C Brogdon, Mayor Ms. Almstrong moved, seconded by Mr. Cochran, to adjoum. Motion calTied 4-0, and the meeting was adjourned at 8:40 p.m. ITEM 8: ADJOURNMENT. Mr. Ray discussed the proposed ward boundaries and explained that notice must appear in the newspaper thirty days prior to the approval of an ordinance adopting the new boundaries. The Council discussed bliefly the resumes that have been received for the office of City Attomey. An executive session will be placed on the next regular council agenda to review the resumes. ITEM 7: REPORT FROM CITY MANAGER. A. WARD BOUNDARIES B. CITY ATTORNEY C. OTHER ITEMS Ms. Bishop distributed and briefly discussed the financial reports for the month of September. ITEM 6: DISCUSSION RELATING TO FINANCIAL REPORTS. Mr. Carr presented several items for discussion. Bids have been received and opened for the Three Lakes Drainage Channel Improvements. Four bids were received, with the low bidder being Horizon Construction Company. Funding for the project is included in the FY 02-03 Capital projects budget. Action will be requested to award the bid at the regular City Council meeting on October 15th. Mr. Carr also discussed the street overlay projects. These projects will be accomplished with Tulsa County furnishing labor and equipment and the City furnishing materials. Tulsa County has begun mobilizing their equipment and staff has solicited quotes for mateIials. On Monday, the Mayor called a special meeting of the Council for 5:30 p.m. on Wednesday, October 9t\ to award bids for the materials. ITEM 5: DISCUSSION RELATING TO PUBLIC WORKS ITEMS. On Tuesday, October 8t\ representatives from the City staff met with representatives from the group of Citizens for Responsible Rural Development. The meeting centered on drainage conditions in the Ranch Creek basin generally from the intersection of Memorial and 116th St. N. to the intersection of Mingo and 106th St. N. Mr. Wiles said that several drainage issues were discussed, resulting in a policy statement that will be presented to the Council for action. This statement addresses drainage issues that could arise from future subdivisions in the area. ITEM 4: UPDATE RELATING TO MEETING WITH CITIZENS FOR RESPONSIBLE RURAL DEVELOPMENT. October 8,2001 Owasso City Council Edge Milling - Horizon Construction, Inc., Owasso, OK Cold Milling (Portland cement concrete) - $3.15 per square yard Cold Milling ( asphaltic concrete) - $1.47 per square yard Tack Coat & Paving Fabric Binder Materials - Horizon Constmction, Inc. Tack Coat Emulsion (SS-I) - $0.66/gallon Paving Fabric Binder (AC-l) - $1.01lgallon Mr. Carr presented the item. An inerlocal Agreement between the City of Owasso and Tulsa County was finalized in June 2002, providing for the City to furnish all constmction materials and the County to furnish labor and equipment to overlay various sites within the city. The agreement specifies that the County accomplish the installation of the asphaltic concrete traffic course, but does not require the County to install the paving fabric and binder, to mill the old traffic surface or provide traffic control during construction. Tulsa County has begun mobilizing their equipment for the work, and staff needs to quickly procure the materials. Paving fabric is listed on the Tulsa County Bid List. Quotes were solicited from four vendors for the remainder of the materials required. As a result of those quotes, staff recommended that unit price quotes be awarded as follows: ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF ASPHALT, EMULSION, AND MILLING TO ACCOMPLISH THE IDENTIFIED STREET OVERLAY IMPROVEMENTS FOR FY 02-03. A quomm was declared present. STAFF Rodney J Ray, City Manager Marcia Boutwell, City Clerk ABSENT PRESENT Randy Brogdon, Mayor - 16/0 Michael Helm, Vice Mayor - 15/1 Rebecca Armstrong, Councilor - 12/4 Susan Kimball, Councilor'-: 16/0 Gary Cochran, Councilar - 14/2 Mayor Brogdon called the meeting to order at 5 :30 The Owasso City Council met in a special meeting on Wednesday, October 9, 2002 in the Main Conference Room at Owasso City Hall. Meeting called by the Mayor at 4:45 p.m. on Monday, October 7, 2002; and Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Tuesday, October 8, 2002 OW ASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Wednesday, October 9,2002 2 Marcia Boutwell, City Clerk - Randall C Brogdon, Mayor Ms, Almstrong moved, seconded by Mr. Cochran, to adjourn, Motion carried 5-0, and the meeting was adjourned at 5:51 p.m. ITEM 3: ADJOURNMENT. Motion carried 5-0, Armstrong, Cochran, Kimball, Helm, NAY: None as the to Installation of Paving Fabric & Binder -- Horizon Construction, Inc. Paving Fabric Installation.. $0,21 per square yard Binder Application (AC-l).. $O.41/gallon Asphaltic Concrete l.. Becco Contractors, Inc" Tulsa, OK Type B insoluble A/C.. $15.90/ton Type C insoluble - $16.80/ton Paving Fabric -- Maxwell Supply (Tulsa County List) Fabric - $0.295 per square yard October 9, 2002 Owasso City Council CITY OF OWASSO CLAIMS TO BE PAID 10/15/02 \lENDDRNAME DETAIL DESCRIPTION AMOUNTS DEPT TOTAL .E.IJNDTOTAl, MATT BAILEY BAILIFF DUTIES 240.00 ~==== MUNICIPAL COURT DEPT 240.00 TREASURER PETTY CASH CITY MGR EXPENSES 182.66 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 331.50 CARD CENTER REFERENCE MATERIAL 35.26 CARD CENTER PHONE USE-RAY 6/02 & 8/02 3'10.44 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 39.00 ALBERTSONS COUNCIL WORK SESSION 38.92 === MANAGERIAL DEPT 937.78 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 32.50 ~~ FINANCE DEPT 32.50 EXECUTIVE COFFEE SERVICES SUPPLIES 51.80 OWASSO COPIER SERVICE CENTER COPIER MAl NT 144.00 IKON OFFICE SOLUTIONS COPIER MAl NT 372.66 CINTAS CORPORATION MAT SERVICES 52.00 CARD CENTER SUBSCRIPTION-MCELRATH 19.95 AMERICAN WASTE CONTROL INC REFUSE SERVICE 114.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 290.94 NEIGHBOR NEWSPAPER LEGAL NOTICES 309.10 DAILY AND SUNDAY OKLAHOMAN EMPLOYMENT ADS 114.30 CARD CENTER EBA Y FEES 241.88 US POSTMASTER POSTAGE 500.00 TREASURER PETTY CASH POSTAGE 22.25 TREASURER PETTY CASH POSTAGE 7.70 MESO RANDOM DRUG SCREENING 373.75 LOWES COMPANIES INC REPAIR/MAl NT SUPPLIES 116.07 CHARACTER FIRST TRAINING MATERIALS 482.89 AN Z SIGNS CHARACTER BANNERS 320.00 TULSA COUNTY CLERK FILING FEES 88.00 TREASURER PETTY CASH LICENSE TAG 10.00 GENERAL GOVERNMENT DEPT 3,631.29 WW GRAINGER INC GFI TESTERS 59.30 T-SHIRT EXPRESS ETC PERMIT SIGNS 1,000.00 REASORS FILM PROCESSING 3.12 BURR KANNADY INSPECTION SERVICES 350.00 BURR KANNADY MILEAGE 45.63 TULSA COUNTY MIS DIAL UP SERVICE 40.00 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 39.00 MARRIOTT CONFERENCE CENTER LODGING-WILES 87.00 BOCA INTERNATIONAL MEMBERSHIP-DEMPSTER 120.00 OEDC CONFERENCE-WILES 125.00 COMMUNITY DEVELOPMENT DEPT 1,869.05 WAL-MART OFFICE/MAl NT SUPPLIES 6.44 SUBURBAN OFFICE SUPPLY NAME PLATE 10.15 RIDGWAYS PLOTTER REPAIR 67.60 \,LENDOR NAME DETAIL DESCRIPTION AMOUNTS DEPT TOTAL FUND TOTAl, RIDGWAYS EQUIPMENT REPAIR 762.65 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 13.00 JAMAR TECHNOLOGIES TRAFFIC COUNT EQUIP 6,397.00 DELL MARKETING COMPUTEf'{ 1,669.00 FACTORY DII=<ECT CONFERENCE TABLE/CHAIRS 323.75 ============= ENGINEERING DEPT 9,249.59 LOWES COMPANIES INC REPAIR/MAl NT SUPPLIES 969.06 UNIFIRST CORPORATION UNIFORM RENTAL 23.61 REDLEEINC JANITORIAL SERVICES '1,284.05 OKLA LIGHTING DISTRIBUTORS INC LIGHT BULBS 98.35 NICKS TREE SERVICE, INC TREE REMOVAL 1,150.00 FLYNN'S PEST CONTROL PEST CONTROL 65.00 TREASURER PETTY CASH DOC LUNCHES 30.01 AT&T WIRELESS SERVICES PHONE USE-WHITE 34.09 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 13.00 BAILEY EQUIPMENT LAWN MOWER 489.00 SUPPORT SERVICES DEPT 4,156.17 WAL-MART OFFICE SUPPLIES 1.00 ONYX CORPORATION TONER CARTRIDGE 74.99 JOES PRINT SHOP PRINTING 320.80 OWASSO COPIER SERVICE CENTER COPIER MAINT 576.00 WAL-MART OFFICE SUPPLIES 135.04 REASORS FILM PROCESSING 56.10 ODV INC DRUG TEST KIT REFILL 362.25 LYNN PEAVEY CO EVIDENCE SUPPLIES 88.65 CRUISER TECH AMMUNITION 1,264.25 CRUISER TECH BATTERIES 89.85 APERTURESINC EVIDENCE PHOTOS 70.16 PATROL TECHNOLOGY UNIFORM JACKETS/GEAR 734.00 CRUISER TECH PEPPER SPRAY/HANDCUFFS 359.50 POLICE PETTY CASH REPAIR PARTS 7.30 INTEGRIS HEALTH PHYSICAL 300.00 HOWARD STAMPER RETAINER 150.00 BOLAY MOBILECOMINC RADIO PROGRAMMING 135.00 YALE CLEANERS UNIFORM CLEANING 1,477.83 US CELLULAR PHONE USE-GREENE 30.63 US CELLULAR PHONE USE-OTHERS 288.14 TREASURER PETTY CASH REPLACE PHONE 50.00 AT&T WIRELESS SERVICES CELL PHONE USE-YANCEY 99.70 POLICE PETTY CASH POSTAGE 14.69 TREASURER PETTY CASH CERTIFICATION FEE 20.00 TREASURER PETTY CASH MEETING EXP 25.36 TRACY TOWNSEND PER DIEM-3 OFFICERS 1,120.00 REASORS MEETING EXP 196.93 POLICE PETTY CASH TOLLS/PARKING 8.50 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 65.00 NATIONAL TACTICAL OFFICERS ASSOC TRAINING-DAVIS/JONES 1,050.00 RAY ALLEN CANINE UNIT 1,445.00 LISA COX REIMB-WINDOW TINT K-9 UNIT 200.00 POLICE DEPT 10,816.67 VENDOR NAME DETAIL DESCRIPTION AMOUNTS DEPT TOTAL FUND TOTAL RAND MATERIALS HANDLING FREIGHT CHARGES 59.81 TREASURER PETTY CASH DISPATCH TRAINING 50.00 PRIORITY DISPATCH TRAINING-DISPATCHERS 1,100.00 POLICE PETTY CASH DISPATCHER TRAINING 20,00 ===, POLICE CDMMUNICATIONS DEPT 1,229.81 \f\/AL-MART BATTERIES/MAINT SUPPLIES 72.87 TREASURER PETTY CASH SHELTER SUPPLIES 13.28 THOMPSON'S GENERAL STORE SHELTER SUPPLIES 365.35 SAV-ON PRINTING INC. PRINTING 38.00 POLICE PETTY CASH KEYS 2.09 STRATHE VETERINARY EUTHANASIA SERVICES 20.00 WILLIAMS PLUMBING AND DRAIN INC WATER HEATER/INSTALL 460.00 LOWES COMPANIES INC MAl NT SUPPLIES 53.78 CLASSIC ELECTRIC INC ELEC WIRING INSTALLATION 72.00 ANIMAL CONTROL DEPT 1,097.37 OFFICE DEPOT OFFICE SUPPLIES 71.24 WAL-MART REPAIR/MAl NT SUPPLIES 34.70 Of<LAHOMA POLICE SUPPLY UNIFORM GEAR 56.55 DAN SALTS OPEN HOUSE EXP 66.00 DEES UNIFORMS INC UNIFORMS 1,420.06 TREASURER PETTY CASH REPAIR PARTS 6.00 OVERHEAD DOOR COMPANY DOOR REPAIR 353.40 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 205.79 BAILEY EQUIPMENT WEEDEATER PART 29.95 ACTION PLUMBING INC PLUMBING REPAIR 65.00 METROCALL AIR CELL PHONE CHARGER 15.00 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 65.00 ROGERS CO FIRE & LIFE ASSOC MEMBERSHIP DUES 200.00 Of< ASSN OF CHIEFS OF POLICE ENTRANCE EXAM 112.00 SNOWS FURNITURE DAYROOM FURNITURE 2,994.00 NEIS FURNITURE BEDS 1,930,00 FIRE DEPT 7,624.69 ROGER VOSS OFFICE/MAINT SUPPLlES-REIMB 70.33 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 123.92 CLIFFORD POWER SYSTEMS INC GENERATOR REPAIR 195.00 TREASURER PETTY CASH SEMINAR-MOTTO 36.00 ROGER VOSS OEMA CONFERENCE-REIMB 30.60 EMERGENCY PREPAREDNESS DEPT 455.85 OWASSO STAFFING, LLC TEMP STAFFING 579.82 OWASSO STAFFING, LLC TEMP STAFFING 618.90 SUBURBAN OFFICE SUPPLY NAME PLATE 10.15 RAINBOW CONCRETE CO CONCRETE 975.88 MAXWELL SUPPLY OF TULSA REPAIR/MAINT SUPPLIES 167.20 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 54.01 L & S TRUCKING DIRT/ROCK/SAND 1,030.00 FARM PLAN REPAIR/MAl NT SUPPLIES 41.17 EQUIPMENT ONE INC PROPANE 70.40 L & S TRUCKING DI RT /SAND/ROCf< 400.00 VENDOR NAME DETAIL DESCRIPTION AMOUNTS !lEEr TOI81" EUND_ TOTAL GEORGE & GEORGE SAFETY SAFETY CONES 270.25 TREASURER PETTY CASH VEHICLE WASH 3.00 J B STIGALL EASEMENT MOWINGS 31.00 AEPfPSO STREET LIGHTING 2,962.30 AARON FENCE CO GATE REPAIR 674.00 HARLEY MATERIAL rlANDLlNG STREET SWEEPER RENTAL 500.00 TREASURER PETTY CASH TRAILER RENTAL 43.16 TREASURER PETTY CASH CELL PHONE HOLDER 17.00 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 91.00 STREETS DEPT 8,539.24 OWASSO STAFFING, LLC TEMP STAFFING 998.40 OWASSO STAFFING, LLC TEMP STAFFING 386.88 OWASSO STAFFING, LLC TEMP STAFFING 399.36 FARM PLAN MAINT SUPPLIES 3.96 FARM PLAN GLOVES/MAl NT SUPPLIES 40.53 ANCHOR STONE CO LIMESTONE SCREENINGS 57.42 TREASURER PETTY CASH PARKI NG-CONFERENCE 3.00 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 26.00 PARKS DEPT 1,915.55 TREASURER PETTY CASH REPAIR PARTS 15.08 MURPHY SUPPLY PAPER GOODS 127.45 OI<LA LIGHTING DISTRIBUTORS INC LIGHT BULBS 44.73 LOCKE SUPPL Y PLUMBING SUPPLIES 72.62 EQUIPMENT ONE INC SAW RENTAL 35.84 DALE & LEES SERVICE INC AIR COMPRESSOR 1,358.62 AT&T WIRELESS SERVICES CELL PHONE USE-SR VAN 11.50 ACCURATE FIRE EQUIPMENT INC FIRE EXTINGUISHER INSP. 70.10 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 19.50 COMMUNITY CENTER DEPT 1,755.44 CARD CENTER PHONE USE-HAYES 116.51 OWASSO FIRST ASSEMBLY OF GOD CHARACTER LUNCHEON 6.50 OEDC CON FERENCE-HAYES 125.00 MARRIOTT CONFERENCE CENTER LODGING-HAYES 87.00 GREENWOOD CHAMBER OF COMM CONFERENCE-HAYES 300.00 ECONOMIC DEVELOPMENT DEPT 635.01 GENERAL FUND TOTAL 54,186.01 MEDICARE/REFUNDS REFUND OVERPAYMENT 326.74 PACE PRODUCTS OF TULSA INC AMBULANCE SUPPLIES 152.00 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 344.97 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 192.25 ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 263.73 LENOX WRECKER SERVICE INC TOWING FEE 63.79 CROW BURLINGAME REPAIR PARTS 22.86 JEFFERY GALLES DO EMS AUDITS 250,00 LOWES COMPANIES INC REPAIR/MAl NT SUPPLIES 16.09 BEST WESTERN LODGING-WOFFORD 65,00 AMBULANCE SERVICE FUND 1,697.43 Council Member Council Member Mayor October 15, 2002 APPROVED: $4,277.87 $0.00 Garage Fund Total 2,337.06 Streets 254.70 10,044.13 $208,685.79 13,292.50 0.00 Managerial General Fund 10/05/02 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE Council Member' Council Member Mayor October 15, 2002 APPROVED: Worker's Comp Self-Insurance Fund Total Ex~enses Overtime Expe_nses Total EXQ~nse~~ Ambulance Fund 10/05/02 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE The citizen representatives reported that one product of the 4 To Fix The County program is recently produced aelial photography that the City can obtain and use. Also, new floodplain infOlmation will be published by the Corps of Engineers showing updated floodplain boundaries. A geographic information systems (GIS) database is being built in conjunction with the new floodplain infOlmation that the Corps of Engineers hopes to use to track conditions within the county drainage basins. One issue discussed at the meeting was the cunent 4 To Fix The County program. This program is an effort to develop a drainage study for all basins within Tulsa County located outside municipal limits. The Corps of Engineers has been contracted to prepare the study and the study's development is in its second year (out of three years). 4 TO FIX THE COUNTY: At the meeting, the citizen representatives displayed maps and photographs showing the drainage conditions of several low-lying homes in the area. . The citizens recounted how past developments near their properties in Tulsa County had increased the amount of drainage onto their land. In some instances, ponds had been filled in to make way for the new housing developments. In other instances, levees had been cut to increase the flow of water off the new developments. HISTORY: On Tuesday, October 8th representatives from the City of Owasso met with representatives fi'om the gmup of Citizens for Responsible Rural Development. The meeting centered on drainage conditions in the Ranch Creek basin generally from the intersection of Memorial and 116th Street to the intersection of Mingo and 106th Street. BACKGROUND: October 8, 2002 DATE: RURAl, DEVELOPMENT THE HONORABLE COUNCIL CITY OF TO: MEMORANDUM Statement of policy ATTACHMENT: The staff recommends that the Council consider the topics raised at the meeting and adopt a statement of policy that affilms the city's desire to control drainage in a responsible manner and that directs the staffto focus on issues of drainage for all new developments. RECOMMENDATION: The staff also talked with the citizen representatives about drainage issues that could arise from future subdivisions in the area. The City should require that any new development should not cause water to back up onto adjacent properties upstream. Further, the City should require that the rate of drainage runoff from any new development should be no greater after development than before development. POTENTIAL AREA DEVELOPMENTS: During the meeting, the staff discussed the concept of No Adverse Impact with the citizen representatives. No Adverse Impact pertains to developments that occur in the floodplain. It is a strategy being promoted by FEMA, the Corps of Engineers, and the Oklahoma Floodplain Managers Association as the proper approach to floodplain management. The concept of No Adverse Impact is that floodplain developments should not adversely impact other property by increasing flood depths or velocities. The City will eXalTIine existing floodplain development regulations to determine whether changes might be advisable that could better protect existing properties within the floodplain. NO ADVERSE IMPACT: The citizens also stressed the need for the City of Owasso to develop a drainage and storm water plan. The staff noted that the City should enter into a joint effort with Tulsa County to take the data gathered from the 4 To Fix The County Study and then inventory and map all watersheds in the area. Such an effort would allow the staff to identify all cunent problem areas and develop strategies to improve the problem areas. The staff informed the citizen representatives that the City is attempting to coordinate with the county and other municipalities in an effOli to ensure that the drainage study is comprehensive in scope and does not include "gaps of study" where municipal drainage basins are not studied while adjacent county drainage basins are studied. The City intends to work with the Corps of Engineers during the next budget year to include the municipal drainage basins in their study. Meeting With Citizens October 8, 2002 Page 2 Gary Cochran, Councilor Susan Kimball, Councilor Rebecca Armstrong, Councilor Michael Helm, Vice Mayor Randall C. Brogdon, Mayor ADOPTED by the Owasso City Council this 15th day of October, 2002. III. The staff is directed to initiate the development of a master drainage plan subsequent to the receipt of data from the cunent study being accomplished by the Corps of Engineers and funded by Tulsa County. II. The staff is directed to provide detailed review of all submitted drainage plans for any development. I. New development should not have a water-drainage impact on other property. Therefore, the City Council declares the following statement of policy and directs the municipal staffto endeavor to implement the policy as a priority in the administration ofthe staff s duties: In its desire to pursue the highest quality of life for citizens of the Owasso community, the City Council recognizes the importance of promoting developments of high caliber as continues to grow. Further, the City Council has heard the input of area residents and concurs with the residents that the City of Owasso should closely examine the conditions of the community that are affected by new developments. One of the affected community conditions that is of prime emphasis is the drainage of water through the basins in and around the city. October 15,2002 OW ASSO CITY COUNCIL POLICY STATEMENT RELATING TO DRAINAGE OF WATER THROUGH THE BASINS IN AND AROUND THE CITY A copy of the original staff repoli that was provided to the Planning Commission is attached for your information and review, as well as the meeting minutes from both Planning Commission meetings. The At both Planning Commission meetings, numerous property owners attended to voice concerns regarding the annexation request. The predominate concerns centered on storm water run-off and the adverse effects it would create on sUlTolmding properties, how the property would develop (density, standards, etc.), and the City "fast-tracking" the annexation request. While the Planning Commission listened to the concerns presented; the Planning Commission was also clear that the item before them was an annexation item. Concerns regarding different zonings, detention for storm water run-off, and development standards are typically addressed in zoning hearings or as a pOliion of the platting process. It should be noted, however, as a result of many of the concerns shared by property owners, the City is in the process of developing a policy statement regarding developing propeliies and storm water concerns (See agenda item #5). The Planning Commission first reviewed the annexation request at their August 2002 meeting and recommended approval ofthe annexation for Tract B, but tabled action on Tracts A and C until such time that ownership and a legal opinion could be granted regarding the annexation of section line right-of-way. The applicant submitted a letter addressing ownership, use, and section line right-of-way concerns and a legal opinion was provided by former City Attorney Ron Cates. The Planning Commission unanimously recommended approval of the annexation request at their September 2002 meeting. The annexation request was reviewed by the Annexation Committee in June of2002 and was unanimously recommended for approvaL The original application for annexation did not request to maintain previously approved zoning from Tulsa County on Tract A. The Owasso Zoning Code grants the ability to maintain previously established zoning, if requested, or reverting the zoning to AG (AgIiculture). Because the original application did not request the maintenance ofthe RE (Residential Estates) zoning on Tract A and was now desired to be maintained by the applicant, another series of publications were required. BACKGROUND: The City of Owasso received an annexation request from Mr. Noble Sokolosky for property lying within Sections 12 and 13, Tulsa County, Oklahoma. The general location ofthe subject propeliy is between E. 1161h Street North and E. 96th Street North, between Mingo Road and Memorial Dlive. The subject properties combined total slightly over 292 acres, more ar less. Tract A contains 160 acres and is currently zoned RE (Residential Estates) in Tulsa County. Tract B contains 132.07 acres and Tract C contains .15 acres and are cunently zoned AG (Agliculture). subject map is attached. October 10, 2002 DATE: TIMOTHY Do ROONEY HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: 1. Subject Map Staff Report for the Planning Commission 3. Minutes from the August and September Planning Commission meetings 4. Legal Adveliisement published in the October 3 and 10, 2002 Owasso Reporter 5. Legal opinion from former City Attorney Ron Cates 6. Letter from Mr. Sokolosky 7. Letter from Sue Piggott (Residential Estates) Staff recommends Council approval the annexation request, maintaining zoning on Tract providing zoning on Band If the annexation request is approved by the City Council, an ardinance would be presented at the November 5,2002 meeting to formally adopt the Council's action. most recent legal adveliisement (containing the legal description) is also included as well as the legal opinion from former City Attorney Ron Cates, a letter from Mr. Sokolosky, and a letter from Ms. Sue Piggott and the Citizens for Responsible Rural Development. Additionally, if annexation is approved, the subject property would have to go through all platting requirements of the City of Owasso prior to any development. The platting requirements consist of both Preliminary and Final Plat reviews before the Technical Advisory Committee and the Owasso Planning Commission, as well as Final Plat review be fare the City Council. All property development standards of the City of Owasso would be required to be adhered to such as paved streets, sidewalks, and storm water detention requirements. Tracts Band C of the subject property, respectively, total 132.22 acres, more or less. Both are currently zoned AG (Agriculture) and would remain zoned AG if annexation is approved. Any future rezoning request on any of the Tracts (A, B, or C) would require notification to property owners within 300' of the subject property as well as publication of the legal advertisement. Each parcel would also be required to be posted with a rezoning sign. Tract A of the subject property, totaling 160 acres, is currently zoned RE (Residential Estates) in Tulsa County. All property annexed by the City of Owasso is required to be zoned the lowest zoning classification (AG) or may retain the zoning classification obtained in Tulsa County. In this case, the applicant has requested to maintain the RE (Residential Estates) zoning on that portion of his annexation request. Please note that initially, the applicant had neglected to inform staff that retaining the RE (Residential Estates) zoning was his original intent. This required additional advertising of the annexation request and postponement of this item from being reviewed by the Planning Commission meeting in July. Mr. Noble Sokolosky has submitted to the City of Owasso a petition for annexation of property totaling approximately 292.22 acres, more or less. The subject property is actually located in two different Sections and is described as the S/W Quarter of Section 12 and a portion of the SIE Quarter of Section 12, Township 21 North, Range 13 East, as well as a portion of the E/2 of Section 13, Township 21 North, Range 13 East, Tulsa County Oklahoma. The complete legal descriptions are included in the legal advertisement for annexation which is attached for your information and review. A subject map is also included in your packet. BACKGROlIND August 8, 2002 TIMOTHY ROONEY ASSISTANT CITY MANAGER THE PLANNING COMlVIISSION CITY OF OW ASSO TO: MEMORANDUM 1. Subject map 2 Copy of legal advertisement (contains annexation petition and legal description) 3. City of Owasso Annexation Policy 4. City of Owasso Procedures for Annexation A TT AC.HMRNT& RRC.OMMRNDA TION: Staff recommends approval of the annexation request. This annexation request will likely generate large numbers of opposition relating to the above concerns. The primary question that needs to be addressed, however, is whether or not we (the City) feel it is in our best interest to have the city development standards govern how the subject property develops, rather than those of Tulsa County. It is staff's opinion that it is. Staff received one visit and several phone calls and emails regarding the request. There is concern regarding how the subject property will develop (zoning density, development specifications, etc.) as well as storm water problems in the area. The City Manager, Mayor and Vice Mayor met with several of the property owners in the area regarding storm water concerns. The Owasso Annexation Committee reviewed the annexation request at their June 26, 2002, special meeting and unanimously recommended approval, contingent upon the contiguous issue being addressed. If approved by the Planning Commission, this item will be forwarded to the Owasso City Council for action at their August 20, 2002, regular meeting. If approved by the City Council, the subject property would be annexed and located in Ward 1. was a the to as as an date. Originally, as mentioned previously within this report, the annexation request was published twice without the request to maintain the (Residential Estates) zoning classification. Those notifications were followed by one notification to notify the public of the almexation request to be heard by the Planning Commission on August 12,2002, with the RE zoning included. That legal advertisement was followed by one of two required notifications to the public that the City Council would hear the annexation request on August 19, 2002. The August 19, 2002, date was incorrect, however, thus requiring correction. Those notices are being published August 8 and 15, 2002, respectively. The legal requirements for publication have been met and a copy of the Procedures for Annexation is attached far your information and review. A copy of the City of Owasso I s Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Originally, contiguity was a question regarding Tract A, however the applicant is proposing to annex public right-of-way in order to fulfill that requirement. Tract B is already contiguous via public right- of-way 011 Mingo Road. Tim presented the item and described the location. The subject property is located in two different Sections. Tract A totals 160 acres and is zoned RE (Residential Estates) in Tulsa County. The applicant has requested to retain this zo ning classification. Tracts B and C of the property total 132.22 acres. Both are zoned AG (Agriculture) and would remain zoned AG if annexation is approved. Notification of the annexation request was published in the Owasso Reporter. The Owasso Annexation Committee reviewed the request and unanimously recommended approval, contingent upon the contiguous issue 4. Annexation Request - Noble Sokolosky - A request far the annexation of approximately 292 acres, more or less. The subject property is located west of Mingo Road, between E. 96th Street North and E. 106th Street North and east of Memorial Drive, between E. 106th Street North and E. 116th Street North. The motion carried 5-0. Ray Haynes - Yes Dale Prevett - Yes Charles Willey - Yes Dewey Brown - Yes Bill Williams - Yes 3'. CONSIDER APPROVAL OF THE MINUTES OF JULY 8, 2002 REGULAR MEETING - The Commission reviewed the minutes of July 8, 2002 Regular Meeting, Bill Williams moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recarded as follows: 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 July 15, 2002 at 12:00 PM. MEMBERS PRESENT Haynes Willey Prevett Dewey Brown Williams Eric Wiles Tim Marsha OW ASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, August 12, 2002 Owasso Community Center 301 South Cedar, Owasso, Oklahoma Audrey Hartcher - Questioned what Mr. Sokolosky and the City of Owasso is going to do for the Ranch Creek subdivision residents if this land is annexed. Expressed a desire for an environmental study to be perfarmed prior to annexation. Lonnie Lamb - Starmwater and sewer line concerns. Wanted to know who would be responsible if his land and house floods because of what the City of Owasso has approved. Phillip Barnes - Had questions regarding the amount of homesites Tract A will provide. Bill Mitchell - Attorney obtained by Jim and Bonnie Williams. He has concerns with the annexation of Tract C regarding the applicant annexing public right-of-way in order to fulfill the contiguity requirement. He stated that Tract C is owned by Mr. And Mrs. Williams. The location map does not show the curve on East 106th Street North and wants to make sure that the Williams' property is not being taken in by this annexation. Would like to have this request tabled until further notice in order to allow the surrounding property owners to study the situation. Glen Hereden - Owns vacant property on Memorial Drive, had questions regarding the supply of water. Also has a concern with the possibility of overloading the sewer system. Sue Piggott - Would like items carefully reviewed. Offered to show the Commissions pictures of flooding within Metro Heights I and n. Jan Thomas - Wanted clarification on Item #5 of the Annexation Policy. Also had questions regarding the police and fire coverage if annexation is approved. Requested a definition of RE (Residential Estates) zoning, such as the minimum size of lots, curb and guttering, sidewalks, etc. Doesn't want this subdivision to have the same flooding issues as Metro Heights I and II . Would like to see postponement of the annexation in order to make sure Tract C is correct. Matt Slavin -- Not opposed to development on the subject property but has concerns with stormwater nmoff. Owns a $250,000.00 home down slope and does not want flooding problems. being addressed. The property meets all of the requirements included within the Annexation Policy. Contiguity was a question regarding Tract A, however the applicant is proposing to annex the public right,.of-way. Staff has received several phone calls and emails regarding this request. Staff recommends approval of the annexation request. The following are comments/concerns several surrounding property owners that were in attendance: OW ASSO PLANNING COMMISSION August 12, 2002 Page No.2 Ray Haynes moved to approve the annexation request and to waive the platting requirements, Dale Prevett seconded the motion. A vote on the motion was recarded as follows: Tim presented the item and described the property location. The Annexation Committee reviewed the request and it was approved unanimously. No calls or letters have been received regarding this request. Staff recommends approval of the annexation request. Discussion was held regarding the platting process. Tim stated that Staff's goal is to alleviate the platting requirements for civic clubs such as Owasso Sertoma Club. 5. Annexation Request ~ Owasso Sertoma Club - A request for the annexation of approximately 1.019 acres, more or less. The subject property is located on E. 76th Street North, immediately west of the SK&O railroad property. Ray Haynes announced a lO-minute recess at 8: 15 PM. The meeting reconvened at 8:25 PM. The motion carried 5-0. Ray Haynes - Yes Bill Williams - Yes Charles Willey - Yes Dewey Brown - Yes Dale Prevett - Yes Following discussion, Ray Haynes moved to approve Tract B of the annexation request and to table Tract A and Tract C until further notice is given to the Commissioners on the legality of Tract C. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Charles Willey asked if Tract B could be approved and table Tract A and Tract C until further notice. Tim explained that if Tract A and Tract C al'e tabled they would more than likely come before the Planning Commission for approval in September. Tract B would go to City Council on August 20, 2002. Councilor Armstrong was present to address some of the citizen concerns. She explained that the Community Development Department has hired some new staff members and these issues will be reviewed. Haynes stated that this is an annexation request, it WilllW through the platting process both with Preliminary and Final Plat reviews. Harold Ledbetter - Had starmwater concerns. Also had concerns regarding the possibility of Mr. Sokolosky requesting a higher density such as -3 in the future. OW ASSO PLANNING COMMISSION August 12, 2002 Page No.3 Tim Rooney presented the item and explained the subject annexation was partially approved. Tract B was approved unanimously while Tracts A and C were tabled. At the August 12th meeting there were questions relating to the described 10' strip of land, whether or not the contiguity requirements had been met and who owned the 10' strip. A memo from Mr. Cates was handed out to the Commissioners regarding the statutory section line right -of-way. Staff recommends approval of Tracts A and C as presented at the August Planning Commission meeting. The applicant, Mr. Noble Sokolosky was 4. Annexation Request - Noble Sokolosky - A request for the annexation of approximately 292 acres, mare or less. The subject property is located west of Mingo Road, between E. 96th Street North and E. 106th Street North and east of Memorial Drive, between E. 106th Street North and E. 116th Street Narth. This item was tabled at the August 12, 2002 regular meeting. The motion carried 4-0. Ray Haynes - Yes Charles Willey - Yes Dewey Brown - Yes Bill Williams - Yes 3. CONSIDER APPROVAL OF THE MINUTES AUGUST 12, 2002 REGULAR MEETING - The Commission reviewed the minutes of August 12, 2002 Regular Meeting, Charles Willey moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recorded as follows: 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 September 3, 2002 at 12:00 PM. MEMBERS MEMBERS Ray Haynes Charles Willey Prevett at 7: 05 Brown Bill Williams Marsha Hensley Wiles Rooney OW ASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, September 9, 2002 Owasso Community Center 301 South Cedar, Owasso, Oklahoma Robert presented the item and described the property location. The applicant must supply the City of Owasso with 60 % of the property owners within the addition endorsing the approval of the proposed amendment. Robert explained that the structure on Lot 1, Block 8, encroaches into the front building line by 4 feet. The structure on Lot 9, Block 3 is encroaching approximately 1.5 feet. The Technical Advisary Committee reviewed the request at their August 28, 2002 regular meeting, no comments was received. Mr. John Thompson of TLC Homes, Inc. was present to answer questions. Mr. Willey questioned the applicant as to whether the property was surveyed at the time of stemwall. Mr. Thompson stated that he has not surveyed Lot 1, Block 8 but does have one on Lot 9, Block 3. Mr. Haynes suggested from now on a string line be pulled in arder to prove the correct lot lines. Staff recommends approval to amend the building setback lines of Lot 1, Block 8, and Lot 9, Block 3, from 25 feet to 21 feet and from 25 feet to 23.5 respectively. 5. Plat Amendment ~ Country Estates V - A request for the review of a plat amendment to Country Estates V, amending the deed of dedication of Lot 1, Block 8, and Lot 9, Block 3. Lot 1, Block 8 is located at the inters ection of E. 122nd Street North and N. 108th E. Avenue. Lot 9, Block 3 is located at the intersection ofE. 121 st Street Narth and N. 107th E. Avenue. The motion carried 5-0. Ray Haynes - Yes Bill Williams - Yes Charles Willey ~ Yes Dewey Brown ~ Yes Dale Prevett - Yes Following discussion, Ray Haynes moved to approve Tract A and Tract C of the annexation request. Dale Prevett seconded the motion. A vote on the motion was recorded as follows: present. Mr. Bill Mitchell, the attorney far Mr. and Mrs. Jim Williams, requested to approach the bench. Mr. Mitchell expressed concern with the statutary terminology of Section 21-202, which states the need for mmexed land to be contiguous. also stated that if the Commissioners approve this request it will set precedence for any citizen of to include any property in an annexation request Lengthy discussion was held concerning C. Ms. J an Thomas, a surrounding property owner, was concerned the roadway easement not being large enough for the utilities. OW ASSO PLANNING COMMISSION September 9, 2002 Page No.2 SAID TRACT CONTAINS .15 ACRES, MORE OR LESS, THE SOUTH 10 FEET OF THE WEST 673.32 FEET OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, AND SAID TRACT CONTAINS 132.07 ACRES MORE OR LESS, BEGINNING AT THE NORTHWEST CORNER OF NE/4 OF NW/4 OF NE/4 SECTION 13; THENCE N 88034'57" E ALONG THE NORTH LINE OF SECTION 13 FOR 292.05 FEET; THENCE S 0015'19" E FOR 658.63 FEET TO A POINT ON THE SOUTH LINE OF THE NE/4 OF NW/4 OF NE/4; THENCE N 88033'45" E FOR 381.01 FEET TO THE NORTHEAST CORNER OF THE SE/4 OF NW/4 OF NE/4; THENCE S P06'1l" E FOR 658.37 FEET TO THE SOUTHEAST CORNER OF NW/4 OF NE/4; THENCE N 88032'34" E FOR 661.57 FEET TO THE SOUTHEAST CORNER OF THE SW/4 OF NE/4 OF NE/4; THENCE N 1001 '37" W FOR 673.60 FEET; THENCE N 88034'57" E FOR 616.62 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF THE A. T. & S. F. RAILROAD; THENCE S 14016'12" W ALONG SAID RAILROAD RIGHT OF WAY FOR 4803.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 13; THENCE S 88024'55 W ALONG SAID SOUTH LINE FOR 662.00 FEET TO THE SOUTHWEST CORNER OF THE SE/4 OF SW/4 OF SE/4; THENCE N 1010'53" W FOR 2634.64 FEET TO THE NORTHWEST CORNER OF THE NE/4 OF NW/4 OF SE/4; THENCE N 1010'44" FOR 2634.39 FEET TO THE POINT OF BEGINNING, A PART OF THE EAST HALF (E/2) OF SECTION 13, TOWNSHIP NORTH, RANGE13 EAST THE I. B. & M., TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; AND TO CONTAINS (RESIDENTIAL ESTATES) ZONING, 21 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, BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION Timothy D. Rooney Assistant City Manager Dated at Owasso, Oklahoma, this 23rd day of September, 2002. 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 phone (918) 376-1509. 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, You are hereby advised that the above petition for mmexation was filed with the Community Development Department of the City of Owasso on the 8th day of July, 2002, and that said petition will be presented to the Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 15th day of October, 2002. Dated this 8th day of July 2002. being territory adjacent and contiguous to the incarporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petition the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. After having reviewed the Petition for Annexation, relevant documents supplied to me by you, and the pertinent statutory provisions, I am of the opinion that the "adjacent or contiguous" requirements of Oklahoma Statutes Section 2~or annexation by the City of Owasso would be met, onald D. Cates City Attorney September 9, 2002 DATE: - MR. NOBLESOKOLOSKY TIMOTHY ROONEY ASSISTANT CITY MEMORANDUM Second, there is no constimtional, statutory or city charter provision requiring that a ftfteen foot strip(even if required) must be within a roadway easement or right of way. Even if there 11 O.SoSupp.1999, .s 21-102(emphasis supplied). My two parcels are separated onl)' by the county highway right of way just as my Mingo tract is separated from the existing city limits only by the railroad right of way. Where any territory to be annexed is separated from the corporate limits of tht.: municipality only by a railway right-of-way, an intervening strip less than four (4) rods wide, or a highway right-of-way, the territory .shall be cQnsi<.lered adjacent or contiguous to the municipality. First, I do not believe that the fifteen foot strip is even necessary in order for my two parcels to be considered "adjacent or contiguous". Section 21-102 provides that the two trac.ts shall be considered adjacent if they are separated only by the highway right of way: I am pleased to respond, at your request, to Mr. Williams's objection to our annexation requesto My understanding is that Mr. Williams has no legal objection to the <llmexation petition; rather, just doesn't want a fifteen foot strip of his property annexed into the city limits. Dear Tim: September 5, 2002 NOBLE SOKOLOSKY ATTORNEY AND COUNSELOR AT LAW POST OFFICE Box 1013 CORNERSTONE CENTER 12340 EAST 86TH STHEEl NORTH OWASSO, OKLAHOMA 74055 (918) 212-0270 FAX (918) 272-0199 .- ~ ....... 5&088, I Very truly yours, -- Noble SOkO~ use p tatting of not have to be as right or the county. foot were such a requirement, the subject strip is dearly within the 16.5 foot statutory roadway right of way. We could have put the strip along Mr. Williams's east and north boundary and, because we have requisite qualifying property, done so without his consent. 1"....... -- -- --"'1 Last summer then Mr. Sokolsky applied for a residential zoning change in Tulsa COlmty, we wanted to know how the water runoff would be controlled. Today, we still want to know how the water runoff will be controlled? After seeing the flooding problems at Metro I, the total disregard for personal property at Metro II as well as Honey Creek at Bailey Ranch, can you really blame us fot wanting to know this answer? Of course, we realize it will depend on a pI at submitted by the developer, however, your local standards and the variances allowed control the outcome. Currently the 160 acres (Tract A) above 106th St. N. drains onto 3 or 4 different properties to the east (N. nod E. Ave) and south. The present storm water nmoff into this same area flows from The reason we want the City of Owasso to embrace and work within the principals of No Adverse Impact, is simply the knowledge we have gained over the past year. Detention ponds, stormwater drainage systems, aerobic sewer systems, soil content, topography maps, designs for housing developments, construction of a pond uphill from a detention pond to slow the flow of water, all are dependent on current design criteria and sub-division development standards set by the local government. TIle citizens who live close to the upper Ranch Creek tributaries above and below 106111 St. N, between Mingo and Memorial, have talked to Tulsa County since last year about our flooding problems. We have been assured that our information is accurate and our location will be shown on the new flood maps. In addition to Tulsa County, the Corp of Engineers and the Oklahoma Water Resources Board have been provided with pictures of the water problems in this area. AU agencies seem to agree that correcting our problems above 106111 St. N. would be easy to solve, but it will take years to get the creek below 106111 Street cleared of trees to allow the faster flow of water from our area. It seems that no comity, city or state has enough funds to solve all their flooding problems, hence the need for CUlTent flood maps, stOlmwater flows and a basin study to mitigate problem areas and in turn, not create more flooding with future developments when land use plans do not consider future water flows. Part of the reason for the 4 to Fix the County Tax was to stop flooding by having up-to-date infonnation since the cunent flood maps nationwide were made in the late 1970's. A national program "No Adverse Impact" underwritten by FEMA, will make local governments and the community responsible for future land uses that cause no harm, a principal which seems logical for Owasso to readily adopt To assist you in understanding the scope of this action, enclosed is a presentation given by Representative Thad Balkman at a conference the Oklahoma Floodplain Managers Association this past spring. We like to of the 4 to which is a tax all multiple this tax are suited different areas, mitigation, cummt the potential ofthis have problems. infOlmation your not able to study, is affordable to communities Tulsa County by purchasing GIS computer software. I have enclosed information to your understanding of this request. (Special Management Conference, Aug. 14,2002) Dear Mr. Rooney Mr. Tim Rooney, The Annexation Committee City of Owasso Owasso, Oklahoma September 29,2002 The 2010 Owasso Land Use Master Plan also acknowledges the need for sufficient infrastructure when addressing Issue 5: Lack of a drainage and stormwater plan. "Strive to implement a comprehensive drainage and stonnwater plan for the fenceline geography of Owasso. Inventory This neighborhood isn't trying to stop new development; we want responsible development from the City of Owasso, Tulsa County and the developers. We are not in favor of high density housing on Tract A that Mr. Sokolsky sought at the Tulsa Metropolitan Zoning Commission. We just want assurances that our homes and property are important and that proper handling of all water issues will be openly addressed with the surrounding Ian downers. Also, that the City of Owasso will hold its design criteria, sub-division regulations and floodplain management at the highest standards with all development, starting with the Annexation Committee, Planning Commission, City Council and all City govemment personnel. Hopefully, the City Owasso as a whole will back No Adverse Impad and the public win not be shrugged off like the Planning Commission did in August 2002, by refusing to look at our flooding pictures .-.even when laid on the desk right in front of them. AU committees and the City council should be made aware of existing flooding problems that have been identified by citizens anytime a new area is to be annexed. The Planning Commission can stin vote to annex, and add the provision it is developed in accordance with a Planned Unit Development. OW' residents showed proof of flooding problems in August and September 2001, before the development of Metro II. Three of the five current council members saw oW' photographs in addition to 4 of the current 5 plamring commission members. A notebook of those photographs was delivered and signed for by the city planner, Donna Sorrells plus a letter with photos was given to Mr. Phil Lutz. In our opinion, there is no reason this problem was not addressed by the Planning Commission at their mmexation hearings in August and September 2002. At a meeting on July 2, 2002 with Mr. Ray, Mayor Brogdon, Mr. Helm and Mr. Lutz, we were told a regional detention facility had been discussed with Tulsa County 10 years ago, for the mine pits area east of N. Mingo Road because of the water problems. Yet, COlmtry Estates was allowed to be developed as well as Metro I & II. What did the developer's project engineer show on his hydrology study? What did Owasso's flood plain manager and engineering staff show for the downstream effects from these developments? Currently all the water northeast of Mingo & 116th St. N. as well as the new Metro I addition flow into ditches along Mingo Road and into a tributary across the private property at 11208 N. 9il1 E. Ave (Powderhom Ranch). This 50+\~ acreage recently sold to a developer, what studies or criteria does Owasso currently have in place to control how this land is going to be developed that will cause no harm downstream, upstream or surrounding landowners? Stonnwater from 116111 S1. North flows behind Hillside Estates into this acreage as well as the drainage from the east side of N. 92nd E. Ave. Stonnwater from 1161h St. N. and Memorial flow on the west side ofN. 92nd E. Ave. houses are built in the floodplain just below 1061h St. N. the land is this impact above 106111 North? Consequently, 106111 N., as on your Land Use will time, more. land elevations of 720 feet to the northwest above 1 16th St. North and N. Memorial. The homes and property of those who live closest to the Ranch Creek tributm'ies on 106111 S1. North receive water runofffi'om both directions, converging at the lowest elevation (636 ft) in this square mile. And, there is no comprehensive stonnwater drainage plan for this area, not even a basin study nor study of water flows. CITY CLERK, Marsha Boutwell TECHNICAL ADVISORY COMMISSION Dale Johnson, Superintendant of Schools Ray Jordan, Tulsa County Engineer Phil Lutz, Flood Plain Manager Kris DeMauro, Fire Marshall Robert Moore, City Planner Jim Greene, Police Chief Rodney Ray, City Manager ANNEXATION COMMITTEE Charles Warren Robert Moore (also T AC) Eric Wiles, Economic Development Gary Codrran (City Council) Bob Allen, Fire Chief Jim Greene (also TAC) Robert Carr, Public Works Director Rebecca Armstrong (City Council) Tim Rooney, Assistant City Manager Rodney Ray, (also TAC) Mike Ames Ray Haynes (also Planning Comm) Charles Willey (also Planning Comm) PLANNING COMMISSION Ray Haynes, Chairman Charles Willey Dewey Brown Bill Williams Dale Prevett Distribution of this letter: Please review the attached infmmation and the CD tape of current flooding problems in the office of the Owasso City Planner. We will continue to take photographs of our area anytime it rains and update the CD when possible. Tulsa County has requested this infonnation for mapping purposes on our watershed area. ~u~~ ~~d~ns for Responsible Rural Development 8500 E 116111 St. N. Owasso, Ok. 74055 371-0143 or E~MaH thepiggotts@worldnet.att.net By having a comprehensive stonnwater all developments can to placement of structural storm water controls, whether above or below ground level. As devel- open; build according to the stonnwater design criteria, all homes and properties upstream and downstream will not be in danger of flooding nor inundated with water. Issue 8 covers repairs rnaintemmce procedures street signs in subdivisions using the computer system. explained by Jim Leach of Engineers, this system can now for floodplain aJ.lalysis to aJ.'Iive at future water a area is by 4 to and map all watersheds, identifY regional detention areas that can also serve the dual use of park areas, especially in targeted areas of growth. Map and document all current problem areas. Revise CUlTent Engineering Design Criteria stonnwater design standards. Adopt Federal Clean Water Act standardslbest management practices as part of the subdivision regulations." Representative Balkman also discusses aU the above items in his speech, as a necessity before allowing any development in a floodplain area, Requests for input from the Technical Advisory Committee were sent via the TAC Agenda packet to SW Bell, Cox Cable, PSO, and ONG; as well as City utilities. The T AC meeting was conducted on September 25,2002 at 2:00 PM in the Main Conference Room at City Hall. Several comments from utility providers and staff that were noted at the T AC and are included in the attached Planning Commission staff report. TECHNICAL ADVISORY COMMITTEE: The applicant's proposal, New Brunswick, offers a unique housing opportunity not often available within the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's CUlTent housing stock and provide further opportunities for home ownership. In lieu of another commercial comer in the area, the proposal would provide for a consistent residential subdivision. ANALYSIS: The applicant is proposing to rezone the subject property from CS (Commercial Shopping District) and CG (Commercial General District) to PUD I RS-3 (Planned Unit Development I Residential Single Family) to locate approximately 50 single family residential garden homes. Staff is proposing conCUlTent review ofOPUD 02-03 and OZ-02-03. The City of Owasso has received a request from David Charney, applicant lowner, for the review of a rezoning application and planned unit development application for approximately 10 acres +1-. The subject property is located at the northwest corner of the 96th Street N. and 97th East Ave. intersection. A preliminary site plan and the PUD proposal are included with your packet. BACKGROUND: October 8, 2002 DATE: 02-03 I NEW BRUNSWICK COUNCIL THE HONORABLE MAYOR OF MEMORANDUM 1. OPUD 02-03/0Z 02-07 Staff Report 2. Preliminary Site Plan 3. New Brunswick Outline Development Plan ATTACHMENTS: Staff recommends approval of OPUD-02-03/0Z-02-07 subject to Plarming Commission conditions of approval. RECOMMENDATION: The City of Owasso Planning Commission on Monday, October 7, 2002 heard the OPUD-02-03 / 02-03 application. Several area residents attended the Planning Commission meeting and voiced objections to the proposal, primarily concerned the fear of increased traffic along 97th and primarily at the intersection of 96th Street N. and 97th Staff explained that acceleration/deceleration lanes would be required along 97th East in addition to 50' of right- of-way along the eastern and southern boundaries to allow for future road expansion. issues brought to the attention of the Planning Commission included concerns about drainage, sanitmy sewer capacity, public school capacity and the density of the proposed development. The Owasso Planning Commission unanimously approved the application for OPUD-02-03/0Z-02-07 at the October 7th meeting. If the request is approved by the City Council, an ordinance will be presented at the November 5,2002 City Council meeting formally adopting the approval. PLANNING COMMISSION: OPUD-02-03 / OZ-02-07 October 8, 2002 Page 2 CONCEPT OF A POO The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for SURROUNDING ZONING North: RMH (Residential Mobile Home Park District) South: IL (Light Industrial District) East: CS (Commercial Shopping District) across 97th East Ave. West: AG (Agricultural) PRESENT ZONING CG (Commercial General District) and CS (Commercial Shopping District). SURROUNDING LAND USE North: Residential - Mobile Home South: Vacant East: Vacant West: Residential - Single Family EXISTlNGLAND USE Vacant LOCATION The subject property is described as the S/2 of the E/2 of the SE 14 of the SE 14 of Section 13, T 21 N, R 13 E, further described as the northwest corner of the 96th Street N. and 9Th East Ave. intersection. The City of has a from David Charney, applicant/owner, for the review of a rezoning and a planned unit development application for approximately 10 acres + /- located at the northwest corner of the 96th Street N. and 97th East Ave. The applicant is proposing to rezone the subject property from (Commercial Shopping District) and CG (Commercial General District) to PUD/RS-3 (Planned Unit Development/Residential Single Family High Density District) in order to construct approximately 50 single family residential homes. Staff is proposing concurrent review of OPUD-02-03 and OZ-02-07. OPUD-02-03/0Z-02-07 (NEW BRUNSWICK) STAFF REPORT CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT UNIFIED TREATMENT OF THE POO DEVELOPMENT POSSIBILITIES The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT New Brunswick offers a unique housing opportunity not often available within the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for home ownership. In lieu of another commercial corner in the area, the proposal would provide for a consistent and well-designed subdivision that staff is certain would prove to be an aesthetically pleasing addition to the City of Owasso. Particular to this case, staff feels that the proposal is consistent with the Comprehensive Plan. Given the changing development pattern in the area, the unlikely chance of the extension of 96th Street N. and the updates to the Master Plan currently underway, staff is comfortable with the consistency of the applicant's proposal. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of commercial/office. Although this would seem to be inconsistent with the applicant's proposal, staff should point out that the Master Plan is merely a guideline for future development and is not to be considered concrete. ANALYSIS According to the Owasso Zoning Code, the Planning Cornrnission shall hold a public hearing on any PUD application and determine the following: 1. Whether the is consistent with the Comprehensive Plan. 2. Whether the is in harmony with the and development of surrounding areas. 3. Whether the is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the following PUD ordinance. A. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; B. To permit flexibility within the development to best utilize the unique physical features of the particular site; To provide and preserve meaningful open space; and D. To achieve a continuity of function and design within the development. a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. ATTACHMENTS 1. General Area Map 2. Legal Notice RECOMMENDATION Staff recommends approval of OPUD-02-03 / OZ-02-07 subject to the following conditions: L That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. 2. That unless specifically set out in the standards and conditions of this PUD, all single- family lots shall meet the requirements of a typical RS-3 district. 3. Within OPUD-02-03, the maximum number of dwelling units shall not exceed 50. 4. That prior to the issuance of building permits, the applicant is subject to the platting and site plan requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee. S. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations. 6. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 7. That a detailed drainage report certified by a registered engineer be submitted at the time of platting. 8. Visual buffers are to be required at the end of each cul-de-sac. 9. Acceleration/Deceleration lanes will be required on 97th E. Ave. 10. Sidewalks will be required along 97th E. Ave and 96th St. N. 11. That all entrance landscaping and/or monuments are reviewed and approved by the Planning Commission. 12. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. Staff has received several phone calls in opposition of the request and would expect comment at this public hearing. Technical Advisory Committee reviewed the proposal at the September , 2002 regular meeting. No comments were received. applicant has identified the terrain of the area as relatively flat with some gently rolling te'rrain. The existing soils on the site would appear to create no unusual development that are not typically encountered in development in and around the detention is required and will be fllrther defined at the platting Sidewalks will be required along all public rights-of-way associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constmcted as individual lots are developed. Acceleration / deceleration lanes are required at all access locations along arterials. 3 . Letter to Surrounding Property Owners 4. OPUD-02-03 Application 5. OZ-02-07 Application 6. OPUD-02-03 Outline Development Plan 7. OPUD-02-03 ConcepUlal Site Plan --~ / ~wt T � w September 9, 2002 Prepared by: CHARNEY &: CHARNEY, P.c. P.O. Box 240 Owasso, Oklahoma 74055 (918) 272.5338 Submitted to: CITY OF OWASSO, OKLAHOMA Addition to the City of Owasso, Tulsa County State of Oklahoma 5/2 E/2 SE/4 SE/4 Section 13, Township 21 North, Range 13 East} a proposed Submission for: PLANNED UNIT DEVELOPMENT 2 Site Analysis Underlying Zoning Maps: Expected Schedule of Development..oo...oo............. 00' 00'00 00.. 00 ......00.........00........ 00 7 Site Plan Review ......................................................... ........... ................... 7 ................................................. ................................7 Platting Association.............................................................. 00......... 6 Development Standards.. Garden Homes .00................."..00."..00.....00..."...00.00...... 5 Statistical Sumrnary ..................................................... ...............................4 Development Concept.................................................................................. 3 TABLE OF CONTENTS 3 low maintenance yards and desire smaller, well" will allow that of New Brunswick is residential, a small, secure Many residents in maintained along with cute homes on This home to be developed in a marmer that is consistent well-designed. New Brunswick is a proposed planned unit development (PUD) comprised of 10.:t acres in northwestern Owasso, Oklahoma. The property is located at the northwest corner of 96th Street North and 9ih East Avenue. The site is characterized by relatively flat to slightly rolling terrain, The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. DEVELOPMENT CONCEPT 4 Single-Family Oetacl7ed("Garden Homes") ::> Total Area: 2:. 10 gross acres ::> Requested Number of Dwelling Units: 50 RES ID ENTIAL: CU's Units Maximum 2:. 10 gross acres r Residential 2:. 10 gross acres Project Area STATISTICAL SUMMARY 5 pursuant to their review. modifications may be established by the city of Owasso Planning Commission and the Owasso City Council are consistent with the concepts and development standards set forth above. Additional requirements or It is intended that a preliminary and final plat will be submitted for the residential development areas that OtherRequirements,' · Cul-de-sac and pie shaped lots may have less than minimum frontage measured at building lines. 2 ;p Mirdmurn Lot ;p Maximurn ;p Minimum Front Yard if Abutting Public St.reet ;p Comer Lot Minimum Side Yard Abutting Publici Private Street ;p Minimum Lot Frontage* ;p Minimum Lot Depth ;p Minimum Rear Yard ;p Minimurn Side Yard 5/5 fto or OliO ft. 1 5 fto '100 ft. 50 fto 15 ft. 20ft. 5,000 sq. ft. As permitted within District, By right or ;p Permitted Uses Single.family detached structures intended for individual lot ownership. Single-Family Detached Homesites: Gorden fit!!!!!!!. DEVELOPMENT STANDARDS 6 Final documents on the Property Owners' Association of New Brunswick will be filed in the future which will address rights and requirements for association members. The Property Owners' Association to be established at New Brunswick will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. I nese areas are to be prepared by the developer and turned over to the New Brunswick Property Owners' Association maintenance. In event the Association fails to maintain areas in a proper and safe manner, the city of Owasso will have the right to maintain areas and bill each member of the New Brunswick Owners' for that cost. Should payment any member not occur, the and/or the New Brunswick Property Owners' Association may place a lien on the delinquent member's real property within the platted area. PROPERTY OWNERS' ASSOCIATION 7 DeveLopment of New Brunswick is anticipated to commence upon approval and of zoning and platting. EXPECTED SCHEDULE OF DEVELOPMENT No building permit shaH be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the Development Standards. building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of Owasso. PLAN REVIEW No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record, provided, however, that deveLopment areas may be platted covenants shaH established which are not inconsistent terms hereof of shall be made a PLAITING REQUIREMENT Staff should point out that we are hearing a request to amend only the planned unit development requirements that the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Planned Unit Development requirements are approved initially by the Planning Commission and the City Council as part of a PUD application. At the platting stage of the development, the PUD requirements are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Even if approved by this council, property owners within Ram Plaza would still have an avenue to allow or not allow the proposal through the association's covenant enforcement powers. The applicant is proposing to locate a retail pet store in an existing building which, until recently housed a hardware store. Staff has received no phone calls or any other correspondence regarding the request. ANALYSIS: The City of Owasso has received a request from Michael Roark, applicant/owner, for the review of a minor amendment to OPUD-l1 (Ram Plaza). The subject property is located approximately 400 feet west of the E. 86th Place N. and 129tl1 East Ave. intersection. The applicant is proposing to amend the OPUD-l1 protective covenants to allow for a retail pet store that raises, breeds or keeps animals. A copy of the Ram Plaza site plan, OPUD-ll Protective Covenants and proposed language is included with your packet. BACKGROUND: October 8, 2002 DATE: 1 MICHAEl.! ROARK AND CITY COUNCIL THE HONORABLE MEMORANDUM 1. OPUD 11 Ram Plaza (Roark) Staff Report 2. Ram Plaza Final Plat 3. OPUD-l1 Protective Covenants 4. Letter from Mr. Roark ATTACHMENTS: Staff recommends approval of the Minor Amendment to OPUD-ll Ram Plaza to allow a retail pet store that raises, breeds or keeps animals. RECOMMENDATION: The City of Owasso Planning Commission unanimously recommended approval for the application at the October 7, 2002 regularly scheduled meeting. If the request is approved by the City Council, an ordinance will be presented at the November 5, 2002 City Council meeting formally adopting the approvaL Requests for input from the Technical Advisory Committee were sent via the TAC Agenda packet to SW Bell, Cable, and as well as City utilities. The meeting was conducted on September 2002 at 2:00 in the Main Conference at Hall. Neither staff nor utility companies provided any comments. TECHNICAL ADVISORY COMMITTEE: OPUD-ll Minor Amendment October 8, 2002 Page 2 PUD REQUIREMENTS Included with your packet is a copy of the OPUD-ll protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article !II, Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken from Section 3.01 is included below. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Commercial Shopping District) East: PUD/CS (Planned Unit Development/Commercial Shopping District) West: CS (Commercial Shopping District) PRESENT ZONING PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail - Shopping Center East: Retail - Vacant West: Retail - Movie Theater EXISTING LAND USE Retail -. Vacant LOCATION The subject property is described as a portion of Lot 1, Block Ram Plaza, further described as12701 E. 86th Place N, Owasso, OK The City of has a request from Michael Roark, applicant, for the of a minor amendment to 11 (Ram Plaza). The subject property is located approximately 400 feet west of the E. 86tl1 Place N. and 129tl1 East intersection. The applicant is proposing to amend the OPUD-ll protective covenants to allow for a retail pet store that raises, breeds or keeps animals. A copy of the protective covenants are included with your packet. Unit Development Minor (Ram Plaza - Roark) CITY O.F OW ASSO COl\tlMUNITY DEVELOPMENT DEPARTMENT Staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at bhe PUD covenant stage and applications such as this when approved, ANALYSIS The applicant is proposing to locate a retail pet store in an existing building which, until recently housed a hardware store. Staff has received no phone calls or any other correspondence concerning the request. ZONING REQUIREMENTS The subject property is zoned PUD/CS (Planned Unit Development/Commercial Shopping District). According to the City of Owasso Zoning Code, a retail pet store falls within Use Unit 14 (Shopping Goods and Services) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Ordinance. ~ (ii) Any dangerous or unsafe uses. (iff) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-suiface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. (a) No theater... health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Excerpt from Article 1lI, Section 3.01 A TT ACHMENTS 1. General Area Map 2. OPUD-l1 Ram Plaza Protective Covenants Article III as amended by City Council 3. Letter from Mr. Roark 4. Proposed Amended Protective Covenants Article III RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for a retail pet store that raises, breeds or keeps animals. If approved by the Planning Commission, this item does require City Council action. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their 'September 25, 2002 regular meeting. At that meeting, no comments were sited by staff or utility providers. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. staff's opinion and by a strict interpretation of text the original planned unit development, several businesses have either in the past or are currently in on-compliance with approved restrictions. Although staff feels that past errors, poor judgement and/or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this COmrTIlSSlOn. from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between the property owner's association and Mr. Roark as part of the protective covenants approved with the subdivision plat. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Ow as so with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, recreational or entertainment-type activity shall be operated, or permitted to operate upon the property, (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess ofthe capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III Protective Covenants Section 3.01. Designilljgn of Permitted and Pmhihits:d Uses. Attachment: I Michael D. Roark Roark Family, L.L.C. Thank you for your consideration of this request. While the Pet Stop does not technically "raise, breed, or keep" animals by strict legal definition of those words, it would be much preferable to amend the covenant so as to remove any doubt and allow them to continue their business in Owasso. The requested amendment to the Protective Covenants (exhibit attached) would be: Strike - Section 3.01. Desiznation of Permitted and Prohibited Uses. , paragraph (b), subsection (i) "Afo/ use which involves the raising, breeding or keeping of afo/ animals or poultry. " The Pet Stop, Inc. would not interrupt or aggravate any of the nearby businesses or neighborhoods with its operation. I am aware of no opposition voiced with regard to their intended relocation to this property. They have been, and will continue to be, a good neighbor and business citizen for Owasso. The Pet Stop, Inc. is not a noxious or offensive business. Indeed, it has successfully operated alongside of other retail businesses and professional businesses in its current location for about six years. They have simply outgrown their location. They are recognized by Owasso residents and business leaders as a real contribution to the Owasso community and as a significant contributor to sales tax revenue for Owasso from buyers outside of our city. The tenant, Pet Stop, Inc. is a present Owasso retail business operating in the Cornerstone shopping center on 86th Street. They have successfully operated their pet store for a number of years and are recognized as one of the leading pet stores in the state. Their selection of freshwater and saltwater aquarium fish is reported to be the second largest in Oklahoma with customers coming to Owasso from, not only the Tulsa metropolitan area, but also other parts of Oklahoma and Kansas. The majority of their present leased space is dedicated to pet training aids, supplies, toys, books, pet security, and other "support" items. At the new location they would continue to utilize the large majority of space for this type of retail merchandise. With this letter I am requesting that the Protective Covenants for Ram PlJD.ll, of be amended. The requested modification would allow property I own at 1270 I E. 86 Place North to be used for a retail pet store. Language in the covenants, while likely not anticipating a retail pet store in its intent, neve11heless, could technically prohibit the operation of a retail pet store. Mr. Moore: of Owasso PUD~ll, Ram Amendment to r.e.: Robert Moore City Planner City of Owasso, Oklahoma III North Main Owasso, OK 74055 September 3, 2002 The City of Owasso Planning Commission did not make a successful recommendation concerning the application at the October 7, 2002 regularly scheduled meeting. If the request is approved by City Council, an ordinance will be presented at the October 15, 2002 City Council meeting formally adopting the approval. PLANNING COMMISSION: Included with your packet is a copy of the OPUD-l1 covenants as approved by the Planning Commission on December 17, 1992 and amended on J anumy 19, 1993. Although the CUlTent non- conforming uses would be allowed to remain under the provisions of Section 1220, (Non- conforming Use of Buildings or Buildings and Land in Combination), Owasso Zoning Code, staff believes this alTIendment is appropriate. A copy of Section 1220 is attached for your review. Staff should point out, much like the applications of Mr. Roark and Mr. Preston, this request would alTIend only the language included in the PUD requirements and not the language as approved per the subdivision plat. Any amendment to the subdivision plat that would allow health related facilities to remain would require the approval of the property owner's association. ANALYSIS: The City of Owasso Community Development staff is initiating this request for the review of a minar alTIendment to OPUD-ll (Ram Plaza). The subject property is located northwest ofthe 86th Street N. and 129111 East Ave. intersection. Staff is proposing to amend the OPUD..ll protective covenants to allow for health related facilities and uses of land. Staffs purpose in initiating this amendment is in an effort to alleviate the non-conforming status of the health related businesses within RalTI Plaza. BACKGROUND: October 8, 2002 DATE: 1 THE HONORABLE MAYOR CITY MEMORANDUM 1 to allow 1. OPUD-l1 Ram Plaza Protective Covenants, Article III 2. Amended OPUD-ll Ram Plaza Protective Covenants, Article III 3. Section 1220, Owasso Zoning Code covenants of to amend recommends approval the health related facilitieso RECOMMENDATION: OPUD-ll Minor Amendment October 8,2002 Page 2 Section 3.02.2. Building Design. All stmctures shall be masonry, brick, stone or stucco constmction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All stmctures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of constmction. Section 3.02. Development Standards. Constmction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating link, bowling alley, dairy store, establishment which sells alcoholic beverages for on'~premises consumption, or any other health, recreational or enteltainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion ofthe Propelty: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, mle, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibite;;_(;lU:;~s. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other heahtfr; recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Propeliy: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufactming, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authOlity. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III Protective Covenants Section 3.01. Designation of Pelmitted and Prohibited Uses. 95 f. A nonconforming use of a building or of a building and land in combination when located within a residential district shall not e. Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of Cd) above shall eliminate the nonconforming status of the use of the land. d. A nonconforming use of a building or building and land in com- bination, if discontinued for 12 consecutive months or for 12 months during any 18 month period (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed. When at the tive date of this code or amendment thereto, there exists a lawful use of a building, or use of a principal building and land~ or use of land and accessory structures, such structures covering more than 10 percent of the lot area, and such use would not be permitted by the terms of this code or amendment thereto, such use shall be deemed noncon- forming and may continue subject to the following provisions: de No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitt~d in the district in which it is located. b. "A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building. c. A nonconforming use of a building, or building and land in com- bination, if superceded by a permitted use shall not thereafter be resumed. SECTION 1220 NONCONFORMING USE OF BUILDINGS OR BUILDINGS AND LAND IN ~ COMBINATION d. If any such nonconforming use of land ceases for any reason for a period of more than 90 days (except when government action impedes access to or use of the premises), any sub~ sequent use of such land shall conform in all respects to the regulations of the district in which located. b. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the the d of this code or amendment th Co No additional s ( than s) shall De erec in con ion nonconforming use 1 and, conforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the ef= fective date of this code or amendment thereof. 96 d. Single Lots: In any district in which s~ngle-family dwellings are permitted, notwithstanding limitations imposed by other pro- visions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. SECTION 1240 NONCONFORMING LOTS b. All signs granted a variance under Section IX, of Ord. No. 309, the Owasso Sign Ordinance, or other sign ordinances shall not be subject to the provisions of Section VII A of this ordinance. A sign lawfully existing at the effective date of the adoption or amend- ment of this code but which would be prohibited under the terms of this code or amendment to the code shall be deemed nonconforming. . a. All nonconforming signs within the city shall be removed within five (5) years from September l~ 1981 the effective date of Ordinance NOe 309. SECTION 1230 NONCONFORMING SIGNS .- g. ~nould ure containing a nonconforming use damaged or ti 1y destroyed to the extent of more than 50 but less than percent of its current lacement cost the time of damage, the restor ion of the structure shall be subj t to the Board of AdjustmentBs findings, after adherence to the procedural requirements for a Special Exception, that the contemplated re- storation is necessary for the continuance of the nonconforming use9 and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the ucture containing a nonconforming use be damaged or destroyed to the extent of more than 75 percent of its replacement cost at the time of damage, the nonconforming use shall not thereafter continue or be resumed. be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a build- ing and land in combination, when located within a district other than a Residential District, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding at the proposed use will not result in any increase of incom- patibility with the present and future use of proximate properties. The change of a use to another use contained within the same use un it sha 11 not const itute a IBchange of use'! wi th i n the mean i ng of is s ion. The staff should point out that the request is only to amend the planned unit development requirements that the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Planned Unit Development requirements are approved initially by the Planning Commission and the City Council as part of a PUD application. At the platting stage of the development, the PUD requirements are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owners association. Even if approved by this council, property owners within Ram Plaza would still have an avenue to allow or not allow the proposal through the association's covenant enforcement powers. CLARIFICATION OF PUD AND SUBDIVISION PLAT: The applicant is proposing to locate a billiard parlor in the newly constmcted commercial shopping center known as the Center on 86th Street. Initially the applicant requested that City staff review a proposal that, in addition to allowing a billiard parlor, would also allow for on-premise alcohol consumption. The applicant has amended his application striking the language pertaining to alcohoL APPLICATION: The City of Owasso has received a request from Lance Preston, applicant, for the review of a minor amendment to OPUD-ll (Ram Plaza). The applicant is proposing to amend the PUD requirements to allow for a billiard parlor, interpreted in the requirements as a recreational use. The subject property is located approximately 300 feet west of the E. 86th Place N. and 129th East Ave. intersection. A copy of the Ram Plaza site plan, PUD requirements and proposed language is included with your packet. BACKGROUND: October 10, 2002 DATE: 1 (RAM LANCE PRESTON THE HONORABLE CITY MEMORANDUM 1. OPUD 11 Ram Plaza (Preston) Staff Report 2. Ram Plaza Final Plat 3. OPUD-l1 Protective Covenants 4. Letter from Mr. Preston 5. Amended letter from Mr. Preston ATTACHMENTS: Staff recommends denial of the Minor Amendment to OPUD-ll Ram Plaza to allow a billial'd parlor as a recreational use. RECOMMENDATION: The staff finds that, as a recreational use, a billiard parlor would be too intensive of a use for the Ram Plaza planned unit development. The physical layout of the Ram Plaza development provides for separate commercial sites that are distinct from each other and have separate service areas. Ram Plaza is not a one-building shopping center or strip center with one generally shared service area. The layout of the development does not lend itself to having the service capacity necessmy to handle a recreational use. The PUD requirements include a restriction that prohibits recreational uses in the development. Billiard parlors constitute a recreational use. Recreational uses are typically significantly more intensive in nature than other commercial uses. This level of intensity provides a compelling reason to closely examine any application for the allowance of a recreational use. ANALYSIS: Requests for input fioom the Technical Committee were sent via the Agenda packet to SW Bell, Cable, and as well as City utilities. The meeting was held on September 2002 at 2:00 p.m. in the Main Conference Room at City Hall. Neither staff nor utility companies provided comments, with the exception of requirements for a fire suppression system and a City billiard license. The City of Owasso Planning Commission did not make a successful recommendation on the application at the October 7, 2002 regularly scheduled meeting. If the request is approved by the City Council, an ordinance will be presented at the November 5, 2002 City Council meeting formally adopting the approvaL PLANNING COMMISSION: PUD REQUIREMENTS Included with your packet is a copy of the OPUD-11 protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article III, Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken is included below. SURROUNDING ZONING Narth: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Commercial Shopping District) East: PUD/CS (Planned Unit Development/Commercial Shopping District) West: PUD/CS (Planned Unit Development/Commercial Shopping District) PRESENT ZONING PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Office - Dental Facility East: Service - Assisted Living Facility West: Retail - Vacant EXISTING LAND USE Retail - Vacant LOCATION The subject property is described as a portion of Lot 1, Block and a portion of Lot Block 2, Ram Plaza, further described as12811 86th Place N, Owasso, OK. See attached for full legal description. The City of Owasso has received a request from applicant, the a minor amendment to 1 (Ram Plaza). The subject property is located approximately 300 feet west of the 86th Place N. and 129th East Ave intersection. The applicant is proposing to amend the OPUD-ll protective covenants to allow for a billiard parlor as a recreational and/or an entertainment type activity. A site pIan, floor plan and copy of the protective covenants are included with your packet. Development Minor Amendment (Ram Plaza - Preston) Planned CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT Additionally, staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been Staff has received numerous phone calls in opposition of the request and would expect public comment at this meeting. However, all opposing comments received in connection with the applicant's proposal, with the exception of the attached letter from Alterra, concerned the on-premise alcohol consumption and not the billiard parlor issue. ANAL YSIS The applicant is proposing to 10cate a billiard parlor in the newly constructed commercial shopping center known as The Center on 86th Street. Initially, the applicant requested that City staff review a proposal that, in addition to allowing a billiard parlor, would allow for on-premise alcohol consumption. The applicant has amended his application striking the language pertaining to alcohol. ZONING REQUIREMENTS The subject property is zoned PUD/CS (Planned Unit Development/Commercial Shopping District). According to the City of Owasso Zoning Code, a billiard parlor falls within Use Unit 19 (Hotel, Motel, and Recreational Facilities) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Code. (a) No theater... health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, .~ shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the the following uses shall not be permitted on any portion of the Property: (i) use which involves raising, breeding or keeping animals or poultry. (ii) Any dangerous or unsafe uses. (iii) industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-suiface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Excerpt from Article Ill, Section 3.01 ATTACHMENTS 1. General Area Map 2. OPUD-l1 Ram Plaza Protective Covenants Article III as amended by City Council 3. Legal Description 4. Letter from Mr. Preston 5. Amended Letter from Mr. Preston 6. Proposed Amended Protective Covenants Article III 7. Letter from Alterra RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of OPUD-l1 (Ram Plaza) to allow for a billiard parlor as a recreational and/or an entertainment type activity subject to the following conditions: 1. The applicant submits an application for a business license to the Office of the City Clerk. 2. The applicant must either have the building protected by a fire suppression system or alter the square footage of leasable space. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, the following comment was received: 1. Occupancy load exceeds 300 persons. The building as shown would need to be sprinkled. If this item is approved by the Planning Commission, City Council action is required. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and by a strict interpretation of the text of the original planned unit development, several businesses have either in the past or are currently in non-compliance with the approved restrictions. Although staff feels that past errors, poor judgement and/or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this commISSIOn. appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at the PUD covenant stage and applications such as this when approved, from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between the property owner's association and Mr. Preston as part of the protective covenants approved with the subdivision plat. 8. Property Owner Signatures 9. The Center on 86th Street Site Plan Section 3.02.2. Building Design. All structures shall be masonry, blick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion ofthe Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, recreational or enteliainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping any animals ar poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufactming, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authOlity. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the propeliy is located. ARTICLE III Protective Covenants Section 3.01. Designation ofPermitted,ill1gJLOhibit~d Uses. The City of Owasso has been growing steadily for the past decade, but enteliainment options have not kept pace with the city's rapid expansion. With the exception ofthe skating rink and movie theatre, or outdoor sporting activities such as golf or soccer, It is our intention to lease an area within a recently built complex known as The Center on 86th Place, located at 12811 East 86th Place North, Owasso, with the purpose of promoting the sport of Billiards through the operation of a Billiard Parlor. We have secured financing to operate the business, and have developed a detailed operational plan. Our facility will feature 18 full size tables, televisions for viewing live sporting events, and an assortment of arcade games, darts, any other diversions. Our guests will reflect a wide section of the population of Ow as so, as the sport of Billiards appeals to participants of all ages, races, and genders. We will offer our guests an assortment of snacks and beverages, including chips, candy, nuts, popcorn, soda, juice, and water. And for our adult guests, we plan to offer a variety of bottled low-point 3.2 beers. No other alcoholic beverages shall be served. A kitchen that serves hot meals, such as burgers, sandwiches, and chicken strips, will be in operation at a future date. In addition to casual play, a Billiard league will be formed, and regular tournaments will be held. The atmosphere will be upscale, and a family-friendly environment will be enforced at all times. Our goal is to open for business prior to the Thanksgiving holiday of 2002. The purpose ofthis letter is to request a modification to the existing protective covenants that currently apply to a planned unit development in the City of Owasso known as "Ram Plaza", PUD-ll, located on the Northwest Comer ofthe intersection of 86th Street North and 129th East Avenue. This requested modification would apply only to the protective covenants specifically defined in paragraph (a), Section 3.01, Article III titled "Protective Covenants". In addition to other restrictions, this paragraph specifically excludes any "recreational or enteliainment-type activity", and any "establishment which sells alcoholic beverages for on-premise consumption". We would request that these specific restrictions, and only these restrictions, be repealed in order to allow the operation of a Billiard Parlor on the premises; such operation shall be described below. A modified copy of the above referenced paragraph with the specified restrictions removed is attached for your approval. : Proposed PUD Amendments for Ram Plaza, City of Owasso, PUD-ll TO: Robert Moore, City Planner City of Owasso 111 North Main 74055 Sep.3,2002 Also attached to this request are signatures of the property owners within Ram Plaza who have consented to our intended use of the property and the modified covenants. In addition to the use restrictions that we request to have repealed, there currently are also restrictions that do not allow a motion picture theater, health spa, or any other health activity to be operated upon the property. However, there currently exist several businesses that operate on the property or part of the property which seem to fall under these restrictions, including the Dickinson Theatre (motion picture), Healthsouth Sports Medicine & Rehabilitation Center (health), Standridge Clinic (health), Mark Franklin Dentistry (health), and Owasso Oral & Facial Surgery (health). Until recently, a workout facility (health spa) called Fitness Zone operated on the property. The Git-N-Go convenience store also sells alcoholic beverages, although not for on-premise consumption. It would appear that the existing restrictive covenants are either not being enforced, or are being selectively enforced. Therefore we feel that our request to modify the existing restrictions would not be unreasonable. The location of our facility within Ram Plaza makes sense from a business perspective when considering the proximity of the movie theatre and the high school. No other location in the city offers such convenient access from both facilities. And while the original restrictive covenants were put in place in order to help maintain property values within Ram Plaza, we do not feel that our intended use of the property will constitute a detriment to the area, but will instead reveal its potential. We have no intention of allowing any activity within or immediately outside our facility that would pose any risks or danger to any of our guests or nearby businesses, and plan to implement and strictly enforce a simple but fair code of conduct for anyone on the property. We expect that a clean, attractive, and hopefully popular destination will only help contribute to the value of the nearby area. recent a campaign residents to "Shop to help keep discretionary income spent within our own town, in order to increase sales tax revenue. While the campaign has been fairly successful to date, it could be dramatically more successful ifthe emphasis where not placed mainly on retail, but an effort was also made to include entertainment dollars as well. recreation and entertainment options are extremely limited. Often our residents are forced to travel to Tulsa to meet this need. The sport of Billiards is an activity that can help to fill this vacancy. Billiards is an internationally recognized sport, with professionally televised men and women's competitions. Participants of all nationalities, ages, and genders all over the world enjoy it. Billiards has traditionally had a bad connotation, being associated with gambling and dark, scary halls where fighting and other seedy activities took place. While these types of places do still exist, they are now the exception to the rule, as Billiards has dramatically cleaned up its image in the past couple of decades. Today, billiard parlors are for the most part family oriented and child fiiendly. Many are upscale rooms might take a date to enjoy a fun activity even adding as an official Lance Preston, President The Breakroom, Inc. (918) 547-9574 Sincerely, Thank you for your consideration. We ask that you please consider this proposal, and present it to the Planning Commission at the very next meeting with your recommendation. I am available at any time to answer any questions you may have, or to present additional information upon request. (vii) Any use which violates any statute, rule, regulations, ordinance ar other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances ofthe city or any other governmental body in which the property is located. (vi) Any noxious or offensive activity which Owner deems objectionable and adverse to the preservation of property values of the Adjacent Property. (v) Any uses which may require water and sewer services in excess ofthe capacities allocated to the Property by any governmental authority. (iv) Any mining or mineral exploration or development except by non- surface means. (Hi) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (ii) Any dangerous or unsafe uses. (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, or any other health activity shall be operated, or permitted to operate upon the property. ARTICLE HI Section 2.02. Recordation of Declaration and Amendments. This Declaration, and any amendment, modification or revision thereto, shall not be effective until filed for record in the public real estate records for the county or counties or cities in which the Property is located. ance Preston, President The Brealcroom, Inc. (918) 547-9574 Sincerely, PleMe modify my previous request and present this modified proposal at the next scheduled meeting of the OwllSSO Planning Commission with your recommendation, Let me know if you have any further questions. (a) No theatre (motion picture or legitImate), health spag skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on~ premise consumption, or any other health recrcatlm~~ fJr cRre~inmeAt type activity shall be operatedg or permitted to operate upon the property, 1 now lrequelllt that t9d~ paragraph be amended t@ read JAke this: (a) No theatre (motion picture or legitimate), health spa, skating rinko bowling alleyo dairy storeo establishment which sells alcoholic beverages for ons premise consumption, or any other heatthg recreational or entertainment~t:ype activity shall be operated, or permitted to operate IJpon the property, Mr. Moore, Due to overwhelming concern by the property ownus within Ram Plaza. I have decid~d to amend my requcl!It to modify the Protective Coverumt8 ofPUD~11, and willh to exclude the removal of the restriction on alcoholic beverage$, The paragraph I am. referring to i~ pm:agraph (a) of 3,CH in Article HI titled "Protective Coverumt~'" and is currently written as follows; 1 TO: Robert Moore, City Planner City of ()<Nasao 111 North Main Sep.'1.7,2002 NG, 6289 ?, 2 WCG ~i:LJ SiRViCiS Y185oib944 S:iP, 2'1. iUU2 J: UY~:Vl The City of Owasso, along with all other cities having a population between 5,000 and 200,000, is eligible for federal funds through the Surface Transportation Program that is administered by ODOT. Certain streets are given functional classifications by the Federal Highway Department within the city's urban boundary. These classifications include freeways, arterials, collectors, and local roads. These different street classifications are eligible for varying amounts of funds based upon the total number of road miles within Owasso's adjusted urban area boundary. TRANSPORTATION FUNDING: Owasso is classified as a "small urban area" because it has a population greater than 5,000 and is physically separated from the four "urbanized areas" in Oklahoma: Tulsa, Oklahoma City, Norman, and Lawton. Bird Creek separates Owasso from the Tulsa urbanized area according to the strict census definition of urbanized areas. Collinsville is included in the Owasso small urban area. URBAN AREAS: The Oklahoma Department of Transportation (ODOT) is coordinating an adjustment to the boundary of Owasso's urban area. The Census Bureau prepared the urban area boundmy with information from the 2000 Census. The staff has worked with ODOT to develop the adjusted urban area boundmy; generally, that area up to one mile beyond the limits of the census prepared boundmy. The City of Owasso is a census-designated place. The term "urban area" means a census.. designated place having a population of five thousand or more and not within any other urbanized area, within boundades to be fixed by responsible State and local officials. Based upon this definition, Owasso is an urban area. BACKGROUND: October 2, 2002 DATE: THE HONORABLE MEMORANDUM Adjusted Area BoundalY Map ATTACHMENT: The staff recommends Council authorization of the Mayor to sign and approve the Adjusted Area Boundary Map. RECOMMENDATION: The staff requests that the Mayor be authorized to sign the proposed Adjusted Urban Area Boundary map. Then, ODOT will seek approval of the adjusted urban area boundary fi'om the Federal Highway Administration (FHW A). Once FHW A approves the boundmy, the staff will work with ODOT officials to re-classifY all roads within the Owasso urban area. PROCESS: The staff proposes to enlarge the adjusted urban area boundmy, thus increasing the total number of road miles, and ultimately increasing the number of roads within Owasso that are eligible for improvement through the Surface Transportation Program. The change in the adjusted urban area boundmy will not place in a different funding program and will not affect the city's chances for receiving road improvement funds the number of miles within the city eligible for federal dollars will simply increase. Owasso Urban Area Boundary October 2, 2002 Page 2 The City of Owasso has utilized Horizon Construction on other projects. Their work has been fOlmd to be acceptable. The project was advertised on August 29, 2002 and bids were opened on September 19th. Four (4) bids were received as summarized on the attached bid documentation. The apparent low base bid (not including the additive altemate) was submitted by Horizon Construction Company, Inc.(Owasso, Oklahoma) in the amount of$lI9,667.26. The additive alternate amount bid was $5,458.00. Horizon has met all requirements of the bid process. SOLICITATION OF BIDS: Detailed plans and specifications were developed by Public Works Department Engineering Division personnel and include constructing a concrete-lined channel in the area of Thom's Tire extending east about 550 feet from the service road. An additive alternate was included in the contract documents far an additional 50 foot channel section. This alternate was intended to be included in the contract should the main channel bid be lower than the designated $100,000 project requirement. The Three Lakes Channel Improvement project is one of three Supplemental Environmental Projects submitted to and approved in compliance with the Consent Order (Case No. 01-09l) conditions with the Oklahoma Department of Environmental Quality. The consent order requires the city to construct an improvement with a minimum cost of $100,000 and with constmction beginning no later than November 2002. The proposed project segment included in this construction contract is the first phase of a total project which will provide a concrete channel extending north to 86th Street North in the area of Goldie's Restaurant. BACKGRO~D: October 8, 2002 DATE: AWARD THREELAKESDRAINAGECI~ELIMPROVEMENTPROJECT (pHASE I) PUBLIC THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: 1. Bid Summary Sheet 2. Construction plans Staff recommends award of a construction contract for the Three Lakes Charmel Improvement proj ect (Phase I) to Horizon Construction Company, Inc. (Owasso, Oklahoma) in the amount of$119,667.26. RECOMMENDATION: The proposed projects list included in the Capital budget was developed and prioritized during budget preparation. that time, it was discussed that work on projects equipment purchases for priority items would be dependent upon bid results. Funding for this project is included in the FY02-03 Capital Projects budget (line item 01 ~ 1 05-54230) in the amount of$100,000. An additional $19,667.26 will be needed for this contract. F_UNDING SOURCE: Page 2 Contract Award Three Lakes Drainage Channel Improvement Project (Phase I) Approved Capital Projects Budget and Priorities ATTACHMENTS: In this case, the staff believes the scope of work for the channel improvements is appropriate and should not be reduced. Therefore, it will be my recommendation that the project be funded at the $119,667.26 level, and future capital projects be funded accordingly. A total of $1,335,000 was allocated for 11 projects. Those projects were then priOlitized and funding allocations made based on cost estimates. As the top priority projects are bid and contracts awarded, there will always be the need to either revisit the priority list or make adjustments to the funds allocated to the lower priOlities. Thus, it should be noted that approximately $20,000 will be removed from the lower-rated capital project priority list adopted by the City Council during the budget process. Simply put, that means that funds for the street sweeper, storm sirens, picnic shelter, and radios will be reduced by $20,000 unless future project contracts are funded at levels lower than expected. Based on my review of Mr. Carr's recommendation relating to the "Three Lakes Drainage Channel Improvements Project," there is one point of clarification that should be noted. While there is agreement that the project should be undertaken and that the "project scope of work" is appropriate, the low bid is in excess of the funds initially allocated to the project (see attachment). BACKGROUND: October 4, 2002 DATE: FUNDING INFORMATION RELATED TO THREE LAKES DRAINAGE CHANNEL IMPROVEMENTS THE HONORABLE CITY COUNCIL CITY OF OWASSO MEMORANDUM ~, 31 1,335,000 100,000 100,000 100,000 100,000 100,000 80,000 75,000 100,000 Citywide Streets, Drainage & Sidewalks Streets - $450,000 Drainage - $88,000 Sidewalks - $42,000 DEQ Project Three Lakes Drainage Channel Sports Park Parking Lot Rayola Drainage Improvements/Beautification Elm Creek Lake Dredging Project Storm Sirens Street Sweeper Park Picnic Shelter Radios 580,000 Proposed Projects 1 Total Operating 300,000 450,000 42,000 188,000 Outlay 01 195 54200 Improvements o Street Improvements 54220 Sidewalk Construction 54230 Drainage Improvements 54400 Machinery *Total Capital Outlay* Proposed Actual Actual Budget 2000-2001 200 Capital Projects City of Owasso Fiscal Year 2002-2003 Annual Budget Signature: Date: ~\. -. -_.- ..... I - ,)"-'l~ __ u " Bidder Base Bid Alternate # 1 Horizon Construction Company Inc $119,667.26 $5,458.00 Owasso, OK Magnum Construction Inc $141,931.00 $12,750.00 Broken Arrow, OK Messer Construction Inc $179,600.00 $14,000.00 Tulsa, OK Yocham Enterprises Inc $183,800.00 $9,000.00 Sapulpa, OK Certification: Witness: Jeff Bain Witness: . Marcia Boutwell Bids Opened By: 4 Number of Bids: Three Lakes Drainage Channel Improvements Item: October 15,2002 . Council/Trustee Action: 1 CITY OF OW ASSOIOW ASSO PUBLIC WORKS AUTHORITY III N. Main PO Box 180 Owasso, Oklahoma 74055 18) 376-1510 RECEIVED OCT 0 1 2002