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Home My WebLink About2002.12.17_City Council Agenda 5. Consideration and Appropriate Action Relating to the Appointment of a Qualified Elector as a Councilor for Ward 1. Mayor Helm Attachment #5 4. Roll Call 3. Flag Salute Invocation Pastor Leonard Pirtle Rejoice Free Will Baptist Church 1. Call to Order Mayor Helm AGENDA on Hall 2:00 Clerk and posted at Notice and agenda filed in the office of the Friday, December 1 2002. Community Center Regular December I 7, 2002 6:30 p.m. Council Chambers, TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL The staff recommends Council approval of Ordinance #730, and has listed this item in the consent section of the agenda based on Council action on December 3, 2002 to approve the annexation and authorize an ordinance. D. Action Relating to Ordinance #730, an Ordinance Providing for the Annexation of Approximately 1.08 Acres Located at the Southeast Comer of East 103rd Street North and U.S. Highway 169 East Side Service Road (Ward 1). Attachment #7-D The staff recommends Council approval of Ordinance #729, and has listed this item in the consent section of the agenda based on Council action on December 3, 2002 to approve the annexation and authorize an ordinance. Action Relating to Ordinance #729, an Ordinance Providing for the Annexation of Approximately 15.03 Acres Located Within the East 116th Street North Right-of-Way and South of East 116th Street North, Approximately 1700 Feet East ofthe Intersection of East 116th Street North and North Garnett Road (Ward 1). Attachment #7-C B. Approval of Claims. Attachment #7-B A. Approval of Minutes of the December 3,2002 Regular Meeting Attachment #7-A 7. 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.) 6. Administration of Oath of Office to Ward 1 Councilor. Ms. Boutwell Owasso City Council December 17, 2002 Page 2 The staff will recommend that the City Council repeal the sign regulations contained in Appendix F and replace such with a new sign code to be entered as Chapter 17 of the Zoning Code. 9. Consideration and Appropriate Action Relating to Appendix F Sign Regulations, of the Zoning Code for the City of Owasso. Mr. Moore Attachment #9 The staff will recommend City Council approval of a text amendment to the Zoning Code to permit mini-storage units in CS, CG, and CH Districts by Special Exception only. 8. Consideration and Appropriate Action Relating to an Amendment to Chapter 6 Commercial District Provisions, Section 610 Principal Uses Permitted in Commercial Districts, ofthe Owasso Zoning Code, Relating to Mini-Storage Units. Mr. Wiles Attachment #8 approval the requested budget amendment. staff Action Relating to an Amendment to the FY02-03 Capital Projects Grant Fund, Wherein Revenues for the Fund are Increased by $42,000 and Estimated Expenditures are Increased by $42,000. Attachment Owasso City Council December I 7, 2002 Page 3 The staff will recommend approval of the easement closing & adoption of Ordinance #731. 12. Consideration and Appropriate Action Relating to Ordinance #731, an Ordinance Providing for the Partial Closing of a Utility Easement Located in Lot 43, Block 6, Sawgrass Park at Bailey Ranch. Mr. Moore Attachment #12 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. 11. Consideration and Appropriate Action Relating to OZ-02-09, a Request to Rezone Property Located on the West Side of North 129th East Avenue Approximately 2400 Feet North of the East 96th Street NOlth and North 129th East Avenue Intersection, from RE (Residential Estates) to CS (Commercial Shopping Center), Containing 5 Acres, More or Less. Mr. Moore Attachment #11 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. 10. Consideration and Appropriate Action Relating to OZ..02-08, a Request to Rezone Property Located at the Southeast Comer of Birch Street and East Second Street, from RM..l (Residential Multi-Family Low Density) to OL (Office Light), Containing 2.02 More or Less. Mr. Moore Attachment #10 Owasso City Council December 17, 2002 Page 4 The staffwill request the attachment of an emergency clause to Ordinance #728. 15. Consideration and Appropriate Action Relating to the Attachment of an Emergency Clause to Ordinance #728. Mr. Ray See Attachment #14 The staff will recommend approval of Ordinance #728, repealing the above-referenced Section 17-206, and adopting a new Section 17-206 relating to collection and hauling of waste without a permit. 14. Consideration and Appropriate Action Relating to Ordinance #728, an Ordinance Relating to Part 17 Utilities, Chapter 2 Garbage and Refuse Collections, Article B, Section 17-206 Use of Street, ofthe Code of Ordinances ofthe City of Owasso, Oklahoma. Mr. Ray Attachment #14 staffwill recommend approval ofthe easement closing & adoption of Ordinance 13. Consideration and Appropriate Action Relating to Ordinance #732, an Ordinance Providing for the Closing of a Stormwater Detention Easement Located in Lot 1, Block Ram Plaza Addition. Moore Attachment #13 Owasso City Council December 17, 2002 Page 5 19. Report from City Attorney. 18. Report from City Manager. The Mayor will request confirmation by the Council that he be appointed to the INCOG Board of Directors and that City Manager Rodney Ray be appointed to the Legislative ConsOltium. 170 Consideration and Appropriate Action Relating to Appointments for the Purpose of Replacing Former Councilor/Mayor Brogdon on the INCOG Board of Directors and Legislative Consortium. Mayor Helm Attachment # 17 approval of an agreement for between Manager for the period January 1, 2003 through December The Mayor will recommend the City of and the 31,2003. 16. Consideration and Appropriate Action Relating to an Agreement for Services Between the City of Ow as so and Rodney 1. Ray. Mayor Helm Attachment # 16 Owasso City Council December 17, 2002 Page 6 Adjournment 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting ofthe agenda,) 20. RepOlt from City Councilors. Owasso City Council December 17,2002 Page 7 Letters of Interest ATTACHMENTS: Should the Council fill the vacancy by such action, the oath of office will be administered to the selected candidate under the next agenda item. The agenda provides an opportunity for the Council to select from the candidates a person to fill the Ward I vacancy. Such selection requires a valid motion and second, and a majority vote of the remaining Councilors (three votes). Ms. Boutwell and Mr. Wiles have verified that each of the above addresses are within the boundaries of Ward 1, and that the City Council was notified of each letter of interest on the day that it was received. 11809 N. 104th East Ave. 11003 E. 117th St. N. 11115 E. 118th St N. Edwin Blevins John Tooley Craig Thoendel The following persons have submitted the required "letter of interest" for your consideration: Pursuant to Council direction, the staff has caused a notice of a vacancy in the Ward 1 City Council office to be published. The form of that notice was as a news article and a legal notice pIinted in The Owasso Reporter on Thursday, November 21, 2002. The article contained all of the infOlmation required by the City Council policy relating to the filling of vacancies in Council offices, and set a deadline of 5:00 p.m. on December 10, 2002 for persons to submit a "letter of interest. " BACKGROUND: December 12, 2002 DATE: 1 THE HONORABLE MEMORANDUM /~ 6~~ 11809 N 104 E, Collinsville, Ok, 74021 '" Edwin Blevins Respectfully f I would consider it a privilege to be able to represent Ward One, L There will be one councilman from each ward, I must be a qualified elector of City (legal voter) 3, I must reside in respective ward to be appointed or elected, 4, Shall continue to reside in this ward during the entire term of office, S, Should I leave this place of residence I must forfeit the position, 6, That I'm not holding any office in City Government by appointment, I'm aware conviction of crime involving moral turpitude eliminates the position, It is my personal opinion that average citizens should take a more active in government beginning with the city of one's residence, r retired after i7 years employment with Sun Oil Company" in position ot counCllman I understand the following: City of Owasso 111 N, Main Ok, r< ee e:ve.d. I!.JJO /tJ~ 1:60 p.~, , A' ~ WcMd I. ynGJ, Ve fl'~I'~ 1'11. WCJfcl I ., Dee IOu 02 .-' The new MSN 8: smart spam protection and 2 months FREE* http://join.msn.com/?page=features/junkmail . J/? II John Tooley Home # 371~2390 Cell # 277~9527 Sincerely, I am writ to express my interest in the vacant Ci Counsel seat for Ward 1. I have some experience with civic clubs, and oy activities that the as a whole will benefit from. For that reason, I would like to be a candidate for the interim Ward 1 position. R~e.e';II'(.,d /P.jl%L :l..' fL 0 ~' " 1/1'1 Veri Ie 1'1/ Me Jolln Tooley utooley@hotmail.com] Tuesday, December 10, 2002 1 :00 PM rj ray@cityofowasso.com City Ward 1 From: Sent: To: Subject: Ray,Rodney Craig Thoendel h$J) Sincerely, Thank you. I would like to submit my name for consideration as Ward 1 City Councilor. Dear Members: City Council City of Owasso P.O. Box 180 Owasso, OK 74055 11115E.11Stl1N. Collinsville, OK 74021 R e c. e; 1/ eel IrfL/lo lo:z ,J.':3.:5 f''P1. Ve;'('l ~,'e:d i (\ W<>1..-J. I-f{). ve r;f,e& ;1\ ltlthrJ 1- December 10, 2002 The consent agenda included minutes of the November 18, 2002 special meeting and the November 19, 2002 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $192,098.50; (2) Ambulance Service Fund $3,001.58; (3) Juvenile Court Fund $350.00; (4) Capital Improvements Fund $64,546.74; (5) City Garage Fund $4,891.97; (6) Workers Comp Fund $22,065.70; (7) Payroll $207,314.59; (8) City Garage Payroll $4,356.08; (9) Ambulance Payroll $9,795.43; (10) E-911 Payroll B. Approval of Claims. A. Approval of Minutes of the November 18, 2002 Special Meeting and the November 19, 2002 Regular Meeting. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A quorum was declared present. STAFF Rodney 1. Ray, City Manager Marcia Boutwell, City Clerk Stephen P. Gray, City Attorney ABSENT Rebecca Armstrong, Councilor - 12/4 PRESENT Michael Helm, Mayor - 16/0 Gary Cochran, Vice Mayor - 16/0 Susan Kimball, Councilor - 16/0 ITEM 4: ROLL CALL Vice Mayor Cochran led in the flag salute. ITEM 3: FLAG SALUTE The invocation was offered by Pastor Steve Baggett, Central Baptist Church at called the to 1: The Owasso City Council met in regular session on Tuesday, December 3, 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 Wednesday, November 2002. OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 3, 2002 ",2- Motion calTied 3-0. AYE: Kimball, Cochran, Helm NAY: None Mr. Moore said that Owasso Land Trust has requested annexation of 1.0S acres at the southeast comer of E 103rd St N and the U.S. Highway 169 off ramp, in order to enlarge an existing commercial and/or office parcel. The Annexation Committee and Planning Commission have recommended approval of the requested annexation. Ms. Kimball moved, seconded by Mr. Cochran, to approve the annexation. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ANNEXATION OF A 1.08-ACRE TRACT OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST l03RD STREET NORTH AND US. HIGHWAY 169 SERVICE ROAD (WARD 1). ITEM 7: Motion calTied 3-0. AYE: Kimball, Cochran, Helm NAY: None Mr. Moore presented the item. The City has received a request from Owasso Land Trust LLC for the annexation of approximately 15.03 acres south ofE 116th St N and east ofN Garnett Rd. The applicant plans to rezone the property and construct single family homes, The requested annexation has been approved by the Annexation Committee and Planning Commission. Mr. Cochran moved, seconded by Ms. Kimball, to approve the requested annexation. FOR_ ANNEXATION OF __15.03-ACRE TRACT .QF LAND, GgNERALLY LOCATED WITHIN THE EAST 116TH STREET NORTH RIGHT-OF-WAY AND SOUTH OF EAST 116 TIc! STREET NORTH, APPROXIMATELY 1700 FEET EAST OF THE INTERSECTION OF EAST 116TH STREET NORTH AND NORTH GARNETT ROAD (WARD 1 ). Motion calTied 3~>O, AYE: Kimball, Cochran, Helm None $2,727/02; (8) Workers Comp Payroll $1,626.00, Ms. Kimball moved, seconded by Mr. Cochran, to approve the consent agenda. Owasso City Council December 3, 2002 ~ 3 - None. ITEM 12: NEW BUSINESS. Mayor Helm introduced State Senator Randy Brogdon, and invited everyone to a reception immediately following adjournment of the OPGA meeting, to honor Senator Brogdon and the new Mayor and Vice Mayor, Michael Helm and Gmy Cochran. ITEM 11: REPORT FROM CITY COUNCILORS. No report. ITEM 10: REPORT FROM CITY ATTORNEY. Mr. Ray introduced David Warren, Parks Department Director, who presented a certificate to Parks Department employee Steve Eaton, emphasizing the character trait, Initiative. Mr. Ray then introduced the character trait for the month of December - Sensitivity. A video of a presentation on sensitivity by Sheriff Ray Nash was viewed, Mr. Ray reported that the hotel/motel sales tax is being tracked, and nearly $20,000 has been collected in four months. He said that the street overlay project has been delay by bad weather. He also reminded council and staffthat the budget process will begin in January. ITEM 9: REPORT FROM CITY MANAGER Motion carried 3-0. AYE: Kimball, Cochran, Helm NAY: None Mr. Hayes presented the item. The Cherokee Nation has some surplus funds for road improvement projects in our area, and asked the City to apply for a roadway improvement grant. The City applied for a grant in the amount of $42,000 to assist with the intersection improvement project at 86th St. N. & N. 14Sth East The grant has been approved for the full amount of the request. The Cherokee Nation has requested that three signs be placed at the location stating that the project is pmtially funded by a grant from the Cherokee Nation. They will be responsible for obtaining the signs, and the City will erect them. Kimball moved, seconded by Mr. Cochran, to accept the grant from the Cherokee Nation in the amount of $42,000, and authorize the Mayor to execute the memorandum of Agreement. TO CONSIDERATION AND APPROPRIATE ACTION RELATING ACCEPTANCE OF A GRANT FROM THE CHEROKEE NATION. ITEM 8: December 3, 2002 Owasso City Council - 4 -. Marcia Boutwell, City Clerk Michael Helm, Mayor and the meeting was adjourned at Motion canied AYE: Cochran, Kimball, Helm NAY: None Mr. Cochran moved, seconded by Ms. Kimball, to adjourn. ITEM 13: ADJOURNMENT December 3, 2002 Owasso City Council CITY OF OWASSO CLAIMS TO BE PAID 12/11/02 'lE1'rn.QR DESCRIPTION AMOUNT TREASURER PETTY CASH DEPOSIT REFUND 50.00 TREASURER PETTY CASH DEPOSIT REFUND 50.00 REFUND TOTAL ==C==-=~ TREASURER PETTY CASH REIMB PETTY CASH 6.50 MUNiCIPAL COURT DEPT TOTAL ""',,=~=~===== TREASURER PETTY CASH CITY MGR EXPENSES 147,83 COUNTRYSIDE FLOWERS & GIFTS ARRANGEMENTS 45.57 OFFICE DEPOT INC OFFICE SUPPLIES 47.44 TREASURER PETTY CASH OFFICE SUPPLIES 15.07 TREASURER PETTY CASH OFFICE SUPPLIES 35.60 SAV-ON PRINTING INC. PRINTING 68.00 OFFICE DEPOT INC OFFICE SUPPLIES 6.64 TREASURER PETTY CASH VEHICLE WASH 2.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 42.51 FUELMAN FUEL 82.17 AT&T WIRELESS SERVICES PHONE USE-RAY 152.07 TREASURER PETTY CASH MilEAGE-BOUTWELL 47.82 TREASURER PETTY CASH MilEAGE-GRIMES 10,59 AlBERTSONS COUNCil RECEPTION 117.22 CMAO CMAO DUES 240.00 THE OKLAHOMA ACADEMY MEMBERSHIP DUES-RAY 100.00 WAl-MART COMMUNITY WINTER WONDERLAND 73.41 SAV-ON PRINTING INC. PRINTING 170.00 LOWES COMPANIES INC REPAIR SUPPLIES 41.30 LOWES COMPANIES INC L1GHTS/CORDS/BUlBS 290.49 TREASURER PETTY CASH EMP RECOGNITION 5.94 MANAGERIAL DEPT TOTAL 1,741.67 OFFICE DEPOT INC OFFICE SUPPLIES 29.31 TREASURER PETTY CASH MilEAGE-BISHOP 44.90 TREASURER PETTY CASH REIMB PETTY CASH 6.50 FINANCE DEPT TOTAL 80.71 OFFICE DEPOT INC OFFICE SUPPLIES (38.46) XPEDX COPY PAPER 243.00 EXECUTIVE COFFEE SERVICES SUPPLIES 132.50 PITNEY BOWES INC POSTAGE SUPPLIES 140.78 LANDMARK BUSINESS SYSTEMS INC OFFICE SUPPLIES 40.45 IKON OFFICE SOLUTIONS CENTRAL DIST COPIER MAINT 396.60 CINTAS CORPORATION MAT SERVICES 26.00 STEPHEN P GRAY, PC ATTORNEY AT LAW LEGAL FEES 100.00 STEPHEN P GRAY, PC ATTORNEY AT LAW LEGAL FEE 30.00 JP HOGAN INSURANCE VEHICLE INSURANCE 28.00 AEP/PSO 11/02 USE 1,238.48 AEP/PSO 10102 USE 2,373.50 AEP/PSO 09102 USE 3,036.33 AEP/PSO 08/02 USE 3,138.36 VENDOR DESCRIPTION AMOUNT OKLAHOMA NATURAL GAS 11/02 USE 873.97 ROBINSON GLASS REPAIR BROKEN WINDOW 213.12 NEIGHBOR NEWSPAPER LEGAL NOTICES 909.15 WAL-MART COMMUNITY SUPPLIES 3.97 LOWES COMPANIES INC SUPPLIES 33.71 INTEGRITY FOCUS CONSULTANT FEES 625,00 AN Z SIGNS BANNERS 700.00 OFFICE DEPOT INC OFFICE SUPPLIES 22.08 ,JP HOGAN INSURANCE LIABILITY INSURANCE 71,198,89 JP HOGAN INSURANCE PROPERTY INSURANCE '17,663.0'7 TREASURER PETTY CASH NOTARY FEES 30.00 JP HOGAN INSURANCE BOND RENEWAL-MCINTIRE 30.00 OKLAHOMA CORRECTIONAL INDUSTRIES TABLE & BENCH 550.00 GENERAL GOVERNMENT DEPT TOTAL OFFICE DEPOT INC OFFICE SUPPLIES 146.46 OFFICE DEPOT INC OFFICE SUPPLIES 14.24 UNIFIRST CORPORATION UNIFORM RENTAUCLEANING 44.32 FUELMAN FUEL 141.05 BURR KANNADY MilEAGE 38,68 BURR KANNADY INSPECTION SERVICES 320.00 TULSA COUNTY MIS DIAL UP SERVICE 40,00 METROCALL AIR CORP. ACCTS 10/02 USE 28.32 BOlAY MOBILECOM INC REPAIR ESTIMATE 40.00 COMMUNITY DEVElOPMENT DEPT TOTAL OFFICE DEPOT INC OFFICE SUPPLIES 15.19 OFFICE DEPOT INC OFFICE SUPPLIES 5.69 FUElMAN FUEL 79.81 METROCAll AIR CORP, ACCTS 10/02 USE 16.49 OKLA STATE BOARD OK ENGINEERING PE LICENSE-STAGG 100.00 ENGINEERING DEPT TOTAL 217.18 TLlC WORLDWIDE INC ANTI-VIRUS SOFWARE MAINT 847.50 INFORMATION SYSTEMS DEPT TOTAL 847.50 OWASSO STAFFING TEMP STAFFING 792.48 OFFICE DEPOT INC OFFICE SUPPLIES 6.17 OFFICE DEPOT INC OFFICE SUPPLIES 8.54 IKON OFFICE SOLUTIONS COPIER MAINT 445.17 CARD CENTER REPAIR/MAl NT/OFFICE SUPPLIES 117.04 QUIKSERVICE STEEL REPAIR PARTS 107.60 SAMS CLUB SUPPLIES 38.69 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 34.95 FUELMAN FUEL 93.21 WW GRAINGER INC LIGHT BULBS 151.00 WORLEYS GREENHOUSE INC LANDSCAPING MATERIAL 107.50 REDLEEINC JANITORIAL SERVICES 123.25 LOWES COMPANIES INC SUPPLIES 19.88 LELAND BARTEL DBA CLlP-N-SNIP CITY HALL MOWING 127.28 TL CONSTRUCTION INSTALL FRENCH DRAINS 2,000.00 FLYNN'S PEST CONTROL PEST CONTROL 65.00 ~ej\jDQB DESCRIPTION AMOUNT TREASURER PETTY CASH DOC LUNCHES 26.73 AT&T WIRELESS SERVICES PHONE USE-WHITE 50.68 METROCALL AIR CORP. ACCTS 10/02 USE 115,95 EQUIPMENT ONE INC EQUIPMENT RENTALS 67.20 SUPPORT SERVICES OEPT TOTAL ~~,=== AEP/PSO 11/02 USE 15,18 AEP/PSO 10/02 USE (35.26) AEP/PSO 09/02 USE 66.48 AEP/PSO 08/02 USE 30.22 CEMETERY OEPT TOT At RAINBOW CONCRETE CO CONCRETE 2,394.00 RAINBOW CONCRETE CO STORM DRAIN PROJECT 3,465.00 MAXWELL SUPPLY OF TULSA PAVING FABRIC 10/9/02 1,770.00 L & S TRUCKING DIRT 1,400.00 OWASSO STAFFING TEMP STAFF 1,320.94 FENSCO INC PAVING FABRIC 2,175.00 BECCO CONTRACTORS ASPHAL TIC CONCRETE 10/09/02 61,613.48 RAINBOW CONCRETE CO BASE MATERIALS 10/9/02 1,449.00 HORIZON CONST CO INC EMULSION/FABRIC BINDER 10/02 1,219.40 CAPITAL PROJECTS OEPT TOTAL 76,806.82 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY03 87.50 OFFICE DEPOT INC OFFICE SUPPLIES 51.04 WAL-MART COMMUNITY PRINTER CARTRIDGES 69.91 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 29.99 COLE INFORMATION SERVICES NETWORK UPGRADE 95.11 WAL-MART COMMUNITY KEYS/BATTERIES/DESK LAMP 183.92 PATROL TECHNOLOGY UNIFORM GEAR/BADGES 391.00 APERTURES INC BATTERY PACK 87.59 SAMS CLUB SUPPLIES 38.31 PATROL TECHNOLOGY NAME PLATES 199.50 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 3,647.62 FUELMAN FUEL 1,814.15 HOWARD STAMPER RETAINER 150.00 INTEGRIS HEALTH PHYSICAL 300.00 KEN CLANEY EVALUATIONS 88.00 CANINE UNLIMITED, INC CANINE TRAINING/EQUIPMENT 1,490.00 AEP/PSO 11/02 USE 920.28 AEP/PSO 10/02 USE 1,703.76 AEP/PSO 09/02 USE 2,145.99 AEP/PSO 08/02 USE 1,844.01 OKLAHOMA NATURAL GAS 11/02 USE 440.43 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 22.75 YALE CLEANERS UNIFORM CLEANING 1,490.18 METROCALL AIR CORP. ACCTS 10/02 USE 99.12 AT&T WIRELESS SERVICES CELL PHONE USE-YANCEY 109.95 US CELLULAR PHONE USE.GREENE 34.80 US CELLULAR PHONE USE-OTHERS 251.62 IACP MEMBERSHIP DUES-GREENE 300.00 RAY ALLEN K-9 VEHICLE EQUIPMENT 2,000.50 v_eJ~.OO.R DESCRIPTION AMOUNT POLICE SERVICES DEPT TOTAL 20,087.03 WAL-MART COMMUNITY PRISONER MEALS 72,10 METROCALL AIR CORP. ACCTS 10/02 USE 7,08 PRIORITY DISPATCH DISPATCHER TRAINING 590.00 POLICE COMMUNICATiONS DEPT TOTAL WAL~MART COMMUNITY SHELTER SUPPLIES 128.74 THOMPSON'S GENERAL STORE SHELTER SUPPliES 231,35 SOUTHERN AGRICULTURE LEASHES 63.96 SAMS CLUB SUPPLIES 235.58 FUELMAN FUEL 28.25 RAINBOW CONCRETE CO CONCRETE-DOG KENNELS 200.13 AEP/PSO 11102 USE 216.96 AEP/PSO '10/02 USE 173.26 AEP/PSO 09/02 USE 240.34 AEP/PSO 08/02 USE 367.53 METROCALL AIR CORP. ACCTS 10/02 USE 7.08 ANIMAL CONTROL DEPT TOTAL '1,893.18 OFFICE DEPOT INC OFFICE SUPPLIES 60.03 WAL-MART COMMUNITY MAINT SUPPLIES 145.65 LOWES COMPANIES INC MAINT SUPPLIES 243.54 WAYEST SAFETY INC FIREFIGHTER HELMETS 902.25 GALL'S INC UNIFORM SHOES-SALTS 52.99 OKLHOMA POLICE SUPPLY UNIFORMS 1,004.20 CLASSIC CHEVROLET VEHICLE REPAIR 241.34 CROW BURLINGAME REPAIR/MAINT SUPPLIES 50.73 WAL-MART COMMUNITY SUPPLIES 17.46 FUELMAN FUEL 737.57 AEP/PSO 11/02 USE 435.72 AEP/PSO 11/02 USE 63.79 AEP/PSO 10/02. USE 951.55 AEP/PSO 09/02 USE 1,069.94 AEP/PSO 08/02 USE 1,947.81 OKLAHOMA NATURAL GAS 11/02 USE 545.20 LOWES COMPANIES INC MAINT SUPPLIES (30.00) 8MI SYSTEMS OF TULSA COPIER MAINT/SUPPLlES 172.87 OK ASSN OF CHIEFS OF POLICE TEST MATERIALS 90.76 METROCALL AIR CORP. ACCTS 10/02 USE 2.04 FIRE SERVICE TRAINING OKLAHOMA TRAINING-STUCKEY 65.00 THE DEATHERAGE COMPANIES TRAINING-SALTS 200.00 FIRE SERVICES DEPT TOTAL 8,970.44 AEP/PSO 10/02 USE 63.79 AEP/PSO 09/02 USE 63.79 AEP/PSO 08/02 USE 63.75 EMERGENCY PREPAREDNESS DEPT TOTAL 191.33 TRUGREEN CHEMLAWN , CHEMICALS 450.00 WAL-MART COMMUNITY OFFICE/MAl NT SUPPLIES 40.14 APAC-OKLAHOMA INC ROCK/ASPHALT 73.66 YENDOR DESCRIPTION AMOUNT L & S TRUCKING SAND 240.00 FARM PLAN REPAIR/MAl NT SUPPLIES 26.27 CROW BURLINGAME REPAIR/MAINT SUPPLIES 43.49 MILL CREEK LUMBER & SUPPLY REPAIR/MAINT SUPPLIES 430.1"' SUPERIOR READY MIX CONCRETE 162,00 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 53,33 FARM PLAN OVERALLS/COATS/BOOTS 570.12 TULSA COUNTY BOCC STREET SIGNS EVANGELINE SPEC SIGN BRACf(ETS 1,908.85 ALL WHEEL DRIVE REPAIR PARTS 416.92 TREASURER PETTY CASH VEHICLE WASH 25,00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 1,263.13 FUELMAN FUEL 589.77 FARM PLAN REPAIR/MAINT SUPPLIES 29.79 AEP/PSO 11/02 USE 728,11 AEP/PSO 10/02 USE 738.88 AEP/PSO 09/02 USE 725.38 AEP/PSO 08/02 USE 670.07 AEP/PSO STREET LIGHTING 2,962.30 METROCALL AIR CORP. ACCTS 10/02 USE 44.70 EQUIPMENT ONE INC RENTALS 35.84 US CELLULAR CELL PHONE USE 30.63 TREASURER PETTY CASH CDL LICENSES 128.00 OCT EQUIPMENT BACKHOE 9/17/02 52,178.63 STREETS DEPT TOTAL 61,180.10 LOWES COMPANIES INC MAINT SUPPLIES 6.51 FARM PLAN WINTER WONDERLAND 62.56 WAL-MART COMMUNITY WINTER WONDERLAND 26.53 CINDY SIGNS SIGN 60.00 PATS RAINBOW OF RIBBON WINTER WONDERLAND 150.00 LOWES COMPANIES INC SUPPLIES 11.91 UNIFIRST CORPORATION UNIFORM RENTAUCLEANING 56.71 TREASURER PETTY CASH FUEL 5.00 FUELMAN FUEL 134.13 LOWES COMPANIES INC SANDER 93.66 LOWES COMPANIES INC ELECTRIC METER 53.87 ADT SECURITY SERVICES INC SECURITY SERVICE 36.93 AEP/PSO 11/02 USE 631.58 AEP/PSO 10/02 USE 1,352.64 AEP/PSO 09/02 USE 1,118.43 AEP/PSO 08/02 USE 2,750.25 OKLAHOMA NATURAL GAS 11/02 USE 635.03 METROCALL AIR CORP. ACCTS 10/02 USE 28.32 PARKS DEPT TOTAL 7,214.06 OFFICE DEPOT INC OFFICE SUPPLIES 123.49 FUELMAN FUEL 20.16 AT&T WIRELESS SERVICES CELL PHONE USE-SR VAN 17.50 AT&T WIRELESS SERVICES, CELL PHONE USE-SR VAN 13.90 T A YLORMADE LOCK & KEY LOCKS/KEYS 137.50 WAL-MART COMMUNITY MAINT SUPPLIES 165.50 YENO.-O.R DESCRIPTION AMOUNT AEP/PSO 11/02 USE 364.96 AEP/PSO 10/02 USE 1,016.01 AEP/PSO 09/02 USE 1,566.32 AEP/PSO 08/02 USE 2,683.74 OKLAHOMA NATURAL GAS 11/02 USE 736.20 COMMUNITY CENTER DEPT TOTAL FUELMAN FUEL 20.28 AT&T WIRELESS SERVICES PHONE USE..HA YES 101.38 ECONOMiC DEVELOPMENT DEPT TOTAL GENERAL FUND TOTAL ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 989.37 ACCURATE FIRE EQUIPMENT INC OXYGEN BOTTLE TESTING 125.00 PACE PRODUCTS OF TULSA INC AMBULANCE SUPPLIES 166.00 MEDICAL COMPLIANCE SPECIALITY INC BIO-WASTE DISPOSAL 90.00 JEFFERY GALLES DO EMS AUDITS 250.00 MEDICLAIMS INC MONTHLY SERVICE CHARGE 3,240.33 OEMTA DAVID VAN NOSTRAND SECRETARY TRAINING-WOFFORD 160.00 BEST WESTERN LODGING-WOFFORD 130.00 AMBULANCE SERVICE FUND TOTAL SOUTHWESTERN BELL E-911 2,034.76 E-911 FUND TOTAL 2,034.76 MONTGOMERY WATSON AMERICAS INC WATER MASTER PLAN EXPANSION 9,505.50 CAPITAL IMPROVEMENTS FUND TOTAL 9,505.50 INCOG MANAGEMENT ASSISTANCE 183.30 CAPITAL PROJECTS GRANTS FUND TOTAL 183.30 FREDERICK, SOMMERS & WESTERN DIRECTIONAL SIGNAGE 2,840.00 BOND PROJECTS FUND TOTAL 2,840.00 OFFICE DEPOT INC OFFICE SUPPLIES 17.08 TREASURER PETTY CASH REPAIR SUPPLIES 21.61 FUELMAN FUEL 31.75 FORD OF TULSA REPAIR PARTS 471.80 FORD OF TULSA REPAIR PARTS 187.42 WILLIAMS REFUSE EQUIPMENT REPAIR PARTS 395.88 AMERICAN HOSE & SUPPLY REPAIR PARTS 88.20 FORD OF TULSA REPAIR PARTS 600.00 MOTOROLA, INC RADIO PARTS 360.49 MILL CREEK LUMBER & SUPPLY REPAIR SUPPLIES 132.57 CROW BURLINGAME REPAIR PARTS 28.75 LENOX WRECKER SERVICE INC TOWING CHARGES 80.46 LOWES COMPANIES INC REPAIR/MAINT SUPPLIES 59.94 OK TRUCK SUPPLY INC REPAIR PARTS 97.36 OK TRUCK SUPPLY INC REPAIR PARTS 70.87 FRICTION PRODUCTS BRAKE REBUILDERS VEHICLE REPAIR 27.50 ENLOW TRACTOR INC REPAIR PARTS 201.82 354,190.96 GRAND TOTAL 39.75 62.24 143.46 91.14 48.10 215.13 168.36 269.46 48.10 302.12 221.70 85.79 177.14 392.22 5,925.21 28.60 33.75 115.31 45.57 281.53 15,671.38 89.82 30.38 15.58 221.21 687.50 474.00 25,884.55 MEDICAL REVIEWS MEDICAL REVIEWS S07082 B07292 B08032 B09082 005242 J09082 M09102 008122 P09082 R08292 T08172 T08242 S07082 J06172 S07082 B07292 008122 J06172 S07082 S07082 T08242 P10062 S07082 SETTLEMENT-TED SMITH 1/13/99 SETTLEMENT-H04262 WORKERS' COMP SELF-IN FUND TOTAL REPAIR PARTS BORE FOR DRAINS 11/02 USE 10/02 USE 09/02 USE 08/02 USE 11/02 USE 10/02 USE CITY GARAGE FUND TOTAL 259.87 1,254.00 283.98 317.51 421.92 679.73 388.35 14,14 AMOUNT DESCRIPTION PPO SOLUTIONS PPO SOLUTIONS MAYS DRUG WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH CENTRAL STATES ORTHOPEDIC MAYS DRUG MAYS DRUG WORKMED OCCUPATIONAL HEALTH WORKMED OCCUPATIONAL HEALTH NEO NEUROSURGERY, PC ORTHOPEDIC HOSPITAL OF OK ORTHOPEDIC HOSPITAL OF OK TULSA BONE & JOINT ASSOC RADIOLOGY CONSULTANTS OF TULSA NEUROLOGICAL SURGERY OK TAX COMMISSION SPECIAL TAX UNIT JOSEPH HARRIS O'REILLY AUTOMOTIVE INC BAKER BORING AEP/PSO AEP/PSO AEP/PSO AEP/PSO OKLAHOMA NATUF~AL GAS METROCALL AIR CORP, ACCTS :VENDOR Council Member Council Member Mayor December 17, 2002 APPROVED: Police Animal Control 60.54 1,791.95 Streets 474.97 13,677.69 11/30/02 CITY OF OW ASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE Council Member Council Member Mayor December 17, 2002 APPROVED: Worker's Camp Self-Insurance Fund T atal Expenses Emergency 911 Fund Uvertlme expenses Total Expenses CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/30/02 I. Ordinance No. 729. ATTACHMENTS: Staff recommends Council approval of Ordinance No. 729. RECOMMENDATION: Attached is a copy of Ordinance No. 729, which fOlmally adopts the City Council's action of December 3,2002. At the December 3, 2002 meeting, the Owasso City Council unanimously approved a request for the annexation of property totaling approximately 15.03 acres +/-. The subject properties are generally located within the 116111 St. N. right-of-way and along the south side of 1161h Street N. approximately 1700 feet east of the 116111 Street N. and Garnett Road intersection. BACKGROUND: December 5, 2002 DATE: NO. THE HONORABLE MEMORANDUM be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 8, 1705.93 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE N 88046'55"E ALONG SAID NORTH LINE FOR 285.39 FEET TO THE NORTHEAST CORNER OF SAID NW/4 OF NE/4 OF NW/4 OF SECTION 8, SAID POINT BEING THE POINT OF TERMINATION, CONTAINING 0.03 ACRES MORE OR LESS; A STRIP, PIECE OR PARCEL OF LAND, 5.00 FEET WIDE, SITUATED IN THE NORTHWEST QUARTER (NW/4) OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 8, AND THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB.M., TULSA COUNTY, OKLAHOMA, SAID STRIP BEING 2.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: NE/4 NE/4 NW/4 AND N/2 SE/4 SE/4 NW/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES MORE OR LESS; AND Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., ofthe Oklahoma Statutes, and more particularly described as follows, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, WHEREAS, on the 3rd day of December, 2002, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., ofthe Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on December 3, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, PURSUANT TO THE PROVISIONS OF Title 11, Section n.l03, et seq., of the Oklahoma Statutes, the City of Owasso is pem1itted to armex additional te!11tory providing a petition in wdting, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OW ASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRlTORY IN SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICTION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRlTORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURlSDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. CITY OF OW ASSO ORDINANCE NO. 729 Attorney Stephen P. Gray, APPROVED AS TO FORM: Michael Helm, Mayor Marcia Boutwell, City Clerk of Oklahoma ATTEST: 2002. PASSED AND APPROVED this 17th Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of tIns Ordinance, together with an accurate map of the territory hereby annexed, Section 2. That from and after the passage and publication ofthis Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Oklahoma, and the corporate limits thereof be and are hereby extend~d to include the above described territory and real estate. 1. Ordinance No. 730. ATTACHMENTS: Staff recommends Council approval of Ordinance No. 730. RECOMMENDATION: Attached is a copy of Ordinance No. 730, which formally adopts the City Council's action of December 3, 2002. At the December 3, 2002 meeting, the Owasso City Council unanimously approved a request for the annexation of property totaling approximately 1.08 acres +/-. The subject property is generally located at the southeast comer of the E. l03rd Street N. and State Highway 169 Service Road. BACKGROUND: December 5, 2002 DATE: AND THE HONORABLE MEMORANDUM A STRIP, PIECE OR PARCEL OF LAND 50 FEET WIDE, FORMERLY KNOWN AS NORTH 135TH E, AVENUE, SITUATED IN THE NE/4 OF THE SE/4 OF THE NW/4 OF AND COMMENCING AT THE SE CORNER OF SAID SW/4 NE/4 SE/4 NW/4; THENCE NO 01 18'41" W ALONG THE EAST LINE OF SAID SW/4 NE/4 SE/4 NW/4 AND THE CENTERLINE OF N. 135TH E. AVE., A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 010 18'41"W ALONG SAID EAST LINE AND THE CENTERLINE OF N. 135TH E. AVE., A DISTANCE OF 305.46 FEET TO THE NE CORNER OF SAID SW/4 NE/4 SE/4 NW/4; THENCE So 8840'52" W ALONG THE NORTH LINE OF SAID SW/4 NE/4 SE/4 NW/4 A DISTANCE OF 28.67 FEET; THENCE So 23 15'45" W A DISTANCE OF 335.84 FEET TO A PONT 25.00 FEET NORTH OF THE SOUTH LINE OF SAID SW/4 NE/4 SE/4 NW/4; THENCE W 88 40'07" E AND 25.00 FEET PARALLEL TO SAID SOUTH LINE A DISTANCE OF 168.40 FEET TO SAID POINT OF BEGINNING, CONTAINING 0.69 ACRES, MORE OR LESS; A STRIP, PIECE OR PARCEL OF LAND LYING IN PART OF THE SW/4 NE/4 SE/4 NW/4 OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, IN TULSA COUNTY, OKLAHOMA, SAID PARCEL OF LAND BEING DESCRlBED BY METES AND BOUNDS AS FOLLOWS: Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Cmmcil in accordance with the provisions of Title 11, Section 21-103, et seq., ofthe Oklahoma Statutes, and more particularly described as follows, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, WHEREAS, on the 3rd day of December, 2002, said Petition was duly considered by the City Council and was detennined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on December 3, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, PURSUANT TO THE PROVISIONS OF Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to am1eX additional territory providing a petition in writing, signed by not less than three-fourths ofthe legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be aJmexed and added to the City of Owasso is submitted; and AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAlD TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLM:IOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FLLING OF THIS ORDINANCE. CITY OF OW ASSO ORDINANCE NO. 730 Stephen P. Gray, City Attorney APPROVED AS TO FORM: Michael Helm, Mayor Marcia Boutwell, City Clerk City of Owasso, Oklahoma ATTEST: ' PASSED AND APPROVED this l7'h day of December, 2002. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. Section 2. That from and after the passage and publication oftrus Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described teuitory and real estate, A PART OF THE NORTH HALF (N/2) OF THE NORTHEAST QUA."T{TER (NE/4) OF THE SOUTHEAST QUAlUER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE LB.M, TUl,SA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINN1NG AT A POINT ON THE SOUTH LINE OF THE NE/4 OF SAID NE/4 OF SE/4 OF NW/4, 25.00 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE So 88 40'58" W ALONG THE SOUTH LINE OF SAID N/2 OF NE/4 OF SE/4 OF NW/4 FOR 53.65 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 169; THENCE N 23015'45" E ALONG SAID RIGHT OF WAY FOR 47.08 FEET; THENCE S 660 43'36" E FOR 37.47 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST 103RD STREET NORTH AS RECORDED IN BOOK 6473 AT PAGE 2560; THENCE S 1 18'41" E FOR 27.22 FEET TO THE POINT OF BEGINNING, CONTAIN1NG 0.04 ACRES, MORE OR LESS; AND SECTION 16, TONWSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, 25 FEET ON EITHER SIDE OF A CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 25.00 FEET NORTHERLY OF THE SOUTHEAST CORNER aT THE SW/4 OF SAID NE/4 OF SE/4 OF NW/4, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF EAST 103RD ST. NORTH; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SW/4 FOR 305.46 FEET TO A POINT OF TERMINATION, CONTAINGIN 0,35 ACRES MORE OR LESS; Staff recommends that the City Council approve a budget supplement in the Capital Projects Grant Fund increasing grant revenues and street improvement expenditures by $42,000. RECOMMENDATION: Grants for capital improvements are accounted for in the Capital Projects Grant Fund (Fund 46). A budget supplement would include an increase in revenue from grants (46-.000-43301) of $42,000 and an increase in expenditures for street improvements (46-300-54210) of $42,000. On December 3, the City Council accepted a grant from the Cherokee Nation in the amount of $42,000 to be used for the E 86th Street North and North 14jth E. Ave, intersection project. A budget supplement is needed in order to utilize those funds. BACKGROUND: 2002 December DATE: SHERRY BISHOP FINANCE DIRECTOR FROM: HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: E MEMORANDUM The proposed change is two-fold. The first change, which would occur on all future zoned or rezoned commercial property, would permit mini-storage units in CS, CG, and CH districts by Special Exception only. The second change would allow a two-year window on all property that is currently zoned commercial for the current regulations to apply. In short, the Special Exception requirement would not go into effect on all property that is currently zoned CG or CH until two years from the date of publication of the ordinance. The staff believes a change in the zoning code that would require the Board of Adjustment to approve mini-storage units by Special Exception in all commercial districts is appropriate. It would allow the City to review each proposal on a case-by-case basis, consider the development trends of the area, the future development potential of the subject and surrounding property, and allow for public input on a process that is currently restricted in two of the three commercial zoning code classifications. PROPOSED CHANGE TO THE REGULATIONS: The City of Owasso currently permits mini-storage units in CG (Commercial General) and CH (Commercial High Intensity) districts outright, while it requires approval from the Board of Adjustment by means of a Special Exception in a CS (Commercial Shopping Center) district. It appears that at the time of establishing the zoning code, mini-storage units were not as widely popular as they are today for the consumer, nor was there any thought given to the amount of growth that the City of Owasso would experience. BACKGROUND: December 11, 2002 DATE: AMENDMENT REQUIRE COMMERCIAL DISTRICTS TO OBTAIN FROM THE BOARD OF ADJUSTMENT THE HONORABLE MEMORANDUM The staff recommends Council approval of a text amendment to the Owasso Zoning Code, Section 610 to permit mini-storage units in CS, CG, and CH Districts by Special Exception only. If approved, the staff would present an ordinance reflecting such change to the City Council on the consent agenda of the next council meeting. RECOMMENDATION: The Planning Commission considered the proposed amendment in a slightly different form in June, and unanimously recommended City Council approval of the change in the zoning text. PLANNING COMMISSION: The integrity of established commercial neighborhoods could also be impacted by the development of mini-storage units. Further, the ambiance and desirability of residential neighborhoods could be impacted by an adjacent mini-storage use. In some cases, they could provide a suitable buffer between residential and commercial propelties. In other cases, mini-storage units could supply a service to an area that has a demand for storage space. Under the proposed change, the Board of Adjustment would have the ability to make sure that the demand for mini-storage uses could be accommodated when appropriate while protecting the business districts (and adjacent residential areas) that might house the mini-storage'uses. Typically, there is minimal supervision of the types of equipment and materials stored in mini- storage units. Furniture, lawn maintenance equipment, chemicals, and all manners of other household items are placed in the facilities. The storage of such a wide array of things would be an appropriate use of industrial land, but might be inappropriate or even hazardous in some commercial areas. The possibility of potentially valuable sales tax generating property being occupied by mini-storage units is not desirable. Many major intersections in are zoned or These districts are designed to accommodate a wide variety of commercial uses such as retail, lodging, dining, and others. Uses such as these constitute a major economic impact in the community. The staff finds that the location of mini-storage units in commercial areas should be considered on a case by case basis so that the potential affect on the city's sales tax base might be taken into account. The staff finds various reasons to consider the Board of Adjustment review for all mini-storage developments in commercial districts. REASONS FOR THE PROPOSED CHANGE: MINI -STORAGE TEXT AMENDMENT DECEMBER II, 2002 PAGE 2 Staff understands the impact that an ordinance such as this may have on the City, however staff has made every effOlt to incorporate the changes requested by each and every individual who has provided comments. Staff has visited with several area community leaders, businesses and citizens concerning the proposed amendment. And, although staff and area leaders or residents Although there are a number of varying businesses within the City of Owasso, staff has made a good-faith effort to accommodate the different needs of those businesses. However, staff also understands that in a City such as Owasso, with its rapid growth, certain restrictions are necessary to ensure that the growth that does occur is controlled by the City and not vice versa. ACCOMODATIONS FOR THE CONCERNS OF THE COMMUNITY: Staff has fielded several complaints from citizens concerning the existing code and has noted a high level of inconsistency with the code's fOlmat. Given the difficulties in the interpretation of the rules by staff and area businesses, staff felt that an update was in order. Difficulty in interpreting the code by staff leads to an inconsistent level of enforcement, thereby leaving local businesses with the impression that a particular sign may be allowed when in fact, it may not. DIFFICULTIES WITH FORMAT OF EXISTING CODE: The Community Development Department is proposing to replace the existing sign ordinance with an updated code in an effort to protect the local business environment. The sign code not only controls the location, size and type of signs allowed within the City, but also how those signs relate aesthetically to the City as a whole. Staff feels that by clarifying the code with a new format, a level playing field will be created which will help local businesses flourish. A copy of the existing and proposed sign code are included with your packet. BACKGROUND: December 10, 2002 DATE: THE HONORABLE MEMORANDUM If the request is approved, an ordinance will be presented at the January 7, 2002 City Council meeting formally adopting the approval. Staff advertised the amendment in the November 14, 2002 edition ofthe Owasso Reporter. Staff has received no phone calls or correspondence concerning the amendment after legal publication. The City of Owasso Planning Commission heard the staff initiated request at the December 9, 2002 regular meeting. The Planning Commission unanimously recommended approval of the request subject to the condition that staff incorporates the changes requested by the City Attorney, Stephen Gray. The requested changes are akin to scrivener's errors and are considered minor in nature. A copy of this letter is attached for your review. PLANNING COMMISSION: As mentioned above, City Council also requested that non-commercial flags be permitted without the normal permitting fees. Non-commercial flags are governed by Section 17.5 - SIGNS NOT REQUIRING PERMITS and will not require either a permit or a fee. 1. Said banners must be permitted by the City Planner and must contain a site plan indicating the location of said banner. Said banners must accompany a permanent ground, pole or wall sign. 3, The requested time period for the banner must be listed on the application and may be modified by the City Planner. 4. Said banners shall be limited to one (1) banner per location. 5. Said banners must be attached to the primary building and not free standing, when applicable. Patticular to City Council's request, language prohibiting commercial banners has been removed entirely from the proposed code, Commercial banners, under the proposal, would be allowed subject to the following conditions: November 2002 the City Council reviewed the proposed sign ordinance at their regularly scheduled work session. City Council instructed staff to consider accommodating commercial banners and waiving the permitting requirements for non-corporate flags. In addition to providing a more "user-friendly" format, several sections of the existing code have been modified either by new language, the rewording of some language and/or the exclusion of wording entirely. may not always agree on every issue, staff has encouraged each individual to provide comments at the various public hearings throughout the process, 3, from Amendment Legal Notice. L Staff recommends approval of a text amendment to the Owasso Zoning Code, repealing Appendix F, Owasso Sign Ordinance and replacing it with Chapter 17, Owasso Sign Code. RECOMMENDATION: B. Awninqs. Any structure made of cloth or metal with a metal frame attached to a building and projecting over publ~c property when so erected to permit its being lowered to a pOB~tion over public property and to permit its ~eing raised to a position flat against building when not in use. A. Area Marker. A sign which designates or identifies a subdivision or development. Section II. DEFINITIONS. Definitions of terms as used in this article, unless the context. otherwise requires, shall be as follows: SectLon I. PURPOSE. The purpose of this article is to regulate signs, bulletin boardE! and other advertising devices in the city; to regulate or prohibit such dev~ces in zoning districts; to control location, size, number, illumination and construction where these devices are permitted; and to regulate certain works of art in the city. This sign ordinance also intends to promote traffic safety by reducing accidents on public ways, eliminate distractions to driverso eLiminate obstructions of vision at curves and other traffic hazard areas; promote the convenience and enjoyment of public travel; 'promote the protection of pedestrians, preserve property values; promote the establishment of high quality business and commercial districts; promote the attraction of tourists and visitors to the community; eliminate obstructions to vision and diversions of motorists' att:ention by such devices; facilitate safety of travel; preserve and improve physical environments; all of which are for the purpose of promoting the general welfare. This sign ordinance permits only those signs essential for the conduct of business and is intended to prevent needless clutter in appearance within the city by signa unreasonable in number 8' location, area and i 11 um~na tion 0 NOWo THEREFORE v BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSOp OKLAHOMA. ~~. AN ORDIN . ., . t f'fto'-Jm~ ~ ETTINC OUT ~ PURPOSES OF THE: O:J:IDfN~ ~NC DEFINITIONS RELATINC TO SHiNS AND SPECIFYINC REQYl:REMENTS FOR PE-~ ~ Nx OF SIeN ~ftHIT&t ~HH~ON'STRUCTIO~i ~~-GN~~~~ ~~Om~ING SIGNS~HG~ Fnm~'ADHINI5TMTI\YE DB~GN ~~~~,~~~~~~~~ GRDIN1l1lGE NO 30:) 1.9 t\rnendcd BY onD INANOE~ NO ~ As Amended by ORDINANCE 424 CITY OF OWASSO MMJOl f-r I. ,. , 2 Sian, Flashinq. Any sign which incorporates in any manner apparent movement achieved by electrical pulsation or by other means such as sequential light phasing. .:e...J .0. fl Sign, Directional. A sign providing directions to the general pu~lic to a specific aite or address in the city. N. \to sian, Business. A sign which directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, Dr to which it is affixed. A "for sale" Dr "for rent" or "for lease" sign relating to the property, the name, address, and occupation of the occupant shall also be deemed a business sign. I Sian, Community Interest. A sign giving information of an hiBtori~ calor informational nature that does not advertise a business, profession or product. M. L. LJ K. Sign, Bulletin. A sign or board erected by a church, school, community center, public agency or institution on its premises for announcement purposes. I. Siqn. A sign includes any billboard or other device which displays or includes any letterg work, model, banner, flag, pennant, insignia, propeller balloon, device or representation used as, or which is in the nature of an advertisement or announcement or which directs attention to an object, product, place, activity, person institution, organization, or business; but the term shall not include display of official notice, nor flagp pennant, emblem or insignia of any nation Dr group of nations, or of any state or political unit. J. ~iqnH Advertisin~. A sign which directs the attention of the public to any goods, merchandise, property (real or personal), business, service, entertainment or amusement conducted, produced, bought or soldp furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed. H. Professional Nameplat~. A sign which !'Jtates the narne and occupation or profession of the person occupying the premises where the sign is located, at or (1200") at tha:t which w.Ul not bJO hundred continue to burn or a Fahrenheit and will G. F. ~. A roof~like stru.cture of a permanent nature which ects from the wall of a bu.ilding and may a way. able may be a E. 1!:1;:9nt Foota~e.. The lot frontage on which the sign is loca.ted. D. Establishment. A place of business which has a separate identity, separate entrances, and separate records and books of its business transactions. C. Canopy. A roof~like structure of a permanent nature which projects over a public way. 3 BE. Work of Art. The term ."work of art" ahall apply to all mural paintings or decorations, inscriptions, mosaic, painted glass and similar art forme of a permanent character intended for permanent or cOll}lUemoration that are applied to, erected or placed upon the exterior walls of any building. For the purpose of this ordinance, a "work(s) of art", whether singular or in aggregate, shall be deemed to exist when its size exceeds sixteen (16) square feet or exceeds the maximum area for a wall sign allowed in the applicable zoning district, whichever is larger. For the purpose of this ordinance, a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. M. Wall. The exterior surface ofa building or structure. For purposes of this ordinance, other than size limitations, wall shall be determined to include mansard-type or sloped roof structures. Y. SiGn, Temporary. A sign, banner, valance, advertising display or special flag used for commercial or political promotion and constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be dis- played for a specified short period of time only. z. SiGn, Wall. A sign painted, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall. x. SiGn, Structure. The supports, uprights, bracing and framework for a sign or outdoor display. W. Sign. Roof. A sign erected upon or above a roof or parapet of a building which extends above the highest point of the building. V. Sign,~Projecting. A sign other than a wall or ground sign suspended from or supported by a building and projecting out therefrom. "projection" means the distance by which a sign extends over public property or beyond the building line. U. ~gn. Political. A sign which makes known the name of and informa- tion about a person running for an office or any other information concerning a political campaign or election issue of any nature. T, Sign, Moving. Any sign, or of a sign, whether illuminated or unilluminatedu that does not remain stationary at all times regard~ les8 of power source which affects movement. used to advertise an establishment or to trucksd automobileso trailers or to 8u:pport or l3uch eione while Business !1J are on or other vehicles used !:L artificial any source Sign,~. Any sign designed to lighto or designed to reflect such light which is intended to cause such lioht or R. P. Sign, Ground/Pole Mounted. A sign which is supported by one or more poles, uprights or braces in the ground having a minimum ground clearance of eight (8) feet, and which is not a part of a building. Q, Si~n, Ground/Surface Mounted. A sign which is mounted flush with the ground or is supported by one or more poles, uprights, or braces in the ground, rising not higher than four 4) feet above the adjoining ground leveld and which is not a of a building, 4 -0" Real estate signs not exceeding eight (8) square feet in area which advertise only the sale, rental or lease of the premises upon which such signs are located. Provided, however, if the property is commercial or industrial and has a frontage that exceeds 100 feet, then the size of the sign may be enlarged eight (8) square feet for each additional one hundred (100) feet or portion thereof, but not to exceed sixty-four (64) square feet in area. f ! l.; ~.J 1. , I , If a permit is requested for signs in different categories as out- lined above, whether for one or more businesses, the full cost for the permit in each category shall be charged. Exemptions. A permit shall not be required for the following listed signs$ These exemptions, however, shall apply only to the requirement for a permit and shall not be construed as relieving the owner of such sign from the responsibility for its erection and maintenance in a safe condition. c. , , A single permit will be issued for multiple wall signa erected under provisions of this ordinance as long as the permit may be issued for the sign at the same time. The cost of such permit shall be ten dollars ($10.00). 3. Wall roof sign, marquee (non~Edectrical). . . ,. 10.00 4. Ground sign/pole or surface mounted (ncm~electrical), . 12.50 Any applicant requesting a permit to install a sign with either internal or external lighting will be required to purchase an electric permit in addition to the above fee schedule. 5.00 0'llID0!>>l!>0@@@<0<!>>/'J Work of Art . . 2. B. Permit Fee~. Every applicant before being granted a permit here~ under shall pay to the Building Inspector the following permit fee for each sign or "work of art" regulated by this article. 1. Advertieingu awningu or temporary sign (m:m~electrical).$ 5.00 A. Permit Regyired. Except as provided in paragraph "C" of this sectionu no sign or "work of art" shall hereafter be erected, constructed, or altered except as provided by this article and until a permit has been issued by the city Building Inspector. Application for a sign ~ "work of art" permit shall be made in writing upon fornu~ furnished by the City Building Inspector and shall include such information as he may require for a complete understanding of the proposed work. A permit shall not be issued until a certificate of public liability insurance in the mmount of one hundred thousand dollars ($100,000) and a certificate of employer'a liability and worker's insurance in an mnount that is in conformity with the of the laws of the state of Oklahoma has been filed and the Clerk. A double fee shall for failure to make application for a permit as The insurance requirements of this section shall be "work of art". Section III. GENERAL REQUIREMENTS. Provi1ifions relating to the general requirements of the Sign Ordinance shall be as follows: 5 E. Inspection. As soon as a sign or work of art has been erected, the permittee shall notify the Building Inspector, who shall inspect such sign or work of art and approve the same if it is in compliance with the provisions of this article. The Building Inspector may, from time to time as he deems necessary, inspect all signs or other advertising structures or works of art regulated by this ordinance, for the purpose of ascertaining whether it is secure or whether it is in need of removal or repair. D. Permit Revocable. All rights and privileges acquired under the provisions of this article, or any amendment thereto, are mere licenses revocable by the Building Inspector for violation of the provisions of this ordinance and all such permits shall contain a statement of this limitation. 10. Polit.ical signe not exceeding sixteen (16) square feet in area, which make known the name of and information concerning a political campaign of any nature, provided t.hat such signa shall not be placed or erected 800ner than six (6) weeks before the applicable election or campaign and shall be removed no later than two (2) weeks after the general elect.ion, that no political sign shall be placed in or on the public right-of~way, that no political sign shall be placed or erect.ed in or on any private property without the express permission of the owner or occupant of such property. 11. Mobile signs, as permitted in Section IV, Subsection H, of thia ordinance. 9. Signa of community int.erest which are approved by the Council. a. Traffic or other munid.pal s1gns, legal noticesg railroB.d crossing s1gn8v danger, temporary or emergency signs. 7. Memorial signs or tablets&, historical markerBg names of build~ ing8 and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible mat.erials. 5. only the name and of an occupant building, public institutional building and not two (2) square feet in area. ! contract.or, s when upon si~teen (15) square feet S denot. t.he architect, inetitutionv or other relat.ed under construction and not in area. 5. 4. Bulletin boards not over twelve (12) square feet in area for public charitable or rel 8 institutions when the same are located on the premises such institutions. 3. Professional nameplates not exceeding two (2) square feet in area. 2. Directional and open house signs providing they do not. exceed two (2) square feet in area and are located on private property. ,> 6 Number, Date and Voltaqe to be on Sian or Work of Art. Every sign or other advertising structure or work of art hereafter erected B. S I ~.,; , Unsafe and Unlawful Sians or Works of Art. If the Building Inspect- or shall find that any sign or other advertising structure or work of art regulated herein is unsafe or insecure, or is a menace to the publiC, he shall give notice to the permittee or owner thereof ordering removal or alteration of the structure within three (3) days so as to comply with the standard herein set forth. Failure to comply with such order shall constitute a violation of this article. The erection or maintenance of a sign as defined in this ordinance for the purpose of evading any provision of this ordinance shall be held to be an unlawful act. If such violation is not removed or abated within ten (10) days, the Building Inspector shall cause the same to be removed and abated, and shall report the cost to the city Clerk. The cost of or removal or abatement shall be charged against the lot or part of ground fronting of such violation or the expense may be collected from the person causing such violation. il iJ ii . ~ L, A. provisions relating to the design Section IV. DESIGN REQUIREMENTS. requirements shall be as follows: J. License Required. No person, firm or corporation shall engage in the business of sign hanging or the erection of signs within the corporate limits of the city without complying with the provisions of thi~ article. There shall be an initial yearly license fee of fifty dollars ($50) for each such person, firm or corporation engaged in the business of sign hanging and the erection of signs. There shall also be a yearly license renewal fee of fifty dollars ($50). All persons engaged in the business of sign hanging and the erection of signs must obtain such a license except tho Be who are employed by contractors carrying a license. There shall be a separate license for each place of business i~ the city conducted by any person, firm or corporation. Nothing in t.his section shall prevent any person. firm or corporation from hanging or erecting any sign or signs to be used in advertising the business or merchandise offered for sale of such a person. firm or corporation, but strict compliance with the provisions of this article must be made at all times in the hanging and maintenance of such signs. I. ~cene Matter. It shall be unlawful for any person to display upon any sign or other advertising structure or work of art any obscene, indecent or immoral matter. now or hereafter which business conducted, or a thirty (30) after written taken and removed having the beneficial USB of the which such sign may be found. or upon by the owner v building or 11. G. Maintenance. All signs or works of art, together with all their support~, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this article. The appearance of the work of art shall be maintained in physical condit.ion as determined by the Building F. Alterations. A sign or work of art whi~h was erected before the adoption of this article shall not be rebuilt or relocated without conforming to the requirements set forth herein. 7 I. Movino and Flashino Sione Prohibited. No moving eigna shall be permitted in any district except for pennants used in connection witb real estate "open House" and maintained for lese than forty- eight (48) hours. No flashing signs shall be permitted in any district except those signs displaying flashing or intermittent lights, or lights of changing degrees of intensity of color except signs indicating time, temperature, barometric pressure, air pollution index or THI, but only when the sign does not constitute 3. That the mobile sign designation does not apply to business identification signe on company vehicles used in daily opera- tion of the business. Vehicles with signs cannot be parked and used as advertisements. 2. That the height on mobile signs (including trailer) be six (6) feet and that the maximum sign face be four (4) feet in height and eight (8) feet in width. H. Mobile signs may be located in zoning districts where permitted under the following conditions: 1. That mobile signa be located only on privately owned property advertising products or services on the property where the sign is located~ F. Gooseneck Reflectors. Gooseneck reflectors and lights shall be permitted only on ground signs; roof signs, wall signs, and works of art. Provided the reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. G. Spotliqht and Floodlioht Prohibited. It shall be unlawful for any person to maintain any sign or work of art which extends over public property which is wholly or partially illuminated by floodlights or spotlights. E 8kgn or this article shall be erected at the intersection of any streets such a manner as to obstruct free and clear vision; or at any location where, by reason of the intensity; position, shape or color, it may interfere with, obstruct the view, or be confused with any author- ized traffic !:lign, signal or device; or which makes use of the words "stop", "Look" u "Drive-In" p "Danger", or any word, phrase; symbol or character in such manner as to interfere with, mislead or confuse traffic. shall be B to or any kind Obstruction to Doorsg Window~L or Fi~~scapes. No erected, relocated or maintained so as to prevent fee door, window or fire escape. No s to a or fire escape. D. c. Wind Pressure Requirements. All signs and other advertising structures or works of art shall be designed and constructed to conform to the city building codes. shall have painted in a conspicuous place thereon, in letters not less than one (1) inch in height, the date of erection, the permit number, the voltage of any electrical apparatus used in connection therewith and the name and telephone number of the sign owner. ""'" ~ , J 8 Canopies must be constructed of fireproof material and under the supervision of the Building Inspector of the City. Canopies may project from such building over the sidewalk not to exceed the width of the sidewalk measured from the lot line and shall have a clearance of not less than eight (8) feet above the sidewalk and fifteen (15) feet above the drive or alley. 1. f 2. Specifications Generallv. Canopies of permanent and substantial design and fireproof construction may be erected in front of or project from any building in the City to be used as a hotel or theater, upon the terms and conditions listed below. M. 1C Nuisance: Abatement; A88EHH'lment. When any Buch condition exists as 1s referred to in Section IV(J), the Council may declare Buch a nuisance and order its removal and abatement. The Building Inspector shall give the owner or occupant of the grounds fronting thereont or the person causing a nuisance mentioned in Section IV(J), a written notice that Buch a nuisance must be removed within ten (10) days0 If Buch nuisance is not removed or abated within ten (10) days, the Building Inspector shall cause the same to be removed and abated, and shall report the coat thereof to the City Clerk. The coat of removal or abatement shall be charged against the lot or parcel or ground fronting on such nuisance or the expense may be collected from the person causing such nuisance. Construction Permit Required: Inspection of Plans. Before any person shall construct any canopy, he must exhibit to the Building Inspector a draft of the plans and specifications for the same and receive from the Building Inspector a permit 'for such construction. Before the Building Inspector shall grant the permit required by this section, he shall carefully inspect the plans of the proposed structure and satisfy himself that the same is safe and that the building from which it is to be suspended is sufficiently strong to safely carry the weight of such structures ,- L. .3. That said application be granted after the filing of a bond or insurance in a sufficient amount to protect the public and hold the city harmless from all claims and damages of any kind. nonprofit :2. That if the banners or decorations be affixed '1::0 u it be done eo after the written consent of the property owner is obtained. That the L decorations be 0:1;;" banners or charitableu J. Projection Deemed Nuisances. All canopies, ropes, networks, banners, holiday decorations, posts, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this article. Provided, that permission may be the Adju!iJtment to maintain a banner B a street for a limited period of tLme and conditions: a public safety or traffic hazard in the judgement of the Building Inspector. 9 3. Height Limitation. It shall be unlawful to erect any ground sign/pole mounted whose total height is greater than thirty (30) feet above the level of the ~treet upon which the sign faces, or above the adjoining ground level, if such ground Ie Material Required. All ground signs/pole mounted, for which a permit is required under this article, shall have a sur race or facing of noncombustible materials, or material approved by the City Building Inspectors provided, that combustible structural trim may be used thereon. Letters, etc., to be Secured. All letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This does not exclude the use of standardized, changeable lettering securely mounted on sign forms. 1 2. c. G~Q!m_~LSiqn/Pole Mounted. 1. Mater Lals . Awtlinga may be constructed or c 10th or metal. Providedg that all frames and supports shall be of metal. 2. Height Above Sidewalk. All awnings shall be constructed and erected 80 that the lowest portion thereof shall not be less than eight (B) feet above the level of the public sidewalk and fifteen (15) feet above a drive or alley. 3. Setback from Curb1ine. No awning shall be permitted to extend beyond a point two (2) feet inside the curbline. <1. Support. Every awning shall be securely attached to and supported by the building. B. }l.wninID!. 2. Premises to be Kept Free of Weeds. All area markers and the premises surrounding the same ahall be maintained by the owner or occupant thereof in a cleanu sanitary and inoffensive condition, free and clear of a11 obnoxious Bubstancesu rubbish and weeds. as to Design, material, of area markers ahall Planning commission the at o tlun: in a 1. sizs, t::he as a of t or tJHfJ si te shall be A. to construc~ Section v. CONSTRUCTIONREQ~MENTS. Provisions tion requirements shall be as follows: 4. A canopy when erected must be 80 drained as not to discharge water upon the sidewalk, nor upon streets except by a closed drain. 3. All canopies must be suspended from the building and not resting upon the sidewalk. 10 5. space between Ground/Surface Mounted and other Signs and structures. The nearest point of any ground sign/surface mounted shall be no closer than ten (10) feet to any sign, Visual Obstructione No ground sign/surface mounted located on the triangle formed by two (2) curblines at the Intersection of t'Wo (2) streets, and extending for a distance of fifty (50) feet each way from the intersection of the curblines on any corner .lot within the city, shall be permitted to exceed a height of more than thirty-six (36) inches above the road level of any street, avenue, or alley, in order that the view of the driver of a vehicle approaching a street intersection shall not be obstructed. 4. 2. Lettere, etc., to be Secured. All letters, figuresu characters, or representation in cut out or irregular form, maintained in conjunction withq attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. 3. Height Limitation. It shall be unlawful to erect any ground sign/surface mounted whose total height is greater than four (4) feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level. L Material required. All ground signs/surface mounted for which a permit is required under this article shall be constructed of materials approved by the Building Inspectorm 7. Premises to be Kept Free of Weedag etc. All ground signs/pOle mounted and the premises aurrounding the same ahall be maintained by the owner or occupant thereof in a clean 9 sanitary and inoffensive condition, free and clear of all obnoxious substances 0 rubbish and weeds. 6. Bracing, Anchorage and . All mounted shall be u and foundationsg postBD standards or Bupports designed adequately support the sign. In no case shall this section be construed to allow "A-frame" signs. mouni:ed Setback Line. shall eJ!tend No level is above the street level. If the adjoining ground level is below the street level, the total height of the sign may exceed thirty (30) feet by an amount sufficient to allow the highest point of the l3 ign to be thirty (30) feet above the street l.evel upon which the sign faces when measured on a line perpendicular to the street passing through the sign location. 4. space Beb.reen Ground/Sign pole Mounted and Ground" other Signs or structures Ground sign/pole mounted shall have an open space not less than eight (8) feet between the bottom of the sign and the ground level. The nearest point on any mounted shall be no closer than four signg building or structure unless L_ f\ ,. D. 5. 11 Roof Signs. J J G. Projection over Public property. No projecting sign shall be maintained less than eight (8) feet above the sidewalk over which it is erected. No projecting sign shall project beyond six (6) feet of the face of a building and shall not extend over any public driveway, alley or thoroughfare used for vehicular traffic, except as provided for in Section VI of the ordinance. , ! j L F. Proiection Signs. 8. Live Loads. Marquees shall be constructed in accordance with the building code. 4. Height above Sidewalk. No portion of a marquee ahall be less than eight (B) feet above the level of the sidewalk Dr fifteen (15) feet above a drive or'alley. S. Setback from Curbline. No marquee shall be permitted to extend beyond a point two (2) feet inside the curbline. 6. Bracing, Anchoring, and Supports. Marquees shall be supported solely by the building to which they are attached, and no columna or posts shall be permitted as support therefor. 7. Advertising Matter. No marquee shall display any advertising matter, except those goods and services offered for sale upon the premises or public service messages of a communitywide interest. 3. Roofs, Use. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof. 2. Drainage. The roofs of all marquees shall be constructed so as not to peL~it water to flow on any sidewalk. 1. Material Required. All marqueesg including the anchors, bolts, supports, rods and braces thereof p shall be constructed of noncombustible materials and approved by the Building Inspector. E. All. 'I::.hl0) saxne thereof in a and clean of Premises to be Kept Free of Weedsp etc. s Isurface mounted and the 1 be maintained the owner or clean, and conditionu all obnoxious substancesp rubbish and weeds. 8. 7. Bracing. Anchorage and Supports. All ground signs/surface mounted shall be securely built, constructed and erected upon foundations, posts, standardsp Dr supports designed to adequately support the sign. In no case shall this section be construed to allow "A~frame" s . 6. Setback Line. No portion of any ground sign/surface mounted shall extend beyond the property line. building or structure unless constructed entirely of noncombustible material. 12 5. Advertising Permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry or use conducted on or within the premises on which such sign is Duration of Permits. Permits for temporary signa shaLl authorize erection and maintenance of such signs fox a period not exceeding thirty (30) days. 4. . :2. proj ecting from Wall over Public Property. No temporary sign,w except one approved by the Gity Council Board of Adjustmentu shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than four (4) inches from the wall upon which it is erected, and shall not be place or project over any wall opening. Anchorage and Support. Every temporary wall sign shall be attached to the wall with wire or steel cables; no atringsF ropes, or wood slats for anchorage or support purposes ehal1 be permitted. 3. Materials and Area Limitationl:l. No temporary sign shall. exceed I:lixty (50) square feet in area. providede that if tIle sign is to be located on a tract or lot having a frontage in excess of one hundred (100) feet and is the only sign to be located on the tract, additional square footage may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred (100) feet up to a maximum of ninety (90) square feet. Provided further; that no political sign shall exceed sixteen (16) square feet in area. Provided further, that such sign in excess of sixty (60) square feet shall be made of rigid materials approved by the Building Inspector. 1. 6. Bracing, Anchorage and Supports. Every roof sign shall be thoroughly secured to the building by iron or other meta1 anchorsg boltsg supports, rods or braces. 5. Prohibited . No roof sign shall. be on the roof of any building or structure in such a manner as to prevent free pal:lsage from one part of the roof to any other part thereof or interfere with openings in the roof. All roof ehall have a height between the base of the have at least five (5) feet thereof. Between S at leaet five and the roof clearance between the 4. and l'toof. 5) feet in p and 3. Setback from Roof Edge. No roof sign over four (4) feet Ln height shall be erected or maintained with the face thereof nearer than five (5) feet to t.he c)utside wall tDward \vhich the faceEl. 2. Height and Area Limitation. No roof sign shall have a surface or facing exceeding two hundred (200) square feet nor have its highest point extend more than fifteen (15) feet above the roof level. 1. Material Required. Every roof sign, including the supports, braces and structural trim, shall-be constructed entirely of noncombustible materials. v I ) . ~j '- l..1 H. 13 Hereafter no work of art shall be applied to, erected or placed upon the exterior walls of any building within the city of owasso without first being submitted to and approved by the city Council. Tho city Council may refer the propooed work of art to the rlnoning comrnio~ion for ita roview and recommendation Planning commission. K. Work of Art. 1. No plaoards, leaflets, handbills or other similar signa shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any distriot. All persons placing such materials, and all occupants and owners of buildings upon whioh such materials are placed shall be responsible for violations hereunder. J. Plaoards, LeafletsKBandbilla P~ohibited. 5. supports and'Attachments. All wall signs shall be safely and seourely attached to the building wall. 4. Obstructions to Doors, WindOWS, or Fire Escapes. No wall sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. 3. Projection above Sidewalk and Setback Line: No wall sign shall be permitted to extend more than eighteen (18) inches beyond the building line, nor shall be attached to a wall at a height of leB~ than eight (B) feet above any public or private sidewalk or walkway. If more than one establishment is located on a tract, lot, or unified shopping center, wall signs may be placed on each business. Provided, that the total area of all wall signs on the tract, lot, or unified shopping center shall not exceed ten (10) percent of the wall to which they are attached, or one hundred fifty (150) ~quare feet, whichever is lese as provided for in Section VI B. and VI C. of this ordinance. Limitation on Placement and Area. wholly or wall enda or top of the shall exceed ten (10) percent of the wall to which it attached, or one hundred fifty (150) square feet, whichever is le!':lB. Individual letters with no background shall be measured by the minimum rectan~llar area necessary to encompass such letter or by a combination of rectangles as are necessary to encompass a letter of irregular dimensions. L Materials. All wall signs for which a permit is required under this article shall have a Burface or facing of noncombustible materialS. Provided that combustible structural trim may be used thereon. However, the surface or facing and structural trim of a wall sign which is attached to a stone, brick, or masonry wall may be of exterior grade pl~lood having a thickness of not lese than one half (~) inch. No plywood sign shall be illuminated or in any manner be I. W~ll SigQB. located except as provided in Section III C. of this ordinance. 14 Real estate signs, single or double faced, advertising "for. sale" or "for rent" or "for lease" of the premises upon which the sign is located subject to the following conditions: b. r I a. Professional or occupational nameplates not over two (2) square feet in area and showing only the name and/or address and occupation of the occupant. There shall be only one (1) nameplate for each dwelling. The nameplate shall be affixed to the principal building flat against the walL 3. Business signs unilluminated, in residential districts, subject to the following conditions: One bulletin board may be erected on each street frontage of an educational! religious, institutional, or similar uae requiring announcement of its activities provided that such institutions occupying a corner lot shall permitted no more than two (2) signs. The bulletin board shall not exceed 12 square feet in surface area nor a height of four (<4) feet above normal grade, and illumination, if any, shall be by constant, indirect lighting directed away from adjoining residential uses. No bulletin board shall be located closer than eight (8) feet from any side or rear property line, nor located closer than ten (10) feet to the front property line. A sign or bulletin board, affixed to a building, ahall not project higher than ten (IO) feet above the ground level. Buildings constructed on the property line shall be allowed one identification sign only when the sign is a flat wall sign permanently attached to the building, One corner lots, no sign shall be 80 constructed or so located that it will obstruct the view of traffic approaching street intersection. 20 320,2 Accessory Use Conditions lID Area Marker for identification of a subdivision or development are subject to approval of the c City~ 9waeea Planning Commission. A. SECTION 320 ACCESSORY USES IN THE AGRICULTURAL DISTRICTS in each are in the ions and conditions sections of the OWASSO Section VI. district are set forth below. The a districts act to all of set forth elsewhere in this ordinance. The ZONING CODE shall be amended to read as follows: The request to allow a work of art ahall be accompanied by plans and specifications which describe the proposed work of art, also location, appearance, color, texture, general design, use of material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City Council may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the high character of community development and would not be detrimental to the stability of value and the welfare of surrounding propertYff structures, and residents, and to the qeneral welfare and happiness of the community. 'M' 15 Accessory Use Conditions 520.2 SECTION 520 ACCESSORY USES PERMITTED IN OFFICE DISTRICTS C. forth in Business Signs, unilluminated, as set Subsection A.b.3. of this section. 3. 2. Bulletin boards, as set forth in Subsection A.b.2. of this section. 1. Area Markers as set forth in Subsection A.b.l. of this section. '420.2 Accessory Use Conditions b. Signs B. SECTION 420 ACCESSORY USES IN RESIDENTIAL DISTRICTS e. One (1) wall sign may be attached to a wall of an apartment building located in RM or RD zones. Provided, that such sign shall not exceed ten (10) percent of the wall to which it is attached or ninety (90) square feet, whichever is less. Provided, further, that the wall to which such sign is attached shall front or face upon a public right-of-way. Provided, further. that in no case shall more than one (1) such sign be permitted for any apartment complex. d, A sign or slgns advertising a subdivision each not exceeding one hundred (100) square feet in area may be placed in a subdivision during the initial sales and development. Provided, that the sign or signs are located at least twenty-five (25) feet from any right~ of-way or street line, and are removed within ninety (90) days after completion of the last house or sale of the last lot in the subdivision or three (3) years from the date of initial construction" whichever comes first. c, One (l) the architect:" contractor, v or other related concern upon the site while a structure iEl construction provided does not exceed sixteen (lG) square feet in area and is removed within (3D) days after construction 1s complete. 4. Ground signa shall De secureLY anchored to the than f :lve (5) 3, When 11 sign is affixed to a building v it shall not proj ect higher than one (1) or ten (10) feet above the ground levelw 2. No sign shall exceed eight (8) square feet in area. 1. Only one (1) sign for each real estate company shall be permitted per_ lot. or for each sixty- five (65) feet of street frontage. t;...J 16 1. The applicant presents a detailed plan to the Building Inspector showing the location of the signs on the building, size of -' , 1 c. f I j : " ., n d. . ..J , Wall signs which advertise or indicate only services or products which are sold or offered for sale within the building to which the sign ia attached shall be permitted. Provided that: Temporary signs shall be permitted, subject to the general restrictions set forth elsewhere in this ordinance. b. Illuminated signs shall be permitted. Provided that such signs in direct view of traffic signals are not red, green or amber in color, and - providing such signs are illuminated only during business hours or until eleven o'clock (11:00) p.m., whichever is later. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential district or into any street. u If a \mified shopping center if:! located on a tract or lot bounded by two (2) or more public streets, such unified shopping center shall be permitted to erect one (1 ) additional graund sign, pole or surface mounted, at a secondary entrance facing a different public street than the original ground sign permitted in this section. Provided that, in no case shall such additional ground sign exceed fifty (50) square feet in area. One (1) ground sign, pole or surface mountedu may be erected in an office complex. a unified shopping center u or industrial tract for purpose B of identifying the development. The sign shall display only the name and the location of the development and names of stores, ions or businesses located in the @ The size of the shall not exceed (3D) feet in height or one hundre~(10D) in area. Howeveru if the develo~nent a front in excess of one hundred (100) feet, area may be allowed on each side af the s equal to thirty (30) percent of the front footage in excess. of the first one hundred (100) feet of said tract or lot. Provided that the size of th~ sign shall not exceed one hundred fift.y (150 square feet and shall conform to the requirements for ground signs set forth elsewhere in the ardinance. a. 2. Business signs, illuminated and unilluminated, subject to the following conditions: 1. Bulletin boards, as set forth in Subsection A.b.2. of this section. d. Business Signs 17 a. One (1) ground sign, pole or surface mountedw may be erected in an office complex, a unified shopping center, or industrial tract for purposes of identifying the developments The sign shall display only the name and location of the development and names of' stores I? occupations or businesses located in the development e The size of the sign ehall not exceed thirty (30) feet in height or one hundred (100) square feet in areae However, if the development has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (3D) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot. ProvLded that the size of the sign shall not exceed one hundred fifty (150) square feet and shall conform to the requirements for ground signs set forth elsewhere in the ordinance. The following shall be permitted signs in the CS and IL District: 1, Business signs, illuminated and unilluminated, subject to the following conditions: CS and IL District Use Conditions 1021.5 All signs and outdoor advertising included as permitted uses in Sections I through VQ Ordinance 309, otherwise known as the OWaSBO Sign Ordinancee Included Uses 102L 2 D, SECTION 1021 USE UNIT 21 BUSINESS SIGNS AND OUTDOOR ADVERTISING 3. A temporary rea.!. estate ai.gn aave~~ ...ne saLe, rental or lease of the premises may be erected on each street frontage of a 10t0 The sign shall not exceed 32 square feet in surface area nor 15 feet in height, and illuminationu if any, shall be by constant light. T'I1e maximum area for wall shall be ",,:l.mited to ten (10 the wall to 'l>lhich it is hundred f (ISO) square feet, whichever is l~a. For each one hundred (100) feet increm~1t the wall is set back from ,the pub~ic right-or~ way, the maximum area maybe increased ~y fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feete 2. Wall signs are permitted for each wall. which faces or fronts onto a public right~ of-way and such sign is attached to the corresponding wall, except that no wall. sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right-of~way when such public right~of-way ia bounded on thl'> side by dwell,nOB. letters and clearance between the walla and signs. 18 1. Awnings, subject to the provisions set forth in section V of this ordinance. The following shall be permitted signs in the CG, CH and IM Districts: CG and CH and IM District Use Conditions 102'1.6 2. Wall signs are permitted for each wall which faces or fronts onto a public right-of-way and such sign is attached to the corresponding wallt except that no wall sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right-of-way when such ~ public right-of-way is bounded on the oppoBite side by properly zoned single family dwellings. 3. The maximum area for wall signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. For each one hundred (100) feet increment the wall is set back from the public right-af-way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feet. t.he t.he and The applicant present.s a detailed plan to Building Inspector Bhowing the location of signs on the building, size of letters clearance between the walls and signs. L d. Wall signs which advertise or indicate only services or products which are sold or offered for sale within the building to which the sian is attached shall be permitted. that: c. Temporary eigns shall be permitted, subject to the general restrictions set forth elsewhere in this ordinance. b. Illumina:tea s ahall be prcnrided that 8'llCh s in view of traffic B are not redo green Dr anmer in color, and such are illuminated business hours or eleven o'clock <11~OO) ,m. 0 is later. ~7hen the is illuminated a light or reflected direct rays of ahall not bemn upon any district or into any street. No ground sign, pole or surface mounted, shall be permitted to project into a r and shall be located in a manner not to a traffic hazard$ If a unified shopping center is located on a tract or lot bounded by two (2) or more public streets u Buch unified shopping center shall be permitted to erect one (1) additional ground sign, pole or surface mounted, at a secondary entrance facing a different public street than the original ground sign permitted in this section$ Provided that, in no case shall Buch additional ground sign exceed fifty (50) square feet in area. . , 19 e. Projecting signs below a canopy or marquee erected over a public sidewalk shall be permitted subject to the following conditions: 1. A sign erected beneath a canopy shall not exceed three (3) square feet in area and shall be hung at right angles to the building. A minimum clearance of eight (8) feet shall be maintained Multi Establishment: If more than one (1) establishment is located on a tract or lot, one (1) ground sign, pole or surface mounted, may be installed to display names of stores, occupations or businesses located on the tract or lot. The size of the sign shall not exceed one hundred (100) square feet in areae d. projecting signs shall be permitted subject to the provisions set forth in section V.F. of this ordinance. a. Wall signs are permitted for each establishment on a wall which faces or fronts an adjoining and abutting public right-of-way. Provided that where a building faces more than one public right~of-way, two walls may be used for signa. further, that no \oJall shall be permitted upon any wall other than the front wall which faces or fronts a public when such public side zoned may construct in ca, CH and 1M lPJalls which do not face or :tront: an abutting when there exists under the same ownership a or other open space of at least fifty (50) between the wall and the nearest building, but in no case shall a sign be conatructed on more than two (2) walla of a building. b. The maximum area for wall signs shall be limited to ten (10) percent of the wall to which it ia attached or one hundred fifty (150) square feetv whichever is less. For each one hundred (100) feet increment the wall is set back from the public right~of-way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feet. c. Single Establishment: One (1) ground sign! pole or surface mounted, shall be permitted. Provided that the size shall not exceed sixty (60) square feet in area. However, if an establishment is located on a tract or lot having a front footage in excess of one hundred (100) feet and ia the only establishment located on the tract or lotu additional square footage may be allowed on each aide of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot. Provided further u that the size of the sign shall not exceed ninety (90) square feet. 3. Business signs, illuminated and unilluminated. 2. Bulletin boards. as set forth in Section VI A.:2 of this ordinance. 20 Each such sign shall be mounted on a single ground pole and there shall be a minimum clearance of B feet between ground level and .the bottom of the sign structure& b. I \ J The height of an outdoor advertising sign structure shall not exceed 35' and the maximum outside dimension shall not exceed 300 square feet. a. 4. All advertising signs for which a special permit is granted by the city counoiL.Planning Commission of the city of OWaB8o~ _oklahoma, shall comply with the following standards: 3. "Advertising face" is and shall be defined to mean each side of an outdoor advertising sign which ia designed, erectedp located and positioned for the purpose of displaying off- premises advertising material. 2. After December 31, 19818 there shall not be permitted within the city of OWasso more than one (1) commercial advertising aign for each six hundred (600) feet of frontage abutting ~. u.s. highway. 1. Advertising signs as defined in Section II (j) of this article, (billboards or poster boards) may not be constructed or erected in the city of !Masso, Oklahoma without the Gbt."Y" Oounoil Planning Commission of the city of owasso, Oklahoma first granting a special permit for such sign. Advertising eigne allowed by 102 L 8 Advertising u as Bet forth in Subsection 1021.8 of thiB section. 4. Business Bigns, illuminated, as set forth in Subsection D.4. of this section. 3. Business signs, unilluminated, as set forth in Subsection A.:3 0 of this section. :2. Bulletin boards, a!:! set forth in Subsection A.2. of this section. 1. Roof , ect to the conditions Bet out in Section V.G. of this ordinance. in the IE District: s shall be The fol IE District Use Conditions l02L 7 ion s Temporary signs Bhall be permitted subject to the Bet forth in Section V.H. of this ordinance. 4. 2. A sign erected beneath a marquee shall not e~tend beyond a point within two (2) feet of the front edge of the marquee and shall maintain a minimum clearance of eight (8) feet between the bottom of the sign and the public sidewalk below. between the bottom of the sign and the public sidewalk below. 21 section * IX. VALIDITY. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be ;Prov~ded further1 tho.t no '..ar1.anoc a.l1aLl DC gr:::UH:ea IOX' U yx. UUil'" oign/pole mounted whane totl11-fieight is greater than oiKty (60) feet- or whoso area eKceedo tHO hundred fifty oiK (256) oqunre feet, nna that any ouch varianoe cho.11 be authorized only upon affirmative vote of four (4) Dr more mcmbero of the City Council of the City of OVUDOO. G.. That the striot app.U.o:::U::Lon 0:1: "LnG 81.gn uro:l.nanoc rcquJ.rmllUlll.U ..uu.!.u :reeuIt in pr;::lotio:ll diffioultico or unneeeOO:lry hardohipo inconoiotent ;;ith the general purpaoe and intent of the Sign Ordinance. . :t:!:y uc~rJ..!tlt,;nl.u.!: oc '".1..l.J. UUI. $.J<';;; wu't.erJ.u . B, That the gr.::mt:ing 01: the va.r :t,an 'au'a to roperty or improvement 0 ~n :to the public- .welf,are or 1.nJ~r:L borhoodP in \..hioh the property HI ouch X!!oning d~otrHJt(} or nC:Lgh locntca. "1:.0 bill.: :kquc . 'are un. he nome ~e.l1 d J.n t the tram cOm:a~1:.~~dinllrily frO~ationo of t nr:Loe . arc no nation 0 requeo d . 'h.l.ch d by an The '~'arj;a~ce cation an "'t~ oreate fu . n:\.n qu a arc no . ~ecatcOt ,oncl an.. pplicant. diotr:Lo lner or a ~y m proper Seetion IX. l\PPE1\L 1\1>70 Vl\RI~' ~~f ;::lny adrnin.totrathrc o{f~ to the g~nd~ council may henr and decide the matter ~vo, nnd after~w may nuthori~ ~n opccific c;::loe~vnriance from the tcrmo of thin artic~. Provided that all cf tho fe,bkming oircumot.:moea arc found tc ~ Section VIII. PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereofQ be fined in a sum not exceeding one hundred dollars ($100) or be imprisoned not to exceed thirty (30) days or both BO fined and imprisoned. Each day such violation io committed or permitted to continue shall constitute a separate offense. shall be serv:tced Where feasible, ouch advertising B by e. d. The ground area immediately around and upon which such advertising signs are located shall be landscaped in accordance with a sketch plan to be approved by the ~ Geuncil Planning Commission of the City of owasso, Oklahoma, and such landscaping ahall be maintained and replaced as necessary to comply with such sketch plan. c. Each advertising sign must be in compliance with all Oklahoma and Federal laws and regulations governing and concerning such signs. ~'iJ ':..~- 22 r1 tlir,~ -,:,.1 clause ruled upon separately and this 1st IX.C. amended the 17th day of Juneg 1986, PASSEDg and the of f 1981. deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section H X. EMERGENCY DECLARED. An emergency is hereby declared to exist for the preservation of the public peace, health, and safety, by reason whereof this Ordinance shall take effect immediately from and after its passageD approval and publication. " '""'" \ J Je proiection Deemed Nuisances. All canopies, ropes, networks, banners, holiday decorations, posts, radio aerials, placed in or proj ecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this article. Provided, that permission may be granted by the Board of Adjustment to maintain a banner or holiday DESIGlL.1UillUIREMENTS. section IV. section One: Part 12--Planning, zoning and Development, Chap- ter 2--Zoning, Section 12-202--sign Regulations Adopted, incorpora- ting by reference Ordinance 309, as amended by Ordinance 352 relating to sign regulations be, and same hereby is amended in the following respects, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI:TY OF OWASSO, OKLAHOMA" THAT): AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OWASSO" OKLAHOMA, IN PARTI- CULAR PART 12--PLANNING, ZONING AND DEVELOP- MENT, CHAPTER 2--Z0NING REGULATIONS, SECTION 202--SIGN REGULATIONS AS SAME INCOR- OF ORDINANCE Nm!BER 309 AS AMENDED BY 352, AMENDING SAME BY THE BOARD OF ADJUSTMENT IN OF THE CITY COUNCIL REQUIREMENTS, SUBSECTION J--PROJECTION DEEMED NUISANCES; BY SUBSTITUTING THE PLANNING COMMISSION IN LIEU OF THE CITY COUNCIL IN SECTION S--CONSTRUCTION REQUIREMENTS, SUBSECTION A--AREA MARKER; BY SUBSTITUTING THE BOARD OF ADJUSTMENT iN LIEU OF THE CITY COUNCIL UNDER SECTION S--CONSTRUC- TION REQUI:REMENTS, SUBSECTION H(2) RELATING TO TEMPORARY SIGNS, BY SUBSTITUTI:NG THE PLANNING COMMISSION I:N THE PLACE OF THE GOVERNING BODY OF THE CITY OF OWASSO, OKLAHOMA, IN SECTION 6- -DISTRICT SIGN REGULATIONS, SUBSECTION (1) BY SUBSTI:TUTING THE PLANNI:NG COMMISSION FOR THE CITY COUNCIL IN SECTION 6--DISTRICT SIGN REGU- LATIONS, SUBSECTION E; BY REPEALING SECTIONS 7 and 9 RELATING TO NONCONFORMING SI:GNS AND APPEAL AND VARIANCE, DIRECTING CODIFICATION, DECLARING AN EFFECTIVE DATEo CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 424 "". , 2 '--J Hereafter no work of art shall be applied to, erected or placed upon the exterior walls of any building within the city of Owasso without first being submitted to and approved by the Planning co:mmissionw The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, also location, appearance, color, texture, general design, use of material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The Planning Commission may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the high character of community development and would not be detrimental to the stability of value and the welfare .of surrounding property, structures, and residents, and to the general welfare and happiness of the community. n Wo:t::kQf_Ar't. K. 2. projecting from Wall over Public Property. No temporary sign, except one approved by the Board of Adjustment, shall extend over or into any street, alley u sidewalk or other public thoroughfare a distance greater than four (4) inches from the wall upon which it is and shall not placed or proj over wall opening.. H. ,:'emporary signs. Approval iOllg P lanni:ng Des u material, placement area a 1. A. Areg._ Marker. CONSTRIJCTLQR_J~~UIREMENTS . section v. decoration across a street for a_limited period of time upon the following terms and conditions: 3 section Three: That sections 1 through 5, and 8 as set forth by Ordinance'Number 309 as amended by Ordinance Number 352 as well as the foregoing shall be codified as Appendix F to the Owasso Zoning Code. section 6 of Ordinance Number 309 as amended by Ordinance Number 352 as well as amended above shall be codifed in the pertinent sections of the Owasso zoning Code as indicated. section Two: That from and after the effective date hereof, sections VII and IX of the sign regulations as adopted pursuant to Ordinance 309, as amended by Ordinance 352, as codified under Part 12--planning, Zoning and Development, Chapter 2--Sign Regulations, be and same hereby are repealed. d. The ground area immediately around and upon which such advertising signs are located shall be landscaped in' accordance . with a sketch plan to be approved by the Planning Commission of the city of Owasso fI Oklahoma, and such landscaping shall be maintained and replaced. as necessary to comply with such sketch plan. 1. Advertising signs as ion II(j) this article, (billboards or boards) may not be constructed or erected the city of Owasso, Oklahoma without the Planning commission of the city of Owasso, Oklahoma f granting a special permit for such sign. 4: . 1 ising signs whi a special permit is granted by the Planning commission of the City of Owasso, Oklahoma, 1 comply. with the following standards: s s 1021. 8 SIGNS AND 1021 USE UNIT 1 BUS ADVER'1' ISING D. a i are Cmnmiss Marker ion or 1 of the Area 1. Access Use Conditions 320.2 A. SECTION 320 ACCESSORY USES IN THE AGRICULTURAL DISTRICTS DISTRICT_ SIGN REGULATIONS. Section VI. The area of a sign shall be computed to include the entire area within a sign, whether such sign is a parallelogram, 17.2. CALCULATING THE AREA OF A SIGN. (4) To provide for the removal of any sign that is in violation of or non- conforming with the intent and purpose of this Code. (3) To provide for the issuance, revocation, inspection and identification of signs within the City. (2) To establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the City of Owasso may appear orderly and to prevent the needless clutter in appearance within the City by signs unreasonable in number, location, area and illumination. Reserved. Signs Not Requiring Permits. Prohibited Signs. Reserved. Permitted Signs. Unified Sign Plan. Administrative Provisions, Construction, Inspections and Maintenance Standards. Permit Fees and Penalties. Non-Conforming Signs. Reserved. Sign Variances. Validity. Reserved. (1) provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare, public safety, convenience and order to the City of Owasso. a the is as n H This Code, together with future amendments thereof, shall be known and may be cited as the "City of Owasso Sign Code", 17.12 17.13 17.14 17.15 17.16 17.17 .3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 1 CHAPTER 17 CITY OF OW ASSO CODE 17.1. PURPOSE. 2 17.3.11 Sign. A sign includes any device that displays or includes any letter, work, model, banner, flag, pennant, insignia, propeller balloon, device or representation used as, or that is in the nature of an advertisement or announcement or that directs attention to an object, product, place, activity, 17.3.10Professional Nameplate. A sign that states the name and occupation or profession of the person occupying the premises where the sign is located. 17.3.9 Noncombustible Material. Any material that will not ignite at or below a temperature of one thousand two hundred (1200) degrees Fahrenheit and will not continue to burn or glow at that temperature. Marquee. A roof-like structure of a permanent nature that projects from the wall of a building and may overhang a public way. Changeable lettering may be a part thereof. The frontage on which the sign is located. A place of business that has a separate entrances, 17.3.5 Contractor Sign. Signs that denote the architect, engineer, contractor, lending institution or other related business when placed upon work under construction, 17.3.4 Canopy. A roof-like structure of a permanent nature that does not project over a public right of way. 17 .3.3 Awnings. Any structure made of cloth or metal with a metal frame attached to a building and not projecting over public right of way when so constructed to permit its being lowered to a position not over public right of way and to permit its being raised to a position flat against a building when not in use. 17.3.2 Area Marker. A sign that designates or identifies a subdivision or development. 17.3.1 Advertising Face. Each side of a sign that is designed, constructed, located and positioned for the purpose of displaying off-premises advertising material. Definitions of terms as used in this Code, unless the context otherwise requires, shall be as follows: DEFINITIONS. triangle, circle or semi-circle, including all of the display area of one side and any part of the surface of any cornice, hood, awning, wall or similar ornamental or structural feature that blends with the sign in such a maImer as to appear to be the background of the sign, and including all matter displayed, angle at sign is , area a wall sign shall computed to include only the area in which characters, letters, illustrations, insignia or logos are depicted, 3 17.3.24Sign. Temporary. A sign that is not intended to be used or installed permanently and! or that the 17.3.23 Sign. Structure. The supports, uprights, bracing and framework for a sign or outdoor display. 17.3.22Sign. Snipe. A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar object, whether in the public right- of-way or not. 17.3.21 Sign. Roof. A sign constructed upon or above a roof or parapet of a building whether extending beyond the highest point of the building or not. 17.3.20~gn. PQUtical. A sign that makes known the name or information about a person running for an office or any other information concerning a political campaign or election issue of any nature. or of a sign, whether illuminated or unilluminated, that does not remain stationary at all times regardless of power source that affects movement. 18Sign, .. IHuminated. Any sign designed to give forth any artificial light, or designed to reflect such light deriving any source that is intended to cause or in the ground and that is not a part of a building. 17.3.17Sign. Ground! Surface Mounted. A sign that is mounted flush with the ground or is supported by one or more poles, uprights, or braces 17.3.16Sign. Ground! Pole Mounted. A sign that is supported by one or more poles, uprights or braces in the ground and that is not a part of a building. 17.3.15Sign. Flashing. Any sign that incorporates in any manner apparent movement achieved by electrical pulsation, contains intermittent lighting or by other means such as sequential light phasing. 14Sign. Directional. A sign providing directions to the general public to a specific site or address in the City. 17.3.13Sign. Business. A sign that directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is attached. 12 Sign. Bulletin. A sign or board constructed in connection with a non-profit, community or center, educational premIses purposes. on announcement or person, institution, organization, or business; but the term shall not include display of official notice. 4 17.5.5 Historical Markers. Non- illuminated, non-reflective memorial signs or signs bearing 17.5.4 Flags. Flags and insignias of any government agency that are displayed on structures not exceeding thirty-five (35) feet in height. 17.5.3 Business Signs. One (1) non- illuminated, non-activated nameplate or occupational sign not exceeding two (2) square feet in area and attached flat against a building, providing only the name, address and occupation of the building tenant or owner. Quen House Signs. One (1) directional or open house sign not exceeding two (2) square feet in area located on the private property of the premises upon which the sale is located. 1 ( (8) area residentially zoned areas or thirty-two square feet for commercial or industrial zoned areas which is "double-faced" and advertises only the sale, rental or lease of the premises upon which such signs are located. A permit shall not be required for the following types of signs, provided that said signs shall be subject to all other provisions this Code. 17.5. SIGNS NOT REQUIRING PERMITS. 17.4. RESERVED. 17.3.27Work of Art. The term "work of art" shall apply to all mural paintings or decorations, inscriptions, mosaic, painted glass and similar art forms of a permanent character intended for permanent or commemoration that are applied to, constructed or placed upon the exterior walls of any building. For the purpose of this ordinance, "work(s) of art", whether singular or in aggregate, shall be deemed to exist when its size exceeds sixteen (16) square feet. For the purpose of this ordinance, a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. 17,3.26WaU. The exterior surface of a building or structure. For purposes of this Code, other than size limitations, wall shall be determined to include mansard-type or sloped roof structures. A sign painted, attached or the wall of a building or structure approximately to plane of the walL Community Development Director or his/her designee deems to not be constructed or erected in a manner consistent with the stated purpose of this Code. 5 (a) No sign shall be permitted to extend into, above or be placed in or on any portion of a public street, avenue or alley, nor shall any sign be painted, pasted, posted, printed or nailed to or on any curb, sidewalk, tree, light 17.6.1 Location The following signs classified by location, type and content are prohibited. 17.6. PROHIBITED SIGNS. 17.5.12 Community Interest Signs. Any other sign that the City Council deems of a public or community wide interest. Contractor Signs. Contractor signs not exceeding twenty-four (24) square feet in area and placed within the area to be constructed, remodeled, repaired, or demolished. 17.5.10 Awning or CanoRY Letterin~ Vinyl or plastic lettering affixed to any awning or canopy, and conforming to the provisions of the section related to awnings/canopy type signs. Service Station Regylatory Signs. Signs and required regulatory information that are an not to gasoline pumps or other similar dispensing or servicing devices. arterial roadway from the site of the sale and shall be removed immediately at the conclusion of the garage sale. 17.5.8 Garage Sale Sign. A maximum of two (2) signs not to exceed four (4) square feet each shall be permitted to advertise a garage sale. Any such sign shall not be placed in the public right-of-way, shall not be placed or located farther than the nearest major 17.5.7 Political Signs. Political signs, not exceeding sixteen (16) square feet in area, which makes known the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than six (6) weeks before the general election and are to be removed no later than one (1) day following the general election, that no political sign shall be placed in or on the public right-of-way, that no political sign shall be placed or erected in or on any private property without the express permission of the owner or occupant of such property. Legal Notices. Legal notices, identification, informational or directional signs constructed by government agencies or in compliance with their regulations. the name of the building and date of erection, provided that said signs do not exceed twelve (12) square feet in area and are either carved into, embossed on or permanently embedded in stone, masonry, bronze or other non- combustible materials, a way are an detail a building. 6 (e) Moving and Flashing. No moving signs shall be permitted in any district except for pennants used in connection with real estate "Open House" and maintained for less than forty-eight (48) hours, No flashing signs shall be permitted in any district except those signs displaying flashing or intermittent lights, or lights of changing degrees of intensity of color except signs indicating time, temperature, barometric pressure, air (d) Spotlight and Floodlights. It shall be unlawful for any person to maintain any sign or work of art that extends over public property that is wholly or partially illuminated by floodlights or spotlights. (c) Gooseneck Reflectors. Gooseneck reflectors and lights shall be permitted only on ground signs, roof signs, wall signs, and works of art, provided the reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. (b) Portable, Snipe, Mobile, or Vehicular Signs. No portable, mobile, vehicular or snipe signs shall be permitted within the City, and no motorized vehicle or trailer shall be parked upon public or private property within the City for the obvious purpose of advertising; provided that commercial vehicles may be identified business name, type business, business address, business telephone number, and contractor's state / county / city license number when required. (a) Any sign not specifically permitted within a zoning district, to include temporary signs, shall be prohibited within such zoning district. 17.6.2 ~ (e) No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes the potential impediment to rescue personnel in the event of an emergency or which constitutes a public nUIsance. (d) No sign shall be constructed in a manner that interferes with any surface or underground utility structure. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water. (c) No sign shall be permitted within any public easement, (b) No shall be constructed so as to obstruct any fire escape, required exit, window, or door opening intended as a means of ingress or egress, nor shall any sign be placed in such a manner as to interfere with any opening required for ventilation. standard, utility pole, hydrant or bridge, or in any manner displayed within the public property or public right-of.-way lines of any street, avenue or alley except legal notices, identification, informational or directional signs erected by a government agency 7 (a) Obscene Matter. No person shall display upon any sign or other advertising structure an obscene, 17.6.3 Content. (m) Balloons and Inflatable Signs. It shall be unlawful for any person to construct, erect or maintain any balloon, inflatable device or image for the purpose of advertising or directing attention to the location from which the device is attached. (I) Service Station Signs. It shall be unlawful for any person to attach or maintain any sign on gasoline pumps or any other dispensing or servicing equipment, which do not contain required regulatory information. (k) Roof Signs. It shall be unlawful for any person to construct or maintain any roof sign in any zoning district in the City. (j) Advertising Signs (off-premises), It shall be unlawful for any person to construct any off-premises advertising sign in any zoning district in the City. Council may, when it deems proper, also require a complete model of work of art to be submitted, In determining the merits of the work of art, consideration should be given to insure that the of art maintains the highest character development and to stability the welfare surrounding structures, and residents, general welfare and happiness community. , to the the (1) Work of Art. No work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of Owasso without first being submitted to and approved by the Planning Commission. The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, location, appearance, color, texture, general design, use material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City (h) Corporate or Commercial Flags. No corporate or commercial flags shall be permitted in any zoning district that exceed thirty-five (35) feet in height and/or fifteen (15) square feet in area to include those corporate or commercial flags containing logos. Additionally, corporate or commercial flags shall be limited to one (1) flag per business entity. (g) Placards, Leaflets, Handbms~ No placards, leaflets, handbills or similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any district. matter. or (0 permitted No sign audible pollution index or TRI, but only when the sign does not constitute a public safety or traffic hazard in the judgment of the Community Development or his/her designee. 8 (0 Matrix #6 - Signs permitted in IH (Industrial Heavy) zoning districts. (e) Matrix #5 - Signs permitted in CG (Commercial General), CH (Commercial High Intensity) and 1M (Industrial Moderate) zoning districts. (d) Matrix #4 - Signs permitted in CS (Commercial Shopping) and IL (Industrial Light and Research and Development) zoning districts. (c) Matrix #3 - Signs permitted in OL (Office Low Intensity) and OM (Office Medium Intensity) zoning districts. (b) Matrix #2 - Signs permitted in RD (Residential Duplex), RTH (Residential Multi-Family Townhouse), RM -1 (Residential Multi-Family Low Density), RM-2 (Residential Multi-Family Medium Density) and RMH (Residential Mobile Home Park) zoning districts. (a) Matrix #1 - Signs permitted in (Agricultural), RE (Residential Estate), 1 (Residential Single Family Density), Family Density) and (Residential Family High Density) zoning districts. The following matrices with qualifying conditions are included below: 17.8,1 Matrices, Signs permitted under the provisions of this Code are itemized on matrices according to zoning districts. The matrices indicate whether the sign is "permitted conditionally", or "not permitted" in- each zoning district. Each matrix also includes significant characteristics or attributes of each sign by type and is further cross- referenced by a series of conditions. Signs not listed in a particular matrix are expressly prohibited unless allowed under the provisions of Section 17.5, of this Code. The matrices do not intend, however, to preclude any other section of this Code. 17.8. PERMITTED SIGNS. RESERVED, (b) Traffic Safety. No sign shall be erected or constructed in any district within the City that states, "stop", "go", "slow", "danger" or any other similar term which could reasonable be confused with traffic signs, Furthermore, no or would by its or tend to confused with or obstruct sight traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person. indecent or immoral matter. Setback Setback Type Condition Not Perm Max Area from Front Max # Max If of Maximum from Side Setback Property Signs Days Height or Rear from Line Property ROW Area ,~"~-~~~- Line A,D,J 100 1 .._--~,~ _ Marker__ -.------ ------ 25 Awnings X ~~..~_._- . _._---~~_.~ ---- -.------ ~.~-_._--~~,~~ Banner . .----- ----- -- -- .--- HH,II --~.~~-- --'- 1 _._~------ ---- Bulletin - -- ---- B,C,D 12 10 1 - -- -'-- 4 8 -~ Business X -- Canopy -. X -- Contractor D,l,FF 16 1 -- -_._~~- ---- ~-~ Flashing ------- --~~~~. -~.~~~,- X ---- -~.- - ----- Ground / --'- --- ------- -~~~ X --" -- Pole Ground / X -- Surface Marquee - X -. Moving D,BB 1 2 Political D,K 16 Projecting X Real C,D,H,FF 8 1 Estate ,GG 4 Wall B,C,E 12 1 SIGN MATRIX # 1 AG, RE, RS-l, RS-2, RS-3 10 Setback Setback Type Cond Not Penn Max from Front Max. # of Max # Maximum from Side Setback Property Signs Days Height or Rear from Line Property ROW ~~---<<.~ Line Area A,D,J 100 I --,~-~~---- Marker 25 --"._--, - -'"~-'-~--"~- ----~-~~ ~ ~-~-------~ Awnings X ~~- .~_~_..,~_v.. ~--_._---- -~~_._" ...."-~~." Banner HH,l! I -..-. -~-- Bulletin -- -.-- 1---..----- ....--.- B,C,D ------ 12 10 I 4 8 f--.------- Business ---- --.. X Canopy X ..- -- _A_____ Contractor ..- ~~~-~ --- D,I,FF 16 --- -.--.-- I -- Flashing ..--- 1--- --~_.~--- X -~~ ..- _._-- _._~~U~__" Ground / X .-- ~~~- ~_.~~~.._" --~~-,~~- _.pole ---.- -^-~~ Ground / -- --.--- X -- ~--_._- f-------- Surface Marquee X Moving BB 1 2 Political D,K 16 Projecting X Real C,D,H,FF 8 1 Estate ,GG 4 Wall C,L,M 12 1 SIGN MATRIX # 2 RD, RTH, RM - 1, RM - 2, RMH 11 ,~ ""- .. - .- .. . . .- - -- -~~ Setback Setback --~ . ..~ Type Cond Not Perm Max Area from Front Max # of Max # of Maximum from Side Setback Property Signs Days Height or Rear from Line Property ROW Area . ......__.~...~ -----~---- Line A,D,.! 100 1 .- Marker 25 Awning S,T .. I-~_.._~ .-. ----..,. ~.._._.- 1-------... Banner HH,II . -- ---.,.. ..- I ~-~---- Bulletin B,C,D --.- -- 12 10 1 --- _. -.- 4 8 Business F,G --. 2 1 1---- Canopy S,Z Contractor D,l,FF 16 -.--. 1-------- ~-~-_...~ ----..- 1-----..- 1 -- ~~__'m~~__ _ Flashing X ..- I---_..~- ---- 1----- ---- Ground / C,D,G,N, .~ ----- I----._~. ~_._-- 1--- 1 .. 1----- -~-,-,~- Pole O,P,S,W, 30 EE,FF Ground / C,D,G,N, 1 -- Surface O,P,W,D 4 Mount D,EE Marquee S,T,Z,AA 1 Moving BB .. 1 2 Political D,K 16 Projecting X Real C,D,GG, 32 1 Estate FF 8 Wall C,G,M, 1 Q,R SIGN MATRIX # 3 OL, OM 12 = --= .. ...- Setback Setb~ck' -.~- = Type Conditions Not Perm Max Area from Front Max # of Max II of Max from Side Setback Property Signs Days Height or Rear from ___.____.. f---" ." . . Lme Property ROW Area ... "-A,Dj-- --.-..----.. 100 "'" "'--l-~ _.-_... Line ~~ ~ ---"'.- Awnings S, T .-"'._._-~_.. ~--- Banner HI-I II ..----. ... , 1 -. ........ -. ...- -- Bulletin B,C,D - --1~ ._.~- f---l.----~ ~-- 8 Business F,G 2 -- 1-- --. Canopy S, Z Contractor I,D,FF - 16 1 - ..- Flashing --D,CC-f------- -.---~- 1----- .- -..-.--.-.-- I~. Ground / C D G N .--- ---- --.---J-.---- -----. Pole O:PS,V,E 1 30 -- ----- E,FF Ground / C,D,G,N, -- 1 --1----- Surface O,P,V,DD 4 Mount ,EE Marquee S,T,Z,AA 1 ..- Moving BB 1 2 Political D,K .. . 16 Projecting X Real C,D,GG, 32 . 1 Estate FF 8 Wall C,G,M, 1 Q,R SIGN MATRIX # 4 CS and IL 13 Setback Setback Type Cond Not Perm Max Area from Front Max II of Max II of Max from Rear Setback Property Signs Days Height or Side from Line Property ROW Area A,D,l 100 Line :1--- Marker 1 -'--~--i5'--~ Awnings S,T .._~._--_._- ~.~~"~..~ --- -- --_._~-- ---_..~._.- Banner HH,II -- ~~~--- 1 .-.--.-.---- --_.._.~~ Bulletin B,C,D 12 10 ~_.~~ 1------- 1 4 8 -...-- Business F,G .. 2 1 Canopy S,Z .0___- ---- Contractor D,I,FF -" -~~~~ -~-~ ---- 16 -- _~~O_~ [------- I ---~-~.- Flashing .. -~~-~~ j.....--~--- D,CC -----~~ -~-~- ----~ u_.u~ Ground I C,D,G,N, .. ..- --_...~ 1------- Pole O,P,V, 1 30 S,EE,FF Ground I C,D,G,O, 1 Surface 4 -- P,V,DD,E Mount E Marquee S,T,Z,AA 1 Moving BB 1 2 Political D,K 16 Projecting X Real C,D,GG, - 32 1 ..- Estate FF 8 Wall C,G,M,Q, R,D 1 SIGN MATRIX # 5 CG, CH, 1M 14 =-_. ~==. ~~ .. , oo. OOoo, '=_ . - Setback Setback Type Cond Not Perm Max Area from Front Max # of Max # of Max from Side Setback Property Signs Days Height or Rear from Line Property ROW Area ----~_. - -_.._'~~"-'-~.- ~ Line A.D,J 100 1 Marker 25 Awnings - .. I--~,-~- S,T ._._-~-~ ~--,_... --- Banner - HH,Il -----~, ~~~.._~,~~~ 1 1----. ----- 1--. Bulletin C,D 12 10 -- I 4 8 Business F,G . - 2 1 - I---::. Canopy S,Z Contractor D,!,FF 16 1 ~- -- Flashing D,CC _._,~- --- -- 1------- Ground / C,D,G,N. -- ----.- I---._~_.. ---~.~.~ 1 ----- .~-~ -.--- ,-.--..--- Pole O,P,S,V, 30 DD,EE, FF Ground / C,D,G,O, ~ Surface P,V,DD,E 1 4 Mount E Marquee S,T,Z,AA .~- 1 -- Moving BB 1 2 Political D,K 16 Projecting X,Y,D 3 . 1 Real C,D,GG, 32 1 Estate FF 8 Wall C,G,M, 1 Q,R SIGN MATRIX # 6 IH 0, Shopping centers that are located on a tract or lot bound by two (2) or more public streets are allowed one (1) additional ground sign with a maximum square footage of fifty (50) feet at a secondary entrance facing a different public street than the original ground sign. N G Such signs shall be limited to thirty (30) feet in height and one hundred (100) square feet in area. If the lot or tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot up to a maximum of one hundred fifty (150) square feet. M, Such signs shall be attached to a wall that fronts or faces upon a street right-of-way. L. Such signs shall sign shall not exceed ten (10) percent of the wall to which it is attached or ninety (90) square feet, whichever is less. not sooner before the applicable election or campaign and shall be removed no later than one (1) day after the general election. J, Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years from the date of initial construction, whichever comes first. I, Such signs shall be removed from the site within thirty (30) days after construction is complete. H, Such signs shall be double-faced, advertising only "for sale", "for rent" or "for lease" of the premises upon which the sign is located. G, Such signs shall only include the professional or occupational nameplate to include only the name and / or address and occupation of the occupant. F, Such signs shall be unilluminated. E. Such signs shall not project higher than ten (10) feet above ground level when affixed to a building. Such signs shall not be constructed or located that it will obstruct the view of traffic or within the public right-of-way. If illuminated, illumination shall be constant, indirect lighting directed away from any adjoining residential use. signs shall be permitted only a organization, neighborhood building, church or institution, or educational Such signs are subject to approval by the Planning Commission. 17,8,2 Sign Matrices Conditions - AU Zoning Districts, 16 Y. A sign erected beneath a canopy or marquee shall not extend beyond a x. Projecting signs shall be permitted beneath a canopy or marquee and erected over a public sidewalk and shall be hung at a right angle from the building. W. Such signs shall be limited to sixty (60) square feet in area. If the lot or tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first ninety (90) feet of said tract or lot up to a maximum of one hundred (150) square feet. If more than one (1) establishment is located on a tract or lot, one (1) ground sign, pole or surface mounted, may be installed to display names of stores, occupations or businesses located on the tract or lot. The size of the sign shall not exceed one hundred (100) square feet in area. U. All establishments may construct one (1) wall sign as permitted in their respective zoning districts on building walls which do not face or front an adjoining and abutting public right-of-way, when there exists under the same ownership a or space at fifty (50) the and nearest no case shall a constructed on more than two (2) walls of a building. T. Such structures shall not be permitted to extend to a point two within (2) feet of the curbline. s. All such structures shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the public sidewalk and fifteen (15) feet above a drive or alley. Such signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. For each one hundred (100) foot increment the structure is set back from the public right-of-way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feet. are on or fronts onto a that no wall sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right-of-way when such public right-of-way is bounded on the opposite side by properly zoned single-family dwellings. P. If illuminated, such signs in direct view of traffic signals shall not be red, green or amber in color, and shall be illuminated only during business hours or until eleven o'clock (11:00 pm) whichever is 17 II. If said banner is in connection with a commercial or for profit institution, said banners shall adhere to the following 2. Said banners must be permitted by the City Planner and must contain a site plan indicating the location(s) of said banners. 1. Such banners shall be limited to a period not exceeding thirty (30) days. RH. If said banner is in connection with a non-profit organization, community or neighborhood center, church, public building or educational institution, said banners shall adhere to the following restrictions: Such signs are limited to eight (8) square feet in agricultural and residentially zoned districts and thirty-two (32) square feet in all other zoning districts. components signs, including the pole(s) or structure(s) to which said sign is attached, may not exceed twenty- five (25) percent of the width of the sign cabinet. No from the intersection of the curb lines on any corner lot or shall be permitted to exceed a height of more than thirty-six (36) inches above the road level of any street, avenue or alley. DD. No such sign shall be located on the triangle formed by two (2) curb lines at the intersection of two (2) streets and extending for a distance of fifty (50) feet each way CC. Such signs are permitted only when displaying flashing or intermittent lights, or lights of changing degrees of intensity of color and when such signs do not constitute a traffic hazard. Bll. Such signs shall be unilluminated and permitted for a period of forty- eight (48) hours in connection with a real estate "open house" . AA. No marquee shall display any advertising matter, except those goods and services offered for sale upon the premises or public service messages of a community wide interest. Such structures, when erected must be so drained as not to discharge water upon the sidewalk or upon streets except by a closed drain. 1. :Such structures must suspended from the building and not resting upon the sidewalk. point within two (2) feet of the front edge of the canopy or marquee and shall maintain a minimum clearance of eight (8) feet between the bottom of the sign and the public sidewalk. 18 (5) Unified Sign Plans may not include any sign that is prohibited in Section 17.6. (4) Unified Sign Plans may not propose a total sign square footage exceeding three (3) square feet of signage per everyone (1) linear foot of street frontage of the subject property. (3) Unified Sign Plans shall include all signage to be located within the perimeters of the subject site whether in excess of the provisions of the current sign code or not. (2) All unified sign plans shall be reviewed by the City of Owasso Planning Commission and shall conform to all conditions imposed by said Commission prior to the issuance of a sign permit. (1) All unified sign plans shall include the location, size, height, construction material, color, type of illumination and orientation of all proposed signs. plans are to and lettering styles that are an integral part of the franchise image and identity. The consideration shall not be without restriction and shall be within the boundaries of sound zoning practice and planning and in harmony with the general purpose and intent of the unified signage National or international franchises shall be given reasonable consideration with respect to company standard logos A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location and design of signage on property being developed as a unit. The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of this Code. The intent of the USP section is to provide for some flexibility in the sign criteria of this Code that promotes superior design through architectural integration of the site, buildings and signs. 17.9. UNIFIED SIGN PLAN 5. Said banners must be attached to the primary building and not free standing, when applicable 4. Said banners shall be limited to one (1) banner per location, 3. The requested time period the banner must be listed on the application and may modified by the City Planner. must accompany a or 1. Said banners must be permitted by the City Planner and must contain a site plan indicating the location of said banner. restrictions: 19 (1) That the applicant for said banners or holiday decorations be in connection with a non-profit, community or neighborhood (c) Permission may be granted by the Board of Adjustment to maintain a banner or holiday decoration across a street for a limited period of time upon the following terms and conditions: (b) All canopies, ropes, networks, banners, holiday decorations, posts, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this Code. (a) All rights and privileges acquired under the provisions of this section, or any amendment thereto, are mere licenses revocable by the Community Development Director or his/her designee for violation of the provisions of this Code. 17,10,2 Permit Revocable. compliance with the plans submitted to the City and the provisions of this Code. The Community Development Director or his/her designee may, from time to time as he/she deems necessary, inspect all signs or advertising structures or ascertaining whether it is secure or whether it is of removal or repair. (d) After a sign has been constructed, the applicant shall notify the Community Development Director or his/her designee, who shall inspect such sign and approve the same if it is in (c) If the work authorized under a sign permit has not been completed within ninety (90) days after the date of issuance said permit shall become null and void and there shall be no refund of any fee required by this Code. (b) It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit without an approved amendment in writing by the City Planner. (a) No person shall construct, structurally alter, rebuild, enlarge, extend, relocate, attach to or support by a building or structure any sign unless a permit for such sign has been issued by the City of Owasso, or unless such sign is specifically exempted from permit requirements as outlined in Section 17.5. 1 Except where otherwise provided in Section 17.5, but including all other provisions, the administrative provisions herein described shall ADMINISTRA TIVE PROVISIONS. 17.10, 20 Provisions related to construction requirements shall be as follows: 17.11. CONSTRUCTION, INSPECTION AND MAINTENANCE STANDARDS. (a) No person, firm or corporation shall engage in the business of sign hanging or the erection of signs within the corporate limits of the without complying with the provisions of this shall an initial license fifty ($50,00) such or corporation engaged the business of sign hanging and the erection of signs. There shall also be a yearly license renewal fee of fifty dollars ($50.00). All persons engaged in the business of sign hanging and the erection of signs must obtain such a license except those who are employed by contractors carrying a license. There shall be a separate license for each place of business in the City conducted by any person, firm or corporation. Nothing in this Code shall prevent any person, firm or corporation from hanging or erecting any sign or signs to be used in advertising the business or merchandise offered for sale of such a person, firm or corporation, but strict compliance with the provisions of this Code must be made at all times in the hanging and maintenance of such signs. 17.10,3 License Reguired. (d) When any such condition exists as is referred to in (b) above, the City Council may declare such a nuisance and order its removal and abatement. The Community Development Director or his/her designee shall give the owner or occupant of the grounds fronting thereon, or the person causing a nuisance mentioned in (b) above, a written notice that such a nuisance must be removed within ten (10) days. If such nuisance is not removed or abated within ten (10) days, the Community Development Director or his/her designee shall cause the same to be removed and abated, and shall report the cost thereof to the City Clerk. The cost of removal or abatement shall be charged against the lot or parcel of ground fronting on such nuisance or the expense may be collected from the person causing such nuisance. (3) That said application granted after the filing of a bond or insurance in a sufficient amount to protect the public and hold the City harmless from all claims and damages of any kind. (2) That if the banners or decorations were affixed to it be so only consent owner 1S center, public building, church building or educational institution and shall contain no advertising, 21 (c) Ground Sign / Surface Mounted. All letters, figures, characters, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. All ground signs/surface mounted shall be securely built, constructed and erected upon foundations, posts, standards, or (b) Ground Sign! Pole Mounted. All letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This does not exclude the use of standardized, changeable lettering securely mounted on sign forms. All ground signs/pole mounted shall be securely built, constructed and erected upon foundations, posts, standards or supports designed to adequately support the sign. In no case shall this Code be construed as to allow "A-frame" signs. securely attached to by the building. (a) 11 exterior grade plywood having a thickness of not less than one half (1/2) inch. No plywood sign shall be illuminated or in any manner be operated or serviced by electricity. (0 Wan Signs. All wall signs shall have a surface or facing of noncombustible materials. Provided that combustible structural trim may be used thereon. However, the surface or facing and structural trim of a wall sign which is attached to a stone, brick, or masonry wall may be of (e) Marquees. All marquees, including the anchors, bolts, supports, rods and braces thereof, shall be constructed of noncombustible materials and approved by the Building Inspector, (d) Ground Sign / Surface Mounted. All ground signs/surface mounted, shall be constructed of materials approved by the Community Development Director or his/her designee. All ground signs/pole mounted, shall have a surface or facing of noncombustible materials, or material approved by the Community Development Director or his/her designee. Provided, that combustible structural trim may be used thereon. (c) (b) be All be (a) ~ Awnings may constructed of cloth or metal. frames and supports shall constructed metal. Materials. 17,11,1 22 17, 1 Permit Fees, Every applicant before being granted a permit hereunder shall pay to the Community Development Director or his/her designee following each Code. a shall not be issued until a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000) and a certificate of employer's liability and worker's compensation insurance in an amount that is in conformity with the statutory requirements of the laws of the State of Oklahoma . has been filed with and approved by the City Clerk. A double permit fee shall be charged for failure to make application for a sign permit as required. 17,12 PERMIT FEES AND PENAL TIES, (a) All Signs. All signs governed under this Code shall be designed and constructed according to the City building code. Other Reguirements. 17,11.4 All signs affixed or attached to the ground or surface and the premises surrounding the same shall be maintained by the owner or occupant thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds. The Community Development Director or his/her designee may inspect any signs or other advertising structures governed by this Code. Upon finding the sign is damaged or in need of repair, the Community Development Director or his / her designee may order the repair or removal of said sign. Maintenance, 17.11.3 Wall Signs. All wall signs shall safely and securely attached to the building wall. as (d) Mar~e~ Marquees shall supported solely by the building to which they are no or Dosts supports designed to adequately support the sign. In no case shall this Code be construed to allow "A- frame" signs. 7 ' "='-) 17.14 RESERVED. (3) Permanent, non-conforming signs that are damaged or partially destroyed by any means to the extent of more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this ordinance. (2) Permanent, non-conforming signs may not be moved, altered or enlarged in any way without conforming to the provisions of this Code. (1) Temporary signs shall be removed within ninety (90) days of the passage of this Code. Temporary signs include, but are not limited to banners, portable, snipe and mobile signs. A lawfully existing at effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non-conforming. Said signs shall remain nonconforming and may continue subject to the following prOVltHOns: permitted to continue shall constitute a separate offense. It shall be the responsibility of the Community Development Director or his/her designee to enforce all provisions of 17.12.2 Penalty. Any person, firm or corporation violating any to the provisions of this Code shall upon conviction thereof, be fined a sum not exceeding two hundred dollars ($200.00) or be imprisoned for a period not to exceed thirty (30) days or both so fined and imprisoned. Each day such violation is committed or (b) If a permit is requested for signs in different categories as outlined above, whether for one or .more businesses, the full cost for the permit in each category shall be charged unless a unified sign plan is submitted. (a) Any application requesting a permit to install a sign with internal or external lighting will be required to purchase an electric permit in addition to the above fee schedule. Awning $15,00 Banner $15,00 -----.-.---- -.- Canopy $15,00 Permanent Signs (Wall Sign, Ground $20.00 Sign, etc.) -- Unified Sign Plan $750.00 ---,~- .......- All fees are exclusive of required electrical and building permit fees. Fees for all signs are included below: 24 If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct independent such not affect 17.16. VALIDITY. (6) That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities. (5) That the granting of the variance will not be detrimental to the public welfare, will not constitute a public nuisance or adversely affect public safety. (4) That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. (3) That the variance as granted represents the least deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. (2) That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. to circumstances shape, topography, the subject property. or to the or IS The City of Owasso Board of Adjustment may grant a variance to the requirements of this Code only if the applicant demonstrates compliance with following criteria: 17.15 SIGN VARIANCES. OWilSso\Owasso \.:vloo reUpdate 1) In Section! 7.1 "Purpose", I would recommend that the cum~nt subparagraph 2 be renumbered as 1 and the current subparagraph I be renumbered as 2. 2) ;:L In Section 17.3 "Definitions" I would reword 17.3.3 Awnings to read; "Any structure made of cloth or metal with a metal frame attached to a building and not projecting over public right of way (omit "property") when so constructed to permit its being lowered to a position not over public right of way (omit "property") and to permit its being raised to a position flat against g building when not in use. b. I would reword r 7.3.4 Canopy as follows: "A roof-like structure of a permanent nature that docs not project oVt:r a public right ofwav." (omit "public way") 3) In Section 17.5 "Signs Not Requiring Permits", I would make the following changes: (1) In subsection l7.5.4, "Flags", 1 would reword it to read: "Flags and insignias of any government agency that are displayed on structures constructed in connection with a non-profit organization, community or neighborhood center, church, public building or educational institution and do not exceed thirty-five (35) feet in height. b) In subsection 17.5.5 Historical Marks, I would reword it to read: ;'Non- ilIumilli1tt:J, non-reflective memorial signs or signs bearing the name of the building and date of erection, provided that said signs do not exceed twelve (12) square feet in area and are either carved into, embossed on or pennanently imbedded in stone, masonry, bronze or other non- combustible materials, in such a \-\lay that they are an architectural detail of a building. c) In subsection 17.5. 11 Contractor Signs, I would rewrite as follows: "Contractor signs not ~xceeding twenty-four (24) square feet in area and placed within the area to be constructed, remodeled, repaired. or1\ml down. This is to advise you that 1 have reviewed the proposed sign code ordinance, I make the following proposed revisions and/or observations: Dear l'vIr. Moore, RE: Updates to Proposed Sign Ordinance City III N. Main Owasso, OK 74055 3,2002 Stephen P. Gray & Associates Attorneys Jlt Law 4530 S Sfien'dan., Suite 205 TuCsa, O/(falioma 74145 Phone: 918-660-8118 (l:cu;; 918-660-8188 <6\~~~ ~\S'0 p,2 (918)660-8188 Steve Gra::; D ~c 03 02 1 2: 08 P OWD.sso\Owasso \,'Vloore!.: pdatc ----~~-....-'"'~~...~~q~~~--.-~-.~.-_~___=_4.~...'^_.......~.tl....""""'_._~_._....____....,.._~.""""""'~_"""__._"'-':::"'_""'.'-""""""''''''''__' 4) In Section 17.6. H\ I would reword to read as follows: c) l'\o sign shall be permitted within any public easernenL(Omit "whether the City retains access rights or not".) 5) a. In Section 17.6.2(c), I would rewrite to read a'i follows: b. In Section 17.6.10) r would rewrite this to exclude outdoor advertising signs along 169 <Inti licensed by ODOT. 6) In Section 17.6.3(a) we may wish to explore and furth~r refine the menning orthe term obscene, indecent or immoral matter. See attached City of Tulsa ordinance, Also, the word reasonable needs to be amended to reasonably. 7) a. In Section 17.8.2(b), it should be amended to reas as: "Such signs shall be permitted only in connection with a non-profit~, community or neighborhood cenler, church, !2.!db1i~ or educational institution. b. I would also observe that this supplies no for malls. c. 1 (1') should amended to read: "Such structures shall not be permi tted to extend a point ~ two (2) feet of curb line. " d. Sectoin 17.8.2 (HH) should be amended to read in part: "If said banner is in connection with a non-profit organiZ3Lh2..!l, community or neighborhood center, church, public building or educational institution,.." e. Section 17.8.2 (II)(3) needs to be rewritten as follows: "The requested time pedod for the banner shall be at least)O dm. An applicant may apply for additional 30 day periods not exceeding l2 in any olle year. The City Planner is authorized to issue permits for the 30 day period. Any additional 30 day periods miJY be granted if the City Planner finds the tollowing criteria: . H" 8) a. In Section 17.] 0.], permits required should be amended to read as follows: "Subsection b: It should be wl1awful to change, modify, alter, or otherwise deviate from the terrns or conditions of a sign permit without an approved amendment in writing by the City Planner." b. I would amend Section 17.10.1 (d) to read as follows: After a sign has been constructed, tile applicant shaH notify the community development director or his/her designee, who shaH inspect such sign, and approve the same jf it is in compliance with the plans submitted to the City and the provisions of this Code. The community development director or his/her designee may, from time to time, as be/she deems neces:mry, inspect all signs or other advertising structures as regulated by this Code, for the purpose of ascertaining whether it is in compliance with this Code or'whether it is secure, or whether it is in need of removal or repair. c. In Section 17.10.2 I would segregate paragraph b in two places. Subparagraph b should now read: '"All canopies, ropes, networks, banners, holiday decorations, posts, radial aerials placed in or projecting over or across any street, avenue, alley or sidewa.lk, shall be deemed nuisances unless constructed and maintained under the conditions ofLhis Code. d. Subparagraph c would state: "Permission may be granted by the Board of Adjustment..." Furthermore, subparagraph c becomes subparagraph d. e. Section 17.10.3, License Required, has a typo where it says, "erecting any signs or signs to be sued..." it should be used. f Paragraph 17.1 !.! with regard to material for awnings: you limit it to cloth and metal. What about plastic or other man-made materials? g. Section 17.11.3, Maintenance,.shouJd be re-worded to read as tollows: "All signs affixed or allached to the ground or surface and the premises surrounding the same should be maintained by the owner or occupant thereot~ and include p.3 (918)660-8188 Steve Gra~ D@e 03 02 12:09p I')WllSS0\Owasso \Moore Update P. Sincerely, clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish or weeds. The Community Development Director or his/her designee may inspect any signs or other advertising structures governed by this Code, Upon finding the sign is damaged or in need of repair, the Community Development Director or his/her designee may order the repair or removal of said . " slgn, 10.4 (918J660-8188 Steve Gra::J Dee 03 02 12: 0910 Dated at Owasso, Oklahoma, this 7th day of November, 2002. ~~ Robert Moore City Planner For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. The City Council's review of the recommendation of the Planning Commission on the proposed text amendment shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters, To be considered is a text amendment to the City of Owasso Zoning Code, Appendix F ~ Owasso Sign Ordinance, repealing said Appendix F entirely and replacing it with Chapter 17, Owasso Sign Code. that time and will staff initiated text amendment to 2002. Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Oklahoma, at 7:00 on the 9th day December, NOTICE TO THE PUBLIC 0]1" A HEARING ON A PROPOSED AlVIENDMENT TO THE ZOl\llNG ORDINANCE OF THE CITY OF OW ASSO, OKLAHOMA The Technical Advisory Committee reviewed the application at the November 27, 2002 Regular Meeting. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: Staff believes that OL is an appropriate zoning classification for the subject site. The applicant is requesting the lowest intensity of zoning classification that still meets the needs of the purchaser. An OL zoning category would limit the types of uses on the property to light office and studio facilities rather than large apmtment complexes or duplexes as allowed under the property's current zoning classification, RM-1. ANALYSIS: The applicant is proposing to rezone the subject property from RM-1 (Residential Multi-Family Low Density District) to OL (Office Low Intensity District) in an effort to convert the existing church to office uses. The City of Owasso has received a request on behalf of Central Baptist Church, owner, for the review of a rezoning application for approximately 2.02 acres +/-. The subject property is located at the southeast corner of the Birch St. and 2nd St. intersection, further described as Lots 1 - 6, Block 9, Original Townsite of Owasso. general area map has been included with your packet. BACKGROUND: December 10, 2002 DATE: HONORABLE MEMORANDUM 1. General Area Map. Planning Commission Staff Report. 3. Legal Advertisement. Letter to Surrounding Property Owners. ATTACHMENTS: Staff recommends City Council approval of 02-08, thus rezoning Lots 1 -~ 6, Block Original Townsite of Owasso from RM-1 (Residential Multi-Family Low Density District) to OL (Office Low Intensity District). Council If the request is approved, an ordinance will be presented at the January 7, 2003 meeting formally adopting the approval. The City of Owasso Planning Commission on Monday, December 9, 2002 heard the OZ-02-08 application. The Owasso Planning Commission unanimously recommended approval of the request. PLANNING COMMISSION: Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax. 918.376,1597 I 6IIITtJ Etj EEl . - '""' ".- -- -~-~ ~=-~- I II J I I I I I CITY OF OW ASSO I uENERAL AREA MAP OZ-02-08 I Central Baptist Church Section 0, TIN, R 14 E I ~ \.. I - - I I I r=R I COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of public/institutional. The Church is under contract to sell the facility to the Cherokee Housing Authority, which would use the facility to house the organization's Owasso offices. Staff feels that the proposed use, given the nature of the Cherokee Housing ZONING REQUIREMENTS If the application is approved, the subject property would be zoned OL (Office Low Intensity District). According to the City of Owasso Zoning Code, an office falls within Use Unit 11 (Offices and Studios) and is permitted by right in the OL zoning district. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: RM-l (Residential Multi-Family Low Density District) East: RM-l (Residential Multi-Family Low Density District) West: CH (Commercial High Intensity District) PRESENT ZONING RM-l (Residential Multi-Family Low Density District) SURROUNDING LAND USE North: Residential - Single Family South: Residential ~ Single Family East: Public - Owasso Public Schools West: Public - City of Owasso City Hall EXISTING LAND USE Institutional -. Church LOCATION The subject property is described as Lots 1, 2, 3, 4, & 6, Block 9, Original Townsite of Owasso, Tulsa County, Oklahoma further described as 109 N. Birch St., Owasso, OK. City of Owasso has applicant, on behalf of Baptist Church, owner, the review of a for approximately 02 acres +/-. The subject property is located at the southeast comer of the Birch and 2nd intersection. The applicant is proposing to rezone the subject property from RNl-1 (Residential Multi-Family Low Density District) to (Office Low Intensity District) in order to accommodate office and/or studio uses. QZ-02-08 (Central Baptist ST AFF CITY OF OW ASSO COlVIMUNITY DEVELOPMENT DEPARTMENT A TT ACHlvIENTS 1. General Area Map. 2. OZ-02-08 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOlVnVIENDA TION Staff recommends approval of OZ-02-08, rezoning Lots I, 2, 3, 4, 5, & 6, Block 9, Original Townsite of Owasso from RM-1 (Residential Multi-Family Low Density District) to OL (Office Low Intensity District). TECHNICAL ADVISORY COMMITTEE The rezoning was reviewed at the November 27, 2002 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. Ifthis Commission approves this application, this item will be forwarded to City Council. However, this case will largely depend upon public input. Staff has received several phone calls regarding the application that were of a questioning nature and not in opposition of the request. Statf does not anticipate public opposition to the request for OL zoning, and feels that surrounding property owners will likely be in favor of removing the RM-I zoning classification. Letters were mailed to surrounding property owners on November 7,2002 and the legal advertisement was published on November 14,2002. The subject property was posted on November 7,2002. Copies of both the letters to property owners and the legal advertisements are attached for your information and review. is supportive of the application for several reasons. First, the applicant is requesting lowest intensity of zoning classification that meets the needs of the purchaser. Staff is supportive of the OL classification due to its limitation on higher intensity uses. Second, staff feels that the impact on the surrounding property owners would be reduced with an zoning classification. The current zoning of the property is RM -1, which would allow, among other uses, large-scale apartment complexes and duplexes. Staff feels that the OL zoning classification would prove to be more appropriate than RM-l based on the amount traffic, both pedestrian and vehicular, the potential for audible pollution and the impact on the City's infrastructure. previously stated, the applicant is requesting this rezoning in order to accommodate uses for the Cherokee Housing Authority. Staff, along with the Fire Marshal and Building Inspectors, have completed a preliminary "walk-through" with the property owner potential purchasers. walk-through was an effort to information to occupancy of the building. Authority's business, could reasonably be considered public/institutional in nature, thereby being consistent with the Owasso 2010 Master Plan. Dated at Owasso, Oklahoma, this 7th day of November, 2002. <'-'---;;:4 r;/ --- t.<.t---tu~ Robert Moore City Planner A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. To be considered is a rezoning of approximately 2.06 acres +/- from RM-l (Residential Multi-Family Low Density District) to OL (Office Low Intensity District). The property is further described as the southeast corner of the intersection of Birch St. and 2nd Street, Owasso, OK. LOTS 1,2,3,4,5, & 6, BLOCK 9, ORlGINAL TOWNSITE OF OWASSO, TULSA COUNTY, OKLAHOMA that time and place, consideration will given to the proposed change of the zoning classification of the following described property: Notice is hereby given that a public hearing will be held before the Owasso PImming Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 on the 9th day December, 2002. APPLICATION: OZ~02-08 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AL"IENDl\'IENT TO THE ZONING ORDINANCE OF THE CITY OF OW ASSO, OKLAHOJ\ilA a2t-~ Robert Moore City Planner Sincerely, Dated at Owasso, Oklahoma, this 7th day of November, 2002. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Lots 1, 3, 4, 5, & 6, Block Original Townsite of Owasso, Tulsa County, Oklahoma, further described as the southeast corner of the intersection of Birch St. and 2nd Street, Owasso, Oklahoma. Notice is hereby given that a public hearing will be held before the Owasso Plmming Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 9th day of December, 2002. At that time and place, the Owasso Planning Commission will consider a request from Terry Craig, applicant for owner, for a proposed change of the zoning classification from RM-1 (Residential Multi-Family Low Density District) to OL (Office Low Intensity District), which would allow the site to be utilized for office and studio facilities. The subject property is described as follows: com ~---==---......- .v"'~1 ~1!.o o~" ~ r +c~ ", '. ... /. // I, ... ,pF. ----::-~~_:._: '\ "'.\~~ \ ~~/ (.:-': .~, ';. '\ /4"' c.,....:;.~. _.! \, r*( 1\", " '::'.~~~." J'.' )*,.1 ., ~r:~lf v~ ' .,1 '\ '\'~-"/ J j \ \'.~~~/ ,/ / \<~~}~;~t~~~" ",' 111 North l\dlain 1 City of O~vasso Department of COlnmunity Development The Technical Advisory Committee reviewed the application at the November 27, 2002 Regular Meeting. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: Staff believes that CS is an appropriate zoning classification for the subject site. The City of Owasso 2010 Master Plan classifies the propeliy as having a future land use of high intensity commercial. By approving the request for a CS zoning classification, staff feels that the implementation process of the Master Plan will be further expedited by assisting the parcel to the south in transitioning to a commercial use. Additionally, staff finds that the transportation and utility infrastructure serving the site are adequate for CS zoning. ANALYSIS: The applicant is proposing to rezone the subject property from RE (Residential Single Family Estate District) to CS (Commercial Shopping District) to allow for convenience shopping uses, primarily restaurants. The City of Owasso has received a request for the rezoning of approximately 5.00 acres +/-. The subject property is located approximately 2400 feet north of the E. 96th St. N. and N. 129th East Ave. intersection. A general area map has been included with your packet. BACKGROUND: December 10,2002 DATE: THE HONORABLE MEMORANDUM 1. General Area Map. Planning Commission Staff Report. 3. Legal Advertisement. Letter to Surrounding Property Owners. ATTACHMENTS: Staff recommends City Council approval of 02-09, thus rezoning approximately 5.00 acres +/ ~ fi:om RE (Residential Single Family Estate District) to (Commercial Shopping District). Council at the January 7, 2003 If the request is approved, an ordinance will meeting formally adopting the approval. The City of Owasso Planning Commission on Monday, December 9, 2002 heard the OZ-02-09 application. The Owasso Planning Commission unanimously recommended approval of the request. PLANNING COMMISSION: Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax, 918,376,1 F OW ASS L AREA MAP OZ-02-09 VICCI NANCE 1, 1 N, 1 E 96TH E, AVE. o~ "-- l- I I I I I I I - I I I I COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of high intensity commercial. Staff feels that the proposal is consistent with the Master Plan in that the applicant is proposing a commercial zoning classification and use that are considered low intensity commercial and non-residential in nature. ZONING REQUIREMENTS If the application is approved, the subject property would be zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code, a restaurant, other than a drive-in, falls within Use Unit 12 (Eating Places Other Than Drive-Ins) and is permitted by right in the CS zoning district. SURROUNDING ZONING North: RE (Residential Estate District) South: OL (Office Low Intensity District) East: RE (Residential Estate District) West: RS-3 (Residential Single Family High Density District) PRESENT ZONING RE (Residential Single Family Estate District) SURROUNDING LAND USE North: Vacant South: Vacant East: Residential ~ Single Family West: Vacant EXISTINy LAND USE Vacant LOCATION See attached legal description. The of a request from applicant, on behalf owner, for the a rezoning for approximately 5,00 acres +, subject property is located approximately 2400 feet north of the 96th N. and intersection. The applicant is proposing to rezone the subject property from (Residential Single Family Estate District) to (Commercial Shopping District) in order to accommodate restaurant uses, OZ-02-09 (Vied Nance) CITY OF OWASSO COlVlMUNITY DEVELOPlVIENT DEPARTlVIENT ATTACHlvIENTS 1. General Area Map. 2. OZ-02-09 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOMMENDA TION Staff recommends approval of OZ-02-09, rezoning approximately 5.00 acres +/-, from RE (Residential Estate District) to CS (Commercial Shopping District). If this Commission approves the application, this item does require City Council approval. TECHNICAL ADVISORY COMMJTTEE The rezoning was reviewed at the November 27, 2002 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for CS zoning, and feels that surrounding property owners will likely be in favor of having restaurants nearby thereby adding certain neighborhood services not currently in place. Letters were mailed to surrounding property owners on November 7,2002 and the legal advertisement was published on November 14, 2002. The subject property was posted on November 14,2002. Copies of both the letters to property owners and the legal advertisements are attached for your information and reView. Staff finds that little, if any significant impact would occur on the surrounding property owners if this application were approved. The conclusion comes primarily from staff's commitment to reducing the impact on residential areas from commercial developments by requiring detention, screening and / or fencing and landscaping at the time of constmction. Staff did have initial concerns regarding the fact that the applicant is requesting a "leap- frog" zoning classification. Typically, staff would less supportive of an application that, much like this application, requests a zarling classification order along the same street frontage from south to north (Commercial Shopping District) (Office Low Intensity District)-. (Commercial Shopping District). However, staff believes that in this particular case, leap-fragging the zoning classification would help expedite the implementation process of the Master Plan by assisting the parcel to the south in transitioning to a commercial use. Additionally, staff finds that the transportation and utility infrastructure serving the subject tract are adequate for CS zoning. ANAL YSIS As previously stated, the applicant is requesting this rezoning in order to accommodate commercial shopping uses, primarily restaurants. Staff feels that restaurants are an appropriate use given commercial development to the south and the similar, associated uses in nearby development and in the Owasso Market. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. To be considered is a rezoning of approximately 5.0 acres +/- from RE (Residential Estate District) to CS (Commercial Shopping District). The property is further described as 10012 N. 129th E. Ave., Owasso , OK. A 5.0 acre tract of land in the E V2 of the E 1/2 of Section 17, T 21 N, R 14 E of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract being described as follows, to wit: Beginning at the East Quarter Corner of Said Section 17, thence northerly along the easterly line thereof for 9.80 feet; thence westerly along a deflection angle to the left of 90 degrees 00'37" for 688.16 feet; thence southerly along a deflection angle to the left of 89 degrees 59 '23" and parallel to the easterly line of Section 17 for 326.39 feet; thence easterly along a deflection angle to the left of 91 degrees 39'27" for 688.45 feet to a point on said easterly line of Section 17; thence northerly along a deflection angle to the left of 88 degrees 20'33" and along said easterly line 01'296.80 feet to the Point of Beginning of said 5.0 acre tract. that time and place, consideration proposed change of the zoning classification described property: Notice is hereby given that a public hearing will be held before the Planning Commission, in the Owasso Community Center, Oklahoma, at 7 P on the 9th day , APPLICATION: OZ-02-09 NOTICE TO THE PIJBLIC OF A HEARING ON A PROPOSED AL'VIENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OW ASSO, OKLAHOiVIA Moore City PlaILner 11 A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, III N. Main Street, Oklahoma 74055, or phone 18) and place to be determined by the Council, said information to be available from the Owasso City Planner. As an abutting or nearby property owner, you are being notified so that you. may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. A 5.0 acre tract of land in the E V2 of the E If" of Section 17, T 21 N, R 14 E of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract being described as follows, to wit: Beginning at the East Quarter Corner of Said Section 17, thence northerly along the easterly line thereof for 9.80 feet; thence westerly along a deflection angle to the left of 90 degrees 00'37" for 688.16 feet; thence southerly along a deflection angle to the left of 89 degrees 59'23" and parallel to the easterly line of Section 17 for 326.39 feet; thence easterly along a deflection angle to the left of 91 degrees 39'27" for 688.45 feet to a point on said easterly line of Section 17; thence northerly along a deflection angle to the left of 88_degrees 20'33" and along said easterly line of 296.80 feet to the Point of Beginning of said 5.0 acre tract, further described as 10012 N. 129th E. Ave., Owasso, OK. Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 9th day of December, 2002. At that time and place, the Owasso Planning Commission will consider a request from Vicci Nance, applicant for owner, for a proposed change of the zoning classification from RE (Residential Estate District) to CS (Commercial Shopping District), which would allow the site to be utilized for commercial and restaurant uses. The subject property is described as follows: (918) 376-1540 FAX (918) 376-1597 Inspediol1s-376-1 HI North ]'\iIain Street Box 180 City of Owasso Department of Community Development at Owasso, Oklahoma, this lIth day November, 2002. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. 1. The City of Owasso City Council must approve the application. The Owasso Technical Advisory Committee reviewed the application at their November 27,2002 regular meeting. At that meeting the following comments were received. TECHNICAL ADVISORY COMMITTEE: The stmcture actually encroaches the easement by l' foot, not the 2' feet requested in the easement closure application. Staff is supportive of the application simply because the request if approved, would still meet the PUD/RS-3 setback requirements. If the application were approved as originally submitted, the applicant would be required to receive additional approval from the City of Owasso Board of Adjustment. Staff was informed that the applicant is requesting the closure based on the incouect placement of a single family structure within the easement. The encroachment was made primarily out of confusion between the easement location and the RS-3 (Residential Single Family High Density District) setback requirements. ANALYSIS: The City of Owasso has received a request for the closing of the nOlihem 2' feet of the southern 11' foot utility easement for Lot 43, Block 6, Sawgrass Park at Bailey Ranch. The subject property is located approximately 125 feet north of the E. 103rd 8t. N. and N. 115tl1 East Ave. intersection, finiher described as 10305 N. 115tl1 East Ave. A general area map and plot plan have been attached for your information and review. December 9,2002 DATE: SIMMONS HOMES ORDINANCE # 731 MAYOR MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report. 3. Plot Plan. 4. Sawgrass Park at Bailey Ranch Final Plat. 5. Ordinance No. 731. ATTACHMENTS: Staff recommends Council approval of Ordinance No. 731, thus closing the nOlihern l' foot utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch subject to the following conditions: 1. The applicant must provide an official copy of the easement closure to the Community Development Depmiment. 2. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. RECOMMENDATION: Monday, 2002, the Planning Commission unanimously approval the request to close the northern l' foot utility easement Block Park at Bailey Ranch. Ordinance No. 731, attached your review, would allow the to close the above described utility easement. 2. The applicant must provide an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax. 918.376.1597 I Partial Easement Closure (Simmons Homes) Lot 43, Block 6 Sawgrass Park at Bailey Ranch ITY OF OW ASSO GENERAL AREA MAP I I I ~ v x:V\.~I@~~ I- ~~:~t Il ~1~~1 ~I.~ ~t:: "t =I I , c1:::Jk'WIT 'Ii I'" lr ~ IT B ,- AN/m . 11_ U t: - ::J h-'^ ; '-. 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'" ~(lT1 ILl N 'A" ,-,---1:::1 ):l-,H-n I ~ ~ _. ~ "1II!ti "Ht1=J B7 ~ ~ rm 'iJd- I ~~ - ~ ~ .~ -I --; - PUD I RS-3 '=--=-j "-1 ,.--.-<--.- ~"- U~~_~ PE .==-! rl~;[dH1 r I I I NOT TO SCALE t-I I ~ IJ I I -, 106M ~ME[!Jf1krHI . .fIIT . ~ ANALYSIS The applicant is requesting to close the northern 2' feet of the southern 11' foot utility easement located on Lot 43, Block 6, Sawgrass Park at Bailey Ranch. Staff was informed by the applicant that the encroachment was made primarily out of confusion between easement locations and setback requirements. The applicant set the foundation to meet the PUD/RS-3 setback requirements and not the platted easement location. SURROUNDING ZONING North: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) South: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) East: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) West: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) PRESENT ZONING PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) SURROUNDING LAND USE North: Vacant South: Residential - Single Family East: Vacant West: Vacant EXISTING LAND USE Residential - Single Family LOCA TIO~ The subject property is located approximately 125 feet north of the l03rd St. N. andl151h E. Ave. intersection, further described as 10305 N. 115th E. Ave. applicant, on behalf of southern 11' foot The subject property intersection, A has a request from Brian owner, closing of northern easement , Block 6, Sawgrass at is located approximately 1 feet north of the 103 rd N, and II plan and a general area map are included with your packet. PARTIAL EASEMENT (Simmons Homes) REPORT CITY OF OW ASSO COMlVllJNITY DEVELOPlVIENT DEPARTMENT A TT ACHlVIENTS 1. General Area Map. 2. Easement Closure Application. 3. Sawgrass Park at Bailey Ranch Final Plat. RECOMl\1ENDA TION Staff recommends conditional approval of the request to close the northern l' foot of the southern 11' foot utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant provides an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 27, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the easement closure. 2. The applicant provides an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. 4. Oklahoma Natural Gas Company wanted to clarify that the easement closure did not include the perimeter easements on the west and the east of the property. If approved by the Planning Commission, this item does require City Council Action. finds if no reason to not approve the applicant's request, contingent upon a l' approval and not the the applicant requested. Without Planning Commission and ultimately, City Council approval, the applicant would required to l' foot off the entire southern portion of the structure. Staff is unaware of any instance within the where this has occurred. The structure actually encroaches the easement by l' foot, not the 2' feet requested in the easement closure application. Staff does not oppose closing the northern l' foot of the easement primarily because the application, if approved, would still meet the PUD/RS-3 zoning district setback requirements. If the application were approved as originally submitted, (taken into consideration a 2' foot closure), the applicant would also be required to receive approval from the City of Owasso Board of Adjustment. ME Ln 0 0 ci LO N-� 1 (10 0 p m 0 Ln N'l1N 1. "A rt 120-00' LU PP F— C-11 SAWGRASS PARK LOT- 43 BLOCK: 6 OWASSO, OK. SECTION 17 7 21-N R-14-E P OSE FVIONT-A-2CAR-L 02-0 - BERRY RESIDENCE 10305 N.115th E AVE, SA WGRASS SURD 1 8 a c house W=49'-O" D=52'-6 H=21'-O9➢ ')00 S gg FRONT 25 SIDES 5'1 119 FOR UTIL REAR 20' NOTE: ** *ALL DIMENSIONS ARE CRUCIAL*** THE PLAT' SOOK - TULSA COUNTY - COPYRIGHT 2002 ROY MALERNEE, CITY MAP SEi:RVICE TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER BAStS or efNiU/GS: A$SUU( lHE: WEST LINE or SJJ() S(CTIOU AS IJ nl'IO'19~ w. 0Id-a~ I'htOlhud l.ctwI s.v.r.~yw "'::IIe! CAbJD32 (0.) C~~IU l>>/:!oJO.1 " " UCAt. OCStrnPJl()N .a TRACT or t..a.NO l.DC\ffO l'J l'Hl 't't'fST HAlr or SlCJlOI1 17. 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Slohl of 0Il14'1l4m<I To I'" but 8' my hw:...It<ftt. 1118 ~'p1"111 er'l4c~\JfGl'rlfPl"lnlclklnc't"idWNrt HOT[: All lGl' COOm;1t PUIS 5I-U1l floE sn AT C1:tIPt(llOO OF COHSTRl.r.:TIO~I, ..- ~o ?~ r" BAILEY RANCH ESTATES r~- ~- ~~ RESERVE AREA #f CL: r--, ---' 7, ---< ~ ;",., ~~~~ q"".v~,/ .r SECTlOl'I 17 N 88'4J'18" e ---'---lil~f!!!!.-- ,,'" I,'4'II(fI T .., .. tJ"'''~. "1- 1" '>I I ~ , I I I ::1 I I I ill I I 'f' I . -. "" j I I'" · 'EI I I . . 0" ..,,_ I I I" 9 ~ I II .,,,.. :Ij n'q", ~l ~ I ----I I " "l&-'-I-- I '<M.:>.'I"....., "0' I IIlI B ~ I. t I "0,",, '" I~ ,; .,,- ='1,. I ' ~ '~i~-~ ' I 'w '-' r-- n...,' _J - , --< ~ Sfl! 5324 ACRES l7il LOTS T 21 N PARK RANCH SAWGRASS AT BAILEY 5588 PLAT NO. WEST I' ART DEC.28,200 1 DA TE FILED Stephen P. Gray, City Attorney APPROVED AS TO FORM: Michael Helm, Mayor Marcia Boutwell, City Clerk City of Owasso, Oklahoma ATTEST: PASSED AND APPROVED this 17th day of December, 2002. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation oflaw unless released in writing by the owners thereof. The northern l' of the southern 11' utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch Addition to the City of Owasso. Section 1. The following described utility easement, be, and the same is hereby closed to the public use, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders of a n:anchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; Park at The northern l' of the southern 11' utility easement of Lot Block 6, Bailey Ranch Addition to the City of Owasso. said utility easement is described as follows: WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility easement; ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A PORTION OF LOT 43, BLOCK 6, SAWGRASS PARK AT BAILEY RANCH ADDITION, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OW ASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OW ASSO ORDINANCE NO. 731 The Owasso Teclmical Advisory Committee reviewed the application at their November 27,2002 regular meeting. At that meeting the following comments were received. TECHNICAL ADVISORY COMMITTEE: The site plan for Lot 1, Block 2, Ram Plaza was approved by the Planning Commission on May 7, 1996. According to staff at the time, stormwater detention issues for the site were incorporated into the approved plans for Warehouse Foods (now Dickinson Theatre) and the Owasso Ninth Grade Center (now Mid-High School). Stormwater detention facilities on the Dickinson Theatre and Mid- High School are more than adequate to handle stormwater run-off from Lot 1, Block 2, Ram Plaza Addition. The applicant is requesting the stormwater easement closure to allow the existing structure to remain by right in lieu of as a non-conforming structure. Non-conforming structures are allowed to remain until such time that destroyed beyond 50%, structurally altered or moved in any way. When a condition as described above exists, the owner of must bring the structure up to the CUlTent provisions of the City of Ow as so Zoning Code. ANALYSIS: The City of Owasso has received a request for the closing of the stormwater detention easement located on a portion of Lot 1, Block 2, Ram Plaza Addition. The subject property is located approximately 500 feet west ofthe E. 86th PI. N. and N. 129th East Ave. intersection. A general area map has been included with your packet. December 9,2002 DATE: ORDINANCE # 732 THE HONORABLE MEMORANDUM 1. General Area Map. Planning Commission Staff Report. 3. Community Development Staff Report (May 7, 1996) 4. Ram Plaza Final Plat. S. Ordinance No. 732 ATTACHMENTS: Staff recommends Council approval of Ordinance No. 732, thus closing the stormwater detention easement located within Lot 1, Block Ram Plaza Addition, subject to the following conditions: 1. The applicant must provide an official copy of the easement closure to the Community Development Department. RECOMMENDATION: Monday, December 2002, the Planning Commission unanimously recommended approval of the request to close the stormwater detention easement located within 1, Addition. Ordinance # attached for would allow the to the above described utility easement. 1. The City of Owasso City Council must approve the application. 2. The applicant must provide an official copy of the easement closure to the Community Development Department. - I-LJ 86TH E. AVE. tta ~ I CITY OF OW ASSO Community Development GENERAL AREA MAP Department I 111 N. Main EASEMENT CLOSURE Owasso, OK 74055 I David and Sara Wilson Ph. 918.376,1543 Section 20, T IN,R14E Fax, 918.376.1597 ANAL YSIS The applicant is requesting to close the stormwater detention easement located within Lot 1, Block 2, to allow the existing retail structure to remain by right in lieu of as a non- conforming structure. Non-conforming structures may remain until such time they are remodeled, destroyed beyond 50% or structurally altered. At such time when one or any of the above conditions exist, the owner is required to bring the structure up to the current provisions of the zoning code. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Residential Single Family High Density District) East: PUD/CS (Planned Unit Development/Residential Single Family High Density 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 - Recreational EXISTING LAND USE Retail - Vacant LOCATION The subject property is located approximately 125 feet north of the l03rcl St. N. and 115th E. Ave. intersection, further described as 12701 86th PI. N. The City of has a request from and Sara Wilson, applicant/owner(s), for the closing of the stormwater detention easement on a portion of Lot 1, Block Plaza Addition. The subject property is located approximately 500 feet west of the 86th Pi. N. and 129th E. intersection. A site plan and a general area map are included with your packet. EASEMENT CLOSURE (Ram Plaza) STAFF CITY OF OW ASSO COMlVIUNITY DEVELOPlVIENT DEPARTlVIENT ATTACHMENTS 1 . General Area Map. 2. Easement Closure Application. 3. Community Development Staff Report (May 7, 1996). 4. Ram Plaza Final Plat. RECOMMENDATION Staff recommends conditional approval of the request to close the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant shall provide an official copy of the easement closure to the Community Development Department. TECHNICAL ADVISORY COl\tIMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the easement closure. 2. The applicant shall provide an official copy of. the easement- closure to the Community Development Department. If approved by the Planning Commission, this item does require City Council Action. Staff finds little, if no reason to not the applicant's request. Without Planning Commission and ultimately, City Council approval, at such time a remodel were proposed, the applicant would be required to remove portions of the existing structure. Staff is unaware of any instance within the City where this has occurred. The site plan, including the encroachment, for the subject property was approved on May 7, 1996 by the City of Owasso Planning Commission. The Community Development Department staff report dated May 7, 1996, is attached for your review. According to staff in 1996, stormwater detention issues for Lot 1, Block 2 were incorporated into the approved plans for the Warehouse Foods (now Dickinson Theatre) and Owasso Ninth Grade Center (now Mid-High School). According to staff at the time, stormwater detention facilities on the Dickinson Theatre and Mid-High School properties were more than sufficient to accommodate stormwater run-off from Lot 1, Block Ram Plaza. nothing in the Community that would indicate the contrary. , Location map. Site plan. 1. 2. . A TTACIIMENTS/ENCLOSJJRES: Staff would recommend approval of the proposed site plan as presented with the condition of a pre-construction meeting with staff prior to obtaining of the building permit. RECOMMENDATION: The site plan was reviewed by the TAC Committee at their May 1, 1996 meeting. No comments or concerns were voiced by the utility companies and/or staff. Staff would recommend the inclusion of a pre-construction meeting with city personnel prior to obtaining'the building permit. Storm water detention for this site has been addressed through the development of the Warehouse Foods (Food Lion) property which was required to develop with an oversized detention basin in its northwest corner, - This area, along with the large area detention area developed by the Ninth Grade Center, is more than adequate to meet any stormwater detention requirements . Review of the site plan by staff indicated that all necessary parking requirements have been met by the applicant as 33 parking spaces would be required by the applicant (1 space per 300 square feet of floor area) and 37 have been provided. A landscaped area has also been indicated on the site plan, Michael D Roark has submitted a site plan for a retail hardware store to be located on a portion of Lot 1, Block 2 of Ram Plaza Addition. The subject property is located immediately east of the Warehouse Foods property and the portion of the lot to be utilized was created via a recent lot split heard before the Planning Commission. A location map is enclosed for your information and review. BACKGROIlNDl 1 TIMOTHY ROONEY THE PLANNING CO.MMISSION CITY OF OW ASSO TO: MElVIORAND UM THE: PLAT ElOOK: OF TULSA COUNTY ~ COPYRIGHT 199J~ Ray MALERNE:E:. CiTy MAP SE:R'IICE:, INC. TULSA F'E:OE:RAL LAW PROH!SIT5 REPROOUCTiON FOR ANY PURPOSe: WITHOUT PER~,1!"''''fF'''' FIe" ,_~~..._. r~ Cl":l4'A'(4' SIC. .."'Ct r"'l1qal, N...I<t~( 86TH 717.97' S 89055'26" W NOR'r.'-I ~0f'm:1">O#.'(j iI~ ~ '<>'l.<>~~~ ST!]fET "I _ tilAlPMJ -;f.~ir;V - V I:/lCO' 609.J!" L ~ ::: " 3 32.1'" 10000' AI sg'J,j'u" . 5 ~I~ I ::! zco.OO' ~, 1CiJ.1JtY ~~ ~.C...~~.. 33' <M'_ ! '" ~I'~ ~~ '" 2 UNP/ArrE:lJ em WitJM, ,I:f;t';g"$$ ~ /U',W;$ L. J16tJa. Pl'. !IW:: COHSUl/Wi: ~ t- ,tJI~ I1j,$.j HOIUM lIlrN CASt' Av,v,'U(' Om.\S..ra CVf. 18-{jfJ,j (0/0) 171-?3:J2 oonaom- ~'" l!"~1P, tl..C: :UtJ J.UOAw:r SHV. CLA/I~ ~ 7l!J/(J;P (1JIS) .]41=-JI::JJ' ~ [J ~~fOP"..u4)"ffJN ~tr.J !JY .'14$ pur.. EAST " .., 1 ~ ~ ~ ;;; Ci <::l "'( ~ '" ~ is " ~ ..., "," ~~ ~~ ~ ~C:,' ~C) ~~ <:::\- 1 ~] ~o ~C) ;;;:q ~~" C:\- DUE: l:4sr 30.00' 'It ';t ~ " t'- T ~ 21 '" ~ N ~ ~ LOCA 170N MAP .,.,. ~ COMPANl' !t>J. J;ASi' J,jlW PlACe m>>-\ ~ uuo (iNS) IJOJ=ij1)3iJ ~""" PUD NO" 11 AN IUJOmON TO THE: cm OF OWASSO, TUlSA COUNTY. STATE: OF OKLAHOMA If PLANNED UNfT OfYfLOPME:NT IN THE: SOUTHE:AST QUARTE:R OF SE:CnON 20, TOWNSHIP 21 NORTH, RANCE: 14 !'AST 1:1~~ 4~. . '" "l.l~ ':tMI' t~V" PLAT NO.. 4945 z PL RAM ......... '1NJ;H >"illH ~.l' N..':' AUG~ 26. 1993 l'JA TE FILED Stephen P. Gray, City Attorney APPROVED AS TO FORM: Michael Helm, Mayor Marcia Boutwell, City Clerk City of Owasso, Oklahoma ATTEST: PASSED AND APPROVED this 17th day of December, 2002. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. The southwest stormwater detention easement of Lot 1, Block 2, Ram Plaza Addition to the City of OWflSSO. Section 1. The following described stormwater detention easement, be, and the same is hereby closed to the public use, to-wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAlIOMA, THAT, The southwest stormwater detention easement of Lot 1, Block 2, Ram Plaza Addition to the City of Owasso. said stOI'lnwater detention easement is described as follows: WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain stormwater detention easement; ORDINANCE CLOSING TO THE PUBLIC USE A STORMW ATER DETENTION EASEMENT LOCATED WITFDN A PORTION OF LOT 1, BLOCK 2, RAM PLAZA ADDITION, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OW ASSO, OKLAHOMA, THE ABSOLUTE RlGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OW ASSO ORDINANCE NO. 732 The issue is simple; the current language in Section 17-206 prohibits the hauling or transport of any trash or refuse on any city street unless that hauler has a permit from the City of Owasso to collect commercial waste. Certainly the intent ofthe language was not to prohibit someone from collecting waste in Collinsville and transporting it through Owasso, but rather to require a permit for the collection and transport of waste "collected" in Owasso. Thus, the literal interpretation and enforcement of the existing language exceeds the practical powers granted to the City. THE ISSUE: Recently, however, Mr. Gray was notified by the plaintiffs attorney that the lawsuit would be dismissed only when a second action of repealing Section 17-206 was accomplished. At the time of that request, both the City Attorney and City Manager had been under the impression that the repeal of the permit fee was the only "immediate" action necessary for the plaintiff to dismiss the lawsuit (see paragraph entitled PROPOSAL on page 2 of the November 14th memorandum). However, there h~d been a request to modify Section 17-206 of the "Code of Ordinances" in the "near future" because of language that went beyond the intent of the Oliginal ordinance. On November 19,2002, the City Council adopted Ordinance #727, wherein the City's permit fee for the collection of commercial refuse was repealed. The action was taken based on the recommendation of the staff and City Attorney as a method of resolving a lawsuit against the City filed by American Waste Control Inc. (See attached memorandum dated November 14th for complete information and background.) BACKGROUND: December 12,2002 DATE: & ,; MEMORANDUM 1. Proposed Ordinance #728 2. Memorandum Dated November 14, 2002 3. Ordinance #638 ATTACHMENTS: The staff recommends City Council adoption of Ordinance #728, such ordinance repealing the existing language contained in Part 17, Chapter 2, Article B, Section 17-206 of the Code of Ordinances, and adding a new Section 17-206 as shown in the attached ordinance. RECOMMENDATION: The Oklahoma Statutes, 11 Article XIV, Section 14-103, allow for the attachment of an "emergency clause: to ordinances when, in the opinion ofthe City Council, in order to protect the interest of the citizens, an ordinance should become effective immediately upon passage. In the case of this ordinance, the staff believes that the attachment of an emergency clause is critical to the settlement of the pending legal action. Therefore, declaring an emergency could clearly be shown to be in the best interest of the citizens of the city. EMERGENCY CLAUSE: This request is for City Council Action to adopt Ordinance #728. Should the Council adopt the proposed ordinance, new language would reflect the intent of the original and would respond to the the plaintiff, thus resulting the dismissal REQUEST: ORDINANCE #728 DECEMBER 12,2002 PAGE 2 Stephen P. Gray, City Attorney APPROVED AS TO FORM: Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAIfOMA PASSED AND APPROVED this 17th day of December, 2002. SectiOI!1 Two: The provisions of this ordinance shall become effective immediately upon passage and publication as provided by state law. It is unlawful and a public offense for any person to collect any trash, refuse, rubbish, garbage and/or waste within the City of Owasso and to haul such trash, refuse, rubbish, garbage and/or waste upon or over any of the streets, alleys or highways of the city unless such person shall first have procured a permit as herein provided. $ECTION 17-206 COLLECTION AND HAULING OF WASTE WITHOUT A PERMIT That Part 17 - Utilities, Chapter 2 Garbage and Refuse Collections, Article B, Section 17-206. Use of Street, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed, and a new Section 17-206 is adopted to provide as follows, to-wit: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ole TO-WIT: AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2, GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17-206, USE OF STREET, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, REPEALING SAID SECTION 17-206, AND ADOPTING A NEW SECTION 17-206 RELATING TO COLLECTION AND HAULING OF WASTE WITHOUT A PERMIT, AND DECLARING AN EMERGENCYo ORDINANCE NUMBER 728 CITY OF OW ASSO, OKLAHOMA However, the actual impact of the fee pelmit was to significantly increase revenues to the City. That increase eventually served to call attention to the fee by local businesses and one of the permit holders, American Waste Control. Then, on August 31, 2001, American Waste Control filed a lawsuit in District Court against the City of Owasso, claiming that Ordinance #638 is illegal and void due to law that prohibits the imposition of a "licenses tax" on waste collection, as well as claiming that the ordinance exceeds the "police powers" granted the City by the State. Additionally, the lawsuit claimed that Section 17-206 of Ordinance #638 is in violation of Oklahoma Statutes (47 O.S. section 1148) in that the ordinance exceeds the City's authority to prohibit the use of city streets (inadvertently, the ordinance prohibited the transport of any trash on any city street unless the transporter had a city permit, thereby making it illegal for a hauler to pick up trash in another city or from a non-city resident and then transport that refuse through the city to a disposal site, very clearly exceeding the authority of the City). It should be noted that American Waste Control, as of August 3l, 2001, has not co Hected from their customers nor paid Generally, Ordinance #638 established a fee of $3.50 per yard of collected commercial waste to be paid to the City on a monthly basis. That fee was adopted based on calculations performed by the Public Works Department. Those calculations were accomplished utilizing data from the City's contract during the previous year and supplemental information supplied by other "haulers" on a voluntary basis. It appears that one goal of the new ordinance was to ensure that the fees generated by the "pelmit fee" were equal to the revenue collected from the "contract" system then in use. April 2000, the City Council adopted Ordinance #638 (attached), such ordinance for the purpose of establishing a commercial waste collection pelmit and applicable fees for that pelmit. The ordinance was adopted in an effort to remedy a concern that the City Attorney had relating to the legality of the "exclusive" contract method the City had previously utilized to collect commercial waste within the boundaries of the city. BACKGROUND: November 14,2002 THE HONORABLE MAYOR OF MEMORANDUM The Oklahoma Statutes, 11 a.s. Article XIV, Section 14-103, allow for the attaclunent of an "emergency clause" to ordinances when, in the opinion of the City Council in order to protect the interest of the citizens, an ordinance should become effective immediately upon passage. In the case of this ordinance, the staff believes that the attachment of an emergency clause is critical to the settlement of the pending legal action. EMERGENCY CLAUSE: Based on Mr. Gray's review, discussions with the Plaintiffs attorney, direction from the Judge and staff comments, it is proposed that the City Council repeal the fee required by Ordinance #638 and contained in Section 17-203(B) of that ordinance. Although that action is of immediate concern, it should be noted that, in the near future, additional action will also be needed to amend Section 17-206, and to include a new fee structure that will be in compliance with state law. PROPOSAL: After employing Mr. Gray as City Attorney, he reviewed this case in the context of preparing an answer to the Plaintiffs Motion for Summary Judgment." Mr. Gray's review lead to the conclusion that the City has, in fact, enacted an ordinance that lacks a defendable position, Based on discussions with the City Attorney and a requirement for an immediate response to the Plaintiffs Motion for Summary Judgment, I authorized Mr. Gray to meet with attorneys for American Waste Control to determine our available options. Mr. Gray also appeared before Judge Wiseman to request time for a possible negotiated settlement ofthe matter. LEGAL REVIEW: Subsequently, there legal maneuvers by both and Waste Additionally, other "haulers" concern that they were placed at a disadvantage by continuing to collect the had collecting customers. to the City the fees required of the permit even though there have been demands for payments as per Ordinance #638. COMMERCIAL WASTE COLLECTION LAWSUIT NOVEMBER 14,2002 PAGE 2 1. Proposed Ordinance #727 2. Ordinance #638 The staff recommends City Council adoption of Ordinance #727, such ordinance repealing the fee required of commercial waste companies; and that the Council also attach an clause for immediate enactment the RECOMMENDATION: COMMERCIAL WASTE COLLECTION LAWSUIT NOVEMBER 14,2002 PAGE 3 1\ There is hereby authorized to be issued to any qualified person, under the terms and conditions hereof, a Waste Collector Permit which shall specifically authorize such person possessing the permit to, under the control and supervision of the City, collect, remove, transport and/or dispose of commercial solid waste and/or construction and demolition waste from within the City. SECTION 17-2~2 WASIECOLLECTQR PERMIT 5. "Vehicle" means any truck, trailer, semi-trailer or other equipment used to collect, remove, transport or dispose of solid waste, and over any public way, street, avenue, road, alley or highway. 4. "Person" means every natural person, firm, partnership, association or corporation; 3. "Waste collector" means any person who collects, removes, or transports commercial solid waste or construction or demolition waste as defined herein; 2. "Construction and demolition waste" means waste or large bulky items, such as brush, tree cuttings, lumber, concrete, bricks, plumbing fixtures, plastics and other waste generated by construction and demolition activities; 1. "Commercial solid waste" .means all solid waste emanating from all units having zOIung classification other than low or medium intensity residential uses; For the purposes of this Article the following terms shall have the meanings respectively ascribed to them herein: SECTION 17-201 DEFINITION ARTICLE B WASTE COLLECTOR PERMIT provisions; There shall be adopted as new law and codified as indicated the following Section One: Part 17, Utilities, Chapter 2, Garbage and Refuse Collection, of the Code of Ordinances of the City of Ow as so, Oklahoma, be and same are hereby amended as follows, Section 17-202 shall be amended by deletion therefrom ofthe words "or commercial"; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, TO-WIT: 'j AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2, GARBAGE AND REFUSE COLLECTION, OF THE CODE O:F ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SECTION 17-202 DELETION OF COMMERCIAL SITES THEREFROM, AMENDING SAID CHAPTER BY ADOPTING AS NEW LAW ARTICLE WASTE COLLECTOR PERMIT, APPLICATION FOR WASTE COLLECTOR PERMIT, FOR WASTE COLLECTOR PERMIT, WASTE COLLECTION REGULATIONS, SPECIAL ORDERS OF CITY MANAGER, UNLAWFUL USE OF STREETS, PROVIDING AN IMPLEMENTATION DATE AND DECLARING AN EMERGENCY ORDINANCE NUMBER 638 CITY OF OW ASSO, OKLAHOMA Tulsa County Clerk - JOAN HASTINGS Doell, 00046855 Pqs 4 B/P 6361/0754-0757 ~e~~1 439235 05/08/00 11:05:25 Fee 14000 1111111111111111I111111111I 11111111111111I 11I1111111111111111111111111 ~000439235012* ~ (:5"" " ~ ~ ~ &f ~ ~ s.. \.J ~ " "" "J ~ , " }p ~ ~ ~ ~ 8 ,,'1 r:3 ~ '3 u:) cr) u::;, Lid r~-o o ",==:t~ ~ tn U'J 1. r- 0 2. 1..t:J 3. CV? ,L' 4. 5. 6. 7. 8. 9. 10. 11. A. Waste collectors who in the course of their business provide containers for the collection of solid waste shall display information on each container, such as a business name or trade name which shall sufficiently identify the permittee providing waste collection services to the establishment using the waste container. Characters, letters and numbers displaying the foregoing information shall be at least two (2) inches tall, one-half (Yz) inch wide and applied in such a way so as to become permanent. Characters shall be no lower than twelve (12) inches from the bottom of the container and shall be in a contrasting color to the container so as to be clearly visible. W ASTEJ:QLLECTIQN REDJ1LATIONS SECTIONll-2Q4 B. The permit referred to in Section 17-202 shall be issued for an indefinite period.. The fee for the waste collection permit shall be payable to the City on a monthly basis on or before the 15th day of the month immediately succeeding collection service provision in the amount of three dollars and 50/1 00 ($3.50) per yard collected per month with compactors utilized being at an amount equal to 4 yards charged for every I yard of compacted volume. The waste collector shall provide for the monthly remittance with a waste collector monthly report to be provided by City. Should the City Clerk determine to deny a permit, or revoke same under authority of this chapter, notice thereof shall be provided to the applicant/permittee containing such proposed denial or revocation and the reasons therefore. Revocation of any permit issued under this chapter shall not be effective until the expiration often (10) days from the date of serving a notice upon permittee of such revocation, absent an emergency situation. Any applicant denied a permit, or permittee whose permit is revoked may appeal such denial or revocation to the City Council of the City. Appeal from denial of application for permit or revocation of same shall occur upon written notice requesting same addressed to the City Clerk within ten (10) days of the denial of the application for permit or, as pertains to revocation of such permit or within ten (10) days preceding the effective date of such revocation as above provided. In the event a permittee shall request an appeal before the City Council of the City regarding revocation of such permit, the effective date of the revocation shall be stayed pending determination thereof by the City Council of the City. Any other information deemed necessary by the Director of Public Works of the City. Name of liability insurance company and policy number; and, Landfills used; An attached schedule of all waste collection services, indicating type of solid waste collected, site of collection; Cummt state safety inspection number; Packer capacity; Color of cab and packer; Make, model and year of each truck; Business and home phone number; Business name and address; Name and home address ofthe applicant; A. The waste collector permit, as referenced above, shall be issued by the Office of the City Clerk of the City. Applications for such permit shall include the following information: PERMITAPPLICAIION REOUIREMENTS, ISSUANCE,DENLAL SECTION 17-203 17. Cleaners/photo finishing. 16. Bank, savings and loan, credit union, A TM; and, 15. Community CenterIYMCAlYWCAlpark; 14. Theater/sports stadium/convention center; 13. Hotel/motel; 12. Supermarket/grocery store; 11. Restaurant/fast food establishment, etc.; 10. Utility operations including substations, pump stations, etc.; 9. Medical facility, including labs, nursing homes, clinics, etc.; 8. Church/synagogue; 7. Public or private school or college; 6. Auto/trucklboat dealer, including salvage, repair, parts and service stations; 5. Warehouse/storage facility; 4. Manufacturing company; 3. Apmtment building/condominium/trailer park; 2. Retail shop/shopping center; 1. Office building; D. Every licensed waste collector shall maintain a full, true, current and legible list of all cOlmnercial customers that are provided waste collection services, which shall include an itemization 0 the customer's names, service address, waste container size or sizes, the frequency of service measured in days per week, and a brief description of the type of customer or client being served, such as: 4. Comply with all other requirements and restrictions imposed pursuant to the rules and regulations of solid waste management adopted by the City Manager or City Council of the City. 3. Be required to be reasonably clean and sanitized if the vehicle is declared to be a health hazard by the City-County Health Department or its duly authorized representative; and, 2. Be parked at least one hundred (100) feet from any residential building, ifparked over six (6) consecutive hours, while containing a partial load of solid waste; 1. Be constructed and maintained in such a manner as will prevent any solid waste from spilling, falling or blowing out of the vehicle on to any public way, street, avenue, alley, highway, road, or any other public or private place, except when being loaded or unloaded and shall be completely and securely covered to preclude any spill, fall or blowout from the point of collection to the point of final disposal; shall : C. Any vehicle used in the collection, removal, transportation or disposal of solid waste B. No person shall collect any solid waste inside the corporate limits of the city within six hundred (600) feet of any residential building unless it is after 6:00 A.M. and before 10:00 P.M. \..0 ~'V) \..0 tD Ln t- a 2780-403.ord waste col permit /1/ /! ,j ~ / . //, By: ,/t;;",'L~~c. ~0A:./fCt~ Mark Wilken, Mayor CITY OF OW ASSO, OKLAHOMA Section Four: Due to the absence of provisions regulating private commercial solid waste and constmction and demolition debris collectors an emergency is hereby declared to exist whereby the provisions of this ordinance shall become effective immediately upon passage and publication as provided by law 2000. ~~timlIJu'~~; The provisions ofthis ordinance will be implemented beginning May I, It is unlawful and a public offense for any person to haul or transport any trash, refuse, mbbish, garbage and/or waste upon or over any of the streets, alleys or highways of the City unless such person shall first have procured a permit as herein provided. sECImN17=20<i USE OF. STREETS The Manager of the City is hereby authorized and directed to promulgate rules and regulations governing the collection of commercial solid waste and construction and demolition waste within the City by waste collectors. Application for and acceptance of a waste collector permit shall be deemed to constitute the pemlittee's acceptance of the provision of this chapter as well as any rules and regulations promulgated pursuant hereto. Failure to adhere to the provisions of this chapter, or any rnles and regulations promulgated pursuant hereto shall constitute grounds for denial or revocation of the pennit. SI1CTIOJ::iJ7 -20~ F. No person shall collect, remove or transport solid waste, including hazardous waste, in a manner so as to scatter or spill such waste, either at the point of collection or while transporting the same for disposal unless such waste is immediately retrieved and removed in its entirety. Immediately after collection, containers which have been used to store solid waste shall be closed, with each lid or cover being reasonably secured. E. Any vehicle used in the collection, removal, transportation or disposal of solid waste within the jurisdiction and control of the City shall be subj ect to reasonable inspections initiated to insure compliance with this section and conducted by duly authorized inspectors of the Department of Public Works, the Police Department or the City-County Health Department. LO ("? I,D 0- Ll) r"'~ a Additionally, there are some minor housekeeping changes relating to contract dates and addresses of record that are not specifically addressed. 4. Section 14. Notices of Non-Renewal Language has been added to clarify the notices, specifically the requirement to begin discussions relative to contract negotiations by October 15\ as an effort to avoid a technical "default" in the contract. 3. Section 10. Termination, Severance Benefits and Resignation Language has been added to require the City Manager to pay the equivalent of six months pay in the event the Manager should leave the City to accept a position with another municipality. 2. Section 8. Vacation, Sick and Miscellaneous Paid Leave The vacation benefit has been increased from two weeks to three weeks per year, an increase of one week of vacation leave. 1. Section 3. Salary Compensation has been increased from $86,000 annually to $97,000, a total increase of $11,000 per year. Pursuant to discussions held on December 10, 2002, I have prepared for your review and action a contract for services between the City of Owasso and Rodney J. Ray. The purpose of the proposed contract is to provide a basis for the services of a City Manager for the City of Owasso. While the proposed contract is basically the same as last year's document, there are some differences. Those differences are shown below. December 11,2002 DATE: MEMORANDUM 1. 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Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3 -1 (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Chatter provision, as well as Section 10 of this Agreement. Term Section 2. The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perfOlID the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. Duties Section L NOW9 THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions ofthe Manager; J Ray as Chalier to employ the pursuant to Section THIS AGREEMENT, made and entered into this 1 ih day of December, 2002, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City", and Rodney J Ray, hereinafter called "Manager": EMPLOYMENT AGREEMENT 2003 Employment Agreement R.lR - Page 2 D. All evaluation sessions will be held in executive session as allowed by the Open Meetings Act. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropliate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to future performance. A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations of the operating and/or capital budgets. Performance Evaluation Section 5. In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10%) of Manager1s annualized base compensation for the purpose of the managers retirement program. Such payment to be made as a one-time lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separation of Manager from the employment of City, Manager shall be required to return to City a pro rata pOliion ofthe lump sum payment. Deferred Compensation Section The agrees to pay the Manager his an annual base salary Ninety-Seven Thousand Dollars ($97,000.00) beginning January 1, 2003. Of that amount $80,000 shall be paid in twenty-six payment of equal amounts; and $17,000 shall be paid in a one-time lump sum payment within sixty days of the effective date of this contract. Provided, however, that in the event of the separation of the manager from the employment of the City, the Manager shall be required to return to the City a pro rata portion of the lump sum payment. The term of this Agreement shall be from January 1,2003 until December 31,2003. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section 14 of this agreement. 2003 Employment Agreement RJR - Page 3 A. The City shall pay severance benefit to the Manager during the term of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defined herein if he is released from service for any reason except cause as defined herein. However, should the Manager leave Section 10. Termination, Severance Benefit and Resignation The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage under COBRA at his expense, regardless of the reasons for separation from employment. Insurance Section 9. C. The Manager shall receive all other forms of paid leave extended to other employees of the City. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accming sick leave until such time has passed that Manager would have accmed the original two hundred forty (240) hours. Thereafter, Manager shall accme sick leave at the same rate as other employees of the City, and the method of accmal and use of such leave shall be governed by the Ordinances of the City and applicable mles and regulations. The City Manager will be credited with three (3) weeks vacation leave during the term hereof. Vacation time shall accme at a rate of 10 hours per month. Vacation, Sick and Miscellaneous Paid Leave Section 8. It is that the Manager must devote a great deal time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time ofT as he deems appropriate during normal office hours. During the term of this Agreement, the Manager shall be a full time City Manager. The Manager agrees to remain in the exclusive employment of the City until this Agreement is telminated and not to work in the employment of another employer earlier than the date of telmination. Outside employment shall not be constmed to include occasional teaching, writing or consulting performed on the Manager's time off. Outside Employment Section 6. 2003 Employment Agreement RJR . Page 4 1. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to tenninate this Agreement. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the Manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. G. If Manager shall die during any period in which payments are being made in accordance with Section lOA, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section lOA will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. F. If the Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section lOA. In addition thereto, Manager shall be compensated for any accrued vacation not used, holidays, and any other accrued benefits. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Councilor Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section lOA. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. the event the Council at any time during the term of this Agreement reduces the salary or other benefits of the Manager in a greater percentage than an applicable across.,the- board reduction for all other employees of the City, or the City Charter of the City of Owasso, Oklahoma, is amended to delete the Council/Manager form of government, or the Council acts to terminate, then the Manager may, at his option, be deemed to be telminated effective at the date of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. Cause shall be defined as including, but not limited to, gross neglect duty, misfeasance or conviction for any felony or crime ofrnoral turpitude, The parties hereto expressly agree no severance payment as defined in Section lOA shall be paid ifthe Manager is terminated during the term ofthis Agreement for cause. during the term of this agreement for any other municipal position in another municipality, Manager agrees to reimburse the City the equivalent of a full six month's base salary. 2003 Employment Agreement RJR - Page 5 The City and Manager agree that -negotiations for the renewal of this contract should begin no later than October 1,2003. If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non- renewal no later than sixty (60) days prior to the expiration date hereof, or October 31, 2003. If, and in the event, City shall fail to give written notice of non-renewal with the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein for the entire calendar year, and/or a successor agreement with an effective date of January 1, 2004, is entered into for the entire calendar year, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. Section 14, Notices of Non-Renewal The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefor, all as set forth in Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. Defense and Indemnification Section 1 The City agrees to budget and pay for the professional dues and subscriptions of the Manager necessary for his membership in the Oklahoma Association of City Managers. Dues and Subscriptions Section will pay the premiums any fidelity required by the the or otherwise as may required by State B. The City recognizes that certain expenses of a generally job-affiliated nature are incurred by the Manager in the course of his duties and agrees to pay the Manager each month must presented reimbursement is approved. A, In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and functions before, during, and after normal work hours, General Expenses Section 1 L 2003 Employment Agreement RJR . Page 6 D. Titles of this Agreement are for reference and convenience only, and shall not be construed to modify the specific terms hereof. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be construed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. A. The text herein shall constitute the entire agreement between the parties. This Agreement supercedes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carryover into the term hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or F ederallaw. Section 16. General Provisions Alternatively, notices may be personally served on the parties. Notice shall be deemed given as of the date of personal service or as ofthe date of deposit of written notice in the United States postal service. Rodney J Ray 8503 N 100th East Ave Owasso, OK 74055 CITY: City Council PO Box 180 Owasso, OK 74055 Notices pursuant to this Agreement shall be given by deposit in the custody of the United States postal service, postage prepaid, addressed as follows: Upon affirmative vote by a majority of the governing body prior to December 31, 2003, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and such resignation shall not waive the City of any obligations set f01ih in the first paragraph of this Section and the City shall be obligated for the full (6) months severance, regardless of the date of the Manager's resignation. 2003 Employment Agreement RJR - Page 7 Stephen P Gray, City Attorney 2002. Approved as to form and legality on the __ day Rodney J Ray MANAGER Marcia Boutwell, City Clerk Michael OF IN WITNESS WHEREOF, the pmiies have executed this Agreement, the day and year first above written. A. Nothing in this Agreement shall prevent, limit or othelwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3-l (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section 10 of this Agreement. Term Section 2. The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment. Duties Section 1. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: WHEREAS, the Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace mind with respect to future security; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions ofthe Manager; City Oklahoma; THIS AGREEMENT, made and entered into this 1st day of January, 2002, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called HCity", and Rodney J hereinafter called "Manager": EMPLOYMENT AGREEMENT Employment Agreement RJR - Page 2 D. All evaluation sessions will be held in executive session as allowed by the Open Meetings Act. C. The Manager, at his discretion, may discuss the referenced goals and objectives with the Council and may propose modifications or amendments when he deems it in the interest of the City to do so. B. The Council may review and evaluate the performance of the Manager at any time and as often as it deems appropriate. The evaluation should assess the accomplishment of performance objectives and provide feedback and guidance for the Manager with respect to future performance. A. At least, annually, the Council and the Manager shall define in writing performance objectives which they determine necessary for the proper operation of the City in the attainment of the Council's policy goals. The Council and the Manager shall further establish in writing a relative priority among the objectives, and the same shall generally be attainable within the time limitations as specified and the appropriations ofthe operating and/or capital budgets. Performance Evaluation Section 5. In addition to the base salary paid by the City to Manager, City agrees to pay an amount equal to ten percent (10%) of Manager's annualized base compensation for the purpose of the managers retirement program. Such payment to be made as a one-time lump sum payment due within ten days of the beginning of the contract. Provided, however, that in the event of the separoation of Manager from the employment of City, Manager shall be required to return to City a pro rata portion of the lump sum payment. Deferred Compensation Section to ror filS servIces an ($86,000.00) 1, that amount $80,000 paid in twenty-six payment equal $6,000 a lump sum payment within sixty the effective date this contract. the event the separation of the manager from the employment of the City, the Manager shall required to return to the City a pro rata portion of the lump sum payment. The teIm of this Agreement shall be from January 1,2002 until December 31,2002. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City. Employment Agreement RJR " Page 3 A. The City shall pay severance benefit to the Manager during the term of this agreement. From the effective date of this agreement, the Manager will be eligible for a severance benefit equivalent to six (6) months his base salary as defined herein if he is released from service for any reason except cause as defined herein. Section 10. Termination, Severance Benefit and Resignation The City agrees to provide the Manager with the group health, dental, vision and life insurance coverage as is offered to other employees of the City and to pay the premiums thereon. The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual salary. Upon Separation from employment, the Manager shall be eligible for a continuation of coverage under COBRA at his expense, regardless of the reasons for separation from employment. Immnmce Section 9. C. The Manager shall receive all other forms of paid leave extended to other employees ofthe City. B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not begin accruing sick leave until such time has passed that Manager would have accrued the original two hundred forty (240) hours. Thereafter, Manager shall accrue sick leave at the same rate as other employees of the City, and the method of accrual and use of such leave shall be governed by the Ordinances of the City and applicable rules and regulations. A. The City Manager will be credited with two (2) weeks vacation leave during the term hereof. Vacation time shall accrue at a rate of 0.84 days per month. Vacathm., Sick and Miscellaneous Paid IJeave Section It is recognized that the Manager must devote a great deal of time outside normal office hours to the business of the City, and to that end, he is authorized to take compensatory time off as he deems appropriate during normal office hours. During the telm of this Agreement, the Manager shall be a full time City Manager. The Manager agrees to remain in the exclusive employment of the City until this Agreement is terminated and not to work in the employment of another employer earlier than the date of termination. Outside employment shall not construed to include occasional teaching, writing or consulting performed on the time off. Outside Employment Section 6, Employment Agreement RJR - Page 4 I. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the Council retains the right, with or without cause, to terminate this Agreement. H. Should the Manager resign before the expiration of this Agreement other than under the conditions of paragraph D of this Section and Section 14, the Manager shall give the City written notice at least sixty (60) days in advance of the effective date of termination, unless the parties otherwise agree. G. If Manager shall die during any period in which payments are being made in accordance with Section lOA, the balance of the payments shall accrue to Manager's estate. If Manager should die during his regular employment, the payment under Section lOA will not be made and the insurance proceeds available pursuant to the applicable defined benefit plan shall be in lieu thereof. F. If the Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, City shall have the option to terminate this Agreement subject to the severance pay requirements of Section lOA. In addition thereto, Manager shall be compensated for any accrued vacation not used, holidays, and any other accrued benefits. E. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay as defined in Section lOA. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. In the event the Council at any time during the term of this Agreement reduces the or other benefits of a percentage than an applicable across-the~ board reduction all other employees the City, or City the is amended to or the acts to tenninate, then the Manager at his option, be deemed to terminated effective at the such reduction, change or action, and shall be entitled to the severance pay of paragraph A of this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. C. Cause shall be defined as including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. B. The parties hereto expressly agree no severance payment as defined in Section lOA shall be paid if the Manager is terminated during the term of this Agreement for cause. Employmcnt Agrcement RJR - Page 5 If, and in the event, the City shall not be desirous of renewing this Agreement upon the expiration hereof, City shall give Manager written notice of such non-renewal no later than sixty (60) days prior to the expiration date hereof. If, and in the event, City shall fail to give written notice of non-renewal with the time provided for above, then, in such event, City shall pay Manager the severance payment set forth in Section 10. Provided, however, if, and in the event, the expiration date arrives without any contractual renewal but nevertheless Manager continues to perform in the capacity of City Manager with compensation and benefits as are provided for herein and/or a successor agreement with an effective date of January 1, 2003, is entered into, then, in such event, the payment provided for in the foregoing sentence shall not be required of City to Manager. Section 14. Notices of Non-Renewal The City shall provide defense and indemnification to the Manager in accordance with the City's statutory authorization therefor, all as set forth in Title 51, Oklahoma Statutes, Section 162, or any amendments or successor provisions pertaining thereto, or other applicable law. Defense and Indemnification Section 13. The City agrees to budget and pay for the professional dues and subscriptions the Manager necessary for his membership in the Oklahoma Association of City Managers. Subscriptions The City will reimburse the Manager not more than $2000 for expenses directly related to relocating Manager's residence to Owasso. City the fidelity required and Ordinances ofthe City or otherwise as may be required by State a generally job-affiliated nature are to pay IS A. In addition to the base salary and other benefits provided elsewhere in this Agreement, the Manager shall receive use of a City vehicle maintained by the City for City related business and functions before, during, and after normal work hours. General Expenses Section 11. Employment Agreement RJR. Page 6 D. Titles of this Agreement are for reference and convenience only, and shall not be constmed to modify the specific terms hereof. C. If any provision, section or subsection of this Agreement shall be held unconstitutional, invalid, or unenforceable for any reason, such holding shall not be constmed to impair or invalidate the remainder of this Agreement, notwithstanding such holding. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the heirs at law and executor of the Manager. A. The text herein shall constitute the entire agreement between the parties. This Agreement supercedes any and all previous agreements between the parties. No part of any previous Agreement either verbal or written between the parties shall carry over into the telID hereof except and unless specifically provided for herein, or as provided pursuant to Oklahoma or F ederallaw. Section 16. General Provisions Alternatively, notices may be personally served on the parties. Notice shall be deemed given as ofthe date of personal service or as of the date of deposit of written notice in the United States postal service. MANAGER: Rodney J Ray 2117 Western Drive Skiatook, OK 74070 City Council Box 180 Owasso, OK 74055 to service, postage prepaid, addressed as follows: Upon affirmative vote by a majority of the governing body prior to December 3l, 2002, the terms and provisions of this Agreement shall be in full force and effect. In the event the City has not notified the Manager of its intent to renew the contract as stated above, then the Manager may submit his resignation at any time within the sixty (60) days prior to the end of the contract year upon 15 days notice and such resignation shall not waive the City of any obligations set forth in the first paragraph this Section and the City shall obligated for the full six (6) months severance, regardless date the Manager's resignation. Employment Agreement RJR - Page 7 Ronald D Cates, City Attorney 2001. day to form and legality on IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. I recommend Council confinnation of the above appointments. RECOMMENDATION: INCOG LEGISLATIVE CONSORTIUM (Term Ending 6/30/03) Mr Rodney Ray, City Manager Mr Rodney Ray, City Manager Alternate INCOG BOARD OF DIRECTORS (Term Ending 4/30/03) Mr Michael Helm, Mayor It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions indicated: Pursuant to authority contained in Article 2, Section 2-4, subsection ( e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. Traditionally, the City has been represented on the INCOG Board of Directors by the Mayor (with the City Manager as the alternate). In the same manner, the City, until recently, has been represented on the Legislative Consortium by the City Manager, and Mr. Ray has indicated that he is eager to accept that role once again. Former Mayor Brogdon's resignation from the City Council has left two positions on key boards and committees vacant. As Owasso' s representative, Mayor Brogdon served on the INCOG Board of Directors and on the Legislative Consortium. There is a need to fill those vacancies, and I have requested an agenda item for that purpose. BACKGROUND: December 1 2002 NOMINATIONS MICHAEL HELM FROM: CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM