Direction Zoning Use Land Use Plan Jurisdiction

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2 TO: FROM: SUBJECT: Honorable Mayor and City Council, City of Owasso Bronce L. Stephenson, MPA Director of Community Development OA & OZ Smalygo DATE: April 7, 2017 BACKGROUND: The Community Development Department has received an annexation request for a property located at E 116 th St N. The property is approximately 2.74 acres in size and is unplatted. The subject property is currently zoned AG-R (Agricultural Residential) in Tulsa County. The applicant is also requesting that the property be assigned CS (Commercial Shopping) zoning upon annexation. SUMMARY TABLE: Direction Zoning Use Land Use Plan Jurisdiction North AG-R (Agriculture Residential) Residential Commercial Tulsa County South AG-R (Agriculture Residential) Residential/Agriculture Commercial Tulsa County East West CS (Commercial Shopping) AG-R (Agriculture Residential) Commercial Retail Commercial City of Owasso Residential Commercial Tulsa County SUBJECT PROPERTY/PROJECT DATA: Property Size 2.74 acres Current Zoning AG-R (Agriculture Residential) Lots/Blocks N/A Land Use Plan Commercial Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks Ranch Creek $ per acre Morrow Place $3, per acre Streets (public or private) N/A

3 ANALYSIS: The property is currently zoned AG-R (Agriculture Residential) in Tulsa County, and the applicant is requesting an annexation into Owasso s corporate limits. The applicant has also submitted a request for a rezoning of the subject property from AG-R (Agriculture Residential) to CS (Commercial Shopping). In most cases, annexed land is brought in with an AG (Agriculture) zoning designation unless a rezoning request accompanies the application. An applicant may request another zoning classification upon annexation if the requested zoning conforms to the Owasso Land Use Master Plan. The proposed zoning for the subject property corresponds to the Land Use Master Plan, which calls for Commercial uses at this location. The rezoning request will be reviewed and decided upon by the Owasso City Council. The City of Owasso has the ability to provide sanitary sewer and storm sewer service to the subject property. Water service would be provided to the property by the Washington County Rural Water District #3. Any development that occurs on the subject property must adhere to all City of Owasso subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, right-of-way dedications, stormwater detention, and sidewalks. ANNEXATION COMMITTEE: The Owasso Annexation Committee met on March 29, 2017, and voted unanimously to recommend approval of the annexation request for the subject property (OA 17-03). PLANNING COMMISSION: The Planning Commission will consider this item at their regularly scheduled meeting on April 10, ATTACHMENTS: Aerial Map Zoning Map Land Use Plan

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5 E 114 CT N N 130 E AVE AG N 126 E AVE AG-R N 129th E AVE PUD-05-02A PUD AG Subject Tract PUD E 116th St N OD1004 CS CS CS N 123 E AVE AG-R AG N 131 E AVE RS-3 PUD N 132 E AVE E 114 ST N E 113 ST N LEGEND Owasso Corporate Limits N 126 E AVE AG E 112 ST N AG 300' Radius Subject Tract OZ Feet

6 129 th E. Ave. OA 17-3/OZ Land Use Plan Subject Property 116 th St. N.

7 TO: FROM: SUBJECT: Honorable Mayor and City Council, City of Owasso Bronce L. Stephenson, MPA Director of Community Development OZ Morrow - SW corner of E 126 th St N and N 135 th E Ave DATE: April 7, 2017 BACKGROUND: The Community Development Department has received a rezoning request for property located on the southwest corner of E 126 th St N and N 135 th E Ave. The property was annexed into the City Limits under Ordinance 832 in November 2005 and is unplatted. The subject property is approximately 4 acres in size and is part of the Morrow Place PUD. The applicant is requesting that the zoning be changed from AG (Agriculture) to CS (Commercial Shopping). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped N/A Tulsa County South RS-3/PUD 05-02A (Residential Single- Family High Density) Undeveloped Residential City of Owasso East AG (Agriculture) Highway Corridor N/A City of Owasso West RS-3/PUD 05-02A (Residential Single- Family High Density) Single-Family Residential Commercial City of Owasso SUBJECT PROPERTY/PROJECT DATA: Property Size 4 acres Current Zoning AG (Agriculture) Proposed Use Undisclosed Lots/Blocks N/A Land Use Plan Commercial Number of Reserve Areas N/A Within PUD? PUD 05-02A Within Overlay District? US-169 Overlay District Water Provider Washington County Rural Water District #3 Storm siren fee of $35 per acre Applicable Paybacks Ranch Creek Sanitary Sewer $ per acre Morrow Lift Station $3, per acre Streets (public or private) N/A

8 ANALYSIS: The applicant is requesting CS (Commercial Shopping) zoning be applied to the property. The Owasso Land Use Master Plan calls for commercial uses at this location, so applying CS (Commercial Shopping) zoning to the property is appropriate. The property immediately to the west is also denoted as commercial according to the Land Use Master Plan. The subject property is part of PUD 05-02A, and the conceptual development plan shows commercial uses at this location, however the underlying zoning for this particular tract was never defined and remains as Agriculture. The rezoning will ensure conformity with the conceptual development plan that was approved as part of PUD 05-02A. This area of the community is relatively undeveloped. However, this is expected to change upon the completion of the Morrow sanitary sewer lift station. This project is expected to be completed in the fall of 2017, after which development will likely to intensify in this area. Further, because this property has excellent access and visibility, one can expect it to be highly sought after for commercial development. Future development on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso, including but not limited to paved streets, landscaping, and sidewalks. The subject property also lies within the US-169 Overlay District, and must adhere to those requirements as well. The City of Owasso would provide sanitary sewer to the property, while Washington County Rural #3 would provide the water service. PLANNING COMMISSION: The Planning Commission will consider this item at their regularly scheduled meeting on April 10, ATTACHMENTS: Aerial Map Zoning Map Land Use Plan

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10 E 129 ST N RS-3 N 130 E AVE N 130 E AVE E 127 PL N N 131 E AVE RS-2 E 128 ST N E 127 ST N E 126 PL N N 132 E AVE Subject Tract AG 169 N 139 E AVE E 126th ST N 169 OD1004 AG PUD-05-02A PUD N 135 E AVE LEGEND Collinsville Corporate Limits Owasso Corporate Limits E 122 ST N E 122 ST N 300' Radius Subject Tract OZ Feet

11 US-169 Rezoning OZ Subject Property E 126 th St N

12 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Linda Jones Finance Director FY Annual Operating Budget DATE: April 7, 2017 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, OPGA Fund and other funds is currently being developed and will be transmitted for City Council review on May 9, The proposed budget is scheduled for discussion during the May and June Council work sessions. Printed copies of the proposed budget will be made available for public viewing at City Hall, the Owasso Library, and on the City s website on May 10, A Public Hearing on the proposed budget is planned for June 6, 2017, with the legal notice to be published in the Owasso Reporter on May 31, The public hearing provides an opportunity for citizen comments and questions relating to the proposed budget. Council action regarding the adoption of the annual operating budget is scheduled for June 20, ATTACHMENT: FY 2018 Budget Calendar

13 CITY OF OWASSO BUDGET CALENDAR FY Due Date Jan. 31 Jan. 31 Feb. 20 Feb. 28 March March 20 April 1 April 11 April 15 May 9 May 10 May 16 May 31 General fund cost increases are submitted to Finance. Additional personnel requests are submitted to Finance. Preliminary revenue estimates are shared with Directors. Budget requests for other funds are submitted to Finance. Directors meet with City Manager/Asst. City Manager for clarification of requested increases. Revenue estimates are updated. Budget requests are prioritized. Revenue estimates for purposes of balancing the budget are finalized. Recommended budget amounts are shared with Directors. Proposed budget is presented to City Council at Work Session. Proposed budget is posted to City website. Public comment and City Council discussion of budget proposal Publication of notice of public hearing (five days prior to hearing) June 6 Public Hearing (legal deadline June 15) June 20 Budget adoption (at least seven days prior to 7/1) July 31 Publication of notice to vendors (prior to 7/31) July 31 Sept. 30 Oct. 4 Budget is filed with State Auditor Open purchase orders are closed, and budgetary fiscal year-end fund balances are determined. Requests for budget appropriation carryover to next fiscal year is presented to Council.

14 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Roger Stevens Public Works Director Country Estates Stormwater Channel Improvements - Offsite DATE: April 7, 2017 BACKGROUND: In the spring of 2014, the property owner living at N 110 E Ave contacted Public Works concerning their house being flooded as a result of the recent rains (see Attachment). Staff visited the site and verified the resident s house was flooded due to runoff from the adjacent commercial property at E 116 St N. At that time, staff believed it was a civil issue and informed the resident to contact the lumber company and request assistance on a stormwater improvement. Over a two-year period, the resident had many discussions with the commercial property owner with no progress. In the fall of 2015, the lumber company went out of business and eventually sold to a business called The Emerald Academy. In the spring of 2016, the resident s house was flooded for the second time. Once again, staff visited the site and verified the stormwater runoff was coming from the commercial property s parking lot. Staff contacted the new property owner and requested that a channel be constructed along the west side of the property. After research by the new property owner, staff received verbal communication that this was a pre-existing condition which was not disclosed during the sale of the property. Therefore, the responsibility for the improvements is not The Emerald Academy. In the summer of 2016, staff learned that the commercial property parking lot was gravel prior to annexation in As part of annexation requirements, the lumber company was required to pave the parking lot. At that time, staff did not require storm drainage improvements as a result of the additional impervious area. As a result of this additional information, staff met with the commercial property owner who is willing to donate an easement on the west side of their property to the City. The City proposes to construct a swale that would convey the water before it reaches the residential property located at N 110 E Ave. ATTACHMENT: Location Map

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16 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Roger Stevens Public Works Director Country Estates Stormwater Detention Facility DATE: April 7, 2017 BACKGROUND: In June 1995, Country Estates Phase I residential subdivision construction was complete. As part of the development requirements, a detention facility was constructed on the southwest side of the development (see Attachment). As with most residential developments, the developer is responsible for the detention facility or reserved areas within the development until the Home Owners Association (HOA) has been established by the developer and/or homeowners. Once this action occurs, the HOA becomes the owner of such facility or reserved area and is responsible for maintenance. Unfortunately, for whatever reason, an HOA was never established by the developer or residents of Country Estates. To our knowledge, based on information collected over time, the detention facility in Country Estates remained the responsibility of the developer until At that time, the property was auctioned in a sheriff s sale due to unpaid property tax. Since then, the property has been owned by Linda Logsdon, an individual who resides in Tulsa. Over the past 11 years, City staff has had many discussions with Ms. Logsdon concerning the maintenance of the detention facility and vegetation control. After several code enforcement violations, Ms. Logsdon contacted Public Works and Community Development about the possibility of deeding the property over to the City. After several discussions among staff members, City staff has concluded that it is in the best interest of the residents in Country Estates to accept this property donation. The city would be able to address the stormwater detention issues within the facility and improve control over the vegetation. PROPOSED ACTION: The item will be placed on the April 11, 2017, Work session Agenda for discussion. In the event Council does not express any concern, staff is prepared to provide a recommendation to accept the donation of land at the May 2, 2017, regularly scheduled City Council meeting. ATTACHMENT: Location Map

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18 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Sherry Bishop Assistant City Manager Amending the Fireworks Ordinance DATE: April 7, 2017 BACKGROUND: Proposed changes to the Code of Ordinances relating to the authority to approve a public display of fireworks were presented and discussed at the City Council work session on March 14. This item is listed on the April 11 work session agenda for further discussion by Council. The attached draft ordinance proposes that the city manager have authority to approve a public fireworks display. Other changes would remove requirements for the event to be: Sponsored by the city, Celebrate Independence Day, and Be open to the public, free of charge. Additional background information is included in the attached memo to the Council dated March 10, PROPOSED ACTION: Staff plans to recommend approval of an ordinance amending the requirements for a public display of fireworks. ATTACHMENTS: Draft Ordinance Memo dated March 10, Amending the Fireworks Ordinance

19 CITY OF OWASSO, OKLAHOMA ORDINANCE DRAFT AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, AMENDING SECTION , FIREWORKS PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY MANAGER TO APPROVE A PUBLIC DISPLAY OF FIREWORKS. THIS ORDINANCE AMENDS PART 10, CHAPTER 3, SECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses and Crimes, Chapter Three, Offenses Against the Public, Section , Fireworks Prohibited, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended to read as follows: SECTION FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section, the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city council manager may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city council's manager s specific approval for the event; b. The event must be open to the public, free of charge; c. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured,

20 covering and protecting the city from liability to the extent it is not immune by state law. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The Chapter and Ordinances above shall be amended and codified in Part 10, Chapter 3, Section , in the Owasso Code of Ordinances. PASSED AND APPROVED this day of, (SEAL) Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 2

21 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Sherry Bishop Assistant City Manager Amending the Fireworks Ordinance DATE: March 10, 2017 BACKGROUND: Staff is proposing an amendment to the Code of Ordinances relating to the authority to approve a public display of fireworks. This amendment would give approval authority to the city manager. The Owasso Code prohibits the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city. However, the Code authorizes the City Council to approve a fireworks display with certain requirements. For many years, the City s Red, White and Boom! was the only fireworks event in the community. In recent years, as other groups have sponsored more events with a fireworks display, there have been some complications. Occasionally a group is not timely with their request for Council approval of an event. Authorizing the city manager to approve the fireworks display would alleviate this problem. Strict compliance with the Code is difficult for these other events due to the current restrictive language. The Code states that City Council may approve and sponsor a public display of fireworks within the city celebrating Independence Day. The City Council does not sponsor events by other groups and some of those events do not celebrate Independence Day. Another language concern is the requirement that a fireworks display must be open to the public, free of charge. This becomes a problem when the fireworks display is on private property or may be in conjunction with another event with a paid admission such as a football game. Certainly the aerial display may be viewed by anyone, but the event is not open to the public, free of charge. The attached draft ordinance proposes the following changes: Change council to city manager for authority to approve. Delete sponsor from approve and sponsor. Delete celebrating Independence Day. Delete open to the public, free of charge.

22 PROPOSED ACTION: Staff will present a draft ordinance for discussion at the March 14 and April 11, 2017, work sessions. ATTACHMENT: Draft ordinance

23 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Sherry Bishop Assistant City Manager Clerk/Treasurer Ordinance DATE: April 7, 2017 BACKGROUND: Proposed changes to the Code of Ordinances separating the offices of the city clerk and the city treasurer were presented and discussed at the City Council work session on March 14. The charter provides that the city clerk be elected by the council for an indefinite term. Since 1993, the council has appointed an existing employee, hired and supervised by the city manager, to serve as the city clerk. Council discussion on March 14 indicated a possible interest in creating language in the code of ordinances that would formalize the authority of the city manager to hire and supervise the employee who is appointed by the council to be the city clerk. This item is listed on the April 11 work session agenda for further discussion by Council. Additional background information is included in the attached memo to the Council dated March 10, PROPOSED ACTION: Staff plans to continue discussion with the City Council and present a draft ordinance at a future meeting. ATTACHMENTS: Council memo dated March 10, 2017 Clerk/Treasurer Ordinance (with attachments)

24 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Sherry Bishop Assistant City Manager Clerk/Treasurer Ordinance DATE: March 10, 2017 BACKGROUND: The city charter provides that the city treasurer be appointed by the city manager and the city clerk be appointed by the city council. (See attached Charter Sections.) In June of 2003, the City Council approved ordinance 759 combining the offices of City Clerk and City Treasurer. Staff is proposing the repeal of that ordinance, so that the finance director may be appointed as the city treasurer and the responsibilities of city clerk are separated. In 2006, I was appointed assistant city manager and continued to hold the office of city clerk/treasurer. Anticipating my retirement in 2018, staff has reviewed the responsibilities and recommends that the finance director be appointed city treasurer and the duties of city clerk be separate. Repeal of Ordinance 759 would allow the finance director to be appointed as city treasurer. I would retain the position of city clerk until another city clerk is appointed. PROPOSED ACTION: Staff will present this item for discussion at the March 14, 2017 work session and a draft ordinance will be presented at the April 11, 2017 work session. ATTACHMENTS: Ordinance 759 Owasso Charter, Section 2-6 and Section 4-1

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26 Charter of the City of Owasso, Oklahoma Section 2-6 and Section 4-1 Section 2-6 City Clerk to be Clerical Officer of Council The city clerk shall be elected by the council for an indefinite term; provided, that the council by ordinance may provide that the city treasurer shall be ex-officio city clerk. The City Clerk shall serve as clerical officer of the council. The city clerk shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law. Section 4-1 Department of Finance: City Treasurer There shall be a department of finance, the head of which shall be the city treasurer. The city manager shall appoint the city treasurer for an indefinite term. Subject to and in accordance with this Charter, applicable law, and such ordinances and other policies as the council may adopt, the city treasurer or personnel under their supervision and control shall collect or receive revenue and other money for the city; shall be responsible for its custody, safekeeping, deposit, and disbursement; shall maintain a general accounting system for the city government; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law.

27 TO: FROM: SUBJECT: The Honorable Mayor and City Council City of Owasso Warren Lehr City Manager Proposed Fees Alarm Ordinance DATE: April 7, 2017 BACKGROUND: During previous Council work sessions, proposed changes related to the city alarm ordinance have been presented and discussed. During the January work session, Councilors discussed the proposed fees for registration of alarms and for false alarms for both residential and business alarm locations. Further staff analysis of the proposed fee schedule revealed a policy decision that warrants additional discussion by the City Council. An item has been included on the April work session agenda to provide an opportunity to discuss the policy question of whether or not exemptions to the fee schedule should be incorporated.

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