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HomeMy WebLinkAbout2012.04.10_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA TYPE OF MEETING: Special DATE: April 10, 2012 RECEIVED TIME: 6:00 p.m. 0� PLACE: Old Central Building APR 0 C 2012 109 N. Birch Qty Clerks (ice Notice and agenda filed in the office of the City Clerk and posted on the Cit all ulletin board at 6:00 PM on Friday, April 6, 2012. Sherry Bishop, y Clerk AGENDA Call to Order Mayor Doug Bonebrake 2. Discussion relating to Operational Items Mr. Lehr Attachment #2 A. Skate Park Bid Review B. US -169 Overlay District- Ordinance 1004 C. Willis Farms Final Plat (Sam's) 3. Discussion relating to City Manager Items Mr. Ray Attachment #3 A. Proposed Construction Agreement with Sam's for Infrastructure Improvements B. CIP Recommendation C. Silver Creek Detention Facility D. Ranch Creek Interceptor Project Approval E. Wind Tower Ordinance - 2nd Discussion F. City Manager Report 1. Sales Tax Report 2. FY 2013 Budget 3. CNG Project Update 4. Report from City Councilors A. Mayor Bonebrake - Tulsa Metro Chamber D.C. Fly -in 5. Adjournment The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Recommendation for Skate Park Improvements Contract Award DATE: April 6, 2012 BACKGROUND: On July 5, 2011, the Owasso City Council approved Resolution No. 2011 -05, which requested assistance through Tulsa County CDBG Urban County Program and affirmed the City's commitment to facilitating the receipt and administration of any awarded CDBG funds. On July 19, 2011, the Owasso City Council approved the use of 2011 CDBG funding for improvements to the Owasso Skate Park. The approved proposal for the use of the 2011 CDBG funding converts modular equipment of the Owasso Skate Park to permanent structures. The conversion to concrete offers a smoother surface, seamless transitions, and a higher quality riding experience. On February 17, 2012, the Owasso City Council approved declaring current modular skate park equipment as surplus to the needs of the City of Owasso and authorized the auction of the items on eBay. All items were subsequently listed and sold for a total of $4,557.62. BID PROCESS: An advertisement for bids was published on February 21, 2012 for the skate park construction with base design including a beginner bowl, euro gap and handrail, stairs and ledge, two -piece grind wall, bank ramps, quarter pipe, plaza manual pads, and bank with grind ledge. Three alternates were also included. Alternate #1 includes a return transition horseshoe bank. Alternate #2 includes a flow bowl and manual pads. Alternate #3 includes a circular ride -up spectator area, a perimeter 5 foot sidewalk with three grind ledges and two clamshell features. Advertisements for bids were published in accordance with state law and a mandatory pre -bid meeting was held at City Hall March 21, 2012 with 9 contractors in attendance. Bids were opened publicly on March 26, 2012 at 10:00AM at the Owasso City Hall with 3 bids received. The bids are shown below: Bidder Base Bid Alt No.l ' Alt No. 2 Alt No. 3 Total Native $124,588.00 $13,677.00 $86,390.00 $37,758.00 $262,413.00 Skate arks, LLC. Helterbrand $146,000.00 $26,000.00 $83,000.00 $49,000.00 $304,000.00 Builders, LLC. Lowry & Hemphill $222,700.00 $17,000.00 $125,000.00 $28,000.00 $392,700.00 Construction, INC. BID ANALYSIS: Staff has examined the submitted bid package for any improper or unbalanced bids and none were discovered. Staff conducted onsite inspections of previous construction projects completed by Native Skateparks in Pawhuska and Sand Springs, OK. Staff also contacted representatives from previous projects in Pawhuska, Poteau, and Sand Springs, OK to inquire about quality, timeliness, professionalism, and overall satisfaction. Both the inspections and references confirmed quality craftsmanship, integrity, and dependability. FUNDING: Funding for the project is available from 3 sources: the 2010 Community Development Block Grant totaling $4,255.91; the 2011 Community Development Block Grant totaling $108,114; and eBay revenue from the sale of surplus skate park modular items totaling $4557.62. Staff is proposing City Council approval of a budget amendment to increase the estimated revenue in the General Fund by $4,558 and increase appropriation for expenditures in the General Fund by $4,558, and by $161,000 in the Park Development Fund in order to accommodate the total cost of the project. RECOMMENDATION: Staff intends to recommend City Council award of the Skate Park Improvements contract to Native Skateparks, LLC in the amount of $262,413 and authorize the Mayor to execute the contract. In a separate action, Staff intends to recommend City Council approval of a budget amendment increasing estimated revenue in the General Fund by $4,558, and increasing the appropriation for expenditures in the General Fund by $4,558, and increasing the appropriation for expenditures in the Park Development Fund by $161,000 ATTACHMENT: A. GIS Map of Skate Park B. Owasso Skate Park Site Plan C. Skate Features D. Examples of Past Projects S K A T E P A R K The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1004 US -169 North Overlay DATE: April 6, 2012 BACKGROUND: Overlay districts are flexible land use control tools which establish additional development standards over the base zoning districts. Typically, overlay districts are used to protect areas from undesirable uses, control architecture and design, require additional landscaping beyond the base standards, or encourage mixing residential and business activity to support pedestrian oriented development. The Community Development Department has been working on an overlay for the northern portion of the US -169 corridor for over a year. The purpose of this overlay is to develop a basic set of design standards that will ensure the orderly development of the area, while protecting the investments made by businesses in the area and making the area attractive to new industry. The proposed Overlay District for the US -169 North Corridor is situated between East 86th Street North and East 126th Street North in consideration of the belief that there should be protections and standards in place for an area that will likely see the next wave of rapid growth and development that will be important for Owasso's future. This overlay continues building on the Quality of Life Plan principles and encourages sustainable development that will become a long term asset to Owasso. Proposed along the major corridor in Owasso, this overlay is designed to protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso. Great opportunities abound within this corridor and this overlay proposes to establish uses and regulations that promote an environment of business, learning, and growth. Overall, this proposed US -169 North Corridor Overlay District seeks to establish regulations that protect the investment of landowners, as well as new businesses and corporations from unattractive, non - compatible uses, and ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. Further, the overlay will ensure consistency in development, which will ensure property values are maintained and continue to increase. INPUT RECEIVED: On March 5, 2012, the Community Development Department held an open house for the general public to present information about the overlay and answer questions. Most of the concerns were related to a perception that the overlay was an attempt to annex properties within the overlay that are currently outside City limits. Staff answered these questions and explained that this overlay is intended to protect homes in the area, ensure that quality development occurs in the northern portions of Owasso, and that Owasso remain an attractive place for retail and corporate development. In addition to the public meeting, staff created a Facebook page for the overlay and also posted the proposed ordinance on the city web page for review and comment. Staff has worked with property owners, developers, the Owasso Economic Development Authority (OEDA), business owners, and other interested parties throughout the creation of this document. Changes have been made throughout the process in order to address concerns and create a document that will be effective in protecting the northern US -169 corridor. Staff has made additional changes to the language since the last City Council review of the overlay in response to concerns that have been voiced. Those changes include the following: clarification on some of the prohibited uses; clarification on what constitutes a vested project; changes to the parking requirements removing the requirement for buildings to be constructed at the front of lots; removal of the requirement of parapet walls on buildings because this is covered in Chapter 20 of the Zoning Code; additional language promoting the use of Unified Sign Plans; and, clarification of outdoor sales requirements. These changes can be found within the attached ordinance with additions underlined and removals of text crossed -out. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on March 12, 2011. At that meeting, the Planning Commission held a public hearing. Upon closing the public hearing, the Planning Commission voted 5 -0 to recommend City Council approval of the US -169 North Overlay. CITY COUNCIL REVIEW: City Council held a public hearing on March 20, 2012 for the purpose of receiving citizen comments and input relating to the US -169 North Overlay. Only one citizen spoke at the public hearing and staff has worked with that individual to address his concerns. No action was taken at the City Council meeting. An ordinance is now being brought before City Council for consideration and action regarding the final step in the overlay adoption process. RECOMMENDATION: Staff recommends City Council approval of the Ordinance No. 1004 ATTACHMENTS: A. Ordinance No. 1004 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1004 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB - CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS, SECTION 860, OVERLAY DISTRICTS, BY ADDING SUB - SECTION 860.4, US -169 CORRIDOR OVERLAY DISTRICT NORTH, CONTAINING SUB - SECTIONS 860.4.1, PURPOSE, 860.4.2, US -169 CORRIDOR OVERLAY DESIGNATED, 860.4.3, PERMITTED USES, 860.4.4, NON- CONFORMING USES, 860.4.5, LANDSCAPE REQUIREMENTS, 860.4.6, GENERAL REQUIREMENTS, 860.4.7, DESIGN CONSIDERATIONS, AND 860.4.8, BUILDING AND SITE DESIGN STANDARDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub - Chapter 8, Section 860, shall be amended to read as follows; Section 860.4 US -169 Corridor Overlay District North Definition. An overlay district is the application of an additional layer of development standards, regulations or exceptions that modifies existing land use regulations. It acts as a supplement to the underlying zoning designation. 860.4.1. PURPOSE • Encourage sustainable development that will become a long term asset to Owasso • Protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso • Establish uses and regulations that promote the development of this area as a corridor that promotes an environment of business, learning and growth • Protect the area around Tulsa Technology Center from uses that may have a detrimental impact on the facility and the City's ability to attract quality development • Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non - compatible uses • Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion • Ensure a high quality of development that will ultimately generate an economically enhanced and pedestrian friendly area for Owasso. • Follow the principals of the Quality of Life Initiative 860.4.2 US -169 CORRIDOR OVERLAY DESIGNATED The District covers an area roughly '/a to %2 mile on either side of US -169 from 86th Street North to 126th Street North, and is depicted in figure 860.2 -1 and defined on the official zoning map. 860.4.3 PERMITTED USES The base zoning districts of properties fully or partially within the designated overlay district shall not be affected except as noted in this chapter. All applicable regulations for use, yard, area lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned development stipulations. Where any of the above regulations conflict with those of the overlay district, the more restrictive shall apply. Figure 860.2- 1 US-169 Overlay A. USE RESTRICTIONS 1. In AG districts, only existing agricultural uses shall be permitted and shall be subject to all applicable standards and regulations in Section 300 -330, No Specific Use Permits shall be issued for any land zoned AG and no new AG uses or businesses shall be allowed. 2. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of a Specific Use Permit, except for those listed below in Section 860,2.3 A.3, 3. Allowed Uses. Within the US -169 North Overlay, unless otherwise restricted, any use permitted, or with a specific use permit in the underlying zoning district shall be permitted. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book. Upon annexation all tracts of land shall be zoned commercial, office or in conformity to the existing adopted land use plan in effect at the time of the annexation, New residential development of any kind shall be developed as a Planned Unit Development (PUD), 4. The following By -Right and Specific Use Permit uses shall be prohibited in the US -169 North Overlay District. • Industrial Uses in the IH and IM District • Any new agricultural uses or businesses • Chick hatchery • Halfway house • Landfill • Bindery • Casino /Gaming Center • Juvenile Delinquency Center • Pre - Release Center • Animal and Poultry Raising • Power Plant • Sexually- oriented businesses • Bottled Gas Sales • Outdoor Kennels (not a part of veterinary or grooming business) • Taxidermist • Cemetery • Oil Well Drilling and Cleaning Establishment • Fuel oil sales(does not include gas station or convenience store) • Race tracks (animal or vehicle) • Mini- storage warehouses (as a primary use • Truck stop • Shooting range (outdoor) • Drag strip • Outdoor storage of any kind as the principal use • Portable building sales • Cesspool Cleaning • Concrete Construction Service 11 5. The following uses shall be permitted with the issuance of a Specific Use Permit, subject to compliance with the provisions of this section, • Auctioneer • Auto wash • Agricultural implement sales • Appliance store and repair • Woodworking shop • Aircraft sales • Boat and Recreational Vehicle sales • Fence construction company • Golf Driving range • Truck rentals • Monument sales • Camper Sales • Disinfecting Services • Lumber yard • Cabinet Maker • Plastic material sales • Construction equipment sales • Go -kart track • Outdoor Recreation including amusement parks • Auto Sales (5 Acre Maximum Parcel Size) • Auto Rental • Motor vehicle repair • Retail greenhouse • Janitorial service Vending sales and service • Exterminating services • Bus station • Any retail use with primarily outdoor sales • Park and ride lots • Motorcycle Sales 860.4.4 NON - CONFORMING USES Existing, but non - conforming properties, which existed as of the date these regulations became effective, shall be allowed to continue in the some manner after the adoption of these regulations, However, such non - conforming properties shall be subject to these regulations if feasible when: 1. A property is annexed into the City,, 2. A property owner requests any zoning change; 3. The principle use on the property is discontinued for a period of six calendar months; 4. The property is destroyed or significantly altered (60% or greater); 5. Enlargements or improvements are made to the property that increase the gross square footage by 25% or 6. When any change as identified above occurs, the property owner must demonstrate that the change to the property shall not significantly impair the safe and efficient flow of traffic within the study area, The Administrator may require the property owner to provide a site specific traffic study to 5 determine the potential impacts of the proposed changes as part of the site development plan. 860.4.5 EXISTING USES A. SINGLE FAMILY RESIDENTIAL - The US -169 North Overlay shall not affect existing single family residential uses, neighborhoods, or platted residential developments, Said uses may continue to exist in perpetuity until such time as they may be redeveloped or rezoned for another use. B. PROPERTIES OUTSIDE OWASSO CITY LIMITS - This overlay covers areas that are currently outside of Owasso City Limits. Unless these properties are annexed into Owasso City Limits, they shall not be required to comply with the regulations of this chapter, If annexed, these properties shall be subject to the regulations set forth in this chapter. C. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that was approved or had plans submitted prior to the effective date of this section shall not be required to comply with these regulations unless they meet any of the criteria from section 860,4.4. Previous approvals remain valid unless the approval date lapses or unless changes are made to the previous approvals. This shall refer to site plans, building plans, Planned Unit Developments or Specific Use Permits submitted prior to the effective date of this overlay shall only be required to comply with the zoning regulations in affect at that time. An approved plat shall not constitute approval of a proiect. The Administrator shall determine if a project meets these criteria. 860.4.6 LANDSCAPE RE6QUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code with the following additional requirement: 1. All signage shall have shrubs and /or perennial flowers at the base. Said shrub /flower bed shall and be enclosed with an edging material such as brick, stone, steel edging, concrete or similar material, 860.4.7 GENERAL REQUIREMENTS 1. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section. 2. Architectural details and /or drawings shall be submitted to the Community Development Department at the time of site plan submittal. Architectural plans shall depict architectural details outlined in this Section and shall consist of: a. Preliminary renderings or drawings cross sections to clearly define the ensure these provisions are met, and n of building elevations plus typical character of the project and to b. Exterior building materials inventory to indicate compliance with this Section. The Administrator shall review the proposed building materials for compliance. 860.4.8 DESIGN CONSIDERATIONS Developments shall be evaluated using the following criteria A. COMPATABILITY Adjacent buildings shall relate in similarity of architectural style, roof style, and configuration. B. PROPORTIONS Windows, doors, columns, piers, projections, ribs, awnings, cornices, parapets, eaves, and other building components shall be proportional to the overall scale of the building. Windows should be greater in height than width, unless otherwise required by a specific design feature or architectural style. 860.4.9 BUILDING AND SITE DESIGN STANDARDS A. BUILDING ENTRANCE Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are not allowed. (See Figure 860.2 -3) Figure 864.2 -3 B. BOULEVARD ENTRANCE For developments containing total floor area in excess of 50,000 square feet, the principal access into the site shall be a boulevard incorporating a 10 -foot wide 7 landscaped center median that complies with Chapter 20 of the Owasso Zoning Code. C. OFF STREET PARKING Off street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. See / Figure 860.2-4. 8f- street 1944 pg lecete -hetbJPen tho -frEnt Of the- 196111Q�IRg elpe t4^ 4,ee YIIYht / Loading areas shall be located behind the main building and screened in accordance with Chapter 20, All parking lots drives, aisles and other elements shall comply with Chapter 9 of the Owasso Zoning Code. Figure 860.2 -4 Preferred (off- Street Parking Configurations D. BUILDING SETBACK It is the intent of this chapter to enhance and preserve the character of the overlay by ploeip promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street frontage, therefore building setbacks along highway frontage roads may be reduced to 20 feet, E. TRANSIT STOPS All transit stops shall be covered to offer shade and shelter from the elements. F. OUTDOOR SPACE Each site with a building larger than 10,000 square feet shall be designed to include public pedestrian walkways internally and throughout the development, linking all areas and buildings facilities open to the public, and shall include one (1) or more plazas or courtyards with benches, or patios /seating areas. For single developments containing total floor area in excess of 80,000 square feet, at least one (1) outdoor space or site amenity shall be required on the site or on adjacent land, in addition to the required plaza or courtyard area. All features shall be accessible, useable spaces. Outdoor Space or Site Amenities may include, but are not limited to: 1. Window shopping walkway 2. Water feature 3. Clock tower 4. Seating walls 5. Benches 6. Courtyards or plazas 7. Fountains 8. Sculpture or public art The Administrator may approve any other such deliberately shaped area or focal feature or amenity that in the judgment of the Administrator, adequately enhances such community and public spaces. G. SIDEWALKS All buildings parking areas, public spaces, amenity features, and adjoining developments of similar use, shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in City of Owasso Engineering Standards. H. EXTERIOR MATERIALS Exterior building materials shall include brick, split -faced concrete block, stone, stucco, synthetic stucco, or cement -board or wood siding. Metal may be used as accent material, and cumulatively may not exceed 20 percent of the area of any individual exterior wall. All windows and doors to customer service areas along building frontages at the ground floor level on any retail building shall be transparent. W 1. MULTIPLE BUILDINGS IN COMMERCIAL CENTERS In order to achieve unity between all buildings in a commercial development consisting of more than one building, all buildings in such a development, including pad site buildings, shall employ a consistent architectural style or theme, be constructed of similar exterior materials, and feetur- 5f.,-,#Gr ^^l Design criteria for large and multi -phase developments shall be provided for review. I. ROOF PITCH Flat roofs and roofs with a pitch of less than 3 :12 require a parapet wall. Eaves a minimum of one (I) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6 :12 shall be wood, tile, slate, architectural asphalt shingles, or low- reflectivity metal (flat or matte finish). Applied mansard roofs shall not be permitted. K. ELECTRICAL AND SERVICES EQUIPMENT HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with Chapter 20. Utility meters, aboveground tanks, satellite dishes and antennas shall also be screened from view. Wall- mounted mechanical equipment that extends six inches (6) or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the City Council, all electrical and telephone lines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. All utility installation shall conform to the City's adopted Technical Standards and Specifications. L. WALL ARTICULATION Facades shall have a recognizable "base" consisting of (but not limited to): walls, ledges, sills, integrally textured materials (such as stone or other masonry), integrally colored and patterned materials, or planters. Facades shall also have a recognizable "top" consisting of (but not limited to): cornice treatments with integrally textured materials (other than colored "stripes" or "bands'), sloping roofs (with overhangs and brackets), or stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front facade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty feet (50 ) in length shall incorporate one *wg or more of the following features at least every fifty feet (50) in length (See Figure 860.2 -6): 10 1. Changes in color, graphical patterning, changes in texture, or changes in material 2. Projections, recesses, and reveals expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12") 3. Windows and fenestration 4. Gable projections 5. Horizontal /vertical breaks 6. Other similar techniques The Administrator may approve variations or alternate treatments so long as the intent of the ordinance is met. i+iM MoWWchwWs -ay be wedin Ow M or h shown n to -:ado of Figure 860.2.6 11 M. SIGNAGE Signs shall be permitted in accordance with Chapter 78 of the Owasso Zoning Code, with the following exceptions: 1, Pole signs of any type over twenty five (25) feet in height are prohibited. Pole signs shall only be allowed on parcels adjacent to LIS- 169, 2, All signs not attached to buildings shall be of monument form and constructed of materials that complement the main building(s), 3. All signs not attached to buildings shall be set in a landscaped bed. 4. Maximum height shall be twenty five (25) feet for property with frontage on US -169 and SH -20, 5. Maximum height shall be twenty (20) feet for property with frontage on all arterial roads, 6, Maximum height for signage shall be ten (10) feet for all other public roads, 7, Full video message boards and signs are prohibited within the Overlay District, 8. New developments shall be allowed to use the Unified Sign Permit process and are encouraged to do so, N. BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on the highway are encouraaed to ill be oriented towards the highway. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the highway and the secondary street, All buildings are encouraaed to sheuld be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings, O. COMMERICIAL DRIVE THROUGH LANES Drive - through facilities associated with commercial uses shall be architecturally Integrated with the building, Q. OUTDOOR DISPLAY AND SALES All outdoor display or sales areas shall be shown on the site plan and shall encompass less than 20% of the area of the building footprint, Said display area shall be landscaped to provide definition of the area, Any allowed use that requires primarily outside sales shall not be required to meet these criteria A SCREEENING OF REFUSE COLLECTION AND LOADING AREAS Refuse collection areas shall be screened in accordance with Chapter 20. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non- enclosed service, storage, and off - street loading areas shall be screened with opaque sight- obscuring walls and /or fences of between six feet (6) and eight feet (8) in height made of durable materials, Screening materials shall be the some as or of equal quality to, the materials used for the primary building and landscaping, SECTION TWO (2): BOUNDARY 12 This Ordinance shall affect all properties within the boundary described as follows: Beginning at the Northwest Corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence east along the northern boundary of said Section 4 to the Northeast Corner of said Section 4, thence south along the eastern boundary of said Section 4 to the Northeast Corner of Section 9, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the eastern boundary of said Section 9 to the Northeast Corner of Section 16, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the northern boundary of said Section 16 a distance of 1489.70 feet to a point on the section line, thence south to the West Right Of Way of North 138th East Avenue, thence south along the West Right Of Way of North 138th East Avenue to the northeast corner of Coffee Creek Office Park, a subdivision in Tulsa County, City of Owasso Oklahoma, Thence west along the north boundary of said subdivision to the northwest corner of said subdivision, thence south along the west boundary of said subdivision to the southwest corner of said subdivision, thence south across right of way of East 103rd St North, a street in the City of Owasso, Oklahoma, to the northwest corner of Cross Timbers, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to the southwest corner of said subdivision, thence east along the south boundary of said subdivision to the southeast corner of said subdivision, thence south to the southwest corner of City View Estates, a subdivision in Tulsa County, Oklahoma, thence west to the northwest corner of First Baptist Church of Owasso, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to a point of intersection with the south line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along said south section line to the northwest corner of Section 21, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the west line of said Section 21 a distance of 1597,54 feet to a point on the said section line, thence west to the southeast corner of Lot Reserve Area "A" of Tyann Plaza V, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence west along the southern boundary of said Lot Reserve Area "A" a distance of 1052.49 feet to a point on the east line of Lot 1, Tyann Plaza VI, a subdivision in Tulsa County, City of Owasso Oklahoma," a distance of 55.78 feet north of the southeast corner of said Lot 1, thence south along east line of said Lot 1 to the southeast corner of said Lot 1, thence west along the south line of said Lot 1 a distance of 314.57, thence south a distance of 444.62 to a point that is a distance of 133 feet northeast of the northeast corner of Lot 2, Block 1 of Tyann Plaza IX, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south west a distance of 133 feet to the northeast corner of said Lot 2, thence south along to the east boundary line of said Lot 2 a distance of 638.94 feet to a point on the west line of the northwest quarter of Section 20, Township 21 N, Range 14 E, thence south along the east line of Lot Reserve Area "B ", Tyann Plaza X, a subdivision in Tulsa County, City of Owasso, Oklahoma, a distance of 315.94 feet to a point on the north line of Three Lakes III, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north line of said subdivision a distance of 1141.99 feet to the northwest corner of said subdivision, thence southwest along a boundary line of said subdivision a distance of 289.61 to the northwestern subdivision corner, thence south along the west boundary line of said subdivision a distance of 1220.63 feet to the southwest property corner of Lot 4, Block 1 of said subdivision, thence southeast along the boundary of said subdivision a distance of 288.37 feet to the southwest corner of Lot 13 1, Block 1 of said subdivision, thence southeast along the west boundary of Three Lakes II, a subdivision in Tulsa County, City of Owasso Oklahoma, a distance of 697.02 feet to the northwest corner of Lot 4, Block 1, of said subdivision, thence south along west line of said subdivision a distance of 434.64 feet to a point on the south line of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 20 to southeast corner of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 19 a distance of 940 feet to a point on the said section line, thence north along the East Right of Way of North Cedar Street, a street in the City Of Owasso, a distance of 624.10 to the west property corner of Owasso Post Office Addition, a subdivision in Tulsa County, City of Owasso Oklahoma, thence northeast to the southwest corner of Lot 11, Block 2, Ator Heights 3rd Extended, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to southeast property corner of Lot 9, Block 2 of said subdivision, thence northeast along the said subdivision boundary to the east property corner of Lot 2, Block 2 of said subdivision, thence north to the northeast corner of Lot 1, Block 2, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence due north 30 feet to the centerline of E 22nd St N, a street in the City of Owasso, thence west along said street centerline a distance of 327.19 to a point on the street centerline, thence north to the southeast corner of Lot 1, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence north to the northeast corner of Lot 6, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north boundary of Lot 7, Block 3, Ator Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma a distance of 155.90 feet to a point on said boundary line, thence N 00 005'04" E a distance of 93.86 feet, thence N 46 017'32 "E a distance of 714.43 feet, thence N 00 005'04" E a distance of 71.67 feet to a point on the south boundary line of Caudle Center, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the southern boundary of said subdivision a distance of 330.26 feet to a point on the east boundary line of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the eastern boundary of said section a distance of 659.61 feet to the southwest corner of Section 17, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the west line of said section 17 a distance of 1322.82 to a point on the said section line, thence east to the southwest corner of Lot 4, Block 1, Bailey Ranch Estates, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to the southeast corner of Lot 17, Block 7 of said subdivision, thence east along the south boundary of Bailey Ranch Estates II, subdivision in Tulsa County, City of Owasso Oklahoma, to the southeast corner of Lot 12, Block 9, of said subdivision, thence north along east boundary of said subdivision to the northeast corner of Lot 8, Block 4 of said subdivision, thence east along the north boundary of Owasso Medical Campus, subdivision in Tulsa County, City of Owasso Oklahoma, to the northeast corner of Lot Reserve Area "B" of said subdivision, thence north to the northwest corner of Reserve Area "A" of Owasso Medical Park, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the north boundary of said subdivision a distance of 688.16 feet to a point on the west line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 9, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City 14 of Owasso, Oklahoma, thence north along the west boundary of said section to the Point of Beginning the northwest corner of Section 4, Township 21 North, Range 14 East, The described boundary contains 98396500.78 square feet or 2258,87 acres more or less, SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed to the extent of the conflict only. SECTION FOUR (4): 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 FIVE (5): 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 SIX (6): CODIFICATION The City of Owasso Zoning Code, Chapter 8, Planned Unit Developments and Overlay Districts, Section 860, Overlay Districts, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended and codified adopting Section 860.4, US -169 Corridor Overlay District, containing sub - sections 860.4.1, Purpose, 860.4.2, US -169 Corridor Overlay Designated, 860.4.3, Permitted Uses, 860.4.4, Non - Conforming Uses, 860.4.5, Landscape Requirements, 860,4,6, General Requirements, 860.4.7, Design Considerations, 860.4.8, Building and Site Design Standards. PASSED AND APPROVED this day of , 2012, ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 15 Doug Bonebrake, Mayor OCity Wi out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat, Willis Farms Addition DATE: April 6, 2012 BACKGROUND: The City of Owasso received a Final Plat application for review and approval of the Willis Farms Addition. The Willis Farms Addition plat proposes six (6) lots on approximately 29.998 acres of property. The applicant wishes to plat the property for the development of a commercial area, which will conform to the current zoning of CS (Commercial Shopping). The property has historically been used as single - family residential and agricultural land. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Sho in Commercial Commercial Owasso CS Residential Single Family Single - Family Residential South (RS -2) and Residential and Owasso Commercial and Commercial Shopping CS Commercial Residential East Single Family Church Transitional Owasso RS -2 West Commercial ShoDning CS Commercial Commercial Owasso ANALYSIS: The final plat for the Willis Farms Addition consists of six (6) lots on approximately 29.998 acres. The applicant is platting the property for the purposes of developing a commercial area with one larger tenant and five smaller parcels for future development. Cross access easements are proposed to provide internal access to the smaller lots, ensuring that no additional curb cuts are made onto E 96th St N. Three (3) driveways are proposed along E 96th St N and two (2) driveways along the service road at the west of the subject property. There are utility easements located along the perimeter of each lot and internally on Lot 1, providing the necessary access for all required utilities. A reserve area 'A' is proposed to handle the detention for the future development of Lots 2, 3, 4, 5 and 6. The detention for Lot 1 will be contained on the lot itself and there are private drainage easements covering the two detention areas of Lot 1. The subdivision regulations state that any final plat that is not recorded in Tulsa County within six months of approval shall be null and void. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including, but not limited to paved streets, landscaping, and sidewalks. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property does not fall within a sanitary sewer payback area, but will be subject to the Storm Siren fee of $35 per acre. In a regional context, this proposed addition is in conformance with the Owasso 2025 Land Use Master Plan, as the area is shown for commercial uses. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the final plat for the Willis Farms Addition at their regularly scheduled meeting on March 28, 2012. The TAC comments are attached. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on April 9, 2012. RECOMMENDATION: Staff intends to recommend City Council approval of the final plat for the Willis Farms Addition subject to Planning Commission recommendation. ATTACHMENTS: A. Area Map B. Aerial Photo C. Submitted Final Plat D. TAC Comments Willis Farms Addition !! £ St J ©hit OW'K%0 j VV . f r ti LZ .f i 4 _ 0.Y S - \ :I440 �, j - _� �1004ft ' E i�l Zti[. LJ r `4 1" = 752 ft Final Plat Map 04/0512012 J This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date information_ Willis Farms Addition 1" = 752 ft Final Plat Map 04/05/2012 s This map represents visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions- To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information- OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, March 28, 2012 City Hall, Lower Level Conference Room PRESENT ABSENT David Vines Chief Yancey Chelsea Harkins Chief Garrett Rick Shoemaker -ONG Tim Maxey — AT &T Larry Clark — Cox Evelyn Shelton — AEP/PSO Bronce Stephenson Marsha Hensley Karl Fritschen Daniel Dearing Dwayne Henderson Brian Dempster Dan Salts John Feary NOTES FROM MARCH 28TH TAC MEETING 3. PRELIMINARY/FINAL PLAT — WILLIS FAMS ADDITION David Vines- Provide clarification on "responsible party" for reserve area maintenance and to whom and when it will be transferred. Public Works- • Indicate the location of water wells, oil wells and septic tanks. • Show detention ponds to be located in Reserve Areas or within a drainage easement. • Change the date of preparation. • Show other subdivisions in the Section on the location map • Identify adjacent property owners /subdivisions on map, especially ODOT and property to north. • Reference all cross - access easements to property lines and dimension the easement widths • Provide or reference bearings on all easements • Include a 17.5' easement around perimeter of the property. • Driveway between Lots 4 and 5 is allowed as long as it is a right -in and right -out only. • Show dimension of Access to Lot 5 from the north of Lot 4 • Remove the term "initially" from Line H.1. AT &T- Tim Maxey, tm1248 @att.com • In the process of reviewing the language. Community Development- Label limits of no access around the entire perimeter. Show breaks only where approved. ONG- • Make sure Lot 2 has legal access point, maybe 5' entry into Lot 2. • Covenant #F -1, correct the spelling of "establish ". • Please provide at least two (2) internal access points or easements to each of the lots 2 -5. We will not approve curb cuts onto E. 96th St N for these lots. All access must come internally. • Provide limits of no access to all areas not shown as driveways. Please note that none of the smaller lots will be able to take access from City streets due to curb cuts. All access to • The planned entrance between lots 2 and 3 should be a cross access easement similar to the drive to the east. This will provide the needed access to those lots. • ONG covenants language needs to be added. • Indicate a 17.5' perimeter easement. • Change the building set back on the out parcels to show a utility easement. • Place meters at front, east or west sides of lots that face East 96 Street North. Fire Department- 0 No comments. Cox • Provide a 4" conduit. AEP/PSO- • Add language in the covenant regarding overhead lines along northern perimeter. • Show a 15'easement on the west side of Block 6. • Indicate a 4" PVC at source point to meter. Chelsea Harkins- 0 No comments. #4 SITE PLAN — SAM'S CLUB David Vines- Discussion was held regarding the height of the parking light pole lights. After review, the City Planner accepted the height (39') of the light poles. The taller poles will reduce the number of pole lights. Bronce stated that the plan meets all lighting code requirements. Public Works- • Drainage study needs to be provided for approval. • Address the possibility of traffic bottlenecking at the western exit. North -south traffic needs to be diverted to the east so a long limited access exit lane be provided to keep the bottleneck from occurring. • Off -site easements need to be filed for approval. • Owner's Agreement needs to be executed • Engineer's Agreement needs to be executed. • Earth Change Permit needs to be prepared and submitted. • SWP3 needs to be prepared and submitted. • Water, sewer and drainage plans need to be submitted for approval, which include plan and profile sheets and details. There are several other off -site issues that have to be resolved before this project can proceed, including road widening projects and utility extensions. AT &T- Tim Maxey, tm1248 @att.com • Discussed location of electric room. Community Development ONG- • The zoning on the perimeter property needs to be corrected. • The planned entrance between lots 2 and 3 should be a cross access easement similar to the drive to the east. This will provide the needed access to those lots. • Please date the plans • Please note on site plan or landscape plan that trash receptacles will be placed somewhere on each row of vehicles. This is a requirement of the landscape ordinance. They can be attached to the cart corrals. • Please note materials and dimensions used for the screening of the refuse area at the north of the lot. • Please note building height on the site plan. • Western entrance from service road is a concern. We have a similar situation at the Wal -Mart in Owasso and it is preferable that an alternate solution or driveway orientation be used. We would love to meet with you to discuss alternate designs. • It would be a shorter distance to run gas off of 99th Street North. • The size of gas meter was discussed. Fire Department- No comments. Cox- FA 1117I7.Y�� • No commends. • Show service out of transformer to meter. Chelsea Harkins- 0 No comments. 90 0 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Chelsea M.E. Harkins Economic Development Director SUBJECT: Sam's Real Estate Business Trust Construction Agreement DATE: April 6, 2012 BACKGROUND: Representatives from Sam's Real Estate and Tapp Development contacted staff last fall regarding their desire to construct a Sam's Club in Owasso on land northeast of the intersection at 96th Street North and 129th East Avenue. Sam's Real Estate intends to purchase approximately thirty (30) acres of land at this location of which eighteen (18) acres will be used to construct a 136,000 square foot Sam's Club. Five additional lots will be prepared and available for retail and business uses. Sam's Club normally only considers locating in communities more than 100,000 population base. They chose Owasso based on the large projected consumer base coming south from the "funnel" area and north from the Metro area. The traffic count data, existing retail sales, and opportunity gap supported a case to build a store in Owasso. The store is projected to generate approximately $1.8 to $2.2 million dollars in sales tax revenue annually. After assessing the proposed site, a fair amount of improvements were evident to prepare the area for this development as well as future growth to that part of the corridor. The water pressure for the site is an issue and in order for the City to serve the site as well as areas to the north, a watermain needs to be extended. The other option to this issue would be to tie into the existing line on the site, which currently does not provide adequate pressure or volume. This option would require adding another water tank which would be costly and require additional maintenance. By choosing the option to extend the watermain, not only will it serve the northeast corner property, but it will also serve the acreage to the north. Due to the topography of the site, a sewer line needs to be extended and will be able to serve the site as well as thirty - five (35) acres of undeveloped land to the north. Street widening and signalization improvements are needed to accommodate the increased traffic flow for any additional development in this area. The improvements proposed will accommodate additional traffic in that corridor for the next twenty years. Building the ideal plan in the beginning is optimal rather than coming back after construction on the site, adding cost and congestion. A Construction Agreement between the Owasso Public Works Authority and Sam's Real Estate Business Trust has been prepared and is attached for your information and review. The document is similar to development agreements that the City of Owasso /OPWA has entered into with Smith Farms and Morrow Place that allowed reimbursements for certain costs related to public improvements in the development area. The cost estimate for the public improvements is $4,566,300. Sam's would initially pay all costs incurred for the design and construction of the public improvements. The Construction Agreement outlines a plan that would allow Sam's to be reimbursed an estimated $4,066,300 of the actual costs of the public improvements from the sales tax generated on that site. The reimbursement would be made through the Owasso Public Works Authority. The reimbursement would only come from revenue generated from this site to include Sam's Club and any future businesses located on any of the out lots. The Agreement provides that Sam's would be reimbursed up to one -sixth of the agreed amount annually. Based on estimates of sales tax that would be generated by the project, the city would receive additional sales tax of $10.8 to $13.2 million over a six -year period. After reimbursement to Sam's of $4,066,000 for the public improvements, the city would still have an estimated $6.7 to $9.1 million of increased sales tax revenue during those six years. INFRASTRUCTURE NEEDS TO SERVE SITE: Water Service Staff has recommended construction of a new 16 -inch water main approximately 1.2 miles from 96th Street North and Garnett Road to the development along the north side of the existing Wal- mart. The line would be in a private easement and utilize public right -of -way where possible and for the crossing of U.S. Hwy 169. Sewer Service The closest sanitary sewer line capable of serving the site is on the west side of CVS Pharmacy. This line would need to be extended east to the southeast corner of the CVS building and then north to the site. Transportation Service Recommendations are to widen 96th Street North to 138th East Avenue; 129th East Avenue to the ODOT frontage road; and the ODOT frontage road from 129th East Avenue to 99th Street North. Signals are recommended at the entrances on 961h Street North and on the frontage road. COST ESTIMATES: ■ Water Improvements: $1,247,300, includes design and construction. ■ Sewer Improvements: $203,000, includes design and construction. ■ Transportation Improvements: $3,053,000, includes design and construction of all roads in concrete. ■ Due diligence and other: $63,000, includes survey and geotechnical services. ■ Total Estimated Cost: $4,566,300 PROPOSED ACTION: The proposed Construction Agreement would require both City Council and OPWA approval. The Agreement is anticipated to go before the City Council and the Owasso Public Works Authority on Tuesday, April 17, 2012. ATTACHMENTS: A. Construction Agreement B. Site Plan C. Renderings State: Oklahoma County: Tulsa City: Owasso Sam's Store #6238 -00 CONSTRUCTION AGREEMENT BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND SAM'S This Construction Agreement (this "Agreement ") is entered into by and between the Owasso Public Works Authority, (the "Authority "), a public trust existing under the laws of the State of Oklahoma, and Sam's Real Estate Business Trust ( "Sam's "), a Delaware Statutory Trust. WHEREAS, Sam's intends to purchase three (3) tracts of land in the corporate limits of the City of Owasso at the northeast corner of North 129th East Avenue and East 96th Street North in Owasso, Oklahoma, which will be combined and developed into a single tract of land located in the Southeast Quarter of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma (the "Property "), more particularly described on Exhibit A attached hereto, to construct a proposed Sam's Club thereupon; and WHEREAS, the Authority believes that it would be in the best interest of the traveling public and the citizens of the City of Owasso (i) to make roadway improvements to East 96th Street North, North 129th East Avenue and the U.S. Highway 169 Frontage Road; (ii) to extend a 16" public waterline to the Property; and (iii) to extend a sanitary sewer to the Property; and WHEREAS, the Authority desires to promote the health, safety, economic security, prosperi ty and general wel fare of the ci ti zens of the Ci ty of Owasso by provi di ng i nducements to pri vete persons, enti ti es, trusts and corport ons to promote economi c devel opment for the resi dents of the City of Owasso; and WHEREAS, by locating said Sam's Club in Owasso, the Authority finds that additional new jobs will be provided, many current jobs will be retained for the residents of the City of Owasso and the surrounding communities, and municipal revenue for public purposes will be increased; and WHEREAS, pursuant to Title 62, Chapter 9 of the Oklahoma Statutes, the Authority is granted the authority to provide reimbursements to a development based on the anticipated sales tax revenue created by the Project, and the Authority does not have sufficient current funds to pay the costs of the Public Improvements as hereinafter defined. The Authority has determined that the proposed Sam's Club, combined with additional outlots (the "Project "), will generate sufficient tax revenues to reimburse Sam's the costs to construct the necessary and required public infrastructure; and WHEREAS, the Authority desires to enter into this Agreement, which the Authority hereby finds will further the economic development of the community and increase municipal revenue for public purposes; NOW, THEREFORE, THE AUTHORITY FINDS THAT: Entering into this Agreement with Sam's is legislatively determined to be for the legitimate public purpose of the economic development of the City of Owasso; 2. The Authority hereby contracts with Sam's to help achieve this public purpose; and, 3. This Agreement provides for adequate consideration, accountability and safeguards in exchange for the consideration to be extended as provided herein. 4. The expenditure of funds pursuant to the Project and to this Agreement is consistent with the goals and resolutions of the Authority, and such expenditure of funds, together with the Project and this Agreement, have been approved by all necessary parties. NOW THEREFORE, the Authority and Sam's, in consideration of the terms, covenants and conditions herein set forth, hereby agree as follows: Road Projects. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect, permit and improve the following roadway projects (the "Road Projects "): (a) East 96th Street North; 2 (b) North 129th East Avenue; (c) U.S. Highway 169 Service Road; (d) Install traffic signal at intersection of North 129th East Avenue and Service Road to U.S. Highway 169; and (e) Install traffic signal at East 96th Street North and North 133rd East Avenue. The scope of work to be performed by Sam's in connection with the Road Projects is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Road Projects shall be conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Road Projects. The estimated construction cost for the Road Projects is $2,750,000, the estimated engineering fee for the Road Projects is $212,000 and the estimate for materials testing is $91,000. 2. Waterline Extension. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect and permit an extension of a 16 -inch public waterline approximately 1.2 miles from Garnett Road to the Property (the "Waterline Extension "). The scope of work to be performed by Sam's in connection with the Waterline Extension is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Waterline Extension shall be conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Waterline Extension. The Authority shall also be responsible for obtaining the necessary temporary and permanent easements along the Waterline Extension. The estimated construction cost for the Waterline Extension is $1,150,000, the estimated engineering fee for the Waterline Extension is $71,300 and the estimate for materials testing is $26,000. 3 3. Sanitary Sewer Extension. Sam's agrees, in accordance with the laws of the State of Oklahoma, to plan, engineer, obtain bids, contract for, administer the contracts for, construct, inspect and permit a public sanitary sewer to serve the Property (the "Sanitary Sewer Extension "). The scope of work to be performed by Sam's in connection with the Sanitary Sewer Extension is depicted on the Site Map attached hereto as Exhibit B. All applicable inspections and testing of the Sanitary Sewer Extension shall be conducted by the Authority pursuant to State and Federal regulations. Except as set forth in Section 10 below, the Authority shall be responsible for obtaining all rights of way necessary for the construction of the Sanitary Sewer Extension. The estimated construction cost for the Sanitary Sewer Extension is $186,000, the estimated engineering fee for the Sanitary Sewer Extension is $14,000 and the estimate for materials testing is $3,000. 4. Due Diligence. Sam's agrees to perform the due diligence for the Public Improvements, as defined hereinafter, which will include the following costs: Survey - $12,500, Geotech - $19,000, and Environmental / Wetlands Survey - $5,000. 5. Bond and Design. Sam's, or its Contractor for the Public Improvements, will post a Performance Bond and a Statutory Bond, or other satisfactory collateral, for the Public Improvements with the Authority prior to the start of construction. All design and construction of the Road Projects, the Waterline Extension and the Sanitary Sewer Extension (sometimes collectively referred to herein as the "Public Improvements ") undertaken by Sam's shall be consistent with all City / Authority codes and ordinances as well as any other regulations or plans relative to the Public Improvements. 6. Documentation and Acceptance of Public Improvements. Upon completion of the Public Improvements, Sam's shall deliver any and all appropriate legal documentation, including, but not limited to, assignments, bills of sale, deeds, easements or grants reasonably necessary to convey 4 unto the Authority or its assignee(s) all of Sam's right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens or interests of others which do or might impair the title of the Authority or its assignee(s) in and to the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, Sam's or its contractor shall post a two (2) year maintenance bond for each portion of the Public Improvements. After the respective maintenance bond periods, the Authority will assume responsibility for maintenance of each portion of the Public Improvements. 7. Reimbursement of Costs for Public Improvements. The parties agree that the engineer's preliminary estimate of the total anticipated, estimated costs of providing and developing all of the Public Improvements is $4,566,300 (the "Public Improvements Cost "), as more fully set forth on Exhibit C attached hereto. Such exhibit represents the parties' good faith estimate of the projected costs associated with the construction of the Public Improvements. The expenses to be reimbursed to Sam's by the Authority are solely for the actual cost of construction (not including overhead) of the Public Improvements and any required Performance Bonds and Statutory Bonds, but not Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, Sam's shall provide certified (by an authorized representative of Sam's) figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days' written notice to Sam's, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso, 111 North Main Street, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by Sam's, its agents, officers, employees and/or independent contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. Sam's shall contribute $500,000 to the Public Improvements Cost; Sam's shall be reimbursed for the remaining cost of design, construction, bonding and testing of the Public Improvements set forth on Exhibit C. The reimbursement of the Public Improvements Cost shall be paid by the Authority to 5 Sam's from the sales tax revenue generated by the Project in annual installments in an amount calculated to equal one -sixth of the remaining Public Improvements Cost for a period of six (6) years, without interest, beginning one (1) year after sales tax revenue is generated by the Project. The annual payment made by the Authority to Sam's will in no event exceed the amount of sales tax revenue generated by the Project for that year. In the event the Public Improvement Cost is not fully repaid to Sam's by the Authority within the six (6) year period, annual payments not to exceed the amount of sales tax revenue generated by the Project for each of the years will continue until such time as the Public Improvement Cost is fully repaid by the Authority to Sam's. The duration of this Agreement shall be twenty (20) years, and the Agreement shall automatically terminate twenty (20) years after its execution even if the Public Improvement Cost has not been repaid in full by the Authority to Sam's. 8. Contingency to Performance. The Authority agrees that Sam's duty to perform any and all of the obligations contained within the terms and provisions of this Agreement is contingent upon (i) the acquisition of fee title ownership to the Property by Sam's for the purpose of the construction of a Sam's Club thereon, (ii) awarding contracts for the construction of the proposed Sam's Club, and (iii) commencing construction (collectively, the "Contingencies "), and that if the Contingencies are not satisfied, then Sam's duty to perform any obligation under the terms and provisions of this Agreement shall become null, void and unenforceable. 9. No Covenant to Commence Construction or Operate a Business, Waiver of Liability. The Authority hereby acknowledges that Sam's, as of the date hereof, does not own fee title to the Property, and the Authority has executed this Agreement in order to induce Sam's to close the acquisition of the Property. Notwithstanding anything to the contrary contained herein, the Authority agrees that the Property may be used for any lawful purpose. Notwithstanding anything to the contrary contained herein, it is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either expressed or implied for Sam's to either commence the construction of a building or the operation of a business or thereafter continuously operate a business by Sam's Club on the Property. The Authority recognizes and agrees that if Sam's constructs a Sam's Club on the Property, Sam's may, at Sam's sole discretion, cease the operation of its business on the Property, and the Authority hereby waives any legal action for damages or for equitable relief resulting from such cessation of business activity by Sam's. 10. Dedication of Right of Way. Sam's agrees, upon acquisition of fee title ownership to the Property by Sam's and upon approval of the rezoning of the Property, to dedicate to the Authority at no cost to the Authority any right of way necessary for the construction of the Public Improvements; such right of way shall be granted by Sam's pursuant to the final plat of the Project. The Authority agrees that it will require the franchise utilities to relocate the utilities within the public rights of way, at no cost to Sam's, as soon as practicable after the execution of this Agreement to enable the Public Improvements to be constructed: 11. No Joint Venture. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between the Authority and Sam's nor between the Authority and any officer, employee, contractor or representative of Sam's. No joint employment is intended or created by this Agreement for any purpose. The Authority agrees to so inform its employees, agents, contractors and subcontractors who are involved in the implementation of or construction under this Agreement. 12. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other parry, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (3 0) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. The parties and their successors and assigns further agree that the non - defaulting party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. 13. Notices. All notices and communications required or permitted to be given hereunder shall be in writing and hand delivered or mailed by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: If to the Authori ty: Owasso Public Works Authority c/o City of Owasso Attention: Sherry Bishop, City Clerk 111 N. Main Street P.O. Box 180 Owasso, OK 74055 With a Copy to: Julie Lombardi, City Attorney 111 N. Main Street P.O. Box 180 Owasso, OK 74055 If to Sam's Sam's Real Estate Business Trust Attention: Colby Tanner 2001 S.E. 10th Street Bentonville, Arkansas 72716 -0550 With a Copy to: Wal -Mart Stores, Inc. Attention: Adele Lucas, Associate General Counsel (Store No. 6238 -00) 2001 S.E. 10th Street Bentonville, AR 72716 -0550 And: Conner & Winters, LLP 4000 One Williams Center Tulsa, Oklahoma 74172 -0148 Attention: Beverly K. Smith or Elizabeth G. Zeiders Notice shall be deemed to have been given upon receipt or refusal of receipt. 14. Oklahoma Law. This Agreement shall be construed under the laws of the State of Oklahoma. E 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. 16. Execution in Counterparts. This Agreement may be executed in any number of identical counterparts, each of which for all purposes shall be deemed an original, and all of which shall constitute collectively one agreement. 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Neither party may assign this Agreement or any interest herein without the express written consent of the other party; provided however, that such consent shall not be unreasonably withheld with respect to assignments to Sam's affiliated or subsidiary companies. 18. Agreement Severable. The provisions of this Agreement shall be deemed severable. If any part of this Agreement shall be held invalid, illegal or unenforceable, the remainder shall remain in full force and effect, and such invalid, illegal or unenforceable provision shall be reformed so as to give maximum legal effect to the intention of the parties as expressed therein. 19. Authorization. Sam's represents, covenants and warrants that the making and execution of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary action of Sam's and are valid, binding and enforceable obligations of Sam's in accordance with their respective terms. The Authority represents, covenants and warrants that the making and execution of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary organizational action of the Authority and are valid, binding and enforceable obligations of the Authority in accordance with their respective terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and effective on the date last executed below. M Approved as to form and legality: City Attorney Date: March , 2012 ATTEST: Date: March , 2012 City Clerk Date: March , 2012 OWASSO PUBLIC WORKS AUTHORITY Lo Chairman SAM'S REAL ESTATE BUSINESS TRUST, a Delaware Statutory Trust ICJ 10 Brian Hooper Vice President of Real Estate EXHIBIT A The Property Tulsa County, Oklahoma Tracts 1, 2 and 3, when combined, form the following described perimeter: A part of the Southwest Quarter of the Southwest Quarter of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, more particularly described as follows: COMMENCING at the southwest corner of said Southwest Quarter of the Southwest Quarter of Section 16; THENCE North 88 032'45" East, along the south line of said Southwest Quarter, a distance of 90.00 feet; THENCE North 01 °18 "47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 50.00 feet to the POINT OF BEGINNING; THENCE North 01'18"47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 384.79 feet; THENCE North 71'49'45" East a distance of 110.76 feet; THENCE North 88 °32'45" East, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 41.27 feet; THENCE North 01 °26'46" West, along the easterly right of way line of U.S. Highway 169 (Mingo Valley Expressway), a distance of 374.66 feet; THENCE continuing along said right of way line North 51 °34'46" East a distance of 224.87 feet to a point on a curve; THENCE continuing along said right of way line on a non tangent curve to the left having a radius of 1195.92 feet (a chord bearing of North 45 °46'18" East a length of 242.04 feet) an arc distance of 242.45 feet; THENCE North 39 °57'49" East, continuing along said easterly right of way line, a distance of 209.04 feet to a point on the southerly right of way line of East 99th Street North, said point being 25.00 feet southerly of, as measured perpendicular from, the north line of said Southwest Quarter of the Southwest Quarter; 11 THENCE North 88 °36'01" East, parallel with said north line, a distance of 593.17 feet to a point on the east line of said Southwest Quarter of the Southwest Quarter; THENCE South 01'18'40 East, along said east line, a distance of 1264.11 feet to a point on the north right of way line of East 96th Street North, said point being 33.00 feet northerly of, as measured perpendicular from, the south line of said Southwest Quarter of the Southwest Quarter; THENCE South 88 °32'45" West, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 857.36 feet; THENCE North 01018"47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 17.00 feet THENCE South 88 °32'45" West, parallel with the South line of said Southwest Quarter of the Southwest Quarter, a distance of 376.66 feet to the POINT OF BEGINNING. Said described tract of land contains an area of 1,306,712 square feet or 29.9980 acres, more or less. 12 EXHIBIT B Scope of Work 1 l li SLYJ/Y9AOY�I{% Ili I I � f to iMet iE. Nx 912AMV .Svd afe7 ;v ° c 0 O D , x� o a - f } a o o' �r 1 c:I cm 0 Go 40 0D a 0 D 9= t 6 a O D ' yw�*c - - � � � � '• o F (Odl SSS'L'S9Flu 9//M3AYJ5'Y9VK� ?! A' o x gg C i CONSTRUCTION AGREEMENT SITE MAP SMC Consulting Engineers, P.C. SAM'S CLUB #6258 z 2sII $15 waal Man - OMalh— ay, OK 73106 OWASSO, OK EXHIBIT B Pfk 105 -232 -7715 Fat 105- 232 -7651 13 EXHIBIT C Public Improvements Cost Due Diligence Survey Services: $12,500 Geotechnical Services: $19,000 Env. / Wetlands Survey: $5,000 2. Roadway Improvements to East 96th Street North, North 129th East Avenue, & 169 Frontage Road Estimated Construction Costs: $2,750,000 (includes permits & bonds) Estimated Engineering Fees: $212,000 Estimated materials testing: $91,000 3. Public Waterline Extend a 16 -inch main approximately 1.2 miles from Garnett Road to the Site (the "WL Extension ") and associated road bores (4). Estimated Construction Costs: $1,150,000 (includes permits & bonds) Estimated Engineering Fees: $71,300 Estimated materials testing: $26,000 4. Public Sanitary Sewer Extend a sanitary sewer along the south and east -sides of the CVS Pharmacy site to the Project Site. Estimated Construction Costs: $186,000 (includes permits & bonds) Estimated Engineering Fees: $14,000 Estimated Materials Testing: $3,000 Coordination and administration of additional infrastructure Improvements Estimated Engineering Fees: $26,500 Summary Estimated Construction Costs of Infrastructure Improvements: $4,086,000 Estimated Due Diligence and Engineering Total: 360,300 Estimated Materials Testing 120,000 Total Estimated Cost Contribution by Sam's Total Estimate Reimbursement 14 $4,566,300 -500,000 $4,066,300 A — � _ c — " — ` — , — ° — ° _ — ' — " — ^ — " — ° _ " _ , — " Lm Mrx tj nk W MIA 2 4 Front Elevation ImIF f-r-#,, 1 1"' -- P off 'O 7777r- Right Side Elevation 3 APRIL 2012 #6238 OWASSO, OK ELEVATIONS PAGE 1 FOR AHJ REVIEW - CLIENT APPROVED k- 0City W i mits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr Assistant City Manager, Operations SUBJECT: Capital Improvements Priority Determination DATE: April 6, 2012 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the priority determination of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. Through a series of meetings over the past several months, the Capital Improvements Committee has assessed the status of current projects funded by the Capital Improvements Fund, discussed completed projects, and identified and evaluated additional projects for future consideration. On February 6, 2012 and again on February 27, 2012, the Capital Improvements Committee met to review the Owasso Capital Improvements Program process and timeline necessary in order to provide a recommendation to the City Council for inclusion into the FY 2013 budget and discuss proposed projects. On March 19, 2012, the Capital Improvements Committee held a Special Meeting in accordance with Resolution No. 2003 -14 and provisions of the Oklahoma Open Meeting Act to consider a recommendation to the Owasso City Council amending the current list of projects funded through the Capital Improvements Fund. At the conclusion of their meeting on March 19, 2012, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the priority determination to include the following projects: • Vehicle Maintenance Facility • Main Police Station • East 96th Street North and North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from East 96th Street North to East 106th Street North • Elm Creek Park Improvements PUBLIC HEARING: In accordance with the procedure for amending the priority determination of capital improvement projects, the City Council must conduct a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. Information regarding the public hearing and the recommendation of the Capital Improvements Committee was placed on the city's website and posted on the City's Facebook page Monday, March 27th. The required publication notice was published on Thursday, March 29th in the Owasso Reporter. The public hearing was held on Tuesday, April 3, 2012. One citizen addressed the City Council. PROPOSED ACTION: Staff intends to recommend City Council approval of Resolution No. 2012 -04, amending the current list of projects funded through the Capital Improvements Fund as recommended by the Capital Improvements Committee. ATTACHMENT: A. Proposed Resolution B. Project Descriptions CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2012 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND. WHEREAS, on the 141h day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council, after properly notifying the public in accordance with Resolution No. 2003 -14, held a Public Hearing on Tuesday, April 3, 2012 as required in order to receive and consider citizen input relevant to the recommendation received from the Capital Improvements Committee; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as priority projects eligible for funding from the Capital Improvement Fund: Street Improvement /Repair Program East 86th Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road intersection improvements East and West Service Roads between E. 66th Street North and E. 126th Street North E. 76th Street North Widening Project from Hwy 169 to N. 129th East Avenue Sportspark Capital Projects Planning Design (Quality of Life Planning) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Improvement Priority Listing of projects eligible to receive funding from the Capital Improvement Fund is hereby amended to be: East 861h Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road Intersection Improvements East and West Service Roads between E. 661h Street North and E. 1261h Street North E. 76th Street North Widening Project from Hwy 169 to N. 129th East Avenue Sportspark Vehicle Maintenance Facility Main Police Station East 96th Street North & North 129th East Avenue Infrastructure Improvements Annual Street Rehabilitation Program Garnett Road Widening Project from E. 96th Street North to E. 106th Street North Elm Creek Park Improvements DATED this 17th day of April, 2012 Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney PROJECT DESCRIPTIONS The Capital Improvements Committee is recommending the following projects as projects eligible to receive funding from the CIP Fund: Vehicle Maintenance Facility This project may include the acquisition of property, as well as the engineering design and construction of a new vehicle maintenance facility. This new facility would accommodate the increased volume of repair work associated with the 20 year growth of the city and provide adequate work space for city trucks and heavy equipment that will not currently fit into the existing maintenance facility. The current facility was built in 1990. Main Police Station This project may encompass the acquisition of land or the renovation of an existing facility, along with engineering and design for a full service police department to include jail, impound yard, evidence processing plant, evidence lab, as well as the capacity to office approximately 100 sworn officers and 40 civilians to accommodate Owasso's growth over the next 30 years. East 96th Street North & North 129th East Avenue Infrastructure Improvements This project is contingent upon an economic development project and would consist of infrastructure improvements related to such a project. The project may include engineering, right -of -way acquisition, utility relocations, and construction of roadway improvements to East 96th Street North from North 129th East Avenue to North 135th East Avenue and from the intersection north to the existing bridge; and improvements to the service road from North 129th East Avenue to East 99th Street North. Additional infrastructure improvements could include the extension of water distribution lines and sanitary sewer lines. Annual Street Rehabilitation Program This project consists of the repair and /or resurfacing of residential and non - residential roadways. Street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. Garnett Road Widening This project consists of the engineering, right -of -way acquisition, utility relocations, and construction for roadway widening and improvements to Garnett Road from East 96th Street North to East 106th Street North. Elm Creek Park Improvements This project encompasses planning, design, and renovation, which could include such items as pond bank erosion control and stabilization to reduce siltation and improve water quality, picnic shelter repair and replacement, construction of a splash park to include a variety of above- ground features and in- ground spray nozzles for several age groups, playground equipment repair and replacement, walking trails, and lighting improvements. This project would likely be designed and constructed in optional phases. OCi ty Wiut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Silver Creek Dry Detention Facility Homeowners Association Request for Assistance DATE: April 6, 2012 BACKGROUND: In January 2011, the Silver Creek Homeowners Association requested assistance with the maintenance of their dry detention facility. Over a period of time, sedimentation has been dispersed into the northern section of the facility. As a result, frequent ponding of water is causing difficulty with vegetation control and human health concerns relating to stagnant water (see Attachment B). In March 2011, following a series of meetings with Silver Creek HOA representatives to discuss their concerns, potential solutions, and cost estimates, the City staff agreed that the City would fund 50% of the requested improvements and the HOA would cover the remaining 50 %. The improvements have been estimated at $24,000 and include grading, placement of a concrete trickle channel, and re- establishing the area with sod. The Silver Creek HOA agreed to pay back the City in monthly installments totaling $12,000. Funding for this project was included in the FY 2011-2012 budget proposal and subsequently approved by City Council in June 2011. Shortly after the approval of the FY 2012 budget, the City Council began discussions relating to the development and adoption of a "Private Stormwater System Improvement Policy ". In September 2011, City Council adopted such policy. PRIVATE STORMWATER SYSTEM IMPROVEMENT POLICY: The City employed Meshek and Associates to evaluate the Silver Creek detention pond to see if this project met the requirements for public funding as defined in the new Private Stormwater System Improvement Policy. The results indicate that an excessive amount of sedimentation in the northern area of the pond is prohibiting the pond from performing at its full capacity. The downstream flow rates reflect an increase from the pond outfall. The 100 -year flows downstream of the pond show an increase of approximately 20 cubic feet per second (approximately a 40% increase). However, it is important to note that the stormwater appurtenances located at East 86th Street North have more than enough capacity to effectively manage the increase in flow. As you may recall, an element within the Private Stormwaer System Policy requires that Owasso Public Works Engineering Division must determine if the capacity has been reduced, resulting in a risk of flooding to the adjacent, upstream, or downstream properties. As mentioned above, the capacity has been reduced; however, the drainage structure downstream of the facility can accommodate the additional flows. Additionally, the model does not reflect an adverse impact to downstream properties as a result of the increase in flow (20 cfs). REQUEST FOR ASSISTANCE: The results of this analysis were provided to the Silver Creek HOA. Although the HOA members are aware this project does not qualify for public funds under the recently adopted Private Stormwater Policy, they are requesting the City to adhere to the agreement made prior to the adoption of the policy. FUNDING: The FY 2011-2012 Stormwater Fund Budget includes funding allocated for this particular project. ATTACHMENT: A. Location Map B. Images SILVER CREEK DETENTION POND Legend ® SUBJECT PROPERTY 4/2/12 North 0 THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATION nY CITY OF OWASSO OF ITS ACCURACY. CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 Oe T City Wit out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Ranch Creek Interceptor Improvements DATE: April 6, 2012 BACKGROUND: The Ranch Creek Sanitary Sewer Interceptor was constructed in 1984. The interceptor is operating at near capacity and provides service to approximately 2,400 acres of existing development located on the west side of HWY 169. In all, 7,500 gross acres are within the Ranch Creek sanitary sewer basin. The 2005 Wastewater Master Plan, prepared by Greely and Hansen, LLC, identified the need for improving this sewer interceptor in order to accommodate additional residential and commercial development by providing adequate conveyance capacity for current and future wastewater flows to the Santa Fe Pump Station. SCOPE OF WORK: In April 2011, City of Owasso engineering and operations staff began discussions with Kellogg Engineering concerning the needed improvements in order to address the sanitary sewer overflows and accommodate new residential and commercial development. The improvements will begin upstream of the Santa Fe Pump Station (located on East 76th Street North) and extend to East 96 Street North. The project work includes upgrading the existing 18" sanitary sewer line to a new 36" diameter sewer line. The estimated project cost is $4,000,000 excluding legal and administration fees. FUNDING: Funding for the construction of this project would be obtained from the Oklahoma Water Resources Board (OWRB) via a loan from the Clean Water State Revolving Fund. ATTACHMENT: A. Location Map B. Existing Ranch Creek Sanitary Service Area Map C. Ranch Creek Sanitary Sewer Basin Map �'�� '■ �IIIII�� .,_�IIiJI���111i11!"�I'�. -_��__ .. � r�Vj ;I1:111111111:1111RINIANNANANNAM = - -�■ ■■■■Ill n'lllll�' 11111::I1�I1111 'INS - �'1 ■�►��..0 IIIIIIIIII� _�.�1� 111 ■= AN, .11 --- r11111111� ■zC _r -_ --_- -. ■I ml ■1 IN �- -- 11 Ir��' �- -II- ' �. ■ ■■■■{ �... ♦ I� IS ]SENSE It Inn►. bus■■ ■ss7 II • � � ������: Us I IIII _ 111111= 11.1 -w■ N : LNH 0 ■■ `��� ��-- ....... .. r� 1111 /4 1" • .. FST ■7 ■1♦ 1 . ■■ ■■M ■sm■ 11�1.a.�. ■ ■. -.. � BEEF, IIII "1111 ;, /n.:.,. ■ -... ■ ■>• ■I�, I� .11. - ::_ .�- ��I�■s► II �— ullu.� :'�- ■slim ■--- �nG�.J� ■L■ .. V •l + °. .: - '��� ►/ I I .: :111111 ►..•1...�1 0 _ .. :AA 0 III �iiiilrl I 11 �� �� •-� ,�'- -1■• I' I■ III ■■ _ L�_ iy.� ���� ■ - 1.1 ���1■ 111► ' ���I � i .I._: �, unnn� \� /nl �. :� ■ I IIIII� IIII: ail V �'...�� LE _'��!- 1 -_- _� ■ ■�i�i■■ _ ■■ J �.. Cnulu r "-w ! ■'�1 ■_ �It a Mid \� __111111111_. ■, LC }J1�1J•.J _ . _ n.n�- IIII ON FIJI NNZI AN, �� 1 1111 ■ ■ ■ ■ I A = ■� �►��- ,�,'nuiniin it -a ■ ■ ■■ I'r.7 I11■lulu■1 7 �I��:11��• ■111 ■IIII.IIt�I " � �1'6th ST N .. 11' ' ..,_._ �.� ■� �i :ltttttt�■ttttt■ t�■III�� I�I� � � ='Lm� � rl LNJ Nor, I dFA VARk OK AV, AT 41 all I MIS111 I- _J1111 OEM Valli' An ff 71 so Flk' WON 70n, _�41WUWA' 4 WXW � , =49 AA 4 -44 A 4 4 &7 ;'qF �'*: A W4 AWW24 A. 4' WN. I 'r gFA#A* I orn *VP W, V WAV . 1!1MwWrA!k+" WWI;, AV, OW rMl I A Na W� il jj.., W # 4 * A 04 W M P LW 4 V1► " 4°°�>.°s ° °� °°° °rte '. ,, .. r4 ..O' + +! `4, A15 ►WX, RM 191k 4 Al 7,1 MY, RIL MOP W, V 4 11 4 Al 7,1 MY, -1 L IVA V The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Proposed Zoning Code Text Amendment - Small Wind Energy and Commercial Wind Energy Systems DATE: April 6, 2012 BACKGROUND: Alternative energy sources are becoming an affordable option for many homeowners, commercial businesses, and educational institutions. The "Go Green" Initiative, which was presented to the City Council in March, 2010, is a document that identifies different opportunities the City should consider in an effort to conserve energy, protect the environment, and reduce its carbon footprint. This document recommended that development criteria be prepared to allow provisions for constructing small wind energy systems. Additionally, staff has received a few inquiries on the requirements for wind energy systems. With the price of fuel and energy showing no signs of abating, it is believed that these inquiries will continue, especially as the technology for wind energy continues to evolve and becomes more affordable. Considering the above, staff conducted research about wind energy systems and developed the attached requirements for the installation of small wind energy systems for both residential and commercial uses. The attached criteria, which will become a new section in Chapter 15 of the Owasso Zoning Code, were developed based on current technology. As the technology for wind energy improves, it will be important to revisit these criteria to ensure they remain current. The proposed change provides a comprehensive approach for the development of small wind energy systems and ensures that there is consistency in their construction and placement. PROPOSED TEXT AMENDMENT TO THE OWASSO ZONING CODE: The attached document is a draft of the proposed change to the Owasso Zoning Code. If approved, this document will amend Chapter 15, Telecommunication Towers, by adding a new section 1530. Additionally, the title of Chapter 15 will be changed to read Telecommunication Towers and Small Wind Energy and Commercial Wind Energy Systems. Some key elements of the proposed amendment include: • Minimum lot size standards • Setbacks from property lines and inhabited structures • Noise levels • Visual appearance • Permit requirements • Access control REASON FOR THE PROPOSED CHANGE: This zoning code amendment recognizes the need and proliferation of alternative energy sources and is designed to ensure that a process and procedure is in place for the safe construction of wind towers. PROPOSED ACTION: This item is being presented to the City Council for a second time for additional discussion. The Proposed Zoning Code Text Amendment, Small Wind Generation, will go before the Planning Commission at their May 7, 2012 meeting. ATTACHMENTS: Draft, Section 1530, Small Wind Energy and Commercial Wind Energy Systems 1 530 SMALL WIND ENERGY AND COMMERCIAL WIND ENERGY SYSTEMS 1530.1 PURPOSE The purpose of this chapter is to provide standards that will protect the health, safety and general welfare of the public and achieve the following: Provide design criteria that establish minimum requirements for small wind energy systems and commercial wind energy systems as defined herein to ensure the safe installation of wind towers in the City of Owasso U Support the principals identified in the Go -Green Initiative • Promote energy savings and the use of `green infrastructure' 1530.2 APPLICABILITY The requirements of this ordinance shall apply to all small wind energy systems and commercial wind energy systems proposed after the effective date of this ordinance. Wind energy systems for which a required permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance; provided, however, that any such system shalt be installed and functioning within 24 months of the date of the permit. Any system that has been installed but not used for two consecutive years may not be subsequently used without meeting the requirements of this ordinance. No preexisting system shalt be altered in any manner that would increase the degree of nonconformity with the requirements of this ordinance and no alterations shall be made to a nonconforming preexisting system during its life which exceeds 50% of its fair market value. If such system is destroyed or damaged to the extent of more than 50% of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this ordinance. 1530.3 SMALL WIND ENERGY SYSTEM REQUIREMENTS A. Permitted Locations. A small wind energy system is permitted in any zoning district. B. Minimum Lot Size. No wind energy system shalt be erected on any lot less than one acre in size. C. Total Height. For property sizes between one acre and two acres, the total height shall not exceed 60 feet. For property sizes between two and five acres, the total height shall not exceed 80 feet. For property sizes greater than five acres, the total height shall not exceed 100 feet. D. Location. No small wind energy system shall be located in any front or side yard. E. Setbacks. 1. Property lines. A small wind energy system shall be set back from the nearest property line, public road right -of -way and communication and electrical line not less than 1.5 times its total height. 2. Inhabited Structures. A small wind energy system shall be set back from the nearest inhabited structure not less than 1.5 times its total height. F. Design Standards. 1. Monopole or Freestanding Design. The design of the small wind energy system shall be of a monopole or freestanding design without guy wires. 2. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure or obstacle within 75 feet from the tower. 3. Access. No tower shall have a climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be lockable. 4. Noise. No small wind energy system shall exceed 60 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building. 5. Visual Appearance. Small wind energy systems shall be finished in a rust - resistant, non - obtrusive finish and color that is non - reflective. No small wind energy system shalt be lighted unless required by the FAA. No advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system. No transmission equipment shall be installed on the tower. All equipment shall be screened with either a six foot opaque fence or with evergreen vegetation not less than six foot in height. 6. Electrical Interconnections. All electrical interconnection or distribution tines shall be underground and comply with all applicable codes and public utility requirements. 7. Signal Interference. Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals. 8. ®verspeed Controls. Every small wind energy system shall be equipped with both manual and automatic overspeed controls. G. Permit Applications. Application for a small wind energy system shall include the following information. 1. Site plan. A site plan shall be drawn to scale showing the location of the proposed small wind energy system and the locations of all existing buildings, structures and property lines along with distances. 2. Elevations. Elevations shall be provided of the site drawn to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines. 3. Engineering Specifications. Standard drawings and an engineering analysis of the systems tower including weight capacity. 4. Foundations and Geotechnical. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site. 5. Tower Specifications. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer, model and serial number. 6. Safety Measures. Emergency and normal shutdown procedures shall be provided as part of the application for a wind energy system. 7. Electrical Connection. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes shall be provided and evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator unless the system will not be connected to the electricity grid. 1530.4 COMMERCIAL WIND ENERGY SYSTEM REQUIREMENTS A. Permissible Locations. A commercial wind energy system may be permitted as a conditional use (special exception) in the General Agricultural District. B. Minimum Parcel Size. No commercial wind energy system shall be erected on any parcel less than 10 acres in size. C. Total Height. The total height of a commercial wind energy system shall not exceed 150 feet. D. Setbacks. 1. Property Lines. A commercial wind energy system shall be set back from the nearest property line and public road right -of -way not less than 500 feet. 2. Other uses. No commercial wind energy system shall be located within 1320 feet of a platted subdivision, park, church, school or playground. E. Design Standards. A commercial wind energy system shall comply with the design standards set forth in subparagraphs 6(a) through (e) Section 4. F. Permit Applications. A commercial wind energy system shall comply with the permit application requirements set forth in subparagraphs (a) through (h), Section 5. 1530.5 NON USE 1. Any small wind energy system or commercial wind energy system which complies with the terms of this ordinance which is not used for two years, excluding repairs, shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance. 2. Any small wind energy system or commercial wind energy system which is non- conforming and which is not used for one year, excluding repairs, shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance. 1530.6 DEFINITION 1. Total Height. The distance measured from ground level to the blade extended at its highest point. 2. Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used primarily to reduce on -site consumption of utility power. 3. Windmill Rotor. That portion of the windmill which includes the blades, hub and shaft. 4. Windmill Tower. The supporting structure on which the rotor, turbine and accessory equipment are mounted. 5. Commercial Wind Energy System. A wind energy conversion system consisting of more than one wind turbine and tower, a wind energy conversion system which will be used primarily for off -site consumption of power.