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HomeMy WebLinkAbout2012.11.13_Worksession AgendaADDENDUM PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA TYPE OF MEETING: DATE: TIME: PLACE: Special November 13, 2012 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 PM on Friday, November 9, 2012, Sherry Bishop, City Clerk AGENDA Call to Order Mayor Doug Bonebrake 2. Presentation regarding the Open Meeting Law and Open Records Act Ms, Lombardi and Ms. Bishop 3. Discussion Relating to Operational Items Mr. Lehr Attachment # 3 A. Maple Glenn IV - Annexation and Rezoning B. Private Detention Pond Inspection Agreement C. 86th Street Project - Change Order D. ODOT Bridge Inspection - Proposed Resolution E. Elm Creek Park Improvements Project - RFQ Engineering Services 4. Discussion Relating to City Manager Items Mr. Ray Attachment #4 A. Planned Unit Development Chapter Amendments B. Tulsa's Future II Program C. Owasso Girls Softball Association Contract D. Process for Youth Baseball Contract E. Access Gates for Gated Communities F. CNG Grant Project G. Recording Meetings H. Owasso Lake - Citizen Request I. City Council Code of Ethics J. City Manager Report 2013 Council Meeting Calendar Sales Tax Report 5. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City Council and the City Attorney concerning pending litigation styled Darnabv- Pruner v. City of Owasso, such executive session provided for in O.S. 25, Section 307(B)(4) Ms. Julie Lombardi Attachment # 5 Owasso City Council November 73, 2072 Page 2 6. Report from City Councilors Adjournment RECEIVED PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA NOV 101 ?� TYPE OF MEETING: Special DATE: November 13, 2012 TIME: 6:00 p.m. PLACE: Old Central Building AGENDA FILE 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 PM on Friday, November 9, 2012. ' Sherry Bishop, Ci y Clerk 1. 2. 0 4 AGENDA Call to Order Mayor Doug Bonebrake Presentation regarding the Open Meeting Law and Open Records Act Ms. Lombardi and Ms. Bishop Discussion Relating to Operational Items Mr. Lehr Attachment #3 A. Maple Glenn IV - Annexation and Rezoning B. Private Detention Pond Inspection Agreement C. 86th Street Project - Change Order D. ODOT Bridge Inspection - Proposed Resolution E. Elm Creek Park Improvements Project - RFQ Engineering Services Discussion Relating to City Manager Items Mr. Ray Attachment #4 A. Planned Unit Development Chapter Amendments B. Tulsa's Future II Program C. Owasso Girls Softball Association Contract D. Process for Youth Baseball Contract E. Access Gates for Gated Communities F. CNG Grant Project G. Recording Meetings H. Owasso Lake - Citizen Request I. City Manager Report 2013 Council Meeting Calendar Sales Tax Report Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City Council and the City Attorney concerning pending litigation styled Darnaby- Pruner v. City of Owasso, such executive session provided for in O.S. 25, Section 307(B)(4) Ms. Julie Lombardi Attachment #5 Owasso City Council November 13, 2012 Page 2 6. Report from City Councilors Adjournment Oe T City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Annexation OA -12 -02 DATE: November 9, 2012 BACKGROUND: The City of Owasso received a request for the annexation of approximately 15 acres of land to be used as an extension of the Maple Glen subdivision. Maple Glen is a single - family subdivision that with this annexation will enter its fourth phase. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction RS -3 North (Small Lot Residential Residential City of Single - Family Owasso Residential South A ricGural Undeveloped Residential Tulsa County East AG Residential & Residential Tulsa County (Agricultural) Undeveloped RS -3 West (Small Lot Residential Residential City of Single - Family Owasso Residential ANALYSIS: This annexation request is for an extension of an existing subdivision. There is existing infrastructure adjacent to the subject property, which can be utilized to serve the development for the subject property. There are no other issues that would deter from annexing the property into the City Limits of Owasso. The project is served with water by Washington County Rural #3, and City of Owasso sanitary sewer, Police, Fire, and EMS services. The subject property is called out for residential use according to the 2025 Land Use Plan. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius of the subject property. DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two Rezoninq The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it is usually classified for AG Agricultural use, but can be annexed and rezoned together as long as the rezoning is in compliance with the land use master plan. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. FANKI I_tilL�].[�� ►] :1,51 1 The Owasso Annexation Committee met on October 31, 2012 and recommended approval of the annexation request. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 12, 2012. RECOMMENDATION: Staff intends to recommend City Council approval of annexation OAl2 -02, subject to Planning Commission recommendation. ATTACHMENTS: A. Area Map B. Aerial Map C. Property Boundary Map MAPLE GLEN IV CITY OF OWASSO PROPOSED ANNEXATION Legend 111 N. Main Street 0 P.O. Box 180 Owasso, OK 74055 North 918.376.1500 THIS NIAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANT-, ' OR REPRESENTATTON BY CTTY OF OWASSO OF TTS ACCURACY. 10/18/12 #OA 12 -02 1" 752 ft 11/07/2012 This map represents a Visual display of related geographic information- Data provided hereon is not a quaraniee of actual field conditions. To be sure of complete accuracy, please confact Owasso staff for the mmt up- c"at:e information- R 14 E Location Map SCALE: 1" =2000' Plat of Survey Boundary 0' Part of the E/2 NE /4 SW /4 Sec® 8, T -21 -N, R- 14 -E "f T TULSA COUNTY 21 OKLAHOMA " Scale: 1' =100' 0 50 100 200 300 F Legend IP IRON PIN R/W RIGHT OF WAY —R— FENCE LINE POINT OF COMM[NCEMENT NW CORNER SW /4 SEC. 8. T -21 -N R -14 -E O cc h � W N� `V O 2 SOUTH LINE OF NW /1 /' 1985.22' N 88'44'20" Legal Description SW CORNER OF E/2 NE /4 SW /4 FENCE CORNER IS 0.7' NORTH OF PROPERTY CORNER A TRACT OF LAND LOCATED IN THE EAST HALF (E /2) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION EIGHT (8) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SW /4 OF SEC. 8, T -21 -N, R -14-E, I.B.6M.; THENCE S 1'24'50" E ALONG THE WEST LINE OF SAID SW /4 A DISTANCE OF 1320.54 FEET TO THE SW CORNER OF THE NW /4 OF SAID SW /4; THENCE N 88'44'20" E A DISTANCE OF 1985.22 FEET TO THE SW CORNER OF THE E/2 OF THE NE /4 OF SAID SW /4 BEING THE POINT OF BEGINNING; THENCE N 1'19'22" W ALONG THE WEST LINE OF SAID E/2 NE /4 SW /4 A DISTANCE OF 990.03 FEET; THENCE N 88144'59" E A DISTANCE OF 662.27 FEET TO THE EAST LINE OF SAID E/2 NE /4 SW /4; THENCE S 177'33" E A DISTANCE OF 989.90 FEET TO THE SE CORNER OF SAID E/2 NE /4 SW /4; THENCE S 88'44'20" W A DISTANCE OF 661.74 FEET TO THE POINT OF BEGINNING, AND CONTAINING 15.05 ACRES, MORE OR LESS. Notes 1. THIS LEGAL DESCRIPTION WAS PREPARED BY KEVIN M. NEWLUN, OKLAHOMA UCENSED PROFESSIONAL SURVEYOR / 1289. 2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENCUMBRANCES OF RECORD. NO ATTEMPT TO RESEARCH THE COUNTY RECORDS OR OTHER RECORD OFFICES WAS PERFORMED BY THIS FIRM, THEREFORE EASEMENTS MAY AFFECT THE SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS PLAT. 3. ALL UNDERGROUND UTILITIES MAY NOT BE SHOWN. 4. THE BEARING BASE FOR THIS SURVEY IS BASED ON THE OKLAHOMA STATE PLANE COORDINATE SYSTEM, NORTH ZONE. V� Surveyors Statement A FENCE CORNER IS 0.9' SOUTH AND 0.6' EAST OF PROPERTY CORNER I, KEVIN M. NEWLUN, A REGISTERED LAND SURVEYOR IN THE STATE OF OKLAHOMA, HEREBY CERTIFY THAT THE ABOVE PLAT REPRESENTS A BOUNDARY SURVEY. THE ABOVE PUT REFLECTS ALL INSTRUMENTS THAT HAVE BEEN DISCLOSED AND FURNISHED AT THE TIME OF SURVEY. NO OPINION IS VERSED AS TO THE OWNERSHIP OF FENCES OR ANY OTHER APPURTENANCES ON SAID PROPERTY. THIS PLAT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. BENCHMARK SURVEYING k LAND SERVICES, INC. ION9Lt 44o,VESS KEVIN M. NEWLUN RLS M 1289 NL'WLU c 58P\FMfJFSt 2T. 2M2 N 1289 �� DATE OF CERTIFICATION 0 The City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: OZ -12 -04 DATE: November 9, 2012 BACKGROUND: The City of Owasso received a request for the annexation and rezoning of approximately 15 acres of land to be used as an extension of the Maple Glen subdivision. Maple Glen is a single - family subdivision that enters its fourth phase with this annexation. The subject property is approximately '/2 mile east of N Garnett Rd and '/2 mile north of E 106th St N. The applicant is requesting to rezone the subject property from AG (agriculture) to RS -3 (small -lot single - family residential). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction RS -3 North (Small Lot Residential Residential City of Single - Family Owasso Residential South A ricGural Undeveloped Residential Tulsa County East AG Residential & Residential Tulsa County A ricultural Undeveloped RS -3 West (Small Lot Residential Residential City of Single - Family Owasso Residential DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two Rezoning The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it is usually classified for AG Agricultural use, but can be annexed and rezoned together as long as the rezoning is in compliance with the land use master plan. Step 3, Plattinq A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The City of Owasso received a request for the rezoning of approximately 15 acres of land. The subject property is located to the east of the Maple Glen subdivision, approximately' /2 mile east of N Garnett Rd and '/2 mile north of E 106th St N. The property is currently undeveloped and has been used for agriculture in the past. With any annexation request, the applicant can also request rezoning of the property as long as the request is in compliance with to Owasso 2025 Land Use Master Plan. The future land use called for in the Land Use Master Plan is residential, which is in compliance with the applicants request for RS -3 zoning on the property. RS -3 zoning would allow for the continued development of the Maple Glen development. Any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as prescribed by Public Works including, but not limited to, paved streets and sidewalks. Upon the development of the property, the developer would be required to pay the Emergency Storm Siren Fee ($35.00) per acre). The project is served with water by Washington County Rural #3, and City of Owasso sanitary sewer, Police, Fire, and EMS services. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius of the subject property. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 12, 2012. RECOMMENDATION: Staff intends to recommend City Council approval of the rezoning subject to Planning Commission recommendation. ATTACHMENTS: A. Area Map B. Aerial Photo #OZ 12 - ©4 Y •. G. •.�.t'1 1" = 752 ft Rezoning 1110712012 This map represents a v1sual display of related geographic intormation- Data provided hereon is mot a gaua.ranfee of actual field conditions. To be sure of complete ac-curacy please contact Owasso staff for the Most up --to -date information. #oZ 12 -©4 1" 752 ft Rezoning 11107/2012 This map represents a visual display of related geographic intormation. Data provided hereon is not a guarantee of actual field condilions. To be sire of complete accuracy, please contact Owasso staff for the Most up -to-date iuTorination. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Private Stormwater Detention Pond Inspection Services Agreement DATE: November 9, 2012 BACKGROUND: Similar to other communities throughout the state, the City of Owasso continues to face difficult issues concerning the reliance of storm water facilities constructed by land developers and maintained by subsequent landowners or Home Owner Associations. Following a request by City Council for the development of a policy outlining a method and means of prioritizing and funding requests for private storm water facility improvements, staff presented their research and suggestions for policy language during the June, July, August, and September City Council work sessions. In addition, a Public Meeting was held on August 11, 2011 in order to gather citizen input related to a policy intended to assure that privately owned detention facilities function in accordance to the City of Owasso's stormwater management criteria. In December 2011, Council adopted the Private Stormwater Detention Pond Policy. In addition, Council recommended a project for the 2012 -13 Budget that would provide independent consulting services for private ponds in the Owasso area to determine their functionality as a stormwater detention facility and determine if any maintenance is necessary in order to protect the integrity of the city's stormwater system. Staff determined that the inspection of the private detention facilities should be performed by an engineering company and should include a survey of the pond, inspection of the outlet structure(s), and an analysis of the storage capacity for each pond. For the last several years, Meshek and Associates has provided consulting services to the City for annual stormwater review and currently manages the stormwater model for the City of Owasso. Because of their working knowledge of the city's stormwater system, staff has negotiated an agreement for services related to the inspection of private ponds contained within the Owasso stormwater system. FUNDING: Funding for this project is included FY 2012 -2013 Stormwater Management Fund. PROPOSED ACTION: Staff intends to recommend City Council approve an engineering agreement with Meshek and Associates for an hourly contract not to exceed $40,000 for the inspection and evaluation of the private ponds identified in the attached exhibits as part of the 2012 Private Stormwater Detention Pond Inspection Services. ATTACHMENTS: A. Location Maps B. 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BAILEY RANCH I a 0 '� kW IN 4 ; .1 * rP l a u u 1 f E. 96TH EAST WE L=, Ito- `E : 906TH -EAST AVE: _ } :r F'T - t _ y, fi 2 �} - 777JJJ���JJJ111 � V ir..�.t t ,. f • - �� ,t- t a w • •+ I� � Elk � �� r. `_�' � � c �. �:. , 71 -]PPj r � R1 V 1 #iru gn, 3 1 a. , , HONEY CREEK :. � � .;I 4 - - y va G At ff� VV ':J'.. � ^'! - " -'� { f'•� � ,�- { 111 i i f� +" kr - '�.�7 - -�•> - 5,�1JIi1J it>�u1 ' -.!i �. r. 4.r "�'...' - ,, o S� - _ *: r. •1 Al — `...E. 96TH EAST 0 J�tJ C9 4 7 f i 1 'jJ.J �rJay} h� ru ry.w �" � i�,3�� C �3;3�i M ., ,�L: ` ` E. 96TH EAST AVE. lip 1r _ OR VI 411 jil CO " C'1 (� bo Vif fir Io sp fni L ': '.c. , }.. 1.} �ipF,� 1 1j 1 •�r"UV YJtiYJ C t `WY.WN i,� Z v; t i r f U x r• f� t it t �. "�'� ► "�;i>f �, a �7 � � �� � � 1 � � s ¢ ` �•` s is 3 "� z r (, •�. 111 �J�� �v±7! •+ Xis T��Q _ E. 86TH EAST AVE, E 96TH EAST AVE _ jj � . - '� _ c t. a. 1' CENTRAL PARK w: � -fill : t �� rr'� 6 N' THREE. 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ELM CREEK t =S 16 �} r a -m _ "�t1 L_a, -� J,11'J J� � - + Se t�•';, t r; :i t i j.. ..ti.. . •�'•• may.. 1R #,f F. 4� t S -ic �• Z]_ Z; Ifl f _ E, 16TH EAST AVE, ' .':s: [ Prof J(ir ., � • it i , Oil LAKES CIFN BAILED RANCH ,. •fir ri' r , , �` �� : f : :5,' 8mb d 1 , , e� a 7ix1 EAST AVE. uk P ` { a� a 7ix1 EAST AVE. uk P ` { AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS THIS AGREEMENT, made and entered into this day of , 2012 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, PLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to inspect various private stormwater detention ponds to determine the ponds as -built condition, evaluate for erosion conditions, structural integrity, inspect the discharge/ control structures and determine service lift from siltation. Services, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the fiscal year 2012 -2013 Stormwater Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All PAGE 1 OF 13 engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall PAGE 2 OF 13 be made on the basis of qualifications and experience as a Professional Engineer. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. PAGE 3 OF 13 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, PLC 1437 S. Boulder Ave. Suite 1080 Tulsa, OK 74119 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due PAGE 4 OF 13 u to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. PAGE 5 OF 13 APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Meshek & Associates, PLC Janet K. Meshek, PE, CFM Date —/—/2012 CITY OF OWASSO, OKLAHOMA Mayor Date //2012 PAGE 6 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the following categories of assignments: 1. Provide field inspection of the private stormwater detention ponds identified on the attached maps and located within the Owasso Corporate Limits and; 2. Document structural deficiencies to the pond dikes and dams and recommend solutions to the repairs needed; I Determine if nuisance abatement is needed for burrowing rodents; 4. Evaluate the condition of the of the outlet/ discharge structure to determine usability; 5. Determine the silt blanket on the bottom of each pond. On wet ponds, determine the depth of silt across the full storage surface of the pond without draining the pond; 6. Determine which ponds need surveys for determining usability and capacity (for ponds with engineered outlet structures only; 7. Complete a inspection form for each pond (to be developed and approved by the City of Owasso) and recommend a priority list of repairs with associated cost estimates; 8. Present findings to the City Council at a work session. PAGE 7 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, PLC, under this AGREEMENT will consist of providing civil engineering services for the categories of assignments presented in Attachment A, as directed individually by the City by a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed for each assignment. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a Provide field inspection of the private stormwater detention ponds identified on the attached maps and located within the Owasso Corporate Limits and; B.1.b Document structural deficiencies to the pond dikes and dams and recommend solutions to the repairs needed; B.1.c Determine if nuisance abatement is needed for burrowing rodents; B.1.d Evaluate the condition of the of the outlet/ discharge structure to determine usability; B.1.e Determine the silt blanket on the bottom of each pond. On wet ponds, determine the depth of silt across the full storage surface of the pond without draining the pond; B.1.f Determine which ponds need surveys for determining usability and capacity (for ponds with engineered outlet structures only; B.2 Deliverables B.2.a Complete an inspection form for each pond. B.2.b Recommend a priority list of repairs B.2.c Develop associated cost estimates; B.2.d Present findings to the City Council at a work session. PAGE 8 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. PAGE 9 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 The work under this project shall be performed on an hourly basis, the total maximum billing including direct costs and subconsultant services shall be Forty Thousand Dollars and no cents ($40,000.00), which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at actual cost. Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. D.4 Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment. D.6.1 Payments shall be made based on actual hours worked using the rates in ATTACHMENT E and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. PAGE 10 OF 13 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 11 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Billing Rate Sheet Attachment E Allowance for Office Work: Project Principal $ 150 /hour Project Manager $ 140 /hour Senior Project Engineer $ 130 /hour Junior Project Engineer $ 115 /hour Engineer Intern $ 90 /hour Engineering Technician $ 75 /hour Engineering Designer $ 85 /hour CAD Technician $ 75 /hour Construction Manager $ 80 /hour Construction Inspector $ 60 /hour Planning and ROW Specialist $ 100 /hour Survey Crew Chief $ 90 /hour Survey Crew $ 45 /hour GIS Project Manager $ 115 /hour GIS Specialist III $ 110 /hour GIS Specialist II $ 90 /hour GIS Specialist 1 $ 85 /hour GIS Analyst $ 55 /hour Clerical $ 50 /hour Allowance for Travel: Total mileage traveled for field and office visits @ current government rate. Reproduction costs: In -house reproduction 8 -1/2 "x11" black /white $ 0.08 /each 8 -1 /2 "x11 " color $ 0.15 /each 11 "x17" black /white $ 0.20 /each 11 "x17" color $ 0.35 /each 22" x 34" black /white $ 3.00 /each 22" x 34" color $ 10.00 /each Black and White Plots $ 18.00 /each Color Plot $ 28.00 /each Outside reproduction Cost plus 15% Miscellaneous expenses and fees: Cost plus 15% PAGE 12 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK VARIOUS PRIVATE STORMWATER DETENTION POND INSPECTIONS Schedule Attachment F F. SCHEDULE. The schedule is provided as follows: F.I. Notice to Proceed: November 20, 2012 (or when Agreement is fully executed) F.2. Final Deliverables will be submitted by March 1, 2013 PAGE 13 OF 13 V Oe- T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: E. 86th Street North (Main to Memorial Road) Change Order No. 1 DATE: November 9, 2012 BACKGROUND: The widening of 86th Street North from Main to Memorial is underway. It is a joint project between Tulsa County, the City of Owasso, and the Oklahoma Department of Transportation (ODOT). The City of Owasso has funded the engineering, environmental clearance, right -of -way, and utility relocation portion of the project. Tulsa County voters approved a one million dollar ($1,000,000) expenditure, under the "4 -to -Fix the County" program, as matching funding for road construction and a new bridge over Ranch Creek. The remaining construction funds are from INCOG Urbanized Funds, which requires a 20% match from the local government, which in this case is the City of Owasso. Based on the agreement with ODOT, all change orders that relate to transportation will be prorated 80% federal funds to 20% local funds. However, the local entity is responsible for 100% of changes concerning utilities, right -of -way, or additional engineering. During construction of the 86th Street North project, several items have either overrun or under run quantities and a request to reconcile these quantities has been made. CHANGE ORDER #1: Items that need to be added to the project are as follows: 1) Barbed -Wire Fencing: 2,000 linear feet of 5- stranded barbed -wire 2) Chain -Link Fencing: 250 linear feet of 5' chain -link fence 3) Temporary Silt Fence: 8,566 linear feet 4) A cattle guard FUNDING: Total cost for the additional work is $45,746.37. 80% ($36,597.10) will be funded by ODOT and 20% ($9,149.27) locally. Tulsa County has agreed to pay the local match since the work was performed on the Tulsa County side of the project. However, since the City of Owasso is listed as project owner, the City Council is required to approve the change order. If Council approves this proposed action, Tulsa County will send payment to the State of Oklahoma Comptroller's office. PROPOSED ACTION: Staff intends to recommend approval of Change Order #1 for the additional materials needed to construct the project at the November 20, 2012 Council Meeting. ATTACHMENT: A. Proposed Change Order Prepared by BECCO Engineering Services & Testing, Inc. Tulsa Office: 6106 East 32 "" Pl., Ste. 101 Tulsa, OK 74135, (918) 660 -7141, Fax (998) 660 -7167 Comprehensive Engineering Services August 9, 2012 Dwayne Henderson, P.E. City of Owasso P.O. BOX 180 Owasso, OK 74055 RE: ODOT Project # STP- 172A (346)IG /STPG -172A; City of Owasso; Tulsa County Dear Mr. Henderson: Enclosed please find 1 copy of Change Order #1 regarding fence and the cattle guard. Please obtain signature of an Official for the City of Owasso, have notarized and return to our Tulsa office for further processing. Feel free to make a copy for your records. Please do not hesitate to contact our office if you have any questions or I can be of further assistance. Sincerely, S rah AVop r Construction Administration Norman • Moore e Ardmore e Stillwater • Tulsa • McAlester • Lawton • Edmond • Ada 8- *IV)V.eStinc.liet Oklahoma Department of Transportation rh:%nric nrrinr Contract 1D 110525 Primary Count TULSA Primary PCN 24037 04 Change Order Nbr 001 Pro g STP -172A 346 ]G /STPG -172A Contract Description GRADE, DRAIN, SURFACE AND BRIDGE CITY STREET (86TH STREET): FROM MEMORIAL DRIVE, EXTEND EAST TO MAIN STREET IN THE CITY OF OWASSO. PROJECT LENGTH = 1.634 MILES Change Order Type CHANGE ORDER Zero Dollar Change Order NO Status Pending General Change Order Description(s): This change order add pay items for Fence SWF (5 Barbed Wire), Fence CLF (5' Class A), Temporary Silt Fence and Cattle Guard. The original plans called for these items but quantities were not provided in the original contract. Please see Attachments for the shop drawings and cost breakdowns. In addition, after discussions with ODOT Division VII I Construction Engineer, the pay items for unclassified excavation (line item 0003) and unclassified borrow (line item 0004) are to be paid as plan quantity in lieu of field measurement. It is requested to add 16 calendar days to the project to install these items. Pr' Nbr Itm Nbr Cat Item Code Unit Unit Price Bid Qty Prev. A rvd Curr CO Qt New Revised Amount of Change] 1 g Qty p Y Qty 24037(04) 8010 0100 624(C) 4459 LF $4.56 0.00 0.00 2,000.00 2,000.00 Item Description: FENCE -STYLE SWF (5 BARBED WIRE) This Change: $9,120.00 Supplemental Description 1: Prev Revised: $0.00 Supplemental Description 2: New Revised: $9,120.00 Bid Contract: $0.00 Net Change: $9,120.00 PCT Change: 100.00% Explanations: Additional fence required to maintain right of way fencing consistant with what is on site. See Attachment A for cost break down. No additional time requested. 24037(04) 8011 0100 624(E) 4290 LF $21.00 0.00 0.00 250.00 250.00 Item Description: FENCE -STYLE CLF (5'HIGH, CLASS A) This Change: $5,250.00 Supplemental Description 1: Prev Revised: $0.00 Supplemental Description 2: New Revised: $5,250.00 Bid Contract: $0.00 Net Change: $5,250.00 PCT Change: 100.00% Explanations: Additional fence required to maintain right of way fencing consistent with what is on site. See Attachment A for cost break down. No additional time requested. 24037(04) 8012 0100 221(C) 2801 LF $3.05 0.00 0.00 8,566.00 8,566.00 Item Description: TEMPORARY SILT FENCE This Change: $26,126.30 Supplemental Description 1: Prev Revised: $0.00 Supplemental Description 2: New Revised: $26,126.30 Bid Contract: $0.00 Net Change: $26,126.30 PCT Change: 100.00% Explanations: Temporary silt fence shown for erosion control in the original plans but quantities were not included in contract. See Attachment B for cost breakdown. This item adds 15 calendar days to the contract. A rvd Prj Nbr Itm Nbr Catg Item Code Unit Unit Price Bid Qty Prev. Q�p Curr CO Qty �� New Revised Amount of Change 24037(04) 8013 0100 1040600 EA $5,250.07 0.00 0.00 1.00 1.00 Item Description: CONSTRUCTION MISCELLANEOUS This Change: $5,250.07 Supplemental Description 1: Cattle Guard Prev Revised: $0.00 Supplemental Description 2: New Revised: $5,250.07 Bid Contract: $0.00 Net Change: $5,250.07 PCT Change: 100.00% Explanations: Structure to be installed at Station 518 +15 included quantities for reinforcing steel and Class A Concrete for cattle guard construction. Cattle Guard to be paid 1 each. See Attachment C for cost breakdown and shop drawings. This item adds 1 calendar day to the contract. TOTAL VALUE FOR CHANGE ORDER 001 : $45,746.37 Contract Time Adjustments Adjusted No. of Days: 16.00 Explanation: 15 days required to install temporary silt fence, 1 day required to complete and install cattle guard. Milestone Time Adiustments No milestone time adjustments are associated with this change order. As the duly authorized representative of BECCO CONT CTORS, INC., contractor for the above referenced project, I affirm that I have reviewed the above and foregoing prices, quantities and days for the changed or additional work, and I a that the uantities and prices as are herein listed and the extension of time to perform the change or additional work as shown above will adequately compensate the contractor for the anged or ad itional work. 1 understand that the quantities as listed above are estimated and may be subject to revision upon audit of the project. I further understand that the change orderls plemen I agreement fully compensates the contractor for the changed or additional work and is in lieu of cost accounting fort work actually performed or submission of a claim as provi ed by s and specifications for highway construction and special provisions to the contract. Signature ame(Printed) Company Title Subscribed and sworn before me this- day of year cf a Notary Public State of Oklahoma x�'l azI � b S A <..CARTER My commission expires M ASIOU G0SGN #0o 71 66ton-111- y�iao Notary Public Commission Number Oklahoma Department of Transportation Section The prices for the additional items have been compared with other contract prices and are a fair amount for the work involved. P.E. Seal Respectfully requested by: Department Personnel Approval Date Residency Administration(R) Chiles, Frank F. Field Division Administration(R) White, Randle W. Construction Administration(R) Raymond, George T. Central Office Administration(R) Shell, Charles Casey Signature Local Government Section I acknowledge the work indicated on this Change Order. I understand the final costs of this work will be reflected in the final cost apportionment. City /County Official Date Acknowledged t The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Annual ODOT Bridge Inspection Program - Engineering Selection DATE: November 9, 2012 BACKGROUND: Similar to other communities and counties throughout the state, the City of Owasso participates in the Oklahoma Department of Transportation Bridge Inspection Program. Under this program, ODOT considers any drainage structure wider than 20' a bridge. In Owasso, there are 20 such structures. In the past, we have been required to select one of three options: (1) Secure a consultant for the inspection services from a pre - qualified list and participate with ODOT in funding the program; (2) Perform our own inspections with a National Bridge Inspection Standard (NBIS) engineer; or (3) use the same consultant as the county (we have bridges in both Tulsa and Rogers counties). Historically, the City of Owasso has chosen Option 1, which ODOT funds 80% and the City funds a local 20% match. In the past, the City of Owasso matching funds have ranged between $1,000 - $2,000. This year ODOT has incorporated a new requirement into the program. This new requirement is for the municipalities to pass a resolution declaring which inspection option they have chosen. As in the past, the proposed option is number one. Selection of an engineering firm requires staff to interview a minimum of three (3) firms. We have opted to interview four (4) firms for the project. The selected firms are: Guy Engineering Service, Inc., Tulsa, OK EST, Inc., Tulsa, OK SAIC, Tulsa, OK Holloway, Updike and Bellen (HUB), Muskogee, OK ODOT has provided engineering selection grading criteria, which has been included as an attachment. FUNDING: Funding for the City of Owasso portion of this project is included FY 2012 -2013 General Fund. PROPOSED ACTION: Staff intends to bring this item to the November 13, 2012 Council Work Session for review and discussion. Unless Council expresses a concern, the proposed resolution would be placed on the November 20, 2012 Council meeting for approval. ATTACHMENTS: A. Location Map of the 20 Owasso bridges B. ODOT correspondence 16' E 'GSTSTI J S., /* loi S'. E IL 00 51 H Icc s 90 PL N V, PL -44 S7 019 ow v ST 21Fb S-, .!v t, PXP O o PL 21 Sl 1ST 91 44 f, r PL 9191ST T 1 "51, ST f4l L m S7 ST ISR! ST �j am T �LI'v �m ST Cho ` 89H FL 87 CT PL N o PL S7T 0 -94. I ow 85TH 85TH ;-S 84TH ST 14 0 7TH 10 1 v, FL am ST DE 51" 51.H ST 51ST EIg BRE K 'T 2011 BRIDGE - a- Wy� 79TH -222 �ST 7 ST PL= it 7M F-L M INSPECTION mmy 76TH ST 7m, 51, 0 IST LOC. MAP North 7 77H. PL 69 OW CITY OF OWASSO 7 P- I PL 111 N. Main Street P.O. Box 180 S,- - Owasso, OK 74055 140 21r, ST- 918.376.1500 71ST 8/23/2012 �i�cN1 UST 200 N.E. 21" Street Oklahoma City, OK 73105 -3204 October 4, 2012 Dear City Official: Re: Letter of Choice for City Bridge Inspection Contracts The Olahoma Department of Transportation (ODOT) has prequalified consulting firms to perform. Local Government bridge safety inspections based on qualifications mandated by the National Bridge Inspection Standards (NBIS). It is anticipated the new routine Local Government bridge inspection contracts will start in April 2013 and extend to April 2016. This will be a three year contract. A list of the prequalified inspection films is provided. Funding will be 100% federal funds (20% Federal funds designated to State Government and 80% Federal funds designated to Local Governments). All Federal funding will be arranged by our Local Government Division. To comply with the National Bridge Inspection Standards and avoid federal -aid sanctions, all the Local Governments are required to do one of the following by December 31, 2012: (1) Select one of the consulting firms on the attached "Qualified Consultant List". You will be required to evaluate the Consultant's Letter of Interest (LOI) and the Consultant's response packet to determine which firms to interview. Please refer to the following web site: littp:// NvNa nv. okladot .state.ok.us /projmgtiit/off system_ bridge_ inspection_ consultants 2012/ You must interview a minimum of three (3) firms and make your selection from the attached list of qualified inspection consultants. Phone interviews are acceptable, but we must have documentation from the interviews including who was on the committee, interview questions, and the ranking matrix that you had for the three (3) or more Consulting firms with their final composite scores. The interview committee must have three or more persons on it. Each member of the interview committee will need to sign a nondisclosure form (Please refer to the enclosures for a copy of this form). (2) You may elect to do bridge safety inspections with your own forces provided the bridge inspection teams and program manager are fully qualified as mandated by the NBIS (National Bridge inspection Standards - please refer to attached NBIS requirements). Payment will be based on actual rates and payroll additive for benefits, etc., and vehicle mileage rates. (3) Make an agreement with the County and have the County inspection firm include your bridges with their bridges. There is no obligation for the county to maintain city roads or bridges, but the county and city may make their own agreements if they desire to use the same bridge inspection consultant. However, if you do this, we must have a letter attached to your resolution signed by all three (3) County Commissioners stating that they are willing to cover the additional cost for and Federal local match resulting from including the city bridge inspections with the County. Even if you reimburse the county for the additional cost of the local matching funds, we must have the signed letter from the County Commissioners stating their willingness to include the city bridges with their awn. You are respectfully requested to make your choice before December 31, 2012, by Resolution stating your choice of 1, 2, or 3 above. In order to obtain the required contract signatures, our April time line is very tight. It is critical that we receive your resolution in a timely manner. Please note that, onceyou selectyour bridge inspection team, no changes can be made until the next contractual period. Please send one copy ofyour resolution to the appropriate field division office and one copy to thefollowing address: Mr. Bob Rusch, P.E., Bridge Engineer Oklahoma Department of Transportation Bridge Division 200 NE 21" Street, Room 2 -B3 Oklahoma City, OK 73105 -3204 Fax: (405) 522 -0134 Email: rtennant @odvt. ors Div 1: (918) 687 -5407 Div 2: (580) 298 -3371 Div 3: (580) 332 -1526 Div 4: (580) 336 -7340 Div 5: (580) 323-1431 Div 6: (S80) 735 -2561 Div 7: (580) 255 -7586 Div 8: (918) 838 -9933 Once we receive your choice as noted above, the Department will contract with the consultant to do the bridge inspections. Please feel free to contact the 01dahoma Department of Transportation Field Division Office hi your area or Shannon Sheffert in Local Government Division at (405) 521 -2553 or Walt Peters or Wes Kellogg in the Bridge Division at (405) 521 -2606 with any questions you may have. When contacting the Field Divisions, ask for the County Bridge Coordinator. Yours sincerely, 4'Rgee/916- ;E. Bridge Engineer RJRIwp Enclosures cc: Director Field Division Engineers Chief Engineer Project Management Division Director of Operations / Asst Chief Engr Local Government Division Director Preconstruction / Asst Chief Engr FHWA County Bridge Coordinators ACCO Prequalified Inspection Consultants QUALIFIED CONSULTANT LIST EC NO. 1426 Off - System Bridge Inspection April 2013 to April 2016 Consultant Contact Phone email Boatman Engineering LLC Brad Boatman 918.668.3414 bradb @boatman- eng.com Cobb Engineering Company Aaron Finley 405.230 -2111 afinley@cobbengr.com EST, Inc. Paul Poynter 405.307.8378 paul.poynter@estinc.net Fox and Drechsler, Inc. Gary Brickley 580.482 -6583 gary @fdaltus.com Guy Engineering Services Julie Guy 918.437.0282 juke @guyengr.com Holloway, Updike and Bellen, Inc. Jay Updike 918.682.7811 jupdike @hubengineers.com Infrastructure Engineers, Inc. Gregg A. Hostetler 405.753 -4170 Ghostetler @go- iel,com Koneru Consulting Services PLLC Sri Koneru 405.603.7608 skoneru @coxinet.net Mehiburger Brawley Todd Brawley 405.848.5578 TBrawley @MB- Eng.Com Oliar and Otiar Engineering Lynn Shoemake 405.364.0281 lynn @ollarandollar.com SAIC EEI, LLC Jimmy Sparks 405.242.6257 jimmy.sparks @sale.com TranSystems Jay Hyland 816.329.8735 jphyland @transystems.com URS Corporation Dallas Montgomery 317.435.8718 dallas.montgomery@urs.com Additional information pertaining to the consultants can be found at the following address; http:// www .okladot.state.ok.us /proimanit /off system bridge inspection consultants 20121 EC -1426, OFF - SYSTEM BRIDGE INSPECTIONS SERVICES INTERVIEW PROCESS FORM CITY /COUNTY OF Date: Interviewer Name: Firm Name: I Firm Name: Firm Name: Q1 Q2 Q3 Q4 Q5 !. Q7 •: Total Points 1 -1 Interview Committee Members: (print names) (1) (2) (3) EC -1426, OFF - SYSTEM BRIDGE INSPECTION SERVICES Interview Questions 1. What experience does your firm have inspecting different types of bridges in your area, 2. What ability and resources does your firm have to perform this type of work? 3. What documents will your firm provide upon completion of the inspections? 4. What quality assurance does your firm have to provide consistent accurate results? 5. How accessible is your firm to get in touch with? 6. What is your firms current workload? 7. How will your firm react to critical findings? 8. Why should we pick your Consultant Firm above the others? Interviewers Name: National Bridge Inspection Standards (NBIS) Requirements: Program Manager: Reference is made to 23 CFR Part 650 National Bridge Inspection Standards (NBIS): NBIS require that the program manager be a registered professional engineer, registered in Oklahoma. The program manager is responsible for oversight of the Local Government bridge safety inspection program. He or she must be qualified and approved by the ODOT Bridge Division to review inspection forms, calculate load ratings for posting and closing bridges, do scour studies and assessments, and make repair recommendations to the bridge owner. If the Local Government does not employ a qualified Professional Engineer, you may hire a consulting engineer under similar terms covered in choice (2) above for the Program Manager. Program Managers must participate in the Department's QC /QA training. Inspection Team: The NBIS, FHWA, and / or ODOT require the following: The bridge inspection team consists of a Team Leader and an assistant, with the Team Leader having successfully completed a two - week FHWA approved comprehensive bridge inspection class plus one of the following: (1) Be a registered Professional Engineer registered in the State of Oklahoma. (2) Have a full five -year bridge safety inspection experience. (3) Have a NICET level III or IV in bridge safety inspection. (4) Have a bachelor's degree in engineering froze accredited college or university, pass the National Council of Examiners for .Engineering and Surveying Fundamentals of Engineering examination, and have a minimum of two years of bridge inspection experience. (5) Have an associate's degree in engineering or engineering technology from an accredited college or university and four years of bridge inspection experience. The Team Leader must participate in the Department's QC /QA training. The assistant team leader must have completed two -week FHWA approved comprehensive bridge inspection class and /or attend QC / QA bridge inspection training provided by the Department. EXAMPLE RESOLUTION EC -1426 CONCERNING BRIDGE INSPECTION RESPONSIBILITY BY LOCAL GOVERNMENT FOR COMPLIANCE WITH NATIONAL BRIDGE INSPECTION STANDARDS Bridge Inspection Contracts for April 2013 to April 2016 WHEREAS, the City of inspections. WHEREAS, the City of has the responsibility of bridge maintenance and safety has the following options: (1) Select one of ODOT's prequalified engineering firms. (2) Elect to do bridge safety inspections with your own forces using inspection teams and an oversight engineer fully qualified as mandated by the NBIS (National Bridge Inspection Standards). (3) Use the same consultant as County. A letter is attached stating that the County has agreed to cover the extra cost for the Federal local match of the city bridges. Therefore, BE IT RESOLVED, by the City of it is their desire to select option # and choose Name Address as the engineer responsible for city bridge inspections as approved by the Oklahoma Department of Transportation. ADOPTED this ATTEST: City Clerk day of , 2012 BY BY BY _iu :► :► MEMBER IMMIN 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Number of Citv BridLyes Provided for Your Information: Cl i Y_NAME County Number Bridges Field Div POPULATION Agreement on file with Planning Div Ada Pontotoc 9 3 16,810 None Altus Jackson 7 5 19,813 None Ardmore Carter 18 7 24,283 None Atoka Atoka 8 2 3,107 None Bartlesville Washington 25 8 35,750 None Bixby Tulsa 7 8 20,884 None Broken Arrow Tulsa 58 8 98,850 None Chandler Lincoln 8 3 3,100 None Chickasha Grady 27 7 16,036 None Choctaw Oklahoma 23 4 11,146 None Claremore Rogers 7 8 18,581 None Del City Oklahoma 22 4 21,332 None Drumright Creek 5 8 2,907 None Duncan Stephens 33 7 23,431 Nbne Durant Bryan 10 2 15,856 None Edmond Oklahoma 58 4 81,405 None El Reno Canadian 29 4 16,749 None Elk City Beckham 14 5 11,693 None Enid Garfield 78 4 49,379 None Fairview Major 10 6 2,579 None Grove Delaware 5 8 6,623 None Guthrie Logan 14 4 10,191 None Harrah Oklahoma 7 4 5,095 None Henryetta Okmui ee 11 1 5,927 None Jenks Tulsa 12 8 16,924 None Lawton Comanche 82 7 98,867 None Lone Grove Carter 7 7 5,054 None McAlester Pittsburg 35 2 18,383 None Miami Ottawa 7 8 13,570 None Midwest City Oklahoma 23 4 54,371 None Moore Cleveland 26 3 55,081 None Muskogee Muskogee 19 1 39,223 None Newcastle McClain 8 3 7,685 None Norman'' _ Cleveland 71 3 110;925 Nome Oklahoma City Oklahoma 580 4 579,999 None Okmulgee Okmul ee 9 1 12,321 None Owasso Tulsa 19 8 28,916 None Piedmont Canadian 12 4 5,720 None Ponca City Kay 12 4 25,387 None Poteau LeFlore 11 2 8,520 None Sand Springs Tulsa 7 8 18,906 None Sapulpa Creek 10 8 20,544 None Shawnee Pottawatomie 41 3 29,857 None Stillwater Lo an 27 4 45,888 None Tahlequah Cherokee 25 1 15,753 None The Village Oklahoma 6 4 8,929 None Tulsa Tulsa 280 8 391,906 None Tuttle Grady 6 7 6,019 None Yukon Canadian 1 17 4 22,709 None p4�MeNr ocr'A 4 .b y, Y OKLAHOMA DEPAR'T'MENT Off' TRANSPORTAT ION 200 N.E. 21" Street 01dahoma City, OK 73105 -3204 Nondisclosure Statement for Evaluation Team Instructions This form is to be completed by all Evaluation Team Members when deemed necessary. All statements should be maintained in the ODOT contract file. EC Number 1426 — off- System Bridge Inspection Services I hereby certify that I will not disclose or release any confidential information prior to award of the contract. Confidential information includes, but is not limited to, the contents of all proposals submitted in response to the referenced Engineering Contract and any analysis or evaluation thereof. I agree to disclose to the Director of Transportation or designee all contacts I have had with the below listed consultants. I agree to disqualify myself from participation in the evaluation team should the Director of Transportation or designee find any of said contacts that may be perceived as compromising my independent judgment in the evaluation process. I further agree and understand that failure to abide by the terms of this statement may subject me to other adverse actions. List of Consultants for Evaluation 1. Boatman Enaineerina LLC 3. EST, Inc. 5. Guy Engineering Services 7. Infrastructure Engineers, Inc. 9. Mehlburger Brawley 11. SAIC EEI, LLC 13. URS Corporation 2. Cobb Enaineerina Comoan 4. Fox and Drechsler, Inc. & Holloway, Updike and Bellen, Inc. 8. Koneru Consulting Services LLC 10. 011ar and 011ar Engineering 12. TranSystems 14. Describe all current personal, business and /or government relationships between yourself or your family members and any of the consultants listed above. Include in your comments, the name of the consultant and a brief description of the nature of the relationship. Evaluator Signature Printed Name Date — - — Printed Title The mission of the Oklahoma Department of Tra,ssportation is to provide a safe economical, and effect ?re transportation network for the people, coumeree and communities of Oklahoma AN EQUAL OPPORTUNITY ENIPLOVER The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Recreation and Culture Director SUBJECT: RFQ for Engineering of Elm Creek Park Improvements DATE: November 9, 2012 BACKGROUND: Elm Creek Park has been identified to have significant issues with erosion and stabilization of the pond bank; outdated playground equipment, bridges, and shelters; as well as trails and walkways that are in need of major repair or replacement. The FY 2012 -2013 budget allows for the expenditure of Capital Improvements Funds for engineering of improvements at Elm Creek Park. REQUEST FOR QUALIFICATIONS: A Request for Qualifications (RFQ) was advertised to area firms with park design experience. The proposed improvements are anticipated to be accomplished as a multi -year project with several phases. Major renovations will be considered as will bank stabilization, trail enhancement, landscaping, and structural replacements. The Scope of Work will include: • Performing topographical and property surveying; • Preparing a conceptual plan and design report; • Conducting research and providing a report of environmental studies; • Performing property ownership determinations; • Preparing 30 %, 60 %, 90% and final design plans; • Providing utility relocation coordination; • Providing bidding services Emphasis will be placed on the design being completed on time and within budget. Meetings will be held to ensure concepts and designs are as required by the City of Owasso. The design agreement will require the use of a scheduling program to monitor and track the progress. Schedule versus actual progress will be reviewed on no less than a monthly basis. Further, the design agreement will include the requirement for an in -house Quality Assurance and Quality Control review and certification statement by the firm. QUALIFICATIONS BASED SELECTION PROCESS: On September 28, 2012, Staff received Qualifications from four (4) engineering firms. These firms are as follows: • Bird Surveying & Design, PLLC, Owasso, OK • Crafton Tull, Tulsa, OK • Impact Engineering and Planning, PLC, Owasso, OK • PDG, Inc., Tulsa, OK Staff has reviewed the qualifications of all respondents and selected Impact Engineering and Planning, PLC, Owasso, Oklahoma. Currently, we are in negotiations with this firm. FUNDING: Funding for this project is included FY 2012 -2013 Budget. PROPOSED ACTION: This item if for discussion purposes only. ATTACHMENT: Elm Creek Park Improvements Project RFQ The City Wit out Limits. ...removing obstacles standing in the way of people celebrating their lives. fX a \` • F4n� . September 14, 2012 Notice to Interested Engineering Firms Re: Request For Qualifications (RFQ) Professional Engineering Services Elm Creek Park Improvements The City of Owasso is inviting qualified firms to submit a Request For Qualifications (RFQ) to provide Professional Engineering Services related to the design of the Elm Creek Park improvements at 12501 E. 77th Street North in Owasso, Oklahoma. The proposed improvements are anticipated to be a multi -year project with several phases. Major renovations will be considered as will bank stabilization, trail enhancement, landscaping and structure replacements. A possible basic conception rendering is included. The Design Services must include, but are not limited to the following: • Topographical and Property Surveying; • Conceptual Plan and Design Report; • Environmental Studies; • Property Ownership Determination; • 30 %, 60 %, 90% and Final Design plans; • Utility Relocation Coordination (AEP); • Bidding Services (phase 1); • Provide pictures and design layouts of other park projects that the firm has worked on in the last five (5) years. Emphasis will be placed on the design being completed on time and within budget. At a minimum, initial and monthly design workshops and review meetings will be held to ensure concepts and designs are as required by the City of Owasso. The design agreement will require the use of a scheduling program to monitor and track the progress. Schedule versus actual progress will be reviewed on no less than a monthly basis. Further, the design agreement will include the requirement for an in -house Quality Assurance and Quality Control review and certification statement by the firm. 111 N. Main Street (918) 272 -0876 P.O. Box 180 City of Owasso FAX (918) 272 -0665 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com V nTrity Wit out Limits. ...removing The RFQ submittal will be evaluated on the following: obstacles — Design Team Experience related to Park Design (30 points) — Verifiable References for Park Projects in Oklahoma (20 points) G�'E uG2tCC'Fe�A — Firm Experience in Design of Similar Park Projects (20 points) in the�v — Availability of Design Team to Complete Work (20 points) (Provide Proposed Schedule of Completion in Work Days to complete the tasks about. Indicate tasks that will of people run concurrently) — Familiarity with City of Owasso Park Master Plan and (10 points) celebrating City of Owasso Design Standards, Construction Methods and Procedures their lives. The response shall be limited to twenty (20) single -sided pages, not including resumes. Five (5) copies of the RFQ and will be received by City of Owasso, 111 N. Main Street, P.O. Box 180, Owasso, Oklahoma 74055, until 4:00p.m. (local time) September 28, 2012. The three (3) most responsive firms shall be selected to submit proposals for the project. Once the proposals are reviewed and ranked, we will begin fee negotiations with the highest scoring firm and will continue until an agreement can be negotiated. We anticipate the process will be completed by October 19, 2012. Interviews may be required for the final selection. The City of Owasso reserves the sole right to evaluate the submittal, waive any irregularities therein, select candidates for submittal of proposals or reject any and all firms that submitted should it be deemed for its best interest. The City wishes to thank you in advance for your interest and submittal of RFQ. Please direct comments, questions, and any request for information to Larry Langford, Director of Recreation and Culture, City of Owasso at (918) 272 -0786 or via email at langford@cityofowasso.com. Sincerely, Larry Langford - Director of Recreation and Culture City of Owasso 111 N. Main Street (918) 272 -0876 P.O. Box 180 City of Owasso FAX (918) 272 -0665 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com The City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Karl Fritschen, Community Development Director SUBJECT: Proposed Zoning Code Amendment - Planned Unit Development Chapter DATE: November 9, 2012 BACKGROUND: At the City Council Work Session on October 9, 2012, staff presented a revised draft of the new Planned Unit Development (PUD) Chapter of the Owasso Zoning Code for review and discussion. This draft was also presented to the Owasso Economic Development Authority (OEDA) on October 11, 2012 and discussed with the Planning Commission on October 8, 2012. The proposed new chapter has also been available on the city website and Facebook page to allow for public comment and discussion. Based on continued discussions and input received with the above referenced bodies, staff made some additional changes to the document and has prepared a third draft for the City Council's review. The main topic of concern continues to be centered on the neighborhood meeting and whether it should be voluntary or mandatory. Another topic of discussion has been what role the Planning Commission should play in the process. Since the October 9, 2012 City Council work session, staff has contacted several Cities in the region and discovered that most strongly encourage a neighborhood meeting, but only one, Bartlesville, requires one. Most communities seem to place more emphasis on promoting dialog between the applicant and the Planning Commission at their regular meetings. Considering this information, along with the input received, staff has revised the document and modified the language pertaining to the neighborhood meeting. It is proposed that this meeting remain voluntary in nature, but new language strongly emphasizes its importance. Additionally, language has been added regarding the applicant making a presentation at the Planning Commission. Staff believes that these changes, along with the other improved elements of the chapter, will yield quality PUD projects. The revised draft is included with this memo for review, with the changes noted as crossed out or underlined text. As with the other text amendments, the PUD Chapter amendments follow a transparent process which seeks input from all interested stakeholders. Below is an updated schedule for proceeding with the text amendment for Chapter 8 of the Zoning Code, Planned Unit Developments and Overlay Districts. ✓ August 9, 2012 - Presented the proposed amendments to the Owasso Economic Development Authority (OEDA) ✓ August 14, 2012 - Presented the proposed amendments to the City Council at work session ✓ August 15, 2012 - Placed the proposed amendments on the city website and city Facebook page ✓ August 15 through 31 - Met individually with the Planning Commission members ✓ September 10, 2012 - Discussed the item at the Planning Commission meeting ✓ September 11, 2012 - Second presentation to the City Council at work session • September 13, 2012 - Second presentation and discussion with the OEDA • October 8, 2012 - Planning Commission - continued discussion • October 9, 2012 - Third presentation to the City Council at work session • October 11, 2012 -Third presentation to the OEDA • November 8, 2012 - Fourth presentation to the OEDA • November 12, 2012 - Planning Commission - continued discussion • November 13, 2012 - Fourth presentation to the City Council at work session • December 10, 2012 - Planning Commission action • December 18, 2012 - Public hearing at the City Council meeting • January 1, 2013 - City Council action for approval of an ordinance REASON FOR THE PROPOSED CHANGE: These changes are being considered to establish a level and predictable playing field for all applicants choosing to use the PUD method for development, while at the same time ensuring sustainable quality development. Furthermore, the amendments would help ensure a higher quality standard and consistency throughout the entire community, which maintains and increases property values. These changes are also consistent with the vision set forth by the approved Quality of Life Initiative document. ACTION: This item is for discussion purposes only at this time. ATTACHMENTS: A. Draft, PUD Chapter CHAPTER 8 PLANNED UNIT DEVELOPMENTS 8.1 INTRODUCTION AND PURPOSE A Planned Unit Development (PUD) is a special zoning overlay that provides alternatives to conventional land development. Upon approval, it becomes a supplement to the existing zoning of the subject property. A PUD is also a means of encouraging creative development of land and promotes project design that is often unseen in conventional development. A PUD shall not be seen as a tool to circumvent the zoning and subdivisions regulations of the City of Owasso, but rather as a tool for intelligent, well - planned, and quality developments that fit within Owasso's existing neighborhoods and context of the surrounding area. A PUD provides flexibility to allow for the development on properties with unique physical characteristics by promoting innovative design and providing guidelines which ensure that development is beneficial to the City of Owasso's future growth. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. 8.2 GOALS Because PUD's allow greater flexibly than otherwise would be allowed with the base zoning, there are specific goals that need to be accomplished with each application. All PUD's shall be evaluated on their ability to accomplish the following: 1. Maintain and Enhance the Quality of Life in Owasso 2. Provide Opportunities for Urban Infill 3. Maintain and Promote a Sense of Community 4. Encourage Development That Otherwise Could Not Occur on the Site 5. Preserve and Provide Meaningful Open Space 6. Promote Connectivity and Compatibility with Surrounding Development 7. Inspire Unique and Thoughtful Development 8. Support the Development of Strong Neighborhoods 9. Provide Amenities Beyond Conventional Development 10. Preserve the Physical Characteristics of the Land 8.3 APPLICABILITY A PUD may be submitted for any parcel of land located within any general zoning district or combination of general zoning districts within the Owasso City Limits. In all cases, the PUD will be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this chapter. 2. Approval of a Conceptual Development Plan is required prior to development of a PUD district. Comprehensive Development Plans are subject to recommendation by the Planning Commission and approval by the City Council. 3. This PUD chapter shall complement the other sections of the Owasso Zoning Code. In instances where the requirements are conflicting, the Community Development Administrator shall determine the correct action. 4. A Conceptual Development Plan shall be submitted concurrently with a request for rezoning. 8.4 MINIMUM STANDARDS A. DENSITY By their very nature, PUD's are designed to develop parcels of land with unique or unusual, natural or man -made conditions. In order to promote development that makes use of and preserves such unique features, it may be necessary to cluster density within developments. If clustering of density is proposed, additional amenities shall be provided; the design shall promote and maintain useable open space; and a layout shall be provided that complements the existing conditions of the site. All PUD's shall calculate density based upon the gross area of the tract, which may include flood plains, rights of way, or easements to provide an overall gross density for the project that shall be expressed in units per acre. The gross density calculations shall be provided within the PUD Design and Intent Statement. Single - Family Residential Densities - A residential PUD shall not exceed a gross density above five (5) dwelling units per acre for single- family residential developments. Should a development propose a density higher than five (5) units per acre, written justification shall be provided explaining the rationale of the decision and additional amenities shall be provided to mitigate the increased densities. 2. Multi - Family Residential Densities - Multi - family densities shall be consistent with Chapter 4 of the Owasso Zoning Code and shall not exceed a maximum of twenty - five (25) units per acre gross density. Any proposed development that contains over 25 units /acre shall provide an explanation of why the higher density would be appropriate and how the additional density would be mitigated. All multi - family residential developments shall be accomplished through a PUD. B. LAND USE PERCENTAGES In any residential PUD, at least 20% of the gross area of the tract should be devoted to open space, common areas or amenities. Rights -of -way and utility easements on individual lots shall not apply to open space calculations. If at least 20% open space cannot be achieved, the project may be required &hall to provide additional amenities i^en_to those required in section 8.4 L. in order to mitigate the reduction in open space. Because all PUD projects are unique, the 2 administrator shall determine if additional amenities are required in relation to the amount of open space provided. C. PRESERVATION OF TREES AND OTHER NATURAL FEATURES PUD's shall be designed to preserve and enhance the existing physical characteristics of the land and the natural vegetation that exists on the land. Projects that require clear cutting or denuding of large tracts of land for development are discouraged. Trees in excess of eight (8) inches in caliper shall be preserved and worked into the overall design of the project, unless the applicant can provide substantial justification to remove said trees. Tree preservation credits shall be applied to all landscaping plans and additional Landscaping shall be required for projects that remove excessive healthy vegetation. D. SCREENING AND BUFFERING Screening is an important part of any PUD proposal, especially when incompatible uses are proposed within the PUD, or exist in adjoining developments. Screening may be employed in the form of: 1. Fencing - m_teFia s Wood fencing shall have metal posts placed on the inside. 2. Walls - Stone, brick, split -faced block, or similar decorative materials shall be used. 3. Berms - Berms may be used in combination with vegetation or fencing to achieve the desired result. 4. Vegetation - Vegetation provides a screening mechanism that can be efficient and aesthetically pleasing. In many cases, leaving the natural vegetation as a means of screening achieves the desired results. 5. New vegetation may be planted that also achieves the intent of this section. Materials and sizes of vegetation shall be provided with the required Conceptual Development Plan and conform to Chapter 20 of the Zoning Code. Buffer yards shall be provided at all boundaries of the PUD where higher intensity or higher density uses adjoin existing tracts that are of a lower intensity or density. An example of this may be 5000 SF lots adjoining an existing single family development containing 20,000 SF lots. Buffers shall vary in size depending on the use or the density of the development, but in shall be a minimum of 20 feet in width. Vegetation and screening is required in buffer yards. All residential PUD's shall contain decorative perimete r_fencing along adjacent arterial roadways s Fr -eu.,, ing the deyetepmeRt and shall also contain language covering the long -term maintenance of the fencing. If wood fencin_q is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. E. TRANSITION OF USES Great care shall be given as to the location of the more intense uses or densities within the PUD. Transition shall be achieved when possible by placing less intense uses along the perimeter of the PUD area with more intense uses near the center of the PUD. For example, if a PUD is proposed in an area that abuts mostly acreage lots, the PUD should place larger lots meeting RE or RS -1 standards along the perimeter and move towards smaller lots within the core of the PUD area or along arterial streets. If transition cannot be achieved, a large and well - vegetated buffer should be provided. F. CONCEPTUAL LANDSCAPE PLAN Each PUD shall require a landscape concept plan at the time of submittal. The landscape plan shall depict general locations for landscaping, but shall not be required to go into great detail on the conceptual plan. Trees, however, shall be shown on the conceptual landscape plan. More detailed landscape plans may be required in the later stages of the development process in conformance with the City's adopted landscape requirements, or if the Administrator or Planning Commission deems it necessary. during at the GGRGeptw i i ndsGape phase G. ADHERENCE TO CITY LANDSCAPE REQUIREMENTS All adopted landscape requirements shall be met by any PUD. .A PUD shall provide landscaping that exceeds the City's minimum requirements in order to meet the goals, purpose, and criteria outlined in the PUD ordinance. H. SITE DEVELOPMENT 1. Low - Impact Design (LID) Criteria All PUD proposals are encouraged to incorporate LID techniques. Utilizing LID techniques can greatly reduce infrastructure costs and can be incorporated into common areas and open space. Some LID design possibilities are: Bio- retention areas (rain gardens), Green roofs, Permeable paving or driveways, Cisterns, Vegetated swales, and Impervious surface reduction. All PUD's are encouraged to define how LID principles shall be applied. 2. Grading and Site Disturbance PUD sites shall not be denuded of all vegetation. Great care should be given to developing drainage and grading plans that incorporate natural areas and preserve the topography and vegetation of the PUD area. All creeks or perennial streams shall have a minimum of a 20 foot undisturbed buffer measured from the top of the stream or creek bank and shall be included into the design of the PUD whenever possible. 3. Adherence to City, State, and Federal Requirements All grading and drainage plans shall meet all City, State and Federal requirements. I. PARKING AND CIRCULATION The developer shall provide plans that depict the safe and efficient movement of vehicles throughout the PUD. For any PUD that proposes more than two - hundred (200) residential units, a traffic study shall be provided to the City of Owasso for review. All Federal, State, and City regulations shall be met by the PUD proposal. All parking areas, driveways or other means of vehicular access shall be designed in accordance with Chapter 9 of the Owasso Zoning Code. F J. OPEN SPACE At least 25% of the provided open space shall be developed and maintained for active or passive recreational activities. The remainder should be kept as marshland, wildlife areas, woodlands, creeks, etc. At least 10% of the above reference area shall be out of the floodplain (100 Year) and floodway. K. COMMON AREAS Common areas shall be provided throughout the development for the use and enjoyment of the residents of the surrounding area. Common areas promote social interaction and help to create a sense of community. L. AMENITIES REQUIRED Any residential PUD development shall provide at least one (1) amenity from each of the categories from the Table 8 -1. 1) For any residential development that proposes a gross density of more than four (4) units per acre, one an additional amenity from any category shall be required for each 0.5 units per acre over 4. 2) A developer may propose any amenity not provided on the list and an explanation of what category it should fall under. The Community Development Administrator, the Planning Commission, or the City Council shall determine if an amenity is acceptable. 3) Amenities may be combined into one or more park /recreation areas. (i.e. pool with a club house or a park area with a basketball court, playground, and walking trails). 4) Park and recreation areas shall be placed in a centralized location within the development so it is convenient and accessible. 5) Any standing water feature or pond shall be re- circulated through a fountain, waterfall, or other aeration device. This requirement applies to any storm retention pond that is maintains a pool elevation of water. 6) All amenities will have long -term maintenance requirements that should be considered by future Homeowners Associations. Appropriate lanpuae should be included that clearly states that maintenance shall be covered by the developer until the turnover date as described in Section 3.14 of the Subdivision Regulations. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership operation construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings lighting, security measures, and similar common elements in a Planned Unit Development. 7) Amenities approved as a part of any PUD should be installed prior to the completion of the entire project. At least one (1) amenity shall be installed by the time 25% of the lots are developed and all amenities should be installed or 5 completed prior to 75% of the lots being developed. No building permit shall be issued if a development does not meet these amenity requirements. TABLE 8 -1, REQUIRED AMENITIES CATEGORY AMENITY FEATURE SPORTS FIELDS, TENNIS COURTS, BASKETBALL COURTS, ACTIVE RECREATION VOLLEYBALL COURT, DISC GOLF COURSE, SKATE FACILITIES, BIKE PATHS, HIKING TRAILS, GOLF FACILITIES STOCKED FISHING POND, NATURE PRESERVE AREAS OF AT LEAST 2 ACRES, HORSE SHOE PIT, WILDLIFE VIEWING AREA (IF PASSIVE RECREATION ADJACENT TO PRESERVED HABITAT), CAMP GROUNDS, EQUESTRIAN FACILITIES, MEDITATION AREA, WALKING PATHS OR TRAILS, PEDESTRIAN BOULEVARDS GREENS AND COURTS DOG PARKS, PICNIC AREAS, PAVILLIONS, OUTDOOR PUBLIC GATHERING AREAS AMPHITHEATRE, CLUBHOUSE, GAZEBO, BBQAREA, DOCK AREAS, COMMUNITY GARDEN, PARK AREA FAMILY RECREATIONAL AREAS TOT LOT, SPLASH PAD, SWIMMING POOL, PLAYGROUND M. CONSISTENCY WITH LAND USE PLAN Any proposed PUD shall be developed in accordance with the adopted Owasso Land Use Master Plan. The PUD shall meet the Goals, Objectives and Action Strategies stated within the plan. N. COMPATIBILITY WITH SURROUNDING DEVELOPMENT Each PUD shall be designed in a manner that is compatible with the surrounding development in the area. If the proposed development is not in character with the surrounding area, the PUD shall show how the development can be screened or employs techniques that will mitigate the incompatibility. 8.5 PROCEDURE A. PRE - APPLICATION MEETING A pre- application meeting is required prior to submitting a formal application for the proposed PUD project. This step offers the developer a chance to meet with City staff to discuss ideas related to the development of a PUD on a piece of property. City staff from different departments shall be available to discuss the project, answer questions and provide information to the developer. 2 B. SUBMITTAL OF DEVELOPMENT APPLICATION 1. After submittal of a completed PUD application packet with all required information, the Administrator shall provide a professional review of the project and shall assist the developer in understanding the PUD process. 2. The Administrator shall require sufficient detail in the Conceptual Development Plan to provide an opportunity for the reviewing bodies to make informed decisions and evaluate compliance with the applicable approval criteria. 3. The Administrator shall provide recommendations regarding changes or additions to the PUD that would make the project more consistent with the goals, purpose and standards of the PUD outlined in this chapter. Upon completion of a successful application, the PUD shall be placed on the next available Planning Commission Agenda. C. TECHNICAL ADVISORY COMMITTEE (TAC) 1. Prior to the Planning Commission, the City of Owasso's Technical Advisory Committee (TAC) shall review the PUD proposal and all supporting documentation. 2. The TAC shall provide comments to the developer regarding utilities, engineering, planning, and project design. 3. All TAC comments shall be addressed by the developer prior to the PUD being reviewed by the Planning Commission or City Council. D. ^12TH;= NEIGHBORHOOD MEETING While not required, a neighborhood meeting between the applicant and adioininp, property owners is strongly encouraged to introduce the proiect and listen to any concerns of the citizens. If such a meeting is held, City Staff will be present to answer procedural and City- related questions, but will otherwise observe and report on the discussions held at the meeting. Neighborhood meetings should &gakl be held at least 14 calendar days prior to the project being heard by the Planning Commission. It is also suggested that developers provide the Homeowners Associations of surrounding neighborhoods with a copy of the proposed development plans. E. PLANNING COMMISSION The function of the Planning Commission is to listen to public concerns, afford the applicant an opportunity to make a formal presentation regarding the project, review the project for conformity with the requirements of this ordinance, and to offer suggestions regarding the project design as it relates to impacts to adjoining properties. It shall be the duty of the Planning Commission to review each PUD 7 prior to consideration of the City Council. At the Planning, Commission meeting, the applicant shall submit a conceptual development plan and such other narrative or other graphic information the applicant deems pertinent to the Citv's initial review and evaluation of the potential of the Planned Unit Development proposed. At the Planning Commission meeting, the applicant and interested citizens will have the opportunity to discuss the merits of the Planned Unit Development proposal. The Planninp, Commission will assess the proposal in Bight of ordinance guidelines and will take action after weihin� the recommendations of the Staff, the applicant's presentation, and the community's response. The Planning Commission shall review each application using the following process. 1. Planning Commission Action a) The Planning Commission shall review each PUD application for conformity to this ordinance. The Planning Commission action shall follow the process identified in section 1330.3 of the Zoning Code. b) The Planning Commission shall study the proposed PUD application, taking into account the recommendations of the staff, the review criteria and other applicable standards in this Ordinance. if the Planning Commission determines that the ordinance is not being met in certain areas, then they may make suggestions to the applicant and transmit the suggestions to the City Council as part of their report. The Planning Commission shall hear from the general public, and engage the developer in discussion of the project. c) The Planning Commission shall discuss any potential issues that they feel the project has and offer suggestions that may help the project meet the goals, purpose, and criteria identified in this chapter and this information shall be transmitted to the City Council. d) The Planning Commission shall have 90 days to act on a PUD application from the time of the submittal to the Community Development Department. If after 90 days the Planning Commission cannot render a decision, the applicant may proceed to the City Council for consideration. Delays by the applicant in providing materials or documents to City staff shall not be counted towards the 90 days. The 69 day period shaR commenEe whep the - 121 -ID is first heard by the PtaMiRg CAMMiccinn At rem Marl„ sGhed Todd mootinn F. CITY COUNCIL The City Council shall make the final decision on any PUD application. A final PUD plan shall be approved along with an Ordinance. The approved ordinance and PUD development plan shall dictate any future development on the subject property, unless the PUD is amended or expires. The City Council shall use the information provided by City staff, the recommendation from the Planning Commission, input from the public and the applicant to make a decision as approve or deny and proposed PUD. 1. The City Council may add conditions to the project that they feel are necessary to meet the intent of the PUD Ordinance. 2. Should the City Council require more information; the item can be tabled to a future meeting. If any major changes are made to the plans or new information is brought forward after review by the Planning Commission, the City Council may ask that the project return to the Planning Commission for review. 3. All conditions imposed by the Council shall become binding and shall be met before the project may proceed. 4. All planned development districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning districts map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the Community Development Department. E PUD PROCESS FLOW CHART Pre Application meeting with planning staff. Submittal of Application Packet and Applicable Fees Application reviewed and public hearing scheduled. Staff Notification prepared for Review newspaper and mailing list. Sign posted on the subject property. TAC Meeting Planning Commission City Council Final Action and Ordinance prepared 10 8.6 TIMELINE AND EXPIRATION A. VALIDATION A PUD shall be validated once any portion of the property has been platted and recorded or a building permit is approved. B. ZONING ORDINANCE Because a PUD is a zoning action approved through City Council by Ordinance, the City shall file the ordinance approving the designation of a PUD on a tract of land, with the County Clerk's Office upon platting and recording any portion of the PUD. C. EXPIRATION For any PUD in which there has been no building permit issued nor any, portion of the property platted after five (5) years since approval by the City Council, the PUD shall be considered null and void and shall be brought back before the Planning Commission and City Council for consideration prior to any development on the property. Upon approval of the PUD by the City Council, the Administrator shall transmit in writing the date by which the PUD will expire. PUD's are approved with underlying zoning. The underlining zoning of the site shall not expire, only the PUD overlay shall expire. D. CONFORMANCE WITH CURRENT REGULATIONS Expired PUD's shall be required to meet the most recently adopted regulations, ordinances, and development standards. E. EXTENSIONS An extension may be granted by the Administrator for PUD's that are nearing the 5 year expiration date. PUD's may be extended one (1) time for a maximum of two (2) additional years, provided a letter is submitted to the Administrator asking for the extension no less than two (2) months prior to the five (5) year expiration date. Said letter must indicate the following: 1. Reason for the extension 2. That there are no changes to the original PUD approved by the City Council. 3. Expected date by which a portion of the PUD will be platted It shall be the developing party or an individual who has legal authority to sign documents on their behalf responsibly to ask for and sign the letter of extension. If no extension has been sought and granted, said PUD shall be considered expired. If no portion of the property has been platted nor any building permit received by the Community Development Department, within the two (2) year extension period, said PUD shall expire and a new PUD application must be submitted. 11 8.7 AMENDMENTS There may be instances when a change or amendment to the original PUD is necessary or desired. In these situations, the magnitude of these amendments is considered. There are two types of amendments that can occur with a valid PUD, a major amendment and a minor amendment. If amendments have been made, then a determination shall be required as to whether or not said amendments constitute a major or minor plan change. A. MAJOR AMENDMENT A major amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. A major amendment shall proceed through the entire PUD process as outlined in this chapter. The Administrator shall determine if the changes to the PUD meet the criteria for a major amendment, is an appropriate change, and will maintain the spirit of what was approved in the original PUD. Modifications from the previously approved PUD plan shall be deemed by the administrator to be a major amendment if said modifications cause one of the following to occur: 1. Increase the total number of dwelling units by more than ten percent (10 %); 2. Reduce the amount of common open space by ten percent (10 %) from what was originally approved; 3. Substantially change the location of any multi - family or non - residential areas as shown on the approved PUD Example: An approved 100 acre PUD shows 20 acres for office, 10 acres for commercial, and 70 acres for residential single family. If the amendment proposes to move the commercial area to another location within the PUD, then it would be deemed to be a major amendment. 4. Eliminate a proposed use that was approved with the original PUD that substantially changes the character of the project; 5. Change the location of the access points into the PUD or connections to adjoining residential development. Modifications in the location or design of minor streets, cul -de -sacs, alleys, or facilities for water and for disposal of stormwater and wastewater internal to the development shall not be considered as a major amendment; 6. Complete elimination of a recreational feature that was identified in the approved PUD, without replacing it with an in -kind feature. B. APPEAL An appeal from the Administrators decision that the changes to the PUD construe a major amendment shall be made in writing by filing a notice of appeal to the Planning Commission within ten (10) days of the Administrators decision. Said appeal shall be heard a regular meeting of the Planning Commission, at which time 12 the applicant may defend his proposal. Appeals shall not require public notification. C. MINOR AMENDMENT Small changes that still meet the intent of the ordinance, do not increase the density in excess of 10 %, are consistent with surrounding development, and do not pose a threat to the health, safety, or welfare of the City of Owasso can be administratively approved as a Minor Amendment. Minor amendments may also include relocation of landscape areas, parking areas, drive aisles, or other similar changes that are minor in scope. 1. Minor amendments shall be approved administratively. Depending upon the nature of the amendment, the Administrator may be require the PUD to go before the Technical Advisory Committee JAC). 8.8 CONCEPTUAL DEVELOPMENT PLAN A. CONCEPTUAL SITE PLAN The required conceptual plan shall be a rendered plan that clearly articulates the overall concept of the PUD. Figure 8.1 illustrates an acceptable conceptual site plan rendering. The site plan shall include the entire PUD area, and may include site plans of smaller areas to provide more specificity if the development is large. 1. The site plan shall include, at a minimum, the following: e) Name of the proposed development f) Name and address of the property owner and developer g) Name of the preparer of the document h) Graphic scale drawn at a scale no smaller than 1:100, a north arrow, date of preparation, and a legend. Vicinity map outlining the location of the development in relation to major streets within 1000 feet, schools, and other landmarks. The County where the development lies shall be depicted i) Legal description of the property j) Total acreage of the tract, total acreage of the proposed area to be improved, and acreage of open space k) Location and name of abutting subdivisions and City Limit Lines L) Wooded areas, wetlands, waterways, floodplain and floodway, ponds and other natural features m) General location of all proposed streets n) Proposed density of the development depicted in gross density figures (gross units per acre of the entire development) o) Location and identification of all land uses within the PUD shall be depicted. Identification of all amenity locations, detention areas, open space areas, etc. p) General location of parking areas for non single- family areas q) Depiction of any proposed walking trails, pathways, and buffer yards, including fences r) Notation on the plan of how wide the buffer yards will be and how they will be landscaped 13 s) Location and type of amenities provided N t i. wv.. SF84 cos r.- Figure 8.7 -1 B. COMPREHENSIVE DEVELOPMENT PLAN AS THE PRELIMINARY PLAT Should a conceptual site plan be provided that goes into sufficient detail necessary for submittal of a preliminary plat, the plan may be used as the preliminary plat for the PUD project. If the site plan is to be used as the preliminary plat, it must contain all of the required elements for preliminary plat approval outlined in the subdivision regulations of the City of Owasso. If the PUD is approved with a site plan that is sufficient to be used as a preliminary plat, the applicant may proceed to the final plat stage. It is not required that the entire development be platted, only the portion the applicant intends to develop initially. Additionally, the conceptual site plan can be used as the actual site plan for the development if it has TAC comments that have been addressed. If the site plan is unchanged, additional TAC review will not be required. 8.9 DESIGN AND INTENT STATMENT A. REQUIREMENTS The design and intent statement shall clearly articulate the vision for the proposed development and shall identify key elements of the project that justify using a PUD approach over conventional zoning. 1. At a minimum, the design and intent statement shall include some basic elements, listed below. a. Overall project statement of proposed use and intent. 14 b. List of the proposed land uses including residential densities c. List of all parties involved (applicant, owner, agent, plan preparer) d. Thorough narrative explaining why the development is appropriate, how it complies with the PUD ordinance. The applicant should explain how the PUD is consistent with the goals, purposes, and standards listed in this chapter. e. A statement regarding the compatibility of the proposed development with the surrounding area. The statement should address buffer zones, transition, screening, types of materials to be used, square footage of structures, . f. A table showing how the proposed PUD will differ from current bulk standards, with an outline of what sections of the zoning ordinance or subdivision regulations that the PUD seeks relief from. g. An outline of the covenants that will govern the property and information about the development of a Homeowners Association and how they will govern the common areas. h. An anticipated timeline for development, which may include a phasing plan. i. The PUD's consistency with the Owasso Land Use Master Plan. Sections 8.90 -8.99 Reserved 15 Oe T A (C �Arir'_ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Chelsea M.E. Harkins Economic Development Director SUBJECT: Tulsa's Future II - Regional Economic Development Program DATE: November 6, 2012 BACKGROUND: Last year, the Owasso City Council voted to participate in the Tulsa Metro Chamber Tulsa's Future II five -year economic development program. The city's annual investment is $15,000. Owasso has been a regional partner to the Tulsa Metro market for years. Increased rooftops, business and sales tax revenues have transitioned Owasso from a bedroom community to a major contributor to the Tulsa regional economy. The City of Owasso is focused on recruiting new jobs. Employers who provide high salaries will further supplement the growing Tulsa Metro market. For the past few years, Owasso has had a recruitment and relocation program. However, companies often weigh and examine a Metro city and the region while considering their options for relocation, retention and expansion. This emphasizes the need for all cities in the Tulsa Metro area to work together on regional economic development. TULSA'S FUTURE II: Tulsa's Future is a five -year, public - private economic development plan designed to leverage diverse strategies to enhance the Tulsa region's standing as a place for business, residents, visitors and students of all ages. The Tulsa region has a unique opportunity to grow its economy, strengthen our quality of life and improve our communities. Tulsa's Future investors are the visionaries who stake a claim in the economic future of the Tulsa region, to make the Tulsa Metro Area a national model for quality and sustainable regional development. Tulsa's Future has a holistic approach to economic development. Business retention, expansion and attraction remain at the core, but small business, workforce attraction and quality of life issues become part of a bigger plan for regional economic prosperity. In 2011, regional cities and Chambers of Commerce were asked to invest in Tulsa's Future II. The City of Owasso was asked to make a $15,000 investment every year for five years. The Owasso Chamber of Commerce supports Tulsa's Future II and the City's Investment in the program. The Owasso Chamber's support is $2,000 a year. REGIONAL APPROACH TO ECONOMIC DEVELOPMENT: A regional approach to economic development is no longer a trend. It is the expected norm for regions interested in truly competing for jobs and capital investment. A regional approach is the key to engaging site selection consultants, relocating companies and expanding businesses, with a unified brand, message and collection of assets to offer. Louisville, KY, among many other regions, have adopted the regional approach to considerable advantage, working together across city, county and state lines to reduce barriers for business and work efficiently together with all community partners to draw and retain jobs. Likewise, it's important for Tulsa to build a similar regional approach from Tulsa County outward to compete and succeed. Public municipality investment in Tulsa's Future allows for a seat at the table of Tulsa's Future Regional Partners. This group is comprised of the plan's regional municipalities, chambers of commerce and local governments, and meets quarterly to receive economic development updates, engage in discussion on economic development topics and challenges, and work together on opportunities for regional collaboration. The group discusses timely issues, recommends strategic solutions and guides the plan's regional activities in special projects related to economic development. In addition, this group receives a host of other tangible benefits from its association with Tulsa's Future, including weekly leads e -mails of companies currently growing with a potential for relocation and expansion, economic reports and data, travel opportunities, access to economic development experts at forums and meetings and access to Tulsa Metro Chamber economic development staff for assistance on projects. Regional partners meet quarterly to discuss opportunities for collaboration and devise better ways the region can partner and work together. Investor forums, which feature prominent site selection consultants and speakers on economic development issues, are available for Regional Partners. These provide valuable insight for communities and help to build relationships. Tulsa's Future regional partner investors are also invited on recruitment trips with Tulsa Metro Chamber staff to meet decision makers and make the case for the Tulsa region as a whole. Examples include an exclusive invitation to attend the Governor's Trade Mission to Europe in 2012. The Tulsa Metro Chamber's economic development team has a yearly robust schedule of travel to trade shows and scheduled appointments with expanding companies and site selection consultants at which they promote the entire Tulsa region as a competitive place for jobs and capital investment. In addition, the Tulsa Metro Chamber has an active relationship with economic development arm at the state level, and is often the funnel for site selection requests and activity concerning the Tulsa region. This provides considerable exposure and opportunity for each participating Tulsa's Future regional partner, beyond each community's individual economic development resources and budget. FUNDING: This program has been included in the FY 2012 -2013 Hotel Tax budget. This fund restricts the use of hotel tax funds "to encourage, promote and foster economic development and cultural enhancement, tourism and pursue regional promotion for the City of Owasso, Oklahoma." OEDA RECOMMENDATION: On October 11, 2012, the OEDA recommended continued participation in the Tulsa Metro Chamber Tulsa's Future II economic development program for a one -year investment of $15,000 and further recommends that the city fund the agreement from the Hotel Tax Fund. ATTACHMENTS: Tulsa's Future Regional Partner Benefits Tulsa's Future Privileges of Investment tulsa-s future Regional Partner Benefits The Tulsa's Future economic development plan greatly values the contributions and commitment of each investor, with certain benefits specifically available to our steadfast partners in regional economic development. • The Tulsa Metro Chamber will include regional sites and /or buildings on proposals for location projects. They must be submitted and available in proper format for our site /building database. • Communities have the opportunity to participate in seven scheduled appointment trips to key cities to meet with site consultants and corporate real estate executives. The participating communities must commit by the published deadline so that appointments can be established for maximum effect. These are "working trips." • Partners receive regular research lead reports from our business development department. • The Tulsa Metro Chamber provides expertise from project managers regarding business recruitment projects. • Partners receive access to Tulsa Metro Chamber's professional economist for research and impact analysis reports. • Memberships in the International Economic Development Council will be provided for each regional partner. These are not transferrable. • Memberships to the Southern Economic Development Council will be provided for each regional partner. These are not transferrable. • Tulsa Metro Chamber will provide region wide demographic information upon request. • A data feed will be provided through Exceligent so partners can include property database /GIS capabilities on their websites. • The Tulsa Metro Chamber will promote regional communities with the upcoming re- launch of the new Tulsa Metro Chamber website with links to their respective individual websites. • We will confidentially assist with business retention and expansion projects and in establishing a database of existing employer information using ExecutivePulse software in cooperation with the Oklahoma Department of Commerce. • Workforce and talent development assistance will be provided from Tulsa Metro Chamber director of talent strategies & recruitment. TULSXS FUTURE OVERSIGHT commmcs t re uo sa-s future nn,o=Tu[=`p=. _pws -PC _-mx,ie n.,-, ,.,,, r�_-,.Er2NmST,aET TULSA, OKLAHOMA p,o',,m�,z, P"siden' �mcco ��.y"°�c=p=,wou^,". °^*A.~'�� `�~'-d.. Tulsa's Future Privileges of -investment o.��.., Tuba's Future is a five'year, public-private economic development plan " u designed to leverage diverse strategies to enhance the Tulsa region's ^ .^..�"^^ standing as o place for business residents, visitors and students of all ages. The Tulsa region has o unique opportunity to grow its economy, strengthen our quality uf life and improve our communities. Tulsa's Future investors are the visionaries who in the future ',�'�"`,In stake a claim economic of ^"~ the Tuba region, to make the Tuba Metro Area a national model for s°...m^�^«�/��: quality and sustainable regional development. «~ �~`�07`� Privileges of Tulsa's Future investment include but are not limited to: 0x. r' ^ctc ^»^' Co|Lahoraton — PubUcmunicipa|byinves mentinTu|sa'sFutuneaUowsfor uevi,a~, a seat at the table of Tulsa's Future Regional Partners. This group is **==a,�="�ca, comprised of the plan's regional municipalities, chambers nfcommerce m=*elm°*^ and local governments, and meets quarterly to receive economic own""' and o"°s°`"*^oom" development updates, engage in discussion on economic development topics and challenges, and m/orktogether on opportunities for regional ,°,'�����^ Saint n""~` Health System collaboration. The group discusses timely issues, recommends strategic �~ solutions and the regional activities in s°`^ Director guides plan's special projects v,"rg^«^'s.'p—'*F"~"a^''— related to economic development. ^.b°^,. Lorton, m Publisher and CEO Tulsa World )� Recognition — Recognition aoa Tulsa's Future investor on the Tulsa Metro »^/ �w� �������� Chamber's Grow Metro Tulsa m/ebsite, Tulsa's Future annual reports and Ba"^mum"ho"" other Tulsa's Future communications. Steve Mackin President and CEO Cancer Treatment c^^^rsuAmerica Aocountobi|ity — AccesstoTu/xa Metro Chamber staff for aone'on'one Bert Marshall annual review and discussion of the Tulsa's Future of work and Blue Shield Oklahoma m—c.",^w * m program Paul,, Marshall accomplishments, to assure personal oversight and review ofprogram Chief Executive Sama Companies. Inc investment and continued participation. David Page Market President J'w=»= Chase mc" Communication — Investor-only e-communications and e'news|ette,s sharing the latest information on Tulsa's Future programs and n=,,"y='�^�m�� Charles and Lynn accomplishments, along with economic trends and data affecting the /��"����� Commissioner John sm^/m^ economic and community growth of the Tulsa region. m"'�"" ��c�^/�.�w^=�ity navios~=,. Information —An in-depth annual report of the Tulsa's Future program c�",��c^��"^*�''�° with a comprehensive look at the program's progress, successes and ,"=Th,m emerging opportunities. w^`m"*""v�� Dollar Thrifty Automotive Group, Inc, George Tiger Principal Chief Connection — Investor-only invitations to attend the annual meeting for m"""°ge,(C=ek) Nation , Tu|sasFuture'aovveUasothereventsandupdatestorecek/eproQram � Ric "aaVrimam= information, share ideas and build relationships with fellow investors and z». Williamson. Inc Chamber staff members. Becky J,nan^ Chair, Tulsa Metro Chamber Chairman and CEO Schnake Turnbi, Frank PR A V The City Wit out L TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Softball User Agreement DATE: November 9, 2012 BACKGROUND: For many years now the City of Owasso has taken the position that it will provide the venues for youth sports, but will not organize and operate them. In other words, the City builds the fields, but youth sports user groups handle registration, scheduling, concessions, and other organizational details. This has been a successful arrangement over the years. However, the tremendous growth of the community has created immense growth in youth sports participants, which has led to a growing investment in youth sports facilities. In 2010, the Quality of Life Initiative led to discussions about funding a build -out of the Sports Park or providing other youth sports venue improvements. Those discussions led to questions concerning the stewardship and care of existing youth sports fields and facilities, as well as the type of care that could be anticipated for future investments. Realizing that the City's youth sports user group agreements and contracts had either lapsed or lacked needed standards and requirements, staff began to seek ways to adjust current agreements in order to increase accountability on the part of the user groups regarding the maintenance and improvement of playing fields and transparency in the disclosure of financial information. In summary, City staff believes that bringing all sports facility user groups under a contractual agreement will allow the City to: 1) Enter into more structured agreements with sports facilities user group organizations 2) Achieve financial transparency in the operation of the City's sports venues 3) Achieve better fiduciary responsibility to the City's constituent taxpayers In December 2010, the City Council approved a user agreement for the operation of a youth baseball program utilizing city owned facilities. At that time, it was publicly discussed that staff intended to seek user agreements for youth softball. Later, the staff began developing a new user agreement for the City's softball facilities, using similar language from the baseball user agreement and information obtained during discussions with the current user group. COMMENT: The Owasso Girls Softball Association (OGSA) has managed the City of Owasso softball facilities for more than 20 years. The past agreement with OGSA and the City has simply been a verbal understanding with no official written agreement. The City has had a good working relationship with the Owasso Girls Softball Association. Without the guidelines of a written agreement, the OGSA has a proven track record of organizing and operating softball leagues and tournaments in Owasso. It is the staff's opinion that affording the opportunity for the existing user group to manage City owned softball fields will provide consistency and continuity of administration and management. Staff believes that allowing the existing user group an opportunity to meet the requirements of a structured agreement will lead to continued stable administration of the City's youth softball program. PROPOSED USER AGREEMENT: The proposed user agreement between the City of Owasso and the Owasso Girls Softball Association includes specific requirements intended to define a clear understanding of the responsibilities of the user group. More importantly, this will create accountability to the taxpayers that their investment in youth softball fields will be reciprocated by the user group's commitment. The guidelines will assure mutually approved significant investments toward field maintenance and improvements to the venue while adhering to the Sports Park Master Plan. The proposed agreement has been reviewed by the Owasso Girls Softball Association and City representatives. The two year agreement requires the OGSA to create and supply to the City both short -term and long -term plans towards field maintenance and improvements. These submitted plans will be reviewed by City staff and accepted or revised considering financial ratios and overall master plan strategy for City of Owasso Sports Complex. Quarterly inspections will be conducted to ensure those plans are being followed and are on track. The OGSA will offer a recreational and competitive youth softball program. In addition, the Owasso Girls Softball Association will provide an annual financial report to the City detailing the organization's revenues, expenses, and disbursements. The agreement also outlines maintenance standards for the softball fields and requires bi- annual inspections to ensure the fields and facilities are maintained to the required standards. A copy of the proposed agreement is attached for your review and consideration. RECOMMENDATION: Staff recommends authorization for the City Manager to execute an agreement with the Owasso Girls Softball Association, for the purpose of managing City of Owasso softball facilities and activities. ATTACHMENT: Proposed Youth Softball User Agreement OWASSO GIRLS SOFTBALL ASSOCIATION MANAGEMENT USER AGREEMENT The parties to this Agreement shall be the City of Owasso, Oklahoma, a municipal corporation, ( "the City ") and Owasso Girls Softball Association ( "OGSA "). 1. USER LICENSE: The City hereby grants a User License to OGSA for the administration and management of softball activities and for the use and maintenance of softball fields #1, #2, #3, 44, #5, and #6 at the Owasso Sports Park located 10320 E 116th St N, Owasso, Oklahoma. In consideration for such User License, OGSA hereby agrees to the provisions of this Agreement. This Agreement may be terminated at any time by the City if OGSA materially breaches the terms of this Agreement. 2. SCHEDULE: OGSA shall submit a written schedule of the times and dates of all recreational league and tournament softball games and practices to the City PRIOR to the beginning of the softball season. Schedule changes shall be submitted to the City and placed on its website at least one (1) day before the scheduled game or practice. 3. PERSONNEL: OGSA shall provide its own referees, umpires, and other necessary personnel. 4. WEBSITE: OGSA shall create and maintain a website providing current information to the public regarding Owasso youth softball recreational and tournament information. The website shall be updated as necessary throughout the year to contain accurate and timely information. 5. LOCAL BUSINESSES: OGSA agrees to utilize to the extent possible, communicate with, and support Owasso businesses. OGSA agrees further to encourage its teams, tournament teams, and their families to utilize Owasso businesses in a mutually supportive relationship. 6. USER LEASE FEE: OGSA shall make improvements and invest in the softball facilities in lieu of lease fees. Inspections of facilities and improvements will be conducted quarterly with City staff. Documentation verifying improvement investments will be submitted before September 31St, December 31 St, March 31St, and June 31 st. Detailed documentation should include type of improvement, improvement cost, and benefit of improvement. Documentation should also include receipts and/or invoices. Failure to timely remit documentation shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 7. CONCESSION: OGSA may provide concessions during softball league season and at all tournaments at the softball fields at the Owasso Sports Park. 8. TOURNAMENT SCHEDULES: Tournament schedules shall be provided to the City by OGSA PRIOR to the beginning of the softball season. There will be no limitation on the number of players participating in the league. 9. PLAYER FEES: OGSA shall not change its current 2012 player fees for the duration of this Agreement without 60 days notice and approval from the City. Scholarships shall be provided by OGSA to players who meet that organization's criteria for financial hardship and need. OGSA shall annually provide to the City a list of all league and tournament player fees as well as the number of scholarships awarded by OGSA for that year. Fees shall not be increased based on contract requirements. 10. ANNUAL FINANCIAL REPORTS: OGSA shall provide an annual financial report or third party audit to the City detailing the organization's revenues, expenses and disbursements for that year. In addition, OGSA agrees to provide other financial documents as requested by the City's Finance Department staff. All financial documents, records, and detailed accounts of financial operations shall be open to the City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure by OGSA to provide annual financial reports in compliance with the provisions within this section shall constitute a material breach of the contract and may result in termination of the Agreement. 11. TERM: This Agreement shall become effective on September 1St 2012, for a period of one (1) year. 12. GENERAL MAINTENANCE: OGSA shall be responsible for all routine maintenance and repairs, and specifically excluding major repairs as provided in section fifteen (15) herein which shall be the responsibility of the City, of softball fields, bleachers, concession areas and any other facilities utilized during the softball season at the designated softball fields #1 through #6 at the Owasso Sports Complex with no charge to the City. OGSA shall also be responsible for the general clean-up and collection of trash and debris in and around all softball fields at the end of the last game each day and parking lots before the beginning of the first game on the following day. 13. MAINTENANCE STANDARDS: OGSA agrees to maintain the high quality of playing surfaces on all softball fields at Owasso Sports Park in good working order sufficient to ensure safety of the players, spectators, coaches, managers and all other officials and personnel at all times. A. Each softball field, as often as is needed, will have dirt added, will be sprayed for weeds, will be aerated and fertilized, will have dirt lips and buildups cutout, and will be mowed and swept. B. Current conditions of fields do not comply with desired maintenance standards. The following conditions must be improved within the duration of this contract in the following areas: 1. Establish and maintain complete turf coverage within the playing field. 2. Playing surfaces will be kept uniform and level to allow for proper drainage and player safety. All soil areas will be maintained with a quality soil. Regular field maintenance will be performed in such a way to avoid lip or ridge formation resulting from loose dirt being dragged or pushed into grass areas. 3. OGSA will mow all softball fields and grass areas inside of the softball fields and surrounding area. Mowing heights will be maintained between 3/4 inches and 2 % inches depending on season and variety of grass. 4. Edging should be performed on a regular basis as needed to provide consistent edges and lines. 5. Outfield fences will be kept free of any thatch that might impede drainage. 6. OGSA agrees to provide a long term maintenance program to the City for approval. 14. INSPECTION: All softball facilities will be in good working order on the date this contract becomes effective and will be inspected by both the City and OGSA before this Agreement shall be executed. The City retains the right to enter upon the softball fields and facilities at any time for inspection, maintenance, repairs or any other purpose related to this Agreement. The City will have the softball fields and facilities inspected quarterly for the duration of this contract year by an inspector possessing the requisite abilities, experience and technology to determine whether or not the softball fields and facilities are being maintained by OGSA in compliance with the specified maintenance standards. A written report detailing the results of each inspection shall be provided to the City and OGSA by the person performing the inspection. In the event any softball fields or facilities are not in compliance with the maintenance standards specified by this Agreement, the City shall provide an additional written Notice of Noncompliance to OGSA within five (5) business days from the date the inspection report is received by the City. The Notice of Noncompliance will state the specific nature and extent of each area of noncompliance and shall require OGSA to remedy the violation and become compliant in each area within a reasonable period of time to be negotiated with the OGSA but ultimately decided by the City. Failure to do so shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 15. IMPROVEMENTS OR EMERGENCY REPAIRS• The softball fields and facilities at Owasso Sports Park shall at all times remain the property of the City and no improvements or structures may be built upon the fields or facilities without written permission from the City. The City shall be responsible for all major repairs necessary at the Owasso Sports Park including, but not limited to, rest rooms, plumbing, parking lots, and general electrical issues. 16. RESTROOMS: The west most restroom facility will be considered the softball restrooms. OGSA may rekey locks to the west most restroom's breezeway, which contains the supplies, and if so shall provide a key to the City for its use. Keys to the west most restroom's breezeway shall not be provided to other parties without the approval of OGSA and City. OGSA will provide ample restroom supplies for the softball restrooms at the Owasso Sports Park. OGSA will stock and clean the softball facility restrooms prior to each softball game, including when both league and tournament play is scheduled to be played. If the restrooms are utilized by another party, that party will be responsible for cleaning and restocking the restroom supplies. 17. INSURANCE: OGSA shall maintain general liability insurance covering the premises and activities of the softball facilities and program at the Owasso Sports Park in an amount not less than One Million Dollars ($1,000,000) and shall name the City as a co- insured. A copy of the policy shall be provided to the City Manager of the City of Owasso at the time this Agreement is executed. OGSA shall maintain the required insurance with an insurer carrying a Best's "A" or equivalent rating that is licensed and admitted to write and issue insurance policies in the State of Oklahoma. 18. INDEMNIFICATION: As partial consideration for this Agreement, OGSA agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings, reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any aspect of the acts, omissions, negligence or misconduct of OGSA, its competitors, invitees, licensees, members, volunteers, representatives, employees, agents, officers, contractors or subcontractors, including but not limited to permitted uses of the fields and facilities, any injury or damage that occurs on or about the fields or facilities relating to softball activities, or OGSA's performance or failure to perform the terms and conditions of this Agreement. OGSA shall promptly notify the City of any serious injuries occurring on the fields or facilities and of any claim asserted by any individual. 19. LAWS: This Agreement shall be governed by the laws of the State of Oklahoma. Exclusive jurisdiction and venue for any action relating to this Agreement shall be solely in the District Court of Tulsa County, Oklahoma. 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, or other communications between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions herein, and the provisions of this Agreement are intended to be and shall be deemed severable. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date set forth below. Executed the _ day of , 20 CITY OF OWASSO: Doug Bonebrake, Mayor Attest: Sherry Bishop City Clerk Approved as to Form: Julie Lombardi City Attorney and General Counsel OWASSO GIRLS SOFTBALL ASSOCIATION: The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: CNG Grant Project DATE: November 9, 2012 BACKGROUND: Councilor Brown requested a report on the CNG conversion project. This item has been placed on the work session agenda for discussion purposes. ATTACHMENT: A. Correspondence dated November 2, 2012 from Councilor Brown Bishop, Sher From: Ray, Rodney Sent: Friday, November 02, 2012 4:39 PM To: Brown,Charlie(Private); Ray, Rodney; Lehr, Warren; White, Larry; Bishop, Sherry Cc: Bonebrake, Doug (Private); Chris Kelley; Moberly,Jeri(Private); Ross, Patrick (Private); Ray, Rodney Subject: RE: CNG Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon, During the October 16th Council meeting you requested an accounting of the conversion project and list of vehicles converted to CNG. I commented that an item would be placed on the November worksession to discuss the project and provide you with the requested data. The additional data that you have requested in your e -mail below may take more time to gather (I have not specifically visited with the project manager), but our goal will be to provide these details to you at the November worksession. Rodney From: Charles Brown [ mailto :icharlieb(absbcglobal.netl Sent: Friday, November 02, 2012 9:57 AM To: Ray, Rodney; Lehr, Warren; White, Larry Cc: Bonebrake, Doug (Private); Chris Kelley; Moberly,Jeri(Private); Ross, Patrick (Private) Subject: CNG Rodney, When can I expect to see the report you promised that provides the details all of the spending for the CNG project? I'd like to see as much detail as possible, including the breakout for the parts and labor for each vehicle, a list of vehicles that are converted, any pending work to be performed, the terms of any warranties and any parts in inventory. The total spending should equal the CNG grant amount less the amount that was returned. Please provide as much detail as possible. Please also provide the amount spent by the city to provide utilities and other things that were not covered by the grant. I'd also like to see the detailed CNG usage reports for each CNG vehicle. Also, at the last council meeting you mentioned that the minimum usage provision would be eliminated. Please provide a copy of the amendment to the agreement with Blue Fuels that eliminates that provision. Thanks, Charlie Oe T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney Ray City Manager SUBJECT: Recording Meetings DATE: November 9, 2012 BACKGROUND: Councilor Brown requested item G, Recording Meetings, be placed on the work session agenda. This information was previously discussed at the August 14, 2012 work session. ATTACHMENT: A. Correspondence dated November 9, 2012 from Councilor Brown B. August 10, 2012 memo from Larry White, Director of Support Services Stevens, Julie From: Charles Brown [icharlieb @sbcglobal.net] Sent: Friday, November 09, 2012 8:27 AM To: Ray, Rodney; Lombardi, Julie; White, Larry; Lehr, Warren Cc: Bonebrake, Doug (Private) Subject: Re: Recording Meetings Please include an agenda item in the upcoming work session with an appropriate resolution or ordinance, as appropriate to begin audio recording city council and planning commission meetings and to make such recordings available over the internet. Also in the printed agenda package please include the information Mr. Winters provided verbally in the July work session regarding costs, retention and equipment. As I have stated before, this level of transparency is expected given the level of citizen's technological capabilities, and government entities without this capability are perceived as less sophisticated. Thank you, Charlie From: Charles Brown <icharlieb(aDsbcglobal.net> To: Rodney Ray <rjray(a),cityofowasso.com >; Warren Lehr <wlehr(aD_cityofowasso.com >; Sherry Bishop <sbishop(d.)cityofowasso.com> Cc: Douglas Bonebrake <dbonebrake(agmail.com> Sent: Tuesday, July 17, 2012 10:51 AM Subject: Recording Meetings Below is the request I made for an agenda item regarding the recording of meetings: 7 believe we need to record all future meetings and make them available over the internet. This is pretty standard practice for many other government entities, and provides a level of transparency that is now expected by citizens given society's technological capabilities. Please provide some information regarding the cost and time to implement audio recording of every city council meeting. " At the last work session, I believe the request was expanded to include not only the costs for audio recording, but also the potential for video recording and /or internet streaming capabilities. Will any of the requested information be available tonight? If not, when will it be available? Thanks, Charlie The City Wit nut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry White Support Services Director SUBJECT: Audio /Visual Report Recording of City Council Meetings DATE: August 10, 2012 BACKGROUND: At the July 10, 2012 City Council work session, Councilor Charlie Brown requested a study of the cost and process to record City Council meetings. Since that time, staff has worked to compile a report of all necessary data for discussion at the August 14, 2012 City Council work session. AUDIO RECORDING: The objective of this project is to make audio recordings of City Council meetings easily accessible to the public. The challenge of this project is recording, storage, and retrieval management of audio recordings and related documents. The current sound system owned by the City of Owasso needs enhancements to convert analog audio recordings to a digital format. This would allow streaming of data as well as archive and data management. The City would need to purchase a digital recorder, auto gain microphones, data capture software, and additional microphones to accommodate any recording environment. This would require a one -time upfront cost of approximately $9,000. This equipment would be compatible for additional recording enhancements in the future. In order to provide a reference tool to the public for data retrieval, the agenda and related attachments from each audio recording will need to be imported into a data system. While audio recordings do not provide the option for searching on specific topics, some data systems allow search capabilities based on Agenda topics or specific words which are entered into the system. Staff feels the best way to manage the recordings and documents is by utilizing a professional service. There are several providers of this type of service. The cost of these services ranges from approximately $200 per month to $500 per month depending on the types of services and options elected. The professional services and related data systems are generally managed as follows: Capture the public record with audio recording and synchronized documents using one software application Manage records with intuitive editing and publishing tools 0 Import or upload an existing agenda or create a new agenda • Add notes, enter or highlight keywords, time stamp the data, and edit the agenda during the meeting • Turn on live streaming • Synchronize agenda items and notes with the audio recording • Attach minutes and other associated documents • Track roll calls, motions, and votes of each Council member • Share the public record using powerful searching, browsing, Live and On- Demand Streaming services, downloads or physical media • Publish content to our website for public access • Provide live streaming services • Search limited text (including keywords) to hear the associated audio recording • Store and manage online content easily and securely Benefits of the professional service include: • Reduction of post- meeting preparation time for public documents by up to 80% • Save valuable taxpayer dollars by decreasing the labor cost for public information requests and reducing printed materials • 24/7 access to public information through intuitive web -based search and retrieval • Reduces bandwidth and storage requirements • Reduces file- transfer size for streaming multimedia capability • Provides security for the audio recordings VIDEO RECORDING: In order to provide video recording capabilities for public viewing, video equipment (including a camera) would need to be purchased. This equipment is estimated to cost $13,000. Professional services for this added communication feature would increase the monthly cost by around $1,000 per month. This means the total cost for audio and video professional services would range from $1,200 per month to $1,500 per month. PROPOSED ACTION: This item is for discussion purposes only at this time. Further action will be at the discretion of the City Council. V The City Witiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Settlement Conference in Larissa Darnaby v. The City of Owasso, and proposed Resolution 2012-11 DATE: November 9, 2012 BACKGROUND: This is an employment law action in which the Plaintiff claims she was unlawfully terminated by the City of Owasso. Specifically, the Plaintiff contends that her termination violated The Americans with Disabilities Act, the Family Medical Leave Act and Title VII of the Civil Rights Act of 1964 (alleging gender -based discrimination). Plaintiff additionally alleges that she was subjected to a hostile work environment, that emotional distress was intentionally inflicted upon her and that she incurred retaliation when she made complaints regarding her work environment. The Federal Code of Civil Procedure requires attendance at a settlement conference by a person vested with full settlement authority on behalf of any organization or entity named as a party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all parties are required by the Court to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. The Court has issued an order in this case scheduling a settlement conference for the Plaintiff, the Defendant and their respective attorneys on January 7, 2013, at 1:30 p.m. at the federal courthouse, and has compelled attendance and participation by all parties. Consequently, it is necessary for the City of Owasso to designate a representative to attend the settlement conference on behalf of the City and to additionally confer full and final settlement authority in this litigation upon that representative. PROPOSED ACTION: Approval of proposed Resolution 2012-11 conferring full and final settlement authority upon the City Manager and additionally designating the City Manager as the City's representative at the scheduled settlement conference. 3.I t RECOMMENDATION: Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's authorized settlement representative for the settlement conference in the case of Larissa Darnabv v. City of Owasso, and additionally confer full and final settlement authority upon the City Manager in this matter through approval of proposed Resolution 2012-11 memorializing the same. ATTACHMENTS: A. Proposed Resolution 2012 -11 B. Settlement Conference Order This is an automatic e -mail message generated by the CM/' ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ** *NOTE TO PUBLIC ACCESS USERS * ** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court U.S. District Court for the Northern District of Oklahoma Notice of Electronic Filing The following transaction was entered on 9/7/2012 at 4:42 PM CDT and filed on 9/7/2012 Case Name: Darnaby v. City of Owasso Case Number: 4: 1. 2-cv-0005 9-GKF-TLW Filer: Document Number: 8 Docket Text: SETTLEMENT CONFERENCE ORDER by Magistrate Judge Paul J Cleary, setting /resetting dead Iine(s) /hearing(s): before ASJ John H. Lieber ( Settlement Conference set for 1/7/2013 at 01:30 PM before Adjunct Judge) (kjp, Dpty Clk) 4:12 -cv- 00059 -GKF -TLW Notice has been electronically mailed to: Daniel E Smolen danielsmolen a,ssrok.com, bgnperrine(aDssrok.com, davidwartagssrok.com, kendrarash(a-),ssrok.com, laurenlambright cr,ssrok.com, mirandarussellgssrok.com Donald Eugene Smolen , II(Terminated) donaldsmolengssrok.com, candacebrand(�),ssrok.com, donnabirchfieldga,ssrok.com, jackbeesleygssrok.com, lauralauthgs srok. com Keith A Wilkes kwilkesgnewtonoconnor.com, eandrew a,newtonoconnor.com Lauren Grace Lambright (Terminated) laurenlambrightgssrok.com Miranda Rachelle Russell (Terminated) mirandarussell a,ssrok.com Regina Lynn Nerger finer er c newtonoconnor.com, eandrew(ctnewtonoconnor.com, mbowser a newtonoconnor.com 4:12 -cv- 00059- GKF -TLW Notice has not been electronically mailed to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID= 1058978411 [Date = 9/7/2012] [FileNumbei= 1315526 -0] [ b24493c234b3c28073948eb581aa79dadc0ae987e837d2037ef6344099155a67lb6d 12d8ll337cf77db35delcb42cb4fdc2a7b5b7f9c6d236dbd396bfc4029e2 ]] OWASSO CITY COUNCIL PROPOSED RESOLUTION NO. 2012-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED TO BE HELD ON JANUARY 7, 2013, IN THE LITIGATION STYLED LARISSA DARNABY v. CITY OF OWASSO, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER. WHEREAS: The City of Owasso is a Defendant in litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Larissa Darnaby v. City of Owasso, United States District Court for the Northern District of Oklahoma, Case No. 12- CV- 059- GKF -TL W, and, WHEREAS: The City of Owasso has been ordered to attend a settlement conference by the Court to occur on the 7th day of January, 2013, at the United States Courthouse in Tulsa, Oklahoma, and to bring an authorized representative possessing full and final settlement authority to be used at his or her discretion during the settlement conference, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager, Rodney J. Ray, and additionally designate the City Manager as the City's representative for the settlement conference, THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative for the City of Owasso for purposes of the above- described settlement conference, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and final settlement authority on behalf of the City of Owasso in the above - styled litigation matter. 5 � � APPROVED AND ADOPTED this 20th day of November, 2012, by the City Council of the City of Owasso, Oklahoma. Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney Doug Bonebrake, Mayor