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HomeMy WebLinkAbout2013.06.11_Worksession Agenda_AddendumRECEIVED °!'N 0) 2013 PUBLIC NOTICE OF AN ADDENDUM TO THE JOINT MEETING OF THE City Clerk's offjce OWASSO CITY COUNCIL, OPWA, AND OPGA The Owasso City Council will meet on Tuesday, June 11, 2013 at 6:00 PM at Old Central, 109 N. Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Monday, June 10, 2013. Sherry Bisho ity Clerk ADDENDUM The following is submitted as an addendum to the Owasso City Council Agenda filed on Monday, June 10, 2013. Items numbered 1-5 shall remain the same. Items listed as 5-B, 5-D, and item 6 are as follows: 5. Discussion Relating to City Manager Items Mr. Lehr Attachment #5 B. Review Private Detention Pond Policy as it Relates to the Silver Creek Detention Facility D. City Manager Report Settlement Conference: Huntley v. City of Owasso Settlement Conference: Williams v. Townsend, et al. 6. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the Office of the City Manager, including matters related to job performance, such executive session provided for in O.S. 25, Section 307(8)(1) PUBLIC NOTICE OF THE JOINT MEETING OF THE RECIEJVJ�C OWASSO CITY COUNCIL, OPWA, AND OPGA UUN Q €" TYPE OF MEETING: Regular �ed(�ej�,� DATE: June 11, 2013 11 TIME: 6:00 p.m. PLACE: Old Central Building 109 N. Birch AGENDA FILE Notice and agenda filed in the office of the City Clerk and posted on the Cit Hall bulletin board at 6:00 PM on Friday, June 7, 2013. Sherry Bish p, City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Discussion relating to the expectations for the employees that the Council oversees regarding disclosure of any significant personal obligations incurred by such employee with any entity or business that does business with the city or that has business pending with the city This item was originally listed on the April 2, 2013 agenda at the request of Councilor Charlie Brown and tabled on May 7, 2013 to the June work session. 3. Discussion Relating to Administrative Items Ms. Bishop Attachment #3 A. FY 2013 Budget Amendments B. Hazardous Mitigation Grant 4. Discussion Relating to Operational Items Mr. Lehr Attachment #4 A. CDBG - Sidewalk Projects Bid 5. Discussion Relating to City Manager Items Mr. Lehr Attachment #5 A. Boards and Committees Appointments B. Review Private Detention Pond Policy C. FY 2014 Proposed Budget D. City Manager Report Gathering on Main Street Sales Tax Report 6. Report from City Councilors 7. Adjournment sn nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager, Administrative Services SUBJECT: FY 2014 Budget Amendments DATE: June 7, 2013 BACKGROUND: This item is listed on the work session agenda as a contingency for the possibility that a supplemental appropriation may be necessary for any City fund. None are anticipated at this time. The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the some fund. A supplement or increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is not recommending any year -end appropriations for the trust authorities. Under the pledged revenue requirements of the OPWA debt indentures, the City transfers all of its sales tax collections to the OPWA Sales Tax Fund, and then the OPWA transfers two cents of the sales tax back to the General Fund. If the sales tax revenue in the General Fund exceeds budget, the transfer to the OPWA would exceed budget also and a supplemental appropriation would be needed. The City Wii out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry White Support Services Director SUBJECT: City of Owasso Multi- Hazard Mitigation Plan DATE: June 7, 2013 BACKGROUND: The City of Owasso currently has a Multi- Hazard Mitigation Plan in place which is used to identify, assess, and address all natural and hazardous material events that may pose a threat to Owasso citizens and property. The plan is required to be reviewed annually and updated every five years in order for the City to maintain its eligibility for Federal Hazard Mitigation Grants. The initial plan was prepared in 2004, and approved by FEMA in 2008. This plan must be updated in 2013. The process to update the plan is estimated to take several months and will require survey input from private business, non - profit agencies (including INCOG), Owasso Public Schools, and City staff. The City received a Federal Hazard Mitigation Grant to prepare the initial plan and is eligible for similar grant funding for the plan update. During the last week of April, 2013, the Oklahoma Department of Emergency Management announced that funding is now available. The anticipated plan revision cost is $77,943.33. The grant provides for 75% of the total cost to be provided by FEMA in the amount of $58,457.50, and 25% must be matched by the City of Owasso in the amount of $19,485.83. The City contracted with INCOG to prepare the initial plan and utilized our annual INCOG dues for the required matching funds. The City will, once again, be able to use our annual INCOG dues to cover the entire amount of the match requirement for the new grant. Staff will provide periodic updates to City Council during this process. Upon completion, the revised plan will be submitted to the City Council for approval. Once approved by City Council, the Plan will be sent to the Oklahoma Department of Emergency Management and to the Federal Emergency Management Administration (FEMA) for approval. PROPOSED ACTION: Staff intends to recommend acceptance of the Federal Hazard Mitigation Grant for $77,943.33 with 75% FEMA funding and the 25% local match provided by annual INCOG dues; authorization of a contract for services with INCOG; and authorization to execute the necessary documents. ATTACHMENTS: A. Section 6.1 from the initial Hazardous Mitigation Plan explaining the update requirements. B. Grant application to the Oklahoma Department of Emergency Management Chapter 6: Plan Maintenance and Adoption This chapter includes a discussion of the plan maintenance process and documentation of the adoption of the plan by the Owasso Emergency Management Advisory Committee and the Owasso City Council. 6.1 Monitoring, Evaluating, Updating the Plan The City Manager and the Emergency Management Director will oversee the day -to -day implementation of the plan. Monitoring will include getting quarterly reports from the agencies and departments involved in the mitigation activities as to their progress in implementing the projects included the Action Plan that fall within that agency's or department's scope of responsibility. The Owasso Emergency Management Advisory Committee will also evaluate the mitigation plan on an annual basis. The evaluation shall include reviewing the goals and objectives of the mitigation plan for any changes. The evaluation will also include a review of the hazards in the plan to determine if the risks or hazard locations have changed. The Owasso Emergency Management Advisory Committee will complete and provide an annual evaluation to the City Council summarizing the accomplishments of the mitigation activities. In the action plan, the Owasso Emergency Management Advisory Committee will review the items identified to implement each action plan activity for their appropriateness, and report problems to the City Council. These implementation items include the responsible agency to oversee the mitigation activity, the time schedule, and the funding source. The Owasso Emergency Management Advisory Committee will make a comprehensive update to the Multi- Hazard Mitigation Plan within five years, from the approval date, as per FEMA requirements, and will be re- submitted to ODEM and FEMA for approval as required. 6.2 Incorporating the Multi- Hazard Mitigation Plan The Owasso Multi - Hazard Mitigation Plan has been adopted by the Owasso Planning Commission as an amendment to the Owasso Comprehensive Plan. The Owasso City Council has adopted the plan to guide City mitigation activities. Appropriate Action Plan activities will be incorporated into the planning process, and in the annual city budget. As stated in section 6. 1, the City Manager and the Emergency Management Director will oversee the day -to -day implementation of the plan. They will work with the OEMAC to monitor how initigation activities are incorporated into other city plans. Members of the OEMAC are also City Department Heads charged with the responsibility of updating and enforcing key plans and Mitigation Plan City of Owasso 75 i� Multi- Hazard STATE OF OKLAHOMA NOTICE OF INTENT (NOI) HAZARD MITIGATION GRANT PROGRAM (HMGP) IMPORTANT: Please use this form if you have a potential mitigation project. Complete the form as soon as possible and return to the Oklahoma State Hazard Mitigation Officer as shown below. If you have more than one project this form can be copied for your use as needed PART I — APPLICANT INFORMATION Applicant: Mailing address: City: Owasso of Owasso PO Box 180 Zip: 74055 County: Tulsa and Rogers Name of contact person: Cliff Motto Title of contact person: Director, City of Owasso Emergency Management Telephone number: ( 918 ) 272 -3828 Fax number: E -Mail: emotto @cityofowasso.com Initial plan approved by FEMA Date of Approved Hazard Mitigation Plan (attach here to a copy of the on 01 -14 -2008. Attached is a plan page(s) where this project is shown as a mitigation action) copy of section 6.1 from the initial plan staring the City will make a comprehensive update within 5 years per FEMA requirements. No separate mitigation action was included. Applicant is eligible for HMGP funding in accordance with 44 CFR 206.434 (a): (1) X State / local government; (2) ❑ Private non - profit which owns or operates a critical facility (see criteria); (3) ❑ Tribal government PART H — PROJECT INFORMATION Project Description: The City proposes to make a comprehensive update to their initial multi- hazard mitigation plan, per FEMA requirements. This update will include the City of Owasso and the Owasso Independent School District. Estimated Project Cost: $ $77,943.33 Local share (25 %) $ $19,485.83 Amount requested from the Hazard Mitigation Grant Program: $ (Not more than 75 percent of the total project cost.) $58,457.50 Page t of 4 pages HM -NOI March 2011 Is the applicant delinquent on any federal debt? No X Yes ❑ Are you receiving or requesting assistance from any other source? No X Yes ❑ If yes, list source: Do you currently have matching funds (25 percent of the project cost ?): No ❑ Yes X Will the 25 percent match be: If other, provide explanation. Requested project start date: Cash ❑ In -kind X Combination ❑ Dues paid to be a member of INCOG will be used for the match. 1/3/2012 Population served by this project: 28,915 Is the applicant a member of the National Floodplain Insurance Program? No ❑ Yes X If "No" and the project will be in the Special Hazard Flood Area, the sub - applicant must participate in the National Floodplain Insurance Program (NFIP). If the project will not be in the Special Hazard Flood Area, then participation is not required. This project is eligible for HMGP funding in accordance with criteria established in 44 CFR 206.434 (cl — (hl: (use the attached Project Eligibility Checklist to indicate applicable criteria). PART III — ASSURANCE I, the undersigned, hereby certify that all information provided in this Notice of Intent to submit an application for financial assistance in accordance with policies of the Federal Emergency Management Agency is true and correct to the best of my knowledge. I certify that the applicant (i.e., organization, city, county, etc.) will fulfill all requirements of the program as contained in the program guidelines. Printed Name of Authorized Official: 01;ff T%Ani?n Signature: Director, City of Owasso Emergency Management Title: Date: STATE HAZARD. MITIGATION OFFICER: William G. Penka Oklahoma Department of Emergency Management P O Box 53365 Oklahoma City, OK 73152 Phone: (405) 521 -3072 Fax: (405) 524 -4959 E -mail: bill uenkaCc�oem.ok.gov Page 2 of 4 pages HM -N01 March 2011 PROJECT ELIGIBILITY CHECKLIST all of the following criteria which most closely describe your project and its ouroosel �) (c) Minimum project criteria. To be eligible for the Hazard Mitigation Grant Program, a project must: X (1) Be in conformance with the State Mitigation Plan and Local Mitigation Plan approved under 44 CFR part 201; ❑ (2) Have a beneficial impact upon the designated disaster area, whether or not located in the designated area; ❑ (3) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and 44 CFR part 10, Environmental Considerations; X (4) Solve a problem independently or constitute a functional portion of a solution where there is assurance that the project as a whole will be completed. Projects that merely identify or analyze hazards or problems are not eligible; ❑ (5) Be cost - effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a major disaster. The grantee must demonstrate this by documenting that the project; ❑ (i) Addresses a problem that has been repetitive, or a problem that poses a significant risk to public health and safety if left unsolved, ❑ (ii) Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur. Both costs and benefits will be computed on a net present value basis, ❑ (iii) Has been determined to be the most practical, effective, and environmentally sound alternative after consideration of a range of options, ❑ (iv) Contributes, to the extent practicable, to a long -term solution to the problem it is intended to address, ❑ (v) Considers long -term changes to the areas and entities it protects, and has manageable future maintenance and modification requirements. (d) Eligible activities — (1) Planning. Up to 7% of the State's HMGP grant may be used to develop State, tribal and/or local mitigation plans to meet the planning criteria outlined in 44 CFR part 201. (2) Types of projects. Projects may be of any nature that will result in protection to public or private property. Activities for which implementation has already been initiated or completed are not eligible for funding. Eligible projects include, but are not limited to: ❑ (i) Structural hazard control or protection projects; ❑ (ii) Construction activities that will result in protection from hazards; ❑ (iii) Retrofitting of facilities; ❑ (iv) Property acquisition or relocation, as defined in paragraph (e) of this section; X (v) Development of State or local mitigation standards; multi- hazard mitigation plan ❑ (vi) Development of comprehensive mitigation programs with implementation as an essential component; ❑ (vii) Development or improvement of warning systems. (e) Property acquisition and relocation requirements. Property acquisitions and relocation projects for open space proposed for funding pursuant to a major disaster declared on or after December 3, 2007 must be implemented in accordance with Part 80 of this chapter. For major disasters declared prior to December 3, 2007, a project involving property acquisition or the relocation of structures and individuals is eligible for assistance only if the applicant enters into an agreement with the FEMA Regional Director that provides assurances that: (1) The following restrictive covenants shall be conveyed in the deed to any property acquired, accepted, or from which structures are removed (hereafter called in section (d) the property): ❑ (i) The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices; and ❑ (ii) No new structure(s) will be built on the property except as indicated below: ❑ (A) A public facility that is open on all sides and functionally related to a Page 3 of 4 pages HM-1\T01 March 2011 designated open space or recreational use; ❑ (B) A rest room; or ❑ (C) A structure that is compatible with open space, recreational, or wetlands management usage and proper floodplain management policies and pracfddis which the D1r`ecfo(appfoves in writing before the construction of the structure begins. (iii) After completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or source will provide such assistance. ❑ (2) In general, allowable open space, recreational, and wetland management uses include parks for outdoor recreational activities, nature reserves, cultivation, grazing, camping (except where adequate warning time is not available to allow evacuation), temporary storage in the open of wheeled vehicles which are easily movable (except mobile homes), unimproved, previous parking lots, and buffer zones. ❑ (3) Any structures built on the property according to paragraph (d)(1) of this section, shall be flood proofed or elevated to the Base Flood Elevation plus one foot of freeboard. ❑ (f) Duplication of programs. Section 404 funds cannot be used as a substitute or replacement to fund projects or programs that are available under other Federal authorities, except under limited circumstances in which there are extraordinary threats to lives, public health or safety or improved property. ❑ (g) Packaging of programs. Section 404 funds may be packaged or used in combination with other Federal, State, local, or private funding sources when appropriate to develop a comprehensive mitigation solution, though section 404 funds cannot be used as a match for other Federal funds. Page 4 of 4 pages HM -NOI March 2011 nTit#YW, out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: FY 2013 CDBG Sidewalk Project Construction Contract Bid Update DATE: June 7, 2013 BACKGROUND: Each year, the City of Owasso is eligible for funds through the Community Development Block Grant (CDBG), administered through INCOG and the Oklahoma Department of Commerce. CDBG funds are federal funds appropriated through the Housing and Urban Development (HUD). The funds are to be spent on infrastructure improvements in areas of low -to- moderate income. The defined low -to- moderate income areas are determined from U.S. census data. The low -to- moderate income areas in Owasso are represented on Attachment A. Funds can be used to improve roads, drainage, utilities, sidewalks, parks, etc. in the qualifying areas. Previous projects in Owasso using CDBG funds have ben drainage and walk trail improvements to Rayola Park; the new Owasso Skate Park; and Three Lakes Village pavement repairs to list a few. On April 3, 2013, City Council approved Resolution 2012 -03 which authorized City's participation in the Tulsa County CDBG Urban County and execution of the cooperation agreement which included the project description. The 2013 project is to construct new sidewalks and upgrade existing sidewalks /handicap ramps to the Americans with Disabilities Act (ADA) guidelines. The upgrades vary from simply removing sections of sidewalks with trip hazards to removing large sections that have settled or have been damaged. A map of the improvements is included as Attachment B. The project locations were determined by walking and visually surveying each section of sidewalk in the CDBG area. Sections of missing sidewalk were also added to provide connectivity for pedestrian traffic. ADVERTISING FOR BIDS: Advertisements for bids were published on April 25 and May 2, 2013, in accordance with state law and a mandatory pre -bid meeting was held at City Hall on May 15, 2013 with five (5) contractors in attendance. The bid opening was held on May 29, 2013 at City Hall. BID OPENING: Four (4) bidders submitted bids on this project. The bid results are included in the following table: Bidder Base Bid Add. Alternate Total Base Bid +Add Alt. Tulsa Civil Contractors $232,475.00 $53,250.00 $285, 725.00 Tri -Star Construction $156,300.00 $36,000.00 $192,300.00 Glover Construction $134.540.00 $25,100.00 $159,640.00 MAC Construction $117,320.00 $24,100.00 $141,420.00 Engineer's Estimate $113,887.50 $23,250.00 $137,137.50 The low bidder was MAC Construction, Ramona, Oklahoma. The Base Bid from MAC Construction is above the funds available from CDBG ($113,845). However, the Streets Division budget has additional funds for sidewalk construction and can fund the remaining Base Bid needs plus the Additive Alternate needs. FUNDING: Funds are available in the Community Development Block Grant Fund and Streets Division Operating Budget. PROPOSED ACTION: Staff intends to recommend award of the Base Bid and Additive Alternate to MAC Construction at the June 18 City Council meeting. ATTACHMENTS: A. CDBG Project Boundary Map B. Location Map -- rl Owasso. City Council Policy Statement Relating to Private Stormwater System Improvements In its desire to pursue the highest quality of life for citizens of the Owasso community, the City Council recognizes the importance of Stormwater management. 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. The City of Owasso Stormwater system contains approximately 45 public or private detention stormwater detention facilities. Stormwater detention facilities and related infrastructure require routine maintenance to function properly and in the long -term can require significant investments for repair and replacement of structures in order to prevent flooding of adjacent properties as well as minimize the negative impacts of excessive flows on public roads, private property, public facilities, and to aquatic habit downstream areas. More and more often, the burden of assuring the integrity of the public stormwater facilities subsequent to the failure of a private storm water management facility falls on the local government. The purpose of the Private Storm Water System Improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private stormwater facility owners for public assistance. Therefore, the City Council adopts the following guidelines and directs the municipal staff to endeavor to implement the policy as a priority in the administration of the staff's duties: GUIDELINES: The following requirements must be met in order for a private stormwater facility to be eligible for funding consideration and appropriate action by the Owasso City Council: 1. The Private Stormwater Facility must be part of the City's stormwater system; and, 1 A determination made by the Owasso Public Works Engineering Division that the basin's intended stormwater capacity has been reduced resulting in a risk of flooding to the adjacent, upstream, or downstream properties; and, 3. A determination made by the Owasso Public Works Engineering Division that the weakened or eroded areas of the dam or barrier poses a likely threat of a dam or barrier failure; and, 4. A determination made by the Owasso_P_ub_lic Works Engineering Division that the 9 request for assistance is not to achieve purely aesthetic enhancement of the basin or surrounding area (i.e., vegetation control, landscaping etc.). PROJECT PRIORTIZATION: Public Works will rate and prioritize each project request utilizing the following set of criteria: Cost Participation by Property Owners - 10 points (max): Points awarded = (70 of property owner funding x 10) Ca acity degradation - 10 points (max): Extent to which the capacity of the basin has been reduced as determined by Public Works Engineering Division. Points awarded = (Estimated % surface area x 10) Erosion - 10 points (maxi: Extent of erosion along the dam or barrier, as determined by the Public Works Engineering Division. Points awarded = (Estimated % surface erosion x 10) Safety - 10 points (max): Degree of safety hazard (Scored by Public Works Engineering Division): a. None = 0 points awarded b. Low = 1 to 3 points awarded c. Medium = 4 to 6 points awarded d. High = 7 to 10 points awarded PROJECT SCOPE: Public Works will have the sole discretion in defining the scope and characteristics of the work necessary in order to bring the private stormwater facility into compliance with the City of Owasso Engineering Design Criteria (Ordinance No. 812). PRIVATE STORMWATER FACILITY MAINTENANCE: In an effort to reduce future maintenance costs and potential flooding risk, the City of Owasso will perform, or cause to be performed, an inspection of the private stormwater detention facility on a bi- annual basis to ensure the property owner or Home Owner's Association is providing adequate maintenance of the detention facility. The City staff will provide notice to the property owner, scheduled date and time of the inspection. show signs of inadequate maintenance, enforcement action. via certified or registered mail, of the Should the stormwater detention facility the City will take appropriate code ADOPTED by the Owasso City Council on the 201h day of September, 2011 ud onebraCe, Mayor