HomeMy WebLinkAbout2006.03.14_City Council Agenda_SpecialTYPE OF MEETING
DATE
TIME
PLACE
Special
March 14, 2006
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 4:00 PM on Friday, March 10, 2006. A
JuV nn M. Stevens,
1. Call to Order
Mayor Thoendel
2. Review of Audit
Ms. Bishop
Attachment #2
3. Presentation of Employee Health Benefits Review
Ms. Dempster
Attachment #3
4. Discussion relating to Grant Applications
Mr. Ray
Attachment #4
A. 2007 Traffic Grant, Police Department
B. Bulletproof Vest Partnership Program, Police Department
C. Assistance to Fire Fighters Grant Program, Fire Department
Assistant
Owasso City Council
March 14, 2006
Page 2
5. Discussion relating to Community Development Department Items
Mr. Ray
Attachment #5
A. Rezoning requests (2)
B. Final Plats request (1)
C. Annexation requests(1)
D. CDBG 03' Closeout (Sidewalk Improvement Program)
E. CDBG 06'Application (Sidewalk Improvement Program)
6. Discussion relating to Fire Department Items
Mr. Ray
Attachment 96
A. Solicitation of Bids for enhancements to SCBA equipment
7. Discussion relating to Public Works Department Items
Mr. Ray
Attachment #7
A. Bid Award - FY 2005-2006 Street Repair Project
B. Engineering Services Agreement, Wet Weather Flow Study
C. Silvercreek Drainage Improvements Project, Gas Utility Relocation
8. Discussion relating to City Manager Items
Mr. Ray
Attachment #8
A. Board and Commission Vacancies (attachment included)
B. Gated Communities (attachment included)
C. The Summitt Addition entrance gate
D. Sales Tax Report
E. FY 06-07 Budget Preparations
9. Adjournment
S.\AgendaSTOLHIC l Work Session\2006\0314.doc
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TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
FINANCE DIRECTOR
DATE: March 10, 2006
The firm of Crawford & Associates, P.C. has provided audit services to the City and its trust
authorities for the past eight years. Mike Crawford will attend the March 14`h Council work
session to present the audit report and to respond to any questions you may have. A copy of the
Annual Financial Statements was distributed with the February 141h Council Work Session agenda.
Mr. Crawford will also present an analysis of the financial statements in a report entitled "The
Performeter." "The Performeter" is intended to provide a rating of the City's overall financial
health and is enclosed with this agenda.
"The Performeter"
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: MICHELE DEMPSTER �
HUMAN RESOURCE DIRECTOR
„
DATE: February 9, 2006
As a response to issues brought up by the City Council during the last budget process, staff will
present the third of a three part overview and discussion of the retirement and health benefits
offered to City employees.
January's work session included a description of the City's current defined benefit retirement
plan and an overview of a report compiled by AON, consulting. The AON report outlined the
differences, benefits and goals of defined benefit plans versus defined contribution plans, as well
as the effect changing from a defined benefit plan to a defined contribution plan would have on
employees. February's work session included a presentation of retirement issues given by a
representative of Oklahoma Municipal Retirement Fund (OMRF). Staff also presented an
overview of our current health coverage at the February work session.
The final presentation in this series will be presented at the March work session and will
conclude with a discussion of organizational goals and objectives for benefits.
ILil INI1M IMI`►i�ill►ti
TO: OR . OR AND CITY COUNCIL
CITY OF O
DATE: 03-02-2006
BACKGROUND:
On March 2, 2006 the Owasso Police Department made application to the Oklahoma
Highway Safety Office (OHSO) for the 2007 Highway Safety Grant. The purpose of this
grant is to provide funding to local law enforcement agencies for initiatives designed to
reduce injuries and fatalities related to traffic collisions in the State of Oklahoma.
The City of Owasso ranks very high in several accident related categories compared to
other jurisdictions within the State. The most recent data available from OHSO indicates
that Owasso ranks #1 in the State for fatalities, #3 for injury collisions, and #5 for speed
related collisions. These findings are based on a ratio of vehicle miles traveled (VMT)
within a jurisdiction. In addition, department staff conducted seatbelt surveys and speed
surveys on City streets. It was determined that over 78% of vehicles were driven in
excess of posted speed limits. Also, the seatbelt usage rate was only 68% compared to
the statewide usage rate of 83%. All these factors were used as justification for the
funding requested in the grant proposal.
To address the above issues, the grant proposal requested overtime funding for special
traffic enforcement shifts. Funding was also requested for the purchase of two
motorcycles that would be utilized for the purpose of traffic enforcement. In addition to
grant overtime and motorcycles the department requested fifteen in -car cameras to assist
with conviction efforts for DUI offenses and other traffic related offenses. The total
amount requested is $158,460.00. It is unlikely that the department will be funded for the
full amount. Any funds awarded are based a reimbursement system which requires that
the department expend the money then request reimbursement from OHSO.
COMMENTS
This is an information only item as the staff intends to proceed with the 2007 Highway
Safety Grant application. If the City of Owasso is a recipient of the grant, an action item
will be placed on the City Council agenda at that time.
lTNTA11 0T
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
DATE: March 2, 2006
BACKGROUND:
In February 2006, the Owasso Police Department applied for grant funding through the
Bulletproof Vest Partnership Program to assist the department in the purchasing of
protective vests during the FY 2006-2007 budget. The vest grant program allows
agencies to apply for up to 50 percent of the cost of any vest approved by the National
Institute of Justice (NIJ).
In addition, the program allows agencies to receive reimbursement on vests purchased
within two (2) years previous to the date of application of the grant. Once again, the
department has submitted its application with a total request of approximately $4,800.00,
of which, approximately $2,400.00 is requested for reimbursement.
COMMENTS:
This is an information only item as the staff intends to proceed with the Vest Grant
application. If the City of Owasso is a recipient of the grant, an action item will be
placed on the City Council agenda at that time.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIRE CHIEF
SUBJECT: DEPARTMENT OF HOMELAND SECURITY
ASSISTANCE TO FIREFIGHTERS GRANT
DATE: MARCH 8, 2006
BACKGROUND:
The Fire Department intends to submit an application to the Department of Homeland
Security Assistance to Firefighters Grant Program (AFG). These grant monies will be
utilized for the purchase of firefighting protective clothing, firefighting equipment, and
training manuals and textbooks on wildland firefighting. The grant application is for
$79,000, 90% of which will be federally funded.
ASSISTANCE TO FIRE FIGHTERS GRANT PROCESS:
Fire departments are able to request grant monies under two categories in the Assistance
to Firefighters Grant (AFG) program (1) to purchase apparatus or (2) to purchase
operations/safety equipment. In the equipment category, the Owasso Fire Department
has chosen to request a wildland firefighting program, where the fire department will
become better equipped and trained at combating fires in the wildland areas, and areas
where residential structures are built in the wildland/urban interface. The choice to
pursue the wildland firefighting program also came as a result of the catastrophic drought
and ensuing federally -declared disaster recently experienced in Oklahoma, to include the
Owasso area.
GRANT FUNDING:
The AFG program requires 10% matching funds from the City, which is included in the
fire department's proposed operating budget for FY 2006-2007.
COMMENTS
This is information only item as the staff intends to proceed with the Assistance to
Firefighters Grant (AFG) application. If the City of Owasso is a recipient of the grant, an
action item will be placed on the City Council Agenda at that time.
TO: • • • ' AND COUNCIL
CITY OF OWASSO
.•
COMMUNITY DEVELOPMENT DIRECTOR
r 1 •' o a' I • 1 :• 1'
DATE® March 7, 2006
The staff has received a request to rezone ten acres from CS Commercial zoning to CG
Commercial zoning (for the western five acres) and CH Commercial zoning (for the eastern five
acres). The property is located 660' south of the intersection of E. 96' Street North and N.
Garnett Road, on the west side of Garnett. The annexation of the property, part of a 20 acre
tract, was approved in December 2005. A general area map is attached for review. The
property is being developed commercially, with a final plat for IBC bank being approved for a
portion of the property on February 13, 2006. The request was made to further facilitate the
development of the property for commercial use, in accordance with a contract between the
property owner, Owasso 20 L.LC and the City of Owasso. The contract between the owner and
the City of Owasso was made to provide right of way for the recent widening of North Garnett
Road.
The property is currently undeveloped, with the IBC bank expected to develop a portion of the
property soon. Property to the north is developing commercially. Land to the east is occupied
by Smith Farms Marketplace. The Faith Lutheran Church sits south of the site. Property to
the west is undeveloped. The subject site is ten acres in size. The property will be served by
municipal water, wastewater, police, fire, and EMS service.
11
• • • 1; • f "
The commercial districts are designed to accommodate a variety of convenience, neighborhood,
and regional shopping centers providing a wide range of retail and personal service uses.
Developments occurring in commercial districts are required to gain site plan approval prior to
obtaining building permits.
The only use difference between CG and CH districts is that wholesale operations must obtain
special exception approval to locate within CG areas, whereas they are permitted by right in CH
areas. There are three bulk and area differences between CG and CH. Lots within CG zones
must be at least 50' wide (150' if located on an arterial), while there is no minimum footage
requirement for CH lots. The floor area ratio for CG developments can be up to 75 %, while
there is no maximum ratio within CH developments. Finally, structures within CG developments
must be located at least 25' from the right of way (50' if located on an arterial), while there is
no required setback from the right of way within CH districts.
awks01Eel W►yjIDIONaU Z�Zy�X
The first step in the development of a piece of property in Owasso is 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.
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 must come in classified for AG Agricultural use.
In order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
The third step in the development of a piece of property in Owasso is 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 typically 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.
Another form of property division that can be considered in some cases is a lot split. Lot splits
are minor subdivisions of property into three or fewer tracts, and do not provide for any new
public streets. Typically, this is an appropriate option for a land owner who wishes to take
large undeveloped parcels of land and divide it into two or three smaller tracts.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans
are reviewed by the TAC and Planning Commission. Issues such as building setbacks,
parking, access, landscaping, and building footprint are presented in the site plan. Once a site
plan is approved, the development is clear to apply for a building permit and to submit
construction plans for the building's foundation, plumbing, electrical system, and HVAC.
The rezoning process is initiated when a property owner submits an application requesting a
change in a property's zoning designation. The property owner must submit an application
indicating the current zoning designation and defining the requested zoning designation. The
application should be accompanied by the zoning fee, an accurate legal description and map
showing the property as well as a certified 300' radius report.
Upon receipt of a complete application the staff will begin the review process by providing
legal notice through the placement of an advertisement of the application in the newspaper,
sending notice letters to property owners within 300' of the subject property and posting a
sign on the property at the point closest to a public road. As staff is soliciting citizen input
from the notification the application will receive an internal review. The internal review
consists of answering three primary questions:
1. Is the requested zoning designation consistent with the Owasso 2015 Land Use
Comprehensive Plan?
2. Is the requested zoning designation the highest and best land use classification for the
subject property?
3. Is the proposed zoning designation consistent with surrounding development?
Based on that criteria staff will formulate a recommendation for the request to forward to the
Owasso Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the requested
zoning change is appropriate and make a recommendation to forward. to the Owasso City
Council.
The Owasso City Council will make the final determination whether or not to rezone the
subject property to the requested classification or a less intense classification. If the zoning
designation is changed by the City Council an ordinance officially declaring the rezoning of the
property is written and adopted by the City Council making the change law.
LEGAL CONSIDERATIONS OF ZONING REQUESTS:
Section 1500 of the Owasso Zoning Code outlines the city' s policy on zoning amendments. The
code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or
to recognize changing conditions in a particular area or in the jurisdictional area. Zoning
changes must be based on two fundamental questions: 1) Does the requested zoning allow a land
use that is appropriate for the subject property, and 2) Is the requested zoning in conformance
with the Owasso Land Use Master Plan?
Development considerations such as traffic, roads, grading, drainage, stormwater detention,
utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At
the platting (and site planning) stage, the Planning Commission, municipal staff, and the
Technical Advisory Committee work with the applicant to solve these types of specific
development concerns.
The majority of this property has yet to progress through the platting and site planning process,
although IBC bank has platted one acre in the southeastern part of the property.
The Owasso 2015 Land Use Master Plan designates the property for commercial use. The
requested zoning designations, CG General Commercial and CH High Intensity Commercial, are
allowed within the master plan' s designation for the property.
If the application is approved, the eastern five acres of the subject property would be zoned CH
Commercial, and the western five acres of the subject property would be zoned CG
Commercial. The property will be developed for commercial purposes, while the western
remainder of the overall 20 acre tract is planned for use as a regional detention facility in the
Owasso Stormwater Master Plan. The staff has received neither phone calls nor
correspondence regarding the request.
KIN
=1`
1. Case map
2. Right of Way contract between Owasso 20, I L C and the City of Owasso
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
[KQZVV-1
THIS AGREEMENT, by and between Owasso 20, LLC, an Oklahoma limited
liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a
municipal corporation, hereinafter referred to as City.
WITNESSETH
I. SALE. In consideration of the sum of Two Hundred Eighty -Six Thousand, Eight
Hundred Eighty and 00/100 Dollars ($286,880.00), 28,688 square feet at $10.00 per
square foot, to be paid by the City to the order of Seller, as hereinafter provided, the
parties have agreed that Seller shall sell, transfer and convey to the City by good and
sufficient special warranty deed the following described real property in Owasso,
Tulsa County, State of Oklahoma, to -wit:
See Exhibit A attached hereto,
together with all improvements thereon and hereditaments and appurtenances there
unto belonging, free and clear of all liens, mortgages, easements, assessments and
encumbrances of every kind and character whatsoever, and to warrant the title to
same by through and under Seller.
2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event
later than April 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to
City a good and special warranty deed in statutory form, conveying to the City all of
said property, free and clear of all taxes, liens and encumbrances. Concurrently with
tire delivery of said deed, Seller shall deliver to City quiet and peaceable possession
of all of said property.
A. Employees, agents or contractors representing the City of Owasso and /or the Owasso
Public Works Authority shall be permitted the right to enter upon the above described
property prior to the Closing of this transaction as above stated to construct a street
and utility relocation project for the Garnett Street Widening Project. The City of
Owasso and/or the Owasso Public Works Authority hereby indemnifies, defends and
holds Seller harmless from and against all cost, loss, expenses and claims (actual or
threatened) incurred by Seller with respect to the work to be performed herein prior to
the Closing;
B. The City hereby assures to Seller that any current or future offite stormwater
detention requirements of the Owasso 7, LLC property referred to as Parcel No. 4 of
the 96`t' and Garnett Road Intersection Improvements Project, as well as the tract of
land owned by Betty Smith from which right of way for the referred to project is also
being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the
back half of Seller's tract subject only to a separate agreement among Betty Smith,
511348.2:225700.01574 l
Owasso 7, LLC and Seller. In conjunction herewith, the City hereby assures to Seller
that the Owasso 7, LLC property and the Betty Smith property may utilize then
existing City storm sewer pipes, box culverts, public rights of way, dedications and
easements granted to the City to enable said properties to access the stormwater
detention facilities on the western half, i.e., the "back" half of Seller's tract, subject
only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller;
C. The City shall, at the City's sole cost and expense, cause the electrical lines east and
parallel to Seller's tract to remain on the eastern side of Garnett Road in the then
existing right of way and parallel to Seller's tract;
D. At the time that Seller designates to the City a predetermined time for the annexation
of Seller's tract, the City, within a reasonable amount of time from such notification,
shall cooperate and support the annexation request as well as cooperate and support a
request from Seller, subsequent to annexation, for a rezoning of Seller's tract to (1) a
combination of Commercial High "CH" and Commercial General "CG" of the east
ten (10) acres of Seller's tract and (2) Residential Multi -Family of the west ten (10)
acres of Seller's tract with developmentally adequate curb cuts;
E. Seller, for no additional consideration, hereby grants unto the City an Option to
Purchase the eleven (11) acres on the western half, i.e., the "back half" (the "Option
Pro e '), to utilize same exclusively as a regional park and stormwater detention
facility for a price of $1,437,480.00 as adjusted upward for the cost of any
improvements paid for by Seller (as adjusted upward, the "Purchase Price"). The
regional park and stonmwater detention facility will accommodate Seller's tract, and
the Owasso 7, LLC and the Betty Smith properties' onsite stormwater detention
requirements, subject only to a separate agreement among Betty Smith, Owasso 7,
LLC and Seller.
In the event the City exercises the Option to Purchase, City, at Seller's request, shall
have an appraisal of the Option Property conducted by an MAIA qualified appraiser
mutually satisfactory to both Seller and City, a copy of which shall be delivered to
Seller for review. In the event Seller and City agree with the appraiser's
determination and the appraised value of the Option Property is higher than the
Purchase Price, Seller and City hereby agree that the amount in excess of the
Purchase Price (the "Excess Amount') shall be deemed to be a "bargain sale" under
the Internal Revenue Code of 1986, as amended, and a tax deductible contribution
made by Seller to City and City shall furnish Seller any appropriate acknowledgement
regarding the Excess Amount to such effect.
In the event the City exercises the Option to Purchase and the City encloses the
earthen channel in a concrete box culvert, the box culvert must be constructed within
the thirty (30) foot wide Stormwater Drainage Easement referred to in Paragraph F.
below. In addition, if the City exercises the Option to Purchase and Seller has
constructed a detention pond to accommodate the properties of Seller, Owasso 7,
LLC and Betty Smith, Seller, Owasso 7, LLC and Betty Smith shall not be (i) charged
s n 39s.2:225700:o 1 s74
any fees by the City, (ii) required by the City to detain any water on -site, or (iii)
required by the City to meet any further detention requirements.
The Option to Purchase may be exercised by the City at any time within five (5) years
from the date hereof by the City giving written notice to Seller of City's intent to
exercise said option. In the event such Option to Purchase is exercised by the City,
Seller and City shall enter into a mutually agreeable contract regarding same within
30 days from the date the Option to Purchase is exercised by the City. The Option to
Purchase granted hereby is not assignable by City without the prior written consent of
Seller or Seller's assignees or successors in interest;
F. Seller, for no additional consideration, shall grant unto the City a Grading Easement
in the form and substance of the Grading Easement being attached hereto as Exhibit
B, to facilitate the construction by the City and utilization by others only with the
written permission of Seller, of an earthen channel on contiguous property owned by
96th & Garnett, L.L.C. The City shall design and construct the earthen channel at its
sole cost and expense. Seller shall reimburse City one-half (1/2) of the cost of the
construction only of the earthen channel up to and not to exceed $40,000 and the
other one-half (1/2) shall be reimbursed by 96th & Garnett, L.L.C. The earthen
channel shall be located along the northern boundary of Seller's tract but located
upon the contiguous land of Wh & Garnett, L.L.C. referred to above. As a
continuing condition of the grant and payment referenced above, the City shall notify
Seller by regular mail of other property owners, within the same drainage basin as
Seller's tract is located, processing with the City any developmental plat. The
determination of what real property is located within the same drainage basin as
Seller's tract shall be made by the City referencing and utilizing the then most current
Federal Emergency Management Agency (FEMA) floodplain and floodway maps
applicable to the City of Owasso, Tulsa County, Oklahoma. The City shall provide
such notification to Seller at the inception of the City's receipt for processing of a
proposed Preliminary Plat from a Iandowner, or his/her representative, of property
within the same drainage basin as Seller's tract. The City shall enforce and hereby
assures to Seller that no post development water shall be placed in the earthen
channel without Seller's prior written permission and that all post -development
access to the earthen channel shall be restricted by the City unless such permission is
granted by Seller in writing. A condition precedent or co -existent to the obligation of
Seller to grant the above referenced Grading Easement as well as the agreement to
bear one-half (1/2) of the cost of the construction by the City of the earthen channel,
is the agreement on the part of 96"' & Garnett, L.L.C. with the City to grant an
unrestricted thirty �30) foot wide Stormwater Drainage Easement on the southern
boundary of the 96 & Garnett, L.L.C. property which is contiguous to the north of
Seller's tract;
G. The City hereby acknowledges and agrees that the floodplain located on the 96th &
Garnett, L.L.C. property adjacent to Seller's tract has been filled in and no longer
reflects the condition as mapped by the current FEMA maps of the 96th & Garnett,
L.L.C. property. The City further acknowledges and agrees that compliance by the
511398.2:225700:01574
96th & Garnett, I,.L.C. property with any on -site detention and floodplain
requirements of the City shall not be met unless the floodplain on the 96th & Garnett,
L.L.C. property is analyzed per the conditions of the existing FEMA maps; and
H. The City agrees that Seller may designate prior to Closing that this transaction shall
be conducted as a Section 1031 Exchange under the Internal Revenue Code of 1986,
as amended, provided that Seller pay all costs associated with the Section 1031
Exchange and the Closing is not delayed. If Seller elects such option, the City shall
cooperate with Seller to effect the Section 1031 Exchange. All costs and expenses in
connection with such Section 1031 Exchange shall be the responsibility of Seller.
Seller shall indemnify the City from and against any and all loss, liability, damage,
cost or expense suffered or incurred by the Section 1031 Exchange and such
indemnity shall survive the Closing.
The provisions of Section 3 shall survive the Closing of this transaction.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this day of MAACX , 2005.
SELLER: Owasso 20, LLC
By:
21��-
Jo6p,C. Bumgalner, V., Manager
OF 0- CITY: City of Owasso, Oklahoma
�s
h� m
OFFICIAL
SEAL
---
o 4AHOOP' Susan Kimball, Mayor
Attest:
511398.2:225700:01574
Exb ibit A
Legal Description
(OWASSO 20, LLC - ADDITIONAL GARNETT R/W)
A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE
EASTERLY 60.00' OF THE S/2 OF THE NE/4 OF THE NEA OF SECTION 19,
T-21-N, R-14-E OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE/4 OF THE
NEA OF SAID SECTION 19; THENCE N 89°59'19" W ALONG THE NORTHERLY
LINE THEREOF FOR 16.50' TO THE "POINT OF BEGINNING" OF SAID TRACT
OF LAND; THENCE S 00°05'04" E AND PARALLEL WITH THE EASTERLY LINE
OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE
S/2 OF THE NEA OF THE NEA; THENCE N 89°58'53" W ALONG SAID
SOUTHERLY LINE FOR 43.50% THENCE N 00°05104" W AND PARALLEL WITH
AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF
SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2
OF THE NEA OF THE NFA; THENCE S 89o59'19" E ALONG SAID NORTHERLY
LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND.
511398 2:225700:01574 5
Exhibit B
Grading Easement
511348.2:225700:01574
Grading Easement
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned Owasso 20, LLC, an Oklahoma Iimited liability company
(hereinafter called "Grantor"), the owner of the legal and equitable title to the following
described real estate situated in Tulsa County, State of Oklahoma, for good and valuable
consideration, acknowledgement thereof being made hereby, does hereby grant and
convey unto the City of Owasso, Oklahoma (hereinafter called "City"), a grading
easement with the right to erect, construct, install, and thereafter use, inspect, repair,
maintain, replace, and remove through, over, under and across the following described
property, situated in said county, to wit:
See Exhibit A
(hereinafter the "Grading Easement Tract").
This Grading Easement is hereby established by grant of the Grantor as a non-
exclusive easement for the purpose of permitting construction of an earthen channel on
lands contiguous to Grantor's land as well as providing for continuous bank stabilization
and erosion control, and the Grantor, for itself and its administrators, successors, or
assigns, covenants and agrees that, except as provided in this Grading Easement, (i) no
fence, wall, building, structure, or other obstruction will be placed, erected, installed, or
permitted upon the Grading Easement Tract, and (ii) there shall be no alteration of the
grades or contours in the Grading Easement Tract, which will violate the Federal
Emergency Management Agency (FEMA) floodplain and floodway maps applicable to
the Grading Easement Tract. Grantor further covenants and agrees that in the event the
terms of this paragraph are violated by the Grantor, or its assigns or successors in interest,
such violation will be corrected and eliminated within 30 days of receipt of notice from
the City, its successors or assigns, or the City shall have the right to correct and eliminate
such violations, and the undersigned, its assigns, or successors in interest shall promptly
pay the actual cost thereof.
Notwithstanding anything to the contrary contained in this Grading Easement, this
Grading Easement and the rights created hereunder are not exclusive, and Grantor and its
successors and assigns may (a) grant, convey or confer any similar or other easement on,
over or across the Grading Easement Tract for the benefit of others, in its sole discretion
and without the approval of the City, provided that such grant or conveyance shall not
interfere with the rights granted to City in this Grading Easement, (b) construct, erect or
install fences, walls, buildings or other structures upon the Grading Easement Tract, and
(c) alter the grades or contours in the Grading Easement Tract, so long as the items set
forth in (a), (b) or (c) do not violate the Federal Emergency Management Agency
(FEMA) floodplain and floodway maps applicable to the Grading Easement Tract.
It is further understood and agreed by the City that any excavated fill generated by
the grading of the earthen channel shall at all times remain on Grantor's land.
It is further understood and agreed by the City that if and in the event the earthen
channel erected, constructed, installed, laid and thereafter used, inspected, repaired,
maintained, or replaced in the area that is contiguous to the Grading Easement Tract
herein provided shall ever, for any reason, (a) be abandoned by the City, its successors or
assigns, or (b) be enclosed in a conveyance system, then in any of such events, this
Grading Easement shall revert to the heirs, assigns, administrators or successors of the
Grantor.
Grantor hereby warrants title to said land, and agrees to defend the title thereto
unto City, against any and all persons claiming same by, through or under Grantor, but
not otherwise.
514222.3:225700:01574
The terms and conditions of this Grading Easement shall be binding upon and
inure to the benefit of the parties hereto and their respective assigns, or successors in
interest.
IN WITNESS REOF, the Grantor herein named has hereunto set its hand
and seal this'X= day of _, 2005.
Grantor: Owasso 20, LLC
By: C— —
Jo C. Bumgarner, Ji ., Manager
STATE OF OKLAHOMA)
) ss:
COUNTY OF TULSA )
Bef me, the u *knwn
a 1� otary Public within and for said County and State,
on this 7 day ofe k _1 2005, personally appeared John C.
Bumgarner, Jr., to n 'elo be the identical person who executed the within and
foregoing instrument in writing and acknowledged to me that he executed the same as his
fi•ee and voluntary act and deed on behalf of Owasso 20, LLC for the uses and purposes
therein set forth.
IN WITNESS WHEREOF, I have hereunto set my h and affixed my official
seal the day and year last above written.
i
Not y Pu c /
My Commission Number: OLb L 663 L
M} Comr3ission Expires: - /]�
514222.3:225700:01574 2
¢ t- �q
Accepted this day of_ A C[-f 2005.
o� o4, CITY OF OWASSO, OKLAHOMA
OFFICIAL O By
�''�� Susan Kimball, Mayor
AHONAP
ATTEST:
By: A&0 94M
Sh&Ty Bislf6p, City Clerk
STATE OF OKLAHOMA)
)ss:
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public within and for said County and State,
on this I 'S"day of AA (L}-L C-t-- , 2005, personally appeared Susan Kimball and
Sherry Bishop to me well known to be the identical persons who executed the within and
foregoing instrument in writing and acknowledged to me that they executed the same as
their free and voluntary act and deed on behalf of the City of Owasso, Oklahoma, for the
uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
My Commission Number: Ccc (�( 331
My Commission Expires: 1 1 �a!;-
514222.3:225700:01574
Ci L
Not y Public
Exhibit A
A TRACT OF LAND THAT IS PART OF THE SOUTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER (S/2 NEA NE/4) OF SECTION
NINETEEN (19), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN
(14) EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NEA OF THE
NEA OF SAID SECTION 19; THENCE N 89°59'19" W ALONG THE NORTHERLY
LINE OF THE S/2 OF THE NEA OF THE NEA FOR 60.00' TO THE VOI NT OF
BEGINNING" OF SAID TRACT OF LAND; THENCE S 00°05'04" E AND
PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 20.00% THENCE
N 86010'30" W FOR 300.70' TO A POINT ON THE NORTHERLY LINE OF THE S/2
OF THE NEA OF THE NE/4; THENCE S 89°59'19" E ALONG SAID NORTHERLY
LINE FOR 300.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND.
514222.3:225700:01574
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
f •
COMMUNITYDEVELOPMENT DIRECTOR
SUBJECT: OZ-06-02, A REQUEST FOR REZONING OF 3 ACRES LOCATE—P
SOUTH OF E. 96TH STREET NORTH, ON THE EAST SIDE OF
DATE: March 7, 2006
The staff has received a request to rezone ten acres from AG Agricultural zoning to CS
Commercial. The property is located south of E. 96"' Street North on the east side of N. 122"d
East Avenue, immediately northeast of the Smith Farm Marketplace. A general area map is
attached for review. The property is proposed to develop commercially, and the staff expects to
receive applications for plat and site plan approvals within the next several weeks.
9:Z•7 0i.7i
The property is currently undeveloped. Property to the northeast is occupied by the Owasso
"Ram" water tower and the Owasso Land Building. The Owasso Expressway lies to the
southeast. The Smith Farm Marketplace is situated southwest of the site, and Oklahoma
Natural Gas is located to the northwest. The subject site is three acres in size. The property
will be served by municipal water, wastewater, police, fire, and EMS service.
The commercial districts are designed to accommodate a variety of convenience, neighborhood,
and regional shopping centers providing a wide range of retail and personal service uses.
Developments occurring in commercial districts are required to gain site plan approval prior to
obtaining building permits.
The first step in the development of a piece of property in Owasso is 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.
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 must come in classified for AG Agricultural use.
In order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
The third step in the development of a piece of property in Owasso is 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 typically 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.
Another form of property division that can be considered in some cases is a lot split. Lot splits
are minor subdivisions of property into three or fewer tracts, and do not provide for any new
public streets. Typically, this is an appropriate option for a land owner who wishes to take
large undeveloped parcels of land and divide it into two or three smaller tracts.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans
are reviewed by the TAC and Planning Commission. Issues such as building setbacks,
parking, access, landscaping, and building footprint are presented in the site plan. Once a site
plan is approved, the development is clear to apply for a building permit and to submit
construction plans for the building's foundation, plumbing, electrical system, and HVAC.
REZONING REVIEW PROCESS
The rezoning process is initiated when a property owner submits an application requesting a
change in a property's zoning designation. The property owner must submit an application
indicating the current zoning designation and defining the requested zoning designation. The
application should be accompanied by the zoning fee, an accurate legal description and map
showing the property as well as a certified 300' radius report.
Upon receipt of a complete application the staff will begin the review process by providing
legal notice through the placement of an advertisement of the application in the newspaper,
sending notice letters to property owners within 300' of the subject property and posting a
sign on the property at the point closest to a public road. As staff is soliciting citizen input
from the notification the application will receive an internal review. The internal review
consists of answering three primary questions:
1. Is the requested zoning designation consistent with the Owasso 2015 Land Use
Comprehensive Plan?
2. Is the requested zoning designation the highest and best land use classification for the
subject property?
3. Is the proposed zoning designation consistent with surrounding development?
Based on the above criteria, staff will formulate a recommendation for the request to forward
to the Owasso Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the requested
zoning change is appropriate and make a recommendation to forward to the Owasso City
Council.
The Owasso City Council will make the final determination whether or not to rezone the
subject property to the requested classification or a less intense classification. If the zoning
designation is changed by the City Council an ordinance officially declaring the rezoning of the
property is written and adopted by the City Council making the change law.
Section 1500 of the Owasso Zoning Code outlines the city' s policy on zoning amendments. The
code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or
to recognize changing conditions in a particular area or in the jurisdictional area. Zoning
changes must be based on two fundamental questions: 1) Does the requested zoning allow a land
use that is appropriate for the subject property, and 2) Is the requested zoning in conformance
with the Owasso Land Use Faster Plan?
Development considerations such as traffic, roads, grading, drainage, stormwater detention,
utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At
the platting (and site planning) stage, the Planning Commission, municipal staff, and the
Technical Advisory Committee work with the applicant to solve these types of specific
development concerns.
ANALYSIS:
The Owasso 2015 Land Use Master Plan designates the property for commercial use. The
requested zoning designation, CS Commercial, is allowed within the master plan' s designation
for the property.
If the application is approved, site will be zoned CS and will develop for commercial purposes.
The staff has received neither phone calls nor correspondence regarding the request.
• 1.LEM
The staff intends to recommend approval of OZ-06-02.
1. Case map
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CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: FINAL PLAT
TY,J,,'.kfLT " G 5
DATE: March 7, 2006
The staff has received a request to approve a final plat for Tyann Plaza IV, a proposed one -lot
commercial subdivision containing 39,319 square feet. The property is located on the south
side of E. 961h Street North, just north of the Dome Depot. The final plat and a general
development plan for the entire Tyann Plaza development are attached with this memorandum.
The property is approximately 0.9 acres in size and is zoned CS (Commercial Shopping). The
subject property is undeveloped. E. 96`h Street North and the Owasso Expressway occupy the
land north of the site. Property to the east and to the south is zoned CS and is developed for
commercial purposes such as the Home Depot. The remainder of the Tyann Plaza development
and the Owasso Expressway are situated west and southwest of the property.
The four primary steps in the development of commercial property in Owasso include
annexation, zoning, platting, and site planning.
The third step in the development of property is platting. A preliminary plat is required for
any development that proposes to divide land into two or more lots, while preliminary plats are
not required for one -lot subdivisions. 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 platting stage and must
be remedied prior to development.
After the plat has been reviewed by the City and various utility companies, construction plans
for the development's infrastructure are typically 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.
The applicant is requesting this review in order to facilitate commercial development on the
single lot. The subject property is zoned CS Commercial Shopping Center District.
According to the City of Owasso Zoning Code, uses allowed in CS districts include offices,
studios, restaurants, convenience stores, shopping centers, service stations, etc. A preliminary
plat for the project is not required.
Regional stormwater detention has been provided for this development - this lot represents
2.98 % of the property that is accommodated by the detention facility. Bulk and area
requirements have been met as have access requirements. Water will be provided by the City
of Owasso. No sewer payback fees will be required of this plat. The storm siren fee of $16
per acre will be required at the time the plat is approved by the City Council.
Because of the 100' wide PSO easement that crosses a large portion of the property, the
owner is also asking for a variance to allow a 30' front setback instead of a 50' front setback.
The staff is supportive of the request, and the Board of Adjustment will consider the request at
their March 28 meeting.
The Technical Advisory Committee reviewed the Final Plat at their February 22, 2006 regular
meeting. At that meeting, utility providers and city staff were afforded the opportunity to
comment on the application and request any changes or modifications. The TAC' s
recommendations are attached with this memorandum and are listed as follows:
Correct eg . description. It should read east, not
paragraph of Deed of Dedication.
* Property .9
* Label properties ,, the east
* There are rounding errors on the legal description on traverse.
Show adjacent
s� W
The staff intends to recommend approval of the Tyann Plaza IV final plat.
ATTACHMENTS:
1. Final Plat
2. TAC requirements
Deed of Dedlcatl—
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A PART OF THE NORTHEAST QUARTER (NE/4) OF SECTION 20
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AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA
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SURVEYOR:
D. COSS & ASSOCIATES, LLC
P.O. BOX 216
COLLINSVILLE, OK 74021
(918) 371-D096
Certificate of Authorization No. 3932
Renewal Date: June 30, 2007
OWNER / DEVELOPER:
TYANN DEVELOPMENT CO., INC.
PO BOX 397
OWASSO, OK 74055
(918) 274-OS17
ENGINEER
KELLOGG ENGINEERING, INC.
6755 SOUTH 4060 ROAD
TALALA, OKL6HOMA 74080
2
18> 275-40BD
Certificate of Authorization No. 2768
Renewal Date: June 30, 2007
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CERTIFICATE OF FINAL PLAT APPROVAL
TYANN PLAZA IV
JANUARY 1, 2006
� 8 e I
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ANNEXATION — (OA-06®03)
DATE: March 9, 2006
I C s�G:Zlj'.ZIli1►i1
The City of Owasso has received a request to review and approve the amnexation of
approximately 25 acres, located at the northwest corner E. 106th Street North and N. 161" East
Avenue. The property is currently undeveloped. A general area map has been attached for
reference.
Properties north, south, east, and west of the property are large lot single-family in use. The
subject property is currently zoned AG Agricultural by Rogers County.
The first step in the development of a piece of property in Owasso is 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 and fire protection, refuse collection,
and sanitary sewer.
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 must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is 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.
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The applicant must submit as part of the request a signed petition requesting the annexation, an
accurate legal description and map of the property being requested for annexation and a certified
300' radius report so that staff may send legal notices to surrounding property owners.
Upon receipt of all appropriate materials the staff initiates the review process which begins with
a thorough analysis of the request. The primary consideration is the property's compliance with
the Owasso Annexation Policy. The policy establishes a set of guidelines that define which
properties are considered for annexation.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will make the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted the ordinance is circulated
to appropriate regional and national agencies for recording and altering maps.
The staff received the annexation request from Mr. Denny Woolman and Joseph McGraw, the
owners of the 25 acres at the northwest corner of East 106th Street North and North 161s' East
Avenue. The property would be made contiguous to the city limits by including the right-of-way
of East 106th Street North with the annexation. It is the staff s understanding that the owner's
intent is to begin a process that will result in the development of the property for residential
single-family purposes, with the portion of the property located on the immediate corner of the
intersection to be reserved for future commercial use. The request is consistent with the Owasso
2015 Land Use Master Plan.
At this time, a change in zoning has not been requested and the future design of the property is
not yet known.
If the property is annexed into the City of Owasso, the applicant will be required to follow
normal development procedures which would include rezoning, preliminary and final plat
review. If annexed, 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 proscribed by Public Works including but not limited to paved streets
and sidewalks. The site has conformed to all City of Owasso requirements and has been
approved for development. The property will be served water and sewer by the City of Owasso.
The applicant has been notified that the property would be required to pay $2,580 per acre for
wastewater payback fees and $16 per acre for storm siren fees. These fees would be due at the
time a plat is filed for the property.
The staff has published legal notice of the annexation petition in the Owasso Reporter and letters
of notification were mailed to property owners within a 300' radius.
OWASSO ANNEXATION COMMITTEE:
The Owasso Annexation Committee considered the request at their meeting on February 22,
2006. At that meeting, the committee unanimously voted to recommend approval of the
annexation request.
The staff intends to recommend approval of OA 06-03.
ATTACHMENTS:
1. General area map
2. Applicants' annexation request
IV
t
Owasso Community
Development Department
I I I N. Main St,
Owasso, OK 74055
918.376,1500
918.376.1597
www.cityofowasso.com
January 23, 2006
Mr. Rodney J. Ray
City of Owasso
City Manager
P.O. Box 180
111 North Main
Owasso, Ok. 74055
Dear Mr. Ray:
We are herein requesting that the City of Owasso annex the 25 acre tract that
Prestige Pond LLC owns at the Northwest corner of 106"' Street North and 161s` East
Avenue (See attached legal description).
1f we may be of further assistance please feel free to contact us at your
convenience.
G.
Denny Voolman
2106 South Atlanta Place e Tulsa, OK 74114 • (918) 592-6000 o FAX (918) 749-2310
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
CJZJECT: CDBG CLOSEOUT
SIDEWALK'' •' PROGRAM 1
DATE: March 8, 2006
I �s�•I:l-liZ•Ti1► 1
By virtue of its size, the City of Owasso receives Community Development Block Grant (CDBG)
funds each year, contingent upon the approval of the grant application that the City must make
yearly. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its
" Small Cities set -aside program". For the FY ' 03 CDBG project, the City used this money to
improve sidewalks in an area between E. 76`h Street North and E. 86`h Street North, from
Highway 169 west to Atlanta Street. For that project year, the grant amount totaled $67,132.
The FY ' 03 project saw the completion of sidewalk construction, sidewalk repairs, ADA ramp
construction, and the elimination of tripping hazards. The work was performed along several
streets in the target area.
The total cost of the 2003 project was $134,264. $67,132 of this cost was covered by the grant,
and $67,132 was paid by the City as the matching requirement.
The FY ' 03 CDBG project has been completed. Now, closeout documents for the project need
to be prepared and submitted to ODOC. In order to make the submittal official, the City Council
must authorize the completion of the closeout documents and authorize the Mayor to execute
them.
A final requirement for the closeout of the FY ' 03 project is that the City Council hold a public
hearing to invite and hear any citizen comments regarding the work that was performed under the
grant.
RECOMMENDATION:
The staff intends to recommend Council authorization of the completion and execution of all
closeout documents related to 10997 CDBG 03, Small Cities Grant for transmittal to the
Oklahoma Department of Commerce.
Further, the staff intends to recommend that the Council hold a public hearing to invite citizen
comment on the work that was completed under the 10997 CDBG 03 grant.
1. Map showing sidewalk improvements accomplished under CDBG 03
SIDEWALK REPAIRS
I
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TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
COMMUNITY DEVELOPMENT
2006LETTER OF INTENT -
DATE: March S, 2006
By virtue of its size, the City of Owasso receives around $66,000 in Community Development
Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that
the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these
funds as part of its " Small Cities set -aside program". So far, the City has used this money to
improve sidewalks in the downtown area, as well as to construct a restroom at the skate park.
The City of Owasso has begun the process of applying to ODOC for funding under the State' s
FY-06 CDBG program. The amount of funding is estimated to be around $66,000. To receive
this funding, the City must submit a letter of intent to ODOC announcing that the City is
proceeding with efforts to secure grant funds for 2006.
Should the funding be awarded, there would be a match requirement. The City would have to
commit an amount of money equal to the grant funds, likely bringing the total allowable project
cost to around $130,000.
Annual CDBG funds can be used for a variety of projects within the eligible neighborhoods of
the community. A map showing the eligible area is attached with this memorandum. Generally,
the area currently includes census blocks located south of E. 76" Street North, northeast of Elm
Creek and southeast of the Owasso Expressway/ E. 86`h Street North interchange, and in the
Main Street area south of Fourth Street.
It should be noted that additional areas were included in previous CDBG projects (such as the
Main Street area North of Fourth Street), and could be included in future CDBG projects, but for
each project that affects those areas, a new income survey must be performed. Thus, that area is
not shown as being included in the Census blocks that are eligible for funding.
TYPES OF PROJECTS ELIGIBLE FOR FUNDING:
Two general types of projects are eligible for CDBG funding - community development projects
and economic development projects. Examples of community development projects include
sidewalks, street improvements, and projects that increase handicapped accessibility to
community facilities. Examples of economic development projects include waterlines and
sewerlines. The previous two CDBG projects provided funding for the Skatepark restroom and
the Three Lakes Village street repairs.
To provide direction for using the grant funds for the ' 06 project, staff members from Public
Works and Community Development met at various times to consider several project options.
Eleven general project options were evaluated.
Considering the amount of grant money available and the areas of the community that are eligible
for funding, the staff finds that the most pressing CDBG need for Owasso is to continue the
sidewalk construction program. Attached with this memorandum is a spreadsheet showing
sidewalk projects for the downtown area, Ator Heights, and Three Lakes among other areas that
are programmed through five years.
The staff proposes that, for the upcoming fiscal year, the following downtown locations should
be included in the sidewalk construction program:
1. E. 76`h Street North in front of Public Works (north side)
2. 3`d Street, Beaumont to Main (south side)
3. 3'd Avenue, Main to Birch (both sides)
4. Cedar, E. 76`h Street North to 4th Avenue
5. Dogwood, E. 76`h Street North to 4`h Avenue
Since the sidewalk repairs are deemed to serve the residents of downtown, and also be directly
beneficial to residents of the census block, an income survey of the affected residents would not
be required to determine whether the project is eligible to receive grant funds.
Two actions are required of the City Council in order to initiate the CDBG process for the ' 06
project year. First, the Mayor must sign a letter of intent to ODOC informing the agency of the
City' s intention to apply for grant funds. Second, a public hearing must be conducted by the
City Council to receive citizen comments on the CDBG program.
The staff intends to recommend that the Council authorize the Mayor to sign the letter of intent,
and that the Council conduct a public hearing to receive citizen comments on the CDBG
program.
l . Map of project eligible neighborhoods
2. Spreadsheet outlining five-year program of proposed sidewalk improvements
City of Owasso
Low & Moderate
Income Areas
By Year 2000
Census Block Groups
Graup
Census Z
Number
Number
• t
Percent Law -Mod
Less than 51.00%
51.00% or Greater
Owasso Corporate Limits
Streets
v
Prepared by 1NCOG
ApH12003
Date Source: w .hutl.gov
0 1 2 Miles
CAPITAL STREETS PROJECTS - SIDEWALKS
Description 5 Year Total Program Year
FY06-07 FY07-08 FY08-09 FY09-10 FY10-11
Comments
Work Orders - sidewalk, curb & gutter repairs (800) $ 8,000
Material cost only - Work done by PW staff
CDBG:
Downtown - 76th St N in front of Public Works $ 21,000.00 $ 21,000.00
Downtown - 3rd St, Beaumont to Main (South side) $21,350.00 $21,350.00
Downtown - 3rd Ave, Main to Birch (Both sides) $23,100.00 $23,100.00
Downtown - Cedar, 76th St N to 4th Ave $21,525.00 $21,525.00
Downtown - Dogwood, 76th St N to 4th Ave $56,700.00 $37,700.00
Downtown - Birch, 4th to 3rd (Both sides) $47,250.00 $47,250.00
Downtown - Ash, 4th to 3rd (Both sides) $44,800.00 $44,800.00
Downtown - Section 30 Sidewalk Repairs $20,000.00 $20,000.00
Downtown - Section 31 Sidewalk Repairs $20,000.00 $20,000.00
Elm Creek - Section 29 Sidewalk Repairs $20,000.00
$20,000.00
Three Lakes - Section 29 Sidewalk Repairs $20,000.00
$20,000.00
Three Lakes - West Side of 123rd E Ave, South of 86th St N $10,000.00
$10,000.00
Three Lakes -123rd E Ave, West of Bridge. $10,000.00
$10,000.00
123rd E Ave - West of First Baptist Church $10,000.00
$10,000.00
Downtown - 86th St, Elm to Garnett (South side) $8,400.00
$8,400.00
CDBG Survey needed
Downtown - Owasso Expwy, 8th to 4th (West side) $51,625.00
$51,625.001
CDBG Survey needed
Downtown - 4th St, Main to Cedar (North side) $28,875.00
$28,875.00
CDBG Survey needed
Downtown - Birch, 6th to 4th (Both sides) $45,150.00
$45,150.00
CDBG Survey needed
Downtown - 4th St, Ash to Atlanta (South side) $25,200.00
$25,200.00
CDBG Survey needed
Downtown - 5th St, Main to Birch (South side) $18,200.00
$18,200.00
CDBG Survey needed
Downtown - 8th St, Ash to Birch (North side) $10,765.00
$10,765.00
CDBG Survey needed
Downtown -11th St, Ash to Birch (South side) $10,675.00
$10,675.00
CDBG Survey needed
Ator Hts - 20th St, Atlanta Ct. to N Main St $19,775.00
$19,775.00
Outside boundary
Ator Hts. - 22nd St, Ator to N Garnett Rd. $33,250.00
$33,250.00
1 Outside boundary
Ator Hts. - 24th Ct. to Lot 22, Bik 3, Ator IV $6,650.00
$6,650.00
Outside boundary
Ator Hts. -19th St to Lot 18, Blk 2, Ator 11 $8,050.00
$8,050.00
Outside boundary
Ator Hts. - Main St to Lot 5, Blk 10, Ator 11 $2,450.00
$2,450.00
Outside boundary
Ator Hts. -19th St at Garnett Rd. $18,025.00
$18,025.00
Outside boundary
Ator Hts. -16th St at Garnett Rd. $17,850.00
$17,850.00
Outside boundary
Ator Hts. - Dogwood St Cul-de-sac,16th to "17th`° $19,425.00
$19,425.00
Outside boundary
Three Lakes - End of 120 E Ave. $7,350.00
$7,350.00
Outside boundary
Three Lakes - 90th St N, East of 121st E Ave $9A25.00
$9,625A0
Outside boundary
77th PI. N - South side of Elm Creek Park $10,000.00
$10,000.00
Outside boundary
Camden Park - E 92nd ST N near 13210 (Both Sides) $20,000.00
$20,000.00
Outside boundary
Three Lakes - Section 20 Sidewalk Repairs $10,000.00
$10,000.00
Outside boundary
Ator Heights - Section 19 Sidewalk Repairs $10,000.00
$10,000.00
Outside boundary
Sidewalk Projects Sub -Total $ 724,066 $ 132,676 $ 132,060
$ 130,025 $ 138,866 $ 192,460
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM:B., 11 K. CLARK
FIRE CVIEF
REQUESTING
1
:A UPGRADE AND ALTERATIONS
F• 1F6.
BACKGROUND:
In the interest of effective emergency response, the staff will be soliciting bids from
qualified vendors to install enhancements to all fire department owned self-contained
breathing apparatus (SCBA) in order to upgrade them to current industry standards,
including the capability to operate in environments containing Chemical, Biological,
Radiological, and Nuclear (CBRN) atmospheres. The FY 2005-2006 operating budget
provides funding for these necessary upgrades and alterations.
COMPETITIVE BIDDING:
Bidding packets were mailed to three potential vendors on March 9, 2006 with a bid
opening scheduled for March 30, 2006 at 10:00am. Vendors who submit bids on this
project must be qualified by the equipment manufacturer (Scott) to perform this type of
post -manufacturing work to avoid compromising the operation of the device or the
warranty.
Subsequent to a review of all bids received, the staff intends to include an item to request
action by the City Council to award a bid on the April 4, 2006 regular City Council
agenda.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA Ca STAGG,
PUBLIC WORKS OR
i
4
SUBJECT: BID AWARD FOR
FY 2005-2006 STREET REPAIR PROJECT
DATE: March 6, 2006
In 2002, Public Works Department Engineering Division staff compiled street data pertaining to
needed repairs to develop a comprehensive street repair program. Residential streets throughout
the entire city were inventoried and evaluated using a street management computer program.
Sites identified for repair were prioritized ranging from low, moderate to high priority. In May
2004, this inventory was revised, updated and refined. At that time, nearly 200 sites were rated as
high priority (see Attachment A).
In June 2005, Council approved production of complete bid documents for the FY 2005-2006
Street Repair Project. As part of the FY05-06 Street Repair Project, ten (10) of the highest rated
sites were advertised for repair by contract (see Attachment B). The Engineering Estimate
prepared by Public Works staff in January 2006 was $80,819.44 (base bid only). The next six
(6) highest rated sites were included in this bid as individual alternates (See Attachment A for all
16 locations). The Engineers Estimate for these six (6) alternates totaled $64,397.22. The
Engineer's Estimate of total project cost — base bid and alternates — was $145,216.66.
ANALYSIS OF BIDS:
Notice to Bidders was published in the Owasso Reporter on February 7, 2006 along with fax
notifications sent directly to twenty-three (23) local contractors. Bids were opened on February
27, 2006 with three (3) local contractors submitting the following bids (base bid and alternates):
Magnum Construction, Inc. (Broken Arrow) $ 98,536.00
Tri-Star Construction (Claremore) $ 121,525.00
APAC-Oklahoma (Tulsa) $ 122,189.00
A complete tabulation of unit prices and alternates is included as Attachment C.
Page 2
Bid Award For
FY 05-06 Street Repair Project
Magnum Construction, Inc. submitted the apparent low bid of $98,536.00. Engineering Division
staff examined the submitted bid package and no omissions or errors were discovered. Magnum
Construction, Inc. has successfully completed work for the city and was the contractor for the FY
2004-2005 Street Repair Project.
PROJECT FUNDING:
Funds for this project are included in the FY05-06 Streets Division Capital Outlay budget (Line
Item 01-300-54213). A total of $106,223.45 is presently available in the budget.
RECOMMENDATION:
The staff intends to recommend Council award the FY05-06 Street Repair contract to Magnum
Construction, Inc. of Broken Arrow, Oklahoma in the amount of $98,536.00
ATTACHMENTS
A. Priority Listing
B. Street Repairs FY 2005-2006 Map
C. Bid Tabulation
Public Works Department
301 West 2"d Avenue
P.O. Box 180
Owasso, OK 74055
Priorit Location OCI
Main Street 31
2
Main Street
31
3
Owasso Expressway
42
4
Owasso Expressway
44
5
Owasso Expressway North
45
6
E 83rd St
45
7
E 90th St
46
8
E 90th St
46
9
N 121 st E Ave
47
10
N 121 st Ct
47
11
W 3rd St
47
12
W 3rd St
47
13
E 80th PI
48
14
Dogwood
50
15
N 125th E Ave
50
16
N 126th E Ave
50
17
4th St
50
18
E 83rd PI N
50
19
N 121st E Ave
50
20
N 125th E Ave
51
21
N 125th E Ave
51
22
E 83rd St N
51
23
E 80th St N
51
24
9th St
51
25
9th St
51
26
N 118th E Ave
52
27
E 80th St N
52
28
1st Ave
52
29
Birch St
52
30
Birch St
52
31
N 1 12th E Ave
53
32
N 121 st E Ave
53
33
16th St
54
34
E 89th St N
54
35
E 89th St N
54
36
N 117th E Ave
54
37
N 117th E Ave
54
38
E 120th Ct N
55
39
N 121 st E Ave
55
40
N 121 st E Ave
55
41
N 121 st E Ave
55
42
N 121 st E Ave
55
43
N 124th E Ave
55
i
Deficiency
2It . l .. _ �.
(918) 272-4959
FAX (918) 272-4996
Rutting, 7x17, 7x17, 7x55, 4x5, 5x12 ,5x9, 6x40, 4x7, 6x16,
6x15, 12x28
Rutting, l lx51, 2x3, 7x9, 4x9, 6x8
Rutting, 8x17
Rutting, 5x33, 5x45, 400, 6x65
Rutting, Advanced Cracking, 12x7, 8x40
Rutting, 7x30
Rutting, 8x23, 4x10, 23x37
Rutting, 8x24, 1Ox17, 6x30,12x24
Rutting, 11x22, 12x13
Rutting, Advanced Cracking, 12x10
Rutting, Advanced Cracking, 1 Ox72, 4x28
Rutting, Curb Failure, 5x158, 3x23, 3x56
Rutting, Curb Failure, Advanced Cracking, 9x40, 23x40, 3x15,
6x10, 9x67
Severe Rutting, 8x20
Utility Trench Failure, 4x17
Rutting, Advanced Cracking, 12x17, 11xl l
Edge Rut, 7x15
Potholes 5x5, 4x5
Rutting in culdesac 3x45
Pothole (2x5)
Rutting 3.5x31, 5x50, 3x15
Pothole (lOx2)
Pothole (3x3)
Advanced Cracking, Multiple Potholes 12x86
Rutting 5xl 1
Advanced Cracking 8x8
Rutting a Intersection 3x24
Alligator Cracking 5x13, 5x15,15x15
Advanced Cracking 7x40, 1006, 800, 19x29
Alligator Cracking 13x6
Advanced 8c Alligator Cracking 4x8, 12x15
Potholes (20x4 Multiple)
Pothole Multiple 12x12
Pothole2x2
Rutting 3x12
Alligator Cracks 4x8
Pothole 3x5
Pothole 3x2, 2x2
Failing Utility Patch 3x24
Heaving 25x1
Potholes 1x1, 1x2, 2x1, 3x3, 3x4, 20, 2x2
Rutting 25 x3
Rutting 3x22, 2x5
Street Repair Project
Priority Listing
Page 2 of 4
Priority
Location
OCI
Deficiency
44
E 87th St N
55
Pothole ( 2x5)
45
E 87th St N
55
Rutting 30x6, 27x9
46
E 83rd PI N
55
Potholes (4x2)
47
N 121st E Ave
55
Potholes (2x2, Ix1,1xI
48
Birch St
55
Advanced Cracking 6x7
49
Elm St
56
Alligator & Advanced Cracking 1Ox100
50
Elm St
56
Alligator Cracking & Rutting 24x50
51
E 90th St N
56
Advanced Cracking 14x20
52
N 124th E Ave
56
Rutting 20x3
53
N 127th E Ave
56
Potholes 2x2, 6x4
54
Atlanta
56
Advanced cracking 6x30
55
Atlanta
56
Cracking & Settling around patches 5x8, 3x8
56
5th Ave
56
Pothole 8x4
57
N 124th E PI
57
Rutting 1Ox10
58
E 82nd St N
57
Alligator Cracks & Settling 3x5
59
E 82nd St N
57
Chicken Wire Cracks (4-5x5)
60
Atlanta
57
Rutting & Heaving 4x40
61
Atlanta
57
Rutting 3x100
62
N 110th E Ave
58
Potholes 30, 4x2
63
N 110th E Ave
58
Rutting 3x45
64
E 87th St N
58
Pothole ( 2x5)
65
E 87th St N
58
Rutting (2) 5x5, 5x20
66
Cedar St
58
Alligator Cracking 24x50
67
3rd Ave
58
Pothole 3x3
68
3rd Ave
58
Settling 1Ox10
69
E 90th St N
59
Pothole 2x2
70
E 114th St N
60
Potholes Multiple 1 Ox 10
71
E 87th St N
60
Pothole ( lx5)
72
E 87th St N
60
Rutting & Advanced Cracking 3x30
73
E 88th St N
60
Potholes (l x2, 3x8)
74
E 77th St
60
Potholes (Multiple) 8x22, 14x11
75
E 77th St N
60
Rutting 3x200
76
N 120th E PI
61
Potholes (2-3x2)
77
4th St
61
Advanced Cracking 4x61
78
4th St
61
Potholes Multiple 100
79
Atlanta
61
Rutting 3x 116
80
E 87th St
62
Potholes IxI, Ix1, 2x1, 1x1, 2x2, 2x2, Ix1, 3x1
81
E 87th St N
62
Rutting 300, 2x20
82
E 88th St N
62
Rutting At hltersections 29x7, 270
83
E 93rd St N
62
Alligator Cracks 8x 10, 8x 12
84
N 119th E Ave
63
Potholes 4x9
85
N 132nd E Ave
63
Advanced Cracking 2400
86
Cedar St
63
Alligator Cracking I Ox20
87
1 st Ave
63
Advanced Cracking & Rutting 12x20
88
1 st St
63
Advanced Cracking 20x24
89
3rd Ct
63
Alligator Cracking 6x30
90
3rd Ct
63
Rutting 3x60
91
Birch St
63
Alligator Cracking 500
92
Birch St
64
Alligator Cracks 4x25
93
E 109th St N
65
Potholes 30, 2x4
94
3rd St
65
Alligator Cracking 5x12
Street Repair Project
Priority Listing
Page 3 of 4
Priorit
Location
OCI
Deficiency
95
3rd St
65
Potholes Multiple 12x20
96
Dogwood St
65
Pothole (Multiple) 1Ox10
97
Dogwood St
65
Rutting @ Curb Failure 3x 10
98
Atlanta
66
Rutting 3x15
99
4th St
66
Alligator & Advanced Cracking 24x65
100
Ash
66
Advanced Cracking 20
101
Birch St
66
Advanced Cracking @ 6th intersection 6x 18
102
Cedar St
66
Alligator Cracking 1Ox18, 6x10
103
Cedar St
66
Rutting 3x20
104
Elm St
66
Rutting 32x8, 3x10, 1Ox3, IOx2
105
Elm St
67
Advanced Cracking 12x10
106
Elm St
67
Alligator Cracking 9x27, 1 Ox10
107
E 88th PI N
67
Pothole 3x7
108
E 86th Ct N
67
Rutting 3x20, 1 Ox2
109
4th St
67
Alligator & Advanced Cracking 24x87
110
2nd St
67
Potholes Multiple 1 Ox2
111
3rd St
67
Potholes Multiple 1 Ox12
112
3rd St
67
Rutting & Heaving 3x5
113
N 127th E Ave
68
Potholes 3x12
114
6th St
68
Alligator Cracking 3x24
115
Atlanta
68
Rutting 305
116
3rd St
68
Alligator Cracking 1Ox12
117
3rd Ct
68
Potholes Multiple 2400
118
19th St
69
Advanced cracks 2406
119
Elm St
69
Advanced Cracking & Rutting 9x70
120
4th St
69
Advanced Cracking 3x75
121
4th St
69
Pothole IOx5
122
11 th St
69
Rutting 5x12
123
11 th St
69
Advanced Cracking 24x24
124
Ash
69
Advanced Cracking & Rutting 350x2
125
Birch St
69
Alligator Cracking 5x12 Around Manhole
126
Dogwood St
69
Rutting 150, 20x2
127
14th St
70
Advanced Cracking 12x24
128
E 92nd St N
71
Multiple Potholes
129
Elm St
71
Advanced Cracking 8x12
130
Elm St
71
Pothole Multiple IOx3, 2x1, 2x1
131
E 88th St N
71
Potholes 20, 2x2
132
E 90th St N
71
Pothole (Multiple) IOx12
133
E 90th St N
71
Settling Utility Trench 4x24
134
5th St
71
Advanced Cracks 17x10
135
N 102nd E Ave
71
Alligator Cracking & Settling 4x4
136
8th St
71
Alligator Cracking 24x 120, 12x5, 1 Ox4
137
8th St
71
Pothole 3xI
138
N 103rd E PI
72
Pothole 2x2
139
22nd St
72
Advanced Cracking 20x120
140
17th St
72
Advanced Cracking 14x 12
141
E 89th St
72
Potholes 1x1, 20
142
E 89th St N
72
Rutting 3x50
143
N I OOth E Ave
72
Rutting & Advanced Cracking 605
144
4th St
72
Advanced Cracking 5x2
145
18th St
73
Potholes Multiple 10x2, 8x2, IOx5
Street Repair Project
Priority Iwisting
Page 4 of 4
Priority Location OCT Deficiency
146
N 102nd E Ave
73
Rutting 4x22
147
Cedar St
74
Advanced Cracking 5x30
148
Cedar St
74
Potholes 2x4, 2x 1
149
8th St
74
Pothole 3x2
150
E 90th St N
75
Alligator Cracking 1 Ox15 Open Ravel
151
N 138th E Ave
75
Rutting 20x2
152
Birch St
78
Advanced Cracking @ Manhole 5x5
153
20th Ct
79
Potholes 4x2, I xl, 3x2
154
20th Ct
79
Potholes Mutliple 1000
155
N 120th E Ave
80
Alligator Cracking / Heaving 5x5, 70
156
E 89th St N
80
Potholes 30, 3x2
157
N 120th E Ave
82
Rutting 2x10 @ 2+96
158
N 135th E Ave
82
Rutting 3x12
159
E 87th Ct N
82
Rutting 1Ox15
160
E 89th Pl N
82
Settling 12x25
161
N 120th E Ave
83
Potholes 2x2, 2x2
162
N 120th E Ave
85
Rutting (2) 3x20
163
N 120th E Ave
85
Small Pot Hole Ix1, 1x2, 2x2, 1x2, 2x2
164
E 89th PI N
85
Pothole 2x2
165
N 139th E Ave
85
Advanced Cracking 2x15
166
E 84th St N
85
Advanced Cracking 140
167
N 139th E Ave
88
Alligator Cracking 2401
168
E 89th St N
89
Advanced Cracking 1 Ox 12
169
E 89th St N
89
Pothole (2x2)
170
N 120th E Ave
90
Pothole 2x2
171
E 99th St N
92
Rutting & Heaving 3'x50' Near Knuckle
172
N 127th E Ave
93
Heaving 2x24
173
N 118th E Ave
94
1000 Patch Failure
174
N 117th E Ave
95
Cracking & Settling 5x3
175
N I I7th E Ave
95
Potholes 2x2, 20
176
N I I8th E Ave
96
Pothole 30
177
N 120th E Ave
96
Settling 5x9
178
E 100th St N
97
Pothole 30
179
E I OOth St N
97
Chicken Wire Cracks 5x10
180
E 100th St N
97
Pothole 4x4
F-
0
w
0
a
w
O
O
0
N
Ui
0
O
N
O
0
O
N
0
0
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/
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ATTACHMENT
STREET REPAIRS
CITY OF OWASSO, OKLAHOMA
I PUBLIC WORKS DEPARTMENT I
ENGINEERING DIVISION
SHEET 1 OF 10
(918) 272-4959
FAX (918) 272-4996
Bidder
Base Bid (Items
1 - 10)
Alternate #1
Alternate 42
(Items 2A - 2B)
Alternate #3
(Items 3A-3B)
Alternate #4
Alternate #5
Alternate #6
Total Base Bid
& Alternates
Repair Cost
per SQ YD
Tri Star COnSttlletion
S 65,250.00
$ 8,370.00
$ 17,750.00
$ 23,845.00
$ 1,980.00
$ 1,000.00
$ 3,330.00
$ 121,525.00
$ 101.36
Magnum Const
$ 52392.00
$ 6,882.00
$ 14,856.00
$ 19,744.00
$ 1,332.00
$ 592.00
$ 2,738.00
$ 98,536.00
$ 82.18
APAC-Oklahoma
$ 66,552.00
S 8,742.00
$ 16,922.00
$ 24,051.00
$ 1,692.00
$ 752.00
$ 3,478.00
$ 122,189.00
$ 101.91
Engineer's Estimate
(January 2006)
$ 80,819.44
S 10,631.11
S 18,472.78
$ 28,227.22
$ 2,044.44
$ 868.89
$ 4,152.78
S 145,216.66
$ 121.11
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR ENGINEERING SERVICES
WET WEATHER (ICI) FLOW STUDY
DATE: March 8, 2006
BACKGROUND:
The Wastewater Master Plan, completed in May 2005, outlined a 20-year plan for the upgrade of
existing wastewater treatment and sewer collection infrastructure to proactively address the
growing demand of the Owasso community. Recommendations included the investment of
nearly S 15 million in treatment plant expansions and over $25 million in collection system
improvements over the next 20 years to address ultimate - or build -out - demand projections for
the Owasso service area.
In addition to improvements recommended for future growth, the plan also identified system
deficiencies which significantly hinder - or limit - existing conveyance and treatment capacity.
Such deficiencies were ranked and prioritized for implementation in the next five years, totaling
an investment of nearly $10 million. FY 2005-2006 budget provides adequate funding for the
replacement of aging or malfunctioning equipment including the replacement of pumps at the E.
117t" Sheet North Lift Station, upgrade of pumps at the Relief Pump Station and relocation of
Return Activated Sludge piping at the Wastewater Treatment Plant.
On March 1, 2006, a workshop was held with members of Greeley and Hansen and City staff to
develop a 5-year plan for the design, financing and construction of recommended improvements.
The consultant communicated that recommendations for the upgrade of the conveyance system -
to include the replacement of pumps at the E. 117t" East Lift Station at a cost of $142,800 were
based on pump draw -down test and not on flow monitoring as would be required to best access
needed pumping capacity. It was determined that a comprehensive flow monitoring study would
be necessary to determine whether higher capacity pumps would be required, making the
replacement of such pumps or enhancement of any conveyance/pumping infrastructure -
premature and/or inefficient at this point.
Agreement for Engineering Services
Wet Weather Flow Study
Page 2 of 3
Following the conclusion of the workshop, it was recommended that a comprehensive Wet
Weather Flow Monitoring Study be completed prior to the construction of sewer improvements.
Such study would compliment the work performed in the Wastewater Master Plan by providing
empirical data for the calibration of the City's sewer model to detail how wet weather flows
impact the collection system. The additional work would provide a plan for corrective action to
minimize infiltration of rain/groundwater in the sewer system and would also allow for further
refinement of the recommendations to the Capital Improvements Plan (CIP) presented in the
Wastewater Master Plan. Finally, and perhaps most importantly, this study would enable the
City to seek funding — as a Drinking Water State Revolving Fund loan — for the cost-effective,
planned implementation of such CIP projects.
ENGINEERING SERVICES AGREEMENT:
On March 8, 2006, Greeley and Hansen submitted a proposal for the completion of a Wet
Weather Study to compliment the work performed under the Wastewater Master Plan completed
by the same in 2005. The work will enable the City to model the effects of wet weather on the
sewer conveyance system for the proper sizing of collection system elements. An addendum to
the Master Plan will be developed, detailing impacts of wet weather flow, to recommend
corrective actions and upgrades to the system.
A lump sum fee proposal of $ 146,460 was submitted and an Agreement for Engineering Design
Services was drafted in a standard format previously approved by the City Attorney.
The project is divided into five (5) work tasks as follows:
— Define objective and deliverables
— Perform flow monitoring
— Perform I/I study
— Update/calibrate collection system model
--- Update Master Plan CIP recommendations
PROJECT SCHEDULE:
The Work is scheduled to begin in April 2006 and be completed by October 2006, subject to
weather.
FUNDING:
Funding for this project will be obtained from the Oklahoma Water Resources Board (O )
via a loan from the Drinking Water State Revolving Fund. FY 2005-2006 allocation for
Wastewater Improvements, Line Items 62-455-54270 ($142,800.00) and 62-450-54270 ($3,661)
provides sufficient temporary funding pending reimbursement from OW".
It is worth noting that, following the completion of the pump test at the E. 117th Street North Lift
Station, it was discovered that rags were significantly impairing the capacity of the pumps. Staff
Agreement for Engineering Services
Wet Weather Flow Study
Page 3 of 3
has addressed the source of rags — eliminating their presence from the sewer system — thereby
improving the performance of the existing equipment. Personnel also performed maintenance on
the equipment, further improving system performance. Thus, the immediate replacement of such
pumping equipment is no longer necessary to prevent the occurrence of a bypass or overflow.
This has afforded adequate time for the completion of the flow study prior to pump replacement,
which is now scheduled to occur in the next 18 months.
RECOMMENDATIONS
The staff intends to recommend Trustee approval of an Agreement for Engineering Services for a
Wet Weather (UI) Flow Study with Greeley and Hansen, LLC (Chicago, Illinois) in the amount
of $146,460 and authorization of the Chair to execute the document.
ATTACHMENTS
A. Engineering Services Agreement
DEPARTMENT OF PUBLIC WORKS
WET WEATHER STUDY PROPOSAL
GREELEY AND HANSEN LLC
MARCH 2O06
Greeley and Hansen completed a Wastewater Master Plan update for the City of Owasso in
2005. The Master Plan considers the 20-year needs of both the collection system and wastewater
treatment plant (WWTP). The Wastewater Master Plan update involved the development of a
collection system model. This model does not predict the impacts of wet weather on the
collection system. Currently the model utilizes an arbitrary peaking factor to account for the
effects of wet weather. Use of this wet weather peaking factor may lead to improper sizing of
collection system elements. The end result could be oversized sewers (and additional expense)
or undersized sewers (and overflows and related expenses including the potential for State
imposed fines).
Pump station run-time data suggests that wet weather flows significantly impact Owasso's
collection system. If not accurately accounted for, these wet weather flows may inhibit the
ability of the system to convey sewage to the treatment plant, may result in sanitary sewer
overflows (SSOs), and may ultimately limit system expansion if the City cannot demonstrate
sufficient capacity to convey peak sanitary flows.
At the request of the City of Owasso, Greeley and Hansen has prepared this proposal that will
provide the City's model the capability of modeling the effects of wet weather. Greeley and
Hansen will, with the assistance of MGD Technologies, Inc., perforin a comprehensive wet
weather study for Owasso. Temporary flow meters will be installed at select locations in the
collection system to evaluate the response to wet weather events.
Measured flows will be used to calibrate a hydrologic model which will be added to the existing
collection system model. This hydrologic model will be used to simulate the response of the
collection system to wet weather events. The calibrated model will then be used to refine the
results of the Master Plan as they relate to the collection system. An addendum to the
Wastewater Master Plan will be developed, detailing how wet weather flows impact the system,
and recommend corrective actions and modifications to the Capital Improvements Plan (C.I.P).
such that the system will be capable of adequately conveying flows for the 20-year planning
period.
In addition, a separate Inflow & Infiltration (I/I) Report will be prepared approximating I/I rates
for the system. This study will quantify peak wet weather inflow, dry weather- infiltration, and
rainfall dependent infiltration for each region of the collection system monitored during flow
monitoring.
IIh PROJECT APPROACH
Task 1 Project Management
This project will be initiated by a kick-off meeting. Greeley and Hansen and MGD staff will be
present to discuss the project scope, introduce key project personnel, and define project
objectives, deadlines, and deliverables.
Task 2 Flow Monitoring
The majority of the flow -monitoring effort will be performed by the local firm, MGD
Technologies, Inc. Greeley and Hansen will oversee their work and provide coordination as
necessary.
Sigma 910 AV flow meters are proposed. These meters are capable of accurately measuring
sewer flows in both free flow and surcharged conditions. By measuring both depth and velocity,
these meters are capable of accurately measuring flow under free flow, surcharge, and backwater
conditions. MGD Technologies will also install rain gauges at no less than two sites to record
the temporal variations of rainfall events that occur during the flow -monitoring period.
The attached figure indicates the recommended flow monitoring sites. MGD Technologies will
be responsible for inspecting the sites prior to meter installation. If any of these sites are found
to be hydraulically inadequate for flow meter installation, MGD Technologies will recommend
alternative sites. The services of Owasso staff will be limited to assisting with locating and
verifying sites, providing necessary access, and assisting in locating alternate sites as necessary.
Flow meter installation will be performed by MGD Technologies. This task is expected to take
two days. All MGD Technologies staff are OSHA certified for confined space entry.
Flow monitoring would begin in September 2006 and last up to three months. During this time,
MGD will maintain the flow meters as required and download data once per week for the first
month, and bi-weekly for the remaining two months. MGD will remove the flow meters at the
end of the three-month monitoring period.
MGD Technologies will forward the raw flow data to Greeley and Hansen for evaluation.
Greeley and Hansen will review the flow data for accuracy, identify any problems or
discrepancies, and perform a cursory review of dry and wet weather flows.
Task 3 I/I Study,
After the conclusion of the flow -monitoring program, Greeley and Hansen will complete a
system -wide 1/1 study. This study will identify dry and wet weather periods from the flow -
monitoring period. For each monitored subsystem, I/1 will be quantified and relationships
between rainfall and peak wet weather flows will be developed. Those areas where I/1 is found
to be most severe will likely be recommended for a Sewer System Evaluation Study (SSES) to
locate specific sources of I/1 and recommend corrective actions.
FLOW MONITORING SITES
a sa�=a
v
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j1
(_
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IE
/LL
i�
B •
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ik
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4i
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I,
WIMP
Legend
'. Pump Stations Gravity Sewer
C> mani ales Force Main
GREELEY AND HANSEN c Flow Mon,ton, Sites S
A report will be prepared and submitted detailing the findings of the UI study. The report will
also include a detailed evaluation of each subsystem including hydrographs, I/I rates, transport
and treatment cost estimates, etc.
Task 4 Collection System Update
The collection system model will be updated by adding a hydrologic model capable of
simulating the collection system response to rainfall.
Hydrologic model development involves evaluating each subcatchment of the model and adding
key hydrologic parameters such as percent impervious, ground slope, soil type, etc. Initial
estimates of these parameters will be made, and they will be refined as necessary during the
calibration process.
Model calibration involves inputting measured rainfall data recorded during the flow -monitoring
program. The model is then run and the resultant system flows are compared to measured flows
at each of the flow monitoring sites. Model parameters are fine-tuned in order to obtain a better
fit between measured and simulated flows. Model calibration results will be documented and
included in a report to be submitted to Owasso staff for review.
Once the model is calibrated and adequately predicts the response of the system to a variety of
wet weather events, it will be used to perform a wet weather evaluation of the collection system.
This evaluation will involve a continuous simulation of the collection system to a typical rainfall
period of not less than three years. Potential annual average system overflow frequencies and
volumes will be developed, system bottlenecks identified, etc. The findings of this evaluation
will be included as part of the addendum to the Mater Plan Update.
Task 5 Master Plan Update
An addendum to the Wastewater Master Plan Update will be prepared. The addendum will
modify the recommendations of the Wastewater Master Plan Update based upon the findings of
the wet weather analysis. The original collection system Capital Improvement Plan will be
included in the addendum. The collection system model modified to include the effects of wet
weather flow will be turned over to the City for their use. City Staff will be trained in the use of
the modified model.
We expect to complete this project seven months fi-om the start date. Since wet weather flow monitoring
will be conducted in the Spring, the Kick -Off meeting must be conducted prior to April 2006 so that the
flow meters can be in the ground in time for the Spring wet weather period. A detailed schedule is as
follows:
ID
Task
Task'da--e
I
i
Project Management
.,
1 b
Ad I ^ s'.x'de
4
2
Flow Monitoring
5
2n
Pre-I`ista= S'..te I`tspectiol
E>
21)
sta 2. �..
7
2r.
Da'z; CceCS.on
9
2d
,Agile• Re-lovz-
...
2e
Data Acegs
10
3
II Study
I 1
-
Wet Weather Evaluation
12
- 4e
Fh (I , og c Nile Deve"ul:-er;
13
4b
Mode Ca�bra"m
14
'.. 4C
YJef VJe61le Er i1J<.:.01
15..
_:. 4d
Repo',
I
5
Master Plan Update
IV. 13UDGET
i%I` I.In '1)l;
V''I" A'JO'I06
".Sep 02
Uc1'06
In 21 2 : 9t
11=23.30 7 -14'21 2C°. 4 i1
14 c5 2 , %16 2 ail g 13 2
.27 °- 10 17 24
I P,
h 22�
....,,'r
......f. ................. ..:. :':
................. ..F .......1:
.... ........._ .......... . ....... ...... .......I �'....__...........
A cost schedule for this project has been provided on the following page.
GREELEY AND HANSEN LL*
JANUARY 16
Direct Labor
Hours - Greeley and Hansen
Project
Project
GIS/
Project
Total
Estimated
MGD
Total
Task Description
Director
Manager
Modeler
Engineer
Hours
Compensation
Technologies
Cost
Rates:
224
175
135
97
1. Project Nlanaaement
a. Kick-011'Meeting (Subcontractor to attend meeting)*
0
8
0
0
8
$1,400
5735
b. Management
4
8
0
0
12
$2,296
Subtotal - Project Kick Off
4
16
0
0
20
$3,696
$735
$5,031
2. Flow Monitoring
a. Pre -Install Site inspection
0
0
4
0
4
$540
$4,410
b. Meter Installation
0
0
0
0
0
$0
$8,820
C. Data Collection
0
0
16
0
16
$2,160
$56,669
d. Meter Removal
0
0
0
0
0
$0
$4,410
e. Data Analysis
0
8
32
0
40
$5,720
Subtotal - Flow Monitoring
0
0
52
0
52
$7,020
$74,309
581,329
3. Infiltration & Inflow Study
0
8
48
75
131
$15,155
$0
$15,155
4. Wet Weather Evaluation
a. Hydrologic Model Development
0
0
40
0
40
$5,400
b. Model Calibration
0
0
40
0
40
$5,400
C. Wet Weather Evaluation
0
8
40
0
48
$6,800
d. Report
2
8
32
0
42
$6,168
Subtotal - Wet Weather Evaluation
2
16
152
0
170
$23,768
$0
$23,768
5. Master Plan Update
a. Prepare Addendum
2
8
38
40
88
$10,858
b. Meeting / Report Delivery
0
8
8
0
16
$2,480
C. Staff Training
0
0
24
0
24
$3,240
Subtotal - Wet Weather Evaluation
2
16
70
40
104
$16,578
$0
$17,178
Expenses
a. Printing
51,000
b. Purchase Modeling Software
C. Travel
$0
$3,000
Project Total
8
56
322
115
477
$66,217
$75,044
$146,461
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
i
I
FROM: ANA C. STAGG,
PUBLIC WORDS DI EC' OR
SUBJECT: AGREEMENT FOR GAS FACILITIES RELOCATION
WITH . NATURAL GAS COMPANY
DRAINAGESILVER CREEK
DATE: March 6, 2006
BACKGROUND:
In an effort to resolve drainage issues impacting the Silver Creek development area, on January
17, 2006, the City Council awarded a contract to Keystone Services, Inc. for the construction of
"Off -Site" Silver Creek Drainage Improvements. The work includes construction of piping
improvements throughout the Bradfords and Willows subdivisions and a collection structure in
the Nottingham subdivision for a total contract amount of $569,229.95. A Notice to Proceed for
the project was issued on February 9, 2006, and construction is underway for completion by
August 2006.
As part of the work, American Electric and Power (AEP), Southwestern Bell, Verdigris Electric
Company, Oklahoma Natural Gas Company and Cox Cable were asked to engineer relocation of
utilities as needed to allow for the construction of improvements. No utility conflicts — except for
ONG's — were identified during the design phase.
Oklahoma Natural Gas Company (ONG) currently owns approximately 370 linear feet of low
and medium pressure distribution pipelines. Of the total length, 115 linear feet are located
within the public ROW and 225 linear feet are located outside the public ROW and within
privately owned easement. This portion must be relocated at an estimated cost to the City of
$17,757.00 including material, labor, and contract administration.
AGREEMENT FOR GAS FACILITIES RELOCATION -
The Agreement (see Attachment A) contains language outlining the basis for relocation costs and
ONG's reimbursement policy. The language is similar to that of previous agreements between
ONG and the City of Owasso.
Agreement For Gas Facilities Relocation
Silver Creek Drainage Improvements
Page 2 of 2
® The City will reimburse ONG within thirty (30) days of completion of work, which is
estimated to be early July 2006.
® Relocation costs will be based on actual relocation costs. These costs may include material
suppliers', work contractors' and equipment rental invoices; ONG's transfer and expense
charges for warehoused materials (at then -current rates and prices); payroll time sheets;
indirect labor charges; auto, truck and equipment use records; expense statements and
standard allocated overhead charges.
® ONG will award and pay for the work based on competitive bids.
® ONG easements shall be considered to retain precedence so that any City project in the future
requiring additional relocations of the same facilities shall be paid by the City.
The City Attorney has reviewed the Agreement and found it acceptable.
FUNDING:
Funding for Silver Creek Drainage Improvements in the amount of $450,000 is included in the
Fiscal Year 2004-2005 Stormwater Division Capital Outlay budget (01-370-54230),
supplemented by a $880,000 allocation from the Capital Improvements fund (40-370-54230-
034). Adequate funding remains in the Capital Improvements fund to satisfy this request.
COMMENDATIONS
The staff intends to recommend Council approval of authority for the City Manager to execute
the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the
City of Owasso for Silver Creek Drainage Improvements in the amount of $17,757.00.
Staff further intends to recommend Council approval of authority for the City Manager to
terminate the agreement (as allowed by the agreement) if revised estimates submitted by ONG
become more than $17,757.00 prior to commencement of construction and if it is determined by
the City Manager that the revised estimate no longer fits within the City budget.
ATTACHMENTS:
A. Agreement and estimate
i .5 49�:.
AGREEMENT
GAS FACILITIES RELOCATION
SILVER CREEK DRAINAGE
CITY OF OWASSO
TULSA COUNTY
Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various medium
pressure and low-pressure distribution natural gas pipelines within the construction limits of the referenced project in the
City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service
corporation.
City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these
facilities to accommodatethe proposed construction of the referenced project as shown on plans therefore, the latest of
which were received electronicallyby Company on November 21, 2005. City agrees to reimburse Company in the extent
and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City.
Company proposes to perform the necessary relocation of its facilities in substantial accordance with the four plan sheets
and the one -page cost estimate, all dated December 16, 2005 (drawings and estimate revised February 27, 2006), of
which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not
occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $17,757, all of
which is to be reimbursed to Company by City.
City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs,
said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto.
Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and
equipment -rental invoices; and at then -current rates and prices, company's transfer and stores expense charges for
warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense
statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be
based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and
economical.
It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance
with this agreement within thirty (30) days afterthe said relocation work has been completed and Company's statement
for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to
commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the
estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right
to ternminatethis agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City
shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate
the agreement within the ten (10) days, it shall remain in full force and effect.
The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement
shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the
time of the execution of this agreenment under valid and subsisting private right-of-way easements granted to, obtained by
or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written
instrument.
Page 1 oi' 3
I ur(IIer, should the CmIIpany in the course oI' relocating the above -described facilities relocate any of' such facilities
presently located on private right-of-way onto public right-ol-way, the Company shall be deemed in respect to such
I acilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any
future governmental project requiring relocation, adj ustment, or abandonment of such facilities, that the Companysliall
be entitled to rei m bursement f or the cost of such relocation, adjustment, or abandonment from the governmental agency
requiring the same; provided, however, this provision shall not be construed as requiring reimbursementby the City of
Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso.
Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance
thereof by the Company before there is any binding contract between the parties.
City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the
relocation costs to the extent herein above provided.
If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall
automaticallyterm inate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by
Company.
Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space
provided below and returning one executed copy to us.
AS�ecreta�
Dated
OKLAHOMA NATURAL GAS COMPANY,
A SI®N OF ®OWONEOW Inc.
By:
Page 2 of 3
City Attorney
`
City Clerk
This -day of 2006.
OKLAHOMA NATURAL GAS COMPANY
ESTIMATED GAS FACILITIES RELOCATION COST
SILVER CREEK DRAINAGE
CITY OF OWASSO, OKLAHOMA
021.055,2157.010020
MATERIAL COST:
2- PIPE -PE, 2406, IPS-216" WALL, SDR 11, YELLOW
2-X2- TEE -TAPPING, ELECTROFUSION, HIGH VOLUME
2" ELBOW-SOCKETFUSION, 90 DEG, MD PE 2406
2" CAP-SOCKETFUSION, MD PE 2406
2" COUPLING-SOCKETFU SION, IPS, MD PE 2406
5# ANODE -MAGNESIUM, PACKAGED, 10FT LEAD
#10 WIRE -TRACER, FOR BORING, SOLID COPPER, ASTM B-1
MISC. MATERIAL
TOTAL ESTIMATED MATERIAL COST
INSTALLATION COST:
Stores Expense
Contract Construction Labor
Contract Design & Drafting Services
Company Labor
Indirect Labor, Payroll, Insurance, and Taxes
Automotive Expense
Right of Way Damages
TOTAL
Administrative and General Expense
Omissions and Contingencies
ESTIMATED INSTALLATION COST
ESTIMATED MATERIAL COST
ESTIMATED ABANDONMENT COST
TOTAL ESTIMATED RELOCATION COST
FINANCIAL RESPONSIBILITY
Total within Private Right of Way 255 ft.
Total within Public Right of Way 115 ft
City Share 255 ft. within additional reguired RNV
370 ft. within total required RIW
ONG Share 115 ft. within Dresent Public R/VV
370 ft. within total required R/W
Eastern Region Engineering (Randy Stalcup)
Prepared By.
Utility Design Services Inc. (Gerald Noll)
12116/2005 (Rev. 2/27/06)
-M
UNIT COST
AMOUNT
395 ft.
0.35
$139
5 ea.
43.53
$218
10 ea.
1.56
$16
8 ea.
0.84
$7
4 ea.
0.54
$3
5 ea.
17.85
$90
395 ft.
0.06
$24
$28
$525
68.92% = $17,757
31.08% = $8,008
$87
$10,250
$4,569
,$1,538
$633
$231
$1,500
$19,333
$3,022
$2,794
$24,624
$525
$616
$25,765
TULSA COUNTY
cT_Tm 4
S.E./4 SEC. 21 T,21.N. R.14.E,
AREA LAYOUT
ONG ATLAS OWASSO 84
MATERIAL REQUIRED
O
395'
of 2'
PIPE -PE, 2406, IPS, .216- WALL, SDR 11, YELLOW
2
5
— 2'X2'
TEE -TAPPING, ELECTR❑FUSION, HIGH VOLUME
3
10
— 2'
ELB❑ W-SOCKETFUSION, 90 DEG, MD PE 2406
4
8
— 2'
CAP -SOCKET FUSION, MD PE 2406
5
4
— 2"
COUPLING-SOCKETFUSIL7N, IPS, MD PE 2406
6
5
— 5#
ANODE -MAGNESIUM, PACKAGED, LOFT LEAD
7
395
— #10
WIRE -TRACER, FOR BORING, SOLID COPPER
MATERIAL, TO ABANDON OR REMOVE
ix
370' of 2° PIPE, PLASTIC(02, 98,& 00)
T
21
N
METER SERVICES
5 - METER RECONNECTS
LEGEND
A - NDT nw xx - onsT. Noce g
L'L VA [
0 90 20 40 O _ ucrcn /j - aTsr. rw 9
®- AEcuurou oa5r�+c
1" e 20-0" -i �- cur a c+r Prsa'osco MflY
REM01L OR A8W00N
UDS No. 2005-072 Prapoi Dy. Uaa ,D..gn Smicea —
�� " OKLAHOMA NATURAL GAS COMPANY
PROP. RELOCATION OF VARIOUS GAS PIPELINES
SILVER CREEK DRAINAGE IMPROVEMENTS
CITY OF OVASSO, OKLANOMA
11 l)
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIANN M. STEVENS
ADMINISTRATIVE ASSISTANT
u C. / :/.1,.:1/, /11 1, 1 t .
DATE: March 9, 2006
BACKGROUND:
There are three vacancies on the following committees that require discussion and future
action by the City Council. Those positions currently vacant are:
® Board of Adjustment
® Capital Improvements Committee (2 positions)
® Owasso Sales Tax Watchdog Committee (Retail Business position)
Discussion of these appointments has been listed on the agenda for the work session.
Please note that the Council's past practice has been to conduct discussion with a
subsequent nomination by the Mayor who then seeks City council confirmation of those
nominations.
BOARD OF ADJUSTMENT:
Mr. Craig Wallace has resigned from the Owasso Board of Adjustment, prior to the June
30, 2008 expiration of a three year term. Four members remain on the Board and
although three of the four constitute a quorum, it would serve the City well to increase
their number back to five as soon as possible.
This Board meets monthly to hear and decide requests for special exceptions to the
zoning code. Furthermore, the Board may grant variances, in specific cases, from the
zoning ordinance. This Board is a quasi -legislative body (not a recommending body) and
appeal to decisions of the Board must be taken to District Court.
CAPITAL IMPROVEMENTS COMMITTEE:
The Capital Improvements Committee (CIP) has two vacancies. Mr. Craig Wallace has
resigned his Citizen at Large position. In addition, the recent death of Mr. Dale Pride
creates the second vacancy; Mr. Pride also held a Citizen at Large position.
The Capital Improvements Committee meets for three to four months in late winter and
early spring to review Capital requests and recommend action to the City Council. This
Various Appointments to Boards and Commissions
March 9, 2006
Page 2 of 2
committee also adopts a revised Capital Improvements Plan each year for
recommendation to the Council.
SALESTAX WATCHDOG COMMITTEE:
Ms. Pam Holt has resigned from the Owasso Sales Tax Watchdog Committee. Ms. Holt
represented one of two Retail Business positions. Due to the recent sale of her business,
she can not continue serving as a Retail Business representative.
The Sales Tax Watchdog Committee was formed in 1998 and then re -organized
following the 2003 tax extension bond election for the purpose of maintaining a strong
citizen participation effort throughout the life of the sales tax extension and to insure the
proper use of revenues generated. This committee meets twice a year and members are
appointed for the life of the sales tax extension or until resignation or termination.
COMMENTS:
While the length of terms may vary on the different boards and commissions, member
terms that are set to expire will do so at the end of the fiscal year (June 30th). Because
the Board of Adjustment meets on a monthly basis and the CIP will be prior to June 30,
2006, staff believes these vacancies should be addressed as early as April. The Sales Tax
Watchdog Committee is not scheduled to meet until after June 30, 2006, thereby creating
flexibility should the Council desire not to immediately fill this vacancy.
Attached for your review are the Talent Bank applications received from individuals who
have expressed an interest in serving on Owasso Boards and Commissions.
Further discussion regarding these appointments remains with the Council.
ATTACHMENTS:
1. Description of Board of Adjustment and Board Membership
2. Talent Bank Applications with interest in Board of Adjustment
3. Description of Capital Improvements Committee and Board Membership
4. Talent Bank Applications with interest in the Capital Improvements Committee
5. Description of Sales Tax Watchdog Committee and Board Membership
6. Talent Bank Applications with interest in the Sales Tax Watchdog (Eligible)
7. Remaining Talent Bank Applications
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
DATE: March 9, 2006
At the March 7, 2006 City Council meeting, the City Council voted to table consideration of
ordinance 837, the gated communities ordinance. The staff is bringing the item back to the City
Council for discussion at the March 14, 2006 City Council work session.
ATTACHMENTS
1. Proposed Ordinance No. 837
2. Memorandum from the staff dated March 1, 2006
ORDINANCE
THIS ORDINANCE AMENDS PART 12, CHAPTER 2, OF THE CITY 1 OWASSO CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
SECTION ONE (1)s Part "Twelve, Planning, Zoning and Development, Chapter 2, Zoning
Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by
providing and codifying as follows:
SECTION ONE (l )
No public street shall be obstructed. Gated access will only be considered and
allowed for private streets in approved Planned Unit Developments, apartment
projects, or other subdivision plats approved by the City Council. Only local streets
that would not otherwise provide access to other neighborhoods will be considered
eligible for gates. No collector roads that would connect one arterial to another
arterial will be considered eligible for gates. All plats submitted with private streets
and gated access shall require the approval of the Planning Commission and the City
Council. The City of Owasso, prior to the issuance of any building permits, shall
approve streets and grading plans for the subdivision, and those plans shall show the
locations and details of all gates.
SECTION TWO (2)
Any gate shall be located a sufficient distance from a public street to allow two (2)
cars to line up at the gate so as to completely clear the right-of-way of the abutting
public street without interfering with vehicles utilizing the public street; the minimum
acceptable distance from the gate to the public street right-of-way shall be no less than
forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the
gated development,
SECTION THREE (3)
Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on
gates shall also be prohibited.
SECTION FOUR (4)
Use of controlled access does not negate other City of Owasso ordinances.
SECTION FIVE (5)
A Homeowners' Association or a similar entity shall be established and the name,
addresses and emergency contact numbers provided to the Fire Department, The
Homeowners' Association shall be responsible for the following:
(a) Maintenance and repairs of the private streets and/or fire lanes, and to provide
the funds for such.
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying the Fire Department officers during annual inspection and
testing of the opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year
round maintenance.
SECTION SIX (6)
The minimum gate opening width, including clearance for all improvements related to
the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and
an egress gates.
SECTION SEVEN (7)
A battery back-up system shall be provided for each gate. These batteries will be
trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners' Association,
An emergency release or hitch pin shall be installed on the control arm.
SECTION EIGHT (8)
This hitch pin, when removed, will detach the control arm from the gate and allow the
gate to swing open freely with manual intervention.
An emergency release shall be installed on the gate. This emergency release, when
removed, will detach the gate from the opening device and allow the gate to swing or
slide open freely with manual intervention.
SECTION NINE (9)
The gate shall be equipped with a "Click2Enter, Inc. public safety access system,
which utilizes the existing emergency service radios for rapid entry.
SECTION TEN (10)
All streets within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards ofthe City of
Owasso.
SECTION ELEVEN (11)
Should any problem occur in the operation of the gate or any violation of any section
of this ordinance, the gate shall remain open and accessible until the problem is
resolved and/or the gate is repaired and tested.
SECTION LEVE (12)
When a covered entry structure is requested, the minimum height shall be no less than
sixteen (16) feet. The width shall be no less than twenty (20) feet.
SECTION THIRTEEN (13)
In order to ensure unrestricted access for service providers such as school busses and
postal carriers, gates shall remain open between 7:00 AM and 7:00 PM.
SECTION FOURTEEN (14)
Any developer, Homeowners' Association, or other responsible property owners
proposing any gated community must provide the City of Owasso (including Fire,
Police, Public Works, and Community Development) access assurance prior to
installation of any approved gate. The access shall be provided by an casement to be
dedicated to the City of Owasso in the deed of dedication of the plat for utilities and
essential City services in the streets and common areas as designated on the
subdivision plat.
SECTION FIFTEEN (15)
The developer, Homeowners' Association, or other responsible property owners shall
provide for annual inspection of each gate to insure that each gate is tested to meet all
of the construction requirements prior to it being approved for operation or continued
operation at any point the gate fails to meet the standards. The verification of the
access agreement and a copy of the latest inspection form will be kept on file with the
City of Owasso City Clerk including the contractor's name, address, and 24-hour-a-
day telephone number(s). The developer, homeowner's representative, or responsible
property owner's name, address, and telephone number shall be a minimum
requirement for approval of the annual inspection of the gate.
SECTION SIXTEEN (16):Repealer
All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to
the extent of the conflict only.
SECTION SEVENTEEN (17): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining
portion shall not be of but remain in full force and effect.
The provisions of this ordinance shall become effective thirty (3 0) days from the date
of final passage as provided by state law.
SECTION NINETEEN (19): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new
ordinance to be codified in Part 12, Chapter 2, as section 2-203.
PASSED by the City Council of the City of Owasso, Oklahoma on the __ day of __, 2006,
M
City Clerk
loom
APPROVED as to form and legality this day of 2006
City Attorney
W111-IJAXITWIMUT-1
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD CLARK, JULIE LOMBARDI, ANA STAGG, ERIC
WILES, DAN YANCEY
...............
I I i I 1 111 � 11 , ,
DATE: March 1, 2006
At the February 7, 2006 City Council meeting, the City Council voted to table consideration of
ordinance 837, the gated communities ordinance, until the March 7, 2006 City Council
meeting. The staff is bringing the item back to the City Council for consideration at the March
7 City Council meeting.
The staff has been requested to perform research into the issue of gated communities and to
present a recommendation based upon the findings of that research. Currently, there are more
than 50,000 gated communities in the U.S. with more being built every year. About 6% of the
country's population lives inside gated communities, totaling seven million households (Census
Bureau, 2001).
Currently within the Owasso city limits two developments exist that are considered to be
gated communities, one being southern portion of Southern Links Addition and the
second being Watercolours located in the Coffee Creek Addition. Both of these
developments allow access to the general public during the daytime hours.
The staff has drafted an ordinance that would allow the installation of entrance gates into
residential subdivisions on private streets only. It should be noted that gates would not be
permitted on streets that would otherwise connect to adjacent subdivisions or on collector
roads that would connect one arterial with another.
This memorandum is a summation of the findings of the directors of Community Development,
Fire, Police, Public Works, and the City Attorney. The report is organized into different points
of focus that were examined by the respective staff members. The first point of focus, from the
Public Works Director, outlines the direct effects of gated residential entrances on our ability to
provide water, sewer and refuse collection and infrastructure maintenance service. Second, the
Fire Chief examines necessary design criteria for gates that would ensure a rapid and safe
response to provide the earliest possible arrival and intervention of public safety personnel to an
emergency. Next, the Police Chief focuses on the pros and cons of gated communities from
the perspective of law enforcement. The City Attorney reports on her findings related to the
legality of gated neighborhoods; especially as to whether they can be located on public streets.
Finally, the Community Development Director provides general findings on gated communities
— from benefits and drawbacks for both the homebuyer and the city to general statistics about
gated communities and a summary of research.
Water and Sewer —
Whether gated or not, the city is obligated to provide water and sewer service to
customers located within the service area. The presence of a gate, which is kept open
during business hours, would have little or no impact on our ability to provide regular
services. Furthermore, because suspension of service would not result on an immediate
loss of life, the City may opt to delay response to after-hours calls when gates prohibit
entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the
City's ability to provide quality water and/or sewer service.
Similarly, whether the streets remain public or become private has no bearing on water
and sewer infrastructure which -- regulated by Oklahoma Department of Environmental
Quality -, must remain public.
Refuse Collection —
The presence of a "properly -sized" gate — which remains open during business hours —
would have no impact on our ability to provide set -vice. A potentially problematic effect
of gates would be its width, which if improperly sized could restrict entrance of refuse
vehicles to the subdivision. This can be easily overcome by specifying minimum
clearances at residential entrances in the City's design criteria. Finally, whether the streets
are private or public would have no impact on our ability to provide quality refuse
collection service.
Streets and Drainage —
Again, the presence of a gate itself has minimal impact or no impact on our ability to
provide maintenance to the City's streets and stormwater infrastructure. Of significant
importance to this discussion, however, is whether the streets are private or public. In
past, when streets are private, City staff has had no involvement in the design,
construction and/or maintenance of the infrastructure.
It is worth noting that although an advantage of private streets should be the release from
maintenance obligations related to the infrastructure, recent history has proven different.
In the 1970's, the Three Lakes Village streets were constructed as private infrastructure,
exempt from City requirements. Unfortunately, not only was the street too narrow to
allow for safe traffic, but also its foundation was too shallow to withstand normal
residential traffic. Resultantly, the City -- after numerous petitions by the area residents --
has agreed to accept the streets after the effect and invest nearly $250,000 in their
reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to
require that private street infrastructure servicing a residential neighborhood meet
minimum City standards.
Gates may result in a reduction of traffic volumes on the gated passageway because it
eliminates through traffic. Resultantly, traffic volumes on alternate through routes should
be expected to increase. If the gated passageway is private, the increased traffic volumes
on alternate public routes would result in higher maintenance costs for the City.
Conversely, maintenance savings resulting from a decrease in through traffic in gated
communities would be enjoyed by the resident owners.
Finally, gated throughways would render the passage worthless to all but those able to
operate the gate — when the gate is closed. In other words, only those that can open the
gate are provided with unrestricted access to the passageway. Thus, the excessive use of
gates could result in disruption of contiguous residential street networks, rendering the
system useless and overloading arterial streets.
oil -
The idea of installing entry/access-controlling gates is not new, but remains in conflict with
the primal goal of the emergency responders from both the police and fire departments: a
rapid and safe response to provide the earliest possible arrival and intervention.
In the interest of a rapid response, state laws, city ordinances and departmental operating
procedures address the safe and rapid response to emergencies throughout our response
area. I-Estorical and scientific data demonstrate the many benefits of arriving as quickly
and safely as possible, whether the emergency involves fire, violence, or medical or
traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied
structure or an event involving violence, any delay to a rapid and safe response can, and
most often does, affect the successful outcome of the emergency.
The Owasso Fire Department does recognize, however, the customer -centered obligation
to adapt our emergency response goals to homeowner desires for entry/access-controlled
gates. Realizing this, our strongest recommendation is to create and implement design
criteria for the initiation of a gated community.
Criteria for Placement of Gates —
In an effort to minimize the barrier/delayed- time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
The development of an ordinance addressing the design criteria should contain language
addressing the following:
1. The requirement that all plats submitted with gated access require the approval of
the Planning Commission and the City Council. Prior to the issuance of any
building permits, the City Engineer, the Fire Marshal, and the Building Official
shall approve a detailed Site Plan for gated access areas.
2. The requirement that any gate shall be located a sufficient distance from a public
street to allow three (3) cars to line up at the gate to clear completely the right-of-
way of the abutting public street without interfering with vehicles utilizing the
public street. The minimum acceptable distance from the gate to the public street
right-of-way shall be no less than sixty -feet (60'). A turn around lane is required
for vehicles unable to enter the gated development.
3. The prohibition of road spikes, barbs, or other tire damaging devices and spikes
installed on gates.
4. The requirement for compliance of all engineering requirements adopted as City
standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access
developments.
5. The requirement for the formation of a Homeowners' Association, or similar
entity, and for the names, addresses and emergency contact numbers of the
Association be provided to the Fire Department. The Homeowners' Association
shall be responsible for the following:
(a) Maintenance and repairs of all streets and/or fire lanes (if remaining
private).
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying Fire Department officers during annual inspection and
testing of the gate opening systems,
(d) Maintaining a service agreement with a qualified contractor to insure year-
round maintenance.
6. The requirement that the minimum gate opening width, including clearance for all
improvements related to the gate, be not less than twenty (20) feet wide per lane if
there is to be ingress and an egress gates.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This bitch pin, when removed, will detach the control arm from the
gate and allow the gate to swing open freely with manual intervention.
8. The requirement for a battery back-up system for each gate. These batteries will
be trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners'
Association.
9. The requirement for the gate to be equipped with a rapid entry key lock box,
located at or near the main entrance to the property. The Fire Marshal shall
approve the specific type of lock box and mounting location, (Alternative: some
technological equivalent including light or noise activated opening).
10. The requirement for the location of all rapid entry key lock boxes, hitch pins,
related equipment, operation of gate, signage, opening design, swinging or sliding
operation of the gate or any other design specification be constructed and installed
in accordance with the approved plans.
11. The requirement for the minimum paving width for all lanes entering and exiting
the development at the gated entry is at least twenty (20) feet in width. All streets
within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the
City. Should parking along the street be requested by the developer, appropriate
signage shall be provided and the minimum width of the roadway shall be twenty-
six (26) feet.
12. The requirement that when any problems occur in the operation of the gate or any
violation of any section of this ordinance, the gate remain open and accessible until
the problem is resolved and/or the gate is service tested.
13. The requirement that proposed covered entry structures meet the minimum height
of no less than thirteen (13) feet, The width shall be no less than twenty (20) feet.
14. The requirement that any developer, Homeowners' Association, or other
responsible property owners proposing any gated community provide the City of
Owasso access assurance prior to installation of any approved gate. The access
shall be provided by an easement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services in the streets and
common areas as designated on the subdivision plat.
15. The requirement that the developer, Homeowners' Association, or other
responsible property owners provide for annual inspection of each gate to insure
each gate is tested to meet all of the construction requirements prior to it being
approved for operation or continued operation at any point the gate fails to meet
the standards. The requirement that verification of the access agreement and a
copy of the latest inspection form on file with the City Clerk and the Fire Marshal
including the contractor's name, address, and 24-hour-a-day telephone number(s).
The developer, homeowner's representative, or responsible property owner's
name, address, and telephone number shall be a minimum requirement for approval
of the annual inspection of the gate.
16. A requirement for a registration fee consistent with the latest City Council
approved fee schedule paid to the City for plan review and inspection fees of all
proposed gated communities.
Additional considerations may be included in the design criteria or ordinance for the
approval of gated communities. Among these considerations are:
• strobe light -triggered opener systems
• required residential fire sprinkler systems in the houses within the gated community
• required cardiac defibrillators accessible in central or duplicate locations within the
gated community
® required intrusion alarms in the houses within the gated community
• required looped residential telephone lines to the gate so that when dialing 911
from a house within the gated community, the gate automatically opens
• requirements for gates installed at apartment complexes or commercial facilities.
Other considerations may arise with more discussion and research ensuring the safety and
security of the citizens behind the gate, while affording the emergency responders a time -
sensitive response into the controlled area.
:pros and cons exist for the residents of developments and services with respect to gated
communities.
Pros
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
• Higher sense of security -often residents in gated communities feel a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type of
access.
• Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
Private and Public gated communities possibly provide a greater economic
benefit(as a selling point) to the city which may translate into more tax
dollars -whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides incentives to those who generally have more disposable
income.
• Higher probability in the apprehension of criminal activity from outsiders
in most cases persons that do not reside within the private gated community are
easily identified as being foreign to the area.
• Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
Cons -
The staff has also identified at least five (5) areas that may be disadvantages to law
enforcement with regards to gated communities;
® Emergency access to gated communities -several methods are used to access
gates leading into gated communities to include; key entry, keyless touch pad,
manned security, siren activation, radio frequency activation and lighting activation
and as in most cases they may prove to be dependable but not fail safe. Key entry
in most cases is dependable however logistically it is very difficult for emergency
services to maintain the key system, especially when multiple communities exist
within the jurisdiction as well as it can be time consuming when trying to gain
access. Keyless touch pads are somewhat difficult for police to manage and are
extremely volatile to anyone having the entry code. Manned gates are, in most
cases, more reliable but in many cases cost prohibited. Siren activation, siren
activation and radio frequency are all acceptable to being duplicated, warning
suspects to your arrival and are all acceptable to failure.
• Private vs. Public property- depending upon the classification of the property in
question dictates how the police respond. One example would be if the streets
remain public then police have no ability to remove a person that would normally
be considered a trespasser on private property. The opposite of that would be if
the streets were private very little traffic enforcement could result, exceptions do
apply. Many other examples can be cited.
• Segregation -Although not conclusive, research suggest that gated communities
strengthen the idea of segregation in a community therefore posing a risk to strong
cohesive relationship between the rich and poor in essences creating social divide
in the community.
• Crime perception vs. reality -perception is that crime is lower in gated
communities when in reality statistics show little difference partially in that most
people that can afford to live within gated communities can reside in
neighborhoods that have very little crime anyway.
• Crime in most cases is close to home- statistics show that most property and
person crimes are perpetrator by persons that either live close to victim or know
the victim.
The staff has been requested to research the legal issues surrounding implementation of an
ordinance authorizing gated sub -divisions within the Owasso community. While
numerous benefits and drawbacks may be presented by both those advocating and
opposing gated communities, the focus of this memo addresses potential legal issues and
liabilities the City might incur if an ordinance regulating gated communities, either on
private or public roads, were to be adopted by the City Council,
It should be noted at the outset that staff has been unable to locate a municipality within
Oklahoma, or any other state, that has authorized and allowed gated communities on
public roadways. Conversely, numerous cities have adopted ordinances regulating all
aspects of design, operation and function for gates placed on private roads. As a result, it
is well settled at this juncture that municipalities are soundly within their discretion to
allow placement of gates within sub -divisions wherein the roads are wholly owned by the
sub -division's homeowners. In stark contrast, however, there is a complete void of legal
authority establishing precedent for a municipality's ability to allow placement of gates on
public roadways.
Litigation Potential -
An informal poll of city attorneys from several municipalities revealed a unanimous belief
that tolerance or blessing of private gates on public streets by a municipality would
imminently result in litigation. As noted above, research of both federal and state
appellate decisions revealed no authority whatsoever which is supportive of a city's right
to allow gates on public roadways. However, it should be noted that while staff strongly
anticipated finding settled authority prohibiting the same, such was not the case. Although
the courts have spoken to ancillary and related issues on various occasions [lack of right
to privatize surrounding streets, Hicks v. Commonwealth of Virginia, VA. Ct. App.
(2004); lack of right to restrict a "traditional public forum" United States v. Kokinda, 110
S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to authorize gating of
public streets has not been addressed. In Kokinda, the United States Supreme Court made
clear that the public's use of public properties which are considered traditional public
forums, such as streets or sidewalks that are being used for lawful purposes, will be
allowed significant constitutional protection, and statutory attempts to encroach upon the
public's use are subject to intense judicial scrutiny.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination regarding the type, nature
and extent of liability potentially incurred by the City if an ordinance authorizing public
road gating were adopted. One possibility would be a private right of action asserted by a
taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been
utilized solely to benefit private parties rather than to benefit the public as a whole. While
a lawsuit of this nature might resolve successfidly in favor of the plaintiff, it should be
noted that the plaintiff' would be unable to assert any actual, real or provable damages
against the City. Judicial remedy would likely be restricted to injunctive relief against the
City compelling removal of the gates. Recourse for the City, in the face of such an
adverse verdict, could be as simple as requiring the homeowner's association to assume
ownership of the roads within the gated area.
An additional possibility, which would subject the City to greater liability than a taxpayer
right of action, is the potential for a plaintiff to file an action claiming impairment of his or
her constitutional rights under the 14t11 Amendment of the United States Constitution.
Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty interest
rights. In this instance, potential remedies are more significant. The initial prong of a
court's analysis would seek to determine whether or not a federal liberty interest has been
abridged by allowing placement of private gates on public roadways which restrict public
access. If such an interest is found to exist, the judicial standard of review would be strict
scrutiny. This is the highest form of judicial review and is only invoked by the courts
when a fundamental liberty interest, or some form of generally prohibited discrimination, is
at issue. Essentially, the City would be required to prove that allowing gates on public
roadways is the sole means by which it can accomplish an important and necessary
governmental objective. More often than not, ordinances are stricken as unconstitutional
under this standard of review.
Assuming that a fundamental liberty interest is not found to exist, a court would employ
the rational basis standard of review. Therein, an ordinance must permissibly and
reasonably set forth a means to accomplish an important governmental goal, and must not
be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the
courts in making these determinations is the rational basis test: Does the ordinance serve
some permissible, rational and logical need of the municipality? If the City could
sufficiently establish the necessity of private gates on public roadways under this analysis,
defense of the ordinance might be successful. This presupposes, however, that the
plaintiff is unable to mount a successful challenge on grounds of equal protection. The
standard employed by a court reviewing an ordinance alleged to violate the Equal
Protection Clause of the Constitution is strict scrutiny, as discussed above. In this
instance, a plaintiff would allege disparate treatment among the citizenry of Owasso based
on residence, and, by implication, wealth. Although wealth has not been recognized as a
protected class for purposes of equal protection, under strict scrutiny review an equal
protection challenge has some chance of success in the courts. Traditionally, the courts
have been protective of differing treatment by governmental entities which is based either
in fact or implication on the social status or wealth of individuals.
Conclusion
There are no significant legal issues created by the City's decision to allow placement of
gates on private roadways. Presumably, any delay in response time by emergency
personnel due to malfunction of the gates falls within the doctrine of assumption of the
risk. However, an ordinance permitting private subdivision gates on public roadways is
highly likely to result in litigation if challenged by a citizen. The City would have no legal
precedent upon which to base its defense and would be compelled to successfully establish
that a fundamental liberty interest is not present and that the ordinance is not violative of
the Equal Protection Clause. Litigation of this type is likely to be protracted and
expensive, and the outcome is uncertain at best. Therefore, staff recommends that any
ordinance passed by the City Council allowing the placement of private gates specifically
restrict installation of gates to private roadways, or, alternatively, at least refrain from
expressly allowing placement of gates on public roadways. Additionally, implementation
of additional specific guidelines mandating design and operation standards for the benefit
of public service vehicles is recommended.
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997).
The first group includes retirement communities, golf communities, and country club leisure
developments where the gates provide security and separation for the leisure activities within.
Entire municipalities are being developed in places like Southern California, Arizona, and
Texas that fit within this first category.
The second type of gated community includes neighborhoods that are valued as markers of
distinction and status, though the neighborhoods lack the amenities of the first group. Like the
first group, these neighborhoods are developer -built, and primarily suburban. The residents of
these gated communities range from the rich and famous to the working class. It appears that
most gated communities that are developed in Owasso would fall into this group.
The third category of gated community includes neighborhoods where trouble with crime or
traffic and fear of outsiders are the most common motivation for gates. In most examples of
these neighborhoods, residents, not developers, install gates and fences to their previously open
neighborhoods.
Benefits for the homebuyer -
There exist different reasons for households to find gated communities desirable. A gated
development's reputation is often attractive for households seeking status. Privacy and quiet
isolation may be preferred. Traffic is not as heavy in a gated community as it would be in a
non -gated counterpart. The perception of crime is lower when a neighborhood has a security
gate; indeed, a poll conducted by the Community Associations Institute reported that 70% of
gated community residents believed their community was safer than surrounding areas (Harris
and Evans, 1999). Properties inside gated developments can offer solid investments — a 2001
study on property values indicated that the expected sales price for a 2,500 square feet home
was 7.6% higher inside a gated neighborhood than a non -gated neighborhood with a
homeowners' association, and 25.9% higher than a non -gated neighborhood without a
homeowners' association (LaCour-Little and Malpezzi, 2001).
Benefits for the City -
The most compelling benefit for a municipality to allow gated communities is that a 1996
survey conducted by the National Association of Home Builders revealed that 47% of
homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows
neighborhoods to have gated entrances may realize a significantly larger pool of prospective
homebuyers than a city that does not.
Drawbacks for the homebuyer -
Some Owasso residents have indicated a reluctance to support a security gate because of the
noise it would generate while in operation. Another drawback is the increased cost of
homeowners' association dues as a result of gate maintenance. Additionally, deliveries and
guests would be inconvenienced when visiting households within a gated community. Postal
service and other services would be at the discretion of the service providers, unless the gates
were open at the time the services are delivered.
Drawbacks for the City —
According to conversations with planning and development departments elsewhere, many cities
have policies that gated communities do not receive police patrols, resulting in an increased
number of speeding motorists and a subsequent increase in the risk of traffic accidents. Those
conversations also reported a delayed emergency response time for fire fighting personnel
because of the time necessary to open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if collector
streets, roads that connect arterials, became gated. With gates across collectors, traffic
pressure would increase on the arterial system and detours, such as the current traffic route
through Ator Heights while North Garnett is being widened, might be less feasible.
Summary of general research
The findings of the staff s research indicate that gated communities can be a very divisive issue.
Many planners regard gates as part of a troubling trend to limit access to residential and other
areas, "representing a retreat from the public realm... a dramatic manifestation of the fortress
mentality growing in America," (Blakely and Snyder, 1997), The development patterns
established by gated neighborhoods are perceived as deleterious to the social fabric by the
entertainment industry, the media, social workers, and have even been the subject of science
fiction novels (Le Goix, 2003). An activist organization calling itself Heavy Trash has even
been formed that places viewing platforms near the entrances to gated communities in Los
Angeles so that passersby can look into the gated communities,
However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance
property values cannot be overlooked. The primary appeal of gated communities is their
promise of improved security (McGoey, 2005). Most gated neighborhoods share three general
points: 1) A homeowners' association. Existing associations require compliance with
covenants and deed restrictions before homeowners finalize their paperwork. If the covenants
are not already established, unanimous agreement is required. 2) A near consensus among the
residents that gating is desirable. 3) Usually, the neighborhood is bordered by a natural or
man-made boundary so that gating a few key access points will provide adequate security.
Most homeowners like to feel a part of a community. They expend some effort to create or
seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of this
effort, gated communities can be seen as attempts to recreate the idealized small American
town where everyone knows and cares about each other.
The following findings from the staff share one basic characteristic -- that provisions should be
developed allowing for gated neighborhoods. Taken together, the recommendations call for
gates to be allowed only on private, non -collector streets and under the guidelines of specific
criteria to be adopted by the City.
From Public Works: Gated entrances have no significant impact on our ability to
provide water, sewer, refuse collection and street/drainage maintenance services.
If used excessively, they could result in the dismembering of the City's residential
street network, overloading alternate routes. On the other hand, when used
appropriately, gates can provide an attractive amenity to our residents.
2. From Fire Department: The staff recommends that strict criteria be adopted for the
installation of gates into developments.
3. From Police Department: It is the recommendation of the staff that strict guidelines be
developed regarding emergency services access and that the streets and sidewalks be
privatized.
4. From City Attorney: The staff recommends that any ordinance passed by the City
Council allowing the placement of private gates specifically restrict installation of gates
to private roadways, or, alternatively, at least refrain from expressly allowing placement
of gates on public roadways. Additionally, implementation of additional specific
guidelines mandating design and operation standards for the benefit of public service
vehicles is recommended.
From Community Development: The staff recommends that the City of Owasso create
provisions that allow for the development of gated neighborhoods. Further, the staff
recommends that gated neighborhoods only be allowed on streets that do not provide
connections between arterials.
On January 17, 2006 the City Council conducted a public hearing to solicit citizen input about
gated communities. One citizen spoke to the council during this hearing, and that citizen
expressed a concern that neighborhoods behind gates become a target for criminal activity such
as vandalism.
Attached is proposed Ordinance #837 that would allow gates in Owasso subdivisions. The
ordinance was developed by the stall, using the above findings as its basis. Ordinance #837
would allow gates only on private streets and would not allow gates on collector roads.
The staff recommends approval of Ordinance #837.
ATTACHMENTS:
1. Proposed ordinance
2. Memorandum from Ana Stagg
3. Memorandum from Bradd Clark
4. Memorandum from Dan Yancey
5. Memorandum from Julie Lombardi
6. Memorandum from Eric Wiles
J.'alwaimm
BLAKELY, E. J. & SNYDER, M. G. (1.997). Tortress America, Gated Communities in the
United States, Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln
Institute of Land Policy.
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real
Estate Center Journal, 1323 (July 1999), 50-52,
LaCOUR-LITTLE, M. & MALPEZZI, S. (2001). Gated Communities and Property Values.
A paper presented to the American Real Estate and Urban Economics Association.
LE GOIX, R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA,
UCLA International Institute,
McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.