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2018.01.09_Worksession Agenda
This meeting is a work session for Council /Trustee discussion only. There is no opportunity for public comments at work session PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, January 9, 2018 - 6:00 pm 1. Call to Order Mayor /Chair Lyndeli Dunn 2. Presentation and discussion relating to the annual financial audit Linda Jones Brittney Wycoff, RSM US, LLP John Manning, Audit Committee 3. Discussion relating to Community Development items Bronce Stephenson ��� \Njev w go ", `` y� . � ice JO GOO A. Easement Closure - Mingo Crossing (south of E 106 St N & N Mingo Rd) B. Zoning -OZ-17-09 Club Villas at Bailey Ranch (SE comer- E89 St N & N Mingo Rd) 4. Discussion relating to Public Works items Roger Stevens A. Stormwater Management Program - proposed ordinance B. Coffee Creek Lift Station and Force Main Improvements - proposed Sewer Assessment Area ordinance 5. Discussion relating to proposed amendments to the Code of Ordinances Julie Lombardi A. Part 1, General Provisions B. Part 2, Administrative & Government 6. Discussion relating to traffic signal enforcement Warren Lehr 7. Discussion relating to City Manager items Warren Lehr • Hazard Mitigation Grant Program • Resolution - Tulsa Regional Chamber 2018 OneVoice Regional Legislative Agenda • Monthly sales tax report • City Manager report B. City Council /Trustee comments and inquiries 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, January 5, 2018, Sherry Bish , City Clerk nos"5co> The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Annual Audit DATE: January 5, 2018 Each June 30 fiscal year end, the Owasso City Charter and State Statutes require the city to have an annual audit performed by a certified public accountant. The city's Finance Department is responsible for the coordination and preparation of the annual audit. The annual audit is the basis for communicating the financial condition of the city and its affiliated entities. In August 2006, City Council took the progressive action of establishing an Audit Committee by Ordinance. The Audit Committee has been a vital component in achieving transparency for the citizens of Owasso and the governing body. The Audit Committee is comprised of five voting members and two ex- officio, non - voting members. The committee is required to include one banker, one business person, one non - practicing certified public accountant, and a City Councilor in the second year of their term. Current members include John Manning, Chair, non - practicing C.P.A.; Kevin Cavanah, CFO of Matrix Services; Guion Nightingale, businessperson with Williams Companies; Todd Ward, banker, RCB Bank; and Councilor Doug Bonebrake. Non- voting members of the committee include the City Manager and Finance Director. Each year, the Audit Committee makes a recommendation to the City Council to approve a contract with an independent accounting firm to perform the city's financial audit. Each year after completion of the audit, the Audit Committee meets with the auditor to review and discuss the financial statements and to consider any findings or recommendations of the auditors. Brittney Wycoff, C.P.A. and Jake Winkler, C.P.A. of RSM US, LLP will meet with the Audit Committee on January 9, 2018. Brittney Wycoff, C.P.A. of RSM US, LLP and John Manning, Chair of the Audit Committee, will present the audit to the City Council at the January 9, 2018, work session. Mr. Manning, Chair of the Audit Committee, will make recommendations, if any, to the City Council regarding the annual audited financial statements and the management letter submitted by the independent auditor. To facilitate the review process, Councilors will be provided with copies of the audit in advance of the work session. Both Brittney Wycoff and John Manning will be present to answer questions regarding the audit and financial statements. The audit report is filed with the State by the auditor and does not require authorization or approval by the City Council. Receipt of the audit will be listed under the Official Notices to Council in order to create a record in the minutes that the audit report has been received. REAL People •REAL CAareeler• REAL Commwly TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Utility Easement Closures — Mingo Crossing DATE: January 5, 2018 BACKGROUND: The Community Development Department received a utility easement closure request for property located approximately one - quarter mile south of the intersection of E 106th St N and N Mingo Rd. The property was annexed in September 2017 with Ordinance 1108, and OPUD 17 -02 for a single- family residential subdivision called Mingo Crossing was approved for the property in October 2017. Two (2) easements are requested to be closed: a twenty (20) foot permanent sanitary sewer easement and a fifty (50) foot temporary construction easement. Both of these easements follow the same path across the subject property. The easements are no longer necessary as the Mingo Crossing development will realign the sewer lines in the area. The subject easements were originally filed in 2008, in Tulsa County. Typically easements are assigned one document number when filed in the County. In this case, each of the two (2) subject easements had two (2) document numbers assigned to it. This is because there were two (2) trustees for the property, and they each signed paperwork dedicating the easements to the City of Owasso on different days in different counties in Texas. The document numbers for the temporary construction easement are 2008030912 and 2008030913. The document numbers for the permanent sanitary sewer easement are 2008030914 and 2008030915. Staff has determined that the legal descriptions between the documents that reference the same easement are identical. Therefore, while there are four (4) County documents referenced in this utility easement closure request, there are only (2) easements that are the subject of this case. The temporary construction easement was established "for a period of not more than 12 months after the accepted completion of the sanitary sewer line by the City of Owasso." Once the sanitary sewer line was constructed and completed, the temporary construction easement would have become null and void, leaving the permanent sanitary sewer easement in place over the sewer line. However, construction of the sanitary sewer line never occurred, therefore, the temporary construction easement still exists on the property, along with the underlying permanent easement. A closure and vacation process needs to occur to ensure that these two (2) easements are completely removed from the books. Staff sent notification of the proposed easement closures to adjacent property owners on December 15, 2017. As of the writing of this memo, staff has not received any comments or questions from the public. TECHNICAL ADVISORY COMMITTEE: No comments or concerns were voiced at the Technical Advisory Committee meeting on December 20, 2017. PROPOSED ACTION: Staff will recommend approval of the Ordinance closing the easements. ATTACHMENTS: Aerial Map Legal Exhibits Doc# 2008030912 Pages 3 Receipt# 976487 Fee 17.00 03/26/08 15:31:38 ������ ����� IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII III IIII IIII w000976487010:E '67B3)11L=:ti` --O TEMPORARY CONSTRUCTION EASEMENT m98i101(74tf11 Partnership KNOW ALL MEN BY THESE PRESENTS: That the undersigned, DEBORAH MOREE SHAFER and CO TRUSTEES OF THE MOREE G. MORRIS TESTAMENTARY TRUST pursuant to the Last Will and Testament of the Decedent, owner(s), of the inal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar (S1.00), cash in hand, paid by the City of Owasso, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, doles) hereby grant and convey onto the said City of Owasso, County of Tulsa, State of Oklahoma, a temporary easement, through, over, and under, and across the following described property, situated in said County, to- wit: See Attached Exhibit's °A" & `B" for a period of not more than 12 months after the accepted completion of the sanitary sewer line by the City of Owasso. This grant of temporary right to use and occupy is given for the purpose Of permuting the City of Owasso, its employees, representatives, agents, and/or persons under contract with it, to use said described property for construction of a sandary sewer line. That the Owner(s) agree that this temporary construction easement shall be binding upon their beirs, executors. adminishators and personal representatives during the term hereof and further agree that In the event the premises covered by this temporary construction easement are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. TO HAVE AND TO HOLD such casement unto the, City of Owasso, Oklahoma its successors and assigns, for the period stated above. IN WITNESS WHEREOF, the parties have caused this instrumetd m be executed this a day f- rn of n�2008 EB RAH MOREE SHA E R, JANINE INEZ MORRIS COMEAUY, Co- State ACKNOWLEDGMENT Before me, th dersrgn , Notary Public within and for said County and State, on this day o 2008, personally appeared Deborah Moree Shafer and daeine IM-Mew rrfeareeatt as Co- Trustees of the Moree G. Moms Testamentary Trust dated to me known to be the identical person(s) who executed the within and foregoing instrument and as the free and voluntary act and deed men Co-Trustees for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affi my official seal the day, ang.� year last above written. My Commission expires: Notary Public a DONNALGISEY SMEEOOFT�EXAS My Cann ev. a4&=o Appro d as to Form: L ity Attorney (I1 =G =���Clll J ' j�l DECI42017 c� - -- M0.00se TULSA ABSTRACT & TITLE CO, 812 S. DENVER AVE. ._..rill CA nY 7AI10 Exhibit ",V' I.eeal Deacr(ntim Temporary Conatimetion F> emeut A tract of land in the Northwest Quarter (NW 14) of Section 18, Township 21 North, Range 14 East of the Indian Base and Meridian, Tuisa County, Stawof Oklahoma, according to Ole U.S. Government Survey thereof, said tract of land being described as follows: Commencing at the Northwest comer of said Section 18; thence S0005TOTT along the western section line a distance of 2631.68 feet to the Westem Quarter (W I/4) comer of said section: Thence N88044'28 "E a distance of 214.48 feet to the POINT OF BEGINNING: Thence N88 °44'28" E a distance of 6458 feet: Thence N38 000'33 "E a distance of 558.17 feet; Thence NOl 028'04 "E a distance of 486.19 feee Thence N22 003'02 "E a distance of 418.37 feet: Thence S89000'1 rW a distance of 5434 feet: Thence S22°03'02 "W a distance of 406.17 feet: Thence S01 °28'04 "W a distance of 478.76 feet: Thence 538000'33 "W a distance of 582.54 feet; to the Point of Beginning, said tract contmnmg 73,2259 situare feet, or 1.68 acres, more or less �� oecl4suii --- - -- � uy — — EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ewatsuv mv¢vaa s2mww 4 I 6�6 -'•I I ' I 58 00 4.34' / PROPERLY (JNE / 522'03'02 ' .PY ( N2203.02 f 406.1 FLOOD �' / qlg j7• YEAR V/ i ; m FLOOD PLAIN _ 41 ( PROPERtt N ((� ME I� :I i II N SOl '28' 1V I I 478 76 `' y i —NO! 466.19 --- __ —_ —_ 1 I I I 50' is I :TEMPORARY CONSTRUCTION 11 (I� EASEMENT J It !I S38MO'33 "W / 582.54' III P.O.B. %Ff%/ X / W.E. / 155a N13"E I �/ N88 44'28"E' P %/ 1558.1T 214.48 "J M86'44 "28 "E NO C. KII — .� x�r � tlre�en SFLILVH r rtw4r- l i 0 50 100 200 300 LL DEC 1 � [017 Doc# 2008030913 Pages 3 Receipt# 976487 03/26108 15:31:55 Fee 17.00 W000976487011xi dW3C679DPi,%WW *# —.1 TEMPORARY CONSTRUCTION EASEMENT Partnership KNOW ALL MEN BY THESE PRESENTS: That the undersigned, and JANINE 1NEZ MORRIS COMEAUX, CO TRUSTEES OF THE MORES G. MORRIS TESTAMENTARY TRUST pursuant to the Last Will and Testament of the Decedent, owner(s), of the legal and equitable title to the followmg described real estate situated in Tulsa County, State of Oklalwma, for and in consideration of the sum of One Dollar ($1.00), cash in hand, paid by the City of Owasso, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, doles) hereby grant and convey unto me said City of Owasso, County of Tulsa, State of Oklahoma, a temporary easement, through, over, and under, and across the following described property, situated in said County, to- wit: See Attached Exhibit's °A^ &'B" for a period of not more than 12 months after the accepted completion of the sanitary sewer line by the City of Owasso. This grant of temporary right to use and occupy is given for the purpose Of permitting the City of Owasso, its employees, representatives, agents, and/or persons under contract with ik to use said described property for construction of a sanitary sewer but. That the Owner(s) agree that this temporary construction easement Shall be binding upon their heirs, executors, adminishamrs and personal representatives during the term hereof and further agree that in the event the premises covered by this temporary construction easement are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the eiustenoe of this temporary grant and that said sale during said term shall be made subject to the rights herein given. TO HAVE AND TO HOLD such easement unto the, City of Owasso . Oldahoma its Successors and assigns, for the period stated above. C/) fN I ESS WHEREOF, the parties have caused this instrument to be executed tfi day of _ 2008 DEBORAH MOREE SHAFER, Co-Trustee JAIPNE INEZ MORRIS COMEAUX, Co-Trustee State ofT-W ) County of ACKNOWLEDGMENT f L Bpfgji; me, the a rat , allotary Public within and for said County and Stab-, on this �_ day of 2005, personally appeared Selietah Me'eme 61 afet and Janine 1 h 's Con eaux as o- Tmstecs of the Morce G. Moms Testamentary Trust dated %� to me (mown to be the identical piirson(s) who executed the within and foregoing instrument and as the free and voluntary act and deed such Co-Trustees for the uses and Purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ffiaal seal the day year last above written.I My Commission expires otary Public CHRISTINA ANN PERRY Notary Public STATE OF TEXAS App ed to to Porto: lU Cann EV. July S, 2011 /k L(.(.7GQi . City Attorney j DEC 1 4 27111 J By-- — TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE. Exhibit °`A" Legal Description Temnormv Construction Easement _ - A tract of land in the Northwest Quarter MW /4) of Section 18, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S, Government Survey thereof, said tract of land being described as follows: Commencing at the Northwest comer of said Section 19; thence S00°57702 "E along the western section line a distance of 2631.68 feet to the Western Quarter (W 1/4) comer of said section: Thence N88 944'28 "E a distance of 214AS feet to the POINT OF BEGINNING: Thence N88 044'28" E a distance of 64.58 feet Thence N38 000'33 "E a distance of 558.17 feet Thence N01 °28'04 "E a distance of 486.19 feet Thence N22 003'02 "E a distance of 41837 feet: Thence S89000'1 rW a distance of 5434 feet Thence S22003'02"W a distance of 406.17 feet Thence S01 028'04 1V a distance of 478.76 feet: Thence S38 000'33 "W a distance of 582.54 feet to the Point of Beginning, mid tract containing 73,225.3 square feet, or 1.68 acres, more or less �'�� DECI 4 ?O11 1111 vy, U EXHIBIT "B TEMPORARY CONSTRUCTION EASEMENT ewusuv ♦.rcaaeF seenavn 6.6. 1 I I S ogle ' -- - - -- /__ 4.34 - - - -_ -�I PROPERTY VNE J 822'0 02'& 1 h22Yld'02 E 406.17' l 418J7' 100 -YEAR L' FLOOD PLAIN UNEE PROPERTY/ L N / .W r 0 1 I ' 1 i/�6ss s 1 Jjji 3012B 78.7a "04 -W 4 TEMPORARY CONSTRUCTION III EASEMENT I. l I� 538582.5 '. 582.54' i /Xv i!F.Y IlfP.O. 7 , / N3847033 E WI III N884428 E, I iJ88'44'2B'�E� 6s. s HON II S� CSR i �`, / 64.58'...1: a i�i1 EECi 42017 �� L` o w in zoo Pao tl i�i1 EECi 42017 �� L` Doc# 2008030914 Pages 3 Receipt# 976487 03126108 15:32:12 Fee 17.00 Ix000976487012w (KMABMAU 8 TITLE(-. M BB40RIALK10 SOLIMPI- SIllo"At UTMITYEASEMENT 111ISAOK74133 PUBLIC XM R59 W KNOW ALL MEN BY THESE PRESENTS: That all undersigned, Testament of the Decedent Owner(s), of the legal and equitable title to the following described . real estate situated in Tulsa County, State of Oklahoma, "Grantor," in consideration of the sum of One Dollar (SI.00), cash m hand, recerot of which is acknowledged, do hereby assign, grant and convey to the City of Owasso. Oklahoma, its successors and assigns, "Grantee^ a utility easement over and across the following described real property and premises, situated in TULSA County, SIM of Oklahoma, to wit: SEE ATTA MD E=BI_TS "A" & "Bn with right ofingress slid egress to and from the'same, for the purpose ofconslructing and maintaining apublic sanitary sewer line twenty feet (20.00) in width. Grantor agrees notto build or construct any building or buildings upon the Easement area. However, Grantor expressly reserves the light to build and construct sidewalks, streets and driveways, water maths, gas lines, electrical Imes, and other public service facilities across said promises hereto described. Thee is further granted the right to remove any axe or parts of trees, which in the judgment of the Grant= may interfere with the construction of the applicable utilities. TO HAVE AND TO HOLD such easementonto the, City ofOwasso. Oklahoma ft mocessots and assigns, forever. IN WITNESS WHEREOF, the parties have caused this instrument to be executed this A [ day of K �t`t94— 2008 i E ORAHMOREE 914AYM Cii -Estee JANINE INEZ MORRIS COUEAU7, Co-Trustee ore m the undersi ed, a Notary Public within and for said County and State, on this � I � day of _ 202L pemonagy appeared Deborah Mom Morris an Co- trustees of the Moree G. Moms Testamentary Trust to me known to be the identical person(s) who executed the within and foregoing instrument w the free and voluntary act and deed of such Co- Trustees for the uses antl purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my had and affix y official seal the day and year last stove written. Q /t My Commission expires: O - y— lO DONNALCASEY Notary Public Notary RdiRo ! �-^l�. 81](fEOFTFj(Ag •''rf.2:}Q�• Mfr CWM E)qx 34-2010 Approved as to porn: ritrr a ity Attorney „ IlllDEC 147017`1111 By TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE. /� ..TULSA. OK 74119 J Exhibit "A" Leeal Description Public Utility Easement A tract of land to the Northwest Quarter (N W /4) of Section 18, Towmuip 21 Norm, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows: Commencing attheNorthwestoomerofsaid Section 18; thence S00°57'02"Ealong the western section line a distance of 2631.68 feet to the Western Quarter (W 1/4) comer of said section: Thence N88 044128 "E a distance of 279.07 feet to the POINT OF BEGINNING: Thence N38 °00'33 "E a distance of 558.17 feet; Thence N01"28'04 "E a distance of 486.19 feet: Thence N22 °03'02 "E a distance of 4i g37 feet ThenceNS9°00'18"E a distmrceof21.73 feet. Thence S22'03102 "W a distance of423.24 feet: Thence SW 28'04"W a distance of489. t6 feet: Thence S38 °0033"W a distance of 548.42 feet; Thence S88 °44'28 "E a distance of 25.83 feet to the Point of Beginning, said tract containing 29235.62 square feet, or 0.671 acres, more or less DEC 1 4 2017 11//1111 EXHIBIT "B" PUBLIC SANITARY SEWER EASEMENT II� 616.31 I 1 I{ �1 I N89W'18'E! f I I 21.73 �J �i PROPERTY uNEJ r /i —f � m _ —_ - - -N- 2 2 418.j7 / S22A'0 ? W 100-YEAR 42A24 FLOOD PLAIN _ m / PROPERTY LINE Il,in iii i 1 m I sai I s r2e'o4'w. i I1 N0486.19 E I I i 489.76' 486.7r I 20' .� SANIAI SEWER EA I /\ EASEMENT II� M785080.TJr j \ {/ P.O.B. \ %/ Vol -j �I{N88'44`28Y •, �// 548.42 \ \\ 279.077 , • / / — ._ _ . G BW,acss� / — =j-- 9 m 1m zm sao DEC 1 4 2011 Doc# 2008030915 Receipt# 976487 Fee 17.00 ft WdWFAALR f At)e174138 iaa .. X18 A Pages 3 03/26/08 15:32:37 A000976487013w ufiLrrY EASEMENT PUBLIC KNOW ALL MEN BY THESE PRESENTS: That all undersigned, Testament of the Decedent, Owne0 s), of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, "Grantor,- in consideration of the sum of One Dollar (S 1.00), cash in hand, receipt ofwbioh is acknowledged, do hereby assign, grant and convey to the City of Owasso. Oklahoma, its successors and assigns, "Grantee" a utility easement over and across the following described real property and premises, situated in TULSA County, Stan of Oklahoma, to wit. SEE ATTACHED EXHIBITS "A^ & "B^ with right ofingress and egress to and fmmthe'same, for the purpose ofconstruoting and mainWnmgaPublic sanitary sewer line twenty feet (20.00) in width. Grantor agrees not to build or constructany building or buildings upon the Easement area. However, Grantor expressly reserves the right to build and construct sidewalks, streets and driveways, water mams, gas lines. electrical lines, and other public service facilities across said Premises herein described. There is further granted the right to remove any tree or Paris of trees, which in the judgment of the Grantee may interfere with the construction of the applicable utilities. TO HAVE AND TO HOLD such easement untothe, City of Owasso, Oklahoma ds successorsand aargns, forever. IN W ESS WHEREOF, the parties have caused this instrument to be executed this A o'day of 2008 DEBORAH MOREE SHAFER, Co-Trustee -CJ 4:f I , \ j AA,— IAY1/1 TINE INEZ MORRIS COUEAUX, Co- Trustee State of.{ -,�) County o (l'P IVI l� ACKNOWLEDGMENT Before me he undersi ed, a Notary Public within and for said County and State- on this 16 day of _ _29 Personally appeared Jame Inez Morris Comeauxas Co- trustees of the MO= G. Moms Teslameotary Trust to me known to be the identical Person(s) who executed the wither and foregoing instrument as the free and voluntary act and deed of such Co-Trustees 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 last above written. _ My Commission expires: Notary Public ('jJJ Notary Public '' STATE OF TEXAS App ro edastoporm: My Oomm.Exp.July5,20l1 Otiy�c7i Attorney L�O420'17 +� TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE. TULSA. OK 74119 Exhibit G°A" Lanai Description Pablic Utility Easement A tract of land in the Northwest Quarter (N W /4) of Section 18, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows: Commencing attheNorthwest comer ofsaid Section 18; thence S00°57'02"Ealongthe western section line distance of 2631.68 feet to the Western Quarter (W 1/4) comer of said section: Thence N88 644'28 "E a distance of 279.07 feet to the POINT OF BEGINNING: Thence N38"00'33 "E a distance of 558.17 feet Thence N01°28704"E a distance of 486.19 feet. Thence` N22 °03'02 "E a distance of418.37 feet ThenceN89 °00118 "Ea distmtceof21.73 feet Thence S22 °03'02"W a distance of423.24 feet Thence S01 li'04 "W adistsnce of 489.16 feet Thence S38°00'33 "W a distance of 548.42 feet Thence S88"44'28"E a distance of 25.83 feet to the Point of Beginning, said tract containing 29135.62 square feet, or 0.671 acres, more or less �i jL��Qt�f�D lu��� �`C14201i BYE_ .vvvvly� i"J. , vi EXHIBIT "B" L_JPUBLIC SANITARY SEWER EASEMENT mxso✓ SFC1A]V /0 xnxame as�l I 21.73' N8 21.73' \-� J PROPERTY GNEJ — - N72L3'02 E r' /1 :522v3'p� -ly II FLOW PL 41637'`� 42324 m FLOOD PLAIN PROPERTY LINE o II I n i 1 I�o 1II l i I°n 489. 16 ' N0128'04 E I 48619' I . lI �{ 20 SANIAT SEWER EA SEMENT iI N 556117 E' I P.O.B. I i� 548.42 279. OZ. u fll l _ — zss N88'4428 2OT7 , 1 W a. ss� 1.R n o � sa0nvm raix nme 0 50 100 200 300 !'�s�GuP]Gff11 I � DDC 1 4 2017 U I ay REAL People • REAL Chaaclar •REAL Community TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Rezoning (OZ 17 -09) - SE Comer of E 89th St N and N Mingo Rd DATE: January 5, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the southeast corner of E 89th St N and N Mingo Rd. The subject property is within PUD 9 for the Bailey Ranch Golf and Community Development. The applicant is seeking a rezoning from RS -3 (Residential Single - Family High Density) to RNX (Residential Neighborhood Mixed). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Single- Residential & Residential & City of Owasso Land Use Plan Family High Density) Golf Course Parks /Recreation Within Overlay District? No AG (Agriculture) & City of Owasso Applicable Paybacks Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Storm Siren Fee ($50.00 per acre) South RS -3 (Residential Single- Utility & Public /Institutional Tulsa County & Family High Density) Residential & Transitional City of Owasso East RS -3 (Residential Single- Family High Density) Golf Course Parks /Recreation City of Owasso West AG (Agriculture) Residential Transitional Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 7.76 acres Current Zoning RS -3 (Residential Single - Family High Density) Proposed Zoning RNX (Residential Neighborhood Mixed) Proposed Use Senior Housing Lots /Blocks 1 Lot, l Block Land Use Plan Transitional Within PUD? PUD 9 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Storm Siren Fee ($50.00 per acre) ANALYSIS: The subject property is a part of PUD 9, also known as the Bailey Ranch Golf and Community Development PUD that was adopted in April 1991 with Ordinance 429. The general area covered by PUD 9 is east of N Mingo Rd, reaching from E 96th St N to just south of E 86th St N. The PUD established various types of residential zoning as well as commercially -zoned areas within its boundaries. Within the PUD document, the subject property in this rezoning request was originally called out for Residential Patio Homes and was zoned RS -3 (Residential Single - Family High Density). The applicant is requesting a rezoning from RS -3 to RNX (Residential Neighborhood Mixed) with the intention of creating a senior housing development on the property. RNX zoning allows residential density of up to 12 units per acre, which will permit the density being sought by the proposed senior housing development. The PUD document permits the transfer of units between development areas as long as the overall density allowed within PUD 9 is not exceeded. Rezoning the subject property from RS -3 to RNX essentially increases the number of units allowed to be developed on the property, which in effect decreases the number of units available to develop on the rest of the property within PUD 9. The PUD document allows for a total of 2,335 dwelling units for both single- and multi - family residences within the entirety of PUD 9. Currently, 939 units have been built, leaving a balance of 1,396 units still available to be developed. A zoning of RNX on the subject property, which is 7.76 acres in size, would only allow a total of 93 units to be developed on the property. This number of units would not cause the overall density within the PUD as a whole to go over the allowed amount. This rezoning request is seeking to allow a higher density of units than was originally called out for in the PUD document for the subject property. Therefore, as per the PUD requirements in the Owasso Zoning Code, a Minor PUD Amendment is being administratively processed concurrently with this rezoning request to approve the transfer of allowed units to the subject property. Any development of the property will have to follow all City of Owasso development standards. The Final Plat for this development will be presented for consideration and recommendation at a later date. The GrOwasso 2030 Land Use Master Plan calls out this property for transitional land uses. As the property is adjacent to an apartment complex to the south and a neighborhood of patio homes to the north, a senior housing development would act as a good land use transition between the existing surrounding residential developments. Therefore staff has determined that a senior housing development with a zoning of RNX is an appropriate land use for the property and is in compliance with the GrOwasso 2030 Land Use Master Plan. The City of Owasso would provide sanitary sewer, Fire, Police, EMS, and water service to the property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION The Planning Commission will consider this item at their regular scheduled meeting on January 8, 2018. PROPOSED ACTION: Staff will recommend approval of the rezoning request. ATTACHMENTS: Aerial Map Zoning Map GrOwosso 2030 Land Use Master Plan Map PUD 9 Documents PUD 9 Zoning Map Jl "1 .'i.'J a/: f :?i I t.., ,t I • ' -'i ! I 1 Pr k �{',rld$ t` PT �'.•V� , :.4j i°'I`-`� � ji.�{ P'�� I;':r�(�P, rnR C M14,1 4 1j ♦ { 1 � 1 X1:1 ti IJ l a r r Z`F pc' I}q 9 � \.• �l (y}(���j� 4- _ ,yam ;' Subject Tract Awr c` _ r sli: J �.♦ J }rte, pi/ 6 v a Si I � d I ro / s I Q "'TT44...,jyr „''A^ isr� I ;iAfi t. p Y�1`. � P .�.� �} .L�: I.ytj.}'+M 1 `t 'V �' r I / 1. y������•. 4113 fti d.� . �..,' �• �.'�.' � / �, tit1' -. I .; ;( tlirtxl5•n ' ;`�1elj kn��}� �'7 t.fh. t . ` • - ,: < ice♦ \ n,� �Y I- _. jw� i � - 1G'}�'i.�Plyea.A� rwcV .� f � �"�� � '�"�� �. C� � fr uuav:v4 fYaZrcd' e P tlk'fL itt k1k, by Al ly Note: Graphic overlays may J ./ J �] 0 100 200 400 not precisely align with physical ®SUbJECi OZ / / -09 1 I 1 I I features on the ground. Tl2Ci 1921 -14 Aerial Photo Date: February 2016 Feet +— Zoning Map OZ 17 -09 Land Use Categories - Commercial _ IndushiallRegicnal Employment Neighborhood Mixed Use (Light Office, Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) ParksrRecreation - PublidlnslitutionaVOuasi Public Residential (Single familq detached housing) Transitional (Attached housing, duplexes, offices) ® US-169 Overlay District ® 'Glenn-Mur Addition Special District ® "Do v atom Development District 1ODyr Floodplain Planned Troil/OnStreet Bikeroutel �— Complete Street Existing boil A Fire Station Existing Public School 0 Future Public School *. Civilian Airstrip ® Future Park and Rldelrmnsit Stop © Hospital Q Public Park o Goff Course A Cemetery c C GrOwasso 2030 Land Use Master Plan OZ 17 -09 LEGEND Land Use Categories - Commercial - Inmatria9Regional Employment Neighborhood Mixed Use (Light Office, ® Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) ParkslRecreation - PublidlnstitutimaVOuasi Public Residential (Single famiy detached housing) O Transitional (Attached horsing, duplexes, offices) ® LIS-169 Overlay District ® 'Glenn- MurAddition Special District ® "Downlown Development Disldct 1fllyr Roodplain Planned TmilfOnStreet Bikerouted Complete Street Existing fell A FmStation Existing Public School g Future Public School .1. Civiban Airstrip Future Park and Pode/?mnsil Stop © Hospital Q Public Park o Golf Course 4t Cemetery 0 Subject Property 5 M 0 M= 0= 0 0 a 0 M 111111 1 *� f __I t i A i I i E 86th St N PUD9 UAUSM& SUMMARY Project Area ±428.2 brcbs acres ±411.3 net acres Total MaximumtAllowable Dwelling Units 2,335 dwelling units Development Areas • Residential Single - family Detached (RS -3) - total Area ±394.6 gross. acres - Maximum Allowable Dwelling Utsits.,(5:2 DU /ac.) 2,052 dwelling units s Residential Multi=family (RM -1) `total Area *23.6 gross acres - Maximum Allowable Dwelling Units (12 DU /ac.) 283 dwelling units • Commercial Shopping (CS) - Total Area ±10.0 gross acres - Maximum Allowable Floor Arca 217,800 square feet - Floor Area Ratio 5 I • Actual floor area to be detennined by, parking, building setback and landscaping requirement . .4. PUD .UNU TBA -NSPER �I sd The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Charlene Lawrence Pretreatment & Stormwater Manager SUBJECT: Stormwater Management Program Amending Part 18, Chapters 1 & 2 DATE: January 5, 2018 BACKGROUND: November 1, 2015, Oklahoma Department of Environmental Quality (ODEQ) issued the City of Owasso an OKR04 Municipal Separate Storm Sewer System (MS4) Permit to release to the Waters of the State of Oklahoma. The Public Works staff began reviewing Part 18, Chapter 2, Stormwater Management Program of the City of Owasso Code of Ordinances. Review of the Stormwater Management Ordinance revealed the need to develop a section specifically focused on a Stormwater Management Program that will enable staff to effectively monitor and control the discharge of pollutants into the City of Owasso Municipal Separate Storm Sewer System (MS4). PROPOSED ORDINANCE: The changes to the current Stormwater Management Ordinance, Part 18, are the addition of Definitions and abbreviations in Chapter 1 and the addition of General Limitations, Prohibitions and Requirements for Illicit Discharge and Elimination, Construction and Post - Construction in Chapter 2. The proposed Stormwater Management Program Ordinance would do the following but is not limited to: • Authorize the City to establish a Stormwater Management Program for the control of pollutants from stormwater runoff. • Provide for health, safety and welfare of the citizens of Owasso by the regulation of non- stormwater discharges to the City of Owasso Municipal Separate Storm Sewer System (MS4). • Establish methods for controlling the direct or indirect introduction of pollutants into the Storm Sewer System. • Comply with requirements of the Clean Water Act (33 U.S.C. 1251). • Comply with requirements of the National Pollutant Discharge Elimination System (NPDES) and Stormwater Regulations (40 CFR Part 122). • Comply with requirements of the Oklahoma Pollutant Discharge and Elimination System (OPDES) Permit requirements (OAC 252;606- 1- 3(b)(3)). • Enforce the Oklahoma Department of Environmental Quality (ODEQ) Municipal Separate Storm Sewer System (MS4) Stormwater Permit OKR04 issued to the City of Owasso in 2016. • Enforce the ODEQ Construction General Permit OKR10 to control stormwater runoff from developments and construction sites issued by ODEQ effective October 18, 2017. • Enforce the ODEQ Industrial General Permit OKR05 to control stormwater runoff from industrial facilities issued by ODEQ July 5, 2017. • Require Developers and Builders to implement best management practices (BMPS) as specified in the Owasso Stormwater Management Program and the ODEQ Construction General Permit OKR10. PUBLIC MEETING: In October 2017, the City of Owasso Public Works Staff held a Public Meeting for developers, builders, industries and citizens of Owasso. The purpose of the meeting was to provide a venue for staff to explain the reasons for and the requirements of the Oklahoma Department of Environmental Quality (ODEQ) mandated Stormwater Management Program for the City of Owasso. PROPOSED ACTION: An item has been included on the January 9, 2018, Council Work Session agenda in order to discuss the proposed improvements to the Code of Ordinances, Part 18, Chapters 1 and 2 of the Stormwater Management Program. ATTACHMENTS: Proposed Amendments to Chapters 1 and 2 Current Ordinance related to Chapter 1 and 2 Page 18 -1 Proposed Ordinance 1 2 PART 18 3 4 STORMWATER MANAGEMENT 5 6 7 CHAPTER 1 8 DEFINITIONS 9 10 Section 18 -101 Definitions 11 12 CHAPTER 2 13 STORMWATER MANAGEMENT PROGRAM 14 15 Section 18 -201 Applicability 16 Section 18 -202 Powers and Authority of Public Works Director 17 Section 18 -203 Watercourse Protection 18 Section 18 -204 Illicit Discharge Prohibitions 19 Section 18 -205 Illicit Connection Prohibitions 20 Section 18 -206 Material Storage Prohibitions 21 Section 18 -207 Accidental Discharges and Spills 22 Section 18 -208 Notification of Accidental Discharges and Spills 23 Section 18 -209 Permitted Activities 24 Section 18 -210 Construction Site Requirements 25 Section18 -211 Post Construction Requirements 26 Section 18 -212 Penalties and Administrative Enforcement 27 Section 18 -213 Notice of Violations 28 Section 18 -214 Administrative Orders 29 Section 18 -215 Administrative Fines 30 Section 18 -216 Abatement, Remediation, and Restoration 31 Section 18 -217 Cost Recovery of Expenses for Violations 32 Section 18 -218 Restoration of Land 33 Section 18 -219 Water Supply Severance 34 Section 18 -220 Suspension of Permit Issuance 35 Section 18 -221 Stop Work Order 36 Section 18 -222 Public Nuisance 37 Section 18 -223 Appeals 38 Section 18 -224 Injunctive Relief 39 Section 18 -225 Criminal Prosecution 40 Section 18 -226 Remedies Nonexclusive 41 Section 18 -227 Confidential Information 42 Section 18 -228 Record Keeping 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Page 18 -1 Proposed Ordinance 57 58 CHAPTER 1 59 60 DEFINITIONS 61 62 SECTION 18 -101 DEFINITIONS 63 ACT - the Federal Water Pollution Control Act, also known as the Clean Water Act, as 64 amended, 33 U.S.C. 1251, Et. Seq. 65 APPLICANT - any person who is contemplating or planning to submit an NOI (Notice of Intent) 66 for approval, or has submitted an NOI for approval and is waiting for authorization to 67 discharge stormwater. 68 BEST MANAGEMENT PRACTICE (BMP) - the best available practices or devices used singly or in 69 combination to eliminate or reduce pollution entering the MS4. 70 CITY - the City of Owasso, Oklahoma, a municipal corporation, acting through the Owasso 71 Public Works Authority and the City's duly authorized officers or agents. 72 CITY MANAGER - the City Manager of the City or the person succeeding to these duties and 73 functions by whatever name known, or their duly authorized deputy, agent, or 74 representative. 75 CONTROL MEASURE - any BMP or other method used to prevent or reduce the discharge of 76 pollutants to waters of the State. 77 CONSTRUCTION ACTIVITIES - earth disturbing activities, such as clearing, grading, and 78 excavation of land and other construction related activities that could lead to the 79 generation of pollutants. 80 CONVEYANCES - any means for conveying a stormwater discharge, such as a drainage 81 system, ditch, swale, pipe, sewer, or municipal separate storm sewer system (MS4). Also 82 includes any natural channels or tributaries that carry stormwater runoff through and off the 83 facilities property. 84 CWA or The Act - Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. 85 Section 1251 et seq. 86 DETENTION FACILITIES - shall mean facilities designed to hold Stormwater for a short period of 87 time and then to release it to the natural watercourse. 88 DEVELOPMENT - a change in the use of any land, building, or structure for any purpose and shall 89 include the carrying out of building, engineering, construction or other operation in, on, over, or 90 under land, or the construction, addition or alteration of any building or structure. 91 DEVELOPMENT REAL ESTATE - shall mean real property altered from its natural state by the 92 addition to or construction of any impervious surface such that the hydrology of the property is 93 affected. 94 DEWATERING ACTIVITIES - act of draining rainwater and /or ground water from building 95 foundations, vaults, trenches and other construction structures. 96 DIRECTOR - shall mean the Public Works Director of the City or the person succeeding to 97 these duties and functions by whatever name known, or their duly authorized deputy, agent, 98 or representative. 99 DISCHARGE - to cause or allow an addition or introduction of any pollutant, stormwater, or any 100 other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters 101 of the United States. 102 DRAINAGE WAY - an open linear depression, whether constructed or natural, that functions for 103 the collection and drainage of surface water. 104 EARTH - DISTURBING ACTIVITY - actions taken to alter the existing vegetation and /or underlying soil 105 of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil 106 compaction, and movement and stockpiling of top soils. Page 18 -2 Proposed Ordinance 107 ENVIRONMENTAL PROTECTION AGENCY (EPA) - shall mean the United States Environmental 108 Protection Agency or, where appropriate, may also be used as a designation for the Regional 109 Water Management Division Director or other duly authorized official of the EPA. 110 EQUIVALENT SERVICE UNIT (ESU) - shall mean three thousand (3,000) square feet of impervious 111 surface. 112 FINAL STABILIZATION - the stabilization of exposed portions of the site, using practices that 113 provide permanent cover and qualify the permittee for permit termination. 114 ILLICIT DISCHARGE - defined at 40 CFR 122.26(b)(2) and refers to any discharge to a municipal 115 separate storm sewer system (MS4) that is not entirely composed of stormwater, except 116 discharges authorized under and OPDES or NPDES Permit 117 ILLICIT CONNECTION - any drain or conveyance, either surface or subsurface, which allows an 118 illegal discharge to enter the MS4. 119 IMPAIRED WATER - waters identified by the State as not meeting an applicable water quality 120 standard. 121 IMPERVIOUS SURFACE - shall mean any hard surface area which prevents or retards the entry of 122 water into the soil in the manner and to the extent that such water entered the soil under 123 natural conditions, causing water to run off the surface in greater quantities or at an increased 124 rate of flow than was present under natural conditions, such as but not limited to rooftops, 125 asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, 126 storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural 127 infiltration or run -off patterns of real property in its natural state. 128 JURISDICTIONAL WATERS - Waters of the U.S. 129 LID OR LOW IMPACT DEVELOPMENT - an approach to land development or redevelopment that 130 works with nature to manage stormwater as close to its source as possible. 131 MAXIMUM EXTENT PRACTICABLE (MEP) - the technology -based discharge standard for MS4s to 132 reduce pollutants in stormwater discharges that was established by CWA 402(p). 133 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - a conveyance or system of conveyances 134 (including streets, curbs, gutters, storm drains, catch basins, natural and manmade channels 135 and ditches) owned by the City and designed for collection and conveying stormwater. 136 NOTICE OF INTENT (NOI) - Written notice given to the ODEQ (on the prescribed form) prior to start 137 of site work which involves earth moving activity. 138 NOTICE OF TERMINATION (NOT) - Written notice given to the ODEQ (on the prescribed form) 139 following the completion of construction work. 140 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) - the National Pollutant 141 Discharge Elimination System administered by the U.S. Environmental Protection Agency (EPA). 142 OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY (ODEQ) - The State of Oklahoma 143 regulatory and enforcement agency for environmental concerns operating under the direction 144 of the Environmental Protection Agency. 145 OKR04 - ODEQ's General Permit for Phase II Small Municipal Separate Storm Sewer System 146 Discharges within the State of Oklahoma. 147 OKR05 - ODEQ's General Permit for Storm Water Discharges from Industrial Facilities under the 148 Multi- Sector Industrial General Permit within the State of Oklahoma. 149 OKR10 - ODEQ's General Permit OKR10 for Storm Water Discharges from construction activities. 150 within the State Of Oklahoma. 151 OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM ( OPDES) - Oklahoma Pollutant 152 Discharge Elimination System administered by the Oklahoma Department of Environmental 153 Quality. 154 OPERATOR - for the purpose of this ordinance and in the context of stormwater discharges 155 associated with construction activity, any party associated with a construction project that 156 meets either of the following two criteria: Page 18 -3 Proposed Ordinance 157 1. The party has operational control over construction plans and specifications, including the 158 ability to make modifications to those plans and specifications; or 159 2. The party has day -to -day operational control of those activities at a project that are 160 necessary to ensure compliance with the permit conditions (e.g., they are authorized to 161 direct workers at a site to carry out activities required by the permit). 162 OUTFALL - the location where collected and concentrated stormwater flows are discharged 163 from the MS4, industry or construction site. 164 OUTSTANDING RESOURCE WATERS - waters of the State which are designated in Oklahoma's 165 Water Quality Standards OAC 785:45 -5 -25. 166 PERSON, BUSINESS OR ENTITY - any individual, partnership, co- partnership, firm, company, 167 corporation, association, joint stock company, trust, estate, governmental entity or any other 168 legal entity or their legal representatives, agents or assigns. 169 PERMITTEE - the owner or operator eligible for /or requiring and authorization under any 170 Stormwater Permit, 171 POINT SOURCE - any discernible, confined, and discrete conveyance, including but not limited 172 to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, landfill 173 leachate collection system, or vessel or other floating craft, from which pollutants or wastes are 174 or may be discharged. 175 POLLUTANT - any material, substance, or property which may cause pollution, any dredged spoil, 176 solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, 177 biological materials, radioactive materials, wrecked or discharged equipment, grass clippings, 178 rock, sand, cellar dirt, soil, sediments, building materials, industrial or agricultural waste. 179 POLLUTION - man -made or man - induced alteration to the physical, chemical, biological or 180 radiological properties of water. 181 PREMISES - any plot or tract of property, regardless of size or plat, owned or used by any person. 182 Stormwater: any flow occurring during or following any form of natural precipitation. 183 REDEVELOPMENT - Any construction, alteration or improvement in areas where existing land use is 184 high density commercial, industrial, institutional or multi - family residential. 185 RESIDENTIAL PROPERTY - shall mean any property designed and used principally for residential 186 single - family or duplex purposes and developed according to any meeting the bulk and are 187 requirements for residential single - family or duplex zoned property as set forth in the Owasso 188 Zoning Code at the time of development of such property. 189 RETENTION FACILITIES - shall mean facilities designed to hold stormwater for a sufficient length of 190 time to provide for it to be consumed by evaporation, infiltration into the soil or other natural 191 means. 192 SEDIMENT AND EROSION CONTROL PLAN - A set of plans indicating the specific measures and 193 sequencing to be used to control sediment and erosion on a construction site. 194 SERVICE CHARGE - shall mean the fee levied within the boundaries of the City for the use of the 195 City stormwater drainage facilities. 196 SPILL - the release of a hazardous or toxic substance from its container or containment. 197 STABILIZATION - the process of covering exposed ground surfaces with vegetative or non - 198 vegetative practices that reduce erosion and prevent sediment discharge from occurring. 199 STOP WORK ORDER - an order issued which requires that all construction activity on a site be 200 stopped. 201 STORMWATER RUNOFF - defined using 40 CFR 122.26(b)(13) and means stormwater runoff, snow 202 melt runoff, and surface runoff and drainage. Rainwater which does not infiltrate into the soil 203 and sheet flows over the land or is drained into the stormwater drainage system. 204 STORMWATER DRAINAGE SYSTEM - publicly owned facilities by which stormwater is collected 205 and /or conveyed, including, but not limited to, any roads with drainage systems, municipal Page 18 -4 Proposed Ordinance 206 streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention 207 basins, natural and human made or altered drainage channels, reservoirs, and other drainage 208 structures. 209 STORMWATER MANAGEMENT PLAN (SWMP) - a comprehensive program to manage the quality 210 of stormwater discharged from the municipal separate storm sewer system (MS4) 211 STORMWATER POLLUTION PREVENTION PLAN (SWP3) - shall refer to the Erosion and Sediment 212 Control Report and the site grading plan for construction sites with earth disturbing activities less 213 than one acre in size. For construction sites with earth disturbing activities that equal one acre or 214 greater, SWP3 shall refer to the Erosion and Sediment Control Plan and the site grading plan. 215 TEMPORARY STABILIZATION - the stabilization of exposed portions of the site, in order to provide 216 temporary cover, during the establishment and growth of vegetation and/or in areas where 217 earth- disturbing activities will occur again in the future. 218 UNDEVELOPED REAL ESTATE - shall mean real estate unaltered by the construction or addition of 219 any impervious surface which would change the hydrology of the property from its natural state. 220 UPSET - exceptional incident in which there is unintentional and temporary noncompliance with 221 technology -based effluent limitations because of factors beyond reasonable control. 222 USER - any source of direct or indirect discharge to the City Municipal Separate Storm Sewer 223 System. 224 VEGETATIVE BUFFER - shall consist of a strip of land extending along both sides of a stream and its 225 adjacent wetlands, floodplains or slopes that is comprised of natural material such as grass or 226 other vegetation. 227 WATERCOURSE - A natural or artificial channel or conduit through which water flows. 228 WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm drain. 229 WATERS OF THE STATE - all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, 230 irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of 231 water, surface and underground, natural or artificial, public or private, which are contained 232 within, flow through, or border upon this state or any portion thereof, and shall include under all 233 circumstances the waters of the United States which are contained within the boundaries of, 234 flow through, or border upon this state or any portion thereof. 235 Page 18 -5 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Section 18 -213 Section 18 -214 Section 18 -215 Section 18 -216 Section 18 -217 Section 18 -218 Section 18 -219 Section 18 -220 Section 18 -221 Section 18 -222 Section 18 -223 Section 18 -224 Section 18 -225 Section 18 -226 Section 18 -227 Section 18 -228 CHAPTER 2 STORMWATER MANAGEMENT PROGRAM Applicability Powers and Authority of Public Works Director Watercourse Protection Illicit Discharge Prohibitions Illicit Connection Prohibitions Material Storage Prohibitions Accidental Discharges and Spills Notification of Accidental Discharges and Spills Permitted Activities Construction Site Requirements Post Construction Requirements Penalties and Administrative Enforcement Notice of Violations Administrative Orders Administrative Fines Abatement, Remediation, and Restoration Cost Recovery of Expenses for Violations Restoration of Land Water Supply Severance Suspension of Permit Issuance Stop Work Order Public Nuisance Appeals Injunctive Relief Criminal Prosecution Remedies Nonexclusive Confidential Inf o rm a do n Record Keeping SECTION 18 -201 APPLICABILITY The provisions of this chapter shall apply to all water entering a Municipal Separate Storm Sewer System (MS4) generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 274 SECTION 18 -202 POWERS AND AUTHORITY OF DIRECTOR 275 The Director or their duly authorized representative shall exercise all lawful powers necessary and 276 appropriate to administer, implement, and enforce the provisions of this chapter. 277 SECTION 18 -203 WATERCOURSE PROTECTION 278 Every property owner that owns a property through which a watercourse passes, or such owner's 279 lessee, shall keep and maintain that part of the watercourse within the property free of trash, 280 debris, excessive vegetation, and other obstacles that would pollute, contaminate, or 281 significantly retard the flow of water through the watercourse. 282 Vegetated buffers adjacent to natural watercourses shall be undisturbed to the maximum 283 extent practicable in order to protect the water quality of watercourses, reservoirs, lakes and 284 other significant water resources within these watersheds; protect riparian and aquatic 285 ecosystems within these watersheds; and provide for the environmentally sound use of land and 286 aquatic resources within these watersheds. 287 In addition, the owner or lessee shall maintain existing privately owned structures within or Page 18 -6 Proposed Ordinance 236 237 238 239 240 241 Section 18 -201 242 Section 18 -202 243 Section 18 -203 244 Section 18 -204 245 Section 18 -205 246 Section 18 -206 247 Section 18 -207 248 Section 18 -208 249 Section 18 -209 250 Section 18 -210 251 Section 18 -211 252 Section 18 -212 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Section 18 -213 Section 18 -214 Section 18 -215 Section 18 -216 Section 18 -217 Section 18 -218 Section 18 -219 Section 18 -220 Section 18 -221 Section 18 -222 Section 18 -223 Section 18 -224 Section 18 -225 Section 18 -226 Section 18 -227 Section 18 -228 CHAPTER 2 STORMWATER MANAGEMENT PROGRAM Applicability Powers and Authority of Public Works Director Watercourse Protection Illicit Discharge Prohibitions Illicit Connection Prohibitions Material Storage Prohibitions Accidental Discharges and Spills Notification of Accidental Discharges and Spills Permitted Activities Construction Site Requirements Post Construction Requirements Penalties and Administrative Enforcement Notice of Violations Administrative Orders Administrative Fines Abatement, Remediation, and Restoration Cost Recovery of Expenses for Violations Restoration of Land Water Supply Severance Suspension of Permit Issuance Stop Work Order Public Nuisance Appeals Injunctive Relief Criminal Prosecution Remedies Nonexclusive Confidential Inf o rm a do n Record Keeping SECTION 18 -201 APPLICABILITY The provisions of this chapter shall apply to all water entering a Municipal Separate Storm Sewer System (MS4) generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 274 SECTION 18 -202 POWERS AND AUTHORITY OF DIRECTOR 275 The Director or their duly authorized representative shall exercise all lawful powers necessary and 276 appropriate to administer, implement, and enforce the provisions of this chapter. 277 SECTION 18 -203 WATERCOURSE PROTECTION 278 Every property owner that owns a property through which a watercourse passes, or such owner's 279 lessee, shall keep and maintain that part of the watercourse within the property free of trash, 280 debris, excessive vegetation, and other obstacles that would pollute, contaminate, or 281 significantly retard the flow of water through the watercourse. 282 Vegetated buffers adjacent to natural watercourses shall be undisturbed to the maximum 283 extent practicable in order to protect the water quality of watercourses, reservoirs, lakes and 284 other significant water resources within these watersheds; protect riparian and aquatic 285 ecosystems within these watersheds; and provide for the environmentally sound use of land and 286 aquatic resources within these watersheds. 287 In addition, the owner or lessee shall maintain existing privately owned structures within or Page 18 -6 Page 18 -7 Proposed Ordinance 288 adjacent to a watercourse so that such structures will not become a hazard to the use, function, 289 or physical integrity of the watercourse. No owner or lessee shall alter a watercourse without 290 previous written and explicit authorization from the City. 291 SECTION 18 -204 ILLICIT DISCHARGE PROHIBITIONS 292 A. Prohibited Discharges. No person, business or entity shall discharge or cause to be 293 discharged into the MS4 or watercourse any non - stormwater discharges except those 294 expressly exempted in the City of Owasso SWMP. Prohibited discharges include, but are not 295 limited to, any material other than stormwater which is stored, used, spilled or disposed of in 296 such a manner that causes pollutants to be discharged into any street, alley, sidewalk, 297 watercourse or drainage system or contributes to a violation of applicable water quality 298 standards. The commencement, conduct or continuance of any unlawful discharge is 299 prohibited. 300 301 Examples of prohibited discharges include, but are not limited to: 302 1. Wastewater and sewage; 303 2. Chlorinated swimming pool discharges; 304 3. Discarded building materials; 305 4. Soil, silt, sediment or gravel; 306 5. Concrete wash -out or slurry; 307 6. Commercial vehicle wash water; 308 7. Wash -out and cleanout of stucco, paint, form release oils, curing compounds 309 and other construction materials; 310 8. Litter and garbage; 311 9. Yard waste including grass clippings, leaves or limbs; 312 10. Chemicals; 313 1 1. Trash or debris; 314 12. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil or 315 hydraulic fluids; 316 13. Antifreeze and other automotive products; 317 14. Metals in either particulate or dissolved form; 318 15. Flammable or explosive materials; 319 16. Batteries of any kind; 320 17. Paints, stains, resins, lacquers or varnishes; 321 18. Pesticides, herbicides, or fertilizers; 322 19. Steam cleaning wastes, except as determined by the Director to be de- minimis; 323 20. Soaps, detergents or wastewater containing these; 324 21. Heated water, except as determined by the Director to be deminimis; 325 22. Animal waste; 326 23. Leaking sanitary sewers and connections; 327 24. Recreational vehicle waste; 328 25. Animal carcasses; 329 26. Medical wastes; 330 27. Dyes except as exempted above; 331 28. Washing of fresh concrete residue; 332 29. Junk motor vehicles; 333 30. Wastewater to stormwater drainage system from the cleaning of fueling stations, 334 auto repair garages or other types of auto repair facilities; 335 31. Wastewater to the stormwater drain system from mobile auto washing, steam 336 cleaning, mobile carpet cleaning, and other mobile commercial and industrial 337 operations; 338 32. Discharge from the washing or rinsing of restaurant mats, roof vents, grease traps, 339 garbage bins or cans in such a manner that causes non- stormwater to enter the 340 storm drain system; 341 33. Fats, oils or grease; 342 34. Any hazardous material or waste not listed above; Page 18 -7 Proposed Ordinance 343 35. Any spilled pollutants, unless it can be demonstrated that failure to allow the 344 discharge will result in a greater imminent peril or hazard to the life, health, 345 welfare, or safety of the public; or 346 36. Any material that is disposed of or dumped in such a manner that causes 347 pollutants to be discharged; 348 37. Portable toilets will not be allowable in floodplain areas; 349 38. Portable toilets must be anchored to the ground and located away from waters 350 of the state and adjacent stormwater inlets or conveyances. 351 352 B. Allowable and occasional incidental non - stormwater discharges are exempt from discharge 353 prohibitions established by this section unless the Director determines that the type of 354 discharge, whether singly or in combination with others, is causing contamination of surface 355 water, stormwater or groundwater; causes overload or damage to the MS4 or has the 356 potential to endanger public health and safety; or is causing the City to violate its OPDES 357 permit for stormwater discharges. A comprehensive list of allowable and occasional 358 incidental non - stormwater discharges is defined in the City Stormwater Management Plan 359 (SWMP). 360 361 SECTION 18 -205 ILLICIT CONNECTION PROHIBITIONS 362 The construction, use, maintenance or continued existence of illicit connections to the MS4 is 363 prohibited. This prohibition expressly includes, without limitation, illicit connections made in the 364 past, regardless of whether the connection was permissible under law or practices applicable or 365 prevailing at the time of connection. A person, business or entity is considered to be in violation 366 of this section if the person, business or entity connects a line conveying sewage to the MS4, or 367 allows such a connection to continue. 368 369 SECTION 18 -206 MATERIAL STORAGE PROHIBITIONS 370 It is a violation of this ordinance to place, store or locate any material in such a manner that 371 causes pollutants to be transported by the wind, rain or other atmospheric conditions into the 372 City's MS4. Effective means of minimizing the exposure to precipitation and stormwater of any 373 construction products, materials, chemicals, pesticides, herbicides, fertilizers, petroleum products 374 or wastes that are present at the site by storing chemicals or petroleum products in water tight 375 containers, and provide cover, either plastic sheeting or temporary roofs to prevent all 376 construction products, materials, chemicals, pesticides, herbicides, fertilizers, petroleum products 377 or wastes from coming into contact with rainwater or a similarly effective means designed to 378 prevent the discharge of pollutants from these areas; or provide secondary containment, 379 including but not limited to spill berms, decks or spill containment pallets. 380 381 SECTION 18 -207 ACCIDENTAL DISCHARGES AND SPILLS 382 Spills that have the potential to enter or have entered the City's MS4 shall be contained, and 383 remediation activity shall be commenced as soon as practicable using spill kits or dry clean -up 384 methods where possible and dispose of used materials properly. Remediation activities will only 385 be considered complete when the cleanup is deemed satisfactory by the Director. The 386 required reporting or notification for such spills shall be completed as specified in Section 18 -208. 387 388 SECTION 18 -208 NOTIFICATION OF ACCIDENTAL DISCHARGES AND SPILLS 389 Notwithstanding other requirements of law, as soon as any person, business or entity has 390 information of any known or suspected release of materials which are resulting or may result in 391 illegal discharges or pollutants discharging into stormwater, the MS4, watercourse, Waters of the 392 State, or Waters of the U.S., said person, business or entity shall notify the City and the Oklahoma 393 Department of Environmental Quality within one (1) hour of discovery. In the event of such a 394 release of hazardous materials said person, business or entity shall immediately notify emergency 395 response agencies of the occurrence via emergency dispatch services. Notification shall include 396 the location, time, type and volume of the event as well as corrective actions taken. Written 397 notification to the Director and ODEQ shall be made within five (5) days of the event. If the 398 discharge of prohibited materials emanates from a commercial or industrial establishment, the Page 18 -8 Proposed Ordinance 399 owner or operator of such establishment shall also retain an on -site written record of the 400 discharge and the actions taken to prevent its recurrence. Such records shall be retained for at 401 least three (3) years. 402 SECTION 18 -209 PERMITTED ACTIVITIES 403 The ODEQ's "OKR04 General Permit for Phase II Small Municipal Separate Storm Sewer System 404 Discharges within the State of Oklahoma;' as amended, is hereby adopted by reference and its 405 requirements shall apply to all sites covered by such permit. 406 The ODEQ's "OKR05 General Permit for Storm Water Discharges from Industrial Facilities under the 407 Multi- Sector Industrial General Permit, Within the State of Oklahoma;' as amended, is hereby 408 adopted by reference and its requirements shall apply to all sites covered by such permit. 409 Any person, business or entity that performs an activity which requires an NPDES or OPDES 410 Stormwater Permit shall obtain and make available to the City copies of permits, applications 411 and any other records or correspondence pertaining to the aforementioned permits. 412 SECTION 18 -210 CONSTRUCTION SITE REQUIREMENTS 413 A. Regulations: 414 415 1. The control of erosion and sedimentation from construction activities shall be in 416 accordance with this Section and NPDES General Permits for Stormwater 417 Discharges from Construction Sites in the September 9 and September 25, 1992, 418 Federal Register, as amended by later registration and the OPDES, 27A O.S. 2 -6 419 201 et. seq, as amended. 420 2. The ODEQ's "General Permit OKR10 For Stormwater Discharges From Construction 421 Activities Within The State Of Oklahoma;' as amended, is hereby adopted by 422 reference and its requirements shall apply to all sites covered by that permit. 423 3. All earth disturbing construction activities shall be performed in compliance with 424 the City Code of Ordinances and the Owasso Engineering Design Criteria and 425 Standard Specifications. 426 B. General Performance Standards: 427 1. All earth disturbing construction activities, including developing, grading, excavating, 428 paving, landfilling, berming and diking, shall be performed in such a manner as to 429 minimize exposure of bare earth to precipitation, erosion and the discharge of 430 sediment and other pollutants into the MS4 (e.g. phasing of earth disturbing 431 activities). All such activities are also subject to the requirements of the City 432 Engineering Design Criteria. 433 2. All industrial, commercial or residential construction sites are required to maintain 434 erosion and stormwater pollution prevention measures, or BMPs, implemented during 435 development. The BMPs may be modified or temporarily removed with approval of 436 the City. If BMPs are absent or not effective, the property owner or designated 437 Contractor will, at a minimum, install BMPs to keep streets, drainage ways, 438 watercourses and storm drains free from sediment or other construction material or 439 debris. Prior to commencing any earth disturbing activity, temporary erosion control 440 measures shall be installed. BMPs shall be selected which will reduce erosion and off - 441 site transport of sediment to the maximum extent practicable. BMPs shall be 442 appropriate for the local site conditions and shall be selected to minimize water 443 quality impacts. 444 3. All streets, gutters, inlets, drainage pipes, swales, ditches, drainage channels, 445 emergency drainage swales and all drainage devices and structures shall be kept 446 free of debris, sedimentation, soil, discarded building material, litter, chemicals, fuels, 447 fluids, or any deleterious materials. Barriers shall be placed around area inlets prior to Page 18 -9 Proposed Ordinance 448 and subsequent to placement of pavement. BMPs shall be maintained in good and 449 effective condition at all times during construction. BMPs may not be modified or 450 removed without first obtaining approval from the Director. 451 4. Portable toilets will not be allowable in floodplain areas. 452 5. Portable toilets must be located away from waters of the state and adjacent 453 stormwater inlets or conveyances. 454 6. For all proposed development and redevelopment subsequent to the effective date 455 hereof, there shall be a minimum natural vegetative buffer zone of fifty feet (50')as 456 measured from top of the bank to disturbed portions of site, unless one hundred feet 457 (100') is designated in ODEQ's "General Permit OKR1O For Storm Water Discharges 458 From Construction Activities Within The State Of Oklahoma;' as amended, of either 459 side of any named or unnamed receiving streams, creeks, rivers, lakes or other water 460 bodies for any property developed along or immediately adjacent to the Waters of 461 the State in the City. Any preexisting structures or impervious surfaces are allowed in 462 the buffer provided the vegetation in the buffer outside the preexisting disturbance is 463 retained and protected from disturbance. There are exceptions from this requirement 464 for water crossings, limited water access, and stream restoration authorized under a 465 CWA Section 404 permit. If it is deemed infeasible to provide and maintain the 466 prescribed natural vegetative buffer due to preexisting site conditions, then strict 467 adherence to the alternatives listed in the Buffer Guidance of ODEQ's "General 468 Permit OKRIO For Storm Water Discharges From Construction Activities Within The 469 State Of Oklahoma;' as amended, shall be followed. 470 7. All BMPs shall remain in place until it has been determined by the City that perennial 471 vegetative cover with a density of seventy percent (70 %) of the native background 472 cover for the area has been established on all unpaved areas and areas not 473 covered by permanent structures, or equivalent permanent stabilization measures 474 (such as the use of riprap, gabions, or geotextiles) have been employed. Establishing 475 at least seventy percent (70 %) of the natural cover of the native vegetation meets 476 the vegetative cover criteria for final stabilization. 477 8. All industrial, commercial or residential construction sites that have a disturbed area 478 greater than or equal to one (1) acre are required to post the OKR 10 Authorization to 479 Discharge from ODEQ on -site, near the main entrance to the construction site. 480 481 C. Responsibility of Operator: 482 1. The Developer/ Property Owner and /or Operator are responsible for implementation of 483 and compliance with the Erosion and Sedimentation Control Plan and maintenance 484 of BMPs and erosion control devices. The Operator shall also apply for the Earth 485 Change Permit prior to commencement of earth disturbing activities. If no Contractor 486 is designated, the Contractor having day -to -day operational control of the site is 487 considered to be designated by the Developer. 488 2. Developers, builders, property owners, or their legal agents, upon receipt of notice by 489 the City that repair or maintenance is required within a watercourse or channel lying 490 within their property, shall be responsible for effecting such repair or maintenance 491 within the time specified, or the City shall have repair and maintenance performed at 492 the expense of the property owner unless it can be proven that the damage was 493 caused by another entity. 494 495 D. Exemptions. The City may grant exemptions from the aforementioned erosion control and 496 submittal requirements for activities that are exempt under the NPDES or OPDES General 497 Permit. A summary of these exemptions is presented below: 498 1. Bona fide agricultural and farming operations. 499 2. Customary and incidental routine grounds maintenance, landscaping, and home 500 gardening. Page 18 -10 512 1. Stormwater Pollution Prevention Plan (SWP3) Required. All new development and 513 redevelopment with earth disturbing activities and not meeting the exemptions shall 514 prepare and implement a Stormwater Pollution Prevention Plan (SWP3). The SWP3 shall 515 be submitted as specified in the City of Owasso Engineering Design Criteria, and shall 516 conform to applicable state and federal requirements. The plan shall include a copy 517 of Notice of Intent (NOI) to ODEQ, when required, the Erosion and Sediment Control 518 Plan and the civil site plan. Review and approval of the SWP3 is a prerequisite to 519 issuance of the Earth Change Permit. 520 521 2. Earth Change Permit Required. No person, business or entity may engage in any earth 522 disturbing activities, including developing, grading, excavating, landfilling, berming or 523 diking without first obtaining an Earth Change Permit from the City. The permit will 524 remain in effect until construction activities have ceased and permanent erosion 525 control measures, including establishment of vegetative cover, are complete. 526 527 3. Proof of Compliance with Federal and State Regulations: 528 a. Any operator subject to a construction activity NPDES and /or OPDES stormwater 529 discharge permit shall comply with all provisions of such permit (s). 530 b. New development and redevelopment disturbing an area equal to or greater 531 than one (1) acre or part of a larger common plan of development shall also 532 obtain authorization to discharge under OKR10 or the EPA Region VI NPDES 533 General Permit for Stormwater Discharges from Construction Activities. If an 534 OKR 10 permit is required by ODEQ for Stormwater discharges from a construction 535 site, then the following documents shall be provided to the Director: a copy of 536 the notice of intent (NOI) submitted to ODEQ for the OKR10 permit, a copy of all 537 stormwater pollution prevention plans (SWP3) developed for the construction 538 site, and a copy of the authorization to discharge Stormwater issued by ODEQ. 539 Proof of Authorization to Discharge under the aforementioned permits shall be 540 provided to the City prior to commencement of construction activities. 541 c. If a proposed development will disturb a jurisdictional water, the 542 Developer /Property Owner and /or Operator shall provide to the City a written 543 statement from the U.S. Army Corps of Engineers that the development plan fully 544 complies with all applicable federal regulations as established in the Federal 545 Clean Water Act. 546 d. If the Director obtains credible information regarding threatened or pending 547 regulatory enforcement action related to an environmental condition of the 548 property to be developed, or an environmental impact related to the plan 549 submittals, then the Director may require the Developer /Property Owner and /or 550 Operator to provide to the City written statements from such governmental 551 agencies as the Director may designate as having related jurisdiction based on 552 the nature of the threatened enforcement action or environmental impact. Said 553 statements shall verify that the plan submittals fully comply with environmental 554 regulations within the jurisdiction of the writing agency. If the Developer /Property 555 Owner and /or Operator, after a diligent effort, is unable to obtain such written Page 18 -11 Proposed Ordinance 501 3. Small construction sites with de minimus earth disturbing activities may be exempted 502 from implementation of BMPs so long as sedimentation and erosion from the site do 503 not occur. 504 4. Small scale utility installation and maintenance. 505 5. Construction activities with an earth disturbing footprint of less than 400 sq. ft. 506 6. Small construction sites with a rainfall erosivity factor (R- factor) of less than 5 during the 507 period of construction activity. 508 7. Emergency repairs of a temporary nature made on public or private property. 509 8. Sites determined by the City to have no significant impact on stormwater quality. 510 511 E. Submittals: 512 1. Stormwater Pollution Prevention Plan (SWP3) Required. All new development and 513 redevelopment with earth disturbing activities and not meeting the exemptions shall 514 prepare and implement a Stormwater Pollution Prevention Plan (SWP3). The SWP3 shall 515 be submitted as specified in the City of Owasso Engineering Design Criteria, and shall 516 conform to applicable state and federal requirements. The plan shall include a copy 517 of Notice of Intent (NOI) to ODEQ, when required, the Erosion and Sediment Control 518 Plan and the civil site plan. Review and approval of the SWP3 is a prerequisite to 519 issuance of the Earth Change Permit. 520 521 2. Earth Change Permit Required. No person, business or entity may engage in any earth 522 disturbing activities, including developing, grading, excavating, landfilling, berming or 523 diking without first obtaining an Earth Change Permit from the City. The permit will 524 remain in effect until construction activities have ceased and permanent erosion 525 control measures, including establishment of vegetative cover, are complete. 526 527 3. Proof of Compliance with Federal and State Regulations: 528 a. Any operator subject to a construction activity NPDES and /or OPDES stormwater 529 discharge permit shall comply with all provisions of such permit (s). 530 b. New development and redevelopment disturbing an area equal to or greater 531 than one (1) acre or part of a larger common plan of development shall also 532 obtain authorization to discharge under OKR10 or the EPA Region VI NPDES 533 General Permit for Stormwater Discharges from Construction Activities. If an 534 OKR 10 permit is required by ODEQ for Stormwater discharges from a construction 535 site, then the following documents shall be provided to the Director: a copy of 536 the notice of intent (NOI) submitted to ODEQ for the OKR10 permit, a copy of all 537 stormwater pollution prevention plans (SWP3) developed for the construction 538 site, and a copy of the authorization to discharge Stormwater issued by ODEQ. 539 Proof of Authorization to Discharge under the aforementioned permits shall be 540 provided to the City prior to commencement of construction activities. 541 c. If a proposed development will disturb a jurisdictional water, the 542 Developer /Property Owner and /or Operator shall provide to the City a written 543 statement from the U.S. Army Corps of Engineers that the development plan fully 544 complies with all applicable federal regulations as established in the Federal 545 Clean Water Act. 546 d. If the Director obtains credible information regarding threatened or pending 547 regulatory enforcement action related to an environmental condition of the 548 property to be developed, or an environmental impact related to the plan 549 submittals, then the Director may require the Developer /Property Owner and /or 550 Operator to provide to the City written statements from such governmental 551 agencies as the Director may designate as having related jurisdiction based on 552 the nature of the threatened enforcement action or environmental impact. Said 553 statements shall verify that the plan submittals fully comply with environmental 554 regulations within the jurisdiction of the writing agency. If the Developer /Property 555 Owner and /or Operator, after a diligent effort, is unable to obtain such written Page 18 -11 Proposed Ordinance 556 verifications from one (1) or more of the designated agencies, the 557 Developer /Property Owner and /or Operator shall at least provide to the City a 558 written verification from said agency that the City's approval of the plan 559 submittals will not interfere with a threatened or pending environmental 560 enforcement action of said agency. All required written statements shall be 561 provided to the Director prior to the scheduling of the preconstruction meeting. 562 563 F. Erosion and Sediment Control. The EPA's National Menu of Best Management Practices for 564 Stormwater shall be used for appropriate control measures for temporary, structural and 565 vegetative best management practices utilized for the control of sedimentation during 566 construction. 567 568 G. Inspection and Supervision. The City shall conduct construction site inspections upon 569 receiving a complaint of violation and as needed to evaluate compliance. The permittee shall 570 notify the Director at the following stages: 571 572 1. Upon completion of installation of perimeter sediment and erosion controls; 573 2. At least twenty -four (24) hours but not more than seventy -two (72) hours (exclusive of 574 Saturdays, Sundays, and holidays) prior to commencing initial grading or land 575 disturbing activities; 576 3. When construction and land disturbing activities are halted for a period of fourteen 577 (14) days or more; 578 4. At least twenty -four (24) hours but not more than seventy -two (72) hours (exclusive of 579 Saturdays, Sundays, and holidays) prior to when construction or land disturbing 580 activities shall recommence after being halted for a period of fourteen (14) days or 581 more; 582 5. When a discharge from the construction site has been discovered; 583 6. Upon submitting a Notice of Termination (NOT) to ODEQ in compliance with any 584 OKR10 permit requirements; and submitting a copy of the NOT to the City; and 585 7. Upon completion of final grading, permanent drainage and erosion control facilities 586 including established ground covers and planting, and all other work of the permit. 587 588 SECTION 18 -211 POST- CONSTRUCTION REQUIREMENTS 589 All post- construction best management practices and stormwater drainage systems on 590 developments and redevelopments, which require or required platting, site plan approval, or 591 alterations to existing public stormwater drainage systems, shall be applicable. 592 593 Post - construction operation and maintenance of private drainage systems on single - family 594 residential properties are exempt from the requirements of this section. 595 596 Design, construction, and post- construction operations and maintenance of post- construction 597 best management practices and stormwater drainage systems shall be performed in such a 598 manner so that adverse stormwater quality and quantity impacts to stormwater drainage 599 systems and receiving streams both on the subject property and on off -site properties are 600 avoided, reduced, or eliminated. Adverse stormwater quality and quantity effects for the 601 purposes of this section includes increased flood elevations, increased velocity of floodwaters, 602 erosion, siltation, sedimentation, reduced base flow, pollution or degradation of water quality. 603 604 Stormwater drainage systems for the purposes of this section include any facility, structure, 605 improvement, development, equipment, property or interest therein, including structural and 606 nonstructural elements, which are made, constructed, used or acquired for the purpose of 607 collecting, containing, storing, conveying, filtering, treating, infiltrating and controlling 608 stormwater. This includes, but is not limited to, detention facilities, retention facilities, sediment 609 basins, ponds, lakes, engineered open channels, natural channels, floodplains, creeks, storm 610 sewers, conduits, pipes, borrow ditches, swales, roadways, infiltration systems, rain gardens, and 611 bio- retention filters. Page 18 -12 Proposed Ordinance 612 613 Every development shall be provided with a stormwater drainage system designed by an 614 Engineer registered in the State of Oklahoma, adequate to serve the development, and 615 otherwise shall meet approval requirements of the officials having jurisdiction. The design shall 616 meet City of Owasso Engineering Design Criteria. All stormwater designs and construction plans 617 shall be approved by the City. 618 619 Construction of the development or redevelopment, including post- construction BMPs and 620 stormwater drainage systems, shall be performed in compliance with the City of Owasso 621 Engineering Design Criteria requirements. 622 623 Post - construction best management practices and stormwater drainage systems shall be 624 designed, operated and maintained so that property owners located downstream from and 625 upstream from the development shall not be injuriously affected by the construction, operation, 626 or maintenance of such system. 627 628 Operator's responsibility of the post- construction best management practices and stormwater 629 drainage system shall be detailed in the covenants language on platted developments, on 630 easement language for stormwater drainage systems in dedicated easements, or shall be 631 borne by the property owner for stormwater drainage systems on private property. 632 633 Maintenance responsibility of the post- construction best management practices and 634 stormwater drainage system shall be detailed in the covenants language on platted 635 developments, on easement language for stormwater drainage systems in dedicated 636 easements, or shall be borne by the property owner for stormwater drainage systems on private 637 property. 638 639 Post - construction BMPs shall be inspected at the Operator's expense by a qualified inspector or 640 reviewed as appropriate at least annually, and a written record of inspection results and 641 maintenance work shall be maintained and available for review by the City. 642 643 All applicants are required to submit actual "as built" plans for any post- construction best 644 management practices and stormwater drainage systems located on -site after final 645 construction is completed. The plan shall show the final design specifications for all stormwater 646 drainage systems and shall be certified by a professional engineer. 647 648 All applicants are required to develop and submit to the City an Operation and Maintenance 649 Plan for any post- construction best management practices and stormwater drainage systems 650 located on -site after final construction is completed. 651 652 SECTION 18 -212 PENALTIES AND ADMINISTRATIVE ENFORCEMENT 653 The Director is hereby authorized to establish an administrative procedure or plan to be known 654 as the "Stormwater Enforcement Response Plan" for the administration of this Chapter and 655 the enforcement of compliance with the provisions of this Chapter. The Director may amend the 656 Stormwater Enforcement Response Plan from time to time as may be necessary to enforce 657 compliance. 658 659 A. Investigation: 660 1. The Director or duly authorized representative shall be permitted to gain access to any 661 premises, facility or watercourse necessary for the purpose of inspection, sampling, 662 observing or monitoring the MS4 to determine compliance with this ordinance. 663 2. Facility operators shall allow the City ready access to all parts of the premises for the 664 purposes of inspection, sampling, examination and copying of records that must be kept 665 under the conditions of an NPDES or OPDES permit to discharge storm water, and the 666 performance of any additional duties as defined by state and federal law. Any permits, 667 SWP3s, or other documents regarding a facility's storm water discharge shall be made Page 18 -13 Proposed Ordinance 668 available to the Director upon request. 669 3. Unreasonable delays in allowing the City access to a permitted facility is a violation of a 670 stormwater discharge permit and of this chapter. A person, business or entity who is the 671 operator of a facility with a NPDES permit to discharge stormwater associated with 672 industrial activity commits an offense if the person denies the authorized enforcement 673 agency reasonable access to the permitted facility for the purpose of conducting any 674 activity authorized or required by this chapter. 675 4. If the City has been refused access to any part of the premises from which stormwater is 676 discharged, and the City is able to demonstrate probable cause to believe that there 677 may be a violation of this chapter, or that there is a need to inspect and /or sample as 678 part of a routine inspection and sampling program designed to verify compliance with 679 this chapter or any order issued hereunder, or to protect the overall public health, safety, 680 and welfare of the community, then the City may seek issuance of a search warrant from 681 any court of competent jurisdiction. 682 683 B. Sampling: 684 1. When the Director or duly authorized representative has reason to believe that a 685 discharge is an illicit discharge, the Director may obtain a suitable sample for analysis. If 686 the discharge is shown to be illicit, full recovery of the cost of sampling and analysis may 687 be made from the responsible party. 688 2. The Director has the right to require any discharger to install monitoring equipment as 689 necessary. The facility's sampling and monitoring equipment shall be maintained at all 690 times in a safe and proper operating condition by the discharger at its own expense. All 691 devices used to measure storm water flow and quality shall be calibrated to ensure their 692 accuracy. 693 3. Any temporary or permanent obstruction to safe and easy access to the facility to be 694 inspected and /or sampled shall be promptly removed by the operator at the written or 695 oral request of the Director and shall not be replaced. The costs of clearing such access 696 shall be borne by the operator. 697 698 SECTION 18 -213 NOTICE OF VIOLATIONS 699 Whenever the Director determines that a violation of this ordinance has occurred or is occurring, 700 the Director may issue a notice of violation (NOV) to the person, business or entity. This NOV shall 701 include the nature of the violation and provide a reasonable time for correction. The Director 702 may require, within seven (7) days of the receipt of this NOV, an explanation of the violation and 703 a plan for the satisfactory correction and prevention, including specific required actions. The 704 explanation and plan shall be submitted by the violator to the Director in writing. Submission of 705 this plan shall in no way relieve the person, business or entity of liability for any violafion(s) 706 occurring before or after receipt of the NOV. Issuance of a NOV shall not preclude any other 707 enforcement action. 708 709 SECTION 18 -214 ADMINISTRATIVE ORDERS 710 Consent Orders. The Director is empowered to enter consent orders, assurances of voluntary 711 compliance, or other similar documents establishing a consensus with any person, business or 712 entity for noncompliance. Such an order shall include specific action to be taken by the violator 713 to correct the noncompliance within a time period specified in the order. Consent orders shall 714 be judicially enforceable. 715 716 Compliance Orders. When the Director finds that a person, business or entity has violated or 717 continues to violate this ordinance or orders issued hereunder, the Director may issue an order to 718 the violator directing that compliance be obtained within a specified time period. If compliance 719 is not achieved within the time period, water service, sewer service, refuse, or any combination 720 of services may be discontinued, unless adequate BMPs or other related appurtenances are 721 installed and properly operated. Compliance orders may also contain other requirements 722 addressing noncompliance, including additional self- monitoring. A compliance order shall not 723 extend the deadline for compliance established by a federal standard or requirement, nor shall Page 18 -14 Proposed Ordinance 724 a compliance order release the violator from liability for any violation, including any continuing 725 violation. Issuance of a compliance order shall not preclude any other enforcement action. 726 727 Cease and Desist Orders. When the Director finds that a person, business or entity is violating 728 provisions of this ordinance, or any order issued hereunder, or that past violations are likely to 729 recur, the Director may issue an order directing the violator to cease and desist all such 730 violations or activities likely to cause a recurrence, and to: 731 a. Immediately comply with all requirements, and 732 b. Take such appropriate remedial or preventive actions as may be necessary to properly 733 address a continuing or threatened violation, including halting operations or terminating 734 the discharge. 735 Issuance of a cease and desist order shall not preclude other action against the violator. 736 737 Administrative orders may be revised by the Director at any time in order to insure compliance 738 with this ordinance. 739 740 SECTION 18 -215 ADMINISTRATIVE PINES 741 When the Director finds that a person, business or entity has violated or continues to violate any 742 provision of the ordinance, or order issued hereunder, the Director, upon good cause shown, 743 may impose an administrative fine against such user in an amount not to exceed One Thousand 744 Dollars ($1,000.00) plus costs. Such fines may be assessed on a per violation, per day basis. 745 746 Each day that a violation or failure to comply exists shall constitute a separate and distinct 747 offense. 748 749 Notice of an administrative fine shall be served personally on the user or by certified mail, return 750 receipt requested. Payment shall be received within fifteen (15) days after such notice is served. 751 752 Failure to submit payment for an administrative fine within fifteen (15) days shall be considered a 753 violation of this ordinance. 754 755 Issuance of an administrative fine shall not preclude any other action against the user. 756 757 SECTION 18 -216 ABATEMENT REMEDIATION AND RESTORATION 758 A. Following the completion of any abatement, restoration, remediation, or other ordered work, 759 the City shall file a notice of lien with the county clerk describing the property and stating 760 that the City claims a lien on the property for the abatement, restoration, or remediation 761 costs incurred and that such costs are the personal obligation of the property owner, except 762 that when an imminent hazard exists the Director may file a notice of lien as soon as 763 practicable after the initiation of any summary abatement action. 764 B. If the violation has not been corrected pursuant to the requirements and within the time 765 period set forth in the notice of violation, then agents of the City or a designated contractor 766 are authorized to enter upon the subject property to perform the required abatement, 767 restoration, remediation, or other ordered work. 768 C. It shall be unlawful for any person, owner, agent or person in possession of any premises to 769 refuse to allow the authorized enforcement agency or designated contractor to enter upon 770 the premises for the purposes set forth above. 771 D. After abatement, restoration, or remediation of a violation has occurred, the Director shall 772 determine the actual cost of the abatement, restoration, or remediation and any other 773 expenses as may be necessary in connection, including, but not limited to, sampling and 774 field testing costs, laboratory costs, and the cost of the notice and mailing. The City shall 775 forward by certified mail to the property owner a statement of the actual cost and 776 demanding payment. If the amount due is not paid within thirty (30) days from the date of 777 mailing of the statement, the City shall forward a certified statement of the amount of cost 778 to the county treasurer of the county in which the property is located, and the some shall be 779 levied on the property and collected by the County Treasurer as other taxes authorized by Page 18 -15 Proposed Ordinance 780 law. The cost and the interest thereon shall be a lien against the property from the date the 781 cost is certified to the County Treasurer and shall continue until the cost shall be fully paid. 782 E. Any person, business or entity violating any of the provisions of this chapter shall become 783 liable to the City by reason of such violation. At any time prior to the collection as provided 784 herein the City may pursue any civil remedy for collection of the amount owing and interest 785 thereon. 786 787 SECTION 18 -217 COST RECOVERY OF EXPENSES FOR VIOLATIONS 788 Notwithstanding any other provision of this ordinance, the Director may require any person, 789 business or entity found to have violated any provision of this ordinance, or orders issued 790 hereunder, to reimburse the City for any goods or services used to identify or remove pollutants 791 from the City's MS4, prevent further discharge of pollutants into the MS4, and shall become liable 792 to the City for any expense, loss, or damages experienced by the City as a result of a violation. 793 The City may pursue its right of action to recover all such costs, by utilizing any and all 794 reasonable methods, including installment payment administered by the Director. The City may 795 recover the costs incurred by filing a lien on the subject property. 796 797 SECTION 18 -218 RESTORATION OF LAND 798 Whenever a person, business or entity has violated, or continues to violate any provision of this 799 ordinance, the violator may be required to restore land to its undisturbed condition. In the event 800 that restoration is not undertaken within a reasonable time after notice, the City may take 801 necessary corrective action, the cost of which shall become a lien upon the property until paid. 802 803 SECTION 18 -219 WATER SUPPLY SEVERANCE 804 Whenever a person, business or entity has violated, or continues to violate any provision of this 805 ordinance, or orders issued hereunder, water service may be severed. Service shall only 806 recommence at the violator's expense, after the violator has satisfactorily demonstrated an 807 ability to comply, and actual compliance. 808 809 SECTION 18 -220 SUSPENSION OF PERMIT ISSUANCE 810 Any person, business or entity that violates the provisions of this ordinance will be denied the 811 issuance of any other City permits, approvals or inspections until the violation(s) is corrected or 812 written arrangements to correct the violation(s) are submitted to and accepted by the City. 813 814 SECTION 18 -221 STOP WORK ORDERS 815 A stop work order may be issued if any construction activity is conducted in violation of this 816 Ordinance. The stop work order shall require compliance with any issued NOV. Any owner, 817 operator, person, business or entity in violation of a stop work order is subject to payment of all 818 fees, bonds, and penalties prior to the lifting of the stop work order. 819 820 SECTION 18 -222 PUBLIC NUISANCE 821 In addition to the enforcement processes and penalties provided, any condition caused or 822 permitted to exist in violation of any of the provisions of this chapter is a threat to public health, 823 safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated 824 or restored at the violator's expense, and /or a civil action to abate, enjoin, or otherwise compel 825 the cessation of such nuisance may be taken. The Director may authorize summary abatement 826 actions to protect public health, safety, and welfare. Authorization of a summary abatement 827 action shall grant agents of the City or a designated contractor the right to enter upon the 828 subject property to perform the required summary abatement work. 829 830 SECTION 18 -223 APPEALS 831 Any person, business or entity aggrieved by any NOV, administrative fine or order issued 832 pursuant to this Section, may appeal the action. 833 A. The initiation of an appeal shall be in writing and filed with the Director no later than fifteen 834 (15) days after service of notice of the action appealed from. The written notice of appeal 835 shall specify the action appealed, detail why the action is in error, and specify provision of Page 18 -16 Proposed Ordinance 836 ordinances or statutes supporting the person, business or entity's appeal. 837 B. Upon receipt of a notice of appeal the Director shall conduct any necessary investigation 838 into the basis of the appeal and hold a hearing within thirty (30) days of receipt. However, 839 upon review of the notice of appeal, if the Director determines that the basis of the appeal is 840 patently frivolous or filed only for purposes of delay, then they may deny the appeal without 841 a hearing. Upon denial without a hearing, the appellant shall be notified in writing of the 842 denial and the grounds for denial. 843 C. At the conclusion of a hearing on an appeal, if the appeal is sustained in favor of the 844 appellant, the Director may modify or withdraw the notice, fine or order. If the Director fails 845 to act on the appeal within thirty (30) days of concluding the hearing, the appeal shall be 846 deemed denied. Any ruling, requirements, decisions or actions on appeal shall be final and 847 binding, unless appealed to the City Council. 848 D. Any person, business or entity aggrieved by an appeal decision may perfect an appeal to 849 the City Council by filing a written notice of appeal with the City Clerk and the City Manager 850 within fifteen (15) days from the date of the action by the Director. Such notice shall specify 851 grounds for the appeal. A hearing on the appeal shall be commenced by the City Council 852 no later than thirty (30) days from the date the notice of appeal was filed with the City Clerk. 853 The City Council shall have jurisdiction to affirm, modify, reverse or remand the action of the 854 City Manager upon good cause shown. Any rulings, requirements, or decision of the City 855 Council shall be final. 856 857 SECTION 18 -224 INJUNCTIVE RELIEF 858 It shall be unlawful for a person, business or entity to violate or continue to violate the provisions 859 of this ordinance, or orders issued hereunder. The City Attorney may petition the district court for 860 the issuance of an injunction, which restrains or compels the activities on the part of the person, 861 business or entity. A petition for injunctive relief shall not preclude any other action against a 862 person, business or entity. 863 864 SECTION 18 -225 CRIMINAL PROSECUTION 865 Any person, business or entity convicted of a violation of this ordinance, or any order issued 866 pursuant to this ordinance, shall be guilty of a misdemeanor offense and shall be punished by a 867 fine of not more than One Thousand Dollars ($1,000.00), excluding costs, fees and assessments. 868 Each day, or portion thereof, during which a violation is committed, continued or permitted, 869 shall be deemed a separate offense. 870 871 SECTION 18 -226 REMEDIES NONEXCLUSIVE 872 The provisions of this ordinance shall not be exclusive remedies. The City reserves the right to take 873 any combination of actions against a violator of this ordinance. These actions may be taken 874 concurrently. The City may recover reasonable attorney's fees, court costs and other expenses 875 associated with enforcement activities, including sampling and monitoring expenses, and the 876 cost of any actual damages incurred by the City. 877 878 SECTION 18 -227 CONFIDENTIAL INFORMATION 879 Information and data obtained from applications, questionnaires, permits, monitoring programs 880 and inspections and any other required sampling, analysis, reports or documents under this 881 chapter shall be available for inspection by the public or any government agency to the extent 882 permitted by the Oklahoma Open Records Act. 883 884 Any information submitted to the City may be claimed as confidential in accordance with 885 applicable federal regulations. Any claim of confidentiality must be made at the time of 886 submittal. When requested by the user furnishing the report, the portion of a report which might 887 disclose trade secrets or secret processes shall not be made available for inspection by the 888 public, but shall be made available upon written request to governmental agencies for uses 889 related to regulation of the user's discharge; subject, however, to the confidentiality provisions of 890 40 CFR part 2, which are incorporated by this reference as applicable to the City to the same 891 extent part 2 is applicable to the EPA, or any applicable state law. Page 18 -17 Proposed Ordinance 892 893 If a party to any judicial or administrative proceeding or any court or any administrative agency 894 (except as specified in this Section) demands or subpoenas or orders the production of any such 895 confidential information, the City shall immediately notify the person who supplied such 896 information so that the person shall have the opportunity to secure judicial or administrative relief 897 to preserve such confidentiality. Unless such person gets such relief, the City will comply with 898 such demand, subpoena or order if it is legally required to do so. Wastewater constituents and 899 characteristics will not be recognized as confidential information. 900 901 Persons, other than authorized representatives of the United States Environmental Protection 902 Agency or the state department of natural resources, requesting to review information and 903 data, must do so in writing and must pay all applicable costs associated with the preparation 904 and copying of such information and data. 905 906 SECTION 18 -228 RECORD KEEPING 907 908 Duration. The person or industry shall retain, and make available to the Director for inspection 909 and copying, all records and information required to be retained under this ordinance or order 910 issued hereunder. These records shall remain available for a period of at least three (3) years 991 after expiration of the current City permit or "NPDES Municipal Storm Water Discharge Permit." 912 This period shall be automatically extended for the duration of any litigation concerning 913 compliance with this ordinance, or where the industry or person has been specifically notified of 914 a longer retention period by the Director. 915 916 Fraud and False Statements. Reports and other documents required to be submitted or 917 maintained by this ordinance, or order issued hereunder, shall be subject to the provisions of 18 918 U.S.C. 1001 regarding fraud or false statements and the provisions of 309c(4) of the Act, as 919 amended, governing false statements, representations, or certification. Page 18 -18 Current Ordinance PART 18 STORMWATER MANAGEMENT CHAPTER 1 DEFINITIONS Section 18 -101 Definitions CHAPTER STORMWATER MANAGEMENT PROGRAM Section 18 -201 Findings of Fact Section 18 -202 Purpose CHAPTERI DEFINITIONS SECTION 18 -101 For the purpose of this Section, the following terms shall have the meanings respectively ascribed to them herein: 1. "City" shall mean the City of Owasso, Oklahoma 2. "Detention facilities" shall mean facilities designed to hold Stormwater for a short period of time and then to release it to the natural watercourse. 3. "Development real estate" shall mean real property altered from its natural state by the addition to or construction of any impervious surface such that the hydrology of the property is affected. 4. "Director" shall mean the Public Works Director of the City of Owasso, Oklahoma or his /her authorized representative. 5. "Equivalent service unit (ESU)" shall mean three thousand (3,000) square feet of impervious surface. 6. "Impervious surface" shall mean any hard surface area which prevents or retards the entry of water into the soil in the manner and to the extent that such water entered the soil under natural conditions, causing water to run off the surface in greater quantities or at an increased rate of flow than was present under natural conditions, such as but not limited to rooftops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or run -off patterns of real property in its natural state. 7. "Drainage Basin Plan" shall mean the plan adopted by the City for managing surface and Current Ordinance stormwater facilities and features within an individual drainage basin. 8. "Service charge" shall mean the fee levied within the boundaries of the City for the use of the City of Owasso stormwater drainage facilities. 9. "Undeveloped real estate" shall mean real estate unaltered by the construction or addition of any impervious surface which would change the hydrology of the property from its natural state. 10. "Retention facilities" shall mean facilities designed to hold stormwater for a sufficient length of time to provide for it to be consumed by evaporation, infiltration into the soil or other natural means. 11. "Residential property" shall mean any property designed and used principally for residential single - family or duplex purposes and developed according to and meeting the bulk and area requirements for residential single - family or duplex zoned property as set forth in the Owasso Zoning Code at the time of development of such property. (Ord. No. 754, 5/20/03) Current Ordinance CHAPTER STORMWATER MANAGEMENT PROGRAM Section 18 -201 Findings of Fact Section 18 -202 Purpose SECTION 18 -201 FINDINGS OF FACT The City of Owasso, Oklahoma makes the following findings of fact: 1. In 1990 the U.S. Environmental Protection Agency (EPA) promulgated regulations for establishing water quality based municipal stormwater programs to address stormwater runoff from municipal separate storm sewer systems (MS4s). 2. These regulations were incorporated into existing wastewater treatment permits under National Pollutant Discharge Elimination System ( NPDES) rules. Urban runoff from storm events became regulated under the NPDES permitting requirements. 3. On December 8, 1999, EPA published final "Phase IP' regulations and state regulatory agencies (which includes the Oklahoma Department of Environmental Quality (ODEQ)) were required to determine cities under 100,000 population and designate small MS4s that require permitting. The small MS4s are defined as those towns with at least 10,000 population and a minimum density of 1,000 people per square mile. 4. The City of Owasso has been notified that the city meets the conditions to be designated as a regulated small MS4. 5. Both the EPA and Oklahoma regulations require that the six Minimum Control Measures (MCMs) be addressed in implementing a successful Phase II Stormwater Management Program. Each Minimum Control Measure has a number of Best Management Practices (BMPs) that constitute the core activities pertaining to each. 6. A Stormwater Management Program document (SWMP) specifies for each MCM what activities will be performed, measurable goals, implementation schedules and estimated annual costs. 7. An Annual Report is to be submitted to the ODEQ that documents implementation and BMP effectiveness under each of six MCMs, which are: • Public Education and Outreach Public Participation and Involvement • Illicit Discharge Detection and Elimination • Construction Site Stormwater Runoff Control Current Ordinance • Post Construction Management in New Development and Re- Development • Pollution Prevention and Good Housekeeping 8. A comprehensive approach to managing stormwater runoff and floodplain management is required to address existing and future needs. 9. The existing stormwater drainage facilities of the City of Owasso require continuous operation, maintenance, renewal and replacement. 10. Drainage conditions may be created by the cumulative effect of increase in impervious areas due to subdivision, commercial and institutional construction. 11. While the City does not own all drainage facilities within its jurisdiction, it does own or control a sufficiently comprehensive system in each of the major drainage basins so as to make a unified approach to stormwater drainage issues a desirable and administratively achievable goal. (Ord. No. 754, 05/20/2003) SECTION 18 -202 PURPOSE It is the purpose of this ordinance to improve the promotion of public health, safety and welfare by providing for, acquiring, constructing, operating, equipping and maintaining within the City of Owasso a Stormwater Management Program and to provide a source of funding for the program. The Stormwater Management Program is intended to: 1. Protect human life, health, and property; 2. Minimize public and private storm and flood losses from stormwater runoff in the City; 3. Provide for development of a Stormwater Master Plan which will define the existing and future drainage system, identify drainage facilities improvements and project long -range capital improvements requirements; 4. Comply with the Phase II Stormwater Management regulations of the U.S. Environmental Protection Agency /Oklahoma Department of Environmental Quality and the National Pollutant Discharge Elimination System. (Ord. No. 754, 05/20/2003) Sd REll PoopIW ALC aumr -REAL COmmu"Ity TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Coffee Creek Lift Station and Force Main Improvements Assessment Area DATE: January 5, 2018 BACKGROUND: The Coffee Creek lift station and force main were constructed in 2002. Per the October 2016 Wastewater Master Plan, the lift station pumps, wet well and generator, as well as the 8" force main are in need of replacement and upgrade by 2020. The lift station is currently operating at approximately 90% of its rated capacity and provides service to Lake Valley and Coffee Creek subdivision, as well as several commercial developments along the east side of Highway 169. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time, the projected sanitary sewer flow will exceed the capacity of the lift station and force main. In November 2017, Public Works staff began discussions with Kellogg Engineering concerning needed improvements to the Coffee Creek lift station and force main in order to accommodate the current and future sanitary sewer flows within the basin. PROPOSED ACTION: Staff is proposing an ordinance to establish an assessment area for properties that are within the basin and authorized to utilize capacity within the Coffee Creek Lift Station and Force Main Infrastructure. The complete basin includes a total of 750 acres as depicted on the attached map. The existing residential and commercial development utilizing the current sanitary sewer service totals 412 acres, leaving a total of 338 acres remaining in the basin. Once engineering design, land acquisition and construction is complete, staff will calculate the total project cost divided by the remaining acreage to determine the proposed assessment fee. ATTACHMENTS: Assessment Area Map Proposed Ordinance Coffee Creek Lift Station Improvements Assessment 1" = 3,009 ft 01103/2018 . L Area 5 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date information. CITY OF OWASSO ORDINANCE DRAFT AN ORDINANCE AMENDING PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, BY ADDING SECTION 17 -307, COFFEE CREEK SEWER LIFT STATION IMPROVEMENT ASSESSMENT AREA, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE COFFEE CREEK SEWER LIFT STATION IMPROVEMENT PROJECT AND ESTABLISHING A SEWER ASSESSMENT AREA NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION 1: Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 17 -307 COFFEE CREEK SEWER LIFT STATION IMPROVEMENT ASSESSMENT AREA The Coffee Creek Sewer Lift Station Improvement Project will be constructed to accommodate the sanitary sewer needs for existing and future development and is hereby established as a "Designated Sewer Improvement." The area depicted on the map attached hereto as Exhibit "CCSLSI" shall be made a part of this ordinance and shall be designated as the Coffee Creek Sewer Lift Station Improvement (CCSLSI) Assessment Area. SECTION 2: REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION 3: SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION 4: DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 5: CODIFICATION The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified in Part 17, Chapter 3, as Section 17 -307. PASSED by the City Council of the City of Owasso, Oklahoma on the —day of January, 2018. (SEAL) ATTEST: Sherry Bishop, City Clerk Lyndell Dunn, Mayor APPROVED as to form and legality this day of January, 2018. Julie Lombardi, City Attorney 0""eople • REAL Cnen.w • RFAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Hazard Mitigation Grant Program DATE: January 5, 2018 BACKGROUND: At the November work session meeting, council was informed that the Oklahoma Department of Emergency Management (OEM) had demanded repayment of grant funds in the amount of $26,822.60. See attached memo dated November 10, 2017, with attached OEM letter. The grant was awarded in 2013 to update the city's Multi- Hazard Mitigation Plan. The City contracted with and paid $58,457.00 to INCOG to develop the Plan. In July of 2017, OEM informed city staff that INCOG could document only $31,634.40 of the contract work. Only the actual project costs can be reimbursed by OEM, regardless of the original budget. OEM believes they have overpaid the grant and must be reimbursed the $26,822.60 overpayment. INCOG Letter In a letter to the OEM dated November 13, 2017, INCOG states their position that the grant award was based on the OEM "Funds Calculator" and is consistent with OEM past practice. INCOG argues that OEM has changed policy and procedure for the grant years after the project has been completed. OEM Response The OEM responded in a letter to the City of Owasso, Mayor Dunn, dated December 21, 2017. The OEM states that the "Funds Calculator" is a planning tool for budget purposes. Guidelines within the grant documents advise that detailed records of man- hours, materials, etc. must be maintained for audit purposes to be reconciled with the cost- estimate budget. The OEM expects payment of $26,822.60 no later than January 31, 2018. Staff believes there is no recourse other than to reimburse the funds to the OEM. PROPOSED ACTION: Staff plans to recommend approval of payment of $26,822.60 to the OEM. ATTACHMENTS: Memo dated November 10, 2017: Hazard Mitigation Grant Program Letter dated November 13, 2017 from INCOG to Department of Emergency Management Letter dated December 21, 2017 from Department of Emergency Management to Owasso T Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Hazard Mitigation Grant Program DATE: November 10, 2017 BACKGROUND: In 2013, Owasso was awarded a grant to update the city's Multi- Hazard Mitigation Plan. The Hazard Mitigation Grant Program (HMGP) is funded by FEMA through the Oklahoma Department of Emergency Management (OEM), The grant provided $58,457 (75% federal share) with the city match of $19,486 (25% local share) for a total project cost of $77,943. The Council approved a contract with INCOG to update the Multi- Hazard Mitigation Plan. After completion of the plan and approval by FEMA, the Council approved Resolution 2014 -06, adopting the plan update. Payment of the INCOG invoice for $58,457 was approved on December 2, 2014. Grant funds of $58,457 were received in January 2015. In July of 2017, OEM informed city staff that INCOG was not able to justify the cost ($58,457) of the work for the plan. OEM stated that if the project cost less to complete than what was originally approved, then OEM can only reimburse the actual project costs. According to the OEM, INCOG can only justify $31,634.40 of the work. OEM believes they have overpaid the grant. If the full amount cannot be justified, Owasso must reimburse the $26,822.60 overpayment. After several discussions among representatives of OEM, INCOG and the City of Owasso, there has been no resolution. I IXT111 - iiai The attached letter from OEM (dated October 16, 2017) demands repayment of the overage amount of $26,822.60 no later than November 10, 2017. OEM agreed to an extension of time to allow for Council discussion at the November 14 work session and possible action at the November 21 meeting. INCOG Letter INCOG has drafted a letter explaining their position on the issue. INCOG states that the grant was based on the Funds Calculator developed by OEM to determine hazard mitigation planning grant awards. The Funds Calculator is based on a jurisdiction's population, number of school campuses, and similar variables and has been used for many years to determine the fair value for development of the plan. The INCOG letter states that it is unreasonable to apply new policies and procedures to a project years after completion and payment. It is not possible to document additional costs incurred but not recorded years ago. It is not possible to document compliance with procedures that did not exist at the time. ATTACHMENT- Letter-State of Oklahoma Department of Emergency Management, dated October lb, 2017 ALBERT ASR WOOD State Director October 16, 2017 Mayor Lyndell Dunn City of Owasso 200 S. Main St. Owasso, OK 74055 3 vnm STATE OF OKLAHOMA DEPARTMENT OF EMERGENCY MANAGEMENT Reference: Hazard Mitigation Grant Program (HMGP), FEMA- 4078- DR -OK, Project # 04, City of Owasso Hazard Mitigation Plan Project Dear Mayor Dunn, !MARY FALLIN Governor The purpose of this letter is to inform you of an overpayment on the above - referenced grant project. An internal review and closeout conducted by Oklahoma Department of Emergency Management (OEM) staff revealed the Indian Nations Council of Government (INCOG) received a payment of $58,457.00 for planning services on 01/22/2015. Upon closeout review, INCOG could only provide documentation in support of $31,634.40 in provided planning services. INCOG and the City of Owasso staff have been unable to produce additional documentation which would justify the $26,822.60 overpayment. In order to reconcile and closeout the FEMA HMGP Planning grant, OEM will require repayment of the overage amount. Please submit a check in the amount of $26,822.60 no later than November 10, 2017, payable to the below address: Oklahoma Department of Emergency Management Attn:Sandy Henry -DR- 1823 -06 P.O. Box 53365 Oklahoma City, OK 73152 Should you have any questions or need additional time for repayment, feel free to contact Matthew Rollins at (405) 521 -3140 or email at matthew.rollinsOmem.ok.eov. Sincerely, Albert Ashwood Director CC: Larry White, Director Support Services, City of Owasso P.O. BOX 53365- OKLAHOMA CrrY, OK 73152.3365.2401 N. LINCOLN (Will Rogers Building Tunnel) • OKLAHOMA CITY, OK 73105 405.521.2461 • FAX 405.5214053 - wwwxom.ok.gov Y �� f GRegional Partners — Regional Solutions 2 West Second Street Suite 800 1 Tulsa, OK 74103 1918.584.7526 1 www. /NCOG.org November 13, 2017 Mr. Albert Ashwood, Director Department of Emergency Management PO Box 53365 Oklahoma City, OK 73152 -3365 Dear Mr. Ashwood: We reviewed your letter addressed to Mayor Dunn from the City of Owasso advising the City that they must repay $26,822.60 for the Owasso Hazard Mitigation Plan Project. This request is unreasonable. In 2013 after receiving notice of funding, the City of Owasso engaged INCOG to work with the Owasso Emergency Management Director and a local committee to develop an update to the Owasso Hazard Mitigation Plan. The plan was completed and submitted in August 2014 and was approved by both the Oklahoma Department of Emergency Management (OEM) and by Federal Emergency Management Agency (FEMA). OEM's payment for the plan was made subsequent to plan approval. We are astonished by the characterization of payment for the plan in the amount of the grant as an overpayment. The grant awarded to Owasso for updating their Hazard Mitigation Plan was based on the Funds Calculator developed by OEM to determine hazard mitigation planning grant awards. (See attached.) Taking into consideration a jurisdiction's population, number of school campuses, and similar variables, the Funds Calculator has been employed for many years to arrive at a fair value for development of a plan. Grant funding has been consistent with the Funds Calculator throughout the years. Indeed, the OEM Funds Calculator indicated that the Owasso plan was valued at $77, 943.33 -- $58,457.50 in federal funds and $19,485.83 in matching funds, the exact amount awarded to Owasso. The N01 for the grant indicates that the match was to be met by the dues paid by Owasso to INCOG. To renege on the OEM Funds Calculator approach to determining the amount of the federal grant is contrary to OEM past practice. New policies and procedures applied to a project or grant retrospectively years after the plan has been completed and payment has been made is patently unreasonable. Program policy changes should only be implemented when it is possible for procedures, plans and documentation to comply with those policies, not after a plan is complete and approved. In this case especially, the Owasso Hazard Mitigation Plan developer and author, his supervisor, the Owasso City Manager, Owasso Emergency Management Director, and others involved in the project have retired. It is not possible to recreate the environment in which that plan was developed and to document the extent that additional costs were incurred but not recorded. It is not possible to adjust the procedures that produced the plan to comply with rules not in place at the time. OEM's payment of the exact amount of the Funds Calculator formula for the Owasso Hazard Mitigation Plan is consistent with and is evidence of past practice. The OEM agreement with Owasso makes clear that funds for work completed on the Hazard Mitigation Plan as approved by the State, would be forwarded to the Applicant after the Applicant provided to.the State completed work product and documentation acceptable to OEM. A plan was produced; the plan was approved; grant funds were paid. If your agency now believes overpayment occurred, the responsibility rests with your staff, who applied the procedures in effect at that time, approved the plan and made payment in 2014, now some three years ago. INCOG has assisted local governments with hazard mitigation planning for over 10 years, has developed countless other plans, and has administered a myriad of grants for five decades. A fixed price for a deliverable is both acceptable and standard for many grant programs, including Hazard Mitigation Planning Grants in the past. For the reasons stated above, we do not believe an overpayment occurred, and we do not believe the return of grant funds by Owasso or INCOG is justifiable. We are willing to meet with you to further discuss this issue. Sincerely, Rich Brierre Executive Director cc: Mayor Lyndell Dunn Warren Lehr Sherry Bishop Julie Lombardi Larry White ALBERT ASH WOOD State Director December 21, 2017 Mayor Lyndell Dunn City of Owasso 200 S. Main Owasso, OK 74055 Dear Mayor Dunn, ~Y35 r i� STATE OF OKLAHOMA DEPARTMENT OF EMERGENCY MANAGEMENT MARY lk ALLIN Governor This letter is in response to the Indian Nations Council of Government ( INCOG) correspondence dated November 13, 2017, appealing the payment reimbursement of the City of Owasso Hazard Mitigation (HM) Planning Grant, FEMA -DR -4078, Project 4004. INCOG is citing the OEM Funds Calculator as evidence of the assigned value of the City of Owasso HM planning grant. The justification of their appeal is the assertion that the payment reimbursement request is in violation of the assigned plan value. This Funds Calculator cited in the letter is a planning tool used to provide jurisdictions with the estimated amount of funding that could be eligible through the FEMA Hazard Mitigation Grant Program. The City of Owasso utilized this program to fund its Hazard Mitigation Plan Update, which was awarded on June 26, 2013. When a grant project is approved by FEMA, it is approved with specific categories of scope of work, line item deliverables, and eligible expense costs. The amount of approved federal funding for FEMA DR- 4078 - Project #004 was $58,457.00. To specifically address the basis of INCOG's appeal, the requirement for payment reimbursement of FEMA -DR -4078, Project #004 is not due to a misinterpretation of plan value. The requirement for payment reimbursement is due to a deficiency of INCOG's line item invoice documentation. As explained in the letter to the City of Owasso dated October 10, 2017, an audit of this project revealed an inconsistency of $26,822.60 in INCOG's documentation for invoiced planning expenses. According to email correspondence and a line item spreadsheet provided by INCOG's project planner, Mr. John McElhenney, only $31,634.40 of man-hours were expended in the development of the City of Owasso HM Plan Update. However, Mr. McElhenney invoiced the City of Owasso for $58,457.00 in project expenses. A copy of Mr. McElhenney's documentation has already been provided to the City of Owasso and INCOG for review. After this inconsistency was discovered, the Oklahoma Department of Emergency Management (OEM) gave the City of Owasso and INCOG multiple opportunities to provide additional documentation to resolve the issue. The following is a synopsis of the timeline of these opportunities: P.O. BOX 53365- OKLAHOMA CrtY, OK 73152-3365-2401 N. LINCOLN (Will Rogers Building Tunnel) - OKLAHOMA CtrY, OK 73105 L0911- EM 405 - 521.2481 - FAX 405.521.4053- tmm wm.okgov 4/10/17 Sue Homola contacted the project POC, Cliff Motto, to discuss audit findings. Ms. Homola was then referred to INCOG to resolve matter. 4/24/17 Ms. Ann Domin and two additional members of the rNCOG planning staff met with Matt Rollins and Sue Homola, where Mr. Rollins informed Ms. Domin that a payment reimbursement would not be necessary if INCOG could provide additional documentation justifying the overage. 6/23/17 Ms. Domin contacted Sue Homola and informed her that INCOG had no other documentation and could not justify overpayment. OEM then contacted the City of Owasso staff for documentation to substantiate the INCOG invoice discrepancy. 8/3/17 Matt Rollins and Sue Homola met with the City of Owasso staff and Ms. Domin to discuss reimbursement issue. The City of Owasso gave Ms. Domin thirty days for additional research. 9/6/17 Mr. Lary White, City of Owasso, informed Sue Homola that INCOG was unable to justify overpayment and that repayment of the grant project was now being negotiated. 11/13/17 INCOG appeal letter received. Please be assured that throughout this process, the OEM staff has looked at every available option to avoid a repayment of this grant project. However, our department must also adhere to the strict guidelines outlined in 2 CFR 200.331, Requirements for Pass Through Entities, which dictate the fiscal management of all federal grants. Within these guidelines, and further outlined in the enclosed State -Local Agreement signed by OEM and the City of Owasso, all payments must be reconciled against the grant- approved line item budget. In addition, failure to close out this project prevents the City of Owasso from obtaining another HM planning grant in the future. Please submit a check in the amount of $26,822.60 no later than January 31, 2018, payable to the below address: Oklahoma Emergency Management Attn: Sandy Henry -DR- 4078 -004 P.O. Box 53365 Oklahoma City, OK 73152 Should you have any further questions concerning this grant project, please contact Matthew Rollins, State Hazard Mitigation Officer, at (405) 521 -3140 or email at Manhew.Ro11ins@oem.ok.eov. Sincerely, 9Z4 /J' Alden Graybill Recovery Division Manager Enclosures: INCOG Appeal Letter OEM/City of Owasso State -Local Agreement for DR4678 Project #04 Cc: Mr. Rich Brierre, INCOG Executive Director 0', eople • REAL "amcler •REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: 2018 OneVoice Regional Legislative Agenda DATE: January 5, 2018 BACKGROUND: Eleven years ago, the OneVoice Regional Legislative Agenda was created out of a desire by the Tulsa Regional Chamber of Commerce to unify regional advocacy influence at the State Capital and in Washington, DC. The annual legislative agenda is developed through the collaboration of more than 500 regional partners representing chambers of commerce, municipalities, counties, school districts, economic development organizations, and industry members. Through these partnerships, the OneVoice Regional Legislative Agenda has come to reflect a unified commitment to improve and develop economic stability for northeast Oklahoma through active participation in our state and federal political processes. A key part of the OneVoice process is its exploratory task forces, where experts in each field come together to identify problems and craft solutions for the region and state. Task forces meet to identify and prioritize key legislative issues each year and as needed throughout the legislative session. Once the committees reach a consensus, a legislative summit is held with citizens, businesses, legislators, councilors, educators and community leaders to determine legislative priorities for both the state and federal agendas. These priorities are then shared with state legislators and members of Congress throughout the state and federal sessions. 2018 ONEVOICE AGENDA: Members of the Owasso City Council, city staff, Owasso Public Schools, and Owasso Chamber of Commerce participated in the task forces, as well as the annual legislative summit, to determine the 2018 legislative priorities. The 2018 OneVoice Regional Legislative Agenda has a wide array of focal points inclusive of both private and public interests with an emphasis on creating a long -term and effective solution for meeting the needs of Oklahoma's core services that will include new, stable, recurring revenue streams to fund or continue funding transportation, infrastructure, education, health care, and workforce resources. REQUESTED ACTION: A vital part of the OneVoice process is the endorsement of the legislative agenda by all community partners and local government entities affiliated and involved in the development of the agenda. The Tulsa Regional Chamber is requesting the City of Owasso endorse and advocate for the 2018 OneVoice Regional Legislative Agenda. A proposed resolution has been drafted for Council review and discussion at the January worksession. ATTACHMENTS: Proposed Resolution 2018 OneVoice Regional Legislative Agenda CITY OF OWASSO, OKLAHOMA RESOLUTION XXXXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA SUPPORTING THE 2018 ONEVOICE REGIONAL LEGISLATIVE AGENDA WHEREAS, The Tulsa Regional Chamber, through the collaboration of more than 500 regional partners representing chambers of commerce, municipalities, counties, school districts, economic development organizations, and industry members, have determined a regional legislative agenda for 2018; and, WHEREAS, through these partnerships, the OneVoice Regional Legislative Agenda has come to reflect a unified commitment to improve and develop economic stability for northeast Oklahoma through active participation in our state and federal political processes; and WHEREAS, there is a need to increase our influence at the State Capital and in Washington, DC, by efficiently communicating a regional message to the state legislature, members of congress, state and federal agencies aimed to maximize resources and craft policy that profoundly benefits our citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Owasso City Council hereby supports the Tulsa Chamber 2018 OneVoice Regional Legislative Agenda. DATED this _ day of January, 2018 Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney one voice 2018 Regional Legislative Agenda State Priorities BUDGET STABILITY NOTE: In recognition of broad agreement that Oklahoma's budget instability has become a top concern for job creators, participants in this year's OneVoice task force process elected a committee to represent their budget views in a unifying statement. A special addendum to the 2018 agenda, this statement compiles the diverse viewpoints of nine task forces made up of hundreds of public and private leaders spanning all major industries. Sustainable Budget & Revenue Streams: After nearly a decade of state budget instability and four years of shortfalls approaching $1 billion annually, the time for bipartisan action is now. Funding for essential state services has eroded to a level that critically threatens the future of our citizens and the national competitiveness of our economy. While we expect efforts to seek efficiencies and eliminate waste to continue, these will not resolve our near -term needs. The OneVoice Coalition demands of our elected leaders an immediate, long -term and effective solution for meeting the needs of Oklahoma's core services that includes new, stable, recurring revenue streams. EDUCATED AND HEALTHY WORKFORCE Address the Teacher Shortage: Improve the ability of Oklahoma's Pre -K -12 public schools to attract and retain effective career teachers through policies designed to increase the state's pool of qualified teachers and improve teachers' job satisfaction. This should include ensuring regionally competitive teacher pay, exploring incentive pay for special education teachers and teachers in high -need districts, incentivizing education for aspiring teachers through higher education programs, and supporting professional development. Oklahoma's ability to fill its growing teacher shortage with quality, effective teachers is crucial to the college and career success of its students and the sustainability of its workforce. Fund Public Education for the 21st Century: Create and fulfill a comprehensive budget plan to meet the current and future growing needs of common education, CareerTech and higher education with new, recurring, sustainable revenue. This should include immediately working to increase existing per -pupil funding to the regional average while working in parallel to determine future funding and programs needed to ensure Oklahoma's children and their future employers can compete across the globe. This should also include fully funding concurrent /dual enrollment at the level requested by the state regents. Long -term trends of reduced per- capita funding for Pre -K -12, higher education and CareerTech have stifled innovation in education and severely damaged Oklahoma's ability to produce an educated workforce. This has made the state less competitive for attracting and retaining teachers, and damaged its reputation around the world as a quality place to live, work and build a business. Health Care Workforce Expansion: Address current and future health care workforce needs in urban and rural Oklahoma through the following means: 1) Use all available state and federal resources to support and expand Teaching Health Center - related programs, including by expanding the Oklahoma Hospital Residency Training Act to include community -based training; 2) Support the Physician Manpower Training Commission; 3) Allow nurse practitioners and physician assistants with appropriate levels of training and experience to practice to the full extent of their license; 4) Support reimbursement for approved programs that use technology to provide a collaborative model of medical education and care management to empower primary care clinicians in rural and underserved communities to provide specialty care to patients; and 5) Support and incentivize graduate medical education and fellowships in underserved specialties, including psychiatry. one voice 2018 Regional Legislative Agenda Local Funding of Education: Provide municipalities with the ability to supplement state education funding and target the unique priorities of their community. Voters in local communities should be able to increase their investment in their public schools without sacrificing or impacting their state funding. Meanwhile, the state aid formula must ensure a regionally competitive base funding level for all schools, with additional increases in state funding directed through that formula. Protect Health Coverage: Protect health insurance coverage under SoonerCare and Insure Oklahoma programs using all available federal and state funds. This should include preventing the further reduction of Medicaid provider reimbursement rates and exploring options for reducing the state's uninsured rate. OHCA, DHS and mental health Medicaid services are vital to the health of Oklahoma's workforce; the survival of nursing homes and rural hospitals; and the vitality of the health care industry, a $12.5 billion economic engine statewide that employs more Oklahomans in primaryjobs than any other private industry. Support Behavioral Health Services: Expand behavioral health and substance abuse services to improve workforce efficiency, boost public safety, and help additional Oklahomans who sufferfrom mental illness and addiction. This should include: 1) Increase funding forthe Department of Mental Health and Substance Abuse Services to expand access to prevention, early intervention and treatment; 2) Ensure that any definition of "essential benefits" in Medicaid - related plans includes mental health and addiction services, and such plans fully comply with the federal mental health parity law; 3) Ensure full implementation of State Questions 780 and 781 to financially support behavioral health treatment; and 4) Continue support for expanding statewide use of the Labor Commissioner Mark Costello Act (assisted, court- ordered outpatient treatment). Workforce Development through TANF Funds: Redirect existing workforce development funding within Oklahoma's TANF allocation to Workforce Innovation and Opportunity Act - funded workforce boards, mirroring the Texas model for allocating these federal welfare resources. This will support industry workforce needs, provide more effective service to Oklahoma companies that are hiring and create a much - needed pipeline for low- income residents to obtain family- supporting jobs. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS Support Critically Needed Road Funding: Continue to improve Oklahoma's roads and bridges, and return streets and highways to a state of good repair by fully funding the Oklahoma Department of Transportation's eight -year plan and the County Improvement for Roads and Bridges five -year plan. Support an increase in the Oklahoma gas and diesel tax to a level comparable with surrounding states to provide a more sustainable revenue source paid by road users. Prioritize dedicating the fuel tax revenue and moving the remaining 25 percent of motor vehicle fees to transportation projects, which may include state highways, city and county roads and bridges, and public transit. Regional high - priority projects that can only be addressed through adequate funding include: widening of 1 -44 from 1 -244 east to the Will Rogers Turnpike; widening 1 -44 from the Arkansas River west to 1 -244 (Red Fork Expressway); expansion of U.S. 169 to six lanes north to State Highway 20; construction of a four -lane Port Road on Highway 266 from U.S. 169 to the Port of Catoosa, and from the Port of Catoosa to 1 -44; expansion of U.S. 75 to six lanes from State Highway 11 to State Highway 67; State Highway 20 bypass in Claremore; and high- capacity expressway -to- expressway interchanges between 1 -44, U.S. 169 and State Highway 51. one Voice 2018 Regional Legislative Agenda ENSURING A PROSPEROUS ECONOMY Criminal Justice Reform: Strengthen alternatives to incarceration and support reforms in sentencing, reentry and rehabilitation that safely reduce the prison population and enable nonviolent offenders to reenter the workforce. This should include investments in treatment and early- diversion efforts for individuals suffering from mental illness and addiction, as well as structural changes in the criminal justice system such as those proposed by the Oklahoma Justice Reform Task Force. These smart-on -crime reforms would improve community safety, reduce recidivism, lessen the burden on prisons and safety net programs, and enable more ex- offenders to contribute meaningfully to Oklahoma's economy. Economic Incentives: Support tax credits, exemptions and incentives that provide an economic return to the state of Oklahoma, maintain competitiveness in business attraction and retention, and increase capital investment. Several programs proposed for review by the Oklahoma Incentive Evaluation Commission are critical to the state's competitiveness and should be protected, including the Historic Rehabilitation Tax Credit, all Quality Jobs programs, the Quality Events Program and the Film Enhancement Rebate. Fund OCAST (Oklahoma Center for the Advancement of Science and Technology): Maintain OCAST's annual budget at its current level to avoid further loss of private sector - matched investment for growing and diversifying Oklahoma's economy. The state has lost more than $600 million in potential public - private investment as a result of reduced state appropriations for OCAST over the last five years. This funding assists Oklahoma in fourvital areas: 1) Research and development funding for businesses and universities; 2) Two -and four -year college internship opportunities; 3) Manufacturing support; and 4) Early -stage funding forstart-up businesses. This funding allows Oklahoma communities to attract and retain high - quality STEM businesses and critical college talent, which will encourage growth and expansion in these target industries. Modernizing Oklahoma's Alcohol Laws: Continue to support legislation that reforms Oklahoma's outdated alcohol laws, with particular focus on easing legal and regulatory burdens on restaurants, bars, event and sports venues, festivals, and other public events resulting from the elimination of low -point beer and the implementation of Oklahoma's new alcohol laws (Title 37A) in October 2018. Propose the creation of new licenses to be issued by the Oklahoma ABLE Commission, which would permit the aforementioned entities to sell and serve beer in the same manner in which low -point beer is currently sold and served, provided beer does not exceed the strength (8.99 percent ABV) that will be sold at grocery and convenience stores under the newly created Retail Beer License. Municipal Funding Diversification: Support legislation that removes barriers to allow municipalities to reduce costs, operate efficiently and diversify sources of revenue available to municipalities for operating revenue. Key initiatives include diversifying revenue for funding public safety agencies, streets and other infrastructure improvements; and preserving and strengthening cities' authority to promote economic development activities within their borders. onevoice 2018 Regional Legislative Agenda Promote Robust Energy Production: Oklahoma's combination of abundant energy resources and an entrepreneurial people has resulted in some of the lowest energy costs of any state in the nation. To preserve and maintain Oklahoma's position as a leading oil and gas producing state and to protect the important economic impact of oil and gas production to all Oklahomans, support an Oklahoma energy policy that provides a clear and reasonable regulatory environment, while opposing unnecessary and burdensome regulations and taxes. Support Sensible Water Policy and Environmental Funding: Show strong support for appropriate water conservation practices, incentives and educational programs to moderate statewide water usage while preserving Oklahoma's population growth and economic development goals. Additionally, support legislation regarding Oklahoma's water law and regulations that ensures a balance among commercial, residential and agricultural interests. The state should also maintain funding for the Department of Environmental Quality and Water Resources Board, which monitor water resiliency and quality. Oklahomans have made significant investments in reliance on existing supply agreements, and the state should continue upholding the principle that its abundant water supplies are to be efficiently developed, used, reused, conserved and enjoyed, guaranteeing future availability and financial sustainability for ratepayers, municipalities and rural water districts. onevoice 2018 Regional Legislative Agenda Federal Priorities EDUCATED AND HEALTHY WORKFORCE AmeriCorps Funding: Protect funding for the Corporation for National and Community Service, which supports local schools and nonprofit organizations with vital resources and manpower through AmeriCorps programs. Each year, these programs leverage $35 million in federal and local funding to deploy approximately 1,000 AmeriCorps members in over 50 school districts and 100 nonprofits in Oklahoma to supplement school services and provide unique educational experiences to local children. Federal Health Care Reform: Encourage Congress to refrain from changes to the structure and financing of Medicaid that would increase Oklahoma's uninsured rate and transfer federal risk and costs to Oklahoma taxpayers. However, remain open to innovations that decrease employer- sponsored and individual health insurance costs. In addition, reauthorize CHIP at existing funding levels. As the largest private employment sector in Oklahoma, health care and social assistance services make up hundreds of thousands of jobs, with Medicaid alone serving more than one million Oklahomans — two in three of whom are children — every year. Fund Pell Grant Program: Maintain current funding levels for the Pell Grant Program. In addition, allow funding for concurrent enrollment and oppose attempts to cap per- student grants. Mental Health Reform: Support full implementation of the reform measures signed into law as the 21st Century Cures Act in 2016. In addition, support continuing implementation and enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA), as amended by the Health Care and Education Reconciliation Act of 2010; and eliminate barriers to treatment set forth by the Medicaid Institutions for Mental Disease (IMD) exclusion policy and the 190 -day lifetime limit for inpatient treatment of Medicare recipients. This would ensure equitable coverage for mental health and addiction services in individual, group health plans and group health insurance coverage. Protect Federal Nutrition Programs: Maintain the structure, financing and eligibility criteria of federal nutrition programs underthe USDA, which benefit Oklahomans' health, family stability and educational attainment. The Child and Adult Care Food Program; Free and Reduced School Breakfast and Lunch (including the Community Eligibility Provision); the Summer Food Service Program; Supplemental Nutrition Assistance Program (SNAP); and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) are all critical tools for combating food insecurity and preventing chronic disease, obesity, delayed early childhood development, absenteeism in schools, school behavioral issues and lower academic achievement. Support Pell Eligibility for Short-Term, Industry- Driven Training: Expand Pell Grant eligibility to short-term, industry- driven training at higher education and vocational technical schools. Pell Grant eligibility is currently limited to programs covering two - thirds of an academic year, or 16 credit hours. This restriction was established before shorter -term credentials were as imperative for industry as they are today. Removing this restriction would help to build a much - needed worker pipeline for Oklahoma's companies. In addition, continue support for and recommend permanently reinstating Second Chance Pell funding. one voice 2018 Regional Legislative Agenda Support Training of Middle -Skill Workers: Support efforts to meet current industry needs form iddle-skill workers eligible forjobs that require training beyond high school but less than a four -year college degree. This includes: 1) Funding the Workforce Innovation and Opportunity Act at the level recommended by Congress as reauthorized in 2014; 2) Providing dedicated support for partnerships between industry and higher education and vocational technology schools; 3) Increasing funding for the Work Opportunity Tax Credit and expanding this program's support to include apprenticeships and other work -based learning; and 4) Expanding alternative pathways to employment, including apprenticeships, to allow for greater flexibility in learning opportunities. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS McClellan -Kerr Arkansas River Navigation System: Increase congressional appropriations to address the approximately $155 million in maintenance backlog of MKARNS — $142.5 million of which is deemed critical — potentially leading to a shutdown of the waterway over the next five years. Also address the White River Entrance Channel cut -off problem caused by the tendency of the White and Arkansas rivers to merge together during flooding. Failure to correct this issue will lead to a loss of navigation on the entire system. Finally, provide the necessary appropriations to deepen MKARNS to its 12 -feet authorized depth, thereby increasing barge productivity by 30 percent. Ensure any federal comprehensive infrastructure package includes funding for this issue. Tulsa's Levee System: Continue to support addressing the critical infrastructure needs with Tulsa's aging levee system, which the Corps of Engineers has designated as one of the five percent highest -risk levee systems in the country. Federal legislation has authorized the Corps to develop a plan for addressing the structural deficiencies, but securing funding should remain a top priority. If one levee fails, it would be catastrophic for homeowners, two nationally strategic oil refineries and multiple industries currently protected by the system, and have devastating environmental impacts for the region. Ensure any federal comprehensive infrastructure package includes funding for this issue. ENSURING A PROSPEROUS ECONOMY Collection of Online Sales /Use Taxes: Support passage of the Marketplace Fairness Act or other federal legislation that will ensure sales and use taxes already owed from online purchases are fairly and effectively reported, collected and remitted. Eliminate Barriers to Greater Use of Natural Gas: Support measures to reduce or eliminate barriers to greater use of American - produced natural gas, including CNG, LNG, GTL and NGLs. Oklahoma is the third - largest producer of natural gas in the United States, and the Department of Energy should facilitate full development of this resource to strengthen the country's national security, economic outlook and geopolitical position in the world. DOE action on this initiative has the potential to significantly increase the Tulsa region's job creation in the production and manufacturing sectors. onevoice 2018 Regional Legislative Agenda Federal Criminal Justice Reform: Reform national criminal justice systems to emphasize rehabilitation and restorative justice, and fully fund the Second Chance Act, Justice Reinvestment Initiative and Mentally III Offender Treatment and Crime Reduction Act. In addition, reconsider recent moves toward long sentences and the strongest possible charges for low -level drug offenses, which do not promote public safety, deterrence and rehabilitation. Smart-on -crime reforms will ease workforce shortages, save taxpayer money, improve public safety and lead to better pathways for ex- offenders to contribute meaningfully to their local economies. Federal Historic Tax Credits: Maintain federal Historic Rehabilitation Tax Credits for the restoration of historic buildings. These credits have for 30 years been an important catalyst for incentivizing private investment to preserve the nation's historically significant buildings and revitalize the historic cores of American cities. The existing 20 percent income tax credit for certified historic structures and 10 percent credit for certain noncertified historic structures should be preserved. Additionally, support the School Infrastructure Modernization Act, which expands the tax credit to include historic school buildings that still operate as an educational institution. Maintain Funding for EPA Brownfields Program: Encourage Congress to maintain, or even increase, current funding levels for the EPA's Brownfields Program. Federal funding for rehabilitating brownfields sites is vital for Oklahoma's communities to address core environmental challenges, and reopen land for successful economic development and growth. SBA Loan Programs: Streamline the application and approval process for the SBA 7(a) Loan Program in an effort to reduce the administrative burden of such loans. Additionally, support legislation that allows small business owners to refinance existing commercial debt using SBA's 504 Loan Program, and support the SBA's 8(a) program for disadvantaged small businesses. This will increase the availability of capital for small businesses and accelerate the creation of jobs and the growth of our economy.