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HomeMy WebLinkAbout2008.08.12_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Special August 12, 2008 6:00 p.m. Old Central 109 N. Birch Owasso, Oklahoma Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, August 8, 2008. ~ ~:, i ... _ Juliann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Presentation provided by the Assistant City Manager for Administrative Services for the purpose of reviewing various City policies, procedures, and funds. Ms. Bishop 3. Discussion relating to Community Development Department Items Mr. Rooney Attachment # 3 A. Requests for Final Plat (2) B. Block Party Information 4. Discussion relating to Public Works Department Items Mr. Rooney Attachment # 4 A. 2008 Water Quality Report -Certification of Completion and Distribution Owasso City Council August 12, 2008 Page 2 5. Discussion relating to Police Department Items Mr. Rooney Attachment #5 A. Proposed Amendment to Allow Indoor Air Rifles and Archery Ranges 6. Discussion relating to General Government Items Mr. Rooney Attachment #6 A. Discussion Relating to a Debris Management Plan and Pre-event Contract 7. Discussion relating to City Manager Items Mr. Ray Attachment # 7 A. Stone Canyon Annexation (Attachment) B. Stone Canyon Sewer Line Engineering Agreement (Attachment) C. Pelivan Contract for FY 08-09 (Attachment) D. Proposed Development Agreement for Morrow Place (Attachment) E. Proposed Contract for Youth Court (Attachment) F. City Manager Evaluation Process G. City Manager's Report 8. Legislative Report Ms. Lombardi 9. Report from City Councilors 10. Adjournment MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT -BURBERRY PLACE DATE: AUGUST 5, 2008 BACKGROUND: The City of Owasso has received a request from Bailey Ranch Investments, LLC., for the review and acceptance of the Burberry Place Final Plat of eighty-nine (89) residential lots, in seven (4) blocks on approximately 29.82 acres. LOCATION: The property is generally located on the south side of East 106th Street North and about a half of a mile east of North Garnett Road. A general area map that further depicts the subject property's location is attached EXISTING LAND USE: Undeveloped SURROUNDING ZONING: Southwest: Single-Family Residential- Sawgrass I & II East: Agriculture -Undeveloped SouthEast: Large Lot Residential ZONING HISTORY: June, 2007: The Owasso Planning Commission approved a preliminary plat for Maple Glen with the following conditions: • Indicate a sidewalk along E. 106th St. No. and the reserve • Show adjacent property owners • Show additional U/E provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. FINAL PLAT REVIEW PROCESS: The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8'/z X 11 copy and an electronic copy for records. ANALYSIS: The current owner/developer of the subject property plans to develop the area with eighty-nine (89) residential lots in four (4) blocks, on 29.82 acres of land. The proposed development is allowed by right with the RS-3 Zoning Designation. Three reserve areas have been included in the platted area, Reserve Area "A" being a detention pond, and will be reviewed as to their adequateness at providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The proposal for single family homes on the Burberry Place final plat is consistent with the Owasso Land Use Master Plan and is compatible with the most recent zoning decisions rendered by the Owasso City Council and Planning Commission for the area. The Burberry Place final is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, including livability space, which is the area of a given lot less areas dedicated to easements and/or building setbacks, unless otherwise addressed within the Planned Unit Development. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the rural water district #3 of Washington County. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the Maple Glen Final Plat at its regular meeting on July 23 2008.At that meeting, the utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: 1. Show finished floor elevations on Block 4, Lots 9, 10, 11& 12 PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on August 11, 2008. RECOMMENDATION: Staff intends to recommend acceptance of the Final Plat. ATTACHMENTS: 1. General Area Map 2. Burberry Place Final Plat m Z a U 0 AN WASSO ~-- ~ ~~ ~ -- ~ ~ ~ -~-~ ~ ~ ___PARKI ~,~~~r- - it -i___~ -~ r- ~-_-{ ' --- `- _~ ~~, --_ SHE ~~-' ~ ~ / ,~-;-_ f- ~ ~ ~~ ~~ ~ ~ ~~ ~-- 1~ f -~ / T `~~ 1~7''~ ~~ ~~ ~~T~~~~ ~~ x ~ _--- BURBERRY PLACE SUBDIVISION CITY OF OWASSO 8/1/08 LegeT1C~ 111 N. Main Street P.O. 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Cr, ,~.rr~. 3 d z x ~~a m B MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR ACCEPTANCE OF THE SEVENS FINAL PLAT DATE: AUGUST 5, 2008 BACKGROUND: The City of Owasso has received a request from Tapp Development Corporation applicant/owner, for the review and acceptance of The Sevens Final Plat. The Final Plat proposes five (5) lots in one (1) block on approximately 7.5 acres of property. The applicant wishes to plat the property so that they may develop a mixed use commercial development. LOCATION: Located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farms. EXISTING LAND USE: Undeveloped SURROUNDING ZONING: North: AG(Agriculture) and CG (Commercial General) South: AG (Agriculture) and CG (Commercial General) East: AG (Agriculture) SURROUNDING LAND USE: North: Undeveloped/Large Lot Residential South: Undeveloped/Large Lot Residential East: Large Lot Residential West: Owasso Expressway ZONING HISTORY: June, 2008: The Owasso Planning Commission approved the rezoning of the subject tract to a Commercial Shopping Zoning District within Planned Unit Development 08-02. June, 2008: The Owasso Planning Commission approved a preliminary plat for The Sevens with the following conditions: • Show a mutual access easement on the final plat • Show a 40 ft set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and acceptance of The Sevens Final Plat so that they may plat and eventually develop the property with a variety of commercial uses. The property is zoned CS (Commercial Shopping) OPUD 08-02 (Owasso Planned Unit Development Number 08-02). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the commercial uses associated with the plat is allowed by right according to the zoning designation. According to the final plat, the developer would like to create five (5) lots in one (1) block, on approximately 7.5 acres of land and is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, unless otherwise specified in the Planned Unit Development. The main access into The Sevens will be from North Garnett Road. The aforementioned access is being recognized as the only access point to the property. Lots within the development will be provided access from the private drive. The private drive will be placed within a common area designated for access purposes. A property owners association through the use of recorded covenants and restrictions shall govern maintenance of the private drive. In June, 2008, the Preliminary Plat for The Sevens was reviewed, and approved, by the Owasso Planning Commission. At that time, the following concerns were mentioned and made conditions upon approval of the final plat: • Show a mutual access easement on the final plat • Show a 40 ft set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance All concerns have been addressed, and the applicant is now ready to proceed in the platting process. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $35 per acre. TECHNICAL ADVISORY COMMITTEE: The Sevens Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 25, 2008. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. There were no concerns expressed at that time. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on August 11, 2008. RECOMMENDATION: Staff intends to recommend acceptance of the Final Plat. ATTACHEMENTS: 1. General Area Map 2. The Sevens Final Plat 3 0 Z a 0 0 ti ~_~-~ _. I I i ~, ~ .~_ ~_ ______ --~ _ _ STN __ _ __ _ ;OAK TREE ` iRCB ;BUS/NESS PARK II CENTEf~ ~~~, ~` ~~ ~~iiri~~r ~.. /r, ~ ~, ~, ~~ ~ .~\~ ,~ ~ ~/ ~o ~/ FIRM ~ ~ 'C``, rrANNPI PLACE ~ ~ ~ ,. 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Box 180 Owasso, OK 74055 North HIS MAF' IS FOR 7N~FORMATION PURPOSE ONLY AND IS NOT INTENDED "3'O EPRESENT AN ACCURATE AND TRUZ SCALE_ USE OF "T"I-1IS MA:[' IS WTTHOUT 918.376.1500 AFLRANTY OR REPRESENTATION SY CITY OF OWASSO OF ITS ACCURACY. ~ /BBANK~ _1..____ ~ ix ~ ~_ i ~a ~~ E ~~ P°'~ ~3 ~3- _ s(/ ~ ~ ~ 2~ ~ es ~ ~ ~® [ _ - _ _ _ w _ S ~ O p ~ bll ~ i _ - - - I _ ~ i ~ m~ W 2 /~~ i} ~ // ~ ~ S ~°,i ~~ ~ ~ ybT // ~ L~ //~ ~~~ ~ G ~?; / ~r e ~. e99 ~!t'N 5'L5_10 n$ ~ .60 fib` 3ZS f l ~2 =~j ~ \ \ S9~ ~ ~ - l ~ i ea aFV -aI ~ I a Lo{~ a o - I~ I i d' m I ~ d j Q~ - I ~ v ~S , s i ~s s .~ :V C ~ eb63bb ~ c _ ° .P 67. 61, 1~ .- < Q ~\ s a .!~ ., - o s ~f a _N ~~ ZZ a, ~, ~., u ~ n I~ ~ r - /// ~, w v ~ n ~ a a V G m F ~ j O ~ :~ ~~ 7 ., r s d V l: U N LL~CLI 3 62,61, ~.~ E--, ~ O 6 ~ I _ J' ~ I z 3 ~d W C `db o ~ ~ ~ ~, ZO ~C ~z ICI I ~ doh r R' ~_ _ Ro-b9l Ot S~N ~ O ~ III ~ ,. M „4S fl, lO h I c~ 1r ~ '. ~~ r.,~ _ _ _ ~; ,~ ,L ~~ - -- I ~~~ _ _ _ - rre ov _ _ -~ - - - - -e ~- - ~~ ~ o~ _ u~.- - - - ~ - 6 t, J ,~s~ __ ~ -- - - m~ ma° <~N sv ~s~ aa,i; - : 94z6i -- Z6-yam 6> M, E;,o~o1N - T >~ m _ _ ~ ' ~ e. `--°------ .~-----~---° ~ n.r .. -rv xv - v - avoalu7NaV9 ~rv » 6 ~i 7w ddb d~ _ ova _ ~~ 2~~ s z~r LL G U - c>~a Q m 4 m Y ~ ~ ~. ~ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: 2008 OWASSO BLOCK PARTIES DATE: August 7, 2008 BACKGROUND: This year's citywide block parties will be held on Saturday, September 13, 2008. The annual celebration of neighborhoods is a part of the city's on-going effort to help citizens get to know each other and build a sense of community and place. Judging from previous levels of neighborhood involvement, the staff expects around 25 to 30 block parties in 2008 throughout the city. The City is already preparing to provide support for the block parties; street barricades have been ordered, previous block party captains have been invited to organize parties again this year, and announcements about the parties have been mailed to residents. Interested block party captains can register their block party by visiting the city's website at www.cityofowasso.com and clicking on the Block Party link. Block party captains can request visits from Police, Fire, and Public Works personnel, and can also use the staff as a resource for ideas for planning their party. Typically, most of the block party registrations occur the week before the event. As in previous years, the staff will distribute a map of known block party locations to the city council members on Thursday, September 11~', along with a schedule that council members can use if they choose to attend some of the parties. Members of the city staff will also be attending many of the block parties. It has been our experience that the block parties are a useful way to maintain a personal level of contact with neighborhoods throughout Owasso, and the citizens seem to genuinely appreciate the attention that the City shows during the event. MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: ANNUAL WATER QUALITY REPORT WATER QUALITY REPORT CERTIFICATE OF COMPLETION AND DISTRIBUTION DATE: August 1, 2008 BACKGROUND: Every year, in conformance with the Safe Drinking Water Act, the City of Owassol prepares and distributes over 8,500 Water Quality Reports to our customers in an effort to enable our citizens to make practical and knowledgeable decisions about their health and the environment. The report contains basic educational information on the water quality -including levels of any detected contaminants, and compliance with drinking water rules. At a minimum, the report must provide consumers with the following fundamental information: - Lake, river, aquifer, or other source of the drinking water; - A brief summary of the susceptibility to contamination of the local drinking water source, based on the source water assessments that states are completing over the next five years; - How to get a copy of the water system's complete source water assessment; - The level (or range of levels) of any contaminant found in local drinking water, as well as EPA's health-based standard (maximum contaminant level) for comparison; - The likely source of that contaminant in the local drinking water supply; - The potential health effects of any contaminant detected in violation of an EPA health standard, and an accounting of the system's actions to restore safe drinking water; - The water system's compliance with other drinking water-related rules; - An educational statement for vulnerable populations about avoiding cryptosporidium; - Educational information on nitrate, arsenic, or lead in areas where these contaminants are detected above 50% of EPA's standard; and ~ Right-to-Know Amendment to Clean Water Act in (1996) requires that all owners of systems serving at 25 residents or more or that have 15 service connections serving year round residents distribute such report. - Phone numbers of additional sources of information, including the water system and EPA's safe drinking water hotline. It is worth noting that because the report simply summarizes information that the City must collect to comply with the Federal Safe Drinking Water Act, no additional monitoring is required to comply with this mandate. Additionally, since the City purchases water from the City of Tulsa, the Owasso's Water Quality Report uses much of the educational information and monitoring data provided by the City of Tulsa. A copy of the City of Owasso 2008 Water Quality Report is included as Attachment A. The mandate also requires that the City mail or deliver a copy of the Water Quality Report to each water customer, make an effort to deliver the report to non-bill-paying customers and provide copies of the report upon request. The City must send a copy of the Water Quality Report to the Oklahoma Department of Environmental Quality (ODEQ) and submit a Certificate of Completion and Distribution by October 1, 2008. The Certificate confirms that the information contained in the report is correct and that all distribution requirements have been met. COMPLIANCE STATUS: Staff confirms that the information contained in the City of Owasso 2008 Water Quality Report completed in June 2008 is correct and consistent with compliance monitoring data previously submitted to the ODEQ. Copies of the report were included in customer utility bills distributed during the month of June 2008 and may be viewed by visiting the City of Owasso webpageZ or the offices of Public Works Department at 301 West 2°a Avenue, Owasso. The City of Owasso has complied with all distribution requirements and may submit the Certificate of Completion to ODEQ upon approval by the Trustees. RECOMMENDATION: Staff intends to recommend Trustees approval for the Certificate of Completion and Distribution with the Oklahoma Department of Environmental Quality and authorize the Chair to execute all necessary documents. ATTACHMENTS: A. Copy of 2008 Water Quality Report B. Certificate of Completion and Distribution `Address: http://www.cityofowasso.com/PublicWorks/Water%20Quality%20Report%202005.pdf /~Ry of oWgg\ _ ~~t Public Works Department ~ ~~ ~~~ ~~ 301 West 2nd Avenue ; ~~ P.O. Box 180 ~; the city wiinout Limiis~. Owasso, OK 74055 ,~~ ~ fy ~ ~ ~,: ~~__ 2008 ANNUAL WATER QUALITY REPORT OwASSO'S DRINKING WATER IS SAFE!!! The City of Owasso is pleased to submit to you the 2008 Annual Water Quality Report. We take great pride in providing you, our customer, with reliable and safe drinking water that meets all Federal and State regulations. Again this year, parameters in our water are well below the maximum allowable levels in most instances. We want to keep you informed about the excellent quality of water and services delivered to you over the past year. This report explains where your drinking water comes from, and how the water is treated, monitored and delivered. The information included in this report reflects the data collected from January 1 through December 31, 2007. The included Water Quality Tabulation shows that some contaminants were found, however, not at levels to cause any concern. The Environmental Protection Agency (EPA) Safe Drinking Water Hotline Drinking water, including bottled water, can be expected to contain at least small amounts of some contaminants. The presence of these contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects may be obtained by calling the Environmental Protection Agency's (EPA) Safe Drinking Water Hotline (800-426-4791). In order to ensure that tap water is safe to drink, the EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water, which provide protection for public health, as well. For questions concerning your water utility, please contact the Owasso Public Works Department at 272-4959. Inquiries about this report may be directed to Roger Stevens (Interim Public Works Director). For questions about your water bill, please contact the City of Owasso Utility Billing Office at 376-1500. ease attend any of the regularly scheduled eetings of the Owasso City Council and the wasso Public Works Authority. Meetings are 'ld on the first and third Tuesday of each onth at Old Central (109 N. Birch) beginning at 30 p.m. For Additional Information: c Visit our website at: _- www.cityofowasso.com ,s~ FAY 2008 Water (,duality Report Questions and Answers about Owasso's Drinking Water 9. Where does Owasso's water come from? 9. What does the data mean? A. Our water is purchased from the City of Tulsa. The water is treated surface water transported from three sources in northeastern Oklahoma (Lake Oologah on the Verdigris River, Lakes Spavinaw and Eucha on Spavinaw Creek, and Lake Hudson on the Neosho River). After the water reaches the lakes, it travels to the Mohawk and A.B. Jewell water treatment plants where it is treated to remove substances that might threaten public health. g. Which plant treats our drinking water? A. Tulsa has avast underground network of pipes that carry drinking water from two treatment facilities to our faucets. Which plant provides water to specific areas of the city and surrounding areas depends on daily changes in supply and demand. Generally, customers in the north and west portions of Tulsa (which includes Owasso) receive water treated at the Mohawk Plant and those in the south and east areas are served by the A.B. Jewell Plant. Both plants serve the central areas of Tulsa. 9. Is Owasso's water safe to drink? A. YES. The City of Owasso and the City of Tulsa routinely monitor for irregularities in your drinking water according to Federal and State laws. In 2007, the City of Tulsa analyzed more than 2,300 samples looking for pollutants that might be dangerous to your health, and substances that can make the water taste or smell unpleasant. In addition, the City of Owasso collected 300 samples throughout the distribution. The adjacent table shows the results of our monitoring for the period of January through December 2007. A. As you can see by the table, the drinking water delivered to Owasso area homes and businesses exceeds all federal requirements. Although some contaminants were detected in 2007, the EPA has determined that your water is safe at these levels. 9. What are contaminants? A. The sources of drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity. Contaminants that may be present in water prior to treatment include: Microbial contaminants: Come from sewage treatment plants, septic systems, agricultural livestock operation and wildlife. Inorganic contaminants: Naturally-occurring or result from urban stonnwater runoff, industrial or domestic wastewater discharges, oil and gas production and mining or farming. Pesticides and herbicides: Come from a variety of sources such as agricultural urban stormwatier runoff and residential uses. Chemical contaminants: Include synthetic chemicals - are byproducts of industrial processes and petroleum production that can come from gas stations, urban stonnwater runoff and septic systems. Radioactive contaminants: Naturally occumng substances or the result of oil and gas production and mining activities. Important Health Information Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA and The Center for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbiological contaminants are available from the Safe Drinking Water Hotline (800-426-4791). WATER QUALITY DATA TABULATION 's Water Duality Data: urbidity level found 0.36 Tf' =less than 0.3 NR'U 95 N/A Soil runoff Lowest monthly percent meeting re gulations 99% percent of the tune Lead 2.7 ppb at 90th percentile AL` = 15 parts per billion 0 Corrosion of household plumbing systems Beta Radionuclides ~n/a ~n/a ~n/a ~4 mrem/yrf Acids I20 ~0 I43 I60 parts per billion annual IN/A 1.3 I4 parts per million of natural and man made deposits of drinking water disinfection additive promoting strong teeth 1~7IZI it * -LO p:u i. p<•r f•461:LG" Chlorinr 1.7 `7 ~.Q A4'na ~~r addili~~r u~cd in rnnirul nucrulic.. million unnnul acer~;;~ }.0 frihalomethana 49 '20 90 80 parts per billion annual N/A By-grrxluct of drinking water chlorinatfon average Some }>cople who drink water containing trihalamethanes in excess ol'the MCh over many years may experience problems with their fiver, kidneys; or central nervous systems, and may have an increased risk of getting ruteer. The risk assessment devloped for trihalomethanes showed that those corrstztning 2 liters of water with 100 ppb trfhalomefhanas for 70 }'ears increased the llkeliltotxl of developing cancer by l in orte million. Airuzinr'" n/a n/a n/a 3 pan= per billion kunolt liom herbicide u~cd ou row craps have not been estabnshed'Naturally occurring or urban stormwater )wasso's Water Quality Data: Dial Q9itorm 2 >1 posit ice 0 positicc Naturally pnt~cm in the cnyironmcm eeal Conform ancJ F~ Colt 0 >_ positive 0 positive Human and animal fecal waste *Definitions of Terms Found in the Table: MCL (Maximum Contaminant Level): The highest level of a contaminant allowed in drinking water. MCLs are set as close to the MCLGs as Ceasible using the best avadable treatment technology and taking cost Into consideration. MCLs are enforceable standards. MCLG (Maximum Contaminant Level Goal): "Ihe level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safetu and are non-enforceable pubnc health goals. MRLD (Maximum Residual Disinfectant Level): The highest level of a disinfectant allowed rn drinking water. There is convincing evidence that the addition of a disinfectant is necessary for control of microbial contaminants. MRDLG (Maximum Residual Disinfectanat Level Goal): The level of a drinking water disinfectant below which there is no known or expected risk [o health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants. TT (Treatment Technique): A required process intended to reduce the level of a contaminant in drinking water. (Action Level): "Ihe concentration of a contaminant, which if exceeded, triggers a treatment or other requirement which a water system must follow. NTU (Nephelolometric Turbidity Unit): A measurement of the turbidity, or cloudiness. of the water. Turbidity has no health effects. However. turbnli ~ c can interfere with disinfection and provides a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. Thcs~~ organisms include bacteria, viruses, and parasites that can cause sVtnptom,, sudt as nausea. diarrhea. and as,.ooiatcrl headaches. mrem/yr (millirems per year): A measure of radiation absorbed by the body. ppm (parts per million): Comparable to 1 minute in hyo years. ppb (parts per billion): Comparable to I minute in 2,000 years. N/A (Not Applicable) "Data collected November 2000. Frequency of monitoring requirements is within wmpnance regulations. WATER CONSERVATION TIPS 1. Fix leaking faucets, pipes and toilets. 2. Replace high water use fixtures. 3. Install water-saving devices =~' ~, in faucets, toilets and appliances. Water conservation measures are an important first step in preserving our water supply. Also, utilizing these measures can save you money through reductions in your water and sewer bills. Here are a few suggestions: Take a shallow bath (Saves 15-20 gallons) Use the garbage disposal less (Saves 50-150 gallons per month) Turn off the water while brushing your teeth or shaving (Saves approximately 3 gallons per day) Water the lawn only when I I Plant drought-resistant necessary trees/shrubs (saves up to loon (Saves up to 1000 gallons per month) gallons per month) Keep a bottle of cold water in the refrigerator for drinking instead of running the tap (Saves 200-300 gallons per month) Run only full loads in the washing machine and dishwasher (Saves 75-200 gallons per month) Shorten your shower (A 2-minute reduction can save 700 gallons per month) Consumer Confidence Report CERTIFICATE OF COMPLETION and DISTRIBUTION PWS Name: City of Owasso PWS ID#3007218 The community water system indicated above hereby confirms that the Consumer Confidence Report has been distributed to customers (and appropriate notices of availability have been given) in accordance with 40 CFR 141.155. Further, the system certifies that the information contained in the report is correct and consistent with the compliance monitoring data previously submitted to the pnmacy agency. Certified by: Name• Title: Phone: Date: RETURN a copy of your Cousumer Confidence Report and the signed Certificate of Completion and Distribution to the followiug address: Consumer Confidence Report Water Quality Division Department of the Environmental Quality P.O. Box 1677 Oklahoma City, OK 73101-1677 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: REQUEST TO AMEND CITY CODE OF ORDINANCES TO ALLOW FOR INDOOR AIR RIFLE AND ARCHERY RANGES DATE: August 7, 2008 BACKGROUND: The City of Owasso has received a request from Mr. Steve Singleterry, Administrator for the Owasso Campus of the Baptist Children's Home to allow for a firearm safety educational course and a competitive target practice program at their campus facility. A copy of the request letter from Mr. Singleterry is attached for your information and review. As addressed in the request letter, the equipment that would be utilized for the proposed program would be spring force or gas operated pellet rifles and pistols only. No powder charged or metal cartridge firearms would be utilized. Currently Section 10-308 of the Owasso Code of Ordinances prohibits the use of air rifles or similar instruments in which the propelling force is a spring or air within the City Limits. A copy of this portion of the Code of Ordinance is attached. Chief Yancey, Deputy Chief Chambliss, and Mr. Wiles reviewed the request from Mr. Singleterry. All felt the indoor instruction and target practice facility requested by Mr. Singleterry, along with the supervision outlined, did not pose any type of inherent danger or risk. Staff committed to Mr. Singleterry to place a request before the City Council to amend the Code of Ordinances to allow for indoor air rifle ranges. ADDITIONAL INFORMATION: Upon staff review of the Code of Ordinances, it also became evident that archery facilities were not addressed. As a result, staff is also proposing that indoor archery facilities be included in the amendment to the Code of Ordinances. Staff is in the process of developing an appropriate ordinance to present to the City Council at the August 19, 2008 regular meeting for the suggested amendments. RECOMMENDATION: Unless concerns are expressed by the Council, staff intends to place an ordinance which would amend the City of Owasso Code of Ordinances to allow for indoor air rifle and archery ranges on the August 19, 2008 regular meeting agenda of the City Council for action. ATTACHMENTS: 1. Request Letter from Mr. Singleterry. 2. Copy of Section 10-308 of the City Code of Ordinances Baptist Children's WASSO June 9, 2008 TO: Owasso City Council RE: Request for a variance FROM THE DESK OF STEVE SINGLETERRY ADMINISTRATOR The Baptist Children's Home has been in Owasso since 1973 and is a licensed (by the Department of Human Services) and currently has a capacity of 52 children and youth. Our program currently provides residential services for children, youth and adolescent maternity clients for the state. Our residents are typically neglected, abused or come from economically disadvantaged families. We are a true non-profit SOlc3 as we do not charge families or DHS for any of our services while the children are in our care. We are proud to be a part of the Owasso community while "helping children become capable, caring Christian adults..." The activity program at the Baptist Children's Home is continually reviewed and revised in order to offer a variety of activities, skills development, recreational and educational opportunities for our residents during their placement on our campus. Recently, one such opportunity presented itself at the request of several of our residents that they would like to learn firearm safety and be able to participate in some form of competitive target practice program. We respectful submit this proposal and ask your consideration of our request for a variance in this matter so we might be able to offer a "*firearm" safety educational course and a competitive target practice program at our campus facilities in Owasso. Please review the program elements as outlined below. Instructors: 1) Charles McCormick retired Oklahoma Highway Patrolman, an active Children's Home volunteer and former employee and 2) Steve Singleterry, Children's Home Administrator, NRA Youth and Marksman Program. The program would be a scheduled activity, open to those residents at who are at a higher level of behavior and performance and the program would maintain a 2 to 1 -resident to staff ratio for safety and supervision at all times. Program Elements: Residents would learn "firearm" safety elements: handling, loading, discharging and cleaning and storage of the rifles and pistols. Range safety procedures would also be presented and a strict adherence to all rules and guidelines would be required of all participants. Ear and eye protection will be required and we have floor mats for the various "shooting" positions for the residents. Instructors would hold classes as a group, but only 2 "shooting" residents would be allowed in the range area with the range master. Equipment: The program would utilize only spring force or gas operated pellet rifles and pistols for safety training and target practice. *Absolutely no powder charged or metal cartridge firearms would be utilized in this program. Note: We will not use "assault style" or "exotic" styled rifles or pistols, but typical target practice (single shot or 5 shot magazine) styled rifles that can be discharged at standing, sitting and prone positions and basic air/gas operated pistol models. These are not toys and the residents will not have any unsupervised access to the rifles or pistols. We have researched several programs and equipment used in European based air/gas discharged competitive target practice programs that are allowed in countries with very strict traditional firearm laws. Stora e: All rifles, pistols and pellets will be stored in a locked metal storage cabinet in a locked storage room, within the Vocational Educational building (which requires staff supervision for our residents to be in the building) with keys only available to the above mentioned staff. Facility: The range would be indoors at our Vocational Educational building (insulated metal building at 7295 N 127th East Ave, specifically in the "drive through auto bay". The program would utilize paper target (scoring rings) with steel safety target traps at 50' -all indoors and within the building's bay. These traps are designed for 22 caliber rimfire target practice and are more than adequate to stop the spring or gas propelled pellet. In addition, we would place a large sheet of 1/8" plate steel behind the target traps as secondary or safety backdrop panel that would stop any stray pellet from the range area. We believe that having the "range", educational room, and storage indoors at our Vocational Educational building will limit any substantive noise issues or public viewing of the program. Target Trap -rated to "trap" a 22 rimfire bullet. We appreciate your kind consideration of this request, and if you have any additional questions, please contact either Chuck McCormick or myself at the campus. Thank You, Steve Singleterry Administrator Baptist Children's Home -Owasso Campus 12700 East 76th Street North Owasso, Oklahoma 74055 918-272-2233 Offenses and Crimes b. a firearm used in the commissi+on of a crime other than a violation of subsection (B) of this ordinance. Nothing in this section shall be construed to require confiscation of any firearm. (Ord. No. 854, 04/18/2006) SECTION 10-307 DISPLAY OF GUNS UNLAWFUL -REPEALED (State Law Reference: Firearm Regulation-State Preemption, 21 O.S. § 1289.24) (Repealed by Ord. No. 853, 04/18/2006) SECTION 10-308 AIR RIFLES PROHIBITED A. It is unlawful and an offense for any person to have in his possession a loaded air rifle or pistol, or similar instrument in which the propelling force is a spring or air, within the city. B. The chief of police or other police officers of the city is and are hereby authorized to seize, remove or destroy any air rifle, air pistol or similar instrument in which the propelling force is a spring or air and possessed in violation of this chapter. (Prior Code, Secs. 14-67, 14-68) SECTION 10-309 DISCHARGING WEAPONS; THROWING MISSILES It is unlawful for any person, except a duly commissioned police officer or civilian in the presence and under the direction of duly commissioned police officers of the City of Owasso, Oklahoma, while participating in training or tournament activities on the Owasso Police Department Firing Range, to discharge or fire any species of firearms, air pistol, air rifle, air gun, slingshot, or discharge a grenade, bomb or similar device, or other weapon, or throw any missile within the city, except when necessary for the protection of life or property in accordance with law. (Prior Code, Secs. 14-54, 14-66, Ord. No. 549, 8/ 17/97) State Law Reference: Discharging firearms or air rifles in public places, 21 O.S. Section 1364; authority of city to prohibit discharge of firearms, 11 O.S. Section 655. SECTION 10-310 RECKLESS CONDUCT It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person. SECTION 10-311 LOUD NOISE OR MUSIC PROHIBITED, AMPLIFIED SOUND It is unlawful for any person to disturb the peace and quietude of any part of the city by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, with or without a loud speaker, in such a manner as to emit loud music, noise or words. This section shall not prohibit religious bodies from playing chimes, bells, carillons or other religious music. (Prior Code, Sec. 14-57) SECTION 10-312 NOISES It is unlawful for any person to create any loud or unnecessary noises of such character, intensity or duration as to be detrimental, or disturbing to the peace, lives or health of any individual. The following Page 10-18 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: DEBRIS MANAGEMENT PLAN AND PRE-EVENT CONTRACT DATE: August 7, 2008 BACKGROUND: Following the December 2007 Ice Storm event, staff had the opportunity to work closely with both FEMA and Oklahoma Emergency Management representatives. As a result of that work, staff is aware of two different actions the City of Owasso can take to not only improve the City's response to a similar natural disaster, but also increase the amount of federal reimbursement. DEBRIS MANAGEMENT PLAN: Both cities and counties are encouraged to develop and submit for FEMA approval, a debris management plan. The objectives of a debris management plan are as follows: • Reopen roads and provide access to facilities that provide essential government and population support services. • Remove debris from public property • Assist citizens in removing debris from private property • Reduce the volume of debris going to disposal facilities to extend the life of those facilities and to reduce costs • Ensure hazardous materials are segregated from other debris and properly disposed of. It is very easy for one -especially after the December 2007 Ice Storm - to think of debris only in the terms of fallen branches. However, debris can follow any type of disaster (both natural and man-made) and can include building materials, household items, personal property, hazardous household products, batteries, automobiles, boats, chemicals, food, dead animals, etc. Successful completion of a Debris Management Plan will allow the City of Owasso to be reimbursed an additional 5% from FEMA in the event that a federally declared disaster occurs in Owasso resulting in the need for debris management. For instance, if a debris management plan would have been in place for the December 2007 event, Owasso could be receiving an additional $40,000 in reimbursement. PRE-EVENT CONTRACT: One aspect of a Debris Management Plan that communities can consider is a pre-event contract for debris removal services. This is a contract that would be in place -usually for a period of three to five years -that acts as a retainer for debris management removal and services that could follow a natural disaster. In the event Owasso suffered a major disaster, this would be a contract that would already be in place to allow for immediate activation of a debris removal company and its services -rather than waiting for sealed quotes and publishing bid specifications. While Owasso's response to the Ice Storm was one of the most rapid in the State of Oklahoma, if a pre-event contract had been in place, initiation of citywide removal of debris could have occurred much more rapidly than December 26th REQUEST: This is an item for information purposes at this time. Unless concerns are expressed by the City Council, staff plans to move forward with the development of a Debris Management Plan, as well as developing bid specifications and seeking bids for apre-event contract for debris removal services. Any Debris Management Plan and award of a pre-event contract would require Council approval and would be placed on a future Council agenda for action. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REQUEST FOR ANNEXATION OF STONE CANYON DATE: August 7, 2008 BACKGROUND: The City of Owasso has received a request to annex the northern two square miles (approximately 1,280 acres) of the Stone Canyon development. Stone Canyon is a large multi- family development proposed for the area roughly between North 161 S` East Avenue and North 193rd East Avenue on the south side of East 76th Street North, stretching south to State Highway 266 (also known as East 46th Street North and Port Road). The entire development area is 3,330.95 acres, and was placed within a Planned Unit Development (PUD) approved by Rogers County on October 17, 2005. PROPOSED LAND USES WITHIN STONE CANYON DEVELOPMENT: A variety of land uses are approved for Stone Canyon, though the lion's share of the acreage is reserved for single-family residential use. The specific breakdown of land uses is as follows: 1. Single-family residential: 2,655.87 acres 2. Multi-family residential: 60 acres 3. Commercial: 99.02 acres 4. Mining: 458.86 acres 5. Industrial: 36.01 acres 6. Open Space: 21.19 acres Though the acreages are not yet determined, the developer proposes locations for an elementary school and a fire station within Stone Canyon in addition to the above uses. SURROUNDING LAND USE: Land bordering Stone Canyon within the Owasso fenceline is predominantly used for single- family purposes, with examples of subdivisions being Rockford, La Strange, Timbergate, and Oakridge. Gundy's airport lies north of Stone Canyon, and the Anchor Stone rock quarry lies to the west. Additionally, there are over 500 undeveloped acres bordering Stone Canyon within Owasso's fenceline. PRESENT ZONING: Stone Canyon PUD -Rogers County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning, and can happen concurrently with annexation. In order to develop the property the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS: The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation, and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials, the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials, and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits, an ordinance officially declaring the 2 annexation is written and adopted by the City Council. Once adopted, the ordinance is circulated to the appropriate regional and national agencies for recording and altering maps. LEGAL CONSIDERATIONS OF ANNEXATION: According to Oklahoma statutes, the City of Owasso may annex this property with the consent of the property owner as long as the territory is contiguous to the existing incorporated limits of the City. While the property is not adjacent with the developed portion of the city's limits, the property does lie contiguous to the city's fenceline, a 66' wide strip of incorporated area, satisfying the statutory requirement. Owasso ordinance number 346 annexed this 66' wide fenceline, and was passed on October 18, 1985. According to municipal requirements for annexation, once the City of Owasso receives a request from the property owner for the territory to be made a part of the incorporated area, the request is reviewed by the Annexation Review Committee, Planning Commission, and City Council. The Annexation Review Committee originally considered the annexation at their meeting on November 28, 2007. At that meeting, the committee determined that the Stone Canyon territory requested for annexation is serviceable by the City of Owasso and recommended approval of the annexation. However, the annexation process was paused after the November Annexation Review Committee meeting so that the issue of fire service, an on-going concern for the development, could be addressed. The staff is now prepared to bring the annexation request back to the committee so that the annexation process can be resumed. The Owasso Planning Commission will consider the annexation at a public hearing, and will then make a recommendation to the City Council whether to annex the property. The City Council will then consider the annexation request. As per code requirements, the staff has mailed notices of the public hearing to the owners of property within 300' of the subject territory, and has published the notice of the public hearing in the Owasso Reporter. ANAT.VCTC• The applicant is requesting that the City of Owasso annex approximately two square miles (1,280 acres), located between North 161St East Avenue and North 193rd East Avenue on the south side of East 76th Street North. It is the applicant's intention to develop the property for a variety of uses, including residential subdivisions, an elementary school, and a fire station. The property has already been placed within a Planned Unit Development (PUD), and parts of the property have already been platted. The applicant has requested that the land be annexed into Owasso so that the development will be able to receive municipal services. These two square miles form a part of a development known as Stone Canyon, a large multi-use community planned to extend from East 76th Street to the north to Highway 266 to the south. Over 3,000 acres in size, Stone Canyon proposes a variety of uses, including residential uses of varying densities, commercial and office uses, an elementary school, rock quarrying, and recreational uses such as a golf course and hiking trails. The terrain located within Stone Canyon is quite diverse; the northern portions of the development (those requested to be 3 annexed) are characterized by gently rolling pastureland, while the southern part of the development contains steep rocky canyons and bluffs. Currently, Stone Canyon does not have sanitary sewer service. It receives water from Rogers County Rural Water District #3, and lies within the Limestone fire district. The portion of the development that is proposed for annexation is under the beginning stages of development. Three subdivisions totaling 252 acres and 174 residential lots have been approved by Rogers County. All three of these additions are located northwest of the intersection of North 193`d East Avenue and East 66`'' Street North. These neighborhoods occupy the southeastern portion of the territory requested for annexation. It is the staff's understanding that to date no structures have been occupied. The property is bounded to the north and east by large-lot residential properties of varying densities. Land to the south of the property is still undeveloped, while the rock quarry is situated west of the property. To date, the staff has not received any questions or comments from surrounding property owners. The property is accessible via East 76`'' Street North, and lies within the Rogers County Rural Water District #3 water service area. PROPOSED WASTEWATERLINE: The City of Owasso is currently considering extending a 10" gravity interceptor to the western boundary of the Stone Canyon development. The cost of such an extension is estimated to total $4.2 million. It is anticipated that the developers of Stone Canyon would then extend the sanitary sewerline into the development to serve the various uses such as the elementary school, fire station, commercial area, multi-family area, and a portion of the single-family area. In total, over 3,800 acres both within Stone Canyon and outside Stone Canyon could be made serviceable by the proposed sanitary sewerline. DESCRIPTION OF SUBDIVISIONS BEING CONSTRUCTED WITHIN STONE CANYON: Three single-family subdivisions within Stone Canyon have already been approved by Rogers County. All three of these additions are located within the eastern section proposed to be annexed by the City of Owasso. There are currently four houses being actively constructed in this area. These subdivisions are accessible via North 193~a East Avenue, and are recorded as follows: 1. Settler's Creek at Stone Canyon 48 lots 71 acres 2. Tanglewood at Stone Canyon 741ots 93 acres 3. Lakes at Stone Canyon 52 lots 88 acres The sizes of the single-family lots within these three developments range from 0.79 acres (34,323 square feet) to 1.49 acres (64,913 square feet). The attached City Engineer's report details the City's findings related to the infrastructure of the three subdivisions, synopsized below. 4 STORMWATER DRAINAGE - In many aspects, the stormwater drainage provided for the three subdivisions is satisfactory, although the stonnwater system falls short of meeting the requirements of the Owasso Engineering Design Criteria. The most concerning observation about the stormwater drainage is that there is a significant amount of silt impacting the ditches and threatening to clog the culverts within the system. If the capacity of the stormwater system is to be maximized, this silt will have to be removed. All three of the new subdivisions drain to the west through Stone Canyon property to a basin that will be used to provide detention for almost all of Stone Canyon - a proposed 60 to 80 acre lake to be located in the western section requested for annexation by Owasso. The subdivisions have been designed with borrow ditches instead of curbs, gutters, and inlets. Sidewalks have not been designed for these subdivisions. The basic findings of the engineering review are: 1) that the driveway culverts should be 6" larger than the minimum diameter indicated to be appropriate by the hydraulic analysis, 2) that the ditch velocities should be increased to at least 2.5 feet per second, and 3) that the borrow ditches should be constructed with a trickle channel at the bottom of the ditches. STREETS AND GRADING - The streets within these residential subdivisions do not meet City of Owasso standards. The major deficiencies of most concern are 1) the pavement thickness is considerably less than the 6%2" required by the City and 2) not all of the road sections are bordered with a 2' shoulder. In order to meet the needs of local traffic, school buses, and refuse collection vehicles, the Owasso Engineering Design Criteria call for a minimum thickness of 6%" for street pavement. The pavement thickness found in the subdivisions varies from 1%" to 4%2". The staff believes that the roads constructed in the subdivisions will have a significantly shorter life than roads built within Owasso that meet the design criteria. The base under the roads is believed to be acceptable. The roads' sub-base is compacted to 95% standard density; however, no sub-base treatment (modifications with lime or fly ash) was performed to account for the presence of plastic soils. Some of the completed portions of the pavement are without 2' shoulders. Such shoulders should be constructed with streets that do not have curbs and gutters, in order to provide support for the pavement. The lack of these 2' shoulders will likely result in pavement degradation, particularly at the pavement edge. WASTEWATER TREATMENT - These three subdivisions (174 lots) are intended to have private, individual, aerobic sewer treatment systems. Further, the same amount of area (and likely another 150 to 200 lots) to the north of these subdivisions within the territory requested for annexation has been proposed to be constructed with aerobic sewer treatment systems. The City of Owasso is allowed to permit such aerobic systems within the city limits. However, the staff has serious concerns about the long- 5 term viability of aerobic treatment. The maintenance of such systems will be left to the homeowners. If the systems are not properly maintained, the City of Owasso could be compelled to eventually provide sanitary sewer service to these residential additions if the annexation is approved. The Owasso Wastewater Treatment Plant does have the capacity to treat the anticipated increase in flow resulting from the Stone Canyon development. WATER - Water service to Stone Canyon will be provided by Rogers County Rural Water District No. 3. The waterline designs appear to be satisfactory for the most part. The major issue of concern with the water system is that the fire hydrants proposed for the first three subdivisions in Stone Canyon are two-way hydrants. These hydrants are inadequate for fire-fighting purposes. Three- way fire hydrants should be constructed to allow for the ability to adequately fight fires. OWASSO ENGINEERING DESIGN CRITERIA: The Owasso Engineering Design Criteria do not currently allow for developments that include borrow ditches for street sections, nor do the criteria allow for aerobic systems -sanitary sewer systems are required unless a special exemption is permitted by the Public Works Director. The staff finds that it can be appropriate for estate developments (such as the type allowed in the RE zoning District) with lots of at least 24,000 square feet in size to be developed without sidewalks and with borrow ditches along street sections, provided that the streets are bordered with a sufficient shoulder. Therefore, the staff is prepared to bring forward a recommendation that the Engineering Design Criteria be revised to allow for streets with borrow ditches for developments containing lots at least 24,000 square feet in size - RE zoning or larger. Further, the staff is prepared to recommend that such developments not be required to include sidewalks. The staff also finds that the current wastewater treatment regulations are appropriate; individual aerobic systems should not be allowed for developments within the city limits and sanitary sewer systems should be required for developments within the city limits. MUNICIPAL COSTS OF ANNEXATION: In addition to analyzing the conditions of the currently developing portion of Stone Canyon, the staff has examined the departmental costs that annexation of the development would bring. These costs include capital costs of constructing facilities and purchasing equipment, as well as costs associated with acquiring new personnel and providing annual maintenance for the area. This does not mean that all facilities, equipment, and personnel have to be accounted for immediately; since the area will likely take several years to develop, some of the City's costs would be able to be delayed until such time as new density and population demand. These cost estimates are based on projections of 750 dwellings (a population of 2,000) within the incorporated limits of Stone Canyon, and an overall population of up to 10,000 for the entire Stone Canyon development, including that portion that will not be within the Owasso city limits. 6 PUBLIC WORKS COSTS The largest apparent cost of annexation for the Public Works Department is the price of extending a sanitary sewerline to Stone Canyon. The total up-front obligation for the line is estimated at $5.2 million. While $3.4 million of that estimate will be eligible for pay-back to the City as the area in and around Stone Canyon develops, the payback is likely to occur slowly over time, conditioned by the health of the market. The other major capital cost to be borne in the Public Works Department would be the purchase of a new refuse collection vehicle to serve the annexed area - $250,000. Three new personnel would be required by the Public Works Department -one each for the Refuse Collection Division, Wastewater Collection Division, and Stormwater Maintenance Division. The annual cost of these personnel is estimated at $150,000. Also, the staff estimates that $20,000 would be required for the periodic maintenance, upkeep, and repair of infrastructure such as sanitary sewerlines, stormwater drainage systems, and streets. The one-time costs listed above total $4.45 million, and the total annual Public Works costs are estimated at $170,000. POLICE DEPARTMENT COSTS Based on an estimated population of two thousand residents, the staff would recommend four patrol officers and one detective be added to the authorized sworn police force. Adding four officers would add one officer to one of the four shifts, allowing more officers to be available around the clock to serve the extended area. The initial cost of hiring five personnel with equipment (such as patrol vehicles) would be approximately $490,000, with an estimated annual salary and maintenance cost in following years of $365,000. The one-time Police Department costs total $125,000, and the total annual Police Department costs are estimated at $365,000. FIRE DEPARTMENT COSTS In order to maintain current municipal ISO ratings levels, the location and size of the Stone Canyon development compels the staff to consider the prospect of constructing and staffing a new fire station to serve the Stone Canyon vicinity. The cost estimate for the fire station (which is envisioned to include a Police substation) is $2.3 million. Twelve firefighters would be required to fully staff the new station, with an estimated annual cost of $762,000. Two new vehicles, one fire engine and one ambulance, would be necessary to serve the new station, at a cost of $650,000. The one-time Fire Department costs total $2.95 million, and the total annual Fire Department costs are estimated at $762,000. 7 SUMMARY OF TOTAL MUNICIPAL COST ESTIMATES One Time EstimatE Sanitary sewerline Refuse vehicle Police equipment Fire station Fire vehicles ;d Municipal Costs $5.2 million $250,000 $125,000 $2.3 million $650,000 Annual Estimated Municipal Costs Added Public Works personnel $150,000 Annual infrastructure maintenance $20,000 Added Police personnel $365,000 Added Fire personnel $762,000 Total one time costs: $8,525,000 FINDINGS: Total annual costs: $1,297,000 As noted above, there are several issues of concern related to the annexation of the northern two square miles of the Stone Canyon development. The fact that the territory remains within the Limestone Fire District means that the property owners within Stone Canyon would be forced to pay taxes to the fire district for a fire protection service that would be provided by the City of Owasso. Even if the territory is detached from the district, the owners would pay ad valorem taxes until the debt currently incurred by the fire district has been satisf ed. Most of the other concerning issues related to the Stone Canyon annexation revolve around the condition of the three subdivisions currently under design and development. These three subdivisions will not be on sanitary sewer systems. The stormwater drainage systems in these areas appear to be under threat from silt infiltrating drains and culverts. The streets in the subdivisions are not built to municipal standards. Finally, the fire hydrants proposed for the subdivisions are inadequate for providing a municipal level of fire protection. As a result of these infrastructure conditions, it is likely that the life of the infrastructure will be significantly less than the life of the infrastructure had it been constructed to city standards. If the City of Owasso chooses to annex these subdivisions, then an investment will be needed to improve the condition of the infrastructure, likely within the next few years. Of course, these concerns are balanced by the recognition that this area lies within the Owasso fenceline. Because of its proximity to the development, the City of Owasso will likely be compelled to annex the territory eventually. After all, the City of Owasso has been around for more than 100 years and will be here 100 years from now. Similarly, this development will exist in some form for the foreseeable future. It has been observed over time that property values in developments outside the jurisdiction of municipal services such as public safety, public utilities, and services such as refuse collection and code enforcement decline more rapidly than similar developments lying within the jurisdiction of those same municipal services. This decline in value will eventually have a detrimental impact on the values of adjacent properties that exist within the city limits, causing the municipality to desire to annex the territory, improve the conditions causing the drop in value, and thereby stabilize the values of incorporated properties. 8 Further, the residents of Stone Canyon will likely identify themselves as Owassans. They will be included within the Owasso school district, zip code, telephone exchange, legislative districts, and ambulance boundary. They will shop, work, eat, recreate, worship, and interact in the same places as those who live within the city limits. Essentially, they will be us. It is important to remember that, while the City of Owasso may not have a legal obligation to include the development within Owasso's corporate boundaries, the City should not ignore or exclude those who live in proximity from the municipality. Annexation is one of the most obvious and appropriate ways to avoid such exclusion. RECOMMENDATION: The staff is mindful that the three subdivisions currently under development within Stone Canyon do not meet municipal standards, and that the remainder of the development has yet to be constructed and improved. Therefore, the staff intends to recommend that the City of Owasso annex the northern two sections of Stone Canyon with the exception of the boundaries of the three subdivisions currently under construction, and that Stone Canyon PUD, as approved by Rogers County, be accepted as the allowed land use distribution pattern for the annexation. ATTACHMENTS: 1. Map of area requested for annexation 2. Map of area recommended to be annexed by the staff 3. Exhibit depicting Stone Canyon PUD 4. City Engineer's report dated January 15, 2008 9 ~ d ._ ~ 1 ~ ;. ~''$t ;v ~r pl J'~' I . f t i~ i ~ ~ 1 _t »~ ~ I ~ ~'a~1~, R ~ ~I~ ~~ Yt f ~ ~~l* y $ 3 4 a~- ~, r T- 1 sz r ...; t t~.4~• ~i1 ~_ ! 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DEVELOPMENT CO., L.L.C. ° P.O.BaK 419 9 p ° i Lor Si i eioacl~s Owasso, Oklahoma 74055 4660 Ef, e - w°in' (918) 272-3282 ~tF,~' 4 A Nt4 y°Ap ,=m. msw ~,. sw Anew ENGINEER: SURVEYOR: ~~'~ wlzv6.oo• I i KELLOGG ENGINEERING, INC. BENCHMARK SURVEYING, INC. "° ~-~'~~m 66E'I'~^$ RE6ER~ ~RCEA°•B S~ zIT° i i 6755 South 4060 Road 302 B East 5th Ava. ~g1zw°"a~ ° R t~1 8. 3 vf_----~- mE , TDID(, )klahoma 74080 Owas (91 B)klZ~~m90814055 p° Nldp q9~ i i- ;~ m P>Jy ~I 918 275-4080 ~ N / K i Cert. of Authorizaflon No. 2788 Cert. of Authorizetion No. 2235 ge __ sr"a'~"""P`~,6(,4. ,_ +~ J Renewol Date: June 30, 2009 Renewol Dale: June J0, 2009 4 ~~M417M nis'v~u- - E" ~ w ~ PLANNER: sties'. 'l1oA!~,~ -~ °\a 3 ,,., ue se F+ p R 14 E PLANNING DESIGN GROUP, INC. °.S' g e,4QT / ' ='~ ~$.'4 ~' '°P" ~N 7"" +,~'TE~re ~ ~ ~ k E. 76TH 57. N. 5314 S. 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T C'~ R «4M ~ 2 d Zn~ iR _ ~sl I (aka kx~/~.4~ % &\y/ a rc6 ~°fr. gN ,~o, ~ `.~ I., /~/ 8„na ~~ $Cj~ ~"' pS/ ~ o°N~ u z~g~^"-'~ <°'°a; ~P J~~<~ J'e~yrx: <mg# yyy~ F i 8a'3 J~ A",i I y6 Ww~amt a '"'o\ ___~h J'~~ '3#xr ~a s 2:. u~$p1-$ oo. ro ar •a ~a sew / aaa { ~ a' Y ~sr g^a °~-ors: ~ rv ~ ~ '~ ##zfa.d^ rv x u° ca on °a9 r,rv ~a 'I,6. ~;,~°~ / bane , \' rae ..ar a 8~ c» «J ti TO: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR FROM: JOE JOHN NURRE, P.E. CITY ENGINEER SUBJECT: INFRASTRUCTURE DESIGN AND CONSTRUCTION CRITERIA COMPARISON -STONE CANYON DEVELOPMENT (ROGERS COUNTY) VS. CITY OF OWASSO DATE: January 15, 2008 BACKGROUND: Stone Canyon is Planned Unit Development located in all or portions of Sections 35 and 36 of Township 21 North, Range 14 East, Sections 1 and 2 of Township 20 North, Range 14 East and Section 6, Township 20 North, Range 15 East in Rogers County. This area is generally bounded by 76th Street North on the north, 193 East Avenue on the east, 46th Street North on the south and 161St East Avenue on the west. Sections 35 and 36 are within the City of Owasso fenceline; but are not within the incorporated limits. When completed, Stone Canyon will contain areas of single-family residential (2,616 acres), multi-family residential (60 acres), commercial (90 acres), mining (458 acres) and industrial (36 acres) development - in all, nearly 3,300 acres. Construction of the first two residential phases of Stone Canyon, as well as perimeter fencing and other site amenities, began in July 2007. Planning and design of the third residential phase is currently underway. The design and construction of these phases was performed under the provisions of a PUD initially approved by the Rogers County Planning Commission on October 6, 2005 and by the Rogers County Board of Commissioners on October 17, 2005. The Rogers County Subdivision Regulations and the Roadway, Drainage and Detention Addendum (September 2005) to these regulations served as governing specifications. Subsequently, the developers of Stone Canyon requested the City of Owasso to consider the annexation of the two sections of the development within the City's fenceline (Sections 35 and 36). This annexation would result in the incorporation of 1280 acres of constructed or proposed development and associated infrastructure the design of which is based on criteria which differ from the City of Owasso Engineering Design Criteria, Construction Standards and Standard Drawings. This memorandum is intended to compare and contrast the design and construction standards for Stone Canyon public infrastructure as it is presently being developed with current City of Owasso design and construction standards and to consider some of the implications of the differences and similarities. Documents consulted in the preparation of this memorandum include City of Owasso Engineering Design Criteria, Construction Standards and Standard Drawings; City of Owasso Subdivision Regulations; Rogers County Subdivision Regulations; Stone Canyon Lift Station Report (Preliminary Draft, August 2007 -prepared by Kellogg Engineering, Inc.); Construction Plans for The Lakes at Stone Canyon (October 2006 -prepared by Kellogg Engineering Inc.); Hydrology Study & Engineering Report -The Lakes at Stone Canyon Phase I (October 2006 - Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 2 of 10 prepared by Kellogg Engineering Inc.); Water Plan -The Lakes at Stone Canyon -Phase I (Kellogg Engineering Inc. -May 2007); Stone Canyon PUD (Final Version -January 2006; Approved -October 2005) and the Stone Canyon website (www.stonecanyonlivinq.com). LAND SUBDIVISION: Lot sizes for the two subdivisions provided for review (Settler's Creek and Tanglewood) meet or exceed City of Owasso bulk and area requirements for RE (Residential Estate) zoning. Lot sizes in Settler's Creek range between 0.77 acres and 1.31 acres. Average lot size is 0.96 acres. Lot sizes in Tanglewood range between 0.79 acres and 1.49 acres. Average lot size is 1.03 acres. A 35' front yard building line is maintained on all lots; no rear yard set backs are indicated. A minimum 10' drainage easement is provided along both side lot lines of every lot. Rear yard utility easements correspond to City of Owasso practice. Perimeter easements are 17.5'; adjoining lot easements are 11'. Some attention to topography should be addressed in the consideration of possible annexation of portions of Stone Canyon. Subdivision boundaries and collector streets do not necessarily follow section line boundaries. For example, although the majority of the Tanglewood development is situated in Section 36, T21N, R14E, some portions extend into Section 1, T20N, R14E and Section 6, T20N, R15E. Other portions of the conceptual plan which are mostly situated in Sections 35 and 36 also extend into other sections further to the south. Some attention should be directed to annexation boundaries in order to eliminate the possibility of inconsistent jurisdiction in adjacent properties. STORMWATER SYSTEMS: Stone Canyon/Ropers County 1. Minor culvert design by Rational Method City of Owasso Criteria Rational Method accepted by City of Owasso criteria 2. Major culvert design by NRCS method 3. Minor ditch (roadway side-drains) velocities range between 1.2 and 2.6 feet per second 4. Allows overland flow across more than two lots NRCS method recommended by Owasso criteria for this application Minimum ditch velocity - 2.5 feet per second to avoid sedimentation; maximum ditch velocity - 6.0 feet per second to prevent erosion Restricts overland flow across no more than 2 lots 5. Allows swale (borrow) ditches to carry runoff Requires curbs, gutters, inlets and pipe Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 3 of 10 along streets conduits -roadside channels must comply with criteria for all other open channels 6. Minimum ditch slope - 0.6% 7. Major channel geometry -16.0' bottom width/2:1 side slopes (with erosion protection) 8. Minor channel geometry corresponds with City of Owasso standards - no pilot channel provided 9. No engineered Phase I detention 10. Allows 12" driveway culverts 11. Acceptable driveway culvert materials include: Smooth steel Reinforced concrete pipe (RCP) Corrugated metal pipe (CGMP) High density polyethylene (HDPE) (HDPE may only be used if driveway is 6" concrete or thicker) - indicated plan dimensions are for smooth-wall pipe; culverts must be 6" larger diameter pipe for CGMP 12. Acceptable roadway culvert materials include: Smooth steel Reinforced concrete pipe (RCP) Reinforced concrete box (RCB) Corrugated metal pipe (CGMP) HDPE (with 24" cover or greater) Minimum ditch slope - 0.2% Owasso major channel criteria geometry includes 4.0' minimum bottom width/3.5:1 side slopes (without erosion protection) Roadside ditches must comply with open channel criteria -paved bottom (pilot channel) required to provide hard surface flow line for cleaning and maintenance Requires stormwater detention to be engineered and constructed in first phase Minimum driveway culvert is 15" (w/ recommended change to 18") Acceptable driveway culvert materials include: Reinforced concrete pipe (RCP) - HDPE and CGMP are specifically excluded Acceptable roadway culvert materials include: Reinforced concrete pipe (RCP) Reinforced concrete box (RCB) The Hydrology Study for The Lakes at Stone Canyon (Phase I) uses SCS Unit Hydrograph methodology for developing a stormwater runoff analysis for the project. This methodology is preferred in the City of Owasso, particularly for drainage basins larger than 60 acres. Although Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 4 of 10 the preferred methodology has been used for this report, its specific implementation would likely not have been approved by initial Public Works review. The report is able to take advantage of the small project area relative to the large watershed it is associated with to show no adverse effects on downstream property and no need for temporary or permanent detention. This should in noway imply a criticism of the report - it reflects an analysis performed during the early stages of a particularly large development without reference to other portions of the conceptual plan. Both the Stone Canyon PUD and this report reference a primary on-site detention pond/lake with a surface area in excess of 60 acres as part of the conceptual plan. The report best serves to point out the need for a comprehensive drainage master plan for the development which would reflect the multiple land uses and relative sizes of the development areas. Because design features such as open side ditches without curbs, gutters, and inlets do not reflect the typical urban environment, no provision for their construction is included in the City of Owasso Engineering Design Criteria. These features may, however, be appropriate for the sort large acreage, estate lots proposed for Stone Canyon. If these improvements are designed using sound engineering practice to provide efficient stormwater conveyance through the development and ease of maintenance over their design life, there is no reason not to allow their use in selected, large-lot areas in Stone Canyon. The reduction in flow area over time in both open ditches and culverts by silt deposits is the single biggest argument against the use of these features in an urban environment. Secondarily, they use a large portion of the right-of-way and reduce or eliminate the ability to serve pedestrian needs with sidewalks. To address these concerns, we recommend: - Driveway culverts should be oversized 6" larger than the minimum diameter indicated by the hydraulic analysis. This would considerably extend the design life of the system prior to maintenance activities such as culvert cleaning and ditch shaping and restoration. - Initial hydraulic design should provide for ditch velocities of no less than 2.5 feet per second. An advantage of large estate lots is the reduction of total stormwater runoff because of the relatively small ratio of impervious area to overall lot size. However, this reduction may result in slower runoff velocities, which lead to greater amounts of silt in ditches and pipes. Sufficient velocity to clear the ditch "naturally" should be provided for in the design. - Open side ditches should be constructed with a small concrete pilot channel or trickle channel at the flowline between culverts and other structures. While this would represent an additional increment of initial work (and cost) during construction, it would greatly facilitate ditch maintenance and reduce ditch erosion over the design life. - Sidewalks are problematical for this sort of construction. Unless a sidewalk easement is provided for on the property side of the drainage ditch back-slope, no area is available within the right-of-way for construction of these features. Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 5 of 10 STREETS; Stone Canyon/Ropers County 1. Typical section indicates 50' right-of-way with 5' D/E, U/E each side City of Owasso Criteria Typical section indicates 50' right-of-way. Roadway, sidewalk and utilities all contained within this dimension. 2. Typical section street width shown as 24' - Rogers County subdivision regulations require curb and gutter "inside municipal jurisdiction" 3. Sub-base compacted to 95% of Standard Density. No requirements for modifications for plastic soils (PI>10). 4. Typical section indicates 6" of 1-1/2" compacted aggregate (no gradation specification) as roadway base 5. Typical section indicates asphalt surface course to be depth required by Rogers County specifications - no depth indicated on drawings. 6. Street names by plat 7. No apparent requirement for sidewalks 8. Dedicated cross-walks may be required for blocks exceeding 1,200 feet. 9. Cul-de-sac right-of-way radius - 60'; pavement radius - 45' Typical section street width is 26' face- of-curb to face-of-curb. Sub-base compacted to 95% of Standard Density. Sub-base modified with lime or flyash for plastic soils (PI>10). Typical section requires 8" of ODOT Type "A" aggregate as roadway base (or treated and compacted sub-base as above). Typical section requires 6-1/2" of asphalt (6" of concrete) for roadway surface course. Street names to follow Tulsa County system Sidewalks required Dedicated cross-walks may be required for blocks exceeding 800 feet. Cul-de-sac right-of-way radius - 55'; pavement radius - 45' A visual inspection of the constructed pavement at "The Lakes at Stone Canyon" (Settler's Creek and Tanglewood subdivisions) indicates considerable (and inconsistent) deviation from the construction drawings provided to Public Works for review. Some deviation in width is to be expected for asphalt roads without curb and gutter and the constructed product is within an acceptable range for this dimension (no less than 24'; no greater than 25'). However, depth of Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 6 of 10 the roadway courses varies considerably. No sub-base was available for inspection; but aggregate base appeared to meet or exceed the required dimensions. Most aggregate base for residential sections was no less than 8" thick and predominately as much as 10" thick. Base for residential collectors was as much as 12" thick. Thickness of the asphalt surface course was as little as 1-1/2" thick and as great as 4-1/2" thick. The design engineer has informed Public Works that the intended asphalt thickness for the constructed surface course is 3 ". Public Works has scheduled pavement borings and sub-surface investigations at 10 locations throughout the development to provide more accurate measurements of the constructed dimensions. Although the plan version of the typical section provides for 2' shoulders as part of the construction, these shoulders were not observed on the completed portions of the pavement. It is extremely important -particularly in fill sections -that these shoulders and the associated side-ditch foreslopes be carefully constructed and compacted. These features provide lateral support to the paving section and prevent migration of the base from beneath the surface course. Failure to exercise diligence in this construction will result in limited paving life, particularly at the pavement edge. The City of Owasso has determined, through experience, that 6-1/2" of asphalt surface course represents a minimum dimension for streets in an urban environment. Not only must these streets meet the needs of local traffic, but they must also regularly carry the heavier loads of school buses and refuse collection vehicles. Although the extensive use of aggregate base at Stone Canyon goes far in producing a typical section equivalent to (or better than) the standard Owasso section, it must be combined with a surface course which meets the needs of urban traffic. Public Works is prepared to consider deviations from the standard section provided they are prepared by a licensed professional engineer and are based on realistic estimates of current and projected traffic loads. SANITARY SEWER: Proposed initial phases of Stone Canyon -currently either in design or under construction - include: Settler's Creek 71 Acres 48 Lots Tanglewood 93 Acres 74 Lots Lakes at Stone Canyon - Ph III 88 Acres 52 Lots These first phases are intended to have private, individual, aerobic sewer treatment systems. These systems are small process units designed to digest organic matter and settleable solids in an oxygenated environment to produce a clarified liquid which is applied to the ground surface by sprinkler jets. The units represent a relatively new technology for providing sanitary sewer treatment for low population density areas for which the cost of conventional gravity sewers would be prohibitive. The design, construction and maintenance of these units are Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 7 of 10 governed by the requirements of the Oklahoma Department of Environmental Quality Individual and Small Public On-site Sewage Treatment Systems. The City of Owasso requires all developments within the municipal jurisdiction to connect to its sanitary sewer collection system. While there are likely some isolated homes or areas in the city still served by septic systems as a result of a relic condition prior to annexation, no provisions for private, individual treatment systems, either aerobic or septic, are included in the Engineering Design Criteria and Construction Standards. However, the criteria allow sufficient latitude on the part of the Public Works Director to permit systems such as these by special exemption. The area of Stone Canyon more or less south of 66th Street North is topographically challenged for the extension of a gravity sanitary sewer collection system. The design engineer has proposed, as part of the Stone Canyon Lift Station Report, that this area of the development also be served by individual treatment systems. This area consists of 1316 gross acres, of which 785 acres are indicated as available for development. The most recent conceptual plan shows 539 lots in this area which is consistent with the lot size and density established for the Lakes at Stone Canyon. After deducting the areas reserved for private treatment systems as well as the areas reserved by the PUD for mining and industrial land uses, the remainder of the development more or less north of 66th Street North is potentially available to be served by sanitary sewer provided by the City of Owasso. This area consists of 1198 gross acres. Several potential land uses are indicated by both the recent conceptual plan and the lift station report including: - Single family homes - Patio homes - Park homes - Garden villas - Commercial development - School site - Church sites - Park land - Sports facilities and playing fields - 80 acre lake The developer has indicated in the PUD document the need for significant flexibility in creating land use areas to create a quality development consistent with marketplace demands. While this flexibility is a necessity, given the extent of the development, it makes infrastructure planning somewhat problematical. Stipulations and agreements associated with the land transactions with the prior owner's require definite amounts of open space and general use property. It is likely that these agreements will limit the density in this area. After deducting the areas reserved for such use, including park land, sports facilities and the 80 acre lake, the lift station report states that 890 net acres are available for development. Without Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 8 of 10 reference to any particular or definite land use and development plan, the report stipulates a load on the collection system equivalent to the load generated by 1000 single family homes. This proposed load could potentially be generated by any possible combination of the remaining land uses indicated. Without the benefit of more specific development plans, it represents a reasonable estimate of likely sewer demand. When investigating the feasibility of extending an interceptor sewer along a 76th Street North alignment, Public Works considered the possibility of opening other areas of the basin for potential development. While these areas are not as extensive as the Stone Canyon development and have already experienced some development, they represent additional potential for both commercial and residential development. In all, approximately 1563 gross acres or 1094 net acres are available for sanitary sewer service in areas north of 76th Street North, east of 193~d East Avenue and south of 76th Street North in Section 34. Based on the same ratio of load to area developed for the northern portions of Stone Canyon (1.12 lots/acre), this area has the potential to generate the equivalent load of 1229 lots (of which between 350 and 375 are already developed). The City's wastewater systems consultant, Greeley & Hansen, has developed a conceptual estimate for a proposed gravity interceptor sewer to serve the 76th Street North corridor. An 18" gravity sewer along a 76th Street North alignment from a connection to the Elm Creek Interceptor to the 76th Street North and 161St East Avenue intersection (approximately 1.5 miles) has an estimated construction cost (for planning purposes) of $2,378,000. A 10" sewer extending an additional 0.67 miles east from 161St East Avenue has an estimated construction cost of $665,000. Total project costs are $3.1 million. Combining possible project costs with proposed service units in both Stone Canyon and the adjacent portions of the basin develops a potential payback cost of $1400 per service unit or service connection. Wastewater collection and treatment system improvements downstream of this development insure that the City of Owasso has the capacity to convey and treat the anticipated increase in flow. Based on 2005 Wastewater Master Plan recommendations, design work is currently underway to increase treatment plant capacity from 3.3 MGD (average) to 4.5 MGD and 4.5 MGD (peak) to 6.2 MGD. Additional improvements include renovation of the 117th Street Lift Station to increase capacity to 10 MGD. Construction of these improvements is anticipated to be completed by Fall/Winter 2009. Funding is by low interest Clean Water State Revolving Fund loans. Subsequent to completing these improvements, the Elm Creek Interceptor becomes a limit to capacity. The Wastewater Master Plan anticipates this need and recommends replacement (or augmentation) of the lower end of this line in FY 2010-2011 to provide the equivalent of 42" of pipe diameter. Projected costs are $1.45 million. Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 9 of 10 WATER: Domestic water supply for the Stone Canyon development is provided by Roger County Rural Water District No. 3. All engineering design and construction is governed by Rogers County Rural Water District #3 Standard Details and Specifications. The City of Owasso has been fortunate to enjoy a good working relationship with the water district, particularly in urban areas where the jurisdiction of the two entities overlaps. Engineering and construction criteria for both entities are similar (or identical) and both must meet or exceed the requirements of the Oklahoma Department of Environmental Quality Public Water Supply Construction Standards. Public Works was able to review water plans provided by Kellogg Engineering for the two sub- divisions -Settler's Creek and Tanglewood -currently under construction at Stone Canyon. As designed, this system is consistent with City of Owasso criteria including pipe sizes and material, sleeved crossings and suitable backfill material under streets. The system is internally looped with no dead-end lines and has effective provisions for connections to future phases. However, the proposed design differs from City of Owasso criteria in three important areas: - All cul-de-sacs shown in the plans are served by 2" lines. While this is not accepted practice in the City of Owasso, it is common practice in the rural water districts. Acceptance of this design relies on an interpretation of ODEQ requirements. The Public Water Supply Construction Standards require a minimum main size of 6" in diameter for all systems providing fire protection. This is often construed to mean that any line that serves a fire hydrant must be 6" or larger; but that lines providing domestic service only may be smaller. In these systems, hydrants are provided at the cul-de-sac entrance; but no closer. This could be a disadvantage in fighting a fire in a deep (greater than 300 feet) cul-de-sac. - Depth of bury for the proposed water line is indicated by plan note as 36". This requirement is identical to City of Owasso specifications and exceeds the ODEQ requirement of 30". The requirement is intended to protect the main from freezing or physical damage. However, when considering the Stone Canyon system, some provision should be made for those occasions when the line intersects the open drainage. Rogers County specifications require the roadway side-ditches to be 2-feet (minimum) below the top of subgrade. Depending on the elevation of the existing soil relative to the roadway at the time the water line was constructed, this installation could leave as little as 12" of cover at the bottom of ditch. This condition could be easily addressed by an additional plan note or special detail to govern construction. - Hydrants shown on the water plans are indicated as two-way hydrants. These hydrants are not sufficient for fire-protection purposes. Both City of Owasso criteria and ODEQ Public Water Supply Construction Standards require three-way hydrants having a 4-1/2 inch pumper outlet and two 2-1/2 inch hose outlets for all systems providing fire protection. ODEQ requires that hydrants be located and spaced in accordance with American Insurance Association requirements. City of Owasso criteria require that hydrant spacing and location be approved by the Fire Marshall. It is essential that all features of the water supply system, including hydrants, hydrant location, line size and Infrastructure Design And Construction Criteria Comparison -Stone Canyon Development (Rogers County) vs. City Of Owasso Page 10 of 10 flow and demand capacity, meet or exceed the requirements of the International Fire Code and the American Insurance Association. 50' ~ ~ ~ ~ 4' 26' 4~ 4.~ ~,~ 2% 1/4" /ft. 2% 1/4" /ft. a. ~ q. SIDEWALK 4% (1/2" /ft.) 2% (1/4" /ft.) TYPICAL SECTION (TMP) (MAXJ COMPACT TO MINIPAUM 90% STD. DENSITY. SAWED LONGITUDINAL CONSTRUCTION 6" 4,000 PSI PORTLAND JOINT WITH DOWEL BARS, SEE STD. DETAIL STRT 14. CEMENT CONCRETE #6 x 18" SMOOTH 13' 13' DOWELL BAR AT 24" C/C. 0 F- F- w w J H w 0 0 a 0 z nt)~'.3 '.'`'^CiG'. GG GG vGv"..~• `G '`r^G'G``rG" pL}'-' G tjG G` ,GO" 1' 8" 8" 1' MINIMUM 8" ODOTTYPE "A" AGGREGATE BASE OR TREATED SUBBASE COMPACTED SUBGRADE AND TO 95% STANDARD DENSITY, SUBGRADE BASE COMPACTED P.I. > 10 SHALL BE MODIFIED WITH LIME 1' BEYOND BACK OF CURB. OR FLY ASH. SEE NOTE 2. HALF SECTION CONCRETE STREET SECTION HALF SECTION INTEGRAL CURB & PAVEMENT SEPARATE PLACEMENTS 2" ODOT TYPE "B" INSOLUBLE SURFACE COMPACT TO MINIMUM 41/2" ODOTTYPE 90% STD. DENSITY. "A" INSOLUBLE BASE 6"CURB SEE STRT-07. 13' 13' PRIME COAT TACK COAT (TY ) ;%~ty~~~J,i\/ - G O r G f C7 '-' r1 ~ U ; G G G J n ~^ v f, ii {., ' ~~ \/\ /\~`./\~\ t'G=%:r ~^v t'' J rCi r.J 'r.O ";G ,:. „~ rG O' .:ir ...(~v >U~f 'J z: r`r C'G~ `~.~%•/~ 1~ MINIMUM 8" ODOT TYPE "A" AGGREGATE 1~ BASE OR TREATED SUBBASE COMPACTED TO 95% STANDARD DENSITY, SUBGRADE P.I. > 10 SHALL BE MODIFIED WITH LIME OR FLY ASH. SEE NOTE 2. SUBGRADE AND BASE COMPACTED ASPHALTIC CONCRETE STREET SECTION 1' BEYOND BACK OF CURB. NOTES: 1. SECTIONS SHOWN ARE MINIMUM REQUIRED. SUBGRADE MAY REQUIRE ADDITIONAL THICKNESS OF MODIFICATION OR A SUBBASE DRAINAGE SYSTEM WHERE SEVERE SOIL CONDITIONS EXIST. 2. FOR EXISTING SUBBASE MATERIAL WITH PI <10 SUBGRADE SHALL BE CLASSIFIED SELECT, INERT MATERIAL OR STABILIZED AND COMPACTED Toss i° sTANDARD PROCTOR DENSITY. RESIDENTIAL MINOR STREET P.EVISION 6V OATE 3. ASPHALT SURFACES SHALL CONFORM TO STANDARD DETAILS ODOT STANDARD 401.D4 FOR TOLERANCES AND STANDARD DETAIL STRT-08 FOR TEXTURE. CITY OF OWASSO, OKLAHOMA 4. IFACOMPACTEDAGGREGATESUBBASEISUSED, PUBLIC WORKS DEPARTMENT THE AGGREGATE SHALL BE PLACED ON ENGINEERING DIVISION SEPARATOR FABRIC. oArE~ 05/05 STANDARD NO STRT-01 60' ~ ~ a 1' 4' 3B' 4, ~ 1. 1 NtP q. 2% 1/4" /ft. 2% 1/4" /ft. SIDEWALK 4% (TM jft.) 2% (1/4" /ft.) P l( (MAX.) TYPICAL SECTION SAWED LONGITUDINAL CONSTRUCTION COMPACT TO MINIMUM 6" 4,000 PSI PORTLAND JOINT WITH DOWEL BARS, SEE 90°/D STD. DENSITY. CEMENT CONCRETE STANDARD DETAIL STR-14 18' 18' #6 x 24" SMOOTH DOWEL BAR AT 24" TO 30" C/C v^a~ ~,.nv~/~O~ r,'.7f'` ~;~;-`"p53 nrj0 ..G~„~CC3',..,gC ~,LI G,^. pv~~yJ,.. u 1 ~ ~ h . ~ 1' g" 8„ 1, MINIMUM 8" ODOTTYPE "A" AGGREGATE BASE OR TREATED SUBBASE COMPACTED TO 95% STANDARD DENSITY, SUBGRADE SUBGRADE AND P.I. > 10 SHALL BE MODIFIED WITH LIME SUBBASE COMPACTED OR FLY ASH. SEE NOTE 2. 1' BEYOND BACK OF CURB. HALF SECTION CONCRETE STREET SECTION HALF SECTION INTEGRAL CURB & PAVEMENT SEPARATE PLACEMENTS 2" ODOT TYPE "B" INSOLUBLE SURFACE 6" ODOTTYPE 6" CURB COMPACT TO MINIMUM "A" INSOLUBLE BASE SEE STRT-07 90% STD. DENSITY. 18' 18' PRIME COAT TACK COAT (TYP) ~f~/~i~:'i. k 2% (1/4"/ft.) _ 2% (1/4"/ft.) ~// ,~.'4/ ~/ \ ~~ i / J!^; O ~~'J ( J v~.J l1 V ~ "'t ~1 h ~.i (1L C J .phi i) ~ v J ('~ / r' ~~' ~\ C7 h`v r \ \ ~\/ ( ~--=-~+ MINIMUM 8" ODOT TYPE "A" AGGREGATE 1~ BASE OR TREATED SUBBASE COMPACTED TO 95°/a STANDARD DENSITY, SUBGRADE P.I. > 10 SHALL BE MODIFIED WITH LIME SUBGRADE AND OR FLY ASH. SEE NOTE 2. SUBBASE COMPACTED 1' BEYOND BACK OF CURB. ASPHALTIC CONCRETE STREET SECTION NOTES: 1. SECTIONS SHOWN ARE MINIMUM REQUIRED. SUBGRADE MAY REQUIRE ADDITIONAL THICKNESS OF MODIFICATION OR A SUBBASE DRAINAGE SYSTEM WHERE SEVERE SOIL CONDITIONS EXIST. 2. FOR EXISTING SUBBASE MATERIAL WITH PI <10 SUBGRADE SHALL BE CLASSIFIED SELECT, INERT MATERIAL OR STABILIZED AND COMPACTED REVISION 9V OhTE RESIDENTIAL COLLECTOR STREET TO 95 % STANDARD PROCTOR DENSITY. 3. ASPHALT SURFACES SHALL CONFORM TO STANDARD DETAILS ODOT STANDARD 401.04 FOR TOLERANCES AND STANDARD DETAIL STRT-OS FOR TEXTURE. CITY OF OWASSO, OKLAHOMA 4. IF A COMPACTED AGGREGATE SUBBASE IS USED , PUBLIC WORKS DEPARTMENT THE AGGREGATE SHALL BE PLACED ON SEPARATOR FABRIC. ENGINEERING DIVISION DATE 05/05 STP.NOPP,D N° T STR I-~G 0 rn w w J r¢- w 0 0 a O z 3N/i 3/Ii ~? 3/d W ~$ WN O 2 ~ Yi 0 b ~ $ ~ re 3 ~ ~ ° ~ ~ ~~ ~~< ~ ~ ~Yyc ~~ j m h o~ 2 a ~~ ~ ~~~ ~o I g N ~ 2 4V~ "Qi~, ~ 2Stan N i W ~.t ~ b ~ ~ ~ ~ N~ ;` ~ O ~~ h ° ~ r o~ V h v m~ ~ a ~~ a ~ ~i y° O Z ~. o :_ J ~ ~ ~ ~ U Q ~ Q ~ .b a I ~, ~ ~ W b~~~ W ~ h~ W o ~ ~~~~ 0 U f.] W ~ VZVk~ ~7L ~ W ~a ~:-~`a ~~ ~ y c b ~ O N ti0 I y ~~ 1 :n ~ mW~W~ N 2 y~0 (NI~ y d~7 O~ ~~ ~ C 2 2 ~ !~`y ~~ ~~Z~ ~ m ~~~~~ >WC~~ ~v~~o ~ Z3o p~ZY~d 3N/1 3/!1 ~Y 3/0 z 2~, c ~ ROGERS COUNTY ROADWAY SPEClF1CATlONS: 1. RIGHT OF WAY.• FIFTY (50) MINIMUM WIDTH, WITH ADDITIONAL 5' D/E & U/E EACH SIDE. 2. DRAINAGE PIPE.' MINIMUM LENGTH OF FORTY (40) FEET. 3. HEADWALLS: ALL DRAIN PIPE OR TILE WILL BE FURNISHED WITH A POURED IN PLACE CONCRETE HEADWALL ON BOTH ENDS ACCORDING TO DATE SHEET SH 202 A. 4. COMPAC710N: UPPER TWELVE (12) INCHES OF DIRT BASE OF THE ROAD SURFACE MUST MEET 959' STANDARD PROCTOR DENSITY TEST PERFORMED AND CERTIFIED. 5. ROAD SURFACE.• DRNING SURFACE WILL BE A MINIMUM OF TWENTY FOUR (24) FEET WIDE. 6. ROAD SURFACE MATERIAL: ROAD SURFACE SHALL BE CROWNED IN THE CENTER WITH DRAINAGE TO 80TH SIDES AND BE A MINIMUM OF SIX INCHES (6") OF 1-1/2" AGGREGAIE BASE OR APPROVED EQUAL AND COMPACTED TO 959 STANDARD PROCTOR DENS111: 7. SHOULDERS: TWO (2) FEET ON E11NER SIDE OF ROAD SURFACE. 8. DRAINAGE AREA: ELEVEN (11) FEET ON EIIHER SIDE OF ROAD SURFACE OUTSIDE OF SHOULDER REQUIREMENTS WITH MAXIMUM BACK SLOPE OF THREE (3) TO ONE (1) BOTH SIDES. 9. CUL-DE-SAC: WHEREVER A TURN AROUND IS REQUIRED BY 1HE PLANNING COMMISSION A CIRCULAR TURN AROUND HAVING A MAXIMUM INSIDE RADIUS OF FORTY FlVE (45) FEET AND A MINIMUM OUTSIDE RADIUS OF SIXTY (60) FEET SHALL BE PROVIDED. f0. ALL CONSIRUCTION SHALL BE IN ACCORDANCE WITH THE ROADWAY, DRAINAGE, AND DETENTION ADDEDUM TO SUBDIVISION REGULATIONS DATED SEPTEMBER 21, 2005. ROADWAY & DRAINAGE DESIGN: A. ROADWAYS SHALL BE DESIGNED TO PROVIDE A MINIMUM DITCH OF TWO FEEL' IN DEPTH AND TO BE MEASURED FROM THE TOP OF SUB-GRADE NOT THE TOP OF PAVEMENT B. BORROW DITCHES DESIGN AS FOLLOWS: 1. 4:1 MINIMUM FORE-SLOPE AND BACK-SLOPE. 2. BACKFILLED WITH 4° MIN. TOPSOIL AND SEEDED. 3. SHALL BE CONTAINED WITHIN A ADDIAONAL 5' D/E & U/E C. ALL ROADWAY CULVERTS AND STORM DRAINS SHALL BE ONE OF THE FOLLOWING: SMOOTH STEEL PIPE, RCP, RCB, CGMP, AND HOPE. HOPE CULVERTS MAY BE USED IF THERE IS AT LEAST 24-INCHES OF COVER. ALL CULVERTS SHALL HAVE ODOT STANDARD SLOPED CONCRETE END SEC710NS OR ODOT STANDARD HEADWALLS. ALL ROADWAY CULVERTS SHALL BE A MINIMUM OF 15° IN DIAMETER. D. A STORM WATER POLLU110N PREVENTION PLAN (SWPPP) SHALL BE PROVIDED TO 1HE COUNTY ALONG WITH CONSTRUC770N PLANS IN ACCORDANCE THE CURRENT ODEQ RULES AND REGULA710NS REGARDING STORM WA1ER DISCHARGE. E. HYDRAULIC GRADE LINES SHALL BE PROVIDED WITH ALL STORM DRAIN CONSTRUCTION PLANS. F. ALL DETENTION FACILITIES SHAH BE DESIGNED WITH ONE FOOT (1) OF FREEBOARD DURING A 500-YEAR STORM EVENT. G. DRIVEWAY CULVERTS SHALL CONSIST OF SMOOIN STEEL PIPES, REINFORCED CONCRETE PIPE (RCP), OR CORRUGATED METAL PIPE (CGMP). DRIVEWAY CULVERTS' MAY BE HOPE ONLY IF THE DRIVEWAY IS CONCRETE AND AT LEAST SIX INCHES (6°) THICK. ALL DRNEWAY CULVERTS SHALL HAVE ODOT STANDARD SLOPED CONCRETE END SECTIONS ANY OTHER TYPE MUST BE APPROVED BY THE COUNTY. ALL CULVERT SPECIFICATIONS SHALL BE IN ACCORDANCE THE ROGERS COUNTY STANDARDS. H. SUB-BASE SHALL BE A MINIMUM OF 6" COMPACTED 1-1/2" AGGREGATE BASE OR APPROVED EQUAL. MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: ROGER STEVENS PUBLIC WORK DIRECTOR SUBJECT: AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WASTEWATER TREATMENT PLANT, PUMP STATION AND COLLECTION SYSTEM EXPANSION AND UPGRADE DATE: August 7, 2008 BACKGROUND: The City of Owasso provides wastewater collection, conveyance and treatment services for over 8,500 residential, business and industrial customers. The existing collection system consists of over 100 miles of sanitary sewer line (ranging in size from 4 to 21 inches in diameter), 12 pump stations and a 3.3 million gallon per day (MGD) treatment facility. In response to rapid growth, in 2005 the City of Owasso commissioned the update of its 1997 Wastewater Master Plan. The update, now completed, provides a 20-year guide for the prioritization and construction of upgrades to the City's conveyance and treatment infrastructure. Among the immediate needs, the plan recommends the investment of approximately $7.9 million for the upgrade of the Wastewater Treatment Plant and the 117`h Street Pump Station. The recommended improvements will increase the average treatment plant capacity to 4.2 mgd - which is anticipated to meet treatment demand for the next 10 years. Similarly, improvement to the 117` Street Pump Station will upgrade existing facilities thereby increasing pumping capacity to accommodate present and future needs. In order to meet these needs, the City of Owasso invited Statements of Qualifications for Professional Engineering Services from three consulting firms to provide design services for these improvements. Following an evaluation and recommendation by both engineering and operations staff, the Authority awarded a contract for engineering services to Greeley & Hansen in the amount of $545,000 during it's regularly scheduled meeting of July 13, 2007. Design work under this agreement is on-going and will be completed by mid-September. ADDITIONAL PROTECT SCOPE: Extensive current and proposed development in the southwestern corner of Rogers County, east of Owasso, has created the opportunity for the extension of City of Owasso sanitary sewer to this area. In September 2007, City of Owasso engineering and operations staff began discussions with Greeley & Hansen concerning the development of a design for a sanitary sewer interceptor along a 76`" Street North alignment to serve an area generally bounded by 76`h Street North to the north, the Verdigris River to the east, 59`h Street to the south and 143rd East Avenue to the west. Amendment to the Agreement for Engineering Services Sanitary Sewer Treatment and Collection Improvements Page 2 of 3 This area consists of all or portions of Sections 25, 26, 35 and 36 of Township 21 North, Range 14 East, Sections 1 and 2 of Township 20 North, Range 14 East and Section 31 of Township 21 North, Range 15 East. In all, some 4,708 Gross Acres are within the drainage basin, 3,136 Net Acres are available for development and 707 Net Acres previously developed would have access the proposed sanitary sewer interceptor. The estimated population of the service area is 8,727. The proposed 76`h Street Interceptor would be a gravity sewer line and would extend east from a connection to the Elm Creek Interceptor (west of the 76`h Street North/145d' East Avenue intersection) a distance of 5.5 miles to approximately 193rd East Avenue. The western segment 20,410 lineal feet of the interceptor is proposed to be constructed of 27", 24", 21", 15"and 12" PVC pipe; the eastern segment 8,890 lineal feet of the interceptor (76`'' Street North Interceptor - East Extension) is proposed to be constructed of 10" PVC pipe. The construction cost for these two components is estimated to be $4,800,000. AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT: Based on the scope for the 76` Street Sanitary Sewer Interceptor project, City staff requested from Greeley & Hansen an amendment to the previously approved Engineering Services Agreement. Engineering Services to be performed by the engineer under this amendment include: - Preparation of a preliminary engineering report (PER) to qualify the proposed project for ODEQ State Revolving Fund financing. - Preparation of preliminary and final design for approximately 29,300 lineal feet of gravity sewer (including design survey, mapping and geotechnical investigation). - Preparation of contract documents including drawings, specifications and permit applications for the project. - Bid related assistance. Greeley and Hansen has developed staff-hour projections for the additional scope and submitted a fixed rate fee proposal in the amount of $358,000 or 7.5°Io of the estimated construction cost (Attachment C). PROTECT SCHEDULE: The design of the 76` Street Interceptor project will require approximately eight months to complete. The schedule below illustrates a start date of August 2008 and an approximate completion date of April 2009 (for engineering services). - Notice to Proceed to Greeley & Hansen from the City of Owasso -August 2008. - Project Start Date -August 2008. - Complete Design Survey and Geotechnical Investigation -October 2008. - Complete Preliminary Design/LTtility Coordination -December 2008 - Complete Final Design -February 2009 Amendment to the Agreement for Engineering Services Sanitary Sewer Treatment and Collection Improvements Page 3 of 3 - Complete DPW/ODEQ Review -February 2009 - Advertise for Bids -March 2009 - Receive Bids -April 2009 - Council Approval/Notice to Proceed -May 2009 - Construction Complete -Western Segment (Elm Creek Interceptor to School) - October 2009 - Construction Complete - Eastern Segment (School to East 193rd Street and Collectors) -February 2010 FUNDING: Funding for this project will be obtained from the Oklahoma Water Resources Board (OWRB) via a loan from the Drinking Water State Revolving Fund. Resolution No. 2007-06, passed by the Authority during its meeting of July 13 2007, declares the Authority's intent to be reimbursed from proceeds of the OWRB loan for project expenses incurred by the OPWA prior to loan closing. FY 2008-2009 allocation for Wastewater Improvements provides sufficient temporary funding pending reimbursement from OWRB. RECOMMENDATION: Staff intends to recommend OPWA Trustee approval of an amendment to the Agreement for Engineering Services for the Wastewater Treatment Plant Expansion and 117th Street Pump Station Upgrade with Greeley and Hansen, LLC (Chicago, Illinois) for the purpose of expanding the scope of services to include the design of the 76t" Street Sanitary Sewer Interceptor project in the amount of $358,000 and authorization of the Chair to execute the agreement. ATTACHMENTS: A. Engineering Services Agreement with Greeley and Hansen w/Attachments B. Service Area Map Agreement for Engineering Services EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR and Owasso Public Works Authority Owasso, Oklahoma THIS AGREEMENT, made and entered into this August 19, 2008 between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, Greeley and Hansen LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, AUTHORITY intends to design the East 76 Street North Sanitary Sewer Interceptor, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment A, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. AUTHORITY'S RESPONSIBILITIES. AUTHORITY shall be responsible for all matters described in Attachment B, RESPONSIBILITIES OF THE, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. COMPENSATION. AUTHORITY shall pay ENGINEER in accordance with Attachment C, COMPENSATION, and further described in Attachment D, MAN-HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 4. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment E, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment A, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 5. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S deliverables. 6. LIMITATION OF RESPONSIBILITY. 6.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 6.2. The presence of ENGINEER'S personnel at a construction site is for the purpose of providing to the AUTHORITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 6.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 6.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 6.5. ENGINEER'S deliverables, hard copies of record drawings are to be provided upon the completion of the project. Computer-generated drawing files furnished by ENGINEER are for AUTHORITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 7. OPINIONS OF COST AND SCHEDULE. 7.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 7.2e Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 8. LIABILITY AND INDEMNIFICATION. 8.1. ENGINEER shall defend and indemnify AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 8.2. ENGINEER shall not be liable to AUTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 9. CONTRACTOR INDEMNIFICATION AND CLAIMS. 9.1. AUTHORITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of AUTHORITY and ENGINEER for contractor's negligence. 9.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY and ENGINEER as additional insured's on the contractor's general liability insurance policy. 10. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 11. INSURANCE 11.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 11.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 11.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 11.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 11.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 11.2. ENGINEER shall furnish AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. 12. OWNERSHIP AND REUSE OF DOCUMENTS. 12.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the AUTHORITY. 12.2. AUTHORITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at AUTHORITY'S risk. 13. TERMINATION OF AGREEMENT. 13.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 13.2. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for AUTHORITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to AUTHORITY. In the event of termination or suspension for AUTHORITY'S convenience, AUTHORITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 14. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Paul Vogel and Ken Johnson Greeley and Hansen LLC 100 S. Wacker Drive, Suite 1400 Chicago, Illinois 60606 To AUTHORITY: Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 Attention: Roger Stevens 14.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and AUTHORITY. 15. UNCONTROLLABLE FORCES. Neither AUTHORITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either AUTHORITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 16. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed here from, and the balance of this AGREEMENT shall remain in full force and effect. 17. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. AUTHORITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 18. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the AUTHORITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the AUTHORITY'S Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the AUTHORITY Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 19. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 20. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the AUTHORITY staff initially and periodically thereafter and will be available for public meetings and/or AUTHORITY. 21. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Joseph Teusch as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of AUTHORITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Chair of the AUTHORITY. Greeley and Hansen LLC Paul Vogel and Kenneth V. Johnson Principal Date APPROVED: Joseph Teusch Associate OWASSO PUBLIC WORKS AUTHORITY Authority Clerk Chair Date APPROVED AS TO FORM: Authority Attorney ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES between CITY OF OWASSO, OKLAHOMA and GREELEY AND HANSEN LLC EAST 76T" STREET NORTH SANITARY SEWER INTERCEPTOR SCOPE OF SERVICES The scope of engineering services includes planning, design and bid assistance in connection with the East 76th Street North Sanitary Sewer Interceptor. The proposed interceptor is needed to extend sewer service in the southeast region of the service area. The proposed project will serve the area generally bordered by E. 76th Street N. to the north, the Verdigris River to the east, E. 59th Street N. to the south and N. 143rd E. Avenue to the west. It is anticipated that sewer flows from the project area, which will include the Stone Canyon development will be conveyed to the existing Elm Creek Interceptor located one-half mile southwest of the E. 76th Street N. and N. 143rd E. Avenue intersection. The scope of work includes the following major elements: a. Prepare a preliminary engineering report (PER) to qualify the proposed project for ODEQ State Revolving Fund financing. b. Prepare Contract Documents and provide bid related assistance for the design of approximately 29,300 feet of gravity sewer. TASK 1.0 -PRELIMINARY ENGINEERING REPORT 1.1 Progress Meetings. Meet monthly with Owasso utility staff to review technical aspects of the project. Prepare meeting notes and distribute. 1.2 Gather Basic Data. Collect relevant information on the planning area, including land uses, zoning and any available reports and drawings on the existing sewer system. 1.3 Summarize Basic Data for Service Area. Prepare spreadsheets showing projected wastewater flow rates from the service area based upon anticipated land use and development rate. Prepare an electronic base map (USGS topographic map or equivalent) to show the proposed sewer facilities. 1.4 Alternatives Evaluation. Develop and screen two alternative alignments for the interceptor sewer. Compare alternatives based upon cost and other non- monetary factors. Analyze the capacity of the Elm Creek Interceptor to receive flow from the service area. 1.5 Environmental Information Document. Discuss and show project impacts to: soils and geology; wetlands; floodplain; groundwater; air quality; biota; historic, architectural, archeological sites; national landmarks; open space and indirect impacts. It is understood that the cost for an Archeological Survey, if needed, is not included as part of this scope. 1.6 Project Implementation. Coordinate with the City of Owasso's financial and rate consultant regarding SRF financing for the selected plan. Develop a schedule for design and construction of the selected plan. Arrange for necessary resolutions to be issued, including resolutions identifying the designated wastewater management agency (City of Owasso Public Works Department), designating the authorized loan signatory and indicating the City of Owasso's acceptance of the preliminary engineering report. 1.7 Pubic Participation. Participate in the public hearing, to be attended by members of the City of Owasso Department of Public Works, and interested citizens. Prepare handouts and graphics for the meeting. The public hearing will present and receive public comments on the selected plan. 1.8 Preliminary En ineering Report. Prepare a draft report for review by City of Owasso Public Works Department. Incorporate City of Owasso comments in draft report. After public hearing, incorporate into the final report the hearing transcript, written comments and response and any resulting modifications to the selected project. Submit 6 copies of the final report to the City of Owasso. Respond to ODEQ comments on the preliminary engineering report and revise the plan as necessary in response to ODEQ comments. TASK 2.0 -PRELIMINARY DESIGN 2.1 Aerial Mapping. Arrange for and provide, through a subcontract, aerial survey and topographic mapping for an area approximately 5.5 miles in length and 400 feet in width. The topographic survey will provide 1-foot contour intervals at a scale of 1" = 40'. 2.2 Utilities and ROW Survey. Arrange for and provide, through a subcontract, a ground survey to map buried utilities, to obtain elevations of special pipeline crossings such as ditches or creeks, and to determine existing property owner/easement information along the proposed sewer alignment. 2.3 Geotechnical Report. Arrange for and provide, through a subcontract, soil borings and a geotechnical report for the project. It is anticipated that soil borings will be taken at 500-foot intervals along the proposed sewer alignment. 2.4 Easement Requirements. Determine the number, size and type of easements that will be required for the construction of the project. 2.5 Preliminary Construction Cost Opinion. Prepare a preliminary construction cost opinion consisting of quantity takeoffs and unit costs for the Project. TASK 3.0 -FINAL DESIGN 3.1 Drawings. Prepare Construction Drawings for use, together with the Construction Specifications, in taking competitive bids and entering into a construction contract with an experienced and competent contractor. 3.2 Specifications. Prepare Construction Specifications for use, together with the Construction Drawings, in taking competitive bids and entering into a construction contract with an experienced and competent contractor. 3.3 Final Construction Cost Opinion. Upon completion of the Drawings and Specifications, prepare final construction cost opinion. 3.4 Legal Descriptions. Arrange for and provide, through a subcontract, legal descriptions and exhibits for the project. This task provides for the preparation of legal descriptions and exhibits for permanent/ temporary easements for up to 20 parcels. 3.5 Permit Applications. Prepare project information submissions, including permit applications and review comments, to the ODEQ for Construction Permit and to the U.S. Department of Army for Section 404 Water Quality Permit. Provide in the specifications a list of permits which must be obtained by the construction contractor. It is understood that the construction contractor must obtain the ODEQ Stormwater and Erosion Control Permit. TASK 4.0 -BID ASSISTANCE 4.1 Bidder Inquiries. Respond to bidder inquiries during the bidding period. 4.2 Addenda. Prepare addenda as needed to clarify the Contract Documents. 4.3 Pre-Bid Meeting. Attend pre-bid meeting and prepare meeting notes. 4.4 Bid Report. Tabulate bids and prepare bid report including recommendation on award of contract. Agreement for Engineering Services Owasso Public Works Authority City of Owasso, Oklahoma EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR Responsibilities of the Authority Attachment B RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: A. Scheduling. Provide notice to proceed at least 14 days prior to actual project start date. B. Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: B.1. Records, reports, studies, plans, drawings, and other data available in the files of the AUTHORITY that may be useful in the work involved under this AGREEMENT. B.2. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by AUTHORITY. C. Access. To provide access to public and private property when required in performance of ENGINEER's services. D. Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. E. Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. ATTACHMENT C AGREEMENT FOR PROFESSIONAL SERVICES between CITY OF OWASSO, OKLAHOMA and GREELEY AND HANSEN LLC East 76th Street North Sanitary Sewer Interceptor Estimated Compensation Task 1.0 -Preliminary Engineering Report Direct Labor: a. Principal b. Project Manager c. Senior Engineer d. Project Engineers e. Designers/CAD Operators f. Word Processors Subtotal 2. Greeley and Hansen Labor Costs with 2.99 Multiplier 3. Other Direct Costs a. Reproduction/Printing Estimated Days Hours/Day Rates Cost 0.5 8 $75 $300 10.0 8 $45 $3,600 1.0 8 $50 $400 28.5 8 $35 $7,980 11.0 8 $30 $2,640 2.0 8 $15 $240 53.0 $15,160 $45,328 $200 4. Subtotal -Preliminary Engineering Report Task 2.0 -Preliminary Design Direct Labor: a. Principal b. Project Manager c. Senior Engineer d. Project Engineers e. Designers/CAD Operators f. Word Processors Subtotal Estimated Days Hours/Day Rates Cost 0.0 8 $75 $0 4.5 8 $45 $1,620 0.0 8 $50 $0 10.0 8 $35 $2,800 4.0 8 $30 $960 0.0 8 $15 $0 18.5 $5,380 2. Greeley and Hansen Labor Costs with 2.99 Multiplier 3. Subconsultant Costs a. Aerial Mapping -ADS, Inc. b. Utilities & ROW Survey -Harden & Associates c. Geotechnical - Terracon Total 4. Subconsultant Costs with 1.05 Multiplier $16, 086 $50,000 $25,000 $35, 000 $110,000 $115,500 $45,528 5. Subtotal -Preliminary Design $131,586 Page 1 of 2 ATTACHMENT C AGREEMENT FOR PROFESSIONAL SERVICES between CITY OF OWASSO, OKLAHOMA and GREELEY AND HANSEN LLC East 76th Street North Sanitary Sewer Interceptor Estimated Compensation Task 3.0 -Final Design 1. Direct Labor: a. Principal b. Project Manager c. Senior Engineer d. Project Engineers e. Designers/CAD Operators f. Word Processors Subtotal 2. Greeley and Hansen Labor Costs with 2.99 Multiplier 3. Subconsultant Costs a. Legal Descriptions -Harden & Associates Total 4. Subconsultant Costs with 1.05 Multiplier 5. Other Direct Costs a. Airfare/ Travel b. Reproduction/Printing Subtotal Estimated Days Hours/Day Rates Cost 2.0 8 $75 $1,200 18.5 8 $45 $6,660 10.0 8 $50 $4,000 84.0 8 $35 $23,520 85.0 8 $30 $20,400 0.0 8 $15 $0 199.5 $55,780 $2,500 $2,500 $166,782 $2,625 3 Trips @ $750 /Trip $2,250 $1,000 $3,250 6. Subtotal -Final Design Task 4.0 -Bid Assistance 1. Direct Labor: a. Principal b. Project Manager c. Senior Engineer d. Project Engineers e. Designers/CAD Operators f. Word Processors Subtotal 2. Greeley and Hansen Labor Costs with 2.99 Multiplier Estimated Days Hours/Day Rates Cost 0.0 8 $75 $0 3.0 8 $45 $1,080 0.0 8 $50 $0 4.0 8 $35 $1,120 1.0 8 $30 $240 1.5 8 $15 $180 9.5 $2,620 3. Other Direct Costs a. Airfare/ Travel 4. Subtotal -Bid Assistance $7,834 1 Trip @ $750 /Trip $750 Total Compensation (Rounded) $172,657 $8,584 $358,000 Page 2 of 2 ATTACHMENT D AGREEMENT FOR PROFESSIONAL SERVICES between CITY OF OWASSO, OKLAHOMA and GREELEY AND HANSEN LLC East 76th Street North Sanitary Sewer Interceptor MAN-HOUR BREAKDOWN Estimated Workdays Project Senior Project Designer Word Task Description Principal Manager Engineer Engineer /CAD Oper Processor Totals 1.0 PRELIMINARY ENGINEERING REPORT 1.1 Progress Meetings 1.2 Gather Basic Data 1.3 Summarize Basic Data for Service Area 1.4 Alternatives Evaluation 1.5 Environmental Information Document 1.6 Project Implementation 1.7 Public Participation 1.8 Preliminary Engineering Report Subtotal -PER 2.0 PRELIMINARY DESIGN 2.1 Aerial Survey & Mapping 2.2 Utilities & ROW Survey 2.3 Geotechnical Report 2.4 Easement Requirements 2.5 Preliminary Cost Opinion Subtotal -Preliminary Design 3.0 FINAL DESIGN 3.1 Drawings (35 total drawings) 3.2 Specifications 3.3 Final Cost Opinion 3.4 Legal Descriptions 3.5 Permit Applications Subtotal -Final Design 4.0 BID ASSISTANCE 4.1 Bidder Inquiries 4.2 Addenda 4.3 Pre-Bid Meeting 4.4 Bid Report Subtotal -Bid Assistance Totals 0.0 2.0 0.0 2.5 0.0 0.0 4.5 0.0 0.5 0.0 2.0 0.0 0.0 2.5 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.0 1.0 0.0 4.0 2.0 0.0 7.0 0.0 2.0 1.0 10.0 5.0 0.0 18.0 0.0 0.5 0.0 1.0 0.0 0.0 1.5 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.5 2.0 0.0 5.0 4.0 2.0 13.5 0.5 10.0 1.0 28.5 11.0 2.0 53.0 0.0 1.0 0.0 2.0 2.0 0.0 5.0 0.0 1.0 0.0 2.0 2.0 0.0 5.0 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.0 0.5 0.0 2.0 0.0 0.0 2.5 0.0 4.5 0.0 10.0 4.0 0.0 18.5 1.0 10.0 10.0 60.0 85.0 0.0 166.0 1.0 5.0 0.0 15.0 0.0 0.0 21.0 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.0 0.5 0.0 2.0 0.0 0.0 2.5 0.0 2.0 0.0 5.0 0.0 0.0 7.0 2.0 18.5 10.0 84.0 85.0 0.0 199.5 0.0 1.0 0.0 2.0 0.0 0.0 3.0 0.0 0.5 0.0 1.0 1.0 0.5 3.0 0.0 1.0 0.0 0.0 0.0 0.5 1.5 0.0 0.5 0.0 1.0 0.0 0.5 2.0 0.0 3.0 0.0 4.0 1.0 1.5 9.5 2.5 36.0 11.0 126.5 101.0 3.5 280.5 Page 1 of 1 Agreement for Engineering Services Owasso Public Works Authority City of Owasso, Oklahoma EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR Schedule Attachment E SCHEDULE: The design of the Wastewater Treatment Plant and the 117th Pump Station Expansion will be conducted in a single phase. It is anticipated that the project will require approximately thirteen months to complete. The schedule below illustrates a start date of August 2008 and an approximate completion date of Apri12008. Actual start date will be 14 days from Notice to Proceed by the AUTHORITY. The schedule is as follows: • Notice to Proceed is provided to Greeley and Hansen from the City of Owasso - August 2008. • Project Start Date -August 2008. • Complete Design Process -February 2008. • DPW Review -February 2008. • Advertisement for Bids Date -March 2008. • Receive Bids -April, 2008. ATTACHMENT E (SCHEDULE).DOC 0 a = ~~ w ~U O~ Z~ ~? r~ 1 W~ ~3 ~^ w "J 1 f I ~ Y r I r I Q Q ZZ W US ' / r - - I L w - ~ I / \ ~ ~l / ` ` I I // \ I \ ~ 3nv 3 aa~s~ N ~ ~ -------. 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H-HO bl~Zl 80/BO/BO L~1 LOOSStlMO~sa~~j OOyO LZ~asso,x0 O16L0\sLaalwd~~f ~3lIJ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PELIVAN LETTER OF AGREEMENT FOR FY ' 09 DATE: August 6, 2008 BACKGROUND Pelivan Transit began its Owasso operations on December 28, 2007. Since that time, the service seems to have built a growing customer base reflected in the two charts below in terms of the number of passenger trips and fare box revenues. Increase in Fares Revenue $1,600.00 _ __ $1,400.00 - - - :_+----+--~---+ $1,200.00 - _ -- ~ $1,000.00 - -- - - - - $800.00 - - - - ~ $600.00 - - -- -- - - - - $400.00 - - - - -- --- _ _ $200.00 - - - - - - Months Pelivan has requested that the City of Owasso execute a letter of agreement for services to be provided by Pelivan from October 1, 2008 through September 30, 2009 in the amount of $49,393. This amount is included in the FY '09 budget. The amount of Owasso's contribution to Pelivan in FY '08~ was $41,975. Pelivan reports that the request for an increase in the municipal contribution is due in part to rising fuel costs. So far, the program has been in operation for just over seven months. During that time, the numbers indicating ridership and revenue have risen significantly. However, these growth trends have leveled off, making projections about total ridership and revenue likely to be more accurate. If the numbers that Pelivan has reported for April, May, and June 2008 prove to be average monthly statistics, then one can project that the average annual ridership will total around 7,500, and that average annual fare box revenue will total around $15,500. It is encouraging to note that in June, 418 of the 600 passenger trips were taken by elderly and/or disabled customers, indicating that these users comprise 69 % of the total customer base utilizing Pelivan. RECOMMENDATION: The staff intends to recommend that the City Council authorize the City Manager to execute the Purchase of Service Agreement between the City of Owasso and Pelivan Transit for FY '09. ATTACHMENT: Proposed Purchase of Service Agreement (918) 783-5793 Gateway Fax: (918) 783-5786 Economic Developmen t Association Purchase of Service Agreement This letter establishes an Agreement made and entered into on the day of 2008, between The City of Owasso and Grand Gateway Economic Development Association/PELIVAN TRANSIT regarding financial assistance to the Association for the operation of a demand-response Public Transportation System operated by Pelivan Transit for FY-2009. Whereas, the City of Owasso and area business leaders have identified certain community needs and set certain goals for the economic development of the community. Whereas, there is a need to implement programs for the City of Owasso to meet a need to provide services to attract and serve the elderly and retirees in order to become a more desirable retirement community, as well as providing a much needed service to all citizens of the community. Whereas, the Grand Gateway Economic Development Association is starting a Transportation Program established under the Oklahoma Department of Transportation Section 5311 Transportation Program which will provide public transportation for the citizens of Owasso and has requested the City to assist in financing this program. Whereas, the City of Owasso will provide $49,393 to the Association for Grand Gateway's service in providing public transportation to the citizens of Owasso, Oklahoma. Payments may be rendered in ten (10) monthly payments of $4,939.30 or a lump sum payment payable to Grand Gateway E.D.A./Pelivan Transit, P. O. Drawer B, Big Cabin, OK 74332. Grand Gateway/Pelivan Transit will provide ridership totals for the previous month based on actual ridership with each monthly billing. Whereas, Grand Gateway's Pelivan Transit will assign two (2) vehicles with drivers, and one (1) dispatcher for the City of Owasso commencing October 1, 2008 through September 30, 2009 (FY-2009) or as soon as practicable for start-up operations to operate the demand- response route within the city limits from 7:30 a.m. to 5:30 p.m. Monday through Friday with the exception of Holiday's as listed listed below: New Year's Day Martin Luther King, Jr. Day Washington's Birthday Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day (Two days) Christmas Day (Two days) Columbus Day FEDERAL/STATE ASSISTANCE: The Pelivan Transit, CONTRACTOR and the City of Owasso are particularly advised that the execution and continuance of the AGREEMENT is contingent upon receipt of financial assistance from the Federal and State levels. This AGREEMENT will terminate if the Federal funding is discontinued. The State assumes no responsibility to fund this program if there is a failure of Federal Funding. CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the period indicated above and is subject to early renewal by the governing body of the City of Owasso. INSURANCE: Grand Gateway Economic Development Association, d/b/a Pelivan Transit, shall maintain liability insurance on all vehicles covered by this AGREEMENT with limits of liability in the amount of One Million and no/100 dollars ($1,000,000.) for any number of claims arising out of a single occurrence or accident, and shall provide proof of coverage to the City of Owasso when requested. Whereas, the terms of this Letter of Agreement may be changed only through mutual agreement by both parties. Edward J. Crone, Exec.Director Grand Gateway E.D.A. P.O.Drawer B Big Cabin, OK. 74332 Notary: Signed before me this day of 2008 Rodney Ray, City Manager City of Owasso P. O. Box 180 Owasso, OK 74055 Notary: Signed before me this day of , 2008 rand Gateway July 24, City Manager Rodney Ray City of Owasso P. O. Box 180 Eric Wiles Owasso, OK 74055 Dear Rodney: Economic Development Association (918) 783-5793 Fax: (918) 783-5786 Pelivan Transit owned and operated by Grand Gateway EDA will be enacting a fuel surcharge to the fares and delaying the increase in hours of service for FY-2009 effective October 1, 2008 due to the costs associated with the rising fuel prices. The proposed fares increases are as follows: City Fares Rural Route Fares (2 miles beyond City Limits) Variable Distance/Airport Fares Employment Fares (Any age) Trolley Fares *Children under age 5 with payi 60 yrs & Older/Students (K-6th Grade) *Under 60 yrs $2.00 $2.50 $2.75 $3.50 $1.50/mile $2.00 One Way $1.00 ng Adult can ride free The demand response transportation hours of service are to remain from 8:00 a.m. to 4:00 p.m. from Monday through Friday for the cities of Grove, Miami, Owasso, Pryor, and Vinita; and from 8:00 a.m. to 4:30 p.m. from Monday through Saturday in Claremore. These hours of service will remain in effect until further notice. Please contact the Pelivan Transit Director by Friday, August 15, 2008 for discussion, if needed. We will issue Amendments to the Service Agreements for FY-2009 on August 16, 2008 for execution of the proposed changes. A press release and public notice will be posted in the respective newspapers announcing the fares increases to the public and the scheduled hours of service from August 16, 2008 through September 16, 2008 informing the general public of the changes. 333 S. Oak Street • P.O. Drawer B • Big Cabin, OK 74332 Pelivan Transit Page 2 This difficult decision will provide additional funding to meet the rising fuel bills over the next year. Last month's fuel bill was over $30,000. The delay in increasing our hours of service will defray more service costs and manpower hours needed for this addition. Our pursuit to provide dependable public transportation to your communities continues and we hope that future funding opportunities and transportation projects will help to enable us in continuing this great service to you. End J. Cron Executive Dir for Grand Gatew y A /DM xc: Eric Wiles MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JULIE TROUT LOMBARDI GENERAL COUNSEL SUBJECT: PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE OPWA, MORROW INVESTMENT CAPITAL, L.L.C. AND MORROW PLACE INVESTMENT GROUP, L.L.C. DATE: August 12, 2008 BACKGROUND Morrow Investment Capital, L.L.C. and Morrow Place Investment Group, L.L.C. (collectively "Morrow") acquired an ownership interest several years ago in an 80 acre tract located west of the intersection of U.S. Highway 169 and 116th St. North in Owasso. Morrow and its affiliates intend to develop the tract as a commercial retail center (the "Project"). The Project will require construction of street, utility, service road and storm sewer improvements as a part of its development. Plans for the service road and storm sewer improvements (including detention to the extent that such improvements relate to the proposed service road) have been reviewed and approved by the City and the OPWA. Recognizing that neither the City nor the OPWA currently has funds sufficient to pay the entirety of costs needed to construct both the storm sewer and service road improvements, and further recognizing that the Project is expected to generate substantial new sales tax revenues for the City, the City, the OPWA and Morrow propose to mutually execute a Development Agreement whereby Morrow agrees to pay for the construction of the storm sewer and service road improvements and the OPWA subsequently reimburses Morrow for those costs. Reimbursement to Morrow under the proposed Agreement would be made in monthly installments in an amount equal to one-half cent of the City sales tax generated by businesses located within the Development Area and the Morrow Property. Revenue from any business operating within the City of Owasso at the time the Development Agreement is executed which This exception notwithstanding, however, sales tax revenue generated by a business existing and operating within Owasso at the time the Development Agreement is executed which thereafter constructs an additional store or business within the Development Area (e.g., Walgreen's, McDonalds) shall be included within the monthly computed payback amount. The estimated cost for construction of the service road and storm sewer improvements for which Morrow will be entitled to reimbursement under the Development Agreement is $536,247.20. The reimbursement amount payable to Morrow shall not exceed this amount. This amount includes payment for 28,749.60 square feet of land which will be dedicated to the City by Morrow for the 116th Street Road Improvements. Construction of all proposed service road and storm sewer improvements must be publicly bid by Morrow in compliance with the Public Competitive Bidding Act contained in Title 61 of the Oklahoma Statutes. Failure to comply with the Act's provisions shall negate Morrow's right to receive reimbursement from either the City or the OPWA for the proposed public improvements. The life of the Development Agreement shall be limited to fifteen (15) years, and the Agreement shall automatically terminate fifteen (15) years after the date the Agreement is executed even if the total cost of the public improvements has not been fully reimbursed to Morrow. Reimbursements to Morrow shall begin only after each of the following has occurred: 1. Ninety (90) days after a business is opened within any part of the Development Property, 2. Sales Tax Revenue is being generated by any portion of the Development Property, 3. Sales Tax Revenue for the initial ninety (90) day period has been received by the City from Oklahoma Tax Commission, and 4. The accrued amount of the payback to Morrow has reached $300,000. Installment payments shall be made to Morrow by the OPWA on a monthly basis within sixty (60) days from the date the City receives the required documentation from the Oklahoma Tax Commission. RECOMMENDATION Staff will recommend City and OPWA approval of the proposed Development Agreement and City Council approval of the indebtedness of the OPWA in the amount of $536,247.20 as set forth in the Agreement. ATTACHMENTS Proposed Development Agreement DEVELOPMENT AGREEMENT (MORROW DEVELOPMENT) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into effective as of , 2008 by and between OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust ("Authority") and MORROW INVESTMENT CAPITAL, L.L.C., an Oklahoma limited liability company, and MORROW PLACE INVESTMENT GROUP, L.L.C., an Oklahoma limited liability company (collectively, "MORROW"). RECITALS A. MORROW and its affiliates have acquired ownership interest in that certain property consisting of approximately 80 acres and situated West of the intersection of Highway 169 and North of 116th Street North in Owasso, Oklahoma ("Property") for the development of a commercial retail center (the "Project"), which property is more fully described and depicted on Exhibit "A" attached hereto. B. This Agreement is being entered into with the expectation that the new Project proposed to be undertaken (or being undertaken) by, or facilitated by, MORROW in Owasso, Oklahoma, will generate substantial new sales tax revenues for the City of Owasso (the "City"). C. MORROW's Project reasonably requires significant land dedications, street improvements (the plans and specifications for which have been prepared by the Authority and reviewed and approved by the City and the Authority) and certain utility, service road and storm sewer improvements (including Detention, but only to the extent that such storm sewer improvements relate to the service road), the plans of which have been prepared by MORROW and reviewed and approved by the City and the Authority, and that neither the City nor the Authority has sufficient current funds to pay the costs thereof at this time. D. Within and subject to the constraints of applicable State law, the City and the Authority have represented that in the event MORROW undertakes to effect and pay the costs of such utility, service road and storm sewer improvements, the Authority will cause MORROW to be reimbursed for such costs. E. The Authority's sources for funding such reimbursements will be either from its surplus revenues or expected funding to be derived from either (i) a City sales tax-based revenue bond issue on the City's current (capital improvements) sales tax of approximately three percent (3.0%); and/or (ii) sufficient annual appropriations or equivalent allocations by the City to the Authority of amounts, payable in monthly installments, equal to one-half cent of such City sales taxes as are collected from businesses or operations situated on (A) any of the "Development Area" described in Exhibit "B" hereto, (B) the MORROW Property. The Project and the Development Area are herein collectively referred to as the "Development Properties". However, no business or operation existing in Owasso at the time this Agreement is executed which subsequently relocates in the Development Area from an existing developed area in Owasso shall be included in the computed payback. Notwithstanding anything herein to the contrary, a business or operation existing in Owasso (e.g., Walgreen's, McDonald's, etc.) which constructs another store or operation in the Development Area shall be included in the computed payback. F. The parties acknowledge that the City cannot obligate itself (i) to appropriate or otherwise allocate any existing or future City sales tax or other moneys to the Authority in any future fiscal year other than on a current fiscal year basis, or (ii) to commit to the Authority that it will facilitate any future bond issue of the Authority, the repayment of which is in whole or in part based on appropriations or allocations of any City sales taxes. G. The parties acknowledge that the City, within and subject to the constraints of applicable State law, has indicated its willingness to express and by these presents does hereby express its reasonable expectations and intentions of undertaking all such actions as may be reasonably necessary to accommodate and facilitate the Authority's performance of this Agreement as set forth above, and through its approval of this Agreement as an incurrence of indebtedness by a public trust of which it is sole beneficiary, and through a Resolution separately adopted concurrently herewith, the City has affirmed such willingness. H. Based on the foregoing, in connection with the Project, MORROW has agreed to construct or cause to be constructed certain public improvements relating to the City's utility, storm sewer (including Detention but only to the extent that such improvements relate to the proposed service road) and roadway systems and facilities (the "Public Improvements"), all as more fully described later in this Agreement and the Authority has determined it would be most advantageous at this time for the Authority to reimburse MORROW for the costs of said Public Improvements pursuant to the terms and conditions set forth below. I. In connection with the development of the Project, the parties desire to more specifically outline the scope, projected cost, time line and project engineering and coordination associated with construction of the Public Improvements. 2 NOW, THEREFORE, in consideration of their respective covenants and conditions herein expressed, the Authority and MORROW agree as follows: 1. Public Improvements. The Public Improvements are generally described as follows, and are more particularly designated or described on the improvement plans for each portion of the Public Improvements prepared by Khoury Engineering, Inc., and set forth on Exhibit "C" attached hereto (the "Public Improvement Plans"). a. MORROW will design and construct storm sewer lines in the existing and/or to be created storm sewer easement more fully described and depicted on Exhibit "E" attached hereto (Storm Sewer Improvements). The City and Authority shall have oversight and design approval of all Public Improvements to be constructed by MORROW. b. MORROW will obtain, file and furnish the necessary right of way dedications to the City as more particularly provided in Section 2 below, and will design and construct that portion of the service road improvements lying north of East 116`'' Street North, as described and depicted on Exhibit "F" attached hereto ("116`h Street Service Road Improvements"). c. As more particularly provided in Paragraph 3 below, CITY will calculate the reimbursement amount due MORROW based on information obtained by CITY from the Oklahoma Tax Commission. In the event MORROW disputes the reimbursement amount calculated by CITY, CITY agrees to cooperate with MORROW to obtain a release from each business or operator locating within the Development Area so that Morrow may facilitate the release of itemized sales tax information regarding such company or organization within the Development Area from the Oklahoma Tax Commission in order for the parties to determine the exact reimbursement amount due to MORROW. Notwithstanding anything herein to the contrary, either parties' failure to obtain such release or such itemized sales tax information shall not be a default of this Agreement or otherwise condition, restrict or prohibit payback. MORROW has caused its engineer to submit to the Authority the proposed engineering plans and specifications with respect to the Storm Sewer Improvements and the 116`h Street Service Road Improvements, including the electronic format compatible with AutoCad. The Authority and the City have approved the Public Improvement Plans, and MORROW agrees to construct the Public Improvements as described in the Public Improvement Plans within the time frames set forth in the Public Improvement Plans. The cost estimate for the Public Improvements is $536,247.20, as more specifically itemized on Schedule "1" attached hereto. The reimbursement amount payable to 3 MORROW shall not exceed this amount. MORROW, or its Contractor for said Public Improvements, will post a Performance Bond and a Statutory Bond, or other satisfactory collateral, for said Public Improvements with the City prior to the start of construction. All design and construction undertaken by MORROW shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Public Improvements. MORROW shall initially pay all costs incurred for the design and construction of the Public Improvements. MORROW shall receive reimbursement for actual costs incurred for that portion of the design work for which MORROW is responsible and for the construction of the 116th Street Service Road Improvements, including the cost of any required Performance Bonds, Statutory Bonds and Maintenance Bonds as set forth below in Section 3. MORROW is aware that all construction of the Public Improvement Plans must be competitively bid and are required to be in compliance with all Oklahoma competitive bidding statutes. If Morrow does not comply with those bidding statutes, the Authority and the City shall not reimburse MORROW for any portion of the Public Improvements. MORROW hereby agrees to have one (1) employee of the Authority or City present when the bids are opened. The life of this Agreement shall be fifteen (15) years, and the Agreement shall automatically terminate fifteen (15) years after the date of execution of this document even if the cost of the Public Improvements set forth in this Agreement has not been fully reimbursed to MORROW. All Public Improvements shall be subject to the Authority's inspection and approval upon completion. Prior to receipt of the reimbursement described in Section 3 below, and subsequent to completion of the Public Improvement Projects and the requisite acceptance by the City, MORROW shall cause to be prepared, executed and delivered any and all appropriate legal documentation, including, but not limited to, assignments, bills of sales, deeds, easements or grants, reasonably necessary to convey unto the Authority, or its assignee(s), all of MORROW'S right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens, or interests of others which do or might impair the title of the Authority, or its assignee(s), in and to the Public Improvements. The Authority agrees to accept the Public Improvements if constructed in full compliance with the Public Improvement Plans. Upon completion and acceptance of any public improvement to the satisfaction of the Authority, the Authority will recommend final acceptance by the City. It is understood that each portion of the Public Improvements described in Exhibit "C" may be completed at a different time. Each portion of the Public Improvements will be deemed accepted if not rejected in writing within forty-five (45) days of delivery by MORROW to the Authority of a notice of completion as to that portion of the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, but prior to acceptance by the City, MORROW or its contractor shall post a one (1) year maintenance bond for the each portion of the Public Improvements (the "Maintenance Bonds"). After the respective maintenance bond periods, the Authority shall assume responsibility for maintenance of each portion of the Public Improvements. 4 2. Rights of Way Utility Easements and Construction Easements. MORROW agrees to furnish the legal description for any necessary right-of-way and utility easements to the Authority. The Authority agrees that it will obtain, file and furnish the necessary right of way dedications and temporary construction easements for the construction of the Public Improvements. The City, by its acknowledgment below, agrees to pay MORROW Seven Dollars ($7.00) per square foot for that portion of the Property in which MORROW is required to dedicate to the City for the 116`'' Street Service Road Improvements, and that it shall cooperate with MORROW and the Authority to assist in completion of the Public Improvements in accordance with this Agreement. The parties agree that the area to be dedicated to the City for the 116`h Street Road Improvements consists of approximately 28,749.60 square feet and that the payment for such dedication will be $201,247.20 which is included in the Schedule "1" aggregate amount. All actual costs and expenses, including acquisition costs, to obtain the above rights of way and temporary construction easements shall be paid pursuant to the terms of this Agreement, including (without limitation) Section 3 below. 3. Reimbursement of Costs for Public Improvements. The parties agree that the engineer's preliminary estimate of the total anticipated, estimated costs of providing and developing all of the Public Improvements is $536,247.20, as is more fully set forth on Schedule "1", which MORROW shall be entitled to reimbursement. Such schedule represents the parties' good faith estimate of the projected costs associated with the construction of the Public Improvements. The expenses to be reimbursed are solely for the actual cost of construction (not including overhead) of the Public Improvements, design of the Storm Sewer Improvements and the 116`h Street Service Road Improvements, and any required Performance Bonds and Statutory Bonds, but not Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, MORROW shall provide certified (by an authorized representative of MORROW) figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days written notice to MORROW, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso, 111 N. Main, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by MORROW, its agents, officers, employees and/or independent contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. MORROW shall be reimbursed for the cost of design, construction and bonding of the Public Improvements set forth on Schedule "1" as follows: a. The Public Improvements shall be paid by the Authority to MORROW in installments of an amount calculated to equal the rate of one-half (1/2) of one cent of retail sales tax collected by the City from the retail sales within the Development Area. The parties understand that the reimbursement to MORROW shall begin only upon occurrence of each of the following: i) ninety (90) days after a store opens in any portion 5 of the Development Properties, ii) any portion of the Development Properties has begun generating retail sales tax revenue for the City, and (iii) sales tax revenue for the initial ninety (90) day period is received by the City from the Oklahoma Tax Commission, and (iv) the accrued amount of the payback reaches Three Hundred Thousand Dollars ($300,000). The installment payment shall be made by the Authority on a monthly basis within sixty (60) days after the date the City receives the sales tax receipts from the Oklahoma Tax Commissioner for any retail sales at any portion of the Development Properties. 4. Revision to the "Limits of No Access" Desi ng ation. The Authority agrees to request a reduction of the "limits of no access" designation from the Oklahoma Department of Transportation so that a curb cut can be located on East 116`h Street North to provide access for the southeastern portion of the MORROW property. 5. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. The parties, their successors and assigns, further agree that the other party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. 6. Miscellaneous. a. Inspection. To the extent within MORROW'S control, MORROW shall allow the Authority, or their authorized representatives, to access the Public Improvements to inspect the work at any time. b. Choice of Law. This Agreement shall be taken and deemed to have been fully executed and made by the parties herein and governed by the laws of the State of Oklahoma for all purposes and intents. c. Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing, and effective when signed by the authorized agents of the parties. 6 d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. e. Severability. In the event that any term or provision or this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect to the extent the remainder can be given effect without the invalid provision. f. Bindin Eg ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns. g. Costs. In the event of a dispute relating to the matters set forth herein, the prevailing party shall be entitled to reimbursements for all reasonable attorneys' fees and expenses incurred in connection therewith_ h. Notices. Any notice, request or demand provided for in this Agreement shall be deemed to have been sent notice when the notice has been delivered by personal delivery, overnight mail or delivery service, facsimile or deposited in the United States mail, registered or certified, with postage thereon prepaid to the addresses as set forth below. Notice shall be deemed received upon the earlier of: (1) if personally delivered (whether by courier or overnight private mail or delivery services), the date of delivery; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if given by facsimile when sent. The parties' addresses are as follows: To the Authority: Owasso Public Works Authority 111 North Main Street Owasso, Oklahoma 74055 Fax No. 918.272.49116 To the City: City of Owasso 111 North Main Street Owasso, Oklahoma 74055 Attention: Rodney Ray Fax No. 918.376.1599 To MORROW: Morrow Place Investment Group, L.L.C. 12150 E. 96`h Street North, Suite 200 Owasso, Oklahoma 74055 Attn: Pete Kourtis Fax No. 918.272.5376 i. Authority. This Agreement shall become a binding obligation upon execution by all parties hereto. The Authority warrants and represents that the individual executing this Agreement on behalf of the Authority has full authority to execute this 7 Agreement and bind the Authority to the same. The Authority further warrants and represents that this Agreement is valid and enforceable under applicable law and the Authority's public trust documents, and that the Authority has taken all requisite action necessary to approve this Agreement. MORROW warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind MORROW to the same. MORROW further warrants and represents that this Agreement is valid and enforceable under applicable law and MORROW's corporate documents, and that MORROW has taken all requisite action necessary to approve this Agreement. The City, by its acknowledgement below, warrants that the City Resolution(s) attached hereto as Exhibit "D" authorizing the construction of the Public Improvements and work and undertakings related thereto, including the execution of this Agreement, have all been duly authorized by proper and legal action taken by the City of Owasso, Oklahoma. j. Force Majeure. If an event of force majeure occurs, the time for performance of the obligations under this Agreement, other than the payment of sums due, shall be extended for the duration of the event of force majeure. An event of force majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental actions (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions, floods, strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure. IN WITNESS WHEREOF the parties have executed this instrument to be effective as of the day and year first above written. (SEPARATE SIGNATURE PAGES FOLLOW) (Remainder of Page Intentionally Left Blank) 8 SEPARATE SIGNATURE PAGE OF THE AUTHORITY OWASSO PUBLIC WORKS AUTHORITY an Oklahoma Public Trust By Name: Title: Signed as of the effective date on page 1. ACKNOWLEDGED AND APPROVED as to form this day of 2008, by the City of Owasso, Oklahoma. CITY OF OWASSO B y: Name: Attested to By: By Name: City Clerk SEPARATE SIGNATURE PAGE OF MORROW MORROW PLACE INVESTMENT GROUP, L.L.C. By Pete Kourtis, Manager Signed as of the effective date on page 1. MORROW INVESTMENT CAPITAL, L.L.C. B y: B y: Kathleen Morrow Antoniadis, Manager Frank Morrow, Manager Signed as of the effective date on page 1. EXHIBIT "A" LEGAL DESCRIPTION THE MORROW PROPERTY PART OF THE SW/4 SECTION 4, T-21-N R-14-E MORROW PLACE 80 Acre Commercial Tract Description (Southerly tract) A TRACT OF LAND THAT IS A PART OF THE SOUTHWEST QUARTER (SW/4) OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SW/4 OF SECTION 4; THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4, FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45" EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF 93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15", FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24 FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4; THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF 1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE FOLLOWING TEN (10) COURSES: SOUTH 1 ° 18'02" EAST FOR A DISTANCE OF 1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A 1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF TANGENCY; THENCE SOUTH 1°15'26" EAST FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00 FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF 500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2 SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80.000 ACRES. EXHIBIT "B" DEVELOPMENT AREA (City of Owasso, Oklahoma) Part of the W/2 Section 4, T-21-N R-14-E Morrow Place Tract D Description A TRACT OF LAND THAT IN TWO (2) PARTS, BEING A PART OF THE WEST HALF (W/2) OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART D-1: COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT THREE (3), OF SAID SECTION 4; THENCE SOUTH 1°26'23" EAST ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 3 AND THE WESTERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY 169, FOR A DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 88°56'45" EAST AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 227.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°56'45" EAST AND ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 130.42 FEET TO A POINT; THENCE SOUTH 84°50'06" EAST AND CONTINUING ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 230.26 FEET TO A POINT; THENCE SOUTH 1°25'13" EAST AND CONTINUING ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF 515.00 FEET TO A POINT; THENCE SOUTH 88°34'47" WEST FOR A DISTANCE OF 37.65 FEET TO A POINT OF CURVATURE; THENCE ALONG A 325.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 36°00'47", FOR AN ARC DISTANCE OF 204.28 FEET TO A POINT OF TANGENCY; THENCE NORTH 55°24'26" WEST FOR A DISTANCE OF 86.26 FEET TO A POINT OF CURVATURE; THENCE ALONG A 50.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 36°01'59", FOR AN ARC DISTANCE OF 31.44 FEET TO A POINT OF TANGENCY; THENCE SOUTH 88°33'35" WEST FOR A DISTANCE OF 32.07 FEET TO A POINT; THENCE NORTHERLY ALONG A 300.00 FOOT RADIUS CURVE TO THE LEFT, HAVING AN INITIAL TANGENT BEARING OF NORTH 3°12'34" EAST, A CENTRAL ANGLE OF 4°38'57", FOR AN ARC DISTANCE OF 24.34 FEET TO A POINT OF TANGENCY; THENCE NORTH 1°26'25" WEST FOR A DISTANCE OF 395.55 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 174,235 SQUARE FEET, OR 4.000 ACRES; AND PART D-2: BEGINNING AT THE SOUTHWEST CORNER OF SAID W/2 OF SECTION 4; THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4, FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45" EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF 93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15", FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24 FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4; THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF 1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE FOLLOWING TEN (10) COURSES: SOUTH 1°18'02" EAST FOR A DISTANCE OF 1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A 1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF TANGENCY; THENCE SOUTH 1 ° 15'26" EAST FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00 FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF 500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2 SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80.000 ACRES; THE COMBINED TRACTS CONTAINING 3,659,021 SQUARE FEET, OR 84.000 EXHIBIT "C" (PUBLIC IMPROVEMENT PLANS) EXHIBIT "D" CITY OF OWASSO, OKLAHOMA RESOLUTIONS EXHIBIT "E" STORM SEWER EASEMENT EXHIBIT "F" 116TH STREET SERVICE ROAD IMPROVEMENTS SCHEDULE "1" (ESTIMATED COSTS OF PUBLIC IMPROVEMENTS) 116TH STREET SERVICE ROAD IMRPOVEMENTS $501,247.20 STORM SEWER IMPROVEMENTS $35,000.00 PLUS COSTS OF PERFORMANCE AND STATUTORY (BUT NOT MAINTENANCE BONDS) TO BE INCLUDED IN REIMBURSEMENTS MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED CONTRACT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. TO ESTABLISH AND OPERATE THE OWASSO YOUTH COURT DATE: August 12, 2008 BACKGROUND Youth courts provide alternative methods of prosecution and sentencing for juveniles who have committed certain types of crimes, and are being implemented in increasing numbers throughout metropolitan areas and suburban communities. "Specialty courts" such as this have proven to be more effective than traditional courts in addressing non-violent crimes committed by minors who are first time offenders. Establishing and operating a youth court is time intensive and requires specialized skills and knowledge to recruit and train both youth volunteers and attorney advisors within the community. To ensure that a youth court program is successful within a community and achieves the desired goals, mid-high and high school students must be recruited both prior to the project's inception and thereafter on a regular basis. The need for comprehensive training for these student volunteers is ongoing and the required training must be offered on a regular basis. Youth Services of Tulsa, Inc. ("Youth Services") has successfully implemented youth courts in several jurisdictions within Tulsa County, and is knowledgeable regarding the implementation, training and daily administrative operation of a successful youth court which meets the needs of the youth in a community and produces the desired results. Given that Youth Services has significant knowledge and experience in all facets of organizing and operating a youth court program, the City staff approached Youth Services several months ago to discuss the possible implementation of a youth court in Owasso. As a result of those discussions, Youth Services has submitted a proposed contract for the City Council's consideration to create and manage the Owasso Youth Court. The proposed contract provides that Youth Services will recruit and train student volunteers from the Owasso Mid-High and High Schools, recruit and train local lawyers willing to serve as attorney advisors for the youth court, hire afull-time staff Coordinator to oversee the formation of the Owasso Youth Court, and assume responsibility for the daily operations of the youth court subsequent to its formation. The Owasso Youth Court Coordinator will be present at all times when the youth court is in session. Under the proposed contract, Youth Services will offer a six week comprehensive training course on an as-needed basis to train both student volunteers and attorney advisors. Youth Services would additionally assume all responsibility for the Owasso Youth Court's scheduling, documentation, and administrative operations. In return for these services, the City would pay Youth Services $45,000 for the 2008-2009 fiscal year to establish and oversee the Owasso Youth Court. The contract would terminate one year from the date the contract is executed by Youth Services and the City unless the contract is extended by the City Council. The Owasso Youth Court program will not require additional time or assistance from City staff because all operational tasks will be handled by the Owasso Youth Court Coordinator who will be hired and compensated by Youth Services. The proposed Owasso Youth Court will convene one evening each week and will hear and decide approximately 30-50 cases per month. Only non-violent, non-felony offenses committed by first-time offenders will be eligible to be heard by the youth court, and consent from the City's Municipal Prosecutor will be required before a case can be transferred from the Owasso Municipal Court to the Owasso Youth Court. During court sessions, the prosecutor will present the case against the offender to a three judge panel, and the offender's defense will be presented by the defense attorney. The Owasso Youth Court Coordinator from Youth Services will be present in the courtroom during all sessions to ensure that the court's docket operates efficiently and effectively. Likewise, an attorney advisor will be present in the courtroom to provide explanations, interpretations and clarifications upon request to the youth volunteers regarding the law(s) under which the offender is charged. The sentence imposed upon the offender by the three judge panel differs from a traditional municipal court's sentence in three ways: 1) The offense and sentence are not recorded on the offender's record if the offender completes the Court's sentence 2) The offender may not appeal the Youth Court's sentence to a higher court, and, 3) Numerous sentencing options are available to the three judge panel. The sentencing options available to youth court judges include assignment of community service hours, requiring that a written or verbal sincere apology be made by the offender to the victim and/or the payment of restitution to the victim. In addition, youth court judges may also make non- binding recommendations to the offender's parent or guardian suggesting that a curfew be imposed upon the offender or that the offender be evaluated at a drug or alcohol treatment facility. Participation in the Youth Court program, however, is voluntary and no juvenile offender will be compelled to appear before that Court if they do not wish to do so. Youth who opt not to have their cases heard and decided in the Youth Court will appear before the Owasso Municipal Court as they do now. Youth Services has successfully designed, implemented and managed youth court programs in the Tulsa County District Court and the City of Broken Arrow. Like the majority of jurisdictions across the State of Oklahoma and United States, both programs have achieved the desired results by significantly reducing the number of repeat offenses committed by first-time offenders whose cases are heard in the youth court rather than the traditional municipal court. The youth court program allows each case to be individually examined and is able to address the special needs of each offender. The sentence imposed upon the offender may be particularized to address each offender's individual circumstances and needs thereby significantly reducing the likelihood that the offender will be charged with additional offenses in the future. Successful youth courts across the United States attribute the good results the courts have achieved at least in part to the credibility of the youth volunteers who run the court. Review and sentencing by a court of one's youthful peers has proven to be vastly more effective than by an adult judge in the traditional court system, and an offender whose case is heard by a youth court is much less likely to become a repeat offender. RECOMMENDATION Staff will recommend City approval of the proposed Youth Court Contract and also authorize the City Manager to execute the contract and all other necessary documents. ATTACHMENTS Proposed Youth Court Contract AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City") and Youth Services of Tulsa County, Inc. (hereinafter referred to as "Youth Services") agree as follows: The City has determined there is a need to provide an alternative to prosecution for first time, non-violent and non-felony juvenile offenders who have committed offenses which would be heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many year's experience in this field who can develop and operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to establish, fund and operate a juvenile court intervention program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective on October 1, 2008 and shall expire on September 30, 2009. This Agreement shall not renew automatically and will terminate on September 30, 2009 unless an extension of this Agreement, in writing, is executed by The City of Owasso and Youth Services of Tulsa County, Inc. prior to the termination of the Agreement. The City shall pay Youth Services forty-five thousand dollars ($45,000) as total compensation for implementing and facilitating a Youth Court for one year, including the hiring of a full-time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments commencing on October 1, 2008. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full-time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and 1 shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non-owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Com ensation Insurance Covera e in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the 2 same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the day of , 2008. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Rodney J. Ray City Manager Attest: James M. Walker Executive Director Sherry Bishop City Clerk