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HomeMy WebLinkAbout2009.07.14_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE Special July 14, 2009 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, June 10, 2009. r ___ M. Stevens; bepu~y City Clerk 1. Call to Order Mayor Stephen Cataudella AGENDA 2. Discussion relating to Administrative Items Ms. Bishop Attachment # 2 A. Proposed renewal of the E911 interlocal agreement B. Proposed Ordinance relating to an increase in municipal court fines C. Proposed investment policy 3. Discussion relating to Community Development Items Mr. Rooney Attachment # 3 A. Request for easement closure (1) B. Appeal of denied annexation request, OA 09-O1 Owasso City Council July 14, 2009 Page 2 4. Discussion relating to Public Works Department Items Mr. Rooney Attachment # 4 A. Review bids received for the construction of N. 140th East Avenue Roadway Extension B. Review bids received for the installation of traffic signal improvements C. Proposed amendment to the Flood Damage Prevention Ordinance, as required by the Federal Emergency Management Association 5. Discussion relating to City Manager Items Mr. Ray A. City Manager Report 6. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Cataudella 7. Report from City Councilors 8. Adjournment MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: LARRY WHITE DIRECTOR, SUPPORT SERVICES SUBJECT: FIRST AMENDED E-911 INTERLOCAL AGREEMENT DATE: July 8, 2009 BACKGROUND: In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first "Interlocal Agreement" with Southwestern Bell Telephone and established "Enhanced" 911 Emergency Telephone service. The "Enhanced" 911 service replaced the traditional 911 system, which only rang directly into the Police Department and did not display the name or address of the caller using the system. The upgrade to the 911 system has proved invaluable, as the location of the emergency is displayed in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. The Interlocal Agreement requires that all community governments that participate in the E-911 system must jointly fund the system. Collecting a surcharge on local telephone bills accomplishes this. Owasso collects a 5% surcharge on the base telephone bill of each resident that has telephone service. In 2006, the Regional 911 Board had to be restructured. This resulted from changes in jurisdictions purchasing new 911 equipment and services to become Phase 2 compliant. Phase 2 compliance allowed each jurisdiction the ability to locate wireless calls. Anew Interlocal Agreement dated June 19, 2006, was executed by the participating jurisdictions. REQUESTED ACTION: The Regional 911 Board has recently voted to add the City of Bixby to the list of Members to the Interlocal Agreement in order to better facilitate the delivery of Enhanced 911 services throughout the Tulsa Metropolitan Area. The Board has also voted to change the date for the adoption of a budget resolution from April 1 to March 1 each year in order to facilitate the budgeting process in each jurisdiction. Exhibit A has been updated with the proportional share for each jurisdiction including Bixby. For these reasons the entire Interlocal Agreement has been replaced with the "First Amended Interlocal Agreement". Each jurisdiction needs to approve the First Amended Interlocal Agreement. RECOMMENDATION: Staff intends to recommend City Council approval of the First Amended Interlocal Agreement. ATTACHMENT: 1. First Amended Interlocal Agreement FIRST AMENDED INTE#~1.OCAL AGREEMENT The lnterlocalAgreement creating the Regional9~1p7 Board was approved by the Attorney General on June 79, 2006. The Board has voted to add Bixby as a Member in order to better facilitate the delivery of enhanced 9- 9- ) services throughout Tulsa County and the region. The date for the adoption of a budgef resolution has been changed from April 1 to March 1 m order to ;better facilitate the budgeting process in each jurisdiction. Exhibit A has been updated with the proportional shares for each furisdiction with Bixby included. In all other respects, the First Amended Interlocal Agreement r`s identical to the original. In consideration of mutual promises herein contained, the lnterlacal Agreement creating the Regional 9-1 ~1 Board is hereby amended by striking the entire agreement and substituting the fallowing: THIS AGREEMENT is entered iota by and between the following parties: City of Bixby City of Claremore City of Collinsville City of Glenpool city of Jenks City of Owasso City of Sand Springs City of Sapulpa Town of Skiatook City of Tulsa Rogers County (Members) WHEREAS pursuant to 74 Q.S. X1001 et seq., the Members are authorized to enter into an lnterlacal Agreement far the purpose of jointly cooperating for their mutual advantage, and WHEREAS the Members desire to share in the purchase of 911 related equipment, networking and database services in order to sane money and enhance interoperability in case of a mass emergency, THEREFORE, in consideration of the mutual abligatioris and benefits described herein, the parties hereby enter into this Agreement as follows. IA REGIONAL 97 't BOARD CREATED A. There is hereby created by this Agreement a Board to be known as the Regiana[ J1'[ Board, ~Baardy consisting of duly ~ppainted representatives firom each of the Members. The Board shall have the powers and duties outlined below. Quorum, voting procedures, representation an the Bcard, attendance, minutes of the meeting, officers, terms of office, committees, and all other operational issues shall be specifically regulated in the by-laws of the Board, which must be approved by the Board by a majority vote of the Members. A representative of the Indian Nations Council of Governments (INCOG) shall be a nonvoting member of the Board. B. The Board shall designate the time and place of all meetings, which shall be held no less firequently than quarterly and which shall be conducted in compliance with the Oklahoma Open Meetings Act. il. PURPOSE A. The purpose of the Regional 9'11 Board shall be to caaperate in the efficient administrativn of all 91 1 related duties in the jurisdictions represented by the Members. The Board shall purchase 911 equipment and services in order to receive and to correctly route 91 7 calls to the appropriate jurisdiction. Costs for the purchase and on-going use of that equipment and services shall be shared among the Members in the manner more specifically set out below. B. Each Member, not the Board, will be responsible for the daily operation afi its 911 center, the delivery of 91 1 services, and interacting with vendors regarding equipment ar service problems in its 97 1 center. C. The Members may also share administrative, monitoring, mapping, addressing, database maintenance, training or other functions as the Board recommends from time to time, in a manner more specifically set out in a memorandum of understanding. D. The Board may also share information, advise of legislative policy issues, and share best practices with its Members, jurisdictions that subcontract with Members for 91 1 services, and representatives of other jurisdictions attending Board meetings. 111. PAYMENT OP COSTS A. Each Member shall pay its share of equipment and other agreed-to costs in proportion to the population of each Member as compared to the population of all Members combined. B. A list of the proportionate shares and the costs for each Member for the [nitial Term ~fram the date of approval by the .Attorney General until 2 June 30, 2006} is attached hereto and incorporated herein as Exhibit A. Members shall make monthly payments to the Board of the costs for the Initial Term divided by the number of months remaining in the [nitial Term. In subsequent fiscal year terms, monthly payments of one-twelfth of the annual cost shall be paid to the Board on or before the first date of each month of the term. Payments shall be mailed or delivered to the authorized notice address far the Board. C. The Board will revise its population calculations and cost sharing proportions an.nuaiiy, using population estimates provided by INCaG. Each Member will be notified in writing of the revised percentages and its proposed annual cost in sufficient time to allow funds to be budgeted and appropriated for the upcoming fiscal year by each Member. D. Nothing in this Agreement imposes or implies any duty far any Member to indemnify the Board ar any other Member or to contribute more than its agreed upon proportional share as outlined in this Agreement or in a memorandum of understanding entered into by the Members. Nothing in this Agreement obligates any Member to pay costs in excess of the amounfi set forth on Exhibit A or the amount agreed to prior to the beginning of each fiscal year far which funds have been appropriated by that Member's governing body. A Member shall be obligated to pay casts in excess of the amount set Earth on Exhibit A ar the amount agreed upon prior to the beginning of each fiscal year an[y upon the Member's execution of a written agreement and a sufficient appropriation of funds by the Member's governing body. IV. MEM©RANDA OF UNDERSTANDING The Members may, from time ~o time, agree to share other 911- related duties including, but not limited to contract administration, contract monitoring, mapping, addressing, training or administrative duties. The Board may recommend memoranda of understanding setting forth the additional duties, the proposed proportional cost and terms for cost sharing, however, no Member shall be obligated to participate in or to pay #ar additiona[ duties until it has approved each memorandum of understanding and its governing body has appropriated sufficient funds to pay the additional costs. V. BUDGETING On ar before March 1 ,the Board shall adopt by resolution a proposed budget far the upcoming fiscal year. The budget shall include revised population estimates far the upcoming year, an itemization of annual 3 equipment costs, an itemization of each jurisdiction's proportions[ share of the equipment casts, a detailed explanation for any and all additional casts to be shared during the upcoming fiscal year and the proportions! share of those casts attributable to each jurisdiction. VI. DUTIES OF THE BOARD A. The duties of the Board shall include the fallowing: 1 . Purchase 91 1 equipment and services. 2. Enter into contracts with vendors for the delivery of 91 1 equipment ar services. 3. Monitor contract performance by vendors. 4. Regularly provide information on performance by vendors, equipment and services. 5. Calculate and review cost albcations to assure fair and accurate distribution of costs among Members. 6. Resolve all disputes among Members regarding cost allocations. 7. Facilitate sharing of 91 1 functions among Members. 8. Enter into contracts with nonmember jurisdictions for the sharing of 91 1 network facilities and equipment. 9. Recommend any memoranda of understanding prior to approval by the Members. 10. Review all requests to participate in the Regional 91 1 Board by other jurisdictions and make recommendations to the Members regarding the approval of such requests. 1 1. Adopt by-laws consistent with this Agreement. Adopt policies and procedures as directed by the Members. 7 2. Share 911 information, rrionitor and propose legislative initiatives and share best practices among Members and non-member jurisdictions that attend Board meetings. 13. Perform other tasks consistent with the purpose and intent of this Agreement and any memoranda of understanding enfiered into by the Members. VII. PROPERTY ACQUISIT[ONIHOLDING The parties agree that no real property shall be acquired jointly during the course of this Agreement. Personal property that is acquired during the term of this Agreement and any renewals thereof shall be the property of the Regional 91 1 Boards The Board may awn, maintain, upgrade, se#l, lease, alter or dispose of the personal property at any time by action of the Board, Any property owned by the Board at the time of dissolution of the Board or upon termination of this Agreement shall became the property of the 4 e Members and former Members in undivided shares equal to the proportion of cost paid for the property by each Member and former Member as compared to the total cast paid by all Members and farmer Members. VIII. DURATIONITERMINATION A. This Agreement will become effective from the date of approval or deemed approval by the Attorney General (Effective Date) and will continue until June 30, 2006 (]nitial Term). This Agreement shall be automatically renewed by each Member for one-year periods commencing on Juiy 1 of each year and continuing until June 30 of the following year subject to the following conditions: 1. Renewal of this Agreement far each Member is subject to the Member's annual appropriation of sufficient funds for the Member's fiscal year (July 1 to June 30} to pay the costs allocated to the Member for that fiscal year. In the event that a Member does not appropriate or budget sufficient funds to pay its allocated share of costs for a fiscal year under this Agreement, the Agreement will not be renewed by the Member. 2. A Member must deliver written notice to terminate or not to renew its membership in the Regional 91 1 Board to the Board in an open meeting at least sixty days prior to the end of the fiscal year. Termination of all obligations far the terminating or nonrenewing Member will occur on the last day of the fiscal year in which the notice was received, provided that the provisions of the next paragraph are met. 3. Should a Member elect to terminate or not to renew its membership, the Board, in cooperation with the terminating ar nonrenewing Member and any equipment vendors with which the Board has contracted for the purchase of equipment, will value the cost remaining to be paid for the purchase of equipment. The terminating or nonrenewing Member shall, subject fia appropriation of funds by its governing body, pay its share of that cost to the- Board. Ba Termination of membership in the Regional 91 1 Board will not alter any contractual rights or obligations a Member may have with a vendor. IBC. ADDITION OF MEMBERS/ DISSOLUTION OF BOARD A. New members of the Regional 91 1 Board may be added by a majority vets of the current Members. New members shaft pay their 5 proportional share of costs in an amount to be determined by the Board. Such proportional cast may include an adjustment to compensate existing and former Members far previous casts paid, This Agreement may be amended to add Members as the need arises. B. This Agreement may be terminated and the Regional 91 1 Board may be dissolved by a majority vote of its Members. X. NOTICE A. Any notice to be given under this Agreement will be deemed given on the date of personal delivery or upon the date of mai#ing if mailed by certified mail, return receipt requested, with proper postage thereon, to a Member at the address indicated below the signature of each Member and to the. Board at the following address: REGIONAL 911 BOARD c/o I NCOG 201 W. 5T" SUITE 600 TULSA, OK 74103 B. The authorized notice address for the Board or a Member may be changed by giving written notice to the Board and all Members. XI. AD®ITIONAL TERMS This Agreement may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts; duplicate signature pages shall be sent to #NCOG. 1N000 shall compile the origins#, forward it to the Attorney General`s office far approval and distribute fully executed copies to each Member. APPROVED this day of , 2009. ttitle? {jurisdiction 6 S ATTEST Secretary (seal) Cantavt Person and Address for Natives required under this Agreement ~persan} {address} 7 EXHIBIT A POPULATION & PROPORTIONAL SHARES FOR 2009-2010 Jurisdiction Po elation Estiirnafies Percenfi share Bixby 17,259 2.85 Claremore 17,160 2.53 Coilins~ilie 4,330 0.71 Glen ool 8,960 1.45 .leeks 13,100 2.16 ®wasso 23,770 3.92 Rogers County 49,950 8.23 Sand Sprin s 17,670 2.91 Sapulpa 20,620 3.40 Sapu! a Contractees 3,510 0.55 Skiatook 6,290 1.04 Tulsa 352,460 63.02 Tulsa Contractees 41,760 6.58 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED ORDINANCE AMENDING SECTION 1-108 OF THE OWASSO CODE OF ORDINANCES INCREASING MAXIMUM FINES DATE: July 14, 2009 BACKGROUND: Penalties for infractions of criminal provisions contained within the City of Owasso Code of Ordinances are set forth in Section 1-108, entitled "General Penalty," in Part 1 of the Code, and are subject to statutory maximum amounts which may be imposed by a court not of record (statutorily defined as any municipal court located in a city or town with a population less than 200,000). Currently, Class A offenses are subject to a maximum fine of $500.00, Class B offenses to a maximum fine of $300.00, and Class C offenses to a maximum fine of $200.00. A copy of current Section 1-108 which more fully delineates the types of offenses classified as A, B and C is attached for the City Council's review. The maximum fines for offenses heard by courts not of record were recently increased by the Oklahoma Legislature. Specifically, 47 O.S. § 14-111 (which does not utilize the previous Class A, B and C classification) now provides that all Traffic Offenses are subject to a maximum fine of $200.00, Alcohol and Drug Offenses are subject to a maximum fine of $800.00 and all Other Offenses to a maximum fine of $750.00. Based upon the amendment of 47 O.S. § 14-111, the Owasso Municipal Court and City staff recommend that Section 1-108 of the Owasso Code of Ordinances be likewise amended so that the fines assessed by the court may be increased in amounts commensurate with State law. All reference to Class A, B and C offenses would be removed, and the maximum fine amounts would be classified under the headings of Traffic Offenses, Alcohol and Drug Offenses and Other Offenses as utilized in the corresponding State statute, 47 O.S. § 14-111. A copy of proposed Section 1-108, as amended, is attached for the City Council's review. It should be noted that amendment of Section 1-108 of the Owasso Code of Ordinances to reflect the new maximum fines allowable under State law does not automatically effect an increase in the fines assessed by the City's municipal court. Specifically, Section 6, of the Code of Ordinances establishes that the judge of the Owasso Municipal Court shall designate the appropriate amounts, subject to State law, of fines for each offense. Consequently, if the proposed amendment to Section 1-108 is adopted by the City Council, the judge of Owasso's Municipal Court will formulate a new fine schedule for each type of offense heard by the court. As has traditionally been the case, the judge will consider a number of factors, including the nature and severity of the offense, other penalty and sentencing options available and the maximum fines authorized by State law, in determining the appropriate amount of each fine. RECOMMENDATION: Staff intends to recommend City Council approval of Section 1-108 of the Owasso Code of Ordinances increasing maximum court fines commensurate with State law as set forth above. ATTACHMENTS; Current Section 1-108 of the Owasso Code of Ordinances Proposed Ordinance Containing Amendments to Section 1-108 SECTION 1-108 GENERAL PENALTY A. CLASS "A" VIOLATIONS. Unless after the date hereof a different penalty is provided, any person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Five Hundred Dollars ($500.00) and/or sixty (60) days imprisonment. Such offenses are as follows: 1. Actual Physical Control 2. Assault and Battery upon a Police Officer 3. Driving Under the Influence 4. Driving While Impaired 5. Eluding or Attempting to Elude a Police Officer 6. Resisting a Police Officer/Public Official/Arrest 7. Violation of the provision of Part 8, Health and Sanitation, of the Code 8. Violation of the provisions of Part 5, Building Regulations and Code 9. Violation of the provisions of Part 17, Utilities B. CLASS "B" VIOLATIONS. Unless after the date hereof a different penalty is provided, any person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Three Hundred Dollars ($300.00) and/or sixty (60) days imprisonment. Such offenses are as follows: 1. Possession of Marijuana 2. Possession of Paraphernalia 3. Assault & Battery 4. Damaging Property 5. Prohibited/Obscene Conduct 6. Reckless Conduct 7. Tampering With an Automobile 8. Failure to Yield to an Emergency Vehicle 9. Leaving the Scene of an Accident 10. Reckless Driving 11. Driving Under Suspension, Revocation or Cancellation 12. Speeding more than 25 m.p.h. over the Speed Limit 13. Sale of Alcohol or Beer to a Minor 14. Disorderly House 15. Harmful Deception C. CLASS "C" VIOLATIONS. Unless after the date hereof a different penalty is provided, whenever in this Code of Ordinances an act is prohibited or made or declared to be unlawful or an offense or misdemeanor, or whenever in this Code of Ordinances the doing of any act as required or the failure to do any act is declared to be unlawful, except for the offenses referred to in Section A and B hereof, any person, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs. (Ord. No. 522, 4/2/96) D. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be deemed guilty of an offense and, upon conviction therefore, shall be punished in accordance with the punishment provided for violation of the provision such person aided, abetted or assisted in violating. CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE NO. AN ORDINANCE RELATING TO PART 1, GENERAL PROVISIONS, CHAPTER 1, USE AND CONSTRUCTION OF THE CODE, SECTION 1-108, GENERAL PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCREASING THE MAXIMUM COURT FINES ASSESSED BY THE CITY OF OWASSO MUNICIPAL COURT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part 1, General Provisions, Chapter 1, Use and Construction of the Code, Section 1-108, General Penalty, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION TWO (2): SECTION 1-108 GENERAL PENALTY A>. TRAFFIC OFFENSES: The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00). B. ALCOHOL OR DRUG RELATED OFFENSES: The maximum fine or deferral fee in lieu of a fine for alcohol-related or drug~related offenses shall not exceed Eight Hundred Dollars ($800.00). C. OTHER OFFENSES: For all other offenses, the maximum fine of deferral in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00). D. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be deemed guilty of an offense and, upon conviction therefore; shall be punished in accordance with the punishment provided for violation of the provision such person aided, abetted or assisted in violating. SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date the ordinance was adopted by the City council, as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended and re-codified in Part 1, Chapter 1, Section 1-108, General Penalty. PASSED by the City Council of the City of Owasso, Oklahoma on the day of July, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of July, 20090 Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC GOLF AUTHORITY FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: RESOLUTION ADOPTING AN INVESTMENT POLICY DATE: July 10, 2009 BACKGROUND: Currently there is not a formally adopted written investment policy for the City of Owasso or the Trust Authorities. While Oklahoma law (OS Title 62, Chapter 2, Section 348.1) provides a basic framework for investment direction, a written investment policy is a recommended practice of the Government and Finance Officers Association (GFOA). The investment policy dictates, among other things, what investments maybe entered into and for what purposes. Oklahoma statutes are restrictive and very specific regarding the types of authorized investments and the collateralization methods required for municipalities. This policy will not change the investment practices currently in use by the City. The policy creates a formal record of the procedures and documents the City Council and Authority approval. The primary purpose for the City's investment policy is to ensure that City funds are invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow needs of the city and complying with all state statutes governing the investment of public funds. ADDITIONAL INFORMATION: Attached is a written investment policy for the City of Owasso and its Trust Authorities. The proposed investment policy is based on model investment policies developed by the GFOA and Crawford & Associates with modifications taken from the investment policies of other municipalities. REQUESTED ACTION: Staff is requesting that a resolution adopting the policy be placed on the next agenda for consideration by the City Council and Authority Trustees. ATTACHMENTS: Investment Policy Proposed Resolution The City Without Limits`. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Purpose The purpose of the City of Owasso's Investment Policy is to invest its funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow needs of the city and comply with all state statutes governing the investment of public funds. The Investment Policy shall comply with the Owasso Code of Ordinances, 7-101. The Investment Policy shall comply with Oklahoma State Statute 62-348.1 as it pertains to authorized investments and disposition of income. Policy Statement Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will take advantage of investment interest as a viable and material revenue source for all operating and capital funds. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. It is the policy of the City that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with legal and administrative guide lines and, to the maximum extent possible, at the highest rates obtainable at the time of investment. Scope This Investment Policy applies to all financial assets of the City of Owasso, and its Trust Authorities. These assets are accounted for in the various funds of the City of Owasso and include the general fund, special revenue funds, capital project funds, enterprise funds, internal service funds, trust and agency funds and any new fund established by the Owasso City Council. Prudence Investments shall be made with judgment and care, emphasizing the preservation of capital as well as the income to be derived. Objectives The primary objectives of investment activities, in order of priority, shall be safety, diversification, liquidity and return on investment. The city w;tnout ~~~„~t~~.,- Investment Pdlicy Issuing Office: Finance Department Originally Issued: July 2009 Safety--Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to reduce credit risk and interest rate risk. Diversification--The investments will be diversified by security type and institution in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity--The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. Return on Investment--The investment portfolio shall be designed with the objective of obtaining a rate of return throughout the budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority to Make Investments The City Treasurer or designee shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this Investment Policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the established procedures. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Ethics and Conflict of Interest Any officers or employees of the City of Owasso involved in the investment process shall refrain from personal business activity that could conflict or give the appearance of conflict with the proper execution of the investment program or impair their ability to make impartial decisions and shall at least annually advise the City Manager or City Manager designee of any personal financial interest in any financial institution that conducts business with the City of Owasso. The officers or employees shall refrain from undertaking personal investment transactions with the same individual or broker/dealer with which business is conducted on behalf of the City of Owasso. The City without Limits'". Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Authorized Financial Institutions/Financial Dealers Public deposits of funds shall be made in qualified public depositories authorized to do business in the State of Oklahoma. The City Council shall approve and designate additional authorized depository institutions by resolution. Funds may be invested in certificates of deposit (CDs) in institutions which have been approved by the City Council as a depository banking institution and which meet the following requirements: 1. Sufficient collateral to equal the amount of 100 percent of the City's investments shall be pledged prior to the deposit of the funds and for the terms of the investment, in accordance with this policy; 2. Established record of fiscal health and service, as determined by a rating of "C minus" or above by independent rating agencies (such as Lace Financial Corporation or Sheshunoff Bank Rating Service) or equivalent past dealings with the City Treasurer's office; 3. Collateral agreements must be approved prior to deposit of the funds as provided for in the "Security for Local Public Deposits Act". Authorized and Suitable Investments The City Treasurer is empowered by the City Council to invest in any of the securities authorized in the Oklahoma State Statutes, Title 62, Section 348.1- 348.3. Investments where collateral or funds to be invested has been deposited with a trustee or custodian bank in irrevocable trust may also invest in any or all of the following: a. Obligations of the United States government, its agencies and instrumentalities; Defined as: A debt security issued by a federal agency. Most federal agencies are not backed by the full faith and credit of the U.S, government. GNMA (Government National Mortgage Association) is an example of an agency security backed by the U.S. Government, but FNMA (Fannie MaeJ, FHLB (Federal Home Loan Bank), FHLM (Federal Home Loan Mortgage) and others are not backed. The City will use only agency securities that are backed by U.S. Government or have an AAA rating. b. Collateralized or insured certificates of deposit and other evidences of deposit at banks, savings banks, savings and loan associations and credit unions located in this state, or fully insured certificates of deposit at banks, savings banks, savings and loan associations and credit unions located out of state; The City Without Limits". Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Defined as: CDs are similar to savings accounts in that they are insured and thus virtually risk free; they are "money in the bank" (CDs are insured by the FDIC for banks or by the NCUA for credit unions). They are different from savings accounts in that the CD has a specific, fixed term (often three months, six months, or one to five years), and, usually, a fixed interest rate. It is intended that the CD be held until maturity, at which time the money may be withdrawn together with the accrued interest. In exchange for keeping the money on deposit for the agreed-on term, institutions usually grant higher interest rates than they do on accounts from which money maybe withdrawn on demand. c. Savings accounts or savings certificates of savings and loan associations, banks, and credit unions, to the extent that the accounts or certificates are fully insured by the FDIC; d. County, municipal, or school district direct debt obligation for which an ad valorem tax may be levied or bond and revenue anticipation notes, money judgments against such county municipality or school district ordered by a court of record or bond and revenue anticipation notes issued by a public trust for which the City of Owasso is beneficiary thereof; Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings bank, a savings and loan association or astate-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed ten percent (10%) of the surplus funds of the city or county which may be invested pursuant to this section. Not more than one- half (1/2) of the ten percent (10%) limit shall be invested in any one financial institution specified in this paragraph; Defined as: A certificate of deposit with a minimum face value of $100,000. These are guaranteed by the bank and can usually be sold in a highly liquid secondary market, but they cannot be cashed-in before maturity. Prime bankers' acceptances which are eligible for purchase by the Federal Reserve System and which do not exceed 270 days' maturity. Purchases of prime bankers' acceptances shall not exceed ten percent (10%) of the surplus funds of the City or county which may be invested pursuant to this section. Not more than one-half (1/2) of the ten percent (10%) shall be invested in any one commercial bank pursuant to this paragraph; Defined as: A short-term credit instrument created by a nonfinancial firm and guaranteed by a bank as to payment. Acceptances are traded at discounts from face value in the secondary market on the basis of the credit quality of the guaranteeing banks. These instruments have become a popular investment for money market funds. Also called acceptance. The city Without Limits''. Investment PQ11C~ Issuing Office: Finance Department Originally Issued: July 2009 g. Prime commercial paper which shall not have a maturity that exceeds one hundred eighty (180) days nor represent more than ten percent (10%) of the outstanding paper of an issuing corporation. Purchases of prime commercial paper shall not exceed seven and one- half percent (7%%) of the surplus funds of the city which may be invested pursuant to this section; Defined as: Highly-rated commercial paper that is considered investment grade. Commercial paper is an unsecured promissory note sold by a corporation. It has a fixed maturity of 1 to 270 days and is usually sold at a discount from face value. Repurchase agreements (Repo) that have underlying collateral consisting of those items specified in paragraphs a through e of this subsection; and Defined as: A form of short-term borrowing for dealers in government securities. The dealersells the government securities to investors, usually on an overnight basis, and buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future) it is a repo; for the party on the other end of the transaction, (buying the security and agreeing to sell in the future) it is a reverse repurchase agreement. Repos are classified as amoney-market instrument. They are usually used to raise short- term capital. Money market mutual funds regulated by the Securities and Exchange Commission and which investments consist of those items and those restrictions specified in paragraphs a through f of this subsection. Defined as: Mutual funds that invest solely in money market instruments (short term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repurchase agreements, agency securities, and federal funds). -rne city w~tno~t ~~r,,,ts`~'. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 collateralization The City Treasurer is authorized by statute to invest in certain securities when those securities are collateralized, as evidenced by pledge of joint custody. In all cases of collateralization, the collateral shall be held by a third party custodian with whom the City has a current custodial agreement or be held in the name of parties by the Federal Reserve Bank servicing Oklahoma. The custodian shall issue a custody receipt to the City Treasurer identifying the security and stating that it is pledged to the City of Owasso. The amount of collateral to be pledged for the security of the City's deposits and securities shall be consistent with the provisions of the Oklahoma "Security for Local Public Deposits Act" and additional standards established by the City Treasurer for the purpose of securing public funds and deposits of the City. Collateral Requirements To qualify as depositor, a bank, trust company, savings and loan association, or savings bank must collateralize City deposits, including interest earned and/or accrued (the amount of money on deposit with an institution at any given time) with any combination of securities, Federal Home Loan Bank letters of credit, or corporate surety bonds at the cost to the depository. Required collateralization levels shall be as follows: Surplus cash in demand deposit account 100% Certificate of deposits 100% Repurchase agreement 100% Acceptable instruments for collateralization of cash in demand deposit accounts and certificates of deposit are listed below: (a) Direct obligations of the United States Government, its agencies or instrumentalities to the payment of which the full faith and credit of the U.S. Government is pledged, or obligations to the payment of which the full faith and credit of this state is pledged. (b) Obligations of the Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or federal land bank or banks or federal home loan bank notes or bonds . (c) Obligations of the state or of a county, municipality, or school district of this state pledged or of an instrumentality thereof; (d) General obligation bonds of any other state in the U.S.; and (e) Surety bonds and letters of credit, under certain specified conditions. The City Without Limits . Acceptable collateral for repurchase agreements: Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 (a) United States Treasury Bills, Notes, Bonds or Treasury Certificates; (bj Governmental National Mortgage Association obligations; (c) Federal National Mortgage Association obligations; (d) Federal Home Loan Mortgage Corporation obligations; (e) Federal Farm Credit Bank obligations; (f) Federal Land Bank obligations; (g) Federal Home Loan Bank obligations; provided The City Treasurer shall verify as appropriate and at least quarterly, that the market value of collateral pledged is sufficient to cover the security and any additional deposits at the institution. The City Treasurer shall have discretion to refuse any instrument as appropriate collateral, notwithstanding the tenets of this Investment Policy. Acceptable collateral will be subject to a recognized and readily available market pricing. Safekeeping and Custody All investment securities purchased, including collateral for repurchase agreements, shall be held in safekeeping by a designated third party custodian. The institution shall issue a safekeeping receipt far each security, listing the specific instrument, par value, rate, CUSIP and any other pertinent information. In addition the safekeeping institutions shall send a statement on at least a quarterly basis listing all securities held in each safekeeping account with market values that shall be verified. Deliver vs. Payment All trades will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution simultaneously with the release of funds. Securities will be held by the third- party custodian, as evidenced by safekeeping receipts, held in the City's name. Diversification The City of Owasso will diversify its investments by institution. With the exception of U.S. Treasury securities and authorized pools, no more than fifty percent (50%) of the City's total investment portfolio will be invested in a single financial institution. The City Without Lin,its`~'. Investment Policy Issuing Office: Finance ®epartment Originally Issued: July 2009 Maximum Maturities The City of Owasso will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Owasso will not directly invest in securities maturing more than three years from the date of purchase. Reserve funds may be invested in securities exceeding three years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. Internal Control An independent audit of investments made and held will be performed as part of the annual audit of the City of Owasso at the close of each fiscal year. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City of Owasso and its Trust Authorities investment risk constraints and cash flow needs. Investment PalicyAdoption The Investment Policy shall be adopted by resolution of the City Council and the Trust Authorities. The City Treasurer shall review the Investment Policy on an annual basis and any modifications made thereto must be approved by the City Council and Trust Authorities. CITY OF OWASSO, OKLAHOMA PROPOSED RESOLUTION A RESOLUTION OF THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA ADOPTING AN INVESTMENT POLICY FOR THE CITY OF OWASSO, OKLAHOMA AND AUTHORIZING INVESTMENTS WHEREAS, the Oklahoma Statutes, 62 OS 2000 Supp., Sect., 348.1 provides that the lawful treasurer of any city or town, when authorized by the appropriate governing body by resolution, shall invest any monies in the custody of the treasurer as limited by law, provided further that said monies cannot then be used for the purpose for which they are to be expended; and, WHEREAS, the City Council recognizes the necessity of establishing an investment policy to properly transact its investment activities; and, WHEREAS, the City Council also recognizes the necessity of improving its procedures for investing available funds to earn additional revenue. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to-wit: A. The City of Owasso Investment Policy originally issued July 2009 is hereby adopted and applies to all funds of the City of Owasso. B. The City Treasurer shall be and is hereby given blanket authority and directed to invest and reinvest available funds on a continuing basis; provided that the income received from said investments may be placed in the general fund of the governmental subdivision to be used for general governmental operations, or the fund from which the investment was made. C. The City Treasurer shall keep records of all investments, showing the amount invested from each fund by type of investment and distribution of interest earned by each fund. DATED this day of , 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL, CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REQUEST FOR A PARTIAL EASEMENT CLOSURE DATE: July 8, 2009 BACKGROUND: The City of Owasso has received a request for the partial closure of a utility easement located in the rear yard of 10103E 95 Ct N. A site plan and a general area map are included for your review. PROPERTY CHARACTERISTICS: The legal description of the property is Lot 2, Block 6, Fairways IV at Bailey Ranch. The tract is zoned for RS-3 Single-Family Residential use and is occupied by a 2-story house. The existing land use is residential for the subject property, as is land to the east, south and west. The lot borders E. 96~ Street North to the north. The property is served by municipal water, wastewater, police, fire and EMS service. ANALYSIS: The applicant desires to close 12.5' of the existing 17.5' utility easement in order to construct a swimming pool on the site. All utility companies have been notified and have accepted the modification to the utility easement. The swimming pool, as it is currently planned, would encroach into the existing utility easement, thus the basis for the easement closure request. If the easement closure request is approved, the existing 17.5' utility easement would be modified to a 5' utility easement. The staff finds that this request will have no detrimental impacts to the subject tract, or the surrounding areas. TECHNICAL ADVISORY COMMITTEE: The request for the partial utility easement closure was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 24, 2009. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The only comment provided at the TAC meeting was a request from PSO for more detail about how much easement was needed, and the request was satisfied. BOARD OF ADJUSTMENT HEARING: Corresponding to the easement closure request was a request for a variance to allow a swimming pool to be located within 5' from the rear property line rather than the normally required 10'. On June 23, 2009 the Owasso Board of Adjustment considered the variance request at a public hearing, and voted unanimously to approve the variance. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on July 13, 2009. At that meeting, the Planning Commission is scheduled to vote whether to recommend approval of the easement closure to the City Council for action at the City Council meeting on July 21, 2009. RECOMMENDATION: The staff intends to recommend that the request for the partial utility easement be approved. ATTACHMENTS: 1. Plat of Survey 2. Documents from the June 24 TAC meeting including agenda, location map, previous survey, and TAC meeting notes ~~ I~ W z ```\\~\ //~~~ ~ R 'fir o .Q a~ y q ;O N_o ~~ ~~ ~ RRRCCCiii ~-• E a prey ~ ~~~ C U w app O ~ Co W 3r m aU ~~~ O °Q o w o '~ ~~C ~ ~~~ 0~ e m•onaaaNxl~onanoN O z + ~ ~-r ~ ~ F+ ~~ ~~ ~ w ~ QYOn OONIIY II.Ln ON N tZ 1 :$g ~~ o O~ i~r °Et i u° E a ~`o ~ ~ ~~ ~ ~z , o W y~] E z` ~E s Eg8 O o a~r~ `so ~P~ __ ~ _ m" zaa y ~ O e o f ~ W ~ f1. .Z I c~ '~ E ~ ~ _ - _ rao W O ~._¢o a O ~ O 3 N ^' O c ~ `~ . 0 o ~° c 4 ~ N 4 4 4 0 S I °o'€ ~~ I~ dO' ` Q I I ~ N O O boo ~ ~p ~u ue ~ !~ I~ I °uoirn II II II aria I` i b ~ ~ ~ i d ~ ~~ z a ~ ~ I I I ~ \ ~ l H ~~ _ n to ~~ _ ~ I I ~~ ~B.°~ I I~ ~ I I ~ ~ +w~ WI W W ~ ~ ~ 1 I WI o~ ° N~ 3 I~ m , ~ l o b `~ I U ~~ O ;n ~ ~. 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U \ !~ o _ horn \ ~NZ` ~ ~~ II II II QcKa 1tW \ ~ , e 15 \ I o'€ c ~ 4 y n c e a 4 ~3 s ~ a ~y ~~~Y~V~F~~~ ~ ~¢3 ~~~~p~~~~ .W7 W38~~~~ag~~a~~~''s e E I~~aa'd'~ ~IIIIII m W O W 3 1 ~~{ ~~+~`` qx~~D F } PUBLIC NOTICE OF TAE MEETING OF THE ' OWASSO TECHNICAL ADVISORY COMMITTEE TYPE OF MEETING: DATE: TIl~IE: PLACE: NOTICE FILED BY: TITLE: Regular June 24, 2009 2:00 PM City Hall, Main Conference Room Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:04 PM on June 17, 2009. Larissa Darnaby, City Plann ------- OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, June 24, at 2:00 PM Owasso City Hall, 111 N. Main Street Main Conference Room AGENDA 1. Call to Order 2. Roll Call 3. Partial Easement Closure Request - A request to close a portion of the 17.5' Utility Easement located in the rear yard, on property located at 10103 East 95th Court North, recognized as Lot 2, Block 6, Fairways at $ailey IV Addition. 4. Adjournment E 9ath S ~ (_) _ r -ni R'3-3 ~ N E 98th ST N ~ , ~ ~ ~ a - ~~r w PUD- ~-0 ' Q ~' ° i Q ~ - ~ o E 97th PL N ~ -- '~ 2 - - ---- -- ~ o ~=E g7th CTlyo ~ __ o ., ~ Z o n' '"' .~ ~ nr ew •s ~ 0. ~~ L ~ E 97th ~, ~ E 97th ST N ~~, _ ~ `~• 0 0 e` ~ RS RS-3 RS-:3 `~ OL ~ Q E 97rh ST N ~ a'PJ E 96th PL N ~ o y ~~r ~ ~ o 0 0 REGISTERED LAND SURVEYOR'S INSPECTION PLAT AIJD CERTIFICATE FOR MORTGAGE LOAN PURPO5F C4LLINS LAND SURVEYING, INC, 113 West Dawes Suile 106 BIXBI', OK. 74008 OFFICE (918)386-9121 I;AX (818)368-9373 B L B J, O. NO.: 05-05-052 Customer; Credit Union Title & l;scrow Borrower: Edney, Brian C. Plat No: 5266 / ~ ullding Line OB/L-Out Building Llne D/EADralnage Esmt. SCALE: 1~~= ,3p U/E=Utllily Esml. SW/E=5ldewalk Esml, B/E=Buried Tele. & Elec, Cable Esmt. /1, F/E=Fence Esml. R/W=Right of Wny S/E=Service Enlrenee ~'I+ NORTH z ~~ H `~' W O rn .~ s O w N p W N ~ Z' \ ~1 Q~ ~ ~ 2S A ~_ W 7G F d q q W ~x .o (n N O N ~O ~] .-~ O O O N 7 O C z~a ~~ ~w ~z 3 0 cn z ~ o' ax ~ ~ a~ w 0 a NW ----- 7 n .. H ~ ~~ 'W7 C ~ .. ~ W THIS PLAT IS fdADE FOR AND AT THE REQUEST OF: Credit Union Title h Escrow/CUTEC Mortgage FOR MORTGAGE LOAN PURPOSES ONLY COVERING LEGAL DESCRIPTION AS PROVIDED Lot Two (2), Block Six (6), THE FA~IKWAYS 1V AT BAlLr.Y RANCH, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according fo the recorded Plat thereof. Property Address: .10103 East 95th Court North SURVEYORS STATEMENT COLLINS LAND SURVEYING INC., AN OKLAH01{A CORPORATION, AND TFIE UNDERSIGNED REGISTERED PROFESSIONAL ., NOTES FROM JUNE 24T}~ :TAC MEETING #3 Partial Easement Closure Request Public Works- • No comments Fire Dept- - • No comments PSO/AEP- • Submit a more detailed description of exactly how much easement is needed. ONG- • No comments AT&T • No comments Cox- t • No comments Community Development • No comments MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ANNEXATION 09-01 DATE: July 10, 2009 BACKGROUND: The City of Owasso has received an appeal to the City Council of a Planning Commission decision regarding a request for the annexation of approximately 21 acres, located near the southeast corner of North 145th East Avenue and East 106th Street North. LOCATION: The tract is located near the southeast corner of East 106th Street North and North 145th East Avenue. The subject property wraps around the five-acre tract situated at the hard corner of the intersection. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: North: Single-Family Residential (Lake Valley), with the hard corner of the northeast corner of 145th East Avenue and East 106th Street North being zoned for commercial uses South: Rogers County Residential-Pine Brook Crossing East: Rogers County Agriculture West: Currently undeveloped, but zoned for Multi-Family Residential and Commercial UsesCoffee Creek PRESENT ZONING: AG (Agricultural District) -Rogers County MASTER PLAN DESIGNATION: The planned land use for the property is transitional, which would allow duplex, town homes, multi-family residential, and office zoning designations. 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. 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. 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. PHYSICAL ANALYSIS: The City of Owasso has received a request from Mark Bedair for the annexation of approximately 21 acres, more or less. The sub~ect property is located in the southeast corner of East 106th Street North and North 1451 East Avenue. The property is currently undeveloped. Rural residential development exists to the south and west. The property is currently zoned AG (Agricultural District) in Rogers County, it is surrounded by AG (Agricultural District) A general area map and complete legal description are attached for you review. At this time, it is staff's understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential facilities to the site which would include attached single family dwelling units and multi-family dwelling units. If the property is annexed into the city, the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property will be served sewer by the City of Owasso and water by the Rural Water District #3 of Rogers County. Development of the property would be required to participate in the Elm Creek Interceptor sanitary sewer payback ($1,580 per acre), the TTC Interceptor sanitary sewer payback ($1,000 per acre), and the emergency storm siren fee ($35 per acre). Preliminarily, it appears that the property contains a significant amount of floodplain. During the development process, the staff will ensure compliance with federal, state and local flood development regulations. The Owasso Land Use Master Plan calls for transitional development, such as multi-family residential and/or office uses, to occur in this general area. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the annexation request at their regularly scheduled meeting on March 25, 2009. At that meeting, the committee voted to recommend approval of the annexation request. FIRST PLANNING COMMISSION HEARING: The Owasso Planning Commission originally reviewed the annexation request at their regularly scheduled meeting on April 13, 2009, the item passed with a 4-1 vote. At the Planning Commission hearing, two citizens spoke about the annexation request, voicing concerns about stormwater drainage and lack of notification. The citizens reside within Pine Brook Crossing, asingle-family subdivision located immediately south and downstream of the property that is the subject of the annexation request. Municipal drainage laws would require that the rate of stormwater runoff after development occurs be no greater than the rate of stormwater runoff existing prior to development. Annexation of the property would place any future development under the jurisdiction of the City of Owasso, who would enforce such regulations. After hearing the citizens' concerns about having not received notification of the Planning Commission hearing, the staff reviewed the abstractor's list of addresses for the notification and confirmed that not all of the property owners within 300' of the subject tract were sent notifications of the hearing by mail. Therefore, the staff researched the locations of the properties that had not been notified, and delivered/mailed new notifications to each of those addresses. Additionally, City Council consideration of the annexation request, that would have ordinarily have occurred the week after the Planning Commission, was postponed until May 5, 2009 so that property owners who were not notified of the Planning Commission hearing could be adequately notified of the City Council meeting. FIRST CITY COUNCIL MEETING: The Owasso City Council reviewed the annexation request at their regularly scheduled meeting on May 5, 2009. Citizens addressed the Council regarding issues pertaining to landowner notification and drainage. Among those who spoke were Paula Hamlin, Dutch Harbert, Tommy Rodriguez, Charles Brown, and Paul Pennekamp. After Council discussion regarding the delay in notifying Rogers County landowners of the request for annexation, the City Council approved a motion to refer this item back to the Planning Commission to hear the annexation request again. SECOND PLANNING COMMISSION HEARING: Subsequent to the City Council decision, the Planning Commission heard the item again on June 8, 2009. At the meeting, 13 citizens were present, while nine chose to speak to the Planning Commission about their opposition to the requested annexation. Much of the citizen comment related to concerns about stormwater drainage. Most of the concerns that were raised centered around the feeling that if the subject property is eventually developed, there will be an increased drainage problem resulting from the development, and may cause existing downstream homes to flood. Other stated arguments against the annexation included increased traffic and an opposition to the planned land use designation for the property shown on the Owasso Land Use Master Plan. The master plan designates the property for future transitional use, which would potentially allow for multi-family and office zoning. After hearing the staff report and citizen comments, the Planning Commission considered a motion to recommend approval of the annexation to the City Council. The resulting vote on the motion was 2 in favor and 2 opposed, meaning that the motion was unsuccessful and that the Planning Commission did not recommend approval of the annexation. STAFF FINDINGS: Subsequent to the analysis and review of the annexation request, the staff finds that the reasons supporting the annexation outweigh the arguments opposed to the annexation. The request being considered is the annexation of the 21 acres, not the development of the 21 acres. Each of the three predominant arguments made against the annexation - drainage, traffic, and land use -are concerns related to how the development of the 21 acres would be regulated. However, no specific argument has been made that the City of Owasso cannot serve the property in the event that it is included within the Owasso city limits. In fact, the Owasso Annexation Review Committee unanimously found that the City would be able to serve the property if annexed. Annexation would allow the City of Owasso to address the concerns listed by the citizens. The City's development regulations would require that any development on the property meet municipal standards of construction and infrastructure. Stormwater drainage from the property would be required to be designed and built such that the rate of runoff after development would be no greater than the rate of runoff prior to development. If the property is not annexed, development may still occur on the site, but would not be governed by Owasso's development regulations. Instead, Rogers County would have the jurisdiction to allow development to occur at a standard set by the County. Annexation ensures that developments of municipal quality are built, rather than developments of less quality that can result in costly infrastructure issues and conditions which must be addressed later. Also, the subject property is situated well within the Owasso fenceline. That fenceline was created more than thirty years ago with the understanding that properties within the fenceline would eventually be annexed into the corporate limits of the City. The fenceline has been an effective long-range planning tool for decades, and has enabled Owasso to grow in an orderly and serviceable manner. The annexation of the subject property, as requested by the landowner, would simply be another step in the methodical and deliberate growth of the community. Further, the inclusion of these 21 acres into the City of Owasso would help the City to avoid the development mistakes of the past. In some previous instances, such as the example of the Hale Acres development, the City avoided annexing property prior to development. The development was then constructed outside the regulatory controls of Owasso. Because of this, the City was later compelled to annex the property after it was developed in order to correct a number of infrastructure problems including sanitary sewer, stormwater drainage, pavement, at a cost to Owasso taxpayers that would have been avoided if the development had been constructed within the city limits. RECOMMENDATION: The staff finds that the property is likely to develop. If such development occurs within Owasso's corporate limits, then the improvements will be inspected according to City standards; whereas the development could still take place if the annexation is not approved, but in that case the improvements would only be required to meet the standards of Rogers County. The staff intends to recommend approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: 1. General Area Map 2. Public Notice as displayed in the Owasso Reporter July 9, 2009 3. Minutes of the Owasso Planning Commission meeting on June 8, 2009 4. Photographs submitted by citizens who attended the June 8 Planning Commission meeting ~~ =r_ =. ~, i i ~ .~ ~ / \\ ~ '~ ~~_ \~ 'l /_ ../ y~ /~ ./1 i ~ ._ ~-' - _ _._ ~ i t i i ~ ,/_~- SUBJECT PROPERTY 07/09/09 Legend NOTE: NOT TO SCALE - FLOODPLAIN SHOWN IS APPROXIMATE AND NOT APPROVED BY FEMA North t ~I?S NiAF' IS Ft7A2 INP~C.3FIvIA'I'I~iN ~iIFtPL~SF L:+1'S~~Y rh.NI3 IS NfJT iNT 1V~E~3 "I'C3 ssz~r~:~s~ ~i-r ~~; ~ccu~~~~ linr~~ ~r~~u~; sca~~~. ~~s~ ~F ~x~.s Sv~Ai' ~s tvi-r.-~a-~~ T]E: A ,~fn w'hr s~c~ rata r~r. •~as r_c+a .n..rm w -~-r.~. s.r :-~~- .r~.xmcr r~r. ~z~. !. `..~ ~~-. ,.-s.~i . ~. ~.~.._ _._~ CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 84889 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, July 9, 2009° NOTICE TO THE PUBLIC OF A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA APP LIGATION: OA-09-01 Notice is hereby given that a public meeting will be held by the Owasso City Council at Old Central, 109 N. Birch, at 6:30 P.M. an the 4th day of August, 2009. At that time, consideration will be given to an appeal by the applicant for a petitioned annexation of the following described property: A tract of land located approximately 530' east of North 145th East Avenue on the south side of East 106th Street North, con- taining approximately 21 acres. Alf persons interested in this matter may be present at the meeting and sign in to present 4heir objections to or arguments for the above matter. For more information on the proposed annexation, contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1540. Dated at Owasso, Oklahoma, this 6th day of July, 2009. Marsha Hensley Assistant City Planner ®WASSO PLANNING COIvIMISSION MINU'T'ES OF REGULAR MEETING Monday, June 8, 2009 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle Charles Brown David Vines Dr. Paul Loving MEMBERS ABSENT Dr. Mark Gallery STAFF PRESENT Eric Wiles Larissa Darnaby Chris Garrett Marsha Hensley Steve Albert The agenda for the regular meeting was posted at the north entrance to City Hall on June 2, 2009 at 1:00 PM. 1. CALL TO ORDER -Marilyn Hinkle called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF APRIL 13, 2009 REGULAR MEETING -The Commission reviewed the minutes of April 13, 2009 regular meeting. Charles Brown moved to approve the minutes and Dr. Loving seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle -Yes Dr. Paul Loving -Yes Charles Brown -Yes David Vines -Yes The motion was approved 4-0. 4. Annexation 09-01- Consideration and appropriate action related to a request to annex approximately 21 ,acres of land, on property located near the southeast corner of East 106"' Street North and North 145' East Avenue. Marilyn Hinkle presented the item. Larissa Darnaby reviewed the staff report; described the development process. The planned land use for the property is transitional, which would allow duplex, town homes, multi-family residential, and office developments. Any development proposed for the property would be required to meet the zoning code, the subdivision regulations, and any site engineering standards. The property will be served sewer by City of Owasso and water by the Rural Water District #3. The development of the property would be required to participate in the Elm Creek Interceptor sanitary sewer payback ($1580.00 per acre), the TTC interceptor sanitary sewer payback ($1000.00 per acre), and the emergency storm siren fee ($35.00 per acre). The Annexation Committee reviewed the request at their meeting on March 25, 2009 and unanimously recommended approval. The Planning O~VASSO PLANNING COMMISSION June 8, 2009 Page Noe 2 Commission reviewed the annexation request at their regularly scheduled meeting on April 13, 2009, the item passed with a 4-1 vote. After the Planning Commission meeting, Staff hand delivered to properties that would be identified as being within the 300' radius. The notice stated the time and location of the City Council meeting at which the annexation request would be heard. The Owasso City Council reviewed the annexation request on May 5, 2009. Citizens addressed the Council regarding issues pertaining to landowner notification and drainage. The Councilors decided to start the annexation process again. Anew radius report was received and notices were sent out and notice of the meeting was published in the Owasso Reporter. The applicant was not present. The following are comments/concerns expressed by nearby property owners David Hamlin - 15052 East 106 Street North - He expressed concerns regarding stormwater run off and presented pictures of flooding problems. He feels that it is not in Owasso's best interest to annex this property. Also had questions concerning the property being designated transitional use. He has concerns with the use of the property whether it is within the city limits of Owasso or Roger's County. Dutch Harbet - 10428 North 148 East Avenue -Has stormwater concerns. He understands that this is the annexation request but is worried about the zoning. Opposed to the annexation; also presented photos of area flooding. County Commissioner Mike Helm told Mr. Harbet that there would only be one-acre lot homes on the subject tract. Paula Hamlin - 15052 East 106 Street North -She feels that the applicant should be present in order to address concerns. She has concerns with more traffic and more stormwater run off. Also concerned about transitional zoning, not right for this property. She presented a petition to the Commissioners with approximately 80 signatures (attached). She feels that the city should use the property for a park and regional detention. Ron Mannbeck - 14805 East 104 Street North - He served on the Planning Commission in St. Charles, Missouri. Concerns with stormwater run off. He presented photos of flooding. He feels the city has been building many subdivisions without planning on the stormwater runoff properly. Tommy Rodriquez - 10429 North 148 East Avenue - He has one of the lowest properties in Pinebrook Crossing. If the subject property is developed as multi-family, the drainage will increase the drainage problem and may cause his property to flood. Vernon White - 15102 East 103 Street North - A creek runs through his land and it is not handling what is coming through there now much less, if you add more development. stormwater comes over his street and he is very concerned that emergency vehicles would not be able to make it to his home. Paul Pennekamp - 14814 East 104 Street North - He feels that Mr. Bedair should be OWASSO PLANNING COMMISSION June 8, 2009 Page No. 3 present to answer questions. We are not fighting about annexation but we are against multi-family development. The property should be a detention pond and park area. Dale Albersmeyer - 10124 North 151 East Avenue - He is land locked and has concerns with the water run off. He prefers a park and detention pond on the subject property. He would like to be notified when the next step is taken. Ray Hatfield - 10503 North 152 East Avenue - He is opposed to the annexation. Mr. Eric Wiles explained the steps of the development process. He suggested that if this request is approved, the Commissioners might consider requiring the IMPACT study prior to the PUD being approved. Mr. Wiles also explained the appeal process. Mr. Steve Albert with Public Works Engineering Department, stated that the municipal drainage laws require that the rate of stormwater runoff after development occurs is no greater than the rate of stormwater runoff existing prior to development. Mr. Albert also stated that the city would review all requirements to insure the development will not create a greater flow of stormwater, It is important for this parcel to retain the water it already holds. FEMA will also have to be notified and will review all plans. Charles Brown stated that with the hard corner not being within the city limits we would be creating another unincorporated island. In other words, it would be another pocket for the police and fire personnel not to know what is annexed in the city limits. David Vines explained that he feels the safest thing to do would be to put it in the City of Owasso' s jurisdiction. We should not use the annexation process to control land use. David Vines moved to approve the annexation request with the zoning to remain agriculture, Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle -Yes Dr. Paul Loving - No Charles Brown - No David Vines -Yes The annexation did not pass 2-2. 5. Report on Monthly Building Permit Activity 6. Report on Planning Items Previously Forwarded to City Council. 7. Adjournment -Marilyn Hinkle moved; Charles Brown seconded to adjourn the meeting. OWASSO PLAIe11VII~G COMMISSIOI~1 J~xne 8, 2009 Page I~®. 4 A vote on the motion was recorded as follows: Marilyn Hinkle -Yes Dr. Paul Loving -Yes Charles Brown -Yes David Vines -Yes The motion carried 4-0 and the meeting was adjourned at 7:45 PM. Chairperson Vice Chairperson Date PETITION a TO THE CI`T'Y OF OWASSO, OKLAHOMA - PL~iNNING C0141MISSION 1VIEMBERS, CITY COUNCIL 1VL~Iv1BEI~S, CITY MANAGER Ne, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the bowing drainage and flooding issues of Coffee Creels and surrounding tributaries ixi Tulsa and Rogers County and its impact on he land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et, al levies the annexation request of the tract of land located "approximately 530'east of North 145' East Avenue on tl"ie south side o 'cast 1 a6t'' Street North, containing approximately 21 acres." ---- - -L~cC~ --~- ----- --------------------------- iignature of person circulating --f - - - ~~~~==9 ------------------- ~- ADDRESS ~3AT`E. m ~~ ~~ ~_ ~--1_~~n~ ~~ ~~ ~ s S~w_v--- ~ ~ l -~- ,,_ ~- _ ___-a- ------~~'~-_--~~ -- __y_A_ -~- -.~ Q_~ ~ ~ _ ~ ~-~5~__l~o~~~ ~ ~s ~ --~-~------~,sT - -- ---., ~~~- P PETITION TO THE CITY Ol~ OWASSO, OKLAHO'l~A PLANNIlVG COMMISSION MEMBERS, CITY COUNCIL MEMBERS, CITY MANAGER !Ve, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the ~owirig drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on he land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. al. lenses the annexation request of the tract of land located "approximately 530'east of North 145' East Avenue on the south side of 'cast 105` Street North, containing approximately 21 acres." _1 ~ f'` 3 signature of person circufatin . s petition ADDRESS .. f G~.3~(ir ~ P~ ~' r~~ ~~~ o~~ 5so ---------- - ------- . PETITION TO THE CITY OF OWASSO, OKLAHOMA PLANNING COMMISSION MEMBERS, £IT"Y COUNCIL MEMBERS, CITY MANAGER Vie, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the ,rowing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on ae land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. al. enies the annexation request of the tract of land located "approximately 530'east ofNorth 145' East Avenue on the south side of 'seat 106' Street North, containing approximately 21 acres." ~, -,, _y. _____________________________ signature of person circulating this petition NAME ADDRESS ------------------ ---------------------------------------- jn yy ~ N ~S ~ L ~ V~ -------------------------------------------------------------- _.~ r~ i~-~,~~ ~ I C~-1 ~ ~~ (~~~..~ ~~_ t~` _~_ ~~ _~~.1~ ,. ~ -~ -a PETITION TO THE CITY OF OWASSO, OICLAHf?,~v1A PLANNING COMMISSION MEMBERS,-CITY COUNCIL MEMBERS, CITY MANAGER We, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the growing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on the land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. a denies the annexation request of the tract of land located "approximately 530'east of North 145' East Avenue on the south side c East 105` Street North, containing approximately 21 acres." Signature of person circulating this petition NAME ADDRESS DATE -~1-5~ .~--- ,_ll~- ~ . ,:_: -..fie..-- ~-- ~ ~ --------- --- -------------- ------ PETITION ' TO ~t~ THE CITY OF OW-ASSO, OKLAHOIviA PLANNING COMMISSION MEMBERS, CITY COUNCIL MEMBERS, CITY MANAGER ~, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners afTected by the swing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on ;land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. al. vies the annexation request of the tract of land located s`approximately 530'east of North I45~' East Avenue on the south side of Est 106`x' Street North, containing approximately 21 acres." -~--~'~ =- =-=u-----~--~------------------------ :gnature of person circulating this petition ADDRESS DATE ._._, ---- Q X41 _ ~ ~ ~ ~_~~ ~_ - p ~ c~~7~[~5S ~_ a9_~ ~ ---- ° ~== ---- -------- ----------------- C~ ~~ ~' .5y a9. ~r~ ~ .._®_-_m___ _ I ~~~~~ /U_IS --- -«___ ~ -------------- -- ~la~ ~ ~ ~ ~~_ o_, ~. Zf. a~' ~ ^~ ~^ ~~ .~ ~~z ~ ~_ _ -~~-= ~-~~ PETITION TO THE CITY OF Oj1VASS0, OKLAI~Ol~%fA PLANNING COMMISSION MENTBERS,-CITY COUNCIL, MEMBERS, CITY MANAGER vVe, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the ;rowing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on he land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. al. levies the annexation request of the tract of land located "approximately 530'east of North I45'~ East Avenue on the south side of ?ast 106' Street North, containing approximately 21 acres." G ~ignatuxe of person circulating this petition NAME -- ~ - ---- ~~ ADDRESS --------------------- .~ _ f ~~~~ ~ ~J ~~ S-I_- ~----------------------- r----------- - ------ ~~~ ~ ~~ ____~_c~~ _~.~___r__~~__ _ ~~_________ _~ PETITION TO THE CITY OF OWASSO, OKLAHOMA PLANNING COMMISSION MEMBERS, CITY COUNCIL MEMBERS, CITY MANAGER We, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the grcwing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on the land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et, al. denies the annexation request of the tract of land located "approximately 530'east of North 145`h East Avenue on the south side of East 106' Street North, containing approximately 21 acres." ------------------------------------------- Signature of person circulating this petition NAME ADDRESS DATE .. ,. r, ,~.. ~ ~, r - - -- - - - ~., r __- ~.--__---_.•---1_- .- -~ 1, _~~d ~ 1 d ---~--~-~-~------- ~ -- ~ u ~_ ~ Gu ~}-S So PETITION TO THE CITY OP OWASSO, OKLAHOMA PLANNING COMMISSION MEMBERS, CITY COUNCIL MEMBERS, CITY MANAGER We, the undersigned, residents of the State of Oklahoma and more specifically homeowners and property owners affected by the growing drainage and flooding issues of Coffee Creek and surrounding tributaries in Tulsa and Rogers County and its impact on the land, road, environment as well as safety concerns request the city and its responsible commissions, engineers, officials, et. a] denies the annexation request of the tract of land located "approximately 530'east of North 145 East Avenue on the south side o East 106' Street North, containing approximately 21 acres." ~ Signature of person circulating this petition NAME ADDRESS DATE - - ~?~--------~.~2~_~ ~~_-~~--~--------~_---- ---- ----- ----- - ----. ~!_ ~h iy ,' ES (~~ASS~ I'If~l`4dI~1Il~TG ~O~~I~S~~~ Manday, June 8, 2009 NAME ADDRESS 1. ~ ~ ~ =-~~< .~.:.°i '~~.~ f~ d~ ~~ ,~? ~~+~~~~,,.~ ~ ~~~, ;: ,: ; ,.~ ~~ ~_: ~.: 4. . ~.~..~~~~.~~ ~~~`~ r-ai~~,: m~, a~~ I~{i' ..~ ~--- ~'~~,~, ['ma'y/ h' `~C.~~ c'? ~'t.. ~ i ~/ - ... J I . 5 . ~~ .+/ ~p'~ ~L ~ + ~~ ~{ /~ ~~" .~,... ~ V l ~ J / v 0 I ~ ~ r 4~f~ ~ " i " `~.- G/ t../ si `~,s~} 1~ ~, `~ t n ~ ..~ .~.-~.- °" ~, %~r' /"+ ~ ~ _ 11. C~ r°~!J ~~'-,~L ~'~ ~?..~ i'1/i''~-'°.. r~/~. /~1 r ~ ~ ~. ~ ~ ~ ~' r-'~~-.t'r 12. .,,,...f-;' 1.,~ ~:,c..S ~~2c~,;'~,.,~~...,. G/~ ~°` %~ / s i"~~~.. :L`%[:-s..~~S" 13. ~~ ~- rr ~ /~,/ ~, dG` .~.. 7 '~~,~,Lr-._.A ~ ~~/ j$ ~ f `-''~~/~ fj ~1 ~7f /~y~ J ! ,~ 14. 15. 16. 17. - 18. 19. 20. 21. S ~) ~~~ L~r~..-~Ji'~, MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVEN F. ALBERT, P.E. CITY ENGINEER SUBJECT: NORTH 140th EAST AVENUE ROAD EXTENSION ROADWAY SERVING TULSA TECHNOLOGY CENTER DATE: July 10, 2009 BACKGROUND: The new Tulsa Technology Center (TTC) campus will be located on the east side of US Highway 169 frontage road between E. 106th Street North and E. 116th Street North. The school site is currently under design with construction work scheduled to begin in the summer of 2010 with construction estimated to be completed in time for classes in the fall of 2012. This project will complete the existing gap in the N. 140th East Avenue frontage road between E. 106th Street North and E. 116th Street North (see Attachment A). The new 3-lane arterial roadway will extend 4,000 feet north from E. 106th St. North to the existing segment currently serving QuikTrip, Eggbert's restaurant and future development parcels. PROJECT BIDDING: The project was advertised for bid on June 18, 2009. A mandatory pre-bid meeting was held on July 8, 2009 and the bids will be publically opened on July 17, 2009. The Public Works Department will provide a bid summary via email to the Mayor and City Council the evening of Friday, July 17, 2009 in time for review and possible award of contract at the July 21, 2009 City Council meeting. The project is being bid with two design alternates: a) a 30-year design life with a concrete pavement; and b) a 15-year design life with a bituminous concrete (asphalt) pavement. Public Works Engineering previously estimated construction costs of $2,045,000 including a $200,000 project allowance. Prior to the start of the bid process, the City's design consultant, Grafton Tull Sparks, provided an Engineer's Estimate for the two alternate designs. They estimated the cost of the concrete alternate will be $1,995,000 and the asphalt alternate will be $1,979,000 with each estimate including a $200,000 project allowance. FUNDING SOURCE: Funds for this project are included in the FY 09-10 Capital Improvements Budget. RECOMMENDATION: Assuming the bidding is successful, the Public Works staff intends to recommend Council award the construction of the N. 140th East Avenue Roadway Extension in an amount to be determined by the bid process concluding on July 17, 2009. The recommendation will include a request for Council authorization for the Mayor to execute the contract. ATTACHMENTS: A. Site Map Ex~sT~G Le end ROAD g PROPOSED ROAD > North ~ ~'.~~E~~rd'~' ESN A~~SJ~2A_~'~ .P l~a~ F'I~~ s~~*~,Fc. ~ r~ d~ ~~ ~r~Y~ 1~~La~ E~ ~v~~'~i~k~'~' ~ TsT ~1V'~`' ~~2 ~~~NT~ p ~~N ~.. ~ ~~'~ Y a~F' ~ ~T..4.~~® ~~ ~'~~ A~~ ~T~.~~~e 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 FRONTAGE ROAD EXTENSION (NORTH 140TH EAST AVENUE) OITY OF OWASSO 7/3/08 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIM DOYLE PUBLIC WORKS GENERAL SERVICES SUPERINTENDENT SUBJECT: TRAFFIC SIGNAL ENHANCEMENT PROGRAM CONTRACT AWARD DATE: July 8, 2009 BACKGROUND: Included in the FY 2008-2009 budget, the Capital Improvements Fund allows for the expenditure of $250,000 to complete a traffic signal study, purchase recommended hardware and installation service needed to coordinate the timing of identified signal intersections that are no longer efficient and result in congested traffic delays. On September 16, 2008, City Council approved the FY 2008-2009 Traffic Signal Enhancement Program priority sites. Additionally, on October 7, 2008, City Council approved an engineering services agreement with Traffic Engineering Consultants. The agreement included the study of nineteen signalized intersections (see attachment A} to determine which signals should be part of a coordinated signal system and which should operate in an isolated or stand alone manner. In addition, the analysis consisted of developing specific timing, phasing, and/or coordination for each intersection. In February 2009, Traffic Engineering consultants submitted their engineering report for staff review. The study recommended that eight intersections be part of the coordinated signal system and the remaining eleven intersections operate in an isolated or stand-alone manner. The proposed E. 76th Street North coordinated system will be composed of the four signals at the west frontage road, the southbound US 169 ramps, the northbound US 169 ramps, and the east frontage road. The proposed E. 86th Street North coordinated system will be composed of the four signals at Garnett Road, the southbound US 169 off ramp, the east frontage road, and N. 117th East Avenue The remaining eleven intersections will have an improved timing plan for morning, noon, and afternoon peak time frames. In addition, City staff is proposing the replacement of the incandescent signal and pedestrian heads with LED fixtures if funding is available. Traffic Signal Enhancement Program Contract Award Page 2 of 2 SOLICITATION OF BIDS: A notice to bidders was published in the Owasso Reporter on June 18, 2009 and June 25, 2009 to solicit bids for the traffic signal improvements at various intersections. A request for bids was also mailed on June 18, 2009 to two (2) vendors. The bids will be publically opened on July 179 2009. FUNDING SOURCE: Funding for the implementation of the Traffic Signal Enhancement Program is included in the Capital Improvements Fund. RECOMMENDATION: Upon thorough review of all bids received on July 17, 2009, staff intends to recommend Council award the successful bid to the appropriate vendor at the regular Council Meeting on July 21, 2009. Additionally, staff will provide the Council with results of the bid evaluation process via email prior to the regular July 21, 2009 meeting. ATTACHMENTS: A. Signal Enhancement Sites Location Map 3 L .o ani ~o~ TRAFFIC SIGNAL ENHANCEMENT I _ FY 200-2009 LOCATIONS ______ __v____ -________-_ Intersections included in the traffic signal svste~n stud Street Name and Street Name 1 E 96th Street Garnett Road 2 N 129th E Ave Mid-High School 3 E 86th Street N 145th E Ave 4 E 86th Street 8TH Grade Center 5 E 86th Street N 129th E Ave 6 E 86th Street N 123rd E Ave (east intersection) 7 E 86th Street N 123rd E Ave (west intersection) 8 E 86th Street N 117th E Ave 9 E 86th Street Owasso Expressway (east side) 10 E 86th Street 169 Hwy South Bound Off Ramp 11 E 86th Street Garnett Road 12 E 86th Street Main Street 13 E 86th Street Mingo Road 14 E 76th Street N 129th E Ave 15 E 76th Street Owasso Expressway (east side) 16 E 76th Street 169 Hwy Ramps (east side) 17 E 76th Street 169 Hwy Ramps (west side) 18 E 76th Street Owasso Expressway (west side) 19 E 76th Street Main Street BEM®1~ANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVEN F. ALBERT, P.E. CITY ENGINEER SUBJECT: ADOPTION OF FLOOD DAMAGE PREVENTION ORDINANCE FEMA REQUIREMENT UNDER NATIONAL FLOOD INSURANCE PROGRAM (NFIP) DATE: July 10, 2009 BACKGROUND: Under FEMA regulations, the City of Owasso must adopt floodplain management measures that meet or exceed National Flood Insurance Program (NFIP) requirements. The City currently has a floodplain ordinance included as Chapter 17 in the Zoning Ordinance. This existing floodplain ordinance was adopted when previously required by FEMA and is enclosed as Attachment A. The City is required to adopt new floodplain maps when they become available from FEMA. New Digital Flood Insurance Rate Maps (DFIRM) for Tulsa County will become effective on August 3, 2009 after the City of Owasso passes an ordinance adopting these maps. For this map revision, FEMA is also requiring the city to adopt a new "Flood Damage Prevention Ordinance" to replace the existing "Flood Hazard Regulations". A copy of the proposed ordinance is included as Attachment B. The existing ordinance, Chapter 17 of the Zoning Ordinance, will be replaced in its entirety by the new ordinance. FEMA floodplain regulations evolve and expand over time. They use the map adoption process as their opportunity to mandate that cities participating in the NFIP update their ordinances to reflect their new regulations. The new floodplain ordinance will be longer and more detailed than the present ordinance. However, the basic principles contained within the ordinance are nearly identical to our current practices. Failure to adopt the new ordinance by August 3'~a will result in a suspension of the City of Owasso from the NFIl' program. If suspended, Owasso becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold and existing policies cannot be renewed. Rogers County is in a later stage of completion for their new flood mapping project. A modification to this ordinance will be required within 9 to 18 months to adopt the new DFIRM maps for Rogers County, Until that time, the existing FEMA Flood Study and FIRM maps dated Dec. 19, 1997 will remain in force. This ordinance also adopts these existing maps until the new maps are adopted. FUNDING SOURCE: No funds are required for this proposed action. RECOMMENDATION: Unless Council express concern, staff intends to recommend Council adoption of the amended ``Flood Damage Prevention Ordinance" at the regular Council Meeting of July 21, 2009. ATTACHMENTS: A. Current Chapter 17 of the Zoning Ordinance B. Proposed amendments to the Chapter 17 of the Zoning Ordinance CHAPTER 17 CHAPTER 17 FLOOD HAZARD REGULATIONS 1710 Statutory Authorization, Findings of fact, and Statement of purpose 1720 Definitions 1730 Scope of controls; use and conditions 1740 Areas of special flood hazard defined 1750 Lands to which special flood hazard applies 1755 Basis for establishing the areas of special flood hazard 1760 Floodplain manager action 1765 Flood development permits 1770 Standards for floodways 1775 Standards for areas of shallow flooding 1780 Variance procedures 1785 Exemptions ATTACHI~ZENT A 1790 Enforcement and Penalties SECTION 1710 STATUTORY AUTHORIZATION, FINDINGS OF FACTS AND STATEMENT OF PURPOSE STATUTORY AUTHORIZATION - The Legislature of the State of Oklahoma has in (statutes) 82 O.S. §§16011618, as amended, Chapter 23 delegated the responsibility of Local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Owasso, Oklahoma, does ordain as follows: FINDINGS OF FACT - 1) The flood hazard areas of the City of Owasso, Oklahoma are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. STATEMENT OF PURPOSE - It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: Protect human life and health; httb://www.citvofowasso.com/community development/7,C~ C'NAPTF,R17_htm 7/1 fl/~fl(19 CHAPTER 17 Page 2 of 6 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. SECTION 1720 DEFINITIONS For the purpose of this chapter the following terms shall have the meanings respectively ascribes to them in this section: 1. "Area of special flood hazard" means that land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year; 2. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; 3. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 4. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source; 5. "Flood boundary and floodway map (FBFM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the areas within the boundaries of special flood hazards have been designated; 6. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor"; 7. "Mean sea level" means the average height of the sea for all states of the tide; 8. "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be user with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers; 9. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home; and 10. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 304, 6/2/81) SECTION 1730 SCOPE OF CONTROLS; iTSE AND CONDITIONS This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. Uses normally permitted in applicable zoning districts shall be permitted providing the following provisions have been met: 1. All new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall: a. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or httn•//www citvnfnw~ac.cn r.nm/cnmmunity r1PVPlnnment/7(" ("NAPTFt21 °~ htm ~n ni~nnc~ CHAPTER 17 Page 3 of 6 lateral movement of the structure; ba Be constructed with materials and utility equipment resistant to flood damage; and c. Be constructed by methods and practices that minimize flood damage; 2. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 3. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 4. All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; 5. All new construction and substantial improvements of residential structures shall have the lowest floor elevated to or above the base flood level calculated on the basis of one hundred percent (100%) upstream urbanization or development; 6. All new construction and substantial improvements ofnon-residential structures shall have the lowest floor flood-proofed or elevated to or above the base flood level calculated on the basis of one hundred percent (100%) upstream urbanization or development; 7. Any altered or relocated water course shall maintain its original flood carrying capacity; 8. No man-made change to improved or unimproved property, including filling, grading, paving, or excavating shall be commenced until a building permit or zoning clearance permit has been obtained for each change; and 9. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and ground ties to anchors. Specific requirements shall be: a. Over-the-top ties at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one additional tie per side; b. Frame ties at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side. c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and d. Any additions to the mobile home be similarly anchored. e. For new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, require: (1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect or land surveyor shall submit a certification to the building inspector or zoning officer that the standards of this paragraph complies with this section; (2) Adequate surface drainage and access for a hauler are provided; and (3) In the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten (10) feet apart, and (3) reinforcement is provided for pilings more than six (6) feet above the ground level. (Ord. No, 304, 6/2/81) http://www.cityofowasso.com/community develonment/ZC CHAPTERi 7_htm 7/1 (1/x(1(19 CHAPTER 17 Page 4 of 6 SECTION 1740 AREAS OF SPECIAL FLOOD HAZARD DEFINED A. The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or zoning clearance permits for property within the areas of special flood hazard in the city. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated September 22, 1999, with accompanying flood insurance rate maps and flood hazard boundary floodway maps, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the city. B. It is the responsibility of the city manager, through the floodplain manager, to determine, on request for a building permit or zoning clearance permit, if a particular tract of land is in part or in whole within the areas of special flood hazard as shown on the flood hazard boundary and floodway maps. SECTION 1750 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or occupancy permits for property within the areas of special flood hazard in the city. SECTION 1755 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas," dated April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the City. SECTION 1760 FLOODPLAIN MANAGER ACTION The building inspector or zoning officer shall act upon all such applications on which he is authorized to act under these regulations within thirty (30) days, after these are filed in compliance with the provisions hereof. He shall either issue a building permit or zoning clearance permit within the thirty (30) day period or he shall notify the applicant, in writing, of his refusal of such a permit and set forth the reason therefore. Failure to notify the applicant in case of such refusal within thirty (30) days shall entitle the applicant to the building permit or zoning clearance permit, unless the applicant consents to an extension time. Under such rules as maybe adopted by the board of adjustment, the building inspector or zoning officer may issue a temporary building permit or zoning clearance permit. He shall also: 1. Review all permits to determine whether proposed building sites will be reasonably safe from flooding; 2. Maintain a record of all lowest habitable floor elevations submitted to him; 3. In the absence of other Federal Emergency Management Agency base flood elevation data, consider other available data basis for determining lowest permitted floors; 4. Notify adjacent communities of all proposed water course alterations; 5, Require that all other state and federal permits are obtained; and 6. Review all applications and determine their conformance with the subdivision regulations of the city as applicable. http://www.cityofowasso.com/community development/ZC CHAPTER17.htm 7/1 ~/2~~9 CHAPTER 17 Page 5 of 6 SECTION 1765 FLOOD DEVELOPMENT PERMITS A request for the processing and issuance of a flood development permit pertaining to property situated within the boundary of the defined areas of special flood hazard shall be accompanied by such plans as may be necessary, including, at the discretion of the floodplain manager, plans in duplicate, drawn to scale in black line or blueprint, showing: 1. The actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; 2. The exact location, size and height of any building or structure to be constructed or altered; 3. The existing and intended use of each building or structure or part thereof; 4. The number of families, dwellings, or housekeeping units the building is designed to accommodate; 5. When no buildings are involved, the location of the present use and proposed use to be made on the lot; 6. When the property lies within the area of special flood hazard, the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures; and 7. Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of these regulations. One copy of any such plan or plans shall be returned to the owner when such plans have been approved by the floodplain manager, together with such flood development permit as may be granted. All dimensions shown on these plans relating to the location of the buildings thereon shall be staked out on the ground before construction is started. Whenever a lot is not provided and is not proposed to be provided with public sewers, the application for flood development permit shall be accompanied by a certificate of approval by the county health officer of the proposed method of water supply or disposal of sanitary wastes. SECTION 1770 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 12-404 of this code are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; 2. If paragraph 1 hereof is satisfied, all nr construction and substantial improvements shall comply with all applicable flood hazard reduction provisions in Section 12403 of this code; and 3. Prohibit placement of any mobile homes, except in an existing mobile home park or subdivision. SECTION 1775 STANDARDS FOR AREAS OF SHALLOW FLOODING Located within the areas of special flood hazard established in Section 12-404 of this code are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to above the depth number specified on the flood boundary and floodway map; 2. All new construction and substantial improvements on non-residential structures shall: a. Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the flood boundary map; and b. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability ofresisting hydrostatic and hydrodynamic loads and effects of buoyancy; and http://www.cityofowasso.com/community development%ZC CHAPTER17.htm 7/10/2009 CHAPTER 17 Page 6 of 6 3. A registered professional engineer or architect shall submit a certification to the building inspector or zoning officer that the standards of this section and Sections 12-405 through 12-407 of this code are satisfied. SECTION 1780 VARIANCE PROCEDURES The board of adjustment as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter in accordance with the provisions of the zoning code of the city. SECTION 1785 EXEMPTIONS Provisions of this chapter shall not be applicable to: 1. Any building permit, zoning clearance permit, zoning special exception approval, zoning variance approval, site plan approval, license, permit, or other approval granted prior to the initiation of the development controls hereby enacted; however, nothing herein contained shall limit the city's right to revoke any building permit, certificate of occupancy, license or other approval previously issued when such revocation is in the best interest of the health, safety and welfare of the community; 2. Agricultural activities, except for new construction of structures or substantial improvements to structures; 3. Home gardening; and 4. Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where is would be impossible to obtain prior building permit or zoning clearance permit. However, such repairs shall not be considered as being exempt from the provisions of this chapter and they shall be conclusively deemed temporary and non-permanent unless subsequently authorized by an appropriate building permit or zoning clearance permit approval. SECTION 1790 ENFORCEMENT AND PENALTIES A. Any building permit or zoning clearance permit may be revoked or suspended by the city council after a public hearing. Ten (10) calendar days advance written notice shall be given to the grantee specifying the grounds for such contemplated revocation or suspension and advising the grantee of the date, place and time of the hearing before the city council; the permits maybe revoked or suspended upon occurrence of any one of the following events: 1. Violation of any condition of the approval; 2. Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the work authorized by building permit or zoning clearance permit approval; or 3. Existence of any condition or the doing of any act constituting or creating a nuisance, hazard, or endangering human life or the property of others. B. Any person, firm or corporation or other legal entity violating the requirements of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished as provided in Section 1-108 of this code. C. In addition to any fine, the city may institute appropriate actions or proceeding at law or equity for the enforcement of the provisions of this chapter, or to correct the violations thereof. If applicable and appropriate, the city may institute appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the grantee's performance as authorized by the special exception approval. http://www.cityofowasso.com/community development/ZC CHAPTER17.htm 7/10/2009 A`I`"I`~CIIldI~l~TT B CITY OF OWASSO, OKLAHOMA FLOOD DAMAGE PREVENTION ORDINANCE EFFECTIVE August 3, 2009 ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Oklahoma has in 82 O.S. §§ 1601-1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the City of Owasso, Oklahoma, ordains the following, to be effective on and after August 3, 2009: SECTION B. FINDINGS OF FACT 1. The flood hazard areas of the Owasso are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 2 ARTICLE II DEFINITION Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory structure" - means a structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of accessory structures include but are not limited to garages and storage sheds. "Area of special flood hazard" - is the land in the floodplain within the City of Owasso subject to a one percent or greater chance of flooding in any given year. "Base flood" -means the flood having a one percent chance of being equaled or exceeded in any given year. "Base flood elevation" -means the elevation in feet above mean sea level of the base flood or 1 % chance flood. "Basement" -means any area of the building having its floor sub-grade (below ground level) on all sides. "BFE" -means the base flood elevation. "Board" -means the Oklahoma Water Resources Board "CFR" -means Code of Federal Regulations "Critical feature" -means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. "Development" -means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Development Permit" - means a permit issued by the City of Owasso Floodplain Administrator which authorizes development in a special flood hazard area in accordance with this ordinance. "Elevated building" -means anon-basement building built, in the case of a building in Zones AE, A, and X, to have the top of the elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of Zones AE, A, and X, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. "Existing construction" -means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." "Existing manufactured home park or subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City of Owasso. "Expansion to an existing manufactured home park or subdivision"- means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FEMA" means the Federal Emergency Management Agency. "FIRM" means Flood Insurance Rate Map. "Flood" or "flooding" - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, or 2. The unusual and rapid accumulation or runoff of surface waters from any source "Flood Insurance Rate Map" -means an official map of the City of Owasso on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Owasso. "Flood insurance study" - is the official report provided by FEMA for the City of Owasso which contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area and mean velocity. "Floodplain Administrator" - means a person accredited by the OWRB and designated by the Rn~rrl ~f Tr..°teesCity Council of the City of Owasso to administer and implement laws, ordinances and regulations relating to the management of floodplains. "Floodplain or flood-prone area" -means any land area susceptible to being inundated by water from any source (see definition of flood). "Floodplain management" -means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" -means zoning codes and ordinances, subdivision regulations, building codes, health regulations, special purpose regulations and ordinances (such as floodplain, grading and erosion control regulations and ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. °°Foood protection system" -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within the City of Owasso subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. "Fooodway" -means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. A floodway is located within areas of special flood hazard established in Article III, Section B. A floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles. "Functionally dependent use" - means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" -means any structure that is Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. "Levee" - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. "Levee system" - means a flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 5 "Lowest floor" e means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of Title 44 CFR. "Manufactured home" - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" -means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAND) of 1988 or other datum, to which base flood elevations shown on the City of Owasso's Flood Insurance Rate Map are referenced. "New construction" -means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City of Owasso R^°r^' ^f Tr..°~eesCity Council and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City of Owasso's Rn~rrl ^f Tn i~+oo~City Council. "OWRB" -means the Oklahoma Water Resources Board. "Recreational vehicle" - means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" - means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" -means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions, or 2. Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure." "Variance" - is a grant of relief by the City of Owasso Q^,r,~ of Tr„~+ee~City Council to a person from the terms of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of Title 44 CFR.) "Violation" -means the failure of a structure or other development to be fully compliant with this City of Owasso flood damage prevention ordinance. "Water surface elevation" -means the height, in relation to the North American Vertical Datum (NAND) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE III GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This flood damage prevention ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Owasso, Oklahoma. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA for the portion of the City of Owasso located within Tulsa County identified in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated August 3, 2009, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on August 3, 2009. The portion -of the City of Owasso-4 located within Rogers County,- will be regulated using the FEMA mapping entitled "Rogers County, Oklahoma and Unincorporated Areas" dated December 19, 1997 are hereby adopted by reference and declared to be a part of this ordinance.- SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this floodplain management ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Owasso or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE IV ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The R^~r^' ^f Tri ,~+oo~City Council of the City of Owasso designates the Public Works Directors or his or her designee, as Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of National Flood Insurance Program regulations in Title 44 CFR pertaining to floodplain management. SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: Become accredited by the OWRB in accordance with Title 82 O.S. §§ 1601-1618, as amended. 2. Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding. 3. Review, approve or deny all applications for Development Permits required by this ordinance. 4. Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval are required. 5. Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). 6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When base flood elevation data contemplated by Article III, Section B has not been provided by FEMA, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from any Federal, State or other source, in order to administer the provisions of Article V. 9. When a floodvi;ay has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE as delineated on the Tulsa County FIRM or Rogers County FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will 10 not increase the water surface elevation of the base flood more than one foot at any point within the City of ®wasso. 10. After a disaster or other type of damage occurrence to structures in the City of Owasso, determine if the residential and non-residential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement. 11. Maintain a re/'cord of all actions involving an appeal from a decision of the e# TnT-a~i~zaCltV COUnCII. 12. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. SECTION C. PERMIT PROCEDURES 1. An Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and 2. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. 2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 11 The necessity to the facility of a waterfront location, where applicable; The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The relationship of the proposed use to the comprehensive plan for that area. 3. The Floodplain Administrator or ~oard~:teesCity Council, as applicable, may approve certain development in Zones A or AE delineated on the Tulsa County FIRM or Rogers County FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the applicant for the Development Permit in that case first complies with 44 CFR Section 65.12. SECTION D. VARIANCES General provisions. a. The R^~rrl of Trno+oo~City Council of the City of Owasso may grant variances for uses which do not satisfy the requirements of the Oklahoma Floodplain Management Act or this ordinance, if the applicant for the variance presents adequate proof that (i) compliance with this ordinance will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and (ii) satisfies the pertinent provisions of this Section D. Provided, however, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards. b. Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the state. c. In no case shall variances be effective for a period longer than twenty (20) years. d. Any person seeking a variance shall file a petition with the Qocar.~l~a~t°~e~sCl~t i~ Council, accompanied by a filing fee of Twenty-five Dollars ($25.00). e. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) and provisions of Section D of this Article IV have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. f. Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the ~h^;rrv,^r, ^f Mayor as authorized by the ~ea~-ef Tr~-~ +~e~City Council which states that (i) the cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation, and (ii) such construction below the base flood level increases risks to life and property. 12 g. At such time as the Q^~ri-1 ^f Tr. ,°+°°°City Council deems the petition ready for notification to the public, the na^r^'~-^~ua~~City Council shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in either Tulsa County or Rogers Countyo where appropriate, at least thirty (30) days prior to the hearing. h. The R^°~~d-~f ~°teesCity Council shall conduct the hearing and make determinations in accordance with the applicable provisions of this Section D. The heard--ef Tr~~+~City Council shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted. Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, regulations or ordinances; and (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. j. Upon consideration of the factors stated in this Section D and the intent of this ordinance, the [z^°r,~ of Tri is+°°°City Council may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in Article I, Section C of this ordinance. k. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the ~ea~-ef Tri iTra~rc~+°°v~City Council shall be sent by the Floodplain Administrator to the OWRB and FEMA within fifteen (15) days after issuance of the variance. 2. Special provisions. a. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. b. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. c. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 13 d. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) The criteria of Section D(1)(e); Section D(1)(i); Section D(2)(b); and Section D(2)(c) of this Article IV are met, and (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 14 ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevations have been provided or are otherwise determined as set forth in Article III Section B, Article IV Section B(8), or Article V Section C(1), the following provisions are required: 1. Residential Construction -new construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied. 2. Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood elevation. A 15 registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied. 3. Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least thirty-six (36) inches above grade or at least at or above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to Oklahoma state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. (b) Require that manufactured homes that are placed or substantially improved within Zone AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the bottom of the I-beam for the manufactured home is elevated at least one feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone AE that are not subject to the provisions of paragraph (4) of this section be elevated so that the bottom of the I-beam of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. A licensed installer shall install the home 16 in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. 5. Recreational Vehicles -Require that recreational vehicles placed on sites within Zones A and AE either: (a) Be on the site for fewer than 180 consecutive days, (b) Be fully licensed and ready for highway use, or (c) Meet the permit requirements of Article IV, Section C, and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Accessory Structure -Accessory structures to be placed on sites within Zones A and AE shall comply with the following: (a) The structure shall be unfinished on the interior; (b) The structure shall be used only for parking and limited storage; (c) The structure shall not be used for human habitation. Prohibited activities or uses include but are not limited to working, sleeping, living, cooking, or restroom use; (d) Service facilities such as electrical and heating equipment must be elevated to or above the BFE; (e) The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (f) The structure shall be designed to have low flood damage potential and constructed with flood resistance materials; (g) The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement; (h) Floodway requirements must be met in the construction of the structure; (i) Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and Q) The structure shall be located so as not to cause damage to adjacent and nearby structures. SECTION C. STANDARDS FOR SUBDIVISIONS 17 The applicant for a Development Permit for any subdivision located in Zones A and AE which is 51 or more lots or greater than 5 acres shall generate the base flood elevation data for that subdivision. 2. All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 3. All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. FLOODWAYS The following provisions shall apply to floodways: Encroachments, including but not limited to fill, new construction, substantial improvements and other development are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City of Owasso during the occurrence of the base flood discharge. 2. If Article V, Section D.1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V. 3. The City of Owasso may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the Development Permit complies with all of 44 CFR Section 65.12. SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 18 ARTICLE VI PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this ordinance is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than one year or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the d-e# Tri-r,-~tee~City Council of the City of Owasso or its City Attorney from taking such other lawful action as is necessary to prevent or remedy any violation. CERTIFICATION It is hereby found and declared by the'^~riJ nF Tri is+oo~City Council of the City of Owasso that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. This ordinance goes into effect on August 3, 2009, and on and after that date supersedes any previous floodplain management regulations or ordinance(s) applicable to the City of Owasso. ADOPTED BY THE ;oo^AR9~T,°."~;=CITY COUNCIL OF THE CITY OF OWASSO THIS DAY OF .2009. QnoQn n~ -~i ic~oCITY COUNCIL OF City of Owasso C#a-ir~r~Mayor 19 the undersigned ~ewr-City Glerk of the City of Owasso, hereby certify that the above is a true and correct copy of a flood damage prevention ordinance duly adopted by the Q^°r,a ^f Tr, ,~+oo~City Council of the City of Owasso at a regular meeting of said R^°r^' ^f Tr„~tee:City Council duly convened and held on 2009. I further certify that the Oklahoma Open Meeting Act was complied with in all respects for such meeting. -City Clerk, City of Owasso (SEAL} 20