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HomeMy WebLinkAbout2010.07.13_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special RECEIVED DATE: July 13, 2010 JUL 0 '� 2010 TIME: 6:00 p.m. PLACE: Old Central BuildingY Clerks 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, July 9, 2010. lAft Sherry Bis , City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Presentation provided by the Assistant City Manager for Administrative Services for the purpose of reviewing various City policies, procedures, and funds. Ms. Bishop 3. Discussion relating to Administrative Items Ms. Bishop A. Proposed Ordinance Changes — Water, Sewer, and Stormwater Rate Increases 4. Discussion relating to Operational Items Mr. Lehr Attachment # 4 A. USSA Contract Renewal B. Proposed Donation — Area Prevention Resource Center C. Easement Closure — Tulsa Technology Center D. Final Plat — Carrington Point E. Proposed Resolution — Intent to Apply for INCOG Grant (76th Street) F. Proposed Contract — ONG Relocation Relating to 86th Street Project G. Progress Report on Previous Consent Order 5. Discussion relating to City Manager Items Mr. Ray A. Street Repair Priority List B. Proposed Ordinance Changes — Parks and Council Procedure C. Appointments to Boards and Commissions D. Proposed Fee Increases — Utility, Community Development, and Public Works E. City Manager Report 1. Historic Filling Station Update & Proposed CNG Grant Contract Approval 2. Sales Tax Report Owasso City Council July 13, 2010 Page 2 6. Legislative Update Mr. Yancey 7. Report from City Councilors 8. 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 Bonebrake 9. Adjournment MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ASSISTANT CITY MANAGER SUBJECT: WATER, WASTEWATER & STORMWATER RATE ADJUSTMENT DATE: July 9, 2010 BACKGROUND: The FY 2010 -2011 Adopted Budget includes an estimated increase in revenues gained as a result of proposed water, wastewater, and stormwater rate increases. These increases were included as a precautionary measure to help avoid large rate increases associated with failing to increase rates over longer periods of time and to mitigate any notice of rate increase received from the City of Tulsa ( Owasso's water supplier). Additionally, revenues gained from water, wastewater, and stormwater rate increases facilitate the City's compliance with more stringent Federal requirements and provide funding for the Capital Improvements necessary to ensure Owasso's water distribution and management system is up -to -date and capable of managing a quickly growing population. The estimated net results of these rate increases will be to pay the City of Tulsa approximately $145,000 in increased water costs, and for Owasso to receive an additional $155,000 in utility - generated revenue from water, wastewater, and drainage fees. The current and proposed fee structure for utility services is presented below. SERVICE WATER Minimum 1,000 gallons Each additional 1,000 gallons WASTEWATER Minimum Each additional 1,000 gallons STORMWATER Residential REGULAR RATE RURAL RATE* Current Proposed Current Proposed 10.54 10.66 12.65 12.79 3.97 4.09 4.77 4.91 6.83 6.97 6.83 6.97 2.50 2.55 2.50 2.55 2.50 3.00 N/A N/A * Note: Water rates for rural customers have been established by OPWA Resolution to be 20% greater than in -city rates. The proposed rate increase to rural customers would be $.13 per first 1000 gallons and $.12 per 1000 gallons thereafter. The impact of the proposed rate increases on an average water customer would be approximately $2.99 per month, or about $35.88 annually. The Owasso Public Works Authority establishes utility rates by resolution and those rates are adopted by an ordinance approved by the City Council. RECOMMENDATION: Staff intends to recommend Trustee approval of an OPWA Resolution adjusting water and wastewater rates and City Council approval of Ordinances adopting rate increases for water, wastewater, and stormwater. ATTACHMENT: A. Proposed Rate Increases — Effect on Monthly Bill Proposed Rate Changes - Effect on Monthly Bill Low Average Moderate - Summer High Summer Usage Usage High Usage Usage Usage Usage 54.15 78.88 107.88 Rate Change Comparison 147.14 211.19 $250 Water 3,000 gallons 7,000 gallons 12,000 gallons 20,000 gallons 35,000 gallons Sewer 2,000 gallons 5,000 gallons 8,000 gallons 10,000 gallons 10,000 gallons Current Rate Billing $140.00 $147.14 $150 Water 18.48 34.36 54.21 85.97 145.52 Sewer 11,83 19.33 26.83 31,83 31.83 Refuse 13.70 13.70 13.70 13.70 13,70 Ambulance 6.00 6.00 6.00 6.00 6.00 Stormwater 2.50 2.50 2.50 2.50 2.50 Total 52.51 75.89 103.24 140.00 199.55 Proposed Rate Billing Water 19.38 36.46 57.81 91.97 156.02 Sewer 12.07 19.72 27.37 32.47 32.47 Refuse 13.70 13.70 13.70 13.70 13.70 Ambulance 6.00 6.00 6.00 6.00 6.00 Stormwater 3.00 3.00 3.00 3.00 3.00 Total 54.15 78.88 107.88 Rate Change Comparison 147.14 211.19 $250 $211.19 $19955 $200 $140.00 $147.14 $150 $107.88 $10324 $100 - $75.89 $78 .88 $5251 $54,15 $50 - 3,000 gals. water 7,000 gals. water 12000 gals. water 20,000 gals. water 35,000 gals. water Low Usage Avg Usage: Moderate -High Usage: Summer Usage: High SunmerUsage: Total morthly bit forcity single -family residerttd aastomers rCurrent Rate Proposed Rate MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SCOTT CHAMBLESS DEPUTY CHIEF OF POLICE SUBJECT: U.S. SHOOTING ACADEMY CONTRACT DATE: July 9, 2010 BACKGROUND: In July of 2008, the City Council approved a request by the Police Department to contract with the U.S. Shooting Academy (USSA) for the purpose of firearms training. The original contract approved by the City Council authorizes the City Manager to execute the contract with USSA for Fiscal Year 2009 through Fiscal Year 2013 dependant upon adequate budget appropriations for each of those budget years. The recently approved FY 2011 budget contains the appropriations for this contract. Over the past two years, the police department has been utilizing the USSA facilities for officer practice days, sniper training, SWAT training, and semi - annual firearms qualifications. The USSA facilities have proven to be an excellent choice. The USSA has been very customer oriented and willing to work with department staff on various issues. In May 2010, the staff began negotiations with USSA in an effort to reduce expenditures to the department. The result was a reduction in fees of $7,891 as compared to FY 2010. The proposed contract for FY 2011 is $34,500. The proposed contract provides the police department the following access to the USSA range: • 12 days a year to the enclosed "shoot house" • 50 days per year to the 100 meter carbine range • 12 days per year to the 300 meter rifle range • 50 days per year to the PPC turning target range • 8 training slots for advanced firearms training offered by USSA REQUEST: Staff intends to request that the City Manager execute the contract with USSA for FY 2011. MEMORANDUM TO: THE HONORBALE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT: DONATION OF FUNDS DATE: July 9, 2010 BACKGROUND: On July 7, 2010, Carol Daniels with the Area Prevention Resource Center approached City staff regarding the Center's desire to make a donation to the Police Department to support the Department's law enforcement efforts. The Area Prevention Resource Center partners with many organizations, including police departments, in order to help them stop underage drinking. For the past three years the Police Department has consistently dealt with the problem of businesses selling alcohol to minors. When the initiative began, the compliance rate for Owasso businesses was only 35 %. As a result of consistent enforcement by the Department, the compliance rate has increased to 92 %. The objective, as stated in the Department's strategic plan, is to achieve and maintain a 100% compliance rate. Although the Area Prevention Resource Center did not stipulate how the donation is to be used, staff believes that the funding would be best utilized to support the underage drinking initiative. REQUEST: Staff requests City Council approval of the donation from the Area Prevention Resource Center. Additionally, staff requests action to approve a supplemental appropriation for the FY 2010 -2011 Budget in the amount of $2,000 to the Machinery and Equipment Budget Line Item of the Police Services budget. FUNDING: Funding for this request is derived from a donation in the amount of $2,000 from the Area Prevention Resource Center. RECOMMEDATION: Staff intends to recommend City Council acceptance of the donation from the Area Prevention Resource Center and approval of a supplemental appropriation in the Police Services budget, increasing estimated revenues and increasing the appropriation for expenditures in the amount of $2,000. ATTACHMENT: 1. Copy of the Check from the Area Prevention Resource Center IOCMND AREA YOUTH SERVICES, INC. 411! REFERENCE NO. DESCRIPTION INVOICE DATE ( INVOICE AMOUNT DISCOUNT TAKEN AMOUNT PAID rune 6/7/10 2,000.00 2, 000.00 I CK DATE —fr CHECK NO. ? PAYEE - j— DISCOUNTS TAKEN CHECK AMOUNT 121 Uwasso Police ept. I $2,000.00 ROCMND AREA YOUTH SERVICES. INC. 41217 PO BOX 9i2 THE FIRST NATIONAL BANK VINITA, OK 7301 VINITA -GROVE - CLEORA OKLAHOMA DATE (918.) 255-7518 86- 111 -1031 Check Number: 41217 Jun 7, 2010 Memo Two Thousand and 00/100 Dollars PAY TO THE ORDER OF: Owasso Police Dept. 1140L, 1 2 1 711' 1: 10 3 10 1 1 Los: II' 2-3E 3- 5 9 611' AMOUNT 2000.00 0 rn AUTHORIZED SIGNATURE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR AN EASEMENT CLOSURE DATE: July 9, 2010 BACKGROUND: The City of Owasso has received a request for the closure of a utility easement on property located %4 of a mile north of East 106th Street North and just due east of the Owasso Expressway. PROPERTY CHARACTERISTICS: The tract is zoned for Office Medium and is currently vacant, but plans exist for a portion of the Tulsa Technology Center campus to be constructed on the site. The property will be served by Rural Water District # 3 Washington County water, and City of Owasso wastewater, police, fire and EMS services. ANALYSIS: The applicant desires to close the 15' Utility Easement that runs west to east through the center of the tract. The easement was originally filed to serve the tract with utilities in anticipation of the site being divided into two parcels. The easement is currently vacant, and the closure will have no detrimental impact on the subject tract, or surrounding areas. This request comes in anticipation of a Final Plat being filed with one 20' utility easement that will route around the TTC building for future services. All utility companies have been notified, and have accepted the modification to the utility easement. TECHNICAL ADVISORY COMMITTEE: The request for the utility easement closure was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 23, 2010. At that meeting, utility providers and City staff were afforded the opportunity to comment on the application and request any changes or modifications. There were no comments made in regards to this item. PLANNING COMMISSION MEETING: The Owasso Planning Commission will review this case at their regularly scheduled meeting on July 12, 2010 at 6 P.M. RECOMMENDATION: Staff intends to recommend City Council approval of the TTC utility easement closure. ATTACHMENTS: 1. Survey of the Site 2. Location Map M .f1,YZ.t N �Y �yy3 ayyt. M 3 .ZI,Yile 5 - ,Ze'KC zz LpffSYY3 uvn a uo34 ,5s � �� I / � ass � V' O �iC��� 3YaWa£S'I R p � I 411 0uxM,..noiwx -X y $ I I ;€o urun S'et � F - 3 @ ���C1gs <�$�.���;;� $ ����������a�f�� I ilxf x l�'g g8 �� m. x � �lv � � s lit � fs cn- Yn'Se•uwNe� I' � � ��� �4$ i 3.KFI.OSg= nri MNL3/nrsmavas W y 5 $° Ug7 113 R.IZ.W S- .SYroM( _ 3.fl1.ILW5 S; I: i �F a 3.WN.W S - ,U'ZfC — — — u �s i<•'� K - In X, 7m. 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USE OF T1IIS M.AP IS WITHOUT WARR.A.NTI' OR RFPRESEIN- rATION BY CITY OF OWASSO OF ITS ACCURACY. 918.376.1500 MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL LARISSA DARNABY CITY PLANNER FINAL PLAT, CARRINGTON POINTE I July 9, 2010 The City of Owasso has received a request from Carrington Point Development, LLC, to review and approve a final plat consisting of 171 residential lots, in 5 blocks, on approximately 45 acres of land. LOCATION: The subject property is located on the south side of East 86th Street North and about a quarter of a mile west of North Memorial Drive. PRESENT ZONING: The subject property is currently zoned RS -2 and RS -3 Single Family Residential. SURROUNDING ZONING: North: Tulsa County Agriculture East: Tulsa County Agriculture South: Tulsa County Agriculture West: Tulsa County Single Family DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. FINAL PLAT REVIEW PROCESS: The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block, the applicant may forego the Preliminary Plat review. In such cases the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notify abutting property owners. Upon receipt of a complete application City staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations, and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat, the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the County Clerk's office. The applicant will provide the City of Owasso with three signed and recorded plats along with an 8 %2 X 11 copy and an electronic copy for records. ANALYSIq: The applicant is requesting the review and approval of the Carrington Pointe I Final Plat so that they may plat and eventually develop the property with single - family residential uses. The property was annexed and rezoned in September of 2007 to a mix of RS -2 and RS -3 zoning designations. The designation outlines the development standards for the property in a residential manner. According to the final plat, the developer would like to create 171 residential lots, in 5 blocks, on approximately 45 acres of land. The property was annexed and zoned to accommodate residential uses in September of 2007. The Preliminary Plat for Carrington Pointe I was heard at the October 8, 2007 Planning Commission meeting, and was approved 3 -0 with 14 conditions. The preliminary plat was heard again at the May 10, 2010 Planning Commission Meeting and was approved with the following conditions: • Add language to the deed restrictions and covenants that would allow for a public trail easement through reserve area "D" at some point in the future. • Check to make sure there is no obstruction at the entry feature. • Bring Lots 1, 47, and 48 of Block 3 into compliance with the bulk and area requirements for an RS -2 zoning designation. • Remove existing structures (i.e. gravel drives, metal buildings, etc.) from the face of the plat). • Identify portions of the plat which are zoned RS -2 and those which are zoned RS -3. All of the listed conditions have been met. Whenever any subdivision of land is proposed, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The final plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including, but not limited to, paved drives and storm water detention. Sewer service and Water service will be provided by the City of Owasso. The property is subject to storm siren payback fees of $35 per acre and the Barnes sanitary sewer payback fee of $80.36 per acre. PLANNING COMMISSION MEETING: The Owasso Planning Commission will review this case at their regularly scheduled meeting on July 12, 2010 at 6 P.M. RECOMMENDATION: Staff intends to recommend City Council approval of the Carrington Pointe I Final Plat ATTACHMENTS: 1. General Area Map 2. Carrington Pointe Final Plat CARRINGTON POINTE I 6/30/10 SUBJECT PROPERTY 0 North THIS MAP IS FOR INFORMATION PURPOSE ONUY ANIU IS NOT INTENDF_D TO REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR RF_PRFSFNTATION I3Y CITY OF OWA.SSO OF ITS A.CCURACY. CITY OF OWASSO 111 N. Main Street P.O. BOX 180 Owasso, OK 74055 918.376.1500 4 9 FINAL PLAT SURVEYOR: ENGINEER OWNER/DEVELOPER Benchmark Surveying & 2HE Group, d S Carrington Pointe Development, L.L.C. Carrington Pointe I Land Services, Inc. 1520 West Dogwood Street 807 South )(Bnthus P.O. Box 1078 Rogers, Arkansas 72756 Tulsa, Oklahoma 74104 Owosso, Oklahoma 74055 Phone: (479) 621 -7837 Phone: (918) 587 -2525 A PART OF THE NE /4 AND THE SE /4 OF SECTION 26, T -21 -N, R -13-E Phone: (918) 274 -9081 AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY. 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IENWC, slwaXNA�rz1Wl IIHa Cro x M WIa°tR1"a"ONirzmEa""vHWm MX°6' a WrrraWe wraWE Wu E oerr«I� 7 orwNr a m° rRtE Hanwr rz, A wAEXan Ana, nw wu. r M al WsA am CERTIFICATE OF OWNERSHIP CERTIFICATE OF SURVEY r�Ma �A � uW0 auWtmX w M xAiE ar aIWNW Maur wnXr M,r Mxo�rzw.� Mr avo HA. oaEOwm l'�rzDwIEH1 r c'N°M°mrwlsax'�M0 wwiMlc t w ram'�''ial°F rwA°pCfl'mcaAnr. avow e A rWS ME aaWMmr IvnowrAna a tvE EaE.. u Mx.� W,�iaE un'EExtia WE.. rptWr� OY6i Y �j W{1M1an `J W A x = CERTIFICATE OF FINAL PUT APPROVAL CARRINGTONPORMI Jana 14.2010 _N w E MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: EAST 76TH STREET NORTH ROADWAY IMPROVEMENTS FROM HIGHWAY 169 TO NORTH 129TH EAST AVENUE DATE: July 9, 2010 BACKGROUND: Surface Transportation Program (STP) funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. INCOG has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet federal regulations and help advance the Regional Transportation Plan through safety improvements and to projects that reduce traffic congestion. Proposed projects are evaluated for eligibility and priority based on a 100 -point rating system. In May 2010, INCOG began accepting applications with a submittal deadline of July 26, 2010. As a result, the City contracted with an engineering consulting firm (Poe & Associates, Incorporated) to perform a conceptual engineering design of improvements to East 76th Street North from U.S. Hwy 169 to North 129th East Avenue in the amount of $12,000. In an effort to prevent the unnecessary expenditure of funds, the scope of work for the engineering services was limited to the conceptual design only; providing only the information needed to prepare and complete the INCOG funding applications. If this project is selected in September 2010, the funding for engineering, right -of -way and utility relocation will be targeted for federal assistance in FY 2014 or sooner, depending on funding availability. If selected, the City of Owasso will need to submit an additional application to INCOG requesting federal assistance for construction costs in May of 2011. Thus, it is anticipated federal aid assistance for construction will be available in FY 2015 or sooner, depending on project readiness and available funding. CONCEPTUAL DESIGN SUMMARY: The East 76th Street North from U.S. Hwy 169 to North 1291h East Avenue, a secondary arterial in Owasso, is a heavily used roadway that conveys residential and commercial traffic in the area, Resolution 2010 -09 East 76th Street North from Hwy 169 to North 129th East Avenue Roadway Improvements Page 2 of 3 as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from the Stone Canyon Elementary School and the Port of Catoosa. It is expected that the residential growth east of this project will increase traffic volumes and continue to overload the existing two -lane road section. The following table shows existing and future flow patterns: Location Daily Traffic Daily Traffic Volume Volume( Vehicles (Vehicles per day per day in 2010) projected for 2020) SW Corner of Cemetery 15,855 25,826 N. 127 th East Avenue 12,366 20,142 500' east of N. 129th East Avenue 7,356 11,982 Based on current data, the traffic counts warrant the widening of the roadway. PROPOSED ROADWAY IMPROVEMENTS: The proposed lane configuration is a 5 -lane roadway section including 2 -lanes in each direction with a center turn lane to expedite turning movements into the various subdivisions along the roadway. Based on the conceptual design, the anticipated cost for the planning and construction of the proposed roadway improvements is $6.8 million. PROPOSED FUNDING: MOT funding for this project will be through the Surface Transportation Program, which will fund 80% of eligible project costs, while the local government funds 20 %. Based upon this information, the following is an estimate of the cost distribution: Resolution 2010 -09 East 76th Street North from Hwy 169 to North 129th East Avenue Roadway Improvements Page 3 of 3 Project Segment Estimate ($ millions) ODOT Portion ($ millions) City of Owasso Portion Construction $4.17 $3.37 $800,000 Right-of-Way $1.26 $1.00 $252,000 Utility Relocation $0.93 $0.74 $186,000 Engineering (8 %) $0.44 $0.35 $88,000 Total Project Cost $6.80 $5.46 $1,326,000 PROPOSED RESOLUTION: The proposed Resolution declares the City's intent to request federal funding assistance through the Surface Transportation Program Urbanized Area for the engineering, utility relocation, and right -of -way acquisition needed to begin construction of the roadway improvements to East 76th Street North from Hwy 169 to North 129th East Avenue. If selected, the City of Owasso will need to submit an additional application to INCOG requesting federal assistance for construction costs in May of 2011. RECOMMENDATION: Staff intends to recommend City Council approval of a proposed Resolution requesting ODOT to consider the selection of the East 76th Street North Improvement Project as a candidate for federal funding assistance through the Surface Transportation Program. ATTACHMENTS: A. Location Map B. Proposed Resolution 1, ATTACHMENT A • 1l Ii i PROPOSED ROADWAY IMPROVEMENTS CITY OF OWASSO 7/08/10 ® PROJECT LIMITS 0 North TMS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT FNTENDEID TO RFPRESENT AN ACCURATE AND TRUE SCALE. USE OF TI IIS MAP IS WITI LOUT WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 CITY OF OWASSO, OKLAHOMA PROPOSED RESOLUTION A RESOLUTION REQUESTING FEDERAL -AID SURFACE TRANSPORTATION PROGRAM URBANIZED AREA FOR ENGINEERING, RIGHT OF WAY, AND UTILITY RELOACTION OF EAST 76 STREET NORTH FROM HWY 169 TO NORTH 129TH EAST AVENUE ROADWAY IMPROVEMENTS. WHEREAS, Surface Transportation Program funds for urbanized areas have been made available for transportation improvements within approved Urban Areas; and, WHEREAS, The City of Owasso is submitting a project candidate described as follows: East 76TH Street North from Hwy 169 to North 129 East Avenue Roadway Improvements WHEREAS, the submitted project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and, WHEREAS, the engineer's preliminary estimate for engineering, right -of -way, and utility relocation is $2.63 million, and Federal participation under the terms of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA -LU) relating to Surface Transportation Program Urbanized Area funds are hereby requested for funding of 80 percent of the project cost; and, WHEREAS, the City of Owasso proposes to use sales tax revenues as the source(s) of funds for the balance of the project costs; and, WHEREAS, the City of Owasso agrees, as a condition to receiving any Federal financial assistance from the Department of Transportation, that it will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42. U.S.C. 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of Federally- Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 "; and, WHEREAS, the City of Owasso agrees to become jointly responsible, with the Oklahoma Department of Transportation and the contractor as co- applicants, for meeting all Environmental Protection Agency (EPA) requirements for storm water runoff from this project. Further, if required, the City of Owasso agrees to file jointly, with the Department and the contractor, the general National Pollutant Discharge Elimination System (NPDES) permit with the EPA which authorizes the storm water discharges associated with activity from the construction site identified in this resolution; and, WHEREAS, the City of Owasso further agrees to deposit with the Oklahoma Department of Transportation the matching funds required ninety (90) days prior to the contract letting date; and, WHEREAS, the City of Owasso further understands that acceptance of this resolution by the Department is not a commitment to federal funding, but only registers the City's interest and intent in participating in the program application process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the Oklahoma Transportation Commission is hereby requested to consider the selection of this project as a candidate for federal funding. DATED this 20'' day of July 2010 Mayor ATTEST: City Clerk APPROVED AS TO FORM: C ty Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: AGREEMENT FOR GAS FACILITIES RELOCATION WITH OKLAHOMA NATURAL GAS COMPANY - EAST 86' STREET NORTH — MAIN TO MEMORIAL DATE: July 9, 2010 BACKGROUND: On June 23, 2006, Tulsa County submitted an Agreement to provide improvements on East 86th Street North, from Main Street to Memorial Road. Per the Agreement, the City of Owasso consents to provide right -of -way acquisition, utility relocation, and engineering design services. The County, in exchange, agreed to provide $1,000,000 in matching federal highway funding and assisted in the procurement of federal funds and financing of engineering services. UTILITY RELOCATION: Oklahoma Natural Gas lines are located in private easements owned wholly by ONG, thus resulting in the necessity of an agreement to be entered into to facilitate the relocating of the lines and payment for said services. ONG currently owns and operates 3,625 linear feet of various sized high and medium pressure distribution pipelines within the limits of the project. Of this total length, 3,333 linear feet are located outside the public ROW and within a privately owned easement. This portion will need to be relocated at an estimated cost to the City of $988,502 including material, labor, and contract administration. AGREEMENT FOR GAS FACILITIES RELOCATION: The Agreement (see Attachment A) contains language outlining the basis for the relocation costs and how ONG will be reimbursed. A summary of the agreement's key points follows: • Relocation costs will be based on actual costs of work performed. • ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. • If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. • The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2010 -2011 fiscal year. • ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. Page 2 Agreement For Gas Facilities Relocation East 86th Street North — Main to Memorial Roadway and Drainage Improvements FUNDING: Sufficient funding exists in the Capital Improvements Fund for this project. RECOMMENDATIONS: Item 1: Unless City Council expresses concern, City Staff intends to recommend City Council approval of authority for the Mayor to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso for the East 86th Street North from Main to Memorial Project. Item 2: Unless City Council expresses concern, City Staff intends to recommend City Council approval of authority for the City Manager to terminate the agreement (as allowed by paragraph 6 of the agreement) if revised estimates submitted by ONG become more than $988,502 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. ATTACHMENTS: A. Agreement and Estimate ATTACHMENT A AGREEMENT GAS FACILITIES RELOCATION ROADWAY IMPROVEMENT PROJECT E. 86TH ST. NO., MAIN TO MEMORIAL DR. CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various high - pressure and medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on August 21, 2009. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the eighteen plan sheets and the one -page cost estimate, all dated October 2, 2009, of which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $988,502, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities Page 1 of 3 presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. ATTEST: OKLAHOMA NATURAL GAS COMPANY, A DIVISION XONOE, Inc. By: Secretary teve Wood Dated: J Vice President - Operations - °� -1p Page 2 of 3 APPROVED as to form and legality this day of 2009. City Attorney CITY OF OWASSO, OKLAHOMA Mayor ATTEST: City Clerk This day of 2009. Page 3 of 3 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST E. 86TH ST. N., MAIN TO MEMORIAL DRIVE STATE JOB NO. 24037(04) & 24037(06) MATERIAL COST: 6 5/8" PIPE - STEEL, .280" WALL, 18,99 # /FT, API -5L, A -53 -B, SMLS, COATED W/ ARO 2 3/8" PIPE - STEEL, .154" WALL, 3.65 # /FT, API -5L, A -53 -13, SMSL, COATED W/ ARO 6" TEE - SPHERICAL, SERIES 300, ANSI 300, 740 LB WP 2" TEE -FULL ENCIRCLEMENT, 3 -WAY, ANSI 300, 740 LB WP 2" VALVE -GATE, RF, FLANGED, ANSI 300, 740# WP, STEEL 2" FLANGE -WELD NECK, RAISED FACE, ST, 300 LB 2" GASKET -.125" THICK, WER 300, 400, 740 PSI WP 2" BOLT -STUD, 5/8 "x3 112" W /2 -2H HEX NUTS, ASTM GR -B7 6" ELBOW -ST WELD 90 DEG LR, STD GRADE B, SMLS 2" ELBOW -ST WELD 90 DEG LR, STD GRADE B, SMLS 2" ELBOW -ST 45 DEG LR, STD GRADE B, SMLS 6 "x6 "x2" TEE - REDUCER, WELD, STEEL, STD. GRADE B, SMLS, 6" CAP - STEEL -WELD, STD WT 2" CAP- STEEL -WELD, STD WT 2" FITTING- THREADED, 0 -RING, 1500 LB WP 52 "-84" BOX- VALVE, ABS POLY MATERIAL, SCREW TYPE 6" WRAP -PIPE, SLEEVE, DIRAX, FOR DIRECTIONAL BORING, HEAT SHRINK 2" WRAP -PIPE, SLEEVE, DIRAX, FOR DIRECTIONAL BORING, HEAT SHRINK GALLON - PRIMER -PIPE WRAP, MASTIC TYPE, GALLON 4 "x50' WRAP -PIPE, BLACK, 35 MIL, LAMINATED PL FILM, ROLL GALLON - PRIMER -WAX, TAPE #1, UNDERGROUND APPLICATION 4 "x9' WRAP- COATING, WAX, UNDERGROUND NO. 1, BROWN MISC. MATERIAL TOTAL ESTIMATED MATERIAL COST INSTALLATION COST: Stores Expense Contract Construction Labor Contract Design & Drafting Services Company Labor Indirect Labor, Payroll, Insurance, and Taxes Automotive Expense Right of Way Damages TOTAL Administrative and General Expense Omissions and Contingencies ESTIMATED INSTALLATION COST ESTIMATED MATERIAL COST ESTIMATED ABANDONMENT COST TOTAL ESTIMATED RELOCATION COST FINANCIAL RESPONSIBILITY Total within Private Right of Way = 3333 ft. Total within Public Right of Way = 292 ft City Share 3333 ft. within additional required R/W 3625 ft. within total required R/W ONG Share 292 ft. within Present Public R/W 3625 ft. within total required R/W Eastern Region Engineering (Randy Stalcup) Prepared By: Utility Design Services Inc. 10/2/2009 QTY UNIT COST AMOUNT 3,760 ft. 31.86 $119,794 240 ft. 9.77 $2,345 10 ea. 944.66 $9,447 1 ea. 502.20 $503 1 ea. 570.11 $571 2 ea. 20.48 $41 2 ea. 3.47 $7 16 ea. 1.10 $18 30 ea. 53.35 $1,601 6 ea. 9.71 $59 1 ea. 4.17 $5 1 ea. 104.28 $105 20 ea. 28.39 $568 2 ea. 10.94 $22 5 ea. 184.50 $923 1 ea. 56.12 $57 40 ft. 101.90 $4,076 3 ea. 58.85 $177 1 ea. 23.19 $24 24 ea. 11.28 $271 2 ea. 24.74 $50 24 ea. 5.59 $135 $28,160 $168,959 91.94% = $988,502 8.06% = $86,658 $43,778 $362,770 $8,952 $54,416 $20,793 $10,884 $15,000 $685,552 $313,435 $49,949 $879,977 $168,959 $26,224 $1,075,160 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: STEVEN F. ALBERT, P.E., CFM CITY ENGINEER SUBJECT: ODEQ CONSENT ORDER NO. 10 -036 SUBMISSION OF ENGINEERING REPORT DATE: July 9, 2010 BACKGROUND: The Owasso Public Works Authority (OPWA) received notification on November 30, 2009 of a notice of violation issued by the Oklahoma Department of Environmental Quality (ODEQ) as a result of wastewater bypasses that occurred between February 21, 2007 and January 16, 2010. A Consent Order dated January 27, 2010 was issued to the City after staff attended a hearing with ODEQ to discuss the issue and establish a mutually acceptable program for resolving the matter. One of the requirements of the Order stated that the City must "Submit an approvable Engineering Report to ODEQ that describes options for collection system improvements that will eliminate the chronic SSO's [bypasses] at 10605 E 114th Street and improvements to the Santa Fe Lift Pump Station. The report shall be accompanied by a letter signed by the Respondent's Chairman endorsing the report and authorizing its submission to ODEQ as a requirement of this Consent Order." Since the issuance of the Consent Order, a consultant (Greeley and Hansen) has been contracted to undertake the design of the new Santa Fe Pump Station and Force Main. A second consultant (Kellogg Engineering) has also been contracted to design a new gravity sewer to add sewer capacity to the Hale Acres area and remove the existing Meadowcrest Lift Station. Both consultants are making excellent progress and are on schedule with their designs. ENGINEERING REPORT(S): Three separate reports were prepared to fully comply with the requirements of the Consent Order. They are briefly described as follows: 1. Santa Fe Lift Station and Force Main Replacement — Engineering Report prepared by Greeley and Hansen Engineers presenting the need for the lift station upgrade, the alternatives considered, and details of the proposed project including wet well, pump and force main sizing. A cost estimate is included for each alternative including initial capital costs and life cycle operating costs for comparison of the alternatives. 2. Proposed Meadowcrest Gravity Sewer Line Project — Engineering Report prepared by Kellogg Engineering demonstrating the feasibility of installing a gravity sewer to allow the removal of the Meadowcrest Lift Station and to provide service to a new sanitary service area. The report includes definition of the service area, plan and profile drawings, establishment of the sewer line size requirements, a cost estimate, a draft of the ODEQ Application for Permit to Construct and a draft of the ODEQ Engineering Report Form. 3. Hale Acres Area Sanitary Sewer System Study — Engineering Report prepared by Steven F. Albert, P.E., City Engineer, presenting an analysis of existing sanitary sewer capacity and flows within the Hale Acres sewer service area related to the chronic bypass location at 10605 East 114th Street North. The report presents recommendations on changes needed to the system to resolve the bypass problem. One of the recommendations of the third report is that the southern portion of the Hale Acres sanitary sewer basin be diverted to a new gravity sewer main. This recommendation resulted in the project to construct the Meadowcrest Gravity Sewer Line which is the subject of the second report listed above. Together, the three reports will be combined into a single submittal to ODEQ and will serve collectively as the "Engineering Report" required under the Consent Order issued January 27, 2010. A copy of the report can be provided upon request. REQUESTED ACTION: This request is for Trustee authorization for the OPWA Chairman to sign the letter of endorsement with direction to submit the Engineering Report(s) to the Director of ODEQ. Additional action items specific to each improvement project will be forthcoming in the next one to three years. RECOMMENDATION: Staff intends to recommend Trustee authorization for the OPWA Chairman to endorse the "Engineering Report" and to sign any necessary documents. ATTACHMENTS: A. Letter of Endorsement from the Chairman of OPWA to ODEQ. V nTity Wit out Limits. ... removing obstacles standing in the way of people celebrating their lives for ix[ �•�` July 8, 2010 Mr. Steven A. Thompson Executive Director Oklahoma Department of Environmental Quality P.O. Box 1677 Oklahoma City, OK 731 01 -1 677 Re: Consent Order, Case No. 10 -036 Complaint No. 300 -00 -00 -69198 Facility No. S -21310 OPDES Permit No. OK0020303 Problem: Discharge Without A Permit Engineering Report Dear Mr. Thompson: ATTACHMENT A The complete Engineering Report consists of three separate reports; including the Hale Acres Area Sanitary Sewer System Study, the Proposed Meadowcrest Gravity Sewer Line Project, and the Santa Fe Lift Station and Force Main Replacement. As Chairman of the Owasso Public Works Authority, per the previous consent order, I hereby endorse the Engineering Report and authorize its submission to the Oklahoma Department of Environmental Quality. Sincerely, OWASSO PUBLIC WORKS AUTHORITY Doug Bonebrake, Chairman 301 West 2nd Avenue (918) 272 -4959 P.O. Box 180 City of Owasso FAX (918) 272 -4996 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: FY 2009 -2010 STREET REHABILITATION PROGRAM PROPOSED PROJECT LISTING DATE: July 9, 2010 BACKGROUND: Annually, the Capital Improvements Fund allows for the expenditure of funds for the repair and/or resurfacing of residential and non - residential roadways. Street rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. In the past, the City of Owasso has entered into an inter -local agreement with Tulsa County for the use of labor and equipment. In recent conversations with Tulsa County, staff has been advised that Tulsa County is unable to assist the City of Owasso this year with this paving project. Our intent, if approved by City Council, is to utilize what funding is available and go out for public bid with a primary rehabilitation area as well as an alternate site to rehab if funding allows an additional scope of work. PRIORITY STREET REPAIRS AND SIGNAL ENHANCEMENTS IDENTIFIED: In June 2010, the street inventory data was updated and refined. The database for the model was adjusted to reflect changes in segment conditions and a new high- priority listing was generated. A map depicting the location of the priority sites has been included (see Attachment A). The new priority list includes data for four (4) street segments. The anticipated cost of the list of improvements for the Street Rehabilitation is approximately $200,000. PROJECT FUNDING: Funding for this project is included in the Capital Improvements Fund budget. ATTACHMENTS: A. Recommended FY 2009 -2010 Street Repair Location Map cn 3 0 0 0 o co L_ a m Of a� a� ATTACHMENT A 2009 -2010 PAVEMENT REPAIR LOCATION ONLY 2009 -2010 PAVEMENT REPAIR AND OVERLAY LOCATIONS 2009 -2010 PAVEMENT REPAIR ALTERNATE LOCATIONS I STREET REPAIRS I FY 2009 -2010 CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: AMENDMENT OF RULES OF PROCEDURE FOR THE CITY COUNCIL IN PART 2, CHAPTER 4; REPEAL OF ORDINANCES FOR PARKS IN PART 11, CHAPTER 1. DATE: July 9, 2010 BACKGROUND Staff is in the process of reviewing all City ordinances and developing recommendations for making needed additions, deletions and changes to the City's Code of Ordinances. This process is being done as Staff prepares to make access to the ordinances available from the City's website. As a part of that preparation, two ordinances are initially presented for City Council consideration which, if approved, would 1) amend the current section regulating procedure followed in City Council meetings, and 2) repeal a significant portion of the chapter governing administration and control of the City's parks. Reasons for the proposed changes are discussed separately below. DISCUSSION OF PROPOSED CHANGES TO ORDINANCES A. Amendments to Part 2, Chapter 4, Rules of Procedure for the City Council Two ordinances within Part 2, Chapter 4, Rules of Procedure for the City Council, currently contain language which is outdated or does not accurately reflect current practices followed by the City Council. Specifically, Section 2- 402(B), Regular Meeting, requires amendment to show that meetings of the City Council are held in the current Council chambers at 109 N. Birch rather than the previous location. Likewise, amendment of Section 2- 409(B), Order of Business, is proposed so that the order of business currently followed during City Council meetings is correctly listed in the Ordinance. The proposed amendment also adds language to 2- 409(B) stating that the business of the City shall be taken up for consideration and disposition by the Council in the order set forth in the ordinance or according to the posted agenda. Inclusion of this new language affords the Council increased flexibility to accommodate the continuously changing circumstances and contingencies which inevitably arise with public meetings. In addition, even if the order of business followed in a particular Council meeting differs in some respect from Section 2 -409's proscribed order, the Council is in compliance with the ordinance if the order of business published in the posted agenda was followed. 1 B. Repeal of Ordinances within Part 11, Chapter 1, Administration and Control of Parks The majority of ordinances within Chapter 1 governing the administration and control of parks were adopted years ago and contain provisions based on the existence and active participation of a Park Advisory Committee sharing direction and planning for the City's parks with Staff and the City Council. As a result, a number of the provisions in Chapter 1 are now irrelevant because the Park Advisory Committee no longer exists. In addition, Chapter 1 contains numerous provisions which seek to define the scope of the City's power and jurisdiction over its parks. Not only are these ordinances unnecessary and confusing, but they also pose a legal concern if they differ from the power given to the City under state law or in any way restrict the City's power to exercise complete governance over parks within its limits. As a general rule, laws based upon the presence or existence of a particular fact or condition should be amended once the fact or condition is removed. In this case, small inaccuracies or limitations within this section potentially obstruct the City's power to control and govern its parks and may create increased vulnerability to legal challenge. In short, there is no reason to retain ordinances which attempt to spell out which rights and powers the City may or may not have to govern City parks. Rather, repeal of those ordinances and reliance upon the broad statutory powers afforded to the City to regulate parks under state law is vastly preferable. STATUS AND RECOMMENDATION Staff intends to recommend City Council approval of the attached ordinances. These recommended changes were emailed to each Councilor several weeks ago for individual review, and to additionally provide an opportunity to ask questions and evaluate the proposed changes before they were presented at the Work Session. If the Council has no objection, Staff intends to place these ordinances on the July 20, 2010 Regular Meeting agenda for the Council's consideration and vote. ATTACHMENTS 1. Proposed Ordinance — Amendment of Rules of Procedure for the City Council 2. Proposed Ordinance — Repeal of Ordinances within Administration and Control of Parks. 6 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE AMENDING PART 2, ADMINISTRATION. & GOVERNMENT, CHAPTER 4, RULES OF PROCEDURE FOR THE CITY COUNCIL, BY AMENDING SECTIONS 2 -402, REGULAR MEETING, AND 2 -409, ORDER;OF BUSINESS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 2, CHAPTER 4; -I3Y AMENDIN6SECTIONS 2 -402 AND 2 -409 OF THE CITY OF OWASSO CODE ORDINANCES.., BE IT ORDAINED BY THE COUNCIL OF TH T WASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): AMENDMENT OE SECTIONS 2 -402 09 Part Two, Administration & Government, Chapter Four, Ru)es,of' rocedure for the City Council, Sections 2 -402 and 2-409,djNftbCode of Ordinances of the`City of Owasso, Oklahoma shall be amended as follows: A. Time. The city coeil shall7o"MRWar meetings on the first and third Tuesday of each month at 6:30 P.M.; provided, however, that when the day fixed for any regular meeting of the city council falls on a day designated by lav� asda legal or national holiday, a day wherein an election is held within the city, or a day wherein a majority of the members of the city council shall be absent from the city, the council, not less than ten (10) days prior to the date for implementation of any such change, may, by motion, change the date, time or place of a regularly scheduled meeting of the city council, provided written notice thereof is contemporaneously given the city clerk of the city. (Ord. No. 583, 7/21/98) B. Place. All regular meetings of the city council shall be held in the council chambers, 301 South Cedar, Owasso, Oklahoma, unless otherwise provided in subsection A hereof. PROPOSED AMENDMENT TO SECTION 2 -402 REGULAR MEETING: A. No Change. B. Place. All regular meetings of the city council shall be held in the council chambers, 109 N. Birch, Owasso, Oklahoma, unless the location of a meeting shall be changed as provided in subsection A hereof. SECTION 2 -409 ORDER OF BUSINESS A. All meetings, regular, special and emergency, except executive se Sssorderly as authorized by law, shall be open to the public. No person shall be barred unless such p n or refuses to obey the order of the mayor, or vice -mayor in the mayor's absenc porary chairman upon the event of absence of either the mayor or vice - mayor, who or chief of police or any attending police officer to eject any such person. The police epartm all have at least one officer present or standing by at each council meeting. B. Promptly at the hour set by law on the day of each regular, special or enrq the members of the city council, the city manager, the city clerk and the city attorriq regular stations in the council chambers and the business of the city council shall consideration and disposition in the Flag salute; Roll call; Approval of minutes of previ ?eeting; Consideration of unfinished bu om prev Introduction and adoption of res tions and ordinances; Consideration of petitions, contrac d communications; Report of officers; Approval of claims; New business; and Consider ti i of request for executive sessions. A. No Change. pfy meeting, all take their taken up for of the matters to be taken up for consideration by the council may action of the mayor, or the vice -mayor in the mayor's absence, or in the event of absence of the mayor and vice - mayor, the concept being hereby preserved. B. Promptly at the hour set by law on the day of each regular, special or emergency meeting, the members of the city council, the city manager, the city clerk and the city attorney shall take their regular stations in the council chambers and the business of the city council shall be taken up for consideration and disposition in the following order or according to the posted agenda: 1. Call to order; 2. Flag salute; 3. Roll call; 4. Consideration of Consent Agenda; 5. Consider-afien of unfinished business ffeffl pr-eVk) 5. Introduction and Adoption of Resolutions and Ordinances, 6. Intro d, etio and adoption of resolutions .d or-diffafkesF- 6. Consideration of Petitions, Contracts and Communications; 7. ,. 7. Report froin City Manager; 8. Report of a ffieer -s; 8. Report from City Attorney; 9. Appr-oval ,.c,.i.,ims; 9. Report from City Councilors; 10. New business; and 11. Consideration of request for executive sessio n executive session for any permitted purpose under', Oklahoma law may in any location on an agenda. SECTION TWO (2): R ELER All ordinances or parts oR rdinancS n conflict with t) s ordinance are hereby repealed to the extent of the conflict only. a SECTION THREE (3): SEVE < ' ITY If any part or parts of this ordinanc. are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION This ordinance shall amend Part 2, Chapter 4, Sections 2 -402 and 2 -409 of the Owasso Code of Ordinances. 3 PASSED by the City Council of the City of Owasso, Oklahoma on the day of June, 2010. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this Doug Bonebrake, Mayor of June, 2010. Julie Lombar City Attorney 4 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE REPEALING PART 11, PARKS, RECREATION & CULTURAL AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, SECTIONS 11- 101,11- 102,11- 103,11- 104,11- 105,11- 106,11- 107,11- 108,11 -109 111- 111,11 -114 and 11 -115 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSti OKLAHOMA. THIS ORDINANCE REPEALS PART 11, CHAPTEXI, SECTIONS 11- 01,11- 102,11 -103, 11- 104,11- 105,11- 106,11- 107,11- 108,11- 109,11- 111,11 -114 AND 11 -115 THE CITY OF OWASSO CODE OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY' OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): REPEAL Part Eleven, Parks, Recreation '& Cultural A , Chapter e, Administration and Control of Parks, Sections 11 -101 '1021,111-103,11-104, -105, 11- 06,11-107,11-108,11-109,11-111, 11 -114 and 11 -115 Code of Ordinances of City of Owasso, Oklahoma, as listed below, shall be repealed: All DubTNMarks within thel hereafter a d for park 1 council. (Prio e. Sec. 1 fiction of the city together with all park property which may be ises, shall be under the management, care and control of the city Ord. No. 379, 2/16/88) recreation and park programs, 110. S. Sections 33 -101 et seq. The city council may from time to time appoint citizen committees. Any committee appointed shall contain at least one member thereof who is a disabled person knowledgeable in the needs and desires of the disabled of the community. Such committees shall be formed to gather citizen input into parks and recreation needs. No member of the committee can be an employee of the city, nor a current member of the city council unless such person or persons have not been employed by the city for two (2) years previous to being so appointed. The committee will make required reports directly to the city council. (Ord. No. 379, 2/16/88) SECTION 11 -l03 RULES AND REGULATIONS A. The council shall have full and exclusive power to make rules and by -laws for parks. B. The city manager shall prescribe and define the respective duties, powers and authority of all park department personnel and shall fix and regulate the compensation to`be paid to the several persons so employed. (Prior Code, Sec. 15 -3; Ord. No. 379, 2/16/88) ,. A. The city shall have the care, management and control of all pks and group used for park purposes, all boulevards, connecting parks and structures"thereon, and parkways, now or hereafter owned by or in the control of the city, within the corporate limits of the city, and may give proper designating names thereto. B. The city shall have power to acquire, and to hold property, wit the corporate limits of such city for the purpose of establishing public parks and public squares, or the enlarging of existing parks, or for boulevards, parks, and parkways, by condemnation or by contract for the same; to accept convey es the to receive gifts_ , donations, or devises of land or other property for park purposes; out an improve wit walks, drives, and roads, to build necessary culverts and bridges, to Ian otherwise at it discretion to improve and adorn the parks and other property thus hel o erect such buildings as may be needed for the use, protection, and refreshme the pub 1 . owever, in no case shall expenditure be made in excess the amount provided b ity council and from other sources. C. The city shall have power make and alter, from time to time, all needful rules and regulations for the maintenance', of order, safety, and decency in the parks, both within and without the limits of the city and to affix, penalties for disobedience thereto, which rules and regulations shall have the force of ordinance of the city. However, no such rules and regulations shall be of any effect unless it shall have been first approved by the city council. For the purpose of enforcing such rules and regulations, all such parks and property, within the limits of the city, are hereby placed under the police jurisdiction of the city. Complaints for the violation of such regulation may be made by the city attorney to the court of the city. D. Any member of the police department may arrest, without warrant, in any of such parks or places, whether within or without the limits of the city, any person who has broken any park rules, or committed any violation of such rules or the ordinances of the city in the park. The municipal court shall have jurisdiction of all such violations committed within the limits of the parks. (Prior Code, Sec. 15 -4; Ord. No. 379, 2/16/88) 2 The city, together with the park superintendent, shall be responsible for preparing and submitting the annual budget for the park department or any request for supplemental appropriations and then must be approved by the city council and city manager. (Prior Code, Sec. 15 -5; Ord. No. 379, 2/16/88) A. No budgeted project or capital improvemAna 1. MTN review and approval of the city council if the asum r improvement exceeds Two Thousand Dollars ($ . Sucl shall be reviewed and approved independently ot as B. All spending of city funds through the parks and recreat manager before an item or items are purchased b the park supe Ord. No. 379,2/16/88) unenced by the city without prior equired for such project or capital r0�� s and capital expenditures dget must be approved by the city dent. (Prior Code, Sec. 15 -6; SECTION 11- 107IPIPES; WIRES AND SUPPORTS IN PARK! The city shall have 4the r "td' o mine the places in the parks and parkways, and other property under their control, wers, gas, and water pipes shall be laid. No trench for these purposes shall be opened untmmissioners shall have '&- signated the location of the same and given permission in ting. No"railroad, teleplione,- orAeectric light wires, or other wires, or posts or supports t be erected in, upon; through or over the parks or parkways, without the consent ' ting of , who' shall designate the place and manner of erecting and maintaining the s be altered at 'uch%time and in such manner, and under conditions as the city may deem best. (Pt ode, Sec. 15 -7; Ord. No. 379, 2/16/88) XPENDITURE FOR PARK PURPOSE Proper vouchers shall be rendered against the city for all expenditures, duly verified, as all claims against cities. (Prior Code, Sec. 15 -8; Ord. No. 379, 2/16/88) SECTION 11 -109 ESTAMM V4 ENTOFF BOO ( EViR OI> WA1' CS ONTROL The city shall have power to connect any public park under its control with any other park over which it has jurisdiction, by a boulevard or parkway, and whenever in their judgment, necessary, they may designate, as such, any existing highway, or parts thereof, which shall thereupon be deemed a part of the parkway; but the same shall remain under the control of the city authorities now having jurisdiction thereof. (Prior Code, Sec. 15 -9; Ord.. No. 379, 2/16/8) A. No employee or officer of the city shall be concerned in any contract with the city, or any of its departments or institutions, either as contractor, subcontractor, bondsman, or other party directly or indirectly, interested. B. If any employee or officer of the city be the owner of, or interested in; any property necessary, in the opinion of a majority of the other members of the city council, to be taken for park purposes, then proceedings shall be by condemnation, and such facts of ownership and interest shall be fully set forth in the petition. (Prior Code, Sec. 15 -11; Ord. No. 37,,/16/88) City personnel have the power to recommend the city council to take, by purchase or condemnation, all necessary lands for park or parkway oses, and if the park commission cannot, for any cause, agree with the owner or owners of any suc the same may be condemned in the name of the city in the manner provided by the laws of the s condemnation of lands for railway purposes and hereby made applicable for the conde on urpose . by any such city. (Prior Code, Sec. 15 -14; Ord. No. 379, 2/16/88) A en infer and h'ork or c� a Mg `rn theparks - parEing, etc., of the city, shall be examined by the All plans for new city g ort and statement of advice be placed upon the records of the city, before the plans can' ' be adopted or their. execution begun and must meet the approval of the city council. (Prior Code; Se' 15 -15; Ord. N 9, 2/16/88) ........ _ ......— 11, Par ecreatioii and Cultural Affairs, Chapter 1, Admstration and Control of be renumbered as follows 11= 101 " "Park 'Propeirty" Detlned (formerly Section'11 -110) 11 -102 City May Refuse Gift of Land (formerly Section 11 -1f12) 11 -103 Gifts May be Made to City; Control (formerly Section 11 11 -104 Park Curfew (formerly Section 11 -116) SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this 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 ays from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION This ordinance shall repeal Part 11, Chapter 1, Sections 01, ,,11- 103,11- 4,11- 105,11- 106, 11 -107, 11 -108, 11 -109, 11 -111, 11 -114 and 11 -11 Owasso Code of Ordinances. PASSED by the City Council of the City of Owasso, Oklahoma o e ° day of June, 2010. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) � APPROVED as to form and legality this day of June, 2010. Julie Lombardi City Attorney 5 Working document, not for distribution MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIANN STEVENS ADMINISTRATIVE ASSISTANT SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: July 9, 2010 BACKGROUND: Discussion of appointments to the various citizen boards and committees were held during the May and June worksessions. Pursuant to authority contained in the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. Pursuant to City Council discussions, the purpose of this memorandum is to communicate staff's recommendations for the following appointments to the positions as indicated: ANNEXATION COMMITTEE: Councilor Jon Sinex Councilor Doug Bonebrake David Vines (Planning Commission Representative) Kevin Lane (Citizen) Bradd Clark (Fire) Dan Yancey (Police) Warren Lehr (Assistant City Manager) Karl Fritschen (Community Development) Chelsea Harkins (Economic Development) Roger Stevens (Public Works) Julie Lombardi (City Attorney) AUDIT COMMITTEE: Councilor Bryan Stovall (Seat 1 — One Year Term) Dennis Phillips (Seat 5 — Three Year Term) Working document, not for distribution BOARD OF ADJUSTMENT: Jim Bausch (Citizen) David Hall (Citizen) CAPITAL IMPROVEMENTS COMMITTEE: Doug Bonebrake (City Council) Bryan Stovall (City Council) Charlie Brown (Planning Commission) Dirk Thomas (OEDA Representative) Frank Enzbrenner (Banking Representative) Trish Hauser (Chamber Representative) Wayne Ruess (Citizen) Jim Hunter (Citizen) Dr. Chris Kelley (Citizen) Rob Haskins (Citizen) Bradd Clark (Fire) Karl Fritschen (Community Development) Chelsea Harkins (Economic Development) Angela Hess (Finance) Roger Stevens (Public Works) Dan Yancey (Police) Sherry Bishop (Assistant City Manager) Warren Lehr (Assistant City Manager) Rodney Ray (City Manager) OWASSO ECONOMIC DEVELOPMENT AUTHORITY: David Charney (Citizen, Five Year Term) Gary Akin (Chamber Representative, One Year Term) Councilor Steve Cataudella (Council Representative, One Year Term) PERSONNEL BOARD: Mike Sullivan (Citizen) PLANNING COMMISSION: Dr. Paul Loving (Citizen) Charlie Brown (Citizen) TULSA COUNTY CRIMINAL JUSTICE AUTHORITY SALES TAX COMMITTEE: Alan Hughes (Citizen, One Year Term) INCOG BOARD OF DIRECTORS: One Year Term Councilor Wayne Guevara (City Council) Rodney Ray (City Manager, Alternate) 2 Working document, not for distribution INCOG LEGISLATIVE CONSORTIUM: One Year Term Dan Yancey (Police) John Feary (Public Works, Alternate) INCOG ENVIRONMENTAL POLICY COMMITTEE: One Year Term Roger Stevens (Public Works) REGIONAL METROPOLITAN UTILITY AUTHORITY: One Year Term Sherry Bishop (Assistant City Manager) Rodney Ray (City Manager) TRANSPORTATION POLICY COMMITTEE: One Year Term Councilor Wayne Guevara Rodney Ray (City Manager, Alternate) TRANSPORTATION TECHNICAL COMMITTEE: One Year Term Roger Stevens (Public Works) Daniel Dearing (Public Works, Alternate)