HomeMy WebLinkAbout2010.08.10_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
August 10, 2010
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, August 06, 2010.
'.A/m Z&~w
Sherry Bish , 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 Agreement - Claims Management Resources
B. Discussion on Sales Tax Watchdog Committee Vacancies
4. Discussion relating to Operational Items
Mr. Lehr
Attachment # 4
A. Traffic Signal Enhancement - Bid Review for Loop Repairs
B. Proposed Agreement - Annual Stormwater Consulting
C. Final Plat - Tulsa Technology Center (TTC)
5. Discussion relating to City Manager Items
Mr. Ray
Attachment # 5
A. Proposed Ordinance Changes - Curfew
B. Proposed Fee Changes - Utility Billing, Community Development, and Public
Works User Fees
C. City Manager Report
1. Sales Tax Report
Owasso City Council
August 10, 2010
Page 2
6. Report from City Councilors
7. Adjournment
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: TIM DOYLE
GENERAL SERVICES SUPERINTENDENT
SUBJECT: FY 2009-2010 MISCELLANEOUS VEHICLE LOOP DETECTION SYSTEM
IMPROVEMENTS
DATE: August 6, 2010
BACKGROUND:
The FY 2009-2010 Capital Improvements Fund budget allotted $ 250,000 for the completion of
a traffic signal study, the purchase of recommended hardware, and the installation service needed
to coordinate the timing of identified signaled intersections that are no longer efficient. On April
20, 2010, City Council accepted the Traffic Signal Enhancement Project and approved final
payment to Midstate Traffic Control, Incorporated, bringing the total contract amount to
$132,'711.
As a part of the original contract, the contractor was required to check the operation of all
vehicular and pedestrian detectors and report any malfunctions in writing to the City of Owasso.
As a result of that requirement, a report from the contractor revealed that multiple vehicle
detectors at eight (8) intersections were in need of repair. City staff's intentions were to
recommend a change order to City Council for the additional scope of work. However, given that
the cost exceeded 10% of the total contract amount, Oklahoma state law requires the City of
Owasso to bid this additional work separately.
A total amount of $58,092 remains within the Capital Improvements Fund for the Traffic Signal
Enhancement Project. Staff proposes using this funding to perform the Miscellaneous Vehicle
Loop Detection System Improvements.
SOLICITATION OF BIDS:
Bid documents were prepared and a notice to bidders was published in the Owasso Reporter on
July 16, 2010 and July 23, 2010 to solicit bids for the Miscellaneous Vehicle Loop Detection
System Improvements. In addition, a notification for bids was made to four (4) vendors. Bids
were opened on August 5, 2010 and are currently being reviewed and tabulated. A copy of the
bid tabulation will be provided at the August 10, 2010, Special Meeting of the Owasso City
Council.
FY 2009-2010 Miscellaneous Loop
Detection System Improvements
Page 2 of 2
PROJECT FUNDING:
Funding for this project is included in the Capital Improvements Fund in the amount of $58,092.
RECOMMENDATION:
Staff intends to recommend City Council award the FY 2009-2010 Miscellaneous Vehicle Loop
Detection System Improvements contract to the lowest responsive, responsible bidder.
ATTACHMENTS:
A. Location Map
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MISCELLANOUS VEHICLE
LOOP DETECTION SYSTEM
IMPROVEMENTS AT VARIOUS
LOCATIONS - FY 2009-2010
CITY OF OWASSO, OKLAHOMA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
3
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: STEVEN F. ALBERT, P.E., CFM
CITY ENGINEER
SUBJECT: AGREEMENT FOR ENGINEERING SERVICES
ANNUAL STORMWATER ASSISTANCE PROJECT
MESHEK & ASSOCIATES, P.L.C.
DATE: August 6, 2010
BACKGROUND:
The City of Owasso enters into a contract each fiscal year with a professional engineering firm to
provide services on an as-needed basis for annual review and consulting related to stormwater
issues in the city. The scope of services for the Agreement for the current fiscal year includes
work related to specific requests that will be made by the Public Works Department. Service
requests may include analysis of stormwater and erosion control issues for existing
infrastructure; consulting on the possible impact of new development on city floodplain areas;
stormwater reviews of new development projects; reviews of existing ordinances and
recommendations for possible revision; assistance to the City in general stormwater review or
design services; or preparation of the new MS-4 permit for submission to the Oklahoma
Department of Environmental Quality.
If approved, this Agreement will be executed for the fiscal year 2010-2011 for a fee not to
exceed $55,000. The agreement with Meshek & Associates for the previous fiscal year ending
June 30, 2010 totaled $25,000 of which less than $10,000 in service fees were requested. The
Agreement for the previous fiscal year ending June 30, 2009 was for $80,000.
FUNDING:
Funding for this Agreement is budgeted in the FY 2010-2011 Stormwater Management Fund.
RECOMMENDATION:
Staff intends to recommend City Council approval of the Agreement entitled, "Miscellaneous
Stormwater and Erosion Control Engineering Projects" with Meshek & Associates, P.L.C. in an
amount not to exceed $55,000.
ATTACHMENT:
A. Agreement for Engineering Services with Meshek & Associates, P.L.C.
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
THIS AGREEMENT, made and entered into this day of , 2010 between the
City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to
as CITY, and Meshek & Associates, PLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to analyze various storm-water or erosion control issues for
existing infrastructure, to review existing ordinances for possible revision, to provide
stormwater reviews of development projects and to assist the City in general storm-water
review or design services, hereinafter referred to as the PROJECT; and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through the fiscal year 2010-2011
Stormwater Management Budget;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment E, BILLING RATE SHEET,
which are attached hereto and incorporated by reference as part of this
AGREEMENT.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F.
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with
the applicable laws and regulations published and in effect at the time of
performance of the SERVICES. The PROJECT shall be designed and engineered in a
good and workmanlike manner and in strict accordance with this AGREEMENT. All
engineering work shall be performed by or under the supervision of Professional
PAGE 1 OF 13
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and/or execution. These conditions and cost/ execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the
PROJECT was finally constructed. ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into
the record drawings.
7.5. ENGINEER's deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer-generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
be made on the basis of qualifications and experience as a Professional
Engineer.
PAGE 2 OF 13
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall defend and indemnify CITY from and against legal liability
for damages arising out of the performance of the SERVICES for CITY,
including but not limited to any claims, costs, attorney fees, or other
expenses of whatever nature where such liability is caused by the negligent
act, error, or omission of ENGINEER, or any person or organization for
whom ENGINEER is legally liable. Nothing in this paragraph shall make the
ENGINEER liable for any damages caused by the CITY or any other
contractor or consultant of the CITY.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractor's general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring permits,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $100,000 for each accident.
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions coverage
to be for a minimum of $1,000,000.
PAGE 3 OF 13
12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a
provision that such insurance shall not be canceled without at least 30 days
written notice to the CITY.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a suspended
project, ENGINEER's contract price and schedule shall be equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: Meshek & Associates, PLC
1437 S. Boulder Ave. Suite 1080
Tulsa, OK 74119
Attention: Janet K. Meshek, PE, CFM
To CITY: CITY OF OWASSO
301 W 2nd Avenue
Owasso, Oklahoma 74055
Attention: Roger Stevens, Public Works Director
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
PAGE 4 OF 13
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes
ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated
AGREEMENT between the parties; and supersedes all prior negotiations,
representations, or agreements pertaining to the SCOPE OF SERVICES herein, either
written or oral. CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT. This AGREEMENT may be amended
only by written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the
matter may, in the Director's discretion, be referred to the City Manager for
resolution. Regardless of these procedures, neither party shall be precluded from
exercising any rights, privileges or opportunities permitted by law to resolve any
dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff when requested
and will be available for public meetings and City of Owasso presentations.
22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER
agrees that no change will be made in the assignment of this position without prior
approval of CITY.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
PAGE 5 OF 13
Meshek & Associates, PLC
APPROVED:
City Clerk
APPROVED AS TO FORM:
1
City Attorney
Janet K. Meshek, PE, CFM
Date / / 2010
CITY OF OWASSO, OKLAHOMA
Mayor
Date //2010
PAGE 6 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Scope of Project
Attachment A
SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the
following categories of assignments:
1. Review of hydrology and hydraulic reports and studies for development projects;
2. Assistance in the development of policies and ordinances related to stormwater, erosion
control or the Municipal Separate Stormsewer System (MS-4);
3. Specific assignments related to hydrology and hydraulics that may arise with regard to
existing installed infrastructure or proposed development projects;
4. Review of hydrology and hydraulic reports for developments as they relate to the City
of Owasso Master Drainage Plan;
5. Review of floodplain issues regarding FEMA regulated floodplains and floodways; and
6. Any other Stormwater or erosion control issues that the City requests assistance.
PAGE 7 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Scope of Services
Attachment B
The services to be performed by the ENGINEER, Meshek & Associates, PLC, under this
AGREEMENT will consist of providing civil engineering services for the categories of
assignments presented in Attachment A, as directed individually by the City by a work
order.
Further, it is understood and agreed that the date of beginning, rate of progress, and the
time of completion of the work to be done hereunder for each assignment are essential
provisions of this AGREEMENT; and it is further understood and agreed that the work
embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and
receipt of Notice to Proceed for each assignment. It is further understood that all reviews
and conceptual designs will be prepared in accordance with the City of Owasso design
criteria and specifications for construction.
B.I. Basic Services of ENGINEER. The basic services of the ENGINEER shall
include, but are not limited to the following tasks:
B.1.a) Provide miscellaneous stormwater engineering review of development
projects as directed by the City. The work will include:
B.1.a) 1. General review of engineering plans for compliance with City
criteria and policies.
B.1. a) 2. If specifically directed by the CITY, to model a proposed
development or other infrastructure project in the applicable
HEC-HMS and HEC-RAS watershed model for the City of
Owasso.
B.1.b) Provide analysis and conceptual design of stormwater or erosion control
improvements, when directed individually by the City. The work will
generally include the following elements:
B.1.b) 1. Preparation of detailed hydrologic and hydraulic models of
localized areas.
B.1.b) 2. Preparation of conceptual plans to deal with the flooding
problems.
B.1.b) 3. Prepare of conceptual cost estimates for budget purposes.
B.1.b) 4. Preparation of a letter report documenting findings.
B.1.b) 5. Review of existing city ordinances or preparation of new city
ordinances addressing stormwater or erosion control issues.
PAGE 8 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
C.1.1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT.
C.1.2 Standard construction drawings and standard specifications.
C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access. To assist in providing access to public and private property when required
in performance of ENGINEER's services.
C.3 Staff Assistance. Designate the City Engineer (or another individual designated in
writing) to act as its representative in respect to the work to be performed under this
AGREEMENT, and such person shall have complete authority to transmit
instructions, receive information, interpret and define CITY'S policies and decisions
with respect to materials, equipment, elements and systems pertinent to the services
covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including "potholing".
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
PAGE 9 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Compensation
Attachment D
COMPENSATION. The CITY agrees to pay, as compensation for services set forth in
Attachment B, the following fees, payable monthly as each Phase of the work progresses;
and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly
invoices based upon actual hours or work, invoiced according the Rate Schedule provided
in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by
such documentation as the CITY may require in substantiation of the amount billed.
D.1 Total Compensation.
D.1.1 For the work under this project the total maximum billing including direct
costs and subconsultant services shall be Fifty Five Thousand Dollars and no
cents ($55,000.00) which amount shall not be exceeded without further
written authorization by CITY.
D.2 Subconsultants and Other Professional Associates. Services of
subcontractors and other consultants shall be compensated for at actual cost.
Use of sub-consultants shall be authorized in advance by CITY.
D.3 Other Direct Costs.
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel
by personal or firm automobile shall be compensated for at the rate currently
allowed by the IRS.
D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.
D.3.3 Any other direct costs shall be compensated for at actual when authorized in
advance by CITY.
DA Additional Services. Unless otherwise provided for in any accepted and
authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in Attachment D.
D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall
be paid for services performed to the effective date of termination.
D.6 Conditions of Pam ent.
D.6.1 Payments shall be made based on actual hours worked using the rates in
ATTACHMENT E and expenses incurred as indicated within this
AGREEMENT and shall be due and owing within thirty days of
ENGINEER'S submittal of his progress payment invoices.
PAGE 10 OF 13
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the
submittal of any progress payment invoice, ENGINEER may, after giving
fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are
delayed or suspended for more than ninety days for reasons beyond
ENGINEER'S control, ENGINEER may, after giving fifteen days written
notice to CITY, request renegotiation of compensation.
PAGE 11 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Billing Rate Sheet
Attachment E
Allowance for Office Work:
Project Principal
$ 150/hour
Project Manager
$ 130/hour
Senior Project Engineer
$ 135/hour
Project Engineer
$ 115/hour
RE Specialist
$ 100/hour
Project Planner
$ 100/hour
Engineer Intern III
$ 95/hour
Engineer Intern II
$ 90/hour
Engineer Intern 1
$ 85/hour
Engineering Technician III
$ 90/hour
Engineering Technician II
$ 75/hour
Engineering Technician 1
$ 65/hour
CADD Technician
$ 75/hour
Construction Manager
$ 80/hour
Construction Inspector
$ 60/hour
Survey Party Chief
$ 85/hour
Field Technician
$ 45/hour
GIS Project Manager
$ 115/hour
GIS Specialist III
$ 110/hour
GIS Specialist 11
$ 90/hour
GIS Specialist 1
$ 80/hour
GIS Technician
$ 50/hour
GIS Analyst
$ 80/hour
System Analyst
$ 80/hour
Administrative
$ 50/hour
Allowance for Travel:
Total mileage traveled for field and office visits
@ current government rate (currently $0,55/mile).
Reproduction costs:
In-house reproduction Outside reproduction
8-1/2"x11" black/white $ 0.08/each Cost plus 15%
8-1/2"x11" color $ 0.16/each
11 "x17" black/white $ 0.89/each
11 "x17" color $ 1.78/each
22" x 34" black/white $ 1.50/each
Black and White Plots $ 18.00/each
Color Plot $ 28.00/each
Miscellaneous expenses and fees:
Cost plus 15%
PAGE 12 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Schedule
Attachment F
F. SCHEDULE. The schedule for engineering services for the fiscal year 2010-2011
PROJECT is provided as follows:
F.1. Notice to Proceed: July 1, 2010 (or when Agreement is fully executed)
F.2. Contract Expiration: June 30, 2011
F.3. Project reviews shall be completed in 10 working days by ENGINEER
F.4. Schedule for other assignments to be established at the time assignment is
made to ENGINEER.
PAGE 13 OF 13
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: FINAL PLAT - TULSA TECHNOLOGY CENTER
DATE: August 6, 2010
BACKGROUND:
The City of Owasso has received a request for consideration and appropriate action related to the
review and acceptance of the Tulsa Technology Center Final Plat.
LOCATION:
The property is generally located 1/4 of a mile north of East 106th Street North and just east of the
Owasso Expressway.
CURRENT ZONING:
Office Medium and Commercial Shopping
SURROUNDING ZONING:
North: City of Owasso Commercial Shopping
East: City of Owasso Agricultural
South: Tulsa County Agricultural
West: City of Owasso Agricultural
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.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building
footprint are presented in the site plan. Once a site plan is approved, the development is clear to
apply for a building permit and to submit construction plans for the building's foundation,
plumbing, electrical system, and HVAC.
FINAL PLAT REVIEW PROCESS:
The Final Plat review process is initiated when a property owner submits an application to the City
of Owasso requesting the review and acceptance of a subdivision of land. The application shall be
accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot
on one block the applicant may forego the Preliminary plat review, in such case the applicant will
be responsible for submitting a certified abutting property owners report at the final plat stage so
that staff may notifying abutting property owners.
Upon receipt of a complete application city staff will begin reviewing the proposal for compliance
with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications.
The proposed final plat will then be presented to the Owasso Technical Advisory Committee
(TAC) for review and recommendation. At that meeting utility providers and city staff are
afforded the opportunity to comment on the technical aspects of the development proposal. The
TAC will forward a recommendation to the Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the application is
compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The
Planning Commission will forward a recommendation to the City Council.
The Owasso City Council will then determine if the final plat meets city specifications and
approve, deny, or approve the final plat with conditions.
If the City Council approves the Final Plat the applicant will then produce copies of the approved
Final Plat for signatures from the appropriate officials and file it with the county clerk's office.
The applicant will provide the city with three signed and recorded plats along with an 8 '/2 X 11
copy and an electronic copy for records.
ANALYSIS:
The current owner/developer of the subject property plans to develop the area with a college
campus on one lot comprised of approximately fifty-three acres of land. The property has frontage
along North 140"' Avenue East, and the main access point into the campus will come from this
road. A secondary access point into the campus will come from the east off North 145"' East
Avenue.
According to the Owasso Land Use Master Plan, a college is an appropriate use for the location.
Considering this statement, the Tulsa Technology Center Final Plat conforms to the goals,
objectives, and policies of the Owasso Zoning Code and Land Use Master Plan.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including, but not limited to, paved streets and sidewalks. The proposed
development will require no further expansion of utilities or infrastructure. Sewer service will be
provided by the City of Owasso, while water service will be provided by the Washington County
Rural Water District 93. The site will be platted with internal public utility easements that will
serve the facility.
TECHNICAL ADVISORY COMMITTEE:
The Tulsa Technology Center Conditional Final Plat was reviewed at the Technical Advisory
Committee's (TAC) regular meeting on July 28, 2010. A few minor comments were made at the
TAC meeting, which have been addressed.
OWASSO PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their Special Meeting scheduled on
August 9, 2010 at 6:30 pm.
RECOMMENDATION:
Staff intends to recommend approval of the Tulsa Technology Center Final Plat.
ATTACHMENTS:
1. General Area Map
2. Tulsa Technology Center Final Plat
TULSA TECHNOLOGY CENTER I CITY OF OWASSO
8/3/10
j SUBJECT PROPERTY
TT=fIS MAP IS FOR TIVFORMA"T~TC21V PURPOSE ONLY AN.U IS NOT' IN'r ENDfa:D TO
REPRESENT AN ACCURATE AND "I`RUI_ SCAL. . USE OF 1-1-11S MAP IS WITHC7UT
WARRANTY OR. RFPRFSEN'T'ATTON BY CITY OF OWASSO OF PTS ACCURACY.
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
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BONDED ABSTRACTER'S CERTIFICATE
STATE Di N(WIWA 1
GWXTY OF 1 55
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10M MM WLY 4, AWSIMCnW N Am MM TE SAE WIMItt KE STATE HEREBY
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OX(ANOMY �
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
DAN YANCEY
CHIEF OF POLICE
SUBJECT: PROPOSED AMENDMENT OF CURFEW FOR
MINORS ORDINANCE
DATE: August 6, 2010
BACKGROUND
Section 10-410 of the Owasso Code of Ordinances titled "Curfew for Minors" mandates that
juveniles may not be present in public places in the City of Owasso between the hours of
midnight and 5:00 a.m. As defined within the ordinance, the definition of a "public place"
includes the City's streets, sidewalks, parks, stores, shops, restaurants and other places to which
the general public has access. Whenever a juvenile is found to be in violation of this ordinance,
a citation is issued; in some cases the minor is taken into custody until he or she can be released
to their parents. If a citation is issued, the minor must appear before the Owasso Municipal
Court, although the Municipal Court may transfer the matter to the Owasso Youth Court for
adjudication if deemed appropriate. Assuming the Municipal Court retains the action, the Judge
may impose a fine, community service, or other appropriate sentence upon the juvenile offender.
Likewise, the Youth Court may take similar action other than the imposition of a fine.
For some time, the City's Municipal Prosecutor and Municipal Judge have expressed concern
regarding adjudication of curfew violations. Specifically, they note that sections (13)(2) and
(D)(2) within the ordinance exempt a minor from the City's curfew if the minor is performing
"an emergency errand or specific business or activity directed or permitted by his parent,
guardian, custodian or other adult having the care and custody of the minor." While neither the
Judge nor Prosecutor contest that a parent should have the right to deploy their child on an
emergency errand, even during the hours the curfew is in effect, they both believe that the
provision allowing a minor to pursue "specific business or activity" should be removed from the
ordinance. Their recommendation is based upon a misuse of this language in several cases
wherein minors were issued citations for loitering or standing about without obvious purpose at a
convenience store or other 24 hour business in the middle of the night. However, when the
matter was heard by the Judge in the Municipal Court, parents appeared with their children and
informed the court that the child had parental permission to be out after curfew and was
performing a task or activity directed or pern-litted by the parent. Based upon the parents'
representations to the court and the exemptions within section 10-410, the Judge felt constrained
l
to dismiss those cases. Subsequently, the court has raised this issue for Staff and City Council
review and consideration.
Proposed amendments to section 10-410 are shown on the attached ordinance. The revisions
include removal of the language "or specific business or activity" from both sections (13)(2) and
(D)(2) as well as the word "permitted" from section (B)(2). This amendment would prohibit
minors from being present in public places during curfew hours except when the minor is
performing an "emergency errand" at the direction of their parent or guardian. An "emergency
errand" has also been defined in section (A)(6) as an errand "that if not promptly performed
threatens the health or safety of the minor or the minor's household and may result in damage to
property, accident, bodily injury illness or death." The court would be charged with the task of
determining whether or not a minor was performing an emergency errand directed or permitted
by his or her parent or guardian at the time the citation was issued.
Clearly, the proposed amendment would restrict the exemptions currently contained in the
curfew ordinance by only allowing minors to be in public places after curfew when there is a
significant reason for them to do so. Essentially, the proposed amendment removes discretionary
authority from a parent or guardian to sanction their child's participation in an activity that takes
place during curfew hours in a public place. Likewise, discretionary authority to send their child
on a valid but non-emergency errand is also abrogated by the proposed amendment. The Owasso
Police Department and Chief Yancey are supportive of the proposed amendment.
A number of municipalities have adopted curfew ordinances with restrictive provisions like those
in the proposed amendment that only permit curfew exemptions upon proof that the minor was
acting pursuant to a bona fide emergency. In fact, many municipalities have limited this
exemption to medical emergencies only. In most cases, it appears that while many parents
supported the curfew and its objectives, others protested the loss of discretionary parental
decision-making authority. The courts have upheld and affirmed the right of a municipality to
adopt and enforce basic juvenile curfew ordinances unless provisions within an ordinance are
discriminatory or otherwise fail to afford equal protection to all citizens. While the right of
parents to make decisions for their children is an important right that courts refuse to dismiss
lightly, an ordinance may be constitutional even when it infringes upon this fundamental right if
it promotes a compelling governmental interest. Most certainly, deterring juvenile crime is a
priority issue for communities, courts, police departments and parents. Whether or not
restricting juvenile curfew exemptions to "emergency errands only" significantly furthers this
goal is a question to be determined by each municipality adopting a curfew ordinance.
The proposed amendments to the Curfew for Minors ordinance are offered for the City Council's
consideration and discussion and possible future action. Recognizing that this restrictive
amendment has advantages and drawbacks, staff presumes that the Council may wish to consider
the ordinance and alternatives before this item is placed on an agenda. As always, staff will be
happy to provide any information or research requested by the Council.
ATTACHMENTS
Proposed Ordinance - Curfew for Minors
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 10, OFFENSES & C
OFFENSES AGAINST THE HEALTH, WELFARE AND MOIA
CURFEW FOR MINORS, OF THE CODE OF ORDINANCES OF TI
OKLAHOMA, AMENDING SAME BY REMOVING LANGUAGE
FROM CURFEW WHO ARE PERFORMING SPECIFIC BUS]
DIRECTED BY A PARENT OR GUARDIAN AND ADDITIONA
TERM "EMERGENCY ERRAND" AS USED IN THIS SECTION.
THIS ORDINANCE AMENDS PART 10, CH . %tOF
OF ORDINANCES BY AMENDING SECTION BE IT ORDAINED BY THE CO
THAT, TO-WIT:
SECTION ONE (1):
Welfare and Morals, S
Owasso, Oklahoma, A
ES, CHAPTER 4,
SECTION 10-410,
ITY OF OWASSO,
VIPTING MINORS
S OR ACTIVITY
DEFINING THE
CITY OF OWASSO CODE
OWASSO, OKLAHOMA,
FSix, Offenses against the Health,
Code of Ordinances of the City of
following terms shall have the meanings respectively ascribed
person under the age of eighteen (18);
the natural or adoptive parent of a minor;
3. "Guardian" is any person other than a parent who has 'legal guardianship of a minor;
4. "Custodian" is any person over the age of twenty-one (21) years who is in loco parentis to a
minor;
5. "Public Place" means any street, alley, highway, sidewalk, park, playground or place to
which the general public has access and a right to resort for business, entertainment or other
lawful purpose. A public place shall include, but not be linvted to, any store, shop,
restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and
any other place devoted to amusement or entertaimrnent of the general public. It shall also
include the front or immediate area of the above, and
6. "Emergency Errand" includes, but is not limited to, an errand that if not promptly
performed threatens the health or safety of the minor or the minor's household and
may result in damage to property, accident, bodily injury, illness or death.
B. It is unlawful for any minor to remain, wander, stroll or play
cruise about without a set destination in any vehicle in, about
between the hours of 12:00 midnight at night and 5:00 A.11i
1. The minor is accompanied by a parent, guardian.1
custody or control of such minor;" .
2. The minor is on an emergency errar
wed by his parent, guardian or otl
minor; or
3. Where the presence of sic„ minor is
employment, trade, profess ccux
C. It is unlawful for any person, firm or
knowingly permit or suffer the preset
Subsection B of~his section.
D. It is unlawfit t oar any parent, guardian,
~
of any minor d stiffer or permit or by r
place within the city between the hours
provisions-of this section do not apply
37rppblic place on foot or to
i any public place in the city
morning on any day unless:
adult person having
fleltivillY curetted or
the care and custodv of the
or required by some legitimate
or having charge of any public place to
epthe hours of curfew designated in
cus ian or other adult person having custody or control
ieffic control to allow such person to be on any public
of cu w designated in Subsection B of this section. The
The mirror is accompanied by a parent, guardian, custodian or other adult person having the
care, custody or control of the minor;
The minor isoi an emergency errand directed by his
parent, guardians; custodian or other adult having the care and custody of the minor;
3. The parent; guardian or other adult person herein has made a missing person notification to
the city police department;
4. Within one hour following the ending, closing, adjournment or dismissal of a meeting,
service or activity of, and sponsored by, a public school, church or religious organization,
which has been participated in or attended by such minor who is returning directly to his
home or place of abode; or
5. When a minor has in his possession a written exemption granted by the chief of police of
the city.
2
E. The council may permit by resolution or motion procedures for advance notice or registration with
the city of special events or functions sponsored by churches, schools, clubs or other organizations
which require minors to be out at a later time. The council may also prescribe the procedures for
taking into custody minors found in violation of this section.
F. A parent, guardian or custodian, of such minor, may file a written application directed to the chief
of police of the city who may grant a special exemption of enforcement of the curfew provided by
this section being required as to such minor, which exemption shall not exceed five (5)
consecutive days, or in the alternative, two (2) days of any week for a period not to exceed thirty
(30) days. All requests shall be filed with the city clerk of the4ity.
G. The chief of police shall have the authority to grant or reject any request for an exemption to
SECTION TWO (2): REPEALER
All ordinances or parts of sin conflict with this ordiWce are hereby repealed to the extent
of the conflict only.
are"'deemed unconstitutional, invalid or ineffective, the
but shall remain in full force and effect.
EFFECTIVE DATE
The provisi
passage as 1
shall become effective thirty (30) days from the date of final
SECTION FIVE (5): CODIFICATION
This ordinance, as amended, shall be codified in Part 10, Chapter 4, as section 10-410 in the Owasso
Code of Ordinances.
enforcement of the curfew provided by this secti n iSii~ may reduce the time limit of such
exemption. However, any applicant for such exe eling aggrieved by the action of the
chief of police, may file a request for hearing b~ re the judge of the municipal court of the city
who shall summarily hear same, and his jud - nt shall be, final.
H. Any law enforcement officer who shall witness a ti t 'section may take such offender
into his custody to be prosecuted for such violatio ire the posting of a sufficient bond for
such minor's appearance in cout~. or may place them the custody of his or her parents or
some responsible person.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
_ 12010.
3
SECTION THREE (3) SEVERAB
ATTEST:
Sherry Bishop, City Clerk
(S E
APPROVED
Doug Bonebrake, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: ANGELA HESS
FINANCE DIRECTOR
SUBJECT: UTILITY SERVICE FEES
DATE: August 6, 2010
BACKGROUND:
City Staff is engaged in an analysis of existing rates and fees. Central to this process is a
comparison of current rates and fees with those of surrounding cities.
A number of the services provided by the City are supported by rates and/or fees. In
some cases, these rates and fees have been implemented over the years to offset a portion
of the costs of delivering those services and in some cases to provide additional funding
to increase the flexibility and availability of services to our citizens. In other instances
the City has never passed on costs for the delivery of the service. In comparison, other
municipalities have implemented fees for services such as administrative fees, reconnect
fees, and re-read fees.
The City is below market when compared to other municipalities in the amount charged
for water deposits, cost of establishing service, overhead costs for servicing delinquent
accounts, and addressing customer requests for re-reads of individual meters.
The purpose of this memo is to facilitate further discussion with the City Council
regarding potential increases to current utility fees deemed necessary not only to continue
providing services to the citizens of our community, but also to offer increased or
additional services.
Meter Re-Read -
Resolution No. 87-05 authorizes the collection of a fee in the amount of $5 for each
instance wherein a water customer requests their meter be re-read for the purpose of
validating an initial reading. The resolution provides that no charge shall be levied in the
event the read was in error. The City has not typically charged the $5 fee for requests to
re-read a customer's meter; therefore associated costs with dispatching a Public Works
employee to a customer's residence to re-read meters are being absorbed by the City.
With this in mind, City staff is proposing an increase in the current fee for re-reads from
Memo
August 6, 2010
Page 2 of 3
$5 to $15, for re-reads that are deemed to be correct upon a second read being completed
by a Public Works employee.
Meter Lock/Pull -
The City currently experiences approximately 75 cut-offs per month for non-payment on
utility accounts. In the event that a resident's service is disconnected due to non-
payment, the City currently assesses a charge of $25 in the form of a default payment fee.
However, the city does not assess a charge to the citizen when a meter is locked or
pulled. Public Works employees are required to lock or pull the meter once the account
has been cut off for non-payment. Subsequently the Public Works employee is dispatched
to reinstall or unlock the meter once the account has been brought current. This process
is time consuming and costs the city in time and labor.
In order to cover the cost of administrative services and employee labor, staff is
proposing the establishment of a $50 fee to be applied to accounts where a meter is
required to be locked or pulled as a result of non-payment on a utility account. The fee
would be split and applied as an additional $25 refundable deposit to the customer
account and a $25 non-refundable fee to cover the associated costs incurred as a result of
dispatching a Public Works employee to lock or pull the meter. The increased $25
refundable deposit would provide additional security against future non-payment of
accounts, thus helping to insure the City against repeatedly delinquent accounts.
Non-sufficient Funds -
Non-sufficient Fund (NSF) charges currently applied to a customer's account total $15
per item returned. This fee is significantly less than that charged by most municipalities
and retailers. The average NSF fee typically ranges from $20 to $40 per returned check.
Staff is proposing increasing the current NSF fee from $15 to $25.
Service Initiation -
Non-Refundable Service fees are characteristically charged by most municipalities. This
fee is charged when establishing new service, transferring service, or making changes of
any kind to a customer account. These fees typically range from $10 to $25 for each
account being established or transferred. The City of Owasso does not currently charge a
fee for new service or for transfers outside the required $50 deposit. Staff is proposing the
establishment of a non-refundable Service Initiation Fee of $10, to be charged when
establishing or transferring service from one residence to another.
Utility Deposit -
In November of 1987 Trustees of the Owasso Public Works Authority, by virtue of
Resolution No. 87-05, established a requirement for a deposit in the sum of $50 prior to
the initiation of any utility services from the Authority. Utility deposits have not been
Memo
August 6, 2010
Page 3 of 3
increased since that time. According to staff's research, cities throughout the area charge
significantly higher deposits which vary according to the customer's credit history and
whether it is a residential, rental, or commercial property. Staff is proposing an increase
in utility deposits for rental and commercial properties from $50 to $100. Deposits for
residential properties would remain at $50.
A table outlining the proposed changes for each item is provided below:
Fee Description
Current Fee
Proposed Fee
Meter Re-Reads
$5.00
$15.00
Meter Lock/Pull
$0.00
$50.00 ($25 Non Refundable-$25 Additional Deposit)
NSF Fee
$15.00
$25.00
Service Initiation
$0.00
$10.00
Utility Deposit
$50.00
$100 (Commercial and Rental Properties)
REVENUE CALCULATION:
Using data from previous years, staff estimates that proposed fee increases have the
ability to generate approximately $46,575 in additional annual revenue. These revenues
would be used to cover general administrative and labor costs relating to the provision of
utility services.
Fee Description
Annual
Revenue
Estimated Revenue Calculation
Meter Re-Reads
$2,625
175 customers @ $15
Meter Lock/Pull
$22,500
75 shutoffs per month @ $25 (remaining $25 used as deposit)
NSF Fee
$1,450
145 returned checks annually
Service Initiation
$20,000
2000 new service, transfers, account change requests per year
Utility Deposit
-
(Refundable deposits considered non-revenue)
Total
$46,575
Additional revenue gained front fee increases
MEMORANDUM
TO: WARREN LEHR
ASSISTANT CITY MANAGER
FROM: KARL FRITSCHEN
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: DEVELOPMENT FEE REVIEW AND SUGGESTIONS
DATE: July 16, 2010
BACKGROUND:
The Community Development Department recently compiled information comparing Owasso
development fees to other comparable communities. The information collected focused on the
following areas: rezoning applications, site plans, plats, annexations, and signs. The last time
development fees were modified in the Community Development Department was in 2007.
Since that time, the overall administrative costs have increased. The current fee structure for
development applications does not take into account costs associated with mailing notices to
surrounding property owners, which accounts for a significant amount of staff time and postage
expense.
The purpose of this memo is to facilitate further discussion with the City Council regarding the
Community Development Department fees and to see if they are in conformity with the other
communities evaluated. Additionally, the purpose of this study is to determine if the City fully
accounts for the administrative costs associated with preparing a development application in
relation to the fee.
DISCUSSION:
For the most part, Owasso appears to be in conformity with other comparable communities
around the Tulsa and Oklahoma City areas. However, when looking beyond Oklahoma at
comparable communities (i.e. Overland Park, Kansas) Owasso was significantly lower in the
development fees charged to customers. Based on a review of fees from comparable jurisdictions
as well as assessing administrative costs, the staff submits the following proposed increases to
the current development fees:
Rezoning Applications -
The Community Development department currently charges a flat fee of $300.00 for a rezoning
application regardless of the lot size or the number of notices mailed to property owners. Staff
believes the rezoning fee should be adjusted to reflect the size of the parcel involved and the
associated administrative costs. The review of comparable cities indicates that most communities
base their fees in one of two ways. The first method is to look at the fee based on the intensity of
the use proposed and the second is based on total acreage involved in the rezoning request. The
City of Olathe, Kansas bases their rezoning fee on both intensity and acreage. The communities
evaluated did not charge a flat fee for a rezoning application similar to Owasso.
Staff proposes to adjust the City of Owasso's rezoning application fee based on the size of the
tract involved. In addition to the base fee, many communities charge an amount for recovering
their notification costs. The City of Broken Arrow for example charges $2.00 per notice mailed
to cover postage and staff time. Considering the research, the fee structure shown in the table
below is proposed for rezoning applications:
Property Acreage
Current Fee
Proposed Fee
0-.99 acres
$300.00 + $0.00
$100 + $2.00 per notice mailed
.99 to 5 acres
$300.00 + $0.00
$200 + $2.00 per notice mailed
5 to 9.99 acres
$300.00 + $0.00
$300 + $2.00 per notice mailed
10 to 1999 acres
$300.00 + $0.00
$400 + $2.00 per notice mailed
19.99 acres and greater
$300.00 + $0.00
$500 + $2.00 per notice mailed
Revenue Calculation
The Community Development Department processed two rezoning cases last year. Applying the
proposed fee structure described above, the City would have increased its revenue by $126.00.
The table below compares the current with the proposed fee structure:
Case
Acreage
Notices
Mailed
Revenue from
Current Fee
Revenue from
Proposed Fee
OZ 09-01
27
34
$300.00
$568.00
OZ 09-02
.5
29
$300.00
$158.00
Total
$600.00
$726.00
Planned Unit Developments -
Owasso appears to be in conformity with the base fee other communities charge for a Planned
Unit Development (PUD) application. However, most comparable cities are weighing the fee
based on the number of lots within the proposed PUD and a few cities have a fee for a major or
minor amendment. Owasso charges a flat fee for a PUD application regardless of the complexity
of the development or the number of lots involved. A major amendment would be one that
significantly alters the PUD (usually greater than 10% in terms of the density or reduction of
open space) and requires Planning Commission and City Council approval. A minor PUD
amendment would be one that staff can administratively approve.
Another factor to consider, is HB 1424, which requires notifications be mailed to all property
owners within a 1/4 mile radius of a rezoning for apartment complexes. Depending on the number
of required notifications to be mailed to surrounding property owners, this has the potential to
significantly increase administrative costs. A major PUD amendment requires staff to re-
advertise and mail notices again. A minor PUD, because it is done at staff level, does not require
notices, but still requires extra staff time to process and review the application Based on a
review of the information collected from other communities, the following fee is suggested for a
PUD:
• Base fee to remain at $300.00
$5.00 for each lot created
$2.00 for each notice mailed
• Major PUD Amendment: $250.00
$2.00 for each notice mailed
• Minor PUD amendment: $30.00
Revenue Calculation
The Community Development Department processed two PUD cases last year. Applying the
proposed fee structure described above, the City would have increased its revenue by $97.00.
While this increase does not seem substantial, a large complex PUD with multiple lots would
yield considerably more revenue. The table below compares the existing fee structure with the
proposed fee structure:
Case
Lots
Notices Mailed
Revenue from
Current Fee
Revenue from
Proposed Fee
OPUD 08-03
5
20
$300.00
$365.00
OPUD 09-01
2
11
$300.00
$332.00
Total
$600.00
$697.00
Plats -
Overall, Owasso is consistent with other comparable communities for plat reviews. However,
addressing a subdivision plat takes a significant amount of time, especially for large complex
developments such as Lake Valley. Considering this, the following fee structure is proposed in
addition to the base application fee of $300.00 for a final plat and $200.00 for a preliminary plat:
• $2.00 per lot for addressing
Revenue Calculation
The Community Development Department processed two residential plats last year, which
consisted of 147 total lots. Applying the proposed fee stricture described above, the City would
have increased its revenue by $294.00.
Subdivision Name
Lots
Revenue from
Current Fee
Revenue from
Proposed Fee
Burberry Place
89
$500.00
$678.00
Nottingham Hill
58
$500.00
$616.00
Total
$1000.00
$1294.00
Annexation -
Owasso does not charge a fee for annexations and most communities that were examined do not
charge a fee. However, some cities charge a fee for each notification mailed to cover
administrative costs and postage. A nominal fee for an annexation petition is not inappropriate
and it is felt this would not act as a deterrent for annexing into the City, as most individuals
seeking annexation desire City services. Additionally, such a fee serves to recover material
(mailing labels, paper, etc.) and basic administrative expenses.
Given the information above, the following fee structure for annexation petitions is proposed:
• $25.00 flat fee
• $2.00 per notice mailed
Revenue Calculation
The Community Development Department processed seven annexation cases last year. Applying
the proposed fee structure described above, the City would have increased its revenue by
$757.00.
Case
Notices Mailed
Revenue from
Current Fee
Revenue from
Proposed Fee
OA 09-01
97
$0.00
$219.00
OA 09-02
39
$0.00
$103.00
OA 09-03
26
$0.00
$77.00
OA 09-04
10
$0.00
$45.00
OA 09-05
30
$0.00
$85.00
OA 09-06
39
$0.00
$103.00
OA 09-07
50
$0.00
$125.00
Total
$0.00
$757.00
Sign Permits -
The current sign fee ($20.00) charged by the City of Owasso is significantly less than comparable
cities. Most communities assess a fee between $50 and $100 for a sign permit. Some cities
determine the cost based the square footage of the sign, however it is felt that calculating the cost
of the sign based off size may be too cumbersome and that approach is not recommended.
Additionally, most businesses want the height more than the square footage.
In order to promote better looking, less obtrusive signs in the community and follow the principal
behind the Quality of Life Initiative, one option is to scale the fee based on the type and height of
the sign. The staff suggests that this option could provide an incentive mechanism for businesses
to utilize shorter signs and promote more monument style signs. Using this concept, the
following fee adjustment for a sign permit is proposed:
• Raising the sign permit from $20.00 to $50.00 for all ground and wall signs
• Signs between 0 and 10 feet $50.00
• Sign above 10 feet, up to the 30 foot maximum allowed, the fee would go up at a rate of
$20.00 per foot to a maximum of $450.00 (20 feet x $20 + $50 = $450).
• Wall signs $50.00
Revenue Calculation
The Community Development Department permitted 13 pole and ground signs last year and 50
wall signs. Considering the formula described above, the City would have increased its revenue
by $4010.00.
Number of Signs
Height
Revenue from
Current Fee
Revenue from
Proposed Fee
1
36'
$20.00
$450.00
3
30'
$60.00
$1350.00
4
16'
$80.00
$680.00
1
15'
$20.00
$150.00
1
10'
$20.00
$50.00
3
5'
$60.00
$150.00
50 wall signs
n/a
$1000.00
$2500.00
Total All Signs
$1320.00
$5330.00
Note: All sign permits would also include a $25.00 fee for electrical connection, but this
was not figured in to the revenue number, because no increase is proposed for the
electrical connection.
Park Development Fee -
Owasso currently charges $300.00 per residential permit for a park development fee. The
premise behind the park development fee is that the added population from the new development
necessitates the need for the City to provide more parks and equipment. One factor to consider
when evaluating this fee is whether or not the developer is providing a recreational amenity
within the development. The concept behind the park development fee is that if a developer
chooses to provide a recreational feature, it places less strain on the City park facilities.
However, if a developer chooses not to provide an amenity feature, then it is assumed that the
new residents will use public park space in the City outside the development. Consider the
above conclusions, the following fee structure is proposed for the park development fee:
• $300.00 per residential permit if the development is providing an amenity feature
• $400.00 per residential permit if the development is not providing an amenity feature
Revenue Calculation
Owasso issued 146 residential permits without recreational amenities in 2009, yielding
$43,800.00 in park development fees. Using the proposed formula described above, the park
development fees collected would total $58,400.00; an increase by $14,600.00 in the park
development fund (146x100). The suggested fee is structured on the assumption that dwelling
units increase population, which in turn increases use of and need for more public park facilities.
A developer providing a park or recreational feature within the development captures a portion of
these users, so the fee should take this into account.
Landscape Plan Fee -
A landscape plan is required as part of the development review process. Typically, the
developer's site designer will include the landscape plan with the site plan, and other times it
may be submitted separately or not at all. Overall, there is inconsistency with this item, making
it difficult for the City Inspector to conduct a final inspection prior to issuing a certificate of
occupancy.
Broken Arrow charges no fee for the landscape plan if it is submitted with the site plan packet,
because they feel that the material is routed as a package one time. If the landscape plan is
submitted separately, then they charge anywhere from $35 to $75 depending upon the size and
complexity of the project, because they treat it as a separate submittal.
Since Owasso's landscape ordinance is relatively weak in comparison with other communities, it
is felt that this fee should reflect the simplicity of the current ordinance in terms of the time it
takes to review a landscape plan. Over the coming months the Community Development
Department intends to strengthen the landscape ordinance, which may require the need to revisit
this fee again at a future date. Considering the aforementioned information, staff proposes at this
time the following fee for reviewing a landscape plan:
• $20.00 for a separately submitted landscape plan
• No charge if the landscape plan is submitted with site plan
Board of Adjustment -
Owasso's application fee for the Board of Adjustment is consistent with other comparable
communities. However, the current fee is not sufficient to recover administrative costs, such as
mailing notices as required by state law. Therefore, the staff is proposing the following fee
adjustments:
0 $2.00 per notice mailed
Revenue Calculation
The Community Development Department processed six Board of Adjustment cases last year.
Applying the proposed fee structure described above, the City would have increased its revenue
by $368.00.
Case
Notices Mailed
Revenue from
Current Fee
Revenue from
Proposed Fee
OBOA 09-01
70
$300.00
440.00
OBOA 09-02
10
$300.00
320.00
OBOA 09-03
29
$300.00
358.00
OBOA 09-04
25
$300.00
350.00
OBOA 09-05
16
$300.00
332.00
OBOA 09-06
34
$300.00
368.00
Total
$1800.00
$2168.00
SUMMARY:
After reviewing the fees associated with land development applications, the staff determined that
the current fee structure does not adequately take into account the administrative cost associated
with preparing notices, postage, or using supplies. Most of the comparable communities used in this
research are recouping these costs in some form, typically associating it with postage expense and
staff time for mailing and preparing notices.
The fee adjustments proposed with this memo are not inconsistent with other communities. The
proposed fee structure would have increased revenues in the Community Development Department
by a total amount of $20,252.00. Please note that the revenue increases shown with this memo
reflect 2008-09 data, which was during a weak economic period. Therefore, the potential revenue
increases would be much higher during a more robust period.
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: WATER CONNECTION FEES
DATE: July 6, 2010
BACKGROUND:
A water connection fee in the City of Owasso represents the cost of material and labor for
installing a new water service meter. Water connection fees should reflect the cumulative total
costs associated with providing the service to the customer (in this case, the builder). The fee
includes the installation of the water meter and reflects material costs of items such as the meter
can, saddle, valve, and pipe In addition, an administrative fee of $50 is charged as part of the
total connection fee. The current water connect fee has not been revised or updated since its
initial adoption in 1998. Upon a thorough review of the current costs for the installation of water
meters, staff is proposing an adjustment in connection fees for water service in order to reflect
full, current costs. Staff is not proposing an increase in the wastewater collection connection fee
($400 per connection) at this time.
WATER CONNECTION FEE DETERMINATION:
A summary table of the meter, materials, labor and other costs, and the existing and proposed
connection fee is shown as follows:
TABLE 1
COMPARISION OF METER AND MATERIAL COST AND CONNECTION FEE
Service Connection Size
Meter and Other Costs
Existing Connection Fee
Proposed Connection Fee
3/4"
$630
$500
$700
1"
$860
$700
$900
1-1/2"
$1,695
$1,500
$1,750
2"
$2,375
$1,675
$2,500
3"
$1,760
$0
$1,810
As the City continues to grow, the need for larger water meters will be required to handle the
necessary capacity and flow for certain types of commercial buildings. As a result, the staff is
proposing a 3" water connection fee be included in this resolution. Above in Table 1, the cost
shown for a 3" meter includes the $50 administrative fee. It is important to note that the 3" water
meter connection fee is less than the 2" water meter fee. For new water service installations that
require a 3" or larger water meter, the majority of the labor and material (except for the purchase
of the meter) is done by the builder or developer, thus resulting in a smaller water connection
fee.
COMPARISION OF CONNECTION FEES:
Table 2 is a comparison of water connection fees for communities in the Tulsa metropolitan area.
TABLE 2
COMPARISION OF CONNECTION FEES IN TULSA METROPOLITAN AREA
Water Connection Sizes
3/»
112»
2»
39
Owasso Existing
$500
$700
$1,500
$1,675
$0
Owasso Proposed
$700
$900
$1,750
$2,500
$1,810
Broken Arrow
$380
$475
$2,380
$3,570
$6,315
Claremore
$500
$660
$1,040
$1,350
N/A
Sand Springs
$750
$1,000
N/A
$2,125
N/A
Sapulpa
$750
$1,250
N/A
N/A
N/A
Bixby
Builder is responsible for the meter set
Bartlesville
$500
$590
$1,190
$1,725
N/A