HomeMy WebLinkAbout2011.07.12_Worksession AgendaTYPE OF MEETING:
DATE:
TIME:
PLACE:
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Special
July 12, 2011
6:00 p.m.
Old Central Building
109 N. Birch
AGENDA FILE
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 08, 2011. _
0
qulatnn M. Stevens, D puty City Clerk
AGENDA
Call to Order
Mayor Bonebrake
2. Discussion relating to Administrative items
Ms. Bishop
Attachment # 2
A. Proposed Budget Amendment in the General Fund, Fire Services Department for
the SAFER Grant
4.
B. Proposed Contract between the City of Owasso and the Fraternal Order of Police
(FOP) Lodge # 149 for FY 2011-2012.
C. Payback Assessments for the 76th Street Sanitary Sewer Interceptor and Garnett
Regional Detention Facility
Discussion relating to Operational Items
Mr. Lehr
Attachment # 3
A. Final Plat - Reserve at Elm Creek
B. Final Plat - Christian Brothers Automotive
C. OZ 11-03 - Re- zoning Application for the Northeast Corner of Garnett Road and
96th Street North
D. OPUD 11 -01 - Planned Unit Development Application for Crown Colony II
E. Bid Advertisement - Purchase of Cardboard Compactor and Bin
F. Proposed Agreement between the City of Owasso and the Oklahoma
Department of Transportation for the 86th Street Widening Project and the 106th
and Garnett Intersection Improvement Project
Discussion relating to City Manager Items
Mr. Ray
Attachment # 4
A. Surface Transportation Project Funding for the 76th Street Widening Project
B. Discussion Relating to Private Stormwater System Improvement Policy
C. Proposed Ordinance - Amendments to Part 4, Animal Regulations of the Owasso
Code of Ordinances
D. Discussion relating to the 2011 CDBG Project
Owasso City Council
July 11, 2011
Page 2
E. Discussion Relating to the Mayor's Appointments to Citizen Boards and
Committees
F. Discussion relating to Citizen Proposal to Call a Bond Election
G. City Manager Report -
1. Sales Tax Report
5. 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(6)(1).
Mayor Bonebrake
6. Report from City Councilors
7. Adjournment
The City Wit7aut Limits,
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Angela Hess
Finance Director
SUBJECT: Supplemental Appropriation for SAFER Grant
Federal Fiscal Year 2012
DATE: July 8, 2011
BACKGROUND:
In September 2010, the City of Owasso Fire Department applied for the Department of
Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program.
The grant application was for the funding of six career firefighter positions to be hired by the
Owasso Fire Department. On June 3, 2011 the US Fire Administration announced the City of
Owasso had been awarded the SAFER Grant.
The SAFER Grant program will fund firefighter positions not currently budgeted for in FY12. The
grant award will fund the following maximum reimbursement amounts for Year 1(FY 2012) and
Year 2 (FY 2013):
Year 1: actual cost, up to $430,452 (includes salary & benefits for 6 firefighters)
Year 2: actual cost, up to $445,523 (includes salary & benefits for 6 firefighters)
Year 3: 100% of expenses associated with the 6 firefighters would be paid by the City
The total grant funds to be received are $875,979 for the two years of the grant. With the
addition of the six firefighters the fire department will be closer to obtaining the desired staffing
levels which have been outlined in the plan and will increase the City's opportunity for improving
the overall ISO (Insurance Services Rating) rating.
RECOMMENDATION:
Staff intends to recommend City Council approval of a budget amendment in the General Fund
increasing estimated revenues by $430,452 and increasing the appropriation for expenditures in
the General Fund by $430,452.
r1,e City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Michele Dempster
Hurnan Resources Director
SUBJECT: Fraternal Order of Police (FOP)
Fiscal Year 2011-12 Contract
DATE: July 8, 2011
BACKGROUND:
Negotiations between the City and the Fraternal Order of Police (FOP) have reached a
tentative agreement. The proposed fiscal year 2011 -2012 contract provides for a one -year
contract that includes the one -time pays incorporated in the 2011 -2012 budget providing
increases to eligible members of the bargaining unit.
The agreement provides for the following changes...
➢ Recognition of ranks of Senior and Master Patrolman (title recognition only, no correlating
adjustment in pay).
➢ Option to convert December's Holiday pay to Vacation leave.
➢ Increase in flexibility for scheduling of officers assigned to Community Policing.
➢ On call pay for officers required to be on call by the courts.
➢ Increase of $25 per month in health premiums which will be waived for members who
elect to participate in a Biometrics screening.
➢ Reduction in time period required for "acting" assignment pay for Sergeants and
Lieutenants.
➢ Continuation of existing contract language on all other issues.
➢ The contract does not contain any across - the -board increases.
The total increased cost of this contract is $31,230.
COMMENTS:
Both the Lodge members and the City administration worked hard to develop an agreement
that is in the best long -term interest of the citizens and the officers and maintains the fiscally
conservative, proactive approach utilized by the City. Credit is due to both teams and their
Chief Negotiators - Ken Yount for the FOP and Warren Lehr for the City.
RECOMMENDATION:
The staff intends to place this item on the City Council agenda for action at the July 19, 2011
regular council meeting.
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Angela Hess
Finance Director
SUBJECT: Garnett Detention Facility- Assessment Rate
East 76th Street North Sanitary Sewer Interceptor - Assessment Rate
DATE: July 8, 2011
BACKGROUND:
In 2007, the City Council approved Ordinance No. 903 establishing the Garnett Regional Detention
Area and establishing a mandatory assessment in lieu of detention for all undeveloped properties in
the Assessment Area.
In 2009, the City Council approved Ordinance No. 935 establishing the 76th Street Sewer Interceptor
Assessment Area and assessing a mandatory per -acre fee for connection to the 76th Street Sewer
Interceptor.
Both of these ordinances specify that the assessment amount will be established through adoption
of a resolution after the project has been completed and all costs have been paid. Both of these
projects are nearing completion and recommendation for acceptance of the projects is
anticipated in August.
REGIONAL DETENTION FACILITY ASSESSMENT FEE:
The Assessment Area established for the regional detention facility includes 118 acres. The final cost
of the project is expected to be $3,420,408, providing an assessment rate of $28,987 per acre or
$0.6655 per square foot, as specified by the ordinance. The assessment rate for the Regional
Detention Facility is to be established by resolution of the City Council.
76TH STREET SEWER INTERCEPTOR ASSESSMENT FEE:
The Assessment Area established for the sewer interceptor includes 3575 acres (excluding the
lake and Patriot golf course). The final cost of the project is expected to be $4,469,073, providing
an assessment rate of $1,250 per acre, as specified by the ordinance. The assessment rate for
the 76th Street Sewer Interceptor is to be established by Resolution of the OPWA Trustees.
PROPOSED ACTION:
Final acceptance of these projects is expected in August. At that time, staff intends to
recommend approval of resolutions establishing these two assessment rates.
RECOMMENDATION:
Staff intends to recommend City Council approval of a Resolution establishing the per square
foot assessment rate of $0.6655 per square foot for the Garnett Regional Detention Assessment
Area per the City of Owasso Code of Ordinances, Section 18 -601.
Staff intends to recommend OPWA Trustee approval of a Resolution establishing an assessment
rate of $1,250 per acre for the East 76th Street North Sewer Interceptor per the City of Owasso
Code of Ordinances, Section 17 -301.
The City Vwlitiout Limits.
TO: The Honorable Mayor and City Council
FROM: Bronce L. Stephenson
City Planner
SUBJECT: Final Plat
Reserve at Elm Creek
DATE: July 8, 2011
BACKGROUND:
The City of Owasso received a final plat for review and approval of the Reserve at Elm Creek.
The Reserve at Elm Creek Final Plat proposes forty one (41) lots in three (3) blocks on
approximately 10.42 acres of property. The applicant wishes to plat the property for the
development of a single - family residential subdivision. The subject property is located near the
northwest corner of the intersection of 66th Street North and North 129th East Avenue. The zoning
on the property is governed under a PUD (PUD- 04 -01), with Agricultural (AG) underlying zoning.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use
Jurisdiction
Plan
Agricultural
Single - Family
North
(AG)
Residential and
Residential
Tulsa County
Agriculture
PUD -10 -01 and
Single - Family
South
Agricultural
Residential and
Residential
Tulsa County
AG
Agriculture
Agriculture
Single - Family
East
(AG)
Residential and
Residential
Tulsa County
Agriculture
Agriculture
Single - Family
West
(AG)
Residential and
Residential
Tulsa County
Agriculture
ANALYSIS:
The subject property was part of a PUD that was approved in 2004 (PUD- 04 -01) and consisted of
a residential subdivision. The original PUD expired, but was approved again in 2010 (PUD- 10 -01)
and consisted of the same residential concept with the same lot layout. A preliminary plat for
the development was reviewed and approved by the Planning Commission. Part of the PUD
approval for PUD -10 -01 was to allow lots that are smaller than currently allowed by the Owasso
Zoning Code. This final plat would develop a portion of the PUD for the Reserve on Elm Creek
with forty one (41) lots in three (3) blocks on approximately 10.42 acres of property. The lots
range in size from 0.12 acres up to 0.31 acres, and the majority of the lots have lot frontages
around fifty two (52) feet wide.
The Reserve on Elm Creek would be accessed with an entrance from North 129th East Avenue.
The plat shows roads and easements that will allow future development to connect to the
Reserve at Elm Creek from the south, west, and east. A reserve area is shown on the plat that is
proposed to be used as a park area. Detention is proposed in an area to the northwest of the
plat. A one hundred (100) foot GRDA utility easement lies along the eastern side of the subject
property. Appropriate utility and drainage easements are proposed throughout the plat that will
allow for the movement of stormwater and the placement of utilities that will serve this
development and future developments in the area.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the final plat for the Reserve at Elm Creek at their
regularly scheduled meeting on June 22, 2011. No major comments were brought forward by
the members of TAC, and only minor corrections were required on the plat.
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements including but not limited to paved streets, landscaping, and
sidewalks. Additionally, any covenants and restrictions that were approved as part of PUD -10 -01
shall be strictly adhered to. Sanitary sewer, police, fire, water, and EMS service will be provided
by the City of Owasso. The property will be subject to all payback fees, including the Storm Siren
fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of
City Council approval or it shall be null and void.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on July 11, 2011.
RECOMMENDATION:
Staff intends to recommend to City Council approval of the final plat for the Reserve at Elm Creek
subject to Planning Commission recommendation.
ATTACHMENTS:
A. Final Plat Reserve at Elm Creek
B. Area Map
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FINAL PLAT OF
THE RESERVE ON ELM CREEK
PART OF THE EAST HALF (E /2) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION THIRY -TWO (32), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF
THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF
REserve on Elm Creek - OPUD 10-01
1:9028 City Council 07/0612011 W.
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso staff for the most up-to-date information.
nTity Wi,rut Limits.
TO: The Honorable Mayor and City Council
FROM: Bronce L. Stephenson
City Planner
SUBJECT: Final Plat
Christian Brothers Automotive
DATE: July 8, 2011
BACKGROUND:
The City of Owasso received a final plat for review and approval of Christian Brothers
Automotive. Christian Brothers Automotive proposes one (1) lot on one (1) block on
approximately 0.645 acres of property. The applicant wishes to plat the property for the
development of an automotive repair facility, for which they recently were granted a Specific
Use Permit. The subject property is to the southeast of the Caudle Center commercial
development located at the southwest corner of the intersection of Garnett Street and 96th
Street North. The zoning on the property is governed under a PUD (PUD- 02 -01), with Commercial
Shopping (CS) underlying zoning.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
PUD -02 -01
Commercial
Commercial
Owasso
South
Commercial
Stormwater
Commercial
Owasso
General CG
Detention
Agricultural
Single - Family
East
(AG)
Residential &
Commercial
Owasso
Agricultural
West
PUD -02 -01
Commercial
Commercial
Owasso
ANALYSIS:
The final plat for Christian Brothers Automotive consists of one (1) lot on one (1) block on
approximately 0.645 acres. The applicant is platting the property for the purposes of developing
an automotive repair facility. The subject property is to the southeast of the Caudle Center
commercial development located at the southwest corner of the intersection of Garnett Road
and 96th Street North. The lot will be accessed from an internal drive that currently serves the
Caudle Center. Additionally, a secondary access point is required for fire safety, so a mutual
access easement is proposed along the northern property line that will eventually allow access
between the properties. There is a drainage easement along the south side of the property that
will provide the City with access to the Garnett Regional Detention facility located immediately
south of the subject property. This property is subject to Garnett Regional Detention Facility
payback, which is due at the time of final platting of the property. The subdivision regulations
state that any final plat that is not recorded in Tulsa County within 6 months of approval shall be
null and void.
Technical Advisory Committee:
The Technical Advisory Committee reviewed the final plat for Christian Brothers Automotive at
their regularly scheduled meeting on June 22, 2011. No major comments were brought forward
by the members of TAC, and only minor corrections were required on the plans
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements including but not limited to paved streets, landscaping, and
sidewalks. Additionally any covenants and restrictions that were approved as part of PUD 02 -01
shall be strictly adhered to. Sanitary sewer, police, fire, water, and EMS service will be provided
by the City of Owasso. The property will be subject to all payback fees, including Storm Siren
fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of
City Council approval.
Planning Commission
The Owasso Planning Commission will review this item at their regular meeting on July 11, 2011.
RECOMMENDATION:
Staff intends to recommend City Council approval of the final plat for Christian Brothers Automotive,
subject to Planning Commission recommendation.
ATTACHMENTS:
A. Final Plat Christian Brothers Automotive
B. Area Map
Final Plat
Christian Brothers Automotive Center
Owasso Addition.
Deed of Dedication APART OF THE NORTHEAST QUARTER (NE OF SECTION 19
TOWNSHIP 21 NORTH, RANGE 14 EAST
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6. INGRESS, "EGNESS AND WAI.RWAYS.
SURVEYOR:
Benchmark Surveying &
Land Services, Inc.
P.O. Box 1078
Owasso, Oklahoma 74055
Phone: (918) 274 -9081
OWNER /DEVELOPER: ENGINEER
Christian Brothers Cross Engineering Consultants, Inc
Automotive Corporation 106 W Louisiana St
15995 N Borker Landing, Suite 145 McKinney, Texas 75069
Houston, Texas 77079 Phone: (972) 562 -4409
Phone: (281) 870 -8900 ext.105
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Christian Urothe, A --cinE Cenrer
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June 26, 2017
Christian Brothers Automotive Final flat
Owasso City
1:4514 07106/2011
Council
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso staff forth most up -to -date information.
Oe T Ciiy Witiout Lit-nits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
City Planner
SUBJECT: OZ 11 -03 (Rezoning of a 2.2 acre tract to CG)
DATE: July 8, 2011
BACKGROUND:
On June 2, 2011 the City of Owasso received a rezoning application for review and approval of
a request to rezone a tract of land from AG (Agricultural) to CG (Commercial General). The
subject property is located at the northeast corner of the intersection of East 96th Street North
and North Garnett Road.
SURROUNDING LAND USE /ZONING DESIGNATIONS:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Commercial
Vacant
Commercial
Tulsa County
General CG
South
Agriccuullture
Agricultural
Commercial
Owasso
East
Agriculture
Single - Family
Commercial
Owasso
AG
Residential
West
Commercial
Vacant
Commercial
Owasso
General CG
ANALYSIS:
The applicant has submitted an application to rezone a 2.2 acre tract of land at the northeast
corner of East 96th Street North and North Garnett Road from AG (Agricultural) to CG
(Commercial General). The requested rezoning is necessary for the subject property to develop
as a commercial entity. The area has seen light commercial development recently, but is
anticipated to be an area of major commercial development and growth in the near future.
The Owasso 2025 Land Use Map calls for this area to be commercial in the future, so this
requested rezoning would be in compliance with the goals stated in the plan.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved drives, storm water detention,
sidewalks and landscaping. Sanitary sewer service, water service, fire protection and EMS will be
provided by the City of Owasso. This property is subject to Garnett Regional Detention Facility
payback, which is due at the time of final platting of the property.
Letters were mailed to surrounding property owners within 300' of the subject property and the
notification was published in the Owasso Reporter.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on July 11, 2011.
RECOMMENDATION:
Staff intends to recommend City Council approval of OZ 11 -03 subject to Planning Commission
recommendation.
ATTACHMENTS:
A. Location Map
OZ 11 -03 - RozoliAing from AG to CG
i 1:4514 City Council 0710612011 VIV
t
u
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso staff for the most up -to -date information.
OZ 11 -03 - Rezoning from AG to CG
1:4514 City COUncil fQ 1 01 I r.
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso staff for the most up -to -date information.
The �CIt�l AVW_Vi'_ Ouf LItYiftS,
TO: The Honorable Mayor and City Council
FROM: Bronce L. Stephenson
City Planner
SUBJECT: Planned Unit Development
Crown Colony II
DATE: July 8, 2011
BACKGROUND:
The City of Owasso received a Planned Unit Development (PUD) for review and approval of a
development called Crown Colony II. The subject property was part of a PUD that was
approved in 2005 (PUD- 05 -01) and consisted of a residential subdivision. The Crown Colony II
PUD proposes five hundred fifty (550) residential lots on approximately 166.28 acres of property.
The subject property is located along East 76th Street North between North 129th East Avenue
and North 145th East Avenue. The underlying zoning is RS -3.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
Single - Family
Single - Family
North
Residential
Residential
Residential
Tulsa County
Estate (RE)
Agriculture
Agricultural &
South
(AG)
Single - Family
Residential
Tulsa County
Residential
Single - Family
Single - Family
East
Residential
Residential
Residential
Tulsa County
Estate RE
Single - Family
Single - Family
West
Residential
Residential
Residential
Tulsa County
Estate RE
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control, and where a
detailed development plan outlining the development of the tract as a unit is proposed and
submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance
in accordance with a complete and coordinated plan of development for a larger parcel,
rather than piecemeal individual changes using the variance process.
ANALYSIS:
The subject property was part of a PUD that was approved in 2005 (PUD- 05 -01) and consisted of
a residential subdivision. The original PUD has expired and the applicant is returning to reapply
for the PUD, utilizing the same design and concept from the original PUD. Part of the PUD
approval for PUD -05 -01 was to allow lots that are smaller than currently allowed by the Owasso
Zoning Code. The standards outlined in the PUD are shown here:
*Items shown in italics are those that differ from City Code
If the PUD were to be approved, the applicant would return with a Final Plat for review and
approval. The PUD is approval of the uses, the overall plan, and the concept for the
development. A Homeowners Association will be formed after the development has begun and
will be responsible for maintenance of the common areas, landscaped entrances, and all other
landscaped areas.
According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on
any PUD application and determine the following:
1. Whether the PUD is consistent with the Comprehensive Plan.
2. Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3. Whether the PUD is a unified treatment of the development possibilities of the project site.
4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b. To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c. To provide and preserve meaningful open space; and
d. To achieve a continuity of function and design within the development.
The proposed PUD would have two access points, both connecting to East 76th Street North.
Being conceptual at this stage, staff will have ample time to work with the developer to address
issues and concerns that may come up throughout the development process.
The staff published legal notice'of the PUD request in the Owasso Reporter and mailed notices to
property owners within a 300' radius of the subject property.
City Code Requirements
Proposed PUD
Permitted Uses
RS -3 Standards
Per RS -3 Standards
Minimum Lot Size
7,000 sq. ft.
5,000 sq. ft.
Max. Bldg Height
Not Listed
2 Stories
Front Setback
25 ft.
20 ft.
Corner Setback
15 ft.
15 ft.
Rear Setback
20 ft.
15 ft.
Side Setback
5 ft.
5 ft.
Min. Lot Frontage
65 ft.
50 ft.
Min. Lot Depth
Not Listed
100 ft.
*Items shown in italics are those that differ from City Code
If the PUD were to be approved, the applicant would return with a Final Plat for review and
approval. The PUD is approval of the uses, the overall plan, and the concept for the
development. A Homeowners Association will be formed after the development has begun and
will be responsible for maintenance of the common areas, landscaped entrances, and all other
landscaped areas.
According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on
any PUD application and determine the following:
1. Whether the PUD is consistent with the Comprehensive Plan.
2. Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3. Whether the PUD is a unified treatment of the development possibilities of the project site.
4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b. To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c. To provide and preserve meaningful open space; and
d. To achieve a continuity of function and design within the development.
The proposed PUD would have two access points, both connecting to East 76th Street North.
Being conceptual at this stage, staff will have ample time to work with the developer to address
issues and concerns that may come up throughout the development process.
The staff published legal notice'of the PUD request in the Owasso Reporter and mailed notices to
property owners within a 300' radius of the subject property.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of residential. As previously stated, it is the desire of the applicant to
develop the area for residential use.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
This proposal appears to be consistent with the current and expected development of the area,
and offers a variety of residential lot sizes in an area that has larger estate lots and agricultural
acreage tracts. This is an area of town that has seen recent development with the Champions
subdivisions and Crown Colony I subdivisions and will likely be an area of future residential and
light commercial development. Staff has been contacted by neighboring property owners
within Tulsa County who have concerns over the traffic that would be created by the addition
of up to 550 dwellings and only two entrances, and also about the lack of transition or buffer
between the smaller lots proposed and the larger estate lots that make up a number of the
surrounding area. Consideration may be given to providing additional access points to a
development of this size and also to transition between the proposed smaller lots and the larger
estate lots located adjacent to the subject property in order to address some of the residents'
concerns.
FUTURE PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the applicant
will be required to adhere to all City of Owasso subdivision regulations and engineering
requirements. On -site detention is required and will be further defined at the platting and
construction drawing stage. Any future development on the property will be served sewer from
the City of Owasso and water from Rogers County Rural Water District 2.
This property falls within the area that is served by the newly completed 76th Street Interceptor
sewer line. Previously, this area was slow to develop due to sanitary sewer not being readily
available and the cost to extend sewer service was quite large. Due to the recent completion
of the interceptor line, this area will likely see more intense urban development.
TECHNICAL ADVISORY COMMITTEE:
Because this item was unchanged from the original PUD approved in 2005, this item was not
taken to the TAC for additional review. When this development is platted, it will go to the TAC at
that time.
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on July 11, 2011.
RECOMMENDATION:
Staff intends to recommend City Council approval of the PUD for Crown Colony II subject to
Planning Commission recommendation. Staff would recommend the Planning Commission and
City Council consider discussion of additional access to the PUD in order to address concerns of
neighboring property owners.
ATTACHMENTS:
A. Crown Colony PUD
B. Area Map
is I
al
646-86'
WEST
1323,62, 1323.55'
S 89'56'45' E S 89'56'44' F
R 13 E
66
Location Map
ic-';LE- -F-2 w
LEGAL DESCRIPTION
THE EAST HAJ,F OFTHE.NORTFIAVEST QUARTER
THE, SOI:-r.fl"7VESTQtiARTI'---RO.,-.
.14 E/41) AN L) If - tE \VJST IIALF OF'I HL SOU'llMAS'f QuARMI R 01'
'11HE NOR *11:11
QUAR-FL!'(W2 NIN-2d..."'E; ) w AND N
4) HE NORTH.' [ALF OFTIJE
NOR'llIfEAST SO"'THWES I QUAR11.1-1,(K.'2 Mj I
S WM) OF SECT-4 ON TO VV14 S' M P 21 NORTB,R.A.N. OF 14 -A ST OF
I I IE I B & Nt. T j LS A COUNTY. OKLA [ i 0 0 1'11H
U.-M.T.J."t Sl A OVI:q'
ik TRACT Of: LAND LOCATED IN 'nm NN'; EST iiALr (W"'22')(JE--Fl!E
NORI II.M.31% Q(j.-!u:).-I"'.R (' !A'.'4)
(N F,"4) OF SECTION THIRTY'-THRF , (333), TOVVNTSFr?
(=1'I N,OkTI.-[,,R.AN(.,EFO(jP\*rl.*,'I.'..-N (11) EASJ'01--rl.rj-, INDIAN BASI...
ANDINIERJMAti il-B & N-1.),
oN GON '-ER.NvI. T S� -RNEY, -HEREOF, TUI-SA
CUV BEING ESCRIBED BY ME11S AND
6.
BOU4D3A:�FOJ.,I.,O-NS,TO-t1,-IT:
OFTflf-'*'4lV,:?2 N%V/4 N E.,"ll OF R
Z � C.33,T-21-N; 1,41
E ALONG'FJJL� NjORTHLINL w'.;2 A
INSTANCE' OF 173.516 FEET'; EA kNICE OF
30,00 FE'EU; rlfI-'-NCE S4-` 36'1 7': ',%A i)IS-I-,',-MCE OF 17-1.39
W A t7iSt ANCi` 01: 991,14 TO.A ON rill.F.
P\189'581-18" GVA
XF-4! THENCE N 00--8': E A DrSTANCEE OF FEET TO THE
P0114.1, cw t4 ING.
LESS AND EXCEPI'
A TRACT OF LAND IN THE NE/4, NW/4 OF SECTION
33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE
!-B. &M-, TULSA COUNTY, OKLAHOMA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
.1 Iff N:
SAID S I ' 1 " 10 NT 33: T. 11. 1.--, N CE . 1-�.A Sl A D, I S J'. A N. CIE. Or 1 r 0 F
POINT OF BEGINNING; I"! iENCES 011 ',AulSlANCTC-rI.,'
:3 fi.AV ING A RADIUS OF'50!
AND CIIOPD OF 5111010` iii 90.gr THF.NCE?N 4'0`0'11-,A
36*5232' EA DTSfkNC-OF
THENCE A D.TS7AN(.'R OF TIMMEN-CF.
DISTANCE OF2,I2.52':'rfjL'NCE" WES ['A D'IS'TANCE OF 83
THE POINT OF -B.RGJ"I`;NJN;G.
PROPOSED PLANNED UNIT DEVELOPMENT
LEGAL DESCRIPTION
LEGAL
THE EAST HALF OF THE NORTHWEST QUARTER (E /2 NW /4) AND THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW /4 NE /4) AND THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (W /2
SEA NE /4) AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER (N /2 NW /4 SE /4) AND THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (N /2 NE /4 SW /4) OF
SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA
COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY THEREOF.
AND
A TRACT OF LAND LOCATED IN THE WEST HALF (W /2) OF THE NORTHWEST
QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION THIRTY -
THREE (33), TOWNSHIP TWENTY-ONE-(21) NORTH, RANGE FOURTEEN (14) EAST
OF THE INDIAN BASE AND MERIDIAN (I.B.& M.), ACCORDING TO THE U.S.
GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE NW CORNER OF THE W/2 NW /4 NE /4 OF SEC.33, T -21 -N, R -14 -E,
I.B. &M.; THENCE N 89 °59'48" E ALONG THE NORTH LINE OF SAID W/2 NW /4 NEA A
DISTANCE OF 173.56 FEET; THENCE S 00 °00'12" E A DISTANCE OF 30.00 FEET;
THENCE S 47 036'17" W A DISTANCE OF 177.39 FEET; THENCE S 04 026'44" W A
DISTANCE OF 177.89 FEET; THENCE S 00 °12'58" W A DISTANCE OF 991.44 FEET TO
A POINT ON THE SOUTH LINE OF SAID W/2 NW /4 NEA; THENCE N 89 °58'48" W A
DISTANCE OF 30.00 FEET TO THE SW CORNER OF SAID W/2 NW /4 NEA; THENCE N
00 012'58" E A DISTANCE OF 1318.39 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT
A TRACT OF LAND IN THE NE /4, NW /4 OF SECTION 33, TOWNSHIP 21 NORTH,
RANGE 14 EAST, OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF THE NEA OF THE NW /4 OF SAID SECTION
33; THENCE EAST A DISTANCE OF 15.42' TO THE POINT OF BEGINNING; THENCE S
0 016'13 "W A DISTANCE OF 1043.50'; THENCE N 54 °0'0" E A DISTANCE OF 165.46'•
THENCE 131.72' ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50' AND A
CHORD OF N 54 00'0" E 96.80'; THENCE N 54 °0'0" E A DISTANCE OF 487.26'; THENCE
N 36 052'32" E A DISTANCE OF 51.17'; THENCE N 32 °0'0" E A DISTANCE OF 376.71';
THENCE NORTH A DISTANCE OF 242.52'; THENCE WEST A DISTANCE OF 831.78'
TO THE POINT OF BEGINNING.
PHYSICAL ADDRESS
13500 E 76TH STREET NORTH
OWASSO, OK 74055
RECEIVED
JUN 0 12011
A
BY:(J 5
Submission for:
PLANNED UNIT DEVELOPMENT
CROWN COLONY II
a proposed
Addition to the City of Owasso, Tulsa County
State of Oklahoma
Section Thirty -Three (33), Township Twenty -One (21) North, Range Fourteen (14) East
Submitted to:
CITY OF OWASSO, OKLAHOMA
Prepared by:
Noble Sokolosky
Sokolosky Law Firm
P. O. Box 1013
Owasso, Oklahoma 74055
272 -0270
(fax) 272 -0199
February 28, 2004
RECEIVED
JUN 0 12011
TABLE OF CONTENTS
Development Concept 3
Statistical Summary ................ ............................... 4
Development Standards 5
Homeowners' Association
Platting Requirements 7
Site Plan Review ................... ............................... 7
Expected Schedule of Development ............................ . 7
Maps:
Site Analysis
Underlying Zoning
2
DEVELOPMENT CONCEPT
Crown Colony II is a proposed planned unit development (PUD) comprised of
approximately One Hundred Sixty -Six (166) acres in Southeast Owasso, Oklahoma. The
property is located at 13500 East 76`h Street North. The site is characterized by flat and
gently rolling terrain. The existing soils on the site create no unusual development
problems that are not commonly encountered in most other area developments. Overall,
this site has excellent development possibilities.
The development is a single family residential development bordered by two subdivisions
as well as a few undeveloped tracts. Many prospective residents in today's marketplace
desire smaller, well- maintained yards along with nice homes on smaller lots while others
desire more conventional city lots. This development concept will allow both types of
homes to be developed in a manner that is consistent and well- designed.
3
STATISTICAL SUMMARY
Project Area ± 166.28 gross acres
➢ Residential ± 166.28 gross acres
Maximum Dwelling Units Allowed by Code: 862 DU's
Maximum Dwelling Units Requested: 550 DU's
DEVELOPMENT AREA
RESIDENTIAL:
Single- Family Detached
➢ Total Area: + 166.28 gross acres
➢ Requested Number of Dwelling Units: 500
M
DEVELOPMENT STANDARDS
Single- Family Detached Homesites:
Single- family detached structures intended for individual lot ownership.
➢ Permitted Uses As permitted with' RS 3 D'
➢ Minimum Lot Size
➢ Maximum Building Height
➢ Minimum Front Yard if Abutting
Public Street
➢ Corner Lot Minimum Side Yard
Abutting Public /Private Street
➢ Minimum Lot Frontage*
➢ Minimum Lot Depth
➢ Minimum Rear Yard
➢ Minimum Side Yard
m - istnct,
By right or special exception
5,000 sq. ft.
2 stories
20 ft.
15 ft.
50 ft.
100 ft.
15 ft.
5 /5 ft. or0 /10 ft.
* Cul -de -sac and pie shaped lots may have less than minimum frontage measured at
building lines.
Other Requirements:
It is intended that a preliminary and final plat will be submitted for the residential
development areas that are consistent with the concepts and development standards set
forth above. Additional requirements or modifications may be established by the city of
Owasso Planning Commission and the Owasso City Council pursuant to their review.
5
HOMEOWNERS' ASSOCIATION
The Homeowners' Association to be established will be responsible for the maintenance
of the detention area, landscaped entrances, and all other landscaped buffers and islands,
if any. These areas are to be created by the developer and turned over to the Association
for maintenance. In the event the Association fails to maintain these areas in a proper and
safe manner, the City of Owasso will have the right to maintain these areas and assess
each lot. Should payment by any member not occur, the City of Owasso and the
Association will have the right to lien the delinquent member's real property within the
platted area.
Final documents on the Association will be filed in the future which will address rights and
requirements for association members.
PLATTING REQUIREMENT
No building permit shall be issued until the property has been included within a subdivision
plat submitted to and approved by the Owasso Planning Commission and the Owasso City
Council and duly filed of record, provided, however, that the development area may be
platted in phases. Restrictive covenants shall be established which are not inconsistent
with the terms hereof and where appropriate, the City of Owasso shall be made a
beneficiary thereof.
SITE PLAN REVIEW
No building permit shall be issued for the construction of buildings within a development
area until a site plan of the development area has been submitted to and approved by the
city of Owasso Planning Commission as being in compliance with the PUD Development
Concept and the Development Standards. Separate building plans may be submitted for
individual home construction afterthe subdivision has been given final approval bythe City
of Owasso.
EXPECTED SCHEDULE OF DEVELOPMENT
Development of the Addition is anticipated to commence upon approval and of zoning and
platting.
7
i
I
3
b
N
a
646.86'
WEST
Conceptual o •
S89.58'41'E
1950.0'
1323,55'
E
9 89.56'44' E
:166.28 acre tract
Presently Zoned RS -3 and A_
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661,47'
S89.57'22'E
LM
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0710612011
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso staff for the most up -to -date information.
The City Yvif�7out Limits.
TO: The Honorable Chair and Trustees
Owasso Public Works Authority
FROM: Tim Doyle
General Services Superintendent
SUBJECT: Solar Hybrid Compactor
DATE: July 8, 2011
BACKGROUND:
In an effort to increase recycling opportunities in Owasso, the City began a cardboard recycling
program in 2007. The program is designed to remove cardboard from the refuse collection
stream and reduce the volume of recyclable material entering the local landfills. The City
discontinued collecting loose cardboard from the curb -side refuse service and residents were
encouraged to remove cardboard from the trash and recycle it for free at the Recycle Center.
In 2007, the City entered into an agreement with National Waste to place an open top 40 yard
roll off container at the Recycle Center for the collection of cardboard, and haul the container
to Service Recycling, LLC in Joplin, Missouri once maximum capacity has been reached. The
City pays National Waste $60.00 for each transported container. In order to achieve maximum
capacity prior to hauling, the recycle center staff utilizes a backhoe to tap and compress the
cardboard into the container. The City receives $110.00 per ton from Service Recycling, LLC for
the collected cardboard.
The Recycle Center has experienced a significant increase in the collection of cardboard
materials and has recently placed a second collection roll off container at the recycle center.
Cardboard recycling operations are averaging the removal of 9.75 roll off containers per month
(2.44 /week) holding approximately 1.63 tons of cardboard per container. The average monthly
cost of the cardboard recycling program is $585, with the City receiving approximately $1,600
per month in return from Service Recycling, LLC.
With continued advancement in technology and the City's desire to operate efficiently, the staff
has monitored various commodity compaction methods. Published research shows that waste
compaction using an enclosed container can reduce truck emissions by over 70% and
significantly decrease hauling costs when compared to open top containers.
PROPOSED EQUIPMENT:
The staff is suggesting the purchase of a solar powered hybrid stationary compactor to advance
the current recycling operation using minimal equipment procurement and no additional
staffing requirement. The benefits of using a solar powered approach are sustainability, lower
installation costs, minimal operation costs, carbon footprint reduction, and an environmentally
friendly approach to compaction of a variety of materials such as cardboard and plastics. The
approximate cost to purchase a solar hybrid compactor and a 40 cubic yard enclosed
container is $36,000.
Staff estimates a stationary compactor could accumulate an average of 5 tons per container
(38 annual roll offs) in comparison to the current 1.63 tons per container (1 17 annual roll offs),
thus reducing the occurrence of container roll offs by 79 annually and representing an annual
savings of $4,740.00. In addition, the installation of a stationary compactor and removal of the
portable containers will create space for a metals collection container, a service not currently
available to the recycling community. The staff anticipates revenue received from the sale of
recycled metals will further reduce the payback period for the compactor.
FUNDING:
Funding for the proposed solar powered, stationary compactor with a 40 yard enclosed
container is available in the Recycle Center Division Budget.
ADVERTISEMENT FOR BIDS:
The staff is in the process of developing bid specifications for one (1) Solar Hybrid Compactor
with one (1) 40 cubic yard enclosed container for advertisement in August. An item will be
included on the September City Council worksession to review the received bids.
V
nTity Wit aut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Project Administrator
SUBJECT: Proposed Resolution Authorizing Execution of Agreement
Oklahoma Department of Transportation Right -of -way,
Public Utility & Encroachment Agreement for 106th & Garnett
Intersection Improvements
Proposed Resolution Authorizing Execution of Agreement
Oklahoma Department of Transportation Right -of -way,
Public Utility & Encroachment Agreement for
86th Street North Memorial Drive to Main Street Widening Project
DATE: July 12, 2011
106th & GARNETT INTERSECTION IMPROVEMENT PROJECT:
In November of 2005, City Council approved Resolution No. 2005 -15 amending the priority
determination of Capital Improvements projects funding to include conceptual design of four
roadway intersections in Owasso. Included in that list is the North Garnett Road and East 106th
Street North Intersection Improvement Project, which was approved as a project by City Council
in March of 2009. In February 2009, the Oklahoma Department of Transportation (ODOT)
approved $750,000 in Federal grant funding for the project. The City of Owasso entered into an
agreement with ODOT accepting the grant funds and defining the City's responsibilities within
the project: project design, right of way acquisition, and utility relocation costs. Along with the
aforementioned responsibilities the City is be responsible for the remainder of construction costs
over and above the $750,000 ODOT grant. The estimated construction cost is $1,900,000.
86TH STREET WIDENING PROJECT:
In July of 2006, the City Council approved an agreement with Tulsa County to provide
improvements on East 86th Street North from Main Street to Memorial Road. Said improvements
consist of roadway widening, drainage improvements, and signalization at the 86th Street &
Memorial Road intersection. As per the agreement, Tulsa County is to apply $1 million dollars in 4-
to -Fix funds, along with available monies from the Oklahoma Department of Transportation
(ODOT), while the City of Owasso is responsible for project design, right of way acquisition, and
utility relocation costs.
CURRENT PROJECT STATUS:
As of this date, all right of way acquisitions for both projects have been completed. utility
relocations for the 106th & Garnett intersection are slated to start, and all utility providers with the
exception of AT &T have completed utility relocations along 86th Street from Main Stree t to
Memorial Road.
RESOLUTION:
Given that both improvement projects are located within the city limits of the City of Owasso, it
is necessary for the City to enter into an agreement which outlines the responsibilities of each
entity in each project. ODOT has prepared project Agreement(s) (see Attachments A & B) to
outline the responsibilities of the City of Owasso and ODOT for the completion of improvements.
Per the agreement, the City of Owasso agrees to the following:
➢ To grant ODOT all right of way needed for the construction of improvements as shown on
project plans.
➢ To remove all encroachments as shown on project plans.
➢ To provide and maintain detour routes as shown on project plans.
➢ To maintain the roadway and all traffic control signals, speed limit signs, and other traffic
control signs.
To contribute funding for utility relocation as shown on project plans.
As stated in paragraph 6 of the Agreements, the City must authorize the execution of the
Agreements by City Resolution. Staff intends to place separate Resolutions to this effect on the
July 19, 2011 City Council agenda for consideration and appropriate action.
PROJECT FUNDING:
Funding for both projects is included in the Capital Improvements Fund.
RECOMMENDATION:
1. Staff intends to recommend City Council approval of a Resolution authorizing the Mayor
to execute a Right -of -Way, Public Utility and Encroachment Agreement for Project No.
STP- 172A(462)UR, Job No. 26599(04), 106th & Garnett Intersection Improvements between
the Oklahoma Department of Transportation and the City of Owasso.
2. Staff intends to recommend City Council approval of a Resolution authorizing the Mayor
to execute a Right -of -Way, Public Utility and Encroachment Agreement for Project No.
STP -172A (346)IG, Job No. 24037(04), 86th Street North Memorial Drive to Main Street
Widening Project between the Oklahoma Department of Transportation and the City of
Owasso.
ATTACHMENTS:
A. Project Agreement - 106th & Garnett
B. Project Agreement - 86th Street Widening
26599 agrmts.wpd Population 18,502
RIGHT -OF -WAY, PUBLIC UTILITY
AND ENCROACHMENT AGREEMENT
This Agreement, made and entered into this day of , 20 , by and
between the City of Owasso, Tulsa County,Oklahoma, hereinafter called the City and the
Department of Transportation of the State of Oklahoma, hereinafter called the Department,
Witnesseth:
That for and in consideration of the covenants and agreements hereinafter set forth, it
is mutually agreed by and between the parties hereto as follows:
In connection with the location and improvement of a portion of the City Street
System within the corporate limits of the City, now designated as intersection modification
and traffic signals at 106th Street and Garnett Road under plans and specifications for
STP- 172A(462)UR, Job No. 26599(04).
WHEREAS, legislative authorization and the rules, regulations, and policies of the
Department provide the basis of cooperation between the parties to effect such highway
improvements.
NOW, THEREFORE, the parties hereto agree as follows:
The City agrees:
To the location of said highway, acknowledges receipt of and adopts the
plans for said project as the official grade and drainage plans of the
Underwriter for the streets, boulevards, or arterial highway included therein.
Further, and in addition to the provisions contained elsewhere herein, City
hereby grants to the Department access to and the use of all rights -of -way
belonging to or controlled by the City and City shall not permit the vacation
of any such street, alley or other rights -of -way without the prior written
approval of Chief, Right of Way Division, Department of Transportation,
State of Oklahoma.
2. That prior to the advertising of the project for bids (as to that part of the
project lying within the present corporate limits) it will:
Page 1 of 7
(a) Grant to the Department and its contractors, the right -of -entry to all
existing streets, alleys, and City owned property when required, and
other rights -of -way shown on said plans.
(b) Remove at its own expense, or cause the removal of, all
encroachments on existing streets as shown on said plans, including
all signs, buildings, porches, awnings, porticos, fences, gasoline
pumps and islands, and any other such private installations. Said
removal shall be accomplished immediately on execution of this
agreement and shall include necessary legal action where required.
(c) Prohibit parking on that portion of the project within the corporate
limits of the Local Public Agency.
(d) Comply with the Department's standards for construction of driveway
entrances from private property to the highway, in accordance with
the Department's manual entitled "Policy on Driveway Regulation for
Oklahoma Highways ", Rev. 5/96, 69 O.S. (2001) § 1210.
(e) Maintain all right of way acquired for the construction of this project,
as shown on said plans, in a manner consistent with applicable
statutes, codes, ordinances and regulations of the Department and
the State of Oklahoma.
3. That City will:
(a) Determine and locate, with the Department's approval, a detour route
over existing city streets, if a re- routing of traffic or a detour is
necessary during the period of construction.
(b) Be responsible during or subsequent to construction, for all costs for
the operation and any maintenance necessaryto the approved detour
route over existing City streets, or any other street as a result of
additional traffic.
(c) Be responsible for all costs for repairs or maintenance to any City
street, during or subsequent to construction, which results from
additional traffic where construction is performed under traffic.
26599 agrmts.wpd Page 2 of 7
(d) To the extent permitted by the Oklahoma Governmental Tort
Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and
by Oklahoma Constitution Article 10, section 26 and as otherwise
permitted by law, the City shall indemnify and save harmless the
Department, it's officers and employees, and shall process and
defend at it's own expense all claims, demands, or suits whether in
law or equity brought against the City or the Department arising from
the City's execution, performance, or failure to perform, and
provisions of this agreement or alleged negligence in the location,
design, construction, operation, or maintenance of a portion of the
City Street System within the corporate limits of the City. Provided,
nothing herein shall require the City to reimburse the Department for
damages arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of the Department.
When any alleged act, omission, negligence, or misconduct may be
subject to the limitations, exemptions, or defenses which may be
raised under the Oklahoma Governmental Tort Claims Act, 51
O.S. § 151 et seq., all such limitations, exemptions, and defenses
shall be available to and may be asserted by City. No liability shall
attach to the Department except as expressly provided herein.
e) Comply with all applicable laws and regulations necessary to meet the
Oklahoma Department of Environmental Quality(ODEQ) requirements
for pollution prevention including discharges from storm water runoff
during the planning and design of this project. Further, the City
agrees and stipulates as stated in the ODEQ's General Permit
OKR10, dated September 13, 2002, or latest revision, to secure a
storm water permit with the ODEQ, for utility relocations when
required. It is agreed that the storm water management plan for the
project previously described in the document includes the project
plans and specifications, required schedules for accomplishing the
temporary and permanent erosion control work, the storm water
pollution prevention plan and the appropriate location map contained
in the utility relocation plans
4. That subsequent to the construction of said project, City will:
(a) Keep all permanent right -of -way shown on said plans free from any
encroachment and take immediate action to effect the removal of any
encroachments upon notification by the Department, including all
necessary legal action when required.
26599 agrmts.wpd Page 3 of 7
(b) Erect, maintain, and operate traffic control signals, including speed
limit and traffic control signs, only in accordance with 47 OS 2001,
Section 15 -104, 15 -105 and 15 -106, and subject to the approval,
direction and control of the Department.
(c) Regulate and control traffic on said project, including but not limited
to, the speed of vehicles, parking, stopping, and turns, in accordance
with 47 OS 2001, 15 -104, et seq. and to make no changes in the
provisions thereof without the approval of the Department.
(d) Maintain all that part of said project within the corporate limits of the
City.
(e) The City shall have the authority pursuant to 69 O.S. 2001 § 1001 and
69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were
acquired for highway purposes as long as such sale is conducted in
accordance with the above cited statutes. Prior written approval by
the Chief, Right -of -Way Division for the Department shall be required
before any sale is made.
5. That all covenants of this Agreement shall apply to any area hereinafter
annexed to the City which lies within the limits of this project.
6. That it will, by resolution, duly authorize the execution of this Agreement by
the proper officials, and attach copies of such resolution to this Agreement.
7. To acquire all right -of -way, if any, be responsible for the total costs for
removing and relocating outdoor advertising signs and for the relocation
assistance payments to persons displaced by reason of the acquisition of
right -of -way and be responsible for the removal or relocation of all utility lines
on public or private rights -of -way to accommodate the construction of this
project.
(a) Transmit copies of the instruments, including all deeds and
easements, to the Department prior to the advertisement of bids for
construction.
26599 agrmts.wpd Page 4 of 7
(b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23
U.S.C.A. § 323 (as amended) and, further comply with 49 C.F.R. Part
24 in the acquisition of all necessary right -of -way and relocation of all
displacees.
(c) That as a condition to receiving any Federal Financial Assistance
from the Department, it will comply with Title VI of the Civil Rights Act
of 1964, 78 Stat. 252.42 U.S.C. 2000d -35 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 Program of the
Department of Transportation- Effectuation of Title VI of the Civil
Rights Act of 1964 ".
8. If the acquisition of right -of -way for this project causes the displacement of any
person, business or non - profit organization, the City will provide and be
responsible for the Relocation Assistance Program and for all costs associated
with the relocation assistance payments. The Department, upon request, will
supply a list of service providers who have been prequalified to administer the
Relocation Assistance Program. The City agrees to employ a service provider
from the Department's prequalified list or advise the Department in writing that
their in -house personnel have the knowledge, skills, & abilities to effectively
manage the Relocation Assistance Program. The City agrees to comply with all
applicable rules, regulations, statues, policies and procedures of both the United
States and the State of Oklahoma and specifically The Uniform and Relocation
Assistance and Real Property Acquisition Act, 49 CFR 24. The City agrees to
create & seat a Relocation Assistance Program Appeals Board pursuant to 49
CFR Sec. 24.10 or submit a written request to the Department requesting that
the Department function in such capacity on behalf of the City. Before any
relocation assistance payments are made by the City, all files with parcels
requiring relocation assistance shall be submitted to the Department for audit &
compliance review by the Department. The Department shall be notified in
writing within seven (7) days of the date of an offer to acquire being provided to
a property owner(s) on any parcel which will require relocation assistance.
Written notifications regarding service providers, in -house personnel, appeals,
offers to acquire, ect. shall be addressed to Acquisition Branch, Right -of -Way &
Utilities Division, Oklahoma Department of Transportation, 200 N.E. 21 st Street,
Oklahoma City, Oklahoma 73105.
26599 agrmts.wpd Page 5 of 7
IN CONSIDERATION of the grants and covenants by the City herein contained and the
faithful performance thereof by the City, the City agrees to construct said project in
accordance with said plans and specifications; provided that the right to review and
approve and to make such changes in the plans and specifications as are necessary for
the proper construction of said project is reserved to the Department.
IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on
the day of , 20_, and the State on the _ day of , 20_.
ATTEST: CITY OF OWASSO
City Clerk
REVIEWED AND APPROVED AS TO
FORM AND LEGALITY
Chief, Legal Division (ODOT)
Mayor
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Director
26599 agrmts.wpd Page 6 of 7
RESOLUTION
WHEREAS, it appearing reasonable and necessary for the CITY OF OAWSSO ,
TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and
Encroachment Agreement in connection with the construction of a public project known as
STP- 172A(462)UR J/P 26599(04), in accordance with the terms and tenor of 69 O.S.
2001, Sections 1205, 1206, 1401 and 1403.
NOW, THEREFORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, sitting in regular session that such contract be entered and that
a copy of same be hereto attached and made a part hereof by reference, all as provided
by law.
ATTEST:
CITY CLERK MAYOR
26599 agrmts.wpd Page 7 of 7
Attachment B
Pop
RIGHT -OF -WAY, PUBLIC UTILITY
AND ENCROACHMENT AGREEMENT
This Agreement, made and entered into this day of , 20 , by and
between the City of Owasso, Tulsa, Oklahoma, hereinafter called the City and the
Department of Transportation of the State of Oklahoma, hereinafter called the Department,
Witnesseth:
That for and in consideration of the covenants and agreements hereinafter set forth, it
is mutually agreed by and between the parties hereto as follows:
In connection with the location and improvement of a portion of the System within
the corporate limits of the City, now designated as 86th street North- Memorial Drive to
Main St. under plans and specifications for STP- 172A(346)IG, Job No. 24037(04).
WHEREAS, legislative authorization and the rules, regulations, and policies of the
Department provide the basis of cooperation between the parties to effect such highway
improvements.
NOW, THEREFORE, the parties hereto agree as follows:
The City agrees:
To the location of said highway, acknowledges receipt of and adopts the
plans for said project as the official grade and drainage plans of the
Underwriter for the streets, boulevards, or arterial highway included therein.
Further, and in addition to the provisions contained elsewhere herein, City
hereby grants to the Department access to and the use of all rights -of -way
belonging to or controlled by the City and City shall not permit the vacation
of any such street, alley or other rights -of -way without the prior written
approval of Chief, Right of Way Division, Department of Transportation,
State of Oklahoma.
2. That prior to the advertising of the project for bids (as to that part of the
project lying within the present corporate limits) it will:
Page 1 of 7
(a) Grant to the Department and its contractors, the right -of -entry to all
existing streets, alleys, and City owned property when required, and
other rights -of -way shown on said plans.
(b) Remove at its own expense, or cause the removal of, all
encroachments on existing streets as shown on said plans, including
all signs, buildings, porches, awnings, porticos, fences, gasoline
pumps and islands, and any other such private installations. Said
removal shall be accomplished immediately on execution of this
agreement and shall include necessary legal action where required.
(c) Prohibit parking on that portion of the project within the corporate
limits of the Local Public Agency.
(d) Comply with the Department's standards for construction of driveway
entrances from private property to the highway, in accordance with
the Department's manual entitled "Policy on Driveway Regulation for
Oklahoma Highways ", Rev. 5/96, 69 O.S. (200 1) § 1210.
(e) Maintain all right of way acquired for the construction of this project,
as shown on said plans, in a manner consistent with applicable
statutes, codes, ordinances and regulations of the Department and
the State of Oklahoma.
3. That City will:
(a) Determine and locate, with the Department's approval, a detour route
over existing city streets, if a re- routing of traffic or a detour is
necessary during the period of construction.
(b) Be responsible during or subsequent to construction, for all costs for
the operation and any maintenance necessary to the approved detour
route over existing City streets, or any other street as a result of
additional traffic.
(c) Be responsible for all costs for repairs or maintenance to any City
street, during or subsequent to construction, which results from
additional traffic where construction is performed under traffic.
Page 2 of 7
(d) To the extent permitted by the Oklahoma Governmental Tort
Claims Act, Title 51 Oklahoma Statutes, Sections 151 et seq. and
by Oklahoma Constitution Article 10, section 26 and as otherwise
permitted by law, the City shall indemnify and save harmless the
Department, it's officers and employees, and shall process and
defend at it's own expense all claims, demands, or suits whether in
law or equity brought against the City or the Department arising from
the City's execution, performance, or failure to perform, and
provisions of this agreement or alleged negligence in the location,
design, construction, operation, or maintenance of a portion of the
City Street System within the corporate limits of the City. Provided,
nothing herein shall require the City to reimburse the Department for
damages arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of the Department.
When any alleged act, omission, negligence, or misconduct may be
subject to the limitations, exemptions, or defenses which may be
raised under the Oklahoma Governmental Tort Claims Act, 51
O.S. § 151 et seq., all such limitations, exemptions, and defenses
shall be available to and may be asserted by City. No liability shall
attach to the Department except as expressly provided herein.
e) Complywith all applicable laws and regulations necessaryto meet the
Oklahoma Department of Environmental Quality(ODEQ) requirements
for pollution prevention including discharges from storm water runoff
during the planning and design of this project. Further, the City
agrees and stipulates as stated in the ODEQ's General Permit
OKR10, dated September 13, 2002, or latest revision, to secure a
storm water permit with the ODEQ, for utility relocations when
required. It is agreed that the storm water management plan for the
project previously described in the document includes the project
plans and specifications, required schedules for accomplishing the
temporary and permanent erosion control work, the storm water
pollution prevention plan and the appropriate location map contained
in the utility relocation plans
4. That subsequent to the construction of said project, City will:
(a) Keep all permanent right -of -way shown on said plans free from any
encroachment and take immediate action to effect the removal of any
encroachments upon notification by the Department, including all
necessary legal action when required.
Page 3 of 7
(b) Erect, maintain, and operate traffic control signals, including speed
limit and traffic control signs, only in accordance with 47 OS 2001,
Section 15 -104, 15 -105 and 15 -106, and subject to the approval,
direction and control of the Department.
(c) Regulate and control traffic on said project, including but not limited
to, the speed of vehicles, parking, stopping, and turns, in accordance
with 47 OS 2001, 15 -104, et seq. and to make no changes in the
provisions thereof without the approval of the Department.
(d) Maintain all that part of said project within the corporate limits of the
City.
(e) The City shall have the authority pursuant to 69 O.S. 2001 § 1001 and
69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were
acquired for highway purposes as long as such sale is conducted in
accordance with the above cited statutes. Prior written approval by
the Chief, Right -of -Way Division for the Department shall be required
before any sale is made.
5. That all covenants of this Agreement shall apply to any area hereinafter
annexed to the City which lies within the limits of this project.
6. That it will, by resolution, duly authorize the execution of this Agreement by
the proper officials, and attach copies of such resolution to this Agreement.
7. To acquire all right -of -way, if any, be responsible for the total costs for
removing and relocating outdoor advertising signs and for the relocation
assistance payments to persons displaced by reason of the acquisition of
right -of -way and be responsible for the removal or relocation of all utility lines
on public or private rights -of -way to accommodate the construction of this
project.
(a) Transmit copies of the instruments, including all deeds and
easements, to the Department prior to the advertisement of bids for
construction.
Page 4 of 7
(b) Comply with the provisions of 42 U.S.C.A. § 4601 -4655 and 23
U.S.C.A. §323 (as amended) and, further comply with 49 C.F.R. Part
24 in the acquisition of all necessary right -of -way and relocation of all
displacees.
(c) That as a condition to receiving any Federal Financial Assistance
from the Department, it will comply with Title VI of the Civil Rights Act
of 1964, 78 Stat. 252.42 U.S.C. 2000d -35 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 Program of the
Department of Transportation- Effectuation of Title VI of the Civil
Rights Act of 1964 ".
8. If the acquisition of right -of -way for this project causes the displacement of
any person, business or non - profit organization, the City will provide and be
responsible for the Relocation Assistance Program and for all cost
associated with the relocation assistance payments. The Department will
supply a list of approved service providers qualified to administer the
Relocation Assistance Program. The City agrees to employ a service
provider from the approved list and comply with all applicable rules,
regulations, statues, policies and procedures of both the United States and
the State of Oklahoma. Before any relocation assistance payments are
made, all files with parcels requiring relocation shall be audited by the
Department. The Department shall be notified in writing within seven (7) days
of the date of the offer to the property owner on any parcel which will require
relocation assistance. Written notifications of offers to acquire shall be
addressed to Project Manager, Right -of -Way Division, Oklahoma
Department of Transportation, 200 N. E. 21st Street, Oklahoma City,
Oklahoma 73105.
Page 5 of 7
IN CONSIDERATION of the grants and covenants by the City herein contained and the
faithful performance thereof by the City, the City agrees to construct said project in
accordance with said plans and specifications; provided that the right to review and
approve and to make such changes in the plans and specifications as are necessary for
the proper construction of said project is reserved to the Department.
IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on
the day of , 20_, and the State on the _ day of , 20_.
ATTEST:
City Clerk
REVIEWED AND APPROVED AS TO
FORM AND LEGALITY
Chief, Legal Division (ODOT)
CITY OF OWASSO
Mayor
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
Director
Page 6 of 7
RESOLUTION
WHEREAS, it appearing reasonable and necessary for the CITY OF OWASSO ,
TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and
Encroachment Agreement in connection with the construction of a public project known as
STP- 172A(346)IG J/P 24037(04), in accordance with the terms and tenor of 69 O.S.
2001, Sections 1205, 1206, 1401 and 1403.
NOW, THEREFORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, sitting in regular session that such contract be entered and that
a copy of same be hereto attached and made a part hereof by reference, all as provided
by law.
ATTEST:
CITY CLERK
MAYOR
Page 7 of 7
oIA
The e City Wi gut Limits.
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 8, 2011
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 administers the grant funding and 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 STP funding 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 US Hwy 169 to North 129th East Avenue. 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.
In July 2010, the City Council approved Resolution No. 2010 -10, submitting an application
requesting Federal funding assistance through the Surface Transportation Program Urbanized
Area for the engineering, utility relocation, and right -of -way acquisition related to the roadway
improvements to East 76th Street North from HWY 169 to North 129th East Avenue. In September
2010, INCOG determined the project as a transportation priority within the metropolitan region
and approved the application for Federal funding assistance. Such Federal assistance is
anticipated to be received in FY 2014 or sooner, depending on availability.
PROPOSED RESOLUTION FOR CONSTRUCTION PHASE:
In June 2011, INCOG began their annual process of accepting applications for STP funds with a
submittal deadline of July 29, 2011. Similar to the process utilized in obtaining Federal funding
assistance for the engineering, utility relocation, and acquisition of right -of -way for the East 76th
Street North Roadway Improvement Project, a Resolution is necessary in order to complete the
application process. The 2011 application will request Federal funding assistance for the
construction of the roadway improvements. If this project is selected in September 2011, the
funding for construction will be targeted in FY 2015 or sooner, depending on funding availability.
CONCEPTUAL DESIGN SUMMARY:
The East 76th Street North from US Hwy 169 to North 129th East Avenue, an arterial street in
Owasso, is a heavily used roadway that conveys residential and commercial traffic in the area,
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 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 Volume
Daily Traffic Volume
City of Owasso Portion
(Vehicles per day 2010)
(Vehicles per day
$3.47
$870,000
projected for 2020)
SW Corner of
$1.00
$252,000
Cemetery
15,855
25,826
N. 1271h East Avenue
Engineering (8 %)
$0.44
$0.35
12,366
20,142
500' east of N. 129th
$5.56
$1,396,000
East Avenue
7,356
11,982
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 $6.97 million.
ODOT funding for this project will be through the Surface Transportation Program, which will fund
80% of eligible project costs, while the local government funds 20 %. Based upon this information,
the following is an estimate of the cost distribution:
Project Segment
Estimate
($ millions)
ODOT Portion
($ millions)
City of Owasso Portion
Construction
$4.34
$3.47
$870,000
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
$6.97
$5.56
$1,396,000
PROPOSED RESOLUTION:
The proposed Resolution declares the City's intent to request Federal funding assistance through
the Surface Transportation Program Urbanized Area for the construction of the roadway
improvements to East 76th Street North from Hwy 169 to North 129th East Avenue.
RECOMMENDATION:
Staff intends to recommend City Council approval of a proposed Resolution, requesting ODOT
to consider the construction phase of the East 76th Street North Improvement Project as a
candidate for Federal funding assistance through the Surface Transportation Program.
Thy City Witrut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roger Stevens
Public Works Director
SUBJECT: Private Stormwater System Improvement Policy
DATE: July 8, 2011
BACKGROUND:
Similar to other communities throughout the state, the City of Owasso continues to face difficult
issues concerning the use and state of Stormwater facilities constructed by land developers and
subsequently maintained by landowners or Home Owner Associations (HOAs). More and more
often, the burden of ensuring the integrity of the public stormwater facilities subsequent to the
failure of a private storm water management facility falls on the local government. During the
June City Council worksession, the staff presented a draft policy outlining a method and means
of prioritizing and funding requests for private storm water facility improvements. Based on
discussions held by the City Council during the worksession, additional language has been
included in the proposed policy. An item has been placed on the July City Council worksession
agenda for additional discussion and City Council consideration.
POLICY PURPOSE:
The City of Owasso stormwater system contains approximately 45 public or private detention
stormwater detention facilities. Like many other communities throughout the state and nation,
the City of Owasso requires developers to invest in stormwater management facilities (e.g.,
drains, detention basins, etc.) at the time the property use is expanded. While this requirement
appropriately incorporates the initial capital cost of critical infrastructure into the price of new
developments, the mechanisms generally employed to ensure long -term maintenance, repair,
and eventual replacement often fall short.
Stormwater detention facilities and related infrastructure require routine maintenance to
function properly, and in the long term can require significant investments for repair and
replacement of structures. Unfortunately, property owners, like HOA's, often do not generate
enough funds to maintain these privately owned stormwater facilities that were built to prevent
flooding of adjacent properties as well as minimize the negative impacts of excessive flows on
public roads, private property, public facilities, and to aquatic habitat in downstream areas.
Therefore, the responsibility of ensuring private detention facilities function in accordance with
the City of Owasso's stormwater management criteria falls on local government.
The purpose of the Private Stormwater System Improvement Policy is to create guidelines and
procedures to aid in the consideration of requests from private stormwater facility owners for
public assistance.
PROPOSED GUIDELINES:
The following requirements must be met in order for a private stormwater facility to be eligible for
funding consideration and appropriate action by the Owasso City Council:
1. The Private Stormwater Facility must be part of the City's stormwater system; and,
2. A determination must be made by the Owasso Public Works Engineering Division that the
basin's intended stormwater capacity has been reduced, resulting in a risk of flooding to
the adjacent, upstream, or downstream properties; and,
3. A determination must be made by the Owasso Public Works Engineering Division that the
weakened or eroded areas of the dam or barrier poses a likely threat of a dam or barrier
failure; and,
4. A determination must be made by the Owasso Public Works Engineering Division that
the request for assistance is not to achieve purely aesthetic enhancement of the basin or
surrounding area (i.e., vegetation control, landscaping etc.).
PROJECT PRIORTIZATION:
The Public Works Department will rate and prioritize each project request utilizing the following
set of criteria:
➢ Cost Participation by Property Owners - 10 points (max): Points awarded = (% of property
owner funding x 10)
➢ Capacity Degradation - 10 points (maxL Extent to which the capacity of the basin has
been reduced as determined by Public Works Engineering Division. Points awarded =
(Estimated % surface area x 10)
➢ Erosion - 10 points (max): Extent of erosion along the dam or barrier, as determined by
the Public Works Engineering Division. Points awarded = (Estimated % surface erosion x
10)
➢ Safety - 10 points (max): Degree of safety hazard (Scored by Public Works Engineering
Division):
a. None = 0 points awarded
b. Low = 1 to 3 points awarded
c. Medium = 4 to 6 points awarded
d. High = 7 to 10 points awarded
PROJECT SCOPE:
Public Works will have sole discretion in defining the scope and characteristics of the work
necessary in order to bring the private stormwater facility into compliance with the City of
Owasso Stormwater Standards.
PRIVATE STORMWATER FACILITY MAINTENANCE:
In an effort to reduce future maintenance costs and potential flooding risk, the City of Owasso
will perform, or cause to be performed, an inspection of the private stormwater detention facility
on a bi- annual basis to ensure the property owner or Home Owner's Association is providing
adequate maintenance of the detention facility. Should the stormwater detention facility show
signs of inadequate maintenance, the City will take appropriate code enforcement action.
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Qualified projects will be funded utilizing the Stormwater Management Fund as funding
becomes available.
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TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Proposed Amendment of Part 4, Animal Regulations
DATE: July 8, 2011
BACKGROUND:
Staff has recently reviewed the current structure and organization of Part 4 of the Code of
Ordinances, Animal Regulations. As a result of that process, staff is in the process of drafting
proposed additions and amendments to the ordinances in Part 4 governing ownership of
animals and livestock, service animals, emergency impoundments and the operation of pet
stores. These amendments are necessitated by the City's continuing expansion and growth, the
rising population of abandoned and stray animals, and the location of pet stores, kennels and
other facilities offering domesticated animal services within the City. The amendments have
additionally given staff an opportunity to remove outdated, unnecessary, and conflicting
sections within this section of the Code.
Maintenance of Livestock
One of the most significant proposed changes to Part 4 amends current ordinances which
prohibit maintenance of livestock within the city. An evaluation of this prohibition was initiated
following a recent request for detachment by a landowner operating a horse stable and
training facility. The proposed change to the ordinance will allow livestock to be kept by a
landowner within the city limits if certain criteria and requirements are satisfied, such as
installation of a fenced enclosure of a minimum of 1.5 acres in size, with all structures used to
house or feed the animals set back a minimum of 50 feet from an adjoining landowner's
property. The number of livestock which may be maintained on a parcel of land w ill be
determined by an animal to acre ratio set forth within the ordinance.
Maintenance and Sale of Domesticated Animals
A new section governing the maintenance and sale of domesticated animals by pet stores is
also included in the proposed ordinance. The Code currently does not contain rules or
regulations addressing the housing, health, or sale of animals by pet stores; as such, the City of
Owasso's Animal Control Officers have no authority to inspect pet stores or require correction of
unsanitary conditions or inhumane treatment of animals. In recent years, many large and small
municipalities have enacted ordinances establishing minimum standards for the care, feeding,
health, and sanitation of domesticated animals maintained and sold by pet stores within their
boundaries. While most pet stores care for the animals they sell in an exemplary manner, it is
important to note that pet stores in Oklahoma are not licensed by any state regulatory agency
and thus are not subject to any state standards, oversight, or inspection. Accordingly, many
municipalities have accepted this responsibility as a local issue and have adopted standards of
pet store animal care to prevent unsanitary store facilities, the sale of diseased animals within
the community, inadequate ventilation, and insufficient nutrition and hydration of the animals
maintained in pet stores.
Impoundment of Animals
The proposed amendments to Part 4 also include a new section governing the impoundment of
animals by the Police Department or Animal Control Officers resulting from emergencies such as
fire, medical, hospitalization, or custody arrest of the owner. This section provides that, unless it is
impossible to do so, Animal Control Officers will locate and notify an owner that their pet has
been impounded by the City and the conditions under which the animal will be released. This
provision additionally establishes a minimum holding period by the City after which, if the animal
is not claimed by the owner or the owner's designee, the animal may be placed for adoption,
transferred to a rescue organization or, if appropriate, euthanized. This section will primarily be
applied in cases where the animal's owner is subject to a custody arrest while in a vehicle or
dwelling with their pet present, and the owner, despite notification, chooses not to make
arrangements for another person to retrieve the pet from the City's Animal Shelter. Simply
stated, this provision will allow emergency impoundment animals to be treated in the same
manner as other animals seized or taken in by the Animal Shelter.
Service Animals
A service animal exemption excepting trained service animals from the maximum number of
animals a resident may own and keep is also included in the proposed ordinance. Currently, it is
unlawful for a resident to maintain more than 2 dogs and 3 cats in the City of Owasso.
Exemptions presently exist allowing animal rescues and foster programs to exceed the maximum
number of pets if approved by the Chief of Police. The proposed change would allow persons
with service animals to also apply for such an exemption if acquiring a service animal would
cause them to otherwise exceed the allowed number of animals.
Clean -up Issues
The remainder of the revisions within the proposed ordinance are recommended to "clean -up"
and update Part 4 as well as eliminate any outdated, incorrect or conflicting provisions.
Concurrent with the proposed additions and amendments to Part 4, staff will also present for
Council consideration a list of the services performed by the Animal Control Division, a detailed
breakdown of the City's costs to provide each of these services and the current fee charged for
each service. Recognizing that the fee charged by the City is in almost every case significantly
lower than the actual cost to provide the service, small suggested increases to each fee for
service have been included. In some instances, the disparity between the City's actual cost
and the fee assessed to the animal owner for the service is significant. Given that a number of
these services are either performed at the request of the owner or necessitated by the owner's
negligence or failure to secure and restrain their animal, staff believes the fee schedule should
be presented for the Council's review and consideration.
FUTURE ACTION:
Staff will present proposed amendments of Part 4, "Animal Regulations," and an itemization of
actual costs and fees charged by the Animal Control Division to the City Council at the August
work session.
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