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HomeMy WebLinkAbout2011.09.13_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: September 13, 2011 TIME: 6:00 p.m. PLACE: 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, September 09, 2011. Sherry Bishop62ity Clerk AGENDA 1. Call to Order Mayor Bonebrake 2. Discussion relating to Administrative Items Ms. Bishop Attachment # 2 A. Proposed Renewal of the Youth Services of Tulsa Contract for the Owasso Youth Court B. Garnett Regional Detention Facility Payback Fee 3. Discussion relating to Operational Items Mr. Lehr Attachment # 3 A. Final Plat - Old Shell Park Dental Office B. Final Plat Resubmission - The Reserve at Elm Creek C. Proposed Amendments to Chapter 20, Landscaping Requirements, of the Owasso Zoning Code D. Proposed Easement Closure Process E. Proposed Additions to Zoning Definitions F. Proposed renewal of the Grand Gateway Contract for Pelivan Transit Services G. Specific Use Permit (SUP) 11 -02 - Owasso Police Department Firing Range H. Project Acceptance and Final Payment - Garnett Regional Detention Facility I. Project Acceptance and Final Payment - Rayola Park Improvement Project J. Project Acceptance and Final Payment - Three Lakes Pond Improvement Project K. Review bids received for FY 12 Water Meter Purchase L. Report on Ram Tank Interior Bidding Process (no memo) M. Report on JAG Grant and Proposed Budget Amendment (no memo) 4. Discussion relating to City Manager Items Mr. Ray Attachment # 4 A. Proposed Ordinance Amending Chapter 4, Animals; and Amendments to Animal Control Fee Schedule B. Proposed Private Stormwater Detention Policy C. Report on the Santa Fe Lift Station & Force Main Improvement Project D. Report on CNG Project and Bidding Process Owasso City Council September 13, 2011 Page 2 E. Discussion relating to General Obligation Bond Projects F. City Manager Report - 1. Sales Tax Report 2. Firing Range, Owasso Police Department 5. Report from City Councilors b. Adjournment The City Wit aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Renewal of Contract with Youth Services of Tulsa, Inc. for Management and Operation of the Owasso Youth Court DATE: September 9, 2011 BACKGROUND: The City of Owasso began contracting with Youth Services, Inc. in 2008 for implementation and operation of the Owasso Youth Court, and the City Council has approved annual renewals of the contract since that time. The current contract will terminate on September 30, 2011. The contract provides that Youth Services will employ its specialized knowledge, skill and experience with trained personnel to administer and oversee a youth court in Owasso. Fulfillment of this goal requires recruitment and training by Youth Services of both attorney advisors and teen volunteers within the Owasso community. In addition, Youth Services employs a full -time coordinator based in Owasso to manage the Youth Court and provide counseling services as needed and used by both the Municipal and Youth Courts. Youth Services assumes all responsibility for the Youth Court's scheduling, documentation, and administrative operations, and is required to work closely with the City's Municipal Court and related staff to effectuate these duties. From July 1, 2010, through June 30, 2011, approximately 144 youth had their offenses adjudicated in the Owasso Youth Court, and numerous referrals were made by the Municipal Court for counseling services. All but 13 of those youth successfully completed their probation and sentencing recommendations. As in past years, numerous parents and teachers within the community have voiced their approval and appreciation for the program. The Youth Court currently has 7 attorney advisors and approximately 44 youth volunteers. The Municipal Court continues to increase the number of referrals, as appropriate, to the Youth Court. As a result, the Youth Court increased its monthly court sessions from two to three at the beginning of Fiscal Year 2011 in order to effectively meet the rising need. All aspects of the Youth Court, including prosecution, defense and sentencing of the youth offenders, continue to be conducted solely by teen volunteers from Owasso who receive numerous hours of instruction and training prior to participation in court proceedings. Compensation for Youth Services in the proposed contract is unchanged (despite the increase in court sessions from two to three times per month), at $45,000 for 2011-2012, payable in twelve equal monthly payments. In fact, this compensation has not increased since the original contract was approved by the City Council in 2008. If renewed, the new contract will become effective on October 1, 2011, and will terminate on September 30, 2012. This item was included in the approved Fiscal Year 2012 Budget. Based upon the Owasso Youth Court program's success and achievements during its first three years of operation, staff will recommend renewal of the contract for an additional year. RECOMMENDATION: Staff intends to recommend City Council approval of the Youth Court contract with Youth Services, Inc., for 2011-2012, and authorization of the City Manager to execute the contract and any other necessary documents. ATTACHMENT: A. Proposed contract with Youth Services, Inc. for 2011-2012. AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City ") and Youth Services of Tulsa County, Inc. (hereinafter referred to as "Youth Services ") agree as follows: The City has determined there is a need to provide an alternative to prosecution for first time, non - violent and non - felony juvenile offenders who have committed offenses which would normally be heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has significant experience implementing and f 'litating alternative venues known as Youth Courts within Tulsa County, and that Youth s comprised of knowledgeable people having many years experience in this field w are able to operate a Youth Court. Based upon the need faced by the City of Owasso to de pro ution alternatives to °traditional sentencing of juveniles in the municipal court se d the expertise' and ability of Youth Services to establish and operate youth courts, t and outh Services hereby agree to mutually execute a contract to continue funding and o ion of a juvenile court program. The Owasso Youth Court will be conducted by youth peers ve successfully completed the mandatory training program conducted by Youth Services. A s of the Owasso Youth Court shall be conducted by volunteer youth,._ incIudi jj osecution, ense and sentencing. The terms of this A September 30, 2012. September 30, 2012 of Owasso and Yo The City shall-pity-Youth SZ for oper " on of a Youth C coordijffr who will oversee 7 tom1, 2011, and shall expire on atically and will terminate on nt, in writing, is executed by The City to the termination of the Agreement. usand dollars ($45,000) as total compensation one (1) year, including the employment of a full -time he daily operations of the Owasso Youth Court. The id to Youth Services in twelve (12) equal monthly Youth Services, shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full -time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. As partial compensation for this Agreement, the City shall provide two (2) office spaces in the Old Central Building for the full -time coordinator of the Owasso Youth Court and a counselor. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official 1 capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than, staff members of the City of Owasso) or other person for injuries from or connecte4%� ices performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Servies aees to i fy, defend (at the City's option), and hold harmless the City, its employees, officials, agent resentatives and volunteers from and against any and all liabilities, damages, injuries (exclud' t property damage (including loss of use), claims, liens,. judgments, costs, expenses, s actions, or proceedings and reasonable attorney's fees, and actual damages ofy kind or n e, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officer9tLoptractors, or their performance or failure to perform under the terms and conditions of this ent. Such indemnification, hold harmless and defense obligation shall exclude only su actions as ` arise directly out of the sole negligence or willful misconduct of the Ci and ance with the terms, conditions and exceptions contained in the Governmental ms e indemnification and defense obligations set forth herein shay ive the to at ion oft Agreement Without limiting the City's right o indemnificati outh Services and each of its contractors shall obtain no less th n, or on terms more rest ve than, the following: General Liability Insurance cover' all premises and activities, wi an applicable limit of liability not less that One Milli E 1,,000,000.QO) per claimant; One Million Dollars ($1,000,000.00) annual aggrega and Com rehensive Automobile Liabilit Insurance applicable to all owned, hired and r.�+1° =owned vehicles `" amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's ensation Insurance Coverage in compliance with the Worker's Compensation Laws of the to of Oklahoma. Youth Services shall include the City as an Additional Insured on all r ired insurance policies. Youth Services shall also require its contractors to list.the ,City n Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk anager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any 2 waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. ,r This Agreement shall be construed under the laws of the State jurisdiction and venue for any action relating to this Agre4 County District Courts of Oklahoma. This Agreement constitutes the entire agreement supersedes all proposals, oral or written, and all of respect to the subject matter of this Agreement. This document may be modified only by further written not be effective unless and until executelbky the parties. IN WITNESS WHEREOF, the parties he the dates hereinafter set forth. Executed the of Seer, 2011. IN WITNESS the dates heAd CITY OF Rodney J. Ray City Manager Attest: Sherry Bishop 3 this ma. Exclusive original be solely in the Tulsa parties, and parties with Any such modification shall to be executed on caused this Agreement to be executed on YOUTH SERVICES: James M. Walker Executive Director City Clerk Approved as to Form: Julie Lombardi The e City vdi.ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Angela Hess Finance Director SUBJECT: Assessment Rate Garnett Regional Detention Assessment Area DATE: September 9, 2011 BACKGROUND: The City Council previously adopted an Ordinance which provides for the construction of the Garnett Regional Detention Facility and mandates that all property developed subsequent to passage of that ordinance would utilize the Detention Facility for storm water runoff management. The Ordinance further provides tha t costs for land acquisition, construction, professional fees, interest and other necessary costs and fees be recouped through a per square foot assessment fee, payment being due upon approval of the final plat, for all property located within the Assessment Area. The Ordinance was subsequently amended in part on December 1, 2009, which eliminated language permitting waiver or reduction of the assessment by obtaining approval from the City Council. The Ordinance further provided that the per square foot assessment fee be established through a Resolution approved by the City Council after all costs expended in the construction of the Garnett Regional Detention Facility have been finalized. Final construction of the project is expected to be complete by September 16, 2011 and the project will be presented for acceptance by Council. The total cost of construction for the Garnett Regional Detention Facility is $3,420,408.00. The Assessment Area contains 118 acres, thus the mandatory assessment fee has been calculated to be $.6655 per square foot or $28,987.00 per acre. RECOMMENDATION: Staff intends to recommend City Council approval of a Resolution establishing the per square foot assessment rate for the Garnett Regional Detention Assessment Area per the City of Owasso Code of Ordinances, Section 18 -601. ATTACHMENTS: Regional Detention Assessment Area Map - -The. City wi"" "t Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat, Old Shell Park DATE: September 9, 2011 BACKGROUND: The City of Owasso received a Final Plat application for review and approval of a development named Old Shell Park. The applicant wishes to plat the property for the development of a dentist office. The property was recently rezoned from Single - Family Residential (RS -3) to Office Light (OL). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction Commercial North Commercial Commercial Owasso General CG Residential Single - Family South Single Family Residential Owasso Residential RS -3 Commercial East Commercial Commercial Owasso General CG Multi - Family West Apartments Residential Owasso RM -1 DEVELOPMENT PROCESS: Step One, 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. Step Two Rezoning 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. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split or lot tie. Lot splits or ties are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. Step 4, Site Plan Preparation 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. ANALYSIS: The final plat for Old Shell Park consists of one (1) lot on one (1) block on approximately 2.431 acres. The applicant plans to use only the southern half of the plat for the dentist office and may split the lot at a future date and develop or sell the northern portion for potential development. A mutual access easement is located along the western frontage adjacent to North 125th East Avenue that will serve the dentist office and any future development on the northern portion of the lot. There are 17.5 foot utility easements proposed along the property lines of each side of the plat and an additional 20 foot drainage easement shown along the southern property line. 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 Old Shell Park at their regularly scheduled meeting on August 24, 2011. No comments were brought forward by any 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. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property does not fall within a sanitary sewer payback area, but will be subject to the Storm Siren fee 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 September 12, 2011. RECOMMENDATION: Staff intends to recommend to the City Council approval of the final plat for Old Shell Park subject to Planning Commission recommendation. ATTACHMENTS: A. Final Plat Old Shell Park B. Area Map FINAL PLAT R -14 -E �qw . ° 0 LD SHELL PARK x o �wT.s, ° ^G°e EAST es'h STREET NORTH LEGEND ES BIL 0UIL0 fNOLHNE A SUBOVISION OF PART OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE ^) OF SECTION TWENTY -NINE (29), TOWNSHP TWENTY -ONE (21) NORTH. RANGE FOURTEEN (14) EAST, pun[° xAeln9s of 1E ¢M azEEx cvMNERDAL cExrEe WE lh 0q3µ EEASEMENL S EASEMENT OF TI£ IN01- EASE AMC MERIDIAN, CITY OF OWASED. TULSA COUNTY, STATE OF DNLAHOMA. �g UE UT— FAIDAENT 00' 90' Owner: Engineer: Surveyor: e� OLIVIA PROPERTIES, LLC Cedar Creek Consulting, Inc. Tulsa Land Surveying LLC mir Os W P6 0 14000 E. e9TH PLACE SOVIIf Certificate of Aufh°rixvtim Nv. 5964, Ezp..Lne 30, 2012 C<rlilicate of AutAOrizativn Nv. 6030, Ezp. — 30, 2013 EAST 76th STREET NORTH ^ "'° OWASSO, OK 74055 11 D1 Lvr.— Lone 143D Z. W-1 Ave., Suite A Ni— Hill. OK 73115 —, OK 74120 VICINITY MAP PHONE (405) 406 -4822 PNDNE: (539) 004 -5539 1" - 2000' DEED OF DEDICATION� lo, w POINT OF COMMENCEMENT r NE CORNER ~ SECTION 29 �xurn T- 21- N,R -13 -E j a 1111Tex. Lu xAx ,e< °reP rro W,rxu xl Ixw x,EwrAMM[xE.rxE.xmE.ExrE uuun sTATE U uM x MM W R E — ATE° IN E [m O °Nw T n taw TxLr nI•nmvv mexvnTx[nsreuurtNa we'q of rHErgrrtxxvt I I O [ x[cnw I. — I r„ oil x arx'IE' POINT OF OEgNNING E nAY °FA Y.roll. 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LuTxo —Ewi nNxoxrHOrur "ry swnru THE Ewx°e um [ x sraclwxrevns nu sFMEfrt mRLVE TorHE.2u EEewul .w:Rx v b[ c. wAT[n.wD[ TwEV e[wrA axes I I I I cunxcAT[ovvxrruTArvebvvA Ilrxmv Jlnv cm nuTni Awm nv nF UVnssu cln cuvuLE UU rIr avTn Txs gxu[x cxx[ sE Rumusleu ton rH rxorvTbv of TxewnT[A xlv swRnm scwEn Lwcx 1=1 ZI NTEiEACwml TD-u.n HvDKFannE Car owum an Irx wac[vsaxa slew HAVE RmR ar Accaxnxv vE RESr wsxlEA,A °x°wAxr MAxTExxae°r w9wnaRANDSENTxEVxrxeaurEx I I — u•rnwn[.svvw LLLLLL wrm IF Txc reeve rsw.nne NVTZnvaxse° ar Tl<cnvnwx wan'x nTmxurrs [EpaxElxEVOR iHEre°rt<TbN xlv xnwifNnzzf a<sraeM I _ — _ — _ 326.e2 x7.5 gnER"AT xa 45as� rtv cRTCIFnz — x roo°roP• w — — — — x (wax aers. rAx s) SAds£ ---- --- -- too £x�' to I I I I 11 111 i 1111 £ OLD SHELL PARK PACE t OF 1 DATE PREPARED: NLT 25, 2011 The City wit r. t Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat Reserve at Elm Creek DATE: September 12, 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 fifty one (51) lots in three (3) blocks on approximately 19.75 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 A riculture 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. A final plat was reviewed and recommended for approval by the Planning Commission for forty one (41) lots in three (3) blocks on approximately 10.42 acres of property. The applicant has returned with an updated plat that has ten (10) more lots, for a total of fifty - one (51) lots. 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 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. 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 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, and EMS service will be provided by the City of Owasso. Water service will be provided by Rogers County Rural Water District #3. The property will be subject to all applicable 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 again at their regular meeting on September 12, 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. Amended Final Plat Reserve at Elm Creek B. Area Map Legend: /E = unlm EASwErHr e/L - BuaDlxc sNEORACK ssE n - nlwT -IF "1 GCE Monumentotion: ALL LOT CORKERS SHOWN ON THIS PUT WERE IIERN PINS WOK GPS 1.0. N aMERY A CAP 9TANPEO Basis of Beonng: S OF S ON AN O32, w MNNG N A53UMOEOM UNE OF BEA111 01 181-57 16-E. �I I �I �I I PRELIMINARY PLAT OF THE RESERVE ON ELM CREEK PART OF THE EAST HALF (E /2) OF THE SOUTHEAST OUARTER (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 Owner /Developer: Dominion Corporation P.O. BOX 641 OWASSO, OKLAHOMA 74055 (918) - 272 -0270 Surveyor: Bennett Surveying, Inc. P.O. BOX 848 CHOUTEAU, OK 74337 (916) 476 -7484 PROPERTY OWNER: KEYS LAI\JDJNG DEVELOPMENT LLC R 14 E 7.h ...I N01N 1 cnu orcle'� , N 66th S OII N— Location Map I—I Frr (5D LOM 1K THREE (3) BLOCKS 61160M910N DON-6 19.25 TOTAL ACRES � �nHE swTx6ur mnNU saTax a2 8 usr L. xcnox u wvlrss� 1 NORTH 129th EA.9T AVBNCE - - - rZ� � l uANUAIff 3. 2011 U L a W LIT) L � S _ HI � LJ W O) q a LJ Legal Description A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTION 32, T -21 -N ACCORDING TO THE OFFICIAL U.S. GOVERNMENT SURVEY THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLL0- THE EAST HALF OF THE SE /4 OF THE SE /4. AND ME S/2 OF THE SE /4 OF ME NE /4 OF THE SE /4 OF SECTION 32. LESS AND EXCEPT BEGINNING AT THE NORTHEAST CORNER OF THE S/2 SE/4 NE /4 SE /4 OF SECTION 32; THENCE 500'10'35 "W ALONG THE EASTER LINE OF THE SE /4 OF SECTION 32 A DISTANCE 0 18.67 FEET; THENCE NBT45'31w A DISTANCE O 566e5 FEET; THENCE N00 IO35 "E AND PARALLEL WITH THE EAST LINE OF THE S/2 SE /4 NE /4 SE /4 OF SECTION 32 A DISTANCE OF 296.46 FEET TO THE NORTHERLY LINE OF THE S/2 SE /4 NE /4 SE /4 OF SECTION 32; THENCE N69'S9'49•E ALONG THE NG MERLT LINE 0 THE S/2 SE /4 NE /4 F SECTON 32 A DISTANCE OF 11112 FEET I THE POINT OF eFCINNINC /4 0 'ISO LESS AND EXCEPT COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32; MEN CE NBC 10'35'E ALONG THE EAST LINE OF THE SE /4 OF SECTON 32 A DISTANCE OF 527.00 FEET TO ME POINT OF BEGINNING; THENCE N89'49'251Y AND PERPENDICULAR TO THE FAST LINE OF SAID SE /4 A DISTANCE OF 326 40 FEET. THENCE NOO10'35 "E AND PARALLEL WTH THE EAST LINE OF SAD SE /4 A DISTANCE OF 326 40 FEET TO THE FAST NNE OF SNB SE /4; THENCE S00'10'3S'W ALONG ME EAST LINE Or 7.110 SE /4 A DISTANCE OF 165.40 FEET TO THE POINT OF BEGINNING The City Wit7out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendment DATE: September 9, 2011 BACKGROUND: The Quality of Life Initiative Final Report that was adopted by the City Council in April 2011 included guidelines for the future development of Owasso. One area where citizens expressed interest during the public workshops and through the on -line Wikiplanning survey was improvement of the overall aesthetics of the community. Subsequent to receiving these comments, staff renewed its review of the Zoning Code in greater detail to determine where improvements could be made that follow the principals of the Quality of Life Initiative. Staff has now prepared draft amendments to Chapter 20, Landscaping Requirements of the Zoning Code that it believes to be consistent with the vision and guidelines set forth in the Quality of Life report. A community which presents itself well in the form of quality landscaping, architecture, and overall appearance helps in recruiting highly skilled jobs, as it sends a message of care and pride in the community. According to a survey conducted by th e S ociety of Real Estate Appraisers, landscaping can increase the value of residential and commercial property from 5% to as much as 20%. A landscape which looks neglected or is minimal gives the impression that the owner of the property doesn't care about his business or his customers, and if the property is for sale, it can appear that the owner doesn't want the property because of its depreciated state. On the other hand, attractive landscaping can reduce the apparent age of a building, further bolstering curb appeal and improving the potential asking price of the property. This concept can certainly have a bearing on the overall impression of the community as well. The proposed amendments to Chapter 20 of the Zoning Code are more comprehensive, include diagrams and pictures, and establish a foundation for future quality development. The amendments address the absence of landscaping requirements within parking lots, offer greater choice in how buffer yards are installed, improve the look of the streetscape, encourage the installation of bio- retention techniques, and propose optional methods to screen unsightly elements. Many local businesses are already employing a number of the elements contained within the proposed amendments. Furthermore, the amendments will help ensure a higher quality standard and consistency throughout the entire community, which maintains and increases all property values. The proposed Landscape Code is a document that is reflective of the input staff has been provided from numerous citizens, local business owners, and appointed and elected officials. It has been staff's intent throughout the development process to gather as much input as possible in order to create a document that is reflective of the vision that citizens have for the Owasso community. In the early stages, this document was introduced to the Owasso Economic Development Authority, the Planning Commission, and the City Council. After making the requested changes, the proposed Landscape Code was brought back to the aforementioned bodies in a draft form for additional comments and suggestions. Throughout the process, staff made this document available to the general public and asked for any input on the proposed language. The Community Development Department also placed a draft of the Landscape Code on the City website and then held an open house public meeting to gather input from any interested party. The discussion and suggestions received from the Owasso citizens proved invaluable to the creation of a well rounded document. After receiving all input, staff made additional changes and is bringing the proposed Landscape Code to the Planning Commission and City Council in the final draft form that is attached to this memo. PROPOSED TEXT AMENDMENT TO THE ZONING CODE: The attached document is a draft of the proposed changes. If approved, this document would replace the existing landscape regulations in Chapter 20 of the Owasso Zoning Code. For amendments to Chapters 15 to 21 of the Owasso Zoning Code, the City Manager has the ability to promulgate the rules after presenting the proposed changes in writing to the Planning Commission and City Council. This means that no Ordinance is required to change those chapters of the Zoning Code. The proposed changes to Chapter 20 of the Owasso Zoning Code will be presented as an item on the consent agenda on the next available regular City Council meeting. The City Council can review and make changes to the document during a 30 -day review period. After a 30 -day review period the new changes will be adopted as written unless the City Council requests any modifications. Once adopted, the proposed changes will replace the existing Landscape Code in Chapter 20 of the Owasso Zoning Ordinance. RECOMMENDATION: Staff intends to recommend City Council consideration of the promulgation of rules for a new, Chapter 20, Landscape, Screening and Buffering Requirements of the Owasso Zoning Code. ATTACHMENTS: A. Final Draft, Chapter 20, Landscape, Screening, and Buffering Requirements CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 CHAPTER 20 LANDSCAPING, SCREENING, AND BUFFERING REQUIREMENTS 20.1 INTRODUCTION AND PURPOSE The purpose of these landscaping, screening, and buffering requirements is to provide standards that will protect the health, safety and general welfare of the public, enhance property values, improve the, appearance of the community, and preserve natural resources, trees, and native plants. Planting yard regulations are established herein to minimize potential conflicts between abutting developments, enhance the appearance of buildings and parking lots, and create a unified and attractive streetscape. These requirements will be applied to all new development, redevelopment and building expansion projects including streetscaping of rights -of- ways. These minimum requirements will: 1. Maintain and increase property values; 2. Further enhance the quality of life for Owasso residents and visitors; 3. Reduce soil erosion and'increase infiltration in permeable land areas essential to storm water management and aquifer recharge; 4. Mitigate air, dust, noise, heat and chemical pollution; 5. Reduce the "heat island" effect of impervious surfaces, such as parking lots, by cooling and shading the surface area and breaking up large expanses of pavement; 6. Establish landscape theme throughout the City that promotes the overall character and identity of the community; 7. Promote innovative and cost - conscious approaches to the design, installation and maintenance of landscaping while encouraging water and energy conservation; Promote planting techniques that ensure the long term health of plant materials; 9. Screen unsightly equipment, material, or uses from public view and adjoining properties; buffer uncomplimentary land uses. Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 20.1.1 CONCEPT ILLUSTRATION Landscape requirements are based on the illustration shown below, which depicts the different yard areas referenced in the subsequent sections of this Chapter 20. Figure 20 -1 is meant to provide a visual reference for each of the required planting yards. Residential Adjacent Use 189 ieet Buffer Yard �I 70 NI > Dumpster > L L N Loading / delivery Commercial Building al ^1 (5,000 s.f.). Building Yard �Ia I� (Category 2) _s �I I� Parking Lot Parking Lot Yard N\-,I og Si n �J �' I� Street Yard— street Figure 20 -1 Typical Planting Yards line Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 20.1.2 GENERAL PROVISIONS A. Retention of Existing Vegetation. Existing healthy trees, shrubs and ground cover shall be retained and incorporated into the Landscape plan to the maximum extent possible. B. Design and Installation. Landscape materials shall be installed in conformance with approved landscape plan prepared in accordance with Sections 20.2 and 20.10.3. C. New Development. This Section shall apply to all new development, unless specifically exempted by Subsection G below. D. Change of Use or Enlargement of Existing Development. This Section shall apply to all applications for building permits for projects that involve one or more of the following: 1. An increase in the number of stories in an existing building on the lot; 2. An increase in the impervious area by more than two thousand square feet (2,000 sq.ft.); or 3. An increase of thirty percent (30 %) or more in the square footage of building area or parking lot. 4. Where,an existing parking area is altered or expanded to increase the number of spaces to a total of more than twenty (20), interior landscaping shall be provided on the new portion of the lot in accordance with this Chapter 20. 5. A change in the use of a property that has no landscaping beyond sod or turf grass shall be required to install landscaping as per this Section if the building or parking lot is expanded by more than 25 %. The Administrator and /or their designee shall be allowed some degree of flexibility with regards to these requirements should there be unusual circumstances, but the spirit of the regulations shall be maintained. E. REQUIREMENTS FOR DOWNTOWN DEVELOPMENT No specific width of landscaped edge shall be required for developments in the downtown. However, landscaping and screening shall be provided in accordance with Table 20 -1. Where surface parking abuts a street right -of -way developments shall provide a sidewalk built to City specifications within the right of way. For the purposes of these regulations, the downtown area is defined by an area bounded by East 86th Street North, US -169, West 4th Avenue South, and the railroad tracks. 3 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 Table 20 -1 Downtown Landscape Requirements 1 shade tree for every 25 linear feet of frontage along a public street. Ornamental trees may be used in place of Street Trees shade trees in the presence of overhead utilities. Staff may accept alternative provisions in situations where it is impossible to meet this requirement ; Parking Lot Opaque screen no higher than three feet (3'). Walls may Screening used in accordance with 20.3.2 Q.3 Opaque screen no less than six feet (6') in height. Buffer yard shall be at least three feet (3') in width. Wood Buffer yard fencing shall utilize galvanized metal poles for vertical supports. Smooth faced CMU block shall not be used as an exterior screening material. COMMUNITY DEVELOPMENT ADMINISTRATOR REVIEW The term `Administrator' shall be used to define the Community Development Director, the City Planner or their designee. All requirements from this chapter shalt be met prior to issuance of any certificate of occupancy.. Any deviation from the approved landscape plan, site plan, or from the requirements set forth in this chapter shall require approval from the Administrator. Alternative designs, materials or methods may be brought to the Administrator for consideration, but the intent of the regulations shall be met with each project. Any decision made by the Administrator may be appealed to the Board of Adjustment. G. EXEMPTIONS The following development types are exempted from the requirements of this Chapter 20. 1. Individual single- family and two family dwellings on separate lots, where such residential use is the primary use on the lot 2. New single- family detached and two - family subdivisions with four or fewer lots and four or fewer dwellings; and 3. Temporary uses approved pursuant to this chapter. Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 20.1.3 INTERPRETATION OF LANDSCAPING TERMS. Where necessary to interpret the precise meaning of technical landscaping terms used in this Section, reference shall be made to American Nursery and Landscape Association ( "ANLA ") (form erly the American Association of Nurserymen), The American Standard For Nursery Stock, (1996), which document is hereby incorporated by reference. The definitions in Section 20.11 shall apply to the regulation and control of landscaping within this Section. Figure 20 -2 Illustrates common tree descriptions and shall be used to interpret any issues relating the planting, care, and maintenance of trees. Figure 20 -3 and Section 20.10.1. Size Standards, shall be used to interpret plant sizes as part of the requirements of this chapter. mcvrzoNE R =1' /i"n8H Figure 20 -2 Tree Descriptive Terms UWS 5 Adopted # ## r1Eau Stt� CITY OF OWA.S.SO LANDSCAPE RF.OUIREMENT.S Chanter 20 TYPICAL L.1hhSD5GAPI"G Figure 20 -3 Landscape Plants Typical Sizes 20.2 LANDSCAPE PLAN. 20.2.1. GENERAL REQUIREMENTS These following standards shall apply to all areas where landscaping is required: 1. Required landscaping shall not include artificial plants or trees, or other artificial vegetation. 2. Landscape areas shall be kept free of trash, litter, and weeds. 3. Materials other than plants may be proposed to meet some of the Landscape requirements. Hardscaping, xeriscaping, and water features may be proposed as a part of any landscape plan, so long as the plan meets the intent of the chapter. 4. No site plan submitted to the Community Development Department prior to the effective date of these landscape regulations shall be required to conform to the landscape regulations herein, except those that meet the requirements of section 20.1.2.D. 5. All landscape plans shall be reviewed by the Community Development Department as part of the site plan review process. Upon completion of the review, the Administrator shall: a) Approve the landscape plan as complying with the requirements of the Landscape Chapter and rules and regulations; or I -------- 15 -40' 6 -15' 1 < 6' 4' < 2' 1-t16W AT H ATU K11V 6 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 b) Approve the landscape plan with conditions that bring it into compliance with the requirements of the Landscape Chapter and rules and regulations; or c) Reject the landscape plan as failing to comply with the requirements of the Landscape Chapter and rules and regulations. 20.2.2. PLAN REQUIREMENTS Landscape plans shall accompany any application for site plan approval and be submitted in conformance with the requirements listed below. Landscape plans shall inlcude: 1. The date, scale, north arrow, project name and the name of the owner and designer; 2. The location of property lines and dimensions of the tract; 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot 4. The location, size, and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscaped areas; 5. Planting details and /or specifications; 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees which are to be retained from damage during construction shall be described; 7. A description of the type of irrigation system to be used and, if necessary, drawings of such system; and 8. The schedule of installation of required landscaping and appurtenances, which shall specify installation of all required materials, except trees, prior to the issuance of a certificate of occupancy (for multifamily, commercial, and industrial developments) or first building permit (for single family and two family developments) and further specify installation of required trees shown in the landscape plan within one hundred twenty (120) days after issuance of such occupancy permit or first building 7 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 permit. For single and two - family developments, this section refers to the required subdivision entrance landscape areas. 20.2.3 INSTALLATION TIMELINE With the exception of trees all required landscaping materials shall be installed and approved prior to the issuance of a final Certificate of Occupancy for multifamily, commercial, and industrial developments or issuance of the first building permit for single family or two family developments. The installation of trees may be delayed up to but no greater than 90 days due to seasonal weather provided that a signed letter from the applicant is submitted stating the date when the tree planting will be completed. It is recommended that planting of trees occur from October 1 to December 15 or March 1 to May 15. 20.2.4 VIOLATIONS Failure to maintain required landscaping, to replace dead or destroyed plant material as part of the approved landscape plan, or to adhere to an approved landscaping plan shall constitute a zoning violation, subject to any and all remedies set forth in the Chapter 11 Enforcement, of the Owasso Zoning Code. 20.2.5 VARIANCES The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of the Landscape Chapter only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of the chapter, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal.enforcement'of the regulations will result in unnecessary hardship. 20.3 STREET YARDS 20.3.1 PURPOSE The purpose of street yards is to provide continuity of vegetation along the street right -of -way, creating a pleasing view from the road, and establishing a transition from vehicular thoroughfares, pedestrian areas or the built environment. Minimum dimensions shall apply, and be measured, horizontally. Widths shall be measured from the respective right -of- way /property line. Where street yards turn at street corners, the length measurements determining plant quantities shall not be required to overlap. Table 20 -3 summarizes the street yard requirements. 20.3.2. STANDARDS IN NONRESIDENTIAL AND MULTI - FAMILY DISTRICTS A. STREET YARD All development in the nonresidential and multi- family districts, including churches, schools, and civic type uses shall provide a street yard adjacent to all highways, frontage roads, arterial and collector streets, internal drives, and entrances through nonresidential districts Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 to residential subdivisions. The street yard shall comply with the following standards: 1. Width. The street yard shall be a minimum width of twenty feet (20') for multi - family development, and ten feet (10') for all other development subject to this Section, exclusive of street right -of -way and sidewalk. However, the Administrator may reduce the width of the required street yard during site plan review if the reduction is required for public improvements. 2. Tree Requirements. Within the street yard, one shade tree shall be planted for every fifty (50') linear feet. The number of required trees shall be calculated based on the linear frontage of the required street yard and shall be rounded to the nearest whole number. Trees may be grouped. together or evenly spaced. 3. Parking Lot Screening. Parking lots and drives abutting a street yard that is less than thirty feet (30') in width in all developments shall be screened with either plant material, berms, walls or a combination thereof. 1f shrubs are used for screening they may be placed within the street yard but are in addition to the required number of trees. In no case shall shrubs used for screening be more than four (4) feet from the edge of the parking lot. Shrubs shall be at least 24 inches in height at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet, one (1) year after planting at which time they will form an opaque screen. Shrubs shall be maintained to a height of no more than four (4) feet. a) As an alternative to the shrub requirement, a berm or masonry wall may be used lieu of the required shrubs. If a berm is used the number of required shrubs may be reduced by 50 %. The berm or masonry wall must be at Least three feet (3') but no more than five feet (5') in height. Masonry walls shall be of decorative and /or textured design. Standard smooth faced CMU block is not allowed as a screening wall material. b) Alt loading and service areas, including driveway pavement that serve them, shall be screened from all abutting properties and /or public rights -of -way by a wall, fence, hedge, berm or other durable landscape barrier. Non living screen barriers shall be no less than six (6) feet tall at the time of installation. Living screen barriers shall reach a height of no less than six (6) feet two years after installation. All material shall provide a year round opaque screen. c) All screening material shall be placed in such a way as to not obscure the vision of motorists and must be out of the sight triangles as defined in Section 240.2. Landscape Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 plants that are within the sight triangles shall not reach a mature height of more than 18 ". 20.3.3 STANDARDS FOR SINGLE FAMILY RESIDENTIAL DISTRICTS A. SUBDIVISION STANDARDS A landscape plan is required for the arterial entrance(s) to a single- family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association shall be required to 'provide perpetual maintenance of the landscaped area. B. STREET YARD All commercial development in single family districts, including churches, schools, and civic type uses shall provide a street yard adjacent to all highways, frontage roads, arterial and collector streets, and entrances. The street yard shall comply with the following standards: a) Street Trees and Shrubs i. At least one (1) shade tree and one (1) ornamental tree and three (3) large shrubs per fifty linear feet (50') of frontage along an arterial street shall be planted. The number of plants shall be calculated solely on the Linear footage and shall be rounded to the nearest whole number. The plant material may be grouped together or evenly spaced. If the material is grouped, at least one (1) tree per fifty (50) linear feet of frontage is still required. ii.'Any nonresidential use allowed in a residential zoning district by Specific Use Permit shall meet the non - residential landscaping requirements set forth in Section 20.3.2. iii. As a general rule all required landscape material shall be located outside the arterial street right -of -way. Landscape material may be placed (5') feet inside of street right -of -way, in order to miss obstacles or due to physical limitations of the property. If landscape material is located five feet (5') into the arterial street right -of -way, the sidewalk may be serpentine to allow landscape material to be placed in pocket areas as long as the tree -to- pavement distance of at least four feet (4') is maintained. iv. For landscape material that is to be installed along an arterial street, a fence and a landscape easement of at least ten feet (10') in width shall be provided and shown on the recorded plat. Wood fencing shall utilize galvanized steel posts and the smooth side of fence shall face towards the street. Smooth 10 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 faced CMU block is not a permitted fencing material. A berm may substitute for a fence. Said berm shall be no less than 4 feet in height with side slopes no greater than 3:1. b) Landscape Reserve If a "landscape reserve" is designated on the plat next to an arterial street, the building setback line for lots adjacent to the landscape reserve can be from the planned right -of -way. 20.4 INTERIOR PARKING LOTS A. NONRESIDENTIAL, AND MULTI - FAMILY DISTRICTS In all nonresidential (commercial, office, industrial), multi- family, and mixed -use districts, landscaped areas shall be established and maintained in off - street parking areas as follows: In nonresidential districts, at least one (1) tree and six (6) small shrubs shall be planted for every fifteen (15) parking spaces. In multi - family districts, at least one (1) tree and (8) small shrubs shall be planted for every ten (10) parking spaces. The number of required trees shall be rounded up to the nearest whole number. Landscape material shall be planted inside or within fifteen feet (15') of the edge of the back of the curb around the perimeter of the parking lot, but shall not be placed in the street yard required in 20.3.2. These requirements can be met by placing a portion of the required shrubs within landscape islands. For development sites greater than 2 acres, interior areas of parking lot pavement shall contain landscape planting islands. a) Entry Islands Landscape islands with a planting area measured at least nine feet (9') in width face of curb to face of curb and a minimum length of eighteen feet (18') in length shall be provided on each side of all drives that provide access from the street to the property (See Figure 20 -4). Length of said islands may be required to be longer than 18 feet depending upon the size and intensity of the use. b) Internal Islands Planting islands shall be located at each terminus of each single row of parking and, when a single row of parking contains more than 15 parking spaces, at intervals between each terminus. The intervals shall be such that planting islands within a single row of parking shall be separated by no more than 15 parking spaces (See figure 20 -5). Planting islands shall contain at least one shade tree. In addition, planting islands shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet in height. Such planting islands shall have a minimum area of 150 square feet. In double rows of parking a 11 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 planting island required for one row may be combined with a planting island required for another row, in which case the minimum area shall be 300 square feet. c) Litter Control In parking lots that contain two hundred (200) or more parking spaces, for every row of parking provided, at least one (1) trash receptacle shall be provided. The receptacle shall be affixed to the ground and shall be of a decorative nature. The receptacle shall be designed to keep trash from blowing out and shall be regularly emptied and maintained by the property owner. Trash cans may be placed within landscape islands. For development sites less than 2 acres, Interior parking lot areas of pavement shall contain the following. a) Entry Islands Entry driveway islands shall be provided in accordance with 20.4 A.2 b) Internal Islands There shall no requirements for planting islands for every 15 parking spaces, however no parking space shall be located more than fifty feet (50') from a landscaped yard as depicted in Figure 20 -1, and landscape islands shall be placed at the beginning and end'of each row of parking stalls. Said islands shall contain at least one hundred square feet (100 sq. ft.). 4. For parking tots in excess of 250 spaces a pedestrian landscape island (see figure 20 -6) containing a sidewalk shall be installed for the entire length of a parking aisle. Said island shall align with the main entrance to the building, shall be bounded on both ends by perpendicular landscape, islands, shall be a minimum of at least sixteen (16) feet wide with a five (5) foot sidewalk in the middle OR twelve (12),feet wide with a five (5) foot sidewalk along one side. Figure 20 -6 provides an example of a pedestrian island. The walkways shall be built with ADA accessible ramps at intervals throughout. 5. All parking lot landscaped areas and islands shall be protected by a raised six -inch (6 ") concrete curb, OR shall be designed as raingardens with inlets for stormwater. Pavement shall not be placed closer than four feet (4') from the trunk of a tree. 6. Planting areas and islands shall have a minimum prepared depth of 18 inches. Landscaped areas shall be covered with mulch, ground cover or grass between shrub and tree plantings. (See Figure 20 -12) 12 Adopted # ## CITY OF OWASSO LANDSCAPE REOUIREMENTS Chanter 20 Figure 20 -4 Figure 20 -5 13 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 Figure 20 -6 B. ALTERNATIVE PARKING LOT ISLAND DESIGN Parking lot islands as described in 20.4 A.2 may be constructed as rain gardens in order to reduce costs associated with detention and storm water infrastructure. Figures 20 -7 and 20 -8 provide examples of such techniques. Figure 20 -7 14 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 '1 - - etb nia: s'tp :atnaM CtLV IdIN —_ -xL ✓v= ,raYarbv i6ryT +1tAA'E'St P PHid'a:C wdtras Wsrsxruadk Cr 15m hMN VAFM i9.!ra:tp[tll - g.'exr ofxsxmvvxrPw Wnaxn]arri ' retl � -... 5nra2 m y'a :e wr6 i .. •_ ; � nM:nr u:Maxn taa:aCu ✓aei 1 ' Figure 20 -8 C. EXPANSION OF USES The expansion of an existing use, structure or parking tot that meets the criteria set forth in 20.1.2.D shall be required to bring the entire site into, compliance with this Section. D. YARD CALCULATIONS Landscaping as required within a planting yard shall be counted for only that planting yard and shall not be used in calculating the minimum quantity for any other planting yard. Table 20 -3 summarizes the parking tot yard requirements. 20.5 BUFFER YARDS 20.5.1 PURPOSE Buffer yards are intended to ensure that an area of appropriate size and density of plantings is planted or preserved between zoning districts and /or uses. Buffer yards widths shall be measured from the respective property line, except where buffer yards are permitted to straddle property lines, as set forth in Section 20.5.3 C. Where buffer yards turn at property corners, the length measurements determining plant quantities shall not be required to overlap. Table 20 -3 summarizes the buffer yard requirements. 15 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 20.5.2 BUFFERING OF DEVELOPMENT ADJACENT TO RESIDENTIAL ZONES AND USES A. COMMERCIAL AND OFFICE USES Whenever a non residential use in the CS, CG, CH, OL, or OM district is proposed adjacent to a property with residential zoning or residential use, the nonresidential use shall provide a landscaped buffer of at least ten feet (10') in width within the nonresidential property. Any non- residential use that abuts a single- family or two - family development shall be required to provide a screening fence or watt at least six (6) feet in height along the entire property frontage, abutting the residential use. The buffer shall provide landscaping utilizing one of the following methods: 1. One (1) medium or large evergreen tree or two (2) ornamental trees, plus ten (10) medium shrubs for every thirty (30') linear feet or portion thereof of adjacent exposure to the adjoining lot; 2. or one (1) medium to large evergreen tree plus (5) large shrubs for every thirty (30') linear feet or portion thereof of adjacent exposure to the adjoining lot; 3. or one (1) large evergreen tree plus one ,(1) large shade tree or two (2) ornamental trees for every thirty (30') linear feet or portion thereof of adjacent exposure to the adjoining lot; or 4. installation of a berm with a height of no less than four (4) feet (3:1 side slopes max.) planted with one (1) medium or large evergreen or shade tree or two (2) ornamental trees, plus five (5) small or medium shrubs for every thirty (30') linear feet or portion thereof of adjacent exposure to the adjoining lot; or 5. construction of an opaque fence or wall with a height of no less than six (6) feet and (1) medium or large evergreen tree, plus (5) five medium or large shrubs for every forty (40') linear feet or portion thereof of adjacent exposure to the adjoining lot. If the fence or wall is constructed with brick, stone, split faced block, or similar material, then the shrub requirement may be waived subject to approval by the Administrator. Specific Use Permit uses adjoining residential uses shall be required to provide a landscape buffer using one of the above methods as determined by the Administrator, Planning Commission, or City Council. B. INDUSTRIAL USES Whenever a non - residential use in the IL, IM, or IH district is proposed adjacent to property with residential use, the nonresidential use shall provide a landscaped buffer of at least twenty feet (20') in width within 16 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 the non - residential property. The buffer shall provide landscaping utilizing one of the following methods 1. Two (2) medium or large evergreen trees, plus eight (8) large shrubs for every forty (40') linear feet or portion thereof of adjacent exposure to the adjoining lot; or 2. one (1) medium to large evergreen tree and one (1) large shade tree for every thirty (30') linear feet or portion thereof of adjacent exposure to the adjoining lot; or 3. installation of a berm with a height of no less than four (4) feet (3:1 side slopes max.) planted with one (1) medium or large evergreen tree, plus five (5) medium shrubs for every forty (40') linear feet or portion thereof of adjacent exposure to the adjoining lot; or 4. construction of an opaque fence or wall with a height of no less than six (6') feet and two (2) medium or large evergreen trees, plus three (3) medium or large shrubs for every forty (40') linear feet or portion thereof of adjacent exposure to the adjoining lot. If the fence or wall is constructed with brick, stone, split faced block, or similar material, then the shrub requirement may be waived. Specific Use Permits in industrial districts that adjoin residential uses shall be required to provide a landscape buffer using one of the above methods as determined by the Administrator, Planning Commission, or City Council. SPECIFIC USE PERMITS IN RESIDENTIAL DISTRICTS Specific use permits issued in residential districts shall be required to provided buffers to a degree that is no less than any of the methods described above or as determined by the Administrator, Planning' Commission, or City Council. 20.5.3 STANDARDS FOR BUFFER YARD DEVELOPMENT. A. PROHIBITED USES. ,The construction of any building or the placement of any mechanical equipment within the landscape buffer yard is not permitted except for equipment necessary for the provision of utilities. Signs may be placed within the buffer yard consistent with the Sign Regulations of this Chapter. Active recreational uses, such as play fields, swimming pools, racquetball and tennis courts or other active, structured recreational uses, or circulation drives and parking lots, shall not be permitted in the buffer yard. B. PERMITTED USES The following other uses may be permitted in a buffer yard provided that none of the required plant material is eliminated, the intended 17 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 screening is accomplished, the total width of the buffer yard is maintained, and all other requirements of this Section are met: 1. Passive recreation; 2. Sculpture, outdoor furniture, picnic areas; pedestrian, bike or equestrian trails, golf courses; 3. Storm water detention or retention basins; 4. Parks and open space. C. REDUCTION IN REQURIED BUFFER YARD PERMITTED. Where a dedicated buffer yard exists on an abutting property, a reduction or elimination in a buffer yard for a property to be developed may be allowed subject to the following: 1. The adjoining property owners have provided a written agreement restricting the use of the dedicated buffer yard to uses provided for in this Section, and; Maintenance of the existing buffer yard is consistent with the requirements of this Section, the Administrator may approve a reduction in the required buffer yard of adjoining Lots for the property to be developed; and 2. The "net" buffer yard satisfies the minimum buffer yard requirements of this Section. The net buffer shall include the cumulative total for both required buffers. D. EXISTING VEGETATION. Existing healthy vegetation may be counted toward required landscaping. In order to do so, the landscape plan shall indicate the type, number and size of existing plants which are sufficient to comply with the respective buffer yard. It shall not be necessary to indicate the total inventory of existing plants. Only plants required to meet the provisions of this Chapter shall be required to be listed. E. APPLICATION TOWARD SETBACK REQUIREMENT Buffer yard areas shall be counted towards the required building setbacks. F. DESIGNATION OF BUFFER YARD AS LANDSCAPED AREA Buffer yards shall be designated as landscaped areas on the application for development approval and as landscape easements when shown on a subdivision plat. The buffer yard shall be recorded with the title of the property as a landscape buffer yard easement. G. BUFFER YARD ON PROPERTY LINE When platting abutting lots, the applicant may dedicate a buffer yard that straddles the property line, provided the cumulative buffer width is maintained for both yards. H. EXISTING FENCES. It is the responsibility of the developing property to provide the buffer yard. Existing perimeter fences that may be present in an existing 18 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 single family neighborhood, for example, do not relieve the developing property owner(s) from providing the required buffer yard. 20.5.4 EXEMPTIONS. Certain uses are exempt from the buffer requirements as described in this section. Exemptions include, but are not limited to the following: A. Lots or parcels on which the uses or buildings demonstrate compatible design elements and are linked to adjacent lots or buildings by a common system of sidewalks or other pedestrian walkways across property lines; or B. Lots or parcels separated by a public street right -of -way greater than thirty(30) feet in width; or C. Lots or parcels separated by a railroad right -of -way; or D. Between similar land uses if one (1) of the following scenarios exists: 1. In instances where similar or compatible land uses are immediately adjacent to one another and the installation of a Buffer Yard between the uses would negate the effectiveness of the development of those properties or impede the flow of traffic and pedestrians; or 2. In instances where similar or compatible land uses are immediately adjacent to one another and the change;' in the topography is such that the installation of a Buffer Yard between the uses would negate the effectiveness of the requirement for a Buffer Yard. In such cases the developer would be required to provide a coordinated landscape development plan that shows the quantity and location of the proposed landscaping. E. If the, developer is exempted from the required buffer yard, this exemption does not relieve the developer from providing the required plant material as if the property were developed as individual parcels. Should a developer not agree to all of the above conditions, all Buffer Yards associated with development must be installed per the current requirements of this section. 20.6 BUILDING YARDS. 20.6.1 PURPOSE AND APPLICABILITY The purpose of building yards is to aesthetically and visually enhance the appearance of buildings. Building yards shall be provided along the portion(s) of the building facing any adjacent off - street parking area, excluding loading /unloading areas. Minimum dimensions shall apply, and be measured, horizontally. Widths shall be measured from the respective front wall of the building. Where building yards turn at building corners, the length measurements determining plant quantities shall not be 19 Adopted # ## CITY OF OWASSO LANDSCAPE REOUIREMENTS Chanter 20 required to overlap. Building yards shall be of different types, based upon the size of the structure around which the building yard is to be located. The width of the building yard and the density of plantings shall increase as the size of the structure around which the building yard is to be located increases. Entrance walkways to buildings may cross building yards. The width of the entrance walkway shall not be calculated as part of the length of the building yard for purposes of determining the total required Landscaping, provided, however, that the width deducted for the entrance walkway shall not exceed the width of the entrance to the building. Table 20 -3 summarizes the building yard requirements. 20.6.2 YARD TYPES There shall be three different categories of building size for purposes of determining the building yard type: Category 1 Buildings 2,500 Square Feet to 9,999 square feet of building footprint. The Administrator may allow buildings that fall within this category alternative compliance to the required building yards. Such alternatives may include providing foundation plantings along the sides and back of the building or spreading the required amount of building yard plant material to other areas on the site. Buildings less than 2,500 square feet are exempt. Category 2 Buildings 10,000 Square Feet to 99,999 square feet of building footprint. Category 3 100,000 square feet of building footprint and over. A. BUILDING YARD CALCULATIONS Table 20 -2 identifies the building yard requirements based on the size of the structure around which the building yard is to be located, Table 20- 2:.Building Yard Landscaping Requirements Building Minimum Min. Required Min. Required Min. Required Small Yard Width Shade Trees Ornamental or Medium Evergreen Category Trees Shrubs 1 4 feet N/A 11 per 30 [in. Feet 8 per 30 [in. Feet 2 8 feet 11 per 50 [in. Feet 1 per 50 [in. Feet 12 per 30 [in. Feet 3 12 feet 11 per 50 [in. Feet 1 per 50 [in. Feet 16 per 30 [in. Feet 20 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 Summary Table (Table 20 -3) Development Type Non - Residential Development Single Family Churches, Schools, Landscape Element (Commercial, Office, Multi- Development Civic Buildings Family, Industrial) Nonresidential districts, at least one (1) tree and six (6) small shrubs for every fifteen (15) parking spaces. In multi - family districts, at least one (1) tree and (8) small shrubs shall be Interior Parking Lot planted for every ten (10) N/A Same as non - residential parking spaces. Planting islands districts at each terminus of each single row of parking and, when a single row of parking contains more than 15 parking spaces, at intervals between each terminus for lots more than 2.5 acres (see 20.4 A). Minimum 10' wide, one (1) shade tree and 20' wide for multi - family, 10' one (1) ornamental tree 10' wide, 1 shade and 1 Street Yard wide for all other. 1 shade and 1 and three (3) ornamental tree per 50 LF. Wall, fence, or berms required ornamental tree per 50 LF large shrubs (see 20.3.3.B per fifty linear feet (50� of frontage along arterial street Required if street yard is less Required if street yard is less than 30'. Opaque screen no than 30'. Opaque screen no Parking Lot Screening higher than 4'. May use plant N/A higher than 4'. May use plant material, walls or berms to material, walls or berms to achieve the requirements (see achieve the requirements (see 20.3.2 A.3 ) 20.3.2 A.3.a.iv 10' for Commercial and Office 10' if abutting residential. uses abutting Residential. 20' Shrubs, trees, fencing or Buffer Yard for Industrial Uses abutting N/A combination of the three. (see residential. Screening methods 20.5.2.A) vary see 20.5.2.A Fencing or vegetation to provide Fencing or vegetation to Service and Loading year round opaque screen no N/A provide year round opaque Areas less than 6 feet in height (see screen no less than 6 feet in 20.3.2 A.3.b ) height see 20.3.2 A.3.b Foundation plantings required. Foundation plantings required Building Yard Widths vary in relation to the N/A Widths vary in relation to the square footage of the building square footage of the building see 20.6. see 20.6). 21 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 20.7 MECHANICAL EQUIPMENT AND SERVICE AREA SCREENING 20.7.1 MECHANICAL EQUIPMENT AND SERVICE AREAS Mechanical equipment, trash enclosures, dumpsters, loading docks, and service yards located at ground level shall be screened with visual barriers from all adjacent properties, public roadways, parks, or other public areas. Trash enclosures and dumpster areas shall be constructed of material that is architecturally compatible with that of the main structure and shall be a minimum of 6 feet in height (see Figure 20 -9). 20.7.2 UTILITIES Utility sub - stations shall be screened with either opaque fencing or large evergreen shrubs reaching a height of no less than 6 feet at maturity. Where Possible, transformers and other above ground utility boxes shall be screened. All screening materials shall meet the utility company standards. 20.7.3 ROOFTOPS The architectural design of buildings shall incorporate design features which screen, contain and conceal all rooftop heating, ventilation, and air conditioning units, (see Figure 20 -10) Figure 20 -9 22 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 Parapet WaN. Equal to Equipment Hnght 71 Figure 20 -10 20.8 TREE PRESERVATION CREDITS A. TREE PROTECTION AND REPLACEMENT The purpose of this Section is to establish incentives for the preservation of existing trees within Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. 1. Grading Permit No clear - cutting of land is allowed without a grading permit from the Public Works Department. Clear - cutting should be avoided at all costs as the preservation of existing trees provides a benefit to the community. 23 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 2. Tree Preservation Credits For every existing tree that is preserved in an area where landscaping is required by this Chapter, the developer shall be given credit in accordance with the following table. Only trees in good condition having been protected in accordance with Subsection 20.10.3.C. below shall be considered for credit. The table below references the caliper of the tree measured at DBH (Diameter Breast Height); or. Less than 2 inches No credit 2 to 3 inches 1 tree 4 to 16 inches 2 trees 17 to 30 inches 3 trees Larger than 30 inches 4 trees 20.9 DESIGN CONSIDERATIONS. A. OVERHEAD POWER LINES The presence of overhead power lines requires street yard trees to be ornamental trees. Larger shade tree varieties are encouraged where overhead power lines are not present or in situations where the crown of the tree will not interfere with the power lines. (see Fig. 20 -11, below) � v �3 Figure 20 -I1 B. Sight Triangles. Corner lots, and situations where driveways and alleys intersect with street rights -of -way, shall be kept free of landscaping and plant materials that interfere with the vision of motorists or pedestrians (see Section 20.3.2.A.3.f). 20.10 SPECIFICATIONS FOR PLANT MATERIALS AND INSTALLATION. 20.10.1 SIZE STANDARDS The minimum allowable plant size for new installations shall be as set forth herein. Due to the variation between genus and species, the caliper or 24 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 height necessary for newly installed plant materials may vary. As a general rule, the caliper or diameter of trees is typically described as diameter at breast height or DBH. The height of shrubs shall be a minimum of 24 inches as measured at ground level to the top of the densest portion of the top of the shrub or hedge. A. Shade Trees. Shade trees shall measure a minimum 2 inches in caliper DBH, and 10 to 12 feet in height at the time of planting. B. Ornamental Trees. Ornamental trees shall measure a minimum 1.5 inches in caliper DBH for single -stem trees or 1 inch in caliper DBH for multi -stem trees, and 6 to 8 feet in height at the time of planting. C. Large Shrubs. Large shrubs, normally planted for screening, shall measure a minimum of 3 feet in height at the time of planting. Shrubs planted for screening purposes shall form the required density to block visibility within three (3) years from the date of installation. D. Medium or Small Shrubs. Medium or small shrubs shall measure a minimum of 18 inches in spread and /or height at the time of planting. A mix of deciduous and evergreen shrubs is encouraged in order to obtain a variety of color and texture throughout the year. E. Ground Cover (Organic). Organic ground covers shall provide 100 percent coverage on the ground within three (3) years of installation. Except for seeding, grass or turf shall provide 100 percent coverage upon installation. Organic mulch (e.g. cedar mulch) shall be used around plantings to maintain soil moisture and prevent the growth of weeds. F. Ground Cover (Inorganic). Inorganic ground covers consisting of river rock or similar materials may be used provided they do not exceed 20 percent coverage of the required landscape planting area. Pea gravel is prohibited in any parking lot island or street yard. 20.10.2 SELECTION OF PLANT MATERIALS. All plant material, except Ground Covers, shall be those plants that are accustomed to growing and thriving in USDA plant hardiness zones 6b or 7a and capable of withstanding extended periods of heat and /or drought. Consideration shall be given to the environmental conditions of the site, such as soil, topography, climate, microclimate, pattern of sun movement, prevailing winds and precipitation, and air movement to ensure that plant materials will be established successfully. Tree selection for street yards, or other locations within utility rights -of- way, shall consider the presence or planned addition of overhead 25 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 utility lines. Such trees shall be small and medium trees that are pest and disease - resistant and are slow growing. A. Substitution of Plant Materials. The Administrator shall have the authority to approve the installation of comparable substitution plant materials to satisfy the requirements of the approved landscape plan when the approved plants and landscape materials are not available at the time that installations are to occur, or when other unforeseen conditions prevent the use of the exact materials shown on the approved landscape plan. Significant changes that require the replacement and relocation of more than 25 percent of the plant materials shall require a new landscape plan and approval through the plan review process. B. Mix of Genus and Species Encouraged. Except for Street Yard trees (3 11.7), a mix of genus and species of trees, shrubs, ground covering, perennials and annuals is encouraged in order to avoid potential loss due to infectious disease, blight, or insect infestation. Street Yard trees should retain a reasonably uniform pattern along both sides of a street within the same block or corridor. C. Prohibited Plants. While it is the purpose of this chapter to promote attractive urban environments through landscaping, the regulations are not intended to diminish the creativity of the designer in selecting their planting pallet. It is expected that landscape plans will be prepared by individuals with a strong knowledge of local plant material. The following prohibited trees may be planted, but cannot be used to meet the requirements outlined in this chapter. • Cottonwood, Populus deltoides • Bradford Pear, Pyrus calleryana 'Bradford' • Tree of Heaven, Ailanthus altissima • Osage Orange, Maclura pomifera • Amercian Elm, Ulmus americana • Silver Maple, Acer saccharinum • Box Elder, Acer negundo • Norway Maple, Acer platanoides • Mimosa, Albizia julibrissin • Lombardy Poplar, Populus nigra • Black Locust, Robinia pseudoacacia 20.10.3 STANDARDS FOR INSTALLATION OF LANDSCAPING MATERIALS The following standards shall apply for installation of plant material. A. Shrub Bed Preparation. Preparation of plant pits, hedge trenches and shrub beds shall be done in conformance with Figure 20 -12. 26 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 W Lp 18 " min. 5HM W MAIL Figure 20 -12 Op of rated topsoi -r - -- aigtkal c(a� mininm 118 or rA W ,+Ma-15de B. Tree Planting. Tree planting shall adhere to the standards below. Figure 20 -13 provides a general detail for proper tree planting. 1. Excavate tree pits with vertical sides approximately the depth of the root ball and with a circular outline which shall be approximately 1.5 to 21 times wider than the root ball. For planting pits, beds or trenches which are to be developed where paving existed previously, all paving and base stone shall be removed as part of the excavation. 2. Remove rock, debris, inorganic compositions and chemical residues from soil in planting pits. 3. Cultivate shrub planting pits to a minimum depth of 18 inches. Ground cover and vine planting pits shall be cultivated to a minimum depth of 12 inches. 4. Install root' ball on a flat, compact surface of undisturbed soil and remove any inorganic ties on top of the root ball. Remove the top 1/3 of wire baskets. 5. Leave the top of the tree root ball exposed, to be covered by mulch only. Volcano mulching is not allowed. 6. Finish the planting with a minimum 3 -inch layer of mulch distributed around the tree trunk. 7. Trees shall be staked to ensure they are adequately anchored from wind loads and in such a way as to avoid interference with 27 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 their Stakes shall remain in place for 2 years, after which time they may be removed. 8. Install black corrugated drain pipe around the trunk of the tree after planting to ensure the string trimmers and lawn mowers do not scar the bark. - — = -' T — _ELEVATE CDMR OF PIT AW CMPACT TO PRE/Etr 5ETTLIN6 OF ROOT BALL. Figure 20 -13 C. Site Maintenance During Construction. Equipment, wood and similar objects shall not be stored or laid upon the critical root zone (Figure 11.1 -1) area during or after construction. Chemicals Arid liquid construction wastes shall not be dumped, poured or spilled in the area of any plant materials. Washing of concrete mixers shall not be done near the planting areas. 20.10.4 GENERAL MAINTENANCE OF LANDSCAPING AND SITE 1. The applicant, property owner, and /or subsequent or successor owner, and their agents, including tenants, shall be jointly and severally responsible for maintenance of all landscaping on the property in perpetuity as specified in this Section. MICROSPRAY OR DRIP IRRIGATION IS REQURED FOR ALL PLANTING AREAS. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding and other activities common to the maintenance of landscaping. Landscaped 28 Adopted # ## 12 GA. GALVANIZED HIRE GUY HIRE5 HITH STEEL T' PO5T5, DRIVE INTO BLAGK POLY HOSE UNDI5TURBEO 501L A DEPTH OF 2; P05T5 SHALL SE SET NOS PIPE TREE BOOT A LN #FORM HEIGHT, EACH TREE (IN LAW "{ AREAS) SHALL HAVE T110 STAKES ON REMOVE ALL HIRES/THINE FROM OPPOSITE 5VE5 OF THE TRUNK TOP 113 OF ROOT BALL IN LINE WITH PREVAILING HINDS, PLANT TREE 3" ABOVE FIN15H GRADE. 3` MILCH FINISH G -RARE 3' - 4" EARTH SAUCER P; IS' - PREPARED 50iL AW FERTILIZATION - REFER TO EED PREPARATION IVTE5. EXISTING SOIL OR ADDED TOPSOIL —= =:'_ _ =. -'sT ; ' 5CARFY 510E5 OF THE PLANT PIT - — = -' T — _ELEVATE CDMR OF PIT AW CMPACT TO PRE/Etr 5ETTLIN6 OF ROOT BALL. Figure 20 -13 C. Site Maintenance During Construction. Equipment, wood and similar objects shall not be stored or laid upon the critical root zone (Figure 11.1 -1) area during or after construction. Chemicals Arid liquid construction wastes shall not be dumped, poured or spilled in the area of any plant materials. Washing of concrete mixers shall not be done near the planting areas. 20.10.4 GENERAL MAINTENANCE OF LANDSCAPING AND SITE 1. The applicant, property owner, and /or subsequent or successor owner, and their agents, including tenants, shall be jointly and severally responsible for maintenance of all landscaping on the property in perpetuity as specified in this Section. MICROSPRAY OR DRIP IRRIGATION IS REQURED FOR ALL PLANTING AREAS. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding and other activities common to the maintenance of landscaping. Landscaped 28 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 areas shall be kept free of trash, litter, weeds and other materials or plants not a part of the landscaping. 2. After initial installation, it shall be the responsibility of the owner and /or tenant of the property upon which the landscaping is installed to maintain all required plantings in a healthy, vigorous and attractive state, or replace dead, diseased or deteriorated plants. Within residential subdivisions, the maintenance of street trees in planting strips between curbs and sidewalks which are within the street right -of -way shall be the responsibility of the respective homeowners association, or the abutting. homeowner, in the absence of a homeowners association. 3. If after three (3) years following installation of required screening plant materials, the plants have not formed an effective screen, or if an effective screen is not maintained, the Administrator may require that another type of screen be added or additional plantings be installed. Landscaped areas shall require protection from vehicular encroachment. The Administrator shall inspect all Landscaping and no Certificate of Occupancy or similar authorization will be issued unless the landscaping meets the requirements of this Chapter. 4. All required plant material shall be maintained in a healthy, growing condition as is appropriate for the season. Plant materials which exhibit evidence of insect pests, disease and /or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced within the next planting season after removal. If replacement is necessary, all plants and other non - living landscape materials shall be equal in size, density and appearance as originally required at the time of the approval of the development permit. 20.10.5. TREE TRIMMING. Utility crews and companies are encouraged to do directional pruning of branches interfering with utility lines to prevent damage, disfigurement and heavy suckering and reduce future pruning 'needs. Utility tree trimmers are encouraged to remove branches to laterals (drop- crotching) in order to direct tree growth away from utility lines. Directional pruning includes top trimming, side trimming, under trimming and through trimming. "Hat racking" (see Figure 20 -13) of trees is strictly prohibited. Trees that are "hat racked" shall be replaced with an equal number of caliper inches of new trees. 29 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 10 "Hat Racked" Tree Figure 20 -13 20.11 LANDSCAPE TERMS AND DEFINITIONS 1. ADMINISTRATOR: The term `Administrator' shall be used to define the Community Development Director, the City Planner or their designee. 2. ARBORIST: A qualified professional who has studied the science or art of cultivating trees especially for ornamental use. 3. CALIPER: A standard trunk diameter measurement for trees taken six inches above ground for up to and including four -inch caliper size and twelve inches above ground for larger sizes. 4. CRITICAL ROOT ZONE (CRZ): A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The critical root zone is one foot of radial distance for every inch of tree DBH with a minimum of eight feet. 5. CROWN: The upper mass or head of a tree, shrub, or vine, including branches with foliage. (Source: G. Hightshoe, Native Trees, Shrubs, and Vines for Urban and Rural America (New York: Van Nostrand Reinhold It Co., 1988), at 790). 6. DBH: Diameter -at- breast - height is the tree trunk diameter measured in inches at a height of 4.5 feet above ground level. 7. DECIDUOUS: Plants that lose their leaves annually. 30 Adopted # ## CITY OF OWASSO LANDSCAPE REQUIREMENTS Chanter 20 8. DECIDUOUS TREE: A tree which sheds or loses foliage at the end of the growing season. 9. DRIP LINE: A vertical line from a tree canopy or shrub branch extending from the outermost edge to the ground. 10. EVERGREEN: Plants that retain their foliage throughout the year. 11. EVERGREEN SCREEN: A dense vegetative screen that grows to a minimum of 8 feet in height at maturity and retains foliage year round used for purposes of visual mitigation between zoning districts and /or uses. 12. EVERGREEN TREE: A tree which holds green leaves, either broadleaf or needle - shaped, throughout the year. (Source: G. Hightshoe, Native Trees, Shrubs, and Vines for Urban and Rural America (New York; Van Nostrand Reinhold It Co., 1988) at 791). 13. GABION: A wire basket containing primarily stones deposited to provide protection against erosion. 14. GROUND COVER: A prostrate plant growing less than 2 feet in height at maturity that is used for: a) ornamental purposes, b)alternatives to grasses, and c) erosion control on slopes. 15. HAT RACKING: Topping a tree so severely it resembles a hat rack. 16. HORTICULTURIST: A qualified professional who has studied the science or art of cultivating plants especially for ornamental use. 17. LANDSCAPE ARCHITECT: A landscape architect licensed pursuant to the Oklahoma General Statutes. 18 LANDSCAPE CONTRACTOR: A landscape contractor, or nurseryman, certified pursuant to the Oklahoma Landscape Contractors Registration Board. 19. LANDSCAPING: The process or product of site development including grading, installation of plant materials and seeding of turf or ground cover. 20. NON- LIVING MATERIALS: Landscaping materials used to complement plants such as river rock, stone, bark, and similar materials. 21. NUISANCE: Any tree or shrub or part thereof that grows upon private or public property which 1) interferes with the use of any public area; 2) is 31 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 infected with an infectious plant disease or insects; 3) is invasive and damaging to other plants; or 4) which endangers the life, health, or safety of persons or property. Deleted: 9 22. PLANTING YARDS: The required installation of landscaping and /or screening material between zoning districts and certain individual uses. The four Planting Yards are as follows: a. BUFFER YARD: A planting yard comprised of a strip of land Containing landscaping and /or screening materials, having a varying minimum width, located along side and rear property lines between zoning districts and /or between certain individual uses, as specified in this Article. b.BUILDING YARD: A planting yard comprised of a strip of land Containing landscaping materials located along the front and /or sides of a building and having a varying minimum width, as specified in this Chapter. c. PARKING LOT YARD: A planting yard comprised of a strip, or strips of land containing landscaping materials located around and within a parking lot and having a varying width, as specified in this Chapter, d. STREET YARD: A planting yard comprised of a strip of land containing landscaping materials located along and parallel to a public street, or,streets and having a varying minimum width, as ,specified in this Article. 21.SCREEN or OPAQUE SCREEN: Vegetation, fence, wall, berm or a combination of any or all of these which partially or completely blocks the view of and provides spatial separation of a portion or all of a site from an adjacent property or right -of -way. 22.SHRUB, LARGE:' An upright plant growing to a mature height of more than six (6) feet for use as natural ornamentation or screening. 23.SHRUB MEDIUM: An upright plant growing to a mature height of Less than six (6) feet. 24.SHRUB, SMALL: An upright plant growing to a mature height of less than four (4) feet. 25.SIGNIFICANT STANDS OF TREES OR SHRUBS: A massing or group of trees or shrubs which are (1) in good condition and are established on the site, or (2) which may be among the earliest grown species of the area, or (3) which have been identified by the community with a particular area. 32 Adopted ### CITY OF OWASSO LANDSCAPE REQUIREMENTS Chapter 20 26.STREET TREE: A tree planted along a public street or roadway behind or within the right -of -way. 27.TREE, ORNAMENTAL: A small to medium tree, growing to a mature height of 15 to 40 feet and characterized by specific aesthetic qualities, such as colorful flowering, interesting bark or brilliant fall foliage. 28.TREE, SHADE: A large tree growing to a height of 40 feet or more at maturity, usually deciduous, and characterized by its ability to provide shade cover shade. 29.VINES: A woody plant that spreads as it grows over the ground, walls or trellises. 30YERISCAPE: Landscaping with native plants that utilizes the existing environmental conditions to the best advantage, conserving water and protecting the native environment. 20.12 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of Chapter 20 to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary, The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Councilmeeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 33 Adopted ### The City A Wi* l ,a- Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendment - Text Amendments to the Subdivision Regulations DATE: September 9, 2011 BACKGROUND: The Owasso Zoning Code is a document that needs to be updated and /or clarified periodically. In working with citizens to address problems with developing their properties, staff has discovered that the process for the closing of rights -of -way and easements is not included in the Owasso Zoning Code. Closing a right -of -way or easement removes the ability for the City to enter into the easement and removes the right -of -way from being used by the public. The current procedure complying with the notice requirements provided in state statutes was probably established by Council resolution many years ago, however it should be included within the Zoning Code. Oklahoma State Statute requires jurisdictions to establish a process for the closing and vacation of easements and rights -of -way, so this amendment is being brought forward for official inclusion in the Subdivision Regulations of the Owasso Zoning Code. PROPOSED TEXT AMENDMENT TO THE ZONING CODE: The proposed text amendment to the City of Owasso Zoning Ordinance will amend the Subdivision Regulations, by adding a section for the closing of rights -of -way and easements as "Section 3.5.5 Easement and Rights -of -Way Closure Process" and would read as follows: Section 3.5.5 Easement and Rights -of -Way Closure Process All requests for the closing of any public way or easement within the City of Owasso shall be submitted, with the appropriate documentation as outlined in this article, to the Community Development Department. Prior to the closing of a public way or easement, a public hearing shall be conducted by the City Council. Written notice of any proposed closing of public way or easement shall be provided to any holder of a franchise or other entity determined to have special rights or privileges granted by the legislative body. The required notice shall be given at least thirty (30) days prior to the public hearing. The public notice for the closing hearing shall also be published in a newspaper of general circulation in the City of Owasso at least thirty (30) days prior to the public hearing. The closing of any public way or easement shall only be allowed through an ordinance passed by the City Council. Reopening a public way or easement: The City of Owasso shall retain the right to reopen any public way or easement without expense to the City. The public way or easement may be reopened by ordinance when: 1. The City of Owasso City Council deems it necessary; or 2. An application of the property owners owning more than one half in area of the property abutting the public way or easement to be closed is filed with the City of Owasso Community Development Department. Applicants may also vacate the public way or easement by proceeding through district court. A public way or easement can only be vacated after the City Council approves the closing ordinance. Vacating the public way or easement forecloses on the City's right to reopen the public way or easement. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on September 12, 2011. RECOMMENDATION: Staff intends to recommend City Council approval of the text amendment to the Subdivision Regulations of the Owasso Zoning Code subject to Planning Commission recommendation. If approved, staff will present an ordinance reflecting such changes at the next regular meeting of the City Council following such approval. ATTACHMENTS: Oklahoma State Statute Section Regarding Closing of Rights -Of -Way and Easements Oklahoma State Statute Title 11, Chapter 1 Article Article XLII - Vacating Plats and Public Ways Section 42 -110 - Power to Close Public Ways or Easements by Ordinance - Reopening - Rights of Utilities. A. The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality. B. The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement. C. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever: 1. The municipal governing body deems it necessary; or 2. An application of the property owners owning more than one -half in area of the property abutting on the public way or easement previously closed is filed with the governing body. D. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof. Aft The City wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendment DATE: September 9, 2011 BACKGROUND: The Owasso Zoning Code is a document that requires updating and /or clarification on a periodic basis. In working with applicants and developers, staff has discovered that the terms Amenity and Accessory Dwelling Unit are not defined within the Owasso Zoning Code. An amenity is a very important aspect in development of new commercial and residential properties and should be clearly defined to avoid confusion or misunderstanding. The term accessory dwelling unit is important to define within the Zoning Code because it is used frequently in language designed to protect single - family neighborhoods by promoting uniformity within these neighborhoods where necessary. In order to clarify certain requirements and assist applicants, citizens, and staff when interpreting text, these additions and updates to the Zoning Code are needed. Staff does not anticipate any great changes due to these additions, but they will assist staff in ensuring that development is performed responsibly within the City of Owasso. PROPOSED TEXT AMENDMENT TO THE ZONING CODE: The proposed text amendment to the City of Owasso Zoning Ordinance will amend Chapter 14, Definitions, by adding a definition for Amenity and amending the definition for Accessory Dwelling Unit. The proposed definitions are as follows: Amenity: any tangible benefit to a piece of a property, especially those that increase its attractiveness or value or that contributes to the comfort or convenience of the nearby residents. Tangible amenities might include park areas, swimming pools, tot lots, or playgrounds, disc golf course of nine baskets or more, walking trails or bike paths, tennis courts, basketball courts, picnic areas, or similar facilities that allow people to recreate, gather and socialize. In most cases, parking should be provided for the amenity. Accessory Dwelling Unit: A subordinate residential unit incorporated within, attached to, or detached from a single- family residential unit and having its own sleeping, cooking, and sanitation facilities. Such subordinate unit shall not be subdivided or otherwise segregated in ownership from the principal residential unit and shall not be used for rental. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on September 12, 2011, RECOMMENDATION: Staff intends to recommend City Council approve the attached text amendment to the Owasso Zoning Code subject to Planning Commission recommendation. If approved, staff will present an ordinance reflecting such changes at the next regular meeting of the City Council following such approval. APIR The City Wim'e ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Pelivan Transit Agreement Renewal DATE: September 9, 2011 BACKGROUND: Pelivan Transit is a demand - response transportation service operated by the Grand Gateway Economic Development Association, a non - profit organization operating primarily on funding from government and corporate entities, including federal and state grants. Pelivan Transit focuses on providing transportation to individuals who do not consistently have a private means of transportation. Pelivan Transit began its Owasso operations in December 2007, following City Council action to approve a one -year agreement for transportation services between the City of Owasso and Grand Gateway in the amount of $41,975. Since that time, the service has built a stable customer base. Pelivan operates two handicap accessible vans in the Owasso area, Monday through Friday, from 8:00 am until 4:00 pm. Pelivan introduced an 11- passenger bus to the City of Owasso's operation as a new service last year. This particular vehicle is equipped with a lift to accommodate larger wheelchairs and operates in Owasso two to three times per week. Following a surge in the price of fuel, the City's contribution increased the second year of operation to $49,393. The City's contribution remained the same for the third year of operation as Grand Gateway continued to receive additional state and federal grant funding. For FY 2012 Pelivan is requesting the same amount as FY 2011, $49,393, for the required local match funding for the continued support of administration and operational costs for a three vehicle operation to the City of Owasso. TRANSPORTATION DATA: Data collected by the Pelivan Administration staff indicates that ridership during the first two years of operation increased significantly during the months of January through June and remained steady during the remainder of both years. Data collected for 2010 up to July 2011 shows ridership trending upward. From July 2010 to July 2011 there were a total of 33,620 passenger miles traveled for the Owasso service, compared to 28,644 for the same time frame the previous year. Last year approximately 80% of the ridership consisted of disabled citizens, elderly citizens, or elderly disabled citizens. The percentage of the general public trips increased from approximately 20% between July 2009 and July 2010 to 29% between July 2010 and July 2011. This may be in part due to Pelivan increasing its exposure and the recent hiring of a marketing coordinator. Considering that Pelivan is open to all citizens, not just a certain population group, the service has the opportunity to become a viable transportation option in Owasso through marketing and partnering with the City. There is also the potential that Pelivan could be utilized during events such as major youth sports tournaments. Pelivan plans to introduce additional vehicles to Owasso's area of operation in the future if the added service is able to pay for itself through increased ridership revenue or other grant funding. REQUEST FOR ACTION: Pelivan Transit is requesting the City of Owasso execute a letter of agreement for services to be provided by Pelivan from October 1, 2011 through September 30, 2012 in the amount of $49,393. This expenditure is included in the FY 2012 Budget. RECOMMENDATION: Staff recommends City Council approval of an agreement for services between the City of Owasso and Grand Gateway in the amount of $49,393 and authorization for the City Manager to execute the agreement. ATTACHMENT: A. Letter of Request B. Purchase of Service Agreement C. Ridership Data rand Gateway April 25, 2011 Rodney Ray, City Manager City of Owasso P.O. Box 180 Owasso, OK. 74055 Dear Mr. Ray: This is to notify you in writing that Grand Gateway E.D.A./Pelivan Transit is requesting budget funding for FY -2012 for demand response public transportation for the City of Owasso. Attached is a detailed budget for FY -2012 and a summary of the past three years' operation. Pelivan Transit began operations for the City of Owasso on December 21, 2007. The Ridership results to date continue to steadily increase and our transportation services have become popular and favorable to the riders in the City of Owasso. We have transferred an 11- passenger bus to the City of Owasso's operation. This bus operation is being funded by a Federal Transit Administration grant and local match from Morton Comprehensive Health, Inc. Two bus routes are operated on Monday, Wednesday, and Friday with a loop from Tulsa/Owasso/ Collinsville /Oologah/Nowata/Bartlesville and back around 9am and then again around 2pm. These two loops provide intercity connections addressing medical appointment transportation needs at various Morton locations as well as the Jane Phillips Hospital in Bartlesville. There is no charge to the rider for these transportation routes and they are open to the public. Our newly hired Marketing Coordinator, Devon Murray, will be generating some flyers, brochures, calling cards and various publications to be distributed in the Owasso area as well as along these routes to promote ridership. We will additionally utilize the driver between route days to provide some Soonerride transportation in the Owasso area. All revenue generated from this service will be applied to the Owasso City transportation budget. We have seen favorable results in the other cities with this approach to help with the local match needs. During these economical times and the pending rising cost of fuel, we are planning to continue our city operations "status quo ". We are requesting the same amount of $49,393 for the required local match funding for the continued support of Administration and Operational costs for a three vehicle operation to the City of Owasso for FY -2012. The total budget is $182,722 and we have secured $133,329 in other grants from the federal, state and local entities to subsidize the Owasso operation. We plan to introduce more vehicles to your area's operation in the future if the added service is able to pay for themselves through other federal grants and local match subsidies that will be applied as income toward the Owasso budget. I am available to clarify any budget information and will plan to attend the board meeting for any questions if needed. Sincerely, Debra McGlasson, Pelivan Transit Director (918; 783-5793 rand Gatew Fax: (91s3;' 783-5786 Econoja7ic Develolwnent. .A.ssr�ciadoja Purchase of Service Agreement This letter establishes an Agreement made and entered into on the day of , 2011, between The City of Owasso and Grand Gateway Economic Development Association /PELIVAN TRANSIT regarding financial assistance to the Association for the operation of a demand - response Public Transportation System operated by Pelivan Transit for FY -2012. Whereas, the City of Owasso and area business leaders have identified certain community needs and set certain goals for the economic development of the community. Whereas, there is a need to implement programs for the City of Owasso to meet a need to provide services to attract and serve the elderly and retirees in order to become a more desirable retirement community, as well as providing a much needed service to all citizens of the community. Whereas, the Grand Gateway Economic Development Association is operating a Transportation Program established under the Oklahoma Department of Transportation Section 5311 Transportation Program which will provide public transportation for the citizens of Owasso and has requested the City to assist in financing this program. Whereas, the City of Owasso will provide $49,393 to the Association for Grand Gateway's service in providing public transportation to the citizens of Owasso, Oklahoma. Payments may be rendered in ten (10) monthly payments of $4,939.30 or a lump sum payment payable to Grand Gateway E.D.A. /Pelivan Transit, P. O. Drawer B, Big Cabin, OK 74332. Grand Gateway /Pelivan Transit will provide ridership totals for the previous month based on actual ridership with each monthly billing. Whereas, Grand Gateway's Pelivan Transit will assign two (2) vehicles with drivers, and one (1) dispatcher for the City of Owasso and one (1) vehicle will be added during the FY -2012 Grant year to accommodate an intercity route and Soonerrides for Owasso and the surrounding area commencing October 1, 2011 through September 30, 2012 (FY -2012) to operate the demand- response city /rural /variable distance routes from 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of Holiday's as listed below: New Year's Day Labor Day Martin Luther King, Jr. Day Veteran's Day Memorial Day Thanksgiving Day (Two days) Independence Day Christmas Day (Two days) FEDERAL /STATE ASSISTANCE: The Pelivan Transit, CONTRACTOR and the City of Owasso are particularly advised that the execution and continuance of the AGREEMENT is contingent upon receipt of financial assistance from the Federal and State levels. This AGREEMENT will terminate if the Federal funding is discontinued. The State assumes no responsibility to fund this program if there is a failure of Federal Funding. CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the period indicated above and is subject to early renewal by the governing body of the City of Owasso. INSURANCE: Grand Gateway Economic Development Association, d /b /a Pelivan Transit, shall maintain liability insurance on all vehicles covered by this AGREEMENT with limits of liability in the amount of Five Million and no /100 dollars ($5,000,000.) for any number of claims arising out of a single occurrence or accident, and shall provide proof of coverage to the City of Owasso when requested. Whereas, the terms of this Letter of Agreement may be changed only through mutual agreement by both parties. Edward J. Crone, Exec.Director Rodney Ray, City Manager Grand Gateway E.D.A. City of Owasso P.O.Drawer B P. O. Box 180 Big Cabin, OK. 74332 Owasso, OK 74055 Notary: Signed before me this day of 1 2011 Notary: Signed before me this day of 1 2011 Oe T Gigot Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: SUP 11 -02 Specific Use Permit to Allow a Firearm Training Facility DATE: September 9, 2011 BACKGROUND: SUP 1 1 -02 is a request for a Specific Use Permit to allow a multi -use firearm training facility for the Owasso Police Department. The property is currently undeveloped and not platted, and was formerly used as a firearm training facility. Vehicular access to the property is restricted to a single road with a locked gate that comes through the Owasso Wastewater Treatment Plant to the north of the subject property. The property is zoned AG (Agriculture) and a rifle range is an allowed use in an AG district with an approved Specific Use Permit. SURROUNDING LAND USE /ZONING DESIGNATIONS: Direction Zoning Use Land Use Plan Jurisdiction Industrial Light Wastewater North (IL) Treatment Industrial Owasso Facility South Undeveloped Undeveloped Industrial Tulsa Count Agriculture Wastewater Owasso & East (AG) Treatment & Industrial Tulsa County Undeveloped West AgriAculture Railroad Industrial Tulsa County ANALYSIS: The applicant, Owasso Police Department, is requesting a Specific Use Permit (SUP) to construct a multi -use firearms training facility on a 19.18 acre tract of land zoned Agriculture (AG). The actual use of the property would be defined as a rifle range, allowed in the AG district with an SUP. Specific Use Permit applications require the applicant to provide more detail relating to the site plan and building architecture because the uses are sometimes incompatible with surrounding uses. The applicant has submitted drawings and pictures which provide an indication of building architecture and layout of the training facility on the property. It is desirable that firearm facilities are located away from heavily used and populated areas, and this application appears to meet those criteria. Additionally, this facility appears to provide safety measures well above minimum industry standards and would be inaccessible to the general public. Placing this facility in a floodplain area helps to ensure that future development in the immediate area will be limited and less intense in use, which ensures this facility will remain safe to use in future years. The facility itself will contain three (3) main components, a pistol range, a rifle range, and a 360 degree shoot house. All three components will have earth berms at least twenty (20) feet high surrounding the direction of potential bullet travel, adding to the safety of the facility. All gunfire will be directed away from major thoroughfares and populated areas. The Owasso Police Department has provided an attachment that outlines the proposed construction timeline, facility data, and other important information for consideration by the Planning Commission and City Council. The requested SUP is found to be in accordance with the Owasso Land Use Master Plan, which indicates industrial uses are appropriate for this location. Though a rifle range could be considered more of a commercial use, the appropriate location for a facility such as this is within industrial districts that have less traffic, less adjacent residential uses, and have other uses that would not be adversely affected by occasional loud gun fire. According to the current FEMA maps, some of this property lies within the 100 -year floodplain area. All equipment and habitable structures will be constructed above the Base Flood Elevation (BFE) line, thus complying with state and federal regulations. Water will be extended to serve the site as a part of the construction of the facility. Sewer will not be required, as the Owasso Police Department plans to have portable toilets available onsite for those training at the facility. Letters were mailed to surrounding property owners within 300' of the subject property and the notification was published in the Owasso Reporter. OWASSO PLANNING COMMISSION: The Owasso Planning Commission will discuss this item at their regular meeting on September 12, 2011. RECOMMENDATION: Staff intends to recommend to the City Council approval of SUP 11 -02 based upon the recommendation of the Planning Commission. ATTACHMENTS: A. Location Map B. Preliminary Site Plan C. Project Outline from Owasso Police Department D. Photos of Proposed Improvements e 'N The City Wit out Limits. 1i To: Bronce Stephenson From: Sgt. Mike Barnes . Owasso Police Dept RE: Application for Specific Use Permit Date: July 23, 2011 i irl U?e wa— The purpose of this letter is to request a Specific Use Permit for 19.18 acres of land owned by the Owasso Public Works Authority. Obtaining a Specific Use Permit for ,3r the referenced land is the first step of constructing a multi use training facility for the Owasso Police Department. The property in question is located directly south of the waste water treatment plant and is the location of the old Owasso Police Department firearms range. The legal description for the property has been included in the attached Specific Use Permit Application. f:..3•,.- The Owasso Police Department is currently without a facility to conduct firearms training and would like to construct a new training facility on the subject property. The facility would also allow for other types of training that are needed within the department. The proposed site is an optimal location due to limited residential and commercial areas surrounding the site. There is also limited future growth possibility in the area due to the proximity of the flood plain. The property is currently zoned "Agriculture" and a gun range is allowed with an SUP in the AG district. An SUP is required when a use is more intense or incompatible with the surrounding uses and it is our belief that this use will not be incompatible. The range is proposed in an area that is largely undeveloped and will remain that way due to natural conditions. The only established use adjacent to the property is the wastewater treatment plant located directly north of the property. The eastern, southern and western properties are undeveloped and largely in the floodplain. Additionally, the gun range is concentrated at the center of the site and has numerous safety measures proposed. The berms that will surround the facility are above national standards and will help to mitigate the noise that will be created by training exercises. The training facility will consist of a pistol range, a rifle range, and a 360 degree live fire shoot house. Dirt berms will be constructed to stop and contain rounds fired at the facility. There will be concrete sidewalks, a dust free parking lot, and a 16 tail range tower. There will be a gravel road that will connect to the current roadway at the Waste Water Treatment Facility and attach to the proposed paved parking lot. The parking lot will be either an asphalt or concrete surface with 24 parking spaces. The range tower will be a concrete type base building with a metal or wood framed upper story. Range safety will be monitored from the top of the range tower. The tower will also be used to operate a turning target system. 111 N. Main (918) 376 -1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com The City Pw�. i out Limits. This facility will be primarily used by Law Enforcement Agencies. Possible exceptions to this would include organizations such as Boy Scouts of America, however; any group approved to use the facility would be under the direct control and supervision of Owasso Police Department certified Firearms Instructors. There are several safety factors that will be in place to ensure the safety of the surrounding area. No firearms, ammunition, or any other type of ordinance will be stored at the training facility. Numerous signs will be posted on the property to keep trespassers out and warn of firearms being used at the location. The Owasso Police Department mandates that all Officers follow specific range safety rules that are outlined ' l.8. .. in our Policy and Procedure manual. There are future plans to install Closed Circuit Television Camera's at the facility. There will also be a flag pole installed that will fly a bright red flag anytime the range is in use. This will serve as an additional warning to of e')Pfc' anyone in the area that the firearms range is in use. The majority of firearms training that will occur at the facility will be conducted on the pistol range. Shooters on the pistol range will be facing directly south and will fire rfi,fc -x:-x their pistols to the south, away from residential and commercial areas. This is part of the safety plan to ensure the safety of everyone in the area of the training facility. One additional safety feature will be the location of the dirt berms for the pistol f,a,,.... range. The dirt berms will be built in front of large trees currently on site. These trees are taller than the proposed 20' high dirt berms. As these trees continue to grow, they will serve as added protection to stop a bullet that may escape the dirt berms. The dirt berms themselves will be 20' in height. Upon researching this project, the National Rifle Association (NRA) states that dirt berms of 15' are "acceptable ". They recommend dirt berms are at least 20' in height. The proposed project has met the NRA's recommendations. The static pistol range will have 20 shooting lanes and will be 175 feet long and 100 feet wide. The rifle range will have 10 shooting lanes and be 60 feet wide and 200 yards long. Shooters on the rifle range will be facing west. The live fire shoot house will be on a concrete slab that will be 60' long and 30' wide. The live fire shoot house will be surrounded on all four sides by 20' dirt berms for safety. Research has also been done on lead issues associated with firearms ranges. Project plans include leaving enough room between the target stands and the dirt berms to have the lead bullets removed from the training facility. Environmental Protection Agency (EPA) guidelines have been researched and construction designs will allow lead to be removed from the range. Companies are available that can remove the lead from the range for free and certify the range on an annual basis as being EPA compliant. All flood plain issues have been researched by the City of Owasso Public Works Department and there are no concerns with construction of this training facility in the .` current flood plain. The site plan developed will meet all the requirements for building in a flood plain. In addition, all the dirt used for the construction of the dirt berms will come from the proposed site. No additional dirt will be brought to the site, therefore; flood plain guidelines will be met. 111 N. Main (918) 376 -1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com nCC Tity VIi out Limits. (IbY,frl-I "I . stancunt in vva Attached is a copy of the site plan for this projects which was prepared by Daniel Dearing with the Owasso Public Works Department. Thank you for your consideration and time in this matter. Sgt. Mike Barnes Owasso Police Dept 111 N. Main (918) 376--1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com Static Shooting Range 50 yard line x ..� t ti dt✓ � � y Y S Static Shooting Range Target Stands Tower and Sitting Area Sample Range Tower W The e citdyw�i gi tt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Garnett Regional Stormwater Detention Facility Acceptance of Improvements and Authorization for Final Payment DATE: September 9, 2011 BACKGROUND: In accordance with the 2005 Stormwater Master Plan, the Garnett Regional Detention Facility Project included the construction of a new regional detention facility with conveyance systems to improve downstream drainage issues in Ator Heights as well as provide additional Stormwater storage capacity for future development. The detention facility is located south and west of the East 96th Street North and Garnett intersection and is surrounded on three sides by residential subdivisions while the eastern boundary property will be developed for commercial use in the future. In November of 2009, the City Council awarded the construction contract to Cherokee Builders of Tulsa Oklahoma in the amount of $1,525,006 and construction commenced in January 2010. The physical construction of the pond, structures, wetlands area, and off -site mitigation in Ator Heights was completed in November of 2010. Also included in this project was the upgrade of 423 linear feet of existing 8" sanitary sewer line to new 12" sanitary sewer line complete with four new manholes with bolt down lids. Since that time, Cherokee Builders along with their sub - contractors and city staff have been establishing and maintaining the re- vegetation requirements set forth by the Oklahoma Department of Environmental Quality and the U. S. Army Corps of Engineers. While all plantings have been installed, there is a long term obligation for the contractor to ensure the permanent establishment of the plantings. This obligation exists for two additional growing seasons after the improvements are accepted by the City Council. City staff and the consultant have inspected the project to ensure the intent and function of the design was met for stormwater conveyance and that wetland mitigation requirements were met. FUNDING: Funding for the construction phase of this project was obtained from the American Recovery and Reinvestment Act of 2009. RECOMMENDATION: Staff intends to recommend acceptance of the Garnett Regional Stormwater Detention Facility improvements and City Council authorization to issue final payment in the amount of $81,285.95 to Cherokee Builders for a total final contract amount of $1,325,006 resulting in a $200,000 contract under -run. ATTACHMENT: A. Final Pay Application from Cherokee Builders B. Location Map APPLICATION AND CFRTIFICATE FOR PAYMENT J Page One of . 6 TO: (Owner) City Of Owasso P.O. Box 180 * Owasso, OK 74055 FROM: (Contractor) Cherokee Builders, Inc. 2005 N_ 167th East Ave. Tulsa, OK 74116 RO PJECT: Garriett Detention Pond SRF Project No. ORF-09-0003-CW CONTRACT FOR: Contract Date: 12 / 01 / 0 9 Application Date: Seventeen-REVISE-D Period To: I/ 30/2011 Distribution To:. Owner Department Contractor I CONTRACTOR'S APPLICATION FOR PAYTAENT APPlication is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached, I. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (Line I & 2) 4. Total Completed & Stored to Date (Column G on Continuation Sheet) $ 1, 525,-D-u . 00 S .' .00 1,325,006.00 5. Retainage. a- () % of Completed Work $ 0.00 (Column D & E on Continuation Sheet) - FINAL of Stored Material (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) 6. Total Earned Less Retainage (Line 4 less Line 5 Total) T Less Previous Certificates for Payment 3� - -------- � 00 1,32S.006.00 1,243,720.05 . . ..... AGREEMENT 99 00300 - Page 9 of 16 8. CUR RENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMAPY: ADDITIONS Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved TOTALS Net Change by Change Orders 285, 95 200,000.00 DEDUCTIONS The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK. covered by this Application for payment has been con'Vleted in accordance with the ' tract Documents, that all amounts have been paid by the Contractor for Work for which prey" us Certificates for Payment were issued and payments received from the Owner, and that cuiT payment shown rein is now due. CONTRACTOR: By: udd. Date: August 30, 2011 David M. b Min— rr F­l F-61 STATE OFOKLAHOMA ) SS COUNTY OF Tul,,�a Subscribed and sworn to before me this 0th day of August 2011 DONN TYLER Notary Pub0c Rcx County (SEA)-) ftte of OkK*1om Comas , No. 08WT558 My CmVnWon EWM 07-23-2012 Notary Public MY COMMiSSiOnEXPirM,. July 23, 2012 0909 . . .... . ..... AQREQMa 00300 -Page 10 of 16 CERTIFICATE FOR PAYMENT in accordance with the contract documents, based on on-site observations and the date comprising the above application, the certifies to the Owner that to the best of the - — " ­ ­ . ..... —_ knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Conti-act Documents, and the Contractor is entitled to payment of the amount certified. U*11 AMOUNT CERTIFO) $ <6;71 ;2, � (Attach explanation, if amount certified differs from the amount applied for.) Date: This certificate is not negotiable, The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment i 5 without r dice to any rights of the Owner or Contractor under this Contract, pe, j u W300 - Page 11 of 16 C NTiNUATiON SHEET AIA DOCUMENT G703 (Instructions on reverse side) AIA Document G702, AP PLICATI10N AND CEi TIFICATE FOR PAYMENT, PAGE 4 OF 5 PACES APPLICATION U: SEVENTEEN REVISED containing Contractor's signed Certification, is attached. APPLICAT ION DATE. 08130!2011 In tabulations below, amounts are stated to the nearest dollar. PERIOD TO. 08.1301201" Use Column I on Contracts where variable retainage for line items may apply. SRF PROJECT NO. C)RF -09 0)003 -CtV A - ITEM DESCRIPTION OF WORK NO. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M D+ + F (CLEARING & GRUBBING 83,200.00 0.00 0.001 83,2OOA0 EARTHWORK 460,000.00; 4160,000.00 0.00; 0.00, 460,000.00 AGGREGATE BASE 5,145.00 5,145.00 0.00 0.00 j 5,145.00 TEMPORARY BALE BARRIER 5,355.25 5,355.25 0.001 0.00: 5,35515 TEMPORARY SILT FENCE 10,088.00 10,088.00 0.001 0.00 i 10,088.00 SOLID SLAB SODDING 33,932.25 33,932.25' 0.00 ! 0.00 i 33,932.25 1-1/2" CALIPER TREE RED BUD 1,920.00 0.00 1,920.001 0.00. 1,920.00 1 -112' CALIPER TREE, BUR OAK 480.00 0.00 480.00' 0.00E 480.00 1 -112" CALIPER TREE, CHINKPIN OAK 1,920.00 0.001 1,920.0.0 0.00 1,920,00 1 -112" CALIPER TREE, PECAN 1 480.00 0.00 480.00; 0.00 480,00 1.112" CALIPER TREE, HACKBERRY i 960.00 0.00 960.00 } 0.00 960.00 CALIPER TREE, GREEN ASH 1 480.00, 0.00 480.001 0.00 480.00 1 -1/?" CALIPER TREE, CYPRESS 960.00 i 0.00 960.001 0.00 960.00 WETLAND MITIGATION PLANTING 43,632.001 35,005.00: 8,627.00 0.00 43,632.00 TEMP SEEDING METHOD "A" (HYDROMULCH) 22,400.00 I 22,400,00 0.001 0.00 22,400.00 .SEEDING METHOD "A" (HYDROMULCH1 25,200.00 .25,200.00 0.00 0.00 25,200.00 TRAFFIC BOUND SURFACE COURSE 22,932.00 .22,932.00 0.00 0.00 22,932.00 STRUCTURAL EXCAVATION j 1,719.00 1.719.00 0,00' 0.00 1,719.00 GRANULAR BACKFILL (OCDOT #,57 COARSE AGG 5,396.00 5,396.00 0,001 0.001 5,396.00'. IctsM BACK Fti t- Ft ©wABLE FILL 6,500.00 6.500.00 0.00 0.00 ° 6,500.00 :GLASS "A" CONCRETE (FOR MAINT. RAMP) 2,990.00 2,990.00 0.00 0.00 2,990.00', `CLASS "A" CONC (OUTLET HEADWALL NO.1) 19,980.00 ((` 19,980.00 0.00 0.00 19,980.00 CLASS "A" CONCRETE (POND OUTLET NO. 2) 22,8Q0,00I 22,800.00 0.00 0,00 22,800.00 A" CLASS CONCR (DROP STRUCTURE NO. 3) 71,000.00 71,000.001 0.00 0.00 71,0OO.OQ 638 CLASS A° £ ONCR {10'X5` RCF3 STRUCT NO 4) 134,.00 f` 134,636.00 0 , 001 0.001 134,636.001 CLASS 'A" CONCR (ANTI -SEEP COLLARS @ RCB 5,642.00 5,642.00 0.0o'! 0.00. 5,642.001 CLASS A" CONC:'R {CONCR LOW WATER SPILLWP 20,160.00 20:160.00 0.00 0.001 2p,16Q 00 ' 1 18" TYPE t -A PLAIN RIP RAP „_s mm 29,450.00 29,450.00 0.00 0.00 29 450.00' _ ..... .. .. ).. .. ...._� _ �. ..._ - 1 1,423,530.50 15 827 00 - ',039,357.50 - ...._ 0 00� 1,(}39,357.5[1 AJA 00C; UMIS Ir G7W • CONTINUATION SHEET FOR G702 . 1992 EDITION • AIA" - (c0992 + TIME AMERiC&N INM U rE OF ARCHITECTS, 1"S NEW YORK AVENUE, N.W., WA.SHINCION, D.C. 2(X70! 5292 - WARNING. Unttgenzod ph©t000pytnu Vi07ahse U, ;, copylight I WQ and W111 Syhject the uAOIMOr ItO Ieyst Pin. (G f tit 100 %4 100% 100% 100% 100 % 100 % 100% 100 %n 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100 %A 100% 100% 100 %p 100% 100% 100% 100 % 100% 100%- 100% ........... I BALANCE RFYAi 4 r. TO - ........ ._ I (IF VARIABLE) FINISH RATE) (C -_ G) ...... . U.00 4,160.00 0.00 23,000.00 0.00 257.25 0.00 267.76 0.00 504.40 0.00' 1,696.61 0.00 96.00 0.00 24.00 0.00 96.00 0.00 24.00 0.00 48.00 0.00 24.001 0.00 48.00 'I 0.00 2,181,60 j 0.00; 1,120.00 k 0.001 1,260.00 . 0.00 1,146.60 0.00 ; 85.95 0.00 I 269.80 0.00 ! 325.00 0.00 149.50 0.00 999.00: 0.00 1,140.00 0.00 3, 550 00 0.00 6,731.80; 0.00 ( 282.101 0.0 I 1,008.00 O:QO� 1.472.50 � 0.001 51,967 88 703 -1992 CAUTION. You shouid use an OrtgInat AIA document which has this caution printed ki red.. An original assures that changes will not be Obscured as ma Occur when documents are reproduced. Y p WORK COMPLETED M MATERIALS [ [ TOTAi.. SCHEDULED F FROM PREVIOUS . PRESENTLY G ; VALUE A APPLICATION THIS PERIOD ' S STORED ( ( AND STORED (D + E) ? ( (NOT IN T TO DATE DORE) D + F (CLEARING & GRUBBING 83,200.00 0.00 0.001 83,2OOA0 EARTHWORK 460,000.00; 4160,000.00 0.00; 0.00, 460,000.00 AGGREGATE BASE 5,145.00 5,145.00 0.00 0.00 j 5,145.00 TEMPORARY BALE BARRIER 5,355.25 5,355.25 0.001 0.00: 5,35515 TEMPORARY SILT FENCE 10,088.00 10,088.00 0.001 0.00 i 10,088.00 SOLID SLAB SODDING 33,932.25 33,932.25' 0.00 ! 0.00 i 33,932.25 1-1/2" CALIPER TREE RED BUD 1,920.00 0.00 1,920.001 0.00. 1,920.00 1 -112' CALIPER TREE, BUR OAK 480.00 0.00 480.00' 0.00E 480.00 1 -112" CALIPER TREE, CHINKPIN OAK 1,920.00 0.001 1,920.0.0 0.00 1,920,00 1 -112" CALIPER TREE, PECAN 1 480.00 0.00 480.00; 0.00 480,00 1.112" CALIPER TREE, HACKBERRY i 960.00 0.00 960.00 } 0.00 960.00 CALIPER TREE, GREEN ASH 1 480.00, 0.00 480.001 0.00 480.00 1 -1/?" CALIPER TREE, CYPRESS 960.00 i 0.00 960.001 0.00 960.00 WETLAND MITIGATION PLANTING 43,632.001 35,005.00: 8,627.00 0.00 43,632.00 TEMP SEEDING METHOD "A" (HYDROMULCH) 22,400.00 I 22,400,00 0.001 0.00 22,400.00 .SEEDING METHOD "A" (HYDROMULCH1 25,200.00 .25,200.00 0.00 0.00 25,200.00 TRAFFIC BOUND SURFACE COURSE 22,932.00 .22,932.00 0.00 0.00 22,932.00 STRUCTURAL EXCAVATION j 1,719.00 1.719.00 0,00' 0.00 1,719.00 GRANULAR BACKFILL (OCDOT #,57 COARSE AGG 5,396.00 5,396.00 0,001 0.001 5,396.00'. IctsM BACK Fti t- Ft ©wABLE FILL 6,500.00 6.500.00 0.00 0.00 ° 6,500.00 :GLASS "A" CONCRETE (FOR MAINT. RAMP) 2,990.00 2,990.00 0.00 0.00 2,990.00', `CLASS "A" CONC (OUTLET HEADWALL NO.1) 19,980.00 ((` 19,980.00 0.00 0.00 19,980.00 CLASS "A" CONCRETE (POND OUTLET NO. 2) 22,8Q0,00I 22,800.00 0.00 0,00 22,800.00 A" CLASS CONCR (DROP STRUCTURE NO. 3) 71,000.00 71,000.001 0.00 0.00 71,0OO.OQ 638 CLASS A° £ ONCR {10'X5` RCF3 STRUCT NO 4) 134,.00 f` 134,636.00 0 , 001 0.001 134,636.001 CLASS 'A" CONCR (ANTI -SEEP COLLARS @ RCB 5,642.00 5,642.00 0.0o'! 0.00. 5,642.001 CLASS A" CONC:'R {CONCR LOW WATER SPILLWP 20,160.00 20:160.00 0.00 0.001 2p,16Q 00 ' 1 18" TYPE t -A PLAIN RIP RAP „_s mm 29,450.00 29,450.00 0.00 0.00 29 450.00' _ ..... .. .. ).. .. ...._� _ �. ..._ - 1 1,423,530.50 15 827 00 - ',039,357.50 - ...._ 0 00� 1,(}39,357.5[1 AJA 00C; UMIS Ir G7W • CONTINUATION SHEET FOR G702 . 1992 EDITION • AIA" - (c0992 + TIME AMERiC&N INM U rE OF ARCHITECTS, 1"S NEW YORK AVENUE, N.W., WA.SHINCION, D.C. 2(X70! 5292 - WARNING. Unttgenzod ph©t000pytnu Vi07ahse U, ;, copylight I WQ and W111 Syhject the uAOIMOr ItO Ieyst Pin. (G f tit 100 %4 100% 100% 100% 100 % 100 % 100% 100 %n 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100 %A 100% 100% 100 %p 100% 100% 100% 100 % 100% 100%- 100% ........... I BALANCE RFYAi 4 r. TO - ........ ._ I (IF VARIABLE) FINISH RATE) (C -_ G) ...... . U.00 4,160.00 0.00 23,000.00 0.00 257.25 0.00 267.76 0.00 504.40 0.00' 1,696.61 0.00 96.00 0.00 24.00 0.00 96.00 0.00 24.00 0.00 48.00 0.00 24.001 0.00 48.00 'I 0.00 2,181,60 j 0.00; 1,120.00 k 0.001 1,260.00 . 0.00 1,146.60 0.00 ; 85.95 0.00 I 269.80 0.00 ! 325.00 0.00 149.50 0.00 999.00: 0.00 1,140.00 0.00 3, 550 00 0.00 6,731.80; 0.00 ( 282.101 0.0 I 1,008.00 O:QO� 1.472.50 � 0.001 51,967 88 703 -1992 CAUTION. You shouid use an OrtgInat AIA document which has this caution printed ki red.. An original assures that changes will not be Obscured as ma Occur when documents are reproduced. Y p (G f tit 100 %4 100% 100% 100% 100 % 100 % 100% 100 %n 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100 %A 100% 100% 100 %p 100% 100% 100% 100 % 100% 100%- 100% ........... I BALANCE RFYAi 4 r. TO - ........ ._ I (IF VARIABLE) FINISH RATE) (C -_ G) ...... . U.00 4,160.00 0.00 23,000.00 0.00 257.25 0.00 267.76 0.00 504.40 0.00' 1,696.61 0.00 96.00 0.00 24.00 0.00 96.00 0.00 24.00 0.00 48.00 0.00 24.001 0.00 48.00 'I 0.00 2,181,60 j 0.00; 1,120.00 k 0.001 1,260.00 . 0.00 1,146.60 0.00 ; 85.95 0.00 I 269.80 0.00 ! 325.00 0.00 149.50 0.00 999.00: 0.00 1,140.00 0.00 3, 550 00 0.00 6,731.80; 0.00 ( 282.101 0.0 I 1,008.00 O:QO� 1.472.50 � 0.001 51,967 88 703 -1992 CAUTION. You shouid use an OrtgInat AIA document which has this caution printed ki red.. An original assures that changes will not be Obscured as ma Occur when documents are reproduced. Y p 0.001 51,967 88 703 -1992 CAUTION. You shouid use an OrtgInat AIA document which has this caution printed ki red.. An original assures that changes will not be Obscured as ma Occur when documents are reproduced. Y p f, WIN I I 11V UIA I I VIN orl r_tz I AIA Document G702, APPLICATION AND CERTIFICAT containing Contractors signed Certification, is attached, in tabulations below, amounts are stated to the nearest dollar. Use Calurnn l on Contracts where variable retainage for line items may apply. .. . ...... . . .......... .... . .......... . . . ...... ...... - 1 _ WORK Cpl SCHEDULED I FROM PREVIOUS ITEM i DESCRIPTION OF WORK I VALUE APPLICAT ION NQ. (D + E) AIA DOCUMENT G703 (instructions on reverse side E FOR PAYMENT, 29 ....... TYPE 7 �JT6; - E I V 6R 0 ­U1 - E 0'* -R'I'P RAP ............ . . .......... 2,025.00 - . .......... 2,025.00 PIL rER FABRIC (6 OZ- NON-WOVEN) 1,749.00 1,749,00 31 FILTER BLANKET (SINGLE COURSE STONE) 12,005.00 12,005.00 32 STD SDI INLET FOR48" RCP (COMPLETE) 5,500.00 5,500,001 3 3 STD. SDI INLET' FOR 30" RCP (COMPLETE) 10,000-00 10,000,00 34 1 C-76 CL 11130" RCP WIOMNILEX GASKETS 1 10,850,00 10'850.00 35 C-76 CL 11148" RCP W/OMNILEX GASKETS 7,572,50 7,572,50 36 !TEMPORARY SAFETY FENCE 4,612.50 4,612.50 37 142" HANDRAIL (COMPLETE) 10,800.00 10,800,00 38 MOBILIZATION 30,000.00 30,00400 39 STAKING 27,000.00 27,000.00 40 OUTLET STRUCTURE FOR 48- RCP (COMPLETE) I 10,200.00 10,200.00 41 AGGREGATE BASE (FOR BACKFILL) 846.00 846.00 42 CLASS "AA" CONCRETE (ENCASEMENT) 15,840,00. 15,840.00 43 4' 1.D. MANHOLE W/ SEALED LID 12,000,001 12,000.00, 44 ADDITIONAL DEPTH FOR 4'1.D MANHOLE 3,700.001 3,700.00 1 45 (ADJUST MANHOLE TO GRADE W1 NEW SEALED 1-11 2,000-001 2,000.00 46 TRENCH EXCAVATION 5,415.00 5,415.00 47 STANDARD BEDDING MATERIAL 204,00 204.00 48 PIPE. DUCTILE IRON, 12" AWWA C151 26,650.00 i 26,650.00 49 PIPE, PVC, 12" ASTM D -2241, SDR 26 6,6579.501 6,679,504 50 REMOVAL OF MANHOLE AND SEWER I 80,000.00 80=0.00; 51 PROJECT ALLOWANCE 200,000.00 0.00' 52 PAGE 5 OF 5 PAGES APPLICATION NO SEVENTEEN REVISED APPLICATION DATE: 08/30/2011 PERIOD TO, 08/30141017 SRF PROJECT NO. ORF-09-0003-CVJ . . .................. .. . . .......... F LETED MATERIALS TOTAL PRESENTLY COMPLETED BALANCE RETAINAGE THIS PERIOD STORED ANDSTORED % TO (IF VARIABLE) (NOT IN TO DATE (0, 1 C) FINISH RATE) D OR (DE+F) l (C G) 0.001 0.00 101.25 0. 01 O�OO� 1,749.001 100% 0.00 87.45 1 0.00 00 12'uu5.00 100% 0.00 600.21-1 0.001 0,00 5,500.00 f 100% o-00:1 275.00- 0.00 i 0,00 10,000.00 100% 0.()0 i 500.00; 0.00; 0,001 10,850,00. 100% 0.00: 542.50. 0.00 0.00 7,572,50 100% 0-00 378.63, 0,001 0.00 4,612.50 I 100% 0,00 230,63 0.00 1 0.00 10,800.001 100% 0.00 540.00 0.00 0.00 30,00400 100% 0,010 1.500.00 0.00: 0.00 27,000.00 100% 0,00 0�00 1,350.00 0.00 10,200.00 100% 0-00 510.00 400 0.00 846,00 100% 0'0 42.30 0.00 0.00 15,840.00 100% 0000 792.00: . 0-00, 0.00: 12,000.00: 100% D'ool 600.00 0.00 I 0.00 3,700.001 100% 0.00 1 185.001 0.0011 0.00 2,000.00 100% 0.001 10000 0.00 0,00 5,415.00 i 100% 0,00! 270�75 0,00 0.00 2D4.00 100% 4001 10.20 0.001 0.001 26,650.00 100% 0.001 1,332.501 0.00 0.00 6,679.50 100% 0.00; 333.981 0.00 0.00 80.000.00 100% 0.00; 4;00400 0.00 0.00 0"/- 200,000.001 0.00 53 54 55 56 ... ....... 1,309,179 00 0,001 1 �325.006.00 15 8�7 OOL )001 66,250,301 AIA 00CUMEW GM3 CONTINUS11ON SHEET FOR G702 ....................... 1--­- 87% 200,00(. 1992 MMON AIA * 01992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1135 NEW YORK AVENUE, NW.. WASHINGTON, aC, 2M )C - WARNING: Unlifeenwd photocopying V40tates U.S. copydght E.V. and w(j, wh)oct the Violator to kval prasoouftn. G703-1992 rM CAUTION: You ahoUid Use an original AIA document which has this caution printed in red, An original assures that changes will not be obscured as may GCCUr When documents are reproduced. V OeT City yvit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Acceptance of Rayola Park Improvements Project and Authorization to Issue Final Payment DATE: September 9, 2011 BACKGROUND: In February 2010, the Rayola Park Improvement Project was approved by City Council. Rayola Park serves as an important element of the City's park system and is a valuable open space that serves the residents of the City. The project was designed to improve the appearance and stability of the drainage way that runs through the park; included the addition of small dams as water features; provided a continuous concrete walking path loop; upgraded the site lighting; provided ADA compliant handicap accessible entrances, and included the repair of the two park bridges. Design work for the improvement plans was completed by the Engineering Division of Public Works in August 2010. The original bids for the project were opened on September 17, 2010, with three (3) bids presented. All three bids were tabulated by City staff and proved to be in excess of the engineer's estimate of $300,000. Staff examined options to reduce the scope or seek additional funding for the project due to the cost exceeding the engineering estimate and the shortage of available funding. At this time, additional funding options were not sufficient to meet the bids received. Staff had reason to believe that a reduction of scope and a second bidding opportunity would allow additional contractors to bid this project in a competitive bidding environment providing a more affordable project. At the October 5, 2010 Council meeting, the Council approved the rejection of all three bids, as recommended by staff. In mid - October, staff began working on the contract documents for re- bidding purposes and contacted seven (7) respected contractors to ensure a more competitive bidding process. On October 29, 2010, the project was re- advertised, and bids were opened on November 18, 2010. Upon review of the re -bid documents, staff recommended to award the construction contract to Tri -Star Construction of Catoosa, OK in the amount of $357,279.05 for the base bid and alternates #1 through #8. During the construction phase staff presented to the City Council a change order in the amount of $23,728.35 for labor and materials required for the installation of six (6) additional luminaries along the west side of the new trail and at the gazebo area located in the northeast corner of Rayola Park. The Council approved this change order and amended the contract amount to $381,007.40. Construction commenced in July. Since that time, restoration of the disturbed areas and channel embankment has taken place. Upon inspection by city staff, all work has been completed in accordance with the design plans and to a satisfactory level. FUNDING: Funding for this project is available from four sources: the 2008 -2009 Community Development Block Grant totaling $96,000, the 2009 -2010 Community Development Block Grant totaling $98,000, the 2010 -2011 Community Development Block Grant totaling $106,000, and a Vision 2025 grant totaling $114,000. Funding Source Amount 2008 -2009 Community Development Block Grant $ 96,000 2009 -2010 Community Development Block Grant $ 98,000 2010-2011 Community Development Block Grant $ 106,000 Vision 2025 Grant $ 114,000 Total: $ 414,000 RECOMMENDATION: Staff intends to recommend City Council acceptance of the Rayola Park Improvement Project and authorization to issue final payment in the amount of $21,474.15 to Tri -Star Construction for a total contract amount of $380,577.07 resulting in a contract under -run of $430.33. ATTACHMENT: A. Final Pay Application B. Location map EXHIBIT "A" 2010 Rayola Park Improvements PAY ESTIMATE NO. PERIOD: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: CONTRACT ADJUSTMENTS: ADJUSTED BID AMOUNT: TOTAL, COMPLETE WORK: MATERIALS STORED (per attached tabulation): $3 caO, -S-1-1 - 01 LESS 1f% RETAINAGE: S oe TOTAL EARNED LESS lNo RETAINAGE: PERCENTAGE OF PROJECT COMPLETION: LESS PREVIOUS PAYMENTS: O;k.,9- AMOUNT DUE THIS ESTIMATE: S 5(1 14"14, k The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this P*-ment Estimatt has been completed in accordance with contract documents, that all- amounts have been paid by the Contractor for Work which previous Payment Estimates were issued and payments received from the Owner, and that current payment shown herein is now due. County V, j. r!', Subscribed & swam to before me this —day of __ 2-0 of Approved for Payment by: City of Owasso 13 all u is My Co MIS i Expire _7.. - - 6 tPr Date Date ACaFX-,NMENJ 1010 00300 - Page 7 of I I CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA )SS COUNTY OF The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment., nor given, nor donated, or agreed to pay, give., or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain paymeRT Or the award of this contract. Contra Abror S�uer Subscribed and sworn to Notary PuNj Commission me this day of A, !nil n� t I. 1-4 My Commission Expires: f Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: BRANDY j0 HUFF Nowy f'vbllc in Wsd bf ft my comn*Wn "*V" W&Wi4 NOTE.- Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEMFNT 003100 -Page 8 of 1 I TO: City of Owasso 111 S. Main Owasso, Ok 74055 Attn: Tim Rooney FROM: Tri Star Construction, LLC 1880 N. 166th E. Avenue Tulsa, OK 74116 FOR: U Application is made for payment as shown below. Continuation Page is attached. 1, CONTRACT AMOUNT 12. SUM OF ALL CHANGE ORDERS 3. CURRENT CONTRACT AMOUNT (Line 1 +1- 2) 4. TOTAL COMPLETED AND STORED (Column G on Continuation Page) 5. RETAINAGE: a. 0.00% of Completed Work (Columns D + E on Continuation Page) PROJECT 1103 NAME AND Rayala Park Improvements LOCATION: 1 1 1 S. Main Owasso, Ok 74056 ARCHITECT: $0.00 b, 0.00% of Material Stored $0,00 (Column F on Continuation Page) Total Retainage (Line 5a + 5b or Column I on Continuation Page) 6. TOTAL COMPLETED AND STORED LESS RETAINAGE (Line 4 minus Line 5 Total) 7. LESS PREVIOUS PAYMENT APPLICATIONS 8. PAYMENT DUE 9. BALANCE TO COMPLETION (Line 3 minus Line 6) $430,33 $357,2779.05 $23,728.35 $381,007.40 $380,577.07 $0.00 $380;577.07 $359,102,92 $21,474.15 SUMMARY OF CHANGE ORDERS ADDITIONS DEDUCTIONS Total changes approved in —previous months $23,728.35 $0.00 —Total approved this month $0.00 '$0.00 TOTALS ......... . $23,728.35 $0,00 j NET CHANGES $23.,72$.35 Page I APPLICATION # 6 Final Distribution to: PERIOD THRU: 08/3112011 0 OWNER PROJECT #s: 0 ARCHITECT DATE OF CONTRACT: 03125i2oll CONTRACT( PAYMENT TERMS: Net 30 Days PAYMENT DUE: 0913012011 Contractor's signature below is his assurance to Owner, concerning the payment herein applied for, th (1) the Work has been performed as required in the Contract Documents, (2) all sums previously paid Contractor under the Contract have been used to pay Contractor's costs for labor, materials and other obligations under the Contract for Work previously paid for, and (3) Contractor is legally entitled to this payment, CONTRACTOR: Tr;jS2tarCVJn_, Date: Date: 31 State of: Oklahoma 'g Dy jO, HUFF County of, Tulsa Subscribed and sworn to before me this 31 st day of ,..Augur Notary Public: --grandy Huff My Commission Expires: 09/13/2014 ARCHITECT'S CERTIFICATION Architect's signature below is his assurance to Owner, concerning the payment herein applied for, that: (1) Architect has inspected the Work represented by this Application, (2) such Work has been complete; to the extent indicated in this Application, and the quality of workmanship and materials conforms with tt Contract Documents, (3) this Application for Payment accurately states the amount of Work completed and payment due therefor, and (4) Architect knows of no reason why payment should not be made. CERTIFIED AMOUNT .......................................................... ............................... (if the certified amount is different from the payment due, you should attach an explanation Initial all figures that are changed to match the certified amount.) ARCHITECT: By: Date: Neither this Application nor payment applied for herein is assignable or negotiable. Payment shall be made only to Contractor, and is without prejudice to any rights of Owner or Contractor under the Contract Documents or otherwise, FAYMI-NI AP PLIGANON Quantum Software Solutions, Inc. Docurnen CONTINUATION PAGE Page 2 of 6 PROJECT. 1103 APPLICATION #: 6 Final Rayola Park Improvements DATE OF APPLICATION: 08131/2011 Payment Application containing Contractor's signature is attached. PERIOD THRU: 08/3112011 PROJECT #s: A B C D E F G H SCHEDULED COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE AMOUNT - AMOUNT ITEM WORK DESCRIPTION AMOUNT MATERIALS COMPLETED AND COMP TO (if Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D + E + F) (C-G) QTY $AMT I Unclassified Excavation $26,000.00 $26,000.00 $0,00 $0.00 $26,000.00 10011/0 $0,00 ---------- ------ $26,000,00 PER LS ---------- ----- ­­ ------------------­---- 1.00 1.00 0.00 0.00 1.00 0.00 2 Erosion and Sediment Control --------------------------- $6,000.00 ...... $6,000,00 ....... ................ $0.00 --------- $0.00 ------ I—— ------ $6,000.00 - 100% --------------------- ­ $0.00 ------ ----------- ............... $6,000.00 PER LS -------- ----------­----------- 1.00 ­­----------------- I 1.01}__- 0.00 0.00 1.00 0,00 3 Solid Slab Sodding $15,344.55 .._ -_.- --------- $21,070,00 ----­--------------- $2,150.00 ----------------- $0.00 --------- ­ $23,220.00 -------- 151% ---------- • ($7,875.45) ----------------- ----------- $2.15 PER SY ------- --- -------- --• -...- 1 --------- 7,137.00 - ­ ....... ------------------- 9,800.00 1,000.00 0,00 10,800.0() -3,663.00 4 Concrete Form Liner (Weirs) $6,950.00 ........ $6,950.00 • ... ----------------- MOO - - - -° - ----------­ ------ $0.00 ---•- ------ •-- ------ $6,950.00 ---- ------ 100% --- ---- --- - -• --- $0,00 ---------------_- ­-•- $12.50 PER SF •--- --- -- --- ---•-• -- ----------- ­ - ---- 556.00 ­­----------- 55600 0.00 0.00 556.00 0.00 5 Limestone Screenings (Weirs) ...... $1,131.00 ................. $1,131.00 .....••.••............ $0.00 ..................... I $0.00 -­-­----------------- I $1,131.00 ...... ... 100% ............... ....... $aoo ................. ...­ .................. $87.00 PER CY .... ... ------------- 13.00 13.00 0.00 0.00 13.00 0.00 6 Steel Reinforced Concrete (4)Weirs - -- ----- - --- -- $31,460.00 --- --- -- ---- -- --- ---- $32,890.00 $0.00 $0.00 -------------------- $32,890.00 105% ----- ***'** ------------ ($1,43000) ----------------- -------- -- -------------------------------- $715.00 PER CY ­­­­ ...... 4400 -­------------------ 46.00 0.00 0,00 46.00 -2.00 7 Steel Reinforced Concrete (1) $8,100,00 --------------- $9,000m -------- ------------- $0.00 -- •-•---- ------ -- ------------ $000 ­ ----------- -- $9,000,00 -------- -° 111% ---------­------ ----- ($900.00) ---- -- --- -- Retaininq Wall - --- ---- -- -------•.•- $180.00 PER LF ------• ------- ---------------_ 45.00 50.00 0.00 0.00 50.00 -5.00 8 Steel Reinforced Concrete (7) U- ­­ --------- $5,000.00 -- -- °•--- -- -- --------- $5,000.00 - ----- -- •-•-_-_-----•- $0.00 ------- ­__ -------- $0.00 ----------------------------------- $5,000.00 100% $0,00 --------------- Type End Walls ----------- $1,000.00 PER Each ---• ---- -- •_--- ------- •---- -- 5.00 5.00 0.00 0.00 5.00 0.00 9 .....• Turf Reinforcement Mat w/ Seed .•.. $3,388.00 ..... ....... ................ $3,388.00 .. $0.00 ....... ----------- ­ $0,00 ................. ----------------­ $3,388.00 100% ---- --- $0.00 ----------- and Blanket (Weirs) ________________....-___--.---- $11,00 PER SY _-- _--- ___--- •- •----- .- .. - - -__-- 308.00 308.00 0.00 0.00 308.00 0.00 10 1 urf R einforcment Mat w/ seed and 1­1 ------------- $4,785.00 ......... __ --------- $4,785.00 ------ ­------------- $0.00 ­ ----------------------- $0.00 ­ .......... -- $4,785.00 ---------- 100% --------- ---- $0.00 --------- ------- Blanket (others) $11.00 PER SY 435.00 435.00 0.00 0.00 435.00 0.00 SUB-TOTALS $108,158.55 $116,214,00 $2,150.00 $0.00 $118,364.00 109% ($10,205.45) CONTINUATION PAGE Quantum Software Solutions, Inc. Documen Page 3 of 6 PROJECT: 1103 APPLICATION #: 6 Final Rayola Park Improvements DATE OF APPLICATION: 08/31/2011 Payment Application containing Contractors signature is attached. PERIOD THRU: 08/31/2011 PROJECT #s: A B C D E F G H SCHEDULED COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE AMOUNT AMOUNT ITEM WORK DESCRIPTION AMOUNT MATERIALS COMPLETED AND COMP TO (if Variable) PREVIOUS THIS PERIOD (NOT IN D ORE STORED (G / 0) COMPLETION PERIODS (D + E + F) (C-G) QTY $AMT 11 12" RCP $1,248.00 $1,248.00 $0.00 $0.00 $1,248.00 100% $0.00 - ----- ---- $39,00 PER - LF ---- 32.00 32.00 0.00 0.00 32.00 0.00 12 '15" ROP $1,587.00 $1,587.00 ---- $0.-00­ ----- -------------- $0.00 ------ -- ---- - 'i . 00 . % ---- .......... $0 - '0 - 0 --------- ---------- $34.50 PER LF ------- --------------------- 46.00 ----------------------- 46.00 0.00 0-00 46.00 0.00 13 18" RCP $2,772.00 -------------- I ....... $2,772,00 ......... -- ....... $0.00- ------ .......... $0.00 $0.00 ------ ------- - ..... $2,772.00 -- ".._•-R- 100 -------- ---------- $0,00 --------------- -- - ---------------- $38.50 PER LF - "....- -••----- _---- -- ---- - ----- ------- 72.00 72.00 0.00 0.00 7Z00 0.00 14 18" PCES $850.00 $850.00 $0.00 $0-00 $850.00 100% $0.00 - --------------- ---- $850.00 PER Each -- -------- 1.00 1.00 0.00 0.00 1.00 0.00 15 2' Dia. Precast Concrete Inlet $3,800.00 $3,800.00 $0.00 $0.00 $3,800.00 100% $0.00 ----------- $1,900.00 PER Each ---- ................................ 2.00 .............. ­ ...... 2.00 ..................... 0.00 0�00 2.00 0.00 16 ODOT SMD-2 w/ Type 1 Grate $2,700.00 $2,700.00 ---------------------- $0.00 - ------------------- $0.00 ........ ........ . $2,700.00 ...... -.. 100% --l-1- ---------- $0.00 ----------------- ------ - --------- $27700.00 PER Each ------ 1.00 1�00 0.00 0.00 1.00 0.00 17 Beehive Grate with Frame $900.00 $900.00 $0.00 $0,00 - --- - ---------------------------- $900.00 100% ------ $0.00 ------------- ---- ---------------- $450.00 PER Each - --------------------------- 2.00 ----- --- --- ----------- 2.00 0.00 0.00 2.00 0.00 18 Removal of Curb and Gutter $420.00 --- ------ $514.50 - ------------------ - -- $0.00 --------------------- $0.00 -- ------------------- $514.50 - 123% -------------- --.- - ($94,50) --------- $4.20 PER LF ------------- ..................................... 100.00 122.50 0.00 0.00 122.50 -22,50 19 Removal of Concrete and ----------- $2,59Z00 --- ------ $2,592.00 ---------- -- $0,00 ------ -------------------------- $0.00 ------ $2,592.00 I ...... 100% ..... ........ $0.00 ---------- Bituminous Pavement ----------- ------- $8.00 PER SY --------------- ------ -------------- 324.00 ----- ---------------- 324.00 0.00 0,00 324,00 0.00 20 6" Barrier Curb and Gutter - $1,974.00 -- ------ - ..... - $5,176.50 . - -- -- $0--00 -------------- $0-.00 - ------------ -- --- $5,1'76.'50' °- -- -• -••262% - --------- ($3,202'.5,0)- $21,00 PER LF 94.00 246.50 0.00 0.00 246,50 - 152.50 SUB-TOTALS $127,001,55 $138,354.00 $2,150.00 $0.00 $140,504.00 111% ($13,502.45) L,UN I INUA I FUN PAUL Quantum Software Solutions, Inc. Documen PROJECT: 1103 Rayola Park Improvements Payment Application containing Contractors signature is attached. Page 4 of 6 APPLICATION #: 6 Final DATE OF APPLICATION: 08/31/2011 PERIOD THRU: 08/31/2011 PROJECT #s: A B C D E F G H SCHEDULED COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE AMOUNT AMOUNT ITEM # WORK DESCRIPTION AMOUNT MATERIALS COMPLETED AND COMP TO (if Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G I C) COMPLETION PERIODS (D + E + F) (C-G) QTY $AMT 21 6" Concrete Commercial Entrance $6,480.00 $6,480.00 $0.00 $0.00 $6,480,00 100% $0.00 ...........•....... $54.00 PER SY ---------------- ...... 120�00 .-- °- 120.00 0.00 0.00 120,00 0.00 22 6" Concrete Pavement -----... $17,010.00 •-- --••-- °....... ••• $16:686.00 ............•.... ---- $0.00 --- ....... -------- ------•---- $0.00 - - -- --- $16,686.00 ......... 98% ...... ---- $324,00 ---------- ...... ----­---------------- $54-00 PER SY ­­ ..... -------------­--- ------ 315,00 309.00 0.00 0.00 309.00 6.00 23 TWide, 4" Thick Sidewalk -------------- $98,182.50 ­­ ....... $97,758.50 ....... --_-------­ $424.00 --------- ------ $0.00 -------------- ­__ --- $98,18Z50 __- ­ - 100% ---------------- ­-­ $0.00 ----------------- -------- $26.50 PER LF --------- ------- -- ------- -----••- - - - --- --- 3,705.00 ---­----------------_ 3,689,00 16.00 0.00 3,705,00 0.00 24 5' Wide, 4" Thick Sidewalk $1,400.00 ---------------------- $1,400.00 --- ------------- $0.00 ­---------------­-- $0.00 ------- ------------ $1,400.00- ------ ­­ 100% --------------- ------- $0,00 ---------- ----- $50.00 PER LF ------------ 28.00 28.00 0.00 0�00 28.00 0.00 25 Remove and Rem lace 5'Wide, 4" $3,149.00 $5,428.50 $0.00 $0.00 ----------- ­ $6,428.50 ---------- 172% ------- ($2,279.50) Sidewalk ----------- .....•-------- $47.00 PER :F ---- -- --- ----....,_._ ............ 67.00 . ............... 115.50 0.00 0.00 11&50 -48.50 26 Sidewalk Ramp, ODOT Type A ----- $1,100.00 ---- -----­-------- ­ $2,200.00 ----------------- .......................... $0.00 $0.00 ------------------------ $2,200.00- 200% ­­ ----------------- ($1,100m) --------------- $1,100.00 PER Each ------------------- ­­­ ------------ -- 1.00 - --- -•-•----------- 2.00 0.00 0.00 2.00 -1.00 27 Sidewalk Ramp, Modified ODOT - -- - $1,100.00 ­ .... $1,100.00 .. ­­ ................... $0,00 ------ ---- ---- $0.00 -- ---•- ---------- ------ $1,100.00 ------- ­ 100% ------- ........ ­ $0.00 ........... Type "D" ------ $1,100.00 - - PER Each - ----• --- ------ ---- 1.00 1.0 0 0-00 0.00 1.00 0.00 28 Handrail for Sidewalk Ramp $8,176.00 $8,17&00 ----- $0,00 ----- ------- _ ---------- $0.00 .......... ­­­ $8,176.00- ------ 100% ------ _ ------ $0.00 ---- -------- $56.00 PER LF ----------------------------------------------------------------------•-- 146.00 146.00 0.00 0.00 146.00 0.00 29 Handrail Remove and Replace on $8'500.00 • --•-------------- $8,500,00 - ....__._...... »..... ... $0.00 - -- ---- •-•••-...... MOO ---------------- $8,500.00 ---------- 100% ----- $0,00 North Bridge $8,500.00 PER LS --- -------- ------------ ----­------------- 1.00 - ------ - - --•- 1.00 0.00 0.00 1.00 0.00 30 Light Pole Foundation ---- $7,560.00 ------------ $7,560.00 -------------------------------------- $0.00 $0.00 ---- -- ----------- - - - - -- $7,560.00 ---------- 100% - .-- -- --- --- - - - - -- ---- $0,00 ----------------- $630.00 PER Each - 12,00 12.00 0,00 0.00 12,00 0.00 SUB-TOTALS $279,669.05 $293,643.00 $2,574.00 $0.00 $296,217.00 106% ($16,557.95) UON I INUATION PAGE Quantum Software Solutions, Inc. Documen PROJECT: 1103 APPLICATION #: 6 Final Rayola Park Improvements DATE OF APPLICATION: 08/31/2011 Payment Application containing Contractor's signature is attached. PERIOD THRU: 08131/2011 PROJECT #s: A B C F G H SCHEDULED COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE AMOUNT AMOUNT ITEM # WORK DESCRIPTION AMOUNT MATERIALS COMPLETED AND COMP TO (if Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D + E + F) (C-G) QTY $AMT 31 Light Pole Installation and Wiring $20,000.00 $20,000.00 MOO $0.00 $20,000.00 100% $0.00 -------- $20,000:00 PER LS .............. 1.00 1.00 0�00 0� 00 1.00 0.00 32 j Traffic Control $3,500.00 $3,500.00 $0.00 $0.00 --------------------- $3,500�00 --------- 100% - ...... --------- $0.00 ----------------- .................. $3,500,00 PER LS -.. ........... ................ 1.00 ........ 1.00 0.00 0.00 1.00 0.00 33 Project Allowance -- ........... $16,000.00 ----------- ---- $7,500.00 ............. ------- $0.00 - ....... ------ ---------- $0.00 -- ------ $7,500,00 -- - -- .... 50% .......... - --------- - $7,500.00 ----------------- ---------- $15,000.00 PER LS ------------------------ -- ------ 1.00 0.50 0.00 0.00 0.50 OZO 34 Pull Box Size 1 ----------------- $1,350:00 ------ -- ------- --- $1,350.00 --------------------------- $0.00 ------------- -- $0.00 ------------------ - ------- $1,350-00 ------- 100% ---- ------------ ----- $0.00 ---- ------- ............••• . $450.00 PER Each -- ........ .................... . 3,00 ................... 3.00 0.00 0.00 3.00 0.00 35 2" PVC Sch 40 Conduit --- $18,900.00 ---------- - ......... $18,900.00 -- -••-- ---- -......__ -- $0.00 .......... - ........... $0.00 -------------- $18'900.00 - --- ... 100% - -- -----.-- •----- - -- $0.00 -- --- --------- ------- .......... $6.30 PER LF .......... 3,000�00 3,000,00 0.00 0.00 3,000.00 0.00 36 Surveying and Grade Staking $6,300.00 $6,300.00 $0.00 $0-00 $6,300.00 100% $0.00 $6,300.00 PER LS ---------------- ------------ 1.00 1.00 0.00 0.00 1.00 0.00 37 Paint Existing Handrail -------------- $1,600,00 ------ ---------- $1,600.00 ------ I ------------ $0,00 ...... .......... $0�00 -- -------- $1,600.00 100% - ------------- ------- $0.00 ----------------- ----------------- $1,600,00 PER LS - --- ----- -•-- -- ------- - -- - -- ------------------------- 1,00 ------------ 1.00 ------- 0.00 0.00 1�00 0.00 38 Paint Existing Bride (South Bridge) $3,000,00 .............. $3,000.00 .. ---------------------------- $0.00 - ---------- $0.00 1- --------- ---------------------- $3,000,00 100% ------ $0.00 $3,000.00 PER LS 1,00 -- --- ---- ---- -- 1.00 0.00 0.00 1.00 0.00 39 2" Thick Composite Bridge Decking -- - -- $4,900.00 ....... ......... -- $4,900.00 ------------- $0,00 ---------------------------------------------------- $0.00 $4,900.00 100% --- •-••----- --- •- -•.... $0.00 .. ------- ---------- ------------- $28.00 PER SF --1-1 ---------- 175.00 ------------------- 175.00 0.00 0.00 175.00 0.00 40 Concrete Form Liner (Retaining ----- $1,170.00 -- ---- $1,630.07 ---------------------- $0.00 ------------- -- ------------- $0,00 .............. ------- $1,630:07 - .. 139% ........ ------ ($460.07) ----------------- Wall) $13.00 PER SF 190.00 1125.39 0.00 0.00 125,39 -35.39 SUB-TOTALS $355,379.05 $362,323.07 ($9,518.02) CONTINUATION PAGE Quantum Software Solutions, Inc. Documen Page 6 of 6 PROJECT: 1103 APPLICATION #: 6 Final Rayola Park Improvements DATE OF APPLICATION: 08/3112011 Payment Application containing Contractor's signature is attached. PERIOD TIARU: 08/31/2011 PROJECT #s: A B C D E F G H SCHEDULED COMPLETED WORK STORED TOTAL % BALANCE RETAMIGE AMOUNT AMOUNT ITEM # WORK DESCRIPTION AMOUNT MATERIALS COMPLETED AND COMP TO (if Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D + E + F) (C-G) QTY $AMT I 41 Remove and Replace Concrete $1,900.00 $1,900.00 $0.00 $0.00 $1,900.00 100% $0.00 Stm Juntion Box Lid ......... $1,900.00 PER Each 1.00 1.00 0�00 0,00 1.00 0,00 42 CO #1 (Light Pole Foundation) $3,780.00 $3,780.00 $0.00 $0.00 $3,780.00 .... 100% ......... ------------- $0.00 -- --------- ----------------------------------------------------------- $630.00 PER Each 6.00 6.00 0.00 0.00 6.00 0.00 43 CO #1 (Light Pole Wiring ----------------------- $10,000.00 ---------------------- $10,000.00 -- ----------- W...._ . ............... �6.66 ....... ---- - --------------- $- 0--. 0­6 ------------- Installation) ------------ $10,000.00 PER LS --- ------------ -- ----------------- 1.00 -- 1.00 0.00 0.00 1.00 0,00 44 CO #1 (2" PVC Sch 40 Conduit) ---------- $9,948.35 - ---- ---------- - - ---- $0,00 ---------------------- $0.00 - -------- ........ ------------------ $0.00 -- -------- $0.00 ------- 0% ------------- ------ -- - $9,948.35 ----------------- ............. ------------------ .............. ----------- -------- $6.30 PER LF ............ ...... ---- .......... ----------------- •--------------- - - - - -- ------- -- -------------------- ----------- ................................. - ------ ------------- --------- - .................. 1,579.10 . ................ ---------------- ---- -- --------- ------- ------------ -- -------------- 0.00 .......... ----- -------------- -- --------------- --------------- I ------ ................. -------- 0.00 -------- ------------- --- ------------------ -- ------------------ -- ---------------------------------------------------------------- ........ ........... ------------------------ 0.00 - --- .• .... .•......•. - ----------------- - ----------- -- --------------------------------------- 0.00 ------------------ - •------------- ---- - - - - -- - ---------- ---------- - ---------- -- --------------------- ---------- --------- ------ --- ----- - .. - 1,579.10 --------- ------ ---- •- ••-- ...---- - - - - -- ........ --- ------------- ........... .............. --------- -- ----------- --- ----------- ------------ ---------- . ---------------- --------------- ----- - ------- - TOTALS $381,017.40 $37�8,003 07� - $2,574,00 $0,00 $380,577:07 99% $430.33 CONTINUATION PAGE Quantum Software Solutions, Inc. Documen The city Wim" t Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Three Lakes Pond Maintenance Project Acceptance of Improvements and Authorization of Final Payment DATE: September 9, 2011 BACKGROUND: The Three Lakes Pond was constructed in 1977, as part of Three Lakes Addition, and serves as an integral part of the City of Owasso stormwater detention system along with the vacant land surrounding the pond. The pond is owned by the Three Lakes Home Owners Association and is located south of East 86th Street North behind the retail area containing Blockbuster, Shell Gas Station, Goodwill Store, and Homes Unlimited offices. In 2005, the Owasso Stormwater Master Plan, completed by Meshek and Associates, recommended improvements to the Three Lakes pond due to inadequate detention storage necessary for fully urbanized conditions. Over time, the footprint of the pond has been reduced due to bank degradation and silt deposits from upstream erosion. As a result, the detention volume and flood plain storage has been significantly reduced. In 2010, City staff met with the Three Lakes Home Owners Association and acquired a temporary construction easement. Once the easement was obtained, the City of Owasso Engineering Division began a design to address the removal of silt and re- establishment of the pond bank in order to increase detention volume and flood plain storage. In March 2011, the engineering design was complete and an advertisement for bids was published in accordance with state statutes. The bid opening occurred in April and the contract was awarded in May to Earth Smart Construction of Tulsa, OK in the amount of $111,600 for the base bid and Alternate # 1. Construction commenced in June with the removal of more than 7,000 cubic yards of material from the east end of the pond. Since that time, restoration of the disturbed areas and pond banks has taken place. Upon inspection by City staff, it has been determined that all work has been completed in accordance with the design plans and to a satisfactory level. FUNDING: Funding for this project is available in the Stormwater Fund. RECOMMENDATION: Staff intends to recommend City Council accept the improvements of the Three Lakes Pond Maintenance Project and authorize final payment in the amount of $13,452.50 to Earth Smart Construction for a total contract amount of $109,100 resulting in a contract under -run of $2,500. ATTACHMENT: A. Final Pay Application B. Site Map EXHIBIT "A" TUREE LAKES Pt, O" MAINTAINENCE PROJECT -- CITY OF OWASSO PAY ESTIMATE NO, JL FrN-,NI-L_ PERIOD- July 23, 201.1 to September 2,2011 CONTRACTOR Earth Smart Construction Inc BID AMOUT OF ORIGINAL CONTRAC'F: CONTRACT ADJ-USTMFNTS: ADJUSTED BID AMOUNT: TOTAL COWLETE WORK: MATERIALS STORED (per attached tabulation), LESS 0% RETAINAGE: TOTAL EARNED LESS 10% RETATNAGE: PERCENTAGE, OF PROJECT COMPLETION: 100 LESS PRMOUS PAYMENTS: AMOUNT DUE THIS ESTYNIAT1,: 111,600.00 111,600.00 109,10mo 109,100-00 109.100.00 $ 95,647,50 13,45150 The undersigned Contractor certifies to the best of the Contractor's knowledge, information and belief the Work covered by this Payment Estimate lim; been completed in accordance with contract do,aumcnts; that all amounts have been paid by the Contractor for Work which previous Payment Estimates were issued and payments received From the Owner, mid that current payment shown herein is now duin- R���E U � Project 'Barth Smart Construction Inc State. of Oklahoma County of Rogers Subseribrd & swom to before me this --,,,2, day of -Y of Owa S& Approved for Payment by, City cif OWLSSO 0309 4 07011 036 EXR 1216712011 I Date: -".2-S!p- I 'I Notary Publi, My CoMmission Fxpire.s: ---Z-�'- Date Date A C. P P P V f" M, 11 1 1717300 - Pige7 or 13 camnNuAmN sHnT Page­ of ApplicatioE and Certification for Payment, containing CoP.tr<-tct&s signed Certification is attached. Application Number: 3 Application Date: September'2,2011 Period to. September 2., 2011 In tabulations below, amounts are stated to the nearest dollar, Use Columl, I on Contrac variable line items may apply, ts where A- B C D E (Cont) ITEM NO, DESrRIPTION SCHEDULED WORK COMPLETED WORK CoMpLETrD OF WORK VALUE FROM PREVIOUS 11118 PERIOD APPLICATION I Mobilization 100 30,000.00 0 5,000 2 Erosion & sediment $ - 5,000.00 0 i 00 3 Earth Work $ 55,000.00 0 $ - 4 Restoration $ 7,100.00 0 $ 5,325.00 5 Project Allowance $ 2,500.00 0 $ (2,500.00) 6 Alternate# 1 $ 12,00,0,00 0 TOTALS $ 111,600.00 2,825.00 (cont) F G % I -TE Y—AINAGE MATERIALS TOTAL COMPLEUTD COMPLETION BALANCE TO ZT PRESENTLY STORED AND STORED FMSH TO DATE 30,000 100 $ $ 5,000 100 $ - $ - 55,000 i 00 $ $ 7,100 100 $ - $ 0 100 $ $ - 12,000 100 $ $ TOTALS 109,100 100 $ NOTE: At bottom of each coltimn, run totals AGREEMENT 0309 00300 - Pa ge 9 of 13 The City Witiaut Limits. MEMORANDUM TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Travis Blundell Utility Superintendent SUBJECT: FY 2011-2012 Water Meter Purchase Contract Award DATE: September 9, 2011 BACKGROUND: On an annual basis, the Owasso Public Works Authority purchases water meters through a bidding process. The Trustees last approved a water meter purchase contract with HD Supply Waterworks of Oklahoma City in September 2010; thus, a new contract bid is needed in order to keep prices current. In FY 2010 -2011, work orders were processed for 175 new water meter installations and replacements. The FY 2011 -2012 Water Division operating budget includes funding for the purchase of water meters for new service installations and inoperable meter replacements. BID EVALUATION: The bid specifications were advertised in the August 04, 2011 and August 11, 2011 editions of the Owasso Reporter, and mailed to five potential vendors. Bids were opened on August 31, 2011. Two bids were received; one from Water Products of Oklahoma, Inc. (Owasso, Oklahoma) and one from HD Supply Waterworks (Oklahoma City, Oklahoma) with unit prices as follows: Description HD Supply Waterworks Water Products 3/4" Meter $ 35.29 $ 31.00 1 " Meter $ 88.23 $ 100.00 1 -1 /2" Meter $ 258.82 $ 240.00 2" Meter $ 323.52 $ 350.00 Description HD Supply Waterworks Water Products 2" Compound meter $ 1,229.41 $ 1,300.00 3" Compound meter $ 1,778.82 $ 1,770.00 4" Compound meter $ 2,409.41 $ 2,400.00 6" Compound meter $ 4,070.58 $ 4,000.00 After review of the two bids received, it was determined that HD Supply Waterworks is the most responsible bidder and meets all bid specifications. Within the bid specifications provided by the Owasso Public Works Authority, it was clearly stated that a Neptune meter was the required meter to be bid under this contract. The Water Division has utilized the Neptune brand of meter for the past twenty years. The Neptune meter has been a consistently accurate and reliable product for OPWA and water users of Owasso. Unfortunately, the meter submitted by Water Products is not a Neptune brand meter which results in the bid being disqualified. Delivery of the meters by HD Supply Waterworks can be in partial orders over the contract period. Additionally, the contract guarantees unit prices for any orders placed until June 30, 2012. FUNDING SOURCE: The FY 2011 -2012 Public Works Department Water Division budget includes sufficient funds to purchase the needed meters. RECOMMENDATION: Staff intends to recommend Trustee award of the annual water meter purchase contract to HD Supply Waterworks of Oklahoma City, Oklahoma, for the purchase of 5/8" by 3/4" water meters at $35.29 each, I" water meters at $88.23 each, 1 -1 /2" water meters at $258.82 each and 2" meters at $323.52 each, 2" compound meters at $1229.41, 3" compound meters at $1778.82 each, 4" compound meters at $2409.41 each and b" compound meters at $4070.58. ATTACHMENT: A. Bid Submittal z 0 N z w U 0 Q �H F4 O x H 0 U a O O O N N �ij i O b M � N �w N H ti b � Q O � O U N M U U O U 'C3 U O O N U O Q 'd N b0 '.d N 4-i 0 a� O U O 't3 F-i O O U ,—i ti ti ti Z mm C� . aJ O N M bA N 0o O �n O 0 0 d' d' U 't O ^ O O It �t v W N o0 O O a o0 O a d- O G1 O N N O b9 b9 � O Nc�i O N �n M M tai b9 E091 nN o 00 O b9 O M O N � O � Fi 00 _o U � � N O � b9 S9 In U ° U) c� U) o Cd o 0 a A o � A � O � O U O a v1 O U N M U U O U 'C3 U O O N U O Q 'd N b0 '.d N 4-i 0 a� O U O 't3 F-i O O U ,—i ti ti ti Z mm C� . aJ O N M bA N The e City Wit7out Limits. 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: September 9, 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 has drafted 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. One livestock animal will be permitted for each 1.5 acres within the fenced enclosure. 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. This provision will allow emergency impoundment animals to be treated in the same manner as other animals seized or received 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. Updates to Animal Control Fee Schedule 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 several fees for service are proposed. 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 with proposed increases should be presented for the City Council's review and consideration. RECOMMENDATION: Staff intends to recommend City Council approval of a proposed ordinance amending Part 4, Animal Regulations of the Owasso Code of Ordinances. Staff further intends to recommend City Council approval of the proposed fee increases charged by the Animal Control Division. 2 ATTACHMENTS: Proposed Amendments to Part 4, Animal Regulations Proposed Animal Control Fee Increases Proposed Changes to Animal Control Fee Schedule Service Total Cost Current Fee Proposed Fee Dog Adoption $130.60 $110.00 No Change Cat Adoption $92.55 $75.00 No Change Impound Fee $21.03 $25.00 No Change Owner Surrender Fee $35.72 $10.00 No Change City License $2.80 $5.00 No Change Daily Care $8.93 $10.00 No Change Euthanasia $31.12 $0.00 $25.00 Tranquilization $42.59 $0.00 $25.00 After Hours Call $46.27 $0.00 $50.00 Trap Deposit $40.00 $40.00 No Change Deceased Animal Removal (Pick -up) $16.70 $0.00 $20.00 Deceased Animal Disposal (Drop Off) $5.14 $0.00 $10.00 Other Adoption $37.65 $0.00 $30.00 Livestock Call (per hour) $66.58 $0.00 $50.00 Livestock Impound $60.00 $0.00 $50.00 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER 1, ANIMAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 4, CHAPTER 1 OF THE CITY OF OWASSO CODE OF ORDINANCES TO BE AMENDED AND CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, O SECTION ONE: Part Four, Animals, Chapter One, of Ordinances of the City of Owasso, Oklahoma, shall bE SECTION 4 -101 DEFINITIONS The following words and phrases when prescribed in this section except in those c different meaning: 1. "Acceptable Collar." capable of allowing a tag and /or animal; THAT, TO -WIT: 3ulations, of the Code as follows: this chapter shall sere th& context meanings dicates a homemade collar or harness ch does not cause injury to the surgically , another Definitions for :xotic w -Mlife means any and all species of wildlife irally, or are characteristic of another country other commonwealths or possessions; fe." 'Native wildlife means any and all species of wildlife r naturally within the possession of the United States, or any , or possession of the United States; C. "311WIcated Animals." Domesticated animals means any animal kept for pleasure or XF utility, that has been adapted to life in association with and to the use by human beings, and shall not include animals which normally can be found in the wild state, unless specifically so designated by the Oklahoma Wildlife Conservation Commission; 4. "Animal Control Officer." The person or persons employed by the City in the Police Department under the control and supervision of the Chief of Police as the officer in charge with the duty of enforcing the provisions of this chapter and others relating to the control of animals, to include commissioned police officers; 5. "Animal Shelter." Any premises officially designated by the City for the purpose of impounding and caring for all animals found at large or otherwise in violation of this chapter; 6. "At Large." Any animal shall be deemed at large when it is not under restraint; 7. "Confined on the Premises." The condition in which an animal is secured and physically kept, restrained, restricted or contained on and within the premises of the owner by means of walls, or enclosure, such enclosure being adequate to contain the animal at all times; 8. "Educational Purpose." Any educational activity related to the research and study of Equine or Bovine husbandry which is performed or administered by an educational facility or institution that is accredited by the State of Oklahoma. A�'W IW 9. "Enclosed Structure." A structure adequately constructed for purposes of stabling, maintaining or feeding livestock within a fenced enclosure. 10. "Enclosure." A structure suitable to confine an animal other than livestock. The structure shall be securely constructed a <allsecure sides, and shall be kept locked at all times. The design and constru e adequate and sufficient to prevent the animal from escaping male in s 11. "Fenced Enclosure." An area no less than one and one -half (1.5) acre in size that is completely enclosed by a fence of sufficient height and strength to prevent the escape of livestock. 12. "Immun' n." Vac tion o culation administered by a veterinarian or other competent on author' by la ich reduces the likelihood of the animal contracting rabies er inf sease. 13o rop A person eeps or harbors for profit more than two (2) dogs ree o e age of ninety (90) days old. Such a person is classified as c rcial in na ,Neuter." A plWss retWering a male dog or cat unable to reproduce. 15. Owner." person who is eighteen years of age or older and legally competent whNer into a contract acquiring a dog or cat from the City Animal Shelter. 16. "Owner." Any person, firm or corporation owning, harboring or keeping an animal, except a kennel proprietor. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten (I % four (4) days or more, shall be deemed to be harboring or keeping the animal; 17. "Pet Shop." A commercial establishment selling dogs, cats, hamsters, birds, turtles and other similar small animals commonly owned as domesticated household pets. 18. "Provoked Bite." Any bite other than one defined by this section as a bite "without provocation." 19. "Restraint." An animal shall be deemed under restraint when: a. It is humanely controlled by a leash held by a competent person; or b. It is securely tethered in a humane manner within the property limits of its owner or keeper; or c. The animal is confined on the premises of its owner; or d. Under verbal control on private property. In all cases, restraints shall be sufficient to preva om biting, attacking or having physical contact with any person, or with 20. "Senior Citizen." Any person fifty- fiv,gWyears of age or 21. "Spayed." A process of remova a ovari a female da cat by a veterinarian or other person authorized by su t the animal is unable to reproduce. 22. "Sterilize." To spay or ne111ff9JMkW_or cat. 23. "Tethered." A rope or chaill so as to keep it within c unds. 24. "Unalter imal." nimc 25. "Under " An h his owner, member o .1 eight (8) th, such man perso "Unprovoke e." his section. collar, to an animal, h has not been spayed or neutered. urely held, restrained and confined by Va chain, leash or rope, not exceeding to prevent the animal from attacking any deemed "without provocation" as that term is 27. OWinated.':N inoculation administered by a veterinarian or other person authorized by hic uces the likelihood of the animal contracting rabies. 28. "Viciouslipfnal." An animal which has bitten, or attempted to bite, assault or inflicts injury or otherwise attacks a human being or domestic animal without provocation, or which attacks, or acts as if it intended to attack or bite, or bites a person or persons, when not unduly provoked on public or private property. It also means an animal with a disposition to attack all other persons or animals or a natural fierceness or mischief which may lead it to attack other persons or animals without provocation; or any dog or other animal owned or harbored primarily or in part for the purpose of animal fighting; or any dog or other animal trained for fighting; 29. "Without Provocation." An animal that was not teased, tormented, or abused prior to the biting, attacking or injuring any person; includes any animal protecting its 3 owner or the owner's property from criminal activity by a perpetrator of a crime or other threat. State Law Reference; Regulation of animals, city powers, 11 O.S. Section 22 -115. SECTION 4 -102 ANIMALS NOT TO BE AT LARGE No owner shall permit any animal, including fowl, except any cat, owned, harbored, or kept by him, to be at large within the city. It is unlawful for any animal, except a cat, to be at large at any time within the city. in alternative to the penalty cis provided A. It is unlawful to keep or maintain horse or animal of the Equidae family in the this section. B. No livestock shall be kept, maintained or stabled within any zoning district in a fenced enclosure less than one and one -half (1.5) acre in size and except as provided below. Livestock maintained and utilized for an educational purpose, as that term is defined by this chapter, shall not be subject to the restrictions below establishing the number of livestock that may be maintained based upon the size of the fenced enclosure. 1. The number of livestock allowed to be maintained in a fenced enclosure shall be determined by the size of the fenced enclosure. One livestock animal may be maintained for each 1.5 acres within the fenced enclosure. ThJownlW, person in charge of livestock maintained in a fenced enclosure a fo ,shall provide fences or barn fight and sufficient strength as may be necessary to prevent the escape of su om such pen, corral or enclosure; 3. All enclosed structures used for housing of any animal(s), feed or related animal implements shall be set back a minimum of fifty (50) feet from adjoining residentially or agriculturally zoned property. This provision shall not apply if a dwelling unit is constructed to encroach upon an existing livestock use, except that such livestock use may no longer expand toward the newly established dwelling. This provision is not applicable when livestock are maintained and utilized for an educational purpose, as that term is defined by this chapter. 4. The owner or person in charge of premises where, or of the animal which is permitted, by this section, to be penned or confined thereon, must maintain such premises in a sanitary condition not offensive or dangerous to the public, and must clean or cause to be cleaned, each day, the premises, and remove and dispose of all trash, refuse, rubbish and animal excrement, following each day an animal is kept, penned or contained in or upon such premises. REPEAL A. It is wful ny person, other than a properly licensed kennel proprietor, a person who haimwWranted a rescue exemption permit which has been validated by the City of OwalWnimal Shelter, or a person who has been approved by the City of Owasso Animal Shelter to provide animal foster care, to keep or maintain upon any property or premises within the city limits more than (2) dogs and (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if such puppies or kittens are born unto any adult dog or cat permanently maintained at such premises. B. Such animals shall be kept in a pen, lot or enclosure, of four hundFed (400) or on a leash or chain, of sufficient length or mobility as to permit each animal to occupy any area of not less than fGUF hundFed (400) square feet in area, whileh aFeas must he ten (1 0) feet or mare in a�ii�.�_ dt -, the following: I . Large Animal (weighing more than fifty (50) pounds: Seventy -two (72) square feet; 2. Medium Animal (weighing thirty -six (36) to forty -nine (49) pounds: Sixty (60) square feet; 3. Small Animal (weighing thirty -five (35) pounds or less: Forty -eight (48) square feet; C. and The enclosure shall not extend or protrude closer than ^r :n twenty (20) feet from any street side property line of such premises; D. All owners or persons having charge keeping of dogs or cats are permitted shall pick within or upon which such dogs and cats are kel excrement, and shall thereupon place or cause proof container. The owner shall further prove smell, stench or odor to arise from such are i be kept or maintained. Upon failure to c keeping of dogs or cats and the area within constitute a nuisance, subject to abatement as p or c F9 to be plac y offensive, disa or upon which premises where the daily from the area II dung and animal an enclosed, fly - ble, or noxious any or cats may ovisions of t?ection, the confined or restrained shall in this Code of Ordinances. E. The Owasso Animal Sh mainta register of qualified rescue exemption permit holders and /or q e home , plications for such permits shall be submitted in writing to the O so An Iter, the Animal Shelter shall notify the applicant in their a t for a permit within thirty (30) days of application. a res mption rmit or approved foster home permit shall be per to ow d kee a single family dwelling a number of dogs and cats excee ' at permit in subs n (A), provided however, that the permit holder shall not all ore t umbe dogs and cats permitted in subsection (A) outside the resid rescue exemption permit holders and foster ho�rthol all be suble random inspections by an animal control Chief of Police, at any time. Refusal to submit to random n of the holder's rescue exemption or foster home acting under the authority of the Chief of Police, is e e rescue exemption or foster home permit to ensure ;ed therein. of animals allowed by a rescue permit holder or foster home 1. A maximum of four (4) dogs, or 2. A maximum of six (6) cats. The total number of dogs and cats may not be combined. The application submitted to the Owasso Animal Shelter must specify which type of animal the applicant proposes to house. G. The following shall apply to the granting of any permit: 0 1, Rescue Exemption Permit: A rescue exemption permit may be granted to a qualified animal rescue or its designee or agent, 2, Qualified Animal Rescue: A qualified animal rescue is defined as an animal rescue group which has obtained IRS Code section 501(c) (3) approval and has provided copies of the paperwork approving such status to the Owasso Animal Shelter, 3. Qualified Foster Home: A qualified foster home exemption may be granted to applicants living in a single family dwelling who have been approved by either a qualified animal rescue or the Owasso Animal Shelter to foster animals pending adoption or termination of the animal. H. Special Circumstances Waiver: A special granted to a qualified rescue exemption permit holder holder by the Chief of Police or his or her designee. GrA permit holder to house a number of animals excee such number as may be set by the Chief of Poli qualifications must be met to obtain a special gawstc 1, All animals must be kept IN holder may permit the animals outside in such 2. Regularly schedul Owasso Animal Shelter to ensure the animals are treated humanely, holder's home shall authority of the C ' may be given a permit holder is u circumstances waive cir( ani nces waiver may be E)d foster home permit ;h waiver will allow the et forth in (E), and in ,qWe, The following permit ons will be conducted by the sanitation are being met and in the vicinity of the permit Irr'71110W al C7Wrol Officer acting under the laint is found to be valid, a permit holder deficiency within three (3) days. If the iency, or fails to do so, the special ief of Police or his or her designee. r his or her desi� and at any time safety of citizens. special for the I. \Exemption for service animals: Persons who are prescribed a service animal by a licensed physician may apply for an exemption from the Chief of Police if ownership of the animal would violate any City ordinance. The Chief of Police may request any documentation that supports the need for the service animal and documentation of training. The Chief of Police may, at his /her discretion, deny or allow for the exception. Any appeals regarding a denial of an exemption will be directed to the City Manager who has final authority regarding the exemption. The Chief of Police or City Manager may impose special requirements on the service animal owner to ensure proper sanitation or safety of the public and once approved, revoke the exemption for cause. SECTION 4 -111 STABUS ANIMAL HOUSING TO BE KEPT CLEAN Every structure or place wherein an animal is kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors, 7 REPEAL n-1him or el e shall be spread evenly upon the ground and turned under at once or as soon as tht; %veather pern*&-. SECTION 4 -115 SICK AND DEAD ANIMALS, DISPOSAL A. It is unlawful and an offense for any person to animal or fowl in or upon any street, alley or public place v dead animal or fowl within the city. B. It is the duty of the owner of any dea possession of the same to notify the - police -c dispose of the same in a sanitary manner. It is t possession to put all dead dogs, cats, fowl or other receptacle before collection by C. It is the duty of any person upon to notify the poliGe G Animal Control. S removal. D. The owner of any dead c same, shall pay to the police chief dead animal or fowl. It ' ul a such cost of removal. or throw any dead e city or to bury any the person in lawful Lol Officer who shall r person in lawful n ck, box or any a stray dead animal is found not be liable for any fees for A. No p own, harbor or keep in the city any dog, cat or ferret which has not been vacs d, unless a contraindication by a licensed Veterinarian has been noted, against rabies in accordance with the law. The owner of such animal shall have the animal vaccinated either annually with an annual vaccine, or once every three years with a three year vaccine. The owner shall procure from the veterinarian administering the vaccine a certificate of vaccination giving a description of the animal and the date of vaccination. Such certificate shall be in force as provided therein, either one or three years. Any person who owns, harbors or keeps in the city any dog, cat or ferret which has not been vaccinated because a contraindication to the vaccine has been noted and documented by a licensed Veterinarian shall keep such documentation readily available and shall promptly provide such documentation to Animal Control Officers or other city officials upon request. B, Every dog, cat or ferret shall be vaccinated for rabies on or before reaching four (4) months of age, Any dog, cat or ferret which is over the age of four (4) months and which has not been vaccinated against rabies within the past twelve or thirty -six month period, whichever is applicable, and which has been kept within the city for a period of thirty (30) days of more, shall be vaccinated immediately, (Ord. No. 532, 12/3/96; Ord, No, 859, 5/16/06) SECTION 4 -131 AUTHORITY OF OFFICERS A. The-- Animal Control Officers: Departmerk 1. Shalt May seize and impound any any provision of the ordinances of the city; 2. May enter upon the prope rc owner or other private premises to take IM a immediate presence of the owner or custodian 3. Absent consent odo&ent circu residence will not take plee° with o rdel 4. May seize and impl animal, any female ant at not any vicious animal, hict afflicted with rabie B. The Ar aspects of this ch any pets the a on r Any other D the auth( 09ral foun large in violation of enclosure, garag shed, of the nal custody, er in the as provided; will not make entry into a Wanimal, any unlicensed Olized dog or cat not exempt, any animal suspected to be Contr is erlWwered and authorized to enforce all and empowered to issue citations to n o hapter, Wd ause the arrest of any person who resists Ler's pts at resolving animal related violations, mike soh any animal listed above into custody and iarg f the animal shelter for impoundment, A. AnimdiqbiW are taken into custody as provided in this section, shall be subject to humane osition by adoption, donation, euthanasia or other reasonable disposition by an Animal Control Officer after three (3) days have elapsed after taking the animal into custody, not to include Sundays and city holidays, provided the animal is not redeemed or claimed as provided in this Article. A description of the animal, the location and date the animal was taken into custody, the deadline for the animal to be claimed, and date of availability for adoption shall be posted available in the Owasso Animal Shelter for viewing by all interested persons, B. If the owner is identifiable by tag or other means, an Animal Control Officer shall notify the owner at. the address on the registration tag or city records that the animal is in custody and will be subject to disposition if not timely claimed as provided in 9 (A). C. Notice may be given to the owner or may be left at the owner's address with any member of the family over fourteen (14) years of age. If no person can be contacted at the address, a certified letter will be sent to the address by the Owasso Animal Shelter. If no response is received from the owner within seven (7) days from the date the certified letter is mailed, the animal shall become the property of the City of Owasso and will be subject to disposition as provided in this Article. D, Any feral, sick or injured animal, or any animal to be euthanized for rabies testing, taken into custody by an Animal Control Officer shall kL subject to immediate disposition subject to the discretion of the Animal Control OfficjW SECTION 4 -133 FEES FOR IMPOUNDING A. The City Council by motion or re charged for impounding and keeping animals, during which an animal has been fed shall be S B. Any person redeeming an im the Animal Control Officer. Ped ' Mall de 'ne the fees to be puting the fraction of a day a full day. animg�ll pay the r ed fees to C. Any person redeeming imal not li d as required by Sections 4 -120 through 4 -125 of this code shall li animal quired before the animal is released. If an animal has been lic e imal of Officer in charge of the shelter shall require adequate evide of th r lic ng of the animal before releasing it. No person eem an i r animal be released until the animal is licensed as r ction rough 4- of this code. SECTION 4 -140 C TO ANI It is unlawful for any p d, drive when overloaded, overworked, torture, t oriv cessary su nce of water, cruelly heat, mutilate or kill any a or a ve s nimal sufficient water, or cause or procure an animal to be rdriven, ov rke ured, tormented, or deprived of necessary sustenance or w cruelly beate utila r killed. A. animal kea the city limits shall be housed, watered, fed and protected from the we r in such jWner as not to endanger the animal's life or well being. B. No pd7qMhWwillfully or maliciously; 1, Torture, cruelly beat, injure, maim, mutilate, overdrive, overload, unjustly destroy, kill or instigate, engage in, or in any way further any act of cruelty to any animal or any act tending to produce such cruelty belonging to himself or to another; 2. Deprive any animal of food for more than twenty -four (24) hours at a time; 3. Set out, dispose of cause or permit to be exposed to any drug, chemical or other substance whatever, in any open place, whether public or private property, 10 when such substance is poisonous or capable of causing the death or dangerous sickness of any domestic or household animal; 4. Cause any other person to do any of the above acts. C. No animal shall be confined within or on a motor vehicle under such conditions as may endanger the health or well being of the animal, including, but not limited to, dangerous temperature, lack of food or water. D, No person shall abandon or cause to be abandoned any animal within the corporate city limits of Owasso. E. If the condition of the animal is not improved to Control Officer, another citation may be issued. F. Any act tending to produce such the city jail for a period not exceeding ten the maximum amot imprisonment and fine. G. Owners and keepers medical attention to any animal, i 4. elements. Such shall be small e chain or animal co attached in a the animal. No Fresh, potable dri sfaction of the Animal by imprisonment in Lexceeding hvo- r by both such die food, water,-shelter and to, the following; for the species; remain dry and protected from the three (3) sides, and roofed. The shelter y heat and large enough to allow the :cure shall be structurally sound and in keilft a chain or rope shall be placed so that it cannot restrMhts of other animals or with any other objects. The �iclot n length and a minimum of ten (10) feet to allow the fod, water and shelter at all times. The chain shall be acceptable collar, so as not to cause injury or discomfort to wire, or bandanna shall be used as a collar. 6. An Animal Control Officer finding an animal so maltreated or abused shall remove the animal or give the owner or person causing treatment seventy -two (72) hours to remedy the violation. If in the opinion of the Animal Control Officer the life or welfare of the animal is in immediate danger, he may take possession of said animal and place the animal in the care of a veterinarian at the owner's expense or place said animal in the animal shelter. The animal shall be maintained there until such time as the problem can be rectified and all fines, court cost and charges for animal care are paid in full. The decision as to whether the animal shall be released back to person causing maltreatment will then be made by the presiding judge upon recommendations of the Animal Control Officer. 11 SECTION 4 -141 DISEASED ANIMAL It is unlawful for any person knowingly to bring into the city, other than for the purpose of seeking veterinary care located in Owasso, any er mi animal having any contagious diseases, or allow such animal to run at large within the city. SECTION 4 -142 SALE OF DISEASED ANIMALS It is unlawful for any person to knowingly sell, or to cause, allow, or procure to be sold, any gland-ered- -or diseased herse or rnifle any animal without d' closing such disease to the prospective purchaser. SECTION 4 -143 KILLING OF ANIMAL When from any cause it may happen that any ether domestic animal within the corporate Ili maimed, sick, diseased or injured as to render' pelise ch+e# any Police Officer or Animal C be killed or destroyed such animal so injur r disease as practicable, and in such manner a He will cause the carcass to be removed to su matter and disposed of as provide4fthiiLdinance SECTION 4 -147 A. It shall be Owasso to harbor, k, than a dog used b spayed or neut 121(a) prior to Jul veterinarian has cer animal fr aye has so (6) s within th pro provide it to the city slMahLbe so wounded, ry hopeless RWopinion of the may kill or de or cause to s soon afte h injury or ent shall be the east painful. as m ay be set apart for such �id animals. under s caner within the city limits of ss a d at over'TW age of six (6) months, other Owass lice D tment as a police dog, that has not been less the g or ca s licensed as required under section 4- 6 contin maintained such license, or unless a ecessary to postpone or preclude an eutered ealth concerns. If a licensed Veterinarian owns, harbors or keeps a dog or cat over the age of six s eep such documentation readily available and shall mal rol Officers or other city officials upon request. A t the og or cat has not been spayed or neutered is owner of a dog or cat over the age of six (6) months is license, license tag or documentation of spay or neuter, In oI officer shall issue a citation to the owner requiring that the neutered within thirty (30) days. Failure to do so will result in rebutt presumption' establish the event unable to p ce a cur such event, a al dog or cat be s issuance of additio it B. Special Circumstances Exceptions; Any person owning a dog or cat that is registered with AKC, UKC, or other national /international animal association, and who is able to produce certification papers of the same, and who intends to use the animal for breeding and /or show purposes, may apply for an exception to the mandatory spay /neuter law. Such application will be approved or denied by the Chief of Police or his or her designee. If approved, the applicant will be granted an exception upon payment of a fee to be set by the City Manager and included within the Animal Control Division fee schedule. Breeders must be registered with the Owasso Animal Shelter, and the granting of an exception under this section does not exempt the animal owner from 12 compliance with the allowable number of animals set forth in section 4- 110(A). REPEALED AND RELOCATED WITHIN SECTION 4-101 No dog or cat may be released for adoption from the City Animal Shelter unless said animal has been surgically spayed or neutered or a veterinarian designated by the City of Owasso has determined that the animal is at risk of death or other serious medical condition if spay or neuter surgery is performed. or unless the cdopting PGFtY ^C Gn �r- =�rr:� � = mr-rZ zrr: r1 � r_ rr�<w� � � � � �► =YTTr_TlJt 7c7T7� T1 � tT- TTTt7T�'f ii: T�T- 'RTT.{ lLi�Vi� 13 REPEAL The funds deposited with the city shall be refunded to the adepting party upon the .. ig party's presentation of a vffitten statement signed by a licensed � m xet i rnndp m mlpss said animal was spayed or neutered within sixty (60) d ys of adoption in the Gase of an adult anii-m-al or in the case of an Want gnwmall, within thirty (30) days of the A. It is unIft the city unless sucpq license fee of Ten Do zoning and payment any person to be a kennel proprietor, GS hGFeen defined, within prietor shall first pay to the City Treasurer of the city an annual One Hundred Dollars ($100.00). Upon proof of proper of such fee the City Clerk shall furnish to such kennel proprietor a license to engage in such business. The kennel proprietor's license levied in this section shall be in lieu of all other license fees prescribed in this chapter and ordinances of the city for dogs in such kennel, B. A "kennel proprietor" is defined as any person owning, managing or maintaining a place where animals are boarded on a temporary basis. This section shall expressly exclude licensed veterinary offices. 14 C. All animals in such kennel shall be at all times confined on the premises of such kennel proprietor. Should any dea9 or bitGh animal belonging to, or kept by, such kennel proprietor be allowed off the premises of such kennel proprietor, the owner or keeper, thereof shall pay the same fees thereon as is required by the ordinances of the city for all dogs and cats not kept by a kennel proprietor. Any such dog or cat shall be subject to all of the provisions of such ordinances, including seizure and impounding to the same extent and in the some manner as any animal at large. Such kennel shall be maintained at all times in a clean and sanitary condition and shall be subject to inspection by the animal control officer or other proper official of the city. REPEAL SECTION 4 -161 PET STORES A. Structural standards. The iti using als in a pet store shall be structurally sound and shall be maintai in go it tollirvent injury to the animals. All buildings, premises a ainers u to p a s shall be maintained in a sanitary manner. Equi a avai r the pro r storage or disposal of waste material to control n, insec nd obn us odors. Pet stores shall take effective measures to cont d preven infesta of animals and premises with external parasites and verm a bur ' exc bedding or debris on the premises is prohibited. nclo En c es for all animals in pet stores shall be suited to the spe f animals, s ral nd and maintained in good repair to protect animals from and escape. I all be constructed and maintained so as to enable the ani to remain cl and when appropriate for the species. All animals shall be kept i er enclosu except when cleaning said enclosures. Birds acclimated to open perch all be ex t from the enclosure requirement. Walls of enclosures shall be constructed of nonabsorbent, nonporous materialWervious to moisture. If wire or grid flooring is used it must be made of galvanized, stainless steel, or plastic coated wire and be of adequate gauge to support the animal(s) without sagging and to prevent the animals' feet from passing through the openings. Enclosures in current use shall be cleaned and disinfected daily, or more if necessary, to maintain a sanitary condition. Enclosures shall be designed and constructed to provide adequate physical comfort to the animals. Each animal must be provided with sufficient space to turn about freely and easily stand, sit or lie in a comfortable natural position. Animals that are group housed must be maintained in compatible groups. No female dog or cat in season 15 (estrus) shall be housed in the same primary enclosure with male animals except for breeding purposes. C. Housing facility temperature. Pet stores shall be sufficiently heated to protect animals from the cold and to provide for their health and comfort at all times. The temperature of the air surrounding animals shall be maintained in a manner that does not cause undue stress to the animal. Animals shall be provided protection from the direct rays of the sun. D. Housing for animals in all pet stores shall be adequately ventilated to minimize drafts, offensive odors and moisture condensation and to provid for the health and comfort of the animals at all times. Ventilation shall be deeme quate only if mechanical ventilation, such as exhaust fans, exhaust vents conditioning is provided and operating properly. E. Lighting. Facilities housing animals shall JgyWample lWistributed light by natural or artificial means, or both. Enclosures sh9JWo placed a rotect animals from excessive illumination, except those whic ire it. F. Animal health. Animals shall be ed with that is whole, palatable, and free from contamination and of ie ntity and nutritive value to maintain animals in good health. Animals, other t in reptiles which according to normal husbandry practices for th ' ies are no t least once daily, must be fed at least once a day, including Sund lidays, e t as dictated by hibernation, veterinary treatment, normal fasts, or er my ac d practices recognized by professionals who are expert in the a of t young animals, they sh at leas o f feeders are provided. s shall may be used for th ing of ood pr e regularly to prev olding or ng of fo they must be disca after ing. F adequately protect th vermin. - Is c rued. In the case of p xcept when continuous self able an nitized daily. Self feeders i they are cleaned and sanitized disposable food receptacles are used, shall be stored in facilities which Ition, molding, or contamination by e w hall be provided at all times to each animal in ace ce with its s, e t as directed by hibernation, veterinary treatment, or othe monly acce pra recognized by professionals who are expert in the care o animals conc ed. W r containers shall be designed and of sufficient number t vide and di se adequate quantities of water for the particular species and must b ed in JS'lt way as to prevent spillage. Water containers shall be cleaned and s ed once each day. 2. Albs and cats received for resale shall be housed separately from other dogs and cats on the premises for a minimum of forty -eight (48) hours before being released to a purchaser. Each animal shall be observed daily by pet shop operators or employees for general symptoms of injury, illness or disease. Any dog or cat that exhibits symptoms of injury, illness or disease shall be isolated and treated as prescribed by a veterinarian. Any such dog or cat shall be pronounced healthy by a veterinarian before the dog or cat can be offered for sale. 3. Dogs confined in cages shall be removed at least once daily for a period of time necessary for exercise. 16 4. All pet stores must plainly display signage warning of potential salmonella transmission and infection to humans when selling reptiles and amphibians. G. Prohibited sales. The exhibition, sale or offer for sale by a pet store of any of the following listed animals is prohibited: All puppies and kittens under the age of 8 weeks. 2. All animals prohibited by City ordinance. Any animal which exhibits: (a) Obvious signs of infectious dise parvovirus, coronavirus, hepatitis, leptospirosis, rabies or construed to include incubating diseases.) A Obvious signs of and emaciation. (c) Obvious signs of influencing its general health. health. H. Records. The owner or records regarding each( 1. I obtained, date th license number if disci was sold 4. and method u- circumstance, as distemper, ar diseases. (Not to be rickets be affecting its general intain the following pet store: firm or corporation from who animal was kment of Agriculture (USDA) dealer g or carWWding species, breed, sex, color and dition and health, age and USDA animal identification Jdreffof person, firm or corporation to whom dog or cat nsferred and date of sale or transfer. dog or cat, if not sold or transferred, including euthanasia and cause, if known, escape, or other specific 5. For each dog or cat receiving medical care, the type of service rendered, date and veterinarian's name. 6. If applicable, the USDA individual health certificate and identification form for each animal. I. The information required under this section shall be recorded in a logbook within seventy -two (72) hours of receipt of the animal. The records shall be maintained at the pet store for a minimum of two years after the date of sale, transfer or other 17 disposition of the animal, and shall be readily available for inspection upon request by Animal Control, law enforcement or other City official. J. Inspection. Inspections of pet stores may be made by Animal Control, law enforcement or other City officials for the purpose of determining that the pet store is in compliance with all requirements of this section. K. Penalty. Any owner or operator of any pet store violating any provision in this section is guilty of an offense, and upon conviction, shall be fined, including costs. Every day upon which a violation continues shall be deemed a separate offense. SECTION 4 -170 QUARANTINE OF ANIMALS FOR OBSERVATION A. The identity and address of the owner of any be promptly furnished to the Animal Control Office County Health Department within four (4) houead shall securely quarantine �h an animal for release such quarantined animal until reason te animal is not infected with rabies, At the dis he such - quarantine may be quarantined on th s hospital of the owner's choice at the owner's unknown, the City of Owasso will be upon an animal following an unpr euthanizing the animal. st of bite shall be the resq e i B. K -9 a from the requireme time as the animal is E CTI No n shall, withoi twenty (24) hours, possessio the anir number, a nd cc which the an! M for four (4) or m animals or animals residency within the Cit in I that bites a person shall Health Officer, or the ite, Th imal Control Officer of ten (1 ys and shall not rmination h en made that Animal Contr cer, animals owner; or veterinary If the animal's ownership is the c medical testing performed W-k jury and for the cost of nimal following a provoked or usedft a law enforcement agency are exempt er, indWng quarantine procedures, during such - andler or routine veterinary care. owl1W and consent of the owner, possess for more than anim that he does not own without first reporting such :I ntrol division, giving his name, address, and telephone e description of the animal, and the circumstances under his possession. Persons retaining possession of stray animals ill be considered the animal's owner. Persons bringing stray surrendered to the City Animal Shelter must provide proof of limits of Owasso. SECTION 4-184 IMPOUNDMENT DUE TO EMERGENCY NEW SECTION A. If an animal is impounded as a result of a fire, medical emergency, hospitalization, custody arrest or other situation rendering the owner or person in possession of the animal temporarily incapable of caring for the animal, the animal may be impounded by a Police Officer or Animal Control Officer and impounded at the City Animal Shelter. ME B. If possible, the City will notify the owner or person in possession of the animal of the animal's location and the conditions under which the animals may be released. The animal will be held for a period of ninety -six (96) hours. If the animal has not been claimed by the owner, person possessing the animal or a designee of the owner or possessor within ninety -six (96) hours, the animal will become the property of the City of Owasso and may be placed for adoption, transferred to an animal rescue organization or euthanized. Owners or other persons possessing animals under these circumstances set forth above shall not be subject to impound or daily care fees for the animal. SECTION TWO: REPEALER All ordinances or parts of ordinances in conflict with this to the extent of the conflict only. If any part or parts of this ordinance are d the remaining portion shall not be affected The provisions of this ordinance shy final passage as provided by state I The City of Owasso codified in Part 4, CA Sherry Bishop, City (SEAL) are hereby repealed hconstitutional, irk remain in full force or ineffective, Wffect. (30) days from the date of Doug Bonebrake APPROVED as to form and legality this day of Julie Lombardi, City Attorney 19 2011. above and day of V The City wit'out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Private Storm Water System Improvement Policy DATE: September 9, 2011 BACKGROUND: Similar to other communities throughout the state, the City of Owasso continues to face difficult issues concerning the reliability of storm water facilities constructed by land developers and maintained by subsequent landowners or Home Owner Associations. Following a request by City Council for the development of a policy outlining a method and means of prioritizing and funding requests for private storm water facility improvements, staff presented their research and suggestions for policy language during the June and July City Council work sessions. In addition, a Public Meeting was held on August 1 lth to gather citizen input related to a policy intended to assure that privately owned detention facilities function in accordance to the City of Owasso's stormwater management criteria. POLICY PURPOSE: The purpose of the Private Storm Water System Improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private stormwater facility owners for public assistance. 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 and HOA's often do not have adequate funds for proper maintenance. Privately owned stormwater facilities must be maintained to prevent flooding of adjacent properties as well as minimize the negative impacts of excessive flows onto public roads, private property, public facilities, and to aquatic habitat in downstream areas. Therefore, the burden of assuring the integrity of public stormwater facilities subsequent to the failure of private storm water management facilities o ften falls on local government. REQUEST FOR ACTION: Attached for City Council review is a draft of the proposed Private Storm Water System Improvement Policy incorporating commentary received during City Council discussions and citizen input received at the aforementioned Public Meeting. An item has been listed on the September 13, 2011 Council Work Session agenda for Council discussion and consideration to approve the proposed policy. ATTACHMENTS: A. Proposed Policy B. Comments received from Public Meeting Owasso City Council Policy Statement Relating to Private Stormwater System Improvements In its desire to pursue the highest quality of life for citizens of the Owasso community, the City Council recognizes the importance of stormwater management. The City of Owasso continues to face difficult issues concerning the reliance of storm water facilities constructed by land developers and maintained by subsequent landowners or Home Owner Associations. The City of Owasso stormwater system contains approximately 45 public or private detention stormwater detention facilities. 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 in order 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 habit downstream areas. More and more often, the burden of assuring the integrity of the public stormwater facilities subsequent to the failure of a private storm water management facility falls on the local government. The purpose of the Private Storm Water System Improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private stormwater facility owners for public assistance. Therefore, the City Council adopts the following guidelines and directs the municipal staff to endeavor to implement the policy as a priority in the administration of the staff's duties: 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 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 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 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: Public Works 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 (max): 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 the 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 Engineering Design Criteria (Ordinance No. 812). 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. ADOPTED by the Owasso City Council on the day of 2011 Doug Bonebrake, Mayor Proposed Private Stormwater Detention Facility Policy Public Hearing Notes August 11, 2011 Ron Schell — Central Park Q: What is the rule of thumb as far as eligibility? RS - The Private Stormwater Facility must be a part of the City's Stormwater system and Stormwater water capacity has been reduced resulting in a risk of flooding to the adjacent, upstream, or downstream properties. Weakened or eroded areas of the dam or barrier pose a likely threat of dam or barrier failure. Is the original design capacity of the pond used to determine the reduced capacity? Yes, this documentation would be utilized to help determine if there is a reduction of capacity. If a pond went from 10' deep to 2' deep, would that be a concern? The decrease in depth would not decrease the stormwater capacity. Therefore, pertaining to this policy it would not be a LalsliM- I Brandon Miller — Honey Creek Q: What is the outfall structure? RS — It's the structure where water is discharged from the pond. David Shaw — Silver Creek Q: Explain what "integrity of pond" means. Flooding only? RS -- Pertaining to this proposed policy "Yes ". The policy will address issues that pertain solely to Stormwater detention. vegetation Control, landscaping etc., would not be eligible for public funds. Q: Are sidewalk erosion and sinkholes considered safety items? RS — Yes, but this would be an item the HOA would be responsible to maintain. Dan Fike — Bailey Ranch - Sawgrass Q: What will the City do in regard to future development? RS - We will continue to update the master plan, look at constructing more regional detention facilities, analyze all basins, and modify the detention facility long range plan. Are developers /realtors selling us on a bill of goods because we were under the impression that the City would maintain the ponds? I can't speak on behalf of the developers / realtors but I do know the developers have a clear understanding the HOA's are responsible for the maintenance of the detention facility. Does the City have a "pond expert" on staff or someone who can give the HOA's some guidelines for pond maintenance. Currently, the city utilizes an engineering consultant for detention pond design review. The city staff will assist the HOA, as much as possible, to identify resources for pond maintenance guidelines, for instance, organizations like the EPA. Brandon Miller —Honey Creek Q: The Honey Creek HOA owns two of the three ponds. One pond is only two feet deep. What type of work are they looking at; dredging or filling it in and running culvert for the water to run through? RS — Pertaining to the proposed policy, the City would only address issues pertaining to stormwater detention. Are these possibilities? Yes, these are possibilities as long as the improvement doesn't affect the detention requirements. Any requests beyond detention issues would not be eligible for public funds. Is there funding available for this type of work. What about aesthetics? Aesthetics improvements are not eligible for public funds. However, there is a neighborhood grant program that has been established and may provide HOA's some funds for this type of improvement. Where is the money coming from to fund this? Stormwater projects are typically funded out of the Stormwater Fund. If we have to pay for this, the HOA funds will be depleted. What happens if erosion improvements enhance aesthetics? Addressing erosion issues will enhance the image of the pond. Depending on the severity and location of the erosion will determine if the City will possibly utilize public funds for these types of issues. Will improvements go to a bond vote, sales tax? The City is not entertaining an additional funding source for stormwater projects. Q: Does the City have a master plan? RS —Yes, we have a plan in place which will be updated in the year of 2012 -2013. Kenneth Yates — Silver Creek Mr. Yates commented his opinion that stormwater detention is a function of city government. He would like to know where the line is for what homeowners are responsible for and what the City of Owasso is responsible for. He believes the City should be totally responsible for management and control of stormwater. Ron Schell — Central Park Mr. Schell commented that most of the water in their pond comes from the neighborhood. The rest comes from other sources, which they cannot control. If this policy is passed, Mr. Schell doesn't feel the whole responsibility should be the HOA. He believes the residents can handle some of the maintenance, but they cannot take care of beaver dams or the "heavy lifting" so to speak. If they are held responsible, there would be no way the HOA could legally obtain enough funds from the residents to pay for this type of maintenance. Q: Regarding a consultant for pond analysis — is this a possibility? Would they be able to provide the guidelines to help with future erosion? If so, when will this assistance be available? RS — Yes, but not until next fiscal year after a proposal has been presented and approved by City Council, Q: What is the purpose of the policy being proposed now? Is part of it to transfer responsibilities to the HOA's? RS — The purpose of the policy provides City officials the ability to utilize public funds to assist private stormwater detention facility owners with detention capacity issues. Typically, these projects cost a lot of money and the City understands HOA's have limited funds. The City believes this policy does nothing but help out with the difficult issue. David Shaw — Silver Creek Mr. Shaw commented that the homeowners are being treated unfairly by having to pay for pond maintenance as they are already paying a stormwater fee. He would also like to know why trees and other aesthetics are not included in this funding if they help with pond maintenance. RS — Trees roots can cause voids in the pond dikes. Therefore, trees are not a good source for erosion control measures. Vegetation such as Bermuda grass is good for erosion control, especially if the grass is kept 3- inches and above; not scalped. Beavers and muskrats can be trapped and released by animal control or the local Wildlife Department. Mr. Shaw requested guidelines for preventative maintenance around the ponds. He feels this would give the HOA some backing if they should ask the residents for additional funds. He also asked how the rating system would work on project funding, what happens if two projects scored equally, and why work like this couldn't be on a bond issue. RS -If the project scores equally, the City will analyze the overall impact to downstream, adjacent and upstream properties. Based on the information collected, the City will propose a project to City Council for review and approval. Vicki Gray — Lakes of Bailey Ranch Q: The small pond needs to be dredged and vegetation removed. Will this policy cover the cost of dredging or do we as homeowners absorb the cost? RS — if the issue doesn't affect the detention requirements, the City will not utilize public funds for such improvements. Nancy Collins — Silver Creek Q: Will there be anything concrete resulting from tonight that the homeowners can use for pond maintenance? What can we do to prevent problems now? If you do have guidelines, will you share them with the HOA's now? Yes, we have some information provided by EPA. The information is located on the table just outside of the doors. Also, the Public Works is in the process of developing maintenance manual for detention facilities. We should have his information ready for public view in the fall of 2311. Who do we contact if we have erosion issues? You can contact the Public Works Department.