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HomeMy WebLinkAbout2014.10.14_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building (�G� 109 N Birch, Owasso, also, OK 74055 Regular Tuesday, October 14, 2014 - 6:00 pm Owls 0M 1. Cali to Order Mayor Jeri Moberly 2. Presentation and discussion relating to Self- Insurance As part of the worksession, staff will present various topics intended to assist the Council /Trustees in the performance of their duties. 3. Discussion relating to Community Development items Bronce Stephenson A. Plat vacation - Owasso Freewill Baptist Church B. Final plat - Rejoice Christian Campus C. Plat vacation - The Sevens D. Re- plat /Final plat -The Sevens E. Final plat - Lake Valley V, Phase II F. Final plat- K -MAC (NW corner, west of McDonald's at 116 St N & 135th E Ave) 4. Discussion relating to the 2015 Tulsa Regional Chamber OneVoice Legislative Agenda John Feary 5. Discussion relating to Finance items Linda Jones A. Capital Improvement Projects Funding timeline B. OPGA Cash Balance 6. Discussion relating to Public Works items Roger Stevens A. Engineer agreement- Wastewater Mosterplan Update B. Engineer agreement- Brookfield Crossing stormwater improvements 7. Discussion relating to renewal of Youth Court Contract Julie Lombardi S. Consideration and appropriate action relating to a request for an executive session for purposes of discussing confidential communications between the City Council and the City Attorney concerning pending litigation as provided for in Title 25, O.S. Section § 307(B)(4) Julie Lombardi 9. Discussion relating to City Manager items Warren Lehr • 1/2 Penny Sales Tax election • Monthly Sales Tax Report • City Manager Report Owasso City Council October 14, 2014 Page 2 10. City Council /Trustee comments and inquiries 11. Adjournment Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall bulletin board at 6:00 pm on Friday, October 10, 2014. . �laisih 11 "'C u% �/i Sherry BishopjCity Clerk /Uf' The City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Jurisdiction Director of Community Development SUBJECT: Plat Vacation - Owasso Freewill Baptist Church DATE: October 10, 2014 BACKGROUND: The City of Owasso received an application for a plat vacation from Owasso Freewill Baptist Church. The property is located on the west side of US -169 at E 106th St N. SURROUNDING ZONING: Direction SUBJECT PROPERTY /PROJECT DATA: Property lroperty Size Zoning Use Land Use Plan Jurisdiction North OM (Office Medium ) Undeveloped Transitional Owasso South RE (Residential Estate ) Residential Commercial Tulsa County East AG (Agricultural) US -169 Commercial Owasso West CS (Commercial Shopping) Undeveloped Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property lroperty Size 5.49 acres Current Zoning OM Office Medium Proposed Use Church Lots /Blocks 1/1 Number of Reserve Areas None Within PUD? N/A Within Overlay District? US -169 Overly Water Provider Washington CounFy Rural #3 Applicable Pa backs Storm siren fee of 35 /acre Streets (public or private) N/A ANALYSIS: The application requests the vacation of the existing plat "Owasso Freewill Baptist Church." The applicant is simply vacating the existing plat in order to re -plat the subject property with a large property to the north in order to create the Rejoice Christian Campus, consisting of the church and the school. The applicant has submitted all required materials for the vacation. The vacated plat area will be subsequently re- platted as a part of the Rejoice Christian Campus, so there will be no lapse in the property being platted. The applicant will follow up the Council action with a suit in District Court to fully vacate the plat (process per State Statute). PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on October 13, 2014. ATTACHMENTS: Area Map Aerial Map Plat — Owasso Freewill Baptist Church Plat Vacation Form Rejoice IfI111111 I�Illi 1 p ��� 1111 _ � 1111 � �� 111 ■ � ■ .eee+ePeP♦ �ii•i i•••iii iie♦�ii i �,.,e +s,�i +•iiiiii DDii ♦+++eeeoee ++o+� 4oPe •. �. ❖. ❖. �. �. ❖ do 00 0 •. P5 lzi o.,.;�•S. ❖.o•.00000., • s• i• i• i• i• i• i• i• i• i• i +i • i• i• i ♦eP+PPP♦♦o+eeP+� iePeP♦+♦Peeoe+se ♦+eP♦ +l +eeePP• + +e +e1 +P +e + +Pee1e♦ <• i•i• �i�� iii•Oi�1%i +oei�iii0•ii•Oi ♦ ♦ ♦N?♦ ♦e♦ ♦� ♦e ♦e +AeeA♦e ♦♦ • e • i • i • i • i ' i • i • s +� • i' e • i ie+o+oe♦o0e♦ rk M ., r > i . . per .'rr�-rrrrrrrw�'rrre'A++++G+ooe e + + ?eA6♦ ♦eeePePeP�♦ A +e �P+ G+ YG♦♦ PePe ♦ ♦e ♦e'♦ ♦ ++1 ?eee o+oeeeoPe+o♦Peo eeePePeP♦PSeoeoePe� ePe+e++o+++oe+oPe oero♦o+e+oeeee+e+♦ +P♦ ♦ e+eoeoos+♦ P+P♦eoeeeee+P+o+♦� �o,+,00�e,Jieiiieii +i•O Oii:eo������+�eAeoo��c !i ii•ii % % %i0��� %i� � %i %i0%0i i! i! i! i! i! i! i! i! i! i! i! i! i! i! i !�i!i!i!i!i ►iiii soraava� 1 I �� 10/06/2014 please ....- Information. Rejoice 1" = 752 ft 10/0612014 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date information. _ �Nf R.a nz 9w�rouon Ml It n2 II"I - Owasso Freewill Baptist Church R 14 E E.ISi 116M S1xiLT xMM A_ SgN usi ioaM �sMEZi xoxM Location Map A su9smsw w ME sc /� ai MC sw /1 or szrnax s, tmMSNiP zi xpiM. RwxcE �� usi 1N31 ctuxtt. oIMxW.;1 OWNER: S RWYOR: Owasso Freewill Baptist Church A.C. Hall & Assay Sur ),Ing, Inc. 108 Nwtb AUOnto 102 North Om. BWte A O,ae :o. OW.homo ]ass B,.k.n Avow, Okl.hamo 71012 ,h.— (918) 272 -5291 Ph— (918) 258 -3737 ,.a,.,...Ss....�.�.��.. e.xo,a In- w,..s M. Mr G1 t0 7 UnplacLed 0 .\I� �f SmlaUnt'.60' t`_22 N O r �>seran _ snw; i. mw .wowort..vo aewmzxr In mwnR a avm Owaaw F..01 B,ti.t COarch mwet tat I VACATION OF PLAT AND TERMINATION OF DEED OF DEDICATION OF OWASSO FREEWILL BAPTIST CHURCH [PLAT NO. 4915] THIS VACATION OF PLAT AND TERMINATION OF DEED OF DEDICATION AND RESTRICTIVE COVENANTS of OWASSO FREEWILL BAPTIST CHURCH, PLAT NO. 4915 [ "Vacation "] is dated this day of 2014. WHEREAS the Plat and Deed of Dedication of OWASSO FREEWILL BAPTIST CHURCH was recorded in the office of the Tulsa County Clerk as Plat No. 4915 on December 10, 1992, and WHEREAS the undersigned TCF- Rejoice Christian School, LLC, an Oklahoma limited liability company, is the sole and only owner of all of the land included in the Plat of OWASSO FREEWILL BAPTIST CHURCH, none of the lots having been sold or conveyed to any other party, and WHEREAS it is in the best interests of the owner of the property affected thereby to vacate all of the Plat of OWASSO FREEWILL BAPTIST CHURCH, as provided below in order to allow the subject land to be re- platted as part of a larger tract in accordance with the terms of a new plat to be named REJOICE CHRISTIAN CAMPUS, a Resubdivision of All of Lot 1, Block 1, Owasso Freewill Baptist Church and a Subdivision of Part of the Southwest Quarter (SW/4) of Section 9, Township 21 North, Range 14 East, City of Owasso, Tulsa County, Oklahoma. NOW, THEREFORE pursuant to I1 O.S. 2001 §42 -106, the undersigned, being the owner of all of the land situated in OWASSO FREEWILL BAPTIST CHURCH hereby vacates the Plat and Deed of Dedication of said OWASSO FREEWILL BAPTIST CHURCH recorded in the office of the Tulsa County Clerk as Plat No. 4915. FURTHER, this instrument terminates and vacates all of the building and use restrictive covenants, setback lines, and easements provided for in the Deed of Dedication recorded with Plat No. 4915, Attached hereto and incorporated by reference is the Affidavit of Tulsa Abstract and Title Company showing the ownership of the lots that comprise OWASSO FREEWILL BAPTIST CHURCH. The undersigned has executed this instrument the day and year first above written to be effective as of the date of recording of the plat of REJOICE CHRISTIAN CAMPUS, Page 1 TCF- Rejoice Christian School, LLC, an Oklahoma limited liability company, By: � �V Name: Edward Gibbs Title: Co- Manager STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) This instrument was acknowledged before me, a Notary Public, on this day of August, 2014, by EDWARD GIBBS as Co- Manager of TCF- Rejoice Christian School, LLC, an Oklahoma limited liability company. My commission expires: 1 l Page 2 NOTARY PUBLIC Commission No. On this day of , 2014, the Owasso Planning Commission expressly acknowledges, consents and approves of the Vacation of Plat and Termination of Deed of Dedication of OWASSO FREEWILL BAPTIST CHURCH, Plat No. 4915. CHAIRMAN On this day of , 2014, the City of Owasso, Oklahoma, a municipal corporation, expressly acknowledges, consents and approves of the Vacation of Plat and Termination of Deed of Dedication of OWASSO FREEWILL BAPTIST CHURCII, Plat No. 4915. Chairman of the Council Approved this day of 2014, Mayor (Seal) ATTEST: City Clerk APPROVED: City Attorney Page 3 O—T City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Final Plat - Rejoice Christian School DATE: October 10, 2014 BACKGROUND: The City of Owasso received for review and approval a final plat for the development of the new campus for Rejoice Christian School. The property is located on the west side of US -169 from E 106th St N, north approximately' /] mile. The property also connects to N 1291h E Ave SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction Private School CS (Commercial 2/1 Number of Reserve Areas None Within PUD? Shopping) & RS -3 Undeveloped US -169 Overlay Water Provider North (Small -Lot Single- & Commercial Owasso Family Commercial Residential South CS (Commercial Undeveloped Residential & Shopping) & Residential Commercial Tulsa County East AG (Agricultural) US -169 Commercial West CS (Commercial Residential & Residential & Owaoso Shopping) Tree Farm Transitional TulCunty SUBJECT PROPERTY /PROJECT DATA: Property Size 76.1 acres Current Zoning OM Office Medium Proposed Use Private School Lots /Blocks 2/1 Number of Reserve Areas None Within PUD? N/A Within Overlay District? US -169 Overlay Water Provider Washington County Rural #3 Applicable Pa backs Storm siren fee of 35 /acre Streets (public or private) N/A ANALYSIS: An application has been submitted for a final plat of Rejoice Christian Campus for the development of a K -12 Private Christian School. A portion of the property is currently utilized by Rejoice Church which has operated on the site for number of years. The plat for Owasso Freewill Baptist where the church is currently located will be vacated and the entire tract will be platted as the Rejoice Christian Campus, with a lot for the school and for the church. Access will be provided to the property through entrances on N 1291h E Ave and E 106th St N. The plat also provides access to a future service road to the east of the proposed development. The plat will consist of two (2) lots in one (1) block. There will be no public streets on the site. Perimeter utility easements will provide for needed utility connections upon development of the property. Due to the nature of a project of this magnitude that will include a church, elementary school, mid -high school, performing arts center, sports stadium and numerous other sports facilities, utility and drainage easements are run throughout the site. The applicant has worked with the City, the water districts and the multiple utilities to provide adequate access points to each of the uses on the campus. This plat dedicates a small portion of area to be used for right -of -way for a future US -169 service road that would be continued from the Garrett Creek Commercial development to the north, all the way down to E 106th St N. The area to be dedicated is a portion of the parking lot used by the Rejoice church. This dedication will allow for the construction of the service road in its current planned alignment. 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. This property does fall within the US -169 Overlay and will have to be designed to meet these requirements. The applicant has submitted a site plan and civil engineering plans for staff review. Approved earth moving work has commenced on the site. The property is served water by Washington County Rural Water District #3, Owasso sanitary sewer, police, fire, and EMS service. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. In a regional context, this proposed addition is in conformance with the Owasso 2030 Land Use Master Plan, as the area is shown for transitional uses. TECHNICAL ADVISORY COMMITTEE: The Final Plat for The Rejoice School was reviewed by the Owasso Technical Advisory Committee at their regularly scheduled meeting held September 24, 2014. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The applicant has addressed TAC comments. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on October 13, 2014. ATTACHMENTS: Area Map Aerial Map Final Plat - Rejoice School Rejoice VIII 1111 ' 1111 _ ■ mom -y Iasi W W. ♦i0ip ;O�i;i� • .O .,.p♦ Sul"■■ 10/0612014 ;please contact Owasso staff for the most up-to-date informatlon. Rejoice 1" 752 ft 10/06/2014 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date information. wun I ss cmvxrcoF�mu I ctma_yt Draft Final Plat #1 Rejoice Christian Campus PART OTnEFFUTMEcTaol aEc- )OFa.�ba0.0 -5 oU olEO�ml'F�T, o ool ZONED OM-OFFICE MEDIUM DISTRICT Omen: Ergincc ✓SUrveyo[ TCF- Rejoice Chrislian School, LLC First Freewill Baptist Church of Sisem.. Weisz B Aesmates. inn, tiCl +.cw.um. t.eaaluyave...aw Owasso Inc. e.rn .,axauntam eA.]a21. "-':.cols SV ,OOklahoma. .0 Sw:n Ham ael, ul. f pe �a CaFraYm 61116. 32m1 F, sa. O4pMma 1<1. 1N13 Earl lFnR 51reo1 NMn TWU, oFt.—T<133 FOR — ns)RB}Afdf Owasso.O 1.0 Tic" Phone: (a'.) R35.a. Pnono: "s, NvIal Ematl: puuht(Psw�oawccom eunMNalon Slotiilka: te9ona: konumonUlbw eaz6 oltpoaMg. Bon r�rzsmxurpnxm¢i.uvm Localloa Map SEE SHEETS 2& B FOR ALL INTERIOR DIMENSIONS, j EASEMENT INFORMATION BUILDING SETBACK LINES LIMITS OF NO ACCESS & RIGHTS-OF-WAY. T x a .�i Draft Final Plat #1 Rejoice Christian Campus N 'nIcl ZONED OM- OFFICE MEDIUM DISTRICT (� Qmcrs: r& ivcym: TCf- Rejoice Christian School, LLC First Freewill of , Wijc Sisemore Weisz & Associales.ln<. a. c'mw�a«...n Lasmr�aTMr Owasso, Oklahoma. Inc. knho1ch Inc �'�'= =14..bkzin x >zene.. LUnv.}ols 5w[., �m 5Zv 50u1�Maln5oml, $oils 1111 Mer'abma Garysbn fi111 E. J3M PUCe iWZa.OFpMmai91W 11113 EVSI1WN 51eee1NMn iukv, OFLMOma in135 Pf.vne: 1918)SB}.BB% Owazzv,OFlaMnn }<O55 Pem¢19181 BaSJ6W PMnn: 191v1}]} -5391 Enalt QmisiQzwnrzccmm Location Map 5 bw,41- 5fa0afks' LvgviM'. rnoo =Ilbllam. Ilaslzvl RerAnq: B�Mmarc .��i,.m,eKN�w Releku CMlzllan Campua Draft Final Plat #1 Rejoice Christian Campus G M1.iS Nx Or A. 1.1 -11 ,m-1,�IOf r PMrOf IN SOUTH .O Si eY sE 91 xomraMLE�O. EAS•Y0 VJ% Or w So.MLCOUMV. OiuANOAN n ZONED OM-OFFICE MEDIUM DISTRICT IU' av�,ors: eWONn TC0.Reloice Christian School, LLC firs)Freewill ,ft of &A..d Sisemore Weis z8 Nssaciales. Inc. kIM.(Ohurcn w.a«rn LUNxr enmq Owasso. Oklahoma, Irle. xuic rv�w S355ou1n n1ain 5Oee1, 5ui10 1111 y� - L b Gt t•E. J]na PLicn 1]atJ Fas: lOGln GirtelNMn ONa.)W1 iWSn, OiIBMira laf ]5 I.., , PMn¢(91915B]dBOI pvasso. OpaMmJ ><O55 Pnone (91B)G6SJG00 iM1m¢(9 ]BI J >�`+391 EmrA: prrebiQmcaaccrom er n.va _ Lpco(ion Map SWGVnbn S�s:hnu; Le9enG: emu. wwv.[fa ussucr Nonumenb:bn.� Bash alcaea:inp; Bv�Hnmaek n inLlo MHmT i — �e env flpakoGMSilan LnmOxs =smrzr.�un- wr xnwnn_!^S.lE�r:��wyt5mer4Y.:{� eel urn.tw��a1 roarm.n w.rnr. T. secr�a +ri.e.ranre...E.r.o�a. *io.. a.urro.Enr...o sevcaenir. a o. o...r a.H.. .rn.w,.._....w.mo�.....,�..w.nt ex_ c.. ..n,.W..,..,.2a,r.�re..,A...a.I rt Draft Final Plat #1 Rejoice Christian Campus o o.aro, Ill =oLJTMCS1.0 TTFRtr°r..o=.ECT*"S.a;Ol, ,r;;oar. EP,FEl. ov a o D.lT .,:ar, C1 OF u�oecaimsrm. c<.�ws ZONED OM- OFFICE MEDIUM DISTRICT =smrzr.�un- wr xnwnn_!^S.lE�r:��wyt5mer4Y.:{� eel urn.tw��a1 roarm.n w.rnr. T. secr�a +ri.e.ranre...E.r.o�a. *io.. a.urro.Enr...o sevcaenir. a o. o...r a.H.. .rn.w,.._....w.mo�.....,�..w.nt ex_ c.. ..n,.W..,..,.2a,r.�re..,A...a.I rt 0.oI�oCMSJrn Campue Draft Final Plat #1 Rejoice Christian Campus ay.�a<c awn�w. a +.we c =anF��meor rva�er ZONED OM- OFFICE MEDIUM DISTRICT 0.oI�oCMSJrn Campue O—T city Wit out Limits. TO: The Honorable Mayor and City Council PROM: Bronce L. Stephenson Jurisdiction Director of Community Development SUBJECT: Plat Vacation - The Sevens DATE: October 10, 2014 BACKGROUND: The City of Owasso received applications for a plat vacation of a Commercial plat called The Sevens. The property is located on the east side of N Garnett Rd, just south of Smith Farms commercial development. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North CS (Commercial Shopping) Commercial Commercial Owasso South CS (Commercial Shopping) Commercial Commercial Tulsa County East AG (Agricultural) US -169 Commercial Owasso West CS (Commercial Shopping) Commercial Commercial Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 7.49 acres Current Zonin CG Commercial General Proposed Use Residential Single Family Lots /Blocks 5/2 Number of Reserve Areas ` None Within PUD? _.,Expired Within Overlay' District? r US -169 Overlay Water Provider OPWA Applicable Pa backs Storm siren fee of $35 /acre Streets (public or private) N/A ANALYSIS: The applicant requests vacation of the existing plat "The Sevens." The applicant is simply vacating the existing plat in order to re -plat the subject property with fewer lots. The original Sevens plat consisted of five lots and two reserve areas, with the intention of selling the lots to individual commercial developers. One of the lots was intended to be to location of a future hotel. There is now a single commercial development that wishes to combine the lots to allow for one larger parcel, with a smaller lot kept for the hotel. The vacated plat area will be subsequently re- platted as the new Sevens plat, so there will be no lapse in the property being platted. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on October 13, 2014. ATTACHMENTS: Area Map Aerial Map Plat - The Sevens Plat Vacation Form Sevens ' rfrr'�� 1" = 376 ft Replat 10/06/2014 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date Information. Sevens 1" = 376 ft Re plat 10/06/2014 s This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date information. I J Ow 11, a 1-1M 1. � f —� I I I I ' I Im V; I b I � I I FINAL PLAT OF THE SEVENS A PART OF THE SW /4 OF SECTION 20, T21N—R14E, LM., OWASSO, TULSA COUNTY, OKLAHOMA T Ft pG� G 0.!A tl• ?0:✓` 98B'41'tl9'C 613.3' 20L9fi ]8695' e/ v?e Tiusa ua 1. m EF�ti /D , & /E f se o. pun NU[ /u. PI LN', �G ct I J Ow 11, a 1-1M 1. � f —� I I I I ' I Im V; I b I � I I FINAL PLAT OF THE SEVENS A PART OF THE SW /4 OF SECTION 20, T21N—R14E, LM., OWASSO, TULSA COUNTY, OKLAHOMA T Ft pG� G 0.!A tl• ?0:✓` 98B'41'tl9'C 613.3' 20L9fi ]8695' e/ v?e Tiusa ua 1. m I � Ie.aJ I le ^I on.oRS / Ia 0 =1 xsPAW / Ail r I L YayvA 1 52 __ 2 1E� troejON LINE TABLE 'CENTERLINE; mrvxEa vumxc msl.wa I E�3 6""?: 12Yf NE TABLE IWTSI LI�N�Yrs.c osMaxrc U R3] Jl9 [ F 211 u sn se xiw t5 0, ]Sl F Sao CUM TABLE (LEGAL! 111771 TAPIR IfFNll Ll LNFI 'T \ Lm T 7 Y Sir \`v �w I -T a1-11-C rmm _OCAT�(I— a 3 z, S r . Legal Description ..... M, r ac�/ti.�snsl.l., N"- '..`s..y ww yrc uc 111.1, T-41 � a ; e sim�mt It" I It n l .0.t,oa° �ecervu. 86.1 oemwc 1,m1l1 M nuns. 1.I LxA t1i'll M 1-:11 5 1. "19W Pix brt mm.. uzatixT a lalm Iar6; P,. v! Wn1xNi zasums ar It Lwanc n/( M1. V(A4ullr • LAa hVLCAYnµT C/. 0 i taEn Sm, /D & /E / c3 SEVENS A _ ct 4R\ �CCE 12B9S 539' - yy. _ _gzn 4tl6� � CO - SP19'29T IZ92 606] I � Ie.aJ I le ^I on.oRS / Ia 0 =1 xsPAW / Ail r I L YayvA 1 52 __ 2 1E� troejON LINE TABLE 'CENTERLINE; mrvxEa vumxc msl.wa I E�3 6""?: 12Yf NE TABLE IWTSI LI�N�Yrs.c osMaxrc U R3] Jl9 [ F 211 u sn se xiw t5 0, ]Sl F Sao CUM TABLE (LEGAL! 111771 TAPIR IfFNll Ll LNFI 'T \ Lm T 7 Y Sir \`v �w I -T a1-11-C rmm _OCAT�(I— a 3 z, S r . Legal Description ..... M, r ac�/ti.�snsl.l., N"- '..`s..y ww yrc uc 111.1, T-41 � a ; e sim�mt It" I It n l .0.t,oa° �ecervu. 86.1 oemwc 1,m1l1 M nuns. 1.I LxA t1i'll M 1-:11 5 1. "19W Pix brt mm.. uzatixT a lalm Iar6; P,. v! Wn1xNi zasums ar It Lwanc n/( M1. V(A4ullr • LAa hVLCAYnµT C/. 0 i taEn Sm, / LINE TABLE 'CENTERLINE; mrvxEa vumxc msl.wa I E�3 6""?: 12Yf NE TABLE IWTSI LI�N�Yrs.c osMaxrc U R3] Jl9 [ F 211 u sn se xiw t5 0, ]Sl F Sao CUM TABLE (LEGAL! 111771 TAPIR IfFNll Ll LNFI 'T \ Lm T 7 Y Sir \`v �w I -T a1-11-C rmm _OCAT�(I— a 3 z, S r . Legal Description ..... M, r ac�/ti.�snsl.l., N"- '..`s..y ww yrc uc 111.1, T-41 � a ; e sim�mt It" I It n l .0.t,oa° �ecervu. 86.1 oemwc 1,m1l1 M nuns. 1.I LxA t1i'll M 1-:11 5 1. "19W Pix brt mm.. uzatixT a lalm Iar6; P,. v! Wn1xNi zasums ar It Lwanc n/( M1. V(A4ullr • LAa hVLCAYnµT C/. 0 i taEn Sm, CUM TABLE (LEGAL! 111771 TAPIR IfFNll Ll LNFI 'T \ Lm T 7 Y Sir \`v �w I -T a1-11-C rmm _OCAT�(I— a 3 z, S r . Legal Description ..... M, r ac�/ti.�snsl.l., N"- '..`s..y ww yrc uc 111.1, T-41 � a ; e sim�mt It" I It n l .0.t,oa° �ecervu. 86.1 oemwc 1,m1l1 M nuns. 1.I LxA t1i'll M 1-:11 5 1. "19W Pix brt mm.. uzatixT a lalm Iar6; P,. v! Wn1xNi zasums ar It Lwanc n/( M1. V(A4ullr • LAa hVLCAYnµT C/. 0 i taEn Sm, -T a1-11-C rmm _OCAT�(I— a 3 z, S r . Legal Description ..... M, r ac�/ti.�snsl.l., N"- '..`s..y ww yrc uc 111.1, T-41 � a ; e sim�mt It" I It n l .0.t,oa° �ecervu. 86.1 oemwc 1,m1l1 M nuns. 1.I LxA t1i'll M 1-:11 5 1. "19W Pix brt mm.. uzatixT a lalm Iar6; P,. v! Wn1xNi zasums ar It Lwanc n/( M1. V(A4ullr • LAa hVLCAYnµT C/. 0 i taEn Sm, Sm, VACATION OF PLAT AND TERNIINATION OF DEED OF DEDICATION OF THE SEVENS [PLAT NO. 62671 THIS VACATION OF PLAT AND TERMINATION OF DEED OF DEDICATION AND RESTRICTIVE COVENANTS of THE SEVENS, PLAT NO. 6267 [ "Vacation'] is dated this day of 2014. WHEREAS the Plat and Deed of Dedication of THE SEVENS was recorded in the office of the Tulsa County Clerk as Plat No. 6267 on February 3, 2009, and WHEREAS the undersigned Shanta Hotel, LLC, an Oklahoma limited liability company, Shiv Inn, LLC, an Oklahoma limited liability company, successor by conversion to Shiv Inn, Inc,, an Oklahoma corporation, and S & B Hotel, LLC, an Oklahoma limited liability company, are the sole and only owners of all of the land included in the Plat of THE SEVENS, none of the lots having been sold or conveyed to any other party, and WHEREAS it is in the best interests of the owner of the property affected thereby to vacate all of the Plat of THE SEVENS, as provided below in order to allow the subject land to be re- platted in accordance with the terms of a new plat to be named THE SEVENS RE -PLAT, City of Owasso, Tulsa County, Oklahoma. NOW, THEREFORE pursuant to 110.5.2001 §42- 106, the undersigned, being the owners of all of the land situated in THE SEVENS hereby vacate the Plat and Deed of Dedication of said THE SEVENS recorded in the office of the Tulsa County Clerk as Plat No. 6267. FURTHER, this instrument terminates and vacates all of the building and use restrictive covenants, setback lines, and easements provided for in the Deed of Dedication recorded with Plat No. 6267. Attached hereto and incorporated by reference is the Affidavit of Tulsa Abstract and Title Company showing the ownership of the lots that comprise THE SEVENS. The undersigned have executed this instrument the day and year first above written to be effective as of the date of recording'of the plat of THE SEVENS RE -PLAT. SHANTA HOTEL, LLC, an Oklahoma limited liability company, Name: DHIRENDRA L. BHAKTA Title: Manager Page I STATE OF OKLAHOMA ) ) ss COUNTY OF j2W IYfA ) This instrument was acknowledged before me, a Notary Public, on this .� , day of October, 2014, by DHIRENDRA BHAKTA as Manager of Shanta Hotel, LLC, an Oklahoma limited liability company. A NOTARY PUBLIC My commission expires: / _ Corninissiw Nqr-©- �0 5 a 9 SeP7 �~y\ DEBORAH GOSS i Notary Public / State of Oklahoma 1 Commisaian � 040D6293 Expires 06!'t4lt6 , _________ SHIV INN, LLC, an Oklahoma limited liability company, Successor by Conversion to SHIV INN, INC., an Oklahoma corporation, By: ���- ---- -- Name: CHAMPAK PATEL Title: Manager STATE OF 0Kjajn0M ) ) ss COUNTY OF Okld4�rm a) This instrument was acknowledged before me, a Notary Public, on this q�l" day of October, 2014, by CHAMPAK PATEL as Manager of SHIV INN, LLC, an Oklahoma limited liability company, Successor by Conversion to SHIV INN, INC., an Oklahoma corporation. NOT PUBLIC My commission expires. oars'"% �° `� Commission No. 1000 y iQW (0 010004 e1 ELF. oums aS OtoJC�l�l4's �9 P Gape Page 2 S & B HOTEL, LLC, an Oklahoma limited liability company, By: C Name: CHAMP ATEL \ Title: Manager STATE OFQLA12(�nyy � ) ) ss COUNTY OF pLlQl'19mGt ) This instrument was acknowledged before me, a Notary Public, on this I:r" - day of October, 2014, by CHAMPAK PATEL as Manager of S & B HOTEL, LLC, an Oklahoma limited liability company. My commission expires: .ts'� y r �oawaee ,� os. osvone �. 9J� aVgUO a0 OF OKJ Page 3 t i k.� _ ,• Commission No. J00044koto10 On this day of 2014, the Owasso Planning Commission expressly acknowledges, consents and approves of the Vacation of Plat and Termination of Deed of Dedication of THE SEVENS, Plat No. 6267. CHAIRMAN On this day of , 2014, the City of Owasso, Oklahoma, a municipal corporation, expressly acknowledges, consents and approves of the Vacation of Plat and Termination of Deed of Dedication of THE SEVENS, Plat No. 6267. Chairman of the Council Approved this day of 2014, 0 Mayor (Seal) ATTEST: City Clerk APPROVED: City Attorney Page 4 O—T Gity Wit lout Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Re- plat /Final Plat - The Sevens DATE: October 10, 2014 BACKGROUND: The City of Owasso received for review and approval a re- plat /final plat for a commercial development site called The Sevens. The property is located south of the Smith Farm development on N Garnett Rd. SURROUNDING ZONING: Direction Zoning Use and Use Plan Jurisdiction North CS (Commercial Commercial Commercial Owasso Within PUD? '` Shopping) Within Overlay District? ` US -169 Overlay Water Provider South CS (Commercial Commercial Commercial Tulsa County Shopping) East AG (Agricultural) US -169 Commercial Owasso West CS (Commercial Commercial Commercial Owasso Shopping) SUBJECT PROPERTY /PROJECT DATA: ..Property Size 7.49 acres Current Zoning CG Commercial General Proposed Use - Residential Single Family Lots/Blocks 2/1 Number of Reserve Areas ` None Within PUD? '` Expired Within Overlay District? ` US -169 Overlay Water Provider OPWA Applicable Pa backs Storm siren fee of 35 /acre Streets (public or p private) ' N/A ANALYSIS: An application has been submitted for a re- plat /final plat of The Sevens, a commercial plat that has been approved but never developed. The original concept of the Sevens was to create a commercial plat that offered a number of building lots for commercial businesses and a lot for a hotel of the southwest corner along Garnett. The property never developed and now a commercial tenant has proposed to combine all the lots for a single user. The lot of the proposed hotel will remain, but the rest of the lots will become one lot. A re -plat will simply approve a new layout of the lots, but will keep the dedications made in the original plat. Access will be provided to the property through two entrances along N Garnett Rd, with the main entrance aligning with E 19th St N, where a new traffic light will be proposed. A PUD was originally approved on the project, but under the old PUD rules in the zoning code, the PUD expired and is now null and void. The plat will consist of two (2) lots in one (1) block and will retain the name The Sevens. There will be no public streets on the site. Perimeter utility easements will provide for needed utility connections upon development of the property. A fire access easement will be provided at the northeast corner of the site, providing an emergency connection point from the subject property to the adjacent hotel. A 'crash' gate will be placed in this area to only allow emergency access. 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. This property does fall within the US -169 Overlay and will have to be designed to meet these requirements. The property is served water by Owasso water, sanitary sewer, police, fire, and EMS service. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. In a regional context, this proposed addition is in conformance with the Owasso 2030 Land Use Master Plan, as the area is shown for commercial uses. TECHNICAL ADVISORY COMMITTEE: The Final Plat for The Sevens Re -plat was reviewed by the Owasso Technical Advisory Committee at their regularly scheduled meeting held September 24, 2014. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The applicant has addressed all TAC comments. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on October 13, 2014. ATTACHMENTS: Area Map Aerial Map Final Plat - The Sevens Sevens q a• :„ . 1" = 376 ft Replat 10/06/2014 �s This map represents a visual display of related geographic Information. Data provided hereon is not a guarantee of actual field conditions. To be sure ofcomplete accuracy. please contact Owasso staff for the most up-to-date information. Sevens 1" = 376 ft Replat 10/06/2014 " � This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information. OVIN EN'9 C EATIFICAif ANO OED ICAI l W n4rlamxc m.mu.. .xYrxxw(. W. ,s are «A.1°m(`x: vuumirtrA.rxx YW4rWI1lY< �u�rMiuw+AµuuNN)NUM NAS[N WV I u�M�MMUx�baNwi imu,�.JUU VN�_i.e•'�.aim� w. i`:.`.n . .ert..am +x°°•`.a..�:..:..,Jx.x_. wl;rw �."r`� 'i„ W.,..�.W'a r-M .x(.r,ar.W�,N,N.w.xrww,.•r,m,. IfN05U(iVEY011'SCB{11FICATE ,�.� „W..._ J.x«n(wrr�rvnw ��w((rrtc�l WW�vM =xwrr1 n.+r uum�.I w. ur a OxA4 Wi. rwW J” w orvum rwy (..wen LEO DESCRIIRION o neat✓ yrr' �< �µG «M1�iuMr�.4ttlal4KgvarrfiW4.uT. aW"QM3a nMrwurtl ,w� m`;�i.INwM1nnJrrwnar vnG Jviu;uurm'x..Y,werruNxe ruv. CURVETABLE convey uxmx Iueus oxu nl0eownmlox a.D.MW < \<.41' 4)f41v ba`1 6)1'i)'OSW S1C41'))vl 161. t1 TSJMV Yli'SS'SIW t19tY urc ummwD.um RE -PLAT OP THE SEVENS �= w APA PART THE SW OF SECTION 20 T21N R14E I.M. 3 �)� R 4 F' OWAS50, TULSA COUNTY, OKLAHOMA E ^°1 �"' _ —c3 4 uusartmnuax wnoniAUa- uonmrw 14FSi1WFMSW /i3[<10.4I1 K.f1F41IA NCIMNMSP OWISSGNISAf0UN1Y ,=y =rye S,I, bljtQd aaARK" .,:n1:T(IN VIrw 00000 wn<.i xmorr eomgllrwwrn;• eme<a Seaxi<xI<la 61r �Nper =b aly Oxnk [ = =e S.melw'= sun =1ra�. NOmry N E MCTON'SCERTRICJiE BB D OAOST awrxruNw( w.r. Nr"....,.,. x,. w,x,.rr..i..«....xN..,..nm_n•rJ COUNTYTRF URER'SCERTIFMATE 4 (. ryrwywrNww(+/a -nr. (,wurYirvf T un xnAr(.iwu �w�w w anµwiw^."�r'x'ur°.i NuaY ueu mxnJ, wr +wn��n .IYUawr.u.x,r,n �awxoww� =navxrwr�x.e,xm wuu.nJU Want ACCEP TMCE 0 F DEDICATION OE CRY COUNCL ur nwvrt(uu y ryw(�wwp in��.W nvMOUM1w� CERTIFICAI F. OF CITT CIFNK �q uA J 4 (I rt J axAtlp LAn.I mLW ai i u.".nr�m'4 �,,y� u uwwraw'.`.i.0 Y•aJ"` -- M^W1++ W uunm..0 wMU"riMn�w� Ya Nom . rutalvnrtyxn ,NODUawuwruNYAVwairwrNw[arnum .rnrraix Ioo ow,Yiu�n rvN�« 4�( �wrnUSM (Nmr�+rOtir(wivnurmr��u(aaex — �F II �> +I I ' / 1Ei I I `1 / A 1. 730MUV =: wanven / / .,:n1:T(IN VIrw 00000 wn<.i xmorr eomgllrwwrn;• eme<a Seaxi<xI<la 61r �Nper =b aly Oxnk [ = =e S.melw'= sun =1ra�. NOmry N E MCTON'SCERTRICJiE BB D OAOST awrxruNw( w.r. Nr"....,.,. x,. w,x,.rr..i..«....xN..,..nm_n•rJ COUNTYTRF URER'SCERTIFMATE 4 (. ryrwywrNww(+/a -nr. (,wurYirvf T un xnAr(.iwu �w�w w anµwiw^."�r'x'ur°.i NuaY ueu mxnJ, wr +wn��n .IYUawr.u.x,r,n �awxoww� =navxrwr�x.e,xm wuu.nJU Want ACCEP TMCE 0 F DEDICATION OE CRY COUNCL ur nwvrt(uu y ryw(�wwp in��.W nvMOUM1w� CERTIFICAI F. OF CITT CIFNK �q uA J 4 (I rt J axAtlp LAn.I mLW ai i u.".nr�m'4 �,,y� u uwwraw'.`.i.0 Y•aJ"` -- M^W1++ W uunm..0 wMU"riMn�w� Ya Nom . rutalvnrtyxn ,NODUawuwruNYAVwairwrNw[arnum .rnrraix Ioo ow,Yiu�n rvN�« 4�( �wrnUSM (Nmr�+rOtir(wivnurmr��u(aaex T Wit out Li mils. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Final Plat - Lake Valley V, Phase II DATE: October 10, 2014 BACKGROUND: The City of Owasso received for review and approval a final plat for Lake Valley V, Phase II. The property is located north of the existing Lake Valley neighborhood on the east side of N 145th E Avenue, approximately 1/2 mile north of E 106th St North. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 Single Family Residential Owasso Within PUD? + OPUD 08 -01 Residential, No Water Provider Washington County Rural #3 Applicable Paybacks Single Family Streets' (public or private) ' " Public South RS -3 (OPUD 08 -01) Residential, Lake Valley Residential Owasso &II Single Family East RS -40 Residential, Residential Rogers Chestnut County Farms Estates West RS -3 Single Family Residential Owasso OPUD 08-1)/AG Residential SUBJECT PROPERTY /PROJECT DATA: Property Size 15.55 acres Current Zoning RS -3 OPUD 08 -01 -Proposed Use Residential Single Family Lots /Blocks 82/4 Number of Reserve Areas 1 Within PUD? + Yes, OPUD 08 -01 Within Overlay District? i No Water Provider Washington County Rural #3 Applicable Paybacks Storm siren fee of $35 /acre, Elm Creek Sewer Payback of 1,580 /acre Streets' (public or private) ' " Public ANALYSIS: The applicant is requesting the review and approval of the final plat consisting of eighty -two (82) lots in four (4) blocks in order to construct single family homes as part of the Lake Valley development. The use of the property is governed by PUD 08 -01, which allows single family homes on lot sizes averaging 5,500 to 6,000 SF in size. The property adjoins Chestnut Farms Estates to the east, which is comprised of 2.5 acre home sites in Rogers County and existing Lake Valley V, Phase I to the south and west. The proposed final plat provides a reserve area on the west side of the property between lots 1 1 and 12 in Block 2 which will serve as a stormwater detention and drainage facility. 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. The property is subject to all platting fees which include the Elm Creek Sewer interceptor payback at $1,580 per acre and storm siren fee at $35 per acre. The property is served water by Washington County Rural Water District #3, and Owasso sanitary sewer, police, fire, and EMS service. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. All of the lots meet all of the bulk area requirements of PUD 08 -01. In a regional context, this proposed addition is in conformance with the Owasso 2030 Land Use Master Plan, as the area is shown for residential uses. TECHNICAL ADVISORY COMMITTEE: The Final Plat for Lake Valley V, Phase II was reviewed by the Owasso Technical Advisory Committee at their regularly scheduled meeting held August 27, 2014. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The applicant has addressed all TAC comments. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on September 8, 2014 and voted unanimously to recommend approval of the Final Plat with the added condition that a letter be provided by the applicant stating that all local, State and Federal environmental requirements have and will be met for the development of the property. CITY COUNCIL WORKSESSION DISCUSSION: This item was discussed at the Council work session on September 9, 2014. The discussion was related to concerns over known gas seepage at a separate area of the Lake Valley subdivision, located approximately '' /z mile south of the location of the proposed Lake Valley V, Phase II. The Council expressed concern over allowing the development of a new phase of the neighborhood when the existing gas leakage extents were unknown and had not been fully remediated. Research had shown that there were multiple natural gas wells in the vicinity of the Lake Valley neighborhood that all had been capped in accordance with Oklahoma Corporation Commission (OCC) standards, with records showing compliance with said regulations. OCC has been to the site of the leakage, which appears to be unrelated to any known well, and their testing has been inconclusive to this point. Their tests have shown that there is no additional gas seepage in or around the surrounding area, leading to the assumption that this is an isolated event. The Council asked that staff work with the developer to obtain additional confirmation that the development of a future phase of Lake Valley would not exacerbate the existing gas leakage. The developer has contracted additional testing in the area of the proposed new phase. At this point, staff has found no evidence of gas seepage in the area of the proposed development and has no indications that development of the subject area will exacerbate any existing issues. RECOMMENDATION: Staff recommends approval of the Final Plat for Lake Valley V, Phase II ATTACHMENTS: Area Map Final Plat - Lake Valley V, Phase II Gas Survey of Lake Valley V, Phase II Lake Valley V - Phase 2 � 11111111 s 111111 ♦��♦ ♦�����.�., fit• i�.�.�.�.�.��f�.�.�.�U� NEI �� 1 11111111 C � IIIIIIIIIII _� .J ` 1111 C MEN�• Illry►� Illliflllll� °iiiin =I I X111 � ♦, � a 111111 , I,i� ���. A ,.. � fll •,, lit 1111= 09/04/2014 This related please .... Planned Unit Development No. OPUD 0801 DEVELOPER .5, 810 Awl? I I w 1 20 Lake IMI, mlvsemm G.1, LL .C., K.cers Police, Man .N. ri, Lake Valley V - Phase 2 M-1 (Block 2; Lots 11 the 22, Block 4; Lots 2 Hum 11, Block 5; Lots 6 me 43, Block 6T Lois I then 22) A Subdivision in the City of Owasso, being a pan of the W/2 of the NW/4 of 0 Section 10,Township2l North, Range 14 East ofthe Indian Meridian, ENGINEER / SURVEYOR Ragern, County, State of Oklahoma 1 1; J, RZ Tvls. Elpes.", & Pervir, Alsocotel, I.. 21 scs.1-1.1�­1 se T—=— 111. Legend ho'cl 11311� 'Vorill Monument Notes kk [n—d Lo' _ Mannino e Location Map Basis of Bearings 1-1 12' v 0 � c, If Benchmark Q, rase 11211? /'/ace, Vorll? v I Is Basilica, Presenter Velve 5%o 1 u Lot Addresses Line Table s I Milli 17 ip 1.5 Curve Table z sit, s. 6 n 111111 Coliff jvor,12 4? 1 ym Ce p 1 ilv 1 z _ A . =s 8i �� �"'�. L c'mn's,'s ptft,NTAPPmOVAE re re I, DEED of DmicxrloN l-ake Valley V - Phase 2 ,.-, Vb. <c al � x rmKK nau>ra'l. Uv , +h +.�n.'r Unaa<n .n Rrt.Nn.MClan.row...CVr� N/ Nr Nry' W N P„ ur l�vrq � qPM uqn no- , N Y ) n. ev P h:n xo-c,+v.dv, c usp m -wW oumrm w ue M rs d f o- qar ES11"'M 001-11,=R 120E v m) u ie , .n v. .v v=.wan. 5n. rn.v xc,vrvf f t wp grti"WK xr P sevvtiY: ,t s iwru,o jm tv o.e amumvavry ..W nns �xxNN:s+v%rwo.e'+us rctxRUrtx Pwi mrcv. mL�:scre'm'.el �nMwrn ts rsA en e ruw u %o,s — n�kc \ alley \ (ha v 2 �dm au ,n rc nµ Smm ,. RwaucvN ' ryEVmm ^fMYMx ,vn.xe Wa,xaw xucu,:,. taK.¢v TO i' tiixnxnn:,vrott avw x,<:m.+nrcvv'.(nmrrxuv.n ad aa,r',Y re.'x xm+c�i+n nv. f:<yn .nvN.E UNIF Vr 06 .m,:ar<.en:furyua CMd'ha,mu.rw vvfvnr'rt:faY'mimxry.. -a evm+ax'en,+ PM�£]'.ecn.nam.,rw LVY a'1NV,vvGn,ry.a ev(&a.,. nr.nn on nr. +:-n a+..az ue J .'T'r. v• t1y '"' .�Kry Mi,A Nwr, gnvmmo,.0 6, �tK ox.:r LbnN 5n'.. um. I ,ma nlnv vn va..va e.s' vw.M r vH !vvrc a4.e.brturnnnxv w. .i mW w nYw^.v n,+Mn rcq+ .0 vw.P 0.vc.a v.. 5, ..- rr.'+r'4 r.z oe.5x rvmd ve M4AVW ec ua ydneww m�M'+ro-,m�4ren wawi m v mnvuNr.nr.. .r.m. VrW.w.]UN un.Vrv4l ORN(b4,. ma o.,sd N/ Nr Nry' W N P„ ur l�vrq � qPM uqn no- , N Y ) n. ev P h:n xo-c,+v.dv, c usp m -wW oumrm w ue M rs d f o- qar ES11"'M 001-11,=R 120E v m) u ie , .n v. .v v=.wan. 5n. rn.v xc,vrvf f t wp grti"WK xr P sevvtiY: ,t s iwru,o jm tv o.e amumvavry ..W nns �xxNN:s+v%rwo.e'+us rctxRUrtx Pwi mrcv. mL�:scre'm'.el �nMwrn ts rsA en e ruw u %o,s — n�kc \ alley \ (ha v 2 October 9, 2014 Mayor Jeri Moberly City of Owasso Owasso, OK 74055 Re: Lake Valley V Phase II Lake Valley Investment Group, L.L.C., the owners of Lake Valley V Phase II, engaged the services of Heath Consultants Incorporated, a bonded and certified company whose services are utilized by Oklahoma Natural Gas, to test and inspect the above - referenced property for any evidence of methane gas leaks. Their field testing was performed on October 3, 2014. Their inspection and test results indicated no underground or above ground leaks. A copy of their Resume Report is attached for your reference. Please advise if you have any questions or comments regarding this information. Kind Regards, LAKE VALLEY INVESTMENT GROUP, L.L.C., B Y David E. Charney, Managing Partn r Bc: Bronce Stephenson 12150 FAST NINFFY SISI IFI S'rREEI NORFII - SUITE 200 � OWASSO • OKLAI IONIA , 74055 -['If 918' 2 ) 3282 • PV 91S 2i2 0216 Gas Leak Control Survey For: Lake Valley Investment Group LLC Owasso, OK 2014 Lake Valley Investment Group LLC Attn: Mr. Brian Doyle 12150 East 96'" North #200 Owasso, OK 74055 Heath Consultants Incorporated OCTOBER 9, 2014 Brian Doyle Lake Valley Investment Group LLC 12150 East 96" North #200 Owasso, OK 74055 Mr. Brian Doyle: This is the final report of the results obtained during the work conducted by Heath Consultants, Inc. The leak survey for Lake Valley Investment Group LLC consisted of doing a complete survey of the entire areas within the boundaries of Lake Valley 5 phase 2. The survey was conducted using the Remote Methane Leak Detectors and was a walking survey that covered all areas — there were no leaks found. Please contact us if you should have any questions or comments regarding the survey or the report. We appreciate the opportunity to be of service to you and look forward to serving you again in the near future. Respectfully, Kristan Withers Division Administration Manager cc: Division 43 File Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061 -5229 Phone: (713) 844 -1300 a Fax: (713) 844 -1309 Resume Heath Consultants Weekly Resume Technician CNhR ke f A. I r, U; Client )gXe 2h,( er =NtlefTn)EA 61DOI Location p u1 d ti i x - Date Town Miles /Feet Services /p/2- 1 D Weekly Total N119 Previous Total Total to Date Calibration Verified ('W' one box) S/N or AIN Date Fl / RMLD YES X NO 7116 0 f Z l P/ � CGI DVlf YES X NO % ( /gl3zi oE'Z /ol3 Signature I I`HEATH CONSULTANTS Order Number Week Ending inderground Leaks Above Ground Leaks Total 3 Total Other Hours 1 E T 2 3 e ry i11 � r i M �o�7�t�to %{/rlU fwR(fey `I i a The City Wil out Limits. TO: The Honorable Mayor and City Council FROM: Karl Fritschen Jurisdiction Chief Urban and Long Range Planner SUBJECT: Final Plat - K -MAC DATE: October 10, 2014 BACKGROUND: The City of Owasso received an application for review and approval of a final plat for the K- MAC Development. The subject property is located immediately west of the existing McDonalds at 1 16th St N and N 1351h E Ave. The zoning on the property is Commercial Shopping (CS) and the applicant proposes to develop the property for a restaurant use. SURROUNDING ZONING AND LAND USE: Direction Z Use Land Use Plan Jurisdiction Restaurant CS CS 1 lot in 1 block Number of Reserve Areas N/A North (Commercial Undeveloped Commercial City of --.....Shopping) Applicable Pa backs I Storm siren fee of 35 /acre Streets (public or 'private) Owasso CS South (Commercial Restaurant Commercial City of Shopping) (Sonic) Owasso CS East (Commercial Restaurant Commercial City of Shopping) (McDonalds) Owasso CS West (Commercial Undeveloped Commercial City of Shopping) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 0.895 acres Current Zoning CS - Commercial Shop in Proposed Use Restaurant Lots /Blocks 1 lot in 1 block Number of Reserve Areas N/A Within PUD? PUD 05 -02 Within Overlay District ? Yes, US -169 Overlay Water Provider Washington County Rural #3 Applicable Pa backs I Storm siren fee of 35 /acre Streets (public or 'private) N/A ANALYSIS: The final plat for K -MAC provides a lot for the development of a restaurant facility located just west of the existing McDonolds restaurant facility located at 1 16th St N and 1351h E Ave. The plat shows one lot on one block on a 0.895 acre tract with access to 116th St. N. taken from a joint access drive to be recorded by separate instrument on the property to the west. This access point will align the entrance with the west entrance in the Garrett Creek Shopping center adjacent to the Sonic Restaurant. Therefore, the K -MAC lot will not have an internal access point connecting to 116th St North. The joint access drive will actually serve to consolidate access at one location that is perpendicular to an existing drive to the south, which is more desirable from a safety and traffic flow perspective. Perimeter and interior utility easements will provide utility companies adequate access to provide service and maintain service to the proposed development. The City of Owasso will provide sanitary sewer service. 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. Any site plan submitted on the subject parcel shall adhere to the requirements of the US -169 Overlay and those outlined in OPUD 05 -02. This proposed addition is in conformance with the Owasso 2030 Land Use Master Plan, as the area is shown for commercial uses. TECHNICAL ADVISORY COMMITTEE The Technical Advisory Committee (TAC) reviewed the final plat for K -MAC at their regularly scheduled meeting on September 24, 2014. All TAC comments have been addressed by the applicant. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on October 13, 2014, ATTACHMENTS: Area Map Aerial Map Final Plat, K -MAC K -MAC Addition I i Subject Pro erty McDonalds Sonic 'r /\ ays V - -- �� �e ll I• 1 � I I 40. IT ES 1000 ft 1" = 752 it Final Plat 10/0612014 This map represents a visual display of related geographic Information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date information. K -MAC 1" = 752 ft Final Plat 10/06/2014 } - This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date Information. TASD PIT AA IF Subdivision Plat K -MAC OWASSO A pan of the SNV/4 of Section 4, T -21 -N, R -14 -E, of the LB. & M, City of Owasso. Tulsa County- Since of Oklahoma. Addition has 1 Lot in 1 Block and contains 0.895 acres, more or less. Zoned CS (OYUD 05 102) �EE� 51 i_YOA_ N BXIV']a L c1w 1/ n BA- 1m1a — sn !/n'11 .enru+l lvt�� I; Lor r q FLOCK I FIrxt SE.. Surveying k Lonp Se—, Inc. oa. 10)e m -OCl theme )nOSS F. l., ]]a 903 R " E in51 TISIP[c, l,l"I Az 5 + Y _T �{" Q (YY &QJrOBnS) 1/ E—II U] L IIL r tnv now sx¢, nvxm I LOc.tiOn MOP F,N'NEN _IHVLLOYf.N r K -MAC EFW,,p ¢as, Inc s� IA 1e`o [ 5 e. ss a 6 519 P ( ) 1.1 51 i_YOA_ N BXIV']a L c1w 1/ n BA- 1m1a — sn !/n'11 .enru+l lvt�� I; Lor r q FLOCK I FIrxt SE.. Surveying k Lonp Se—, Inc. oa. 10)e m -OCl theme )nOSS F. l., ]]a 903 ..l—al � I „taiF 5009 Sa c 5 BMII Jf� I 0 .E, lvae lfrti+ [OUNY Rl�_el� �! L _J East 116th Street North SIDEWALK NOTE ___:NCINI3R K,loury Engln Ing c. Tai u ry 1EAEO "I'll" —As. 1 n LEGEND. vs III 111F,,Ol rt N ant[ - x[S [ [0 ­111 111E [!Y [in .A II F nA, I'leS: NE .. - - x.¢AME( 1I, PCIT-0—ly FLATS I I.T ENT NOTES: I.. 111 , 1 . , .111.1[ GIMDPLNNNOTE. [ E 1m11CJ11e+ L011, 11 1. DATUM 1cn.. ]wi gmxema no,in e91 ,isolT K -MAC ON4Smsud;i¢o rx,. aSMUT �{" Q (YY &QJrOBnS) U] L r I r s� ..l—al � I „taiF 5009 Sa c 5 BMII Jf� I 0 .E, lvae lfrti+ [OUNY Rl�_el� �! L _J East 116th Street North SIDEWALK NOTE ___:NCINI3R K,loury Engln Ing c. Tai u ry 1EAEO "I'll" —As. 1 n LEGEND. vs III 111F,,Ol rt N ant[ - x[S [ [0 ­111 111E [!Y [in .A II F nA, I'leS: NE .. - - x.¢AME( 1I, PCIT-0—ly FLATS I I.T ENT NOTES: I.. 111 , 1 . , .111.1[ GIMDPLNNNOTE. [ E 1m11CJ11e+ L011, 11 1. DATUM 1cn.. ]wi gmxema no,in e91 ,isolT K -MAC ON4Smsud;i¢o rx,. aSMUT OCity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary SUBJECT: Endorsement of the Tulsa Regional Chamber of Commerce 2015 OneVoice Legislative Agenda DATE: October 10, 2014 BACKGROUND: The OneVoice legislative agenda is the regional advocacy effort lead by the Tulsa Regional Chamber. OneVoice includes more than 60 partners across the region, ranging from municipalities to chambers of commerce and community organizations as well as regional industry members. Through OneVoice, multiple task forces identify and prioritize key issues every year. In the summer, these issues were brought together at the Regional Legislative Summit, where attendees vote to define 10 state and 10 federal issues. These priorities are then shared with state legislators and members of Congress via the regional OneVoice legislative agenda, announced before state and federal sessions begin each year. The 2015 OneVoice Agenda has a wide array of focal points inclusive of both private and public interests. In preparation for the upcoming year, several members of the Owasso Chamber of Commerce and city staff were task force members and chairs for the individual committees. Once the committees reached a consensus the legislative summit was held wherein over 460 citizens, businesses, legislators, councilors, educators and community leaders met to determine 10 priorities for both the state and federal agendas. A vital part of the OneVoice process is the endorsement of the agenda by all community partners and local government entities affiliated and involved in the development of the agenda. Former Oklahoma State Representative and current Sr. Vice President of Government Affairs for the Tulsa Chamber, Skye McNiel, has requested, on behalf of the Tulsa Regional Chamber, that Owasso join in the endorsement of and advocacy for the 2015 OneVoice Legislative Agenda. The established 2015 State Priorities are: • Increase Education Funding • Diversify Municipal Revenue Sources • Build the Gilcrease Expressway • Expand Insure Oklahoma • Defend All Existing Road Funding • Preserve and Increase Funding for Health Care Services • Fund the Quick Action Closing Fund • Fund the OKPOP Museum • Support Funding for OCAST • Develop and Implement Robust Oklahoma Academic Standards The established 2015 Federal priorities are: • Arkansas River Corridor Project Implementation • Reauthorization of Federal Surface Transportation Programs • Increased Appropriations for the McClellan -Kerr Arkansas River Navigation System • Passage of the Marketplace Fairness Act • Address Critical Infrastructure Needs with Tulsa's Levee System • Continue and Expand Funding for Graduate Medical Education • Restore Full Funding for Federally Qualified Health Centers • Reauthorize the Elementary and Secondary Education Act & the Higher Education Act • Funding for an On -site Fuel Storage Facility at the Air National Guard Base Comprehensive Immigration Reform RECOMMENDATION: Staff intends to recommend approval of a Resolution endorsing the 2015 Tulsa Regional Chamber OneVoice Legislative Agenda. ATTACHMENTS: OneVoice Agenda Request for Endorsement of the 2015 OneVoice Legislative Agenda y��, `s ;ID'S • � 2015 OneVoice Legislative Agenda 2015 State Priorities • Preserve and Increase Education Funding Preserve existing funds and appropriate additional funds for education at all levels (K12, higher education, and career tech) to prepare and grow an educated and skilled workforce to meet the demands of a changing economy and address workforce shortages. Funding increases should specifically target: • Maximization of Higher Education return on investment in the form of economic and workforce development from an increased number of college graduates; the State of Oklahoma must empower Higher Education Institutions to achieve the Governor's Complete College America Goals, while maintaining maximum accessibility, efficiency and effectiveness in delivering a quality postsecondary education at reasonable and affordable tuition rates for Oklahoma students. • Increased budget allocation for targeted training expansions for high school students, adults and the current workforce tied to Oklahoma career paths and employers' needs for customized training and consulting. • Increased K -12 per pupil funding to add resources for interventions that support successful implementation of existing reforms, such as the Reading Sufficiency Act and the Teacher Effectiveness Initiative, recognizing that low socioeconomic, special needs and ELL students require extra supports. • Attraction, retention and support of highly effective teachers to address teacher shortages. • Development of robust college and career ready standards and comparable high quality and streamlined assessments. Diversify Municipal Revenue Sources Support legislative action to preserve and diversify sources of revenue available to municipalities, including through increased local control. Key initiatives in this effort include ensuring a level playing field between community retailers and remote /internet sellers in the collection of sales taxes and increasing the state apportionment for municipal roads and bridges. • Build the Gilcrease Expressway and Bridge Support the building of the Gilcrease Expressway and Bridge through any funding mechanism available in order to expedite this long overdue transportation system; a partnership with the City of Tulsa, Tulsa County, Oklahoma Department of Transportation, Oklahoma Turnpike Authority and tribal governments is strongly encouraged. 2015 OneVoice Legislative Agenda • Preserve and Expand Insure Oklahoma Support the preservation and expansion of Insure Oklahoma to extend health insurance coverage to over 120,000 uninsured Oklahomans using all available private, employer, state and federal funds. Creating a healthy workforce is paramount to an economically viable Oklahoma, and will alleviate cost shifting from uninsured residents that currently burdens employers, healthcare providers, and individual policy holders, as well as incentivize employers to make wellness investments and improve the health outcomes of employees. • Defend all Existing Road Funding Defend all existing road funding; prevent any diversion of monies; and support increased funding for transportation by developing an adequate, comprehensive funding strategy and financing plan to broaden the sources of funds and increase the total amount going to transportation statewide to support the Oklahoma Department of Transportation's Eight Year Plan. Support moving the remaining twenty -five percent of motor vehicle fees, which currently go into the state general revenue fund, to transportation priority areas which may include state highways, city and county roads and bridges, and public transit. • Preserve and Increase Funding for Health Care Services Preserve and increase state funding and leverage all federal matching dollars available to fund health care delivery and training programs at all levels. State and federal funds allocated towards health care spending represent a significant investment in the economic development of the State of Oklahoma, with the health care industry employing over 200,000 Oklahomans directly and generating an overall economic impact of $19.4 billion. • Fund the Quick Action Closing Fund Increase funding for the Oklahoma Quick Action Closing Fund to a level that allows Oklahoma to be competitive with surrounding states. Greater funding for this economic development tool will assist in attracting high quality jobs and industry to the state, increasing the economic opportunity and quality of life for Oklahoma residents. • Fund the OKPOP Museum Support a state bond issue for capital investment in the Oklahoma Historical Society's planned Oklahoma Museum of Popular Culture. With over $6.5 million in private funding already secured, OKPOP will have an annual estimated economic impact of over $17.5 million and expand upon the over $1 billion already invested in downtown Tulsa, while further contributing to the state's third largest industry — tourism, an industry which generated over $7 billion in expenditures and 78,000 jobs in 2012. 2015 OneVoice Legislative Agenda Support OCAST Funding Support an OCAST annual budget to a minimum of $24 million. Funding for OCAST assists Oklahoma in four vital areas: (1) research and development funding for businesses & universities, (2) two- and four -year college internship opportunities, (3) manufacturing support, and (4) early -stage funding for start-up businesses. This funding allows Oklahoma communities to attract and retain high - quality STEM businesses and critical college talent, which will encourage growth and expansion in these target industries. (BRE, Small Business, DET) Develop and Implement Robust Oklahoma Academic Standards Support the development and implementation of robust Oklahoma Academic Standards based upon Oklahoma's workforce needs and college admissions expectations, while also ensuring the national competitiveness of Oklahoma's high school graduates. Oklahoma's Academic Standards should be matched with comparable, high - quality, streamlined assessments that provide insight to educators and support the student's learning. Oklahoma's Academic Standards must meet or exceed other national models, to ensure Oklahoma's students are prepared to meet or exceed the performance of their peers in other states. oneVoice 2015 OneVoice Legislative Agenda 2015 Federal Priorities • Expedite Implementation of the Arkansas River Corridor Project Support efforts to expedite the implementation of the Arkansas River Corridor Project for river infrastructure improvements. Allow federal match credit to be accrued for state and local expenditures in order to advance construction activity while preserving the Tulsa region's access to future federal funding for this federally authorized project. Reauthorize Federal Surface Transportation Programs Support the reauthorization of federal surface transportation programs (MAP -21), including robust measures to permanently and adequately fund the Highway Trust Fund and continued flexibility for a coordinated local- and state -based decision - making process. The economic success of our country relies upon the strength of our transportation infrastructure. States must have long -term predictability in planning to meet their infrastructure needs, and a sustainably funded Highway Trust Fund is critical to providing that infrastructure security. Of key importance are the following regional high - priority projects: reconstruction of 1 -244; widening of 1 -44 east to the Will Rogers Turnpike; expansion of U.S. 169 to six lanes north to State Highway 20; construction of a four -lane Port Road on Highway 266 from U.S. 169 to the Port of Catoosa, and from the Port of Catoosa to 1 -44; expansion of US -75 to six lanes from State Highway 11 to State Highway 67; and the implementation of high - priority transit corridors. • Increase Appropriations for the McClellan -Kerr Arkansas River Navigation System Support increased appropriations for the McClellan -Kerr Arkansas River Navigation System (MKARNS) to overcome $100 million in critical maintenance backlog projects which, per definition of the Corps of Engineers, have a greater than 50% chance of failure within the next five years. A single failure threatens to shut down the full navigational system causing severe economic hardship for the businesses and consumers in Oklahoma who rely on the system. The economic impact to Oklahoma's economy from such a shutdown is estimated to be $2 million per day. Support efforts of the Oklahoma and Arkansas maritime industry to persuade the United States Maritime Administration ( MARAD) to designate the MKARNS as the "M -40 Corridor" within the Nations Maritime Highway system thereby expanding the use of our Nation's navigable waterways to relieve landside congestion, reduce air emissions, and generate other public benefits by increasing the efficiency of the surface transportation system. This maritime highway designation could benefit transportation projects in the region which may then be eligible for MARAD grant opportunities. oneVoice 2015 OneVoice Legislative Agenda • Pass the Marketplace Fairness Act Support passage of the Marketplace Fairness Act or other federal legislation which will ensure that the sales and use taxes already owed from online purchases are fairly and effectively reported, collected, and remitted. Address Critical Infrastructure Needs with Tulsa's Aging Levee System Support addressing the critical infrastructure needs with Tulsa's aging levee system, which — if one fails —would be catastrophic for homeowners, two nationally strategic oil refineries, and multiple industries currently protected by levee system, and have devastating environmental impacts for our region. Continue and Expand Funding for Graduate Medical Education Support continued and expanded funding for Graduate Medical Education /Residency Programs through the following efforts: (1) reauthorize and expand the HRSA Teaching Health Center (THC) Program to build primary care capacity; (2) remove the cap on Medicare DGME and IME- funded positions; (3) and reallocate unused residency slots from other states to existing residency /fellowship programs, including THC programs, in Oklahoma with priority in current physician shortage areas. • Restore Full Funding for Federally Qualified Health Centers Restore full funding to the Section 330 funding program for Federally Qualified Health Centers. The state's system of FQHCs provide access to health care for over 200,000 Oklahomans without regard to ability to pay, serving the most vulnerable, poor and geographically isolated population. A lapse in these federal funds will result in the loss of up to 70% in federal funding for FQHCs, and lead directly to the closure of health center sites, layoffs of health center staff, and most importantly, a loss of access to care for countless Oklahomans. • Reauthorize the Elementary Secondary Education Act (ESEA) and the Higher Education Act (HEA) Support the reauthorization of the Elementary Secondary Education Act (ESEA) and the Higher Education Act (HEA) and fully fund federal mandates. • Fund an On -site Fuel Storage Facility at the Tulsa Air National Guard Base Support funding the construction of a $17 million fuel storage facility at the Tulsa Air National Guard Base to retain the current mission and posture for the next generation fighter aircraft. With an annual budget of $80 million, the base employs 1,200 guardsmen and plays a key role in the continued vibrancy of the Tulsa region's aerospace community. Construction of an on -site fuel storage facility is vital to maintaining the current mission and capturing future missions. J 2015 OneVoice Legislative Agenda Support Comprehensive Federal Immigration Reform Support federal measures to secure borders, establish reasonable and efficient visa policies and procedures, and comprehensive reform at the federal level that recognizes the need for essential workers so the U.S. can continue to attract the best and brightest talent from around the world. Oppose further state legislation related to immigration reform. Wilson, Lisa From: Dazsa Carter <DazsaCarter @tulsachamber.com> on behalf of Skye McNiel <SkyeMcNiel @tulsachamber.com> Sent: Monday, September 22, 2014 3:59 PM Cc: Kian Kamas; Nick Doctor Subject: Request for your Endorsement for the 2015 OneVoice Legislative Agenda As a key partner in the Tulsa region's political coalition, thank you for your partnership and participation in the OneVoice process this year. Attendance in each of our ten task forces and at the OneVoice Regional Legislative Summit reached an all -time high this year, with a record 430 attendees at the Summit in September. The result is, yet again, a legislative agenda that reflects the priorities of the entire Tulsa region. While each partner may have their own legislative priorities in addition to the OneVoice Agenda, this collaborative product has proven to be a critical force with state and federal lawmakers as we work to advance issues which impact businesses and communities throughout northeast Oklahoma and the entire state. With the Summit completed and a list of top ten state and top ten federal priorities adopted, our team now begins the process of seeking endorsements for the 2015 OneVoice Legislative Agenda. Your endorsement and support of this annual agenda is imperative; without your help, the legislative goals encompassed within the OneVoice Agenda cannot be accomplished. We would appreciate your endorsement before November 1" of this year, so we can begin speaking to lawmakers immediately and preparing for the 2015 state legislative session. A member of our team will also be reaching out to you within the next week, to follow up and provide any additional information you may need. If you have any questions prior to that time, please don't hesitate to me, or Nick Doctor and Kian Kamas copied on this email. Thank you again. We're very fortunate to have your ideas and involvement in the OneVoice process, and help in moving our region forward. Respectfully, Skye McNiel Skye McNiel Senior Vice President of Government Affairs Tulsa Regional Chamber 1 West Third Street, Suite 1300 Tulsa, OK 74103 0 918.560.0211 1 C 918.645.1289 TulsaChamber.com This e-mail is confidential and may be privileged. If you are not the intended addressee, (i) you should not read the contents of this e -mail or any attachments, disclose them to any other person or use them in any way, and (ii) please delete this e-mail and any attachments from your system and notify the sender immediately. If you are the intended addressee, please do not forward or otherwise disclose this e-mail or any attachments to any unauthorized person (for avoidance of doubt please refer to the sender regarding authorized recipients). In the event of an unauthorized disclosure, please notify the sender immediately. The City Wit ouf Limits. TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: Capital Improvement Projects' Funding Timeline DATE: October 10, 2014 BACKGROUND In 1983, the City of Owasso voted to increase the City sales tax rate for 20 years from two cents to three cents for the purpose of funding Capital Improvement Projects (CIP). In 2003, citizens again voted and approved making permanent the third penny sales tax. Over the last 10 years, the third penny CIP annual sales tax collections have grown from $3.75 million to $7 million annually. Because, in spite of the growth, needs continued to outnumber revenue collections, the city borrowed $37.68 million from 2004 to 2008 for which the third penny is pledged to make debt payments. The remaining $4.8 million of the original $37.7 million will be paid off by December 31, 2018. However, in 2012 the City agreed to a $5.3 million payback to The SAM'S Club for improvements in the 96th and 129th E. Avenue area. The SAM'S payback is also designated to be paid from the third penny over a six -year period. Attached is a schedule showing how much has been collected per year by the third penny sales tax since 2005 and how much of that was used for debt service payments. This schedule also reflects the current budgeted revenue and debt payments, as well as, forecasts how much will be collected for an additional five -year period. Note that the amount available for CIP projects increases significantly from FYI to FY20 in large part due to the FYI payoff of the remaining 2008 Revenue Note and the payoff of the SAM's payback. If the Council continues to commit $1 million per year for street rehabilitation, on average $4.6 million will be available per year for other CIP priority projects. Also attached is a schedule reflecting priority projects recommended by the CIP Committee and approved by Council totaling $39.7 million. Of that total $15.4 million has been targeted for funding by outside funding sources such as Tulsa County and INCOG. Of the $24.3 million to be funded by Owasso, $14.3 million has been budgeted life -to -date leaving $10 million to be budgeted in future years. However, two additional needs have been identified by the CIP Committee for possible addition. They are a new fire truck for $590,000 and radio equipment upgrades totaling $2.6 million. With the inclusion of these two additional needs, as well as, the increased cost estimate for the renovation of the new City Hall, we estimate it will take three years of sales tax collections beyond the current budget to complete the projects on this list. Bear in mind that many of these projects, like 76th Street widening, are still in the design phase and will take multiple years to complete. ATTACHMENTS Capital Improvements Fund Project Status Summary Report One Cent Sales Tax Collections and Restricted Use City of Owasso Capital Improvements Fund Project Status Summary Report As of September 30, 2014 'Note - Additional Project funding will be provided by other resources such as ODOT and Tulsa County. Owasso Percent of Percent of Total Project Outside Funding Project Budget Expended Expended Project Contracted & Budget Work Resolution Cost Estimate Funding' Requirement Life -to -Date FY2015 to Date Encumbered Expended Complete 2007 -05 86th Street, Main- Memorial $4,732,127' $1,952,952 $2,779,175 $2,774,155 $0 $2,679,183 97% 100% 2008 -01 106th /Garnett Intersection 3,470,810 • 1,611,658 1,859,152 1,813,608 0 1,811,220 3,984 100% 100% 2010 -13 76th Street Widening 6,860,000 " 5,482,000 1,378,000 1,231,174 0 86,675 7% 6% 2012 -04 Garnett Widening, 96th -106th 7,991,000 ' 3,200,000 4,791,000 2,441,722 49,715 175,279 170,321 7% 7% 2013 -06 Street Rehabilitation FY 2014 1,020,000 1,020,000 1,020,000 280,825 577,445 409,091 57% 95% 2014 -05 Street Rehabilitation FY 2015 1,000,000 1,000,000 1,000,000 0 0 0% 0% 2014 -05 116th 1129th Intersection 4,100,000 ' 3,170,000. 930,000 116,000 0 0 0% _ 5% 2013 -06 Transportation Master Plan 200,000 200,000 200,000 13,543 78,978 118,922 39% 60% 2012 -04 Elm Creek Park Improvements 2,400,000 2,400,000 186,498 11,758 59,020 32% 2% 2013 -13 New City Hall- - Building Acquisition 1,593,955 1,593,955 1,593,955 0 1,593,955 100% 100% 2013 -13 New City Hall -- Remodel 2,500,000 2,500,000 1,703,644 0 82,758 84,000 5% 5% 2012 -04 Main Police Station 1,500,000 1,500,000 93,329 0 45,629 49% 1% 2012 -04 Vehicle Maintenance Facility 2,350,000 2,350,000 153,679 0 153,679 11,321 100% 7% Totals $ 39,717,892 $ 15,416,610 $ 24,301,282 $14,327,764 $ 355,841 $ 7,343,821 $ 797,639 51% Future Funding Requirements: Fire Truck 590,000 Radio Equipment Upgrades Project 2,600,000 Budgeted Life -to -Date (14,327,764) Unfunded priority projects $ 13,163,518 Sales tax funding available annually after debt and $1 million street rehabilation $ 4,600,000 Number of years (beyond FY15) needed to fund current priority .. projects 3! Future Priority Projects 2013 -13 Highway 169 Service Roads - E 66th St N/E 126th St N 'Note - Additional Project funding will be provided by other resources such as ODOT and Tulsa County. City of Owasso One Cent Sales Tax Collections and Restricted Use (Budgetary Basis) As of 9130114 Revenue 10.14% 3,751,120 892,241 63,446 Available for Funding Note Debt Development Capital Available for Three Percent Percent of One Cent Service Agreement Trustee & Interest Improvements Street Rehab Priority Capital Fiscal Year Sales Tax Increase Sales Tax (1/3) Payments Debt Other Fees Earnings Funding Annual Cost Projects 6/30/2005 11,253,360 10.14% 3,751,120 892,241 63,446 21,946 1,663,829 6/30/2006 13,016,006 15.66% 4,338,669 2,618,865 71,851 345,149 6/30/2007 15,509,889 19.16% 5,169,963 3,220,929 68,055 19,147 620,606 6/30/2008 16,564,164 6.80% 5,521,388 4,583,216 58,647 4,000 19,534 265,630 6/30/2009 17,343,313 4.70% 5,781,104 5,183,786 - 7,750 9,581 599,150 6130/2010 17,266,692 -0.44% 5,755,564 5,450,991 - 10,000 3,027 297,600 6/30/2011 17,528,943 1.52% 5,842,981 5,443,476 - 73,806 1,585 327,283 6/30/2012 18,343,008 4.64% 6,114,336 4,839,355 - 6,000 2,809 1,271,790 6/30/2013 19,168,431 4.50% 6,389,477 3,537,915 - 8,047 5,059 2,848,573 6/30/2014 21,022,850 9.67% 7,007,617 2,812,974 839,322 7,035 655 3,348,940 t 6130/2015 22,200,000 5.60% 7,400,000 1,522,668 839,322 8,047 1,000 5,030,963 1,000,000 4,030,963 6/30/2016 22,644,000 2.00% 7,548,000 1,199,450 839,322 8,047 1,000 5,502,181 1,000,000 4,502,181 6/30/2017 23,096,880 2.00% 7,698,960 1,196,265 839,322 8,047 1,000 5,656,326 1,000,000 4,656,326 6/30/2018 23,558,818 2.00% 7,852,939 1,196,010 839,322 8,047 1,000 5,810,560 1,000,000 4,810,560 6/30/2019 24,029,994 2.00% 8,009,998 598,455 839,322 8,047 1,000 6,565,174 1,000,000 5,565,174 6/30/2020 24,510,594 2.00% 8,170,198 - 8,047 1,000 8,163,151 1,000,000 7,163,151 Totals 360,171,594 59,555,074 6,000,000 30,728,354 120,057,198 44,296,596 5,297,932 164,922 175,251 " The Council has supported using $1 million of Capital Improvement (CIP) funding for street repair. Over the next three years, the annual average of CIP funding after debt payments is $5.6 million. After funding $1 million per year for steets, $4.6 million per year is available for other projects. Debt issued to fund capital projects: 2004 Sales Tax Revenue Note - $10,000,000 issued 12/22/2004, matured 1 2/0 112 01 1 2005 Sales Tax Revenue Note - $10,000,000 issued 10/24/2005, matured 12/01/2012 2007 Sales Tax Revenue Note - $10,000,000 issued 09/10/2007, matures 09/01/2014 2008 Sales Tax Revenue Note - $7,680,000 issued 12/09/2008, matures 12/01/2018 The City Wt o Limits. TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: OPGA Negative Cash Balance DATE: October 10, 2014 BACKGROUND Each year since 2004, the OPGA Trust operated at a loss. The repeated operating losses grew over time to $3.5 million as of June 30, 2013. Though legal for Trust Authorities, accumulating a negative fund balance in the OPGA fund is not prudent and has been a concern of the City for some time. Measures were undertaken in recent years to address the growing concern. These measures included, among other things, moving debt service payments to the OPWA, restructuring the golf course fee schedule, trimming as many variable costs as possible, and budgeting a $250,000 fund transfer from the General fund to the OPGA to partially fund maintenance /mowing costs that are normally paid for from the General fund Parks department. As a result of these measures, the June 30 deficit did not increase in FYI 4. Although these changes stemmed the growth of the golf course deficit, clearly additional measures are required over future years to eliminate the negative cash position. Attached is a proposal to reduce the negative cash balance over an estimated 13 -year period starting with the FY2015 budget. The planned sources of the payoff will be the continued $350,000 transfer from the General fund. Additionally, beginning in 2018, $326,200 will be funded by OPWA after the payoff of the golf course debt in 2017. While no Trust Authority action is required at this time, it is the intention of staff to develop future budgets under this plan unless directed otherwise by the Authority. ATTACHMENT Owasso Public Golf Authority - Long -Term Plan OWASSO PUBLIC GOLF AUTHORITY Long -Term Plan to Address Deficit Balance October 10, 2014 EXISTING COMMITMENT TO AVOID 254,611 FYI Budgeted transfer from General Fund to reduce deficit RECOMMENDATION TO ELIMINATE FYI General fund transfer to reduce deficit INCREASE IN DEFICIT FYI General fund transfer to reduce deficit 250,000 ACCUMULATED OPGA DEFICIT 250,000 General Fund OPWA Payment OPWA Transfers Transfers to OPGA Transfers to OPGA of OPGA To Reduce Reduce OPGA Projected to Balance Budget Debt OPGA Deficit Deficit Fund Balance June 30, 2013 Accumulated OPGA Deficit FY14 General fund transfer to balance OPGA budget $ 254,611 FYI Budgeted transfer from General Fund to reduce deficit 250,000 FYI General fund transfer to reduce deficit 250,000 FYI General fund transfer to reduce deficit 250,000 FYI General fund transfer to reduce deficit' 250,000 FY19 General fund transfer to reduce deficit - 250,000 FY20 General fund transfer to reduce deficit 250,000 FY21 General fund transfer to reduce deficit 250,000 FY22 General fund transfer to reduce deficit 250,000 FY23 General fund transfer to reduce deficit 250,000 FY24 General fund transfer to reduce deficit 250,000 FY25 General fund transfer to reduce deficit 250,000 FY26 General fund transfer to reduce deficit 250,000 FY27 General fund transfer to reduce deficit 250,000 OPGA projected fund balance as of 6 -30 -27 'Increase due to payoff of OPGA debt on 7 -1 -17 435,980 431,160 435,960 $ 3,504,611 $ 1,303,100 100,000 100,000 100,000 326,200 326,200 326,200 326,200 326,200 326,200 326,200 326,200 326,200 325,922 $ (3,561,722) (3,561,722) (3,461,722) (3,361,722) (3,261,722) (2,935,522) (2,609,322) (2,283,122) (1,956,922) (1,630,722) (1,304,522) (978,322) (652,122) (325,922) $ 3,261,722 $ 300,000 $ - The City Wit out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Agreement for Engineering Services Wastewater Master Plan Update DATE: October 10, 2014 BACKGROUND: The City of Owasso provides wastewater collection, conveyance and treatment services for over 9,500 residential, business and industrial customers. The existing collection system consists of over 175 miles of sanitary sewer line (ranging in size from 4 to 30 inches in diameter), 12 pump stations and a 4.2 million gallon per day (MGD) treatment facility. In response to rapid growth, in 2005 the City of Owasso commissioned the update of its 1997 Wastewater Master Plan. The update provided a 20 -year guide for developing the necessary facilities and improvements to satisfy wastewater collection and treatment needs for the existing and future service area. A key element of the plan was to provide for orderly infrastructure improvements, expansion and upgrading. Since 2005, the City has experienced a higher density of growth in areas covered in the 2005 master plan update. In addition, wastewater treatment discharge limits governed by Environmental Protection Agency and Oklahoma Department of Environmental Quality continue to become more stringent possibly requiring upgrades at the wastewater treatment facility. As a result, an update of the plan is proposed to more adequately reflect current conditions and establish wastewater infrastructure requirements for a new 20 -year planning period. ENGINEERING SERVICES AGREEMENT: In August 2014, Staff requested a proposal from Greely and Hansen, Incorporated of Chicago, Illinois. Based upon Greeley and Hansen updating the master plan in 2005, designing multiple wastewater projects for the OPWA and fee negotiations, Greeley and Hansen LLC is being recommended as the design engineer for the project. Key provisions in the planning process will provide the following elements • Update wastewater model with the new improvements to the wastewater collection system; • Hydraulic modeling of the existing system to provide a basis for evaluating and projecting operational improvements; • Review potential NPDES permit requirements; • ODEQ coordination; • Future system expansion will be evaluated for planned development and projections for years 2020, 2025, 2030 and ultimate buildout conditions; and • Implementation schedule FUNDING: Funding in the amount of $120,000 is included in the FY 2015 Wastewater Treatment Plant Budget for the engineering services for the Wastewater Master Plan Update. PROPOSED ACTION: An item has been included on the October 14, 2014 Council Work Session in order to discuss this project. Staff is proposing an engineering services agreement with Greely and Hansen in the amount of $118,000 for the update to the Wastewater Master Plan. n—TGity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Brookfield Crossing - Stormwater Conveyance and Detention Engineering Service Agreement DATE: October 10, 2014 BACKGROUND The Brookfield Crossing subdivision is located N/W of E 116 St N and Garnett Road Intersection. This residential subdivision was developed in 2001 -2002 with City infrastructure being accepted by City Council in January 2003. Prior to acceptance, Public Works identified several issues with the stormwater conveyance system and detention pond. However, miscommunication between the former Infrastructure Inspector and City Engineer led to the stormwater infrastructure being accepted prematurely. In January 2004, Public Works met with the developer concerning the stormwater issues within Brookfield. At that time, all parties were able to view the certified as -built plans and come to agreement that the stormwater system has faults in the design and the system was not installed as shown in the designed plans. Shortly thereafter, the developer hired a new engineering consultant (Kellogg Engineering) to analyze, identify, and provide solutions relating to the stormwater deficiencies. The results indicate the stormwater detention facility outfall structure was installed at the incorrect elevation consequently detention capacity is not adequate for a 100 -year storm event. In addition, stormwater piping is inadequate in size and does not have proper slope in some areas of the conveyance system causing street and yard flooding on the north and east end of the subdivision during a 2 -3 inch rain event. Since Kellogg Engineering provided a conceptual design in February 2004, the developer has not made any attempt to address these drainage issues within Brookfield Crossing. In addition, the developer has recently informed the City staff that he does not have the funding available to assist with costs related to the identified stormwater deficiencies. As a result, Public Works is proposing to proceed with the planning phase of the project this fiscal year with construction in FY 2015 -2016, if funding is available. ENGINEERING SERVICES AGREEMENT: In August 2014, Staff requested a proposal from Kellogg Engineering, Incorporated of Talala, Oklahoma. Based upon past knowledge of this project and fee negotiations, Kellogg Engineering, Inc. is being recommended as the design engineer for the project. The proposed work includes the following: Task 1 - Prepare 404 application to USACE for a Nation Wide Permit Task 2 - Topographic survey of existing storm drains, detention ponds and utilities Task 3 - Prepare legal descriptions and exhibits for all LIE to be acquired. Task 4 - Prepare and provide construction plans to the City for review Task 5 - Prepare and provide H &H report to the City for review Task 6 - Prepare and provide SWPPP to the City for review Task 7 - One (1 ) Final set of reproducible Construction Plans and bid documents. Task 8 - ODEQ Stormwater Discharge Permit Task 9 - Bid documents in accordance with Owasso standards Task 10 - Attend plan -in hand meeting with the City Task 1 1 - Attend Preconstruction conference Task 12 - Material specifications review Task 13 - Provide Construction Assistance and As -built Drawings FUNDING: Funding in the amount of $80,000 is included in the FY 2015 Stormwater Fund Budget for the engineering services for the Brook Field Crossing Stormwater Improvement Project. PROPOSED ACTION: An item has been included on the October 14, 2014 Council Work Session in order to discuss this project. Staff is proposing an engineering services agreement with Kellogg Engineering, Inc. in the amount of $57,500 for the Brookfield Crossing Stormwater Improvement Project. ATTACHMENTS: Location Map Agreement for Engineering Services o o FIELD ELL JAM �" �[`J /. /{j��Y����� �.� T�' - ,i l ,� - I I' eE e y � e ! F 1 1. BROOKFIELD CROSSING LOCATION MAP CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 9/30/141 North MAP IS FOR SENT ANA CURATE AND TRUE pSCA E USE OFUTH S MAP S WIITHOUT 918.376.1500 RANTY OR REPRESENTATION HY CITY OF O WASSO OF ITS ACCURACY. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT THIS AGREEMENT, made and entered into this _ day of between the CITY OF OWASSO, OKLAHOMA, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and KELLOGG ENGINEEREING, INC., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to upgrade the BROOKFIELD CROSSING DRAINAGE, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the CITY OF OWASSO operating budget, NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION and further described in Attachment E, FEE /HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shalt perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9.5- 14.DOC Gt Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIlYIITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's performel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact mamier in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are Iimited to the sealed and signed hard copies. Computer- generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9-5 -04.000 G2 be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify the CITY from and against legal liability for damages arising out of the performance of the SERVICES for the CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to the CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of the CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name the CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not Iess than $1,000,000 for each accident and with.property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. BROOKFIEID CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9.Sid,DOC G3 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the teem of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by the CITY. 12.2. ENGINEER shall furnish the CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at the CITY'S risk. 14. TERMINATION OF AGREEMENT. 141. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for the CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to the CITY, fit the event of termination or suspension for the CITY'S convenience, the CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: KELLOGG ENGINEERING, INC. 6755 S. 4060 Rd. Talala, OK 74080 Attention: Brian Kellogg, President To CITY: CITY OF OWASSO City Municipal Building 111 N. Main Owasso, OK 74055 Ph: 918-376-1500 Attn: Warren Lehr, City Manager BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3)9-514.DOC C 4 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the CITY's Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the CITY OF OWASSO of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the CITY staff initially and as needed thereafter and will be available for public meetings and CITY OF OWASSO presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Brian Kellogg as Project Manager for the PROJECT. ENGINEER agrees that no change wiII be made in the assignment of this position without prior approval of CITY. BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (B) 9.5-14.DOC G5 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the CITY OF OWASSO. APPROVED: CITY Clerk APPROVED AS TO FORM: CITY Attorney ENGINEER By: Brian K. Kellogg, President Kellogg Engineering, Inc. CITY OF OWASSO, OWASSO, OKLAHOMA Mayor Date BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES MTH EXHIBITS (3) 9 514.DOC C 6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT SCOPE OF PROJECT ATTACHMENT A SCOPE OF PROJECT: The PROJECT shall consist of civil engineering SERVICES described as follows: Design improvements to the existing Brookfield Crossing drainage system and detention facility. Project shall include all exporation, construction plans, drainage report, construction permitting, bid documents, and all other work detailed in the Scope of Services to complete the project. BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS Q 95-14AOC C -7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT SCOPE OF SERVICES ATTACHMENT B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the CITY by a nice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the Owasso Design Criteria and Construction Specifications. B.I. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.l.a) Attend initial meeting with Owasso Staff; B.1.b) Provide alignment, topographic and property line surveys for proposed storm drains, channels and detention facility improvements; B.l.c) Prepare USACE 404 under the " USACE Nationwide Permitting Process' as needed; B.1.d) Attend CITY OF OWASSO Meetings as needed; B.1.e) Attend Public Meetings as needed; B.1.0 Prepare a property report for each tract where an easement (whether temporary or permanent) is needed. B.l.g) Provide legal descriptions, exhibit maps and prepare easements for each parcel crossed by the proposed line. B.l.h) Prepare and provide construction plans to the CITY for review. B.11) Prepare and provide H &H report to the CITY for review, B.1.j) Prepare and provide SWPPP to the CITY for review. B.11) Attend meetings with property owners as necessary; B.1.1) Conduct bidding process and all services necessary award a construction project; B.1.m) Provide interpretations and clarifications of plans during construction; B.l.n) Attend final inspection, B.1.o) Provide as -built survey and plans to CITY at project completion BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9 - 514AOC C.g B.2 Assumptions and limitations of the engineering services: B.2.a) No formal mitigation procedures are required for environmental issues; B.2.b) No formal environmental services are required for this project; B.2.c) No construction staking is included. Responsibility is the Contractor's; B.2.d) Engineer is exempt from paying City of Owasso review fees; B.2.e) Engineer is not responsible for USACE 404 permit under the "USACE Individual Permitting Process" nor any related mitigation; B.2.f) Advertising fees not responsibility of the Engineer; B.2.g) Engineer is not responsible for City of Owasso, ODEQ, OWRB, USACE, ODOT, or R &R permits fees; B.21) Engineer is not responsible for mitigation credits or any related fees; B.2.i) Engineer is not responsible for right -of -way acquisition or any related fees; B.2.j) Engineer is not responsible for the OWRB -CWSRF loan documentation or application; B.2.k) Engineer is not responsible for construction inspection; B.2.1) Engineer is not responsible for project management; B.2.m) Engineer is not responsible for construction management; 152n) Engineer is not responsible for construction staking; B.2.o) Engineer is not responsible for geotechnicaI investigation. CITY is shall provide test holes if so required. B.2.p) Engineer is not responsible for ODEQ Storm Water Discharge permitting; BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9 544.00C C 19 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT RESPONSIBILITIES OF THE CITY ATTACHMENT C RESPONSIBILITIES OF TFIE CITY. The CITY agrees: C1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the CITY Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete CITY to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining Iocations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. BROOKFIELD CROSSING DRAINAGE PROJECT AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS (3) 9- 544.000 C -10 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT COMPENSATION ATTACHMENT D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. DA Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be Fifty Seven Thousand Five Hundred Dollars and No /100 ($57,50 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: All Subcultant and Other Professional Associate costs are included in the Total Compsentation. Services of subcontractors and other professional consultants shall be compensated at actual cost. Subconsultants to be used must be authorized in advance by the CITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Comvensation D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. This includes, but is not limited to, staking of property lines and /or easements for easement acquisition. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. 11 D.6 Conditions of Payment D.61 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. 12 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT BILLING RATE SHEET ATTACHMENT E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule . Effective January 1, 2014 Registered Professional Engineer ......................... $110 /hour Project Manager ........ ............................... $100 /hour Engineering /Drafting GIS Technician ....................... $75 /hour Inspector ............. ............................... $45 /hour Clerical ............... ............................... $30 /hour Direct Expenses ........ ............................... Cost +15% Travel ................ ............................... $0.55 /mile Geotechnical Engineer .... ............................... $95 1hour Survey Crew ......... ............................... $1251hour Registered Surveyor ..... ............................... $75 /hour 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO BROOKFIELD CROSSING DRAINAGE PROJECT SCHEDULE ATTACHMENT F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.I. Notice to Proceed: 11/01/2014 F.4 Boundary and Topographical Surveys 11/01/2014 - 12/01/2014 F.5 Preliminary Plans /EngineeringReport 12/01/2014 - 01/01/2015 F.6 Complete Preliminary Construction Plans 01/01/2015 - 02/01/2015 F.9 Complete Final Construction Plans and Specs 02/01/2015 - 03/01/2015 F.10 Submit plans to City of Owasso 03/01/2015 - 04/01/2015 F.11 Complete Final Contract Documents 04/01 /2015 - 05/01/2015 F.13 Advertise and Bid Project 05/01/2015 - 06/01/2015 F.14 Project Construction 07/01/2015 - 10/01/2015 F.15 As -built Surveys & Record Drawings 10/01/2015 - 11/01/2015 Substantial Completion: 05 01 2015 14 0A, City Wit - 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: October 10, 2014 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 expired on September 30, 2014. 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 provides 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 Owasso Municipal Court and related staff to effectuate these duties. From October 1, 2013, through September 30, 2014, approximately 86 youth were referred to the Owasso Youth Court for adjudication of their cases, and numerous referrals were made by the Municipal Court for counseling services. All but 5 of the youth referred successfully completed the Youth Court program. 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 several attorney advisors and approximately 23 youth volunteers. New student volunteers are being recruited at this time and training for those volunteers is scheduled to be held on October 201h and 2701 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 $49,500 for 2014 -2015 which is payable in twelve equal monthly payments beginning on October 1, 2014. The proposed compensation is unchanged from the previous year. If renewed, the new contract will be deemed effective as of October 1, 2014, and will terminate on September 30, 2015. This item was included in the approved Fiscal Year 2015 budget. Based upon the Owasso Youth Court program's success and achievements in past years of operation, staff will recommend renewal of the contract for an additional year. 1 RECOMMENDATION: Staff will recommend City Council approval of the Youth Court contract with Youth Services of Tulsa, Inc., in the amount of $49,500 for 2014 -2015, and will further recommend authorization be given to the City Manager to execute the contract as well as any additional documentation required. ATTACHMENT: Proposed contract with Youth Services, Inc. for 2014 -2015. AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. FOR THE MANAGEMENT AND OPERATION OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City ") and Youth Services of Tulsa, Inc. (hereinafter referred to as "Youth Services ") agree as follows: The City determined in 2008 that there was 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 recognizes that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many years experience in this field who are able to operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and upon the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to continue funding and operation of a juvenile court program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective as of October 1, 2014, and shall expire on September 30, 2015. This Agreement shall not renew automatically and will terminate on September 30, 2015, rmless an extension of this Agreement, in writing, is executed by The City of Owasso and Youth Services of Tulsa, Inc. prior to the termination of the Agreement. The City shall pay Youth Services forty -nine thousand, five hundred dollars ($49,500) as total compensation for operation of a Youth Court for one (1) year, including the employment of a ftrll -time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments. 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 capacity within the program. Youth Services will also work with the City to obtain a list of 1 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 connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non -owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager 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 waiver of any breach of any one or more of the covenants, conditions, terms and agreements 2 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. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the _ day of October, 2014. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Warren Lehr City Manager Attest: Sherry Bishop City Clerk 3 James M. Walker Executive Director Approved as to Form: Julie Lombardi City Attorney 4 The CitdyW, out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr City Manager SUBJECT: Proposed 1/2 Penny Sales Tax Increase DATE: October 10, 2015 BACKGROUND: Currently Owasso Police Services, Fire Services, and the Streets Department operated by the City of Owasso are funded from revenues collected and deposited in the General Fund. The primary revenue source for the General Fund is the municipal sales tax. The City of Owasso has a three percent (3 cents) sales tax levied on the sale of eligible goods and services. Two cents of that tax is utilized for city operations and one cent is restricted for funding capital improvement projects. Currently, one cent of sales tax is projected to generate approximately $8 million annually. From the two cents sales tax dedicated to operations, the city must fund all programs and services except water, wastewater, and refuse operations. The two cent sales tax must pay for streets, drainage, parks, administration, police, fire, planning, engineering, the community center, etc. and all insurances, fees, and other needs of a $24 million business. Defining what are considered to be core services in a growing community is difficult. Often, conflicting priorities force core services to compete with each other for a limited funding source. A growth -mode city faces challenges on every front to maintain and improve services while functioning within a financial framework that inhibits the community from "keeping up" with that growth and the resulting demand on its departments. Over the last several years, a goal of the staff has been to develop additional efficiencies and /or revenues for municipal operations in Owasso. Oklahoma is currently the only state in the nation which statutorily requires cities and towns to fund their general funds with the sole source being sales tax. Sales tax is a volatile revenue source that fluctuates with the trends of the national economy. The system, as is, dictates that a growing city will be behind in its ability to fund improved or expanded services. It is clearly apparent that in order to meet the citizens' growing demand for services, there must be a consideration of additional revenues for operations. Owasso citizens have recognized these needs in past years when they gave overwhelming support for the first penny sales tax (1968), the second penny sales tax (1973), and the third penny sales tax for funding of capital improvements (1983). Current funding sources are inadequate to meet the essential needs of the city due to our past, present, and anticipated future growth. While the General Fund revenues are increasing each year, the amount of money needed to fund public safety and transportation services grows at an unsustainable rate. We are unable to keep up with those needs and continue to meet the increasing demand for other municipal services. Currently the Police services, Fire Services and Streets Department budgets account for 63.9% of the city's 2 pennies allocated for the general fund budget. This does not include the 3rd penny dedicated solely to capital improvements projects. While those combined divisions currently utilize the majority of general fund allocations, each is lacking in adequate manpower, equipment, facilities and other resources needed to provide services necessary to Owasso citizens. The above figures are not intended to indicate that the city is not meeting its obligations to serve the citizens, but rather to indicate that it is not realistic to expect that increasing demands for services can continue to be met without the financial resources required for those tasks. PROPOSED SOLUTION: Various solutions were reviewed and time frames were developed. Possible solutions considered were increased fees for services in all areas of municipal services, a reduction in some levels of existing services, the elimination of some existing services, the privatization of certain city services and an increase in the city's basic revenue source (sales tax). Staff ultimately agreed that the most feasible and impactful solution would be to ask the voters for an additional .05 cent sales tax. This solution has the least adverse impact on the citizens due to Owasso being a retail shopper's destination with the majority of our sales tax revenues coming from non - citizens. This recommendation also includes the elimination of the public safety capital fee on every Owasso utility customer's monthly bill, saving each utility customer $36 per year. Additional revenues from the 1/2 penny in sales tax should be dedicated to police, fire and streets in the following manner: • 35% (.175 cents) to the Police Services budget, • 35% (.175 cents) to the Fire Services budget and 30% (.15 cents) to the Streets Department budget. This allocation is estimated to produce $4 million additional dollars in the first year allowing for $1.4 million each to both police and fire and $1.2 million to streets. The additional 1/2 penny would not be subject to a sunset or expiration and the revenues could be used by these divisions for any purpose. Personnel, equipment, facilities, training, etc. would all be allowed expenditures. The dedicated monies collected annually from the 1/2 penny would roll over from one budget year to the next for each division allowing for the opportunity to forecast budget needs and make large acquisitions over more than one fiscal year. It is the intention to recommend that the general fund allocation to operating budgets for Police Services, Fire Services and Streets continue to be maintained at the current funding levels and that new revenues generated from the 1/2 penny would be in addition to the departments' current adopted budgets. COLLABORATION: There have been months of discussion and collaboration among Owasso's elected officials, staff members, citizen groups and representatives from the local IAFF and FOP unions for the purpose of finding needed answers to Owasso's growing concerns in the areas of public safety and transportation infrastructure. While the addition of a 1/2 penny sales tax does not cure all the needs of our city, it certainly gets us moving in the right direction in a manner consistent with responsible financial management and consideration for all Owasso citizens. The efforts and considerations of all of the participants have made this process successful up to this point and our hope is that similar efforts will convince Owasso citizens to reinvest in their community for their future. TIMELINE: Currently staff is conducting community meetings at various locations throughout Owasso for the purpose of informing the citizens of this proposal. Community meetings will continue to be presented through the end of the year up until the election date. Staff intends to recommend that the City Council approve a Resolution and Ordinance calling for the election to take place on January 13, 2015. In order for the election to occur on January 13, 2015, the Owasso City Council is required by Oklahoma Law to pass a resolution calling for the election and have in place an ordinance outlining the specific ballot language by November 13, 2014, and delivered to the Tulsa County Election Board. If the ballot measure were to pass by a majority vote, the new tax rate would take effect on April 1, 2015 as long as the election is certified 60 days prior to the effective date. This date coincides with the Oklahoma Tax Commission's quarterly calendar and will allow them to make notification to all necessary vendors in the taxing jurisdiction. PROPOSED ACTION: Staff intends to recommend that the Council approve a Resolution calling for the election as well as the adoption of an Ordinance, as required by law, at the October 21, 2015 regular City Council Meeting. City of Owasso FY 2014 -2015 Monthly Sales Tax Comparisons $2,500,000 $2,000,000 -��- $1,500,000 $1,000,000 $500,000 $0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Year -to -Date Sales Tax Totals $25,000,000 -.o $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun City of Owasso Sales Tax Report Budget to Actual Comparison October 9, 2014 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2014 -2015 2014 -2015 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent $ 1,865,193.66 8.4% $ 1,870,945.01 8.4% $ (5,751.35) -0.3% 1,820,787.95 8.2% 1,817,102.12 8.2% 3,685.83 0.2% 1,832,861.33 8.3% 1,787,552.87 8.1% 45,308.46 2.5% 1,896,450.88 8.5% 1,833,447.25 8.3% 63,003.63 3.4% Totals $ 7,415,293.82 33.4% $ 7,309,047.25 32.9% $ 106,246.57 1.5% City of Owasso Sales Tax Report Two Year Comparison October 9, 2014 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal 2014 -2015 Fiscal 2013 -2014 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent $ 1,865,193.66 8.4% $ 1,704,984.63 8.1% $ 160,209.03 9.4% 1,820,787.95 8.2% 1,678,483.46 8.0% 142,304.49 8.5% 1,832,861.33 8.3% 1,617,952.06 7.7% 214,909.27 13.3% 1,896,450.88 8.5% 1,677,144.73 8.0% 219,306.15 13.1% Totals $7,415,293.82 33.4% $6,678,564.88 31.8% $ 736,728.94 11.0% Note: Fiscal Year 2015 Sales Tax Budget is $22.2 million; FY'14 actual was $21 million. City of Owasso Monthly Sales Tax Revenues Last Five Fiscal Years 2014 -2015 2013 -2014 2012 -2013 _ 2011 -2012 2010 -2011 2009 -2010 Jul $ 1,865,193.66 $ 1,704,984.63 $ 1,630,956.50 $ 1,521,672.39 $ 1,485,552.57 $ 1,523,296.22 Aug 1,820,787.95 1,678,48146 1,521,846.41 1,485,585.66 1,409,806.38 1,457,190.41 Sep 1,832,861.33 1,617,952.06 1,518,488.35 1,485,891.81 1,433,235.57 1,384,785.99 Oct 1,896,450.88 1,677,144.73 1,560,824.24 1,517,700.88 1,467,321.34 1,386,073.05 Nov 1,612,339.06 1,447, 595.59 1,420,986-61 1,362, 551.29 1,222,181.35 Dec 1,748,989.23 1,605,740.09 1,488,693.19 1,423, 010.85 1,481,442.33 Jan 2,073, 564.27 1,792,033.55 1,655,568.87 1,640,741.37 1, 558, 964.00 Feb 1,990,103.51 1, 817, 864.08 1,748,279.70 1,675,132.30 1,660,458.42 Mar 1,544,058.21 1,500, 013.52 1,405,820.76 1,327,302.74 1,283,250.04 Apr 1,696,815,27 1,499,708.03 1,454,786.62 1,310, 850.43 1,288,894.21 May 1,813,882.69 1,629,482.38 1,610,102.97 1,506,255.74 1,506,435.50 Jun 1,864,532.80 1, 643, 877.95 1,547,918.80 1,487,182.33 1,513,720.24 $ 7,415,293.82 $.21,022,849.92 $ 19,168,430.69 $ 18,343,008 26 $ 17,528,942.91 $ 17,266,691 76 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 Jul $ 50,297.74 $ 78,704.81 $ 33,564.91 $ 41,490.75 $ 42,547.09 $ 77,124.54 Aug 56,645.90 105,902.83 33,982.54 52,649.70 34,592.96 58,626.76 Sep 61,203.63 69,078.85 47,608.82 53,050.58 42,904.66 53,157.06 Oct 86,146.09 103,682.82 59,327.05 48,434.75 48,534.10 32,510.05 Nov 64,434.39 50,722.23 43,503.50 42,275.99 37,032.82 Dec 86,423.76 48,320.10 52,051.50 40,466.31 35,727.86 Jan 57,183.06 60,59421 47,738.06 52,885.66 47,548.94 Feb 75,45337 78,302.28 55,670.54 54,867.98 45,714.97 Mar 50,120.99 57,199.16 44,139.56 39,200.77 30,888.31 Apr 55,506.56 30,576.98 29,496.59 45,286.77 50,504.67 May 63,673.80 51,093.50 55,835.13 44,615.83 53,407.77 Jun 42,884.09 75,13833 41,989.03 33,512.24 57,883.91 $254,293.36 $ 853,049.73 $626,430.51 $566,049.69 $ 521,690.36 $ 580,127.66