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HomeMy WebLinkAbout2014.11.11_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE RECE, OWASSO CITY COUNCIL, OPWA & OPGA VED Nov 0 •' �n14� Council 09 NhBirch, ass o, OKr74055ding Qty Clerk-s office Regular Meeting Tuesday, November 11, 2014 - 6:00 pm 1. Call to Order Mayor Jeri Moberly 2. Briefing and discussion relating to regular, recurring, or consent items (expected to be brief and may not require discussion) Sherry Bishop A. American Electric Power (AEP) Franchise B. Golf mowing equipment purchase C. Budget amendment - Multi- Hazard Mitigation Plan Grant D. Budget amendment - Fire Department Grant E. Infrastructure acceptance - Hideaway Pizza 3. Discussion relating to Community Development items Bronce Stephenson A. Final plat - Hickory Creek II B. Final plat - Caudle Center III C. Rezoning - Garrett Creek Commercial D. Final plat - Garrett Creek Commercial E. Annexation and rezoning - 9721 N Garnett F. Community Development Block Grant (CDBG) 2014 -15 Project Update G. Proposed Complete Street Policy 4. Discussion relating to the Oklahoma Municipal Retirement Fund (OMRF) - Proposed Ordinance to comply with changes in Federal and State Law Michele Dempster 5. Discussion relating to a Sports User Group Agreement - Softball Larry Langford 6. Discussion relating to the City of Owasso Charter and possible amendments Sherry Bishop 7. Discussion relating to City Manager items Warren Lehr • Capital Improvement Project (CIP) Committee Recommendation • 'A Penny Sales Tax Proposition • Monthly Sales Tax Report • City Manager Report 8. City Council /Trustee comments and inquiries 9. 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, November 7, 2014. Sherry Bishop, / y Clerk 0 Tho City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John W. Feary Government Affairs SUBJECT: AEP /PSO Franchise Agreement Renewal and Election DATE: November 7, 2014 BACKGROUND: An existing 25 year franchise agreement with Public Service Company of Oklahoma (AEP /PSO) and the City of Owasso is set to expire in 2015. Franchise agreements establish a range of terms and conditions which allow utility companies to provide services to a specific area while defining the responsibilities the provider has to the citizens of a community and the access and permissions the community concedes to the provider. Other provisions in the franchise agreement pertain to the duration of the agreement as well as the fees paid to the community. Fees are based on a percentage of gross monthly receipts to the provider from customers it serves. Under the existing agreement with AEP /PSO, Owasso receives a 2% franchise fee. In FY2014 -15, the aforementioned 2% is projected to generate $386,400. Other considerations in the agreement state that the provider will comply with state and federal regulatory agencies; will be allowed to generate, transmit, and sell electricity; and will be allowed to charge and collect a rate or rates in compliance with the Oklahoma Corporation Commission or other regularly constituted regulatory authority. Furthermore, the agreement provides for the delivery of electricity for the lighting of public streets and the pumping of water necessary for municipal water and sewer systems. The expiring agreement was approved by the citizens of Owasso in February 1990 and the agreement previous to that was approved in February 1966. The March 3, 2015 municipal election date for Owasso City Council Wards #1 and #2 is an opportunity to ask the voters for approval of a new franchise agreement with AEP /PSO. Per the Oklahoma Constitution, Article 18 section 5(a) - Grant extension or renewal - Approval by voters - Term: No municipal corporation shall ever grant, extend, or renew a franchise, without the approval of a majority of the qualified electors residing within its corporate limits, who shall vote thereon at a general or special election; and the legislative body of any such corporation may submit any such matter for approval or disapproval to such electors at any general municipal election, or call a special election for such purpose of any time upon thirty days' notice; and no franchise shall be granted, extended, or renewed for a longer term than twenty -five years. PROPOSED ACTION: At the December 16 meeting, the Council will be asked to approve a resolution calling for the March 3, 2015 City Council election. At this some meeting, the Council could consider an Appendix 6 - Electric Franchise APPENDIX 6 -1 ELECTRIC FRANCHISE TO PUBLIC SERVICE COMPANY Section 1 Grant of Franchise Section 2 Term of Franchise Section 3 Terms Applicable to Successors and Assigns Section 4 Regulations of Grantee Section 5 Interruptions in Service, Repairs, State Regulations Section 6 Right to Generate and Transmit Electricity Section 7 Rates Section 8 Electricity Provided to City Section 9 Franchise Fee Section 10 Election, Acceptance by Grantee Section 11 Repeal of Other Ordinances Section 12 Publication SECTION I GRANT OF FRANCHISE There is hereby granted by the City of Owasso, a municipal corporation of the State of Oklahoma, (hereinafter referred to as the "grantor "), unto the Public Service Company of Oklahoma, an Oklahoma Corporation, its successors and assigns, (hereinafter referred to as the "grantee ") the right, power and authority to use the streets, alleys, avenues, ways and other public places of the grantor, as now constituted and as it may be hereafter extended, for the purpose of building, equipping, maintaining, extending, owning and operating a plant and /or system for the manufacture and /or distribution and sale of electricity for lighting, heating, and power purposes as electric energy may be put, in and to the grantor and to the public generally, and to transmit electric energy over high lines to cormections and systems in other localities with poles, wires, conduits, substations and apparatus necessary and convenient for such system upon, across over and /or under each or any of the streets, alleys, avenues, ways and other public places and grounds. (Ord. No. 411, 12/19/89) SECTION 2 TERM OF FRANCHISE All rights and privileges granted by this ordinance shall extend and be in force between the grantor and the grantee for a term of twenty -five (25) years from and after the acceptance of this ordinance, as hereinafter provided. (Ord. No. 411, 12/19/89) SECTION 3 TERMS APPLICABLE TO SUCCESSORS AND ASSIGNS All provisions of this ordinance and franchise which are obligatory upon or which inure to the benefit of the Public Service Company of Oklahoma, shall also be obligatory upon and shall inure to the benefit of the successors and assigns of the Public Service Company of Oklahoma; and the word "grantee" as used in this ordinance shall include and be taken to mean not only the Public Service Company of Oklahoma, but also its successors and assigns, for which assignment consent is hereby given. (Ord. No. 411, 12/19/89) SECTION 4 REGULATIONS OF GRANTEE Grantee shall have the right to make and enforce reasonable rules and regulations for the sale, delivery and metering of its electric energy and the conduct of its business, and may reserve in such rules and regulations the right to disconnect service to customers whose meters, wires, switches, or appliances are found to have been tampered with, or who have failed to pay for electricity, and to enter upon the premises of its customers at all reasonable times for the purpose of inspecting, repairing or reading meters Electric Franchise /Page 1 -3 Appendix 6 - Electric Franchise or for removing wires, meters, switches or appliances. Provided that such rules and regulations shall not be in conflict with law or the rules and regulations from time to time made by the Corporation Commission of the State of Oklahoma or by other regularly constituted regulatory authority. (Ord. No. 411, 12/19/89) SECTION 5 INTERRUPTIONS IN SERVICE. REPAIRS STATE REGULATIONS A. The grantee covenants and agrees in consideration hereof that it will maintain electric service in and to grantor under the rules and regulations imposed upon it by the Corporation Commission of the State of Oklahoma or by other regularly constituted regulatory authority. But in accepting this franchise and contract, the grantee does not .guarantee continuous service at all times and shall be relieved temporarily from its obligations to furnish such services continuously in case of any injury caused by act of God or by the elements, or strikes, or lock -outs, or by any temporary breakdown or failure of machinery, transmission lines, appliances and apparatus, or by other causes beyond the control of the grantee; but it does agree in such cases to exercise proper diligence in repair of such machinery, transmission lines, appliances and apparatus and to resume operation of same without unnecessary delay. B. The grantee covenants and agrees that it will indemnify and hold the City of Owasso free and clear of any claims for damages or otherwise caused by the negligence of the grantee in the construction or operation carried on hereunder. But it is understood and agreed that in the event of claims being presented or prosecuted against the city the grantee shall have the right to defend against the same and to settle and discharge same in such manner as it may see fit. And to this end the city agrees to notify the grantee of such claims and to furnish to it such information and assistance as may be necessary in the defense hereof. (Ord. No. 411, 12/19/89) SECTION 6 RIGHT TO GENERATE AND TRANSMIT ELECTRICITY In performing the terms and provisions of this ordinance, franchise and contract, the grantee is hereby given the continuing right, privilege and option to manufacture the electric energy within the corporate limits of grantor, or to transmit the current over high power lines from the other plants and to distribute the same from central location at proper voltage; together with the right to transmit electric energy from and /or through the city to other localities. Grantee is authorized to allow others, having a permitted right granted by the city, to attach facilities to its poles and structure on such conditions as it deems just and reasonable; provided, should the parties be unable to agree, the city council of the city shall determine such conditions as are just and reasonable, which shall be binding upon all parties. (Ord. No. 411, 12/19/89) SECTION 7 RATES During the life of this franchise and for and in consideration of the acceptance hereof by the grantee, it is agreed that the grantee may charge and collect from the grantor, its inhabitants and the consumers therein, a rate or rates, which shall at all times be compensatory and reasonable, subject to such rules and regulations as are now in effect, or that may hereafter be lawfully made by the Corporation Commission of the State of Oklahoma, or by other regularly constituted regulatory authority. (Ord. No. 411, 12/19/89) SECTION 8 ELECTRICITY PROVIDED TO CITY During the life of this franchise grantee will sell and deliver to grantor all electric energy used by it for the lighting of its streets and in pumping water necessary for its municipal water and sewer plants and systems. (Ord. No. 411, 12119/89) Electric Franchise/Page 2 -3 Appendix 6 - Electric Franchise SECTION 9 FRANCHISE FEE From and after the approval and acceptance of this ordinance, the grantee shall pay, and in consideration of the granting of this franchise agrees to pay, to grantor as a franchise tax, and as a compensation for the right and privilege enjoyed hereunder, a sum equal to two percent (2 %) of its gross receipts from the sale of electric energy within the city, payable monthly on or before the 20th day of each month, on such receipts for the preceding calendar month, which tax shall be in lieu of all concessions, charges, excise, franchise, licenses, occupation, privilege and permit fees, or taxes, except assessments for special improvements and ad valorem taxes. (Ord. No. 411, 12/19/89) SECTION 10 ELECTIONS ACCEPTANCE BY GRANTEE This ordinance and franchise shall be in full force and effect from and after its acceptance as hereinafter provided, upon its passage, publication and approval by a vote of the majority of the qualified electors residing within the city, who shall vote thereon at a special election called under or pursuant to the provisions hereof; and if this ordinance fails to be so approved at the election, it shall be wholly void and of no effect. The mayor of the city is hereby authorized and instructed to call by resolution such election in the manner and form provided by the laws of the State of Oklahoma for the calling of special elections, giving such notice and preparing such resolution, ballot title and call therefore as provided by law for the purpose of submission to the qualified electors residing within the city the proposition of approval or refusal of this ordinance and the franchise hereby granted; and the proper offices of the city are hereby directed to do all things that may be necessary for holding of the election and for the submission of the question and shall, in all things, comply with laws of the State of Oklahoma, in the designation of the day, month and year of the election, the hours of opening and closing polls, the voting places within the city in which the election shall be held and the proper persons within the respective precincts of the city for the purpose of holding the election. It is understood and agreed that in the event the franchise be approved at such election the grantee shall within thirty (30) days after the result of such election is declared as provided by law, file with the clerk of the city an acceptance in writing duly executed according to law, accepting this ordinance and franchise. SECTION 11 REPEAL OF OTHER ORDINANCES Upon the filing by the grantee of the acceptance of this ordinance as hereinabove provided, all rights, privileges and obligations of any other ordinance and franchises, or portions thereof, under which the grantee may now be exercising its privileges of use of the streets, alleys, avenues, ways and public places and grounds in the city and particularly Ordinance No. 72 of the city and all other ordinances and parts of ordinances in conflict herewith, shall be and thereafter remain cancelled, annulled and repealed. (Ord. No. 411, 12/19/89) SECTION 12 PUBLICATION This ordinance shall be published within fifteen (15) days after its passage, in a legal newspaper of the county, which newspaper has been continuously and uninterruptedly published in Tulsa County, Oklahoma, during a period of more than one hundred and four (104) consecutive weeks immediately prior to this date and to the first publication of such notice; and which newspaper has had during all of that period and does have, a paid general subscription circulation in Tulsa County, Oklahoma, and which newspaper has entrance into the United States mail as paid second -class mail matter. (Ord. No. 411, 12/19/89) Electric Franchise /Page 3 -3 ordinance establishing the new franchise agreement and a resolution to include the franchise agreement proposition /ballot language for consideration of the voters of the City of Owasso. AEP /PSO is expected to share in the expenses the City of Owasso will bear for the cost of the March 3, 2015 election. The City Wit out Limits. TO: The OPGA Chairman and Trustees Owasso Public Golf Authority FROM: Chris Cook Bailey Ranch Golf Club — Golf Course Superintendent SUBJECT: Recommendation for OPGA Equipment Lease to Purchase DATE: November 7, 2014 BACKGROUND: Meeting customer expectations is foundational to the success of any golf facility and Bailey Ranch is no different. There is no shortage of options for golfers in Tulsa, therefore, it is critical that course conditions at Bailey Ranch stand out among the competition. Customers expect the tees, fairways, and greens to be in excellent condition at all times, and it is vital that we meet this expectation to be successful. Mowing these areas multiple times a week at heights ranging from 1/8 of an inch to two inches requires our equipment to be accurate, to the thousandth of an inch, and dependable on a daily basis. Due to harsh working conditions, and constant use throughout the growing season, golf course mowing equipment has a relatively short life expectancy of 4-6 years. The age of our current fleet ranges from 7 -18 years old, and has become increasingly unreliable over the past several years. Additionally, manufacturers are only required to produce replacement parts for 10 years past the manufacture date, causing replacement parts to become increasingly more expensive and difficult to find. During FY 2012 -14, examination and analysis of the current mower fleet became a priority due to several factors: increasing age of the fleet, reductions in efficiency and reliability, and a sharp increase in repair costs (man hours and replacement materials). The following chart illustrates the increase in replacement parts associated with maintaining our aging fleet: Cost Trends for Equip. R &M $50,000.00 540,000.00 $30,000.00 ■ Component Failure $20,000.00 ■ Normal Wear & Tear $10,000.00 $0.00 FY09 FY10 FY11 FY12 FY13 FY14 BID PREPARATION: After all options were considered, it became apparent that a lease to purchase agreement for the needed equipment could provide the best cost benefit to Owasso taxpayers, members, and guests of Bailey Ranch Golf Club. Due to the fairly short life expectancy of this equipment, the purchase of one or two mowers each year would not maximize efficiency and reduce expenses. Leasing all needed equipment at once with an option to purchase allows the grounds department to immediately reduce repair costs and mower down time while increasing staff productivity. BID PROCESS: Specifications were prepared and sealed bids were requested from vendors for 11 pieces of mowing equipment, which include: one (1) riding greens mower, two (2) walking greens mowers, two (2) tee mowers, two (2) fairway mowers, one (1) surrounds mower, one (1) contour rotary mower, one (1) zero -turn rotary mower, and one (1) tractor mounted pull- behind rotary mower. Advertisements for bids were published in the Owasso Reporter on October 23 and 30. Three vendors responded and sealed bids were opened on October31 at Owasso City Hall. All three bids met the minimum specifications required for consideration. Bidder Total Lease Payments Luber Brothers $303,496.80 Professional Turf Products $311,343.00 P & K Equipment 349,333.80 LEASE TO PURCHASE CONTRACT: Luber Brothers submitted the low bid with total payments of $303,496.80 over the 60 months term of the lease. The bid includes a total of $299,772.00 for the mowing equipment, less $20,000.00 trade -in value for old equipment, plus interest of $23,724.80 (3.25%). The lease to purchase creates ownership equity in the machinery at the end of the contract period which could be applied to future leases and /or equipment purchases. FUNDING: Funding for monthly lease payments of $5,058.28 is available, in the OPGA FY2014 -15 budget. RECOMMENDATION: Staff recommends approval of a lease to purchase contract with Luber Brothers for a Jacobsen eleven (1 1) mower fleet with 60 monthly payments of $5,058.28 for a grand total of $303,496.80. ATTACHMENT: Bid Proposal Submittal - Luber Brothers BID PROPOSAL - SUBMITTAL PAGE EQUIPMENT LIST FOR BAILEY RANCH GOLF CLUB The following list details the machinery to be included in base bid. The total cost of each unit should not include any trade in value or financing. ITEM NO TYPE OF EQUIPMENT COST PER UNIT TOTAL COST 1 1 Riding Greens Mower $_ 7 S, � 0 i> $ j `�', � (5 o UNIT VALUE 1 2 2 Walking Greens Mower $ © v o $ (y c,00 3 2 Tee Mower $ 6U $ $c6r X01) 4 4 2 Fairway Mower $ 6q, r S_00 $ 10 l, O d rg _ % r 1_1 (9 0 5 1 Surrounds Mower $ 501 P7yo $ 0 000 6 1 Triplex Rotary Mower $ 2111 1 q-1 $ :Z JIq-7 Z, 7 1 Zero -turn Rotary Mower $ $ y S 00 F 8 1 Pull- behind Rotary Mower $ 1'5)q 0-0 $ I S)q 0D TOTAL COST OF EQUIPMENT $ [[l CURRENT EQUIPMENT LIST TO BE TRADED -IN ITEM NO TYPE OF EQUIPMENT UNIT VALUE 1 3 Triplex Greens Mower $ z 0r ;,0 2 2 Tee Mower $ c9 C) 0 3 2 Fairway Mower $ 4 1 60" Zero -Tum Mower $ S 0 d 5 1 Contour Rotary Mower $ % r 1_1 (9 0 [[l 6 1 72" Rotary Mower $ 600 7 1 Skid style Vicon Spreader $ 100 8 1 Reel Grinder $ 100 9 1 Pull- behind Reel Mower $ -)00 10 3 Toro Triplex Spiker Attachement $ -3SD TOTAL LUMP SUM FOR TRADE -IN $ 'v. 000 Total Cost of Equipment The total cost of equipment included in base bid. Total Trade -in Value The total trade -in value of current mowing equipment. Net Cost of Equipment The net cost of equipment equals the cost of equipment minus the trade -in value of current equipment. Interest Rate The interest rate used to finance the net cost of equipment. Monthly Payment The monthly payment shall be calculated using the net cost of equipment, multiplied by the interest rate, stated above, amortized over 60 months. $ z(', 9, -7'7 ti - -),U. & ra o $ _'79,r77a. 5• zS $ Sd S` 7_. 2Ff Bailey Ranch Golf Club shall lease to purchase the mower fleet, as described above, for 60 monthly payments of $ ,� ISSN. for a total of 1 3pt ��(� , g0 I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal - Submittal Pages. NAME OF COMPANY SIGN URE A TITLE 5 2aq (?Aee —e, U ADr-SS °17a- 3/3- -,2o PRONE NUMBER 12 017h'. City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Cliff Motto Emergency Management Director SUBJECT: Budget Amendment Multi- Hazard Mitigation Plan Grant DATE: November 7, 2014 BACKGROUND: On January 23, 2012, the City submitted a grant application to the State of Oklahoma requesting FEMA funding to update the Multi- Hazard Mitigation Plan. The estimated project cost was $77,943.33. Notification was received on July 11, 2013, that the City's grant request to FEMA had been approved in the amount of $58,457.00, which covered approximately 75% of the total cost of the Plan update. The City contracted with INCOG to prepare this Plan update, and we were able to use our annual INCOG dues to cover the 25% match requirement for the grant. After the grant was approved, a committee was formed to provide input in the planning process of the Plan update. The committee included City department directors, outside agencies, private citizens, and Owasso Public School System administrative personnel. FEMA required that the school system be part of the Plan in this update. During the update process the committee held meetings and sent out public surveys in order to gain input from the community. Once the committee's work was completed, the proposed Plan update was brought to a public hearing on December 3, 2013, at the City Council meeting. The Plan was then submitted to the State of Oklahoma and to FEMA for approval. The City received approval from FEMA pending City Council's adoption of the Plan. On July 15, 2014, the City Council approved Resolution 2014- 06, a resolution adopting the City of Owasso Multi- Hazard Mitigation Plan Update 2014. This Resolution was forwarded to the State of Oklahoma and to FEMA in mid -July, 2014. The City of Owasso received approval of the Plan on August 4, 2014, from FEMA and the State of Oklahoma. GRANT FUNDING: This is a reimbursement type grant. A cancelled check must be provided in order to receive the grant funds. The Emergency Preparedness Department must expend $58,457.00 covering 75% of the total cost of the Plan update and then claim reimbursement from FEMA through the Oklahoma Department of Emergency Management. An invoice has been received from INCOG for this amount. The City's annual INCOG dues will serve as the 25% matching requirement for the grant. The grant was originally approved by the council during FY 2013 and is not included in the current FY 2015 budget. RECOMMENDATION: Staff recommends that City Council approve a budget amendment in the General Fund increasing the estimated revenues by $58,457.00 and increasing the appropriation for expenditures in the Emergency Preparedness department by $58,457.00. ATTACHMENTS: Letter dated August 4, 2014, from FEMA approving the Multi- Hazard Mitigation Plan Letter dated September 24, 2014, to Oklahoma Emergency Management RE: grant close out Memo dated October 1, 2014, from Oklahoma Emergency Management RE: grant close out Fttkrd Rnioxal GmW '7a D m�Txta rros e SION, 3:37Pr" FEM1"1 August 4.20N Ms. AmaieMack -Vest Oklabom Deparboent of ammWxy Management P.O. Box 53365' Oklahoma City, OK 73152 -3365 RE, Approval of &e C* of Owassq Oklahoma Multi lurisdicdonaC hazard UW4W ion Plan. HMGP-. FEMA- 4078- DR-OK; #114 Dear Ms. Mack Vest This office has concluded ilx review of.ffie referenced plan, m confomanee with the Final Rule on Mitgatior Planning (44 CFR Part 201.6): This plan identifies the following pattieomu on Enclosure A as being included witbm This plan Upon reviewing tics plan using the guidance, "Multi-Hazard. Mitigation Planning Guidance under ft Disaster b itigation Acct of 2000 "; we are pleased to pmvide our approval offts plan in meeting the crituda, set : q ,11 y this Agency: B receiving this approval; City of Owosso; Oklahoma, and the additional listed jurisdic66ins,.retains eligibility for the Hazard Mrtigadon Giant Prog. and Pte-Disaster Miitiption Giant PmV m for the nextfiveyears fionr the date of this letter, expiring on August 3, 2019. . This approval does not demonshtate eligibility of pre- approval ofprojects contained in this plan, This office has provided the enclosed local Hazard Mitigation Plan Review Crosswalk; with Reviewer's Comments, to assist the communities in refining their plan further. PWMftdvm the ref*eneed entities of this approval, If you have any questions, please contact But Moore, Community Planner, at (940) 899-5363. Sincerely, Dir —Zepuv C/ _.. Admire r/ ----------- _ finance erer Risk Analysis Branch Chief Pur0wirig NO S Enclosures ke"ime EM Csxir cc: Danielle Brown, R6 -MT -HM Rcc wcIry' OPS Supp Training AUG 112014 Haz/Mat OKLAHOMA Vol EMERG. MGMT, www£ema.gov CITY OF OWASSO 111 N Main St Owasso OK 74055 September 24, 2014 Annie Vest Oklahoma Emergency Management PO Box 53365 Oklahoma City, OK 73152 -3365 . RE: City of Owasso Hazard Mitigation Grant Closeout Grant Number FEMA- 4078 -DR -OK -004 Dear Ms. Vest The City of Owasso has completed its update of, its hazard mitigation plan. The plan was approved by FEMA on August 4,2014; The City completed the plan update with a HMGP giant; grant number FEMA- 4078 -DR -OK -004. The City is requesdng the grant be closed out and receive.payment of $58,457.00. The close out documents are attached. These include the FEMA approval letter, the 75 -25 expense summary spreadsheet and the supporting invoices. Should you have any questions or comments, please call me at 418 -272 -3828. Sincerely,. Clifford Motto Director, City of Owasso Emergency Management - Attachments Page 1 of 1 From: Dewey, Donnita [Donnita.Dewey @oem.ok.gov] Sent: Wednesday, October 01, 20141:04 PM To: Motto, Cliff Subject: City of Owasso, HMPU, FEMA- 4078, 004 - Additional Information Required Attachments: HMA Project Planning Close Out Log 7% to juris 10012014.docx Importance: High Clifford, Good afternoon. My name is Donnita Dewey and I am your Hazard Mitigation Close Out Specialist reviewing your project. I am attaching the HMA Project Close Out document that shows we need cancelled checks that match the invoices that you sent in to Mrs. Vest. 1 cannot move forward with your close out review without this documentation. Also, can you please review the HMA document and verify all information is correct? If you have any questions or concerns, please don't hesitate to email or call me. I look forward to assisting you with the close out of your project. Thank you for your assistance, Donnita Dewey Hazard Mitigation Specialist Oklahoma Emergency Management PO Box 53365 Oklahoma City, OK 73152 DonWita.Dewey@oem.ok.gov 405 -521 -3087 Office 405 -517 -5269 Cell Q OEM logo — blue - 072007 copy file://C:\Documents and Settings \ginger_williamson \Local SettingsUemporary Internet Fil... 11/5/2014 HMA Project Close Out Log Disaster #: 4078 Project #: 004 Jurisdiction: City of Owasso POC: Clifford Motto POC Address: 111 N Main Street POC Title: EM Director City, State Zip: Owasso, OK 74055 -0180 POC #: 918 - 272 -3828 POC Email: cmotto@citvofowasso.com POC Fax: 918 - 272 -1599 Planning (7 %) Hazard Mitigation Plans ® Close Out Request Letter on Letterhead ® Close Out Initiated ® Project Completion Date ® Man — Hours (Match and /or in — Kind) ❑ Paid Invoices with Cancelled Checks ® Breakdown of expenses according to FEMA Line Item Budget ® Copy of the Completed /Approved plan Page 1 of T ut Limits. TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Final Plat - Hickory Creek II DATE: November 7, 2014 BACKGROUND: The City of Owasso received a final plat for review and approval of the Hickory Creek II development. This development proposes twenty -three (23) lots in three (3) blocks on 7.6 acres of land. The applicant wishes to plat the property for the development of a single - family residential subdivision. This is phase II of the Hickory Creek development. The subject property is located at the northwest corner of the intersection of E 66th St North and N 1291h E Avenue. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North (Agriculture) Undeveloped Residential Tulsa County South A rculture Residential N/A Tulsa County East A culture Undeveloped Residential Tulsa County RS -3 West (Small -lot Residential Residential City of single - family Owasso residential SUBJECT PROPERTY /PROJECT DATA: Property Size `; 7.6 acres Current Zoning , RS -3 Proposed Use Single-family residential Lots /Blocks 23 lots in 3 blocks Number of Reserve Areas ` 3 Within PUD? PUD -10 -01 Within Overlay District? None Water Provider Rogers County Rural Water District Applicable Paybacks /Fees " Storm siren fee of $35 /acre, Elm Creek Sewer Payback of 1,580 /acre Streets (public or private) Public Streets ANALYSIS: PUD- 10 -01, approved in March of 2011, allows for this development to have smaller lots than would be allowed by standard zoning (50 ft wide rather than 65 ft). The Hickory Creek 11 development would be accessed with an entrance from N 1291h E Avenue and would connect to the original phase to the west. A one hundred (100) foot Grand River Dam Authority (GRDA) utility easement lies along the eastern side of the subject property. Appropriate utility and drainage easements are proposed throughout the plat that will allow for the movement of stormwater and the placement of utilities to serve this development and future developments in the area. 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 City of Owasso will provide sanitary sewer service, with water provided by Rogers County Rural Water District. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee (TAC) reviewed the final plat for Hickory Creek at their regularly scheduled meeting on October 22, 2014. The TAC comments have been addressed by the applicant. PLANNING COMMISSION The Owasso Planning Commission will review this item at their regular meeting on November 10, 2014. ATTACHMENTS: Final Plat - Hickory Creek 11 Area Map Aerial Map FINAL PLAT OF HICKORY CREEK II�w AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA A PART OF THE E/2 OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST 7.607 ACRES, 3 BLOCKS, 23 LOTS,fm°xx"n"u' RAUSCH CO O LE M AN HOMES ,xmnu..a.w, my Itin�9„ a ww1 w,nm.wvw w ,;2_1 no.vxux¢w mw wi I . -i 1 -_. �) I � � �I 1 I nul>"Hro4 �� umruul!miN4rtIIID Dm m1_��a{oP. rov Pari>rt I ICI I III � I � � � 11 1' I � 1 rPUxxm.Erwulauls ..._ —.• r'd rr�'- _.... _ — ec_ yflluxlevt3umoe LE� y� nm WPINAtE � w tl � pw H w2 � &W:3 � w C N 'A py ISb ,n FAYwn E" inn - Lo' IN .!c 1➢IS w!s - LoIJ ml3 Y` mn iM4 4 Nro nCMS Io1P mIJ ml3 lOr! S I ml lob rocs � wle � 1m3 rocs tole R �— ��— Ix �HI — YfTR L141F04MWKKM1 RSfA¢ cc ,. 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Fve a aK g /Lams /. awa.aNmA C Tull R R s mvsYr L Crofton T zY,sa;c.. 4w "P m'N:xvNewa Loullal uPs uw Iw V v1gi.°fM1anvex u VROLOUR 1 [BOG WDw ¢'W.biH6 N6L NHL w wM.M NM,n 1MY srw�wr. v4a, sew m+urx u v. u n nim m wweu nw, D xawAUOICNn19N �IIRltYOR/4N I INE£A��7RN INS uu`m`ri `w:Nu I . -i 1 -_. �) I � � �I 1 I nul>"Hro4 �� umruul!miN4rtIIID Dm m1_��a{oP. rov Pari>rt I ICI I III � I � � � 11 1' I � 1 rPUxxm.Erwulauls ..._ —.• r'd rr�'- _.... _ — ec_ yflluxlevt3umoe LE� y� nm WPINAtE � w tl � pw H w2 � &W:3 � w C N 'A py ISb ,n FAYwn E" inn - Lo' IN .!c 1➢IS w!s - LoIJ ml3 Y` mn iM4 4 Nro nCMS Io1P mIJ ml3 lOr! S I ml lob rocs � wle � 1m3 rocs tole R �— ��— Ix �HI — YfTR L141F04MWKKM1 RSfA¢ cc ,. ISS Pun t '— __ -- f °A11 a!raA[MF,Axf uxolRwsto .ImlurwsllL,Ix.woroRSMO _ —_ —.... —.._ LaNmPUDSIArt ,onms_DArar__�wv,nPDxvun �` __ I } PiiFMfO51EN1FNIkUF .P.(�IOML[,ynMll0Af i10.±HYIiU10.FYN! ur __��___ 1011 A.' 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STREETS, EASEMENTS AND UTILITIES A, PUBLIC STREETS AND GENERAL UTILITY EASEMENTS MtN' rNIWMId {•RlntreiNUIRtOMNNIKIGXRIS WS ramxMl Sd:R rzMa�wusuo ra D W nuuwxnu nxlmmaeu(pWUnv4wuuA ' wvMln wuXxr, WA rR kYLW WNa43R(PYIIPIXM4G4lu % m.MMMG, 1!IUVW',A!%NMGMSIaNNW-0G IM.VLillI31r1113ND WAIK VIXIN3DMUMp SI WANMtl14.t WnUr11VAAf.(wMOMMO [ONNVFTAn W LVd(IU01%NIOIOAt +xAR 1mRU W Owf LL 6M1MS(WAItAUR3MO V W 11(IN W IxM((0.TMdNIMNt nmxq vx1ua14 mf Iau mus o9.W ns, nruvunt umµ Am IWD4w11ni Win3WI1llLa3AWA aHANNAUXNNIt ry1NI4 NMIMIN4NM1dIP4uUlMD(4u5t IOAXD LY IN1Mt� 141AVATa /CTJPYnI[M1,(W lx(n']Tn[wM%xDJ,1ONUD IOA(nRRI1 DAMyT4N (d(RKRaYnllapMOfM114111tAV114U45 rwuxN( a! naLellox .f(mnMwb.xrlNlcuunwwAnRAVym SIWERkM %RIaMIULWIi1aUW IX(Mi IW OAAINn \Vd1A MWV WMRSALL51AYInt LaTIWR,Nt(d(aiWHLSMAIIN Ywxaxrux Ima+mAxnvwluwld%umuMlPnol gYNw,DN W gNAY➢MFSWIUidMYNIIRfOV W nkM( MAi1rNW MrDnmuuwxnamMaxmuro3vunlzrw pp W i:L\gSwaU1E00MU WrnMi11GN4UNID Oe11AURpM MLIwnx1U3N11pIM [4P1Y11VAMU1RMnn1(CD mvAam wmvruaNNgx(vap I4TYAmplxO (VflGlatl(PlIX1W I[gSMVWUUMIIW WI(dl{MWEAY aN8K11N. B. UNDERGROUND SERVICE IRIN WUkUY1SwrM1nAl10 N'lIM NH 1fY Vl1rXtW MIMa IW nv( mz«LaurtwlllrousaslA'm+lavuuwnoer avxu 4rx oaw W Dwnnwu Im 11YMxv3nbdfNM 3U ww+rpu NlvwnrwmlXwpmlmAx,nMxa.5,du1 mlvwMUp(J4IMSIGUU IaenewauvW r10(vra uxsuTSdaulrvracMlNlunmuMV LSAwalMwllsa wualMrvwl(mlmuamlDW mLU(aArAmW nu. uRa{ KwlwsAmrRlxuawvyAklwtta3wnrAluldm4r \a1.I4n 4wILb 4ldnlOMM[w WML I wf{ IGAd4B3UM1UPUAmGLLNAY IIMSIDWIIAUL11All x}NX YAYn1IXAlIDMADNMtVUMJM ml(uMIMMM X(M[{Ibb A(UINt3#r1a3w MIVNYdLa NM rdmd nw,taluwuoun4ledMnAwwlmumwauxx srAtrnwuuarul «umvwnxrlm.vw]nlalwlvrmll:t n1N4WNdAYAM Wllwalk+IF(tW IOAIMixtW Mlrlvu.rawvewA «uAYRlvwl Mvwr,.uonworown +alvnattwMlM•mnln4Dnal(waAt axrawu IAYIRXIaIMIm [miNY+A1rMItiMU11XRG]SIIRM(bl axar14wm'rAntauxLmNVlprRwMl(W YAdsum3 IIdnN Q110.VaaMR r0 MlkxMttMMNtMM11INlNM. 3 WII W1wNRi1fUPLIIIUAV(wiil ( lN1VNANO WSkPt((S ImocxosuAMSUOavinrt (vvuMU[lunruuraucrtlo unssous1u1u1MSVma +mnnxArdalwxxa[rmr olov wlluamaamlmlaranwaEa suwmludlarxc. II41PM1e4RMrmmAM KrtrgX diM VNDUW pDAII[RIC mmmtwu nuwvoxaw ruvmlx.Jnluxv nMlewrt uuxt 1. IHOA1SAa MPI WIYWII[n3K16'wlaM[N91(aIW IOIM VM(MANMma1MIJLMRLtYARDOxxSIal AV0.YW11.¢nXl M MI wr41a4aLL fMAVr[a151Aann(MM1mWIlaIM6l0 mlmuxmramnw,lonnwr,wf nmxaeaws I A(FIII[l. lAd xlMaAM IIR%(VWlef Rtl'al>dtladD Wr LWXIIYAAYLa WNWWY IDNWIDISIIRIMDAleA9WIlAY10l pN4R0aaaAlwiaXMlYlliutG V1aaA NIRSiRMID BY A•IIaM(wm4alMAavnaaMUnN( S LIW ni14aAG( anNVNiIUIMINUINYINFuwX'A'YVIIBf MOMI.W (BI fAM 3 W YJM IN M NRNL RII I WjYt wl[ nunulaa4ttu"aAm rv(oulnarAMlmwnmmE eovmM9Rr. C. WATER SANITARY SEWER, AND SW RM SEWER SERVICE gran a uwml vwl u ulwmnl la IN r9orzmoxb rx 1 dll[ WAIIR WN YArt1OYWll MATY M'a31dw YMYRIWng1 IA4tOf. L MINNIMN4MU4RItMMVSWw (DUIMA([W1NIM4NA1, M{ulWlaxa4Na W da3an(NIRS4ME(WIOW RM1lup 4N1m1 Wewn «1arMwuw+rouaAlvYawAla Wn WR4YkxU ANT{NID31 Wly{Y.SiSYwUErIaPNlra s. artaarunwupr +Awnsw[usvxxvwluusram((ra wuxuYLVAno43xfa W aK3wruuxarwum4ouenm uwa L4m4M w(onvaxwwwmalvaoA u W umla w(IIIw W rzs (unlDal MnsmAlwnunanu (awAlewurs gN(flAl10R [. rowmluwlr3 (lxoswgnmxrcawaLUGmllrt(wolt 4XVIBf NNMY4FIdlMd 'VAYWmIN41rW Wl11ANa4£tm WMUYWIIA1rgDAVA4 [MNIaAr«1aL%XrAOUM( VAVg5M61DU1welaMd MIMk(Rld uiM301 W llaMt 3. (Areal' b.DGIp4AMDH43wdf40(xxN(Nrll MIE3VAn maxanaMSss 1aa uwarMldrAno wME u<owAmm fUi,OO DAHAP. 51[IW'p.OgAxlnbO(IOa01dUM%I,IaM Wbb3fgMWNF uLMNW0,N41a1XOpAINAY4MY ] anavalWSmusmarlamslmslmluruxrel +rnnvl a. Nwwxn9w1u1nnt9WwmaM,auxoAUarau ( u [aLaStvlwuualuuwvllMwnDlugvloau wlurvnammonll ¢Aaaluvslerue.mmwmwluavaD W MSdiDd DIaUW4lU MtOW.tlk aPoSIV W4 NNMUtlN,AI40.M1SGWNKwAGMmIIYRIa IAaR'W.gMv wennrunmR r. rarwcgxcmnxwnsmaawlwlr4wwx(vuuN ( xwlnmlerlmaarA3 ».alAxoMdm(Ixasatun Ile oAM9au(xw+wtmmu Iavolxnn. mwwr. wnunsalDUnDlo9ra ruucudNUARwuwrta f AYDYIna1OMSIbOM4 %•X LV%YNDN[NINYWLNNeM lalwn vuuwwnrtdvlYUwRA Wlmroxlaau(wum w1uAT]ANDPNa avu »uu(rmsn,mvumisAwAtw.n O. SURFACE DRAINAGE AND DETENTION AREA 1. ntl NUmwMxarXl RRxnoxrwanmrsva wNnwmm X(iMUI(IIW( VAT (a5U%KUr4V1ME(LfdbNANO.dWIJVA a mRL vK<M W3 uw I mw w axl a M+u uNAa uunaR( uISM A41NDN10nNd41u4taVAN134V URNIAYIPoAM 1. EA(NImVWU[INFVmOAW NAYIWAtIAN(014x111 &rK NdL1xDkWAUMa1IMr{gAIaRAW WA144FAlIMIXNGXIN IbY4M4vr+W N111LSM(1fAkI W(AVM[NOIOI ONM.IVWI ( oxslX %lannunaslwnlAalmAnrl:nw,amw alaaW MslnNnrdwwrAxravwxuXMRavuoswm wmNamuouRW xmaLnnrwww(aiuu+sulroRmm ImrA1Ar vrxuleEwwuAV[elAmurtmamlv]ma uo e1 mLana vxASlo, omou E. GAS SERVICE r. mafra +acunArntMYxmlmAwmMronwmlR4m Iwnwnm uartaARRnloutvuwuuuum uwAn wmt wra�u vwrmlmaamxuRR+Ra awulwioR Iu YNS(gatlulllr4 p VIXkGAiIA'Px4PIlNl(1W ANDPoaKN vrmuumW Iu1w11onmt4lnnXAawurvu. t. Ixta.Mra Mwrawuulwm'mram3enrzrnnd IN wa4se WmwlAUnulaAllowMNlalAwnunnniM unruarl.wA «aAwaMU(omedmvummxmN vmWD WI(NIUx11XM[ WfkSM. M(IWMAAq MFa3 NAwafwlla NYMSaµ IMMdPNMIMf(STN(OtfMSa MPLAf90Am MINII«(ONM(Ia3 1. nulalwatwlumsanalxwlm3rNA4ypltxwu NIµUAN1uM [AM54alALA1kAM[(AWIMOM1ni4aM IPrAwn3lmlWamWMr. F. PAVINGMDIANDSUP114GWI7111NTASEMMTS ( A9l0IPM. lA9V111LWiAMI !$ISOAAIIUWMWdOSAROaRIn fAN11M1RRApm3a WFYIXISNxa40 MRNIwIY(Ir]NR0. Mwlw,axuN lMlnuldzlmnoxnxxsuDtivuuna wns«.vur. 3 rr.nm(unNOnm uGwrwwnW Unwuaxwuwn 1dAlmnmlWUnuss4wtaXNnsaw'w Auw W vlua INDN414tiMLTli NfIO[fAYNiMSd WrRtl- wA1.M1[NY VWlwnIn AWMrloq WXSW PIIt W YvM4MVMtl30Atl XOMMRf «It IN(IOI DNX1141JNmf.d NT.N'N YNN M'(IW IOf . AWIUAO•TMDUn. v mla\T: +wraWluuu JeelsWmutrmuruxa D.wwwalu II xOSW1V4Ix01ANkdGtgSD (IIIMXlIL441XItl11InAMAIX <P VUTfHUIfl10 ML Nna41WXOIYA.IA%M 0.1NWbWARA W5 (auW xwpn, awe un\wM a mnal W Nmwmlx rIN wlwMSdmma Ile A•[aurAmw w,n WaxamYRMAI waa.YUnonuewRm riwrxeN «MEI]IxnrslAV(!!wu LM1( N4'NWEwINMI1NW4VYldiYXlLII.fIp3 G, RESERVATION OF RIGHTS IN COMMON AREAS IRESERVE ARFASANOt➢lERIANO DRAINAGE FASEMEN[SI 1. WI'MIIIRNIpZNM01MGrW'WVW M{nP4Mtlll,«OIWW i1LLMlMIIWMm WwIGYY3MNOPXM[fWAIDY4w NAYAYxR aMYA'![bNllwN.lf, ROl %AIRA.N'JOM•Vnnr ;W 1Y4[A fff+NtD1MAl YX11NUN )Y{4llIRIAIf00[NIIIAI/AYXfAWA4 IOUxvxDAVUEIaNtlurvwruivu lada(aAAaYINu u[sanuuu v WIIAR .NA«Y4MNVYID «IN(Sa0M1dSlNY(4V WYN MROWNNXIAVnOWIN lNWn4w Yw54 NTfa.SDnM AwmRUxunsuw(DVAMmurDla an «oxuw,dWYau A rA1NVlWHWUIMrala Ml4YMla(aYtOJI1 xaYY orzKlxoea .VweLUTAYASUIUImusAmono3lMllmw oxA4w.mvNML(aelvaMluw m. a us(wuWUwdawJZrnlu't4uroun�rwuLu vAaiuvmelra xnar«u(Meu+noxxtuuvxum+. 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ULIGItfvV111id'xVbrWblllX3'S W.rNfM(a1P31W WInKK[xalflDl(wlm WVWX41+5 AUY4"RUTAIIXIf UPK INI e(a ao%PYlgt MN N'(l UNN VGgRRno M31 W LO auwNVAUnAaavaps,IMUrm mew�rAAOIIMI WIN lamwrnoaAY+(+r WaR (drtolxuummma 4.Nf4! 9ylaAROtiMOSMPTn nN1UKN+SYAIt L(UIbA]OVMLM[ PMMmrtnlDrtOUTAXOw0.rM4+f 1x(lfMIf0.YAR Uil H ANMmlowrYnurmrun. vnManMNADUUMIO Wewamswwnuwuunml AnuMW4R(uaulu Starr. lZ MW�1 <PM1YNIaaMt(vA 41004V4u<FINIVNIW'3(DA rP%rAROMR0.3MW WOIICM1ANWfGIIa MIwxnMalM usaxnuumxlnl wxaarwnuaxXl<nwuvto u ISIAe1LLV:DNNIDNAW W.IXMLSIAMfw M(StAIIOrOMXM'A Fmloef rawaealMdmN(WwvsEannlwlennA» 3'lulJVxIRa MI Ia4pvw.M.UwndAxa14nuvUW dsAUrmMOA1IU (rtnxmamaoAramwolalaelMty R1ArttAKVlaurtXlxMbANIW D aAtMaiX[ilf M11A131wA t1 u)IXMWIOIYW1NA4fNN4a MlAIfU[NWII.AW9PLL 3l swmmuvstNllRlolwumxux (4JmYMwlMann (ovuW uwuwe:vurv4uetummNMSloum WnNI OMlItD1Ad M[DM1AiRW bAF114 NLIUI, x lwmlu +unlNOr «MlsPoUU(gwnw+uwn.ewWmarz+ IWN1i WnrAbAlOnntlMOrld511J1(MV AYO MNM[ (pYy1UKrM 31WIN(aAN(I[x1MX01N1Wi. 31 NItOn 3NNlRNRN14YIDIXAXW AYDO!duY[dYglplM.w LVn )S Ww% MAK( SMEIOe [piIIIUNYUnMDAVJDGWUYE11W1 31 NIIADXi 1NDSMlMNUNN[[anLJAb YMnN4(dH4M. 1011UWXIUIXINIL AYDAItUUgttYRalf. n ua GUCr WNwomwmnovol\nMmi(xrUlw•GwnW MtwAa v. nMwnlwwxvu'JOUMIpxalMD�aMalux lmlo ILLSIARAW rWRaM W(310(AIIDOxtWIIOn raA4Ll4ttN VIVI![NIPoNYIUIaIrWIMGAXDfIJ Ab MinflIW N1 <owwxuwwuPlvwuu W1I5nu WIIa.1MOAnR «nN Imvw(uwxvmanovn•unmrou%!um 1 Wuw +mt aR10 RDna M1 WT311u1.R «u11Nl4 piAAG[dSUdtW1. n. uAwnlm3eunvAnAVDD3mwA13vw (uLalwrtnnvAw vuuwmlxlaunwuoenfwnwM( # dI11 +mIMIwS 11!(11 w1NrtXA10.'NW M3[SIAW440RYM[ IdA I[4VJ.mAYMmMFNrt. DECIARAIION STATEMENT - PROPERTY OWNERS ASSOCIATION: 1MnmmDaeulum(ur[na • uu(ovrwNSUSn•Sar GOno Arlldwx(anNUmuroswx <muuvun NIR4W NllxilR 4aunvnxuul W+mla•x%rarulwsulDmvar w +rze rc MtMrluolauunumRCkclA4u]nmsrwsuv ml IDlt41L MIN( nW:NIINNUwllkaax:41a1MMASyaM;nl N9pIW(VrtMIN(rW'.3]DAV31Sa1Xh M11W M[4Nt I4bCMtlf 4n AVM W n AS w['NNI6nN1+wIDVbaM (IU.iW RMFwIIUO Y IRkN W (IUU1ADEkf AIaIfIN1 %H1VlU (WmatwmXLms(o1w1wA SECTION III, FORMATION AND FUNCTIONS OF THE PROPERTY OWNERS AS50CLATION 1. rwwunalMrvaanrMxw4wwpx . mEnwlnnanmu 4MMWHI YHIItNROND4RDUAAaI .r{RfnlptAlwm'N 1EA\IUfiW.1MUYnOf InEfIARb WUtlVAIA WIHNDMNNL+ Sxu1( AaemurowminoA3WU11xlaraowwanrt3ouw TAUarufnweamarup •xwarwaxwanwdrauW MINm W urm�NOxenowMMUVwAr(era3 W 'AUWNKKf.10XL3EWNN0 WN(DgW1 N1MM11ANI3dM uA1EaoDN1a4 E. NUn1(d WON+nOMINA4WA1pN: nXASY(n1 W1WU1L wNID10(UATYRM[(DVA'atl WilA!Nd M[NWiwAVJlo M14nW IKIUAlWMxIUIXVIUXIbAAtOauAWllroNlL N n(NNDJYnRMYl3+M'! s nIf NOHAnoxxM;AUMAiKN wrMtA.TOVa An•RmNw%.(XI oxmM[wwMa W[ROwuY Ivraexmamnlnwmvu nAAU IO(OLOIYMM IMNOnWNRIINd[LWdW AYOAAY 51AYbA«MM[(1 ippN1U,41nlIVt AIInUKASip(NNA MRI[XIAMLIDMtaVM'IRVA51DD.1 Wn5u010M[ WdEFAIMb mM9wnXDUXUpnsx swuNAUMOWmIOAmvuuwn ME Kwsnoun s(a1Mal awl Ma'AIIrwOnaunauumA MLWAl10 VVNI01v{WM NSMnf I%M1Y9%f 0l M5d<WAMI oAVRxnAVJUa.MOwaMWwm sas4Pnmonmf w (ovMUY( WIMXL'NS W/11duiYUnvAM AN.5mID11uX1 raASwWm 1. l MDUwu11wN1wu m[nwuAmrmmw.wlxwmelD uovuu wa mewnwmADwtuminomlunuv G1L SI(W Or, ]J 114V(V'MS1pNLW.1IPQ V[GTRIL:[In 1AtN W1AlAYW 9( dY u010NIV1Y MPNAV IOYEMIG[INtI3WJIOMnMS TXVnx W15t A\C I.WRf[[dWIYMNIAV ! iWlht[f Hip IILYIMWN AY/MMIR.m WR >r,L11fp4PR10NAaAW# rwGloAVUM «AVlslwluluum unx+IlMSAnkuwpua IwfG(IUAlwvnxazlluuwuu Axovx(MIHY.rnnorpu s. ninwnuauuxl Ar «(IAwrt: raw-wvWauWnaM 11RCW.W{aM[ASYALLIWINOnapIgAS Y((N4OnM[ GOAMIGYAtlo iAWNX A4o MibV1 Wip INAYJIII$xMYWYu IXu(MGANOW(aAw1Vl1X11HA 1UJfM54MXrOriR ASSWAMYX«!W IbIMIW WSNIHWMRiO U«H NVpp[1N Ixrnuauwn wm MYaraMYxu«xAAlVdm spun mroMwasfamASwwlauwntrxelplxP a<uuMwHl lwnrn#la Mwu(axwrrnsAw+luvweunf 1oM usaum(dunvxaupumm�oArJMmR W oR Ru«J Awn o. AnralaA +IwM(su[aMUSnmmalMla(uwnar 1MYYIAIWIILMII WOnV WYAN115 +I1W1wYGMIFASnNAY woom. SECTION IV. OPERATION OFTHE PROPERTY OWNERS ASSOCIATION: ASSESSMENTS 5. 1nULLUVtsylNrsrMwlruiweod #IxR wllAnavrpMl AImuA uvwuxnwmpwmudtnulwApcuwruwd urcwntvlxlMµAY(('W RWwIMA.%YW[roMlnwpPS rMramunuala AUnl# Wr(ortrJwddmmruM ulaMUUdMrIllMnulonMavu rueuauwmMUm, rumpMl Yu un uAx wGUxM wm wM m uuxl a A Awwnam nluuumloAUwnMamwll wxrnonAlA Wcwxwrwvmdvwurvaou. J. (PGUpOXi(Nwl MUrmaMUrn\P(«uwLUwNwp rtMAalq W WIAUY.Ignn4{RAINIVMNrtuO+T AYf nNlpXa n[ANMOnn10lV aRNY,(wlrMll[I dA4dIY11L wmlRAWwaannnwana ASWaLmI. m wu+vsa MLMWIDIm [1U(TpRMNW9F1MnAa0,M1Mi{ fLfIMV111NLL1U1S YMDHISYIItt WILL'Ma M101RU W.M ILINNIAU{IplMtI VAMAdi.WlN ltllgNY[SIR0.Ga1p MKiRILLVDRxA01 M, WxgAHRILLR aNM. A (IRINxJItdu2lrGA1MJAl16N%S p1FUWLl'SYOIbM# p M ASSOwIax AVn lla aws +xomn+mu Y.SnI tL V m to NIMA551V11 RASNXRpMf9R WV[a1X(AVMUSa IKOI( DViprFVp1YUWM1aTNA1WIV %41WIAVnIII(AWJ MIIYIV J(OAp/.MMN+MIIWRNIONCAIttIUntµ Xt1U%N41AdM1M(YINM WIRIAH(dpUNSMn OV%UwIM WIiMGSwpYUaSINO WNII#, WI6E PJfMGNItCM V4rlE IManwlmonnAM monuolRalmau.w mx. A (IIfPFLIM(NI M[(PSNA415 AW # SIG (MMIpA1W'L11Pilµ /hO1Nk4MlTSAM A114YAMMMIANNIXIANUIWMISaWAYM11WNI0iNY1 ITSVIMSiPAW VaMMf w(1. nif 4KLW IMNN11NNgl A \U uMU IPIUnIQmaulaxuu «rwrun n ml xamuD.v. In u «IxanulA+l wrvmselorortnAnsunmMwunaw NIAIa xnat xclapmlrJxue(neovnu¢RmraavASSO, olwarusvnlfmrlw +IteTAerau.wlmuwA¢IMaronloa N MgCOY(IlrPM'ARAtMNnAM (aA1M[W AV Wr {JN$Mp4,q WJII(MWTIIxIOnt MEwY. MInnNARtY f4VW AG IGn wULn IRMIrp IOHINtAIN] W lIL ICUBVLt AIIdM!!I!IIANO(W 9r [050. B, VAUOItt VCUIYA OIRILw3f M(wM1YtNYXMIN(rMXLR1AYI AlMmnsxwlumunn MtvuwxmAwllduAa, Wwna mn domuuuRMHnvm lTnlnMxxtxAxYAlraxwsnw wrxnor. WvuwmlaAMddvaLU mwmmwmun unR( rw\ olAwrdlolnM #o!.MAAw.ulM.mrzM((dl paplASNUl lwrurulun «fnonurw.uvlrSOAm.+xWn rcunv WMUkp Wlwwulnwulxluuean.IwR ¢ m, anu AMroAIIGIG ulu tonxHRS(MnnxmmAMOUxAx(m IIGUMiIrAdAVI WIIORA WALUYMNAVMdin, TYNM WrtmAxmurlmxwnuwlfaMla L WMININ MW ( atr( wlswAUllNremnMluwevbowlusArmpxi+ ralwDCUwxmauAwx4ou(nup:5(uW WvpxaAnwuml uwGn,Mw,unAxxwlrue un(enxuRSYwI u uam AlTauluuumT+aoroevYfwm r(uapsa wMJwrAmw:o. InMwA1MG maudundra5w raaMnaxwwAma A11M10i wrARIML'a YIRw�WXINRWw[dV/Ltll lMlt� (baNNl4rpWANN1YY ( d WiAII.NWSUMdAN4[dYWipir SWIIYISFIW URAWAx2Y IX1YWUfMY4RURmININPNMW aMIG«WRaIMtd11YNOSU( HM A10pC4Y AIdAUDNb IAIpXR11M(pUYlY4(IS OIMH(«MY.61wbJAMIrMNMIM (MIAYOWML #(MIUVRGAYRIXN4l00l AM(NOIOII MY NI[ Wu(douxwlmvGHxr,o 0. AMFNOM(NL OR1ExxtINATIN! NRMD W a MFMOSYMIfGMHMp IXMf4[(PiN4YI11G(B[ U(AW(U(-0A SM[oAIMY iAQ!!AN'NR(XY,SGINVN:SWUNA mwxtlpwo lrraonlRUpLnlonROwmveYRUOpIxArnt annubMtalAUMlu[aO o-aMAw Mll V lalll]SDrw ur1A'LVMIY IM(aRX.W:5 r.10kiGYTUNIPYGAVINapm 1IWn \INAINMDMEflmRr(F WfIIVWM WXpNO N)KRtIWlU11MI WtnAdYM nA(IMIY%I Or MIIOIS. WIM( MX (aKK!(anlKlAffi %IIIWpNAINxIiMdTW 4(UnY nnlRiU( MIOeYMaMµIY 'MIaIAWlR3.ap5aANlAWra AI UA511lONNN AYI MQIFJirtIRdrVNMIIWIIIpIInYw(V11U RM[ @NIAt d'SOGMMIMI(d1IX1M(01[ IMd11AUHlhY WNRORM(aMIWa \VgGIRIrnNMW WI6MIdR 01MF (W1d4VHt011AS0A4[iNlra A(IwIdSIIIOf IIR.fAaAStlAi Or LN'LVIM1W'1MAU1NaV4w WUIMLxW WM \Y11 )x0 usludMVUU uml(nxlwuJAnmurwwT n uuoxu, A wusvunYwamlmMwuxlve lalouluwuuNSUnM IualravAYUasmllol. u(duo NAL( #1flIWMW4[IYII.YSN1lIU,WPxn W[W >rA1AlLL1Y f WttlfiwSVMRl11¢I AYISGxML:MA4tMAM1NIIVNIM Q, $LY(xABhI1Y Itl(P5Y[tIM PMOISnxN01AMwDLIpX NMWIYaMJAM4 WdWIxLM'15541110. VAWtf, WTIVINf(1 (JM11U46 LLY,URAId1UA4Y 0.TIKNInY11NMMA 'd'.OIAMrAII U,IYM9 pinftlmlNlOf:WWLYdG(rIY.Ai. n4tP44WrnH4111a W{ M1PiWI( InMNYf f6A40IllOM140.44i5 #IaMON(IIYNpA dGArH41N W.daWEpAW IWAf,OIIriNlll Yf3[.YWIrAI IJ MIWw( 4WLYI fxU4F!0 #rJmiIMAA1XµVU,YHUYALNp A4NIilAlUlf %4lrwMAVtlAMAYUAn5YP5d Nllli(4YMLII py# p# fd# f[( IJ MMMlRINPRIfItR1U45fYAVlIYIIF4Nb 4t dlW4lMYNmYWIMAYf IVAM(l A4NIr0 #OVllIA1MFMaM[ UNFn51[\90GG1MNW15 tG #lSnANAIIpttTXN,Uprl �MlnR(IIOIMwIdlW 4110AIpMGIa .MHfNYWIANMIMiW110A:l AYfillRl, yN[MIMN[44PLNAYIiwIMISYIW WMWMid WFJAdli15. 4amAMfl0lWM16 WnClIOAN S ININ## NSW[M:YYbAYwfllAatAnbAAYMw�wIMY NMIN6I MSUWrMAU41(wlNibWJVtWUA NGY NGMAE[ R AY(Ifl%Ifm.GW MUdIOAfUWMIMNO1lrt.WLn4INCAN ! m rxxuuw(SweMmuwr«rtowwxwwo MAVUAtro f( awldlxmrGUroxwWSroxrYSm (mRM,A�vmnA oanvmoMMUandmwMOUlwup wl.wourur. Sxm RIwJYOxrlMmwetua. rolLNwlulwml JUrIIUPWN #AIm.InwuvvArunxwL m ImalmnAUU45wunuwlamwnprMANpumsn (mlo NNYIXxM VYMwAI1MMrlfll LVmI( YIMA( OI .N9lwalf(VdRIW'(RA4MAlO'[Ylllll nKwVYLL6wlDNlflIdAN UANwulxoluixaussauxkAmrtlmllWxwnAmwnE nl vrtnorwAmuAww ,wTLw+,vnlxawuRArrJnunTUVOr AuuAwartwmlpud'W AwvwMmAMramwlluAGmr vMm(p(fMn'JMA(u { wJMdYV IPlIp1f1AW11. MI At nLnapwf!(IgN n.Vllulax. AYMYrox,m[elv.Alanx Ma4VLRJW (GNAW ONtxlrtlnxm h MSMA1UtAlNSAIIMbIUIIYw tWIWN•JIGHIIAUWYI15r. Or1UUlAOnAnMlIONLIISMatuNMmM WUGMb kl3 WVnMN [AYOlOWA1pSrtVJAM1YAlrWIIIWd10lY MWIUMM uuu(ranHa Mn4crwnapnnernrWYxurmwnam {GgnYpYGYFll YAw1SL WInOWH'MYwMMpn AIA SECTIONV. ENFORCEMENTIVASIDITY,OURRION, lNI1K Wrruuxrw uwASVUbst. AMENDMENT AND SEVERPBItItt 6 VNM wRWIMIVXR: AYISY'llllwpa5W4H W01M afe Hickory Creek II - I - J i � I I I i I 1 I - - - - - -- pxm.nm....._ ...... .......... ............. XrMIF� —• __. .._��Nnnnxmm. nxn.nnn.g.y�.ppNmmmxm.xxxxm.m. imxx n wm i 1 t 400 m � I t { 1000 ft 1" = 752 ft 11/05/2014 5 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. Hickory Creek II u �l 1" = 752 ft 11/05/2014 ",f`' �% T 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. O—T City Wit lout Limits. TO: The Honorable Mayor and City Council FROM: Bronce Stephenson Jurisdiction Director of Community Development SUBJECT: Final Plat - Caudle Center III DATE: November 7, 2014 BACKGROUND: The City of Owasso received an application for review and approval of a final plat for Caudle Center Phase III. The subject property is located between Bank of Oklahoma and Christian Brothers Automotive Service buildings on the west side of Garnett Road just south of 96th St N. The applicant proposes to develop the property with retail uses. SURROUNDING ZONING AND LAND USE: Direction °- Zonin Use Land Use Plan . Jurisdiction Retail CS 1 lot in 1 block Number of Reserve Areas N/A North (Commercial Bank Commercial City of City-of Owasso Shopping) Storm siren fee of $35 /acre; Garnett Regional Detention fee of 30,737 /acre Streets (public or private) Owasso CS South (Commercial Auto Repair Commercial City of Shopping) Owasso East AG Undeveloped Commercial City of (Agriculture) Owasso CS West (Commercial Retail Stores Commercial City of Shopping) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size - 1.06 acres Current Zoning CS - Commercial Shopping Proposed Use Retail Lots /Blocks 1 lot in 1 block Number of Reserve Areas N/A Within PUD? OPUD 02 -01 Within Overlay` District? No Water Provider City-of Owasso Applicable Paybacks Storm siren fee of $35 /acre; Garnett Regional Detention fee of 30,737 /acre Streets (public or private) N/A ANALYSIS: The final plat for Caudle Center Phase III provides one lot for the development of retail shops located between Bank of Oklahoma and Christian Brothers Automotive on the west side of Garnett Road. There is an existing mutual access easement (MAE) recorded on the Christian Brothers property immediately to the south of the subject tract for the purpose of connectivity and fire access when the subject property develops. The subject plat shows a MAE across the entire front of the property. An additional smaller MAE is being recorded by separate instrument on the Christian Brothers property essentially making the existing MAE six (6) feet wider to ensure both MAE's line up correctly. Perimeter and interior utility easements have been provided allowing utility companies adequate access to provide service and maintain service to the proposed development. The City of Owasso will provide sanitary sewer and water 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 outlined in OPUD 02 -01. The proposed commercial use for the property conforms to the land use prescribed under the 2030 GrOwasso Land Use Master Plan. The property is subject to all applicable paybacks as defined in the above table. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee (TAC) reviewed regularly scheduled meeting on October 22, 2014, the applicant. PLANNING COMMISSION: the final plat for Caudle Center III at their All TAC comments have been addressed by The Owasso Planning Commission will review this item at their regular meeting on November 10, 2014. ATTACHMENTS: Area Map Aerial Map Final Plat, Caudle Center III Caudle Center Phase III 1" = 376 ft Final Plat 11/04/2014 { } 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. Caudle Center Phase III 1" = 376 ft Final Plat 11/04/2014 1 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- D-4 a, 0 C A U D L E -Nizn1^Bn w.wn xa «av .uww - - 8UAV6Y04 q BIIICWIIIR e0RV6YPIG v.0. 9oz Alv lliC. 0 Bc21o)e OWN , ON 74055 OBA60 OY. p1055 (BI) Y] ur CLRnflC1TL OP 1VTtlOx1]ATION N0. PEiS .1o. G vOSs exoxB: (91a) En -a05 RPxenu BArL:. sB. sale i vscwemc FINAL PLAT CENTER PHASE APART 0[ RE jGSi W.T RNN (HE.A) .1 .0 . 19 O.P.U.D. No 02-01 1 Lot in 1 Block 106 ACRES Z Of CS __ _ m occ am®TeTa on, oTLn�/osvnot>9T; one . w.wn xa «av .uww Le N%, 405o ROA o r Bela 1tm gym'• LI.0 w w,avr,wwo «...m nt w,wrvma, wa« - AVJJP.. ogANOUA'/ e x >s -AOLO v.0. 9oz Alv C.tlom Ru.W1,11 OFL CLrzllPlure OF etnxOVUnOx x0. n 0 RLx8116 oAm IVNL sa. xo15 .1o. G vOSs exoxB: (91a) En -a05 mmaxwwa mam.x sertcwwewra lu. __ ------ IL mr mrrt re «x.n r.uem. I I I "1,1r'ul an w a..wau Ml CERTIFICATE OF OWNERSHIP j! xvmwrc «m « «x.m ns w.w_ro.. wnuu mrr, ssva xvam won,nrr[v+[r wMiuwn«uerve mma uerssr wn¢vsamrw rumaw nwmr ',. -.. in m. F r�oT _______ I I I I I I Ii I I I' II jsiI a, Iv II 1° I I I I 1 it I I I I � I I ' l 61 fi PLAT NO �1 �o o Y IT- aw 119 1 �NOOT uwe wre.wu. Tw 1m1 IV, Sree µ „wr,e. au r.w,ro won w a r,. a tllNe w,ry. i 4 m mmaxwwa mam.x sertcwwewra lu. __ ------ IL mr mrrt re «x.n r.uem. I I I "1,1r'ul an w a..wau Ml CERTIFICATE OF OWNERSHIP j! xvmwrc «m « «x.m ns w.w_ro.. r 11V ° e..w [m+re..B .x .rry maravavn wrn rmc mr x ,.,,.e nr. m. ,1 ii i i r in m. F r�oT _______ I I I I I I Ii I I I' II jsiI a, Iv II 1° I I I I 1 it I I I I � I I ' l 61 fi PLAT NO �1 uwurau uwn[prw. IT- aw 119 1 1 uwe wre.wu. Tw 1m1 IV, Sree r.n w,ry. i 4 m hl a m. a' I I ',. o Imo "1,1r'ul an 11 a..wau Ml CERTIFICATE OF OWNERSHIP j! xvmwrc «m « «x.m ns w.w_ro.. ' I - i u uwurau uwn[prw. I r I I w w,ry. i 4 m hl a' I I ',. o o,[ry unr nxm uo sr. ex ur.m nu un rwr amr " "1,1r'ul an 11 uaer�rmEm«rForsCvnE.uOFw.° +o eL PLAT aPPRNxiVAw ^.e Ba w,w. II ; CAUOLE CENTER PHASE 111 OCTOBER 14 2014 The City Wit out Limits. TO: The Honorable Mayor and City Council FROM: Bronce Stephenson - Jurisdiction Director of Community Development SUBJECT: Rezoning (OZ- 14 -05) - Garrett Creek Commercial DATE: November 7, 2014 BACKGROUND: The City of Owasso received an application for review and approval of a rezoning request for Garrett Creek Commercial. The subject property is located at the southeast corner of N 129th E Ave & N 1 16th E Ave. Direction Zonin Use Land Use Plan - Jurisdiction CS - Commercial Shopping CS 1 lot in 1 block Number of Reserve Areas North (Commercial Undeveloped Commercial City of US -169 Overlay Shopping) Washington County Rural Water District #3 Applicable Pa backs Owasso South (Agriculture) Residential Commercial Tulsa County RS -3 (Small Lot East Single - Family Residential Residential City of Residential Owasso CS West (Commercial Commercial Commercial City of Shopping) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 5.3 acres Current Zoning - Agriculture Proposed Use CS - Commercial Shopping Lots /Blocks 1 lot in 1 block Number of Reserve Areas N/A Within PUD ?' ` OPUD 02 -02 Within Overlay District? ' US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Pa backs Storm siren fee of $35 /acre; Streets ublic or private) N/A ANALYSIS: The rezoning request for Garrett Creek Commercial is a simple request to change the zoning on the subject property from AG to CS. This area has been planned for commercial uses in the Land Use Master Plan and the PUD for the Garrett Creek Development. The request for CS zoning is appropriate for the subject property as the proposed commercial use for the property conforms to the land use prescribed under the 2030 GrOwasso Land Use Master Plan. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 10, 2014. ATTACHMENTS: Area Map Aerial Map Zoning Map GrOwasso Land Use Master Plan Map Garrett Creek Commercial I ' I 1 u a' `—MORROW-PROPERTY I H I r I I _ _ _ _ _ _ i E 116ST N'I I L it I FCENTER'GARRET 'CREE �L IN I GARRETMC EEK ESTATE w ' rsw i I BIZ I Z� 1 200 m 50h ft 1" = 376 ft 11/0412014 L V' 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. Garrett Creek Commercial y 1" = 376 ft 11/04/2014 % 11 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. Garrett Creek Commercial 1" = 376 ft Zoning Map 11/04/2014 ty_. y 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. Garrett Creek Commercial GrOwasso Land y `q 11 1" = 376 ft Use Map 11/04/2014 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To De sure of complete accuracy, please contact Owasso staff for the most up -to -date information. The City Wil out Lim it s. TO: The Honorable Mayor and City Council FROM: Bronce Stephenson ° Jurisdiction Director of Community Development SUBJECT: Final Plat - Garrett Creek Commercial DATE: November 7, 2014 BACKGROUND: The City of Owasso received an application for review and approval of a final plat for Garrett Creek Commercial. The subject property is located at the southeast corner of N 129th E Ave & N 1 16th E Ave. SUBJECT PROPERTY /PROJECT DATA: Direction Zoning Use Land Use Plan ° Jurisdiction Retail, Gas Station CS 1 lot in 1 block Number of Reserve Areas N/A North (Commercial Undeveloped Commercial City of Washington County Rural Water District #3 Shopping) Storm siren fee of 35 /acre; Streets ublic or private) Owasso South A nculture Residential Commercial Tulsa County East AG Residential Residential City of .,..(Agriculture) Owasso CS West (Commercial Commercial Commercial City of Shopping) Owasso Property Size ` 5.3 acres Current Zoning Proposed CS - Commercial Shopping Proposed Use Retail, Gas Station Lots /Blocks 1 lot in 1 block Number of Reserve Areas N/A Within PUD? OPUD 02 -02 Within Overlay District? ? US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Pa backs Storm siren fee of 35 /acre; Streets ublic or private) N/A ANALYSIS: The final plat for Garrett Creek Commercial is a simple single -lot plat for the development of a retail commercial use and a small gas station. This area has been planned for commercial uses in the Land Use Master Plan and the PUD for the Garrett Creek Development. Access to the site will be provided through an entrance onto N 129th E Ave and two (2) entrances onto E I I 61 St N. The City of Owasso will provide sanitary sewer and water will be provided by Washington County Rural Water District #3. 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 outlined in OPUD 02 -02. The proposed commercial use for the property conforms to the land use prescribed under the 2030 Owasso Land Use Master Plan. The property is subject to all applicable paybacks. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee (TAC) reviewed the final plat for Garrett Creek Commercial at their regularly scheduled meeting on October 22, 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 November 10, 2014. ATTACHMENTS: Area Map Aerial Map Final Plat, Garrett Creek Commercial Garrett Creek Commercial 1" = 376 ft 11/04/2014 �,. �5�1 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. Garrett Creek Commercial 1" = 376 ft 11/04/2014 'N L ,.. 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. F 7, NA' �TI I ENGINEER SIGNA10ND. XHr NRGI PE 0 C H R A N Q11-0- FINAL PLAT R 14 PROJECT GARRETT CREEK COMMERCIAL SUBDIVISION LOCATION 'El " °" " °p "' l A PARTOF THEN.W OUARTER, SECTIONS, C 21 N., R. 14 E, LM. CITY OF OWASSO, TULSA COUNTY, OKLAHOMA T po" . .. .. ... mu yy LEGEND rvc LO�TION MAP TIN= F 7, NA' �TI I ENGINEER SIGNA10ND. XHr NRGI PE 0 C H R A N Q11-0- FINAL PLAT GARRETT CREEK COMMERCIAL SUBDIVISION A PARTOF THEN. W. QUARTER SECTION 9. T21N R. 14E l.M. C17-Y OFOWASSO. TULSA COUNTY, OKLAHOMA J1 R 14 E 9, v^ P ✓P us iacln srRLn NoaiN LO a'ION MAP tia SGi� FNGINEEF: SHhVNONO JOINNN/NG P.E. r I HRA V_J F-7-1 FINAL PLAT GARRETT CREEK COMMERCIAL SUBDIVISION A PART OF THE N. W. QUARTER, SECTION 9, T 21 N., R. 14 E, LM. CITY OFOWASSO, TULSA COUNTY, OKLAHOMA R 19 FAS, „s,A s,l 5 21 N ' mm fASI 1CC,n SlllF[I G�� LOCO ION MAP --Nmydtl c r -- ENGINEER //, SHHAuANNNONNyD�JOONANHINO, P E � I nTity Wit out Limits. TO: The Honorable Mayor and City Council Use City of Owasso FROM: Bronce L. Stephenson (Agriculture) Director of Community Development SUBJECT: Annexation (OA- 14 -02) & Rezoning (OZ- 14 -06) - 9721 N Garnett Rd DATE: November 7, 2014 BACKGROUND: The Community Development Department received a request for annexation for property located at 9721 N Garnett Road, approximately '/< mile north of 961h St N on the east side of Garnett. The property is 2.437 acres in size and there are no structures currently on the property (the structure on the property was recently removed). There is a forty (40) foot utility easement across the front of the property. The property measures 165 feet along the frontage and is 660 feet deep. Presently, Garnett Road is 2 -lanes in this location but will be reconstructed as a 4 -lane facility with a center median. This facility is currently being designed. The applicant is requesting CS (Commercial Shopping) zoning be applied to the property as part of the annexation, which can be done if the proposed zoning conforms to the land use master plan. In this case, the land use master plan calls for commercial uses in this location so applying CS zoning to the property is appropriate. Presently, the applicant has no immediate plans for development at this location. Direction Zoning Use land Use Plan Jurisdiction North (Agriculture) Undeveloped Commercial Tulsa County South (Agriculture) Undeveloped Commercial Tulsa County East A rculture Undeveloped Commercial Tulsa County RS -2 West (Single Family Residential Residential City of Residential ) Owasso ANNEXATION REQUEST: This annexation request is to bring the land into Owasso's corporate limits. The surrounding area is planned to annex and develop in the future. With the annexation request, the applicant also requests to rezone the subject property from AG (Agriculture) to CS (Commercial Shopping). PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 10, 2014. ATTACHMENT: Area Map Aerial Map Annexation & Rezoning n _ _ _ _ — _I ir_ i ' h+ 'E -99 ST N •Q � _ _ _ _ _ L _ _ ttIST N- -- 1 C 59hG 99 j. I _ \ E "tfi '3 E=98 +STN- 1 _ _ _ —1 ZI { I III � I r <iu S. I F.�•:97CS - I� �' iNN _'� -_` Z M-Elq6kFl!P N _ -f _ _ _ _ _ _ Ii _ _ -. - ♦ I � I' I E 95'PL ?N`Pr fT I I� I I I I N f�r 4 1" = 376 ft 10/07/2014 #OZ 14 -06 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. Annexation & Rezoning 1" = 376 ft 10/07/2014 #OZ 14 -06 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 -late Information. The City Wit out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Chief Urban and Long Range Planner SUBJECT: Contract Execution - 2014 CDBG funds for multi -use sidewalk DATE: November 7, 2014 BACKGROUND: On March 18, 2014, the Owasso City Council approved Resolution 2014 -02 and identified the construction of a 7 -8 foot wide sidewalk along the west service road of US -169 between the south end of Rayola Park and 86th Street N as the 2014 Community Development Block Grant (CDBG) Project. Resolution 2014 -02 also approved a cooperation agreement between the City of Owasso and the Indian Nation Council of Governments ( INCOG) to facilitate the receipt and administration of any awarded CDBG funds. On November 4, 2014, INCOG forwarded the contract for the 2014 -15 CDBG project, which requires signatures from the City Manager, City Clerk, and City Attorney. Subsequent to the approval of Resolution 2014 -02, the engineering division of the Public Works Department surveyed the alignment of the sidewalk project and performed a more detailed cost estimate. The survey revealed that there were significantly more issues associated with relocating and adding stormwater control structures as well as additional site grading to ensure the facility was ADA compliant. Based on this, the estimated cost increased significantly to $280,000, which is $158,793 over the CDBG grant of $121,207. Because of the increase in the estimated construction cost, the project has been scaled back. The proposed facility will now cover only the southern section from near 41h Street on the south side to 8th Street on the north. Additionally, there will be some spot repairs to some deteriorated sections of sidewalk on N Elm Street. A map has been provided illustrating the proposed work. On November 4, 2014, INCOG approved the revision to the project. CONTRACT EXECUTION As part of the CDBG process a contract guaranteeing completion of the work as outlined is required between Owasso and Tulsa County. The contract states that the City shall be responsible for the oversight of the project titled " Rayola Park Connector Sidewalks" and to meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth within the contract. Further the City agrees to perform those duties, obligations, and representations contained in the application to Tulsa County and are bound by the provisions of its application, and all amendments to said contract. RECOMMENDATION: Staff recommends to authorize execution of the attached contract with the required signatures. ATTACHMENTS: 2014 -15 CDBG Signed Application and Resolution 2014 -02 2014 -15 CDBG Contract Project Map FY2014 METRO CITY APPLICATION GUIDANCE Due date for this Application is March 20, 2014 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant- Metro City application for the FY2014 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierreCa incoq orq rinesholGl t:equirenlents for 1 Y20'14 IVletro City Applications Due. to I-IUD'S desire for all Entitlements to dramatically increase their expenditure rates, the following new expenditure criteria have been established and will be implemented for the FY2014 Application cycle. To submit an application for I'Y2014, communities with open Metro City contracts must comply with the following Threshold [Requirements: 100% of 2010 grant expended; 100% of 2011 grant expended; 50% of 2012 grant expended. If the above expenditure requirements have not been met by March 1, 2014, the Comnalnity will not be allowed to submit an application, and their allocation will be re- allocated to eligible Urban County members. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 1 of 7 Allocation Low /Mod Amount Population Broken Arrow $441,849 24.0 Bixby $66,209 26.9 Jenks $43,482 25.9 Owasso $121,207 30.2 Sand Springs $71,681 38.4 Sapulpa $139,270 49.0 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierreCa incoq orq rinesholGl t:equirenlents for 1 Y20'14 IVletro City Applications Due. to I-IUD'S desire for all Entitlements to dramatically increase their expenditure rates, the following new expenditure criteria have been established and will be implemented for the FY2014 Application cycle. To submit an application for I'Y2014, communities with open Metro City contracts must comply with the following Threshold [Requirements: 100% of 2010 grant expended; 100% of 2011 grant expended; 50% of 2012 grant expended. If the above expenditure requirements have not been met by March 1, 2014, the Comnalnity will not be allowed to submit an application, and their allocation will be re- allocated to eligible Urban County members. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 1 of 7 National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: • Provide benefit to low and moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51% of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. 3. Engineering is a permissible use of CDBG funds. 4. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 2 of 7 moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Neighborhood Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage._improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 3 of 7 Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 4 of 7 Required Application Documents 1. Application Summary This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose_ household income does not exceed the low_and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 5 of 7 Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. • New Wastewater or Water Extensions to Previously Un- served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and/or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within fhe geographic area that receive services from assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 6 of 7 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For projects not requiring DEQ permits, professional cost estimates must be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates, and submitted with the application. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 7 of 7 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1. Name of Unit of Local Government City of Owasso Mailing Address P.O. Box 180 Physical Address 111 N. Main Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 Fax # 918.376.1597 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Doug Bonebrake Clerk Ms. Sherry Bishop 2. Name of Staff Contact Karl Fritschen, AICP Phone Number 918,376.1545 E -mail kfritschen@cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Ravola Park to 86th Multi -Use Sidewalk The proposed 2014 -15 CDBG project calls for the construction of a 7 -8' wide sidewalk along the west service road of US -169 between Rayola Park and 86th St. N. Said project will serve to provide connections to multiple destination points on a safe facility with few driveway cuts. The project will connect to an existing trail that is currently located within Rayola Park and highly utilized. 4. Number of population served: 1,821 • Census Tract /Block Group # 58.01/2,3,4 • Household Income Survey 58.01/3 5 Project Budget Summary: CDBG Funds Other Sources Application Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 1 of 2 $ 121,207 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1 APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information Contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. State of Oklahom County of =I iscc Attest: :? orrlerng � 6. is L Subscribed and swor to b fore me _ 8arC. N g 2014 i�r1u - Clerk Application Community Development Block Grant (CDBG) 2014 Tulsa County Urban County Page 2 of 2 a (g)iy Date F-11 i r T N. I i t i I:4 3` r i 1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2014 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: City of Owasso Itemized Description of Funding Source Funding Source Funding Source Total Project Construction Activity CDBG Grant City Other Expenditures Install 8' sidewalk from N. 4th St. to 86th St. N. along the west $121,207.00 $ $121,207.00 US -169 service road to link Rayola Park to 86th and points east, west, and north. This will allow connection to recreation, shopping, schools and fitness. Total Construction Activity $ 121,207.00 $ - Professional & Non Construction Engineering /Architect Funds $ Inspection Funds Other: Survey Other: Publishing Total Professional & Non Contt. $ - $ - $ - $ - Administrative Costs Public Administrative Funds $ - - - - - -- $ Direct Administrative Funds $ - - - - - -- Total Administrative Costs $ - $ - $ - Total Project Costs $121,207.00 $121,207.00 2014 Tuisa County CDBG Urban County If additional is space needed, attach additional sheet(s) Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM Activity Name: E'<t���Ly:11�11�►�r3 COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS ORTAINFD FROM THE HnUSFHnI n SURVEY IN EACH APPRnPR1ATF ('.()]I IMN Insert County Income Levels $33,450 $38,200 $43,000 $47,750 $51,600 $55,400 $59,250 $63,050 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels - Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households 0 0 I hereby certify that the above information City -wide Low and Moderate Income Level (For use only when projects are of City -wide i Subscribed and sworn to before me Commission Community Development Block Grant { 2014 Tulsa County Urban County Beneficiary Income Survey Summary — Total Number of Occupied Households /Homes in Activity Target Area = Total Number of Persons in Activity Target Area = Total Number of Occupied Households /Homes Surveyed in Activity Target Area = Total Number of Persons Accounted for by the Survey in the Activity Target Area = Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = % obtained from the occupants of the addresses listed and the information is accurate: Date ral , 20 14 . My commission expires P O ClerklNot Signa ure HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) % 20_. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if (loans, grants, etc.) provide commitment letters. Attachment C Agency I Purpose I Amount I Present Status Comment Other sources and amount of financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment Other Funding Sources — Attachment C Community Development Block Grant 2014 Tulsa County Urban County Page 1 of 1 311314 Date ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2014 TULSA COUNTY URBAN COUNTY Attach Certified Professional Cost Estimates /Engineering Report (where applicable) The estimated cost for the project has been prepared by the Engineering Division of the Owasso Public Works Department. The estimated cost for the project is $117,000; therefore no supplemental funds from the City will be required. ATTACHMENT E CITY OF OWASSO, OKLAHOMA RESOLUTION 2614 -02 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2014 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2014 -2016; and, NOW THEREFORE, BE IT RESOLVED by the Council that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this 18`h day of March, 2014 at a regularly scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). �j Qc a onebra e, Mayor Attest: G;�.l OF 6­Y: 7i ~ OFFICIAL O .sal Contract for Public Improvements for Community Development Block Grant Program This Contract for Community Development Block Grant ( "CDBG ") funds is made and entered into this day November, 2014 by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). This Contract shall be in effect the 1st day of July 2014 and shall be in effect through the 30th day of June 2015. The Contract period may be extended by mutual agreement of both parties. WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, a Cooperation Agreement between the County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2014 -2016; and, WHEREAS, the City desires to enter into a Contract with Tulsa County, as lead entity of the Tulsa County Community Development Block Grant Urban County Program (CFDA 14.21) pursuant to Title I of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY2014 Tulsa County CDBG Urban County funds for the purpose of public improvements (B- 14- UC- 40- 0001); NOW THEREFORE, the parties do mutually agree as follows: I. Scope of Services The City shall be responsible for the oversight of a project titled "Rayola Park Connector Sidewalks" to meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth herein. The City agrees to perform those duties, obligations, and representations contained in its application to Tulsa County and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by Tulsa County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. II. Budget The City shall be allocated $122,010.00 from Fiscal Year 2014 Tulsa County CDBG Urban County funds for infrastructure improvements. III. Performance Measurement The project must be under construction with a Notice To Proceed issued no later than 180 days from the date of approval of this contract by the County. Failure to commence construction within the timeframe may result in withdrawal of CDBG funds by the County for noncompliance of timely expenditure of funds. IV. Method of Payment a. Payment will be made to the City on either a reimbursement of paid invoices basis or submission of actual payable invoices. The City shall submit a'Request for Funds" form to the program administrator, INCOG, for approval and payment by Tulsa County. City will maintain proper financial records for the project, which the County reserves the right to inspect on a periodic basis. C. In no event will the total compensation to be paid hereunder exceed the expressly agreed maximum sum of One Hundred Twenty -Two Thousand and Ten Dollars ($122,010) for all services required. V. Reversion of Assets After reconciliation of the project books and submittal of remaining unpaid claims to the County, the City shall return any unused CDBG funds within 30 days of the date this agreement terminates or expires. GENERAL TERMS AND CONDITIONS Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this agreement. In no event will the City incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies a. In the event the parties fail to agree on interpretations of this contract, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendations forwarded to HUD, who shall make the final determination. b. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the City that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause City shall, within limitations placed on such entities by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property which injury or damage is legally determined to be caused by any act or omission of City committed within the performance of its duties under this contract. City shall, within limitations placed on such entity by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Laws, to the extent such claims arise out of acts committed in furtherance of this contract. In any agreement with any sub - recipient or any agent for City, City will specify that such sub - recipient or agents shall hold harmless the United States government, its agents, officers, and employees, and the County its agents, officers and employees for all the herein before described expenses, claims, actions, or amounts recovered, which is legally determined to be caused by this sub - recipient or agent in the performance of their duties relating to this contract. Personnel a. The City represents that it will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. The City has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the City shall fail to fulfill in a timely and proper manner his /her obligations under this contract, or if the City shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving written notice to the City of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In such event, the City shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not withstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City. Termination of Contract for Convenience Either the City or the County may terminate this contract at any time by giving at least 15 days notice in writing to the other party. If the contract is terminated as provided herein, the City will be paid for the services provided and all allowable expenses incurred up to the termination date. Conflict of Interest No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any function or responsibility in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the City shall take appropriate steps to assure compliance. Interest of City and Employees The City covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The City further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information The City, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. City shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The City shall comply with all applicable laws, ordinances and codes of the state and local governments. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the City. Records and Audits City shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least five (5) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. City shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, the U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The City shall comply with OMB circulars A -1 10 and A -122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. The City shall provide a copy of its annual audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Federal Funds in Excess of $500,000 If the City expends $500,000 or more in a year in Federal awards from all sources, the City shall comply with OMB circular A -133 requirements and have a Single Audit conducted. This OMB circular is hereby made a part of this contract. The City shall provide a copy of its A -133 audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Anti - Kickback Regulations The City shall comply with all applicable anti - kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The City shall comply with the following equal opportunity requirements as part of CDBG assurances a. Civil Rights Act of 1964, Title VI City shall comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. Housing and Community Development Act of 1974, Section 109 City shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. C. Housing and Urban Development Act of 1968, Section 3 City shall comply with Section 3, which provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower- income residents of the unit of local government or metropolitan area (or non - metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the some metropolitan area (or non - metropolitan county) as the project. d. Affirmative Action City shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub -part J. Affirmative Actions steps include, but are not limited to, the following: Including qualified small, minority and women business enterprises on solicitation lists. 2. Assuring that small, minority and women business enterprises are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority and women business enterprises. 5. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. Labor Standards a. The City shall comply with the requirements of Davis -Bacon Act (40 USC Section 276a- 276a -5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The City further certifies that it shall include in its bidders' packages the U.S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required. b. Copeland (Anti- Kickback) Act (18 USC Section 874, 40 USC Section 176c), which applies to all contracts covered by Davis -Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; C. Contract Work Hours and Safety Standards Act (40 USC Section 327, et seq.) which requires overtime compensation. Regulations are at 29 CFR, Part 5. Acquisition and Relocation Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended (P.L. 91- 646, P.L. 100 -17) Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. Age Discrimination Act of 1975 City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. Americans With Disabilities Act of 1990 City shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. N Rehabilitation Act of 1973, Section 504 City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. IN WITNESS WHEREOF, the City and County have executed this contract as of the date first written above. ATTEST: City Clerk Approved: City Attorney City of Owasso, Oklahoma By, Tulsa County Board of Commissioners By. ATTEST: County Clerk Approved: District Attorney 7 Manager 2014 -15 CDBG Project (Revised) The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: OMRF Plan Update - Ordinance No. 1040 DATE: November 7, 2014 BACKGROUND: Plan updates and amendments for the Oklahoma Municipal Retirement Fund (OMRF), the retirement plan for non - police and fire employees, require approval by the City Council acting as the OMRF Retirement Committee. To keep the City's OMRF Retirement plan in compliance with Internal Revenue Code and /or State Law, any applicable change to the tax code or Federal /State Law must be incorporated into the OMRF plan by ordinance. Internal Revenue Code Revenue Ruling 2013 -17 resulting from the United States vs. Windsor Supreme Court decision necessitates a plan update. The Windsor Amendment addresses domestic partners, federal law and the definition of spouse. The IRS Revenue Ruling requires qualified plans to recognize same sex spouses for Federal tax purposes and would affect the OMRF sections on Required Minimum Distribution Rules and Rollover Rules. In addition, following the 10th Circuit Court of Appeals mandate to lift the stay that was previously in place regarding same sex marriages in Oklahoma, the City is additionally legally obligated to recognize same -sex marriages for Joint & Survivor and Death Benefits as well as for Federal taxation purposes. Failure to pass the plan amendment could deem the City's plan out of compliance with the Internal Revenue Code and State law. The consequence could be as severe as the entire retirement benefit becoming taxable income to each of our employees, resulting in an undue tax burden to employees. To maintain compliance with IRS and State law, Ordinance No. 1040 amends the City's OMRF Defined Benefit plan to accomplish the following: • Comply with the Internal Revenue Code and the mandatory Windsor Amendment • Comply with both Federal and State law • Recognize the definition of spouse as defined for Federal purposes (currently recognizing same sex marriages) on Rollover and Required Minimum Distributions rules • Recognize the definition of spouse as defined for State purposes (currently recognizing same sex marriages) on Spousal Death benefits and Joint & Survivor benefits RECOMMENDATION: Because Ordinance No. 1040 is to comply with Federal and State regulations, staff intends to place this item on the November 18th Consent agenda for approval. ATTACHMENT: OMRF Ordinance No. 1040 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1040 AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN OF THE CITY OF OWASSO, OKLAHOMA, TO INCORPORATE THE DEFINITION OF SPOUSE; PROVIDING FOR EFFECTIVE DATE, PROVIDING FOR REPEALER AND SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. AMENDATORY. The Employee Retirement System, Defined Benefit Plan of the City of Owasso, is hereby amended, which is incorporated herein by reference. Pursuant to the authority vested in the undersigned, Subsection 2.1(mm) of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan (the "Plan ") is hereby amended to read as follows and to renumber the current Subsection (mm) and the subsequent Subsections accordingly: "(mm) Spouse: Effective as of June 26, 2013 and in accordance with Revenue Ruling 2013 -17 and IRS Notice 2014 -19, for Federal tax purposes which may apply to qualified retirement plans under Code Section 401(a), the terms 'spouse,' 'husband,' and 'wife' include an individual married to a person of the same sex if the individuals are lawfully married under state law, and the term "marriage" includes such marriage between individuals of the same sex, and a marriage of same -sex individuals that was validly entered into in a state whose laws authorize the marriage of two individuals of the same sex even if the married couple is domiciled in a state that does not recognize the validity of same -sex marriages. For all other Plan purposes and which are not required for Federal tax purposes as described in the preceding sentence, the term 'spouse' will be defined as a spouse which is legally recognized in the State of Oklahoma." Except as otherwise provided in this Windsor Amendment to the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan ( "Amendment "), the Plan is hereby ratified and confirmed in all respects. This Amendment shall be effective as of June 26, 2013. Section 2. REPEALER. All ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. If any part, article, section, or subsection of this ordinance shall be held invalid or unconstitutional for any reason, such holding shall not be construed to impair or invalidate the remainder of this ordinance, notwithstanding such holding. The foregoing ordinance was introduced before the City of Owasso City Council on the day of November, 2014, and was duly adopted and approved by the Mayor and City Council of the City of Owasso on the day of November, 2014, after compliance with notice requirements of the Open Meeting Law (25 OSA, Sections 301, et sec.). Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk Approved as to form and legality on the _ day of November, 2014, Julie Lombardi, City Attorney 2 T Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Youth Softball User Agreement DATE: November 7, 2014 BACKGROUND: In December 2010, the City Council approved the first amended youth sports user agreement. The new protocol was put into place after discussions led to concerns about the stewardship and care of existing youth sports fields and facilities, as well as the type of care that should be anticipated for future investments. Thereafter, all existing and new organizations partnering with the City of Owasso to administer youth sports on city facilities have entered into a standard user agreement. These agreements seek to increase accountability, create the necessary communication between the organization and the City and more clearly identify expectations and requirements. The results have also allowed more financial transparency in the operation of the City's sports venues as well as to assure better fiduciary responsibility to the City's constituent taxpayers. The current agreement with Owasso Girls Softball Association (OGSA) for the administration of youth softball will expire December 1, 2014. Anticipating the expiration and to assure the continuity of the pending sports season, a Request for Qualifications (RFQ) relating to the administration of youth softball was published. REQUEST OF QUALIFICATIONS & SELECTION: Qualified organizations were invited to respond to an RFQ relating to the administration of youth softball leagues and activities at the Owasso Sports Park and maintenance of all softball facilities utilized. Notice was sent to interested parties and a public notice was published on October 16, 2014. By request deadline on, October 31, 2014, a submittal of Qualifications was received from only one youth softball organizations, Owasso Fastpitch Association (OFA). To further the integrity of the process, a four person panel of highly experienced youth sports administrators was assembled to review qualifications and advise staff on the recommendation. The Review Panel members were tasked with evaluating the proposal for compliance and gauging the OFA's ability to effectively administer the youth softball program. The following are the expected components and criteria identified in the RFQ: - Organizational Experience related to Sports Administration - Organizational Experience related to Facility Maintenance - Verifiable References of Sports Management - Ability of Organization to Increase Participation and Develop Youth Softball Programs - Availability of Organization to Cooperate and Comply with Agreed Responsibilities - Familiarity with City of Owasso Standards, Values, Principles of Operation and Management Philosophy. The Review Panel members returned a supportive response and recommendation to proceed with an agreement with OFA. PROPOSED USER AGREEMENT MODIFICATIONS: With the goal of providing great youth sports programs, the user agreements continue to be reviewed and amended to create an effective, user - friendly contract. The following adjustments to current agreement are proposed for this youth softball user agreement: Uniform Verification Documents Effective communication is paramount when working with a variety of organizations made up of numerous volunteers. The City requires information to verify that all aspects of the user agreement are fulfilled. Previously, each organization created and submitted documents to establish compliance which may not have included all the information needed. To provide clear and consistent expectations for all user groups, document templates have been created for all required data. This packet will assist the user group to verify compliance as well as create a consistent method for staff to review. A copy of the verification packet is attached. Automatic Annual Renewal Previous user agreements have included a two -year term. To allow an organization time to establish and build a strong program, an automatic annual renewal is recommended absent any issues of non - performance. The RFQ process every two years with the possibility of a new organization re- establishing and developing a new program is disruptive and counter- productive to the strategy of creating a long -term successful youth sports program. Furthermore, the current agreement allows for the termination of an agreement if the organization fails to comply with outlined requirements. In the event of non - compliance, the City would provide a written Notice of Noncompliance stating the specific nature and extent of each area of noncompliance. The City would require the organization to remedy the violation and become compliant in each area within a stated period of time. Failure to remedy the noncompliance would be a material breach of the agreement and could result in termination. An annual review and evaluation of the program will be conducted with organization's leadership and city staff. This will provide an opportunity to clarify expectations, identify needed improvements and cooperate in possible fine - tuning. Officer Term Limits Previous agreements authorized a one (1) two (2) year term for each officer of the organizations' board. To encourage development and consistency in volunteer leadership an allowance of lengthened Officer terms are necessary. By permitting board members to continue service for two (2) three (3) year terms per position will create stable administration. RECOMMENDATION: Based on staff review and Review Panel recommendation, staff recommends authorization for the City Manager to execute an agreement with Owasso Fastpitch Association, for the purpose of managing the City of Owasso youth softball program utilizing city owned facilities. ATTACHMENTS: Proposed Youth Softball User Agreement User Group Agreement Verification Documents Packet CITY OF OWASSO USER AGREEMENT Organization: Owasso Fastpitch Association Program i Activity: Girls Softball The City of Owasso is dedicated to promoting and maintaining the highest quality and enjoyable youth sports experience for players, parents, and coaches. Our mission is to teach the fundamentals of the game in a positive and safe environment with a strong focus on moral conduct, sportsmanship, and teamwork. The league strives to build self - esteem in young athletes to improve their abilities as players, but moreover as conscientious citizens. The parties to this Agreement shall be the City of Owasso, Oklahoma, a municipal corporation, ( "the City ") and Owasso Fastpitch Association ( "OFA "). 1. USER LICENSE: The City hereby grants a User License to OFA for the administration and management of softball activities and for the use and maintenance of the fields #1, #2, #3, #4, #5 and #6 at the Owasso Sports Park located at 10320 E. 116th Street North, Owasso, Oklahoma. In consideration for such User License, OFA hereby agrees to the provisions of this Agreement. This Agreement may be terminated at any time by the City if OFA materially breaches the terms of this Agreement. 2. BOARD OF DIRECTORS: OFA will be governed by a volunteer Board of Directors focused on the oversight of the association. A. Board members shall not let their personal interests interfere with the decisions they make as directors. All officers and directors will sign an agreement that provides an "arm's length" relationship with any vendor doing business with the organization. No officer or director shall be a vendor of products or services to the organization. B. Officers of the board will be nominated and elected for a two (2) year term. C. Officers of the board may serve for three (3) terms per position. D. Staggered election of 50% of the officers will take place annually. 3. PERSONNEL: OFA shall provide its own umpires and other necessary personnel. 4. SCHEDULE: OFA shall submit FORM #1 of Verification Documents which highlights all important program dates along with participant's distributed game practice and tournament schedules to the City PRIOR to the beginning of the softball season. Schedule changes shall be submitted to the City and placed on its website at least one (1) day before the scheduled game, tournament or practice. 5. WEBSITE: OFA shall create and maintain a website providing current information to the public. The website shall be updated as necessary throughout the year to contain accurate and timely information. A. Included will be OFA softball and tournament information. B. OFA will showcase "Buy Owasso" on their website and all appropriate marketing materials as well as list things to do in Owasso. C. OFA agrees further to encourage its teams, tournament teams, and their families to utilize Owasso businesses by including a page with headings that list: 1. Hotels 2. Restaurants 3. Local Businesses D. Website will include a list of vendors identifying business address. 6. USER LEASE FEE: OFA shall make agreed upon improvements and invest resources to the softball facilities in lieu of lease fees. Proposed improvements will be submitted on FORM #4 of Verification Documents which identifies annual improvements along with future plans. Investment plan will include item, budget and completion target. Form #4 will be reviewed and approved 1 disallowed during annual contract review. Only approved improvements will count toward investment requirement. 7. INVESTMENT DOCUMENTATION: All improvements completed will be maintained on FORM #5 of Verification Documents. Inspections of improvements will be conducted by City staff for approval. FORM #5 will include description of improvement, improvement cost, all receipts and/or invoices. Failure to timely remit documentation shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 8. CONCESSION: OFA may provide concessions during softball league season and at all tournaments at the softball field at Owasso Sports Park. 9. PLAYER FEES: OFA shall not change its current player fees for the duration of this Agreement without 60 day notice and approval from the City. A current fee schedule will be submitted on FORM #2 of Verification Documents which list all league and tournament fees as well as the number of scholarships awarded by OFA for that year to the City. Scholarships shall be provided by OFA to players who meet that organization's criteria for financial hardship and need. 10. PARTICIPATION REPORT: OFA will provide the City with a seasonal status report at the beginning of each season on FORM #8 of Verification Documents. Form #8 will include all applicable information to verify the number of players and teams along with enrollment change from previous season. 11. ANNUAL FINANCIAL REPORTS: OFA will be a registered Oklahoma not -for- profit organization and comply with all IRS reports and forms applicable to their organization. OFA shall provide an annual income statement on FORM #6 and balance sheet FORM #7 of Verification Documents to the City detailing the organization's revenues, expenses and disbursements for that year. In addition, OFA agrees to provide other financial documents as requested by the City's Finance Department staff. All financial documents, records, and detailed accounts of financial operations shall be open to the City's Finance Department for review and /or audit with reasonable notice given that such review or audit will occur. Failure by OFA to provide reports in compliance with the provisions within this section shall constitute a material breach of the contract and may result in termination of the Agreement. 12. TERM: The initial Agreement between the City and OFA shall become effective on the day of 20 for a period of one (1) year. Thereafter, an Agreement review will be conducted at least thirty (30) days prior to effective date for compliance and renewal. 13. GENERAL MAINTENANCE: OFA shall be responsible for all routine maintenance and repairs of lighting, fences, softball fields, bleachers, concession areas and any other facilities utilized during the softball season at the designated softball fields at Owasso Sports Park with no charge to the City. OFA shall also be responsible for the general clean -up and collection of trash and debris in and around all softball fields at the end of the last game each day and parking lots before the beginning of the first game on the following day. 14. MAINTENANCE STANDARDS: OFA agrees to maintain the high quality of playing surfaces on the softball fields at Owasso Sports Park in good working order sufficient to ensure safety of the players, spectators, coaches, managers and all other officials and personnel at all times. A. The softball field, as often as is needed, will have dirt added, will be sprayed for weeds, will be aerated and fertilized, will have dirt lips and buildups removed, and will be mowed and swept. B. The following conditions must be maintained within the duration of this contract in the following areas: 1. Complete turf coverage within the playing field fences except for the areas intended to remain dirt. 2. Playing surfaces will be kept uniform and level to allow for proper drainage and player safety. All soil areas will be maintained with a quality soil. Regular field maintenance will be performed in such a way to avoid lip or ridge formation resulting from loose dirt being dragged or pushed into grass areas. 3. Mowing of grass area inside of field's fence line. Mowing heights will be maintained between'/ inches and 2'/z inches depending on season and variety of grass. 4. Edging should be performed on a regular basis as needed to provide consistent edges and lines. 5. Outfield fences will be kept free of any thatch that might impede drainage. 14. INSPECTION: All softball facilities will be in working order on the date this contract becomes effective and will be inspected by both the City and OFA before this Agreement shall be executed. The City retains the right to enter upon the softball field and facilities at any time for inspection, maintenance, repairs or any other purpose related to this Agreement. The City will inspect the softball field and facilities bi- annually for the duration of this contract year, to determine whether or not the softball field and facilities are being maintained by OFA in compliance with the specified maintenance standards. FORM # 3 of Verification Forms will be used to detail the results of each inspection and shall be provided to OFA upon request. In the event the softball field or facilities are not in compliance with the maintenance standards specified by this Agreement, the City shall provide a written Notice of Noncompliance to OFA within five (5) business days from the date the inspection. The Notice of Noncompliance will state the specific nature and extent of each area of noncompliance and shall require OFA to remedy the violation and become compliant in each area within a stated period of time to be negotiated with OFA but ultimately decided by the City. Failure to do so shall be a material breach of this Agreement and may result in termination of the Agreement by the City. 15. IMPROVEMENTS OR EMERGENCY REPAIRS: The softball field and facilities at Owasso Sports Park shall at all times remain the property of the City and no improvements or structures may be built upon the fields or facilities without written permission from the City. The City shall be responsible for all major repairs necessary at Owasso Sports Park, but not limited to, restrooms, plumbing, parking lots, and general electrical issues. 16. RESTROOMS: The City will provide restroom facilities at Owasso Sports Park to be utilized by OFA. OFA will provide ample restroom supplies for each restroom facility utilized by participants. OFA will stock and clean the restroom facilities prior to each day a games, including both league and tournament play. 17.INSURANCE: OFA shall maintain general liability insurance covering the premises and activities of the softball facilities and program at Owasso Sports Park in an amount not less than Two Million Dollars ($2,000,000) and shall name the City as a co- insured. A copy of the policy shall be provided to the City Manager of the City of Owasso at the time this Agreement is executed. OFA shall maintain the required insurance with an insurer carrying a Best's "A" or equivalent rating that is licensed and admitted to write and issue insurance policies in the State of Oklahoma. 18. INDEMNIFICATION: As partial consideration for this Agreement, OFA 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 (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings, reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any aspect of the acts, omissions, negligence or misconduct of OFA, its competitors, invitees, licensees, members, volunteers, representatives, employees, agents, officers, contractors or subcontractors, including but not limited to permitted uses of the fields and facilities, any injury or damage that occurs on or about the fields or facilities relating to softball activities, or OFA'S performance or failure to perform the terms and conditions of this Agreement. OFA shall promptly notify the City of any serious injuries occurring on the fields or facilities and of any claim asserted by any individual. 19. LAWS: This Agreement shall be governed by the laws of the State of Oklahoma. Exclusive jurisdiction and venue for any action relating to this Agreement shall be solely in the District Court of Tulsa County, Oklahoma. 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, or other communications between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions herein, and the provisions of this Agreement are intended to be and shall be deemed severable. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date set forth below. Executed the day of 20 CITY OF OWASSO: Jerri Moberly, Mayor Attest: Sherry Bishop City Clerk Approved as to Form: Julie Lombardi City Attorney and General Counsel OFA: 6!: T he City Wit out Limits. USER GROUP AGREEMENT VERIFICATION DOCUMENTS The City of Owasso is dedicated to promoting and maintaining the highest quality and enjoyable youth sports experience for players, parents, and coaches. Our mission is to partner with youth sports organizations who will teach the fundamentals of the game in a positive and safe environment with a strong focus on moral conduct, sportsmanship, and teamwork. We will insist that all leagues strive to build self- esteem in young athletes to improve their abilities as players, but moreover as conscientious citizens. Sd CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT Tha ` "Y WillMout Limits. SEASONAL VERIFICATION FORM TERM OF AGREEMENT INSURANCE Current Season Reviewed Year SUBMITTED Years of Term From To USER GROUP CONTACT INFORMATION a Name of User b President c Vice - President d Secretary e Treasurer LOCATIONS PARK Field(s) # _— Field(s) # — Field(s) # — 1 INSURANCE FORM DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY a Liability Insurance attached ❑ DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY z SCHEDULE FORM a Important Program Dates #1 ❑ b Game Schedules attached ❑ DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY 3 FEES FORM a Player / Team / Other Fees #2 ❑ b Documented Scholarships #2 ❑ a WEBSITE INCLUDES LISTED ❑ League Dates ❑ League Fees ❑ League Rules ❑ Age Divisions ❑ "Buy Owasso" ❑ Local Businesses ❑ Tourney Dates ❑ Tourney Fees ❑ Tourney Rules ❑ Rain Policy ❑ Local Restaurants ❑ Local Hotels ❑ Local Partners ❑ League Board ❑ Contact Info DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY s INSPECTIONS FORM a Seasonal Field Inspection #3 1 ❑ DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY B Investment FORM a Agreement Plan #4 ❑ b Future Investment Plan #4 ❑ c Investment Documentation #5 ❑ 7 REPORTS FORM a Income Statement #6 b Balance Sheet #7 c 990 Income Tax Statement attached d Participation Report #8 DUE DATE SUBMITTED DATE RECEIVED RECEIVED BY El El El El s� CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT he City wit out Limit.. TABLE OF CONTENTS FORM INSURANCE A copy of Liability Insurance in the amount of no less than $1,000,000 will be obtained and attached SCHEDULE Important Program Dates ................................................................................ ............................... All dates listed on form will be detailed including any additional important dates that will impact the program and /or the City of Owasso GameSchedules ............................................................... ............................... ................. A game schedule of each division involved with program will be attached FEES Player/ Team / Other Fees ................................................................................ ............................... All fees that apply will be recorded along with any additional fees not listed. Any change from previous season should be highlighted. Documented Scholarships ................................................................................ ............................... The number of full or partial scholarships will be documented to include the total dollar amount. Any changes from previous season should be highlighted. WEBSITE INCLUDES Each user group's website will be verified for listed content by the first day of practice of each season INSPECTIONS Seasonal Field Inspection ....................... ................................................. ............................... 3 This form will be completed and submitted by city staff. A user group representative will be present during inspection. INVESTMENT AnnualAgreement Plan ................................................................................ ............................... A prioritized list of required improvements will be provided by city staff with target dates of completion. User group representative may be consulted to create. Future Improvement Plan ................................................................................ ............................... A prioritized list of required improvements will be provided by city staff with target dates of completion. User group representative may be consulted to create. Investment Documentation ................................................................................ ............................... 0 A detailed list of expenses will be completed by user group and submitted to city staff. Areas that meet requirements and fulfill maintenance plan will be approved. REPORTS IncomeStatement Form ................................................................................ ............................... A detailed account of all income and expenses will be provided by user group. BalanceSheet ................................................................................ ............................... 0 A detailed balance sheet with assets and liabilities will be submitted by user group. 990 Income Tax Statement A copy of user group's 990 Income Tax Statement will be provided to city staff for records. ParticipationReport ................................................................................ ............................... A report verifying the number of players participating in each season will be submitted to city staff for review. Any change from previous season should be highlighted. CITY OF OWASSO V YOUTH SPORTS USER GROUP AGREEMENT The City Wit ouf Limits. IMPORTANT PROGRAM DATES (FORM # 1) TERM OF AGREEMENT Current Season Reviewed Year User Group Director Approved 2 a t SCHEDULE Program Dates activity First Day of Registration 2 Last Day of Registration 3 Team Formation 4 First Day of Practice 5 Coach's Meeting 6 First Game of Season 7 Picture Day 8 Last Game of Season 9 Award Ceremony b 1 Tournament Schedule tournament 2 3 4 5 6 7 8 c 1 Other Important Dates event 2 3 not applicable dates El El dates dates (if applicable) day of week time (if applicable) day of week time (if applicable) day of week time Due Date Date Submitted User Group Representative Printed Name User Group Representative Signature Sd TERM OF AGREEMENT Current Season Reviewed User Group 3 FEES a Players Fees CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT LtHVUt r-tt bUNLUULt (1-UKM iF Year Director Approved category $ fee t Player Fee (recreational) $ 0.00 f $ 2 Player Fee (competitive) $ 0.00 0.00 3 3 Team Fee (recreational) $ 0.00 $ 0.00 a Team Fee (competitive) $ 0.00 s $ 5 Uniform Fee $ 0.00 0.00 a s Umpire/ Referee Fee $ 0.00 7 Fnrfeit Fee It n nn a Trophey Fee $ 0.00 b Other Items Not Listed f $ 0.00 2 $ 0.00 3 $ 0.00 a $ 0.00 5 $ 0.00 s $ 0.00 7 $ 0.00 a $ 0.00 c Scholarships scholarship dollar total number of scholarships given amount not applicable El El El El El El change from pervious season $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 change (if any) from last season ❑ $ 0.00 Due Date Date Submitted User Group Representative Printed Name User Group Representative Signature s CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT The City Wit out Limits. INSPECTION AND COMPLIANCE (FORM # Current Season Reviewed Year User Group Field Location Inspection Date Director Approved RATINGS V Compliance X Non Compliance 0 Not Applicable Improvement Required 5 INSPECTION a Facilities contract item rating reference comments 1 Restrooms # 16 2 Concession 3 Dugouts 4 Rleachers 5 Fencing b Fields item 1 Playing Surface Quality 2 Plavinq Surface Uniformed and Level 3 Playing Surface Weed Free 4 Dirt Lips and Buildups Removed 5 Adequate Amount of Soil 6 Complete Turf Coverage 7 Turf Surface Thatch Free 8 Proper Mowing Height 9 Consistent Lines and Edging c Grounds item 1 Parking Lot 2 Sidewalk / Walkway 3 Overall Cleanliness 4 Landscaping / Trees #8 # 13 #13 #13 contract rating reference #14 #14 #14 #14 #14 #14 #14 #14 #14 contract rating reference # 13 #13 #13 #13 comments comments Due Date Date Submitted Staff Signature User Group Representative Signature s CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT irvvta i ivitn i FLAN 1-UKM 1; 4 TERM OF AGREEMENT Current Season Reviewed Year User Group p or P Ap proved s INVESTMENT a Annual Agreement Investment Plan item 2 3 4 5 6 7 8 9 10 b Future Investment Plan Rem 1 2 3 4 5 6 7 8 9 10 estimated budget estimated budget completion target completion target Due Date Date Submitted User Group Representative Printed Name User Group Representative Signature OeTh City 0d%,- it out Limits. Current Season Reviewed User Group 16 INVESTMENT c Investment Documentation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT INVESTMENT DOCUMENTATION (FORM # 5 description of improvement Year Director Approved 1 1 Total Expense $ Total APPROVED Expense $ Due Date Date Presented User Group Representative Printed Name User Group Representative Sianature a m a o 01 n y n cost m $ ❑ ❑ $ ❑ ❑ $ El 1:1 $ ❑❑ $ El L] $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ $ ❑ ❑ Total Expense $ Total APPROVED Expense $ Due Date Date Presented User Group Representative Printed Name User Group Representative Sianature Referee Expense Acct # - Referee Fees CITY OF OWASSO Acct # - Referee Training $ 0.00 S YOUTH SPORTS USER GROUP AGREEMENT INCOME STATEMENT (FORM #6) The City Wir o.t Limits. Field Maintenance As of (Month), (Date), (Year) INCOME Operating Income Acct # - Landscape Improvements Acct # - Direct Public Contributions $0.00 Acct # - Etc Income $ 0.00 Acct # - Registration Fees $ 0.00 Acct # - Tournaments $ 0.00 Acct # - Other Income $ 0.00 Acct # - Concession Income $ 0.00 Total Income $ 0.00 EXPENSES Operating Expenses Acct # - Concessions Exp $ 0.00 Acct # - Fundraiser Exp $ 0.00 Acct # - Registration Exp $ 0.00 Acct # - Tournament Exp $ 0.00 Acct # - Uniforms $ 0.00 Acct # - Advertising Exp $ 0.00 Acct # - Awards & Trophies $ 0.00 Acct # - Bank Fees $ 0.00 Acct # - Contract Services $ 0.00 Acct # - Credit Card Fees $ 0.00 Acct # - Equipment Rental $ 0.00 Acct # - Insurance, Liability $ 0.00 Acct # - Fees & Licenses $ 0.00 Acct # - Facilities & Equipment $ 0.00 Acct # - Misc Expense $ 0.00 Acct # - Office Expense $ 0.00 Acct # - Operations $ 0.00 Acct # - Meals & Entertainment $ 0.00 Acct # - Gas /Fuel $ 0.00 Acct # - Security $ 0.00 Acct # - Supplies $ 0.00 Acct # - Taxes - Concessions $ 0.00 Acct # - Telephone $ 0.00 Acct # - Training $ 0.00 Acct # - Travel & Meetings $ 0.00 Acct # - Utilities $ 0.00 Total Operations Expense $ 0.00 Professional Services Acct # - Accounting Fees $ 0.00 Acct # - Professional Services - Other $ 0.00 Total Professional Services $ 0.00 Referee Expense Acct # - Referee Fees $ 0.00 Acct # - Referee Training $ 0.00 Acct # - Referee Other $ 0.00 Total Referee Expense $ 0.00 Field Maintenance Acct # - Lawn Cutting $0.00 Acct # - Landscape Improvements $ 0.00 Acct # - Field Dirt $ 0.00 Acct # - Field Sod $ 0.00 Acct # - Lawn Chemicals $0.00 Acct #- Repairs & Maintenance $ 0.00 Total Field Maintenance Expense $ 0.00 TOTAL INCOME $ 0.00 TOTAL EXPENSE $ 0.00 NET/ LOSS $ 0.00 Sd The City Wif out Limits. ASSETS Current Assets Checking /Savings CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT BALANCE SHEET (FORM #7) Cash Account Cash Account 2 Cash Account 3 Total Checking /Savings Accounts Receivable AR Account 1 AR Account 2 Total Accounts Receivable Fixed Assets Acct # Furniture & Equipment Acct # Field Equipment/ Machinery Acct # Accumulated Depreciation Total Net Fixed Assets Other Assets DESCRIPTION Total Other Assets LIABILITIES & EQUITY Liabilities Current Liabilites Accounts Payable Acct# Accounts Payable Total Accounts Payable Total Current Liabilities Equity Acct # Unrestricted Acct # Membership Equity Acct # Net Income Total Equity (Acct # & Name) $ 0.00 (Acct # & Name) $ 0.00 (Acct # & Name) $ 0.00 $ 0.00 (Acct # & Name) $ 0.00 (Acct # & Name) $ 0.00 $ 0.00 Total Current Assets $ 0.00 (Acct # & Name) (Acct # & Name) (Acct # & Name) TOTAL ASSETS TOTAL LIABILITIES & EQUITY $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 S CITY OF OWASSO YOUTH SPORTS USER GROUP AGREEMENT The ""' ° tim "'. PARTICIPATION REPORT FORM # 8 TERM OF AGREEMENT Current Season Reviewed Year Director User Group Approved 7 REPORTS b Participation Reports change individual age groups # of players # of teams not applicable from last season t 3 Year Old / U4 ❑ 2 4 Year Old / U5 ❑ 3 5 Year Old / U6 ❑ a 6 Year Old / U7 ❑ 5 7 Year Old / U8 ❑ 6 8 Year Old / U9 ❑ 7 9 Year Old /U10 ❑ a 10 Year Old / U11 ❑ 9 11 Year Old / U12 ❑ 10 12 Year Old / U13 ❑ 11 13 Year Old / U14 ❑ 12 14 Year Old / U15 ❑ 13 15 Year Old / U16 ❑ 13 16 Year Old / U17 ❑ 14 17 Year Old / U18 ❑ change combined age groups # of players # of teams not applicable from last season 1 3 -4 Year Old /U5 ❑ 4 -5 Year Old /U6 ❑ 2 5 -6 Year Old /U7 ❑ 6 -7 Year Old /U8 ❑ 3 7 -8 Year Old /U9 ❑ 8 -9 Year Old /U10 ❑ a 9 -10 Year Old /U11 ❑ 10 -11 Year Old /U12 ❑ 11 -12 Year Old /U13 ❑ 12 -13 Year Old /U14 ❑ 13 -14 Year Old /U15 ❑ 14 -15 Year Old /U16 ❑ 15 -16 Year Old /U17 ❑ 16 -17 Year Old /U18 ❑ Due Date Date Submitted User Group Representative Printed Name User Group Representative Siqnature s� The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: City Charter Amendments DATE: November 7, 2014 BACKGROUND: Following a recommendation by a Tulsa County Grand Jury (filed December 13, 2013) regarding language contained in the City's charter related to political activity of employees, a staff committee was assembled to conduct a comprehensive review of the Charter for proposed amendments. The last Charter review occurred in the mid 90's. The Charter incorporates the "City of Owasso," defines the form of government and provides the framework for conducting city business. Amendments to the Charter are provided for in Section 9 -1 and require a vote of the qualified electors at a general or special election and must be approved by the governor as provided for in the state constitution. Should more than one amendment be proposed, they shall be submitted to the voters as separate propositions. The committee (Julie Lombardi, Julie Stevens, Michele Dempster, Linda Jones, and Sherry Bishop) has completed their review and identified sections of the Charter where amendments might be considered. POSSIBLE CHARTER AMENDMENTS: Section 2 -7 Council: Meetinas The council shall hold at least one regular meeting every month, such time as it may prescribe by ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings of the council, except executive sessions held s authorized by law, shall be open to the public, and the journal of its proceedings shall be open to public inspection. COMMENT- The Oklahoma Open Meeting Act (Title 25, O.S. 301 -314) permits public bodies to enter into executive session for the purpose of discussing specific topics and sets the procedure for public notification of the executive session. Section 2 -7, as written, appears to limit executive session to discuss personnel matters only and conflicts with state statutes and case low. Staff recommends deleting the language in direct conflict with the Open Meeting Act. Section 2 -13 Ordinances: Passage. When in Effect Every proposed ordinance shall be read, by title only unless a moiority vote of the council reauest reading in its entirety, and a vote of a majority of all the councilmen shall be required for its passage. The vote on final passage of every ordinance shall be by yeas and nays, and shall be entered in the journal. The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be published in full or by number, title, and a brief gist in a newspaper of general circulation within the city. Every ordinance except an emergency ordinance, so published, shall become effective thirty days after its final passage unless it specifies a later time; provided that a franchise for a public utility shall not go into effect until the ordinance granting it has been published in full in a newspaper of general circulation within the city and has been approved at an election by a vote of a majority of the qualified electors voting on the question. COMMENT -The intent of the clause "shall be read" is not clearly communicated and has required City Attorney interpretation in the past. This change would clarify that reading the Ordinance title before taking action is sufficient, and that reading the entire ordinance aloud during the meeting is not necessary. Section 4 -3 Sale of Properly Valued at More Than $250.000 The sale of any city property, real or personal, including public utilities, or of any interest therein, the value of which is more than $25,000=1250 000 may be made only (1) by authority of an affirmative vote of a majority of the qualified electors of the city who vote on the question of approving or authorizing the sale at an election, or (2) by authority of a special non - emergency ordinance. Such ordinance shall be published in full in a newspaper of general circulation within the city within ten days after its passage, and shall include a section reading substantially as follows: "Section - -. This ordinance shall be referred to a vote of the electors of the city if a sufficient and lawful referendum petition is properly filed within thirty days after its passage; otherwise it shall go into effect thirty days after its passage." The sale of an entire public utility may be authorized only as provided in (1) hereinabove COMMENT -This section sets the procedure for the sale of city property valued at or above $25,000. Given that the Charter was written over forty years ago and the current cost of holding an election is between $12,000 and $15,000, the monetary amount should be reconsidered. Section 4 -4 Public Improvements Public improvements may be made by the city government itself or by contract. The council shall award all contracts for such improvements; provided that the council may authorize the City Manager to award such contracts not exceeding an amount to be determined by the council and subject to such regulations as the council may prescribe. A contract for public improvements Gf ay be awarded only to the lowest and best responsible bidder after such notice and opportunity for competitive bidding as the council may prescribe and in compliance With the Oklahoma Public Competitive Biddina Act. All bids may be rejected, and further notice and opportunity for competitive bidding may be given COMMENT - The Oklahoma Competitive Bidding Act of 1974 was enacted subsequent to the approval of the City Charter. Amended over time, the Competitive Bidding Act defines a public improvement contract as exceeding $50,000 and sets forth the manner in which public agencies may let and award public improvement or public construction contracts. The $2,000 threshold should be deleted and replaced with language that incorporates the bidding procedures contained in the Oklahoma Public Competitive Bidding Act. It is important to note that Section 7- 104 (E) of the Owasso Code of Ordinances defines a competitive bidding procedure for public improvement contracts between $2,000 and $25,000. Section 6 -1 Nomination and Election; Terms; Nonpartisan Elections; Etc. d. The councilmen shall serve for the terms indicated, and until their respective successors are elected and qualify. Their terms shall begin on the first y- meetina in May in the year in which they are elected. If a councilman -elect fails to qualify within one month after the beginning of his term, his office shall become vacant, and the vacancy shall be tilled as other vacancies in the council are filled. COMMENT -1n this section of the Charter, the term of office for a newly elected council member is restricted to begin on a Monday. Section 2 -402 of the Owasso Code of Ordinances directs the City Council to hold regular meetings on the first and third Tuesday of each month. Newly elected council members are swom into office during the first meeting in May. This language creates a challenge when the first Council meeting occurs before the first Monday in May. The first "Monday" should be replaced with the first "meeting" in May. Section 6 -9 Political Activity of Officers and Employees No councilman or officer or employee of the city shall directly or indirectly solicit coerce or attempt to coerce any emplovee to participate or to refrain from participation in the nomination, election, or defeat of any candidate for councilman, or the recall of any councilman; but this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. }hip a PtIG.. eff8P *i.,o Gt tho tiPAP th.A P .=fiAn. bAr- q fi.,rd COMMENT — In their final report, the grand jury recommended removing the provision in the City Charter which prohibits city employees from participation in council elections. There is an inherent danger in council candidates seeking election assistance from city employees and the language contained in this section is intended to protect employees from coercion to participate in municipal political activities. Title 11 O.S. 22 -101.2 prohibits employer coercion directly or indirectly or attempts to coerce any municipal employee to participate or refrain from participation in municipal political activities or public meetings. Similar language is suggested should an amendment be considered. COUNCIL ACTION: An item has been placed on the November 11, 2014 worksession agenda for Council discussion. In order to place a charter amendment on the ballot for the March 3, 2015 election, a resolution and ballot language would need to be approved by the City Council before December 31, 2014. ATTACHMENT: Charter, City of Owasso Charter CHARTER OF THE CITY OF OWASSO, OKLAHOMA PREAMBLE ARTICLE 1 INCORPORATION, FORM OF GOVERNMENT, POWERS Section 1 -1 Incorporation Section 1 -2 Form of Government Section 1 -3 Powers of the City Section 1 -4 Construction Section 1 -5 Intergovern mental Relations Section 2 -1 Section 2 -2 Section 2 -3 Section 2 -4 Section 2 -5 Section 2 -6 Section 2 -7 Section 2 -8 Section 2 -9 Section 2 -10 Section 2 -11 Section 2 -12 Section 2 -13 Section 2 -14 Section 2 -15 Section 2 -16 Section 2 -17 ARTICLE 2 THE COUNCIL Councilmen: Number, Qualifications Mayor and Vice Mayor Councilmen: Compensation Council: Powers Council: Appointments and Removals City Clerk to be Clerical Officer of Council Council: Meetings Councilmen: Absences to Terminate Membership Councilmen: Removal Council: Vacancies Council: Quorum, Rules, Yeas and Nays Ordinances: Enacting Clause Ordinances: Passage, When in Effect Ordinances: Emergency Ordinances: Adoption by Reference Ordinances: Codification Initiative and Referendum ARTICLE 3 CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS Section 3 -1 City Manager: Appointment, Term, Qualifications, Removal Section 3 -2 Temporary Absence or Disability of City Manager Section 3 -3 City Manager: Powers and Duties Section 3-4 Administrative Departments, Offices, and Agencies C -1 Charter ARTICLE 4 DEPARTMENT OF FINANCE; FISCAL AFFAIRS Section 4 -1 Department of Finance; City Treasurer Section 4 -2 Purchases and Sales Section 4 -3 Sale of Property Valued at More Than $25,000.00 Section 4 -4 Public Improvements Section 4 -5 Fiscal Year ARTICLE 5 ARTICLE 7 RECALL Section 7 -1 MUNICIPAL COURT Section 5 -1 Municipal Court Section 7 -3 ARTICLE 6 Section 7 -4 ELECTIONS Section 6 -1 Nomination and Election: Terms; Nonpartisan Elections; Etc Section 6 -2 Wards: Number: Equal, Etc Section 6 -3 Primary Election Filing Section 6 -4 Primary Election: Time, Etc Section 6 -5 Primary Election: Who Nominated or Elected Section 6 -6 General Election: Time, Who Elected Section 6 -7 Registered Qualified Electors Section 6 -8 Elections: When Not Held Section 6 -9 Political Activity of Officers and Employees Section 6 -10 State Constitution and Law to Govern ARTICLE 7 RECALL Section 7 -1 Recall Authorized Section 7 -2 Recall Petition Section 7 -3 Recall Election: Council to Order Section 7 -4 Same: How Held Section 7 -5 Person Recalled or Resigning C -2 Section 8 -1 Section 8 -2 Section 8 -3 Section 8 -4 Section 8 -5 Section 8 -6 Section 8 -7 Section 8 -8 Section 8 -9 Section 8 -10 Section 8 -I1 Section 8 -12 Section 8 -13 Section 8 -14 Section 8 -15 Section 9 -1 Section 9 -2 Charter ARTICLE 8 OFFICERS AND EMPLOYEES GENERALLY Merit System Created: Appointments, Removals, Etc; Personnel Rules Personnel Board Created Classified and Unclassified Services Removal, Etc: Hearing Before the Personnel Board Qualifications of Officers and Employees Nepotism Holding More Than One Office Bonds of Officers and Employees Oath or Affirmation of Office Who May Administer Oadns and Affirmations Removal, Etc, of Officers and Employees Acting Officers and Employees Officers to Continue Until Successors are Elected or Appointed and Qualify Conflict of Interests Feminine Gender ARTICLE 9 AMENDMENT AND SEPARABILITY OF CHARTER Amendment: Proposal, Ratification, Approval Separability ARTICLE 10 SUCCESSION IN GOVERNMENT Section 10 -1 When Charter Goes Into Effect Section 10 -2 Officers and Employees to Continue Section 10 -3 Ordinances Continued Section 10 -4 Pending Actions and Proceedings Section 10 -5 Powers and Duties of the City Manage C -3 Charter CHARTER y (3 THE CITY OF OWASSO, OKLAHOMA ,h f,� PREAMBLE We, the people of the City of Owasso, exercising the powers of home rule granted to us by the Constitution and laws of the State of Oklahoma, in order to provide for more efficient, adequate, and economical government, do hereby ordain, ratify, and establish this Charter of the City of Owasso, Oklahoma. ARTICLE 1 INCORPORATION; FORM OF GOVERNMENT; POWERS Section 1 -1 Incorporation cfusbul—_�,n- K�Di When this Charter goes into effect, the Town of Owasso, Oklahoma, shall become a city, and within the corporate limits as now established or as hereafter may be established, shall be a municipal body politic and corporate in perpetuity under the name of "City of Owasso ". The city shall be the legal successor of the town; and as such, it shall succeed to and possess all the property and rights belonging to the town, and shall be liable for all debts and other obligations for which the town is legally bound at the time of the succession in government. Section 1 -2 Form of Government The municipal government provided by this Charter shall be known as a "council- manager government ". All powers of the city shall be exercised in the manner prescribed by this Charter, or, if the manner is not thus prescribed, then in such manner as the council may prescribe by ordinance. Section 1 -3 Powers of the Citv a. The city shall have all powers possible for a city operating under a home -rule charter to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. b. Provisions of state law relating to matters which may be regulated by cities operating under - rule charters, shall be in effect in this city only insofar as they are applicable and are not superseded by this Charter or by ordinance. Section 1 -4 Construction The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this article. Section 1 -5 Intergovernmental Relations The city may exercise any of its powers to perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. C -5 Charter ARTICLE 2 THE COUNCIL Section 2 -1 Councilmen Number Qualifications a. There shall be a council of five members, which shall consist of one councilman from each of the five wards of the city as the wards are now constituted or as they may hereafter be constituted by ordinances. b. Only qualified electors of the city who reside in the respective wards from which they are elected or appointed to fill a vacancy, shall be qualified for the offices of councilmen. Upon election, or appointment, as the case may be, such councilman shall continue to reside within the ward from which elected or appointed during the entire term of said councilman's office, or upon removal of residence therefrom, forfeit such office. No councilman may hold any office in the city government by appointment by the City Manager or by an subordinate of the City Manager. If the mayor or any other councilman is convicted of a crime involving moral turpitude, his office shall become vacant immediately when the case is finally determined. Section 2 -2 Mayor and Vice Mayor a. At the first meeting after the time prescribed for the beginning of the terms of newly elected councilmen, or as soon thereafter as practicable, the council shall elect from its membership a mayor and a vice mayor, who shall serve until the time prescribed for the beginning of the terms of the next newly elected councilmen. b. The mayor shall preside at meetings of the council. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law. He shall have no administrative duties except that lie shall sign such written obligations of the city as the council may require. As a councilman, he shall have all powers, rights, privileges, duties, and responsibilities of a councilman, including the right to vote on questions. C. The vice mayor shall act as mayor during the absence, disability, or suspension of the mayor, or, if a vacancy occurs in the office of mayor, until another mayor is elected by the council from its membership for completion of the unexpired term and qualifies. If the office of vice mayor becomes vacant, the council shall elect from its membership another vice mayor for completion of the unexpired term. Section 2 -3 Councilmen: Compensation Neither the mayor nor any other councilman may receive any compensation as mayor or councilman nor for any other service rendered the city, but may be reimbursed for expenses incurred in the discharge of their official duties. Section 2 -4 Council: Powers Except as otherwise provided in this Charter, all powers of the city, including the determination of all mattersyo'f policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power, subject to the state constitution, law, and this Charter: C -6 Charter a. To appoint and remove the City Manager; b. By ordinance to enact municipal legislation; C. To adopt the budget, raise revenue, and make appropriations; and to regulate bond elections, the issuance of bonds, sinking funds, the refunding of indebtedness, salaries, wages, and other compensation of officers and employees, and all other fiscal affairs of the city; d. To inquire in the conduct of any office, department, or agency of the city government, and investigate municipal affairs; and for this purpose, to subpoena witnesses, take testimony, and require the production of evidence; C. To appoint or elect and remove the members of the personnel board, the members of the planning commission, the members of the board of adjustment, and other quasi - legislative, quasi - judicial, or advisory personnel and authorities, now or when and if established, or to prescribe the method of appointing or electing and removing them. To regulate elections, the initiative and referendum, and recall. g. To create, change, and abolish all offices, departments, and agencies of the city government other than the offices, departments, and agencies created by this Charter; and to assign additional powers, duties and functions consistent with this Charter to offices, departments, and agencies created by this Charter. Section 2 -5 Council: Annointments and Removals Neither the council, the mayor, nor any of its other members may direct or request the appointment of any person to, or his removal from, office or employment by the City Manager or by any other authority; or, except as provided in this Charter, participate in any manner in the appointment or removal of officers and employees of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the City Manager; and neither the council nor any member thereof may give orders on administrative matters to any subordinate of the City Manager either publicly or privately. Section 2 -6 City Clerk to be Clerical Officer of Council The City Clerk shall be elected by the council for an indefinite term; provided, that the council by ordinance may provide that the city treasurer shall be ex- officio city clerk. He shall serve as clerical officer of the council. He shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law. Section 2 -7 Council: Meetings The council shall hold at least one regular meeting every month, such time as it may prescribe by ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings of the council, except executive sessions held to discuss personnel matters as authorized by law, shall be open to the public, and the journal of its proceedings shall be open to public inspection. C -7 Charter Section 2 -8 Councilmen: Absences to Terminate Membershi If the mayor or any other councilman is absent from more than one -half of all the regular and special meetings of the council held within any period of four consecutive calendar months, such person shall thereupon cease to hold office. Section 2 -9 Councilmen: Removal The mayor or any other councilman may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby, and by recall as provided in this Charter, Section 2 -10 Council: Vacancies The council, by majority vote of its remaining members, shall 611 vacancies in its own membership for the unexpired terms or until successors are elected as provided in this section. If a vacancy occurs before the beginning of a regular filing period for candidates for councilmen, and the unexpired term extends beyond the time when the terms of councilmen elected that year begin, then a councilman for that place shall be elected at the elections of that year to serve the rest of the unexpired term beginning at the time the terms of councilmen elected that year begin. Section 2 -11 Council: Quorum Rules Yeas and Nays A majority of all of the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The council may determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the journal. Section 2 -12 Ordinances• Enacting Clause The enacting clause of all ordinances passed by the council shall be, 'Be it ordained by the Council of the City of Owasso, Oklahoma ", and of all ordinances proposed by the voters under the power of initiative, "Be it ordained by the People of the City of Owasso, Oklahoma ". Section 2 -13 Ordinances Passage, When in Effect Every proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be required for its passage. The vote on final passage of every ordinance shall be by yeas and nays , and shall be entered in the journal. The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be published in full or by number, title, and a brief gist in a newspaper of general circulation within the city. Every ordinance except an emergency ordinance, so published, shall become effective thirty days after its final passage unless it specifies a later time: provided that a franchise for a public utility shall not go into effect until the ordinance granting it has been published in full in a newspaper of general circulation within the city and has been approved at an election by a vote of a majority of the qualified electors voting on the question. Section 2 -14 Ordinances: Emergency An emergency ordinance is an ordinance which in the judgment of the council is necessary for the immediate preservation of peace, health, or safety, and which should become effective prior to the time when an ordinary ordinance would become effective. Every such ordinance shall contain, as a part of its C -8 Charter title, the words, "and declaring an emergency ", and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least four councilmen shall be required for the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage unless it specifies a later time. Section 2 -15 Ordinances: Adoption by Reference The council by ordinance may adopt by reference codes, standards, and regulations relating to building, plumbing, electrical installations, milk and milk products, and other matters which it has power to regulate otherwise. Such code, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be filed and kept in the office of the City Clerk. Section 2 -16 Ordinances: Codification The permanent, general ordinances of the city shall be codified and published in book or pamphlet form at least every ten years unless the council, by use of a loose -leaf system, provides for keeping the code up to date. The ordinances and parts of ordinances included in the code may be revised, rearranged, and reorganized; and the code may contain new matter, provisions of the state constitution and law applicable to the city, and this Charter. A copy of the published code shall be filed in the office of the city clerk after the council adopts the code by ordinance, but the code need not be enrolled in the book of ordinances. Section 2 -17 Initiative and Referendum The powers of the initiative and referendum are reserved to the people of the city. In the exercise of these powers, the requirements of the state constitution and law shall be observed. ARTICLE 3 CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS Section 3 -1 City Manager: Appointment, Term Oualification� Removal a. There shall be a city manager. The council shall appoint Trim for an indefinite term by a vote of a majority of all its members. It shall choose him solely on the basis of his executive and administrative qualification. At the time of his appointment, he need not be a resident of the city or state; but, during his tenure of office, he shall reside within the limits of said city or the designated fenceline thereof. Neither the mayor nor any other councilman may be appointed city manager or acting city manager during his term nor within two years after the expiration of his term. b. The council may suspend or remove the city manager at any time by a vote of a majority of all its members; provided, that the council shall give him a written statement of the reason for the proposed removal at least twenty days before removal, and on request shall give him an opportunity for a public hearing thereon at or after the expiration of such time before removing him. Section 3 -2 City Manager Powers and Duties The City Manager shall be chief administrative officer and head of the administrative branch of the city government. He shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefore to the council. He shall: C -9 Charter a. Appoint and, when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors, or heads, of administrative departments and all other administrative officers and employees of the city except as he may authorize the head of a department, an officer, or an agency to appoint, lay off, suspend, demote, and remove subordinates in such department, office or agency. b. Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees. C. Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect and recommend to the council any changes in the budget which he deems desirable. d. Submit to the council a report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year. e. Keep the council advised of the financial condition and future needs of the city, and make such recommendations to the council on matters of policy and other matters as may seem to him desirable. f Have such other powers, duties, and functions as this Charter may prescribe, and such powers, duties, and functions consistent with this Charter as the council may prescribe. Section 3 -4 Administrative Departments,. Offices, and Agencies There shall be a department of finance headed by a city treasurer, a city attorney, and such other administ ative departments, offices, and agencies as the council may establish. ARTICLE 4 DEPARTMENT OF FINANCE; FISCAL AFFAIRS Section 4 -1 Department of Finance Citv Treasurer There shall be a department of finance, the head of which shall be the city treasurer. The City Manager shall appoint the city treasurer for an indefinite term. Subject to and in accordance with this Charter, applicable law, and such ordinances and other policies as the council may adopt, the city treasurer or personnel under his supervision and control shall collect or receive revenue and other money for the city; shall be responsible for its custody, safekeeping, deposit, and disbursement; shall maintain a general accounting system for the city government; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law. Section 4 -2 Purchases and Sales a. The City Manager, subject to any regulations which the council may adopt, shall contract for and purchase, or issue purchase authorizations for, all supplies, materials, and equipment for the offices, departments, and agencies of the city government. Every such contract or purchase exceeding an amount to be established by ordinance, shall require the prior approval of the council. The City Manager also may transfer to or between offices, departments, and agencies, or sell, surplus or obsolete supplies, materials, and equipment, subject to such regulations as the council may adopt. C -10 Chatter b. Before the purchase of, or contract for, any supplies, materials, or equipment, or the sale of any surplus or obsolete supplies, materials, or equipment, ample opportunity for competitive bidding, under such regulations and with such exceptions as the council may prescribe, shall be given; but the council shall not except an individual contract, purchase, or sale from the requirement of competitive bidding. C. The council by ordinance may transfer some or all of the power granted to the City Manager by this section to an administrative officer subordinate to the City Manager. Section 4 -3 Sale of Property Valued at More Than $25,000.00 The sale of any city property, real or personal, including public utilities, or of any interest therein, the value of which is more than $25,000.00 may be made only (1) by authority of an affirmative vote of a majority of the qualified electors of the city who vote on the question of approving or authorizing the sale at an election, or (2) by authority of a special non - emergency ordinance. Such ordinance shall be published in full in a newspaper of general circulation within the city within ten days after its passage, and shall include a section reading substantially as follows: "Section - -. This ordinance shall be referred to a vote of the electors of the city if a sufficient and lawful referendum petition is properly filed within thirty days after its passage; otherwise it shall go into effect thirty days after its passage." The sale of an entire public utility may be authorized only as provided in (1) hereinabove. Section 4 -4 Public Improvements Public improvements may be made by the city government itself or by contract. The council shall award all contracts for such improvements; provided that the council may authorize the City Manager to award such contracts not exceeding an amount to be determined by the council and subject to such regulations as the council may prescribe. A contract for public improvements of more than $2,000.00 may be awarded only to the lowest and best responsible bidder after such notice and opportunity for competitive bidding as the council may prescribe. All bids may be rejected, and further notice and opportunity for competitive bidding may be given. Section 4 -5 Fiscal Year The fiscal year of the city government shall begin on the first day of July and shall end on the last day of June of every calendar year. Section 4 -6 Independent Annual Audit The council shall designate a certified public accountant or accountants who shall make an independent audit of the accounts and evidences of financial transactions of the department of finance and of all other departments, offices and agencies keeping separate or subordinate accounts or making financial transactions, as of the end of every fiscal year at least, and who shall report to the council and to the City Manager. C -11 Charter ARTICLE 5 MUNICIPAL COURT Section 5 -1 Municipal Court Cases arising out of violations of the charter and ordinances of the city shall be tried by the existing municipal court created by state law or a lawful successor of such court created by state law; provided, that the council by ordinance shall have power to create a municipal court to hear and determine such cases if and when it deems it necessary or desirable to do so. ARTICLE 6 ELECTIONS Section 6 -1 Nomination and Election: Terms- Nonpartisan Elections Etc a. At the elections in 1973 and in every third year thereafter, the councilman from Ward One and the Councilman from Ward Two shall be elected for terms of three years. b. At the elections in 1973, the councilman from Ward Three and the Councilman from Ward Four shall be elected for terms of two years. At the elections in 1975 and in every third year thereafter, the councilman from Ward Three and the Councilman from Ward Four shall be elected for terms of three years. C. At the elections in 1973, the councilman from Ward Five shall be elected for a term of one year. At the elections in 1974 and in every third year thereafter, the councilman from Ward Five shall be elected for a term of three years. d. The councilmen shall serve for the terms indicated, and until their respective successors are elected and qualify. Their terms shall begin on the first Monday in May in the year in which they are elected. If a councilman -elect fails to qualify within one month after the beginning of his term, his office shall become vacant, and the vacancy shall be filled as other vacancies in the council are filled. e. All candidates for councilmen shall be nominated, and all councilmen shall be elected, at large, by the qualified electors of the entire city, although they must reside in the respective wards from which they are candidates. f. Both the primary and the general election shall be nonpartisan, and no party designation or emblem shall be placed on the ballots. g. Nothing in this Charter shall prohibit the use of voting machines. Section 6 -2 Wards: Number Equal Etc a. There shall be five wards, which shall be numbered from one to five. b. The wards shall be formed of compact, contiguous territory, and shall be substantially equal in population. C -12 Charter C. At intervals of not more than five years, the council shall review the wards and their boundaries and, if necessary, shall revise them to achieve and maintain such substantial equality in population among the wards. Section 6 -3 Primary Election: Filing Any person qualified for the office for which he is filing may have his name placed on the ballot for the primary election as a candidate for councilman from his ward by filing, on the first Monday, Tuesday, or Wednesday of February, unless any such day or days be a legal holiday or a day wherein the office of the secretary of the county election board is lawfully closed, whereupon such time shall be extended commensurate with the legal holiday or lawful closing, with the secretary of the county election board, a sworn statement of his candidacy. Section 6 -4 Primary Election: Time, Etc A primary election shall be held on the first Tuesday in March of every year to nominate candidates for councilmen to succeed those whose terms are expiring in the respective year. If only one person is a candidate for an office to be filled, he shall be not only nominated, but also elected ipso facto; and his name shall not appear on the primary or general election ballot. Every qualified elector of the city shall be entitled to vote for one candidate for each office to be filled. Section 6 -5 Primary Election: Who Nominated or Elected h7 a primary election, the two candidates for each office to be filled receiving the greatest number of votes for that office, shall be nominated. If one of the candidates for an office receives a majority of all votes cast for all candidates for that office, he alone shall be not only nominated, but also elected ipso facto; and his name shall not appear on the ballot for the general election. In case of failure to nominate because of a tie, the nominee or nominees (as the case may be) shall be determined from among those tying, fairly by lot, by the county election board in a public meeting. If one of the two candidates for an office nominated in a primary election dies or withdraws before the general election, the remaining candidate shall be elected ipso facto; and his name need not appear on the ballot for the general election. Section 6 -6 General Election: Time. Who Elected A general election shall be held in the city on the first Tuesday in April every year to elect the councilmen to succeed those whose terms are expiring in the respective year. Every qualified elector of the city may vote for one of the two candidates for an office to be filled, but may not vote for any other person. The candidate for each office receiving the greater number of votes, shall be elected. In case of failure to elect because of a tie, the election shall be determined from among those tying, fairly by lot, by the county election board in a public meeting. Section 6 -7 Registered Qualified Electors The term qualified elector as used in this Charter means a person who has the qualifications prescribed for electors by the state constitution and law, and who is registered as may be required by law. Section 6 -8 Elections: When Not Held If there are no candidates and no questions to be voted upon at a primary or general election, the election shall not be held. C -13 Charter Section 6 -9 Political Activity of Officers and Employees a. No officer or employee of the city except the councilmen and personnel who receive no compensation for their services, may work for or against, or attempt to influence, the nomination, election, or defeat of any candidate for councilman, or the recall of any councilman; but this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. b. Any person who violates this section shall be punished, upon conviction thereof, by a fine not exceeding twenty dollars including costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed an officer or employee who violates this section, he shall be automatically removed by conviction of violating this section effective at the time the conviction becomes final. Section 6 -10 State Constitution and Law to Govern The provisions of the state constitution and law applicable to city elections, shall govern such elections in this city insofar as they are applicable and are not superseded by this Charter or by ordinance. ARTICLE 7 RECALL In addition to the circumstances hereinbefore mentioned terminating the term of office of a councilman, any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby. Section 7 -1 Recall Authorized Any councilman may be recalled from office by the electors qualified to vote for the election of a successor to the incumbent, in the manner provided in this article. Section 7 -2 Recall Petition a. To initiate recall proceedings, a written statement proposing the recall of a councilman shall be signed by twenty or more registered qualified electors of the city, and shall be filed with the city clerk after the incumbent has held the office at least four months. The statement shall also contain the reason or reasons for which the recall is sought, in not more than two hundred words. Within five days, the city clerk shall mail a copy of such statement by registered, certified, or similar special mail to the officer at his residential address. Within ten days after the statement is mailed to the officer, the officer may make and file with the city clerk a written statement in duplicate justifying his conduct in office, in not more than two hundred words; and the city clerk on request shall deliver one copy to one of the persons filing the statement proposing the recall. b. The petition for recall shall include a demand that a successor to the incumbent sought to be recalled be elected, and shall also include before the space where the signatures are to be written the statement giving the reason or reasons for recall under the heading "STATEMENT FOR RECALL ", and if the officer has filed a statement as authorized, the statement justifying his conduct in office under the heading "STATEMENT AGAINST RECALL ". The two statements shall be in letters of the same size. A copy of the petition shall be filed with the city clerk within one month after recall proceedings are initiated by the filing of the first statement, and before the petition is circulated. C -14 Charter C. A number of registered qualified electors of the city equal at least to twenty percent (20 %) of the total number of votes cast for governor in the city at the last general state election at which a governor was elected, must sign the petition. Each signer shall write after his name his address within the city, giving street or avenue and number, if any. Not more than one hundred signatures may appear on a single copy of the petition. Petitions may be circulated only be registered qualified electors of the city; and the person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer signed the petition in his presence, that each signature on the petition is genuine, and that he believes each signer to be a registered qualified elector of the city. d. The circulated petition shall be filed with the city clerk not later than one month after the filing of a copy as provided above. Within one month after date of filing of the circulated petition, the city clerk shall examine it and ascertain whether it has been prepared and circulated as required, and whether the required number of registered qualified electors of the city have signed it. He shall then attach his certificate to the petition. 'If his certificate states that the petition has not been prepared and circulated as required and/or lacks a sufficient number of signatures, the petition shall have no effect. But, if the city clerk's certificate states that the petition has been prepared and circulated as required and has a sufficient number of signatures, he shall submit the petition and certificate to the council at its next meeting. Section 7 -3 Recall Election: Council to Order a. The council, by resolution or ordinance passed within one month after receiving the petition and certificate of the city clerk, shall order and fix the date for a recall election, which shall be held not less than forty days, nor more than fifty days, after passage of the resolution or ordinance. The city clerk shall cause the resolution or ordinance ordering the election to be published in full in a newspaper of general circulation within the city within ten days after its passage; and such publication shall be sufficient notice of the election. b. The qualified electors of the city may vote in a recall election on the election of successors to more than one officer on the same day. Section 7-4 Same: How Held a. The recall election shall be an election to fill the office held by the incumbent sought to be recalled. There shall be no primary. Any qualified person, including the incumbent, may file as a candidate for the office. The candidate receiving the greatest number of votes in the recall election shall be elected. If a candidate other than the incumbent is elected, the incumbent shall be recalled from office effective as of the time when the result of the election is certified. The successful candidate must qualify within one month thereafter; and if he fails to do so, the office shall be vacant, and the vacancy shall be filled as other vacancies in the council are filled. A candidate thus elected and qualifying shall serve for the unexpired term. If the incumbent is a candidate and receives the greatest number of votes, he shall continue in office without interruption, and recall proceedings may not again be initiated against him within one year after the election. b. The provisions of this Charter relating to city elections shall also govern recall elections insofar as they are applicable and are not superseded by the provisions of this article. C -15 Charter Section 7 -5 Person Recalled or Resigning A person who has been recalled from an office, or who has resigned from such office while recall proceedings were pending against him, may not hold any office or position of employment in this city government within three years after his recall or resignation. ARTICLE 8 OFFICERS AND EMPLOYEES GENERALLY Section 8 -1 Merit System Created Appointments Removals Etc; Personnel Rules A merit system is hereby established for personnel in the city service. Appointments and promotions in the service of the city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service. The council, consistently with this Charter, by ordinance or personnel rules, may regulate personnel matters and provide for proper personnel administration. Section 8 -2 Personnel Board Created a. There shall be a personnel board consisting of three members appointed by the council for overlapping three -year terms. The term of one member shall begin July 1 in every year. The council shall appoint the original members so that the term of one will expire at that time in each of the first three succeeding years. A member may not hold any other office or position of employment in the city government. The council, by a vote of a majority of all its members, after adequate opportunity for a public hearing, may remove a member for the good of the service; and the vote shall be by yeas and nays and shall be entered in the journal. The council shall fill vacancies for the unexpired terms. Members shall serve without compensation unless the council provides otherwise. b. At the time prescribed for the beginning of the term of a newly appointed member or as soon thereafter as practicable, the board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings. C. The personnel board shall have power to subpoena officers and employees of the city and other persons to testify and to produce documents and other effects as evidence. Section 8 -3 Classified and Unclassified Services a. All officers and employees of the city shall be divided into the classified and the unclassified service. b. The following shall constitute the unclassified service: (1) The mayor and other councilmen, the municipal judge or judges, and the city clerk. (2) The city manager, one assistant city manager, if any, the principal secretary to the city manager, if any, and the city attorney. (3) Members and secretary of each board, commission, or other plural authority. C -16 Charter (4) All personnel who serve without compensation. (5) All temporary and all part-time officers and employees, except those whom the council may place in the classified service or by ordinance or personnel rules. (6) Not to exceed ten additional officers and/or employees whom the council may place in the unclassified service by ordinance or personnel rules after the city reaches a population of 25,000. c. All other officers and employees shall be in the classified service. d. Nothing herein shall prohibit including unclassified personnel in the classification plan for pay purposes. Section 8 -4 Removal, Etc; Hearing Before the Personnel Board a. The city manager or any other authority who lays off, suspends without pay for more than ten (10) days, demotes, or removes any officer or employee in the classified service after a probationary period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail by registered, certified, or similar special mail, to the officer or employee a written statement of the reason or reasons for the layoff, suspension, demotion, or removal. b. Such officer or employee may appeal in writing to the personnel board. The appeal must be filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten days after receipt of notice of the layoff, suspension, demotion, or removal. C. As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give � an adequate opportunity therefor, and shall report in writing its findings and recommendations, in cases or subordinates of the city manager, to the city manager, and in other cases to the respective authorities having power of removal. The city manager or other authority having power of removal shall then make a final decision in writing regarding the appellant's layoff, suspension, demotion, or removal, as the case may be; provided that, if the board finds that the layoff, suspension, demotion, or removal was made for a political reason or reasons or for any other reason or reasons than the good of the service, it shall veto the layoff, suspension, demotion, or removal, and the action by the city manager or other authority shall be nullified thereby. Section 8 -5 Qualifications of Officers and Employees Officers and employees of the city shall have the qualifications prescribed by this Charter and such additional qualification as the council may prescribe; but the council shall not prescribe additional qualifications for councilmen. Section 8 -6 Nepotism Neither the city manager, the council, nor any other authority of the city government, may appoint or elect any person related to any councilman, to the city manager, or to himself, or, in the case of a plural authority, to one of its members, by affinity or consanguinity within the third degree, to any office or position of profit in the city government; but this shall not prohibit an officer or employee already in the service of the city from continuing and being promoted therein. C -17 Charter Section 8 -7 Holding More Than One Office Except as may be otherwise provided by this Charter or by ordinance, the same person may hold more than one office in the city government. The city manager may hold more than one such office, through appointment by himself, by the council, or by other city authority having power to fill the particular office, subject to any regulations which the council may make by ordinance; but he may not receive compensation for service in such other offices. Also the council by ordinance may provide that the city manager shall hold ex officio designated offices subordinate to the city manager as well as other designated compatible city officer, not withstanding any other provision of this Charter. Section 8 -8 Bonds of Officers and Employees The city manager, the city treasurer, and such other officers and employees as the council may designate, before entering upon their duties shall provide bonds for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums on such bonds. Section 8 -9 Oath or Affirmation of Office Every officer of the city, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the state constitution. The oath or affirmation shall be filed in the city clerk's office. Section 8 -10 Who May Administer Oaths and Affirmations All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the municipal judge or judges, and such other officers as the council may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the city. Section 8 -11 Removal. Etc of Officers and Employees The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; and the city manager, the council, or other appointing or electing authority at any time may lay off, suspend, demote, or remove any officer or employee to whom he, the council, or the other appointing or electing authority respectively may appoint or elect a successor. Section 8 -12 Acting Officers and Employees The appointing or electing authority who may appoint or elect the successor of an officer or employee, may appoint or elect a person to act during the temporary absence, disability, or suspension of such officer or employee, or, in case of a vacancy, until a successor is appointed or elected and qualified, unless the council provides by general ordinance that a particular superior or subordinate of such officer or employee shall act. The council by general ordinance may provide for a deputy to act in such case. Section 8 -13 Officers to Continue Until Successors are Elected or Appointed and Qualify Every officer who is elected or appointed for a term ending at a definite time, shall continue to serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner tenninated by resignation, removal, disqualification, death, abolition of the office, or other legal manner. C -18 Charter Section 8 -14 Conflict of Interests a. Neither the mayor, any other councilman, nor the city manager shall sell or barter anything to the city or to a contactor to be supplied to the city; or make any contract with the city; or purchase anything from the city other than those things which the city offers generally to the public. Any such officer violating this section, upon conviction thereof, shall thereby forfeit his office. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the city, shall render the contract voidable by the city manager or the council. This subsection shall not apply in cases in which the city acquires property by condemnation. b. The council by ordinance or personnel rules may further regulate conflict of interests and ethics of officers and employees of the city. Section 8 -15 Feminine Gender When the masculine gender is used in this Charter, it shall also include the feminine unless the masculine alone is clearly indicated. ARTICLE 9 AMENDMENT AND SEPARABILITY OF CHARTER Section 9 -1 Amendment;_ Proposal, Ratification. Annroval This Charter may be amended by proposals therefor submitted by the council, or by the mayor upon initiative petition of the electors as provided by the state constitution, at a general or special election, ratified by a majority of the qualified electors voting thereon, and approved by the governor as provided by the state constitution. If more than one amendment is proposed, all of them except those which are so interrelated that they should be ratified or rejected together, shall be submitted in such manner that the electors may vote on them separately. A proposition to amend this Charter may be either in the form of a proposed amendment to a part or parts of the charter or of a proposed new charter. Section 9 -2 Separability a. If a court of competent jurisdiction holds any section or part of this Charter invalid, such holding shall not affect the remainder of this Charter nor the context in which such section or part so held invalid may appear, except to the extent than an entire section or part may be inseparably connected in meaning and effect with that section or part. b. If a court of competent jurisdiction holds a part of this Charter invalid, or if a change in the state constitution or law renders a part of this Charter invalid or inapplicable, the council by ordinance may take such appropriate action as will enable the city government to function properly. C -19 Charter ARTICLE 10 SUCCESSION IN GOVERNMENT Section 10 -1 When Charter_Goes Into Effect This Charter shall go into effect immediately upon its ratification by a vote of a majority of the qualified electors of the town voting upon the question at an election and its approval by the Governor as provided by the State Constitution, and the government created by this Charter shall supersede the heretofore existing town government as of that time. Section 10 -2 Officers and Emnlovees to Continue When this Charter goes into effect, the trustees under the town government shall become councilmen from their respective wards, and shall continue in office until their terms expire. The chairman of the board of trustees, the town treasurer, the town clerk, and the town marshal shall become respectively mayor, city treasurer, city clerk, and chief of police under this Charter. All other officers and employees under the town government (including members of all boards and commissions) shall continue in their respective offices and positions of employment under this Charter. Section 10 -3 Ordinances Continued All ordinances, insofar as they are not inconsistent with this Charter, shall continue in effect until they are repealed or until they expire by their own limitations. Section 10 -4 Pending Actions and Proceedings The adoption of this Charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes effect, brought by or against the municipality or any office, department, agency or officer thereof. Section 10 -5 Powers and Duties of the City Manaeer Notwithstanding any other provisions of this Charter, during the interim between the going into effect of this Charter and the appointment of the first city manager, the city council shall have the duties and may exercise the powers of the city manager. C -20 O—T Citdy! out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Priority Determination DATE: November 7, 2014 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the priority determination of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. First, the Capital Improvements Committee conducts a public meeting to consider proposed amendments to the priority determination of projects proposed to be funded by the third -penny sales tax. Following such consideration, the Capital Improvements Committee shall provide a recommendation to the City Council regarding the proposed amendment. Next, the City Council conducts a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee and the proposed amendment to the list of project priorities eligible to receive funding from the third - penny sales tax. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, the City Council must continue the matter for at least two weeks before taking any action to amend the project priority listing. Any action taken by the City Council to amend the current list of priority projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted July 1, 2014, Resolution 2014 -05 designated the following list of projects as priorities eligible for funding from the Capital Improvements Fund: • East 86th Street North Widening Project (Main to Memorial) • East 106th Street North and North Garnett Road Intersection Improvements • East and West Service Roads between East 66th Street North and East 126th Street North • East 76th Street North Widening Project from Hwy 169 to North 129th East Avenue • Sportspark • Vehicle Maintenance Facility • Main Police Station /City Hall • East 96th Street North and North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from East 96th Street North to East 106th Street North • Elm Creek Park Improvements • Transportation Master Plan • Intersection of 116th Street North and 129th East Avenue CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On October 28, 2014, the Capital Improvements Committee held a Special Meeting in accordance with Resolution 2003 -14 and provisions of the Oklahoma Open Meeting Act to consider a recommendation to the Owasso City Council amending the current list of projects funded through the Capital Improvements Fund. Public Works Engineer, Dwayne Henderson, presented information in consideration of a capital prioritization recommendation for the signalization of the intersection at Highway 20 and North 140th East Avenue. Detailed rationale for this request is included in the attached memorandum dated October 24, 2014. Fire Chief, Chris Garrett, presented information in consideration of a capital prioritization recommendation for a replacement fire engine. Detailed rationale for this request is included in the attached memorandum dated October 17, 2014. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the priority determination to include the following projects: • Intersection Signalization at Highway 20 and North 140th E Avenue • Fire Engine PUBLIC HEARING: In accordance with the procedure for amending the priority determination of capital improvement projects, a public hearing will be held by the City Council in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. The public hearing is scheduled to be held on Tuesday, November 18, 2014 and notice will be published in the Owasso Reporter on Thursday, November 13. Information regarding the public hearing and the recommendation of the Capital Improvements Committee has been placed on the city's website. ATTACHMENTS: Resolution No. 2014 -05 Public Works Memorandum to the CIP Committee dated October 24, 2014 Fire Department Memorandum to the CIP Committee dated October 24, 2014 CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2014.05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS TO ADD INTERSECTION IMPROVEMENTS AT NORTH 129 EAST AVENUE AND EAST 116 STREET NORTH WHEREAS, on the 141h day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as priority projects eligible for funding from the Capital Improvement Fund: East 86th Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road Intersection Improvements East and West Service Roads between E. 661h Street North and E. 126th Street North E. 761h Street North Widening Project from Hwy 169 to N. 1291h East Avenue Sportspark Vehicle Maintenance Facility Main Police Station /City Hall East 96th Street North & North 129th East Avenue Infrastructure Improvements Annual Street Rehabilitation Program Garnett Road Widening Project from E. 96th Street North to E. 106th Street North Elm Creek Park Improvements Transportation Master Plan WHEREAS, the City Council, after having received a recommendation from the Capital Improvements Committee that Intersection Improvements at East 116 Street North and North 129 East Avenue be added as a priority capital project and after properly notifying the Public in accordance with Resolution No. 2003 -14, has held a Public Hearing on Tuesday, June 17, 2014, as required by the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to-wit: The Capital Projects heretofore designated as priorities be amended by providing, to -wit: the Intersection Improvements Project at East 116 Street North and North 129 East Avenue is hereby approved and shall be considered as a priority capital project for funding from the Capital Improvements Fund. DATED this 1st day of July, 2014 ATTEST: / J ri oberly, Mayor (C Sherry Bishop, ! ty Cl - N v • JJG� � ?,v �. (SEAL) APPROVED AS TO FORM: OrrrarAL O �• SEAL <:_ Z L9 r" p�vl�a ci�rS1 P Julfe Lombardi; City Attorney 0 AHOMP' -qpAR 0 The Ciiy Wit out Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Priority Determination DATE: June 27, 2014 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the priority determination of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. First, the Capital Improvements Committee conducts a public meeting to consider proposed amendments to the priority determination of projects proposed to be funded by the third -penny sales tax. Following such consideration, the Capital Improvements Committee shall provide a recommendation to the city Council regarding the proposed amendment. Next, the City Council conducts a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee and the Proposed amendment to the list of project priorities eligible to receive funding from the third - penny sales tax. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, the City Council must continue the matter for at least two weeks before taking any action to amend the project priority listing. Any action taken by the City Council to amend the current list of priority projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted July 16, 2013, Resolution 2013 -13 designated the following list of projects as priorities eligible for funding from the Capital Improvements Fund: • East 861h Street North Widening Project (Main to Memorial) • East 1061h Street North and North Garnett Road Intersection Improvements • East and West Service Roads between E. 66th Street North and E. 1261h Street North • E. 761h Street North Widening Project from Hwy 169 to N. 129th East Avenue • Sportspork • Vehicle Maintenance Facility • Main Police Station /City Hall • East 96th Street North & North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from E. 961h Street North to E. 1061h Street North • Elm Creek Park Improvements • Transportation Master Plan INTERSECTION IMPROVEMENTS: The E I I6thSt N and N 1291h E Ave intersection is a heavily trafficked area that conveys residential and commercial traffic, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from the Collinsville and to commercial areas near Hwy 169 and E 1161hSt N. With the continued residential and commercial growth in the area, Tulsa County and City of Owasso have been discussing potential funding options and construction timelines. A proposed solution involves a joint partnership to share costs relating to the planning and construction phase of E I I61h St N and N 1291h E Ave intersection improvements. Funding for the project would be through the ODOT Surface Transportation Program which provides federal funds in the amount of 80% for the construction cost and requires a 20% local match (City of Owasso /Tulsa County), CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On May 27 2014, the Capital Improvements Committee held a Special Meeting in accordance With the Oklahoma Open Meeting Act and City Council Resolution 2003 -14. The purpose of the meeting was to consider a recommendation to the City Council to amend the current list of projects funded through the Capital Improvements Fund. CIP Committee members discussed an overview of the intersection improvements. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the priority determination to include Intersection Improvements at East 116th Street North and North 129th East Avenue. PUBLIC HEARING: In accordance with the procedure for amending the priority determination of capital improvement projects, the City Council must conduct a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. Information regarding the public hearing was published in the Thursday, June 5, 2014 edition of the Owasso Reporter as required by Resolution 2003 -14 and the public hearing was conducted on June 17, 2014. RECOMMENDATION: Staff recommends approval of Resolution No. 2014 -05 amending the priority determination to include Intersection Improvements at East 116th Street North and North 1291h East Avenue. ATTACHMENT: A. Resolution No. 2014 -05 TO: Capital Improvements Committee City of Owasso From: Roger Stevens Public Works Director Subject: Highway 20 and North 1401h East Avenue Intersection Traffic Signal Improvements Date: October 24, 2014 BACKGROUND: The Highway (Hwy) 20 and North 140th East Avenue intersection is a heavily trafficked area that conveys residential and commercial traffic, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from Claremore and commercial areas near Hwy 169 and Hwy 20. With the continued residential and commercial growth in the area, Oklahoma Department of Transportation (ODOT) and City of Owasso have been discussing potential funding options and construction timelines for improvements. Staff from both entities are proposing a joint partnership in order to share costs relating to the planning and construction phase of Hwy 20 and N 140th E Ave traffic signal improvements. Funding for the project would be through the ODOT, with a match from the City of Owasso. ODOT provides federal funds of 80% for the planning and construction costs and the City of Owasso would be required to provide a 20% local match. TRAFFIC SIGNAL WARRANT EVALUATION: In November 2013, Traffic Signal Consultants, Inc. performed a traffic signal warrant evaluation. With over 26,500 vehicles per day traveling through the intersection, the study confirmed traffic signal improvements were warranted to address traffic flow and safety concerns. SCOPE OF WORK: The proposed intersection improvements would include traffic signals, coordination plan and roadway striping. The estimated project total cost is $270,000 which includes engineering and construction costs. FUNDING: As mentioned, ODOT funding would be utilized to assist with this project, 80% of eligible project costs, while the local government funds the remaining 20 %. Based on this information, ODOT's portion is estimated to be $216,000 with a projected local match of $54,000. RECOMMENDATION: Staff recommends approval to add Highway 20 and North 140th East Avenue Intersection Traffic Signal Improvements to the Capital Improvement Priority List. ATTACHMENT: Site Map 3 20 HWY & N 140th E AVE INTERSECTION CITY OF OWASSO LOCATION MAP 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 (00? Sd The City Wi out Limits. TO: Capital Improvement Committee FROM: Christopher A. Garrett Fire Chief SUBJECT: Engine 2 Replacement DATE: October 17, 2014 BACKGROUND The administrators of the fire department routinely evaluate the operational suitability and condition of each pumping apparatus. After a thorough evaluation, staff has determined that there is an immediate need to replace Engine No. 2, which is a critical component of the fire department's ability to deliver reliable emergency services. Engine No. 2, a 2002 model year American LaFrance pumper (Figure 1), was purchased as a demonstrator truck from a local vendor, delivered and placed into service on March 19, 2004. Since 2004, the apparatus has been utilized as a reserve truck and operated in a front line status. The apparatus is currently deployed from Fire Station No. 2 as a front line emergency response pumper, and has 58,366 miles. A pumper truck typically has a life span of twenty- years; staff has determined that there is an immediate need to replace this apparatus before that timeframe. OPERATIONS The apparatus was not built to suit the needs of the fire department for the delivery of critical emergency services to the community, and is lacking in some of the standard features found on recently purchased specification apparatus. The lack of these features can limit the capability of the apparatus and personnel. This decreases the fire department's effectiveness in its ability to deliver emergency services to the community. NFPA The National Fire Protection Association (NFPA) publishes industrial standards for the fire service. The NFPA Standard 1901 for Pumping Apparatus defines the requirements for new automotive Year Model Type Mileage Condition' Fire Station No. 1 2007 Pierce Pumper 68,719 od Fire Station No. 1 2000 Ferrara 75 ft. Ladder 57,673 Poor Fire Station No. 2 2002 American LaFrance Pumper 58,366 Poor Fire Station No. 3 2010 Pierce Pumper 27,620 Good Reserve - Pumper - OPERATIONS The apparatus was not built to suit the needs of the fire department for the delivery of critical emergency services to the community, and is lacking in some of the standard features found on recently purchased specification apparatus. The lack of these features can limit the capability of the apparatus and personnel. This decreases the fire department's effectiveness in its ability to deliver emergency services to the community. NFPA The National Fire Protection Association (NFPA) publishes industrial standards for the fire service. The NFPA Standard 1901 for Pumping Apparatus defines the requirements for new automotive fire apparatus that are designed to be used under emergency conditions to transport personnel and equipment. The 2002 American LaFrance pumper was built to the NFPA 1901, year 1999 standard. Since then, there have been updates in 2003 and 2009. The current NFPA 1901 Standard addresses items such as; "Black Box" data recording, vehicle stability, maximum speed, minimum equipment and mounting, safety devices, engine and brakes, electrical, emergency lighting, reflective materials, structural integrity, mirrors, body and compartments, fire pump ratings, pump controls, seat belts, air bags, etc. Most of the changes to the standard that have been added or modified since the year 1999 and reflect the most up- to -date safety devices available in motor vehicles. The American LaFrance pumper does not have what the department would consider, today, as the basic safety features of a common motor vehicle. The pumper lacks electric adjustable side view mirrors, air bags, traction control, anti -lock brakes, seatbelt use indicators and a rear view camera. The American LaFrance pumper falls short of meeting the current standard and it would not be fiscally responsible to modify the truck to the current NFPA standard. MECHANICAL /MANUFACTURER The apparatus has experienced multiple, crippling mechanical failures since it was placed into service. Each time it has been very difficult to trace the exact cause of the failures due to the poor design of the apparatus. Most recently, the truck was out of service for weeks until the service technician could arrive from Oklahoma City. Another concern is the permanent closure of the manufacturer. The original manufacturer relocated from the northeast United States to another state in 2007, filed and emerged from Chapter 11 bankruptcy in 2008 and was then acquired by the equity firm, Patriarch Partners of New York. Patriarch Partners specializes in purchasing American companies that have fallen from economic favor. Since 2008, this has severely limited parts availability and technical support. As of today, there is a bleak future for available parts. The closed manufacturer has assured the owners of American LaFrance fire trucks that parts will still be available through independent, third party aftermarkets. The fire department is currently on long waiting lists for parts, such as replacement seatbelts, without a foreseeable delivery date. As time passes, staff expects the truck will have to be placed out of service due to problems that cannot be resolved. FUNDING When initially established, the Fire Capital Fund was to provide a reliable funding mechanism that was independent of sales tax revenues. The original intent of this funding was to purchase and replace the department's fire suppression apparatus in accordance with accepted fire service standards. This plan would have ensured that a reliable, efficient and safe fire suppression fleet would be afforded to the citizens of Owasso. As the years progressed, the Fire Capital Fund has been utilized to offset the lack of funding that would typically be budgeted in the General Fund Capital for the fire department. If available, the General Fund Capital would purchase equipment, replace equipment as lifespans expire, and repair facilities, at a cost of approximately $50,000- $50,000 annually. Since the General Fund cannot allocate the funds necessary to purchase equipment and repair facilities, the Fire Capital Fund has filled the void, and in turn has severely reduced the amount of funding available to sustain a fire truck purchase and replacement program. The creation of the Public Safety Fund, replacing the Fire Capital Fund, has reduced capital funding for the fire department by an additional $60,000 per year, thus further limiting the department's ability to procure replacement apparatus. Given the current status of the Public Safety Capital Fund and the General Capital Fund, if funds are not allocated for the purchase of a pumper truck from the Capital Improvements Program, the 2002 American LaFrance Pumper cannot be replaced utilizing Fire Capital funds until the budget year 2026/27, at which time the pumper will be 24 years old. PUMPER COST Due to funding not being available in the near future, to purchase the replacement for the 2002 American LaFrance pumper, financing options were researched in the hope that the short-term price of the replacement pumper could be afforded utilizing existing revenue streams. The mechanism that has been utilized by the fire department in the past to reduce the amount of interest paid requires the full payment to be made prior to the delivery of the pumper. This reduces the overall price of the pumper from $ 610,000, by approximately $ 20,000. The city would still need to provide approximately $ 590,000 from the time the order was placed through delivery of the pumper. RECOMMENDATION Staff recommends that the Capital Improvements Committee accept the purchase of a new fire pumper out of the Capital Improvements Program as a priority project. City of Owasso FY 2014 -2015 Monthly Sales Tax Comparisons Year -to -Date Sales Tax Totals $2,500,000 $25,000,000 $2,000,000 -- ,.o $20,000,000 $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 $20,000,000 316,000,000 $10,000,000 $5,000,000 S- Jul Aug Sep OU Nov Dec Jan Feb Mar Apr May Jun City of Owasso Sales Tax Report . Budget to Actual Comparison November 9, 2014 2014 -2015 2014 -2015 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 1,865,193.66 8.4% $ 1,870,945.01 8.4% $ (5,751.35) -0.3% Aug 1,820,787.95 8.2% 1,817,102.12 8.2% 3,685.83 0.2% Sep 1,832,861.33 8.3% 1,787,552.87 8.1% 45,308.46 2.5% Oct 1,896,450.88 8.5% 1,833,447.25 8.3% 63,003.63 3.4% Nov 1,808,170.81 8.1% 1,743,972.52 7.9% 64,198.29 3.7% Dec Jan Feb Mar Apr May Jun Totals $ 9,223,464.63 41.5% $ 9,053,019.77 40.8% $ 170,444.86 1.9% City of Owasso Sales Tax Report Two Year Comparison November 9, 2014 Note: Fiscal Year 2015 Sales Tax Budget is $22.2 million; FY'14 actual was $21 million. Fiscal 2014 -2015 Fiscal 2013 -2014 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent Jul $ 1,865,193.66 8.4% $ 1,704,984.63 8.1% $ 160,209.03 9.4% Aug 1,820,787.95 8.2% 1,678,483.46 8.0% 142,304.49 8.5% Sep 1,832,861.33 8.3% 1,617,952.06 7.7% 214,909.27 13.3% Oct 1,896,450.88 8.5% 1,677,144.73 8.0% 219,306.15 13.1% Nov 1,808,170.81 8.1% 1,612,339.06 7.7% 195,831.75 12.1% Dec Jan Feb Mar Apr May Jun Totals $9,223,464.63 41.5% $8,290,903.94 39.4% $ 932,560.69 11.2% 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 1,678,483.46 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 1,808,170.81 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 1,613,882.69 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 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 89,434.02 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 60,594.21 47,738.06 52,885.66 47,548.94 Feb 75,453.77 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 75,138.73 41,989.03 33,512.24 57,883.91 $343,727.38 $ 853,049.73 $626,430.51 $566,049.69 $ 521,690.36 $ 580,127.66