Loading...
HomeMy WebLinkAbout2015.04.14_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, April 14, 2015 - 6:00 pm 1. Call to Order Mayor Jeri Moberly 2. Discussion relating to Community Development items Karl Fritschen A. Annexation (OA- 15 -02) & Rezoning (OZ- 15 -01) - 14401 E 100th St N B. PUD - The Cottages at Tallgrass Point (86th & Mingo) C. FY 2014 -2015 CDBG Sidewalk Project - Construction Contract Bid 3. Discussion relating to Vision 2025 Excess Funds Projects Teresa Willson RECEIVED APR i 0 2015,Qw City Clerk's Office 4. Discussion relating to Capital Improvement Projects - Amended Priority List (Radio System Upgrades) Teresa Willson 5. Discussion relating to amendment to Solicitors Permit Ordinance Julie Lombardi 6. Discussion relating to proposed amendments to sewer system ordinances including pretreatment requirements for discharge of fats, oils, and grease Travis Blundell 7. Discussion relating to City Manager items • 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, April 10, 2015. Sherry Bisho /City Clerk - TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, Chief Urban and Long Range Planner SUBJECT: Annexation (OA- 15 -02) & Rezoning (OZ- 15 -01) - 14401 East 100th Street North DATE: April 10, 2015 BACKGROUND: The Community Development Department received a request for annexation and rezoning for property located at 14401 East 1001h Street North. The property contained one residential structure, but was recently demolished. The property totals 2.84 acres in size and measures 143 feet along the front and 745.70 feet deep. The applicant has indicated that he wishes to build a Montessori school on the property in several phases. SUMMARY TABLE: Direction Zonin Use Land Use Plan Jurisdiction North (Agriculture) Undeveloped Transitional Tulsa County South AG Fire Developed Publi c City of City of Owasso station Storm siren fee of $35 /acre; Elm Creek Sewer Payback fee of 1580 /acre Streets (public or private) Owasso East RE (Residential Developed Residential Rogers Estates Count West RE (Residential Estates Developed p Residential Tulsa Count y SUBJECT PROPERTY /PROJECT DATA: Property Size 2.84 acres Current Zoning AG Tulsa Count Proposed Use Private School Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? N/A Water Provider City of Owasso Applicable Paybacks Storm siren fee of $35 /acre; Elm Creek Sewer Payback fee of 1580 /acre Streets (public or private) N/A ANALYSIS: As part of the annexation request, the applicant is requesting OL (Office Light) 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 transitional uses in this location so applying OL zoning to the property is appropriate as OL is an approved zoning district within the transition use area. ANNEXATION COMMITTEE: The annexation committee met on March 25, 2015 regarding the annexation request and determined that the City can serve the property with police, fire, EMS and utilities and recommend approval to annex the subject property into the corporate limits of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission met at their regular meeting on April 13, 2015 and recommended approval to annex and rezone the property to OL. RECOMMNEDATION Staff recommends City Council approve the annexation request OA 15 -02 and associated rezoning request OZ 15 -01. ATTACHMENTS: Area Map Aerial Map OA 15 -02 & OZ 15 -01 4, W z 4 _ 'c m ___ -- -RicfiE 102 -StA ='� Z i 1 xo;E•.ip2 l w - E101-STN- - £ t01st -StF— _I_ - -_ _ _ _ _ �__.,.• CT•N I 7 \ II I W Ilz °l I I ,W ca 1Aocd I ^ - N- E 101 ST'N -f J / �q C� eZ - - - - -- - E1005[rNl I � 2! I r i i I I I LLE.g9.St.N _ _ _ _ _ _ _ _ I �J a .g Z I I I Annexation & -A. 1" = 376 ft 03/05/2015 ``�-'✓�'' Rezoning 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. OA 15 -02 & OZ 15 -01 Annexation & 1" = 376 ft Rezoning 03/0512015 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up-to -date information. The City Wit out Limifs. TO: The Owasso City Council FROM: Karl A. Fritschen AICP, RLA Chief Urban and Long Range Planner SUBJECT: Planned Unit Development, PUD -15 -01 -The Cottages at Tallgrass Point DATE: April 10, 2015 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) application for review and approval of a development called The Cottages at Tallgrass Point. The Cottages at Tallgrass Point development proposes an apartment complex consisting of 266 -units in 18 buildings on 13.37 acres. The subject property is located just to the northwest of the intersection of 86th St. N. and Mingo Rd. across from the Villas at Bailey Ranch Apartments. The applicant also submitted a concurrent rezoning request with this PUD that would rezone the property from AG (Agriculture) to RM (Multi - Family Residential), allowing for the development of an apartment complex. The PUD would essentially act as an overlay and govern the development of the property. For multi - family units a PUD is required per the Owasso Zoning Code, Section 410.4 SURROUNDING ZONING: Direction Zoning Use land Use Plan Jurisdiction North AG (Agriculture) Residential Transitional Tulsa Count South AG (Agriculture) Undeveloped Commercial City of Owasso East RM /CS (Residential Multi - Family and Commercial Shopping) Apartments Commercial & Transitional City of Owasso West AG (Agriculture) Railroad Residential Tulsa Count SUBJECT PROPERTY /PROJECT DATA: Property Size 13.37 acres Current Zoning AG Tulsa Count Proposed Use Apartment Units Lots /Blocks 1 Lot, 1 Block Land Use Plan Transitional and Commercial Number of Reserve Areas N/A Number of Buildings 7 Residential, 1 I Residential With Garage, 1 Clubhouse DU /Acre 19.90 Total Building SF 255,326 Within PUD? N/A Within Overlay District? N/A Water Provider City of Owasso Applicable Paybacks Storm siren fee of $35 /acre; Ranch Creek Sewer Pa back Streets (public or private) N/A CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. Additionally, a PUD typically produces a higher quality product with better amenities, architecture, landscaping and buffering. ANALYSIS: The property is in the process of being annexed into the City Limits under Ordinance 1050. The Cottages at Tallgrass Point development proposes a 266 -unit apartment complex on 13.37 acres, which results in a net post development density of 19.9 dwelling units per acre. The apartments are proposed as low -rise buildings 2 and 3- stories in height with a mixture of one and two - bedroom units. The proposed PUD identifies two access points, both connecting to Mingo Road. The northernmost access point will be for emergency access only, while the southern access point will be full access and gated. Garages are provided for a portion of the units, for a total of 488 spaces for the entire development or 1.83 spaces provided per unit. The Cottages at Tallgrass Point site will provide a number of amenities for the residents and includes large areas of open space for recreation. The provided amenities as identified in the PUD document include: a clubhouse with exercise facilities; a pool and spa; and covered outdoor barbeque area. The City of Owasso will provide sanitary sewer and water service to the development. The subject property falls within the Ranch Creek Sanitary Sewer payback. If the PUD is approved, the applicant will provide final development plans for administrative review and approval by City staff. PUD applications presented to the Planning Commission are for approval of the uses, the overall plan as it relates to the immediate area, and the concept for the development. City staff published legal notices of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having transitional, residential, and commercial. The property where the PUD is proposed is denoted with both transitional and commercial, with the commercial portion occupying approximately the bottom 1/3 of the tract. Given this, staff believes that the proposed project is still in conformance with 2030 GrOwasso Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area. Apartment complexes are often proposed in areas that are adjacent to single - family residential developments, with no transitional use buffer in place and there are concerns from neighboring property owners. However, this proposal places the apartments across the street from an existing complex, and just north of the hard corner intersection where commercial uses will eventually locate. Single family homes built on large lots in Tulsa County currently lie to north of the subject property, but this area is called out for transitional uses on the Land Use Master Plan. Essentially, the proposed apartment project serves as an effective transitional buffer between the commercial uses to the south and the single family uses to the north, as the Land Use Plan prescribes for areas between higher and lower intensity uses. A large overhead power line easement lies between the apartment structures and the residential properties to the north and the design of the project incorporates this feature as an effective buffer. Additional plantings in this area will also serve to augment the buffer and mitigate visual impacts. Development to the west beyond the railroad tracks is prescribed on the Land Use Plan as commercial. The proposed development plan calls for 18 total structures plus 1 clubhouse. The dwelling unit structures will consist of both 2 and 3 story units, with the two story units containing garages on the ground floor. The architecture has been designed with a mixture of faux stone, hardboard siding and wood. Landscaping has been provided throughout the development accordance with the Landscape Ordinance. Trash receptacles have been provided throughout the parking area. A swimming pool amenity is centrally located in the development and detention will be placed in the southwest corner of the property. PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan, 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. As with higher density residential developments, traffic is always a concern. Offsite traffic issues could impact intersections to the north of the project, as residents will use Mingo to access the shopping and dining areas to the northeast. The applicant has been asked to perform a traffic study if the site produces in excess of 200 trips per hour. PLANNING COMMISSION: This item is being taken to the regular meeting of the Planning Commission on April 13, 2015. ATTACHMENTS: Area Map Aerial Map Zoning Map Site Plan Outlined Development Plan Architectural Renderings OPUD 15 -01 & OZ 15 -02 - - - -- - 'lay Inch 1p }^c}c}c...pppN C lub � , ~ 1 I 5' I I \ — Li! `ct 8 s 5� N e �% / it = 752 ft 03/17/2015 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- OPUD 15 -01 & OZ 15 -02 1" = 752 ft 03/17/2015 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. OPUD 15 -01 & OZ 15 -02 1" = 752 ft Zoning Map 04/07/2015 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. �rws ovs�.aow^aa =zn moor- no'o..9�ro w..,, M4an0pfl PH �v MUION 4s M490 5 �7FE7�e:6 RR Q; a ' U"^ 4 I n� 8 9 R n 86th Street North & •• '•.• THE NW /C OF 86TH STREET NORTH AND MINGO ROAD PLANNED UNIT DEVELOPMENT NO. PRESENTED BY: CASE DEVELOPMENT SERVICES AND TABLE OF CONTENTS March 13, 2015 Page i. Cover 1 ii. Table of Contents 2 1. Development Concept 3 II, Development Standards - Area A (Multi- family) g III. Landscaping and Fencing 5 IV. Signs 5 V. Access and Circulation 5 VI. Utilities and Drainage 5 VII. Site Plan Review 5 VIII. Platting Requirement 6 IX. Expected Schedule of Development 6 X. Legal Descriptions 6 Exhibit A Conceptual Site Plan Exhibit B Development Area / Topo Exhibit C Concept Tree Plan Exhibit D Conceptual Elevations Page 2 March 13, 2015 Development Concept The Tract, which is the subject of this application, located near the intersection of 861h Street North and Mingo Road in the City of Owasso, Oklahoma and is hereinafter referred to as the "Tract" or as the "Site ". The entire Property has approximately 935 feet of frontage on West side of Mingo Road This PUD was initiated by Case Development Services in response to the continued strong market demand in the City of Owasso for upscale luxury apartments. Case and Associates Properties, Inc. based in Tulsa, Oklahoma, is nationally recognized as a developer of quality apartment communities and is known for its excellence in management and maintenance and has either developed or managed more than 30,000 apartment units. It is proposed that the Tract (13.37 acres) be developed for upscale luxury apartments the Development Standards for the development area is set forth herein and included herewith is a graphic depiction (Exhibit "B ") of the proposed development area. Development Standards Development of Tract shall be developed in accordance with the Owasso Zoning Ordinance and the development regulations of the RM (Residential Multifamily District), except as described below: Land Area: 13.37 acres Permitted Uses: Multi- family dwellings and customary accessory uses. Minimum Livability Area Per Dwelling Unit: 1000 sq. ft. Minimum Gross Area Per Dwelling Unit: 2000 sq. ft. Maximum Number of Dwelling Units: 270 DU's Maximum Dwelling Units Per Building: 24 dwelling units Maximum Building Coverage: 30% of net lot area Page 3 Maximum Building Height: Maximum Building Length: Maximum Stories: Minimum Building Perimeter Setbacks: From arterial streets (Mingo Road) From other development area boundaries Minimum Distance Between Buildings: Minimum Off - street Parking Spaces: Other Bulk and Area Requirements: Page 4 March 13, 2015 48 ft. 200 ft. 85 ft from centerline of street for two -story (Minimum 25 ft from edge of ROW). 15 ft. 20 ft. 1.5 per One bedroom 2.0 per Two or Three bedroom As established within a RM District in the Owasso Zoning Ordinance. March 13, 2015 111. Landscaping and Fencing Landscaping throughout the planned unit development, shall meet the requirements of Chapter 20 of the Owasso Zoning Ordinance, except as modified herein. In lieu of internal Parking islands every 15 spaces, an 8ft minimum Building Yard (double that required in table 20 -2) shall be provided to accommodate the parking landscape trees and bushes, provided no parking space is more than 20ft from a continuous landscaped area. Within Development Tract A an opaque screening fence not less than 6 feet in height shall be provided were adjacent to single family to the North and future commercial to the south as well as the Railroad to the West. Along the East boundary of Area A, an architectural metal fence with masonry columns at approximately 50 feet on center and / or walls shall be provided along Mingo Road with screen accommodated by landscaped berms. IV. Signs Signs shall be in compliance with Owasso Zoning Code, provided however, in addition to the realty sign allowed for the development to be located at the main entrance, within Development Area A, a wall sign designed as an architectural feature, may be located on the clubhouse identifying the apartment complex on the East building fagade. V. Access and Circulation Vehicular access to and from Development will be provided by two points of access to Mingo Road, which are intended to be the principal access. The access to the interior drives within Development tract shall be gated. Entry gate design shall be per the City of Owasso guidelines and shall be reviewed and approved through the site plan process. VI. Utilities and Drainage Utilities are at the site or accessible by customary extension. Storm water detention will be in accordance with City of Owasso development regulations. All utility and grading construction documents shall be submitted for reviewed by City for approval. VII. Site Plan Review Development may be developed in phases and no building permit shall issue until a detailed site plan (including landscaping) of the proposed improvements has been submitted to the City and approved as being in compliance with the development concept and the development standards. No certificate of occupancy shall issue for a building until the landscaping of the applicable phase of development has been Installed in accordance with a landscaping plan and phasing schedule submitted to and approved by the City. Page 5 March 13, 2015 Vlll. Platting Requirement No building permit shall issue until the development for which a permit is sought has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record. The required subdivision plat shall include covenants of record implementing the development standards of the approved planned unit development and the City of Owasso shall be a beneficiary thereof. Property shall be platted within 2 years of approval of PUD. 1X, Expected Schedule of Development Upon approval of the planned unit development and approval of the final plat, construction of the multifamily area is expected to commence within 180 days and be completed within twelve months thereafter. XI. Legal Descriptions Refer to below description and refer to attached Alta Survey. Legal Description — TRACT 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -FOUR (24) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&.M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SE /4 OF THE SE /4 OF SEC.24, T -21 -N, R -13 -E, LB.&M.; THENCE S 88'405" W ALONG THE SOUTH LINE OF SAID SE /4 SE /4 A DISTANCE OF 303.67 FEET TO THE EASTERLY RAILROAD RIGHT -OF -WAY OF THE SOUTHERN KANSAS AND OKLAHOMA RAILROAD; THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 64.29 FEET TO THE PRESENT RIGHT -OF -WAY OF EAST 86TH STREET NORTH; THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 346.36 FEET TO THE POINT OF BEGINNING; THENCE N 22'22'19" W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 1000.88 FEET TO THE NORTH LINE OF SAID SE /4 SE /4; THENCE N 88'37'19" E A DISTANCE OF 811.17 FEET TO THE NE CORNER OF SAID SE /4 SE /4; THENCE S 1'17'59" E ALONG THE EAST LINE OF SAID SE /4 SE /4 A DISTANCE OF 783.21 FEET; THENCE S 88'41'35" W A DISTANCE OF 50.00 FEET TO A POINT ON THE PRESENT RIGHT -OF -WAY OF NORTH MINGO ROAD; THENCE S 01'17'59" E ALONG SAID PRESENT RIGHT -OF -WAY OF NORTH MINGO ROAD A DISTANCE OF 151.79 FEET, THENCE S 88'41'35" W A DISTANCE OF 401.32 FEET TO THE POINT OF BEGINNING, AND CONTAINING 13.37 ACRES, MORE OR LESS. All references to the Owasso Zoning Ordinance in this PUD shall be per the current provisions of the Zoning Ordinance as of the date of approval of the PUD. Page 6 R 13 E E �,TI Sf x 5 � r a e EwTxnx jOctemn Mao Lead Deattfptbn — RtACTt NwG IX /.)MXC�M®iwmMOS UV VimAVTe�+tt o'r. ) -tip w�i ww �64�NN t�91 C4A� M].1 �. 4 a xua[�M�iFmurti KLYdm K Fu�'r P omctW Fp,. ppjpp k.4 cr.... t, nn p� == pyy v�inn c cry, n „,..eau sa;u Rr9vglYiP c` oA'cnc h3_ Fu _2930 S.F, Srcn'vIEST. VnXIN _L Vdiype: l3J�wpcL ®JGG.01 sF • �dG' 4 EF. �C IIMryFe. L'�_ 8 — C+(`.f1 SF c=pyF SF. _OL lh'gTpa' B2(Wp1— 8 i n<n m- SF . � SF. WTrye: Il�� ® J imm SS •95.1 SF. �� LLYi1Ft ® — SS • � 65. �$( muum 1SZ3Ld SF. 19.N vows b i �. w OONOEPT ,��` 51Tc PLAN A U E EE VN T t n ^ N ENaM 5i 11 Location woo Oexxip4an - TRACT 1 r tt ucro somun 9 (W.1 tt -�:� �w.i crcr am.,wn- r�np.n v m.� nom nn'�..w w,:w*n'�m� u.'�or, ms. �' owmttwv..P'ea�x� snmiui. Lunar we xs CONCEPT a fit THE @_ PLANpb.. s .�J e a n 3 t g fl N S N U E � - r •••• .� �— 4a Ike imel .Malin IM f' J im. ME W v�emca IrO iN PR tl �WM.'+F +I RS -3 AG t� .Malin IM f' J im. ME 1 � � I u,: coNCEPr 51TE PLAN EX -A EXTERIOR VIEW �'° ff NO SCALE Gale � #A J O�vflJly� OiGif�/w�+W IIIlIlUR(_�:U.ez colI1 ecfi®e EXTERIOR VIEW NO SCALE ,d CA46 Fsvc;tit a, auq akl�lw� Aa+ hifec¢s claecfive fr TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, AICP, RLA Chief Urban and Long Range Planner SUBJECT: FY 2014/15 CDBG Sidewalk Project Construction Contract Bid Update DATE: April 10, 2015 BACKGROUND: Each year, the City of Owasso is eligible for funds through the Community Development Block Grant (CDBG), administered through Indian Nation Council of Governments (INCOG) and the Oklahoma Department of Commerce. CDBG funds are federal funds appropriated through the Housing and Urban Development (HUD). The funds are to be spent on infrastructure improvements in areas of low -to- moderate income. The defined low -to- moderate income areas are determined from U.S. census data. The low -to- moderate income areas in Owasso, as they were defined in 2014, are represented on Attachment A. Funds can be used to improve roads, drainage, utilities, sidewalks, parks, etc. in these areas. In the past, CDBG funds have been used for drainage and walking trail improvements in Rayola Park; a major upgrade to the Owasso Skate Park; sidewalks in the original town area, and the new Rayola Park Playground to list a few. On March 18, 2014, City Council approved Resolution 2014 -02 which authorized City's participation in the Tulsa County CDBG Urban County and execution of the cooperation agreement which included project description. The FY 2015 project is to construct a new sidewalk in front of the Owasso Family YMCA building and Friendship Park along the US -169 service road and upgrade existing sidewalks /handicap ramps to meet the Americans with Disabilities Act (ADA) guidelines along N. Elm Street. The upgrades are as simple as removing sections of sidewalks with trip hazards to removing large sections that have settled or have been damaged. A map of the improvements is included as Attachment B. The project locations were selected to improve connectivity and create a safe and convenient route for pedestrians from areas south and west of Rayola Park to 86th St. N. The areas of repair along N. Elm St. were selected by visually surveying each section of sidewalk along the street, where areas of deterioration and trip hazards were identified. ADVERTISING FOR BIDS: Advertisements for bids were published on January 29, 2015 and February 5, 2015, in accordance with state law and a mandatory pre -bid meeting was held at City Hall on February 19, 2015 with eight (8) contractors in attendance. The bid opening was held on March 2, 2015 at City Hall. BID OPENING Eight (8) bidders submitted bids on this project. The bid results are included in the following Table: CONTRACTOR ADDRESS BASE BID ALTERNATE 7715 E 111TH ST, SUITE 125 J & P VENTURES, LLC TULSA, OK 74133 $ 79,755.46 $ 89,123.96 VOY CONSTRUCTION, 3501 S SHERIDAN AVE LLC TULSA, OK $79,125.00 $89,827.70 BARNES CONSTRUCTION 1715 5 BOSTON AVE TULSA, SOLUTIONS, INC OK 74119 $90,702.50 $100,520.00 MAGNUM 2501 N HEMLOCK CT CONSTRUCTION, INC. BROKEN ARROW, OK 74012 $91,900.00 1103,835.00 CROSSLAND HEAVY 14149 E ADMIRAL PL TULSA, CONTRACTORS, INC. OK 74116 $103,700.00 1117,819.00 S &J CONSTRUCTION PO BOX 2543 SAPULPA, OK SPECIALISTS, LLC 74067 $147,358.71 1174,975.01 301 W 2ND AVENUE ENGINEER'S ESTIMATE OWASSO, OK 74055 114,342.00 $129,482.00 The low bidder for base bid + the additive alternate was J & P Ventures, LLC. The base bid with the alternate from J & P Ventures LLC is less than the funds available from CDBG ($121,207.00). Therefore, the excess funds shall be used to address other sidewalks in the area including improvements to any ADA Ramps and crosswalk markings. FUNDING: The entire project is being funded with CDBG funds with no local funds necessary. RECOMMENDATION: Staff recommends contract award of the base bid and alternate to J & P Ventures LLC in the amount of $89,123.96 for the FY 2015 CDBG Sidewalk Project and City Council authorization of the Mayor to execute the attached agreement. Staff anticipates adding sidewalk to the project to expend the remainder of the funds. ATTACHMENTS: Attachment A - CDBG 2014 Qualifying Boundary Attachment B - Improvements Agreement City of Owasso Former CDBG Qualifying Areas and Past Projects Legend coec Area typo Fp ,C""cw,�Y N S Fry, SVmryt0 cud4wkeas N W +E S � unn 0 0.25 0.5 ti.Xrna M o...w cmmuniry w.eXXmnn� 0.N �XX a X I.0 {wiCS IXCVO. XV 0 Attachment B i- s 1 6 Ns am �.3 A? !E f 6� 2014 CDBG SIDEWALK IWROVEMENTS 417115 CITY OF OWASSO Legend 111 N. Main Street PROJECT LOCATION © P.O. Box 180 — EXISTING CONCRETE TRAIL Notch Owasso, OK 74055 918.376.1500 TIIIS NfAF IS FOR. REPRESENT AN ACICURATE AND TRUE- SCAUSE OFnTkI S MAP SEWITHOi ° WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 21st day of April. 2015 , by and between City of Owasso (hereinafter called OWNER) and J & P Ventures LLC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: FY 2014 -15 CDBG SIDEWALK PROJECT IN RAYOLA PARK CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Repair trip hazards and installation of new sidewalk within the CDBG grant areas of Owasso. ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within six 60 calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within ninety (90) calendar days from the date of Notice to Proceed, which will be on or before 0529 00300 -Page I of 13 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 The contract price is for the base bid and additive alternate. The contract price is $79,755.46.00 (base bid) + $9,368.50 (add. Alt 1) = Eighty -nine thousand, one - hundred twentv -three and 96/100 dollars ($89.123.96) ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the 0529 00300 - Page 2 of 13 General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground AGREEMENT 0529 00300 - Page 3 of 13 Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non- Discrimination (Section 00240). 0529 00300 - Page 4 of 13 7.1 1 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, 029 00300 - Page 5 of 13 successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on June 18. 2013. OWNER: City of Owasso CONTRACTOR: J & P VENTURES. LLC By Jeri Moberly Mayor (SEAL) ATTEST: City Clerk Title Address for giving notices: P.O. Box 180 Owasso. OK 74055 By President (SEAL) Title 0529 00300 - Page 6 of 13 T Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Project Determination DATE: April 10, 2015 BACKGROUND Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the list of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. This procedure includes a recommendation from the Owasso Capital Improvement Committee, followed by a public hearing before the Council may adopt a resolution amending the project listing. The Capital Improvements Committee conducted a public meeting on February 24, 2015, to consider a proposed amendment to the list of projects proposed to be funded by the third - penny sales tax. The City Council will conduct a public hearing 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. 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 listing of projects. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted December 2, 2014, Resolution 2014 -15 designated the following list of projects as eligible for funding from the Capital Improvements Fund: • East 861h 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 • East 761h Street North Widening Project from Hwy 169 to N. 129th East Avenue • Sports park • 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. 1061h Street North • Elm Creek Park Improvements • Transportation Master Plan • East 116 Street North and North 129 East Avenue Intersection Improvements • Intersection Traffic Signal Improvements Highway 20 and North 140 East Avenue • Replacement Fire Engine RADIO SYSTEM UPGRADES: The City of Owasso's current radio system has been in place since a rebanding initiative in 2006. Last year, Motorola issued a Letter of Intent announcing the equipment would be discontinued and no longer supported after the calendar year 2017. The City's existing radio equipment will not communicate with tower sites being converted under an initiative called Project 25. The Project 25 initiative is being undertaken by most local and state agencies. While the City's equipment is capable of being converted to meet Project 25 standards at a cost of $200,000, the City's radios would be obsolete within two years. Therefore, the City should upgrade all radio equipment to be supported for repairs and to be compatible with Project 25. The proposed upgrade of radio equipment would include replacement of all tower -based equipment base stations, routers, switches, controllers, and transmission lines. At the Dispatch facility, the upgrade would require replacement of all the consolette workstations, along with associated microphones and speakers. The upgrade would also include the replacement of all mobile and handheld subscriber units totaling approximately 365 radios. The estimated project total cost is $2.9 million. This cost is based on the City's continued use of the current tower site. CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On February 24, 2015, 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. Committee members discussed radio system upgrades. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the project list to include Radio System Upgrades. PUBLIC HEARING: In accordance with the procedure for amending the capital improvement projects list, 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 will be published in the Owasso Reporter, April 9, 2015, as required by Resolution 2003 -14, as well as being posted to the Public Notices section of the City website. The public hearing will be conducted on April 21, 2015. ATTACHMENT: Memorandum to Owasso Capital Improvement Committee for Radio System Upgrades OGity Wit out Limits. TO: Capital Improvements Committee City of Owasso FROM: Larry White Support Services Director SUBJECT: Upgrade of City Radio System DATE: February 20, 2015 BACKGROUND: The City of Owasso's radio equipment has been in place since a rebinding initiative in 2006. Last year Motorola issued a Letter of Intent announcing the equipment would be discontinued and no longer supported after the calendar year 2017. The City's radio equipment also will not communicate with tower sites being converted to Project 25 status. The Project 25 initiative is being undertaken by most local and state agencies. While the City's equipment is capable of being converted to meet Project 25 standards at a cost of $200,000, the City's radios would still be obsolete in two years. Therefore, the City needs to upgrade all of the City's radio equipment to obtain equipment which will be supported for repairs and which will be compatible with Project 25. SCOPE OF WORK: The proposed upgrade of radio equipment to Project 25 standards would include replacement of all tower -based equipment base stations, routers, switches, controllers, and transmission lines. At the Dispatch facility the upgrade would require replacement of all the consolette workstations, along with associated microphones and speakers. The upgrade would also include the replacement of all mobile and handheld subscriber units totaling approximately 365 radios. The estimated project total cost is $2.9 million. This cost is based on the City's continued use of the current tower site. EXPLANATION OF PROJECT 25 AND INTEROPERABILITY: Project 25 (P25) is a user driven set of system standards that define digital radio communications system architectures capable of serving the needs of Public Safety and Government organizations. This set of standards was produced through the joint efforts of the Association of Public Safety Communications Officials International (APCO), the National Association of State of Telecommunications Directors (NASTD), selected Federal Agencies and the National Communications System (NCS), and standardized under the Telecommunications Industry Association (TIA). Project 25 was initiated as a collaborative effort by public safety agencies and manufacturers to address the issue with emergency communication systems with radio systems which are incompatible and inoperable in a jurisdiction and departments within the same community. It is a project to insure that two -way radios are interoperable within the same frequency band. (Interoperability is defined as the capability of two unassociated entities operating within the same frequency band to communicate and interact with each other.) The goal of Project 25 is to enable public safety responders to communicate with each other achieving enhanced coordination, timely response, and efficient and effective use of communications equipment. One of the most serious problems during disaster events is poor communication due to lack of appropriate and efficient means to collect, process and transmit important and timely information. FUNDING: This upgrade project meets the standards for funding as a capital improvement. RECOMMENDATION: Staff recommends approval to add the upgrade of the City's radio system to the Capital Improvement priority list. The City Wit out Limits, TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Amendment to Ordinances Governing Door -to -Door Solicitors DATE: April 10, 2015 BACKGROUND: The chapter within the Owasso Code of Ordinances governing door -to -door solicitors was previously amended in June, 2011 at which time additional requirements to obtain a solicitor's permit were imposed. Despite the enhanced requirements, commercial door -to -door solicitors in Owasso continue to present numerous challenges and concerns for citizens and law enforcement. Consequently, staff suggests supplemental amendment of the solicitor ordinances creating a "No Knock" list limitation. This provision would allow citizens to place their addresses on a "No Knock" list. The list would be provided to solicitors with their permit and they would be prohibited from soliciting at all addresses on the "No Knock" list. Failure to comply could result in revocation of the solicitor's permit. It is important to recognize that a "No Knock" list provision would not be applicable to non - profit vendors (such as school groups, Girls Scouts, etc...) or persons seeking to disseminate political or religious information. Only commercial door -to -door vendors would be affected by this amendment. PROPOSED ACTION: Staff will draft proposed amendments to Part 9, Licensing and Business Regulations, Chapter 1 Solicitors, and present it for Council consideration at the May work session. ATTACHMENTS: Owasso Code of Ordinances, Part 9, Chapter 1 Sample "No Knock" Ordinance from Rogers, AR Licensing and Business Regulations CHAPTER 1 SECTION 9 -161 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows 1. License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose C. Canvassing or peddling as defined in this section. 3. Solicitor: Any person who solicits for himself or any other person. 4. Canvass: Opinion sampling, poll- taking, proselytizing, or other similar activity from house to house, door to door, street to street, or from place to place. 5. Canvasser: Any person who engages in canvassing in person for himself or any other person. 6. Peddle: To travel from house to house, door to door, street to street, or place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the some for sale. Peddler: Any person who peddles for himself or any other person. State Low Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22 -106, 22-107, Page 9 -3 SOLICITORS Section 9 -101 Definitions Section 9 -102 Issuance Section 9 -103 License Required Section 9 -104 Application Required Section 9 -105 Display of License Section 9 -106 Prohibited Acts Section 9 -107 License Record Section 9 -108 License Period and Fee Schedule Section 9 -109 Transfer of License Prohibited Section 9 -110 Replacement of Lost License Section 9 -111 Grounds for Denial or Revocation of License Section 9 -112 Process of Revocation or Denial of License and Appeal Section 9 -113 Penalty SECTION 9 -161 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows 1. License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose C. Canvassing or peddling as defined in this section. 3. Solicitor: Any person who solicits for himself or any other person. 4. Canvass: Opinion sampling, poll- taking, proselytizing, or other similar activity from house to house, door to door, street to street, or from place to place. 5. Canvasser: Any person who engages in canvassing in person for himself or any other person. 6. Peddle: To travel from house to house, door to door, street to street, or place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the some for sale. Peddler: Any person who peddles for himself or any other person. State Low Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22 -106, 22-107, Page 9 -3 Licensing and Business Regulations SECTION 9-102 ISSUANCE A. The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. B. No license for soliciting shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section hove been satisfied SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required in this section, including soliciting, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. SECTION 9.104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Current, valid driver's license or state issued identification care of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification;; 6. A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past seven (7) years; 7. Valid and current state sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section shall carry the license with them at all times while engaging in soliciting, canvassing or peddling as those terms are defined in this section. A Solicitor shall produce the license for inspection and review upon request by any City official, law enforcement officer or any other person to whom the license holder is attempting to solicit, canvass or peddle. SECTION 9 -106 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: Page 9 -4 Licensing and Business Regulations 1. It shall be unlawful for an Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling upon which a sign stating "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to public view either on or near the primary entrance of the residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. it shall be unlawful for any Solicitor to solicif between the hours of dusk and 9:00 a.m. SECTION 9 -107 LICENSE RECORD The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9.108 LICENSE PERIOD AND FEE SCHEDULE A. The license fee which shall be charged by the City Clerk for a Solicitor license shall be determined under the following schedule: 1. Daily Solicitor License -Ten Dollars ($10.00) per day; 2. Weekly Solicitor License - Twenty Dollars ($20.00) per week; 3. Six Month Solicitor License - Seventy Five Dollars ($75.00) for each six (6) month period. B. No license fee shall be charged to a nonprofit organization. A nonprofit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and /or state income tax by virtue of its nonprofit status. A registration form shall be completed and submitted whenever members or representatives of a nonprofit will be soliciting, canvassing or peddling within the City. SECTION 9 -109 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -110 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9 -111 GROUNDS FOR DENIAL OR REVOCATION Of LICENSE Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: Fraud, misrepresentation, or false statement contained in application for license; Page 9 -5 Licensing and Business Regulations 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past seven (7) years; 4. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. SECTION 9 -112 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any low or regulation of the United States Government. The City Clerk's office shall give notice either in person, by telephone or mail to the licensee of the denial or revocation of their license. If mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. Any licensee may appeal a denial or revocation to the City Manager within ten )10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or denial, and his decision shall be final. SECTION 9 -113 PENALTY Any person who engages in soliciting, canvassing or peddling without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs. Every day upon which a violation continues shall be deemed a separate offense. (Ord. 360,12/2/86; 388, 5/17/88; 463, 6/15/93; 990 6/21 /11) Page 9 -6 4OW15 ARTICLE II.- PEDDLERS AND SOLICITORS I Code of Ordinances I Rogers, AR I MuNcode Ubrary (Code 1982, § 13 -3, Code 1997, § 86 -3, Ord. No. 14 -16, § 1, 3 -25 -2014) Sec. 38 -22. - Registration application to clerk. % .9 pe Any person intending to engage in the public solicitation of funds or other gifts of value in the city for any philanthropic, religious or public service project must file with the city clerk ten days prior to each intended solicitation a complete and accurate disclosure of the nature and purpose of the philanthropic, religious or public service project, and the use to which said solicited funds or other gifts of value are to be put. Such disclosures shall be made on forms approved by the city council and completed disclosure forms shall be filed with the city clerk and such disclosure forms shall be available for public inspection in the office of the city clerk during all working hours. (Code 1982, § 13 -17,• Code 1997,5 86 -4) State law reference— Registration of charitable organization prior to solicitation, A.C.A. § 4 -28 -402; fraud by impersonating a representative of an organization, A.C.A. § 5.37 -208. Sec. 38 -23. - Door -to -door solicitation prohibited. (a) The city clerk is hereby directed to prepare and maintain a list of all residents of the city who desire no hawking, soliciting or peddling of wares or merchandise at their residence. (b) Said residents of the city who desire for their name to be placed on the list may do so by contacting the city clerk either in person or by phone. (c) Prior to engaging in the practice of going from door -to -door for the purpose of soliciting, peddling, or the hawking of wares, all persons must first obtain a copy of the list from the city clerk and are expressly prohibited from contacting said residents at their home. (d) The provisions of this section shall not apply to not - for - profit organizations, groups and associations. (Code 1997, § 86 -5,• Ord, No. 02 -58, §§ 1 -4, 8 -27 -2002) Sec. 38 -24. - Solicitation from persons driving motor vehicles prohibited. % .9 2 0 (a) The practice of soliciting money or contributions from motor vehicles by pedestrians without a permit issued by the city is hereby prohibited within the city limits. (b) A violation of this article is punishable by court costs of $25.00 and up to ten days of community service at the discretion of the district court. (c) Any organization or individual desiring to obtain a permit as required in this article shall make written application to the city clerk. Said application shall be made at least 14 days prior to the intended date of solicitation and shall contain the following https: /Aw .mudcode.comAibrarylar/roWs /codes /code_of orcinances?rwdeld -COOR CH38PESOREBUSA ARTI[PESO 517 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 City of Owasso FY 2014 -2015 Monthly Sales Tax Comparisons Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jur Year -to -Date Sales Tax Totals $25,000,000 ,o $20,000,000 - $15,000,000 $10,000,000 $5,000,000 - $- Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun - -- - -- Budget —k— Last Year —: Actual City of Owasso Sales Tax Report Budget to Actual Comparison April 9, 2015 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 1,862,935.76 8.4% 1,835,035.33 8.3% 27,900.43 1.5% Jan 2,125,525.34 9.6% 2,031,503.38 9.2% 94,021.96 4.6% Feb 2,004,466.42 9.0% 2,067,623.90 9.3% (63,157.48) -3.1% Mar 1,780,454.17 8.0% 1,690,164.04 7.6% 90,290.13 5.3% Apr 1,781,713.47 8.0% 1,750,846.41 7.9% 30,867.06 1.8% May Jun Totals $ 350,366.96 1.9% $ 18,428,192.83 83.0% $ 18,778,559.79 84.6% City of Owasso Sales Tax Report Two Year Comparison April 9, 2015 May Jun Totals $18,778,559.79 84.6% $17,344,434.43 82.5% $ 1,434,125.36 8.3% 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% 195,831.75 121% Dec 1,862,935.76 8.4% 1,748,989.23 8.3% 113,946.53 6.5% Jan 2,125,525.34 9.6% 2,073,564.27 9.9% 51,961.07 2.5% Feb 2,004,466.42 9.0% 1,990,103.51 9.5% 14,362.91 0.7% Mar 1,780,454.17 8.0% 1,544,058.21 7.3% 236,395.96 15.3% Apr 1,781,713.47 8.0% 1,696,815.27 8.1% 84,898.20 5.0% May Jun Totals $18,778,559.79 84.6% $17,344,434.43 82.5% $ 1,434,125.36 8.3% 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 1,862,935.76 1,748,989.23 1,605,740.09 1,488,693.19 1,423,010.85 1,481,442.33 Jan 2,125,525.34 2,073,564.27 1,792,033.55 1,655,568.87 1,640,741.37 1,558,964.00 Feb 2,004,466.42 1,990,103.51 1,817,864.08 1,748,279.70 1,675,132.30 1,660,458.42 Mar 1,780,454.17 1,544,058.21 1,500,013.52 1,405,820.76 1,327,302.74 1,283,250.04 Apr 1,781,713.47 1,696,815.27 1,499,708.03 1,454,786.62 1,310,850.43 1,288,894.21 May 1, 813, 882.69 1,629,482.38 1,610,102.97 1,506,255.74 1,506,435.50 Jun 1,864,532.80 1,643,877.95 1, 547, 918.80 1,487,182.33 1,513,720.24 $ 18,778,559.79 $ 21,022,849.92 $ 19,168,430.69 $ 18,343,008.26 $ 17,528,942.91 $ 17,266,691.76 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 Jul $ 50,297.74 $ 78,704.81 $ 33,564.91 $ 41,490.75 $ 42,547.09 $ 77,124.54 Aug 56,645.90 105,902.83 33,982.54 52,649.70 34,592.96 58,626.76 Sep 61,203.63 69,078.85 47,608.82 53,050.58 42,904.66 53,157.06 Oct 86,146.09 103,682.82 59,327.05 48,434.75 48,534.10 32,510.05 Nov 89,434.02 64,434.39 50,722.23 43,503.50 42,275.99 37,032.82 Dec 89,481.75 86,423.76 48,320.10 52,051.50 40,466.31 35,727.86 Jan 65,206.37 57,183.06 60,594.21 47,738.06 52,885.66 47,548.94 Feb 110,644.88 75,453.77 78,302.28 55,670.54 54,867.98 45,714.97 Mar 87,044.17 50,120.99 57,199.16 44,139.56 39,200.77 30,888.31 Apr 56,775.81 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 $752,880.36 $ 853,049.73 $626,430.51 $566,049.69 $ 521,690.36 $ 580,127.66