Loading...
HomeMy WebLinkAbout2015.08.11_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA RECEIVE( Council Chambers, Old Central Building AU6 D' t P915 109 N Birch, Owasso, OK 74055 Regular Meeting QtY Clerk's office Tuesday, August 11, 2015 • 6:00 pm 1. Call to Order Vice Mayor Dunn 2. Discussion relating to Community Development items Bronce Stephenson A. Planned Unit Development Amendment - Morrow Place B. Tax- Credit Senior Housing - Request for Resolution of Support 3. Discussion relating to a professional services agreement - PDG (5K Trail & Splash Parks) Larry Langford 4. Discussion relating to Policy Amendments - Sales Tax Watchdog Committee Julie Stevens 5. Discussion relating to Water and Sewer Rate Changes Linda Jones 6. Discussion relating to City Attorney items Julie Lombardi A. Part 2, Section 2-411, Rules of Debate - Ordinance Amendment B. Resolution - Juvenile Court 7. Discussion relating to City Manager items • Radio System Update • 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, August 7, 2015. liann M. Stevens, Dep ty Clerk The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: PUD Amendment (PUD- 05 -02A) Morrow Place DATE: August 7, 2015 BACKGROUND: During the July 2015 worksession, staff presented a Planned Unit Development (PUD) application for review and approval of an amendment to a development called Morrow Place. The subject property is located between E I I 61 St N and E 126th St N, and between N 129th E Ave and US- 169. Originally, this PUD was approved as PUD -05 -02 in 2005. The original PUD called for a mixture of uses: single - family residential, commercial, school, and multi - family. Because this was a larger PUD, staff has placed this item on the agenda of two worksessions to allow the Council ample time to review the project and ask any questions of staff. Please refer to the attached memo from the July worksession for project information. NEW INFORMATION: Under the applicable payback section of the previous memo the Morrow Sales Tax Rebate payback was omitted. PLANNING COMMISSION: This item is being taken to the regular meeting of the Planning Commission on August 10, 2015. Originally the item was planned for the July Planning Commission meeting, but there was an error on the information provided by the applicant so the project was re- noticed and scheduled for the August 10, 2015 meeting. ATTACHMENTS: Staff Memorandum dated July 10, 2015 Area Map Aerial Map Zoning Map PUD- 05 -02A Site Plan Development Plan Original PUD -05 -02 Plan TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: PUD Amendment (PUD- 05 -02A) Morrow Place DATE: July 10, 2015 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) application for review and approval of an amendment to a development called Morrow Place. The subject property is located between E l 16th St N and E 126th St N, and between N 129th E Ave and US -169. The original PUD called for a mixture of uses: single - family residential, commercial, school and multi- family. Originally, this PUD was approved as PUD -05 -02 in 2005. Portions of the development have begun with commercial properties along E 1161h St N (McDonalds, Discount Tire, Walgreen's and Taco Bell), but the larger part of the development has remained untouched. A large reason for the delay in developing the majority of the Morrow Place was the economic slowdown that caused a lull in development for many years. After 10 years, the applicant has requested to amend the PUD in order to keep up with market demands and to be as attractive as possible for investors and new commercial ventures. A lot has changed in Owasso over the past 10 years, so the PUD is being amended in order to respond to this change. SURROUNDING ZONING: 'Direction Zoning Use Land Use Plan Jurisdiction North N/A - Collinsville Residential N/A Tulsa Count /Collinsville CS (Commercial South Shopping) & RS -3 Residential & Commercial, (Single - Family Commercial Residential & City of Owasso Residential ) Transitional East AG (Agriculture) US -169 & Residential Residential City of Owasso West F AG (Agriculture) Residential & Residential, Transitional & City of Owasso & Commercial Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 237.73 Current Zoning AG, CS, RS -3 Proposed Use Commercial, Residential, Multi- Family, School Lots /Blocks N/A Land Use Plan Transitional, Residential, Public and Commercial Number of Reserve Areas N/A Area A - 3.16 Units /Acre Residential Dwelling Units per Acre Area B - 4.09 Units /Acre Areas C,D,G - Max 25 Units /Acre Within PUD? .Multi-Family PUD -05 -02 Within Overlay District? US -169 Water Provider Washington County Rural Water District #3 Storm siren fee of $35 /acre; Ranch Applicable Paybacks Creek Sewer Payback of 610.33 /acre Streets (public or p rivote) 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 original PUD -05 -02 called for a mixture of single - family home densities, commercial areas, recreation areas and new elementary school. The amended PUD calls for the same uses, but has moved some densities to other areas and has amended the commercial spaces to allow for mulf- family development as well. The attached exhibits show the major changes to the overall PUD. Regarding the single - family areas, the densities were simply moved around, resulting in an area with 52 -foot wide minimum lots (similar to Lake Valley) and larger lots that are a minimum of 60 feet ir. width. An area of high- density residential development is now removed from the original plan and spread into the single - family areas, resulting in more smaller lots than were originally proposed. The neighborhoods are designed with amenities, will have trails and paths to access the commercial areas, the park areas and the elementary school, creating a truly walkable neighborhood. The development proposes a park and recreation area for the use of the residents in the area. Pools are also planned for the neighborhood areas which should provide the homeowners with ample recreational opportunities. City of Owasso recommendations for the PUD: On lots smaller than 75 feet in width, no A/C condensers shall be allowed to be built into the required 5 foot sideyard setback. Additionally, front yard setbacks shall be at least 25 feet. 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 and City Council are for approval of the uses, the overall plan as it relates to the immediate area, and fhe concept for the development. Legol notices of the PUD request were published in the Owasso Reporter and notices were mailed to property owners within a 300' radius of the subject property. COhA.PREHENSIVE PLAN CONSISTENCY The subject property where the PUD is proposed is denoted with transitional, residential, public and commercial in the GrOwasso 2030 Land Use Master Plan. Given this, staff believes that the proposed project is in conformance with 2030 GrOwasso Land Use Master Plan. HARijiONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area. This PUD proposes uses that will be compatible and will create a needed mixed -use development. Great care was given to the layout of the different land uses, providing buffers between the uses and also providing adequate multi -modal access. The uses of the PUD will fit in w' the surrounding uses, though the majority of the development is separated from surrounding uses by arterial roadways. PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will b:e required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission and City Council shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan, 2. Wneiher the PUD is in harmony with the existing and expected development of surrounding c"_ as. 3. %N, her 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. PLANiNiNG COMMISSION: This item is being taken to the regular meeting of the Planning Commission on July 13, 2015 ATTACHMENTS: Area map Aerid Map Zoning Map PUD- 05 -02A Site Plan Deve':opment Plan Original PUD -05 -02 Plan OPUD 15 -02 -A 1" = 3,009 ft PUDAmendment 06108/2015 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. �p n � �:. :. r I Subject - j I 'yam I - i �. ... - ��-•. A . I , r:a .� h sj% ! i � #, 1 .v t , !� ��� 1 [l+aw z %iF�b3y� � �"�• i;"(..s� -- ; " Cep,rd - ��'�' s 1 w 16 .f '4',(2!1 I':.t#' W a � �' k -. •i• i O ,'YCJ�IY11:1'b .ys ,,Y� I L X1 % i I A 7. AV "i ife y� ''. rr: 4 . 07�J• f I' A 02 Subjec - Note Graphic overlays may Is t not precisely align with physical OPUD 05- 0 200 400 800 ED Tract features on the ground. I I I I 104 21 -14 YYY Aerial Photo Date: March 2014 Feet PUD- 05 -02A u !�<� 1" = 1,505 ft Sub Title 07/10/2015 We 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. JAYWFY q0� - F/,+Vo �"14 aFAarnfM5= 6nruE, o� ° e �y �-.�. e to y4/fOO a' 4 /TE 'S R`�`'+. (f'•�i � ��1�e ':1./G.�i B' "s` a Fe,O! J,iC� � Y ��'°'g11�i �. \�,� � � : � i A! /3/�'I�.AYF: 'a Mr I ws/jG. Er t 6 %19/,C. E 24, 0,0,4r, "/2, 46 qa. Ora�1 �l�a 6G�Jllcp�gP }�T t1f.75RC. PWAVIIY Af$hP^ M ID541ei8ammaoPl @,$89B t�6D�t(� QOPa °OIL Table of Contents Development Concept Development Standards Access and Circulation Drainage and Utilities Environmental Analysis and Topography Existing Zoning and Land Use Schedule of Development Exhibits • Exhibit "A" Legal description of Planned Unit Development • Exhibit "B" €xhibit "C" PUD Concept Illustration and Development Areas PIED- DeveleP,T,ent n € *hibit "B" -Areas T-ep9qFaph Exhibit "E" Site Utilities Exhibit "F" Existing Zoning & Land Uses G Exhibit "G" Aerial Photograph o Exhibit "H" Oblique Aerial Photograph Exhibit "I" Existing Soils Map Development Concept Morrow Place is an exciting, mixed -use development on a unique, large parcel of presently undeveloped land within the City of Owasso. The project site is located on the historic Morrow Farm consisting of over 240 acres along the U.S. Highway 169 Corridor. Great care was taken in the 'master planning' phase of this development to insure a compatible development with existing land uses and to maintain an historic connection with the past uses. Section 820 of the Owasso Zoning Code states the purposes of the Planned Unit Development (PUD) are to permit innovative land development while maintaining appropriate limitations on the character and intensity of use. Additionally, a purpose of the PUD is to permit flexibility within the development to best utilize the unique physical features of the particular site and provide and preserve meaningful open space. The proposed PUD meets and exceeds this requirement and the stated purposes of the Owasso Zoning Code. The PUD is divided into five various development areas, each with a unique set of development standards for regulated, quality development. The residential areas proposed for the development will vary in lot size and dwelling sizes in order to provide a greater variety of housing types and price points. Although specific commercial uses are not known at this time, the configuration of the commercial area maximizes the highway and arterial street frontages. Commercial uses are highly restricted and limited to only those uses appropriate with the surrounding uses. Throughout the PUD, a property owner's association will be formed for the residential areas. A similar association may be formed for the non - residential areas depending on the method and timing of those development areas. Each platted area will establish private covenants which set forth minimum dwelling sizes, percent of masonry, architecture review of elevations and other criteria which will establish and maintain a very high quality of development. The developers will work with land planners to develop aesthetic features such as nicely landscaped entries, neighborhood recreation areas and proper screening and landscaping buffers between commercial and residential uses. Within Development Area "C ", an historic museum is proposed along with residential single- family uses. In the event this museum is eventually developed, the museum will provide a connection with the events and families that once occupied the Morrow site, including connections with the past of the City of Owasso. Alternatively, this museum area may eventually be developed solely with single - family residences as set forth in the Development Area "C" criteria. Development Standards Development area A (Residential single- family) Land Area: 32.22 acres Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of Owasso Zoning Code, along with customary and accessory uses, including but not limited to landscaped entrances, neighborhood swimming pool and recreation area, and other uses which may be incidental thereto. Maximum Number of Dwelling Units: (Minimum Lot Width: Minimum Lot Area: Maximum Building Height: Off - Street Parking: Minimum Yard Requirements:* Front property line abutting a street Side property line abutting a street Side property line not abutting a street From rear property line 102+1- 60 feet* 7,200 sf* 35 feet Two (2) enclosed off - street parking spaces per dwelling unit. 25 feet 5 feet 5 feet 20 feet Signs: A maximum of two entry identification signs shall be permitted at each entry with a maximum of 64 square feet of display signage surface area at each entrance of the development residential public streets. Development area B (Residential single - family) Land Area: 69.29 acres Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of Owasso Zoning Code, along with customary and accessory uses, including but not limited to landscaped entrances, neighborhood swimming pool and recreation area, and other uses which may be incidental thereto. Maximum Number of Dwelling Units: Minimum Lot Width: Minimum Lot Area: Maximum Building Height: Off - Street Parking: Minimum Yard Requirements: Front property line abutting a street Side property line abutting a street Side property line not abutting a street From rear property line O 52 feet 6.200 sf 35 feet Two (2) enclosed off - street parking spaces per dwelling unit. 25 feet 5 feet 5 feet 20 feet Signs: A maximum of two entry identification signs shall be permitted at each entry with a maximum of 64 square feet of display signage surface area at each entrance of the development residential public streets. 4 Development Standards Development areas C, D and G (Commercial /Multi- Family) Land Area: 82.20 acres Permitted Uses: Those uses as permitted by right and by exception in the CS, CG and MF districts of the City of Owasso Zoning Code. No sexually oriented businesses shall be permitted. Multi - Family area not to exceed 20 acres. Maximum Floor Area: Minimum Lot Width: Minimum Lot Area and Setbacks: As permitted by applicable zoning code As permitted by applicable zoning code As permitted by applicable zoning code Screening: Uses within Development Area "D" shall be screened from other development areas within the PUD by the erection and maintenance of a six foot tall solid screening fence. Off - Street Parking: Signs: Architectural Review: As required by applicable zoning code As permitted by applicable zoning code The Developers shall establish an architectural review committee to review all building elevations and site plans prior to construction. Such review is to insure a homogeneous architectural style is maintained with the development throughout the PUD. Development Standards Development area E (School) Land Area: 17.00 acres Permitted Uses: Public school use along with customary and accessory uses as permitted by the City of Owasso Zoning Code. Maximum Floor Area Ratio: Minimum Lot Width: Minimum Lot Area and Setbacks: Off - Street Parking: 50% As permitted by applicable zoning code As permitted by applicable zoning code As required by applicable zoning code Signs: As permitted by applicable zoning code [1 Development Standards Development area F (Park and Reserve Area) Land Area: 37.02 acres Permitted Uses: Playgound, pool house. This area will be used as a park with a playground and community pool and also include trails from the neighborhoods and natural areas around the creek. Access and Circulation Access to the subject tract is excellent. East 116"' Street North is designated as a 120' Primary Arterial with East 126th Street North and North 129th East Avenue designated as a 100' Secondary Arterial by the Major Street and Highway Plan. The tract is also abutted to the east by a limited access U.S. Highway. Access points to the development will be reviewed and approved by the City during the platting process and controlled through limits of access shown on the plats. Internal circulation will be accommodated through the construction of a collector street and minor residential streets. Separation of commercial traffic through residential areas will be planned for. Environmental Analysis and Topography The property ranges in existing conditions from gently rolling pasture land to heavily wooded drainage areas. Elevations generally range from 700' to 660' above mean sea level. The Soil Survey of Tulsa County, Oklahoma was used to help identify soils types and constraints to development that be might present. Existing soils on the subject tract consist of Bates Loam, (1 to 3 percent slopes); Bates - Coweta Complex, (3 to 5 percent slopes); Coweta -Bates Complex, (2 to 6 percent slopes); Dennis Silt Loam, (1 to 3 & 3 to 5 percent slopes); Dennis -Cary town Complex, (1 to 3 percent slopes); Dennis - Radley Complex, (0 to 12 percent slopes); & Okema Silt Loam, (1 to 3 percent slopes). Drainage and Utilities Location of floodplain areas (if any) will be identified and taken into consideration during the final design process. On -site detention facilities will be designed and incorporated into the subdivision. These detention facilities will also be used for landscaped open space for the recreation and enjoyment of the residents. Existing Zoning and Land Use The Tract is currently subject to a PUD with RS -3, Residential Single - Family, CS, Commercial Shopping District zoning. Three Commercial Out - Tracts each have an existing commercial building and a fourth is under construction. The Applicant is requesting an Amendment to the existing PUD to add a Multi - Family option to the PUD in an area previously defined for commercial uses. The other existing zoning classifications in this PUD will remain the same. Plat Review No building permit shall be issued until a subdivision plat(s), which will serve as the site plan, is /are approved and filed of record with the Tulsa County Clerk. 1 N. r. S. POB B .`LPN CORNER SECTION 4 T -21 - -N R -14 -E C M M aN N O N Exhibit "A.1" E Morrow Place Development Tract Exhibit w r 279.99' 329.98' S 01'26'23" E S 01'2 6'23" E ( N 88'56'45" E N 88'56'45" E \ 300.42' POB C 23025' E. 126TH ST. N. 344.33' W 5 84'50'06" E M Mn w T C mn 4.00 n 534.96' Acres m� N 88'56'45" E tOo 1149.11' LOT 3 Z v U O M � 69.29 Acres r M•f N I � 660.70 217'92 S 1'25'13" E -SE CORNER S 88'48'49" W Z E � w r G 17.00 Acres ^ N } W M Mn Q ?y T S N 88'47'03" E 1149.11' Z - In POB E� � POB F �- -SE CORNER w SW /4 NW /4 37.02 Acres ir> N 3 LO m N O Z or PC3 iOIAL & D SW CORNER P/2 SECTION 4 :` -2i -N R -14 -E L. MD! t �11, in. 9. 4 I 65.7 Acres 32.22 Acres O O CV O 1 34.99' S 12'12'21" W � 103.07' S 74'42'24" VJ L = 286.87' 12.45 Acres S 88 4° W \ 13318.818.87 POB G SIN CORNER 100.0 E/2 SW /4 S 01'26'09" E R = 1220.86' 99.99' S 01'15'26" E 224.99' S 88'44'34" W 500.59' S 85'52'50" W 168.85' 88'44'34" W Exhibit "A.2" Morrow Place Total Tract Description A Tract of land located in West Half (W /2) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B &M.), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Beginning at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.; Thence N 01 °28'15" W a distance of 2,643.39 feet along the west line of said Section 4; Thence N 01"28'43" W continuing along said west line of Section 4 a distance of 2,642.23 feet to the NW corner of the NW /4 of said Section 4; Thence N 88 056'45" E a distance of 844.33 feet along the north line of said Section 4; Thence S 01 °26'23" E a distance of 329.98 feet; Thence N 88 056'45" E a distance of 534.96 feet; Thence N 01 °26'23" W a distance of 279.99 feet; Thence N 88 056'45" E a distance of 300.42 feet; Thence S 84 °50'06" E a distance of 230.25 feet; Thence S 01 °25'13" E a distance of 694.69 feet; Thence S 14 °17'39" E a distance of 336.60 feet; Thence S 01 °25'13" E a distance of 217.92 feet; Thence S 88 °48'49" W a distance of 660.70 feet; Thence S 01 026'23" E a distance of 1,321.75 feet; Thence N 88 °47'03" E a distance of 1,149.11 feet; Thence S 01`18'02" E a distance of 1,173.23 feet; Thence S 02 °04'52" W a distance of 602.57 feet; Thence S 12'12'21" W a distance of 341.99 feet; Thence along a curve to the left having a radius of 1,220.86 feet, a central angle of 13 °27'46 ", a chord length of 286.21 feet, a chord bearing of S 05 °28'27" W a distance of 286.87 feet; Thence S 01 °15'26" E a distance of 100.00 feet; Thence S 88 °44'34" W a distance of 224.99 feet; Thence S 85 052'50" W a distance of 500.59 feet; Thence S 74 °42'24" W a distance of 103.07 feet; Thence S 88 °44'34" W a distance of 168.85 feet; Thence S 01 °26'09" E a distance of 100.00 feet to a point on south line of said Section 4; Thence S 88 044'34" W a distance of 127.10 feet along the south line of said Section 4 to the Point of Beginning, and containing 237.73 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System. A.2 Total Legal Revised Exhibit "A.3" Morrow Place Tract 'A' Description A tract of land located in the West Half of the Southwest Quarter (W /2 SW/4) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW/4 of Section 4; T -21 -N, R -14 -E, I.B &M.; Thence N 01 028'15" W a distance of 749.95 feet along the west line of said Section 4 to the Point of Beginning; ; Thence N 01 028'15" W a distance of 1:555.60 feet; Thence N 88 031'45" E a distance of 50.00 feet; Thence S 69 °14'35" E a distance of 848.07 feet; Thence, S 17 052'38" E a distance of 170.96 feet; Thence S 01 °42'13" W a distance of 176.28 feet; Thence S 05 °31'06" E a distance of 169.36 feet; Thence S 08 °59'57" E a distance of 84.22 feet; Thence S 08 050'25" W a distance of 228.00 feet; Thence S 00 °44'59" W a distance of 47.29 feet; Thence S 13 °27'38" E a distance of 430.74 feet; Thence S 0518'18" W a distance of 333.53 feet; Thence N 90 °00'00" W a distance of 22.67 feet; Thence along a curve to the right having a radius of 600.00 feet, a central angle of 45 °00'00 ", a chord length of 459.22 feet, a chord bearing of N 67 °30'00" W a distance of 471.24 feet; Thence N 45 °00'00" W a distance of 53.84 feet; Thence along a curve to the left having a radius of 430.00 feet, a central angle of 46 028'15 ", a chord length of 339.28 feet, a chord bearing of N 68 °14'07" W a distance of 348.76 feet; Thence S 88 °31'45" W a distance of 93.51 feet to the Point of Beginning, and containing 32.22 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System. Al I "Tract A Legal Exhibit "A.4" Morrow Place Tract `B' Description A Tract of land located in the Northwest Quarter (NW/4) of Section Four (4), of Township Twenty -One (21) North and Range Fourteen (14) East, Indian Base and Meridian (I.B &M.) according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma and more particularly described as follows: Beginning at the NW corner of the NW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.; Thence N 88 °56'45" E a distance of 844.33 feet along the north line of said Section 4; Thence S 01 026'23" E a distance of 329.98 feet; Thence N 88 °56'45" E a distance of 534.96 feet; Thence N 01 026'23" W a distance of 279.99 feet; Thence N 88 °56'45" E a distance of 170.00 feet; Thence S 01 °26'23" E a distance of 419.85 feet; Thence N 88 °33'35" E a distance of 31.09 feet; Thence along a curve to the right having a radius of 50.00 feet, a central angle of 36 001'59 ", a chord length of 16.26 feet, a chord bearing of S 73 025'26" E a distance of 31.44 feet; Thence S 55 024'26" E a distance of 86.25 feet; Thence along a curve to the left having a radius of 325.00 feet, a central angle of 36 000'47 ", a chord length of 200.93 feet, a chord bearing of S 73 °24'50" E a distance of 204.28 feet; Thence N 88 034'47" E a distance of 37.64 feet; Thence S 01 025'13" E a distance of 179.71 feet; Thence S 14 °17'39" E a distance of 336.60 feet; Thence S 01 °25'13" E a distance of 217.92 feet; Thence S 88 048'49" W a distance of 1260.70 feet; Thence S 01026'23" E a distance of 908.31 feet; thence along a curve to the right having a radius of 330.00 feet, a central angle of 17 021'256, a chord length of 99.59 feet, a chord bearing of S 07 °14'20" W a distance of 99.97 feet; Thence S 50 034'36" E a distance of 19.87 feet; Thence S 01 °26'23" E a distance of 0.11 feet Thence along a curve to the right having a radius of 230.00 feet, a central angle of 82 °54'47 ", a chord length of 304.44 feet, a chord bearing of S 40 000'01" W a distance of 332.70 feet; Thence S 81 026'24" W a distance of 31.56 feet; Thence along a curve to the right having a radius of 230.00 feet, a central angle of 44 053'49 ", a chord length of 175.65 feet, a chord bearing of N 76 °06'41" W a distance of 180.23 feet; Thence N 53°39'47" W a distance of 58.19 feet; Thence along a curve to the left having a radius of 220.00 feet, a central angle of 37 °48'28 ", a chord length of 142.55 feet, a chord bearing of N 72 034'01" W a distance of 145.17 feet; Thence S 88 031'45" W a distance of 47.52 feet; Thence along a curve to the left having a radius of 40.00 feet, a central angle of 90 000'28 ", a chord length of 56.57 feet, a chord bearing of S 43 031'31" W a distance of 62.84 feet; Thence S 88 031'17" VV a distance of 50.00 feet to a point of the west line of said Section 4; Thence N 01 °28'43" W a distance of 2,486.89 feet along the west line of said Section 4 to the Point of Beginning, and containing 69.29 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System. AA Tract S Legal Revised Exhibit 'AY Y Morrow Place Tract `C' Description A tract of land located in the Northwest Quarter (NW /4) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (LB. &M), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Commencing at the NE corner of the NWA of Section 4; T -21 -N, R -14 -E, I.B &M.; Thence S 88 °56'45" W a distance of 1322.31 feet to the NW corner of Government Lot 3 of said Sec. 4; Thence S 01 026'23" E along the westerly line of said Government Lot 3 and the westerly Right of Way line of U.S. Highway 169, a distance of 50 feet; Thence N 88 °56'45" E along the said Right of Way line, a distance of 227.00 feet to the Point of Beginning; Thence N 88 056'45" E along the Right of Way line a distance of 130.41 feet; Thence S 84 °50'06" E along the Right of Way line, a distance of 230.25 feet; Thence S 01 025'13" E along the Right of Way line, a distance of 514.98 feet; Thence S 88 °34'47" W a distance of 37.64 feet; Thence along a curve to the right having a radius of 325.00 feet, a central angle of 36 °00'47 ", a chord length of 200.93 feet, a chord bearing of N 73 024'50" W a distance of 204.28 feet; Thence N 55 024'26" W a distance of 86.25 feet; Thence along a curve to the left having a radius of 50.00 feet; a central angle of 36 °01'59 ", a chord length of 30.93 feet, a chord bearing of N 73 °25'26" W a distance of 31.44 feet; Thence S 88 °33'35" W a distance of 31.09 feet; Thence N 01 °26'23" W a distance of 419.85 feet to the Point of Beginning, and containing 4 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System. A.5 Tract C Legal Exhibit "A.6" Morrow Place Tract `D' Description A Tract of land located in the Southwest Quarter of the Southwest Quarter (SW/4 SWA) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B &M.), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Beginning at the SW corner of the SWA of the SWA of Section 4, T -21 -N, R -14 -E, I.B. &M:; Thence N 01 °28'15" W a distance of 749.95 feet along the west line of said Section 4; Thence N 88 °31'45" E a distance of 93.51 feet; Thence along a curve to the right having a radius 430.00 feet, a central angle of 46 028'15 ", a chord length of 339.28 feet, a chord bearing of S 68 °14'07" E a distance of 348.76 feet; Thence S 45 000'00" E a distance of 83.84 feet; Thence along a curve to the left having a radius of 600.00 feet, a central angle of 45 °00'00 ", a chord length of 459.22 feet, a chord bearing of S 67 °30'00" E a distance of 471.24 feet; Thence N 90 °00'00" E a distance of 22.67 feet; Thence S 30 °57'46" E a distance of 197.49 feet; Thence S 01 °15'26" E a distance of 200.00 feet to a point on the south line of said Section 4; Thence S 88 °44'34" W a distance of 1,001.77 feet along the south line of said Section 4 to the Point of Beginning, and containing 12.45 acres more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System. A.6 Tract D Legal Revised Exhibit "A.7" Morrow Place Tract `E' Description A Tract of land located in the Southwest Quarter of the Northwest Quarter (SWA NW /4) of Section Four (4), of Township Twenty -One (21) North and Range Fourteen (14) East, Indian Base and Meridian (I.B &M.) according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma and more particularly described as follows: Commencing at the at the SW corner of the NW /4 of Section 4., T -21 -N, R -14 -E, I.B. &M.; Thence N 88 047'03" E along the south line of said NW /4 a distance of 1071.52 feet to the Point of Beginning; Thence N 50 °34'36" W for a distance of 484.00 feet; Thence along a curve to the left having a radius of 330.00 feet, a central angle of 17 °21'25 ", a chord length of 99.59 feet, a chord bearing of N 7 °14'20" E, for a distance of 99.97 feet; Thence N 01 °26'23" W and parallel with the easterly line of the SW/4 of the NW /4, for a distance of 908.31 feet to a point on the northerly line of said SW /4 NW /4; Thence N 88 °48'49" E for a distance of 600.00 feet to the NE corner of said SW /4 NW /4; Thence S 01 026'23" E for a distance of 1321.75 feet to the SE corner of said SW/4 NW /4; Thence S 88 °47'08" W for a distance of 248.98 feet to the Point of Beginning, and containing 17.00 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System A.7'17act F Legal Exhibit "A.8" Morrow Place Tract `F Description A Tract of land located in the Southwest Quarter (SW /4) and in the Northwest Quarter (NW /4) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B &M.), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.; Thence N 01 028'15" W a distance of 2,305.55 feet along the west line of said SWA to the Point of Beginning; Thence N 01 °28'15" E a distance of 337.84 feet to the SW corner of the NW /4 of said Sec. 4; Thence N 01 028'43" W along the west line of said NW /4 4 a distance of 155.34 feet; Thence N 88 031'17" E a distance of 50.00 feet; Thence along a curve to the right having a radius of 40.00 feet, a central angle of 90 000'28 ", a chord length of 56.57 feet, a chord bearing of N 43 °31'31" E a distance of 62.84 feet; Thence N 88 °31'45" E a distance of 47.52 feet; Thence along a curve to the right having a radius of 220.00 feet, a central angle of 37 048'28 ", a chord length of 142.55 feet, chord bearing of S 72 °34'01" E a distance of 145.17 feet; Thence S 53 °39'47" E a distance of 58.19 feet; Thence along a curve to the left having a radius of 230.00 feet, a central angle of 44 °53'49 ", a chord length of 175.65 feet, a chord bearing of S 76 °06'41" E a distance of 180.23 feet; Thence N 81 026'24" E a distance of 31.56 feet; Thence along a curve to the left having a radius of 230.00 feet, a central angle of 82 °52'47 ", a chord length of 304.44 feet, a chord bearing of N 40 °00'01" E a distance of 332.70 feet; Thence N 01 °26'23" W a distance of 0.11 feet; Thence S 50 °34'36" E a distance of 464.14 feet; Thence N 88 047'03" E a distance of 248.98 feet; Thence S 01 °26'09" E a distance of 1,824.92 feet; Thence S 20 °00'00" W a distance of 194.99 feet; Thence S 10 °00'00" W a distance of 275.88 feet; Thence S 01 °15'26" E a distance of 365.22 feet to a point on the south line of said Section 4; Thence S 88 044'34" W a distance of 190.00 feet along the south line of said Section 4; Thence N 01 °15'26" W a distance of 200.00 feet; Thence N 30 057'46" W a distance of 197.49 feet; Thence N 05'18'18" W a distance of 333.53 feet; Thence N 13 027'38" W a distance of 430.74 feet; Thence N 00 °44'59" W a distance of 47.29 feet; Thence N 08 °50'25" E a distance of 228.00 feet; Thence N 08 °59'57" W a distance of 84.22 feet; Thence N 05 °31'06" W a distance of 169.36 feet; Thence N 01 042'13" E a distance of 176.28 feet; Thence N 17 052'38" W a distance of 170.96 feet; Thence N 69 014'35" W a distance of 848.07 feet; Thence S 88 °31'45" W a distance of 50.00 feet to the Point of Beginning, and containing 37.02 acres more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System AS Tract F legal Exhibit "A.9" Morrow Place Tract `G' Description A Tract of land located in the Southwest Quarter (SW /4) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B &M.), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma; being more particularly described as follows: Commencing at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.; Thence N 88 °44'34" E a distance of 1,191.77 feet along the south line of said Section 4 to the Point of Beginning; Thence N 01 015'26" W a distance of 365.22 feet; Thence N 10 °00'00" E a distance of 275.88 feet; Thence N 20 °00'00" E a distance of 194.99 feet; Thence N 01 °26'09" W a distance of 1,824.92 feet; Thence N 88 047'03" E a distance of 1,149.11 feet; Thence S 01 °18'02" E a distance of 1,173.23 feet; Thence S 02004'52"W a distance of 602.57 feet; Thence S 12 012'21" W a distance of 341.99 feet; Thence along a curve to the left having a radius of 1,220.86 feet, a central angle of 13 °27'46 ", a chord length of 286.21 feet, a chord bearing of S 05 028'27" W a distance of 286.87 feet; Thence S 01 °15'26" E a distance of 100.00 feet; Thence S 88 °44'34" W a distance of 224.99 feet; Thence S 85 °52'50" W a distance of 500.59 feet; Thence S 74 °42'24" W a distance of 103.07 feet; Thence S 88 °44'34" W a distance of 168.85 feet; Thence S 01 °26)'09" E a distance of 100.00 feet to a point on south line of said Section 4; Thence S 88'44234" W a distance of 127.10 feet along the south line of said Section 4 to the Point of Beginning, and containing 65.75 acres, more or less. Basis of bearing and distance is the Oklahoma State Plane Coordinate System A.9 Tract G Legal 4�x 6itpr- pared y Pla�ningDe,ic�n .roue Ll r �lv 1XAfYi� �iJ4�k5 m I Ne I MAFMO. @W MIP- D99nm!x, m �3zs2,�c. TG'_I ?'�7LWAG. 1 39.OZ /hS. Ll r �lv 1XAfYi� �iJ4�k5 m I Ne I MAFMO. @W MIP- D99nm!x, m PuO no. 21 EXHIBIT E SITE UTILITIES OWASSO LAND TRUST TANNER CONSULTING, L.L.C. TULSI OKLAHOMA i, Tall pa 12!"Araterline --- E=5 45., OMk I 4L �e Ib MONO. C) a mg EXHIBIT G FL -j a AERIAL PHOTOGRAPH OWASSO LAND TRUST Zii TANKER CONSULTING. L.L.C. TULSk OKLAHOMA 0 1 C) a mg FL O 06 0 20 GI Location M3p PUD NO, xce, EXHIBIT H OBLIQUE AERIAL PHOTOGRAPH OWASSO LAND TRUST TANNER CONSULTING. L,L.C. TULSA, CHLAHOMA = f, W4 � c" 0 +1 0 ro 4) 0) ID 0 CC E 3:0 06 00 20 I =W EXHIBIT I EXISTING SOILS MAP OWASSO LAND TRUST TANNER CONSULTING, L.L.C. TULSA. OKLAHOMA Location Map r--; E:fli I., p� 00 au; CQ rA 0 C X uj D DE 3 10 ORIGINAL OPUD 05 -02 Planned Unit Development October 2005 O—T Cil0yW, lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Tax - Credit Senior Housing DATE: August 7, 2015 BACKGROUND: During the July worksession, Council discussed at length an application submitted to the City of Owasso asking for a resolution of support for Tax - Credit Senior Housing Project. The subject property is located along N 145th E Ave, just east of Friendship Baptist and across the street from Hodson Elementary. The letter received from Cornerstone Associates, LLC states that the applicant is requesting a resolution of support to construct tax- credit senior housing on the subject property. If approved by the City Council, the requested Resolution would be provided to the Oklahoma Housing Finance Authority (OHFA) for consideration at their January 2016 meeting. Please see the attached July 2015 worksession memo for additional project background and analysis. ANALYSIS: The development would include fifty -four (54) units, one and two - bedrooms. All of the proposed units will be rent and income restricted. The development would be called Legacy Senior Residences and would have the following amenities: Elevators • On -site management • Social library • Common dining area with serving kitchen • Gated /Secure access • Garages • Green space for recreation The units themselves would have Energy Star appliances, washer and dryer, medical alert systems, carpet, ceiling fans and more. The applicant is requesting the resolution of support in advance of the January 2016 deadline. The Tax- Credit Housing application process would be as follows: • Resolution of support requested from the local jurisdiction. • Other documentation and data is collected by the applicant. • The application and supporting materials are submitted to OHFA and the Authority makes a decision on each application. • If the application is successful, the applicant will notify the City and start preparing development documents (site plans, civil engineering plans, etc.) • Because this project involves multifamily development, the applicant would have to prepare a PUD document and take the project though the PUD process. • If the PUD is approved, the applicant would prepare construction documents to be submitted to the City for review and approval. • Once all approvals are given, the work on the property would commence. The applicant is asking the Council for a Resolution stating the City is in support of this type of development. If the application submitted by Cornerstone Associates, LCC is approved by OHFA, the applicant would come back to the City and proceed through the typical development process. Approval of this Resolution would not give any project approvals, just our support for the applicant to continue through the OHFA process to see if funding could be obtained for this development. ATTACHMENTS: Draft Resolution of Support of Tax Credit Senior Housing July 2015 Council Worksession memo Area Map Aerial Map Request Letter from Cornerstone Associates, LLC OWASSO CITY COUNCIL RESOLUTION 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA SUPPORTING THE APPLICATION FOR TAX CREDITS FOR A LOW- INCOME SENIOR HOUSING DEVELOPMENT CALLED LEGACY SENIOR RESIDENCES. WHEREAS, Cornerstone Associates, LLC is proposing to construct a 54 -unit housing development for low- income senior citizens known as Legacy Senior Residences located at the southwest corner of E 86th St N & N 1451h E Ave in the City of Owasso; and, WHEREAS, the City of Owasso understands and opportunities; and, WHEREAS, the City of Owasso further sees the need for Owasso's growing senior citizen population; and, , WHEREAS, the request submitte affordable housing strategies and the NOW THEREFORE, BE IT RESOLVED by the City Counc supports favorable consideration by the Oklahoma Hous Cornerstone Associates, LLC fori a :tax credit award for Residences in the City of Owasso. FAT ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney need for affordable housing opportunities for LLC is consistent with Owasso's ;ter Plan. of Owasso, that the City of Owasso g Finance Authority to be given to he development of Legacy Senior 2015. Jeri Moberly, Mayor TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Tax - Credit Senior Housing DATE: July 10, 2015 BACKGROUND: With a goal of improving the housing stock in Oklahoma, The Oklahoma Housing Finance Agency (OHFA) was created by Executive Order by Governor David Boren in 1975. The Agency is a non - profit, tax exempt entity, with the State of Oklahoma as the beneficiary of the Trust. In 1976, OHFA opened its doors with 12 district field agents hired to implement a rental assistance program. The Affordable Housing Tax Credits (AHTC) Program offsets the high cost of rental housing construction and rehabilitation and provides affordable rent rates for low- income families. Tax Credits provide a 10 -year reduction in tax liability for developers who construct or rehabilitate affordable rental housing. Developers sell Tax Credits to Fortune 500 companies and other investors. The money obtained from the sale is used to lower financing costs. The end result is lower rent for families. The AHTC Program can be used for new construction and rehabilitation of rental housing for those with limited incomes. Tax credits create partnerships between OHFA and developers who build or rehabilitate affordable apartments or homes. The purpose of the Oklahoma Affordable Housing Tax Credit (AHTC), also known as Low Income Housing Tax Credit (LIHTC) Program is to expand the supply of new affordable rental units and rehabilitate existing rental housing for Qualifying Households by stimulating private investment. AHTC applications are made through the Oklahoma Housing Finance Authority (OHFA), with applications being considered in January and July of each year. The money given out to developers and to those qualifying for assistance is provided federally by the Department of Housing and Urban Development (HUD). Shown here are the income limitations on eligibility for Low- Income Housing: STATE OF OKLAHOMA Maximum Income and Maximum Rent to Quality Units as Low - Income for the Low Income Housing Tax credit Program .2015 Calculaltons Effective 031052015 All rents Include utilities MEDIAN INCOME LIMITS FOR A GIVEN NUMBER OF PERSONS IN THE FAMILY MAXIMUM RENTS FOR GIVEN# BEDROOMS MSAICOUNTY INCOME 1 2 3 4 s A 7 TULSA, OK MSA (see page 1 for MSA) 61,400 21.500 30,100 24.600 34,440 27.550 38,710 30.700 42.980 33,200 46 480 35,850 69,910 38,100 53,340 40,550 56,]]0 50% 1404 of 50% 537 576 691 798 891 25,800 36.120 29,520 41.328 33,180 a6.452 36,640 51,576 39,840 55.71fi 42,780 59.892 45,720 64,008 48.660 68.124 40/fi0 140 %0160% 645 691 829 958 1,089 ANALYSIS: An application has been submitted to the City of Owasso asking for a resolution of support for Tax - Credit Senior Housing Project. The subject property is located along N 145th E Ave, just east of Friendship Baptist and across the street from Hodson Elementary. A request for a resolution of support was received from Cornerstone Associates, LLC for the subject property. They are requesting the resolution of support in advance of the January 2016 deadline. The Tax - Credit Housing application process would be as follows: • Resolution of support requested from the local jurisdiction. • Other documentation and data is collected by the applicant. • The application and supporting materials are submitted to OHFA and the Authority makes a decision on each application. • If the application is successful, the applicant will notify us and start preparing development documents (site plans, civil engineering plans, etc.). • Because this project involves multifamily development, the applicant would have to prepare a PUD document and take the project though the PUD process. • If the PUD is approved, the applicant would prepare construction documents to be submitted to the City for review and approval. • Once all approvals are given, the work on the property would commence. Owasso has a real need for affordable senior housing in the same way that we need any type of senior housing and general affordable housing. Having a mixture of housing types and having a City that has housing options for varying socioeconomic backgrounds makes for a complete community. The City receives calls quite often from seniors and their families looking for housing opportunities in Owasso and have to be turned away to other communities. Owasso currently has only two properties that have connections to OHFA or allow OHFA vouchers, Wildwood Apartments at 11611 E 80th St N and Prairie Village at 12877 E 11611, St N. This item will be brought back to the August 10, 2015 Council Worksession for further discussion of the project specifics, with a vote at the August 17, 2015 meeting on a Resolution of Support. ATTACHMENTS: Area Map Aerial Map Owasso Tax Credit Senior Housing Site pm modk ON Legend . �� 'MN1 Vii- I -'� � li! a. — Centerlines 0 m Parcels m ��� Rogers Parcels • . �'� i i r °- Fenceline CityLimits ■ 07/08/2015 .. .... .1 -.I .. ........ Wkiii ... .... .. .... III: Owasso Tax Credit Senior Housing Site 1" = 376 ft Sub Title 07108/2015 Y _Pi L r10.1 1,: , 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. CORNERSTONE Associates, LLC May 28th, 2015 Ms. Jeri Moberly, Mayor Owasso City Hall 1 I l N. Main Street Owasso, OK 74055 RE: Notice of Proposed Application Dear Mayor Moberly, Please accept this letter as written notification that Cornerstone Associates, LLC, as Developer, and Legacy - Owasso Partners, LP, applicant, intend to file an application with the Oklahoma Housing Finance Agency on or before July 3, 2015 for the Second Cycle application process to obtain possible tax credits for the new construction of a senior apartment development located at East 86th Street North and North 1451^ East Avenue, Owasso, Oklahoma (map enclosed). The proposed affordable development, to be known as Legacy Senior Residences will contain fifty -four (54) one and two bedroom units, of which 100% will be rent and income restricted at or below 60% of the area median income (AMI). The development will consist of a three story building with an elevator. Amenities include on -site management and maintenance, a social library, common dining area with a serving kitchen, mailboxes located in the central lobby and secured access entry. The development will include garages, ample off street parking and plenty of green space for outdoor enjoyment. Unit amenities will include fully equipped kitchens with Energy Star Rated appliances, full size washer /dryer in each unit, ceiling fans in each bedroom and living room, full window coverings, wall to wall carpeting and 24 hour medical alert system. Cornerstone Associates, LLC welcomes your comments on our proposed intent to develop quality, affordable housing in the City of Owasso. I have experienced a great deal of support and sincerely request any support you may offer. Please feel free to contact my office for any additional information. Sincerely, C0.I� BobbiJo Lucas President Enc. 2098. 191h St., Suite 100 Omaha, NE 69102 Ph: 402 - 341 -0888 Fax: 402- 341 -2655 The City Wit lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Heart Healthy Trail /Feature Spray Park /Rayola Splash Pad Expansion Vision 2025 Funding - Professional Service Agreement DATE: August 7, 2015 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved Resolution 2015 -08 recommending projects for these funds. A portion of this funding is designated for the Heart Healthy Trail, a Feature Spray Park and the expansion of the Rayola Park splash pad. The Heart Healthy 5K trail will be a located at the Owasso Sports Park and will extend around the perimeter of the park. The length of the trail will be at least 3.2 miles to allow for 5K events. The width of the trail will be 8 -10' wide and allow for a variety of cardio vascular activities. The Feature Spray Park will be an elevated wet playground and will serve as a local retreat for families hoping to escape the heat of the summer months. It will be located in the Owasso Sports Park and will be larger than most splash parks in the area. It is anticipated to have one or more slides with spray features on and around the main structure. Rayola Splash Pad will be extended, doubling its size, to accommodate the increased usage of this highly visible park, located adjacent to Highway 169 and the Owasso YMCA. ENGINEER SELECTION PROCESS: Staff considered consulting firms that possessed the experience for the desired scope of work. Based on work history, familiarity, and knowledge in this specialized area, Planning Design Group, Inc. of Tulsa, Oklahoma was asked to submit a professional services proposal for the three separate projects. SCOPE OF WORK: Following is the scope of work for this project: • Program and Analysis • Conceptual Design • Preliminary Design • Final Design • Bidding and Construction Administration PROFESSIONAL SERVICE PROPOSAL: Staff met with Planning Design Group, Inc. (PDG) to negotiate fees for services. Staff and PDG came to an agreement relating to the professional services fee for the three projects. If approved, cost for professional services will be as follows: Heart Healthy Trail (Budget $830,000) 1. Programming & Conceptual Design Phase $ 1,500 2. Preliminary Design Phase $22,500 3. Final Design Phase $30,000 4. Bidding &Construction Administration Phase 114,50 0 Total Fee for this Site $68,500 Feature Spray Park (Budget $760,000) 1. Programming & Conceptual Design Phase $ 1,500 2. Preliminary Design Phase $21,000 3. Final Design Phase $29,000 4. Bidding &Construction Administration Phase $13,000 Total Fee for this Site $64,500 Rayola Splash Pad Expansion (Budget $300,000) 1. Programming & Conceptual Design Phase $ 1,500 2. Preliminary Design Phase $ 8,000 3. Final Design Phase $12,000 4. Bidding &Construction Administration Phase 5,500 Total Fee for this Site $27,000 FUNDING Funding for the professional services will be obtained through the Vision 2025 Funds. PROPOSED ACTION: An item has been placed on the August worksession for council discussion of the proposed professional services agreement. ATTACHMENTS: Location Maps Proposed Services Agreement Heart Healthy 5K Trail AGREEMENT For DESIGN SERVICES AQUATIC PLAY FEATURE & 5K TRAIL AT THE SPORTS PARK SPLASH PAD EXPANSION AT RAYOLA PARK OWASSO OKLAHOMA THIS AGREEMENT, made and entered into between the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as OWNER and PDG Inc., an Oklahoma corporation, d /b /a Planning Design Group, hereinafter referred to as LANDSCAPE ARCHITECT. WITNESSETH WHEREAS, Owner desires to prepare plans and specifications for the development of aquatic play feature and 5 K trail system at the Sports Park and an expansion to the existing splash pad at Rayola park. , hereinafter referred to as the PROJECT; and WHEREAS, Owner requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and WHEREAS, LANDSCAPE ARCHITECT is prepared to provide such Services; NOW, THEREFORE, in consideration of the promises contained herein, Owner and Landscape Architect agree as follows: ARTICLE 1— EFFECTIVE DATE The effective date of this Agreement shall be '2015 ARTICLE 2— GOVERNING LAW This agreement shall be governed by the laws of the State of Oklahoma. ARTICLE 3 — SERVICES TO BE PREFORMED BY LANDSCAPE ARCHITECT Landscape Architect shall perform the Basic Services described in Attachment A, Item 1 through Item 4, Scope of Services. City of Owasso Sports Park and Rayola Improvements 1 16 ARTICLE 4 — COMPENSATION Owner shall pay the Landscape Architect in accordance with Attachment A, Item 6, Basic Compensation. ARTICLE 5 —TIME FOR COMPLETION The LANDSCAPE ARCHITECT shall provide the necessary services and complete all work required or undertaken in a manner consistent with a time frame that meets the City's needs and schedule for funding. ARTICLE 6— STANDARD OF CARE The Landscape Architect shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Landscape Architect under similar circumstances. The Landscape Architect shall correct the Services which fail to satisfy this standard of care. No warranty, expressed or implied is included in this Agreement or in any drawing, specifications report or opinion produced pursuant to this Agreement. ARTICLE 7 — LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project and the Landscape Architect's fees for the Services and in consideration of the promises contained in this Agreement, Owner and Landscape Architect agree to allocate and limit such liabilities in accordance with this Article. 7.2 Indemnification. Landscape Architect agrees to defend, indemnify and hold harmless Owner, its agents and employees, from and against legal liability for all claims, losses, damages and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors or omissions. In the event such claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Landscape Architect and Owner, such liability shall be borne by each party in proportion to its own negligence. 7.3 Employee Claims. Landscape Architect shall indemnify Owner against legal liability for damages arising out of claims by Landscape Architect's employees. 7.4 Survival. Upon completion of all Services, obligations and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. ARTICLE 8— INSURANCE During the performance of the services under this Agreement, Landscape Architect shall maintain the following insurance: City of Owasso Sports Park and Rayola Improvements 2 1 E 8.1 General Liability Insurance with a combined single limit of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. 8.2 Automobile Liability Insurance with a combined single limit of not less than $1,000,000 for each accident. 8.3 Workers Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $500,000 for each occurrence. 8.4 Professional Liability Insurance with a minimum annual limit of $1,000,000 in the aggregate. Landscape Architect shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days written notice to Owner. ARTICLE 9 — LIMITS OF RESPONSIBILITY Landscape Architect shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor or other Project participant, not under contract to Landscape Architect, to fulfill contractual responsibilities to the Owner or to comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates and licenses required for any construction unless such responsibilities are specifically assigned to Landscape Architect in the Scope of Services. ARTICLE 10 — OPINIONS OF COST AND SCHEDULE Since the Landscape Architect has no control over the cost of labor, materials or equipment furnished by others or over the resources provided by others to meet Project schedules, Landscape Architect's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualification as a professional Landscape Architect. Landscape Architect does not guarantee that proposals bids or actual Project costs will not vary from Landscape Architect's cost estimates. ARTICLE 11 —REUSE OF DOCUMENTS Upon Owner's request, Landscape Architect shall furnish Owner with specified drawings on "compact disk ". All documents, including, but not limited to, maps, drawings, specifications and computer models or software prepared by Landscape Architect pursuant to this Agreement are instruments of Service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on any other project. They are, however, intended and represented to be suitable for reuse by Owner or others on revision or extension of the Project. City of Owasso Sports Park and Rayola Improvements 3 16 ARTICLE 12— TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non- performing party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Landscape Architect. Landscape Architect shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owners convenience, Owner shall pay Landscape Architect for all the services performed to date, amount not to exceed the normal fee amount due for the services rendered and termination or suspension expenses. Upon restart, an equitable adjustment shall be made to Landscape Architect's compensation. ARTICLE 13— DELAY IN PERFORMANCE Neither Owner nor Landscape Architect shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include, but are not limited to abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot and other civil disturbances; strikes; work slowdowns and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Landscape Architect under this Agreement. ARTICLE 14— COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Landscape Architect: Planning Design Group Attn: James Crosby, P.L.A. 5314 S. Yale Ave., Suite 710 Tulsa, Oklahoma 74135 icrosby@pdgtulsa.com Owner: City of Owasso, Oklahoma Attn: John W. Feary Government Affairs 111 N. Main, City Municipal Building Owasso, Oklahoma jfeary@cityofowasso.com Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Landscape Architect and Owner. City of Owasso Sports Park and Rayola Improvements 4 16 ARTICLE 15— WAIVER A waiver by either owner or Landscape Architect of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 16— SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any provision of this Agreement void shall, in no way, affect the validity of enforceability of any other provision of this Agreement. Any void provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The terms of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 17 — INTEGRATION This agreement represents the entire and integrated agreement between Owner and Landscape Architect. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. ARTICLE -18 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Landscape Architect. City of Owasso Sports Park and Rayola Improvements 5 1 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the City Manager and the Mayor of the City of Owasso. "LANDSCAPE ARCHITECT" PDG, Inc. d /b /a Attest: Planning Design Group, Inc. By: By: - -- Subscribed and Sworn to me this__ day of James Crosby, Principal Notary Public Commission # / Expiration: "OWNER" THE CITY OF OWASSO, OKLAHOMA, a municipal corporation Date: By: Attest: By: City Clerk Approved: City Attorney Warren Lehr, City Manager Jeri Moberly, Mayor City of Owasso Sports Park and Rayola Improvements 6 1 c ATTACHMENT "A" Page 1 SCOPE OF SERVICES Program and Analysis Phase Working from electronic base s u r v e y information a n d G e o t e c h n i c a I R e p o r t provided by the City of Owasso, this phase will evaluate and analyzing the following: A) The team will make an initial site visit to walk and photograph both properties to get familiar with the features, views and relationship to the surrounding property. B) Kick off meeting with city staff to discuss previous city and citizen input and develop a final scope for the project. C) Evaluate information and data from this phase to develop the final program of work to commence with Conceptual Design. 2. Conceptual Design Phase Following the review with the City, input and establishment of the final project programming, we will prepare conceptual plans for each site utilizing the electronic base survey a n d G e o t e c h n i c a I R e p o r t information provided by the City of Owasso. The following outlines activities within this phase: Sports Park aquatic feature (Budget $760,000) A) We will develop layout and plans for a new aquatic facility, this area would include some or all of the following items in this area: 1. This area will be design as a master plan to show currently funded items and future expansions. This will allow for the proper sized detention facility to be designed without jeopardizing future expansions. 2. The master plan will include refining the south entry drive and parking lot layout. This work will be engineered and finalized by the city for in -house construction. 3. A splash pad divided into multiple pods with possible theme or different themes and including a pass through water system generally consisting of multiple upright spay toys as well as multiple ground spray nozzles situated on a concrete pad, color graphics may be considered on the pad if budget allows, a vault with valve manifold and backflow device, and an above grade programmable controller. This feature does not require state approval. 4. Use of tower slides with formed slide run outs (no body of standing water) including recirculation pumping and filtration system. This feature requires state permitting and approval. 5. Work with the city to provide utility connections to city lines as required for the operation of the facility. 6. Development of a seating plaza adjacent to the splash pad including but not limited to a shade structure or multiple shade structures, fencing, benches and picnic tables with a sidewalk system connecting the different components of the facility and the existing parking lot within the park. B) Prepare and provide to the city a color rendering of the facility for public display and or approvals. C) Schedule and attend a team meeting with the city staff to go over the Conceptual design package. D) Prepare architects probable cost for the project. Sports Park 5K Trail (Budget $830,000) A) The trail would generally circle the entire Sports Park perimeter to create a full 5K trail system to host running and walking events. B) The trail would generally include: 1. The trail will consist of approximately 16,400 Linear Feet of asphalt trail 2. The trial will be 10' Wide. ATTACHMENT "A" Page 2 3. The trail will be constructed with an aggregate base material and asphalt surfacing. 4. The trail will follow the general path that has been depicted on the master plan prepared by the city of Owasso staff. C) Proposed features along the trail would include but not limited to: 1. Construction of a trail head at an existing parking area. 2. Drinking fountain and signage. 3. The trail will contain benches for resting and enjoying the natural scenery, and could also include measured distance markers for more accurate timing. D) Prepare and provide to the city a color rendering of the facility for public display and or approvals. E) Schedule and attend a team meeting with the city staff to go over the Conceptual design package. F) Prepare architects probable cost for the project. Ravola Splash Pad Expansion ($300,000) B) We will develop layout and plans for expansion of the splash pad facility, this area would include some or all of the following items in the new area: 1. A splash pad with a pass through water system generally consisting of multiple upright spay toys as well as multiple ground spray nozzles situated on a concrete pad, color graphics may be considered on the pad if budget allows, a vault with valve manifold and backflow device, and an above grade programmable controller. 2. Work with the city to provide utility connections to city lines as required for the operation of the facility. 3. Development of a seating plaza adjacent to the splash pad including but not limited to a shade structure or multiple shade structures, benches and picnic tables with a sidewalk connecting the facility an existing parking lot within the park. C) Prepare and provide to the city a color rendering of the facility for public display and or approvals. D) Schedule and attend a team meeting with the city staff to go over the Conceptual design package. E) Prepare architects probable cost for the project. 3. Preliminary Design Phase Following owner's review and acceptance of the conceptual plans, we will prepare the preliminary plans incorporating any comments or revisions requested by the city. The following outlines the necessary activities within this phase: A) Develop preliminary construction documents base on conceptual designs approved in the previous phase of work. Including: 1. Develop plan and layout sheets B) Schedule and attend a team meeting with the city staff to go over the 75% preliminary construction document package. C) Prepare architects probable cost for each on the three projects. ATTACHMENT "A" Page 3 Final Design Phase Following the owner's review and acceptance of the preliminary plans, we will prepare the final construction documents incorporating any comments or revisions requested by the city. The following outlines the necessary activities within this phase: A) Develop final construction documents based on the approval of the preliminary plans in the previous phase of work. Including: 1. Finalize all plans, and construction details. 2. Prepare necessary bidding specifications. 3. Prepare architects probable cost for each on the three projects. B) Schedule and attend a team meeting with the city staff to go over the 100% final construction document package. C) Deliver bid packages for the city to advertise or negotiate a construction contract. 5. Bidding and Construction Administration Phase Assist the city with bidding and construction administration. The city will be responsible for the day to day inspections. The following outlines PDG involvement in this phase. A) Answer questions from bidders. B) Issue addendum during the bidding phase C) Assist the city in bid evaluation D) Answer questions by email or phone throughout the project E) Assist the city and prepare Request for Information (RFI) and Request for Proposals (RFP) throughout the project. F) Assist the city and prepare Change Orders (CO) throughout the project. G) Make site visits during construction a minimum of bi- weekly and weekly as necessary each including a Construction Observation Report (COR). H) Assist and attend the final walk through with the contractor including a Punch List prepared by PDG. 6. Basic Compensation We will execute the above described scope of Basic Services as indicated in items 1 through 5 for a lump sum of $160,000.00 with the following breakdown: Sports Park aquatic feature (Budget $760,000) 1. Programming & Conceptual Design Phase $ 1,500.00 2. Preliminary Design Phase $21,000.00 3. Final Design Phase $29,000.00 4. Bidding &Construction Administration Phase 13 000.00 Total Fee for this Site 64,500.00 Sports Park Trail (Budget $830,0001 1. Programming & Conceptual Design Phase $ 1,500.00 2. Preliminary Design Phase $22,500.00 3. Final Design Phase $30,000.00 4. Bidding &Construction Administration Phase 14 500.00 Total Fee for this Site 68,500.00 Sports Ravola Splash Pad Expansion ($300,000) 1. Programming & Conceptual Design Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Bidding &Construction Administration Phase Total Fee for this Site $ 1,500.00 $ 8,000.00 $12,000.00 5,500.00 27,000.00 ATTACHMENT "A" Page 4 Additional Services Any services requested which are not included under the basic scope of service in this proposal will be passed on as an hourly fee or can be quoted as a lump sum upon request. All additional fees will be approved in advance by the owner. The following hourly rates will apply: Hourly Rates Principal........................ ............................... $135.00 Lead Project Designer /Project Manager ... $115.00 Project Designer ......... ............................... $ 95.00 Designer /Production ..... ..............................$ 85.00 Billings for services are sent out monthly for work in progress or at the completion of the project or a specified phase of work. Terms of payment are "Net 30 Days" from the date of the invoice. 0_Tl'-_'_1YW_'t'--t Limifs. TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Sales Tax Watchdog Committee DATE: August 7, 2015 BACKGROUND The Sales Tax Watchdog Policy Statement approved by the City Council on February 15, 2011 sets the regular meetings dates of the committee for the fourth Monday in January and July of each year. In addition, the policy states the committee shall consist of fourteen members, of which four positions are to serve as a Member at Large. Staff is proposing changes to each of these items contained in the policy document. PROPOSED CHANGES: Regular Meeting Dates - Meeting participation is especially important with only two meetings per year. Participation during the July meeting is typically low due to summer vacations. During their regular meeting of July 27, 2015, staff proposed rescheduling the meetings away from the summer months. The committee discussed the proposal to change the meeting months from January and July to March and September. Following the discussion, the committee voted unanimously to recommend a policy amendment to the City Council changing the regular meeting months to March and September. The meeting dates would remain on the fourth Monday. Committee Make -up - The 2011 Policy Statement identifies the committee as a fourteen member body, of which four positions serve as Member at Large. As far back as 2006 records, there have consistently been fifteen members of the committee, of which five positions serve as Member at Large. Staff is proposing amending the Policy Statement to reflect the actual number of committee members. Should the Council desire to change the meeting dates and the number of committee members, approval of a policy revision will be needed. ATTACHMENTS: Sales Tax Watchdog Memorandum dated July 22, 2015 Policy Statement (revised) dated February 15, 2011 The City Wit out Limits. TO: Sales Tax Watchdog Committee Members City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Proposal to Change Meeting Dates DATE: July 22, 2015 BACKGROUND: Originally created by the 1988 sales tax election, the Watchdog Committee meets regularly to review the restricted use of the third -penny sales tax. The Sales Tax Watchdog Committee - City Council Policy Statement (revised February 15, 201 1) includes the statement that the committee shall meet not less than twice a year on the fourth Monday of January and July. Due to summer vacations, the July meeting attendance is usually light. Rescheduling meetings away from the summer months might improve attendance. Meeting participation is especially important with only two meetings a year. PROPOSAL: Staff proposes that the committee consider changing the regular meeting dates to March and September instead of January and July. The meeting dates are included in the City Council approved policy statement, so a change would necessitate a policy revision. Should the committee desire to change meeting dates, staff would recommend the City Council approval of a policy revision. ATTACHMENT: Policy Statement dated February 15, 2011 POLICY STATEMENT (revised) OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals from the representative group as well as from at large are appointed to this committee by the Mayor and confirmed by the City council. Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for the future appointments to the Owasso Sales Tax watchdog Committee. 1. Each appointee must be a resident within the area defined a the Owasso fenceline and /or school district (herein referred to as the "service area ") and must not be presently serving in any elective or other Council appointed position with the City of Owasso; 2. NEWS MEDIA APPOINTMENT - An individual who conducts media - related activities within the service area as their primary career or business; 3. RETAIL BUSINESS APPOINTMENT - An individual who operates a retail outlet, that being a business conducting direct sales to the public within the service area; 4. SERVICE BUSINESS APPOINTMENT - An individual who operates a service business, that being a business providing direct services to the public within the service area; 5. EDUCATION APPOINTMENT - An individual employed by and actively engaged in an Owasso school, either as an administrator or a teacher, and who resides in the service area; 6. RECREATION APPOINMTENT - An individual who is an active member of an organized group promoting the development of amateur sports and recreation in the service area; 7. BUILDING INDUSTRY APPOINTMENT - An individual who is engaged in real estate improvement consisting of construction and /or development and having his /her primary business within the service area; 8. SENIOR CITIZEN APPOINTMENT- An individual who has attained the age of 60 years or more and who resides within the service area; Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011 9. FINANCIAL APPOINTMENT - An individual who is an officer or employee of a financial institution engaging in banking, the brokerage of stocks or bonds, or other major financial activity within the defined service area; and, 10. MEMBER AT LARGE APPOINTMENT - An individual who is a resident within the service area. The Sales Tax Watchdog Committee shall consist of fourteen (14) members selected from the following: News Media Retail Business Service Business Education Recreation Building Industry Senior Citizen Financial Members at Large One Position Two Positions Two Positions One Position One Position One Position One Position One Position Four Positions A vacancy in any appointed position is hereby declared to exist upon the occurrence of any of the following events, to -wit: Any appointee absent from more than one -half of all regular or special meetings in any twenty -four (24) consecutive month period; 2. Any appointee who moves his /her residence out of the service area; or, 3. Any appointee who is no longer employed or engaged in the category from which he /she was appointed. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist by the City Council, the City Council shall appoint an individual possessing the requisite qualifications to serve from the respective category on the Sales Tax Watchdog Committee. The Sales Tax watchdog Committee shall meet not less than two (2) times per fiscal hear. Such two regular meetings are hereby set for the fourth Monday of January and the fourth Monday of July, and thereafter the fourth Monday's in January and July of each succeeding year thereafter. Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011 TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: Proposed Water and Sewer Rate Increases DATE: August 7, 2015 BACKGROUND: During the July worksession, the Council discussed staff's proposal to increase water and sewer rates. An item has been included on the August worksession to allow for additional discussion and review of the proposed resolutions setting the new rates for water and sewer service. Staff is proposing the new rates for water and sewer service to become effective October 1, 2015. COMPARISION OF FEES AND TAXES: Questions were raised at the July worksession regarding how the proposed fees and taxes compared to other municipalities. Additional research has been done since that time comparing utility rates, along with sales and property taxes between municipalities. The result of that research is attached. Note that the composition of city funding for police, fire, and streets varies significantly between municipalities. Texas, for example, uses property taxes to fund a much larger share of city costs. On the other hand, Oklahoma relies primarily on sales tax and user fees. However, by including all three major sources of revenue in the comparison, one can more easily gauge the total cost of city services for a typical taxpayer. ACTION REQUIRED: Rate changes require the approval of the Owasso Public Works Authority and the Owasso City Council through Trustee Resolution and City Council Ordinance. ATTACHMENTS: Comparison of Fees and Taxes Proposed Resolution Staff Memorandum dated July 10, 2015 Typical monthly residential customer charges Water at 7,000 gallons Sewer at 5,000 gallons Stormwater Admin Fee Total monthly utility bill Ambulance Monthly cost Annual cost City property taxes on $150,000 home Annual City cost to residential customers City Sales Tax *2015 tax levy not yet set; amount estimated the same as 2014 * *From Oklahoma Tax Commission 8/7/2015 CITY OF OWASSO COMPARISON OF TAXES AND FEES TO SURROUNDING MUNICIPALITIES Owasso HIS Proposed Broken FY15 Sand .FY16Sand Rogers Washington Owasso FYI Rates ': Jenks Arrow Collinsville Springs Springs RWD 3 RWD 3 FY15 Tulsa FYI Tulsa Bartlesville Edmond Bartlett IN Frisco, TX Plano, TX $ 41.97 $ 45.05 $ 44.14 $ 3118 $ 40.22 $ ,42.05 $ ; 43.32 $ 41.50 $ 41.80 $ 28.95 $ ! 30.98 : $ 28.84 $ 41.24 $ 14.80 $ 33.70 $ 28.18 '.. 21.72 23.72 15.03 19.40 22.54 32.24 , 33.19 ! N/A N/A 28.20 24.38 25.30 11.11 32.80 30.03 3.00 3.00 . 2.00 4.77 2.00 5.00 5.15 N/A N/A : 5.92 N/A 3.00 N/A 2.05 3.15 N/A N/A - N/A N/A 7.50 N/A N/A N/A N/A '.:N /A N/A N/A - - $ 66.69 $ 71.77 1 $ 61.17 $ 57.35 $ 72.26 $ 79.29 ' $ :. 81.66 '. $ 63.07 $ 53.22 $ 69.54 $ 25.91 $ 68.55 $ 61.36 7.00 4.00 `. 2.00 5.45 6.50 ; 3:25 325 5.45 5.50 300 33.33 57.50 $ 73.69 $ 75.77: $ 6117 $ 62.80 $ 78.76 $ 82.54 $ , 84.91: $ - $ $ 68.52 $ $ 58.72 $ 72.54 $ 59.24 $ 68.55 $ 118.86 $ 884.28 $ 909.24 -. $ 758.04 $ 753.60 $ 945.12 $ 990.48 $ 1,018.92'. $ - $ $ 822.24 '.. $ 704.64 $ 870.48 $ 710.88 $ 822.60 $ 1,426.32 10 10: ' 277 283 - 173 173' * ! 354 245 - 608 690 586 $ 895 $ 920 - $ 1,035 $ 1,036 $ 945 $ I 1,164 $ 1,192 `: $ 1,176 $ 950 $ 870 $ 1,318 $ 1,513 $ 2,013 '., 3.5007. 3.500 %I 3.000% 3.000% 3.750% . 3.500% 3.500 %! 3.1007. 3.000% 3.750% 0.500% 2.000% 2.000% OWASSO PUBLIC WORKS AUTHORITY RESOLUTION 2015- A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY ESTABLISHING WATER SERVICE RATES WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, SANITARY SEWER SERVICE RATES, AND METERED FIRE HYDRANT RATES AND FEES, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The Owasso Public Works Authority desires to establish the following rates for the provision of water service effective October 1, 2015: Usage Tier Rates I Volume -,Rate er 1;000 gallons Useis;Inside the:` Users Outside the Cor orate Limits Corporate Limits First 1,000 gallons Minimum Meter`Charge Minimum Meter Charge 2,000 gallons $5.46!; $6.55 — cu,vvv: y. gallons or WHEREAS, The Owasso Public Works'Authority desires to establish the following rates for the provision of sewerseJvice effective October 1, 2015: Sewer Fee Base'Fee Volume Rate Per 1,000 Gallons $7.47 $3.25 WHEREAS, The Owasso Public Works Authority desires to establish the following rates, fees and stipulations for metered fire hydrant water usage: • Deposit per meter of $750.00 • Minimum Meter Charge of $75.00 • Non - refundable service initiation fee of $10.00 • Water usage rate based on aforementioned tiered rate system • Penalty for failure to report meter readings by the tenth (10th) day of each month of $25.00 minimum Meter Char a for First 1,000 gallons Meter Size - Users Inside the Corporate Limits Users Outside the Corporate Limits 3/4" $11.94 14.33 1 " $12.84 $:15.41 14.84 17:81 2" $15.84 19.01,. 3" $30.84 $37.01 4" $35.84 $43.01 6" $50:84 61.01 Hydrant 175 nn ` Ki e Usage Tier Rates I Volume -,Rate er 1;000 gallons Useis;Inside the:` Users Outside the Cor orate Limits Corporate Limits First 1,000 gallons Minimum Meter`Charge Minimum Meter Charge 2,000 gallons $5.46!; $6.55 — cu,vvv: y. gallons or WHEREAS, The Owasso Public Works'Authority desires to establish the following rates for the provision of sewerseJvice effective October 1, 2015: Sewer Fee Base'Fee Volume Rate Per 1,000 Gallons $7.47 $3.25 WHEREAS, The Owasso Public Works Authority desires to establish the following rates, fees and stipulations for metered fire hydrant water usage: • Deposit per meter of $750.00 • Minimum Meter Charge of $75.00 • Non - refundable service initiation fee of $10.00 • Water usage rate based on aforementioned tiered rate system • Penalty for failure to report meter readings by the tenth (10th) day of each month of $25.00 NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, THAT: Section One: From and after the effective date of this Resolution (as hereinafter set forth), the charge by the Authority for water service, sewer service, and metered fire hydrant usage shall be adjusted in accordance with the above - referenced recital paragraphs in accordance with authority established by Part 17, Chapter 1 of the City of Owasso, Code of Ordinances. Section Two: The water rates, sewer rates, and metered fire hydrant rates and fees established pursuant to the Resolution shall become effective with the first utility billing cycle in October 2015. PASSED, ADOPTED AND APPROVED THIS DAY OF , 2015. ATTEST: Sherry Bishop, Authority Secretary APPROVED AS TO FORM: Julie Lombardi, Authority Attorney N OWASSO PUBLIC WORK AUTHORITY Jeri Moberly, Chair T out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: Proposed OPWA Rate Increases DATE: July 10, 2015 BACKGROUND: The Owasso Public Works Authority provides water, sewer, and refuse for the City of Owasso. While the cost of providing service has increased annually, the sewer rates charged to customers have not increased since 2012. Increased costs such as labor and capital have not been recovered by the City. As a result, on an accrual basis, the City of Owasso averaged a $338,000 (10 %) net operating loss in sewer operations over the past three years. In order for the City to begin the process of recovering increased costs, staff proposes effective October 1, 2015, a fifty -cent monthly sewer base increase plus an additional thirty cents per thousand gallons. The proposed average increase to residential sewer customers would be $2 per month or $24 per year. The rate increase is estimated to generate an additional $250,000 annually. Additionally, the Owasso Public Works Authority purchases treated water from the City of Tulsa. On March 31, 2015, the City of Tulsa notified Owasso of a water rate increase effective October 1, 2015. Rates for water purchased by the OPWA from the City of Tulsa will increase by 7% again this year. This is the sixth consecutive annual 7% rate increase by the City of Tulsa. While the past five years, the City of Owasso has only passed on the increased cost of water to customers, other increased costs of labor, supplies, and capital have been absorbed by the OPWA. As a result, the OPWA fund balance is being depleted. In order for the OPWA to recover increased costs, staff proposes a rate increase of forty -four cents per thousand gallons of water usage to customers inside the city limits plus the respective monthly increase based on the size of meter effective October 1, 2015. Staff further proposes that rates for customers outside the city limits continue to be 20% more than rates for customers within the city limits in accordance with the previous OPWA resolution establishing the different rate structures for customers outside the city limits. Staff further recommends doing a more comprehensive rate study prior to adoption of next year's budget to enable preparation of a recommendation to bring all utility services into a net positive cash flow position over the next three years. ATTACHMENTS: Utility Bill Comparison OPWA Total Utility Bills Single Family Residential Customers 2,000 gals. sewer 5,000 gals. sewer 8,000 gals. sewer 3,000 gals. water 7,000 gals. water 12,000 gals. water Low Usage: Avg Usage: High Usage: Usage: Water gallons 3,000 7,000 12,000 Sewer gallons 2,000 5,000 8,000 Current Rate Billing: Water $ 21.54 $ 41.97 $ 67.77 Sewer 12.87 21.72 30.57 Refuse 13.95 13.95 13.95 Ambulance 4.00 4.00 4.00 Total $ 52.36 $ 81.64 $ 116.29 Proposed Rate Billing: Water $ 22.86 $ 45.05 $ 73.05 Sewer 13.97 23.72 33.47 Refuse 13.95 13.95 13.95 Ambulance 4.00 4.00 4.00 Total $ 54.78 $ 86.72 $ 124.47 Percentage increase 4.62% 6.22% 7.03% Utility Bill Comparison $140 $120 $124.47 $116.29 $100 $80 $86.72 $81.64 $60 S40 552.36 $54.78 $20 $0 Low Usage. Avg Usage: High Usage: 3,000 gals. water 7,000 gals. water 12,000 gals. water 2,000 gals. sewer 5,000 gals. sewer 8,000 gals. sewer Total monthly bill for city single - family residential customers Current Rate OProposetl Rate 0 Tl City wil out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Amendment to 2 -41 1(H), Items Previously Voted Upon by Council DATE: August 7, 2015 BACKGROUND: Pursuant to a request by Councilor Bonebrake, staff has drafted a proposed amendment to Section 2-411 of the Owasso Code of Ordinances. The proposed amendment would create an additional exception to the prohibition contained in 2-411 (H) which prevents the Council from hearing an item of new business when the item has been voted upon within the past six months. Currently, the Council may consider such an item only if councilors have been sworn into office since the item was voted upon or the item concerns litigation in which the City is, or will be, involved. The proposed amendment would allow an item previously voted upon within a six month period to be reintroduced to the Council if a motion to reintroduce is approved by a simple majority of councilors present. The proposed amendment was previously discussed by the Council at the July work session. PROPOSED ACTION: Staff will continue to review the proposed amendment to 2 -41 1(H), and will again bring the matter for Council consideration at the September worksession. ATTACHMENT: Proposed Amendment to 2-411 (H) SECTION 2 -411 RULES OF DEBATE A. Mayor or vice -mayor may debate and vote. The mayor, vice -mayor or temporary chairman, as the case may be, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a council member by reason of acting as the presiding officer. B. Getting the floor, improper references to be avoided, interruptions. Every member desiring to speak shall address the chair, and say, "Mr. Mayor ", and such member shall not proceed with the member's remarks until named and recognized by the presiding officer. If any member is speaking, or otherwise transgresses the rules of the city council, the mayor shall, or any member may, call such person to order, and the member called to order shall immediately cease, unless permitted to explain, and the council, if appealed to, shall decide without debate. If the decision be in favor of the member called to order, he shall be at liberty to proceed. If against him and the case requires, he shall be liable to the censure of the council. No person shall speak more than twice on the same question, unless permitted by the council. No member of the councii shall leave his seat to speak to any other member of the council or any other person in the council chamber without first obtaining permission of the mayor. When the city council is in session, or when a member is speaking, or the city clerk is reading any paper to the city council, no member shall in any way disturb the proceedings of the city council. No member of the city council shall be permitted to talk upon any one given subject longer than five (5) minutes at any given meeting, except when permission be granted for an extension of time by a two- thirds (2/3) vote of the members present at such meeting of the council. No members of the council shall, at any time in addressing any meetings thereof, indulge in any personalities or indecorous language or in any matters or things not pertaining to the subject under discussion. The right cf the floor of the council shall be accorded only to the members of the council and to the appointive officers of the city unless otherwise provided for herein. C. Privilege of closing debate. A council member moving for the adoption of an ordinance or resolution shall have the privilege of closing the debate thereon. In all other cases the closing of debate shall be governed by the presiding official unless by two- thirds (2/3) vote of the members present at such meeting the council decides to extend debate for a time certain. D. Motion to reconsider. A motion to reconsider may be made either immediately during the same session, or at a recessed and reconvened session thereof only. Such motion need not be made by one not of the prevailing side, and be seconded by any council member. Such motion shall take precedence over all other motioc;s and it shall be debatable. E. Remarks of council members when entered in the minutes. Any council member may request, through the presiding official, the privilege of having an abstract of the council member's statement on any subject under consideration by the council 1 entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes. F. Synopsis of debate -when entered in the minutes. The city clerk may be directed by the presiding official, with consent of the council, to enter in the minutes a synopsis of discussion on any question coming regularly before the council. G. Motions. When a question before the council contains several propositions, any member may call for a division of the question so as to vote on each proposition separately. Unless such request for division is made, after preliminary discussion of an agenda item, the mayor shall, consistent with these rules, call the matter for determination by the council. Subsequent to the mayor calling the matter for determination, the procedure shall be as follows: ?. Main motion. Any member of the council desiring to offer a motion on a particL,iar agenda item shall so indicate by raising his or her hand to obtain the mayor's recognition. Subsequent to the mayor recognizing the member, the member will thereupon, in clear and concise terms, move to: a. Continue the matter; b. Table the matter indefinitely; c. Take a certain course of action; d. Approve for award a bid pending the signing of the contract and furnishing the required bond; e. Adoption of Ordinance No. and that the reading of the ordinance be waived; f. Adoption of Resolution No. and that the reading of the resolution be waived; g. Approve or reject the claim of in the amount of; or h. Approve consent agenda items. Thereafter, members desiring to second such motion shall so indicate to the mayor by raising the member's hand. Subsequent to the main motion receiving a second, the mayor shall call for a vote; whereupon, the city clerk shall in varying _order, with the mayor being called last, call for a roll call vote. In all cases, the member making the motion, the member seconding the motion and the vote of the members thereon shall be entered in the minutes of the council. Every council member abstaining from voting on a motion or being silent to same shall be recorded as having cast a negative vote on such r;- after. 2. if no member offers a motion on an agenda item, the mayor shall again call for a. motion. If no motion is presented after the second calling, the mayor shall declare the item fails for lack of motion. Similarly, if no one seconds another member's motion,, the mayor shall, after calling twice therefore, declare that the motion fails for lack o! a second. 3. Upon a motion having been offered and seconded, the mayor shall call for a vote. 4. Any time prior to the mayor's calling for vote of the council, a member may move to amend the motion, which shall require a second. An amendment must be germane to the main motion and be accepted by the member making the main motion and the member seconding same, if applicable. FL Items previously voted on by council. An item previously decided by the city council may be placed on the agenda as a new item of business only under the following circumstances: I. When the vote by the city council occurred at least six (6) months before the item again appears on the agenda; 2. When a motion to reintroduce the item is approved by a majority vote of the council within six (6) months of the council's original vote on the item. A motion to reintroduce may be placed on the same agenda as the item proposed for reintroduction. No item shall be proposed for reintroduction to the council more than two (2) times in a six (6) month period following the council's original vote on the item. Annually, when council members have been sworn into office and the item was voted on by the previous council. &A. This section shall not apply to any matters dealing with initiation, prosecution, defense or settlement of litigation brought by or against the city, its employees or agencies. (Ord. No. 347, 11/5/85) 3 The Gity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Proposed Resolution to Allow Municipal Court to Assume Jurisdiction of Juveniles DATE: August 7, 2015 BACKGROUND Pursuant to the last census taken, population of the City of Owasso exceeds 25,000 residents. Accordingly, it is necessary for the City of Owasso to adopt a resolution, to be filed with the district courts in Tulsa and Rogers Counties, so that the Owasso Municipal Court may continue adjudicating juvenile offenses arising out of municipal ordinance violations. Title 10A, Section 2- 2-103(A) of the Oklahorna State Statutes requires that municipalities with a population of at least 25,000 adopt a written resolution to assume jurisdiction of municipal offenses committed within their city by juveniles. Section 2- 2- 103(A) further requires that, once approved, the resolution be filed with the district court. Proposed Resolution 2015 -14 states that the City of Owasso desires to continue adjudicating violations of municipal ordinances committed by juveniles, and to continue establishing, developing and implementing prevention and early intervention programs such as Youth Court, While the Owasso Municipal Court currently assumes jurisdiction of minors charged with the violation of a municipal ordinance, and has done so for many years, it is now necessary to adopt the proposed resolution to comply with l0A O.S. §2- 2- 103(A). Approval of this resolution, and subsequent filing with the district courts in Tulsa and Rogers Counties, will permit the City of Owasso's Municipal Court to continue adjudicating juvenile offenses of municipal ordinances. PROPOSED ACTION: Approval of proposed Resolution 2015 -14 assuming jurisdiction of municipal court cases involving juveniles. ATTACHMENT: Proposed Resolution 2015 -14 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2015 -14 A RESOLUTION ASSUMING JURISDICTION OF MUNICIPAL COURT CASES INVOLVING JUVENILES. WHEREAS, Title 10A, Section 2- 2- 103(A), of the Oklahoma State Statutes provides that a municipality with a population of at least twenty -five thousand (25,000) may, by written resolution filed with the district court, assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating any municipal ordinance; WHEREAS, the City of Owasso has a population that exceeds twenty -five thousand (25,000); WHEREAS, the City of Owasso desires to continue to establish, develop and implement various prevention and /or early intervention programs for local juvenile misdemeanor offenders, as permitted by 10A O. S. §2- 2- 103(A), and to assume jurisdiction of cases involving children under the age of eighteen (18) years of age charged with violating certain municipal ordinances, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the City of Owasso Municipal Court may assume jurisdiction of cases involving children under the age of eighteen (18) who are charged with violating municipal ordinances relating to: 1. Assault 2. Assault and Battery 3. Battery 4. Carrying Harmful Weapon 5. Contempt of Court 6. Curfew 7. Disorderly Conduct 8. Failure to Appear for a Court Appearance 9. Failure to Comply with a Court Order 10. False Representation to an Officer 11, Firework Violation 12. Larceny 13. Possession of Alcoholic Beverage 14. Possession of Low Point Beer 15. Possession of Marijuana 16. Possession of Drug Paraphernalia 17. Possession of Tobacco by a Minor 18. Public Intoxication 19. Resisting an Officer 20. Trespassing 21. Truancy 22. Vandalism 23. Violation of any Traffic Ordinance 24. Any other applicable city ordinance THE CITY OF OWASSO reserves the right to decline prosecution for the enumerated offenses, and to refer any violations alleged to have been committed by the juvenile to county juvenile authorities for further prosecution. APPROVED AND ADOPTED this _ day of August, 2015 by the City Council of the City of Owasso, Oklahoma. ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney 2 Jeri Moberly, Mayor