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Home My WebLink About2017.03.14_Worksession AgendaPUBLIC THNOTICE NT MEET NG OF THE ADDENDUM TO Ci7j,Ci� 1p11 OWASSO CITY COUNCIL, OPWA, & OPGA The Owasso City Council will meet in regular session on Tuesday, March 14, 2017 at 6:00 pm at Old Central, 109 N Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Cley nd posted on heCity Hall bulletin board at 5:00 PM on Monday, March 13, 2017. (/ — ann M. Stevens, D puty City Clerk ADDENDUM The following is submitted as an addendum to the March 14, 2017 Agenda filed on Friday, March 10, 2017. Item numbered 9 shall read as follows: 9. Discussion relating to City Manager Items Warren Lehr • CDBG 2017 Project Selection Process • Proposed amendments to the Owasso Zoning Code • Proposed amendments to the Alarm Ordinance • Monthly sales tax report • City Manager report This meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. p „0 PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 6\16 Regular Meeting Tuesday, March 14, 2017 - 6:00 pm 1. Call to Order Mayor /Chair Lyndell Dunn 2. Discussion relating to Policy Guide - Owasso Redbud District - Increment District No. 1 (TIF) Emily Pomeroy, Center for Economic Development Law Bronce Stephenson 3. Discussion relating to the Council /Chair Leadership Elections Process Mayor /Chair Dunn 4. Discussion relating to Community Development items Bronce Stephenson A. Specific Use Permit- SUP- 17 -01, Montessori Academy (708 N Atlanta) B. Easement Closure- Montessori Academy (708 N Atlanta) 5. Discussion relating to Administrative items Sherry Bishop A. Proposed Ordinance relating to fireworks B. Proposed Ordinance relating to the City Clerk and City Treasurer positions 6. Discussion relating to the 76th and Main Intersection Improvement Project Bids Roger Stevens 7. Discussion relating to the City Manager's evaluation process and the City Attorney contract Michele Dempster B. Discussion relating to the Utility Rate Annual Report Linda Jones 9. Discussion relating to City Manager items �" 4M Warren Lehr • CDBG 2017 Project Selection Process �a • Proposed amendments to the Owasso Zoning Code • Monthly sales fax report Q• • City Manager report 10. City Council /Trustee comments and inquiries 11. Adjournment Notice of Public Meeting filed in the office of the City Clerk an the Agendl a ed at City Hall, 200 S Main St, at 6:00 pm on Friday, March 10, 2017. UGGi' � Sherry Bishop, City CI t sd The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Owasso Redbud District and Increment District No. 1 Policy Guide DATE: March 10, 2017 1LC44Kel;19111:I9 On December 20, the City Council voted 5-0 to create a Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. Staff held a brief discussion and brought the draft Policy Guide for discussion at the February 14, 2017, work session. Staff is now bringing forward a finalized draft of the Policy Guide document for Council consideration. At the February 14 worksession, Council had questions about the possibility of adding a category of Assistance in Development Financing that would provide funding for remodel projects less than the $200,000 proposed threshold required to receive assistance. Staff advised that a lesser amount would prevent the goals of the Downtown Overlay and TIF to be realized. Staff requested Center for Economic Development Law (CEDL) to listen to the worksession discussion and provide their professional opinion on the questions that were raised by Council. The response form Emily Pomeroy of CEDL is attached for Council review. The TIF district and the Downtown District Overlay Plan envision significant changes that would transform the area. Large and significant projects are necessary if that transformation of the Redbud District is to be realized. Smaller maintenance projects would improve the short-term appearance, only to risk that in twenty years the area is again a deteriorating. As Emily Pomeroy noted, the Project Plan seeks to incent 'only those large- scale, highly- desired projects making a significant positive impact on the District consistent with the vision of the Downtown Overlay District Plan." DISCUSSION: After the establishment of Tax Increment District No. 1, the next step is to adopt a Policy Guide that directs how the Assistance in Development Financing will be allocated to investors within the TIF area. A staff team has worked with the CEDL over the last few months to ensure that the Draft Policy Guide addressed concerns and suggestions from the City Council, Owasso Economic Development Authority, Planning Commission, TIF Review Committee and stakeholders. The staff team includes Assistant City Manager, Sherry Bishop; City Attorney, Julie Lombardi; Economic Development Director, Chelsea Levo; Finance Director, Linda Jones; Deputy City Clerk, Julie Stevens; and Community Development Director, Bronce Stephenson. PROPOSED POLICY GUIDE: The Policy Guide states: "The Increment District allows the City to support public and private projects using incremental growth in property and sales taxes. The Project Plan authorizes the allocation of incremental revenues to a special fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing. "This Policy Guide outlines the goals and objectives of the Project Plan and Increment District, and describes generally how assistance in development financing may be provided by allocation of tax increment revenues to assist development projects and small businesses. Nothing contained in this Policy Guide binds or obrigates the City or the Owasso Pubric Works Authority (OPWA). Compliance with the Policy Guide is expected. However, should the provisions of a development agreement or contract approved by the City Council or the OPWA deviate from the provisions of the Policy Guide, the development agreement or contract will control." The attached Policy Guide draft has the following highlights: The application process, review team and requirements for qualifying for TIF are established. • Assistance in Development Financing. A developer may receive a percentage of hard costs of the construction of improvements on the developer's property. The percentage available is based on the project completion date as shown in the table below. Project June 30, 2021 June 30, 2025 June 30, 2029 End of Completion Increment District Percentage of 12% 10% 8% 6% Construction Costs Small Business Enhancements. Beginning July 1, 2019, a retail, restaurant, or personal service small business may be eligible for reimbursement to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. A Small Business Enhancement is a 507o match of the cost of the approved improvements. The reimbursement will not exceed $1,500.00. Employment Generation Assistance. Light industrial businesses may be eligible for assistance in support of the creation or expansion of jobs. Assistance would be available to provide start-up or incubator space to new and expanding businesses to promote small- business - friendly opportunities for innovation and collaboration. The amount of assistance would be determined based upon several factors, including but not limited to, number of jobs created, need for public assistance, overall private investment, and impacts upon the community. • The Policy Guide includes a glossary of terms, maps of the project area, a copy of the Downtown Overlay District standards and draft application formats. TIMELINE: A Resolution adopting the Policy Guide will be placed on the agenda for the March 21, 2017, meeting. ATTACHMENTS: Draft Policy Guide Memo from Emily Pomeroy of CEDL OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1 POLICY GUIDE I. Introduction The City of Owasso, Oklahoma ( "City'), consistent with the Oklahoma Local Development Act, 62 O.S. §850, et seq., on December 20, 2016, through the adoption of Ordinance 1093, approved the Owasso Redbud District Project Plan ( "Project Plan ") and established Increment District No. 1, City of Owasso ( "Increment District "). The goal of the Project Plan is to develop the area surrounding Main Street, known as the Redbud District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base. The Increment District' allows the City to support public and private projects using incremental growth in property and sales taxes. The Project Plan authorizes the allocation of incremental revenues to a special fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing. The Project Plan defines the boundaries of the Project Area and the Increment District. The Increment District is the area where incremental revenues generated by new development are collected. The Project Area is the area where those incremental revenues can be spent. The Project Area and Increment District are coextensive; and are depicted in Exhibit A. This Policy Guide outlines the i and describes generally how as! of tax increment revenues to contained in this Policy Guide b Council or the OPWA de aereement'or contract will II. Obiectives of the ; and objectives of the Project Plan and Increment District, nce in development financing may be provided by allocation ist development projects and small businesses. Nothing or obligates the City or the Owasso Public Works Authority a development agreement or contract approved by the City m the provisions of the Policy Guide, the development Plan The goal of the Project Plan is to encourage development of the City's original downtown, now known as the Redbud District, into a special and unique place within the City; a place for residents and visitors to live, work, shop, and play. The Increment District will support public and private projects. The City's objectives include: • Achieve the development goals and objectives for the Redbud District contained in the Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030 Land Use Master Plan. • To preserve and enhance the tax base and make possible investment, development, and economic growth that would otherwise be difficult without the project and the apportionment of incremental ad valorem and sales tax revenues. 1 DRAFT 3 -7 -17 • To support the creation of attractive, high - quality, and viable mixed -use developments to draw residents and visitors. • Where appropriate, to support the development, improvement, and /or expansion of light industry to increase employment. • To encourage existing property and business owners in the Redbud District to invest, and to attract new investment and business to the Proiect Area. • To provide start-up and incubator space to new and expanding businesses and to promote small- business - friendly opportunities for innovation and collaboration in the Project Area. • To stimulate and promote the Redbud District as a walkable, vibrant destination. • To provide a public benefit through the construction of publ improvements to allow for development to occur in the area. All ad valorem and sales tax increment gen reimburse the City or other public entities fo Facilities, and Improvements, (2) providE Development Project Assistance, Small Busi Assistance, and (3) pay Implementation and for utilizing incremental revenues for public aspects of private developments that prc enhancement of the public space, bui encouragement of walkability III. Assistance in and in the Increment District is available to (1) ditures made towards Public Infrastructure, ance in development financing through ihancements, and Employment Generation istration.`The City has a strong preference •ucture and improvements, including those public benefit through the creation or facade, or street front presence, and t the Project Area. There are three `! eligible categories of assistance in development financing: (A) Development Project Assistance, `r +(B) Small' Business Enhancements, and (C) Employment Generation Assistance. Assistance in development financing is not available for the development of single - family homes or for entities seeking assistance related to a property that is exempt from paying property taxes. A. Development Project Assistance 1. Development Project Assistance may be available to a developer proposing to develop on vacant property within the Increment District or significantly renovate or rehabilitate an existing structure on property within the Increment District. To be considered for Development Project Assistance, such investment must be in an amount of more than $200,000.00 based upon the hard costs of the construction of the improvements. The 2 DRAFT 3 -7 -17 developer must own the property that it is seeking to develop or renovate. To be eligible for Development Project Assistance, projects must follow design and density standards as adopted by the City in the Downtown Overlay District Plan, attached as Exhibit B. 2. A developer seeking Development Project Assistance must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit C. The Application Review Committee will review the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the qualifications of the applicant, including financial capacity and experience, and recommend appropriate performance parameters and requirements. 3. Upon recommendation by the Application Review Committee that the proposed development is eligible to receive Development Project Assistance, a development agreement between the applicant and the OPWA will be presented to the applicant. The development agreement will obligate the developer . to make ad valorem payments on the property and to meet certain density and design criteria consistent with this Policy Guide and the Downtown Overlay District Plan. The development agreement will detail the incremental revenues available to pay the assistance in development financing and the timeline upon which they will be paid, subject to availability. Upon review and discussion regarding the terms of the development agreement, the development agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the development agreement, assistance in development financing will be provided as detailed in the development agreement and described here, provided there is no default under the development agreement. 4. For projects (receiving Development Project Assistance with construction costs over $4,000,000, the developer may be required to enter into a covenant imposing a minimum ad valorem payment or payment in lieu of taxes for the life of the Increment District. The minimum ad valorem payment will be based on the hard costs of the construction of improvements. The covenant shall run with the land and shall provide that, should the amount billed by the County Assessor be less than the agreed upon minimum ad valorem payment, such additional amount may billed by the OPWA. 5. For projects completed by June 30, 2021, the maximum amount of assistance in development financing that the developer may receive is 12% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2021 and June 30, 2025, the maximum amount of assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2025 and June 30, 2029, the amount of assistance in development financing that the developer may receive is 8% of hard 3 DRAFT 3 -7 -17 costs of the construction of improvements on the developer's property. For projects completed after June 30, 2029 through the end of the life of the Increment District, the amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of improvements on the developer's property. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project June 30, 2021 June 30, 2025 June 30, 2029 End of Completion Increment District Percentage of 12% 10% 8% 6% Construction Costs 6. The hard costs of the construction of improvements on a project will be determined and verified by the Application Review Committee prior to the payment of any Development Project Assistance. The receipt of Development Project Assistance is conditioned upon the developer's payment of taxes on its property and upon an increase in taxable value of the property. The amount available for Development Project Assistance for project is limited based on the amount of incremental revenues generated by the project. Development Project Assistance will not be available until the project is completed and incremental revenues generated by the project are received. There is no guarantee of the availability and timing of funds for Development Project Assistance. B. Small Business Enhancements 1. Beginning July 1, 2019, Small Business Enhancements may be available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. To be eligible for Small Business Enhancements, projects must follow design and density standards as adopted by the City in the Downtown Overlay District Plan, attached as Exhibit B. 2. A Small Business Enhancement may be provided to assist in improvements and appearances of the physical exterior or exterior elements of the property where the business is located. Examples of such improvements include, but are not limited to, new or upgraded exterior signage, new exterior paint, art installation, landscape improvements, window or awning improvements, accessibility improvements, streetscape improvements, sidewalk improvements, parking additions or improvements, the installation of an outdoor seating or gathering space, or other visual improvements to the property. A Small Business Enhancement is a 50% match of the cost of the approved improvements. The applicant will be reimbursed by the OPWA at the completion of the approved improvements for 50% of the actual amount expended on the approved improvements. The amount of the reimbursement will not exceed 4 DRAFT 3 -7 -17 $1500.00. Documentation of all reimbursable expenses related to the improvements and physical confirmation of improvements must be provided before reimbursement occurs. 3. A business seeking a Small Business Enhancement must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit D. The Application Review Committee will review the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the proposed enhancements, and recommend appropriate performance parameters and requirements. 4. Upon recommendation by the Application Review Committee that the proposed improvement is eligible to receive a Small Business Enhancement, a business enhancement agreement between the applicant and OPWA will be presented to the applicant. The business enhancement agreement will provide for assistance in development financing as authorized by the Project Plan. Upon review and discussions regarding the terms of the business enhancement agreement, the business enhancement agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the business enhancement agreement, assistance in development financing will be provided as detailed in the business enhancement agreement and as described here. C. 1. Employment Generation Assistance may be available to light industrial businesses in support of the creation or expansion of jobs. Employment Generation Assistance may be available to provide start -up or incubator space to new and expanding businesses to promote small- business - friendly opportunities for innovation and collaboration in the Project Area. The amount of assistance in development financing will be determined based upon several factors, including but not limited to, number of jobs created, need for public assistance, overall private investment, and impacts upon the community. 2. A business seeking Employment Generation Assistance must submit an application to an Application Review Committee, made up of representatives of the following: the City Manager's Office, the Finance Department, the Economic Development Department, the City Attorney's Office, and the Community Development Department. The form of application is included here as Exhibit E. The Application Review Committee will review the application for compatibility with the Project Plan, evaluate the proposed job generation opportunities and impacts on the community, and recommend the amount of assistance in development financing to be provided, as well as appropriate performance parameters and requirements. 5 DRAFT 3 -7 -17 3. Upon recommendation by the Application Review Committee that the proposed project is eligible to receive Employment Generation Assistance, an agreement between the applicant and the OPWA will be presented to the applicant. The agreement will provide for assistance in development financing as authorized by the Project Plan. Upon review and discussions regarding the terms of the agreement, the agreement will be provided to the OPWA for its consideration. Upon approval by the OPWA of the agreement, assistance in development financing will be provided as detailed in the agreement and as described here. Employment Generation Assistance will not be available until the agreed upon performance terms in the agreement have been reached. There is no guarantee of the availability and timing of funds for Employment Generation Assistance. IV. Glossary of Terms Terms used throughout this Policy Guide are further defined as follows: Assistance in Development Financing — Public funds provided to a developer pursuant to an approved agreement with OPWA to assist in a project. Assistance in Development Financing is provided only for projects that are determined, in the City's and /or OPWA's discretion: (1) to meet the City's approved development goals and objectives for the Project Area, as expressed from time to time in the City's plans and policies, and (2) to provide adequate consideration and public benefit in return for the public investment. Hard Costs of the Construction of Improvements -'The actual and direct construction costs of the material, labor, and improvements associated with a development. Such costs exclude developer's fees and other soft costs, including but not limited to architectural, engineering, financing, and legal fees, and other pre- and post- construction fees and expenses. Increment District — The area from which increment is generated. For purposes of the Project Plan, the Increment District and the Project Area are the same. Increment — The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of the Increment District (as determined by the Tulsa County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases in the value of property within the Increment District. The sales tax increment is a portion of the City's sales taxes generated within the Increment District, to be determined by a formula to be approved by resolution of the Owasso City Council in accordance with the Oklahoma Local Development Act. Light Industrial Business — A business that manufactures products for end users. Products may include, but are not limited to, shoes, clothing, furniture, electronics, lights, hardware, and household items. 0 DRAFT 3 -7 -17 Oklahoma Local Development Act —The law passed by the Oklahoma Legislature to implement Section 6C of Article X of the Oklahoma Constitution, which empowers the governing bodies of cities, towns, and counties to apportion tax increments to help finance the public costs of economic development. 62 O.S. §850, et seq. Owasso Redbud District Project Plan —The document approved by the City Council of the City of Owasso on December 20, 2016, by the adoption of Ordinance 1093, that established Increment District No. 1, City of Owasso, pursuant to and consistent with the Oklahoma Local Development Act. Project Area — The area within which project activities occur. For purposes of the Project Plan, the Project Area and the Increment District are the same. Small Business — A business that is independently owned and operated by an individual from or entity incorporated in Oklahoma that has fewer than 20 employees (full- or part -time) at the time of the submission of an application seeking a Small Business Enhancement. Start -up or Incubator Space — A below- market rate office available for lease to help create and grow new businesses. Such space may provide common support and services among many businesses in an effort to reduce overhead and operational costs. 7 DRAFT 3 -7 -17 CENTER FOR ECONOMIC DEVELOPMENT LAW MEMORANDUM To: Warren Lehr, City Manager, City of Owasso From: Emily K. Pomeroy Date: March 2, 2017 Janes Dan Batchelor 1,S1w V. Ba¢he(or Emily K. Pomeroy Lisa M. Harden Deft Salmt Re: Policy Guide Assistance in Development Financing Provisions 301 Noah Hat vey, Suicc f0U Q k l.=. I10ma City, 0 k h hon,a 7;102 -3 +).t 40i ? 3 2 4606'rr:�esn 405'232 jG10 cawa- .econlewsmn The purpose of this memorandum is to discuss the application of assistance in development financing, as summarized in the proposed Policy Guide, specifically in relation to investments made by property owners or developers in the amount of less than $200,000.00. Background The Policy Guide, currently being reviewed by City staff and City Council, is a proposed working document to assist in the implementation of the Owasso Redbud District Project Plan ( "Project Plan ") and Increment District No. 1, City of Owasso ( "Increment District'), adopted by City Council on December 20, 2016, by Ordinance 1093. The Policy Guide is meant to provide a statement of the method of calculating and means of providing assistance in development financing, as authorized by the Project Plan. However, there are certainly instances where it may be appropriate and desirable to deviate from the Policy Guide. Indeed, the Policy Guide itself states that should the provisions of a development agreement or contract approved by the City or the Owasso Public Works Authority deviate from the provisions of the Policy Gide, the development agreement or contract will control. The Concern The Policy Guide provides for and defines three categories of assistance in development financing: Development Project Assistance, Small Business Enhancements, and Employment Generation Assistance. Project Development Assistance may be provided to property owner developers making an investment in the amount of more than $200,000.00. Small Business Enhancements, in a maximum amount of $1,500.00, may be provided to businesses who make $3,000 or more in improvements to or near the exterior of the building in which they are located. In its February 14, 2017, City Council Study Session, there was discussion among the City Council and staff about the fact that the Policy Guide does not specifically provide for assistance to property owners that make improvements to their properties, but do not meet the threshold $200,000.00 amount. The concern is that the $1,500.00 Small Business Enhancement will be insufficient in these instances. In other words, the posed question is why Warren Lehr March 2, 2017 Page 2 not provide a higher level (more than $1,500.00) of assistance in development financing to those making investments of more than $3,000, but less than $200,000.00. The short answer is that, based on our experience with other area -wide development efforts, the Increment District will not be successful if the increment generated is spent assisting projects that do not make a large and significant impact on the area. The goal of the Project Plan is to assist the most impactful developments that, by their existence, will create the market necessary for development to occur on its own in the Redbud District. The Development Project Assistance and the Small Business Enhancements are two separate and distinct categories. The Development Project Assistance is the real driver of development success. The Small Business Enhancements are good, albeit modest, signals of support for businesses in the Redbud District. The Project and the Public Assistance The impetus for the Project Plan was the Downtown Overlay District Plan. By its language, the Downtown Overlay District Plan specifically encourages and promotes higher density and mixed uses. It lays out the vision for the downtown: urban building orientation, zero lot line setbacks, and uses that include a mix of retail, office, residential, multi - family developments, and enhancement of the public space. That vision is intentionally bold and a significant change from most of the development that currently exists downtown. The Project Plan seeks to provide public assistance to projects that meet the bold vision of the Downtown District Overlay Plan. While it is difficult to determine what will be the most meaningful projects, setting a threshold amount is a way to try to assure that overall investment will be significant, not only in the amount of new property taxes generated, but in impact on the Redbud District and the community as a whole. That is why the $200,000.00 (based on estimated costs to construct a marketable duplex) benchmark investment amount is important. While lower levels of private investment may produce increases in ad valorem, there are a number of goals in the Project Plan that are more than simply increases in ad valorem. They include density, form, design, and creating a sense of destination. The type and scale of development that the Project Plan intends to stimulate will require significant private investment. A face lift or simple renovation to an existing building is not the bold and significant development that the Project Plan or the Downtown Overlay District Plan envisions. Further, smaller investments will not increase property values to a level that the projected increment generation and overall potential of the Increment District can be realized. In analyzing development potential, sites likely to see large -scale and significant development were used to calculate the taxable assessed value increases and estimate increment potential. Of course, not every property in the Increment District will experience a large renovation or demolition with new construction. Smaller investments will occur, and that will be good for the Increment District overall. However, not every investment made, particularly those that do not meet or exceed the City's development goals for the Redbud District as stated in the Downtown Overlay District Plan and the Project Plan, should be incentivized. That approach is unlikely to produce sufficient increment to fund the Project Costs authorized by the Project Warren Lehr March 2, 2017 Page 3 Plan. If generated increment is used to provide assistance in development financing to projects with lower levels of private investment, opportunities for larger projects with higher amounts of private investment and thus higher amounts of increment generated and community impact will be unavailable. To fully realize the development potential and increment generation projected in the Project Plan, assistance in development financing needs to be provided to only those large - scale, highly- desired projects making a significant positive impact on the Redbud District consistent with the vision of the Downtown Overlay District Plan. For each project, development agreements will state the terms of the available public financial assistance and will ensure that the Owasso Public Works Authority has input and approval on the quality, type, and scale of development that the City wants to encourage. The agreements will contractually obligate property owners to push prospective developments in terms of design, street front presence, and density. Incentivizing development that does not make the Redbud District the walkable, pedestrian- friendly, unique place that the City desires greatly decreases the potential benefits of tax increment financing. The Project Plan and the Policy Guide are set up to maximize the potential of the Increment District and incentivize large - scale, significant projects. Conclusion The Policy Guide is meant to provide implementation and administrative guidance. As mentioned above, there may be instances when it is appropriate and desirable to deviate from the Policy Guide. It may be that there is a project of less than $200,000.00 investment, but that provides an important improvement to the Redbud District, that the City finds appropriate and desirable to assist. This is the City's choice, and it is not prohibited by the Policy Guide. However, in our view, those instances should be the exception and not the rule. The Policy Guide should encourage the highest and best use of property within the Increment District. We are happy to have the opportunity to address this issue and are excited that the City is exploring all possible ways to implement the Project Plan and develop the Redbud District. If we can address additional questions, please do not hesitate to contact us. � �__? ^ sd The City Wit out Limits. TO: Honorable Mayor and City Council, City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Specific Use Permit 17 -01 - Montessori Academy of Owasso DATE: March 10, 2017 BACKGROUND: The City of Owasso received an application from Matthew Christiansen of the Doerner Saunders Law Office for the review and approval of a Specific Use Permit for the Montessori Academy of Owasso. The subject property on unplatted property located at 708 N Atlanta St. The site formally operated as First Freewill Baptist Church. SUMMARY TABLE: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Single- Residential Residential City of Number of Reserve Areas Family High Density) Within PUD? N/A Owasso South RS -3 (Residential Single- Residential Residential City of Streets (public or private) Family High Density) Owasso East RS -3 (Residential Single- Apartments Transitional City of Family High Density) Owasso West RS -3 (Residential Single- Residential Residential City of Family High Density) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.35 acres Current Zoning RS -3 (Residential Single - Family High Density and AG (Agriculture) Land Use Plan Transitional Proposed Use Private School Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? No Water Provider City of Owasso Applicable Paybacks N/A Streets (public or private) N/A ANALYSIS: A Specific Use Permit (SUP) is required in certain Zoning Districts for uses that may potentially be more intensive than the surrounding uses. The property in question is an unplatted parcel with two separate zoning classifications. The eastern portion is zoned RS -3 (Residential Single Family) and the western portion is AG (Agriculture). Within both the AG and RS -3 Zoning Districts, an SUP is required for a private school use, which is requested as a part of this Specific Use Permit. The property contains two structures; the easternmost structure was the former church sanctuary, offices, and classrooms, while the structure to the west was an accessory building. With approval of an SUP, Staff, the Planning Commission and City Council can require additional conditions on the project to mitigate any ancillary issues the proposed use may cause to adjoining properties. The subject application requests approval of an SUP to allow for the operation of a school within the existing structures on the site. Discussions with the applicant indicate that the classrooms will be located in the former sanctuary building on the eastern side of the property. The building to the west will be used for special functions and periodic indoor recreational activities. The applicant has informed Staff that the school will have about sixty -six total students. The applicant has submitted a Site Plan and survey with this application. Since the applicant will be using the existing structure, no architectural drawings were required or submitted. The Site Plan indicates areas that will contain a proposed six -foot privacy fence and new landscaping as part of the SUP requirements. There is a utility easement located beneath the western building on the property, which needs to be closed. The applicant is aware of this situation and has submitted the required paperwork to close the easement to ensure clear title. A letter from two property owners to the south was submitted to Staff indicating a preference for no privacy fencing. The letter asserts that these property owners tend to watch over the property for vandals and other questionable activity. Additionally, the authors of the letter indicate that the property is used as a cut - through for children going to school or catching the bus. While it is admirable that the residents have taken the responsibility to watch over the property, those owners may not always be there. Additionally, Staff believes that the property should not encourage cut - through pedestrian traffic. Rather, a situation should be created that is safe and secure. Therefore, Staff recommends that a six foot screening fence on the north, west, and south property lines be included as a requirement of this SUP. In summary, Staff believes this is a very good use for this property. It will provide an alternative educational component and help provide stability in this neighborhood. Because the site has existing structures already in place, is served adequately with utilities, has established access, and has recorded easements, Staff is asking for Plat Waiver along with this request. Staff will recommend the following conditions be applied to the property • No additional lighting shall be installed without staff approval other than what exists on the site; • No additional signage shall be installed. If the applicant choses to use a new sign, a sign permit shall be obtained and approved by Staff; • No digital signage shall be used on the property; • A minimum six -foot opaque screening fence shall be required along the north, west, and south property lines. The screening fence already in place along the west boundary may be used as part of the screening requirements, but in the event the fence falls into disrepair, it shall be repaired or replaced by the applicant; and • Landscaping shall be provided on the site as depicted on the attached site plan and shall be inspected by Staff prior to issuing an Occupancy Permit. PLANNING COMMISSION: The Planning Commission will consider this item at their regularly scheduled meeting on Marchl3, 2017. ATTACHMENTS: Aerial Map Zoning Map Land Use Plan Letter from Neighbors Site Plan Misc. Site Pictures O O O T E d V a O N N Y C O W T u m u u N Ol UI a E 0 `o Ul wRA. 1 \'. T� a O D C O U D U1 Y- 10 u 10 0 Ul v C N IU _ Of m 0 N C v v L D Ul 9 0 n (� m � m O ❑ N c c N o0 N mm N EE O `o `o .9 .9 u W a1O �v � o o Q. N O � � v N o U p CL T 0 a O. f0 N N D U m n ya � o N N N N Q c d � d U A Q O N u Em N L N r a � =� . ., �:r�.a111 eeeeee111: Jeeeie111■ � -_ _ 1 mm mm mm mm -m M ; — - �•� -►..e. 1e1e1 ■� 1 ■ -m =m 11 e ee1�1 = = ■11111■ ■� m - . '� � 111 �1 1� �� ►, rm oil �1e 1e `.'eeell ■■■ ►��eeeeee . eel LEGEND 6.4, Owasso Corpor te imits -1 300 'Radius 0 ,. „ ,, / __ Feet q � _ a- � m fo a 0 � _0 $ -i § \ !, \�\k )(k/ ) \)/ '000 ) {D\ ! { / k/a - {,/y=,!_ z B� |x-110 E314, \ !, \�\k )(k/ ) \)/ '000 {D\ { / k/a - {,/y=,!_ z \ !, \�\k )(k/ ) \)/ '000 February 14, 2017 Richard L & Judy M. Mullenix 703 N. Beaumont St. Owasso, Okla. 74055 Hale Add. Lot 11 in Blk 1 James W. Gray & Susan Dawson 701 N. Beaumont St. Owasso, Okla. 74055 Hale Add. Lot 10 in Blk 1 Honorable Owasso City Council: RE: Privacy fence along south side of School We have been at these two homes since 1977/78'. Our two homes directly abut and are south of subject school property. We would prefer that no privacy fence be erected and that the existing chain link fence be maintained instead. Since it is a chain link fence, we have been able to watch over the two church buildings or alert the owners of the church since First Freewill Baptist had the property in the 70's. We have run off possible vandals and even kept the grounds clean as well. One of the neighbors across the street who works for a security firm has even had camera's directed towards the church. Richard Mullenix is a former Owasso police offer and has had an excellent relationship with the church over the past few decades. James Gray looks over the property and even has a key to the properties. He had even maintained the yard of the church as well. In addition to the proposed wooden privacy fence creating a potential security issue on the south side, the kids from the school bus are dropped off on Atlanta Ave. and sometimes access the church parking lot and proceed to their homes via an opening on the chain link fence. When the chain link fence was closed where there was no opening into Beaumont St., some kids apparently made an opening. It's possible that they would create an opening should a wooden fence be erected. The church has no problem with kids ingressing and egressing the church parking lot as long as they don't hang around and loiter, which we have run them off from time to time thereby saving any police time. In lieu of the security and visibility concerns that a wooden privacy fence would create for the school and the 'inability of some kids to have a shortcut to their homes via the parking lot, we would prefer a privacy fence on the s th side not be erected, but that the chain link fence be retained and maintained. Richard L. Mullenix Ja es W. Gray 0 so @�x .�. Z _ g'e Avrorvn n.>rasr I 1S3M 1332llS v1NV71v H12ION ^ oa a rr .0 ' St'A pOj 00 a� 2 N Da m � • � O LLa n w •eeee•seeea Jain �` o v •p- N \ saU m0 co 42 \ } W m O � \ W ] 2 2 ,49'S Q N O LL ,49'S \ � a+.ro+s erxwm Wi\ N T Op, Div of Q Q1 w w UZ 2 ? NN N Z C u. \� ddd IIIWi�� rc w > z S3 8 y3 m F`x' d w w m '� o 99 a a o w o m z C h o ° 0 133N1S pt, (� °C9 H1HON ]� O Z 7 J:H •,U �1 sm aoollp zxw s o y33 � �� 3Jx3 A 5537 id33X'3 8 5537 .W .091 x ,SL .091 x ,Sd o 0 d rrarcx�- ua'rc.rr:uw •.nu9YI lyp$SyAgW usuwl3v m..rcwiuvmsvxmleosraen rre¢w•nrn +nwa•.ar�aenu9ivunlwra SUP 17 -01, Front View sd The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Utility Easement Closure Request 708 N. Atlanta, Montessori Academy DATE: March 10, 2017 BACKGROUND: The City of Owasso received a request from Matthew L. Christensen for the complete closure of a utility easement. The easement is located on the western side of an unplatted piece of property beneath a large outbuilding that was built as part the church complex that operated on the property for many years. The address of the property in question is 708 N Atlanta. The Montessori Academy of Owasso is looking to occupy this property for its school operations (SUP 17 -01). The abstract on the property discovered the issue with the utility easement. The easement needs to be closed and vacated to ensure clear title to the property. Required notice was sent to all franchise utility companies. The City of Owasso Public Works Department was also contacted regarding the closing of the portion of the easement and indicated there should be no impacts to future utilities. No other utilities appear to be affected by the closing of this portion of the easement. Upon Council action to close the easement, it is suggested that the applicant take the Ordinance to district court and file for vacation of the easement which will complete the Closing process and remove it from the books. Staff will bring an ordinance for this item to the April 4, 2017, City Council meeting for action. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their January 25, 2017, meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting and there are no lines inside the easement. ATTACHMENTS: • Draft Ordinance • Plat of Survey CITY OF OWASSO, OKLAHOMA ORDINANCE DRAFT AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT ON UNPLATTED PROPERTY LOCATED AT 708 N. ATLANTA, OWASSO, OKLAHOMA, WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use a portion of a certain public utility easement herein attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict herewith. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. All of the 10' utility easement which lies in a tract of land that is part of 708 North Atlanta, Owasso, Oklahoma (as depicted on Exhibit "A "). The same is hereby closed for public use as a utility easement. Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. (SEAL) ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 4th day of April, 2017. Julie Lombardi, City Attorney Lyndell Dunn, Mayor " �aad 954491 EXHIBIT "A" BOOK gyr& SM UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned owner of the legal and equitable title to the following described real estate, for and in consideration of value received, the receipt of which is hereby acknowledged, does hereby grant and convey to the public, for public use, a perpetual easement through, over, under, and across the following' described described property: ;Ld `, A) North 10 Feet and the South 15 Feet of a parcel of land bung one hundred Eighty- Five (185) Feet South of the Northeast Corner of the Sout I Quarter of the North- West (SEA; MA) of section Thirty (30), Township Twenty-one (21) North, Range Fourteen (14) Fast of the Indian Base and Meridian, Tulsa County, State of Oklabon, according to the D. S. oover[ment Survey thereof; thence West One Hundred Ff.fty(150)Feet,tb5eince.Smt1 One Hundred Fifty (150) Feet, thence East One Hundred Fifty (150) Feet, thence North One Hundred Fifty (150) Feet to point of beginning. B) North 10 Feet and the West 15 Feet and the South 15 Feet of a parcel land beginning at at a point Nine Hundred Eighty-Five (985) Feet North and Four Hundred 7twenty-two cot Six (422.6) Feet West of the Southeast (SE) Corner of the Southeast Quarter of the Northwest Quarter (Nkik) of Section 'Thirty (30) , Township Twenty-me (21) North, Range Fourteen (14) Fast of the Indian Base and Nendiian, Ta sa County, Oklatnana, thence West One Hundred Sixty-Wne point Four (169.4) Feet, thence North One Hundred Fifty (150) .Feet, thence East one Hundred Sixty -Nine point Four (169.4) Feet, thence South One Hundred Fifty (150) Feet to the point of begitmipg, HALE ADIOMON to Owasso, Qklalvxna.. .cant'd an attached page. for the purposes of permitting the construction of any and all public utilities, including, but not limited a, storm and sonitory sewers, natural gas and water lines, telephone and electric lines, cables, conduits, and pole lines, thereon, through, over, under, and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same, and affording the owners and operators of the above mentioned public utilities, their officers, agents, employees, and /or oil persons under contract with them, the right to enter upon sold premises and strip of land for the purpose of surveying, excavating for, constructing, operating, and maintaining such utility, and for terminating such use. The public Is hereby given and granted possession of the above described premises for the purposes aforesaid, and the undersigned, for himself, and his heirs, administrators, successors, and assigns, covenants and agrees that no building, structure, or other above or below ground obstruction that will interfere with the purposes aforesaid, will be placed, erected, instolfed, or permitted upon the above described premises; and further covenants and agrees that in the event the terms of this paragraph ore violated by the undersigned, or any person in privy with him, such violation will be corrected and eliminated immediately upon receipt of notice from the above mentioned public utility, or that utility shall hove right to correct and eliminate such violation, and undersigned, his heirs, administrators, successors, and assigns, shall promptly pay the actual cost thereof. TO HAVE AND TO HOLD such easement unto the public forever. Dated this 2fih. day of A r+t 197... ATTEST' (SEAL1: esi ant, xs e�ptt.st Church STATE OF O f'h i SS ' COUNTY OF J Before ma, the undersigned, a Nofory Public In and for said County and Stofe, qn tF,is,_ , FQ of Apw.fX , 198 ,Personally opPeared Ron Ha.PR antt•!�tt .T _., to me known to be the identlp'ol pdysb „a;ll77,pp;;,,o ex'C•$' ,'r2(('. the foregoing instrument and acknowledged to me thot�aW executed the �mg'��'u"""ti' {'” ° '.: - (rea and voluntary act and deed for the purposes therein set forth. GIVEN under my hand and seal the day and year lost above writ enZ' '•yy ..0_� My Commission Expires: Nn't Pmb °n 214# 1983 - " Notary ublic'. % STATE OF TU a _1 SS COUNTY OF . -- Before me, th undersigned, a Notary giblic in and for said County and Stale, on this _..z l! day of T — 19._., personally appeared to me known to be the Identical persorgwho subscribed the name of the maker thereof to the foregoing instrument as Its_$ CSiaClltiSi '.Cf..anSY'.'Uf1EYnnW, ledged to me that thgy executed the same os theiv free and voluotbry.:gp6r6 i, dared of such corporation, for the uses and purposes therein set forth. * �:; f LU r GIVEN under m hand and seal the and year lost above written, Y (r Prw-. z i- 641'7 ��` .- se'r£✓ Li''-Gf -- My Commission Expires: Nqt.. "piilijlal, ' EXHIBIT "A" BOOBQ537P.m;::993 C) The North 10 Feet and the South 15 Feet and the Fast 10 Feet of a parcel of land beginning Nitre Iiunrked Fi&bty?Fiee,(985)Feet North and One Hundred Fifty (150) Feet West of .the-Southeast Comer of the Southeast Quarter of the North- west Quartet (SFk'NA) of Section Thirty (30), Township Twenty-One (21) North, Range Fourteen (14) East of the LuUan Base and Meridian, according to the U,S. Government Survey thereof, thence West Tun Hundred Seventy -Two and Sixty Hundredths (272,60) Feet, North One Hundred Fifty'(150) Feet, East Two Hundred Seventy-Two and Sixty Iumdredths (272,60) Feet, South One Hundred Fifty (150) Feet to the point of beginning, D) A 15 Foot wide tract with the center line being located One Hundred Forty -Seven and Sixty Hundredths (147.60) Feet West in the parcel of land be ginning Nine Hundred Eighty-Five '(985) Feet North and One Hundred Fifty (150) Feet West of the Southeast Corner of the Southeast Quarter of the Northwest Quarter (Std of Section Thirty (30), Township Twenty-One (21) North, Range Fourteen (14) Feat of the Indian Base.and Meridian according to the U. S. Govermient Survey thereof, thence West Two Hundred Seventy-Tao and Sixty Humdredths (272.60) Feet, North One Hundred Fifty (150) Feet, Fast Two Hundred Seventy-11M and Sixty Hundredths (272.60) Feet, South One Hundred Fifty (150) Feet to the point of beginning, N -CZ m Soo rn racx rm O-czii T-i�0 rn� a r i HjdoN ol _0o 1 W 686.. —(— U H1NON 0 W Z ig O ED u v e ?> O H 2 gig I � ~ cR N s 2 Vol J U 2 1 2 2 ° QV I Oti m or >�6 ;;ire 'tt6r X009 L31V1:Y3 ;1 >sp3 h'lnve \ os! � O O N 3 V;p H1L'GN U,O ..o �� op wad I I w° .zu ¢�p per ZMm z a z z 3 0 LN I p p Oo a ex --i=z LLzz =i cc �, z z zo ?c m fL xoo ww'� U S� a W'oLL V W uGz In rLL�u° i I O LU cwo oc�*3� Oz O Z 2xzw t' X00 ¢n °f.r U io 3 LLoowz Q i N °z_i,m„zc z ^ u F z F p x 2 w z o"OZ -wa i�3 �aWoz Oci i o. m3 > m m m wQ w~^�u o ti ¢x.o o t2v yvi a°�y HI &ON 0 W 6 a �F i g z a -_ ^^ I �q ow APN' ITMASV� SUN i gSE 'w 153!51 1332/15 6'1NNllV H12/0N r 3 I b 0 �4P � �� F M .910 aG J�gg NL$M �:'E °m w o 1 s 'iOO 4 ' m ° am n hb o mm� g w E h -- LL 3.Zf.GdASN I� � em ou II W\ ° i s'w C a v m H I � 5 I / ° 8 I ` 1332/15 °v g en 1rvH. aoN a �a U t� I z 1 �nl h OY 3 .MSU S d ZDM w SCrl I dda3xa N SS87 ,OSI % ,54 ,OSS R 154 i u �q � y YbYL21�<N:NUY 3i1V0 !MP {IYY4 WS]3Wf1 {YN[19�ii1 Stl #�911/bAW YLSSLMaY91E191NCN'1E19i13 ll�liY3WWM�XIVJ nos 6d The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Amending the Fireworks Ordinance DATE: March 10, 2017 BACKGROUND: Staff is proposing an amendment to the Code of Ordinances relating to the authority to approve a public display of fireworks. This amendment would give approval authority to the city manager. The Owasso Code prohibits the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city. However, the Code authorizes the City Council to approve a fireworks display with certain requirements. For many years, the City's Red, White and Boom! was the only fireworks event in the community. In recent years, as other groups have sponsored more events with a fireworks display, there have been some complications. Occasionally a group is not timely with their request for Council approval of an event. Authorizing the city manager to approve the fireworks display would alleviate this problem. Strict compliance with the Code is difficult for these other events due to the current restrictive language. The Code states that City Council may "approve and sponsor a public display of fireworks within the city celebrating Independence Day." The City Council does not "sponsor" events by other groups and some of those events do not celebrate "Independence Day." Another language concern is the requirement that a fireworks display must be "open to the public, free of charge" This becomes a problem when the fireworks display is on private property or may be in conjunction with another event with a paid admission such as a football game. Certainly the aerial display may be viewed by anyone, but the event is not "open to the public, free of charge." The attached draft ordinance proposes the following changes: • Change "council" to "city manager" for authority to approve. • Delete "sponsor" from "approve and sponsor." • Delete "celebrating Independence Day." • Delete "open to the public, free of charge." PROPOSED ACTION: Staff will present a draft ordinance for discussion at the March 14 and April 11, 2017, work sessions. ATTACHMENT: Draft ordinance CITY OF OWASSO, OKLAHOMA ORDINANCE DRAFT AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, AMENDING SECTION 10 -304, FIREWORKS PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY MANAGER TO APPROVE A PUBLIC DISPLAY OF FIREWORKS. THIS ORDINANCE AMENDS PART 10, CHAPTER 3, SECTION 10 -304. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Ten, Offenses and Crimes, Chapter Three, Offenses Against the Public, Section 10 -304, Fireworks Prohibited, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended to read as follows: SECTION 10 -304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section, the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city GGa„Gir manager may, for the common good, approve Gad SP9RseFa public display of fireworks within the city GelebF^''^^ 'Rdepe^^'^^G^ OGy. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city P^1 IRC- k manager's specific approval for the event; C. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The Chapter and Ordinances above shall be amended and codified in Part 10, Chapter 3, Section 10 -304, in the Owasso Code of Ordinances. PASSED AND APPROVED this day of , 2017. Lyndell Dunn, Mayor (SEAL) ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney sd The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Clerk /Treasurer Ordinance DATE: March 10, 2017 BACKGROUND: The city charter provides that the city treasurer be appointed by the city manager and the city clerk be appointed by the city council. (See attached Charter Sections.) In June of 2003, the City Council approved ordinance 759 combining the offices of City Clerk and City Treasurer. Staff is proposing the repeal of that ordinance, so that the finance director may be appointed as the city treasurer and the responsibilities of city clerk are separated. In 2006, 1 was appointed assistant city manager and continued to hold the office of city clerk /treasurer. Anticipating my retirement in 2018, staff has reviewed the responsibilities and recommends that the finance director be appointed city treasurer and the duties of city clerk be separate. Repeal of Ordinance 759 would allow the finance director to be appointed as city treasurer. I would retain the position of city clerk until another city clerk is appointed. PROPOSED ACTION: Staff will present this item for discussion at the March 14, 2017 work session and a draft ordinance will be presented at the April 11, 2017 work session. rAi /_T-@MT,1I;48 &1 Ordinance 759 Owasso Charter, Section 2 -6 and Section 4 -1 ce) M 0 0 M 0 h 0 M � X o y 0 4 C, 0 Tulsa County Clerk - EARLENE WILSON D°# 03099908 � 1 B/P 7063/0033 -0033 nil Re�Pt :_= =666595 07/09/03 16:23:01 IIIIIIIIIIIIIIIII® 111111IIIIII111111IIIIIIIIIIIIINIII Fee 13.00 NE0006665950073K CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 759 AN ORDINANCE RELATING TO SECTION 24 OF THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, COMBINING THE OFFICE OF CITY CLERK AND CITY TREASURER, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2 -6 of the Charter of the City of Owasso, Oklahoma states that the City Clerk shall be elected by the Council for an indefinite term; provided that the Council, by ordinance, may provide that the City Treasurer shall be ex- officio City Clerk; and, WHEREAS, the Owasso City Council has considered the recommendation of the City Manager and all statements for and against the recommended action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: Section 1: That the City Clerk and City Treasurer position be one and the same. Section 2: That all ordinances or parts of ordinances in conflict herewith be, and the same hereby are, expressly repealed. Section 3: That this ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. OFFICIAL SEAL AND APPROVED this 171e day of June, 2002. Win APPROVED AS TO FORM: CITY OF OWASSO, OKLAHOMA By o ochran, Mayor Charter of the City of Owasso, Oklahoma Section 2 -6 and Section 4 -1 Section 2 -6 City Clerk to be Clerical Officer of Council The city clerk shall be elected by the council for an indefinite term; provided, that the council by ordinance may provide that the city treasurer shall be ex- officio city clerk. The City Clerk shall serve as clerical officer of the council. The city clerk shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law. Section 4 -1 Department of Finance: City Treasurer There shall be a department of finance, the head of which shall be the city treasurer. The city manager shall appoint the city treasurer for an indefinite term. Subject to and in accordance with this Charter, applicable law, and such ordinances and other policies as the council may adopt, the city treasurer or personnel under their supervision and control shall collect or receive revenue and other money for the city; shall be responsible for its custody, safekeeping, deposit, and disbursement; shall maintain a general accounting system for the city government; and shall have such other powers and duties consistent with this Charter as may be prescribed by ordinance or applicable law. sd nTheity Wi out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: E 76th Street North and Main Street Intersection Improvements Bid Evaluation DATE: March 10, 2017 BACKGROUND: McClelland Consulting Engineering, Inc. designed the intersection improvements at E 76th Street North and Main Street. The scope of work included adding a fifth lane to the south side of the E 76 St N, so a protected left -turn lane could be created. Other improvements included a complete reconstruction of the E 76 St N and Main Street Intersection from asphalt to concrete, stamped brick crosswalks, landscaping and new underground public infrastructure. In January 2017, the engineering design was complete and ready for bid advertisement. BID ADVERTISEMENT: Advertisement for bids was published on February 1, 2017, and February 8, 2017. In accordance with state law, a mandatory pre -bid meeting was held on February 22, 2017. ANALYSIS OF BIDS: On March 7, 2017, Public Works received and opened three bids for the E 76 St N and Main Street Intersection Improvements. Below are the bids and engineering estimate. ➢ Engineering Estimate- $1,489,263.25 Grade Line Construction - $1,885,583.55 DarisContractors - $2,109,916.95 D Crossland Heavy Construction- $2,141,872.00 Grade Line Construction provided the lowest bid in the amount of $1,885,583.55 which is $396,320.00 more than the engineering estimate. FUNDING: Project would be funded by Vision 2025 and Capital Improvements Fund. PROPOSED ACTION: As result of the bids exceeding the engineering estimate by several hundred thousand dollars, staff will present this item to Council for further discussion at the March 14, 2017, City Council regularly scheduled meeting. ATTACHMENT: Location Map N w C N E d 9 O C. E N C R Z N W u t6 u u t6 W N n E 0 u O N /fin --•�\ N O a C O U a Ol W N J u tV O v v c w `m J m - m 0 c 0 _ v w` L a v a O O. � O r � O ❑ 0 0 M EE O o 0 .59 v n16 m6 � �o O 0 j +. rn R a N V o j m E J my U o N o O nm N H �n J J �a N N w c 3 N ti O M n II o. o `- E v N N (p L W H n sd The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: City Manager Contract and Evaluation Process City Attorney Contract DATE: March 10, 2017 BACKGROUND: In 2003, the City initiated a contract with Greenwood Performance Systems to facilitate the City Manager's annual evaluation process. Since that time, Greenwood Performance Systems has continued to work with the City Council and Directors to conduct an evaluation for the City Manager on an annual basis. The City Manager evaluation consists of: • Anonymous online evaluation completed by Directors. • Online self - evaluation completed by the City Manager. • One -on -one interviews with Directors and City Councilors meeting with Jim and Jeanine Rhea of Greenwood Performance. • Information from the online evaluations and interviews compiled and presented to the City Manager and the City Council by Greenwood Performance. While no action is required for this item, the purpose is to provide an overview of the process and give Council the opportunity to provide feedback and input. TIMELINE: Staff recommends initiating the evaluation process in late March and scheduling an executive session to present the evaluation to the City Council during the May 9 work session. This timeline would provide the City Council with three additional opportunities to place discussion of the City Manager's contract on an agenda prior to June 30. The City Manager's current contract expires June 30, 2017. CITY MANAGER EVALUATION PROCESS: Due to the long- standing trust that has been established between directors and Greenwood Performance, staff recommends continuing the contract with Greenwood Performance for the City Manager's 2016 -17 evaluation. The cost of the annual evaluation is approximately $3,000 and includes the online evaluation, the interviews, and the presentations /discussions with Council. CITY ATTORNEY CONTRACT: The contract between the City and the City Attorney expires June 30, 2018 and will be submitted to the City Council for ratification at the June 6 City Council meeting. Even though the contract with the City Attorney is not up for renewal the Council has the option to request an executive session to discuss performance and review compensation prior to the ratification of the second year of the contract. sd The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Owasso Utility Rate Annual Report DATE: March 10, 2017 The City provides water, sewer, refuse, recycling, and Stormwater management services to residents. Operational deficits for the Stormwater and the Owasso Public Works Authority (OPWA) funds over the past three years necessitated implementing a utility service five -year rate plan in 2016 to address the following: • Depletion of the OPWA and Stormwater fund balances over recent years • Rising operational costs • Funding for necessary capital infrastructure including an upgrade of the wastewater treatment plant. • Oklahoma Water Resources Board (OWRB) debt requirements In conjunction with approval of the five -year rate plan, Council requested City staff perform an annual review of the five -year rate plan to evaluate progress in achieving a balanced budget to comply with City Ordinance and OWRB debt requirements. The report will be provided for discussion at the March 14, 2017, work session. Year -to -Date 3% Sales Tax Totals $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun t Actual - --0- -- Budget --A -Last Year Monthly 3% Sales Tax Comparisons $2,500.000 ••� „- '�- -- ---- - --0 $2,000,000 ---'----- $1,500,000 $1,000,000 - $500,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun t Actual --- - -3 %Budget --A—Last Year Year -to -Date 3% Sales Tax Totals $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun t Actual - --0- -- Budget --A -Last Year City of Owasso Monthly 3% Sales Tax Revenues Last Five Fiscal Years 2016 -2017 2015 -2016 2014 -2015 2013 -2014 2012 -2013 Jul $ 2,108,777 $ 2,073,553 $ 1,865,194 $ 1,704,985 $ 1,630,957 Aug $ 2,014,531 $ 1,973,796 $ 1,820,788 $ 1,678,483 $ 1,521,846 Sep $ 1,963,590 $ 1,978,203 $ 1,832,861 $ 1,617,952 $ 1,518,488 Oct $ 1,965,220 $ 2,011,595 $ 1,896,451 $ 1,677,145 $ 1,560,824 Nov $ 1,968,688 $ 1,851,194 $ 1,808,171 $ 1,612,339 $ 1,447,596 Dec $ 1,922,362 $ 2,166,025 $ 1,862,936 $ 1,748,989 $ 1,605,740 Jan $ 2,277,666 $ 2,228,743 $ 2,125,525 $ 2,073,564 $ 1,792,034 Feb $ 2,141,203 $ 2,246,904 $ 2,004,466 $ 1,990,104 $ 1,817,864 Mar $ 1,804,673 $ 1,762,488 $ 1,780,454 $ 1,544,058 $ 1,500,014 Apr $ - $ 2,044,284 $ 1,781,713 $ 1,696,815 $ 1,499,708 May $ - $ 2,041,458 $ 1,950,586 $ 1,813,883 $ 1,629,482 Jun $ - $ 1,936,362 $ 1,998,314 $ 1,864,533 $ 1,643,878 $ 18,166,711 $ 24,314,606 $ 22,727,460 $_ 21,022,850 $ 19,168,431 Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available. City of Owasso 3% Sales Tax Report Budget to Actual Comparison March 9. 2017 Apr May Jun Totals $ 18,166,711 72.6% $ 18,827,903 75.2% $ (661,192) -3.5% Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available 2016 -17 2016 -17 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 2,108,777 8.4% $ 2,093,447 8.4% $ 15,330 0.7% Aug 2,014,531 8.0% 2,016,825 8.1% (2,294) -0.1% Sep 1,963,590 7.8% 2,025,584 8.1% (61,994) -31% Oct 1,965,220 7.8% 2,077,130 8.3% (111,910) -5.4% Nov 1,968,688 7.9% 1,944,956 7.8% 23,732 1.2% Dec 1,922,362 7.7% 2,141,396 8.6% (219,034) -10.2% Jan 2,277,666 9.1% 2,314,298 9.2% (36,632) -1.6% Feb 2,141,203 8.6% 2,299,354 9.2% (158,151) -6.9% Mar 1,804,673 7.2% 1,914,913 7.6% (110,240) -5.8% Apr May Jun Totals $ 18,166,711 72.6% $ 18,827,903 75.2% $ (661,192) -3.5% Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available City of Owasso 3% Sales Tax Report Two Year Comparison March 9, 2017 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 2016 -17 2015 -16 Percent Amount of Budget Percent $ 2,108,777 8.4% 2,014, 531 8.0 % 1,963,590 7.8% 1,965,220 7.8% 1,968,688 7.9% 1,922,362 7.7% 2,277,666 9.1% 2,141,203 8.6% 1,804,673 7.2% 2015 -16 Increase or (Decrease) Percent Amount of Actual Amount Percent $ 2,073,553 8.5% $ 35,224 1.7% 1,973,796 8.1% 40,735 2.1% 1,978,203 8.1% (14,613) -0.7% 2,011,595 8.3% (46,376) -2.3% 1,851,194 7.6% 117,494 6.3% 2,166,025 8.9% (243,663) -11.2% 2,228,743 9.2% 48,923 2.2% 2,246,904 9.2% (105,701) -4.7% 1,762,488 7.2% 42,185 2.4 % $ 18,166,711 72.6% $ 18,292,502 75.2% $ (125,791) -0.7% Note: Fiscal Year 2017 Sales Tax Budget is $25.035 million; FY'16 actual was $24.315 million. City of Owasso Half -Penny Sales Tax Report Budget to Actual Comparison March 9, 2017 2016 -17 2016 -17 Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny collections for current month not yet available. Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 349,234 8.9% $ 348,908 8.9% $ 326 0.1% Aug 336,391 8.6% 336,138 8.6% 254 0.1% Sep 327,065 8.4% 337,597 8.6% (10,532) -3.1% Oct 327,329 8.4% 346,188 8.8% (18,860) -5.4% Nov 328,087 8.4% 324,159 8.3% 3,927 1.2% Dec 320,386 8.2% 356,899 9.1% (36,514) -10.2% Jan 379,596 9.7% 385,716 9.6% (6,120) -1.6% Feb 356,832 9.1% 383,226 9.8% (26,393) -6.9% Mar 300,779 7.7% 319,152 8.1% (18,373) -5.8% Apr May Jun Totals $ 3,025,699 77.3% $ 3,137,984 80.1% -3.6% $ (112,285) Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny collections for current month not yet available. City of Owasso Vision Sales Tax Report Budget to Actual Comparison March 9, 2017 2016 -17 Actual Collections Amount Percent 2016 -17 Budget Projections Over (Under) Projection Amount Percent Amount Percent Jul $ - 0.0% 0.0% $ - Aug - 0.0% 0.0% - Sep - 0.0% 0.0% - Oct - 0.0% 0.0% - Nov - 0.0% 0.0% - Dec - 0.0% 0.0% - Jan - 0.0% 0.0% - Feb - 0.0% 0.0% - Mar 330,857 8.4% 358,922 9.2% (28,065) -7.8% Apr May Jun Totals $ 330,857 8.4% $ 358,922 9.2% _1______(28,065 -7.8% Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny collections for current month not yet available City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years Actual 2016 -2017 2015 -2016 2014 -2015 2013 -2014 2012 -2013 2011 -2012 Jul $ 82,565 $ 72,360 $ 50,298 $ 78,705 $ 33,565 $ 41,491 Aug 86,552 96,428 56,646 105,903 33,983 52,650 Sep 87,371 122,962 61,204 69,079 47,609 53,051 Oct 86,713 106,846 86,146 103,683 59,327 48,435 Nov 80,855 91,876 89,434 64,434 50,722 43,504 Dec 84,107 113,941 89,482 86,424 48,320 52,052 Jan 127,549 86,358 65,206 57,183 60,594 47,738 Feb 106,593 102,681 110,645 75,454 78,302 55,671 Mar ** 99,853 61,748 87,044 50,121 57,199 44,140 Apr 78,834 56,776 55,507 30,577 29,497 May 92,867 75,895 63,674 51,094 55,835 Jun* 96,434 98,093 42,884 75,139 41,989 $ 842,159 $ 1,123,335 $ 926,869 $ 853,050 $ 626,431 $ 566,050 * *Increase in sales tax rate from 3.5% to 4.05% March 2017 *Increase in sales tax rate from 3% to 3.5% June 2015