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HomeMy WebLinkAbout2018.08.14_Worksession AgendaThis meeting Is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055, Regular Meeting Tuesday, August 14, 2018 - 6:00 pm 1. Call Order Mayor /Chair Chris Kelley 2. Discussion relating to Mobile Food Vendor Ordinance and Fee Resolution Bronce Stephenson 3. Discussion relating to an agreement with Grand Gateway Economic Development Authority for Pelivan Transit Lary Langford /Josh Quigley 4. Discussion relating to City Attorney items Julie Lombardi • Beneficial Interest Amendment to the Regional Municipal Utility Authority (RMUA) Trust Indenture • Potential City participation in Federal Opioid Litigation 5. Discussion relating to City Manager items Warren Lehr • Monthly sales tax report • City Manager report 6. City Councilor/Trustee comments and inquiries 7. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, August 10, 2018. Julidn`n M. Stevens, City Clerk — I The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cifyofowasso.com REAL People -REALC attar -REAL COTTUp1(y TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Amendment to Part 9, Chapter 3, Mobile Food Vendors Owasso Code of Ordinances DATE: August 10, 2018 .119:[4 Over the last several months, staff has been going through the process of updating Part 9, Chapter 3 of the Code of Ordinances. This chapter sets requirements for mobile food vendors in Owasso. In the last few years, the popularity of food trucks has increased, leading to a significant increase in the number of mobile food vendor permits issued on a yearly basis by the City Clerk. The adoption of the new Owasso Zoning Code introduced the Temporary Use Permit (TUP) that would, under certain circumstances, apply to some mobile food vendors. It was determined by staff that it was necessary to rewrite this Chapter of the Code of Ordinances so as to clarify and streamline the mobile food vendor permitting process. PROPOSED ACTION: Staff is proposing several changes to this chapter. First, the definitions of mobile food vendors have been updated to better reflect the types of mobile food vendors that are most often seen in Owasso, creating three (3) classifications of mobile food vendors that must acquire a Mobile Food Vendor Permit from the City Clerk's office. One classification of mobile food vendors in Owasso would encompass all food trucks, trailers or carts. These are food vendors that operate from a vehicle, trailer, or cart that is designed and equipped to prepare and serve open food products. A second group of mobile food vendors that would be regulated under this chapter would be pre - packaged food vendors that only sell commercially manufactured, pre - packaged products. Ice cream trucks would be included in this group. The final classification would be for stationary food vendors. Stationary food vendors are those, of any type, that stay in one (1) location for longer than seventy -two (72) hours. All stationary food vendors would be required to get a Temporary Use Permit (TUP) from the Community Development Department. Another significant change is that background checks would only apply to those mobile food vendors who intend to operate in residential neighborhoods, such as ice cream trucks. Also, the proposed fee for a permit has been reduced to fifty dollars ($50) for all types of mobile food vendors, not requiring a temporary use permit. Many of the permitting requirements for Mobile Food Vendors currently in place, such as valid proof of all State and County health department licenses as well as State Sales Tax Permit information, would remain in effect. ATTACHMENTS: Draft Ordinance Amending Part 9, Chapter 3, Mobile Food Vendor Draft Resolution setting fees Licensing and Business Regulations PART 9 LICENSING AND BUSINESS REGULATIONS CHAPTER 3 MOBILE FOOD VENDORS Section 9 -301 Definitions Section 9 -302 Issuance Section 9 -303 1 ieeasePermit and Approval from Property Owner and Board of Adjustment Required Section 9 -304 Application Required Section 9 -305 Display of I isensePermit Section 9 -306 LiGeasePermit Record Section 9 -307 LiG19RsePermit Period and Fee Schedule Section 9 -308 Transfer of I ieAnWermit Prohibited Section 9 -309 Replacement of Lost I ieensePermit Section 9 -310 Grounds for Denial or Revocation of I ieeasePermif Section 9 -311 Process of Revocation or Denial of I kaeasePermit and Appeal Section 9 -312 Penalty SECTION 9 -301 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1. Permit: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Food Truck/Trailer Mobile Food Vendor: A Mobile Food Vendor operatina from a vehicle, trailer, or cart that is designed and eauioned to Prepare, cook, and serve open food products. Typically moves to different locations daily and operates in non - residential areas. Does not stay in one (1) location longer than seventy -two 72 hours. 3. Pre - Packaged Mobile Food Vendor: A Mobile Food Vendor ooeratina from vehicle or trailer that is limited to the sale of commercially manufactured Pre - Packaged products or products that are Prepared and packaged at a Permitd food service establishment. These vendors tvoically travel into residential areas. Does not stay in one ( 1) location longer than seventy -two (72) hours. 4. Stationary Food Vendor: A non - permanent Mobile Food Vendor servina in one location for a temporary period of time. Can be a truck, trailer, or cart. Stationary Food Vendors stay in one location (1) for longer than seventy -two (72) hours and therefore must obtain a Temoorary Use Permit (TUP) from the Community Develooment Department. Page 9 -1 Licensing and Business Regulations 2. P- II ;PpAep :._h;le fo-e i . nder: e , oti;r-io nrfrGiierGleSigRed GIRGI 8GIYiPpeGI tG Permit fond ;t;wi�e SECTION 9-302 ISSUANCE A. The issuance of all ermits4G9n&9s, collection of all ep rmitliGePA49 -fees, and the enforcement of permit conditions and revocation of permit shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular 4Ge44se ep 7mlt. B. No BGease ermit for Food TrucklTrailer Mobile Food Vendors shall be -nG issued until a satisfactory application has been submitted and approved, the required UGense ea rmit fee has been paid to the City of Owasso and all other conditions and requirements under this section have been satisfied_ SECTION 9- 303UGENuUPERMIT AND A.PPROVAI FROM PROPPR4 O NFR AND RMARD OF A "ISSTAA €NT REQUIREDGENERAL REQUIREMENTS A. liGeasePermit Permit the Qty T D. Mobile Food Vendors shall not remain in any location for more than seventy -two (721 hours. Mobile Food Vendors that remain in a location for more than seventy -two (721 hours shall be considered Stationary Food Vendors and shall follow the reaulations contained in this chapter. E. No Mobile Food Vendor/ shall park their vehicle or eauioment on any City street while selling, or offering to sell, any product. Vendors participating in any City of Owasso events or approved Special Events shall not be subiect to this requirement. F. Any Mobile Food Vendor shall require written approval from the Owasso City Manager before locating in any City of Owasso parks or upon any City of Owasso property. Vendors participating in any City of Owasso events or approved Special Events shall not be required to obtain City Manager approval. B. It shall be unlawful for any mobile food vendor to locate their vehicle or equipment upon, or otherwise sell their products from, any property without obtaining permission from the owner of that property. Page 9 -2 Licensing and Business Regulations A. All sales within Owasso City Limits shall be reported to the Oklahoma Tax Commission as Owasso sales. B. Mobile Food /Stationary Food Vendors shall be subiect to City of Owasso Noise and Nuisance Ordinances. C. All Mobile Food /Stationary Food Vendors shall stay at least three hundred (300) feet from any Food Service Establishment unless part of a Special Event or permission from the property owner is obtained. D No person associated with a food vending operation shall distribute deposit place throw or cast any commercial handbill. E. Mobile Food /Stationary Food Vendors shall not have a drive -thru window. F No banners flags snipe sign feather flaas or other illegal signage shall be allowed G. No parking in or blocking a Fire Lane. H. Allowable hours of operation are 7:00 AM to 10:00 PM. I. A clearly designated waste container shall be provided for customers. I Public roads, sidewalks, alleys or other public ways shall not be blocked. K. No Food Vendor shall leave or permit to be left, any fat, oil, grease, refuse or other discarded obiects and shall follow City of Owasso Ordinances in relation to Fats. Oils or Grease. L. Food Vendors shall not create any traffic, nuisance or other public safety issues. M. Pre - Packaged Mobile Food Vendors traveling into residential areas are subiect to background screenings for all operators. SECTION 9 -304 APPLICATION REQUIRED Applicants for any mobile food vending lisease ep rmit must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: Name and current address of the individual, business, or organization, to include phone and email contact information: 2. Valid and current driver's Permit or State - issued identification card of vendor: 3. Vehicle information relating to vehicles used in the vending, to include make. model. ear, tag number Page 9 -3 Licensing and Business Regulations 4. Valid and current State Sales Tax Permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code: 5. Valid County and /or State health department licensing information; and � -- 7. Sapy 'Gf thE? GGR#GGf, Ie.S9, G9Fe8 _.. AU frAM CAVRW Gf PFGPerlty SECTION 91305 DISPLAY OF UCi4 €PERMIT All mobile food vendors issued a IiEensepermit under this section shall plainly display the lisensepermit on the mobile food vending vehicle or equipment where it may be readily seen by any City official, law enforcement officer or other regulatory official, and by any person or customer approaching the vendor's vehicle or mobile food vending equipment. SECTION 9- 306UCENUPERMIT- PERMIT RECORD The City Clerk shall maintain a record of all mobile food vending lieense-permits issued under this section showing the date of the issuance, the person to whom the 4Gensepermlt was issued, the time period covered by the IiseasePermit ep rmlt. SECTION 9- 307UCENSEPERMITpeo400 nnln H-9 QGHEDlll EPERMIT FEES Fees related to pMobil Food /Stationary Food Vendor permits shall be established by Resolution of the City Council. Permit ;. Full g k4oble Cned \ /Andors, One LJ,,...lred Fiff., n..11..rs l�nnn hir=lle. per F ' IT SECTION 9 -308 TRANSFER OF l l�GENSnlcPERMIT- PROHIBITED Page 9-4 Licensing and Business Regulations No mobile food vending IieeRSe o rmit emay be sold or otherwise transferred SECTION 9 -309 REPLACEMENT OF LOST UCENUPERMITPERMIT Whenever an original lieeRsepermit has been lost or destroyed, the City Clerk shall issue a duplicate fieeRSePermit. The ,-fee for issuance of a duplicate permit shall be set by Resolution of the City Council. lie-eRSQ SECTION 9 -310 GROUNDS FOR DENIAL OR REVOCATION OF UCENSEPERMIT Applications and lleease ermits for mobile food vending may be denied or revoked by4he -94 L lerlFfor any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for permit ar in the course of business: liG9RSe; 2. PPGIUGI, rnisrepreseRtGitieini, . false statArAent mode iR the + 3.2. Conducting the business of mobile food vending in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace, danger or hazard to the health, safety, or general welfare of the public. 43. Revocation, suspension or failure to renew necessary state and county health department 1leeRSe or Oklahoma Tax Commission permit. 5. Conviction of any violent felony within the past Sever ten (F) years. SECTION 9 -311 PROCESS OF REVOCATION OR DENIAL OF 6lC€1,SEPERMIT- PERMIT AND APPEAL Permitd eeG6jPa#leR eF iR the event -h IiG9 °Permit° eperates ^h I"^° °Permit A. The City Clerk's office shall either give written notice by personal service or by mail to the IlGease-operator of the denial or revocation of the llse+ase ermit. The notice, if mailed, shall be mailed to the address listed on the application GF Iieense. B. The lieeRSe ep rmit shall stand revoked or denied from the date the notice is delivered by personal service or received by the liGRMA by mail. C. The ownerA licensee may appeal a denial or revocation to the City Manager within ten (10) days of receipt of the notice by filing a written request with the City Clerk for a hearing. D. The hearing shall be conducted by the City Manager. The appealing lipeme may be represented by counsel. E. The hearing shall be conducted in an informal manner, but no liEeRSePermit shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or suspension, and his decision shall be final. SECTION 9 -312 PENALTY Any person who engages in mobile food vending without a valid IiEeasePermit-Gr-permit as required, or who violates any provision of this section, is guilty of an offense and upon conviction shall be fined, including costs. Each day upon which a violation continues to occur shall be deemed a separate offense. (Ord. No. 990, 6/21 /11) Page 9 -5 CITY OF OWASSO, OKLAHOMA RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING RATES, FEES AND CHARGES FOR MOBILE FOOD VENDORS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Council of the City of Owasso desires to establish following rates and fees for mobile food vendors operating in the corporate limits of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE: From and after the effective date of this Resolution, the following rates and fees are established for mobile food vendors: Food Truck /Trailer Food Vendor Per, `vehicle /trailer /cart °$50,00 Annual Fee Pre - packaged Mobile Food Vendor Per vehicle /trailer /cart $50:00 Annual Fee Stationary Mobile Food Vendor Per vehicle /trailer /'cart $500 00 Annual Fee Tem ora /wse Permit Replacement of Lost Permit Per duplicate "' $5.00 Background Check - Food Vendors '.Per traveling in residential areas Person $10.00 SECTION TWO: Provisions of this Resolution shdll�become effective Octoberli, 2018."` this day of , 2018 Chris Kelley, Mayor MAN APPROVED AS TO FORM.;" " Julie Lombardi, City Attorney sd CAMP..&-REALC attar -REAL Community TO: Honorable Mayor and City Council FROM: Josh Quigley Manager of the Owasso Community Center SUBJECT: Pelivan Transit Agreement Renewal DATE: August 10, 2018 BACKGROUND: Pelivan Transit is a demand - response transportation service operated by the Grand Gateway Economic Development Association. Pelivan Transit is a non - profit organization, operating primarily on funding from government and corporate entities, including federal and state grants. Pelivan Transit focuses on providing transportation to individuals who do not consistently have a private means of transportation. Now in its tenth year of operation in Owasso, the program appears to have developed a stable and growing customer base. Demand has increased each year since the program inception. Pelivan Transit began its Owasso operations in December 2007, following City Council action to approve a one -year agreement for transportation services between the City of Owasso and Grand Gateway in the amount of $41,975. Following a surge in the price of fuel, the city's contribution increased in the second year of operation to $49,393. The city's contribution remained the same for the third and fourth year of operation as Grand Gateway continued to receive additional state and federal grant funding. The FY 2013 request was $49,393 and the requests for FY 2014 through FY 2018 were $51,000. For FY 2019, Pelivan is requesting $51,000 from the City of Owasso to cover the local match, 19% of the total operating budget for Pelivan. These funds were included in the City's annual budget. Attached is a contract and information sheet for Owasso's Pelivan Services. REQUESTED ACTION: A Purchase of Service Agreement for transportation services in the amount of $51,000 has been submitted by Grand Gateway Economic Development Association (Pelivan Transit) for City Council consideration. ATTACHMENTS: Pelivan Purchase of Service Agreement (918) 783.5793 rand Gateway Fax: (918) 783.5786 Economic Development Association Warren Lehr, City Manager City of Owasso P.O. Box 180 Owasso, OK. 74055 Dear Mr. Lehr: April 25, 2018 This is to notify you in writing that Grand Gateway E.D.A. /Pelivan Transit is requesting budget funding for FY -2019 for demand response public transportation for the City of Owasso. Attached is a detailed FY -2018 budget report for your review. Listed below is the ridership data for the City of Owasso for the Monday through Friday demand - response transportation services: Demand Response FY -11 FY -12 FY -13 FY -14 FY -15 FY -16 FY -17 Passenger Trips 8,991 10,010 12,363 10,247 10,199 11,583 11,208 Elderly Trips 4,797 4,827 4,679 51616 6,138 3,395 7,330 Disabled Trips 3,562 4,221 5,019 5,248 4,209 1,597 4,372 Revenue Miles 64,835 71,064 172,248 We are requesting $51,000 for required local match funding for the support of Capital, Administration and Operational costs of a three (3) vehicle operation for the City of Owasso for FY -2019. The total budget for FY -2019 will be $265,550 and the requested local match from the City of Owasso is 19% of this amount. We have secured $240,550 through federal, state and other local grants for this valuable service. Pelivan Transit being proactive in the involvement of City of Owasso's CNG fueling infrastructure will have two vehicle in the City of Owasso fleet that are CNG, the fuel savings these CNG vehicle has provided has afforded us the ability to keep the local match request to the City of Owasso stable without an increase for FY -2019. However, rides have increased in Owasso and we certainly could add another driver but the cost would increase. Please let us know if you are interested in discussing this possibility. We have not requested any local match for vehicle procurement since the inception of this service to Owasso began. Our only concern continues to be the growing demand and popularity of this successful program for the citizens of Owasso. It would be easy to operate a four vehicle service and extend hours daily and offer weekend transit services as well. If the City of Owasso decides to expand these services then let us know and we will prepare a budget estimate for additional services for future planning needs. Pelivan /Owasso LOR Page 2 04/16/2018 I am available to clarify any budget information and can certainly attend any meetings, if needed. If the requested amount is granted, then please execute the enclosed copies of the Purchase of Service Agreement and return to us for Ed's signature. We will return a completed contract for your files. If there are any changes, then please contact me for the adjustments accordingly. It is a pleasure to serve the Owasso area residents in their transportation needs. Sincerely, wc Kendra McGeady, Pelivan Transit Director P 0 Drawer B • 333 South Oak Street • Big Cabin, Oklahoma 74332 (918) 783-5793 ONeivay Car: (918) 783.5786 Economic Devc(opment ASsarlatlOn Purchase of Service Agreement This letter establishes an Agreement made and entered into on the day of , 2018, between The City of Owasso and Grand Gateway Economic Development Association/PELIVAN TRANSIT regarding financial assistance to the Association for the operation of a demand- response Public Transportation System operated by Pelivan Transit for FY -2019. Whereas, the City of Owasso and area business leaders have identified certain community needs and set certain goals for the economic development of the community. Whereas, there is a need to implement programs for the City of Owasso to meet a need to provide services to attract and serve the elderly and retirees in order to become a more desirable retirement community, as well as providing a much needed service to all citizens of the community. Whereas, the Grand Gateway Economic Development Association is operating a Transportation Program established under the Oklahoma Department of Transportation Section 5311 Transportation Program which will provide public transportation for the citizens of Owasso and has requested the City to assist in financing this program. Whereas, the City of Owasso will provide $51,000 to the Association for Grand Gateway's service in providing public transportation to the citizens of Owasso, Oklahoma. Payments may be rendered in ten (10) monthly payments of $5,100 or a lump sum payment payable to Grand Gateway E.D.A. /Pelivan Transit, P. O. Drawer B, Big Cabin, OK 74332. Grand Gateway/Pelivan Transit will provide ridership totals for the previous month based on actual ridership with each monthly billing. Whereas, Grand Gateway's Pelivan Transit will assign three (3) vehicles with drivers, and one (1) dispatcher for the City of Owasso for the transportation needs of the citizens of Owasso and the surrounding area commencing October 1, 2018 through September 30, 2019 (FY -2019) to operate the demand - response city /rural /variable distance routes from 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of Holiday's as listed below: New Year's Day Labor Day Martin Luther King, Jr. /Presidents' Day Veteran's Day Memorial Day Thanksgiving Day (Two days) Independence Day Christmas Day (Two days) Safety Training Day FEDERAUSTATE ASSISTANCE: The Pelivan Transit, CONTRACTOR and the City of Owasso are particularly advised that the execution and continuance of the AGREEMENT is contingent upon receipt of financial assistance from the Federal and State levels. This AGREEMENT will terminate if the Federal funding is discontinued. The State assumes no responsibility to fund this program if there is a failure of Federal Funding. CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the period indicated above and is subject to early renewal by the governing body of the City of Owasso. INSURANCE: Grand Gateway Economic Development Association, d/b /a Pelivan Transit, shall maintain liability insurance on all vehicles covered by this AGREEMENT with limits of liability in the amount of Five Million and no /100 dollars ($5,000,000.) for any number of claims arising out of a single occurrence or accident, and shall provide proof of coverage to the City of Owasso when requested. Whereas, the terms of this Letter of Agreement may be changed only through mutual agreement by both parties. Edward o rr Grand Gateway E. P.O.Drawer B Big Cabin, OK. 74332 Notary: Warren Lehr, City Manager City of Owasso P. O. Box 180 Owasso, OK 74055 Notary: Signed before me this Signed before me this day of , 2018 day of 2018 Kendra McGeady, Pelivan Transit Director 918.244.7704 5311 Projects FY 2019 OWASSO PELIVAN SUMMARY OF CITIES Actual Rides 11,208 FY -19 Pass % 6% Esti $0.00 CAPITAL miles 172,248 Mileage % 17% ADMINISTRATION Director Salary $8,500.00 Administrative Salaries $5,500.00 Bookkeeper Salaries $2,500.00 Fringe,total 62% $8,800.00 Audit (Transit) $0.00 Legal Service $0.00 Travel, Administrative $2,100.00 Advertising $1,000.00 Subscriptions /Membership Fee $1,000.00 Training Program $1,000.00 Office furnishings $0.00 Indirect Cost 30% $7,500.00 Drug Testing $0.00 TOTAL $37,900.00 Federal 80% $30,320.00 Local 20% $7,580.00 OPERATIONAL Route Supr. Salaries $4,500.00 Dispatcher Salary $10,500.00 Operations Clerk $5,100.00 Drivers Salary $33,000.00 Maint Mgr /Mechanic $4,200.00 Mechanic Salary $3,000.00 Fringe, total 60% $30,000.00 Travel, operational $1,200.00 Vehicle Insurance $28,000.00 Insurance, other $0.00 Office /Garage Space $0.00 Supplies $0.00 Telephone $5,500.00 Utilities $0.00 Printing $0.00 Postage $0.00 Interest Expense $0.00 Fuel $2.00 CNG & $3.75 Unleaded $9,000.00 Vehicle Maintenance, repairs $8,400.00 Building Maintenance, repairs $0.00 Equipment Maintenace, repairs $0.00 Indirect Cost 30% $32,000.00 Fees & Licensing $2,500.00 Transportation Service Agreements $0.00 Vehicle Service Agreement $0.00 Equipment Service Agreement $0.00 Miscellaneous $1,100.00 SUB -TOTAL OPERATIONAL $178,000.00 Less Fare Box Revenue $12,490.00 Less Fare Box Revenue CN DR $0.00 NET TOTAL OPERATIONAL $165,510.00 Federal 50.00% $82,755.00 Local 50.00% $82,755.00 100% GRAND TOTAL $203,410.00 Fed. Share $113,075.00 Local Share $90,335.00 City Subsidy Fy -19 $51,000.00 City Subsidy FY -18 $0.00 St. Revolv $37,136.00 Misc Contracts $1,780.00 INCOG 5310 $0.00 DHS -Tani Craig $0.00 DHS -Tanf Delaware $0.00 DHS -Tanf Mayes $0.00 DHS -Tanf Ottawa $0.00 INCOG - New Freedom $0.00 INCOG - JARC $0.00 Tribal Grants /Fares $0.00 Donations /Other Grants $0.00 Advertising $0.00 TOTAL Local Match $89,916.00 %Total L.M. Met 100% Difference $0.00 Contract FY -18 $51,000.00 City Request FY -19 $51,000.00 City Funded FY -19 Cost per passenger FY -19 $22.15 Cost per mile FY -19 $3.61 sd C94 L, ader -REAL Community TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Beneficial Interest Amendment to the Regional Municipal Utility Authority (RMUA) Trust Indenture DATE: August 10, 2018 BACKGROUND: On April 25, 2018, a Third Amendment to the Declaration of Trust of the Regional Metropolitan Utility Authority was approved by the RMUA. The amendment changed the requirement that each city's mayor and city manager attend meetings as representatives of the city. Now, the city manager, or his or her designees, shall serve as the representatives of each city. Each of the beneficiary cities to the RMUA is now required to accept this amendment through approval of a resolution, PROPOSED ACTION: Staff intends to recommend that the City Council approve a resolution accepting the amendment. This item will be placed on the Consent Agenda for the August 28th meeting if there is no objection by the Council. Monthly 3% Sales Tax Comparisons $2,500,000 $2,000,000 . ..... .........q...__ $1,500,000 $1,000,000 _.. -- ------- $500,000- $- Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2019 - --0 - -- 3% Budget --e— 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 —m- -Actual - --0- -- Budget —e— Last Year City of Owasso Monthly 3% Sales Tax Revenues Last Five Fiscal Years 2018 -2019 2017 -2018 2016 -2017 2015 -2016 2014 -2015 Jul $ 2,218,397 $ 2,117,865 $ 2,108,777 $ 2,073,553 $ 1,865,194 Aug 2,163,158 2,100,696 2,014,531 1,973,796 1,820,788 Sep - 1,988,923 1,963,590 1,978,203 1,832,861 Oct - 1,977,596 1,965,220 2,011,595 1,896,451 Nov - 2,045,597 1,968,688 1,851,194 1,808,171 Dec - 2,029,790 1,922,362 2,166,025 1,662,936 Jan - 2,322,114 2,277,666 2,228,743 2,125,525 Feb - 2,287,864 2,141,203 2,246,904 2,004,466 Mar - 1,854,816 1,806,429 1,762,488 1,780,454 Apr - 1,940,624 1,898,005 2,044,284 1,781,713 May - 2,170,541 2,090,858 2,041,458 1,950,586 Jun - 2,009,593 2,010,575 1,936,362 1,998,314 $ 4,381,554 $ 24,846,020 $ 24,167,905 $ 24,314,606 $ 22,727,460 Note: Estimated current month collections, Actual breakdown by fund not yet available 0 City of Owasso 3% Sales Tax Report Budget to Actual Comparison August 9, 2018 2018 -19 2018 -19 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 2,218,397 8.8% $ 2,168,641 8.6% $ 49,756 2.3% Aug 2,163,158 8.6% 2,095,951 8.3% 67,206 3.2% Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals $ 4,381,554 17.4% $ 4,264,592 16.9% $ 116,962 2.7% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso 3% Sales Tax Report Two Year Comparison August 9, 2018 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2018 -19" Percent Amount of Budget $ 2,218,397 8.8% 2,163,158 8.6% 2017 -18 Increase or (Decrease) Amount Percent $ 100,532 4.7% 62,461 3.0% Totals $ 4,381,554 17.4% $ 4,218,561 17.0% $ 162,993 3.9% 'Estimated current month collections. Actual breakdown by fund not yet available. Note: Fiscal Year 2019 Sales Tax Budget is $25.241 million; FYI 8 actual was $24.849 million. Percent Amount of Actual $ 2,117,865 8.5% $ 2,100,696 8.5% Increase or (Decrease) Amount Percent $ 100,532 4.7% 62,461 3.0% Totals $ 4,381,554 17.4% $ 4,218,561 17.0% $ 162,993 3.9% 'Estimated current month collections. Actual breakdown by fund not yet available. Note: Fiscal Year 2019 Sales Tax Budget is $25.241 million; FYI 8 actual was $24.849 million. City of Owasso Half -Penny Sales Tax Report Budget to Actual Comparison August 9, 2018 2018 -19 Actual Collections Amount Percent Jul $ 370,162 8.8% Aug $ 360,526 8.6% Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2018 -19 Budget Projections Over (Under) Protection Amount Percent Amount Percent 361,440 8.6% $ 8,722 2.4% 349,325 8.3% 11,201 3.2% Totals $ 730,688 17.4% $ 710,765 16.9% $ 19,923 2.8% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso Vision Sales Tax Report Budget to Actual Comparison August 9, 2018 2018 -19 Actual Collections Amount Percent Jul $ 406,989 8.8% Aug 396,579 8.6% Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2018 -19 Budget Projections Over (Under) Projection Amount Percent Amount Percent $ 397,584 8.6% $ 9,405 2.4% 384,258 8.3% 12,321 3.2% Totals $ 803,568 17.4% $ 781,B42 16.9% $ 21,725 2.8% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2018 -2019 2017 -2018 2016 -2017 2015 -2016 2014 -2015 Jul $ 107,929 $ 131,532 $ 82,565 $ 72,360 $ 50,298 Aug 134,957 115,912 86,552 96,428 56,646 Sep 126,135 87,371 122,962 61,204 Oct 146,402 86,713 106,846 86,146 Nov 139,772 80,855 91,876 89,434 Dec 128,876 84,107 113,941 89,482 Jan 205,110 127,549 86,358 65,206 Feb 166,541 106,593 102,681 110,645 Mar* 134,603 99,853 61,748 87,044 Apr 112,614 101,930 78,834 56,776 May** 119,189 123,116 92,867 75,895 Jun * ** 137,552 114,846 96,434 98,093 $ 242,886 $1,664,238 $1,182,051__$ 1,123,335 $ 926,869 *Increase in sales tax rate from 3.5% to 4.05% March 2017 * *Increase in sales tax revenue from taxation of internet sales beginning May 2017 ** *Increase in sales tax rate from 3% to 3.5% June 2015 Note; Fiscal Year 2019 Use Tax Budget is $1.689 million.