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2019.01.08_Worksession Agenda
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 RECEIVED 1. Call to Order and Roll Call Tuesday, January 8, 2019 - 6:00 pm JAN 0 4 2019 Mayor /Chair Chris Kelley City Clerk's Office 2. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve City Council claims dated January 2, 2019, and January 8, 2019 B. Approve Owasso Public Works Authority Claims dated January 2, 2019, and January 8, 2019 C. Approve Owasso Public Golf Authority Claims dated January 2, 2019, and January 8, 2019 3. Discussion relating to Community Development Items Brian Dempster A. Request for de- annexation (OA 18 -05), 160 acres located on the northeast corner of East 1061h Street North and North Memorial Drive and 132 acres located on south of East 106th Street North and west of the railroad tracks B. Request for annexation (OA 18 -06), 1.68 acres located at 12429 North 135th East Avenue C. Request for annexation (OA 18 -07), 7.05 acres located near the northeast corner of East 1 161h Street North and North 145th East Avenue D. Request for special use permit (SUP 18 -01), Jim Glover Auto Family located in the 10500 block of the East US 169 Service Road 4. Discussion relating to Part 3, Alcoholic Beverages, Taxation, and Regulation of the Owasso Code of Ordinances Julie Lombardi 5. Discussion relating to the Development and Financing Agreement with BROGRAN, LLC for Tax Increment Financing, Owasso Redbud District, Increment District No. 1, Development Project Assistance, amending Section 5.05, Construction Schedule, for the project known as Mowery Lofts and Retail Chelsea Levo Feary 6. Discussion relating to the FY 2022 Federal Highway Administration Surface Transportation Grant Program for the East 86th Street North Rehabilitation Project from North 118th East Avenue to North 128th East Avenue Dwayne Henderson Owasso City Council, OPWA & OPGA January 8, 2019 Page 2 7. Discussion relating to City /Authority Manager items Warren Lehr • Tulsa Regional Chamber 2019 OneVoice Legislative Agenda • Sanitary Sewer Line Cleaning and Maintenance Program • Fire Room Thermal Lining System for the Owasso Public Safety Operations and Training Complex (Fire Station 4) • Monthly sales tax report • City Manager report 8. City Councilor/Trustee comments and inquiries 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, January 4, 2019. Vl , ann M. Steve s, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a dlsobility, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918. 376 -1502 or by email to istevens@citvofowosso.com Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK AMAZON- SUPPLIES $418.52 JPMORGAN CHASE BANK GALLS - UNIFORMS $171.93 JPMORGAN CHASE BANK HARBOR FRGHT -TOOLS $285.81 JPMORGAN CHASE BANK LOWES -TOOLS $214.76 JPMORGAN CHASE BANK MED VET - SUPPLIES $29.95 JPMORGAN CHASE BANK SEW IT- UNIFORMS $10.35 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $27.35 JPMORGAN CHASE BANK WALMART - SUPPLIES $86.88 JPMORGAN CHASE BANK WATERSTONE- CLEANING $35.80 GEN ANIMAL CONTROL -Total $1,281.35 SPOK, INC. PAGER USE $8,91 GEN CEMETERY -Total $8,91 JPMORGAN CHASE BANK BLIP - ADVERT $26.35 JPMORGAN CHASE BANK FACESOOK- ADVERT $13.91 JPMORGAN CHASE BANK WALMART- SUPPLIES $6.25 GEN COMM CTR DONATIONS -Total $46.51 JPMORGAN CHASE BANK AMAZON- SUPPLIES $113.82 JPMORGAN CHASE BANK COX -WIFI $69.00 JPMORGAN CHASE BANK PEACH &STELLA - SERVICE $300.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK SAMS -PAPER $135.92 GEN COMMUNITY CENTER -Total $713.74 TULSA COUNTY CLERK FILING FEE $91.00 GEN COMMUNITY DEVELOPMENT -Total $91.00 JPMORGAN CHASE BANK TULSA AIRPORT - PARKING $100.00 GEN ECONOMIC DEV -Total $100.00 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $53.98 JPMORGAN CHASE BANK AMERICAN WASTE- RENTAL $89.78 TULSA COUNTY CLERK FILING FEE $111.00 GEN GENERAL GOVERNMENT -Total $254.76 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $185.30 GEN HR - CHAR INITIATIVE -Total $185.30 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION $13.64 JPMORGAN CHASE BANK EMPLOYEE DEVELOPMENT $14.98 JPMORGAN CHASE BANK ICIMS- ONLINE APPLICAT $300.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $52.68 JPMORGAN CHASE BANK OK SAFETY- TRAINING $139.00 GEN HUMAN RESOURCES -Total $520.30 JPMORGAN CHASE BANK COX - INTERNET $1,250.00 1 Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN INFORMATION TECH -Total $1,250.00 JPMORGAN CHASE BANK CUTTER &BUCK -EMP APPRE $751.61 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION $283.14 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $88.50 GEN MANAGERIAL -Total $69.95 $1,123.25 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $10.99 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $48.58 GEN MUNICIPAL COURT -Total SAV ON- BUSINESS CARDS $59.57 CLEAN UNIFORM COMPANY PARKS STAFF UNIFORMS $18.44 WASHINGTON CO RURAL WATER WATER SERVICE $39.06 DISTRICT GENPARKS -Total $69.95 $57.50 JPMORGAN CHASE BANK AMAZON - SUPPLIES $38.83 JPMORGAN CHASE BANK POPULAR SCI- TRAINING $24.99 JPMORGAN CHASE BANK SAV ON- BUSINESS CARDS $20.25 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP $48.40 JPMORGAN CHASE BANK WATERSTONE- CLEANING $103.70 GEN POLICE COMMUNICATIONS -Total $69.95 $236.17 JPMORGAN CHASE BANK BROWN CO- UNIFORM $200.00 JPMORGAN CHASE BANK CORNERSTONE - REPAIR $35.50 SPOK, INC. PAGER USE $60.79 GEN STORMWATER -Total $300.03 $296.Y9 JPMORGAN CHASE BANK AMAX SIGN - LETTERING $25.00 JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK GEN SUPPORT SERVICES -Total COX - INTERNET $69.95 HOBBY LOBBY- SUPPLIES $10.47 INC -FLAGS $142.30 LOWES - SUPPLIES $18.96 LOWES -TOOLS $19.97 OFFICE DEPOT - SUPPLIES $13.38 $300.03 GENERAL -Total $6,524.68 20 AMBULANCE SERVICE JPMORGAN CHASE BANK FULLERTON- OXYGEN $25.50 MEDICLAIMS INC BILLING SERVICES $13,433.81 AMBULANCE -Total $13,459.31 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $339.63 AMBULANCE SERVICE -Total $339.63 AMBULANCE SERVICE -Total $13,798.94 21 E -911 JPMORGAN CHASE BANK AT &T -E911 MAPPING FEE $355.35 E911 COMMUNICATIONS -Total $355.35 Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 21 E -911 -Total $355.35 25 HOTEL TAX JPMORGAN CHASE BANK TRAVEL EXPENSE $47.95 HOTEL TAX ECON DEV •Total $47.95 JPMORGAN CHASE BANK MEETING EXPENSE $49.11 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $23.91 STRONG NEIGHBORHOODS -Total $73.02 HOTELTAX -Total $12097 36 CAPITAL IMPROV GRANTS BUILDERS UNLIMITED REDBUD FESTIVAL PARK - VI $260,028.77 VSN 2025 FESTIVAL PARK • Total $260,028.77 CAPITAL IMPROV GRANTS -Total $260,028.77 37 SALES TAX FIRE JPMORGAN CHASE BANK ADVANCE AUTO -COOL $17.09 JPMORGAN CHASE BANK ADVANCE AUTO -FLOOR DR $33.44 JPMORGAN CHASE BANK BLUE CARD COM- TRAININ $385.00 JPMORGAN CHASE BANK DOLLAR GENERAL - BATTER $8.00 JPMORGAN CHASE BANK FAM ANIMAL MED -K9 VET $16.15 JPMORGAN CHASE BANK FASTENAL -PARTS $21.65 JPMORGAN CHASE BANK IMAGENET- COPIER FEE $440.17 JPMORGAN CHASE BANK LOWES -MAINT $9.96 JPMORGAN CHASE BANK LOWES- STORAGE $24.90 JPMORGAN CHASE BANK MENS WEARHOUSE - UNIFOR $1,356.41 JPMORGAN CHASE BANK MINERVA BUNKER -MAINT $485.50 JPMORGAN CHASE BANK N SAFETY -SCBA MASK TE $440.97 JPMORGAN CHASE BANK NAFECO- UNIFORMS $250.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $127.19 JPMORGAN CHASE BANK OSFA -MEMB FEE $3,696.00 JPMORGAN CHASE BANK OVERHEAD DOOR - REPAIR $596.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $33.54 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS $17.98 SALES TAX FUND -FIRE -Total $7,959.95 SALES TAX FIRE -Total $7,959.95 38 SALES TAX POLICE JPMORGAN CHASE BANK AMAZON- CAMERAS $376.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $262.35 JPMORGAN CHASE BANK AMERICAN WASTE - RENTAL $108.58 JPMORGAN CHASE BANK AT YOUR SVC- RENTAL $160.00 JPMORGAN CHASE BANK BEST BUY - SUPPLIES $14.99 JPMORGAN CHASE BANK HEATWAVE SPLY -PUMP $546.51 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES $13719 JPMORGAN CHASE BANK IQ CAR WASH - SUPPLIES $16.00 JPMORGAN CHASE BANK JIM GLOVER -KEYS $670.57 JPMORGAN CHASE BANK LOWES - SUPPLIES $4.44 3 Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $228.14 JPMORGAN CHASE BANK OREILLY- SUPPLIES $14.99 JPMORGAN CHASE BANK SAMS- SUPPLIES $151.04 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP $48.90 JPMORGAN CHASE BANK STOP STICK - SUPPLIES $967.00 JPMORGAN CHASE BANK THOMSON WEST -CLEAR AC $374.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $60.38 JPMORGAN CHASE BANK USPCA -DUES $50.00 JPMORGAN CHASE BANK USPS- POSTAGE $5.50 JPMORGAN CHASE BANK USPS- SUPPLIES $47.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $37.76 JPMORGAN CHASE BANK WATERSTONE- CLEANING $1,253.50 SALES TAX FUND- POLICE -Total $5,534.84 SALES TAX POLICE -Total $5,534.84 39 SALES TAX STREETS JPMORGAN CHASE BANK ATWOODS -BOOTS $99.99 JPMORGAN CHASE BANK ATWOODS -JACK $79,99 JPMORGAN CHASE BANK BROWN CO -FLAGS $7.55 JPMORGAN CHASE BANK BROWN CO- SUPPLIES $226.50 JPMORGAN CHASE BANK BROWN CO- UNIFORM $120.00 JPMORGAN CHASE BANK DUNHAMS ASPHALT -ASPHA $1,307.25 JPMORGAN CHASE BANK LOWES- SUPPLIES $81.28 JPMORGAN CHASE BANK OREILLY -FUEL $283.99 JPMORGAN CHASE BANK ROADSAFE -EQUIP $426.00 JPMORGAN CHASE BANK UNITED FOOR -DOORS $550.00 SPOK, INC. PAGER USE $132.57 SALES TAX FUND-STREETS -Total $3,315.12 SALES TAX STREETS -Total $3,315.12 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK AMAZON -PD BUILDING $893.84 JPMORGAN CHASE BANK GTEL PAYPHONE -PD BUIL $1,521.47 JPMORGAN CHASE BANK KVM GALORE -PD BUILDIN $1,525.00 JPMORGAN CHASE BANK KVM SWITCHES -PD BUILD $670.50 JPMORGAN CHASE BANK LOWES -PD BUILDING $213.98 JPMORGAN CHASE BANK OFFICE DEPOT -PD BUILD $623.97 JPMORGAN CHASE BANK SALSBURY IND -PD BUILD $2,334.11 JPMORGAN CHASE BANK ULINE -PO BUILDING $570.42 JPMORGAN CHASE BANK WORKSPACE RES -PO BUIL $9,719.62 CI - POLICE BLDG -Total $18,072.91 JPMORGAN CHASE BANK FASTENAL- EQUIPMENT $88.52 JPMORGAN CHASE BANK LOWES- EQUIPMENT $21.94 CIP FIRE DEPT VEHICLES -Total $110.46 El Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK KNOX- LOCKBOX $1,865.00 JPMORGAN CHASE BANK LOWES- MAILBOX $109.00 TIMBERLAKE CONSTRUCTION CO TRAINING COMPLEX $498,176.86 CIP FIRE STATION #4 • Total $500,150.86 JPMORGAN CHASE BANK HOME DEPOT -WIRE $8.00 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINT $150.00 CIP POLICE VEHICLES •Total $158.00 KSL DIRTWORKS LLC CONSTRUCTION SERVICES $21,210.18 AGR CIP STREET REHAB FYI -Total $21,210.18 JPMORGAN CHASE BANK W.S. DARLEY- EQUIPMENT $47.90 PUBLIC SFTY VEH - FIRE • Total $47.90 CAPITAL IMPROVEMENTS -Total $539,750.31 70 CITY GARAGE AT &T MOBILITY WIRELESS SERVICE $59.41 JPMORGAN CHASE BANK ACTION SPRING - TRAILER $53.00 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $1,346.60 JPMORGAN CHASE BANK BUMP2BUMP- SUPPLIES $7,98 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $3.78 JPMORGAN CHASE BANK HESSELBEIN -TIRES $2,232.10 JPMORGAN CHASE BANK HOME DEPOT -PARTS $38.00 JPMORGAN CHASE BANK INLAND TRUCK -PARTS $270.18 JPMORGAN CHASE BANK NAPA -PARTS $110.58 JPMORGAN CHASE BANK RAM PRODUCTS- SUPPLIES $288.25 JPMORGAN CHASE BANK ROUTE 66 -TIRES $532.76 JPMORGAN CHASE BANK SPECTRO - SUPPLIES $123.24 JPMORGAN CHASE BANK UNITED FORD -PARTS $243.99 CITY GARAGE -Total $5,309.87 CITY GARAGE -Total $5,309.87 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $5,633.20 WORKERS' COMP SELF -INS -Total $5,633.20 WORKERS' COMP SELF -INS -Total $5,633.20 77 GENERAL LIABILITY - PROPERT DOERNER, SAUNDERS, DANIEL & CONDEMNATION ACTIONS $3,052.75 OCT- GEN LIAB -PROP SELF INS -Total $3,052.75 GENERAL LIABILITY - PROPERT - Total $3,052.75 City Grand Total $851,384.75 Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT &T CONSOLIDATED PHONE $27.97 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $107.99 KALEY EVANS CLASSES $132.00 RON D. LEWIS INSTRUCTOR FEES $262.43 GEN COMM CTR DONATIONS -Total $394.43 AT &T CONSOLIDATED PHONE $43.81 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES $180.00 SUMNERONE INC COPIER SERVICE $295.83 TREASURER PETTY CASH MILEAGE REIMS $140.30 GEN COMMUNITY CENTER -Total $659.94 RICH & CARTMILL NOTARY BOND $30.00 TREASURER PETTY CASH NOTARY RENEW- HENSLEY $20.00 VERIZON WIRELESS WIRELESS CONNECTION $122.44 GEN COMMUNITY DEVELOPMENT, Total $172.44 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $40.01 AT &T CONSOLIDATED PHONE $15.84 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $55.85 OZARK LASER SYSTEMS PLOTTER MAINTENANCE $1,500.00 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ENGINEERING -Total $1,576.72 CARLY PETERSON TUITION REIMBURSEMENT $2,115.00 GEN FINANCE -Total $2,115.00 AT &T CONSOLIDATED PHONE $641.36 SH MEDIA HOLDING GROUPS, INC LEGAL PUBLICATION $530.42 DAVID L. WEATHERFORD GENERAL NOV 2018 $54.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICE $5,100.00 IMPERIAL LLC COFFEE SERVICE $112.10 RICOH USA, INC COPIER RENTAL $199,49 RICOH USA, INC. COPIER SERVICE & SUPPLIES $277.64 ROGERS COUNTY ASSESSOR VISUAL INSPECTION $6.33 SUMNERONE INC COPIER MAINTENANCE $726.65 TULSA COUNTY ELECTION BOARD 2019 ELECTION WARD 5 FREE $4,644.25 GEN GENERAL GOVERNMENT -Total $12,292.24 AT &T CONSOLIDATED PHONE $15.84 GEN HISTORICAL MUSEUM -Total $15.84 1 Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount O1 GENERAL NORTHEAST TECHNOLOGY CENTER TRAINING $200.00 GEN HUMAN RESOURCES -Total $200.00 AT &T CONSOLIDATED PHONE $22.92 VERIZON WIRELESS WIRELESS CONNECTION $149.38 GEN INFORMATION TECH -Total $172.30 FREDERICK SOMMERS & WESTERN SIGN DIRECTIONAL SIGNS $1,197.48 CO ROBERT SORDO EMPLOYEE APPRECIATION $500.00 TREASURER PETTY CASH REGIS FEE $295.00 GEN MANAGERIAL -Total $1,992.48 BURKHART'S OFFICE PLUS NOTARY STAMP $24.99 TREASURER PETTY CASH NOTARY - BHINHAR $25.00 TREASURER PETTY CASH OMCCA FEE - BHINHAR $20.00 GEN MUNICIPAL COURT -Total $69.99 AT &T CONSOLIDATED PHONE $24.27 DAVID'S ELECTRIC, INC. REPAIR $500.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $564.28 AT &T CONSOLIDATED PHONE $316.38 LANGUAGE LINE SERVICES TRANSLATION SERVICES $21.36 TREASURER PETTY CASH NOTARY FLETCHER $10.00 GEN POLICE COMMUNICATIONS -Total $347.74 PUBLIC SAFETY CORPORATION CRYWOLF ALARMS $6,519.82 GEN POLICE SERVICES -Total $6,519.82 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $80.02 AT &T CONSOLIDATED PHONE $45.84 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $85.85 TREASURER PETTY CASH CC REFUND - BALLARD $50.00 TREASURER PETTY CASH CC REFUND -ENDEX INC $50.00 TREASURER PETTY CASH CC REFUND -GRAY $75.00 TREASURER PETTY CASH CC REFUND - GUTHRIE $50.00 TREASURER PETTY CASH CC REFUND -HOBBS $50.00 TREASURER PETTY CASH CC REFUND - STEWART $50.00 TREASURER PETTY CASH CC REFUND- SULLIVAN $50.00 TREASURER PETTY CASH CC REFUND - TURPEN $50.00 TREASURER PETTY CASH CC REFUND -WHITE $50.00 TREASURER PETTY CASH OC REFUND - JOHNSON $100.00 TREASURER PETTY CASH REIMS ELEC PERMIT $115.00 IN Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH REIMB MECH PERMIT $115.00 TREASURER PETTY CASH REIMB PLMB PERMIT $115.00 TREASURER PETTY CASH REIMB RES REM PERMIT $50.00 TREASURER PETTY CASH REIMB UBCC -BLDG $4.00 TREASURER PETTY CASH REIMB UBCC -ELC $4.00 TREASURER PETTY CASH REIMB UBCC -MECH $4.00 TREASURER PETTY CASH REIMB UBCC -PLMS $4.00 GENERAL -Total $986.00 GENERAL -Total $28,448.94 20 AMBULANCE SERVICE VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $40.01 BCBS OF OKLAHOMA AMBULANCE REFUND $5.81 COMMUNITY CARE REFUNDS AMBULANCE REFUND $474.05 GEORGIA GAMBILL AMBULANCE REFUND $156.18 ROBERT GRAHAM AMBULANCE REFUND $89.30 AMBULANCE SERVICE -Total $725.34 AMBULANCE SERVICE -Total $765.35 25 HOTEL TAX REGINALD KIM HENRY BANNER INSTALLATION $1,440.00 HOTEL TAX ECON DEV -Total $1,440.00 HOTELTAX -Total $1,440.00 27 STORMWATER MANAGEMENT UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER-STORMWATER -Total $76.72 STORMWATER MANAGEMENT -Total $76.72 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $26,887.91 VSN RECAP 96TH1119 -129TH -Total $26,887.91 GUY ENGINEERING SERVICES INC ENGINEERING SERVICES - E $11,046.67 VSN RECAP GARNETT TO 129 -Total $11,046.67 VISION TAX -Total $37,934.58 35 PARK DEVELOPMENT TREASURER PETTY CASH REIMB PARK DEV FEE $300.00 PARK DEVELOPMENT -Total $300.00 PARK DEVELOPMENT -Total $300.00 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $72.80 CITY OF SKIATOOK UNIFORMS PPE $1,819.50 TREASURER PETTY CASH NOTARY- KOKEMULLER $20.00 VERIZON WIRELESS WIRELESS CONNECTION $880.36 SALES TAX FUND -FIRE -Total $2,792.66 SALES TAX FIRE - Total $2,792.66 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $575.10 Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE THOMAS ALAN HOFFMANN LEWIS MMPI $100.00 TREASURER PETTY CASH CLEET TESTING FEE $35.00 TREASURER PETTY CASH NOTARY -YOUNT $25.00 VERIZON WIRELESS WIRELESS CONNECTION $1,400.35 SALES TAX FUND - POLICE - Total $2,135.45 SALES TAX POLICE -Total $2,135.45 39 SALES TAX STREETS SIGNALTEK INC WAVETRONIX RADAR $13,000.00 TRAFFIC & LIGHTING SYSTEMS, LLC BATTERIES $7,000.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 SALES TAX FUND - STREETS -Total $20,080.02 SALES TAX STREETS -Total $20,080.02 40 CAPITAL IMPROVEMENTS WASHINGTON CO RURAL WATER DISTRICT FEES $5,496.15 CIP FIRE STATION #4 • Total $5,496.15 CRAFTON, TULL AND ASSOCIATES, INC ENG DESIGN SERVICES - EAS $4,871.00 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - N $24,818.75 CIP SRVC RD IMP 106 -116 -Total $29,689.75 CAPITAL IMPROVEMENTS -Total $35,185.90 70 CITY GARAGE AT &T CONSOLIDATED PHONE $27.97 CITY GARAGE -Total $27,97 CITY GARAGE -Total $27.97 77 GENERAL LIABILITY - PROPERT DAVID L. WEATHERFORD PATRICK ROSS NOV 2018 $36.00 HALL, ESTILL, HARDWICK, GABLE, RONALD D. CATES, ATTORNEY AT LAW GEN LIAB -PROP SELF INS -Total PROFESSIONAL SERVICES $35,655.43 THR COOK $3,900.00 $39,591.43 GENERAL LIABILITY - PROPERT -Total $39,591.43 City Grand Total $168,779.02 Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 61 OPWA AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $294.98 OPWA -Total $294.98 CITY OF OWASSO ADMIN OVERHEAD $25,000.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $210.55 OPWA ADMINISTRATION •Total $25,210.55 BANCFIRST 800329021/10 $7,306.10 BANCFIRST 800469017/09B $55,960.40 BANCFIRST 800470015/09C $23,361.34 BANCFIRST 800471013 /SANTA FE $14,375.74 BANCFIRST 800472019 /RANCH CRK $25,377.32 OPWA DEBT SERVICE • Total LOWES- PLYWOOD $126,380.90 JPMORGAN CHASE BANK AMERIFLEX -HOSE $37.60 JPMORGAN CHASE BANK BUMP26UMP -DRILL BITS $9.78 JPMORGAN CHASE BANK BUMP26UMP- GLOVES $65.96 JPMORGAN CHASE BANK BUMP2BUMP- SUPPLIES $12.23 JPMORGAN CHASE BANK KIMS INT'L -HOSE $90.96 JPMORGAN CHASE BANK STEVE'S WHLSE -TOOLS $141.76 SPOK, INC. PAGER USE $71.28 REFUSE COLLECTIONS -Total $429,57 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $5.36 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $48.58 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $1,547.53 TODD C. KIMBALL METER READER $330.75 TYRONE EUGENE DINKINS METER READER $1,322.25 UTILITY BILLING -Total LOWES- PLYWOOD $3,254.47 JPMORGAN CHASE BANK BLUE ENERGY FUELS -CNG $19.01 JPMORGAN CHASE BANK BROWN CO- UNIFORM $200.00 JPMORGAN CHASE BANK CORE &MAIN- MATERIALS $70.00 SPOK, INC. PAGER USE $45.05 WASTEWATER COLLECTIONS -Total $334.06 JPMORGAN CHASE BANK AMAZON - SUPPLIES $43.19 JPMORGAN CHASE BANK BROWN FARMS -SOD $67.50 JPMORGAN CHASE BANK GRAINGER- GREASE $53.50 JPMORGAN CHASE BANK IBT INC - BEARINGS $142.50 JPMORGAN CHASE BANK LOWES -PARTS $41.75 JPMORGAN CHASE BANK LOWES- PLYWOOD $35.57 JPMORGAN CHASE BANK LOWES- SHELVING $71.14 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $102.07 JPMORGAN CHASE BANK OREILLY- BATTERY $88.40 JPMORGAN CHASE BANK WALMART -WATER $11.28 F Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 61 OPWA SPOK, INC. PAGER USE $17.82 WASTEWATER TREATMENT -Total $674,72 JPMORGAN CHASE BANK ACCURATE - TESTING $745.00 JPMORGAN CHASE BANK BROWN CO- UNIFORM $40.00 JPMORGAN CHASE BANK LOWES -PLUG $25.87 JPMORGAN CHASE BANK WELSCO- SUPPLIES $223.94 SPOK, INC. PAGER USE $96.93 WATER -Total $1,131.74 OPWA -Total $157,710.99 67 OPWA SALES TAX BANCFIRST 800650012/2016 NOTE $132,503.08 BANCFIRST 800730038/2018 NOTE $93,700.00 OPWA STF DEBT SERVICE -Total $226,203.08 OPWA SALES TAX -Total $226,203.08 69 OPWA SALES TAX SUB MORROW PLACE INVESTMENT GROUP LLC DEVELOPMENT AGREEMENT $4,420.91 ACCOUN OPWA ST SUB - DEBT SERV -Total $4,420,91 OPWA SALES TAX SUB ACCOUN -Total $4,420.91 OPWA Grand Total $388,334.98 Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount 61 OPWA CP &Y INC DESIGN SERVICES $5,326.91 2017 WWTP UPGRADE -Total $5,326.91 AT&T CONSOLIDATED PHONE $147.96 STANDLEY SYSTEMS, LLC COPIER MAINTENENACE $217.41 TREASURER PETTY CASH CHARACTER TRAINING $29.86 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 OPWA ADMINISTRATION -Total $431.94 AT &T CONSOLIDATED PHONE $12.13 RECYCLE CENTER -Total $12,13 AT&T THE METROPOLITAN ENVIRONMENTAL TRUS UNITED STATES CELLULAR CORPORATION CONSOLIDATED PHONE MET MEMBERSHIP ASSESS PW CELL PHONES $12.13 $7,506.50 $38.50 REFUSE COLLECTIONS -Total $7,557.13 TECHNICAL PROGRAMMING SERVICES INC TODD C. KIMBALL BILLING SERVICES METER READER $1,338.24 $108.75 UTILITY BILLING -Total $1,446.99 TREASURER PETTY CASH VERIZON WIRELESS WASHINGTON CO RURAL WATER DISTRICT CDL RENEW -BOGGS WIRELESS CONNECTION WATER $56.50 $80.02 $19.92 WASTEWATER COLLECTIONS -Total $156.44 AT &T VERIZON WIRELESS CONSOLIDATED PHONE WIRELESS CONNECTION $72.80 $80.02 WASTEWATER TREATMENT -Total $152,82 TREASURER PETTY CASH CDL RENEW -DUGAN $56.50 WATER -Total $5650 OPWA -Total $15,140.86 67 OPWA SALES TAX BANCFIRST 80065001212016 NOTE $2,500.00 OPWA STF DEBT SERVICE -Total $2,500.00 OPWA SALES TAX -Total $2,500.00 OPWA Grand Total $17,640.86 Actual Claims List - 1/2/2019 Fund Vendor Name Payable Description Payment Amount 55 OPGA YAMAHA GOLF CAR COMPANY REPAIR $74,98 YAMAHA MOTOR CORPORATION, USA GOLF CART LEASE $3,594.38 CART OPERATIONS -Total $3,669.36 JPMORGAN CHASE BANK AMAZON - BOOKSHELF $55.00 JPMORGAN CHASE BANK AMAZON - GLOVES $169.44 JPMORGAN CHASE BANK BROWN FARMS -SOD $180.00 JPMORGAN CHASE BANK SWI -PAINT $133.71 JPMORGAN CHASE BANK FASTENAL -BOLTS $9.20 JPMORGAN CHASE BANK FIMCO -PARTS .$26.95 JPMORGAN CHASE BANK FIMCO - RETURN ($128) JPMORGAN CHASE BANK GCSAA- MEMBERSHIP DUES $95.00 JPMORGAN CHASE BANK GEMPLERS- DECOYS $634.11 JPMORGAN CHASE BANK IBT INC- BEARINGS $112.71 JPMORGAN CHASE BANK KANSAS GOLF - FILTERS $27140 JPMORGAN CHASE BANK KANSAS GOLF -WHEEL $82.40 JPMORGAN CHASE BANK KELLY REGIS -LIC FEE $53.00 JPMORGAN CHASE BANK KIMBALL MIDWEST -HARDW $1,038.41 JPMORGAN CHASE BANK LOWES- HEATER $64.96 JPMORGAN CHASE BANK OREILLY - FILTER $11.63 JPMORGAN CHASE BANK OREILLY- FILTERS $9.37 JPMORGAN CHASE BANK P &K EQUIP- STRAINER $20.17 JPMORGAN CHASE BANK RR PRODUCTS - ASSEMBLY $34.18 JPMORGAN CHASE BANK RR PRODUCTS -BOLTS $73.24 JPMORGAN CHASE BANK RR PRODUCTS -PARTS $40.79 JPMORGAN CHASE BANK RR PRODUCTS -REEL $253.27 JPMORGAN CHASE BANK RR PRODUCTS - RETURN ($34.29) JPMORGAN CHASE BANK THERMAL WINDOWS -WINDO $3,103.62 JPMORGAN CHASE BANK TIMMONS OIL -FUEL $2,200.59 TCF NATIONAL BANK MAINT CART LEASE $1,160.00 COURSE MAINT -Total $9,799,58 JPMORGAN CHASE BANK AMUNDSEN -ICE MACHINE $254.00 JPMORGAN CHASE BANK SAMS -FRY OIL $19.27 JPMORGAN CHASE BANK SAMS- SUPPLIES $279.65 JPMORGAN CHASE BANK UNITED LINEN - RENTAL $230.50 JPMORGAN CHASE BANK WALMART- SUPPLIES $23.18 FOOD & BEV -Total $806.60 GPS TECHNOLOGIES, INC CART GPS $840.00 JPMORGAN CHASE BANK BROOKS GREASE - GREASE $125.00 JPMORGAN CHASE BANK COX -CABLE $77.53 JPMORGAN CHASE BANK LOCKE -LIGHT KIT $173,12 JPMORGAN CHASE BANK LOCKE- SUPPLIES $6.52 1 Actual Claims List - 112!2019 Fund Vendor Name Payable Description Payment Amount 55 OPGA JPMORGAN CHASE BANK MURPHY - SUPPLIES $135.43 JPMORGAN CHASE BANK MURPHY SANITARY -SUPPL $129.84 JPMORGAN CHASE BANK SAMS -TV MOUNT $119.88 JPMORGAN CHASE BANK WASTE MGMT - REFUSE SER $461.50 GOLF ADMIN -Total LUXOTTICA - MERCHANDISE $2,068.82 JPMORGAN CHASE BANK HANES GEAR - UNIFORMS $84.31 JPMORGAN CHASE BANK PSI SVC- TESTING FEE $78.00 GOLFSHOP -Total $162.31 JPMORGAN CHASE BANK CCSWB -FOOD AND BEVERA $664.26 JPMORGAN CHASE BANK CUTTER &BUCK- MERCHANDI $56.36 JPMORGAN CHASE BANK IMPERIAL- COFFEE $104.40 JPMORGAN CHASE BANK IMPERIAL -FOOD $134.75 JPMORGAN CHASE BANK LUXOTTICA - MERCHANDISE $40.00 JPMORGAN CHASE BANK SAMS -FOOD $895.94 JPMORGAN CHASE BANK WALMART -FOOD $91.09 OPGA -Total $1,986.80 OPGA -Total $18,493.47 OPGA Grand Total $18,493.47 4 Claims List - 1/8/2019 Fund Vendor Name Payable Description Payment Amount 55 OPGA AT &T CONSOLIDATED PHONE $12.13 JESCO PRODUCTS, INC GOLF HOLE CUTTER $338.53 JR SIMPLOT COMPANY SEAWEED EXTRACT $360.00 VERIZON WIRELESS WIRELESS CONNECTION $40.91 COURSE MAINT -Total $751.57 AT &T CONSOLIDATED PHONE $97.06 FELKINS ENTERPRISES, LLC BUSINESS CARDS $50.00 FREDERICK SOMMERS & WESTERN SIGN SIGNAGE $5,146.33 CO GOLF ADMIN -Total $5,293.39 BGR DAILY ACCT. REIMB GOLF PETTY CASH $275.30 CALLAWAY GOLF SALES COMPANY MERCHANDISE $691.15 OPGA -Total $966.45 OPGA -Total $7,011.41 OPGA Grand Total $7,011.41 1 sd REAL Purple • REAL Chenehr •REAL Community TO: Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Deannexation (OA 18 -05) - NE Corner East 106th Street North & North Memorial Drive and South of East 106th Street North & West of Railroad DATE: January 4, 2019 BACKGROUND: The Community Development Department received a request for the deannexation of approximately two hundred and ninety -two (292) acres divided between two pieces of property on either side of East 106th Street North. The first property is on the northeast corner of East 106th Street North & North Memorial Drive and is approximately 160 acres in size. The second piece of property is south of East 106th Street North on the west side of the railroad tracks and is approximately 132 acres in size. Both properties were annexed into Owasso city limits with Ordinance 718 in 2002. SURROUNDING LAND USE - TRACT #1: Direction Current Zoning Current Use Land Use Jurisdiction Master Plan North AGR (Agriculture Residential Residential Residential Tulsa County South Single - Family) Undeveloped Residential Tulsa County East RE (Residential Single - Family Undeveloped Commercial/ City of Owasso South Estate) Residential Transitional/ Tulsa County West & AG (Agriculture) Residential & Undeveloped Residential Tulsa County AGR (Agriculture Residential East Single - Family) Residential Residential Tulsa County & AG (Agriculture) West AG (Agriculture) Residential N/A Tulsa County SURROUNDING LAND USE -TRACT #2: Direction Current Zoning Current Use Land Use Jurisdiction Master Plan North - AG (Agriculture) Residential Residential Tulsa County South AG (Agriculture) Undeveloped Residential Tulsa County East AG (Ag(culture) Undeveloped Residential City of Owasso RE (Residential Single - Family West Estate) Residential & Undeveloped Residential Tulsa County & AG (Agriculture) SUBJECT PROPERTY /PROJECT DATA: ANALYSIS: The subject properties were initially annexed into Owasso city limits with the intent of developing a single - family residential subdivision. When the properties were annexed in 2002 with Ordinance 718, the right -of -way along East 106th Street North between the two properties was included in the annexation. In this deannexation request, this right -of -way would remain within Owasso city limits. The applicant intends to build a residential development on the subject properties. The applicant is requesting deannexation due to development - related issues. Therefore, the applicant is requesting deannexation in order to develop the property into larger residential lots under Tulsa County jurisdiction with aerobic systems. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on January 7, 2019. ATTACHMENTS: Aerial Map Deannexation Exhibit Total - 292 acres +/- Property Size Tract # 1 - 160 acres +/- Tract #2 - 132 acres +/- Current Zoning Tract #I - RE (Residential Estate) Tract #2 - RS -3 (Residential Single - Family High Density) Land Use Master Plan Residential (Both Tracts) Within Overlay District? No (Both Tracts) Water Provider i Washington County Rural Water District #3 (Both Tracts) ANALYSIS: The subject properties were initially annexed into Owasso city limits with the intent of developing a single - family residential subdivision. When the properties were annexed in 2002 with Ordinance 718, the right -of -way along East 106th Street North between the two properties was included in the annexation. In this deannexation request, this right -of -way would remain within Owasso city limits. The applicant intends to build a residential development on the subject properties. The applicant is requesting deannexation due to development - related issues. Therefore, the applicant is requesting deannexation in order to develop the property into larger residential lots under Tulsa County jurisdiction with aerobic systems. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on January 7, 2019. ATTACHMENTS: Aerial Map Deannexation Exhibit Exhibit of Part of Sections 12 and 13 �} T- 21 140IV, R -13 -E Tulsa County, Oklahoma Scale: 1'800' 'i4a�toi ®s 100 A Legal Description MALT A ME SWTNNUT WARIER (SW /4) CF SECTIaN 12. WNNSxP T NORM, RANGE 13 EAST OF ME L &k N.. TIRSA CaWtt. atW & WAX) TRACT CONTAINS IC&Ba ACRES MME M LEM TRACT B A PMT OF ME f/ST XAIF (E/S) CC SEC ON IS TCYNSH P 21 NMW RANGE 13 EAST Ci THE I, 0.k 4. MSA CWNTY. UAW OF aamw& AM PMIIC LT DOCANGE0 AS F LLOWS &tlxMIG .1T ME xtl11MNESf CANNER fi xF /{ OF NW /{ OF x4{ OF WECIOM M MERGE X Wien E NGG ME IGRM 115 0 $CC9a11 IJ <OR MS00 FEET: MFNCE S 01318' E FOR OW63 E TO A KXNT ON ME SWM 11NE OE ME NE14 aF NW /j CF xE &. MMCF N WVAW' E FDR 331.01 FEET TD ME NDRMGWT GaRN OF M[ M/{ W NW /{ V NL MACE S IGWII' a FOR 858.37 EEEE TO ME SW MEASt CORNER OF NC : WENCE N U12 -W E FOR dW.ST / TO ME SWMEAWT CGNq Cf ME SW/A OF NE /A OF NE/k MERGE N 19r3r W FOR 61130 W. MgEE X S llesr L FOR 618.52 FEET TO A PaMT W ME NE MLT WONT O WAY aF THE A. T. k A F. RAIIROAR MENFE S 14'16'12' W ALONG SAID RA6AOM GaNT OR WAY FOR 4603.14 FEET TO A PONT OR ME SOMM WEC OF SECUNI Ik THENCE S 58' VM W Alaxi SAG SWM aNE Fat 662.00 FEET TO ME SWMNEST GOWER M ME SE/{ OF SW /A CP SE /{: Ma10E N 110'85 W FOR 2634.64 EEFT TO THE NORMNTST CORNEA W THE NE /4 OF NW /4 OF SE/k MaXF N IIWW W FOR 263149 KET TO ME PANT OF BEMN SND TRACT CWTAWS 13107 AGES WORE OR TEES AG[ IOOOS onrz: a /W /. Y P a R 13 E r5er ".TM RTWrrr t I { I "�`Fi`��'awx �• i ^4 �u I MANN Me ccnr� iT N xum WK arnM:l a a^ x[ %ixr�ut /4 �6 M ee' else x ulru' [ „ W ._...._ 6TSEN' [ I e C I 6/ I k L4 I " I I I If E 98TH ST N s A;:Vn W LAST 95TH 5MUT Location MaD . 1 -.. x ms4'Sr E c T I 21 e N e V 1 1.12018 Land Services. Inc. II I E 98TH ST N s A;:Vn W LAST 95TH 5MUT Location MaD . 1 -.. x ms4'Sr E c T I 21 e N e V 1 1.12018 Land Services. Inc. II sd REAL Pwpl. •REAL Chanefrt• REAL Community TO: Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Annexation (OA 18 -06) - 12429 North 135th East Avenue DATE: January 4, 2019 BACKGROUND: The Community Development Department received a request for annexation of property located at 12429 North 135th East Avenue, which is on the east side of North 135th East Avenue just south of the entrance to US -169. The subject property is approximately 1.68 acres in size and is currently zoned AG (Agriculture) in Tulsa County. Upon annexation, the property would be brought into Owasso city limits as AG (Agriculture). SURROUNDING LAND USE: Direction - Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped Residential Tulsa County South AG (Agriculture) Residential Residential Tulsa County East AG (Agriculture) Highway N/A Tulsa County West OPUD 05-02A / RS -3 (Residential Single- Family High Density) Undeveloped Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.68 acres +/- Current Zoning AG (Agriculture) Proposed Zoning Upon Annexation AG (Agriculture) Land Use Master Plan Residential Within PUD? No Within Overlay District? Yes (US -169 Overlay District) Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Morrow Lift Station ($3,146.00 per acre) Ranch Creek Sanitary Sewer ($610.33 per acre) ANALYSIS: The property is contiguous with Owasso city limits on the western property line. The subject property is currently undeveloped, and property that is annexed into Owasso city limits is typically annexed under AG zoning unless otherwise requested by the applicant. The applicant requests that the property retain its current zoning upon annexation. The GrOwasso 2030 Land Use Master Plan identifies the subject property for residential land uses. Because no specific development plans are in place for the property, retaining the AG zoning at this time is appropriate. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the property upon annexation. Water service would be provided to the property by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. Any future rezoning case for this property would be evaluated using the GrOwasso 2030 Land Use Master Plan. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on January 7, 2019 ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit Aerial Photo OA _ ■. / © ! 126th 2 N co cn ( SUBJECT PROPERTY / Zoning Map OA 18 -06 to N l< m E126thPIN m n x -o 'ter'!^ �t �' - E 126�h St N E 126th St N E 126th St .N 4 N P V 2 j P 4 Land Use Master Plan Map OA 18 -06 m x l< E 126th E126hStN i i 1 I SUBJECT PROPERTY Z W N m D 1 C N P �O 2 W .J m C 1 Page 1561 N W E S LOCATION MAP SURVEYOR'S STATEMENT Wrden 8 Amalates, 5umeytna and MaP1111 PC an Oklahoma mmealleo, and the undenignwl Registered Prvleuwwl laM Surveyor, under Certlfcvle o! AuthMlntion No cbrd56 removal dso::une 30,1019, do heuthy sate that m om Pmteatonal opinion the above Inspection Plat Ante the dwelling as leased m the Prembes dexnbed, that It Is enW my within the described loci bwMarie; and there arc ro enctmahmenta thereon by eyes, Ottmanent improvements, exept as IMleated: that the three Inapeebon Plat anew: an Roam d Pitt casemate: and tuber tear... yon wr,ch have been diemud by a current Ride opinion or by Crmmitmen: for Pale insurance and copies thereof Provided to us: that ehl5 ln.pectlrn Plat was ampeW Ea idendfico ion purposes onN for the m oltl , e anearest a tend or Boundry It- survey: that no reword, tuner. were set, and Is not to be used .-IN upon fur Ilse estandshment of fence, building rr other er,roWmento mat rnd,nursomd or leave around oloW,, were rot sold lasatm am thefomre are not shown on th'e twoolo n Plat union epd.1.1ally eanesed be the aient; that this Inspection Pict Is prepared sell for enter Inted hereon as of this date and may not be used for any subsequent Iran down¢ foresees. or ether omaamn and that :seem bgir, or steady Is assumed berem of retch, to the morset or future land ownerrtottuWnc WITNESSMy RANI MORTGAGE INSPECTION PLAT LEGAL DESCRIPTION AS PROVIDED: PROJECT NO: 184738 -565 MORTGAGOR: Donald Hutchison &Karen Hutchison THE NORTH TWO HUNDRED TWENTY (220) FEET OF THE SOUTH SIX HUNDRED SIXTY (660) FEET OF THE EAST HALF (F. /2) LOT THREE NORTHWEST OF SECTION FOUR A/K /ANE(21) CLIENT: First American Title &Trust Company NORTH, FLANGE FO RTEN NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA TOWNSHIP TWENTY -ONE THE INDIAN BASE TWENTY-ONE American Bankof Oklahoma MA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS & EXCEPT: CO File No.: 2357866 -TU06 BEGINNING AT THE NE CORNER OF SAID SE /4 NE /4 NW /4; THENCE WEST ALONG THE NORTH LINE OF SAID 5E /4 NE /4 NW /4 A DISTANCE OF 329.33 FEET; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 497.96 FEET A DISTANCE OF 97.61 FEET, THENCE CONTINUING SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING .armr4pe roulm.antrn A RADIUS OF 1834.86 FEET A DISTANCE OF 142,73 FEET, THENCE EAST A DISTANCE OF 234.40 FEET TO A POINT ON This property is located in flood one "x-0NSHADED' as per FIRM Corrrnunity Panel No. 400462 01309, as last THE EAST LINE OF SAID SE /4 NE /4 NW/4; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 220.00 FEET TO THE revised August 3, x009. POINT OF BEGINNING; LESS & EXCEPT: THE WEST 50 FEET FOR ROADWAY, AND KNOWN AS 12429 NORTH 135th EAST o/E AVENUE. Property lndeded within the lands des.bsd In NRlll of Way, »mry Book 904, Page 16. tl/E Nght Of Way Easement. ce n»aes eaovt wp ac.rw. arr Book 4619, Page 1275; dentalns asefpden[infoconsul determine its effort, If any, on OUCTRICMEIEfl this property. Right er Way Easement, 50.0 ery adon Deed, Book 4619, Page 1276; contains Sook3925, Page 1258 Insufficient Information to determine its effort, If any, on this Property. 280.67'± 50' 1 -Story ? �� 329.33' Brick& ?gjO.T Q i Frame '9s, p Story Mefa7oD YLESS & EXCEPT ° N I CONC n le? Metal m ].34.40' LESS &EXCEPT 375.60'± Page 1561 N W E S LOCATION MAP SURVEYOR'S STATEMENT Wrden 8 Amalates, 5umeytna and MaP1111 PC an Oklahoma mmealleo, and the undenignwl Registered Prvleuwwl laM Surveyor, under Certlfcvle o! AuthMlntion No cbrd56 removal dso::une 30,1019, do heuthy sate that m om Pmteatonal opinion the above Inspection Plat Ante the dwelling as leased m the Prembes dexnbed, that It Is enW my within the described loci bwMarie; and there arc ro enctmahmenta thereon by eyes, Ottmanent improvements, exept as IMleated: that the three Inapeebon Plat anew: an Roam d Pitt casemate: and tuber tear... yon wr,ch have been diemud by a current Ride opinion or by Crmmitmen: for Pale insurance and copies thereof Provided to us: that ehl5 ln.pectlrn Plat was ampeW Ea idendfico ion purposes onN for the m oltl , e anearest a tend or Boundry It- survey: that no reword, tuner. were set, and Is not to be used .-IN upon fur Ilse estandshment of fence, building rr other er,roWmento mat rnd,nursomd or leave around oloW,, were rot sold lasatm am thefomre are not shown on th'e twoolo n Plat union epd.1.1ally eanesed be the aient; that this Inspection Pict Is prepared sell for enter Inted hereon as of this date and may not be used for any subsequent Iran down¢ foresees. or ether omaamn and that :seem bgir, or steady Is assumed berem of retch, to the morset or future land ownerrtottuWnc WITNESSMy RANI LEGEND HARDENiCi RA B IdEDFIPORIC sERACBCABLEESMT sdleas.,,.' ®ASSOCIATES aten"all.- (seventy LeCanoNl .armr4pe roulm.antrn e/L emacemues soneen m a asap» o/E oNamaeEEASEMENT »mry MORTGAGE INSPECTION PLAT tl/E mKIREPsEMCNT ce n»aes eaovt wp ac.rw. arr Eh1 OUCTRICMEIEfl hlpL'` .....e 5w xidAa� on.nrn uo rnL x.: sue» sd ORFALP..W.-MALCh...11-REAL Commonly TO: Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Annexation (OA 18 -07) - Northeast Corner of East 116th Street North and North 145th East Avenue DATE: January 4, 2019 BACKGROUND: The Community Development Department received a request for annexation of property located near the northeast corner of East 116th Street North and North 145th East Avenue. The subject property is part of the larger tract of land that encompasses the northeast corner of that intersection. At this time, the owner of the property intends to keep the hard corner of the intersection under Rogers County jurisdiction while annexing the remainder of the property into Owasso city limits. The subject property proposed to be annexed is approximately 7.05 acres in size and is currently zoned C -4 (Commercial Central Service District) in Rogers County. Upon annexation, the applicant is requesting the property be brought into Owasso city limits as CS (Commercial Shopping) Zoning.. SURROUNDING LAND USE: Direction Zoning Use Land Use Jurisdiction CS (Commercial Shopping) Land Use Master Plan Commercial Plan No North AG (Agriculture) Residential Transitional Rogers County South C -2 (Commercial Community Commercial Commercial Rogers County Shopping) East C -4 (Commercial Central Commercial Commercial Rogers County Service District) OPUD 09 -01 /RM (Residential West Multi - Family) Undeveloped Commercial City of Owasso & CG (Commercial General) SUBJECT PROPERTY /PROJECT DATA: Property Size 7.05 acres +/- Current Zoning C -4 (Commercial Central Service District) Proposed Zoning Upon Annexation CS (Commercial Shopping) Land Use Master Plan Commercial Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Elm Creek Extended Sanitary Sewer Relief Area ($1,580.00 per acre) ANALYSIS: The property is currently zoned C -4 (Commercial Central Service District) in Rogers County, and is contiguous with city limits on the western property boundary. The applicant is requesting the property be assigned a corresponding zoning of CS (Commercial Shopping) upon annexation. Typically, property is annexed either under AG (Agriculture) zoning or as the County's corresponding zoning designation under the Owasso Zoning Code. Allowing the property to retain its current commercial zoning in the County by assigning it a commercial zoning upon annexation into city limits would be allowed. Also, the GrOwasso 2030 Land Use Master Plan identifies the subject property for commercial land uses. Therefore, assigning a zoning of CS (Commercial Shopping) to the property upon annexation would be appropriate. The subject property is undeveloped, but a fireworks stand is currently operating on the property at the hard corner of the intersection of East 116th Street North and North 145th East Avenue. According to the City's Code of Ordinances, fireworks stands are not allowed to operate within Owasso city limits. The owner of the property would like to retain the hard corner under Rogers County jurisdiction to allow the stand to continue to operate until such time the owner is prepared to develop the entirety of the property. At that time, the owner would annex the remainder of the property at the hard corner into city limits. The owner has agreed to submit a letter of intent to do so to the Community Development Department. Also, the owner has created two separate deeds for the property: one for the hard corner to remain under Rogers County jurisdiction for now and one for the property proposed to be annexed into Owasso city limits at this time. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the property upon annexation. Water service would be provided to the property by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on January 7, 2019. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit Zoning Map OA 18 -07 O ! - 1, A N m D m SUBJECT PROPERTY n R E 116th St N C -2 C -2 �� AG mnTTFflTTTn Land Use Master Plan Map OA 18 -07 WLr SUBJECT PROPERTY �ls . E 116th St N ell i A N _ - m n N G��i14�`,7rrl3tt�(s 1 c7 Donnie Hutchinson ANGLE SURVEYING SERVICE 15305 North Menton Avenue Skiatool< OK 74070 -3289 0 LEGAL: GG 7 t TO BE ANNEXED: SW/4 SW/4 SW/4, Section 3, T-21-N, R-14-E, Rogers County, State of Oklahoma, less the South 350.001 of the West 250.00' thereof. SCALE 'LEGEND 0 = -Set iron pin THIS FtAj.0F SURVEY MEETS THE OKLAHOMA MINIMUM STANGAR FOP THE PRACTICE OF LANDSURVEYINGAS ADDPTEDSY THE A = Fd. iron pin OKLAHOMA STATE SQAP.O (JF REGISTRATION FOR PRUESSiO10L C.A. #2147: -x- ENOWEERS PNQ LANO SURVEYORS, ,�ft rMOCK COY, ;RL.S #286 D sd REAL Poopla • REAL Chaneb� •REAL Communlq TO: Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Specific Use Permit- Coffee Creek Glover Jeep Dealership DATE: January 4, 2018 BACKGROUND: The City of Owasso received an application from the Jim Glover Auto Family for the review and approval of a Specific Use Permit for their Coffee Creek Auto Dealership. The subject property is located in the 10500 block of the east US -169 Service Road. SUMMARY TABLE: Direction Zoning Use Land Use Plan Jurisdiction North PUD 18 / Convenience Commercial City of Owasso Within Overlay District? CS Commercial Shopping) Store Washin ton ounfy Rural Water District #3 Applicable Paybacks South PUD 18 / Car Dealership Commercial City of Owasso CS Commercial Shopping) PUD 18 / East RNX (Residential Townhomes Transitional City of Owasso Neighborhood Mixed West Unzoned I US -169 1 Public I City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 5.685 +/- acres Current Zoning CS Commercial Shopping) Proposed Use Auto Dealership/Retail/Restaurant Lots /Blocks 2 Lots, 1 Block Within PUD? Yes PUD 18 Within Overlay District? US -169 Overlay Water Provider Washin ton ounfy Rural Water District #3 Applicable Paybacks Storm Siren Fee ($35.00 per acre) Elm Creek Extended Sanitary Sewer Relief Area 1,580.00 er acre ANALYSIS: A Specific Use Permit (SUP) is required in certain zoning districts for uses that may be slightly more intensive than surrounding uses or have unique characteristics where additional safeguards need to be employed. Within CS Zoning, an SUP is required for automobile sales, which is the request of this permit. Additionally, this project site lies within the US -169 Overlay, which not only requires a Specific Use Permit for a car dealership, but caps the maximum size at 5 acres. An automobile sales use requires an SUP because it often is associated with heavier traffic, noise, and lighting compared with other uses typically found in CS zoning. The SUP approval process allows City staff, the Planning Commission, and the City Council to require additional conditions on the project to help mitigate any issues that a higher- intensity use can cause. As mentioned, per the US -169 Overlay, car lots are limited to 5 acres per dealership. The existing Dodge /Fiat /Chrysler dealership adjacent to the subject property to the south is on a 5 acre tract of land and was approved with SUP 16 -03. The proposed Jeep dealership associated with this SUP would utilize the existing Dodge /Fiat /Chrysler dealership property for office space and servicing. The Jeep dealership would also use approximately 3.93 acres of the subject property in this SUP for vehicle inventory. No new structures are proposed for the vehicle inventory area on the subject property. The existing structure on the Dodge /Fiat /Chrysler property to the south would be expanded to accommodate the additional office space and servicing area for the Jeep dealership. The remaining 2.29 acres of the subject property in this SUP would be identified for retail and /or restaurant uses. The requirement that this 2.29 acres be used for either retail or restaurant land uses shall be made part of the staff recommendation for this SUP. This allows the City to retain important commercial property within the US -169 Overlay District for high tax - generating commercial uses. Allowing the proposed Jeep dealership to co- locate their administrative offices and servicing area on the property that the existing Dodge /Fiat /Chrysler is located on yields benefits to both the City and the applicant in the following ways: • The applicant can consolidate the offices and servicing areas for two dealerships into one building. • Expanding an existing building where utilities and infrastructure are already in place results in significant savings in construction costs. • The City retains 2.29 acres of highly visible, commercial property for a future retail or restaurant use. • Consolidation of the vehicle brands into one structure as being proposed would be more efficient and avoids other potentially intrusive site or building elements associated with another new separate building that would have to be mitigated. The applicant has submitted a set of drawings and renderings for the proposed development that provide an indication of building architecture and layout of the expanded facility. The proposed building architecture utilizes a mixture of glass, architectural metal, and stucco that complements the existing facility. The proposed facility houses a showroom, offices, and a parts and repair area. Site development of the subject property in this SUP as well as the proposed expansion of the existing building must meet all platting, signage, and landscaping requirements of the US -169 Overlay District as well as other Zoning Code, Subdivision Regulations, Engineering Standards, and Building Codes utilized by the City. The requirements set forth by SUP 16 -03 would remain in effect for the existing dealership property. Staff intends to recommend the following conditions be applied to the subject property in this SUP (18 -01): • Any additional signage shall be consolidated with the existing dealership's signage. • No digital signage shall be used on the property. • No banners, flags, balloons, inflatables, temporary signs, streamers or other advertising methods shall be allowed to be used on the site or attached to any vehicles. Any short - term (3 days or less) tents or tent sales shall be subject to approval by the Community Development Department. • No vehicles shall be allowed to be displayed outside of the site within the public right -of- way or on the smaller 2.29 acre lot to be reserved for retail or restaurant uses. • No exterior loudspeakers shall be allowed on the backside of the development. • A minimum six (6) foot opaque screening fence shall be required along the eastern property line of the subject property. • All non - essential lighting shall be turned off from the hours of 9:00 PM to 6:00 AM. • All site lighting shall be LED. • Interior parking island landscaping shall be allowed to be spread to the western and northern edge of the inventory lot. • The 2.29 acre parcel of the subject property with frontage on the US -169 service road shall remain in perpetuity for commercial retail and /or restaurant uses. • Architecture for the proposed building expansion shall use materials that adhere to a similar theme as the existing structure. • Access points shall be determined at the time of platting. • A sidewalk shall be installed along the frontage of the property. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on January 7, 2019 ATTACHMENTS: Aerial Map Zoning Map Land Use Plan Map Letter from Applicant SUP Site Plan Building Elevations Aerial Photo SUP 18-01 j I 1r F rv)� � � � /y �. J! 1 '.. 4`^i1 JY J:Ylr•f�' 11' 1 Subject Tract YF.rvq',. fir; ak X31 !f i�"Jrr. _ A �•r,� i St `J� Vii• i "' $ � a: i y JA's. i 1 � � �. _ _.•.,_ �� ..- � . r i p f /ire QF /Atp� sx R' pri • - A-!! -- -- -W - -- - -- -- r. X Land Use Plan A US 169 Overlay Boundary LEGEND Land Um Cara WW - IMUSIMUF1 9ICMI@1p(ClMe6t taegroato aMl edUbeItgnr.Mai. r ca mez(ar'smapplrg.Amicn -m Naming, CF HCUSn; Apara V% 20M r W'.( r pwkgft 1'0itlm - RI016InECFMEMICUa61 FUND Re6M091t3 �.— Trarl6mbmil 'Uf-1 E9 DVaiaJ 716 ® "GOnnf.1�J TaFJ]n .^pail Deata ®...132 DAn p64El}pinEfit DIG6G ® iCCy'l FOCCplairt _ PIBnEd T[aLCkI:,aEEt SkanaW COmale[?�t>:t 5mng ni jm CI)'Hal i Fif —A M A PORM DWNI; t amgPL111csSW4 Pubic Part ® FUDn Pict S10 Rde- ranzitSip © FYJ6p(tal r Cw CCU'EE itt Ce gerp CIwfw An6'.ip l AUTO t:AMtLY November 27, 2018 City of Owasso Attn: Karl Fritschen, Planning Manager 200 S. Main Owasso, OK 74055 Re: Jim Glover Jeep, Owasso Dear Mr. Fritschen: Immediately north of our new Chrysler, Dodge, Jeep, Ram, & Fiat dealership in Owasso, we are purchasing 5.685 acres at the 10500 -block of N. Owasso Expressway from Owasso Land Trust, LLC. As part of our agreement with the manufacturer, we must build a Jeep showroom adjacent and connected to the existing combined dealership building. The purpose of the acquisition is to provide Jeep inventory, while the Jeep dealership building addition will be on the same lot as the combined dealership. We understand this will require the approval of a Specific Use Permit (SUP) per the Owasso Zoning Code. Only part of the 5.685 acres is required for inventory, the balance we intend to preserve for future commercial development. At our direction, Tanner Consulting, LLC, has prepared an application for SUP on the 5.685 -acre tract, which SUP application has been signed by the seller, Owasso Land Trust, LLC. Per our discussion Friday, November 9, 2018, this letter will serve to express our agreement to the following conditions of approval being imposed on the SUP: 1. SUP approval shall be limited to 3.393 acres. 2. The balance of the site, 2.292 acres, shall only be used for uses permitted by existing zoning, CS and /or CG commercial with US -169 Overlay District and PUD -18, or as it may be subsequently rezoned. 3. The boundary between the two (2) development areas shall be established by lot lines created by plat or Lot - Split, subject to City of Owasso approval. Should you have any questions or concerns, please do not hesitate to contact us to discuss. Respectfully, r �9 j�'� Jared Glnver 1 NXGN�P�I `69 APPROXIMATE JEEP SIGN LOCATION CAR DL9PU7 RAMP Rocd North O IOSBO ExPF�eway Serrica fiNn OUTDOOR SPACE W/ _ _- BENCHES AND BIKE RAC 1 worouox«cm�rc � rtEruusaWF E.nf b��1�VFX INEW BUILDING 1 , -L Jim Glover Jeep- SUP 18 -01 Psojecl SWI25�12/01118 / / EIL i � � � � LOLASIOEWALK EMENSION LOLS POINTS OF ACCESS, SPACING H /OHW AY 169 SERL — ' -' — TO MEETZONING CODE MINIMU /CEROgOR x>94' FYa.w EAL/GNM /1 LOT A 1pprcec 2A aas•s Commercial Retell/ Restaurant Use Only SPECIFIC USE PERM[[ SUP 1R -01 IN ti 4�— TREES AND SHRUBS BUFFER m NOTES: 'Lighting Plan to be submitted at the site plan stage "All Standards of the US169 Overlay District to be met ^'Permitted /Resthcted uses for LOT A provided vie email by Karl Fdlschen on 12/20/18 BUFFER YARD - TREES. SHRUBS AND 6' OPAQUE FENCE NORTH �1 F1" E 06 ry sr .1'O 'dry KUM i GO GATED ACCESS ARVEST BANK Tanner COnsURing LLC JIM GLOVER JEEP. OWASSO,OK 0.0 COVER PLANNING POTENTIAL CDR +J: 670 PLANNING POTENTIAL JEEP: 247 Vam MW D ��� xx maesipn.mm � o JIM GLOVER JEEP® OWASSO, OK 2.0 EXISTING -SITE PLAN GRAPHIC SCALE 1 "= 100' 0 25 50 100 200 U It_ I o� �1 a CI �i nS E3 O EXISTING SOIIOINGS (NOT IN SGGPEI I _ - � , PPROPERTY4NE =I I °C zo o� VfffHltHll� VfHHHHHH+f� ' �a al N MASSO EXPY CIN.1 PN 1fi9 OS H1G� e e MAGNETIC PROJECT NORTH NORTH Vam D� E S I G N n e xww.yameetlgntq�m JIM GLOVER JEEP® OWASSO, OK jw 2.1 EXISTING - EXTERIOR o� E S I c ry JIM GLOVER JEEP® F�" OWASSO, OK 2.2 EXISTING - 3D FIRST FLOOR PLAN Vam D� E S 1 G N r,,, <, w ysmaesign .com JIM GLOVER JEEP. ;,, OWASSO, OK 2.4 EXISTING - FIRST FLOOR PLAN GRAPHIC SCALE 1 " =20 0 10 20 40 MAGNETIC PROJECT NORTH NORTH Vsm Off D E S I G N rF,•.• wrvw YSmJesi9n.wm JIM GLOVER JEEP® cat OWASSO, OK 2.5 EXISTING - ELEVATIONS GRAPHIC SCALE 1116" = V 0 5 10 20 40 EXISTING - SOUTH ELEVATION EXISTING -WEST ELEVATION NAM MV D xxw.ysmEOSipn.aam JIM GLOVER JEEP. OWASSO, OK 2.6 EXISTING- ELEVATIONS GRAPHIC SCALE 0 5 10 20 40 EXISTING -NORTH ELEVATION EXISTING EAST- ELEVATION Vam Off D E S I G N obY _ 11 n1111 t SD 9� ©e ❑III E%I BUIS Q 010TIN SCOPEI P OPE� f�ff1lI I u III IIII EXISTING OVILDING INOTIN SCOPE) x6 1 N MASSO EXPY — JIM GLOVER JEEP. OWASSO, OK 3.0 PROPOSED -SITE PLAN GRAPHIC SCALE 1 "= 100' 0 25 50 100 200 SITE PLAN LEGEND FCA SITE REQLBREMENIS (based on FCA Planning Potential) BUILDING FOOTPRINT SITE ELEMENT I REQUIRED I PROPOSED I VARIANCE PARXI NN�INCLWEEDIN�MSS GREEN SPACE & L M)SCAPE PARKING SPACES i 3151 732 +417 PARKING SF 99,153 SF 258,447 SF .159,2 4S LAND& BUILDING SF 1 132,514 SFI 464,56BSF +332,052SF SITE PLAN LEGEND ■ BUILDING FOOTPRINT EJWMIINNGFOOTP111W PARXI NN�INCLWEEDIN�MSS GREEN SPACE & L M)SCAPE ® e MAGNETIC PROJECT NORTH NORTH NAM OWDESIGN "— x vmdewgn.wm JIM GLOVER JEEP. OWASSO, OK do 3.1 PROPOSED - EXTERIOR AXONOMETRIC In S I G N IT M* WNN.yBmOe zlI IT 11, JIM GLOVER JEEP® OWASSO, OK go 3.2 PROPOSED -3D FIRST FLOOR PLAN Ninsm o� E S i c N w ysmaesien.e m JIM GLOVER JEEP® OWASSO, OK me 3.3 PROPOSED- FIRST FLOOR PLAN GRAPHIC SCALE 31fi4" =1' 0 5 10 20 40 MAGNETIC PROJECT NORTH NORTH Off D nova w^wNmYSmaeslpn com 23gW6 SF 35857 SF 12411 SF JIM GLOVER JEEP® OWASSO, OK sown - 3.4 PROPOSED - AREA PLANS JEEP CDID AREAS FIADMIN FI CUSTOMER CORE EMPLOYEE PARTS SERVICE SHOWROOM S SALES GRAPHIC SCALE 1 "= 3P 0 15 30 80 MAGNETIC PROJECT NORTH NORTH NAM MIF D E S I G N wsni v Amde[Ipn.wm CDR +J CDID REQUIRED AREAS PP-670 AREA NAME I REQUIREDAREA I REQUIRED UNITS I PROPOSED AREA I PROPOSEDUNITS I VARIANCE ADMIN 650 SF 959 SF 299 SF CUSTOMER CORE 2771 SF 3245 SF 474 SF EMPLOYEE 1956 SF 1154 SF -632 SF PARTS 3753 SF 3145 SF 4305 SF SERVICE 8550 SF 11 BAYS 18490 SF 25 BAYS 9940 SF SHOWROOM B SALES 57265F BDISPLAYCARS 8864 SF 7DISPLAY CARS 3138—SF 23gW6 SF 35857 SF 12411 SF JIM GLOVER JEEP® OWASSO, OK sown - 3.4 PROPOSED - AREA PLANS JEEP CDID AREAS FIADMIN FI CUSTOMER CORE EMPLOYEE PARTS SERVICE SHOWROOM S SALES GRAPHIC SCALE 1 "= 3P 0 15 30 80 MAGNETIC PROJECT NORTH NORTH NAM MIF D E S I G N wsni v Amde[Ipn.wm JIM GLOVER JEEP. , ®� OWASSO,OK 3.9 PROPOSED- ELEVATIONS GRAPHIC SCALE r =zo• o m za Ho PROPOSED -SOUTH ELEVATION PROPOSED - WEST ELEVATION CDR EXTERIOR KNISH TAG LEGEND JEEP EXTERIOR FINISH TAG LEGEND ACW-1 Numun Cw,poeils Meml- M6csxv Ibex rSF_-l_j smeneMF..nvq.ww rckuam..aew ACM-01 Nrinun comurnerw- NPOecNNremaroy EXP 42 E.NV Pw,- sl.min W.ern 6�15W Mepk.sM ACW2 Nn,iiun Gryaile Mey- Plq$plFge WHYieENUnwun GI`1 ImWWgGY[a. PPGLwECkx Glma ACWL M, w FCW -1 CupF Fm - �CWAW amjoN BF—&l EIFS- sMCCRPeWwSMO IKN612 GL-2 FSF-1 staMeMFrvrry.Itew.wr TP6ASa519yMm BW JWEM E351 Eib'v PeIM.BeMenn Mme q! 4qY 1612 FN1 EXP -01 ENiv PtlM -4sMn V2malIG/ cpevw -sm, GL- �1 NeW6pf a.PP6luw ECW (Lee CDR : SEE SHEETS <5 -50 FOR ADDITIONAL PRODUCT INFORMATION JEEP: SEE SHEETS 4.1 -4.5 FOR ADDITIONAL PRODUCT INFORMATION Van Dr E S I G N Gera x pmtlesigR.Mm JIM GLOVER JEEP® OWASSO, OK 3.10 PROPOSED - ELEVATIONS GRAPHIC SCALE V =20' 0 10 20 40 PROPOSED - EAST ELEVATION CDR EXTERIOR FINISH TAO LEGEND JEEP EXTERIOR FINISH TAG LEGEND A 1 N�munCmgaiila MeW- PIgYCSM M1Ntl6c FSKI-I SOVeM1MFmmM -g cl H NIaMHnIM AC1601 Nunium LOn�IM Metl- NpeLkHMetie Gey EXP -0$ EAwv PMn1�6MMn WFam6591 BIVIV MgIC -$Nn FACMI LLm+un CwTaNe Mehl'/yvEC WpM1 Pt6NeJNUmmun GF ImWtiM Glw -PPGLw EO—Gam R—OW-A FLmum CarpgMe - AtmNHS TmiBaelvq C7W4 CuMNWa6Fmiry.� ChuM BOIJd, EIFS -T EIFS- SLOO)RFA%S=m Oy RI612 O I—h Gw SY -AFGBAA.Y AG— O"- Mn,inm Cm{aBa MeJ -N Po4c NYf Ptl'MNPLmum E(1 O 6be6M Fmeip -Nennev iRIFPB6516rbm BUtt JtiMN Etlsv FMM�es6avn MmePdon GaY 1612 FN EXP -01 Emiw PaM�SMw.n KYVnf i06]CilYemp -Satin re—UT]Me+h6q Gb.e -PPG LwEGev Gtlee CDR : SEE SHEETS 48 -50 FOR ADDITIONAL PRODUCT INFORMATION JEEP: SEE SHEETS 4.1 -4.6 FOR ADDITIONAL PRODUCT INFORMATION D— E 5 1 G N nc. >, wxxysmUesign.c6�m REAL Paopla • REAL Chamclar •REAL Commonly TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Chelsea Levo Feary Director of Economic Development SUBJECT: Brogran, LLC Redbud District Development and Financing Agreement Extension Request DATE: January 4, 2019 BACKGROUND: On September 19, 2017, the Owasso Public Works Authority (OPWA) approved an application from Brogran, LLC for an Owasso Redbud District and Increment District No. 1, Development and Financing Agreement for the Mowery Lofts and Retail project located at West lsr Avenue and South Main Street. The Construction Schedule in Section 5.05 of the Agreement states the project shall be completed by December 31, 2018. The project is nearing completion, however, the property owner was unable to meet the Agreement deadline. Brogran, LLC has submitted a request for an extension of the Agreement until March 31, 2019, and submitted a timeline of completion for the remaining construction items. PROPOSED ACTION: Staff will present this item for discussion at the January 8, 2019, Work Session. In addition, staff intends to place an item on the January 15, 2019, OPWA agenda for consideration and action regarding the request for an extension of the Redbud District Development and Financing Agreement for Brogran, LLC Mowery Lofts and Retail Project. ATTACHMENTS: Development and Financing Agreement between the Owasso Public Works Authority and Brogran, LLC Construction Schedule Update and Request for Extension from Brogran, LLC DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND BROGRAN, LLC THIS DEVELOPMENT AND FINANCING AGREEMENT ( "Agreement ") is made on or as of this day of 2017, by and between the Owasso Public Works Authority, an Oklahoma publl ( "Au hority "), and Brogran, LLC ( "Developer "). WITNESSETH: WHEREAS, the Authority was created by a Trust Indenture, dated as of the 10 "' day of January, 1973, as a public trust for the use and benefit of the City of Owasso, Oklahoma ( "City "), pursuant to the provisions of 60 O.S. § 176, et seq., as amended and supplemented, and other applicable statutes of the State of Oklahoma; and WHEREAS, the City, acting through its City Council, has adopted a resolution accepting the beneficial interest of the Authority on behalf of the City; and WHEREAS, the purposes of the Authority are, in part, to promote development within and without the territorial limits of the City and to help provide facilities and activities which will benefit and strengthen the economy of the City and the State of Oklahoma; and WHEREAS, in order to accomplish its designated purposes, the Authority is empowered to provide funds for the costs of acquiring, constructing, installing, equipping, repairing, remodeling, improving, extending, enlarging, maintaining, operating, administering, and disposing of or otherwise dealing with any properties and facilities; and WHEREAS, the City has approved the Owasso Redbud District Project Plan ("Project Plan") by Ordinance 1093, dated December 20, 2016, creating Increment District No. 1, the City of Owasso an ad valorem and sales tax increment district ("Increment District"), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq.; and WHEREAS, the Project Plan envisions the development of the area surrounding Main Street, known as the Redbud District, into a unique place to live, work, shop, and play; and WHEREAS, the Project Plan authorizes the Authority to carry out implementation actions in accordance with development agreements and financing approvals; and WHEREAS, the Developer, consistent with the Project Plan, proposes a mixed -use development, including substantial ground floor commercial retail, 12 residential units, and accompanying parking spaces ( "Project "); and WHEREAS, the Developer owns real property, described and depicted on Exhibit 1, attached hereto ( "Project Site "), which lies within the Project Area as defined in the Project Plan, and proposes to construct and develop the Project on the Project Site; and WHEREAS, the development objectives of the City and the Authority for the enhancement of the Redbud District will be advanced by the Project; and WHEREAS, the parties wish to set forth the manner in which the Project is to be undertaken and implemented; and WHEREAS, the parties deem it appropriate to approve and execute this Agreement, which provides for the implementation of the Project consistent with the Project Plan, and the Authority determines that approval is in the best interests of the City, and the health, safety, and welfare of the City and its residents. IN CONSIDERATION of the mutual covenants and agreements contained herein, the Authority and the Developer hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT SECTION 1.01 Scone of Agreement A. The Developer hereby agrees, subject to the terms and conditions hereinafter provided, to cause the design, construction, and completion, in the time period hereinafter described, of the Project on the Project Site substantially in accordance with plans to be approved consistent with this Agreement; and B. The Authority hereby agrees, subject to the terms and conditions hereinafter provided, to provide to the Developer $480,000.00 or as much thereof as is actually received by the Authority of the ad valorem and sales tax increment revenues apportioned under the Project Plan, for the development of the Project in the manner provided in this Agreement, to be utilized exclusively for the payment of Project Costs as hereinafter described. SECTION 1.01 Scope of Development. The Project represents private investment of at least $4,000,000.00. The Project is a mixed -use development in the heart of the Redbud District. The Project will serve as an attraction for visitors to the area and new residents and stimulate additional private development in the area, providing a public benefit to the City. SECTION 1.02 Relationship of the Parties. The implementation of this Agreement is a complex process which will require the mutual agreement of the parties and their timely actions on matters appropriate or necessary to implementation. The parties further agree to consider and enter into such amendments as are reasonably necessary and appropriate to clarify, refine, or reinforce the commitments made herein or to adjust or modify them in light of changes in market conditions. The parties hereto shall use their best efforts in good faith to perform and to assist others in performing their respective obligations in accordance with this Agreement. This Agreement specifically does not create any partnership or joint venture between the parties hereto, or render any party liable for any of the debts or obligations of any other party. ARTICLE II AUTHORITY OBLIGATIONS SECTION 2.01 Proie_� ct Plan. The Authority shall support the Project in accordance with the Project Plan and this Agreement. SECTION 2.02 Certificate of Completion. Within 30 days after the Developer has completed the construction of the Project, the Authority shall furnish to the Developer a Certificate of Completion, certifying that the Developer has met its construction and development obligations contained in this Agreement. SECTION 2.03 Public Assistance. As authorized by the Project Plan and subject to the terms, conditions, and limitations contained herein, the Authority shall provide assistance in development financing to the Developer in the amount of $480,000.00. Such assistance is to support construction of the Project. ARTICLE III DEVELOPER OBLIGATIONS SECTION 3.01 Design Documents. The Developer shall provide to the City the Development Plans and Specifications for the Project no later than the time for submission of such plans for building permits. The Community Development Department shall review the plans to confirm that the project meets the City's development objectives as reflected in this Agreement and complies with the Project description. SECTION 3.02 Development Obligations. Developer shall cause the Project to be constructed on the Project Site, at no expense to the City or the Authority. The Project must be constructed in accordance with the Development Plans and Specifications approved by the City. The Developer shall secure or cause the appropriate parties to secure all governmental approvals in connection with (a) the construction, completion, and occupancy of the Project; and (b) the development and operation of the Project, including, without limitation, zoning, building code, and environmental laws. The Project shall include the following: A. Building A, consisting of approximately 14,000 square feet, with commercial retail space on the first floor and 8 residential units on the second floor; B. Building B, consisting of approximately 12,000 square feet, with commercial retail space on the first floor and 4 residential units on the second floor; C. Dedicating parking for the residential units; and D. Public parking to serve the commercial retail space along West 1" Street and Main Street. SECTION 3.03 Design Documents. Consistent with Section 5.02 of this Agreement, the Developer shall provide to the City Development Plans and Specifications for the Project. Such Development Plans and Specifications shall be simultaneously submitted to the Community Development Department for review and comment. ARTICLE IV ASSISTANCE IN DEVELOPMENT FINANCING SECTION 4.01 Generally. The Project Plan authorizes Project Costs, including assistance in development financing. Such assistance is to support the Project, including the construction of a public improvements benefitting the Project. SECTION 4.02 Payment Obligations. Beginning on the first day of the second quarter of year following completion of the Project, as indicated by issuance of the Certificate of Completion, the Authority shall provide the Developer assistance in development financing in the form of direct annual payments to the Developer of 90% of collected and apportioned ad valorem and sales tax increment revenues generated by the Project, net of administrative costs and expenses authorized by the Project Plan. Such payment obligation shall be payable solely from apportioned tax increment revenues collected from the Increment District. Such payment obligation is conditioned upon the Developer's payment of taxes on the Project Site and upon an increase in taxable value of the Project Site. Such payment obligation shall not exceed $480,000.00. The payments of assistance in development financing shall continue until the occurrence of the first of the following events: (A) $480,000.00 is paid, (B) December 31, 2034, or (C) the Increment District ends and all apportioned increment has been expended. SECTION 4.03 Minimum Ad Valorem Payment Covenant. A covenant subjecting the Project Site to a minimum annual ad valorem payment obligation in the amount of $53,712.00, shall be imposed and shall be filed in the land records of the County Clerk of Tulsa Comity. Such payment obligation shall begin on January 1, 2019. The minimum ad valorem payment covenant shall continue in effect for the duration of the Increment District. Should the amount billed to the Developer by the Tulsa County Assessor be less than $53,712.00, the additional amount shall be billed to the Developer by the Authority. The Developer shall provide payment to the Authority within 30 days of receipt of the bill from the Authority. SECTION 4.04 Additional Conditions and Terms of Assistance in Development Financing. Notwithstanding anything to the contrary contained herein, under no circumstances shall the Developer be entitled to any payments of assistance in development financing if the Project has not been completed or if the Developer is in default under this Agreement. All payments are subject to availability of increment. SECTION 4.05 Limitations on Assistance in Development Financing Obligations. Notwithstanding anything to the contrary contained herein, in no event shall the total amount of assistance in development financing provided to the Developer under this Agreement exceed $480,000.00. 10 SECTION 4.06 Sales Tax Increment and Renortina. The sales tax increment is 2% of the gross proceeds or gross receipts derived from commercial retail transactions from new businesses in the Increment District that are taxable under the sales tax code of Oklahoma (including any and all amendments thereto and revisions thereof). The Developer shall provide to the Authority a quarterly status report of retail sales activities within the Project. Such reports shall be made as long as the Increment District remains in effect. Such records shall be made available for review or audit at the offices of the Developer upon written request by the Authority at a reasonable time after such request. The Developer shall use reasonable efforts to cause all leases in the Project to include provisions which waive, for the benefit of the Developer, the Authority, and the City, any and all rights of confidentiality which the lessee may have with respect to sales taxes generated from its business in the Project, and agree that the City and the Authority shall have the right to inspect such books and records of the lessee to determine or confirm the total amount of sales taxes generated fiom the lessee's business in the Project. The Authority and the City shall use reasonable efforts to maintain the confidentiality of any sales tax information, subject to any laws that may require disclosure thereof. SECTION 4,07 Adjustment or Repayment of Assistance. In the event the Oklahoma Tax Commission determines, for any reason, that any sales taxes were erroneously paid to the City from the sales in the Project and City is required to repay any portion of such taxes to the Oklahoma Tax Commission, the amount of such repayment shall be deducted from the calculation of the increment and therefore from the payment of assistance in development financing due for the year, and the payment to the Developer shall be adjusted accordingly. In the event that such a determination is made at a time when no further payments are due to the Developer under this Agreement, the Developer agrees to reimburse the Authority the amount of such repayment to the Oklahoma Tax Commission. The foregoing shall in no way waive or otherwise affect the right of Developer or any other business in the project to contest or protest any such determination by the Oklahoma Tax Commission. SECTION 4.08 Transfers. Should the Developer desire to transfer any interests in this Agreement or the Project Site to another development entity which is necessary for financing or development purposes, and the Authority states its general willingness to consider and approve appropriate transfers required for financing purposes pursuant to a request and documentation by the Developer. ARTICLE 'V CONSTRUCTION OF PROJECT SECTION 5.01 Scope of Project. The Project Site shall be developed within the general requirements established by the zoning and building codes applicable to the Project Site by the Code of the City ( "Code ") and related laws governing municipal planning and zoning, including but not limited to the Downtown Overlay District Plan. The Developer shall be responsible for the construction, renovation, improvement, equipping, repair and installation of all public and private improvements associated with the Project as described in, and in conformance with approved schematic drawings, design documents, constructions documents, and related plans and documents ( "Development Plans and Specifications "). SECTION 5.02 Development Plans and Specifications. Upon the execution of this Agreement, the Developer shall prepare and submit Development Plans and Specifications for the Project to the City for its review pursuant to the Code. Thereafter, if the Developer desires to make any substantial or significant changes in the Development Plans and Specifications, the Developer shall submit the proposed changes to the City for its approval. The Developer and its approved assignees shall communicate and consult as frequently with the City and the Community Development Department as is necessary to ensure that any modifications to the Development Plans and Specifications can receive prompt and speedy consideration by the City. SECTION 5.03 Construction of Prot. The Developer agrees that all construction, renovation, improvement, equipping, repair and installation work on the Project shall be done substantially in accordance with the Development Plans and Specifications as approved by the City, or as amended with the approval of the City. SECTION 5.04 City and Other Governmental Permits. The Developer shall, at its own expense, secure or cause to be secured any and all permits and approvals which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work in connection with any buildings, structures or other improvements at the Project Site, The Authority shall cooperate with and provide all usual assistance to the Developer in securing these permits, and approvals, and shall diligently process, review and consider all such permits and approvals as may be required by law. SECTION 5.05 Construction Schedule. Not later than December 31, 2018, the Developer shall have completed the construction of the Project. If it appears the Project cannot be completed by such date, the Developer shall promptly report to the Authority that the Project will not be completed within the time provided for herein and shall provide an updated schedule regarding the time required for the completion of the Project. All revisions to the original construction schedule shall be subject to approval by the Authority, which approval shall not be unreasonably withheld. SECTION 5.06 Riahts of Access_ For the purpose of ensuring compliance with this Agreement, representatives of the Authority shall have the right of access to the Project Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing, renovating, improving, equipping, repairing and installing the Project, so long as they comply with applicable safety rules and do not unreasonably interfere with the activities of the Developer. Except in the case of an emergency, prior to any such access, such representatives of the Authority will check in with the on -site manager. All such representatives of the Authority shall carry proper identification, shall ensure their own safety, assuming the risk of injury, and shall not interfere with the construction activity. The Authority agrees to cooperate with the Developer in facilitating access by the Developer to the Project Site for construction purposes, provided that the Authority shall incur no financial obligations therefor. SECTION 5.07 Indemnification. The Developer shall defend, indemnify, assume all responsibility for, and hold the Authority and the City and their respective elected and appointed officers and employees and agents, harmless from, all costs (including attorney's fees and costs); 0 claims, demands, liabilities or judgments (except whose which have arisen from the willful misconduct or negligence of the Authority or the City, their officers, employees and agents) for injury or damage to property and injuries to persons, including death, which may be caused directly or indirectly by any of the Developer's activities under this Agreement, whether such activities or performance thereof be by the Developer or anyone directly or indirectly contracted with or employed by the Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act; codified at Title 42, Sections 9601, et seq. of the United States Code (hereinafter, "CERCLA "), and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify Authority from liability. SECTION 5.08 Liability Insurance. A. In addition to the indemnification of the Authority and the City required in Section 5.07 hereof, the Developer shall take out and maintain during the period set forth in subsection (D) of this Section, a comprehensive general liability policy in the amount of at least $1,000,000.00 for any person, $1,000,000.00 for any occurrence, and $1,000,000.00 property damage naming the Authority as an additional insured and loss payee, but only with respect to the liability policy. B. The Developer shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the Authority as an additional insured under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Authority by certified mail of any modification, cancellation or termination of the coverage at least 30 days in advance of the effective date of any such modification, cancellation or termination. Coverage provided hereunder by the Developer shall be primary insurance and not contributing with any insurance maintained by the Authority, and the policy shall contain such an endorsement. The required certificate shall be filed with the Authority at the time of execution of this Agreement. C. The Developer shall also famish or cause to be furnished to the Authority evidence satisfactory to the Authority that any contractor with whom it has contracted for the performance of work on the Project Site or otherwise pursuant to this Agreement carries workers compensation insurance as required by law at the time of execution of the Agreement. D. The insurance obligations set forth in this Section shall remain in effect until performance of the development obligations contained in this Agreement. SECTION 5.09 Performance Bond. The Developer shall post with the City such performance bonds or other sureties as may be required by the Code. SECTION 5.10 Local. State and Federal Laws. The Developer shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. SECTION 5.11 Antidiscrimination During Construction. The Developer, for itself, its successors and assigns, and any contractor with whom Developer has contracted for the performance of work on the Project Site, agrees that in the construction of the Project, the Developer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. SECTION 5.12 Taxes Assessments. Encumbrances and Liens. The Developer shall pay when due all real estate taxes and assessments on the Project Site. Prior to the performance of the obligations of this Agreement, the Developer shall not place or allow to be placed on the Project Site or any part thereof any uncontested mechanic's lien, any mortgage, trust deed, encumbrance or lien other than as expressly allowed by this Agreement. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. SECTION 5.13 Prohibition Against Transfer of the Project Site or Structures Therein and Assignment of Agreement. The Developer shall not, except as permitted by this Agreement, without prior written approval of the Authority which shall not be unreasonably withheld, make any total or partial sale, transfer, conveyance, assignment or lease of the Project Site. The foregoing restrictions on assignment, transfer, and conveyance shall not apply to: A. Any mortgage lien or security interest granted by the Developer to secure indebtedness to any construction or permanent lender with respect to the Project; and B. The rental and leasing of portions of the Project Site by the Developer for any uses contemplated for the Project. SECTION 5.14 Restrictions on Sale of Control By the Develo rimer. The qualifications of the Developer are of particular importance to the Authority. It is because of the qualifications and identity of the Developer, and the management thereof, that the Authority has entered into this Agreement with the Developer. Therefore, the Developer agrees that it will not sell a controlling interest in its own membership interests until performance of the development obligations in this Agreement to any individual or entity which is not currently a member of the Developer. Without limiting the generality of the foregoing, except as otherwise expressly agreed by the Authority in writing, the Developer shall not terminate its existence, liquidate or dissolve, or sell all or substantially all of its assets until performance of the development obligations in this Agreement. 0 SECTION 5.15 Covenants for Non - Discrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, familial status, marital status, age handicap, national origin or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Site. The covenant established in this Section shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns and any successor in interest to the Project Site or any part thereof. The covenants contained in this Section shall remain for so long as any amounts due under this Agreement or a tax increment district established for this Project remains unpaid or outstanding. SECTION 5.16 Maintenance Covenants. The Developer, and all successors and assigns in interest to the Developer, shall be obligated to maintain the Project and all improvements and landscaping situated on the Project Site in a clean and neat condition and in a continuous state of good repair in accordance with the Code. ARTICLE VI REPRESENTATATIONS AND WARRANTIES SECTION 6.01 Developer Representations and Warranties. The Developer represents and warrants the following: A. The Developer represents that it is a limited liability company duly organized and existing under the laws of the State of Oklahoma. The Developer is authorized to conduct business in the State of Oklahoma, and is not in violation of any provisions of its articles of organization, operating agreement, or any other agreement governing the Developer, or any law of the State of Oklahoma affecting Developer's ability to perform under this Agreement. B. The Developer's ability to accomplish the Project with financing assistance from the Authority has induced the Developer to proceed with the Project, and the Developer hereby covenants to complete the same and continue to maintain and operate the Project, until the Certificate of Completion is provided to the Developer fi-om the Authority. C. The Developer represents that it has the full power and authority to execute this Agreement and this Agreement shall constitute a legal, valid and binding obligation of the Developer in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by such Developer or the consummation of the transactions contemplated hereby, subject to laws relating to bankruptcy, moratorium, insolvency, or other laws affecting creditor's rights generally and subject to general principles of equity. D. The Developer represents that the execution and delivery of this Agreement, the consummation of the transactions contemplated herein, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented or limited by or in conflict with, and will not result in a breach of, other provisions of its articles of organization, operating agreement or any other agreement governing the Developer or with any evidence of indebtedness, mortgages, agreements, or instruments of whatever nature to which the Developer is a party or by which it may be bound, and will not constitute a default under any of the foregoing. E. To the knowledge of the undersigned representative of the Developer, there is not currently pending any action, suit, proceeding or investigation, nor, is any such action threatened which, if adversely determined, would materially adversely affect the Developer or the Development, or impair the ability of the Developer to carry on its business substantially as now conducted or result in any substantial liability not adequately covered by insurance. F. The Developer warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or the Authority any money or other consideration for obtaining this Agreement. The Developer further represents that, to its best knowledge and belief, no officer, employee or agent of the City or the Authority who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. G. All utility services necessary for the development and construction of the Project are available to the Project Site, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. H. Financial statements of the Developer heretofore delivered to the Authority and the City are true and correct in all material respects, and fully and accurately present the financial condition of the Developer on the respective dates thereof. There has been no material adverse change in the financial condition of the Developer since the date of the Iatest statement furnished. I. The Project Site is free of all contamination requiring remediation including, but not limited to, (a) any "hazardous waste," "underground storage tanks," "petroleum," "regulated substance," or "used oil' as defined by the Resource Conservation and Recovery Act of 1976, as amended, or by any regulations promulgated thereunder; (b) any "hazardous substance" as defined by CERCLA, or by any regulations promulgated thereunder; (c) any substance the presence of which on, in, or under the Project Site is prohibited by any federal, state, or local law, rule, regulation, or ordinance similar to those set forth above; and (d) any other substance which by federal, state, or local law, rule, regulation, or ordinance requires special handling in its collection, storage, treatment, or disposal. 10 J. Neither this Agreement nor any statement or document referred to herein or delivered by the Developer pursuant to this Agreement contains any untrue statement or omits to state a material fact necessary to make the statements made herein or therein not misleading. SECTION 6.02 Authority Representations and Warranties. The Authority represents and warrants the following: A. The Authority is a duly organized and validly existing public trust under the laws of the State of Oklahoma and as such, is a duly constituted authority of the City and an agency of the State of Oklahoma. B. The Authority is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. The Authority has duly authorized its Chairman, or in his absence, its Vice - Chairman, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of the Authority. C. The performance by the Authority under this Agreement will not violate any provision or constitute a default under any indenture, agreement, or instrument to which the Authority is currently bound or by which it is affected. D. To the knowledge of the undersigned officer of the Authority, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting the Authority wherein any unfavorable decision, ruling or finding would materially adversely affect the Authority's ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which the Authority is a party. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES SECTION 7.01 Events of Default. The following shall constitute Events of Default hereunder and under each of the instruments executed pursuant to this Agreement: A. Default by the Developer in the performance or observance of any covenant contained in this Agreement, any instrument executed pursuant to this Agreement, or under the terms of any other instrument delivered to the Authority in connection with this Agreement, including, without limitation, the falsity or breach of any representation, warranty or covenant; B. Material variance from the approved Development Plans and Specifications without prior written consent of the City with regard to any of the materials, machinery, or equipment acquired in connection with the Project or the appurtenances thereto, or any other material variance from the Development Plans and Specifications; C. Any representation, statement, certificate, schedule or report made or furnished to the Authority by the Developer with respect to the matters and transactions covered by this I Agreement which proves to be false or erroneous in any material respect at the time of its making or any warranty of a continuing nature which ceases to be complied with in any material respect and the Developer fails to take or cause to be taken corrective measures satisfactory to the Authority within 30 days after written notice by the Authority; or D. The initiation of bankruptcy or receivership proceedings by or against the Developer and the pendency of such proceedings for 60 days. SECTION 7.02 Remedies. The Authority will provide the Developer with notice and 30 days opportunity to cure any Event of Default described in Section 7.01. Upon the Developer's failure to commence and diligently pursue the cure within such 30 -day period, the Authority may, at its option, declare the Authority shall be entitled to proceed simultaneously or selectively and successively to enforce its rights under this Agreement and any of the instruments executed pursuant to the terms hereof, of any one or all of them. SECTION 7.03 Termination. A. In the event that the City unreasonably fails to approve the Development Plans and Specifications, and, if any such default or failure shall not be cured within 30 days after the date of written demand by the Developer, then this Agreement, or the relevant portion thereof, may, at the option of the Developer, be terminated by written notice thereof to the Authority, and, neither the Authority, nor the Developer shall have any further rights against or Iiability to the others under this Agreement with respect to the terminated portion thereof. B. In the event that the Developer fails to submit the Development Plans and Specifications to the City, or the Developer fails to obtain evidence of financing capacity satisfactory to the Authority, and, if any default or failure shall not be cured within 30 days after the date of written demand by the Authority, then this Agreement, or the relevant portion thereof, may, at the option of the Authority, be terminated by written notice thereof to the Developer, and, neither the Authority nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. SECTION 7.04 Completion byre Authority. If an Event of Default occurs prior to the completion of construction of the Project, the Authority shall have the right, but shall not be bound, to complete the Project according to the approved Development Plans and Specifications. In the event the Authority elects to so complete the Project, the execution of this Agreement shall be deemed to be an appointment by the Developer of the Authority as its true and lawful attorney -in -fact with the full power of substitution to complete, or cause to be completed, the Project in the Developer's name and shall empower the Authority as follows: A. To use any funds of the Developer in the manner called for by the Development Plans and Specifications; B. To make minor changes and corrections in the Development Plans and Specifications as shall be deemed necessary or desirable by the Authority; provided, however, that such changes do not increase project costs more than 5% determined on a cumulative basis; 12 C. To employ such contractors, subcontractors, agents, and inspectors as shall be required; D. To pay, settle or compromise all existing bills and claims which are or may be liens against the property constituting a portion of the Project Site or any part thereof or may be necessary or desirable for completion of the work or obtaining clear title; E. To execute all applications and certificates in the Developer's name, which may be required by any contract relating to the Project; and P. To do any and every act with respect to the Project which the Developer may do on its own behalf. It is understood and agreed that this power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked. The Authority, as the Developer's attorney -in -fact, shall also have the power to prosecute and defend all actions or proceedings in connection with the Project and to take such action and require such performance as the Authority deems necessary. The cost of said completion, including an amount equal to 10% of such cost for the Authority's services in connection with such completion, shall be paid to the Authority by the Developer. SECTION 7.05 Enforced Delay: Extension of Times of Performance. A. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as but not limited to: default of other party; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; invasion, lack of transportation; litigation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Authority and the Developer. SECTION 7.06 Non - liability of Officials, Employees, and Agents of the Authority. No official, employee or agent of the Authority shall be personally liable to the Developer, or any successor in interest, pursuant to the provisions of this Agreement, for any default or breach by the Authority. 13 ARTICLE VIII MISCELLANEOUS SECTION 8.01 Authority's Obligations Limited. Nothing in this Agreement is intended to require or obligate nor shall anything herein be interpreted to require or obligate the Authority to provide, apply or make any payment or advance from any revenue or funds coming into its hands other than the funds derived from Increment District No. 8 and in the manner provided in this Agreement. SECTION 8.02 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested and addressed as set forth below or to such other address as the party concerned may substitute by written notice to the other. All notices shall be deemed received within three days (excluding Saturdays, Sundays and holidays recognized by national banking associations) after being mailed: To the Authority: Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Warren Lehr, Manager To the Developer: Brogran, LLC 505 East 19`h Street Owasso, Oklahora 74055 Attn: Steve and Renee' Mowery SECTION 8.03 Amendment. This Agreement may not be amended or modified in any way, except by an instrument in writing executed by both parties hereto and approved in writing by the Developer and the Authority. SECTION 8.04 Non - Waiver: Cumulative Remedies. No failure on the part of the Authority to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Authority of any right hereunder preclude any other or further right thereof. The remedies herein provided are cumulative and not alternative. SECTION 8.05 Assierunent. This Agreement shall not be assignable by the Developer without the prior written consent of the Authority. The rights and benefits under this Agreement may be assigned by the Authority. SECTION 8.06 Applicable Law. This Agreement and the documents issued and executed hereunder shall be deemed to be a contract made under the laws of the State of Oklahoma and shall not be construed to constitute the Authority as a joint venturer with the Developer or to constitute a partnership among the parties. 14 SECTION 8.07 Descriptive Headings. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not be used in the construction of the terms hereof. SECTION 8.08 Integrated Agreement. This Agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, warranties, or representations between the parties regarding the financing of the Project other than those set forth herein. SECTION 8.09 Time of Essence. Time is of the essence in the performance of this Agreement. SECTION 8.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives, and assigns. SECTION 8.11 Right to Defend. The Authority shall have the right, but not the obligation, with benefit of counsel selected by the Authority, all at the Developer's expense, to commence, appear in or defend any action or proceeding purporting to affect the rights or duties of the parties hereunder, and in connection therewith, if the Developer fails to so commence, appear in or defend any such action or proceeding, except in a suit between the Developer and the Authority, in which case the prevailing party shall be entitled to such fees and expenses as a part of any judgment obtained. SECTION 8.12 Trustees' Disclaimer. This instrument is executed by the Trustees or officers or both of the Authority in their official capacities as such Trustees or officers. By the execution hereof all parties agree that, for the payment of any claim or the performance of any obligations hereunder, resort shall be had solely to the specific assets of the Authority described herein and no Trustee or officer of the Authority shall be held personally liable therefore. In this regard, specific reference is made to Section 179 of the Public Trust Act and to the Trust Indenture dated as of the 10 °i day of January, 1973, pursuant to which the Authority was created, a copy of which is of record in the office of the Authority. SECTION 8.13 Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same Agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. SECTION 8.13 Construction of this Agreement. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. IN WITNESS WHEREOF, the Developer and the Authority have caused this Agreement to be duly executed this _ day of , 2017. 15 EXHIBIT 1 Location, Legal Description, and Map of the Project Site Address: 102 South Main Street Legal Description: Lots 1, 2, 3 & part of 4, Block 22, Original Town of Owasso uz E 1st I � Po. F .7.111 Talc r rJ a �Gi n 'Su6st8 Oeh � eir � ; z4i' Y%iar';rC`p rn k ar � W 2nd Ave E 76th St N Un (SEAL) ATTEST: By: l 4 i 'u h ¢ "r ` // � � ''' Kom°j%k%\ BROGRAN, LLC Manager If 16 ACKNOWELDGEMENTS STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this Iq day 0� 7 by Chris Kelley, Vice -Chair of the Owasso Public Works Authority, a public trust, on behalf of the Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year fast above written. iann M. Stevens otary Public #000013339 Ex ires: August 12, 2020 (Notary Seal) STATE OF OKLAHOMA ) )SS: COUNTY OF SSA ) 'K o cl C. -S The foregoing instrument was acknowledged before me this L#) day of &e,, , 2017, by 1' � / /, Manager of Brogran LLC, on behalf of Brogran, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. (Notary Seal) Notary Public pro oao =zt Epp i�.•b -ts 17 December 26, 2018 Owasso Public Works Authority City of Owasso 200 South Main Street Brogran, LLC P.O. Box 53, Owasso, OK 74055 REBUILDING OWASSO ONE BRICK AT A TIME Owasso, OK 74055 Re: Redbud District Development and Financing Agreement by and between The Owasso Public Works Authority and Brogran, L.L.C. To Whom It May Concern - This letter shall serve as a construction schedule update to the Development and Financing Agreement between the Owasso Public Works Authority and Brogran, L.L.C. approved by the Owasso City Council on September 19, 2017, (hereinafter referred to as "the Agreement "). Pursuant to Section 5.05 of the Agreement, the completion date for the construction project was to be on or before December 31, 2018. Although the project is nearing completion, there still remain some outstanding items, and Brogran, L.L.C. requests an extension of the Agreement until March 31, 2019. The following items remain outstanding as of the date of this letter, and a timeline for completion for those remaining construction items are as follows: 1. Concrete is 90% complete and the remainder is scheduled to be poured by December 31, 2018, weather permitting. 2. Brick pavers are scheduled on the corner, along Main Street and along 1" Ave, and should be installed by January 31, 2019, weather permitting. 3. Striping for the parking lot is scheduled and should be complete by December 31, 2018, weather permitting. 4. Striping for the street parking will be scheduled once the contractor for the City is confirmed but should be complete by January 31, 2019, weather permitting. 5. Landscaping is scheduled to be installed in January, 2019, weather permitting. 6. Railing for the project will be installed once all concrete is complete. The railing is awaiting City approval and once approved will be manufactured and installed by February 28, 2019, weather permitting. 7. The Main Street Lofts are 100% complete. We are scheduling for inspections from the City, and once this occurs, power and gas can be turned on and final touchups and cleaning will begin. These lofts will be move in ready by January 31, 2019. 8. The 1" Ave Lofts are 80% complete and will be move in ready in late February, early March, 2019. 9. The Art In Bloom interior buiidout will be complete by January 15, 2019. 10. The exteriors of both buildings will be 100% complete by January 15, 2019. Renee' Mowery (918) 636 -1283 Steve Mowery (918) 639 -1869 www.downtownowasso.com moweryfamily @cox.net Br®gran, LLC P.O. Box 53, Owasso, OK 74055 REBUILDING OWASSO ONE BRICK AT A TIME The interior commercial spaces will be built out as tenants are signed and completion dates should not be included in the March 31" deadline. Brogran L.L.C. hereby requests a 90 day extension until March 31, 2019, to complete these outstanding items. All other terms and conditions of the Agreement shall remain the same and in full force and effect. Sincerely BROGRAN, L.L.C., an Oklahoma limited liability company F. Renee' Mowery, Manager Renee' Mowery (918) 636 -1283 Steve Mowery (918) 639 -1869 www.downtownowasso.com moweryfamily @cox.net PEAL Poopla •REAL Characlar • ftEAL Cominuniry TO: The Honorable Mayor and Council From: H. Dwayne Henderson, P.E. City Engineer Subject: Application for Surface Transportation Program Funds East 86th Street North /North 1181h East Avenue to North 128th East Avenue Rehabilitation Project Date: January 4, 2019 BACKGROUND: In December 2018, the Indian Nations Council of Governments ( INCOG) opened applications for the FY 2022 Surface Transportation Program (STP) funds. These funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. Until last year, road rehabilitation and reconstruction projects scored together, with the higher scoring projects being successfully funded. Reconstruction projects traditionally scored higher because the scoring favored projects in high growth areas. Last year, INCOG opened a section of scoring for street rehabilitation projects. These projects will not be scored the same as capacity improvement projects, such as East 76th Street North Widening and Garnett Road widening, due to their smaller budget needs. Rehabilitation projects are limited improvements within the existing road right -of -way, so the environmental impacts are minimal compared to a road widening project increasing capacity. East 86th Street North from North 118th East Avenue intersection to North 128th East Avenue Intersection is a project that qualifies for these funds. The original project was constructed in 1989 -1990 as part of a State Transportation Program project to widen East 86th Street North when the road was a two (2) lane county road. The project was constructed with asphalt surfacing, which has withstood many years of large traffic volumes (as high as 26,000 vehicles per day) due to excellent construction of the subgrade and base material. However, after 28 years of service the asphalt surface needs replacement. Staff has targeted this section of roadway for a resurfacing project in the next few years as part of the annual street rehabilitation program. Staff prepared a conceptual cost estimate in 2017 to remove the surface course on this section of roadway and restripe the road as a road -diet complete street; however, the project did not make the 2018 -19 street rehabilitation project list. STP FUNDS: INCOG administers the grant funding and has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet federal regulations, help advance the Regional Transportation Plan through safety improvements, and reduce traffic congestion. Proposed projects are evaluated for eligibility and prioritized based on a 100 -point rating system. While the two project categories (rehabilitation and capacity improvements) are scored and prioritized separately, they both compete for the total funding amount available. The total funding for projects is $15,000,000 for the FY 2021 -2022 funding year. $6,000,000 is designated to the Gilcrease Expressway implementation, which leaves $9,000,000 for remaining projects. Of the $9,000,000, $450,000 is set aside for Intelligent Management System projects; $1,800,000 for System Preservation Projects; and $6,750,000 for Capacity Improvement projects. On November 28, 2018, INCOG solicited for STP funding applications with a submittal deadline of February 15, 2019. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: Similar to the process utilized in obtaining federal funding assistance for previous STP projects, such as East 761h Street North Widening improvements, a resolution is necessary in order to complete the application process. The application will request federal funding assistance for the construction of the roadway improvements. If this project is selected in spring 2019, the funding for construction will be targeted in FY 2021 -2022 or sooner, depending on funding availability. CONCEPTUAL COST SUMMARY: East 86th Street North is considered a primary arterial in Owasso. The roadway is heavily used and conveys residential, commercial, school and commuter traffic to and from Owasso. The proposed work for this section of roadway is to remove the surface course of pavement and replace it with a new surface course. The pavement will be restriped. The intersection at the offset North 123rd East Avenue will get new components in the signalization controller to utilize radar vehicle detection for the signals versus cutting loops in the asphalt. Based on the conceptual cost estimate, the anticipated cost for construction of the proposed roadway improvements is listed below. Construction administration (testing, inspection and administration of pay applications) is equal to 15% of the construction fee. Budgeting another 15 %, for engineering, surveying and geotechnical exploration, the estimated total project cost is $1,352,000. If authorized by the City Council, the city will pay for engineering design locally and request ODOT funding to contribute towards construction. ODOT funding for this project would be through the Surface Transportation Program, which would fund 80% of eligible construction costs, while the local government would fund 20 %. Based upon this information, the following is a project estimate: Estimate ODOT Portion City of Owasso Construction $1,040,000 $832,000 $208,000 Administration $156,000 $124,800 $31,200 Utility Relocation N/A N/A N/A Right -of -way N/A N/A N/A Engineering $156,000 N/A $156,000 Total Project Cost $1,352,000 $956,800 $395,200 PROPOSED ACTION: An item has been placed on the January 8, 2019 Work Session for discussion. Staff anticipates an item on the January 15, 2019, City Council agenda seeking consideration and action regarding a resolution requesting ODOT to consider the construction phase of the East 861h Street North Street Rehabilitation Project as a candidate for federal funding assistance through the Surface Transportation Program. ATTACHMENTS: Resolution - Draft Location Map CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2019 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE A RESOLUTION SUBMITTING AN APPLICATION FOR FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE EAST 86TH STREET NORTH, NORTH 118TH EAST AVENUE TO NORTH 128TH EAST AVENUE, RESURFACING PROJECT «< WHEREAS, Surface Transportation made available for transportation im Management Area; and WHEREAS, The City of Owasso he rehabilitation of East 86th Street North, Avenue, Resurfacing Project, Owasso, Ok WHEREAS, the selected including applicable Major Transportation Plan; and WHEREAS, the: en€ participation under�$he t( Equity Act: A Leg&cy for Urbanized Area funds; -,ai ($956,800); and of WHEREAS, the State of Oklahoma to City after completion, Area funds have been ie Tulsa Transportation :ted a project described as follows: the 118th East Avenue to.North 128th East the local comprehensive plan, =_. Element, and the Regional preliminary estimate of, cost it$1,352,000, and Federal the Safe AcFduntable` Flexible, Efficient Transportation >AFETEA LU),relating to Surface Transportation Program by request""( for funding of 71% of the project cost sso �praposes %'to provide municipal funding in the of the project costs; and will arrange a qualified Engineer licensed in the nal services in the preparation of detailed plans, )wasso agrees to provide for satisfactory maintenance the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within thirty (30) days after approval by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED: That the Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area; and BE IT FURTHER RESOLVED: That upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the some to the Federal Highway Administration for its approval. NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. ADOPTED this _day,of , 2019. Mayor ATTEST: Juliann M. Stevens, City Approved As To Form: Julie Lombardi, City Attorney vo REAL RenpIO�REALC rider -HEAL Lpmmunlry TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Endorsing the Tulsa Regional Chamber 2019 OneVoice Legislative Agenda DATE: January 4, 2019 BACKGROUND: The OneVoice Legislative Agenda is the regional advocacy effort of the Tulsa Regional Chamber. The agenda is developed through the collaboration businesses, chambers of commerce, municipalities, counties and economic development organizations. Task forces meet throughout the summer to create a list of top legislative priorities. The top priority from each task force area is automatically placed on the annual OneVoice Agenda, and each task forces' remaining priorities are presented for consideration at the OneVoice Regional Legislative Summit. The Summit occurred on October 4, 2018 and attendees were tasked with additional discussion of the identified issues and voting on the remaining priorities in order to create the complete agenda. Between task forces and the annual OneVoice Regional Legislative Summit, Owasso city staff joined more than 500 individuals who participated in their respective areas of expertise to solidify the 2019 Agenda. This document not only becomes a tool to communicate a call to action, it showcases a collaborative effort and has proven to be a critical force with state and federal lawmakers to advance issues which impact businesses and communities throughout northeast Oklahoma and the entire state. A vital part of the OneVoice process is the endorsement of the agenda by all community partners and local government entities affiliated and involved in the development of the agenda. The Tulsa Regional Chamber of Commerce has requested the City of Owasso join more than seventy other entities and endorse their 2019 Regional Legislative Agenda. 2019 REGIONAL LEGISLATIVE AGENDA: The 2019 OneVoice Agenda has a wide array of focal points inclusive of both private and public interests. The 15 established 2019 State Priorities are: • Address the Teacher Shortage • Broaden and Protect Health Coverage • Comprehensive Education Funding Plan • Fund Behavioral Health Services • Medical Education Funding • Restore College & University Funding • Eliminate Exemptions to 811 One Call Program • Support Critically Needed Transportation Funding • Support Regional Water Policy • Criminal Justice Reform • Support Economic Incentives • Fund Oklahoma Center for the Advancement of Science and Technology • Municipal Funding Diversification • Self- Determination in Facility Firearm Policies • Improve Startup, Early- Stage, and Small Business Incentives The 15 established 2019 Federal priorities are: • Fund the Corporation for National and Community Service (Ame(Corps) • Federal Health Care Reform • Support and Fund Middle Skill Job Training • Protect Federal Nutrition Programs • Reform Federal Financial Aid • Expand Pell Grant Eligibility to Short -Term, Industry- Driven Training • Support Arkansas River Corridor Development • Increase Appropriations for the McClellan -Kerr Arkansas River Navigation System • Fund Construction of Improvements to the Tulsa Levee System • Eliminate Barriers to Greater Use of Natural Gas • Federal Criminal Justice Reform • Maintain Federal Historic Tax Credits • Maintain Funding for Environmental Protection Agency's Brownfields Program • Reduce Small Business Cost to Provide Health Care • Support Funding for Economic Development Programs REQUESTED ACTION: An item has been placed on the January 8, 2019 Work Session agenda to discuss the Tulsa Regional Chamber's request for the City of Owasso to endorse the 2019 OneVoice Legislative Agenda. ATTACHMENT: Summary of Priorities (Tulsa Regional Chamber 2019 OneVoice Legislative Agenda) A oneVoice regional business advocacy 2019 Regional Legislative Agenda State Priorities EDUCATED AND HEALTHY WORKFORCE Address the Teacher Shortage Improve the ability of Oklahoma's Pre -K -12 public schools to attract, retain and return effective career teachers through policies designed to increase the state's pool of qualified teachers and improve teachers' job satisfaction. This should include: a) Incentives, such as tax breaks and student loan forgiveness, and regionally- competitive salaries to establish teaching as a desirable profession; b) Mandate and fund additional instructional professionals and staff support forteachers in classrooms, such as paraprofessional educators; c) Incentive pay for special education teachers and teachers in high -need districts; d) Incentivizing education for aspiring teachers through higher education programs, emphasizing STEM (science, technology, engineering and math) educators; e) Supporting professional development through state and local services; f) Reduce class sizes, and; g) Improving classroom resources and supplies. Oklahoma's ability to fill its growing teacher shortage with quality, effective teachers is crucial to the postsecondary and career success of Oklahoma students and the sustainability of the state's workforce. Broaden and Protect Health Coverage Broaden and protect health care coverage by capturing all available state and federal funds for the Oklahoma Health Care Authority. Comprehensive Education Funding Plan Support a comprehensive multi -year plan to meet current and future workforce needs by investing in the state's public education systems and establishing Oklahoma as a national leader in early childhood, K -12, CareerTech and higher education. This should include competitive per -pupil funding and multi -year, dedicated, sustainable revenue. This would allow educational institutions to innovate and plan for the future. Fund Behavioral Health Services Prioritize funding for the Oklahoma Department of Mental Health and Substance Abuse Services to restore recently -cut services and allow for new innovations in prevention, treatment and services. Such investments will increase business' access to healthy workers, boost employee productivity, improve student and youth outcomes, save money in the criminal justice system and enable more Oklahomans to contribute meaningfully to the economy. Voice regional business advocacy 2019 Regional Legislative Agenda Medical Education Funding Maintain physician training funding for the state's two largest medical schools in the base budgets of the Oklahoma Health Care Authority or university medical authorities. Without state support of at least $62 million annually, the loss of federal Medicaid funds would threaten the core activities of the University of Oklahoma Health Sciences Center and the Oklahoma State University Centerfor Health Sciences. These institutions are critical to health of Oklahomans. In addition to providing care to one third of the state's Medicaid patients, they drive economic development and serve as the state's primary physician- training engines. Restore College & University Funding Restore funding for higher education to make salaries competitive forfaculty and staff, support college completion efforts, and keep tuition affordable for students and families. Higher education has absorbed the majority of overall state budget cuts in recent years, and Oklahoma ranks as the nation's highest for per -pupil cuts to higher education since 2008. This has resulted in layoffs, fewer courses and degree programs, larger class sizes and increasingly non - competitive pay for faculty and staff. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS Eliminate Exemptions to 811 One Call Program Support the elimination of all exemptions to Oklahoma's One Call Program (Call 811 Before You Dig). Eliminating the exemptions to the One Call Program strongly promotes pipeline and underground utility safety. In previous years, the legislature removed the exemption, for cities and counties. However, railroads, certain agencies and other stakeholders utilizing mechanized excavation equipment and other digging devices are still exempt from contacting the One Call program before they dig. Exemptions from the One Call program contribute to underground utilities incidents, threatening the safety and welfare of our fellow Oklahomans. This is especially important for the safety of the workers who are excavating without prior knowledge of what is below the ground. Support Critically Needed Transportation Funding Continue to improve our roads, bridges and return our streets and highways to a state of good repair by fully funding the Oklahoma Department of Transportation's Eight Year Plan and the County Improvement for Roads and Bridges Five Year Plan. Prioritize restoring all statutory allocated fuel tax revenue and motor vehicle fees to transportation projects including state highways, city and county roads and bridges, and public transit. Regional high - priority projects which can only be addressed through adequate funding include: widening of 1 -44 from 1 -244 east to the Will Rogers Turnpike; widening 1 -44 from the Arkansas River west to 1 -244 (Red Fork Expressway); expansion of U.S. 169 to six lanes north to State Highway 20; construction of a four -lane Port Road on Highway 266 from U.S. 169 to the Port of Catoosa, and from the Port of Catoosa to 1 -44; expansion of US -75 to six lanes from State Highway 11 to State Highway 67; State Highway 20 bypass in Claremore; and high capacity expressway to expressway interchanges between 1 -44, US -169 and SH51. s oneVoice regional business advocacy 2019 Regional Legislative Agenda Support Regional Water Policy Show strong support for appropriate water conservation practices, incentives, and educational programs to moderate statewide water usage while preserving Oklahoma's population growth and economic development goals. Additionally, support legislation regarding Oklahoma's water law and regulations that ensure a balance among commercial, residential, recreational and agricultural interests. Oklahomans have made significant investments in reliance on existing supply agreements, and the state should continue upholding the principle that its abundant water supplies —both surface and groundwater —are to be efficiently developed, used, reused, conserved, and enjoyed. This will guarantee future availability and financial sustainability for ratepayers, municipalities and rural water districts. ENSURING A PROSPEROUS ECONOMY Criminal Justice Reform Strengthen alternatives to incarceration and support reforms in sentencing, reentry and rehabilitation that safely reduce the prison population and enable nonviolent offenders to reenter the workforce. This should include investments in treatment and early- diversion efforts for individuals suffering from mental illness and addiction, as well as structural changes in the criminal justice system. Fully implementing recommendations such as those proposed by the Oklahoma Justice Reform Task Force is necessary to reduce the state's prison population. These smart-on -crime reforms would improve community safety, reduce recidivism, lessen the burden on prisons and safety net programs and enable more ex- offenders to contribute meaningfully to Oklahoma's economy. Economic Incentives Support tax credits, exemptions and incentives that provide an economic return to the state of Oklahoma, maintain competitiveness in business attraction and retention, and increase capital investment. Several programs proposed for review by the Oklahoma Incentive Evaluation Commission are critical to the state's competitiveness and should be protected, including the Historic Rehabilitation Tax Credit, all Quality Jobs programs, the Quality Events Program, the Film Enhancement Rebate, the Automotive Engineering Tax Credit, Small Business Incubator Tenant Credit and the Oklahoma Seed Capital Fund. Fund OCAST (Oklahoma Center for the Advancement of Science and Technology) Increase OCAST's annual budget to fund more approved projects and capture additional matching funds from the private sector. With 85 approved but unfunded OCAST projects in 2018, $312 million in potential public - private investment was left on the table for growing and diversifying Oklahoma's economy and building the tax base. OCASTfunding assists Oklahoma in four vital areas: (1) research and development funding for businesses & universities, (2) two- and four -year college internship opportunities, (3) manufacturing support, and (4) early -stage funding for start-up businesses. • i� Voice regional business advocacy 2019 Regional Legislative Agenda Municipal Funding Diversification Support legislation that removes barriers to allow municipalities to reduce costs, operate efficiently, and diversify sources of revenue available to municipalities for operating revenue. Key initiatives include diversifying revenue forfunding public safety agencies, streets, and other infrastructure improvements; and preserving and strengthening cities' authority to promote economic development activities within their borders. Self- Determination in Facility Firearm Policies While supporting the rights granted by the Second Amendment, protect the current law giving venue owners, event operators, and recreational facilities the authority to control firearm policies on property they manage. Removing this control would endanger Oklahoma's ability to attract events that bring thousands of visitors and millions of dollars into our economy each year. Many events — especially in youth and collegiate sports —have non - negotiable firearm policies and removing the controls under current law would limit facility operators' ability to ensure the safety of their events, increase the cost of providing security, could subject them to additional liability, and would lose that state hundreds of millions of dollars. Startup, Early -Stage & Small Business Incentives Improve state incentives for high - growth startup, early -stage and small companies through new rebates or credits, or amended existing programs. This could include increasing access to the Small Employer Quality Jobs Program by easing the program's unattainable out -of -state sales requirement. State incentives should support a continuum of growth for companies from inception to established small business. one,Voice regional business advocacy 2019 Regional Legislative Agenda Federal Priorities EDUCATED AND HEALTHY WORKFORCE AmeriCorps funding Fully fund and enhance the Corporation for National and Community Service, which supports local schools and nonprofit organizations with vital resources and manpower through AmeriCorps programs. Each year, these programs leverage $35 million in federal and local funding to deploy approximately 1,000 AmeriCorps members in over 50 school districts and 100 nonprofits in Oklahoma to supplement school services and provide unique educational experiences to local children. Federal Health Care Reform Refrain from changes to the structure and financing of Medicaid that would increase Oklahoma's uninsured rate and would transfer federal risk and costs to Oklahoma taxpayers. However, remain open to innovations that decrease employer- sponsored and individual health insurance costs. As the largest private employment sector in Oklahoma, health care and social assistance services make up hundreds of thousands of jobs, with Medicaid alone serving more than one million Oklahomans — two in three of whom are children — every year. Middle -Skill Job Training Support efforts to meet industry needs for skilled workers in jobs that require training beyond high school but not a four -year higher education degree. This should include funding the Workforce Innovation and Opportunity Act at the level recommended by Congress as reauthorized in 2014, and increasing funding for the Work Opportunity Tax Credit (WOTC) while expanding this program's support to include apprenticeships and other work -based learning. In addition, reduce barriers for hiring veterans under the WOTC. Protect Federal Nutrition Programs Maintain the structure, financing and eligibility criteria of federal nutrition programs under the USDA, which benefit Oklahomans' health, family stability and educational attainment. The Child and Adult Care Food Program; Free and Reduced School Breakfast and Lunch (including the Community Eligibility Provision); the Summer Food Service Program; Supplemental Nutrition Assistance Program (SNAP); and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); are all critical toolsfor combating food insecurity and preventing chronic disease, obesity, delayed early childhood development, absenteeism in schools, school behavioral issues, and lower academic achievement. Reform Federal Financial Aid Support the reform of federal financial aid eligibility to improve access to higher education for all Americans. This should include: a) Increasing funding for the Pell Grant program and oppose attempts to cap per- student grants; b) Improve FAFSA outreach and education; cu-i., eVoice regional business advocacy 2019 Regional Legislative Agenda c) Allow short-term, industry- driven training programs to qualify for federal financial aid; d) Expand student loan forgiveness programs, particularly for graduates in high- demand occupations with workforce shortages; and, Simplify and streamline the financial aid application process. Support Pell Eligibility for Short-Term, Industry- Driven Training Expand Pell Grant eligibility to short-term, industry- driven training at higher education and vocational - technical clock -hour institutions. Pell Grant eligibility is currently limited to programs covering 16 credit hours or 600 clock hours. This restriction was established before shorter -term credentials were as imperative for industry as they are today. Removing this restriction would help to build a much - needed worker pipeline for Oklahoma's companies. However, current Pell funding for students in postsecondary programs should be protected. In addition, continue support and recommend permanently reinstating Second Chance Pell funding. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS Arkansas River Corridor Development Support efforts to expedite the implementation of the Arkansas River Corridor Project for river infrastructure improvements. Allow federal match credit to be accrued for state and local expenditures in order to advance construction activity while preserving the Tulsa region's access to future federal funding for this federally authorized project. McClellan -Kerr Arkansas River Navigation System Increase Congressional appropriations to address the approximate $153 million in maintenance backlog of MKARNS —$139 million of which is deemed critical — potentially leading to a shutdown of the waterway over the next five years. Also address the White River Entrance Channel Cut -off problem caused by the tendency of the White and Arkansas Rivers to merge together during flooding. Failure to correct this issue will lead to a loss of navigation on the entire system. Finally, provide the necessary appropriations to deepen the MKARNS to its 12 -feet authorized depth, thereby increasing barge productivity by 30 percent. Ensure anyfederal comprehensive infrastructure package includes funding for this issue. Tulsa's Levee System Continue to support addressing the critical infrastructure needs with Tulsa's aging levee system, which the Corps of Engineers has designated as one of the five percent highest -risk levee systems in the country. Through emergency legislation, Congress appropriated $3 million for the Corps to develop a plan for addressing the structural deficiencies, but securing funding for the project itself should remain a top priority. If one levee fails, it would be catastrophic for homeowners, two nationally strategic oil refineries, multiple industries currently protected by the system, and have devastating environmental impacts for our region. Ensure any federal comprehensive infrastructure package includes funding for this issue. e oneVoice regional business advocacy 2019 Regional Legislative Agenda ENSURING A PROSPEROUS ECONOMY Eliminate Barriers to Greater Use of Natural Gas Support measures to reduce or eliminate barriers to greater use of American - produced natural gas, including CNG, LNG, GTL and NGLs. Oklahoma is the third - largest producer of natural gas in the United States, and the Department of Energy should facilitate full development of this resource to strengthen the country's national security, economic outlook and geopolitical position in the world. DOE action on this initiative has the potential to significantly increase the Tulsa region's job creation In the production and manufacturing sectors. Federal Criminal Justice Reform Reform national criminal justice systems to emphasize rehabilitation and restorative justice. Restore full funding for the Second Chance Act, reinstate funding for the Justice Reinvestment Initiative and continue to support sustained funding for the Mentally III Offender Treatment and Crime Reduction Act. In addition, support evidence -based reforms such as removing mandatory minimum sentences, instituting risk -and- needs assessments, and improving prison -based rehabilitation programs. Smart on crime reforms will ease workforce shortages, save taxpayer money, improve public safety and lead to better pathways for ex- offenders to contribute meaningfully to their local economies. Federal Historic Tax Credits Maintain federal Historic Rehabilitation Tax Credits for the restoration of historic buildings. These credits have for 30 years been an important catalyst for incentivizing private investment to preserve the nation's historically significant buildings and revitalize the historic cores of American cities. The existing 20 percent income tax credit for certified historic structures and 10 percent credit for certain noncertified historic structures should be preserved. Additionally, support the School Infrastructure Modernization Act, which expands the tax credit to include historic school buildings that still operate as an educational institution. Maintain Funding for EPA Brownfields Program Encourage Congress to maintain, or even increase, current funding levels for the EPA's Brownfields Program. Federal funding for rehabilitating brownfields sites is vital for Oklahoma's communities to address core environmental challenges, and reopen land for successful economic development and growth. Small employer health care concerns Minimize the regulatory burden on small and medium employers under the Affordable Care Act and support efforts to reduce these employers' cost of providing health care. This should include reducing legal and administrative barriers to the creation of association health plans, such as those once housed by chambers of commerce; making permanent the repeal of the Health Insurance Tax; and exploring ways to avoid applying large- employer health insurance requirements to small -scale owners who operate separate small businesses in good faith. �1 /_ is -1' regional business advocacy 2019 Regional Legislative Agenda Support Funding for Critical Economic Development Programs Strongly support (or oppose efforts to cut) targeted economic development funding for programs that have proven to be effective and beneficial to the Tulsa Region. These include the Economic Development Administration (EDA) grants for infrastructure and planning and the Manufacturing Extension Partnership (MEP), a program under the U.S. Department of Commerce's National Institute of Standards and Technology. MEP partners with the Oklahoma Manufacturing Alliance (OMA) to help small and medium -sized manufacturers create and retain jobs, improve overall business resilience and increase bottom line performance. The program returns $65 for each $1 invested in new sales for Oklahoma manufacturers, and OMA ranks in the top three MEP centers in the United States. Assure OMA funding remains at current levels or higher in its partnership with MEP.