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HomeMy WebLinkAbout2019.09.10_Worksession AgendaThis meeting Is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY (OPWA) / OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers, Old Central Building R 109 North Birch, Owasso, OK 74055 Regular Meeting S�p CF /VLCO Tuesday, September 10, 2019 - 6:00 pm C /er�OS ?O, 1. Call to Order '9 Mayor /Chair Chris Kelley s 2. Discussion relating to the installation of communication towers for Fire Station No. 2 a d No. 3 Andrew Neyman 3. Discussion relating to Economic Development items Chelsea Levo -Feary A. Annual Report - Economic Development Strategic Plan (EDSP) B. Proposed Resolution - Incentive Policy Application Fee 4. Discussion relating to a proposed change order to the construction contract for the Redbud Festival Park Larry Langford 5. Discussion relating to Community Development items Brian Dempster A. Request for the rezoning of approximately 0.24 acres, located at 202 East 3rd Street - (OZ 19 -04) B. Request for a Planned Unit Development (Parker Village) and rezoning of approximately 57 acres, located northeast of the East 106th Street North and North Gamett Road intersection - (OPUD 17 -01 A and OZ 19 -05) C. Request for a Specific Use Permit (Time to Shine Car Wash) for approximately 4 acres, located at 11515 East 961h Street North - (SUP 19 -01) D. Proposed contract - 2019 Community Development Block Grant (CDBG)funding for Hale Acres Sanitary Sewer Improvements E. Proposed amendment to the Real Property Lease, dated June 19, 2001, between the City and Owasso Land Trust, LLC 6. Discussion relating to Public Works Department Items Roger Stevens A. Proposed Supplemental Agreement with the Oklahoma Department of Transportation - East 76th Street North Roadway Improvement Project from US 169 to North 1291h East Avenue B. Review bids for the Public Works Department Building Renovation project- OPWA Discussion relating to a proposed Owasso Public Works Authority budget amendment - Series 2019 Promissory Note to the Oklahoma Water Resources Board Jennifer Newman 8. Discussion relating to City Manager items Warren Lehr A. Proposed changes to the Personnel Policy- Vacation and Sick Leave B. Monthly sales tax report C. City Manager report Owasso City Council, OPWA & OPGA September 10, 2019 Page 2 9. City Councilor/Trustee comments and inquiries 10. 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 South Main Street, at 6:00 pm on Friday, September 6, 2019. J 106 M. Stevens, city�Gerk The City of Owasso encourages citizen participation. To request an accommodation due to a disobillhy contact the City Clerk at ieast48 hours prior to the scheduled meeting by phone 918-376-1502 orby email to istevens ®citvofowasso com s� C9, LPeopl -,, CI ,c REALCOmmunlly TO: The Honorable Mayor and City Council FROM: Andrew Neyman IT Department SUBJECT: Communications Tower Project DATE: September 6, 2019 PROPOSED PROJECT: The installation of 100' communications towers at Fire Station 2, located at 201 South Cedar, and Station 3, located at 9990 North 145th East Avenue; and, Microwave based network link between Fire Stations 2 and 3. BACKGROUND: The IT department is tasked with providing stable computer network and telecommunications connectivity for each Fire Station. In recent years, growth of trees in the area of Station 3 has negatively impacted connectivity. Trimming of the trees would only offer a temporary solution. To remedy the connectivity problem, staff conducted a thorough review of current technologies and recommends a microwave radio based network link between Station 2 and Station 3. Microwave based network links are a proven technology currently being utilized for all network connectivity at the remaining fire stations. In order to ensure the required line of sight for the proposed microwave link, a new 100' communications tower will be installed at Station 3, and the existing wooden monopole tower at Station 2 will be replaced with a new 100' communication tower. Both new towers will be free standing, metal three leg, cross braced structures. This is the same type of tower currently utilized at Station 4. These afford the least visual impact for the public, maximum cost effectiveness, and a long -term life span with minimal maintenance. BID PROCESS: The State of Oklahoma Office of Management and Enterprise Services awarded State Contract IT SW 1027 for communications towers to JTS of Dallas, Texas. Staff contacted JTS and received a State Contract price quote of $119,151,82 for both 100' towers, if installed at the some time, or $75,553.62 each, if installed separately. FUNDING: Funding for this project is included in the FYI General Fund budget. ACTION REQUESTED An item has been included on the September 10, 2019, worksession agenda for additional discussion. REAL Paoplo • REAI Character • REAL Community 1 OW6 ANNUAL REFO RT ECONOMIC DEVELOP MENT STATEGIC FLAN 2019 r72S—d REV.PoOq�•PPXthu.aa•wu CammunW Economic Development Strategic Plan Annual Report Table of Contents Owasso's Economic Development Strategy ............................. 2 STRENGTHENING OWASSO'S VALUE PROPOSITION ............... 3-5 WorkforceOwasso ........................ ............................... 3 Incentives Guide & Policy .................. ............................... 4 Site & Building Development .............. ............................... 4 Advocacy.................................... ............................... 5 GROWING & RECRUITING BUSINESS TO OWASSO ................ 5-7 Medical Cluster Development & Expansion ............................ 5 Expand & Attract Business ................. ............................... 6 Entrepreneurship & Incubation ............ ............................... 7 MARKETING OWASSO .................... ............................... 7-8 OwassoIdentity ............................. ............................... 7 Owasso's Online Presence ................. ............................... 8 Year in Review / What's on Deck ........ ............................... 9 Acknowledgements ......................... ............................... 10 1 Owasso Economic Development Strategic Plan Annual Report THE STRATEGY PLAN PURPOSE Owasso is one of the most desirable communities for residents in the Tulsa region. Quality housing and robust retail growth have been a focus for community leaders. To sustain growth of retail and lifestyle amenities, it is important to intentionally work on a more developed community to accommodate opportunities for not only living and playing in Owasso, but also quality employment opportunities. Employment in basic industries - those industries that bring new wealth in a community by selling a product or service outside the region - pay higher wages for skilled workers. Basic industries located in Owasso increases daytime population so that more money is spent locally for retail, restaurants and local services. The purpose of this plan for Owasso economic development efforts is to strategically invest resources so that we sustain and perpetuate opportunities for Owasso citizens. By diversifying job opportunities Owasso will suffer less negative impact from cyclical economic challenges. We also value how the community can be involved and informed in these efforts. Our vision is for all pieces to really work together — to communicate and collaborate. This plan is not a city government plan; it involves teams of committed partners making a positive impact for growing Owasso's economy collectively. STRATEGIC INITIATIVES The Owasso Economic Development Strategy encompasses nine strategic initiatives, organized into three related categories: 2 Owasso Economic Development Strategic Plan Annual Report STRENGTHENING OWASSO "S VALUE PROPOSITION During the planning process, the Competitiveness Assessment and subsequent focus groups with local employers revealed gaps and liabilities in Owasso's asset offerings that are critical to Owasso's success in growing and attracting businesses in Owasso. If these issues are not addressed, the work of the other two strategic initiative categories will encounter more obstacles and waste resources. WORKFORCE OWASSO GOAL Network of employers, resources and service providers for recruiting and retaining a workforce of excellence in Owasso, Oklahoma. WHY IMPORTANT? Local employers provided resounding input on the critical factor of attracting and retaining skill and unskilled candidates to work at their Owasso operations. By convening "Workforce Owasso" it not only demonstrates proactive efforts for listening to employer needs, but also shows that Owasso is interested in acting on solutions that support employer needs. Nationally, talent is the leading driver for business growth and competitiveness through innovation. Communities that are focused on helping local employers access talent, as well as partner on upgrading skills, are growing through talent capacity. These communities are also gaining attention outside of the marketplace as potential areas for new locations because they are addressing employer talent needs. 2018 -19 HIGHLIGHTS ,J�r�, Started Workforce Owasso program with monthly meetings -JII Working with Tulsa Transit and Grand Gateway on potential bus lines for employers and Tulsa Tech campus Jar . Partnered with Owasso-Public Schools to start a Career Explorations Program Jeri Added bi- monthly programming to meetings for value -added content for employers METRICS — WORKFORCE OWASSO PROCESS METRICS Q Establish "Workforce Owasso" Q Assemble workforce resources OUTCOME METRICS Q 15 employers engaged in Workforce Owasso (2.5% of Owasso businesses) Q 7 service providers engaged in program Q Collecting employer and service provider testimonials of resources received since program started 5? a3hJs' HAS BENEFITED TREMENDOUSLY THROUGH WORKFORCE OWASSO FROM RECEIVING A WEALTH OF KNOWLEDGE, ASSISTANCE AND SUPPORT THROUGH PARTNER REFERRALS, INCENTIVE PROGRAMS, AND TRAINING AND DEVELOPMENT IN IMPROVING OUR CURRENT WORKFORCE CHALLENGES, WHILE KEEPING IN MIND OUR FUTURE WORKFORCE NEEDS FOR OUR CONTINUED BUSINESS SUCCESS. Julie Brugger, Director of Human Resources NSP Proteins Owasso Economic Development Strategic Plan Annual Report INCENTIVES 'GUIDE & POLICY GOAL Establish incentive guidelines and policy. WHY IMPORTANT? Incentives can be a highly controversial topic for communities. Strategic communities utilize incentives as tools to close a deal — if it helps the community to achieve what economic growth they are trying to influence AND only if needed. The importance of this initiative is to thoughtfully consider how incentives will help Owasso advance efforts towards what the community needs to achieve — for the short and long -term. Because we have limited resources, we want to make smarter investments utilizing these limited resources for maximum return on investment. 2018 -19 HIGHLIGHTS .34,r�. Researched incentives policies, procedures, and applications Jki ' Developed and implemented Economic Development Incentives Policy, Policy Guide, and Application METRICS — INCENTIVE_ GUIDELINES & POLICY PROCESS METRICS OUTCOME METRICS Q Summary Document of Research completed Q Published Incentive Guidelines and Policy Q Draft goals Q Implemented pre - application process Q Draft criteria Q Published Project- Incentive application Q OEDA review & recommendation Q City Council adoption SITE & BUILDINGS DEVELOPMENT GOAL Identify competitive sites ready for development and available buildings, all with complete information, to meet target prospect needs for industrial and office operations. WHY IMPORTANT? Businesses need a place to locate. They will locate expansions and new operations where they can meet their project timelines. This requires us to not only have complete information on available sites and buildings documented, we also need to have sites and buildings ready to meet their needs. By working on industrial and office parks proactively we will be better positioned to provide speedy client response and compete more effectively for investment and employment projects. 2018 -19 HIGHLIGHTS )Ire Created a property database available on ChooseOwasso.com METRICS — SITE & BUILDINGS DEVELOPMENT PROCESS METRICS OUTCOME METRICS Q Clear communications established with real Q Published database of available properties estate partners 4 Owasso Economic Development Strategic Plan Annual Report ADVOCACY GOAL Provide education and information about issues, policy, and laws affecting Owasso, Oklahoma. WHY IMPORTANT? Leadership across the community is concerned about the implications of policy for long -term economic health of Owasso and all Oklahoma cities. Current challenges with the state budget already draw attention to fiscal policy issues necessitating an update. Including this initiative in the Owasso Economic Development Strategy is a sign of true leadership to advance Owasso's future, so that we may be able to provide quality services for residents and businesses as we grow. 2018 -19 HIGHLIGHTS Ji +'+ Created Advocate Owasso, a forum for all citizens, area legislators, and advocacy groups to discuss issues affecting Owasso, meeting monthly on the first Friday of the month -Jiro Started hosting monthly "working" meetings with dignitaries and elected officials METRICS — ADVOCACY PROCESS METRICS Q Start Advocate Owasso program OUTCOME METRICS 0 Started hosting Dignitary "working" meetings (4) resulting in increased relationships, exposure, and projects ROI GROWING & RECRUITING BUSINESS TO OWASSO The initiatives in this category focus on three different avenues to expand basic industry employment and investment in Owasso by basic industries specifically. MEDICAL CLUSTER DEVELOPMENT & EXPANSION GOAL Establish Owasso as a destination for medical treatments and R &D to grow high - paying, sustainable jobs in Owasso. Position Owasso as nationally- recognized medical cluster and increase specialized services. WHY IMPORTANT? Owasso already has a strong and growing medical cluster anchored by two major hospitals. The medical field will always be in demand and rely on skilled positions with higher- earning opportunities. Local schools have programs in place (and developing more programs) to train workers for medical - related positions. Many communities, not just in the Tulsa region and throughout Oklahoma, but throughout the USA are targeting medical expansions as well. This initiative is important to allocate thoughtful and dedicated efforts to make Owasso stand out as a location for exceptional medical business growth. Owasso benefits beyond economic growth with this initiative as residents will also have access to the expanding services and programs. 2018 -19 HIGHLIGHTS Started meeting with both major hospitals -A# Identified medical cluster strengths and started marketing 5 Owasso Economic Development Strategic Plan Annual Report EXPAND & ATTRACT BUSINESS GOAL Retain existing businesses and recruit diverse, high - growth companies of targeted basic industries (metal manufacturing, aircraft parts, office /headquarters, information technology, and medical) in order to grow wealth and increase daytime employment in Owasso. WHY IMPORTANT? Taking care of existing businesses is like a business taking care of existing customers. Not only does this ensure that recruitment of new businesses to Owasso builds on the current economic base, but also satisfied local businesses can be important advocates and proof to prospective businesses considering an Owasso location. The importance of proactively retaining and recruiting targeted businesses is essential to transforming and evolving the growth of Owasso's economy. Being intentional in positioning Owasso's assets for, and in front of, targeted industries is a better use of marketing and economic development resources than a reactive approach for retaining and recruiting businesses choosing to locate in Owasso. 2018 -19 HIGHLIGHTS Inventoried and categorized Owasso businesses Partnered with Executive Pulse to track business activity through a customer relationship management (CRM) tool J °\ Designed & implemented BusinessTHRIVE, Owasso's Business Retention & Expansion Program Developed a plan for a program (Encore) serving Owasso's retired professionals METRICS — EXPAND & ATTRACT BUSINESS PROCESS METRICS OUTCOME METRICS Q Comprehensive database of existing Businesses Q Implement CRM tools for tracking business 61-0 activity to Q Create a BR &E program BUSINESSTHRIVE Q Assemble BR &E council Q Start business visits tetralzetaauai ?rymsctncaisosn!;ss BUSINESSTHRIVE 15 GOING TO MEET A GREAT NEED FOR OWASSO AND ITS SURROUNDING t'Yr BUSINESSES BY FILLING AN OFTEN OVERLOOKED SECTOR IN ECONOMIC DEVELOPMENT -- OUR EXISTING BUSINESS. BY SUPPORTING, MENTORING, AND LISTENING TO THOSE WHO HAVE ALREADY INVESTED IN OWASSO, THIS PROGRAM WILL HELP BUSINESSES IDENTIFY NEEDS, DISCUSS SOLUTIONS, AND SHARE WISDOM GAINED FROM EXPERIENCE, ALLOWING ALL OF OWASSO'S BUSINESSES' TO THRIVE. I ENCOURAGE ALL BUSINESS OWNERS AND THEIR MANAGEMENT TO ENGAGE IN BUSINESSTHRIVE. THE STRENGTH OF THIS PROGRAM WILL COME FROM ITS PARTICIPANTS AND ITS SUCCESS WILL BE A SUCCESS FOR ALL OF OWASSO. Todd Word, Vice President Commercial Lending RCB Bank Owasso Economic Development Strategic Plan Annual Report ENTREPRENEURSHIP & INCUBATION GOAL Develop and implement a structured program of entrepreneurship resources, including an incubator in the Redbud District, to foster start -up and fast- growing businesses in Owasso to stay here as they grow. WHY IMPORTANT? Entrepreneurs start businesses where they want to live. There are many reasons why people want to live in Owasso and this resident - attraction strength is an opportunity to leverage for business development through entrepreneurship. Often, where a company starts is where they continue to have a presence for the long run ... if they get the resources and assistance they need to expand and grow. The Competitiveness Assessment uncovered many entrepreneurship resources throughout the Tulsa region, but none of these resources are located in Owasso. There is a connection link that is needed to maximize the value of these resources for local businesses and entrepreneurs. 2018 -19 HIGHLIGHTS Monitoring Redbud District revenue for incubator funding -Jkri Exploring options for entrepreneurship program focus MARKETING OWASSO. In the era of robust information and immense competition in economic development, Owasso must tell its story to get attention. And the story must be authentic and clear so that it is understood, believable and memorable to stand out in the chatter of overwhelming media. OWASSO IDENTITY GOAL Define consistent identity for Owasso supported with relevant message and facts. WHY IMPORTANT? As a suburban community, it is valuable to leverage the known community of the region — Tulsa. Yet, there are many suburbs clamoring for attention and Owasso needs to define compelling, authentic and unique attributes to frame a cohesive and memorable identity for who Owasso is now and in the future. 2018 -19 HIGHLIGHTS Jiri Defined messaging and Owasso's value proposition -Ji+i This strategic initiative is completed METRICS — OWASSO IDENTITY PROCESS METRICS OUTCOME METRICS Q New identity imagery Id Design & message guidelines FA Owasso Economic Development Strategic Plan Annual Report OWASSO'S ONLINE PRESENCE GOAL Establish effective online presence for Owasso with information available "24 X 7" to save staff time. WHY IMPORTANT? Owasso has no economic development- specific website and limited social media accounts and messaging. The leading marketing tool for economic development marketing is a website that presents relevant data, case studies of local businesses, maps and other points of interest that influence business location decision- making. Not only is this the first place a business or site selector seeks information, it may be the only place information is gathered before a desktop screen of the community is made. No information available online may result in elimination of consideration. A website also serves as a place to house the most current information for staff to present to businesses and the community at- large. In turn, a website provides the information around the clock and saves time — for businesses, site selectors and staff. Regarding social media, increasingly businesses and site selectors are gathering news from these outlets. In addition, as a means to share information, relationships develop based on the value of that information and dialoguing. When a community is not participating in social media, there is a void that competitors can fill with news about their communities. 2018 -19 HIGHLIGHTS -Jjtt .' Researched, interviewed, and selected economic development developers 8. content managers Jl+ Launched ChooseOwasso.com in February 2019 METRICS — OWASSO'S ONLINE PRESENCE PROCESS METRICS Q URL purchased Q Site map for website developed Q Design completed for website Q Launch website OUTCOME METRICS Q Up -to -date website Q Social media account analytics Q Website visit analytics JSOUR ECONOMIC DEVELOPMENT STRATEGIC PLAN HAS PROVIDED UNITY OF PURPOSE AND CLARITY OF VISION FOR ALL CITY STAKEHOLDERS ON THE EXTREMELY IMPORTANT BUSINESS OF ECONOMIC DEVELOPMENT. CHELSEA LEVO FEARY HAS TAKEN ON THE LEADERSHIP OF IMPLEMENTING THE PLAN IN A MANNER THAT INSPIRES CONFIDENCE FOR THE CONTINUED AND FUTURE ECONOMIC GROWTH OF OWASSO. Warren Lehr, City Manager City of Owasso A YEAR OF HIGHLIGHTS J1r� Started Workforce Owasso program • Engaged 15 employers, 7 service providers, and Schools • Partnered with OPS on a Career Explorations Program (CEP) Jai ,_ Started discussion with Tulsa Transit about extending transit options for Owasso employers Ji+, Implemented an incentives policy document J1+'_ Created Advocate Owasso with a mission to become educated about legislation and legislative efforts to improve our community -Af Started inviting state dignitaries and elected officials to discuss local issues and tour Owasso Identified growth areas for our Medical Cluster Implemented a Code of Conduct for the OEDA J11'� Created BusinessTHRIVE, a BRU program Identified a way to help retirees' network, volunteer, and /or re -enter the business world Jkr'�, Identified a need and method to assist small businesses and entrepreneurs Launched ChooseOwasso.com, a full- service economic development website WHAT'S ON DECK -Ji+11, Engage Rejoice High School and Homeschool Co -ops in Career Exploration Program -JZr. Develop commercial site infrastructure improvement plans, identifying funding sources and Timelines Schedule an Owasso Day at the Capitol for Advocate Owasso ^J�r7 Survey for public input on advocacy issues -_)W, Industry cluster marketing Launch Encore Program Develop Small Business Assistance Program �Jtf%, Survey business industries -J�ra Start BusinessTHRIVE Industry Roundtable Meetings 7 Acknowledgements ,he Owasso Economic Development Strategy is more than a simple document. It is a living and active plan developed by an expansive list of engaged and committed leaders in our community. �. It is because of this tremendous leadership that we are able to take on bold and critically important initiatives laid out in this plan. OWASSO CITY COUNCIL Dr. Chris Kelley, Bill Bush, Doug Bonebrake, Lyndell Dunn, Kelly Lewis OWASSO CITY STAFF Chief Scott Chambless, Daniel Dearing, Brian Dempster, Michele Dempster, Larry Escalante, Earl Farris, Chelsea Levo Feary, Karl Fritschen, Chris Garrett, Dwayne Henderson, Marsha Hensley, Chief David Hurst, Lynda Jones, Larry Langford, Warren Lehr, Julie Lombardi, Jennifer Newman, Morgan Pemberton, Josh Quigley, Darlene Starks, Julie Stevens, Roger Stevens, Teresa Willson, Jason Woodruff OWASSO ECONOMIC DEVELOPMENT AUTHORITY Gary Akin, David Charney, Lyndell Dunn, Skip Mefford, Dominic Sokolosky, Dr. Bryan Spriggs, Dr. Dirk Thomas EDSP STEERING COMMITTEE Gary Akin, Brian Beam, Brian Bigbee, Dr. Leslie Clark, Lyndell Dunn, Dr. Amy Fitchner, Brian Dempster, Chelsea Levo Feary, Michael Gordon, Warren Lehr, Dr. Paul Loving, Keith Mason, Andy McMillan, Renee Mowery, Martie Oyler, Chris Phillips, Stan Sallee, Janet Smith, Dr. Bryan Spriggs, Julie Stevens, Roger Stevens, Brien Thorstenberg, Dr. Paula Willyard ADDITIONAL COMMUNITY LEADERS INVOLVED IN THE EDSP Robert Aery, Julie Brugger, Shelley Cadamy, Dr. Kathy Campbell, Shelly Casey, Margaret Coates, Jed Cochran, Kari Coulter, Tommy Coulter, Mike Craddock, Cornell Cross, Kathy Curtis, Sen. JJ Dossett, Emily Drake, Bill Emery, Brian Emery, Anne Foster, Tandy Groves, Art Haddaway, Kevin Harper, Spencer Hall, Rachel Hutchings, Jamie Hutchison, Brandon Irby, Joanna Jefferies, Lisa Johnson, Gabe Kalaf at, Matt Litterell, Nick Lombardi, Scott MacGregor, Keith Mason, Tom McPherson, DeAnne McWilliams, Matt Miller, Bill Murphey, Jimmy Newman, Rep. Monroe Nichols, Derek Osborn, Martie Oyler, Bob Parker, Kimberly Petty, Chris Phillips, David Phillips, Erik Reynolds, Tim Rich, Emily Robinson, Brand! Roper, Teri Ruggiero, April Sailsbury, Kate Schlichter, Pete Selden, Scott Shortess, Jennifer Smith, Stuart Solomon, Sheila Stringer, Cherie Stierwalt, Zach Stoycoff, Ramey Studebaker, Brien Thorstenberg, Rep. Mark Van Curen, David Vines, Brian Wallace, Todd Ward, Evan Wei -haas, Valerie Wei -haas, Evelyn Werner, Keith Whitfield, Bill Willson, Mike Wilson, Jennifer Workman, Keith Yorman ECONOMIC DEVELOPMENT PARTNERS Tadzo Consulting, Owasso Chamber of Commerce, Tulsa Regional Chamber, Indian Nations Council of Governments, Oklahoma Economic Development Council, Oklahoma Department of Commerce, Oklahoma Governor's Economic Development Marketing Team, University of Oklahoma Economic Development Institute, International Economic Development Council, Southern Economic Development Council, 365 Degree Total Marketing, GIS WebTech, Executive Pulse, Impact Data Source �- oil 10 s� REAC PoopIaRE�L CI aCtah REAL COmmunlly TO: The Honorable Mayor and City Council FROM: Chelsea Levo Feary, CEcD Economic Development Director SUBJECT: Economic Development Incentives Policy DATE: August 30, 2019 BACKGROUND: The Owasso City Council voted to adopt the Economic Development Incentives Policy on March 19, 2019. The purpose of this policy is to regulate the process that applicants follow when applying for economic development incentives from the City of Owasso, as well as to establish the consideration and approval processes for the City. Section 2 of the policy states a fee will be established with a resolution passed by the Owasso City Council for the Economic Development Incentive application process to afford the time and resources dedicated by the City to the review and consideration of economic development incentives. Staff proposed a $200 application fee during discussion at the March 12, 2019, Council worksession and has drafted a Resolution to establish the Economic Development Incentives application fee. An item has been placed on the September 10, 2019, worksession agenda for additional discussion. ATTACHMENTS: Draft Fee Resolution Economic Development Incentives Guide Economic Development Incentives Application CITY OF OWASSO, OKLAHOMA RESOLUTION 2079 -xx A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING AN ECONOMIC DEVELOPMENT INCENTIVE APPLICATION FEE AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Economic Development Incentives Policy was recommended by the Owasso Economic Development Authority on February 14, 2019 and approved by the City Council on March 19, 2019. WHEREAS, Section 2 of the Economic Development Incentives` Policy states that a fee shall be established with a resolution of the Owasso City Council for the Economic Development Incentive application process to afford the time and resources dedicated, by the City to the review and consideration of economic development incentives: < NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: lomic POLICY 03 -2019 OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA ECONOMIC DEVELOPMENT INCENTIVES POLICY STATEMENT SECTION 1 - PURPOSE The purpose of this policy is to regulate the process that applicants follow when applying for economic development incentives from the City of Owasso, as well as to establish the consideration and approval processes for the City. SECTION 2 - FEES A fee will be established with a resolution passed by the Owasso City Council for the Economic Development Incentive application process to afford the time and resources dedicated by the City to the review and consideration of economic development incentives. SECTION 3 - REVIEW AND APPROVAL Economic Development Incentive applications shall be submitted to the Economic Development Department where they will undergo an initial review process at the staff level. Next, applications will be presented, with the Economic Development Department staff's recommendation, to the Owasso Economic Development Authority (OEDA) for their review, discussion, and recommendation. Finally, applications will be presented, with the Economic Development Department's recommendation and the OEDA's recommendation, to the Owasso City Council for review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms set by the City Council. SECTION 4- TARGET INDUSTRIES The City of Owasso's Target Industries are metal manufacturing, aircraft parts, destination and /or research and development (R &D) medical, office /headquarters, and information technology. The identification of Target Industries is not intended to exclude other economic projects, SECTION 5 - "BUT -FOR" DETERMINATION The "But -For" Determination is the final test in determining whether to grant incentives to a company that is considering a relocation or expansion outside the community or cannot expand inside the community "but for" the incentive in question. SECTION 6 - DISCLOSURE STATEMENT The City will not consider any incentive unless the applicant submits a full and complete application and provides any additional information as requested by the City. The accuracy of the information provided in the application shall be verified by the City or its designees, which may include third -party consultants or entities with expertise in the field of economic development. Any information provided by the applicant in the course of the application process will be returned to the applicant upon completion of the review process. Any applicant who provides incorrect or incomplete information, or allows their representative to do so, either in the econornic incentive agreement application process or the annual compliance review of such an agreement, may cause the application to be declared null and void and shall be required to immediately repay the entire amount of the economic incentive agreement to the City of Owasso upon discovery of the false information. POLICY 03.2019 OWASSO CITY COUNCIL ECONOMIC DEVELOPMENT INCENTIVES POLICY STATEMENT Page 2 of 2 SECTION 7 - DUE CONSIDERATION In addition to the policy set forth above, the following provisions should be noted by any applicant /developer seeking economic development financial assistance or technical assistance from the City of Owasso: • The adoption of this policy by the City Council should not be construed to mean that the provision of financial incentives is inherently approved for any applicant and /or project that may be able to comply with the policy as set forth herein. Each project will be approached as an entity to be independently evaluated. • The City reserves the right to amend, modify, or withdraw this policy; revise any requirement of this policy; require additional statements, sworn affidavits or other information from any applicant /developer; negotiate or hold discussions with any applicant /developer /and or project which does not completely conform to this policy as set forth above; waive any nonconformity with this policy; eliminate this policy in whole or in part , and waive any timetables established by ordinance, resolution, or motion if the City deems it is in its best interest to do so. • Submission of an application for economic development assistance that complies with the spirit and intent of this policy does not commit the City to approval of the development /redevelopment project associated with said application. • The City may exercise the foregoing rights at any time without notice and without liability to any applicant, developer, and /or project or any other party for its expenses incurred in the preparation of an application for economic development assistance. The preparation of any such application and related costs associated with responding to the City in its review of such application shall be the sole responsibility of the applicant /developer. A PASSED AND APPRO)VVD this 19'h daypf March. 2019. (SEAL) APPROVED AS TO FORM: 6Vj 1 .�.41- Julie rombardi, City Attorney Mayor J ECONOMIC DEVELOPMENT INCENTIVES POLICY GUIDE & STANDARD OPERATING PROCEDURES S� CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL Paoplo AREAL Chnmcon 0.EALCOmmnniry TABLE OF CONTENTS POLICY GUIDE 1 -4 INTRODUCTION 1 How Incentives Work 1 Why are Incentives Good for Economic Development? 1 Definitions 2 CURRENTLY AVAILABLE GRANTS AND INCENTIVES 3 Federal Incentives 3 State Incentives 3 Local Incentives 3 Workforce Development /Training 4 Tribes 4 STANDARD OPERATING PROCEDURES 5 -10 SMALL BUSINESS PROJECTS 5 STEP 1 - Pre - Application Meeting 5 STEP 2 - Technical Assistance 5 NEW RETAIL PROJECTS 6 STEP 1 - Pre - Application Meeting 6 STEP 2 - Application Submittal 6 STEP 3 - Review and Approval Process 6 Tier 1 Review - Staff Review and Recommendation 6 Tier 2 Review - OEDA Review and Recommendation 6 Tier 3 Review - City Council Review and Final Action 7 Tier 4 Review - Annual Review for Compliance 7 PRIMARY BUSINESS PROJECTS 8 STEP 1 - Pre - Application Meeting 8 STEP 2 - Application Submittal 8 STEP 3 - Review and Approval Process 9 Tier 1 Review - Staff Review and Recommendation 9 Tier 2 Review - OEDA Review and Recommendation 10 Tier 3 Review - City Council Review and Final Action 10 Tier 4 Review - Annual Review for Compliance 10 APPENDICIES 11 -13 REAL Poopla • REAL Chemdor• REAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES INTRODUCTION POLICY GUIDE Economic development incentives are inducements - often in the form of financing, but sometimes in the form of services - meant to persuade companies to build new structures, purchase equipment, design new products, enter new markets, and above all, create new jobs in places where they would not have otherwise. Economic incentives play an important role for localities in developing their position for capital investment and job creation. Economic incentives are components of a government's toolkit designed to address various business needs in a competitive environment through job creation, job retention, and capital investment. How Incentives Work: Incentive programs must be designed to ensure a return on investment for a community and reflect local and regional economic objectives. From a business perspective, a company must assess the value of an incentive by analyzing the potential cost of locating or expanding at a particular site. When incentives include job training, grants, loans, and tax credits, costs in capital and operation are affected. The government's responsibility is to understand how far businesses will go to take advantage of incentives because the incentive must go to the applicant who maximizes its full potential. In order to ensure an incentive is a good economic investment and contributes to the productive potential, a thorough assessment, screening process, expected job creation, and program evaluation will be conducted, analyzed, and reviewed. The role of the public sector is to invest in ventures or projects where the economic and social benefits outweigh the risk of financing. The public sector should not supplant private sector financing. Why are Incentives Good for Economic Development? Incentives expand local employment opportunities and provide a competitive edge toward business attraction and expansion in locations that otherwise wouldn't be competitive. Employment expansion, personal income expansion, community income expansion and business revenues /sales expansions are the benefits from incentives within local economies. Once a new business facility has located and become operational, money will be spent directly on certain items, including: • Payroll • Service contracts with local vendors • Local purchases of supplies and equipment These expenditures set in motion a series of spending flows that affect many areas of a local economy. In this cycle, employees of local businesses begin to earn salaries and wages that will be spent on local goods and services from other businesses. The ripple effects of the activity are classified in three different areas: • Direct effects - Initial changes in employment, income, or output that trigger the first round of spending (i.e. the value of a firm's initial change in payroll or production) • Indirect effects - Changes in employment, income, or output in subsequent rounds of re- spending that arise through purchase from local supplier industries (inter- industry purchases) IIPage CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL PavDIv.REALChvncbr•REAL COmmuniry POLICY GUIDE • Induced effects - When payrolls increase and workers in affected industry sectors spend more on local goods and services (household spending effect) Definitions: Economic Development Incentive - Economic development incentives are inducements- often in the form of financing, but sometimes in the form of services - meant to assist companies to build new or expand existing structures, purchase equipment, design new products, enter new markets, and above all, create new jobs in places where they would not have otherwise. Small Business Proiect - A Small Business Project involves a business that has fewer than 25 employees. New Retail Proiect - A New Retail Project contains a retailer or group of retailers who will offer a product and /or good (subject to sales tax) that is unique to the market and which is not otherwise available for purchase at a retail business physically located in the City. A New Retailer is expected to attract new sales dollars or retain sales tax dollars that may otherwise go to nearby city or metropolitan area, Primary Business Project - A Primary Business Project is an economic development project that increases employment in an industry thereby increasing the dollars circulating in the local economy, which increases the demand for the products and services provided by retail and service industries. Technical Assistance - This is an alternative incentive offering counseling and networking guidance that addresses the specific needs of businesses. It includes, but is not limited to, aid with preparing business plans, navigating the extensive lists of available grant and incentive programs, grant applications, training staff, applying for loans, market research, connectivity, marketing the product, site selection, workforce development assistance. Technical assistance may also take the form of connecting a small business to state and federal resources and programs. Technical assistance is generally aimed at providing specific services that small businesses typically cannot afford. This is a means of providing customized business assistance or research separate from purely financial incentives. Workforce Development = Workforce development is the range of activities, policies, and programs used to "create, sustain, and retain a viable workforce" that can support current and future business and industry across a state, region, or municipality. This may include education and training, job matching, and employer engagement. It also involves the coordination of public - and private- sector efforts, providing individuals with career opportunities and supporting business and industry workforce needs. 21 Page CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL PoOpfv •REAIGumNnr•REALCOnmmNly POLICY GUIDE CURRENTLY AVAILABLE GRANTS AND INCENTIVES Federal Incentives The federal government provides a number of significant sources for financing economic development activities. Sources of financing include: • The Small Business Administration (SBA) www.sba.aov • The Economic Development Administration (EDA) www.eda.aov • The United States Department of Housing and Urban Development (HUD) www.hud.aov • The Unites States Department of Agriculture (USDA) www.usda.aov • The Export -Import Bank of the Unites States www.exim.gov • Various other Unites States government agencies Opportunity Zone - Federal Opportunity Zones are a new community development program intended to spur investment in impoverished and economically distressed areas. This is a federal incentive that benefits local and state investors. By investing in an Opportunity Zone, through a qualifying Opportunity Fund, investors can defer and /or reduce their federal capital gains tax liability. If an investor's capital is left in a qualifying fund for 5 years, the investor will defer their federal capital gains taxes. In the fifth year the investor can reduce their capital gains tax. There is an additional reduction in year 7. If they leave the money in the fund for 10 years, then any appreciation in the asset from the time they invest through 10 years is not subject to any additional capital gains tax. This deferral and /or reduction on federal capital gains taxes will improve return on investment and also direct capital to areas that need investment. See Appendix B for a map of the existing Opportunity Zone in Owasso. State Incentives (See Appendix A for a full list of all incentives offered by the State of Oklahoma) Enterprise Zone - Enterprise Zones are designated by the Oklahoma Department of Commerce and identified on a list of eligible counties, cities, and census tracts. Enterprise Zones can be designated in disadvantaged counties, cities, or portions of cities. Businesses located in an Enterprise Zone are eligible to receive double the Investment /New Jobs Tax Credit. Additionally, companies obtaining ad valorem exemptions from local taxing entities could be exempted for up to 6 years, rather than 5. See Appendix C for a map of the existing Enterprise Zone in Owasso. Local Incentives Technical Assistance - This is an alternative incentive offering counseling and networking guidance that addresses the specific needs of businesses. Technical assistance is generally aimed at providing specific services that small businesses typically cannot afford. This is a means of providing customized business assistance or research separate from purely financial incentives. Technical assistance from the Economic Development Department may take the form of connecting a small business to various resources which could provide assistance in: • Improving the design of its product or manufacturing process • Preparing business plans • Navigating the extensive lists of available grant and incentive programs • Completing grant applications • Training staff • Applying for loans • Market research • Connectivity • Marketing the product 3 1 Page sn REAL PaoPlo • REAL Chnmdor •REAL commnnlh • Site selection • Workforce development assistance. CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES POLICY GUIDE Tax Increment Financing District (TIF) - The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local Development Act. The project is being undertaken by the City of Owasso, Oklahoma to develop the area surrounding Main Street, known as the Redbud District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is the creation of the Redbud District as a special and unique place within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that time, through several planning documents, including approval of the Downtown Overlay District promoting smart development in the area, and robust branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is continuing its effort to revive its downtown and make the Redbud District a destination area for residents and visitors. The effort to create such a place requires public assistance to stimulate private development. An increment district provides funding for public sector costs to stimulate private development and provide improvements to and beautification of the area to create the dense, high - quality development that the City contemplates. The project will be financed from a combination of public and private sources, including apportionment of ad valorem and sales tax increments from Increment District No. 1, City of Owasso. Workforce Development /Training Workforce development is the range of activities, policies, and programs used to "create, sustain, and retain a viable workforce" that can support current and future business and industry across a state, region, or municipality. This may include education and training, job matching, and employer engagement. It also involves the coordination of public and private sector efforts, providing individuals with career opportunities and supporting business and industry workforce needs. Tribes Owasso is located in the Cherokee Nation. The Cherokee Nation is a valuable partner in economic development. The Cherokee Nation Small Business Assistance Center (SBAC) supports Indian - owned businesses by providing access to capital for new business start-ups and business expansion projects. The Cherokee Nation Economic Development Authority lends to businesses and individuals located within the contiguous 14 counties of the Cherokee Nation. For more information and assistance with any of the sources listed above, please contact the Owasso Economic Development Department at (918) 376 -1518 or info@chooseowasso.com. 41 Page Sp � REAL Pa¢pl¢•REALCMme1¢r- REAL Camm,mtty CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES SMALL BUSINESS PROJECTS A Small Business Project involves a business that has fewer than 25 employees. These types of businesses are typically not eligible for a monetary economic development incentive from the City, but the City has several other services, including Technical Assistance, that it can offer to Small Businesses. STEP 1 - Pre - Application Meeting A pre - application meeting will be held with the Economic Development Department staff to determine if a business qualifies as a Small Business Project. STEP 2 - Technical Assistance Economic Development Department staff determine the most effective and appropriate Technical Assistance for the Small Business Project. For more information on what Technical Assistance encompasses, please refer to the section "Currently Available Grants and Incentives" in this guide. 51 Page �V OKAIP.cP for •REAL Comm "nity CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES NEW RETAIL PROJECTS A New. Retail Project is a development that contains a retailer or group of retailers who will offer a product and /or good (subject to sales tax) that is unique to the market and which is not otherwise available for purchase at a retail business physically located in the City. A New Retailer is expected to attract new sales dollars or retain sales fax dollars that may otherwise go to nearby city or metropolitan area. Each New Retailer must have a minimum of $5 million in annual sales (subject to sales tax). STEP T - Pre - Application Meetina A pre - application meeting will be held with the Economic Development staff to determine if a project qualifies as a New Retail Project. STEP 2 - Application Submittal In addition to a non - refundable application fee, all New Retail Project applicants shall provide a Trade Area Analysis may include the following: • Zip Code Analysis • Market Analysis • Feasibility Study • Traffic Study • Any other relevant information that will allow the City to make an informed decision STEP 3 - Review and Approval Process Tier I Review - Staff Review and Recommendation All New Retail Projects shall be evaluated using a Retail Impact Analysis, a Credit Analysis, and a City Fiscal Impact Analysis, all to be conducted by City staff. A City Fiscal Impact Analysis considers the following issues regarding the project in order to prove that the public benefits to the City will be positive within a projected time frame: • Cost of the incentive (including labor costs of City staff) • Cost of City services such as Police and Fire • Wear and Tear on City streets and roads • Increased burden on water, sewer, and storm systems • Estimated 'Transfer losses" from existing merchants New Retail Projects are also evaluated using the Trade Area Analysis provided by the applicant. The expected capital investment and additional sales tax accumulation will also be taken into consideration. Once the application has been evaluated and staff has conducted all aforementioned analyses, staff will establish a recommendation that will be given to the Owasso Economic Development Authority and the City Council, along with all application and analysis materials, for their review and recommendation or final action. Tier 2 Review - OEDA Review and Recommendation All application materials and analyses conducted by City staff, as well as the recommendation of City staff, are presented to the Owasso Economic Development Authority (OEDA) for its review, discussion, and recommendation. 61 Page CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES /— REAL Puoplo•REALchumIXOr•REAL6gnmuniry STANDARD OPERATING PROCEDURES Tier 3 Review - City Council Review and Final Action All application materials, analyses conducted by City staff, City staff recommendation, as well as the recommendation of the OEDA, are presented to the City Council for its review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms. Tier 4 Review - Annual Performance Review for Compliance City staff may conduct an annual Performance Evaluation for each Agreement, as well as a Fiscal Impact Analysis for recording and tracking purposes. 71 Page AAL REAL Poopla REAL Chn.....REALI ...nRy CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES PRIMARY BUSINESS PROJECTS A Primary Business Project is an economic development project that increases employment in an industry thereby increasing the dollars circulating in the local economy, which increases the demand for the products and services provided by retail and service industries. Owasso's Target Industry Clusters are metal manufacturing, aircraft parts, destination and /or research and development (R &D) medical, office /headquarters, and information technology. The Target Industries are not intended to exclude other primary business projects. The City of Owasso will assess all primary business project applicants to determine whether the projects will generate the desired jobs and economic impact for the community. STEP 7 - Pre - Application Meeting A pre - application meeting will be held with the Economic Development staff to determine if a project qualifies as a Primary Business Project. STEP 2 - Application Submittal In addition to a non - refundable application fee, all Primary Business Project applicants shall submit a written Application Statement. All information provided by the applicant will be returned to the applicant upon completion of the review process. The Application Statement may include the following information: 1. A comprehensive description of the applicant listing of all officers, directors, members, and key personnel that control 20% or more of the shares or other controlling interest. 2. A comprehensive description of the products and services of the applicant and /or project. 3. A Business Plan with comprehensive financial projections for not less than three successive years. 4. Three years of corporate tax returns and financial statements, if available. 5. A detailed and well- articulated request of desired incentives including the amount requested and duration. 6. A statement describing all direct and indirect benefits to the City for providing incentives which shall include, but not be limited to: • Estimated taxes paid (all) • Purchases from local vendors • Utilizing local contractors • Hiring from the City workforce • Congruity with the goals of this Policy • Skills and technology advancement • Expanded infrastructure capacity 7. If applicable, precise location of the site to be developed accompanied by legal description, Assessor's parcel number, and a preliminary title report with all easements plotted. 8. If applicable, a copy of the Grant Deed or similar document showing ownership vested in the applicant or business requesting assistance. 9. If leased, a copy of the fully- executed lease along with any specific rules, use, or occupancy restrictions. CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL PCapic •REALGI,macMr•REAL(:omnimriry STANDARD OPERATING PROCEDURES 10. If applicable, a preliminary Site Plan in sufficient detail to evaluate appropriateness with City land use standards and zoning. 11. If applicable, conceptual Building Plans with elevations (front, side, and rear). 12. For speculative industrial development projects, a preliminary Master Plan in sufficient detail to conduct an Economic Impact Analysis (EIA) and determine marketability, absorption period, and viability of proposed financing structure. 13. Infrastructure needs /requirement estimate or value of improvements to be made by project that represent excess capacity that will support future development. 14. Total project costs. 15. Construction schedule, and if phased, a phasing plan. 16. Estimated annual revenues. 17. If applicable, current assessed valuation of the property and any improvements. 18. Estimated post - development value of the property, equipment, and all other improvements (Cap Rate). 19. Estimated annual sales, composition (taxable vs. non - taxable) and whether goads and services primarily serve local or out -of- city /state consumers and businesses. 20. Estimated number of jobs created or retained by development, average wage per job, specific job classifications and minimum qualifications. 21. Listing of incentives provided by other agencies, orjurisdictions, regardless of whether they are tax or financial and whether they are committed and any security instruments or covenants that could impact the City's incentive evaluation. 22. Any additional information requested from staff for an Economic Impact Analysis, a Credit Analysis, and a City Fiscal Impact Analysis. 23. Any other information deemed necessary by the City to substantiate the incentive request. STEP 3 - Review and 8 - Review and Approval Process Tier 1 Review - Staff Review and Recommendation All Primary Business Project applications will be evaluated by City staff using a Point System Evaluation, a review of the Application Statement, and a City Fiscal Impact Analysis. A City Fiscal Impact Analysis considers the following issues regarding the project in order to identify that the public benefits to the City will be positive within a projected time frame: • Cost of the incentive (including labor costs of City staff) • Cost of City services such as Police and Fire • Wear and Tear on City streets and roads • Increased burden on water, sewer, and storm systems • Estimated "Transfer losses" from existing merchants Each applicant /project will be assigned a numerical score based on capital investment, wage level of new jobs, number of jobs, and type of industry. The numerical score will be used in the evaluation to establish the amount and terms of the potential incentive award. Once the Point System Evaluation and the City Fiscal Impact Analysis are complete, City staff will establish a recommendation that will be given to the Owasso Economic Development Authority 9 (Page S� CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL PaoploREALChamcton gEAL COmmanlry STANDARD OPERATING PROCEDURES and the City Council, along with all application and analysis materials, for their review and recommendation or final action. Tier 3 Review - OEDA Review and Recommendation Application materials and analyses conducted by City staff, as well as the recommendation of City staff, are presented to the Owasso Economic Development Authority (OEDA) for its review, discussion, and recommendation. Tier 3 Review - City Council Review and Final Action Application materials, analyses conducted by City staff, City staff recommendation, as well as the recommendation of the OEDA, are presented to the City Council for its review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms. Tier 4 Review - Annual Review for Compliance City staff may conduct an annual Performance Evaluation for each Agreement, as well as a Fiscal Impact Analysis for recording and tracking purposes. 10)Page tee REgt paopla•REFL Chomdar•REpL COmmuniry CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX A — STATE ECONOMIC INCENTIVES The Oklahoma Quality Jobs Program The 21 st Century quality Jobs Program Oklahoma Quality Events Program Oklahoma Quick Action Closing Fund Oklahoma Community Economic Development Pooled Finance State Small Business Credit Initiative Ad Valorem Exemption Ad Valorem Exemption for Warehouse and Distribution Facilities Exempt Inventory Intangible Property Aircraft Manufacturers Exemption License Local Incentive The Investment /New Jobs Income Tax Credit Quality Jobs + Investment Tax Credits Aerospace Industry Engineer Workforce Tax Credit Federal Tax Incentives on Former Indian Reservation Lands Alternative Energy Sources Tax Credits Insurance Premium Tax Credit Clean Burning Fuel Vehicle Credit Clean Burning Fuel Vehicle Infrastructure Credit Ethanol Fuel Retailer Tax Credit Technology Transfer Income Tax Exemption Income Tax Exemption for Interest Paid on Bonds Issued by or on Behalf of Public Agencles Historic Rehabilitation Tax Credit Incubator Site Tenant Tax Exemption The Work Opportunity Tax Credit Program )WOTC) Manufacturers Computer Services and Data Processing Sales at Aircraft Maintenance Facilities Aircraft Repairs and Modifications Aircraft Maintenance or Manufacturing Facility Excise Tax on Aircraft Sales E94— Telecommunications Spaceport Sales Tax Refunds Computer Services /Data Processing /telecommunications Equipment Construction Materials Industrial Access Roads Truck Registration Benefits Benefits Under IFTA/IRP Foreign Trade Zones 11 1 Page s� 0 REALP ,1 •REAL6hamcNr•RfAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX A — STATE ECONOMIC INCENTIVES Oklahoma Finance Authorities Public Trust Financing: Industrial Revenue Bonds General Obligation Limited Tax Bonds (GOLTBs) Tax Increment Financing (TIF) The Oklahoma Local Development and Enterprise Zone Incentive Leverage Act Sales Tax Financing Private Activity Bond Allocation Small Business Linked Deposit Program Small Business Loan Guarantees Technology Partnerships 12E- Innovation to Enterprise Basic and Applied Research and Technology Programs OCAST Commercialization Programs Oklahoma Capital Investment Board Quality Jobs Investment Program Infrastructure Finance Community Development Block Grants (CDBG) Advanced Degree Programs Job Matching and Jab Search Assistance Workforce Innovation and Opportunity Act (WIOA) Govemofs Council for Workforce and Economic Development Job Matching and Job Search Assistance Workers' Compensation Insurance Training for Industry Program (TIP) Customized Industry Training Program Industrial Safety Training Program Domestic Corporations Foreign Corporations Domestic Limited Liability Companies (LLCs) Foreign Limited Liability Companies Domestic Limited Partnerships (LPs) Foreign Limited Partnerships Limited Liability Partnerships (LLPs) Business Licenses Franchise Tax Personal Income Tax Corporate Income Tax General Properly (Ad Valorem) Tax Unemployment Compensation Tax Oklahoma Business Activity Tax Workers' Compensation Assessment Retall Sales and Use Tax Corporate State Income Tax 121 Page om"�.......... REAL CammuNty CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX B — OWASSO ENTERPRISE ZONE For more information on State Incentive Zones, visit httos• / /Okcommerce aov /data /maps For more information on Tulsa Opportunity Zones, visit https•/ /maps citvoffulsa ora /opr)ortunityzones/ R E M, St N It �r,y' � N E Ouaxcwtl3 � W 9 -- .. - bY2m Aw.. _: E2rzl'A�.e i n '.. F.�151n.5xN i o i 7 _ E ofiln'aDN t- ---------- 2 �u9 O Opportunity Zone f 13 1 Page CROW OOPIO • RaOI ChamcWr • ROaI Commanlly CITY OF OWASSO 200 South Main Owasso, OK 74055 918.376.1500 www.cityofowasso.com ECONOMIC DEVELOPMENT INCENTIVES APPLICATION General Information: Name of Business: Business Address: City State Zip Code Phone: Email: Name of Owner /Applicant: Owner Address: City Phone: Name of Second Owner )if applicable): Owner Address: City State Zip Code Email: State Zip Code Phone: Email: _ - 0 Roal Noplc • Roal Choracbr • Real Community Oklahoma Sales Tax Information (If Applicable): Permit Number: Type of Incentive Requested: New Retail Project CITY OF OWASSO Expiration Date: Primary Business Project Completed Pre - Application Meeting with Economic Development Department Staff: Yes ❑ No ❑ Enclosed $200 Application Fee ❑ 200 South Main Owasso, OK 74055 916.376.1500 www.ci fvo fowasso.com Enclose all application documents (See Exhibit A for Retail Project and Exhibit B for Primary Business Project) Retail Project Documents ❑ Zip Code Analysis ❑ Market Analysis ❑ Feasibility Study ❑ Traffic Study Primary Business Project Documents ❑ A comprehensive description of the applicant listing of all officers, directors, members, and key personnel that control 20% or more of the shares or other controlling interest ❑ A comprehensive description of the products and services of the applicant and /or project. ❑ A Business Plan with comprehensive financial projections for not less than three successive years. ❑ Three years of corporate tax returns and financial statements. ❑ A detailed and well - articulated request of desired incentives including the amount requested and duration. ❑ A statement describing all direct and indirect benefits to the City for providing incentives which shall include, but not be limited to: • Estimated taxes paid (all) • Purchases from local vendors • Utilizing local contractors • Hiring from the City workforce • Congruity with the goals of this Policy • Skills and technology advancement • Expanded infrastructure capacity r.. i 1A, Real Pooplu • Real C"hamclat• Real Community CITY OF OWASSO 200 South Main Owasso, OK 74055 918.376.1500 www,citofowosso.com ❑ If applicable, precise location of the site to be developed accompanied by legal description, Assessor's parcel number, and a preliminary title report with all easements plotted. ❑ If applicable, a copy of the Grant Deed or similar document showing ownership vested In the applicant or business requesting assistance. ❑ If leased, a copy of the fully- executed leases along with any specific rules, use, or occupancy restrictions. ❑ If applicable, a preliminary Site Plan in sufficient detail to evaluate appropriateness with City land use standards and zoning. ❑ If applicable, conceptual Building Plans with elevations (front, side, and rear). ❑ For speculative industrial development projects, a preliminary Master Plan in sufficient detail to conduct an Economic Impact Analysis (EIA) and determine marketability, absorption period, and viability of proposed financing structure. ❑ Infrastructure needs /requirement estimate or value of improvements to be made by project that represent excess capacity that will support future development. ❑ Total project costs. ❑ Must include all on -site and off -site plus soft costs including architectural and engineering fees (A &E), machinery and equipment, land cost (or annual lease expense), and any other costs that will support a thorough EIA. ❑ Construction schedule, and if phased, a phasing plan. ❑ Estimated annual revenues. ❑ If applicable, current assessed valuation of the property and any improvements. ❑ Estimated post - development value of the property, equipment, and all other improvements (Cap Rate). ❑ Estimated annual sales, composition (taxable vs. non - taxable) and whether goods and services primarily serve local or out -of -city /state consumers and businesses. ❑ Estimated number of jobs created or retained by development, average wage per job, specific job classifications and minimum qualifications. ❑ Listing of incentives provided by other agencies, or jurisdictions, regardless of whether they are tax or financial and whether they are committed and any security instruments or covenants that could impact the City's incentive evaluation. ❑ Information required for an Economic Impact Analysis, a Credit Analysis, and a City Fiscal Impact Analysis. ❑ Any other information deemed necessary by the City to substantiate the incentive request. Disclosure Statement: The City will not consider any incentive unless the applicant submits a full and complete application and provides any additional information as requested by the City. The accuracy of the information provided in the application shall be verified by the City or its designees, which may include third -party consultants or entities with expertise in the field of economic development. Any information provided by the applicant in the course of the application process will be returned to the applicant upon completion of the review process. Any applicant who provides incorrect or incomplete information, or allows their representative to do so, either in the economic incentive agreement application process or the annual compliance review of such an agreement, may cause the application to be declared null and void and shall be required to immediately repay the entire amount of the economic incentive agreement to the City of Owasso upon discovery of the false information. (Applicant Initial( 6 Ronl1.� "tea Poople • Real Cliagrw • Real Cemmunlly Due Consideration: CITY OF OWASSO 200 South Main Owasso, OK 74055 918.376.1500 www.citvo fowasso.com In addition to the policies set forth above, the following provisions should be noted by any applicant /developer seeking economic development financial assistance or technical assistance from the City of Owasso: The adoption of these policies by the City Council in the form of a resolution should not be construed to mean that the provision of financial incentives is inherently approved for any applicant and /or project that may be able to comply with the policies as set forth herein. Each project will be approached as an entity to be independently evaluated. (Applicant Initial) The City reserves the right to amend, modify, or withdrow these policies; revise any requirement of these policies; require additional statements, swom affidavits or other information from any applicant /developer, to negotiate or hold discussions with any applicant /developer /and or project which does not completely conform to the policies as set forth above, to waive any nonconformity with these policies, to eliminate these policies in whole or in part, if the City deems it is in its best interest to do so, and to waive any timetables established by ordinance, resolution, or motion. (Applicant Initial) Submission of an application for economic development assistance that complies with the spirit and intent of these policies does not commit the City to approval of the development /redevelopment project associated with said application. (Applicant Initial( The City may exercise the foregoing rights at any time without notice and without liability to any applicant, developer, and /or project or any other party for its expenses incurred in the preparation of an application for economic development assistance. The preparation of any such application and related costs associated with responding to the City in its review of such application shall be the sole responsibility of the applicant /developer. (Applicant Initial) REAL Pao pin • REAL 6-f --R EAL Com.mIt TO: The Honorable Mayor and City Council FROM: Larry Langford Director Recreation and Culture SUBJECT: Redbud Festival Park Change Order #8 DATE: September 6, 2019 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761.00. On April 21, 2015, Owasso City Council approved resolution 2015 -08, recommending identified projects for these funds. A portion of these funds was designated to construct a festival park. On April 13, 2018, City Council awarded a contract to Builder's Unlimited for the base bid and Alternates 1 - 7 in the amount of $2,260,741.00 for construction of Redbud Festival Park. Stage audio- visual (AV) equipment and enclosed storage buildings were removed from original park design. With the addition of a community- funded sound system, a secure area to store these items is necessary. PROPOSED CHANGE ORDER: Staff requested and received a proposal (attached proposal request #8) from Builder's Unlimited in the amount of $23,424.56 for these project additions. Instead of additional cost to the project, Builder's Unlimited requested 23 days be added to the contract completion date, on top of the previously negotiated 30 -day extension, changing the contract completion date from March 11, 2019, to May 4, 2019. This contract change would make May 5, 2019, the first day of liquidated damages. FUTURE ACTION: Staff intends to seek approval of Change Order #8, amending the contract to include the construction of items listed in Proposal Request #8, amending the contract completion date to May, 4, 2019, with Builder's unlimited, Tulsa, Oklahoma, and authorization for the Mayor to execute the necessary documents. ATTACHMENTS: Proposal Request #8 Proposed Change Order #8 IlBuilder's N Unlimited GENERAL CONTRACTOR GH2 Architects Attn: Nick Spriggs 320 S Boston, Suite 100 Tulsa, OK 74103 Date 8/21/19 RE: Redbud Park PR #8 The costs associated with PR 8 are as follows: • Additional fifty - three (53) days added to current contract. 1. Pour two 8'6" x 20' x6" concrete pads on the east side of the stage, as shown. 2. Install a 300 sq. ft, 4" thick concrete pad between the concrete pads identified in item 4. ii' l I t $ 0.00 3. Provide hvo 180 sq. ft. landscape beds against the west side of the sidewalk behind the stage with irrigation $ 0.00 4. Provide a 300 sq. ft. landscape bed along the length of the east side of the stage with irrigation $ 0.00 5. Provide a 80 sq. ft. southside of ramp next to stage with irrigation $ 0.00 6. Provide and plant 7 Little Gem Magnolia and 19 Shrubby Yew Podocarpus $ 0.00 7. Provide 2 electrical stub ups for filtue use $ 0.00 NET DIFFERENCE ADD $ 0.00 ADDITIONAL BOND &INS. $ 0.00 OI-IP 20% $ 0.00 TOTAL REVISED COST $ 0.00 Sincerely Builders Unlimited Inc. Cody Wright Vice President PO Box 471650 Tulsa, Ok 74147 p) 918.835.1138 0 918 -834 -5865 SECTION 00600 CHANGE ORDER PROJECT: Redbud Festival Park CONTRACT DATE: April 17, 2018 TO CONTRACTOR: Builder's Unlimited The Contract is changed as follows: CHANGE ORDER NUMBER: 8 DATE: CONTRACT FOR: City of Owasso Constructed to be completed as outlined in Proposal Request 48 with additional days approved Not valid until signed by the Owner and Contractor The original Contract Sum was ... ............................... Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was............ The Contract Sum will be increased by this Change Order in the amount of .................... The new Contract Sum including this Change Order will be The Contract Time will be changed ....... ............................... ..$2,260,741 . $2,467,563.87 ..$0.00 ..$2,467,563.87 53 days The date of Completion as of the date of this Change Order therefore is May 4, 2019 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. City of Owasso CONTRACTOR 200 South Main Street ADDRESS 013 7 7:I.YTC7 Owasso, OK 74055 : 11-All Chris Kelley, Mayor DATE DATE REAL Paoplo • REAI Choractar • ftEAI Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner SUBJECT: Rezoning (OZ 19 -04) - 202 East 3rd Avenue DATE: September 6, 2019 BACKGROUND: The Community Development Department received a rezoning request for property located at 202 East 3rd Avenue. The subject property is approximately 0.24 acres in size and currently zoned Residential Single - Family High Density (RS -3). The property is also located in the Downtown Overlay District. The applicant is requesting a rezoning to Downtown Mixed (DM). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Downtown Mixed (DM) Residential Downtown City of Number of Lots I Within PUD? Development District Owasso South Residential Single- Family Residential Downtown City of High Density (RS -3) Development District Owasso East Residential Single- Family Residential Downtown City of High Density (RS -3) Development District Owasso West Commercial General (CG) Commercial Downtown City of Development District Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 0.24 acres +/- Current Zonin RS -3 Proposed Zoning DM Present Use Residential Land Use Master Plan Downtown Development District Number of Lots I Within PUD? No Within Overlay District? Yes; Downtown Overlay District ANALYSIS: The applicant is requesting a rezoning from RS -3 to DM for property located in the Downtown Overlay District. The DM zoning category was created with the approval of the new Owasso Zoning Code in 2018. The intention of the DM zoning district is to allow for a mix of uses, such as commercial and residential, to be located on a single lot. The DM zoning district is specific only to the Downtown District. The proposed use of the property is unknown at this time. The subject property falls under the Downtown Development District on the GrOwasso 2030 Land Use Master Plan. The Downtown Development District does not call for any specific land uses on the Master Plan. Rather, it identifies the District as an area of targeted investment with a mixture of land uses, including single - family homes, multi - family housing, office, and commercial uses. The DM zoning district allows the variety of land uses described above for the Downtown Development District. Staff determined that the rezoning request is appropriate, based on its conformity with the Land Use Master Plan and the stated intent of the Downtown Overlay District. Also, the DM zoning designation would encourage development on this property that would be in step with the mixed -use development trends occurring in the immediate vicinity. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regularly scheduled meeting on September 9, 2019. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Plat of Survey �4 5; I� Qz - 902 200 _01 _ ? - - I S 20� a- $S t 101 a it i T 1 {� 502 i I I y ��_ 7.r4Q 3'tiv - E 21.3 4 <Q8 106 302 - 304 i I 107 109 308 SUBJECT P ROPERTY 41ll 401 4 02 401 1 C1:1. 402 [ Q2 1 1 31 I'I 1403 :104 103 10t 4ti 1? v - H 1� _` 405 dOG 405 I =1 ti n 40`1 U:; 407 408 40 K12 CA 128- 1C1 - 1 1101202 206 ,1 Z 10z 108 l nMap 1 1 L Xp n 1 L... 1 10901 W5 209 I 3 30;' X - 1 10!3 1(3� L_129 1 — i - E 76T" St N - - -- - E 2nd Ave 107 109 308 SUBJECT P ROPERTY 41ll 401 4 02 401 1 C1:1. 402 [ Q2 1 1 31 I'I 1403 :104 103 10t 4ti 1? v - H 1� _` 405 dOG 405 I =1 ti n 40`1 U:; 407 408 40 K12 CA Land Use Master Plan Map OZ 19-04 los �—J 1091051 rm"E 76�ffl St N ri 111111.1 1 V 11 411 109111 4 209 3117 0 Ave tA col. , co ra zaz za2 0 502 202 py 2134 1 ? 502 0 10-5 If, It i I 7590 Ord Ave L 3 rd Ave 213 3U I i 02 1. 108 304 302 305 —1 n202 206 210 '08 3) 1 312 317 10" E10 7 1:1 j 315) X20 B1y101' 2111 — I 0_U)53 0:8 1 2092131 41...A4th Ave h ve E 4 I I t --- Ifil lul 412 404 ?o2,, 206 U? 104 0 _JD) 102 --- 40'1 04 408 Y? 406 405 1 7 .1 (pl; SUBJECT PROPERTY 409 408 its 411 410 414 lb GENE NOTES A %vn tpY! 1aWln]xe H RN IDtln� M.v i¢e In RttWert14�lad M1MRntelldPi'A$9W]RR, VYHaue4 L R. CNOpe lryCnplMM ,wnlikOldNllatlmne'1WMM.VIy. WXH.elhGrtntlu.A+aa. N]iP tynm�nry WMI lla iRtlO o. mereWWLrpuminmserepnryemwnnnmmamevrfuq L itlaiwkmmpeyo YiuM »u. SYMBOL IEGEND �•�.,wr.wr '� �a•rvs..r.wriar xnrnM rWWpw PeeN[Y+r �c �SWYL.eW - Lnn4H,W Mu PLAT OF SURVEY OF: The West 75 Feet of Lot Three (3), Block ThlrtyAne (33), OWXRW ORIGINAL TOWN, a Subdivlsion in the My of Owasso, Tulsa County, State of Oklahoma 202 FAST 3RD STREET, OWASSO, OKLAHOMA Pi IL'dv SE -N41` W � E 5 �s LOG710N MAP LEGAL 11ESCRIP110N OF THE REAL PROPERtt 1M w{5i i5 FM of LNIY�R yA W' 1GYryRS Plt 4w.LSb OAOx1L l0uf, a LAW Wa In Yv M d Ow+a0. ioW tmR'. SO¢ tl ClVbni amYM e h aM µnNpLyL NOTES tni saL a weer mm cs owner.. w.:n., swnw ne vn v+em tl uv FYw14L x .mxia F me awLw.. sraa am wavtvm. y Emk.v y a�N+e'MlASwnm SURNEYOMCEROFItATE REAL Paoplo • flEAL CharacWr • REAL GommuN(y TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner SUBJECT: OPUD 17 -01 A /OZ 19 -05 - Parker Village DATE: September 6, 2019 BACKGROUND: The Community Development Department received a planned unit development (PUD) amendment application (OPUD 17 -01 A) for Parker Village, a proposed commercial, multi- family, and single - family housing development. The subject property is generally located northeast of the intersection of East 106th Street North and North Garnett Road and is approximately 57.536 acres in size. The property is currently zoned Commercial Shopping (CS), Residential Multi - Family (RM), Residential Neighborhood Mixed (RNX), and Residential Single- Family High Density (RS -3). The proposed amendment would make several significant changes to the existing PUD. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North (AG) Agriculture A g ) Residential Commercial Transitional City of Owasso Residential Single - Family High Density (RS3 ) Proposed Uses Development Area B = Multi - Family Residential Tulsa County Development Area C = Single- Family Residential Proposed Zonings CS, RM, RS-3 Residential Commercial, Transitional, Residential Within PUD? Commercial Shopping (CS) Within Overlay District? No Water Provider South Agriculture (AG) Residential Commercial City of Owasso Applicable Paybacks /Fees Residential Single - Family Estate (RE) Transitional Tulsa County East Agriculture Res Single - Family Rural (AGR) Residential Transitional Tulsa County Residential West Agriculture (AG) Residential I Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Total Development = 57.536 acres +/- Property Size Development Area A = 3.687 acres +/- Development Area B = 16.366 acres +/- Development Area C = 37.484 acres +/- Current Zonings CS, RM, RNX, RS -3 Development Area A = Commercial /Office Proposed Uses Development Area B = Multi - Family Residential Development Area C = Single- Family Residential Proposed Zonings CS, RM, RS-3 Land Use Master Plan Commercial, Transitional, Residential Within PUD? Yes; OPUD 17 -01 Within Overlay District? No Water Provider City of Owasso (West Half) Washington County Rural Water District #3 (East Half) Storm Siren Fee ($50.00 per acre) Applicable Paybacks /Fees Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Meadowcrest Sewer Relief Area ($867.00 per acre) CONCEPT OF A PUD: A planned unit development, also known as a PUD, is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. For example, PUDs often allow developers to mix different zonings and land uses together or adjacent to each other. Developers may also utilize a PUD to allow more flexibility in certain aspects of development, such as varying the building setbacks, building heights, or lot widths, which may differ from the more restrictive base zoning district standards. However, a PUD should not be considered as a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. According to the Owasso Zoning Code, PUD amendments can take one of two forms. A minor amendment can be administratively approved for any small changes proposed for an existing PUD that still meet the intent of the approved ordinance, do not increase the density greater than 10%, are consistent with the surrounding development patterns, and do not pose a threat to the health, safety, or welfare of the citizens of Owasso. The second type of PUD is a major amendment, which must be approved by the City Council. A major amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. After meeting with the applicant and discussing their development plans, staff determined that the proposed changes would fall within the parameters of a major amendment. ANALYSIS: In 2017, the Owasso City Council approved Ordinance 1104 for OPUD 17 -01 and the accompanying rezoning application (OZ 17 -04) for Emery Village, a development that proposed commercial and residential land uses of varying densities. The applicant is requesting a major amendment to the Emery Village PUD, with several specific changes outlined in detail below. The majority of the subject property in which OPUD 17 -01 lies was annexed with Ordinance 559 in 1997. In July of this year, a smaller parcel of land approximately 2.5 acres in size with frontage on East 106th Street North was annexed with Ordinance 1151. The applicant seeks to add that parcel to OPUD 17 -01 which will increase the overall size and scope of the PUD. One change to note is that the title of the development has changed from Emery Village to Parker Village. Another significant change to the PUD is the size and placement of each of the development areas and their respective zonings. Originally, the entirety of the subject property's frontage on North Garnett Road was identified for commercial or office land uses with an underling zoning of CS. The applicant is now requesting that the commercially -zoned area of the PUD be reduced to the southern half of the Garnett frontage. It is proposed that the RM zoning area identified in the original PUD be extended west to Garnett Road. The RNX zoning in the original PUD is being removed and is proposed to be rezoned to RS -3 with this amendment. The overall conceptual development plan for the PUD is being changed from 5 defined development areas to 3 development areas. The amended PUD proposes 3 development areas with different zonings and proposed land uses which are summarized in the following table: Area Proposed Zoning Proposed Land Use Proposed Gross Acreage Development Area A CS Commercial and /or Office 3.687+/- Development Area B RM Apartment Complex 16.366+/- Development Area C RS -3 Single - Family Housing 37.484+/- The original PUD showed 2 major access points into the development: one on Garnett Road and one on East 106th Street North. This arrangement will not change with this PUD amendment, and the public collector road that runs through the development between these two main access points Will also remain. One additional curb cut is proposed for the apartment complex in Development Area B. This curb cut will function as a right -in /right -out access point because once Garnett Road is Widened and improved, there will be a landscaped median preventing left turn movements at this location. The other two major access points will be full access points, with a break in the landscaped median on Garnett Road aligning with the proposed access point for the collector road shown on the conceptual site plan for Parker Village. The final location of the private and public streets within the development will be officially established when the development is platted. It is important to note, that the proposed amendment to the PUD does not increase the intensity of the land uses proposed along the northern property line where the development abuts an existing residential subdivision as well as residential property in Tulsa County. In fact, the proposed amendment decreases the potential for more intense land uses to locate near the north property line as the commercial zoning in the northwest area of the development has been removed and would be rezoned to RM. In a planning context, commercial land uses are inherently more intense than residential land uses. While the development area where the apartment complex is proposed has increased in its gross acreage, the PUD amendment is not proposing to increase the maximum number of units that could be constructed. Essentially, the apartment complex land area is expanding but the dwelling units per acre for the complex is actually decreasing. One of the main issues that has been raised by nearby property owners, both when the PUD was originally proposed in 2017 and with this proposed PUD amendment, is the height of the apartment complex buildings near the northern property line. The property owners along that boundary have expressed concerns that a 3 -story building adjacent to their property would create a negative impact and be detrimental to their enjoyment of their property. To address these concerns, staff required increased setbacks when the PUD was originally proposed, specifically for the units that would be along the northern property line. These enhanced setbacks remain the some in the amended PUD as it was originally approved. Structures adjacent to the northern property line are required to be built a minimum of 37.5 feet from the northern property line. In addition, all structures over 15 feet in height must be set back an additional 2 feet for each 1 foot that the building goes above 15 feet in height. For example, if a 3 -story building totaling 30 feet in height was proposed to be located along the northern property line, then it would have to be setback at least 67.5 feet. Since the PUD was originally approved, a review process has taken place with the Army Corps of Engineers regarding the wooded area on the eastern end of Development Area B. This review was to determine whether a wetland and /or regulatory stream existed in this area. After the review was completed, the Corps determined that an area near the northern property line was a designated wetland and would need to be protected if development was to take place in this area. The applicant has incorporated this requirement into the new conceptual site plan for the development by showing the area to be left as open space to remain in its natural state. By virtue of this, the residents to the north are gaining a significant natural buffer. There are multiple amenities proposed for the Parker Village development, both for the residential single - family housing area and the apartment complex. The potential amenities to be provided include pools, various sport courts, and playgrounds. A significant amenity to the development will `i be incorporated into the required stormwater detention area (Reserve Area B) in the form of a trail that runs around the reserve. This trail will also be a part of a sidewalk and trail system that will allow for easy walkability through the entirety of Parker Village. The maintenance for all reserve areas within the PUD will be the responsibility of the Homeowners' Association established for the single - family housing neighborhood. All amenities within the apartment complex will be the responsibility of the apartment complex owner. The language regarding the permitted uses in Development Area A is the same as the original PUD. Development Area A will be zoned CS and will allow all by right CS land uses to locate there. A narrow selection of uses allowed with a specific use permit (SUP) in CS zoning are allowed by right With this PUD document, including carpet stores, copying services, greenhouses (retail), and printing and publishing services. Office land uses would also be allowed within the CS zoned area. Self - storage is listed as a possible land use for Development Area A, but staff is recommending a requirement that any self- storage be restricted to the eastern portion this development area and not be allowed to have frontage on Garnett Road. Another change of note is the minimum lot width requirement for Development Area C where the single - family housing area is proposed. The original PUD called for 55 foot wide lots, whereas the amended PUD proposes a significantly wider lot minimum of 64 feet. All trash areas and mechanical equipment must be screened as per the Owasso Zoning Code. All lighting and architectural standards set by the Zoning Code must also be met. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS to the property. Water service is split between Washington County Rural Water District #3 and the City of Owasso. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: After considering the existing zoning and land uses on the surrounding properties, staff has determined that the proposed amended PUD is appropriate for this location. The proposed development places the commercial and residential land uses in appropriate locations in relation to the surrounding existing land uses and follows the principals of the GrOwasso 2030 Land Use Master Plan. It also employs enhanced protective measures, such as the increased setback requirements from the northern boundary and the preservation of a large natural area, both of which serve to protect surrounding existing land uses. GROWASSO 2030 LAND USE MASTER PLAN CONSISTENCY: The GrOwasso 2030 Land Use Master Plan is a document that acts as a moderately flexible tool for evaluating development proposals. The Land Use Master Plan calls out for 3 different categories of land uses on the subject property: commercial, transitional, and residential. Each development area in the proposed PUD amendment closely lines up with the Land Use Master Plan designations. Therefore, staff has determined that the proposed amended PUD and its development areas are in compliance with the Land Use Master Plan. NEIGHBORHOOD INFORMATIONAL MEETING: On August 29, 2019, the applicants held an informational meeting for property owners nearby the proposed amended PUD. Letters were sent out to all property owners within 300' of the development to inform them of the meeting. The meeting was a chance for the applicants to explain in detail what the proposed amendments were, and it also gave the nearby property owners the opportunity to express concerns and ask questions. At the meeting, in addition to the applicants and members of City staff, there were 8 citizens in attendance. The main concerns expressed by the property owners were focused on the placement and height of the apartment complex buildings and the protection of the wetland area. There were also questions regarding how utilities would be provided to the development and where they would go. PLANNING COMMISSION & COUNCIL CONSIDERATION: When evaluating a PUD amendment, future planning issues must be considered. According to the Owasso Zoning Code, the Planning Commission and City Council shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the GrOwasso 2030 Land Use Master Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance, which are: a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on September 9, 2019. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Parker Village PUD Amended Proposal r YS > � of .. FIRST APPROVED JULY, 2017 AMENDED AUGUST, 2019 APPLICANT/ OWNER: BAK DEVELOPMENT, LLC C/o BILL EMERY 2404 E. 26TH PL. TULSA, OK 74114 -4302 wiiliaro.a.emerv@gmail.com 918- 663 -0671 ENGINEERING CONSULTANT: TUTTLE & ASSOCIATES, INC P.O. BOX 471313 TULSA, OK 74147 tuttle-associates@sbcgiDba1.net 918- 663 -5567 q F JEffREY i ARTHUR TUTTLE i 12667 �`� LAHO TABLE OF CONTENTS PROPERTY DESCRIPTION ................................................................................... ..............................2 H. DESIGN AND INTENT STATEMENT................... ............................ .............................................. 3 -5 EXHIBIT LIST: Exhibit A: Aerial Photography & Boundary Depiction ................................... ..............................6 Exhibit B: PUD Site Plan ................................... ........- ---- - '7 111. DEVELOPMENT STANDARDS: Development area A ................ Development area B ................ Development area C ................ IV. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS ........................................ ........ 11 -13 [V.A. Access and Circulation ............................................................................. .............................11 IV.B. Signs ............................................................................................................ .............................11 IV.C. Utilities and Drainage ............................................................................... .............................12 IV.D. Environmental Analysis and Topography .............................................. .............................12 IV.E. Existing Zoning and Land Use .................................................................. .............................12 IV.F. Platting and Site Plan Requirements ...................................................... .............................12 IV.G. Landscaping and Screening Requirements ........................................... .............................13 IV.H. Additional Development Standards ....................................................... .............................13 IV.L Schedule of Development ......................................................................... .............................13 EXHIBIT LIST: Exhibit C: Development Areas .......................................................................... .............................14 Exhibit D: Existing Utilities ................................................................................ .............................15 ExhibitE: Existing Soils ...................................................................................... .............................16 Exhibit F: Existing Zoning Map ......................................................................... .............................17 ExhibitG: Proposed Zoning Map ..................................................................... .............................18 Exhibit H: Proposed Decorative Entry Wall ................................................... .............................19 1 OPUD 17 -01A /OZ 19 -05 TUTTLE & ASSOCIATES INC, CERTIFICATE OF AUTHORIZATION NO. CA 465 JULY 2019 P.O. BOX 471313, TULSA, OK 74147 918 - 663 -5567 AUUMMUM 1. PROPERTY DESCRIPTION Parker Village consists of 57.536 acres located north and east of the intersection of 1060 St. N. and Garnett Rd., in the City of Owasso, Oklahoma, and is more particularly described within the following statement: A TRACT OF LAND THAT IS A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER (S /2 SW 14) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW14) OF SAID SECTION 8; THENCE SOUTH 88 °4311 WEST AND ALONG THE SOUTH LINE OF SAID SW /4, FOR A DISTANCE OF 314.60 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 04311" WEST AND CONTINUING ALONG SAID SOUTH LINE, FOR A DISTANCE OF 1007.49 FEET TO A POINT AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW 14 SE/4 SW /4) OF SAID SECTION 8; THENCE NORTH 1 °21'10" WEST AND ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SE /4 SW 14) OF SAID SECTION 8, FOR A DISTANCE OF 660.06 FEET TO A POINT AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N 12 SW /4 SW 14) OF SAID SECTION 8, THENCE SOUTH 88 043'45" WEST AND ALONG THE SOUTH LINE OF SAID N 12, FOR A DISTANCE OF 1322.76 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 1 °24'41" WEST AND ALONG THE WEST LINE OF SAID NORTH HALF, FOR A DISTANCE OF 660.29 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 88 044'14" EAST AND ALONG THE NORTH LINE OF SAID NORTH HALF, FOR A DISTANCE OF 1323.44 FEETTO A POINTAT THE NORTHEAST CORNER OF SAID NORTH HALF, SAID POINT ALSO BEING ON THE SOUTH LINE OF BLOCK 5, "MAPLE GLEN II ", ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6365); THENCE NORTH 88 044'14" EAST AND ALONG THE SOUTH LINE OF SAID BLOCK 5, THE SOUTH LINE OF BLOCK 4, "MAPLE GLEN III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6474), AND THE SOUTH LINE OF BLOCK 2, "MAPLE GLEN IV', AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6519), FOR A DISTANCE OF 1323.44 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE SOUTH 1 017'39" EAST AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SW /4) OF SAID SECTION 8, FOR A DISTANCE OF 959.80 FEET; THENCE SOUTH 88 043'11" WEST FOR A DISTANCE OF 314.60 FEET; THENCE SOUTH 1 017'39" EAST FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2,506,261 SQUARE FEET OR 57.536 ACRES The above described property will hereinafter be referred to as the "Site" or "Subject Property" and is depicted on Exhibit A, "Aerial Photography & Boundary Depiction." 2. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 U. DESIGN AND INTENT STATEMENT Parker Village is a major amendment to OPUD 17 -01 approved July 11, 2017 as a mixed -use Planned Unit Development (PUD) proposing commercial and residential development of 57.536 acres located north and east of the intersection of 1061^ St. N. and Garnett Rd., in the City of Owasso, Oklahoma. The project was originally approved as Emery Village and is being re -named Parker Village. The major amendment is required as an additional 2.5 acre parcel has been added to the project (SW /4 SW /4 SE /4 SW /4). The project proposes a variety of uses, with a commercial area along N. Garnett Rd adjacent to Wheels and Thrills, a Multi - Family neighborhood north of the Commercial Area and Single - Family detached subdivision on the east 37.5 acres. The original PUD had 4.77 acres of Retail /Office use, 13.57 acres of Multi - Family use, 7.52 acres of Attached Single - Family use, and 27.46 acres of Single - Family Detached use. (Gross Acres) The amendment proposes 3.69 acres Retail /Office /Self Storage, 16.37 acres of Multi - Family (of which, 2.070 acres is Wooded Natural Terrain left as Open Space), and 37.484 acres of Single - Family Detached residential. Streets and pedestrian access ways, consisting of sidewalks and /or trails, will connect each neighborhood to the next, and the Multi - Family community to the commercial development area. Parker Village will provide a mix of uses, each transitioning appropriately to the next in an integrated community setting, which community will become its own neighborhood within Owasso and will relate to other neighborhoods and the City as a whole. Parker Village will be endowed with ample open spaces, amenities, and development standards to ensure a strong neighborhood with unique character and quality of life for generations to come. The locations of land use and proposed underlying zoning districts, streets, amenities, and open spaces have been designed to buffer and transition between differing land uses and land use intensities. Traffic calming measures will be utilized along the public collector street. These will be established at the time of platting. By its design, as outlined in the Owasso Zoning Code, this PUD is intended to: provide a unified treatment of the development possibilities of the project site; encourage creative development of land; promote project design that is often unseen in conventional development; serve as a tool for intelligent, well - planned, and quality developments that fit within Owasso's existing neighborhoods of the surrounding area; provide flexibility to allow for the development of properties with unique physical characteristics by promoting innovative design and providing guidelines which ensure that development is beneficial to the City of Owasso's future growth. Further, this PUD has been prepared to achieve the 10 specific goals listed in the Owasso Zoning Code: 1. Maintain and Enhance the Quality of Life in Owasso. 2. Provide Opportunities for Urban Infill. 3. Maintain and Promote a Sense of Community. 4. Encourage Development That Otherwise Could Not Occur on the Site. 5. Preserve and Provide Meaningful Open Space. 6. Promote Connectivity and Compatibility with Surrounding Development. 7. Inspire Unique and Thoughtful Development. 0 OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 8. Support the Development of Strong Neighborhoods. 9. Provide Amenities Beyond Conventional Development. 10. Preserve the Physical Characteristics of the Land. The subject property is presently zoned CS Commercial Shopping Center District, RM Multi- Family Residential District, RNX Residential District, and RS -3 Residential District. In order to permit the desired land uses and intensities proposed by this PUD, an accompanying application OZ 19 -05 is being filed to rezone all the RNX to RS3 and transfer some CS to RM. This PUD proposes retaining existing CS zoning to support commercial uses within commercial development area A. Development Areas are generally depicted on Exhibit C "Development Areas." Commercial Development Area A is planned for retail- oriented businesses, commercial, office, and /or self - storage business use. Self- storage shall only be allowed within Development Area A, as long as, it does not have frontage on Garnett Rd. By this PUD, the self- storage business use shall be allowed in the CS district, limited to Development Area A. The two (2) residential development areas (B and C) propose different neighborhoods including Multi - Family and detached Single - Family. Each neighborhood will feature its own unique designs and neighborhood amenities. Land and specific features will be sited and designed during the platting phases. Amenities will be constructed and shall include at least one (1) amenity from each of the four (4) categories specified in Zoning Code Table 9 -1. As reflected on the "Illustrative Site Plan ", neighborhood amenities may include such uses as pools, clubhouses, pond water features with fountains, trails, gazebos or other shelter structures, and open spaces, and the large, central common area containing the detention pond could host additional amenities such as playgrounds, sport courts, courses, or fields, picnic areas, gardens, etc. The neighborhood amenities in the RM district (Area B) will be maintained by the owner of the apartment complex. Amenities in Reserve Areas A, B, C and D will be maintained by a neighborhood Home Owner's association to be formed by the Deed of Dedication and Restrictive Covenants of a subdivision plat. Should multiple such associations be formed by separate subdivisions, all will be obligated to maintain, in pro -rata share or as otherwise specified by applicable agreements or bylaws, all neighborhood amenities to which they have access. As represented on Exhibit B, a public street is conceptually proposed to connect all development areas to Garnett Rd. and 106v' St. N. Public streets serving Parker Village shall be constructed to meet the standards of the City of Owasso for public streets. Any gates serving private streets or drives shall be designed according to the Fire Code adopted by the City of Owasso and be approved by the Owasso Fire Marshal during the platting stage. Multi - Family use requires RM Residential Multi - Family District zoning to support Multi - Family dwelling units. Beyond the CS and RM districts, the balance of the site is proposed to be rezoned to RS -3 Residential Single - Family High- Density District. The GrOwasso 2030 Land Use Master Plan provides that the existing CS zoning (which will be retained) is allowed within the Commercial designation and the requested RS -3 zoning is allowed within the Residential designation. The requested RM is understood to be consistent with the Master Plan. All proposed underlying zoning districts correspond with the Master Plan designations. Existing and proposed zoning are reflected on Exhibits F and G, respectively. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 The PUD will allow the most efficient use of the land which is harmonious with the surrounding land uses, as represented on Exhibit A, "Aerial Photography & Boundary Depiction." A conceptual development plan depicting the Development Areas and design features is provided on Exhibit B "Illustrative Site Plan ". Final Development Area boundaries and areas shall be established by required PUD subdivision plats. The PUD shall be developed in accordance with the use and development regulations of the City of Owasso Zoning Code, except as otherwise specified herein. Bulk and area standards within the proposed Development Standards generally follow those of the proposed underlying zoning districts. Where exceptions are proposed for design flexibility, the concerned bulk and area standard is designated with a "t" symbol in the tables that follow in Section III of this PUD. Although the Owasso Zoning Code, and current existing PUD, would permit more dwelling units in the proposed underlying RM and RS -3 zoning districts, this PUD will restrict the residential development areas to 418 total dwelling units, including 300 Multi- Family and 118 detached Single - Family dwelling units. In addition to lowering the density otherwise permitted, this PUD will impose higher development standards than if developed with straight residential zoning. This PUD has been prepared by Tuttle & Associates, LLC of Tulsa on behalf of the owner, BAK Development, LLC. Due to the scale of the property, the mix of land uses proposed, and the anticipated time horizon to ultimate build -out, this PUD proposes to establish a conceptual development plan with designation of development areas, allocation of uses and intensity of uses and development standards and conditions, to be followed by more specific subdivision plats and commercial detailed site plans for each phase of development. Development of the project is expected to commence and be phased and completed as market conditions permit. Development within Area C is anticipated to be the first phase. 5. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 MAJOR AMENDMENT TO OPUS 17 -01 PARKER VILLAGE EXHIBIT A AERIAL PHOTOGRAPHY & BOUNDARY DEPICTION WITH ADJACENT DEVELOPMENTS LABELED OPUD 17 -01 V JULY2015 T,TTLE S ASSOCIATES, INC CERTIFICATION OF AUTHORIZATION NO CA465 P.O. BOX 471513, TULSA OIC 74147518- 6635587 NORTH OMER/DEVELwo: )ILLUSTRATIVE SITE PLAN PARKER VILLAGE PARKER VILLAGE THE PROEM CONSISTS OF 67.62 ACRES LOCATED NORM AND BAS? OF THE HMRSHCrIOM OF 106TH ST. N. AND GARNET? RD., IN THE CITY OF OWASSO, OMTAHOMA Tuffl. & A .... ilit., Inc. OPUP 17-01 P.O. BOX 47M' .3 Fh. (918) 60- m X OF AUT W CA M' ---------- I r---A uw--'W� 9F— I .. .... 5' 14� ON 'i k2t al --- ji unked Urq�lcttld P;Ottol 4:, i1.lp[Gttud �GENO 2 I rr fj --7 III. DEVELOPMENT STANDARDS DEVELOPMENT AREA A Gross Land Area: 160,621 SF 3.69 AC Net Land Area: 102,485 SF 2.35 AC Proposed Zoning: CS Permitted Uses: Uses permitted as a matter of right in the CS Zoning District, uses permitted by Specific Use Permit and /or PUD including only carpet store, copying services, greenhouse (retail), and printing and publishing, office, self- storage, and uses customarily accessory to permitted uses. All uses classified as "sexually oriented" within the City of Owasso Zoning Code (Section 650), self- storage, and all open -air storage uses are prohibited. Maximum Floor Area Ratio: 0.61 Maximum Building Height: 50 FT Minimum Public or Private Street Frontage, 150 FT Minimum Building Setbacks: - From Non - Arterial Street Right -of -Way: 10 FT - From South PUD Boundary: 15 FT - From All Other Boundaries: 0 FT - B/L Setback Along North Garnett Road: 35 FT - Minimum Parking Ratio: 1 per 175 SF building floor area * ** Minimum Bicycle Parking: As per Zoning Code Table 9.1 Other Bulk and Area Requirements: As required within CS-1 istrict * Any interior lot having no street frontage shall be provided access to a public street by access easement(s) approved by the City of Owasso during platting review. ** Plus 2 feet of setback for each 1 -foot building height exceeding 15 feet if the abutting property is within a RE, RS, RD or RTH District. * ** To be reduced to 1 per 200 SF building flood area upon development of Development Area B (excluding self- storage use) with mandatory mutual parking privileges as provided in this PUD. OPUD 17-01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 DEVELOPMENT AREA B Gross Land Area: 712,881 SF 16.37 AC Net Land Area: 637,279 SF 14.63 AC Proposed Zoning: RM Permitted Uses: Uses permitted by right in the RM District, including multi - family dwelling, duplex dwellings, and customary accessory uses, including private common area facilities such as clubhouse, swimming pool, playground, and recreational open space. Maximum Dwelling Units / Per Acre: 300/18.33 Minimum Lot Width: 100 FT Minimum Lot Size: 7,000 SF Maximum Building Height: 3 Stories and 50 FT ** Minimum Parking Ratio: As per Zoning Code Minimum Bicycle Parking: As per Zoning Code Minimum Livability Space: 800 SF * ** Minimum Yard Setbacks (Multi - Family): - Yard Abutting a Public or Private Street: 20 FT - From North PUD Boundary: 37.5 FT * * ** - From Development Area C Boundary: 37.5 FT - From All Other Boundaries: 0 FT - B/L setback along North Garnett Road: 35 FT Minimum Yard Setbacks (Other Uses): As required within the RM District Other Bulk and Area Requirements (Multi - Family): As required within the RM District Other Bulk and Area Requirements (Other Uses): As required within RM District * Applies to Multi - Family lots; Any interior Multi - Family lot having less than the minimum required street frontage shall be provided access to a public street by access easement(s) approved by the City of Owasso during platting review. ** Uses other than multi - family are restricted to 2 stories and 35'. * ** Livability space may be located on a lot or contained within common open space of the development. * * ** Or 20' of setback for each 1' building height over 15' if abutting property is within an R District, whichever is greater; provided, however, that no building over 2 stories in height shall be allowed within 50' of the norther property line, regardless of abutting zoning. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 DEVELOPMENT AREA C Gross Land Area: 1,632,801 SF 37.48 AC Net Land Area: 1,583,315 SF 36.35 AC Proposed Zoning: !asrecreational RS -3 Permitted Uses: Detached ential dwellings and customary accessory uses, including private common area facilities such open space. Maximum Dwelling Units / Per Acre: 118/3.21 Minimum Lot Width: 64 FT t Minimum Lot Size: 7,000 SF tt Maximum Building Height: 2 Stories and 35 FT Minimum Off - street Parking: Two (2) enclosed off - street parking spaces required per dwelling unit (can include garage) Minimum Livability Space: 4,000 SF ** ttt Minimum Yard Setbacks: * ** - Front Yard: 20 FT tttt - Rear Yard: 20 FT - Side Yard Abutting a Street: 15 FT Side Yard Not Abutting a Street: 5 FT One Side, 5 FT Other B/L setback along East 106'" Street North: 35 FT Other Bulk and Area Requirements: As required within the RS -3 District * Architectural features may extend a max. of five (5) feet above maximum permitted building height. ** Livability space may be located on a lot or contained within common open space of the development. * ** Front -entry garages shall set back not less than 25', and side -entry garages shall be set back not less than 20 feet. t cf. 65FT Zoning Code page 13- 4.5.1 —Table 4.7 tt cf. 7,000 SF Zoning Code page 13 — 4.5.1 —Table 4.7 tt cf. 25FT Zoning Code page 13- 4.5.1 —Table 4.7 ttt cf. 4,000 SF Zoning Code page 13 — 4.5.1 —Table 4.7 tttt cf. 25 FT from Garage per City of Owasso 10. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 IV. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS IV.A. ACCESS AND CIRCULATION: An interconnected street network will connect the various development areas within Parker Village to Garnett Rd. and 106th Street North. A traffic study has been conducted and the report was been filed along with the previous PUD application. Public streets serving Parker Village shall be constructed to meet the standards of the City of Owasso for public streets. Private drives and parking lots in Development Areas A & B streets shall be maintained by the owner of the lot. Any gates serving private streets or drives shall be designed according to the Fire Code adapted by the City of Owasso and be approved by the Owasso Fire Marshal during the platting stage. One Commercial driveway connection to N. Garnett Rd. is allowed for Development Area B and will be right turn in /right turn out only. Pedestrian and bicycle connectivity between neighborhoods within Parker Village and to adjacent areas will be planned and included in development designs during the platting process. Sidewalks, including both internal and along exterior street frontages, shall be constructed by the developer or individual lot owners in accordance with the Owasso Subdivision Regulations. Sidewalks which are proposed outside of public or private street rights -of -way shall be placed in a sidewalk easement. Limits of No Access (LNA) will be imposed by the future plat(s) along arterial street frontages, except at approved street intersections. IV.B. SIGNS: Businesses within commercial Development Area A having no frontage on Garnett Rd. and the Multi - Family development within Development Area B, may be served by ground signs along Garnett Rd. and located within Development Area A and B, which ground sign(s) shall be allowed in addition to the ground sign(s) serving the host lot as otherwise permitted. Within commercial Development Area A, businesses having no frontage on Garnett Rd. may additionally be served by ground sign(s) along the collector street. The maximum number, height, display surface area, and design standards for signs located within Development Areas A and B shall be established by a Unified Sign Plan (USP) to be approved by the City of Owasso as outlined within the Owasso Zoning Code. To identify residential uses within Development Areas B and C, one (1) entrance sign shall be permitted along 106th St. N. and N Garnett Road, located in a reserve area in, or adjacent to, the collector street. The sign shall be restricted to 6 feet in height and 100 square feet in display surface area, Development standards for signage serving Development Areas B and C may be modified if included with the Unified Sign Plan (USP) as stated above. Except as otherwise outlined herein and except as may be approved as part of the Unified Sign Plan (USP), all signage shall comply with the Owasso Zoning Code, and any changes to signage requirements must be approved by the Community Development Department. 11. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 IV.C. UTILITIES AND DRAINAGE: Per information furnished by the City of Owasso, the westerly approximately 20 acres of the subject property is within the City of Owasso water service area; the balance ofthe site is within the Washington County Rural Water District# 3 (RWD) water service area. The westerly approximately 20 acres of the subject property will be served by a 12" waterline along the west side of Garnett Rd., and the balance of the site will be served by customary extensions of the existing RWD waterlines in the area. The site is served by an existing eight (8) inch sanitary sewer line along the east side of Garnett Rd., which has adequate capacity. Sanitary sewer and waterline extensions to and throughout the project will be required and will be designed during the platting stage. New sanitary sewer lines will be extended within the development in order to provide all lots with service. Waterlines shall be looped within the interior of the subdivision to provide water service and fire protection. Fire hydrant locations shall be coordinated with and approved by the Owasso Fire Marshal during platting and commercial site plan stages. The site is moderately sloped and drains northwesterly through onsite farm ponds to an upstream tributary of Bird Creek. An internal stormwater collection and detention system will be designed and constructed to drain the site. Early concepts for drainage indicate a detention facility planned to be constructed in Reserve Area A will provide detention storage for the entire project. IV-D. ENVIRONMENTAL ANALYSIS AND TOPOGRAPHY: The site is moderately sloped and drains northwesterly through onsite farm ponds to an upstream tributary of Bird Creek. There are no FEMA- designated Special Flood Hazard Areas within or adjacent to the subject property. The Soil Survey of Tulsa County, Oklahoma was used to help identify soils types and possible constraints to development. The site primarily contains Dennis - Paroah silt loam (3 to 5% slopes; 64.69 of site area), with the balance containing Okemah silt loam (0 -19 slopes; 26.59 of site area), Dennis - Radley Complex (0 to 12% slopes; 4.59 of site area), and Okema- Parsons - Pharoah Complex (0 -19 slopes; 4.4%ofsite area). Development constraints associated with these soil types will be addressed in the engineering design phase of the project. Prior to construction, a geotechnical report will be performed to recommend paving sections and subgrade design. Soil types and associated slopes are shown on Exhibit "E" and topography is represented on Exhibit "C" of this PUD. IV.E. EXISTING ZONING AND LAND USE: Consisting of four (4) existing parcels; former houses, barns, and accessory buildings have been removed. The site is generally vacant / agricultural and contains two (2) ponds and a stand of trees. Commercial Development Area A is presently zoned CS, Development Area B is presently zoned CS and RM, Development Area C is presently zoned RNX and RS -3. IV.F. PLATTING AND SITE PLAN REQUIREMENTS: No building permit shall be issued until a subdivision plat has been submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record. The required subdivision play shall include covenants of record implementing the development standards of the approved PUD and the City of Owasso shall be a beneficiary thereof. The plat will also serve as the site plan for all residential lot contained within the plat. Nonresidential buildings within Development Areas A and B, and any neighborhood amenities requiring a building permit, shall submit and receive Owasso Community Development staff approval of a site plan application. 12. OPUD 17 -01A / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.663.5567 IV.G. LANDSCAPING AND SCREENING REQUIREMENTS: Landscaping and screening shall meet orexceed the requirements of the Owasso Zoning Code. A screening fence not less than 6 feet in height shall be installed: * Along the southern portion of Development Area A adjacent to Wheels and Thrills. * Along the Northernly portion of Development Area B, except where Reserve Area A is located (there will be no fences installed on the north line of Reserve Area A). * On the west side of Area C adjacent to existing large tracts. * The entire east side of Development Area C. * The whole northernly side of Development Area C (including the North side of Reserve Area B), unless the existing fences are in good repair. No fences will be installed on the South side of the arterial road between Development Area A and Development Area C. The PUD will meet the 20% open space requirement as described in Owasso Zoning Code. Decorative fencing shall be installed and maintained along N. Garnett Rd. and 10611 St. N. frontage, which shall be contained in a Reserve Area or easement as established by the subdivision plat. If wood fencing is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. The property owners' association formed by the Deed of Dedication and Restrictive Covenants of the subdivision plat shall be responsible for maintain this fence. See Exhibit H for concept drawing of entry walls. IV.H. ADDITIONAL DEVELOPMENT STANDARDS: Within commercial Development Area A, the subdivision plats shall contain restrictive covenants (1) providing for mutual parking privileges, so that all lots may allow their excess parking spaces to be used by patrons of adjacent lots (self- storage businesses shall be exempt), (2) lot maintenance covenants requiring such lots to be maintained clear of trash and debris, and (3) requiring full screening for outdoor heating, ventilation, and air conditioning (HVAC) equipment. Within commercial Development Area A, no metal exterior surfaces shall be allowed for commercial buildings, no metal exterior surfaces shall be allowed for exterior building facades facing streets or lot boundaries. Within residential Development Area C, (1) detached Single - Family dwellings must have at least fifty (50) percent fagade coverage of brick, stone, or another similar type of material, and (2) all subdivision plats shall contain restrictive covenants providing for minimum dwelling size and masonry content. Within residential Development Areas B and C, no HVAC or other mechanical equipment shall be permitted within the five (5) foot side yard setback areas. IV.I. SCHEDULE OF DEVELOPMENT: Development of the project is expected to commence and be phased and completed as market conditions permit. Development within Development Area Cis anticipated to be the first phase. 13. OPUD 17 -OIA / OZ 19 -05 TUTTLE & ASSOCIATES, INC AUGUST 2019 P.O. BOX 471313, TULSA, OK 74147 / 918.6615567 MAJOR AMENDMENT TO OPUD 17 -01 PARKER VILLAGE EXHIBIT C DEVELOPMENT AREAS OPUD 17 -01 1 7ULV2019 TUT7LE & ASSOCIATES, tNC nt CERTIFICATION OF AUTHORIZATION NO CA 465 P.O. BOX 471313, TULSA OIS 74147 918 -663 -5567 NORTH MAJOR AMENDMENT TO OPUD 17 -01 PARKER VILLAGE EXHIBIT EXISTING UTILITIES EXISTING UTILITIES PER CITY OF OWASSO ATLAS DATA OPU017-01 7UlY201� TUTTLE BASSOCWTES, INC CERTIFICATION OF AUTHORIZATION NO CA 465 P.O. BOX 471313, TULSA OIC74147913RS3 M NORTH 15 MAJOR AMENDMENT TO OPUD 17-01 PARKER VILLAGE EXHISIT E EXISTING SOILS SOIL DATA FROM USDA WEB SOIL SURVEY, ACCESSED FEBRUARY 20, 2017 OAT/1J 17 -91 NO x.. P.0_ BOX 471313. TULSA 01C741479t8.Sa -45567 t NORTH Tg i <` tl ut4 _ G�3fiiLJ.Ti A '3r OAT/1J 17 -91 JULY 2074 TUTTLE $ ASSOCIATES, INC CERTIFICATION OF AUTHORnTION NO CA 40 x.. P.0_ BOX 471313. TULSA 01C741479t8.Sa -45567 �✓ NORTH 1� I MAJOR AMENDMENT 70 OPUD l7 -01 PARKER VILLAGE EXHIBIT F EXISITING ZONING MAP PER CITY OF OWASSO GIS, MODIFIED PER INCOG DATAACCESSED JUNE 01, 2017 OPUD 9TH DULY 20:9 � NRLc S C9O C wt AU RIMTI P.O. SOX 131. AOK741T 91N 2565 P.O.80%S>]3]3. TILSw OK >L14f 916E6]256T NQRTH 11 1 I 1 MAJOR AMENDMENT TO OPUD 17 -01 PARKER VILLAGE EXHIBIT G PROPOSED ZONING r I n� � r ri Y' [[I. y� I E� t'l 3V 3E. - QTr� �M Op JpUUULY ?Oi9 CETIFT FAUTH RIZA IO P.C. BOIX 471M. TULSA K74-14791NO3ZV P,Q BOK97i�t3, lUL9A0IC 74137918-6W�'a567 NORTH l8 PARKER V I LLAGE.; 19 PARKLR VILUGE, EXHIBIT H C_ sd REAL Paov�P • gEAI CM1mLbr • gEAL Communlly TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Specific Use Permit (SUP 19 -01) — Time to Shine Car Wash DATE: September 6, 2019 BACKGROUND: The City of Owasso received an application for review and approval of a Specific Use Permit for Time to Shine Car Wash. The property is located at 11515 East 96th Street North. A Braum's Ice Cream and Dairy store lies to the west and Tulsa Teachers Credit Union to the east of the subject property. The total property area is approximately 4.09 acres, but only the southern 1.26 acres of the property would be used for the car wash facility. The entire 4.09 acres was annexed into City limits and assigned a zoning of Commercial Shopping (CS) with Council's approval of Ordinance 1148 in May of this year. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North A riculture AG Undeveloped Commercial Tulsa County South Agriculture AG Undeveloped Commercial Cit of Owasso East Commercial Shopping CS Financial Institution Commercial City of Owasso West Commercial General CG Commercial /Retail Commerci ty of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 4.091 acres +/- (Total Lot Area) 1.26 acres +/- Car Wash Area Current Zoning Commercial Shopping CS Proposed Use Commercial Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider City of Owasso Applicable Paybacks Storm Siren Fee of $35.00 per acre Garnett Regional Detention Fee of $30,737 per acre ANALYSIS: A specific use permit (SUP) is required in certain zoning districts for uses that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject property is located within the US -169 Overlay District which does not allow for Auto Wash developments unless submitted with a Specific Use Permit. The subject property is surrounded by existing commercial developments, and the GrOwasso Land Use Master Plan identifies this area for commercial uses. Considering the Land Use Master Plan and the existing zoning of CS on the subject property, staff determined that a commercial land use, such as a car wash, may be appropriate if the correct controls are utilized with an SUP. The applicant has worked with staff to design the site and structure in an appropriate manner that conforms to the design requirements of the Zoning Code. The vacuum stations have been located along the frontage of East 96th Street North, which will serve to mitigate excessive noise should an office use be developed to the north of the property. Considering the context of the area, there appears to be little impact to the adjoining properties. The applicant has indicated that this property will be divided into two separate tracts. The car wash will occupy the southern portion, while the remaining northern portion of the property, consisting of approximately 2.83 acres, will remain undeveloped. However, access needs to be ensured to this tract, as it will not have direct access to a public street. For this reason, staff recommends that the entirety of the property be platted at one time and that a mutual access easement (MAE) be recorded between the car wash lot and the underdeveloped tract where the site plan currently indicates a private drive. This property lies within the regional detention area drainage basin and thus qualifies for utilizing this facility, which is located behind the Caudle Commercial Center to the southwest of the site. There is a payback for use of the facility, but the developer may fully utilize their site by not having to provide on -site deneation. This particular car wash facility operates as a tunnel wash with several vacuum bays along the south side of the structure. These vacuum bays will be covered with a canopy structure to provide shade for the customer. Ample stacking space on the north side of the building will mitigate any traffic issues. The building fagade will consist of both split -faced block and hardboard siding, with metal seamless steel roofing, all of which meet the US -169 Overlay District standards. The conceptual site plan shows a private drive running along the northern boundary of the car wash lot connecting the lot to the east and the Broum's lot to the west. Additionally, a connection point has been shown with the private drive to the east that connects to East 96th Street North. By virtue of these drives and connection points, there will not be another curb cut introduced on 96'h Street North. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their meeting on September 9, 2019. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package a �1 nf�If. I a Mx r (�k IQ " V 376 ft p "U ..t}". I our ly -U I .� 9423 - Time to Shine, Car Wash ay of related geographic information. 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'u 5.o L Lv W 'm b L L tv W y L L 5v ' to C3 mem ..wn.mu,w , �r sue^ mw sln¢r xam SITE LIGHTING FIXTURE SCHEDULE did, �mab 1 1, $ ,0I s � is ,a u �mc+.."°"c ueeaa x«ra• ®wn n°ORm: ee oivam n,°1"moi4i°19 ,uv�de mi"v`aunw if w rw Ir 11°"m i"e°i3iwurio� wax nmp ON V® CCfa� EXPRESS CARWASH sm PLAN - ILLUMINATION SE -101 IV �� OREALPO P10•REALCII.— •REALCommuMty TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Contract Execution: 2019 -20 Community Development Block Grant funds for Hale Acres sanitary sewer lines DATE: September 6, 2019 BACKGROUND: On March 19, 2019, the Owasso City Council approved Resolution 2019 -10, identifying the continuation of the replacement of sanitary sewer lines in the Hale Acres subdivision for the 2019- 2020 Community Development Block Grant (CDBG) allocation. As mentioned in the memo dated March 15, 2019 (attached), continuing the sewer line replacement work is a priority in this neighborhood to address the many infrastructure issues from below ground level upwards. Owasso is to be allocated $133,117 of CDBG funds for the project. CONTRACT EXECUTION: C_ As part of the CDBG process, a contract guaranteeing completion of the work as outlined is required between Owasso and Tulsa County. The contract states that the City shall be responsible for the oversight of the project titled "Hale Acres Sanitary Sewer Line Rehabilitation" and to meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth within the contract. Further, the City agrees to perform those duties, obligations, and representations contained in the application to Tulsa County, and are bound by the provisions of its application, and all amendments to said contract. The contract must be signed by all parties prior to putting the project out to bid. On August 26, 2019, Indian Nations Council of Government (INCOG) provided the attached contract that requires a signature from the City Manager and City Attorney. Once signed, the contract is forwarded to INCOG, where the Chair of the Tulsa County Board of Commissioners signs the same document. FUTURE ACTION: Staff intends to seek City Council authorization for the City Manager to execute the attached contract between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY ") for the utilization of CDBG funds with the required signatures. ATTACHMENTS: Memo dated March 15, 2019, with CDBG Signed Application and Resolution 2019 -10 FY 2019 CDBG Contract Project Map APPROVED BY COUNCIL R REAL Cammanlry MAR 19 2019 TO: The Honorable Mayor and City Council FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT. Resolution 2019 -10, Project Application Community Development Block Grant (CDBG FY 2019) DATE: March 15, 2019 BACKGROUND: The primary objective of the national Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one (1) of the following national objectives: ➢ Provide benefit to low and moderate income persons; ➢ Aid in the prevention or elimination of slums or blight; and D Meet other community development needs having particular urgency or posing a serious or immediate threat to the health or welfare of a community. ANTICIPATED FUNDING: On January 28, 2019, the Indian Nation Council of Governments ( INCOG), provided information regarding the FY 2019 CDBG application cycle. A completed application, which includes a public hearing, resolution, and cooperation agreement, is due no later than April 5, 2019. Owasso will receive an allocation of approximately $138,377 for the FY 2019 CDBG funding cycle, which does not require local matching funds from the City. INCOG has also given staff permission to combine the FY 2018 allocation of $138,377 with the remaining balance from the FY 2017 allocation of approximately $5,200, providing a total available amount of $281,954 for the selected project. Staff believes that combining the funds into one larger project will result in better bids received. PAST CDBG PROJECTS: In the past, Owasso has utilized CDBG monies for sidewalk, sanitary sewer, street, and park improvements. In 2014, Housing of Urban Development (HUD) changed the income limits that determined if individuals and families qualified as a low to moderate income household. As a result, Owasso lost much of its former qualifying area in and around the original town, leaving only a small area around the Baptist Village neighborhood. Owasso staff performed income surveys for smaller targeted geographic areas in the summer of 2015, qualifying the Hale Acres neighborhood near North Garnett Road and East 1161h Street North for a five (5) year period. Since the Hale Acres neighborhood qualified for funding under the revised HUD income limits, the City has utilized CDBG funds from the FY 2016, 2017, and 2018 allocations for replacement of sanitary sewer lines in this neighborhood. PUBLIC HEARING: During the application phase for the CDBG grant, a public input meeting is required to solicit comments on possible projects. A public hearing was held on March 5, 2019, one citizen spoke in favor of continuing to use the funds in Hale Acres. PROPOSED PY 2019 PROJECT: The proposed project for FY 2019 CDBG funding cycle is for continued replacement of the sanitary sewer lines in the Hale Acres neighborhood. Continuing the sewer line replacement work is a priority in this neighborhood to address the many infrastructure issues from below ground level upwards. The project will be designed in -house by the Engineering Division of Public Works. The proposed FY 2019 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe between North 106th East Avenue and North 112th East Avenue (approx.] 643 LF) and replacing it with a new 8" HDPE pipe. This work, which will be considered Phase II, will involve pipe bursting and replacement of fhe old clay pipe. Depending on how the bids come in, the work may include a partial replacement of the pipe running along North 106th East Avenue This section, considered the first section of Phase ill, will involve removal of the 8" clay pipe and replacing it with a new 12" HDPE pipe (approx. 500 LF). The work will continue to remedy many years of inflow and infiltration in this area of Owasso's collection system that was originally placed there in the 1960's. Staff has been told by INCOG that this survey used to qualify this neighborhood will expire in July 2020. This should allow the City to use two more allocations (FY 2019 and FY 2020) in this neighborhood before having to perform another survey in the fall of 2020. RECOMMENDATION: Staff recommends approval of Resolution 2019 -10, requesting assistance from the Tulsa County CDBG Urban County Program, approving an application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2019 funding cycle, and authorizing the Mayor to execute all related documents. ATTACHMENTS: Resolution 2019 -10 CDBG Application CITY OF OWASSO RESOLUTION 2019 -10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act"), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93- 383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City of Owasso has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2018 -2019; and, NOW THEREFORE, BE IT RESOLVED that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this 19th day of March, 2019, at a body, incompliance with the Open Meeting Act, of ow. cFr�c�p4 (S E kL Attest. me March 19, 2019. the governing TULSA COUNTY URBAN COUNTY fill • , • • J• + - Required Documents to be submitted with W -9 Form ✓ Documentation of Current Registration in SAM ✓ Public Hearing Documentation: Affidavit of publication or certified posted notice. ✓ Application Summary Page which includes • Project Title • Detailed Project Description • Map with target area and Census Tract/BG clearly marked • Number of population served • Census Tract(s) and Block Groups(s) identified ✓ Application Certification ✓ Attachment A: Line Item Budget ✓ Attachment B: Income Survey Summary Form • Completed form if Income Survey • LM Percentage (%) if using CT /BG data ✓ Attachment C: Other Project Funding Sources ✓ Attachment D: Certified Professional Cost Estimates /Engineering Report ✓ Attachment E: Resolution ✓ Attachment F: Project Timeline Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 1 of 2 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Name of Unit of Local Government City of Owasso, OK Mailing Address PO Box 180 Physical Address 200 South Main Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 Fax# 918.376.1597 FEW 73- 6069613 DUNS 013786215 Chief Elected Official Mayor Chris Kelly Clerk Ms. Julie Stevens 2. Name of Staff Contact Karl A. Fritschen Phone Number 918.376.1545 E -mail kfritschen @cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Hale Acres Sewer Line Replacement The FY 19 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe between N 106th East Ave. and N 112th East Ave. (approx.1643 LF) and replacing it with a new 8" HDPE pipe. This work, which will be considered Phase II, will involve pipe bursting and replacement of the old clay pipe. Depending on how the bids come in, the work may include a partial replacement of the pipe running along N 106th East Ave. This section, considered the first section of Phase III, will involve removal of the 8" clay pipe and replacing it with a new 12" HDPE pipe (approx. 500 LF). The work will continue to remedy many years of inflow and infiltration in this area of Owasso's collection system that was originally placed there in the 1960s. The attached map depicts the location of said projects. (See Attached Map) Engineering, design, bid advertisement, and construction inspections will take place with City personnel, so the entire grant amount plus any additional City portion will be used solely for installation of the new pipe. Upon environmental clearance, the City will bid the project in accordance with competitive bidding laws and requirements and Davis - Bacon. Based on past CDBG projects, it is expected that this project will be bid in the late fall or early winter of 2019. Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 2 of 2 4. Number of population served: ❑ Census Tract/Block Group # x Household Income Survey 5 Project Budget Summary: CDBG Funds (Combining FY18 and FY19) Other Sources *Pending Council approval Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 3 of 2 Lot Hale Acres FY 18 FY 19 Balance FY 17 *City of Owasso $ 138,377 $ 138,377 $ 5,200 $ 125,000 Total $ 406,954 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. (Type) Name a Title of Cht Elected Official Date 3)-M Iq tI ISEAQ State of Oklahoma County of Attest: Subscribed and sworn to before me , 20—q–. Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 4 of 2 *Pending Council approval Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment 8 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ATTACHMENT A 2419 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant:_ City of Owasso OK Construction Activity Install approx. 2143 LF ofHDPE CDBG Grant City FY18 $138,377 Other Expenditures sanitary sewer pipe $125,000.00 FY19 $138,377 $ in the Hale Acres subdivision Bal FYI $5,200 Total Construction Activity -7T2 81 954 $125,000 $ _ Professional & Non Construction Engineering /Architect Funds Inspection Funds $ Other: Survey Other: Publishing Total Professional & Non Const. $ Administrative Costs Public Administrative Funds $ _______ Direct Administrative Funds $ _______ $ Total Administrative Costs $ $ $ Total Project Costs $281,954.00 *$125,000 $406,954.00 *Pending Council approval Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment 8 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM ATTACHMENT B Activity Name: Hale Acres Sanitary Sewer Line Replacement COMPLETE THIS SECTION RV PI ACINr; TI-IF TnTeI nn Inncoo no un, icouni ' ........_..... - -- -- --- -•- - ••- ••• -- -• •- •�- ..•�.- •..J"...+.+, nu��u nvrvi IncnvuocnULu OUMVt7 IN tAUHAPPKOPRIATE .COLUMN. Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = Insert County Income Levels $37,600 $43,000 $48,350 $53,700 $58,000 $62,300 $66,600 $70,900 Number of People in Each Household 1 2 3 4 5 6 Below or Above the County 7 S Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households 19 2 27 7 35 3 33 2 26 1 2 11 00 3 1 C 00 I otal Number of Occupied Households /Homes in Activity Target Area = 218 Total Number of Persons in Activity Target Area = 816 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 171 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 577 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 154 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 90.1 % I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City-wide Low and oder a Income Level (For use only w pro' s are of City. ide benefit.) x I� Signature o ief Executive Official t Date (Sea[] Subscribed and sworn to before me Commission Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Beneficiary Income Survey Summary - Attachment B 20—. My commission expires Clerk /Notary Signature HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a projects target area boundaries are identical to BG, ED or Tracts) 20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Attachment C Agency I Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment City of Augment CDBG funds Owasso,OPWA $125,000 Pending Council Approval Ki Date s.j Other Funding Sources — Attachment C Community Development Block Grant 2019 Tulsa County Urban County Page 1 of 1 ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY Project Estimate 2018 Hale Acres CDBG Sewer Replacement Project 315/2018 Prepared By: Owasso Public We& PAY ITEMS UPIn'PRICE PIPEI13URST PIPEBURST ITEM NUMBER ITEM DESCRIPTION UNIT PRNCE QUANTITY TOTAL 1 MOBILIZATION / DEMOBILIZATION LS 51s,Doo.00 1 ss,0d0:0o 2 STORM WATER POLLUTION PREVENTION LS 5 �_sooao 1 - 2,9611:00 3 CONSTRUCTION STAKING LS 510,000.00 - 1 5;000;00 4 TRAFFIC CONTROL AND WARNING SIGNS LS 5 INSURANCE AND PERMITS LS IS 5,000.00 1 5,000:00 6 PRE CONSTRUCTION TV INSPECTION LF Is 5.001 1,700 ssao.6o 7 REMOVAL AND DISPOSAL OF EXISTING SEWER LINE LF IS 200 8 REMOVAL AND DISPOSAL OF EXISTING MANHOLE EA 5 ssoall - s 156:00 9 8" PVC SDR -35 SEWER LINE (OPEN TRENCH) LF 5 65.00 10 12" PVC SDR -35 SEWER LINE, (OPEN TRENCH) LF S 7O.00 11 8" HDPE (8" TO 8" PIPE BURST? LF s so.00 1,700 153;00D.00 12 12" HDPE (S" TO 12" PIPE BURST ) LF 5 120.00. 13 STD. 4' DIA_ DOG HOUSE DROP MANHOLE (0-6' DEEP) EA 14 STO.4' DIA. MANHOLE (0-6' DEEP ) EA 5 5.00 'M 7`500:00 15 EXTRA DEPTH MANHOLE WALL VF 5 EFOO 10 1;500:00 16 CONNECT TO EXISTING MANHOLE (CORE) EA 17 CONNECT TO EXISTING LINE EA 15 500.001 1 5_oo.00 18 CUT AND PLUG EXISTING SEWER LINE EA 19 4" SERVICE TAP (OPEN CUT) EA 5 400.00 20 4" SERVICE TAP (PIPE BURST) EA $ 750.00 21 - ss;7sD.DD 21 RECONNECT EXISTING SEINER LINE EA 22 CONCRETE(HES ) 6 " THICK (DRIVEWAY) SY 5 70.00 23 ODOT AGGREGATE BASE, TYPEW(BACKFILL AT DRIVEIA'AYS) CY 5 3200 - 24 CHAIN LINK FENCE REMOVE REPLACE LF 5 1oao 25 PRIVACY FENCE REMOVE AND REPLACE LF 5 15.06 26 TREE REMOVAL GREATER THAN 4" UP TO 8" EA s 1,666.00 27 TREE REMOVAL GREATER THAN 8" UP TO 12" EA 5 1,000.00 28 TREE REMOVAL GREATER THAN 12" UP TO 24" EA IS 3.000.00 29 TREE REMOVAL GREATER THAT 24" UP TO 36" EA 5 5,DDO.00 _ 30 TREE REMOVAL GREATER THAT 36" UP TO 48" EA 5 S.wo a0 31 SOLID SLAB SODDING SY s 32 SEEDING Acre 5 1,500.00 - 33 AS -BUILT PLANS LS 5 s,006o0 "' -' '1 5,000;00 34 IPROJECT ALLOWANCE LS 510,O00.00 1. - 30,000:00 uoo00:00 HALE ACRES CDBG SANITARY SEWER REPLACEMENT North South PHASE 111 2012819 ITEM NUMBER MB ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 1 MOBILIZATION I OEMOBILIZATtON LS 1 $ 2 61 OHM WATER POLLUTION PREVENTION !S 30,000.00 S 30.000.00 3 CONSTRUCTION STAKING LS 1 S 3,000.00 S 3,000.00 4 TRAFFICCONTROL ANDWARNINGSIGNS LS 1 1 S S 5,000.00 S 5,000.00 5 PRECONSTRUCTION INTERNAL PIPE TV INSPECTION LF 500 6,000.00 S 6,000,00 6 PIPE BURST 12- SEWER LINE LF 500 S S 3.00 S 1,500.00 7 STD. 4' DIA. MANHOLE (O-6' DEEP) EA 130110 S 65,000.00 8 EXTRA DEPTH MANHOLE WALL VF 2 13 S 5 2200.06 S 4.400.00 9 CONNECTTO EXISTING LINE EA 5 $ 150.00 S 1.950.00 10 12'x4 "SERVICETEE EA 21 5 1.000.00 5 5.000.00 11 PRNACY FENCE REMOVE AND REPLACE LF 200 300.001 S 6,300.60 12 TYPE i ASPHALT PATCH SY 57 5 S 25.00 S 5,000.00 13 SOLID SLAB SODDING SY 340 5 55.00 S 3,135.00 5.00 S 1,700.00 TOTAL $ 137,985.00 Budget $ 138,000.00 Proposed Project Location r - ((nfinymj _ -� ._. -1 iln "I 11M 116TH ST N -i i - Phase IIIcont. - Future project i_II �-„ „sin - TT I _ -- iI using FY 20 funds ,, I i OWASSO__... I _. Z —... ` SPORTS PARK - E -O)I� PI N E llhri: Lff -_ _ -0 HALEACRES _i'_ I' ' - Phase II and III - Planned project using hzI -- FY 18119 funds plus carry over amount Completed riot using I� ! �! _ fromFY16H7funds CDBG funds - i 1 Phase I FY 16 /17CDBG funds 1 Nearing Completion.Approx.55,200 a. �:n;,. " "" 1 remaining and will be carded over to v: - -- --- Phase II project ATTACHMENT F awl INTIMP161 If Lis WALIJ Z4; The sewer line replacement work between N 106th East Ave. and N 112th East Ave is designed and ready. Because the bids came in quite high last year, this section could not be completed. Staff believes that combining 2 years work of CDBG funds into one project will obtain better bids from contractors. The other portion of this year's work, which involves the north -south run of 500 LF of sewer line replacement, is under design. Both sections will be ready to bid by the time the environmental reviews are completed by INCOG staff. City staff anticipates that the entire project will be bid in the late fall of 2019. Contract For Public Improvements For Community Development Block Grant Program This Contract for Community Development Block Grant ( "CDBG ") funds is made and entered into this day of 2019 by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). This Contract shall be in effect the 1 st day of July, 2019 and shall be in effect through the 30th day of June, 2020. If the funds are not exhausted at the end of the contract period, the Contract period may be extended by mutual agreement of both parties. WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, a Cooperation Agreement between the County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2017 -2019; and, WHEREAS, the City desires to enter into a Contract with Tulsa County, as lead entity of the Tulsa County Community Development Block Grant Urban County Program (CFDA 14.218) pursuant to Title I of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY2019 Tulsa County CDBG Urban County funds for the purpose of public improvements (B- 19- UC -40- 0001); NOW THEREFORE, the parties do mutually agree as follows Scope of Services The City shall be responsible for the oversight of a project titled Hale Acres Sanitary Sewer Line Rehabilitation- Phase III which proposes replacement of 1,700 LF of failing 8 -inch clay pipe sanitary sewer lines between N 106th East Ave. and N 112th East Ave. with new 8 -inch HDPE pipe. Based on construction costs, the project may include replacement of approximately 500 LF of 8 -inch clay pipe with 12 -inch HDPE pipe running along N 106th East Ave. This project will meet the objectives of the Community Development Block Grant program in accordance with the terms and conditions as set forth herein. The City agrees to perform those duties, obligations, and representations contained in its application to Tulsa County and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by Tulsa County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. II. Budget The City shall be allocated $133,117 from Fiscal Year 2019 Tulsa County CDBG Urban County funds for infrastructure improvements. 111. Performance Measurement The project must be under construction with a Notice To Proceed issued no later than 180 days from the date of approval of this contract by the County. Failure to commence construction within the timeframe may result in withdrawal of CDBG funds by the County for noncompliance of timely expenditure of funds. IV. Method Of Payment a. Payment will be made to the City on either a reimbursement of paid invoices basis or submission of actual payable invoices. The City shall submit a "Request for Funds" form to the program administrator, INCOG, for approval and payment by Tulsa County. b. City will maintain proper financial records for the project, which the County reserves the right to inspect on a periodic basis. C. In no event will the total compensation to be paid hereunder exceed the expressly agreed maximum sum of One Hundred Thirty -Three Thousand One Hundred Seventeen Dollars ($133,117) for all services required. V. Reversion of Assets After reconciliation of the project books and submittal of remaining unpaid claims to the County, the City shall return any unused CDBG funds within 30 days of the date this agreement terminates or expires. GENERAL TERMS AND CONDITIONS Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this agreement. In no event will the City incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies a. In the event the parties fail to agree on interpretations of this contract, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendations forwarded to HUD, who shall make the final determination. b. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the City that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause City shall, within limitations placed on such entities by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property which injury or damage is legally determined to be caused by any act or omission of City committed within the performance of its duties under this contract. City shall, within limitations placed on such entity by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Laws, to the extent such claims arise out of acts committed in furtherance of this contract. In any agreement with any sub - recipient or any agent for City, City will specify that such sub - recipient or agents shall hold harmless the United States government, its agents, officers, and employees, and the County its agents, officers and employees for all the herein before described expenses, claims, actions, or amounts recovered, which is legally determined to be caused by this sub - recipient or agent in the performance of their duties relating to this contract. Personnel a. The City represents that it will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. b. The City has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the City shall fail to fulfill in a timely and proper manner his /her obligations under this contract, or if the City shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving written notice to the City of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In such event, the City shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not withstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City. Termination of Contract for Convenience Either the City or the County may terminate this contract at any time by giving at least 15 days notice in writing to the other party. If the contract is terminated as provided herein, the City will be paid for the services provided and all allowable expenses incurred up to the termination date. Conflict of Interest No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any function or responsibility in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the City shall take appropriate steps to assure compliance. Interest of City and Employees The City covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The City further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information The City, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. City shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The City shall comply with all applicable laws, ordinances and codes of the state and local governments. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the City. Records and Audits City shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least five (5) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. City shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, the U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The City shall comply with 2 CFR Part 200 requirements, where applicable. The OMB guidance is hereby made a part of this contract. The City shall provide a copy of its annual audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Federal Funds in Excess of $750,000 If the City expends $750,000 or more in a year in Federal awards from all sources, the City shall comply with 2 CFR 200 Subpart F requirements and have a Single Audit conducted. The OMB guidance is hereby made a part of this contract. The City shall provide a copy of its Single Audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City's receipt of the auditor's report or nine months after the end of the audit period. Anti - Kickback Regulations The City shall comply with all applicable anti - kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The City shall comply with the following equal opportunity requirements as part of CDBG assurances: a. Civil Rights Act of 1964, Title VI City shall comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. b. Housing and Community Development Act of 1974, Section 109 City shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. C. Housing and Urban Development Act of 1968, Section 3 City shall comply with Section 3, which provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower- income residents of the unit of local government or metropolitan area (or non - metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the same metropolitan area (or non- metropolitan county) as the project. d. Affirmative Action City shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub -part J. Affirmative Actions steps include, but are not limited to, the following: Including qualified small, minority and women business enterprises on solicitation lists. 2. Assuring that small, minority and women business enterprises are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. 4. Where the requirement permits, will encourage participation by enterprises. establishing delivery schedules which small, minority and women business 5. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. Labor Standards a. The City shall comply with the requirements of Davis -Bacon Act (40 USC Section 276a- 276a -5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The City further certifies that it shall include in its bidders' packages the U.S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required. b. Copeland (Anti- Kickback) Act (18 USC Section 874, 40 USC Section 176c), which applies to all contracts covered by Davis -Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; c. Contract Work Hours and Safety Standards Act (40 USC Section 327, et seq.) which requires overtime compensation. Regulations are at 29 CFR, Part 5. Acquisition and Relocation Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended (P.L. 91 -646, P.L. 100 -17) Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. Age Discrimination Act of 1975 City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. Americans With Disabilities Act of 1990 City shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. Rehabilitation Act of 1973, Section 504 City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. IN WITNESS WHEREOF, the City and County have executed this contract as of the date first written above. City of Owasso, Oklahoma ATTEST: City Clerk Approved: City Attorney City Manager Tulsa County Board of Commissioners By Chair ATTEST: County Clerk Approved: District Attorney z 7/ f-! HALE ACRES SUBDIVISION i Phase III cont. —Future project . 9 using FY 20 funds ci o i OWASSO ' SPORTS PARK Completed not using CDBG funds 400. 10001000 ft OE 71:41h PIN HALE ACRES Phase If and III - Planned project using FY 18/19 funds plus carry over amount { from FY 16/17 funds Phase I FY 16/17 CDBG funds Nearing Completion.Approx. $5,200 remaining and will be carried over to Phase II project 0AP • REAL C,emclor • REAL Commonfty TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: East 761h Street North Roadway Improvements from US Highway 169 to North 129th East Avenue - Supplemental Agreement # 1 between City of Owasso and Oklahoma Department of Transportation for the Construction Phase and Construction Invoice DATE: September 6, 2019 BACKGROUND: In 2011, East 76th Street North from US HWY 169 to North 1291h East Avenue was selected by the Indian Nations Council of Governments (INCOG) to receive Surface Transportation Program (STP) funds to widen the roadway to a five -lane road. The road will be equipped with extended lanes for multi -modal traffic and landscape medians to direct traffic flow conforming to the City of Owasso Complete Streets Policy. In May 2013, City Council approved an engineering agreement with Poe & Associates, Inc., and C the Oklahoma Department of Transportation (ODOT). In 2016, the engineering design and environmental studies were complete and approved by ODOT. Since then, land acquisition and utility relocation has been ongoing and is expected to be complete by October 1, 2019. As a result, ODOT has provided a project agreement outlining the federal and local funding responsibilities for the construction phase of the project. ORIGINAL /PROPOSED /FINAL AGREEMENT. In March 2016, City Council approved a finance construction agreement with ODOT with an estimated roadway construction cost of $4.7 million. Based on the Engineer's estimate, INCOG approved an 80% Federal / 20% City cost sharing as mentioned above. (Federal share at $3.8 million and City of Owasso's share at $950,000). In August 2019, City staff received a proposed agreement with a revised funding breakdown from ODOT. The following table is a breakdown of the proposed agreement based on the updated Engineer's construction estimate and inspection fee: Project Segment Estimate ODOT Portion City of Owasso Roadway Construction $ 9,547,543 $4,050,000 $5,497,543 Construction Administration $ 953,400 $0 $ 953,400 Total Project Cost $10,500,942 $4,050,000 $6,450,943 Owasso Funding Share East 76 Street North Roadway Improvements from Highway 169 to North 129 East Avenue Page 2 of 2 Based on overall cost breakdown, the City of Owasso was requested to pay approximately 60% ($6,450,943), rather than 20% ($2,100,188) of the project. INCOG cited the STP application language stating "no single project or entity will be allocated more than 50% of the remaining balance of STP Urbanized Area funds available per year." Staff challenged INCOG and ODOT on this funding proposal. After further review, the initial Project Maintenance, Finance, and Right -of -Way Agreement approved by City Council and ODOT does not specify any cap on the amount of Federal funds for the East 76th Street North Widening Project. As a result, staff had multiple discussions with INCOG and ODOT to address the concerns of all parties. Shortly thereafter, the entities agreed on the funding break down as shown in the following table: Project Segment Estimate ODOT Portion City of Owasso Roadway Construction $ 9,547,543 $ 6,027,475 $ 3,379,071 Construction Administration $ 953,400 $ 762,720 $ 190,680 ROW — Transfer Remaining Funds $ 140,997 Total Project Cost $10,500,942 $6,790,195 $ 3,710,748 Based on such negotiations, the City's share has decreased by $2,740,196 and the Federal share has increased by the same dollar amount. However, in comparison to the original agreement and increase in the engineering estimate, the City's share is greater than before by $1,610,556. CONSTRUCTION INVOICE: As mentioned above, the City of Owasso's portion is $3,710,748; however, ODOT has a remaining balance of $140,997 from land acquisition, which will be transferred to the construction phase. As result, the total invoice from ODOT for construction is $3,569,751. FUNDING: Funding is available in the project budget within the Capital Improvements Fund. FUTURE ACTION: An item has been included on the September 10, 2019, worksession agenda for additional discussion. Staff anticipates seeking Council consideration and action on the proposed Supplemental Agreement #1 between City of Owasso and Oklahoma Department of Transportation for the construction phase, as well as, the construction invoice at the September 17, 2019, City Council meeting. ATTACHMENTS: Site Map Agreement Construction Invoice i E 86th STN , - - - - - to - T W a a _ PROJECTI _ LOCATION, . tV �. E 76th STN I — I I I I PROPOSED ROADWAY IMPROVEMENTS CITY OF OWASSO _ J/I L?Oli PROJECT LfM1TS I I I N. Main Sheet a = © P.O. Box 180 North. Owasso, OK74055 I. lM1L \Ttw , ,'j I f0 rrrrxl vrr r ..v nt t t t \ I l,. %No ml st \I L. l I: ',I I '1 IS nanl I \vrtnnt,r \v.n lx l<n r+I V tai l l,rlxt el..au�l.\trcw. 111 t h\ or "WASan tm rr \ert.a.0 918.376.1500 PROJECT AGREEMENT BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OWASSO SUPPLEMENTAL AGREEMENT #1 This Supplemental and Modification Agreement, made the day and year last written below, by and between the City of OWASSO, hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the Department, said parties being the same who executed the original Project Agreement, for the following intents and purposes and subject to the following terms and conditions, to wit: WITNESSETH JP No i Project No I Work Type GRADE, 29326(04) J2- 9326(004)IG DRAIN,BRIDGE, SURFACE 29326(06) S- P- 2720(131)IG RIGHT OF WAY 29326(07) 32- 9326(007)IG UTILITIES Description OWASSO: 76TH STREET NORTH - FROM US169 TO N 129TH E AVENUE(CONSTRUCTION). OWASSO: 76TH STREET NORTH - FROM US169 TO N 129TH E AVENUE(RW FOR 2932604) OWASSO: 76TH STREET NORTH - FROM US169 TO N 129TH E AVENUE(UT FOR 2932604) WHEREAS, It is deemed necessary by the Department and CITY, to revise the scope of the original Project Agreement to adjust funding allocated to the project; and, WHEREAS, said revisions shall be reduced to a written supplemental agreement and executed by the Department and CITY; NOW, THEREFORE: the Department and CITY, in consideration of the mutual covenants and stipulations as set forth herein, do mutually promise and agree as follows: SECTION 15 is hereby replaced in its entirety from the original Project Agreement as defined below, in order to reflect the revised estimated total construction and 10% contract administration cost of $10,500,943 and revised funding split. 15. A) 29326(04) - ELIGIBLE CONSTRUCTION COSTS Based on estimated total construction cost and assumed 10% contract administration costs of Ten - Million- Five- Hundred - Thousand -Nine- Hundred -Forty -Three Dollars ($10,500,943): - 75% Federal STP funds allocated to INCOG, currently estimated at Six - Million- Seven- Hundred - Ninety- Thousand -One- Hundred - Ninety -Five Dollars ($6,790,195) shall be provided for eligible, federally participating construction and contract administration costs. Federal participation is CAPPED at Six- Million- Seven - Hundred- Ninety- Thousand- One - Hundred -Ninety-Five Dollars ($6,790,195). - 25% City funds provided by the City of OWASSO, estimated at Two- Million -Two- Huncired- Sixty- Three- Thousand- Three - Hundred - Ninety -Nine Dollars ($2,263,399). The SPONSOR shall also provide 100% of any federally non - participating costs, estimated at One-tillion- Four - Hundred - Forty- Seven - Thousand - Three - Hundred- Forty- Nine Dollars ($1,447,349). Total Sponsor funds are currently estimated at Three- Million- Seven- Hundred-Ten- Thousand- Seven- Hundred - Forty- Eigltt Dollars ($3,710,748). The estimated Sponsor funds shall be placed on deposit with the DEPARTMENT upon execution of this agreement and receipt of the Department's invoice, prior to adverti sing the project for bid. B) 29326(06) — ELIGIBLE RIGHT-OF-WAY COSTS Based on estimated Right -of -Way Acquisition costs of Eight- Hundred - Ninety- Five- Thousand- Seventeen Dollars ($895,017): - 80% Federal STP funds allocated to INCOG, currently estimated at Seven- Hundred- Sixteen- Thousand - Fourteen Dollars ($716,014) shall be provided for eligible, federally participating Right -of -Way costs. - 20% City funds provided by the City of OWASSO, estimated at One- Hundred- Sevenl)- Nine- Thousand-Three Dollars ($179,003) shall be provided as matching funds for the eligible federally participating Right -of -Way costs. The CITY shall also provide 100% of any non - participating Right -of -Way costs, estimated at Zero Dollars ($0). Total City funds are currently estimated at One-Ilzrndred- Seventy- Nine- 7hozrsand- Three Dollars ($179,003). Estimated City funds shall be placed on deposit with the DEPARTMENT upon execution of this agreement and upon receipt by the CI'T'Y of the DEPARTMENT's invoice. C)29326(07) — ELIGIBLE UTILITY RE,LOCATION COSTS Based on estimated Utility Relocation costs of Zero Dollars ($0): — 80% Federal STP funds allocated to INCOG, currently estimated at Zero Dollars ($0) shall be provided for eligible, federally participating Utility Relocation costs. - 20% City funds provided by the City of OWASSO, estimated at Zero Dollars ($0) shall be provided as matching finds for the eligible federally participating Utility Relocation costs. The CITY shall also provide 100% of any non- participating Utility Relocation costs, estimated at Zero Dollars ($0). Total City finds are currently estimated at Zero Dollars ($0). Estimated City funds shall be placed on deposit with the DEPARTMENT upon execution of this agreement and upon receipt by the CITY of the DEPARTMENT's invoice. WHEREAS, the original Project Agreement is hereby modified as above described, said agreement in all other respects shall remain unchanged and in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK IN WITNESS WHEREOF, the Deputy Director of the Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Deputy Director of the Department of Transportation and the City has executed same pursuant to authority prescribed by law for the City. The City, on this of 20_, and the Department on the day of 20_ (SEAL) ATTEST: City Clerk Approved as to Form and Legality: City Attorney The City of OWASSO, an Oklahoma Municipal Corporation Mayor STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION Recommended for Approval Local Government Division Manager APPROVED AS TO FORM AND LEGALITY General Counsel Director of Capital Programs APPROVED Deputy Director OKLAHOMA DEPARTMENT OF TRANSPORTATION INVOICE FOR CONSTRUCTION SERVICES Make check PAYABLE, and MAIL TO: To: The City of Owasso Oklahoma Department of Transportation Comptroller Division 200 N.E. 21" Street Oklahoma City, Oklahoma 73105 -3204 Department Invoice No 29326(04) -1 August 29, 2019 Project Type Div, I County JP No Project WorkT a } YP Description No. CITY STREET I 8 TUISA 1 29326(04) STP -2726 I GRADE, DRAIN, OWASSO: 76TH STREET NORTH - FROM 05169 TO N ((277)IG BRIDGE, SURFACE 129TH EAVENUE (CONSTRUCTION) CONSTRUCTION JP# 29326(04) Description, — Explanation of Charge Total Federal Sponsor Due Date: Upon Receipt Total Estimate for Project Construction including assumed 10% Construction Management Cost: $ 10,500,943.00 $ 6,790,195.00 $ 3,710,748.00 Remaining Previous Deposit (29326(06)) ($140,997) Accounting Use Only Invoice Total $ 3,569,751.00 Distribution: City °mit with Payment :vision Project File Comptroller Division �c? r TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Public Works Bathroom Remodel Bid Award DATE: September 6, 2019 BACKGROUND: In 1999, the Owasso Public Works Authority purchased the building from AEP /PSO, located at 301 West 2 1d Avenue. Since then, the facility has been occupied by Public Works administration, engineering, inspections, stormwater, wastewater collections, water, and streets personnel. At the time of occupying the building, Public Works Department had twenty -four (24) employees who utilized this facility on a daily basis. By 2019, staffing has increased to (48) employees. Additionally, meetings with citizens, developers, and other entities (Oklahoma Department of Transportation, Oklahoma Natural Gas, Public Service Company of Oklahoma, etc.) are held in the facility on a regular basis. With the increased personnel in all divisions, upgrading the three resfroom facilities has become a necessity. Public Works staff hired BKL, INC to design additional resfroom facilities in the administration and field staff areas to accommodate the needs of staff. BID ADVERTISEMENT: The project was advertised in July of 2019 with a mandatory pre -bid conference being held on August 81h. Bids were officially opened on August 22nd with five (5) contractors submitting bids. The bid results, which included only a lump sum base bid, are summarized below: BIDDERS TOTAL BID Voy Construction $135,408.00 Magnum Construction $167,000.00 Southeast Tulsa Construction $167,683.40 RECO Construction $143,331.00 Hoey Construction $208,000.00 ARCHITECPS ESTIMATE $142,000.00 FUNDING: Funding is available in the OPWA operation budget. PROPOSED ACTION: An item has been placed on the September 10, 2019, worksession agenda for additional discussion. Staff anticipates seeking Trustee consideration and action to award the Public Works Department Bathroom Remodel project at the September 17, 2019, meeting of the Owasso Public Works Authority. ATTACHMENT: Agreement SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 17 day of September , 2019, by and between The OWASSO PUBLIC WORKS AUTHORITY, Owasso, Oklahoma (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2019 Public Works Building Renovation The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Renovation of Public Works office and field staff bathroom facilities. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his /her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within one hundred eighty (180) calendar days from the date of Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within two hundred twenty (220) calendar days from the date of Notice to Proceed. The date of final completion will, therefore, be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 0719 00300 - Page I of 15 substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($500.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specked in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the OWASSO PUBLIC WORKS AUTHORITY Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 1/0) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 910) of the total contract amount, Owner shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. AGREEMENT 0719 00300 - Page 2 of 15 ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0719 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself/herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 0719 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 15, inclusive, and Standard Drawings. 7.21 Addendum Numbers _ to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions, 8.2 No assignment by a parry hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. 0719 00300 - Page 5 of 15 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, and one belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: CONTRACTOR: By Chris Kelley, Chair (SEAL) ATTEST: Juliann M. Stevens, Authority Clerk Address for giving notices: OWASSO PUBLIC WORKS AUTHORITY 301 W 2" d Ave Owasso, OK 74055 M (SEAL) Title AGREEMENT 0719 00300 - Page 6 of 15 C?, L People HEALG a. FEAL CVmmunity TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Jennifer Newman, Assistant Finance Director SUBJECT: Budget Amendment - Series 2019 Promissory Note to Oklahoma Water Resources Board DATE: September 6, 2019 BACKGROUND: The Owasso Public Works Authority (OPWA) Trust Authority approved on July 30, 2019, the issuance of a Series 2019 Promissory Note to Oklahoma Water Resources Board (OWRB), to fund construction of the Wastewater Treatment Plant Upgrades, Ranch Creek Interceptor Upgrades, Coffee Creek Lift Station, and the Owasso Market Gravity Sewer Line projects, with a combined total of $26.1 million. The original FY 2019 -2020 budget, approved by Council in June, was based on an early estimate for the Wastewater Treatment Plant. Since that time, the engineering estimate was increased, as reflected in the approved OWRB loan. In order to expend the additional loan proceeds, staff is requesting an increase in estimated revenues of $4,589,623.80, and an increase in the appropriation for expenditures of $4,752,572.80, to reflect the revised engineering estimate and related loan closing costs. REQUESTED ACTION: An item has been placed on the September 10, 2019, worksession agenda for additional discussion. Staff intends to recommend approval of a budget amendment increasing the estimate of revenues by $4,589,623.80 and the appropriation for expenditures by $4,752,572.80. REAL Paaplp • REAL Chamder • REAL CommunNy TO: The Honorable Mayor and City Council FROM: Christopher A. Garrett Assistant City Manager SUBJECT: Civilian Employees' Vacation and Sick Accrual Rates and Policy DATE: September 6, 2019 BACKGROUND: Last fall, an employee team consisting of Roger Stevens, Scott Chambless, Andrew Neyman, Josh Quigley, and Mark Stuckey, researched civilian (non- union) employee's vacation accruals to compare Owasso's non -union employees' leave benefit to other cities' benefits. The team's research consisted of obtaining vacation accrual data from eight other Oklahoma cities and comparing them to Owasso's vacation accrual. Cities included were Ardmore, Bartlesville, Bixby, Broken Arrow, Edmond, Norman, Stillwater, and Tulsa. ANALYSIS: Findings indicated that Owasso's initial vacation accrual of two weeks is the norm in five out of the eight communities reviewed. However, the study showed that after five years of service, Owasso's vacation accrual became less and less competitive. The team also reviewed vacation maximums, which is the amount of vacation an employee can have accrued at any given time. Data shows that Owasso's maximums are comparable with almost half of the cities in the comparison and lower than the other half. In addition to the data reviewed by the employee team, Human Resources compared the vacation accrual and vacation maximums of police and fire union employees to that of the civilian employees, comparing hours earned to the percentage of hours worked. Similar to the comparison with other cities, the non -union employees' vacation accrual has fallen behind that of Owasso's union employees. PROPOSAL: Staff has prepared a proposal increasing the civilian vacation accrual to be more in line with the Percentage of time off compared to the hours worked of the union employees and vacation maximums of the union employees. This adjustment also meets the goal of increasing the competitiveness of the civilian vacation accrual to that of other communities. In addition, the method of accrual was also reviewed. Currently, civilian employees accrue vacation and sick leave once a month. The 2019 -20 contract with the fire union included converting monthly accruals to every pay period to assist employees in monitoring their vacation balance compared to their vacation maximum. The proposal being presented includes converting all civilian leave accrual from once a month to every pay period, as well as minor language changes relating to sick and vacation. ATTACHMENT: Redlined Version of Proposed Policy Current Proposed Current Proposed Years of Service Yearly Yearly Maximum Maximum Accrual Accrual Accrual Accrual 6 months - 4 years 80.04 80.08 120.16 190 5 - 9 years 96 110.24 136.16 210 10 -14 years 120 130 160.16 230 15 -19 years 136.08 150.02 176.08 250 20 - 24 years 160.08 170.04 200.96 270 25 and over 160.08 190.06 200.96 290 ATTACHMENT: Redlined Version of Proposed Policy 5 -3 VACATION LEAVE Vacation time is intended to benefit the employee and serve as a time of mental and physical refreshment Therefore, employees are encouraged to use their vacation time. A. ELIGIBILITY Except for those employees covered by a contractual agreement, an employee is eligible to take 40 hours of vacation leave after completion of six (6) months of continuous full -time employment and successful completion of probationary period. After that time, vacation leave shall be accrued on a monthly basis. Increases in accrual will occur after the employee has completed 4 years, 9 years, 14 years and 19 years, and 24 years of service. B. EXPENDITURE Vacation leave shall not be expended in less than a gnu 15 minute increments for hourly employees and one day increments for salaried/overtime exempt employees Vacation leave shall not be expended for more than the actual number of hours available. eaeh employee en the timesheets. Such Feeerds shall be submitted te the Payrell It is the responsibility of the employee and Department Director to ensure vacation leave used by each employee is reported on the timesheet and submitted to payroll C. ACCRUAL 1. The following chart indicates the amount of vacation time that accrues for City employees. As reflected in the chart, vacation time shall not accumulate for more than the "Maximum Limit" at any given time during the year. Years of Service Monthly Accrual Yearly Total Maximum Limit*- - 6 aieaths- 4years 6.67 heurs 80.04 hears 12046 heurs 3 9 years 9.00 heurs 96.00 hears 138.44 6 agars 10 14 tears 10.90 heurs 120.00 hears 160.16hews 13 19 yeaFs 113 4 heurs 196.08 hears 1:76.08 hears 20 FInd ever 13.34 hears 160.08 heuFs 298:96 agars Years of Service Pay Period Accrual Yearly Total Maximum Limit 6 months — 4 years 3.08 hours 80.08 hours 190 hours 5 -9 years 4.24 hours 110.24 210 hours 10 -14 years 5.00 hours — 130.00 230 hours 15 -19 years 5.77 hours 150.02 250 hours 20 -24 years 6.54 hours 170.04 270 hours 25 and over 7.31 hours 190.06 290 hours -- . 2. Vacation accrual for employees whose regular shift is less than 80 hours per nay period and who are eligible for leave benefits will be prorated The proration factor is calculated through a formula that divides the regular pay period hours by 80 hours For example: an employee with one year of service who works a regular nay period of 60 hours will have a proration factor of 0.75 (60 divided by 80) In this example the employee's vacation leave accrual would be calculated by multiplying 3.08 hours X 0.75 for a total pay period accrual of 2.31 hours of vacation leave. D. EXPENDITURE Vacations will be scheduled by the Department Director to meet the operating requirements of the City and, whenever possible, the preference of the employee. Requests for vacation leave should be submitted to the Department Director a minimum of ten (10) working days in advance of proposed vacation. 5 -4 SICK LEAVE An employee may accumulate sick leave „pen e m l..ti,,.. Of h09 fact f ;.:.,c,a; of ::ploy • t be inning with the first navroll processed. A. ELIGIBILITY An employee is eligible to take sick leave for one of the following reasons: 1. Personal illness or physical incapacity other than incurred on the job, including medical, dental, or optical diagnosis or treatment, and pregnancy. 2. Serious illness of a member of the employee's immediate family requiring the employee's personal care or attention. Immediate family shall include husband or wife, father or mother of the employee, sister or brother of employee, children or legally adopted children of husband or wife both, or any other person whose relationship could justify the employee's absence, providing special approval by the Department Director is first obtained. 3. Exposure to a contagious disease that, in the opinion of the attending physician, could jeopardize the health of others. 4. related PUFPE)58S, said disabilities shall be treated as disabilities eaused 9F reatFi u senditiens. B. EXPENDITURE Sick leave may be expended in units of no less thane 15 minute increments for hourly employees and one day increments for salaried /overtime exempt employees. Sick leave shall not be expended in more than the actual number of hours available. Any sick leave extending for part of three (3) consecutive days or three (3) days in any three (3) consecutive months may require a physician's statement attesting to the illness that prevented the employee reporting to work. Any abuse of sick leave is justification for disciplinary action and possible dismissal. 1. An employee who is unable to report for work due to one of the above reasons shall report his absence to his supervisor within one hour of the time he /she is expected to report for work. C. ACCRUAL 1. Sick leave is accrued in units of ene day pef meRth wedEed3.70 hours per pay period. 2. --_L.yee who ...d.,. .. e .. ,.ulaf work week e f AO hau will have a f..ti..ii f eter of 1.09 that was EleterEnined by dividing 12 by 10. The aeFfflnal aegran' af 9 finiffs is then multiplied by that 6e.1..le would Gal....l..t... iek 1.....,,. �.. ...1 1... Foultipl. ing o tie.. -- X 4.05 &f ., tetel ....e......1 of: 9.4 6 ..........:..1. leave fa.. the ... ant6 Sick leave accrual for employees whose regular shift is less than 80 hours per pay period, and who are eligible for leave benefits, will be prorated. The proration factor is calculated through a formula that divides the regular pay period hours by 80 hours. For example: an employee who works a regular pay period of 60 hours will have a proration factor of 0.75 (60 divided by 80 ). In this example the employee's sick leave accrual would be calculated by 3.7 hours X 0.75 for a total pay period accrual of 2.78 hours of sick leave. D. ACCUMULATION Sick leave may be accumulated to a maximum of 1000 hours. E. SEPARATION Upon separation, an employee shall not be compensated for any unused sick leave.