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HomeMy WebLinkAbout2021.02.09_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 109 North Birch, Owasso, OK TUESDAY, February 9, 2021 - 6:00 PM AGENDA 1. Call to Order Mayor /Chair Bill Bush 2. Discussion relating to Community Development items Karl Fritschen /Alexa Beemer RECEIVED FEB 0 4 2021 N�� City Clerk's Office A. Community Development Block Grant (CDBG) Program Contract for Public Improvements with the Board of County Commissioners of Tulsa County for the Hale Acres Sanitary Sewer Line Rehabilitation B. Request for a Specific Use Permit (SUP 20 -04) - 1.54 acres located south of 11422 North 134th East Avenue (Criterion Multi -Use Commercial /Office Building) C. Request for a Specific Use Permit (SUP 21 -01) - 14.91 acres located at the northwest corner of East 76th Street North and North Memorial Drive (Trinity Presbyterian Church) D. Request for a Specific Use Permit (SUP 21 -02) - 11.48 acres located northeast of the intersection of US Highwayl69 and East 116th Street North (Warren Clinic) 3. Discussion relating to a proposed amendment to the Metropolitan Environmental Trust Indenture, of which the City of Owasso is a beneficiary, to include the City of Wagoner as an additional beneficiary Charlene Lawrence 4. Discussion relating to the release of a personnel investigative report with all attachments, drafted in 2012 by Guy Fortney, Attorney, and requested by Christopher Camp, Attorney for Carol Ross Julie Lombardi 5. Discussion relating to City Manager items Warren Lehr A. Monthly sales fax report B. City Manager report 6. City Councilor /Trustee comments and inquiries 7. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Streq,�,)at 6:00 pm on Thursdgy,_ February 4, 2021. M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens @citvofowasso.com �d TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Contract Execution: 2020 -2021 Community Development Block Grant (CDBG) funds for Hale Acres Sanitary Sewer Lines DATE: February 4, 2021 BACKGROUND: On March 17, 2020, the Owasso City Council approved Resolution 2020 -09, identifying the continuation of the replacement of sanitary sewer lines in the Hale Acres subdivision for the 2020- 2021 CDBG allocation. As mentioned in the memo dated March 13, 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 $142,053.33 of CDBG funds for the project. The next step in the CDBG process is a contract between Owasso and Tulsa County guaranteeing completion of the work, as outlined in the application. CONTRACT EXECUTION: The proposed 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 Grant Program in accordance with the terms and conditions as set forth within the contract. Further, the City agrees to perform the 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 January 5, 2021, Indian National Council of Governments ( 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. Staff anticipates placing this item on the consent agenda of the February 16, 2021, City Council consent agenda. ATTACHMENTS: CDBG Signed Application and Resolution 2020 -19 2020 -2021 CDBG Contract ATTACHMENT E CITY OF OWASSO, OKLAHOMA RESOLUTION 2020 -09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 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 has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2020 -2022; and, NOW THEREFORE, BE IT RESOLVED by the Owasso City Council 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 by the Owasso City Council 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 171 day of March, 2020, at a regularly scheduled meeting of he overningriT compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). (SEAL) Attest: Subscob4 and sworn to befgretme March, 17, 2020 Juliann M. Stevens, City Clerk r, r-. ' __ - )LHJ� IV Lot) 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. Dr. Chris Kelly, Mayor (Type) Na a and Title of Chief Elected Official x Signature oPetTef Elected Official State of Okl �frti�� County of Attest: ` • �� • O . [S E A LI me —�W JL- / 7 , 2020 Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 4 of 2 Date: 3I1-7I ZOZD FY2020 APPLICATION GUIDANCE Due date for this Application is April 3, 2020 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant application for the FY2020 Tulsa County CDBG Urban County Program. Eligible Entities Entities included for FY2020 funding, the funding allocation to the entity, and the percentage of low and moderate income population for each is listed below: Proposed Percentage Threshold Requirements for FY2020 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2020 Application cycle. To submit an application for FY2020, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2017 grant expended; 50% of 2018 grant expended and reimbursement request submitted; 2019 obligated through bid award or design process underway (documentation required). If the above expenditure requirements have not been met by April 1, 2020, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Metro Entities Amount Population Broken Arrow Infrast. $399,943.39 28.43 Bixby $82,972.41 23.03 Owasso $142,053.33 26.66 Sand Springs $96,302.91 38.12 Sapulpa $158,129.03 49.54 Revolving Entities Skiatook $117,630.50 42.64 Sperry $117,630.50 49.56 Threshold Requirements for FY2020 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2020 Application cycle. To submit an application for FY2020, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2017 grant expended; 50% of 2018 grant expended and reimbursement request submitted; 2019 obligated through bid award or design process underway (documentation required). If the above expenditure requirements have not been met by April 1, 2020, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 1 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Name of Unit of Local Government City of Owasso Oklahoma 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 01 Chief Elected Official Mayor Chris Kelly Clerk Ms. Julie 2. Name of Staff Contact Karl Phone Number 918.376.1545 A. Fritschen E -mail kfritschen(a)cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Hale Acres Sewer Line Replacement The FY 20 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe in the Hale Acres subdivision. This project will replace the existing sewer lines in the back of lots between E 112th PI N and E 1131h St N between N 106th E Ave and N 112th E Ave. The existing 8" clay pipe will be replaced in these locations with approximately 1,000 linear feet (LF) new HDPE 8" inch pipe. The segment on the north side of E 113th St N will also be replaced with 1,000 LF of new pipe, should funds allow. The work, which will be considered Phase III of the Hall Acres sewer improvement, will involve pipe bursting and replacement of the old clay pipe with the new pipe. The work will continue to address many years of inflow and infiltration issues in this area of Owasso's collection system that was originally installed 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 2020. Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 2 of 2 4. Number of population served: 816 ❑ Census Tract/Block Group # ❑ Household Income Survey 5 Project Budget Summary: CDBG Funds (FY 20) Other Sources Total *Pending Council approval Application Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Page 3 of 2 ale Acres *City of Owasso $ 142,053.33 $ 134,000 Name of Applicant: Total Construction Activity Professional & Non Construction Engineering/Architect Funds Inspection Funds Other: Survey Other: Publishing COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ATTACHMENT A 2020 TULSA COUNTY URBAN COUNTY BUDGET $ 142,053.33 $ 134,000.00 $ _ Total Professional & Non Const. $ _ Administrative Costs Public Administrative Funds $ ------- Direct Administrative Funds $ __ ---- Total Administrative Costs $ _ Total Project Costs $142,053.33 $134,000.00 $276,053.33 2020 Tulsa County CDBG Urban County Budg et If additional is space needed, attach additional sheet(s) Budget ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY Attach Certified Professional Cost Estimates /Engineering Report (where applicable) 2020 Hate Acres CDBG Sewer Line Replacement, Phase 111 Prepare by: Owasso Public Works 2/25/2020 Item Humber Item Description Amount Unit Unit Cost Total Cost 1 Mobilization /Demobilization 1 LS 5000 $5,000 2 Construction Staking 1 LS 2500 52,500 3 Traffic Control /Safety Signage 1 LS 1000 $1,000 4 Insurance and Permits 1 LS 1000 $1,oEo 5 RND of Old Sewer Une 2000 LF 2 $4,000 6 RND of Old Manholes 5 FA 150 $750 7 8-inch HDPE (Pipe Bursting) 2000 LF S100 5200,000 S Manholes 5 EA 1500 $7,500 9 Extra Deep manholes SS VF 160 $2,400 10 4" Service Tap 20 FA 750 515,000 11 Reconnect Sewer Line 2 EA 2000 $4,000 12 Restoration 2000 LF 3 $6,000 13 Project allowance 1 LS 20000 520,000 Total 5269,150 HALE ACRES SUBDIVISION .116T14 STePhase IJ ...... ... s) - FY 20 funds . d_: ,OWASSOSPORTS PARK c 11101 '(t 3 PI N Phase II (Blue Lines) - Planned project 1 F 1'2'h n, ri - using FY 18/19 funds plus carry over Completed not using amount from FY 16/17 funds CDBG funds - "' "`" Phase I (Green Lines) FY 16/17 CDBG funds. Approx. $5,200 left to •)x109.�4iii P:. apply to Phase II project (Blue Lines) i rl_ E 10v, P, J - _ IDOL I't COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Attachment C TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency 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 Owasso,OPWA Augment CDBG funds $134,000 Pending Council Approval X hief Elected Other Funding Sources — Attachment C Community Development Block Grant 2020 Tulsa County Urban County Page I of 1 3-/ 7-2o2o Date COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM ATTACHMENT B Activity Name: COMPLETE THIS SFr.T1nW RV Pr never: TuP Tnrei nu ineo =o n= 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 8 Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above 19 1 2 27 77 35 33 33 1 2 26 1 2 11 1 0 3 1 1 0 1 0 Total Number Of Households I hereby certify City -wide Low and Moderate Inc (For use only whW projects are x Total 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 i� benefit.) ,�, from the occupants of the addresses listed /,( Subscribed and sworn to before me- yn /i �l 1 ' ^20 My Commission No.W 3,?0 Community Development Block Grant (CDBG) 2020 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B expires is accurate: 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 project's target area boundaries are identical to BG, ED or Tracts) 20 W ATTACHMENT F COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 TULSA COUNTY URBAN COUNTY Attach Project Timeline which clearly demonstrates Readiness To Proceed, including an anticipated start date and projected timeline for completion. Documentation of the level of readiness to proceed must be submitted. The project will involve entering people's back yards with equipment in some locations. The sewer lines are in recorded easements, so obtaining new easements will be unnecessary. This will expedite the work. Pipe bursting will be the method of replacement for the sewer lines which will minimize disturbances to property and also expedite the project. Below is the anticipated project schedule as of the date of this writing. • Environmental Clearance -Summer 2020 • Initiate Contract- Fall 2020 • Initiate Design - Fall of 2020 • Bidding - Early winter 2021 ,sovz. PElt Pooge -gEgLC eNOr -FFAL COmmuNry ��� • / ejo�o AM C14 TO: The Honorable Mayor and City Council C FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT: Resolution 2020 -09, Project Application Community Development Block Grant (CDBG FY 2020) DATE: March 13, 2020 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 • 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: In January 2020, the Indian Nation Council of Governments (INCOG), provided information regarding the FY 2020 CDBG application. A completed application, which includes a public hearing, resolution, and cooperation agreement, is due no later than April 3, 2020. Owasso is now part of an Urban County and as such does not compete for the funding through the State Department of Commerce. According to INCOG. Owasso will receive an allocation of approximately $142,053.33 for the FY 2020 CDBG funding cycle, which does not require a local match. 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 area, 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 l 161h 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, 2018, and 2019 allocations for replacement of sanitary sewer lines in this neighborhood. Staff is proposing to continue utilizing the funds for replacement of the sanitary sewer lines in Hale Acres. Staff was also Informed by INCOG that the survey used to qualify this neighborhood will expire in July 2020. Therefore, this year's funding will be the last allocation that the City will be allowed to use in the Hale Acres neighborhood before having to perform another income survey in the fall of 2020. Resolution 2020 -09 Page 2 of 2 PUBLIC HEARING: Staff consulted with INCOG regarding the requirement of holding a separate Public Hearing and was told that "since the project is a continuation of the some activity that the City has been doing for several years in the same location, then no separate Public Hearing is required ". PROPOSED FY2020 PROJECT: The proposed project is a continuation of the replacement of deteriorated 8" clay tile sanitary sewer pipe in the Hale Acres subdivision. This project will replace the existing sewer lines in the back of the lots between East 112th Place North and East 113th Street North between North 106th East Avenue and North 112th East Avenue. The existing 8" clay pipe will be replaced with approximately 1,000 linear feet (LF) new HDPE 8" inch pipe. The segment on the north side of East 113th Street North will also be replaced with 1,000 LF of new pipe, should funds allow, The work, which will be considered Phase III of the Hale Acres sewer improvements, will involve pipe bursting. The work will continue to address many years of inflow and infiltration issues in this area of Owasso's collection system that was originally installed in the 1960s. The project will be designed in -house by the Engineering Division of Public Works. A map has been provided with this memo indicating the general location of the proposed improvements. RECOMMENDATION: Staff recommends approval of Resolution 2020-09, requesting assistance from the Tulsa County CDBG Urban County Program, approving on application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2020 funding cycle, and authorization to execute all related documents. ATTACHMENTS: CDBG Application Resolution 2020 -09 Map - Owasso CDBG Sanitary Sewer Replacement Locations Contract For Public Improvements For Community Development Block Grant Program This Contract for Community Development Block Grant ( "CDBG ") funds is made and entered the date first signed below by and between Tulsa County ( "COUNTY "), and the City of Owasso ( "CITY "). This Contract shall be in effect the 1st day of July, 2020, and shall be in effect through the 30th day of June, 2021. 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 2020 -2022; 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 1 of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY2020 Tulsa County CDBG Urban County funds for the purpose of public improvements (B- 20- UC -40- 0001); NOW THEREFORE, the parties do mutually agree as follows 1. Scope of Services The CITY shall be responsible for the oversight of projects to 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. Project: The City of Owasso is completing a Sanitary Sewer Line Rehabilitation in the Hale Acres Subdivision which is located in the Northern area of the city. The project will take place in the back of lots between E. 112th PI. N. and E. 113th St. N. between 106th E. Ave and N. 112th E. Ave. Also, the north side of E. 113th St. N. The city proposes replacement of approximately 1,000 linear feet of failing clay sanitary sewer pipe by bursting the existing 8 -inch clay line with 8 -inch HDPE pipe in both locations listed above. Budget The CITY shall be allocated $142,053.33 from Fiscal Year 2020 Tulsa County CDBG Urban County funds for infrastructure improvements. III. 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 Forty -Two Thousand Fifty -Three dollars and Thirty -Three cents ($142,053.33) 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 he 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. 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, establishing delivery schedules which will encourage participation by small, minority and women business enterprises. 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 By , the Honorable Mayor, Bill Bush ATTEST: CITY Clerk, Juliann M. Stevens Approved: CITY Attorney, Julie Lombardi Tulsa County Board of Commissioners By Chair ATTEST: County Clerk Approved As To Form: Assistant District Attorney /V REAL People• REAL Cl none REAL Cpnmunlry TO: The Honorable Mayor and City Council FROM: Alexa Beemer Jurisdiction City Planner SUBJECT: Specific Use Permit (SUP 20 -04) - Criterion DATE: February 4, 2021 BACKGROUND: The Community Development Department received an application for the review and approval of a Specific Use Permit for Criterion, a proposed three -story, multi -use commercial /office building. The property is located south of 11422 North 134th East Avenue. The property is approximately 1.54 acres in size and is currently zoned Commercial Shopping (CS) under Owasso Planned Unit Development (OPUD) 02 -02. SURROUNDING ZONING: Direction Zoning Use Land Use Master Plan Jurisdiction North Commercial Shopping Commercial Commercial City of Owasso Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Applicable Paybacks South Commercial Shopping Vacant Commercial City of Owasso East Commercial Shopping (CS) Vacant Commercial City of Owasso West Residential Single - Family Residential Residential City of Owasso High Density (RS -3) SUBJECT PROPERTY /PROJECT DATA: Property Size 1.54 acres +/- Current Zoning Commercial Shopping CS Proposed Use Multi -use commercial /office building Land Use Master Plan Commercial Within PUD? Yes; OPUD 02 -02 Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Applicable Paybacks N/A ANALYSIS: An SUP is required in certain zoning districts for uses or structures that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject property is a part of OPUD 02 -02, and was zoned CS in 2002 under Ordinance 708. The applicant is proposing the construction of a building that will be three stories, or just under fifty (50) feet tall. Page 2 SUP 20 -04 Proposed buildings greater than thirty -six (36) feet in height are not allowed in a CS zoning district, unless the developer can obtain an SUP. The subject property is identified for future commercial land uses on the GrOwasso 2030 Land Use Master Plan. The proposed multi -story, mixed -use commercial /office building use is compatible with the vision for this parcel in the Land Use Master Plan. The subject property is surrounded by vacant commercially -zoned land to the north, south, and west. These areas are also identified as future commercial development on the GrOwasso 2030 Land Use Master Plan. The parcel to the west of the subject property is developed as a single - family neighborhood. Staff has determined that a mixed -use multi -story building may be considered appropriate at this location, 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 and minimize the impacts to the neighborhood to the west. The main structure on the subject property sets back a distance of approximately eighty (80) feet from the western property line, where the property abuts the single - family neighborhood. Staff encouraged this larger setback to mitigate the impacts of the approximately fifty (50) foot height of the proposed mixed -use building in relation to the neighborhood. This large setback distance also ensures the neighboring single - family homes will not have their backyard views entirely obstructed by the proposed multi -story building. Further, the conceptual Site Plan for the subject property shows a ten (10) foot tall fence along the western property line, as well as a ten (10) foot wide buffer yard planted with evergreen trees; both of these design features will further shield and buffer the neighboring homes from the mixed -use building. The conceptual Site Plan also shows the trash enclosure location on the opposite side of the property, away from the neighboring homes. This location will keep the noise associated with trash pick -up further away from the neighboring homes. Finally, the applicant has indicated that they intend to orient the rooftop patio feature of their building to the east, away from the neighboring homes to the west. This deign detail should also help reduce ambient noise that will travel from the subject property to the abutting neighborhood. In summary, the proposed use aligns with the development patterns emerging in this corridor, as well as the uses prescribed in the GrOwasso Land Use Master Plan. The main purpose of the SUP requirement for height related structures is to ensure the development does not impose any negative direct impacts to adjoining residential areas. In this case, the structure has been situated a significant distance from the western property line, away from the adjoining neighborhood to minimize negative impacts. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on February 8, 2021. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package CUL }r` r Ilk t sy S?tr• IV, aw lle M 03 �® Subject Tract .� r. a' 'fin- � � [�� P.T• a ��': +. a .e wW.y. ,t5 i1r- -° �'-. ARD "I`'b'..0 ' Mqk l �.�y,. 1(� °° __+- s�sx7._1`..* � d �.y! � � 169 " r.. ei, ''. •,• x *• ±N' .t,.My �Gl, > t� M Jr.^ a �I � ; :, ° `• _ ' -tip '� � � J� � � ' •''wry 1 t L N Note: Graphic overlays may mrry0 100 200 400 Subject not features on the with physical SUP 20 -04 09 21 -14 /eaturos on the ground. Tract I I Aerial Photo ® Feel hoto Date: February 2016 Surrounding Zoning SUP 20 -04- Criterion 11205 f. �1120G 11.202 112011. j3 - - -. RS -3 1320h 3203 11202 - ..1111 111'd ]4 11.12 Land Use Master Plan SUP 20-04 — Criterion Commercial 2S: Industrial /11208 All 209 1120 4�:- — I -12 Lake t•1, 1204 11=205 31 11320h 3203 1.1. 3 Neighborhood MX 49m 11174 159 1;-,�i �11-1 a 4 �11107 11108 F-1 Parks Recreation 111,0 1. — 111105 11 lob 1 1 1 8 Public/ institutional 11110G., It' 11 ' l I i o1 11102 1104 Tal wloj • ❑ Residential fi.110z. A 13202'I3 Oh3201532083211 12132 1 F—] Transitional 7, 217- LU -5 Ln m 14 1� I Ch �D ry Ln Subject t N Exterior Lighting: 241-4Y' I Target illuminance values will be met for safety and security purposes while keeping I the light trespasswithin the recommended values of the City of Owasso. Sltefxtures I will be designed with specifie, directional optics and located so that the light output will f all fall within the lines. Full luminaires tJ I property Cut oil will also be utilized with the Option I d i� of adding house side shields to help mitigate glare near the neighboring properties. UNE OF SIGHT 19FENCEON I 1 m g TRASH PROPERTY LINE I I I I I I m to I te• I ss te' 113'W m taa• 24'4' »rFFf riPerdnB \ \ »Tilt' »*MM'Pa B»!f' pme Z1. I &SIN I, 7 PSapWace ng °O AN bXXX k° a,- Able ��\ -3•`.— wITEIBUILDING TYP I CROSS SECTION m ��V 1 I1- ]- 1'XVR UCCKBRACKEr y GREENBELT 1-STEELTUBE CANE BOLT AT EACH GATE \ 113.13' 1GEOSPACEB 11TS 1 B Y%J'STEEL Y'HFA VTttCABTER 3S— YB'• I umeY orab464 umin OPOSED BUILDING TUBE F �4 I nw.nl EeNvrm- ienamanr^ 25„000 S.F. ® STEU -TUBE M HEAVY DUTY 3M 3 STOGIES eH WEL E HINGES, R ` H GATE I 1 I PAINTA PARK n'1 3 BENCH SIDES OF CMV I BUILDING SETBACK te• \I 2s' 4-18 6' \N AREA 0 40' 80, ZONED R53 D PATIO 4. I 6�1B N' O (OP U0 WXXB FRONT m p— SCALE: 1 "= 40'-0" FF_ lm \ ¢ Q I META-COPING POND I BENCH PAW AU- ZONING —I— SIDES OFCMU CS COMMERCIAL I a I PARCEL SIZE tBFENIEON ® igPL, – 1.54 ACRES (66,997 S.F.) a _ _ _ c- PROPEIRttLINE� IMPERVIOUS AREA BIKE K °"ENrl I ° \\ SIDE 19 I I __ \___ „ ___ _______ ______ _ € W, \ GREENBELT 54,135.52 S.F. jcF \\ \\ TRASH ENCLOSURE DETAILS BUILDING AREA -� —I�— ® \> 25,000 S.F. 1 1 \ \ PARKING COUNT NOTE; 113 STANDARD SPACES NO MUSIC WILL BE 4 ADA SPACES / PLAYED OUTSIDE AFTER 10:00 PM 32 i -c/E -� -- -CIE - - - -\ - - -- \ 1 r1 \ \ SUP Site Plan _ ZONED C3 I \ COMMERCIPI \� _ — Owasso OK SCALE 1'= 40' -0' 12.01.2020 I I I III I li Landscape Legend 1 i i1 0 Ornamental Grasses and Small Shrubs I Shrubs ® TRASH ,Y1� t' Crape Myrtle © / Coniferous Tree I I I w I I Sod _ 6 w / I I I/ — I r 0 9. Outdoor Table and Seating I I I 0 I I / LL. EENBELT IG .:. 0� , I � PROPOSED BUILDING 11 I I 25,000 S.F. 3 STORIES SCALE: 1" = 40' -0" ® 1 PARK ® BENCH T- I ° I I lac, AAA ti M I PARK BENCH POND I ; I I RACK EASELIENTJ \\ :.: l ____ _____________ _____I-- ______ -_ \ GREE LLT \\ \ iTl1_ I i i 32 I - - -CIE _____CIE �i Conceptual Landscape Plan I "�— \ \ — Owasso, OK I SCALE: 1' =40' -0' 12.01.2020 --low Ali ii ili;lil 4AA r� rF FF FF I. FF OFF ' 1x36 av iii - 4L CRITERION OFFICE DEVELOPMENT OWASSO, OR 02.03.2021 iF ..ten_ _...._ ................. ........... r J'.'ra it`( dl FJ� %IM1l,11`:i \S tJ f�•Il`II - �.t�I',f�� rl 1 IJY %iar ll't{f�ly l�'4�15. 11ti siY(lh ILJ nl"!i 11 iV L,. ph�IV Ir'rl r .l }'h 1, f1 /eJ i .I h.J NI �.�{ r tJ � I .C! / Ir. r Y' ri: I I� {Il�Iyil•:j Y$`,Jr..l1ir �h,. rlr }r, ld J� \1�1I 114.�'rlr /( Lr � sl`i N VH 1 jlj'�'4 I} � y Ill il�li . F'\ r: : 11!I 1� •�5 A )f 1 t 1 1 :4� rl dJ, t i 'r J r ,.J.:' 't r 1iJ1 ,lI�H'F'I,.,, /'�fIY, J /rt ,.. tt:�- /IP ,IL,.�1 /..� ) id, tlfJl lry'✓ 13n(. y�l 111 Ja. JA h.'i ! Ir .hl di J�1� }l�r ��ail,Irpli �l lJl'1' I rr it ,nr 1 'q(,i ! ��nos6v TO: The Honorable Mayor and City Council FROM: Alexo Beemer Jurisdiction City Planner SUBJECT: Specific Use Permit (SUP 21 -01) - Trinity Presbyterian Church DATE: February 4, 2021 BACKGROUND: The Community Development Department received an application for the review and approval of a Specific Use Permit for Trinity Presbyterian Church, a proposed religious institution. The subject property is located at the northwest corner of East 761h Street North and North Memorial Drive. The property is approximately 14.91 acres in size, and is zoned Office (0) district. For property in an Office district, the Owasso Zoning Code requires a Specific Use Permit (SUP) for any building with a proposed height over thirty -six (36) feet. The height of the church is proposed to be approximately sixty (60) feet. SURROUNDING ZONING: Direction Zoning Use Land Use Master Jurisdiction Religious Institution Land Use Master Plan Commercial/ Transitional Plan No North Agriculture (AG) Vacant Residential Tulsa County South Agriculture (AG) Rural N/A Tulsa County Residential East Agriculture (AG) Vacant Commercial/ Tulsa County Transitional West Public Facilities (PF) Elementary Public &Institution City of Owasso School SUBJECT PROPERTY /PROJECT DATA: Property Size 14.91 acres +/- Current Zoning Office O Proposed Use Religious Institution Land Use Master Plan Commercial/ Transitional Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks N/A ANALYSIS: An SUP is required in certain zoning districts for uses or structures that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject property is part of the Trinity Presbyterian Plat, approved by City Council in January of 2021; the property was zoned Office (0) under Ordinance 1172, in September of 2020. The applicant proposes the construction of a religious institution on the subject property, to be built in three phases. Structures greater than thirty -six (36) feet in height are not allowed in an Office zoning SUP 21 -01 Trinity Presbyterian Church Page 2 district, unless the developer can obtain an SUP. The peak eave height of the proposed building will exceed thirty -six (36) feet, triggering the need for the applicant to secure an SUP. The subject property is called out for future commercial and transitional uses by the GrOwasso 2030 Land Use Master Plan. A religious institution is a good example of a "transitional" land use, as it serves to provide a buffer between residential areas and other, more intensely used commercial areas. The properties surrounding the subject property are largely undeveloped and devoid of current residential developments. As such, a religious institution on this property would be in harmony with the existing and anticipated land uses in the area. Considering the aforementioned facts, a land use such as a religious institution may be appropriate for this site if the correct controls are utilized with an SUP. The applicant has worked closely with staff to design the site and structure in an appropriate manner that conforms to the design requirements of the Owasso Zoning Code. Although the proposed building is greater than the allowed height of thirty -six (36) feet, staff does not foresee this development negatively impacting any of the abutting properties. The conceptual site plan provided by the applicant shows that the proposed structure is adequately setback from all of the property lines. Further, the applicant has indicated that the fagade of the proposed building will be stone; this will allow the proposed building to match the current design character of the area. The conceptual site plan also indicates that there will be two monument signs, one near each of the two proposed points of access to the property. Another point of access is proposed along the west boundary connecting to the school site, to be used to allow for any overflow parking needs. The applicant also indicated that they will be constructing a large detention pond, to serve as both a stormwater detention and design feature. To further ensure that the proposed Trinity Presbyterian Church development is appropriate for this site, staff is recommending the following additional controls be put into place as a part of this SUP: • The signage on the property will be limited to two (2) monument signs, each to not exceed eight (8) feet in height. • Upon development of the north section of this property, a sidewalk will be required along the entire length of the eastern property line (Memorial Drive). • A barrier must be placed along the southern edge of the site's detention pond to deter children from entering the pond area. This barrier can consist of either fencing or landscaping. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on February 8, 2021. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package 1� a j J{ }f{' IYX llir Y Q��l�a' 1 ",' �K , ✓,%},P, ,tom r ! 01 s ppry f�, s Subject Tract ` t Y Jb 1 l. Ilk n- ♦ J.4• .c r.. ' �J., / / �,�. It , ,mw � 1 �a�r� 3 � 1' � �: � l` • l� �J ' f , aka rs Rlf. 9 I Note: Graphic overlays may N not precisely align with physical Subject 0 100 200 400 features on the ground. Tract SUP 21-01 I i I 1 I 2621 -13 Aerial Photo Date: February 2018 Feel Surrounding Zoning SUP 21-01- Trinity Presbyterian Land Use Master Plan SUP 21 -01- Trinity Presbyterian - -.. ! „ - 0 Subject I! Property k I`. E 761h St N 3 1 a •- '� �� ..t � C ��' 6 b�.� [ „.y t"h•' 1 V Commercial Industrial Lake Neighborhood MX Parks / Recreation Public / Institutional Residential Transitional Land Use Master Plan SUP 21 -01- Trinity Presbyterian - -.. ! „ - 0 Subject I! Property k I`. E 761h St N 3 1 a •- '� �� ..t � C ��' 6 b�.� [ „.y t"h•' 1 V s' eA �B —II� I it � � 3 - - II��I I 1 I I _III I •\ �\ I I I: a '� � � \\ \ � ➢pall p p� n I Epp! I I i� If 6 •� II '�q� 'IIr� IT, it ii" �; _ 1,1, =�' )), r NH HHF11FlIl I JOB 1i7p I ` 7p rIF 1 --- r p i jlt; y 1 e a s TRINITY PRESBYTERIAN CHURCH 7650 NORTH MEMORIAL DRIVE ?� 3 �Ij� ° Cil OWASSO, OKLAHOMA 74055 III i wmsuPEwoEnEPUPEfEats- vxasyst as e'.a"".`SPS a"°.Iaru ciu n n mm �irti i r 'r ! WNSWECO4EREpA1®FH16- PW16E] a"°.Iaru ciu n n mm ;�nJ T J � a! mrvn�ETrTY faFnnt ! ! EE1.9V1PYJiES x�w P�uaw.awuquwiu�mno[�mxi� �u��w�i � uvimwwwfartofouganuuwu¢ loft M1UlNViu�pouafmfwx.fucume[ n.wu mW WQ wam u¢n rtwvwnf �m �� nnunraiaagiryfpwu ort. i - ^^� �1tloW� PFARC.GESIGN PROJECT TRINITY PRESBYTERIAN �eu�ESr rvanIRER 79991 .N.GIITANT ILN REVISIONS SE ?L ISSUE. OATS 12.39.2929 ;MEET NUMU'Z« CLP1.0 WIY IJV .APE PIAN -SOM I IT I I amc i PLWl1MTMtN1&[xuS�C[XEWU.PXASES 1 62 V @ 5�nn�aMxniu.ap vww mrt yupq ffi im � ryYt wrtw�avva � �i w Pw x¢tl � PIAN! MAZER VL YXE W LE- PH45Ep ]q�.�w� ' hr ffi �N!S KN�xTnu�YC� � S u�i uwauwa�nu w M_y1 ury eM X rw �mnpn�q w ]� NeG >1� D i w Z _mow I i i J p n 1REERIHIMG- NTISfPYlY (19NRIIBRNIIINO m ®m 1 T`. PFARO.OESIGN PKMFCi TRINITY PRESBYTERIAN FP.GJECiT NUMBER 12001 cunau". rnN I' .I . hr I -i a s ISS. E 72 00 2020 S"I F.LT NllMtf[R CLP2.0 CMI DSCME PL M -NOM ' hr IFVNHEPHABE I ®m 1 T`. PFARO.OESIGN PKMFCi TRINITY PRESBYTERIAN FP.GJECiT NUMBER 12001 cunau". rnN I' .I . hr I -i a s ISS. E 72 00 2020 S"I F.LT NllMtf[R CLP2.0 CMI DSCME PL M -NOM �.i n ` - 11 * % ` O w\ 'I 2 !a 2 E € a � T i lb i 135. N) " �6 W -°+z° TRINITY PRESBYTERIAN CHURCH 7660 NORTH MEMORIAL AVENUE OWASSO, OKLAHOMA 74055 I I I 1 I I i' ^5 Skl. r it tx l_.4, ., } c.� is t S/ u y ? 4 1 1 sa, 0 r i rs t M } �i � r I ANEW f n P a N "'- �o TRINITY PRESBYTERIAN CHURCH o W a ^0 7660 NORTH MEMORIAL AVENUE uma OWASSO, OKLAHOMA 74055 v sd IiFAL Poeple• RUL Cha=r N Lcemmwlry TO: The Honorable Mayor and City Council FROM: Karl Fritschen, RLA, AICP Planning Manager SUBJECT: Specific Use Permit (SUP 21 -02) - Warren Clinic DATE: February 4, 2021 BACKGROUND: The Community Development Department received an application for the review and approval of d Specific Use Permit (SUP) for Warren Clinic, a proposed medical clinic. The subject property is located just northeast of the intersection of US Highway169 and East 116th Street North. The property is approximately 11.48 acres in size, zoned Commercial Shopping (CS), and is within the US -169 Overlay District. The proposed building is to be fifty -eight (58) feet in height. For structures in a CS zoned district, the Owasso Zoning Code requires a Specific Use Permit for any building with a proposed height over thirty -six (36) feet. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Undeveloped Commercial City of Number of Reserve Areas Shopping CS Within PUD? No Owasso South Commercial Commercial Commercial City of Shopping CS Owasso East Agriculture (AG) Place of Commercial Tulsa County Worship West Agriculture (AG) Highway N/A City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 11.48 acres Current Zoning CS Proposed Use Medical Clinic Proposed Height 58 feet Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural #3 Streets (public or private) N/A ANALYSIS: An SUP is required in certain zoning districts for uses or structures that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject Page 2 SUP 21 -02 property is zoned CS under Ordinance 1155 approved in November 2019. The applicant is proposing the construction of a medical clinic on the subject property that will be fifty -eight (58) feet in height. Proposed buildings greater than thirty -six (36) feet in height in the CS zoning district require a SUP before any construction may commence. There are no residential uses adjacent to this property nor are there anticipated to be in the future, as both the subject and surrounding properties are called out for future commercial uses by the GrOwasso 2030 Land Use Master Plan. Additionally, immediately to the west lies US Highway 169, a heavily traveled transportation corridor. Due to the location of the facility and anticipated growth patterns, staff does not foresee any negative impacts associated with this request. The medical clinic is an allowed use in the commercial land use category, and the reason the applicant needs an SUP is due to the height of the structure. This is a developing commercial corridor and the proposed medical facility complements other nearby existing uses. The structure lies within the US -169 Overlay District and meets all of the architectural requirements of the Overlay. A partial plat vacation, lot split, site plan, and rezoning have all been previously approved in preparation for this new facility. Any development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on February 8, 2021. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package I \ M Note: Graphic overlays may N not precisely align with physical ®Subject o 100 zoo aoo lea[ures on the gmu TlBCf SUP 21 -02 I 1 I 1 I 0421 -14 Feel Aerial Photo Date: February 2(118 ITT �v 3 Note: Graphic overlays may N not precisely align with physical ®Subject o 100 zoo aoo lea[ures on the gmu TlBCf SUP 21 -02 I 1 I 1 I 0421 -14 Feel Aerial Photo Date: February 2(118 Surrounding Zoning SUP 21 -02- Warren Clinic i Commercial N Industrial F] Lake E] Neighborhood MX ❑ Parks / Recreation E Public / Institutional ❑ Residential ❑ Transitional Land Use Master Plan SUP 21 -02 — Warren Clinic g c4 tE I T12 N A 4hr NORTH 129TH EASTAVE. 5,i s F / 0 ij IR a g Kit 5 Ll -I ma d B' o °a 13 9 A dw m s,g gg{AAAA{ _ _ .3 I NORTH 105TH EAST AVE. -pi IP P s:. I CAI i Alf I iti' / LNZ EEE L/ D O O PnL� 9 Vi it O m pya � 3 f 3 8jy IP NJ 155 Noz _c_ d Z� f5`�p9 ' - m O 6 3iF 3° F�Z r 0 E . € €I = 14 P@ a. pax oom +g n Boa l z IF 0 m A { 9 4f`�1 sg �pg¢E It � H[l? i%[[ 8 "j M P:a �a if II __ RE $9 111 111111 'g8 IA`A iYf e OHO�SSoao WARREN CLINIC p URGENT CARE L Kimley *Horn � OVERALL SITE PLAN w. es Alli Owasso, oNwlonu 11610 NORTH 137TH EAST 4 {; BRICK CURTAINWALL SYSTEM COMPOSITE PANEL _ EIPS STONE DROP- OFFCANOPY _ g00F r. N 5 1� 0 30, -0„ 301-0" 60' -01 1201-0„ WARREN CLINIC: OWASSO CLERESTORY: ALUMINUM & GL SS PRESSED GLASS COMPOSITE PANEL 1 EIFS BRICK I SUN SHADING DEVICE DROP -OFF CANOPY FF LMLOI _ m ssvr I IEVfLUI � 8 N O 0 10' -0" 30' -D" 60' -0" Pm WARREN CLINIC: OWASSO BRICK COMPOSITE PANEL EIFS PRESSEDGLASS — SUN SHADING DEVICE ROOF 10L1R'-0° uvxwx raurm uv¢ox raxorvm N O CLERESTORY: ALUMINUM & GLASS SKYLIGHT _ 1^^101 limill 1111111111 u NIM 0 IM 01111111 0 10' -0" 301-0" 1' -0" 120' -0" WARREN CLINIC: OWASSO STRIPED GLASS EIFS CLERE BRICK COMP TRANS 6'-0" k SCREE POOP _ TOC M'0" LML@ _ _ TOC136_-0' oL Tectm'o r� - - -.�_ auun�emnnn�. -_ n u 1111 ME lailm all 0 10' -0" c N O sd REAL P.O. • NEAL CM6.R Cemmrvnly TO: The Honorable Mayor and City Council FROM: Charlene Lawrence Pretreatment & Stormwater Administrator SUBJECT: Metropolitan Environmental Trust (M.e.t.) Amended Trust Indenture DATE: February 4, 2021 BACKGROUND: The City of Wagoner has requested to become a member of the Metropolitan Environmental Trust (M.e.t.) and has been approved by the M.e.t. Board of Directors. The M.e.t. was created by a Trust Indenture, dated August 5, 1988, and was formed for the purpose of partnering member communities to develop, deliver and support environmental practices, to empower member communities to promote regulatory compliance and reduce the solid waste stream, and to teach sound environmental practices to the public. The City of Owasso is a member of the Trust and the designated Trustee for the City of Owasso is Charlene Lawrence, Pretreatment & Stormwater Administrator. As a beneficiary of the Trust, the Refuse Collection Budget includes funds for a portion of administrative costs associated with numerous environmental- related education and training functions and Hazardous Household Pollutant hazardous materials disposal. PROPOSED ACTION: Amending the Trust Indenture to add the City of Wagoner requires approval of each member city. An item has been included on the February 9, 2021, Work session agenda for discussion. ATTACHMENTS: Metropolitan Environmental Trust Amended Trust Indenture Proposed Council Resolution Proposed Council Acceptance The Metropolitan Environmental Trust Amended Trust Indenture The Met. The Metropolitan Environmental Trust Mission Statement The M.e.t. partners with member communities to develop, deliver and support environmental programs and services, and to educate citizens on sound environmental practices. Vision Statement The M.e.t. will be the leading organization that empowers member communities to collaborate and to promote environmental responsibility. The M.e.t. will develop, deliver and support the highest quality environmental programs and services that promote regulatory compliance, reduce the solid waste stream, and teach sound environmental practices to the public. M.e.t. Board - Approved on January 14, 2021 11 Page METROPOLITAN ENVIRONMENTAL TRUST AMENDED TRUST INDENTURE ARTICLE I Creation of Trust The Trust was created and established for the public purposes hereinafter set forth, under the provisions of Title 60 Oklahoma Statutes, Section 176, et. seq. as may be amended from time to time, and other applicable statutes of the State of Oklahoma. ARTICLE II Name The name of this Trust shall be The Metropolitan Environmental Trust, hereinafter referred to as the "Trust." Under that name it shall, so far as practicable, conduct all business and execute all instruments, and otherwise perform its duties and functions in the execution of this Trust. ARTICLE III Purposes The purposes of this Trust are: 1. To receive from public and private collectors in the region solid waste, including refuse, trash, garbage, sludges and other discarded or salvageable solid materials as specified in the Oklahoma Solid Waste Management Act and any amendments, successors thereto, and to process, transfer, transport, convert, recover, recycle, or reclaim such solid waste, fuel and usable materials and products, and sell the same and to dispose of non - usable solid waste by burial, incineration or other methods. 2. To plan, establish, develop, acquire, construct, purchase, install, repair, enlarge, improve, maintain, equip, finance and refinance, operate and regulate public solid waste processing or disposal systems and facilities and to close and monitor facilities according to regulations eitherwithin or withoutthe territorial boundaries of the beneficiaries of the Trust, including, but not limited to the purchasing, leasing, construction, installation, equipping, maintenance and operation of such buildings, equipment, machinery and other facilities necessary for the processing of refuse and solid waste, and the purchasing or leasing of transportation vehicles, equipment and facilities. 21 Page 3. To hold, maintain and administer any leasehold rights in and to physical properties demised to the beneficiaries and to comply with the terms and conditions of any such lease. To acquire by lease, purchase or otherwise, and to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate and regulate any and all physical properties designated or needful for utilization in the furnishing and providing of services, in connection with public solid waste processing and disposal systems and facilities, and to dispose of, rent or otherwise make provisions for properties owned by the Trust, but no longer needful for trust purposes. 4. To acquire by lease, purchase or otherwise, and to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate and all physical properties designated or needful for utilization in the furnishing and provision of services, in connection with public solid waste processing and disposal systems and facilities, and to dispose of, rent or otherwise make provision for properties owned by the Trust, but no longer needed for trust purposes. 5. To provide funds for the cost of financing, acquiring, constructing , leasing, equipping, maintaining, repairing and operating public solid waste processing systems, facilities, buildings, and other improvements thereto, and all properties, real, personal or mixed, required for execution and fulfilling the trust purposes as set forth in this instrument, and all other charges, costs and expenses necessarily incurred in connection therewith and in so doing, to incur indebtedness, either unsecured or secured by all or any part of the Trust Estate and its revenues. 6. To expend all funds coming into the hands of the Trustees as revenue or otherwise in the payment of any indebtedness incurred by the Trustees for purposes specified herein, and in the payment of the costs and expenses thereof, and in the payment of any other obligation properly chargeable against the Trust Estate, and to distribute the remainder of such funds to the beneficiaries hereof. ARTICLE IV Duration The Trust shall have duration for the term of duration of the beneficiaries and until such time as its purpose shall have been fully fulfilled or until it shall be terminated as hereinafter provided. ARTICLE V Trust Estate 31 Page The Trust Estate shall consist of: 1. The funds and property in the hands of the Trustees orto be acquired or constructed by the Trustees and dedicated by the Trustees and others to be used for Trust purposes. 2. Any and all leasehold rights demised to the Trustees by its beneficiaries as authorized and empowered by law. 3. Any and all money, property, real, personal or mixed, rights, chores in action, contracts, leases, privileges, immunities, franchises, benefits and all other things of value coming into the possession of the Trustees pursuant to the provisions of this Trust Indenture, as may be amended from time to time. 4. Cash in hand. 5. The instruments executed for each project, and each issuance of bonds and other indebtedness, shall set out the specific property of the Trust Estate exclusively pledged and mortgaged for the payment of such indebtedness. ARTICLE VI Trustees 1. The governing body of each of the Beneficiaries of the Trust shall designate one Trustee. Each governing body shall establish the term of office of its Trustee. 2. Trustees shall serve until their successors have been duly appointed and qualified. Successor Trustees duly appointed and qualified shall, without any further act or conveyance, become fully vested with all of the estate, properties, rights, powers, duties and obligations of their predecessors hereunder with like effect as if originally named as Trustee. 3. The Trustees shall, during their terms of office, be subject to removal by action of the District Court of Tulsa County for good cause shown, or by the governing body that made the appointment, for any reason the governing body may deem appropriate. 4. No Trustee shall be paid compensation of any kind for service as a Trustee of this Trust. However, Trustees may be reimbursed for expenses incurred in the performance of the duties hereunder. 5. Bonds or other evidence of indebtedness to be issued by the Trustees 41 Page shall not constitute an indebtedness of the State of Oklahoma, or of the Beneficiaries, or personal obligations of the Trustees of the Trust, but shall constitute obligations of the Trust payable solely from the Trust Estate. No indebtedness shall be incurred without the prior approval of two - thirds of the Beneficiary governing bodies, both as to the purpose and amount of the indebtedness. 6. The Trustees, the State of Oklahoma, and the Beneficiaries hereof shall not be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in good faith or in the exercise of the discretion in the performance of such Trust or in the operation of the Trust Estate; but any act or liability for any omission or obligation of the Trustees in the execution of such Trust or in the operation of the Trust Estate, shall extend to the whole of the Trust Estate or so much thereof as may be necessary to discharge such liability or obligation. 7. Notwithstanding any other provisions of this Indenture which shall appear to provide otherwise, no Trustee or Trustees shall have the power or authority to bind or obligate any other Trustee, or Beneficiary, in his or its capacity, nor can the Beneficiary bind or obligate the Trust or any individual Trustee. 8. The Trustees shall adopt bylaws and shall elect a Chairman from their members who shall preside at all meetings and perform other duties designated by the Trustees. The Trustees shall elect a Vice Chairman from their members who shall act as Chairman during the temporary absence or disability of the Chairman. If a vacancy occurs in the office of Chairman or Vice Chairman, the Trustees shall elect a successor from their members. The Trustees shall designate the date, time, and place of all regular meetings, which meetings shall be conducted in accordance with the provisions of the Oklahoma Open Meeting Act. Except as otherwise provided herein or as required by state law, all actions by the Trustees pursuant to the provisions of this Trust Indenture shall be approved by the affirmative vote of at least a majority of the Trustees present at a meeting where a quorum is present. A quorum of the Trustees is defined as 51 percent of all duly appointed Trustees. 9. The Trustees shall cause an annual audit to be made of the funds, accounts, and fiscal affairs of the Trust in compliance with the provisions of Section 180.1 Title 60, of the Oklahoma Statutes, as may be amended from time to time. 10. The governing body of each of the Beneficiaries shall have the right to conduct or have conducted a complete audit of the funds, accounts and fiscal affairs of the Trust at any time and at the expense of the requesting governing body. 51 Page 11. The whole title, legal and equitable, to the properties of the Trust is and shall be vested in the Trustees, as such title in the Trustees is necessary for the due execution of this Trust Indenture. The Trustees shall have and exercise exclusive management and control of the properties of the Trust Estate for the use and benefit of the Beneficiaries. 12. The Trustees may contract for the furnishing of any services, or the performance of any duties they may deem necessary or proper, and the payment thereof. 13. The Trustees may compromise any debts or claims of or against the Trust Estate, and may adjust any dispute in relation to such debts or claims by arbitration or otherwise and may pay any debts or claims against the Trust Estate upon the evidence deemed by the Trustees to be sufficient. The Trustees may bring any suit or action, which is necessary or proper to protect the interest of the Trust Estate, or to enforce any claim, demand or contract for the Trust; and the Trustees shall defend any suit against the Trust, or the Trustees or employees, agents or servants thereof. The Trustees may compromise and settle any suit or action, and discharge the same out of assets of the Trust Estate, together with court costs and attorneys' fees. All of such expenditures shall be deemed proper expenses of executing this Trust. ARTICLE VII Powers and Duties of the Trustees To accomplish the purposes of the Trust, and subject to the provisions and limitations otherwise provided in this Trust Indenture, the Trustees shall have, in addition to the usual powers incident to their office and the powers granted by statute and in other parts of this Trust Indenture, the following rights, powers, duties, authority, discretion and privileges: 1. To finance, acquire, establish, develop, construct, enlarge, improve, extend, maintain, equip, operate, lease, furnish, provide, supply, regulate, hold, store, and administer any of the systems and facilities designated pursuant to Article III hereof as the Trustees shall determine necessary for the benefit and development of the Beneficiaries. 2. To employ architectural and engineering firms or consultants as the Trustees deem necessary to prepare such preliminary or detailed studies, plans, specifications, cost estimates and feasibility reports as are deemed reasonable and proper. The costs of such engineers, architects and consultants may be paid out of the proceeds of the sale of bonds or from such other funds as may be available therefor. 6 1 P a g e 3. To enter into contracts for the sale of bonds, notes or other indebtedness or obligations of the Trust for the purpose of acquiring or constructing systems and facilities authorized to be acquired or constructed pursuant to the terms of this Trust Indenture and forthose purposes may: (a) Employ a financial advisor, or committee of advisors, to advise and assist the Trustees in the marketing of such bonds, notes or other evidences of indebtedness or obligations, and to present financial plans for the financing of the acquisition or construction of each project, and to recommend to, or consult with, the Trustees concerning the terms and provisions of bond indentures and bond issues, and may pay appropriate compensation for such work and services performed in the furtherance of the project; (b) Sell all bonds, notes or other indebtedness or obligations of the Trust in installments or series and on such terms and conditions and in such manner as the Trustees shall deem to be in the best interest of the Trust Estate subject to the provisions of Title 60, Oklahoma Statutes, Section 176, et. seq., as may be amended from time to time; and (c) Appoint and compensate attorneys, applying agencies and corporate trustees in connection with the issuance of any such bonds, notes, indebtedness or other obligations of theTrust. 4. To purchase, lease, or otherwise acquire property, real, personal or mixed; to enter into and execute contracts, leases, and operating agreements. S. To make and change investments, to convert real into personal property, and vice versa, to lease, improve, exchange or sell, at public or private sale, upon such terms as deemed proper, and to resell, at anytime and as often as deemed advisable, any or all the property in the Trust, to refund outstanding bonded indebtedness and to execute bonds, notes, or other indebtedness or obligations, and to secure the same by mortgage, lien, pledge or otherwise; to purchase property from any individuals, partnerships, associations, corporations, and others, including the United States of America or the State of Oklahoma and agencies, authorities or trusts of the United State of America or the State of Oklahoma, or of any municipality thereof, and also including all municipal or other political subdivisions of the State of Oklahoma, as well as the Beneficiaries hereof, and lease or sublease land and other property to and from the Beneficiaries or others and construct, improve, repair, extend, remodel, and equip buildings, improvements, and other facilities thereof and to operate, lease, or rent the same to individuals, partnerships, associations, corporations, and others, including the United States of America or the State of Oklahoma and agencies, authorities or Trusts of the United States of America or the State of Oklahoma, or of any municipality thereof, and also including all municipal or 71 Page other political subdivisions of the State of Oklahoma, as well as the Beneficiaries hereof, and to do all things to accomplish the purposes set out in Article III of this Trust Indenture, and procure funds necessary for such purposes by the sale of bonds or other evidences of indebtedness by mortgages, liens, pledges or other encumbrances of such real and personal property, buildings, improvements and other facilities owned or otherwise acquired, leased or controlled by Trustees, and by rentals, income, receipts and profits therefrom, or from any other revenues associated with the ownership, operation or control of the property of the Trust; to lease or sublease any property of the Trust, or of which the Trust may become the owners or lessees. 6. To fix, demand and collect charges, rentals and fees for the services and facilities of the Trust and to discontinue furnishing of services and facilities to any persons, firm or corporation, or public instrumentality, delinquent in the payment of any indebtedness to the Trust; to purchase and sell such supplies, goods, and commodities as are incidentto the operation of its properties. 7. To make and perform contracts of every kind, including management and operating contracts, with any person, firm, corporation, association, trusteeship, municipality, government or sovereignty; and subject to the provisions of this Trust Indenture, as may be amended from timeto time, without limit as to amount to draw, make, accept, endorse, assume, guarantee, account, execute and issue promissory notes, drafts, bills of exchange, acceptances, warranties, bonds, debentures, and other negotiable or non - negotiable instruments, obligations and evidences of unsecured indebtedness, or of indebtedness secured by mortgage, deed, trust, or otherwise upon any or all income of the Trust, in the same manner and to the same extent as a natural person might or could do; to collect and receive any property, money, rents, or income of any sort and distribute the same or any portion thereof for the furtherance of the authorized Trust purposes set out herein. 8. To take whatever actions may be appropriate and whatever actions may be directed by a majority of the Trustees to cure any default by a Beneficiary pursuant to the Trust Agreement. 9. To do all other acts necessary or desirable for the proper and advantageous management, investment, and distribution of the Trust Estate and income therefrom. ARTICLE VIII Beneficiaries of the Trust 1. The Beneficiaries of this Trust shall be the Cities of Bixby, Broken Arrow, Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Tulsa, 81 Page Coweta, and Wagoner, and the County of Tulsa. 2. The Beneficiaries shall have no legal title, claim or right to the Trust Estate, or its income, or to any part thereof or to demand or require any partition or distribution thereof. Neither shall the Beneficiaries have any authority, power or right whatsoever, to do or transact any business for, or on behalf of, or binding upon the Trustees or upon the Trust Estate, nor the right to control or direct the actions of the Trustees pertaining to the Trust Estate or any part thereof. The Beneficiaries shall be entitled solely to the benefits of this Trust, as administered bytheTrustees hereunder, and at the termination of the Trust, as provided herein, and then only the Beneficiaries shall receive the residue of the Trust Estate, to be distributed in accordance with the Trust Indenture and the laws of the State of Oklahoma. 3. If, after the effective date of the Trust Indenture, governments desire to join with the Beneficiaries of the Trust in accomplishing the purposes of the Trust, provisions may be made for additional beneficiaries to the Trust. Said governments shall make such contributions to the Trust Estate as the Trustees deem appropriate to offset the costs and expenses of additional services, systems and facilities required to serve their portion of additional waste streams together with an amount reflecting previous contributions of the Beneficiaries of initiating, establishing, developing, acquiring, constructing, maintaining or repairing the Trust Estate. ARTICLE IX Secretary of Trust The Trustees shall appoint a Secretary. The Secretary shall keep minutes of all meetings of the Trustees and shall maintain complete and accurate records of all their financial transactions, all such minutes, books and records to be on file in the principal office of the Trust. ARTICLE X Termination of Trust This Trust shall terminate when the purposes set out in Article III of this instrument shall have been fully executed; or In the manner provided by Title 60, Oklahoma Statutes, Section 180, provided, however, that this Trust shall not be terminated by voluntary action if there be outstanding indebtedness or fixed term obligations of the Trustees, unless all owners of such indebtedness or obligations shall have consented in writing to such termination. 9 1 P a g e Upon the termination of this Trust, the Trustees shall proceed to conclude the affairs of this Trust, and after payment of all debts, expenses and obligations out of the moneys and properties of the Trust Estate to the extent thereof, shall distribute the residue of the money and properties of the Trust Estate to the Beneficiaries hereunder. Upon final distribution, the powers, duties and authority of the Trustees hereunder shall cease. ARTICLE XI Acceptance of Trust Indenture The Trustees accept the Trust herein created and provided for, and agree to carry out the provisions of this Trust Indenture on their part to be performed. IN WITNESS WHEREOF, Trustees have hereunto set their hands on this 141h day of January, 2021, Ellen Bussert, Trustee City of ' by ie Monnot, Trustee City of Claremore a� Tom Youn , rustee City of Coweta G- a. d_ Tim Doyle, Tr tee City of Jenks ",. z , 0Z Derek Campbell, Trustee City of Sand Springs 4V � JZ4 X- J n Fothergill, Trustee, ulsa County 101 Page Scott Eudey, Trustee City of Broken Arrow Craig Stokes, Trustee City of Collinsville I- obert Wer ey, Trustee City of Glenpool Charlene Lawrence, Trustee City of Owasso TerK Ball, Trustee City of Tulsa RESOLUTION NO. A RESOLUTION OF THE TRUSTEES OF THE METROPOLITAN ENVIRONMENTAL TRUST, AN OKLAHOMA PUBLIC TRUST, APPROVING AND AUTHORIZING AN AMENDED TRUST INDENTURE OF THE METROPOLITAN ENVIRONMENTAL TRUST, WHICH PROVIDES FOR CLARIFICATION OF THE LANGUAGE OF THE TRUST INDENTURE; AND WHICH FURTHER PROVIDES FOR THE ADDITION OF THE CITY OF WAGONER, OKLAHOMA, AS A BENEFICIARY; AND FINDING THAT SUCH ACTIONS ARE IN THE BEST INTEREST OF THE BENEFICIARIES, AND THE COMMUNITIES THAT THEY SERVE WHEREAS, the Metropolitan Environ mental Trust was created as a public trust pursuant to the provisions of Title 60, Oklahoma Statutes 2001, Sections 176 to 180.4, inclusive, as amended and supplemented, and other applicable statutes and laws of the State of Oklahoma; and WHEREAS, the Metropolitan Environmental Trust was created by a Trust Indenture dated August 5, 1988, and the beneficial interests of the Trust and the Indenture thereof was accepted by the governing bodies of the respective beneficiaries; and WHEREAS, the Metropolitan Environmental Trust was formed for the purpose of partnering member communities to develop, deliver and support environmental programs and services, and to educate citizens on sound environmental practices; to empower member communities to collaborate and to promote environmental responsibility; to develop, deliver and support quality environmental programs and services that promote regulatory compliance, reduce the solid waste stream, and teach sound environmental practices to the public. WHEREAS, the Trustees of the Metropolitan Environmental Trust desire to amend the Trust Indenture to clarify the language of the Trust Indenture; and WHEREAS, the Trustees of the Metropolitan Environmental Trust desire to amend the Trust Indenture to provide for addition of the City of Wagoner, Oklahoma as a beneficiary. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE METROPOLITAN ENVIRONMENTAL TRUST, AS FOLLOWS: 1. That the Amended Trust Indenture of the Metropolitan Environmental Trust is hereby approved and authorized and shall be executed substantially in the same form thereof submitted at the meeting at which this Resolution was approved and as finally approved and executed by the Trustees and attested by the Secretary. The Amended Trust Indenture in the form to be so approved is hereby authorized for execution and delivery, subject to such minor changes, insertions, and omissions and such filling of blanks therein as may be approved and made in the form thereof by the Trustees of the Trust executing the same pursuant to this Section. 2. That said actions are in the best interests of the beneficiaries of the Metropolitan Environmental Trust, and the health, safety, and welfare of the communities that they serve. Approved and adopted by the Trustees of the Metropolitan Environmental Trust at a regular meeting thereof, advance public notice of which was duly given and at which 2/3 of the Board of Trustees were present and voting, and signed by the Chairman this 14' day of January, 2021. Chairman Scott Eudey ATTEST: i Secretary Approved as to form and legality: - OWN# RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, A MUNICIPAL CORPORATION, APPROVING AND AUTHORIZING AN AMENDED TRUST INDENTURE OF THE METROPOLITAN ENVIRONMENTAL TRUST, WHICH PROVIDES FOR CLARIFICATION OF THE LANGUAGE OF THE TRUST INDENTURE, AND WHICH FURTHER PROVIDES FOR THE ADDITION OF THE CITY OF WAGONER, OKLAHOMA, AS A BENEFICIARY; AND FINDING THAT SUCH ACTIONS ARE IN THE BEST INTEREST OF THE BENEFICIARIES, AND THE COMMUNITIES THAT THEY SERVE WHEREAS, the Metropolitan Environmental Trust was created as a public trust pursuant to the provisions of Title 60, Oklahoma Statutes 2001, Sections 176 to 180.4, inclusive, as amended and supplemented, and other applicable statutes and laws of the State of Oklahoma; and WHEREAS, the Metropolitan Environmental Trust was created by a Trust Indenture dated August 5, 1988, and the beneficial interests of the Trust and the Indenture thereof was accepted by the governing bodies of the respective beneficiaries; and WHEREAS, the Metropolitan Environmental Trust was formed for the purpose of partnering member communities to develop, deliver and support environmental programs and services, and to educate citizens on sound environmental practices; to empower member communities to collaborate and to promote environmental responsibility, to develop, deliver and support quality environmental programs and services that promote regulatory compliance, reduce the solid waste stream, and teach sound environmental practices to the public; and WHEREAS, the Trustees of the Metropolitan Environmental Trust desire to amend the Trust Indenture to clarify the language of the Trust Indenture; and WHEREAS, the Trustees of the Metropolitan Environmental Trust desire to amend the Trust Indenture to provide for addition of the City of Wagoner, Oklahoma as a beneficiary; and WHEREAS, the City Council of the City of Owasso, Oklahoma, is supportive of the amendments to the Trust Indenture, and desires to approve the Amended Trust Indenture. 1 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA., AS FOLLOWS: 1. That the Amended Trust Indenture of the Metropolitan Environmental Trust is hereby approved and authorized and shall be executed substantially in the same form thereof submitted at the meeting at which this Resolution was approved and as finally approved and executed by the Trustees. The Amended Trust Indenture in the form to be so approved is hereby authorized for execution and delivery, subject to such minor changes, insertions, and omissions and such filling of blanks therein as may be approved and made in the form thereof by the Trustees of the Trust executing the same pursuant to this Section. 2. That the City Council of the City of Owasso, Oklahoma, hereby ratifies the acceptance of the beneficial interest created by the Trust Indenture of the Metropolitan Environmental Trust, dated August 5, 1988, in all respects and in accordance with the terms of said instruments, for and on behalf of the Beneficiary, the City of Owasso, Oklahoma. 3. That said actions are in the best interests of the beneficiaries of the Metropolitan Environmental Trust, and the health, safety, and welfare of the City of Owasso, Oklahoma. 4. That the Mayor is Authorized to execute the Acceptance, attached hereto and incorporated herein as Exhibit "A," which memorializes the Council's express consent and agreement to the Amended Trust Indenture, and ratifies the acceptance of the beneficial interest created by the Trust Indenture of the Metropolitan Environmental Trust, dated August 5, 1988, in all respects and in accordance with the terms of said instruments, for and on behalf of the Beneficiary, the City of Owasso, Oklahoma. Approved and adopted by the City Council of the City of Owasso, Oklahoma, at a regular meeting thereof, advance public notice of which was duly given and at which 2/3 of the City Council was present and voting, and signed by the Mayor this day of 2021. [Signature pages to follow] r Mayor ATTEST: City Cleric Approved as to form and legality: Attorney for the City Council ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of Owasso, Oklahoma, hereby expressly consents and agrees to the foregoing Amended Trust Indenture of the Metropolitan Environmental Trust, and hereby ratifies the acceptance of the beneficial interest created by the Trust Indenture of the Metropolitan Environmental Trust, dated August 5, 1988, in all respects and in accordance with the terms of said instruments, for and on behalf of the Beneficiary, the City of Owasso, Olahoma. WITNESSETH my hand as Mayor of the City of Owasso, Oldahoma, attested by the City Clerk of the City of Owasso, Olahoma, pursuant to direction of said City Council on this day of 12021. Mayor ATTEST: City Cleric