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HomeMy WebLinkAbout2011.06.14_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Special DATE: June 14, 2011 TIME: 6:00 p.m. CAS PLACE: Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, June 10, 2011. 9 _ AGENDA Call to Order Mayor Bonebrake nn M. Stevens, Deputy City Clerk 2. Discussion relating to Administrative items Ms. Bishop Attachment # 2 A. Proposed Ordinance - Amending Part 9, Business Licensing and Relating to Solicitors and Mobile Food Vendors B. Acceptance of Donation from the Owasso Senior Citizens Foundation and Approval of Budget Amendment in the General Fund C. Proposed Supplemental Appropriations for Fiscal Year End (FY 201 1) 3. Discussion relating to Operational Items Mr. Ray Attachment # 3 A. Final Plat - Bailey Dialysis Center B. Specific Use Permit (SUP) 11-01 - Christian Brothers Automotive C. Proposed Agreement between the City of Owasso and Oklahoma Natural Gas (ONG) Relating to Utility Relocation for the 106th and Garnett Intersection Improvement Project D. Proposed Agreement between the Owasso Public Works Authority and Owasso Land Trust Relating to the Meadowcrest Relief Line E. Acceptance of Donation and Bid Review for the Exterior Painting of US Highway 169 Water Tower F. Bid Review - Street Striping Contract Owasso City Council June 14, 2011 Page 2 4. Discussion relating to City Manager Items Mr. Ray Attachment # 4 A. Proposed Contract between the City of Owasso and International Association of Fire Fighters (IAFF) for Fiscal Year 2012 B. Proposed Grant Acceptance - Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant C. 2011 Community Development Block Grant (CDBG) Application and Projects D. Discussion Relating to the Bailey Ranch /Sawgrass Detention Pond E. Discussion Relating to Policy on HOA Pond Management F. Discussion Relating to FY 11 -12 Budget Proposal G. Discussion Relating to Citizen Board and Committee Appointments H. City Manager Report 1. Sales Tax Report 5. Report from City Councilors 6. Adjournment The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinance Amending Part 9, Licensing and Business Regulations of the Owasso Code of Ordinances DATE: June 10, 2011 BACKGROUND: Staff has recently reviewed the current structure and organization of Part 9 of the Code of Ordinances governing Licensing and Business Regulations. This review was prompted by growing concerns regarding the issuance of solicitor permits to individuals with a criminal record and the extremely complex schedule of fee licensing. In addition, the increasing number of inquiries regarding ordinances regulating mobile food vendors has raised concerns that the City's Code of Ordinances does not adequately address public health and safety risks that frequently occur when mobile food vendors operate in a community. CHAPTER 1, SOLICITORS: Consolidation: Currently, the licensing of door -to -door solicitors and other mobile vendors is regulated under Chapter 1 of Part 9 through a complicated fee structure containing twenty -five (25) different categories. Many of these provisions are noticeably out of date and are inapplicable in current times. The confusing and cumbersome categorizations and fee structure make it difficult for staff to charge uniform and fair fees to varying types of solicitors. The proposed ordinance repeals the current fee schedule and consolidates all twenty -five (25) categories under a single section entitled "Solicitors." Canvassers, peddlers and solicitors are all classified as solicitors in the amended ordinance, and solicitor fees are determined by duration of the permit rather than the nature of the solicitor's business or trade as follows: Daily Solicitor License - $10.00 per day. Weekly Solicitor License - $25.00 per week Six Month Solicitor License - $75.00 for each six month period. Nonprofit Organizations: Nonprofit organizations are not charged license fees or required to submit applications under the proposed ordinance. Rather, nonprofit organizations will be asked to provide an informational registration form whenever their members or agents are soliciting in the community. This information simply allows City staff to confirm that a particular organization is selling or raising funds when telephone inquiries are received from residents. City staff intends to make the registration form process for nonprofit organizations as easy and accessible as possible to locate, fill in the requested information, and submit, and it is anticipated that the registration form will be available in a user friendly format on the City's website. Requirements to be Added: The proposed ordinance restructures and significantly supplements the application process for individuals desiring to solicit within the city limits of Owasso. In researching surrounding communities, staff determined that most cities require solicitors to submit applications containing sufficient information for staff and law enforcement to verify that: 1) individuals making application have no outstanding warrants, 2) qualified businesses have appropriate fax documentation, 3) appropriate physical descriptions of individuals requesting solicitation permits and their corresponding vehicle information have been provided, and 4) the individuals do not have convictions for certain types of crimes for the preceding seven (7) years. The proposed amendments prevent individuals who have been convicted of felonies or misdemeanors involving moral turpitude during the preceding seven (7) years from obtaining a solicitor's license. Grounds for License Denial or Revocation The proposed amendments to the solicitor ordinance enable the City to deny or revoke a solicitor's permit whenever the solicitor submits an application containing fraudulent or false information, engages in fraud as a solicitor, repeatedly makes false statements or misrepresentations to customers, or conducts business as a solicitor in a manner that is unlawful, breaches the peace, or is otherwise harmful to the health and safety of the public. Stating this information in a clear and concise manner within the City's Code or Ordinances not only places solicitors on notice regarding prohibited conduct and inappropriate business practices, but additionally reduces the City's liability exposure in lawsuits when permits need to be denied or revoked. Prohibited Acts: The proposed amendments move the provisions governing penalties to a new section entitled "Prohibited Acts." Hours of solicitation remain unchanged with door -to -door solicitation allowed only between the hours of 9:00 a.m. and dusk. The proposed amendments additionally prohibit individuals from soliciting at residences and dwellings where "No Trespassing" or "No Soliciting" signs are clearly posted on or near the primary entry of a residence. Violations of "No Trespassing" and "No Soliciting" notices will serve as grounds for immediate revocation of a solicitor's license. CHAPTER 2, ITINERANT VENDORS: Currently, no changes are proposed for Chapter 2, "Itinerant Vendors." Staff believes it appropriate to continue review of this chapter in coordination with the Community Development Department to ensure that current processes are in accordance with Code and accurately describe the process through which interested individuals must proceed. CHAPTER 3, MOBILE FOOD VENDORS: Over the past several months, staff has received numerous inquiries relating to the operation and licensing requirements for ice cream trucks, hot dog carts, and other mobile food vending services, and has determined that a section within the Code of Ordinances addressing this issue is necessitated. Proposed ordinances governing mobile food vendors would, among other things, define different types of mobile food vendors, establish application requirements and specify fees to be assessed for food vendor permits. Proposed amendments are largely based 2 upon the current requirements of the Tulsa County Health Department relating to mobile food vendors. The fees included in the proposed amendments have been based upon the rates currently assessed in surrounding municipalities and with consideration of time spent by staff investigating, approving and thereafter checking and regulating the varying types of mobile food vendors. The proposed amendments additionally implement a requirement that individuals and businesses seeking to obtain mobile food vending licenses provide copies of Health Department certifications, fax licensing documentation, driver's license and vehicle information and information relating to any previous felony or misdemeanor involving moral turpitude. These requirements will enable staff and the police department to ensure that all businesses are operating legally and safely. As with regulations governing solicitors, licenses will not be issued to individuals with convictions for matters of moral turpitude during the preceding seven (7) years. Fee Schedule The fee to obtain a mobile food vendor license is determined under the proposed ordinance by the location and mobility of the particular vendor. The proposed fee schedule classifies mobile food vendors in one of four categories and assesses fees accordingly: Full- Service Mobile Food Vendor - $150.00 per vehicle per year. Pre - Packaged Mobile Food Vendor - $50 per vehicle per year. Pushcart Mobile Food Vendor - $50 per pushcart per year. Stationary Mobile Food Vendor - $50 per vehicle or cart per year. Definitions for each of the four categories of mobile food vendors are set forth in Section 9 -301 of the proposed ordinance. CHAPTER 4, USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS: No changes are proposed for Chapter Four (4). CHAPTER 5, PENALTY: The proposed amendments would repeal the current Chapter Five titled Penalty and rename this chapter License for the Sale and Serving of Alcohol and 3.2 Beer. Under the current code, licensing of businesses for the sale and serving of alcohol and 3.2 beer is contained within the chapter regulating solicitors and other mobile venders. The proposed amendments will relocate all alcohol and 3.2 beer licensing provisions to a separate chapter. This will allow rules and regulations governing sale and serving of alcohol to be more easily found and identified by interested individuals, businesses, or applicants. PROPOSED ACTION: Adoption of the proposed ordinance amending Part 9, Chapters 1, 3 & 5. 3 RECOMMENDATION: Staff intends to recommend City Council approval of a proposed ordinance, amending Part 9 of the Owasso Code of Ordinances, Chapters 1, 3, and 5. ATTACHMENTS: A. Proposed Ordinance Amending Part 9, Chapters 1, 3 & 5 of the Owasso Code of Ordinances B. Current Part 9, Chapters 1, 2, 3, 4 & 5, of the Owasso Code of Ordinances Attachment A CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY, CHAPTER 3, BILLIARDS AND CHAPTER 5, PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIEI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW, SECTION ONE: Part Nine, Licensing and Occupational Licenses Generally, of the Code, Oklahoma, shall be amended as follows: CHAPTER ONE SHALL BE AMENDED IN ITS ENTI OCCUPATIONAL LICENSES GENERALLY TO BE SOLICITORS: nances OF ORDINANCES BY OWN BELOW. 1A, THAT, TO -WIT: ns, Chapter One, t m _City of Owasso, W1121611111191 "' , • , 0 SECTION 9 -101 The listed terms and phrases, as used in this section, shall be defined as follows: 1, License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description, b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose C. Canvassing or peddling as defined in this section, 3. Solicitor: Any person who solicits for himself or any other person. 4. Canvass: Opinion sampling, poll- taking, proselytizing, or other similar activity from house to house, door to door, street to street, or fr_9 lace to place. 5. Canvasser: Any person who engages in cq g any other person. d:. MR- 6. Peddle: To travel from house to place to place, carrying, conveying, or trans the purpose of offering and exposing the sari Peddler: Any person who pedd State Law Reference: Muni Sections 22 -106, 22 -107. SECTION 9-102 ISSUANCE A. The licenses, and the E under the jurisdictj by the ordinance I It is unlawful 'a r or employee, which a license City Clerk the req City Clerk. in person for himself or 1, ` ��<... door to doh ;:greet to street, or g goods, wares, erchandise for sale. hi any other person. cupational license taxes, 11 O.S. 5'ction of' r license fees, inspection of all itions and revocation of licenses, shall be ,where such duties are placed elsewhere citing sh-CIRM issued until a satisfactory application has the required license fee has been paid to the City Clerk Wrements under this section have been satisfied rm or corporation, either as principal, officer, agent, servant any of the callings, trades, professions or occupations for d in this section, including soliciting, without first paying to the e and procuring a license as required by this section from the SECTION 9 -104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Current, valid driver's license or state issued identification care of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification;; 6. A statement as to whether or not the applicant s been convicted of a felony or misdemeanor involving moral turpitude within the pa en (7) years; 7. Valid and current state sales tax permit iztion, unless the applicant can prove to the City Clerk's satisfaction that such p "; f i I mandated under the definition of the State Tax Code. «a SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section �sh�l11 carry tf,, .cense with th)1 gat all times W -W while engaging in soliciting, canvassing or pei g se terms are defined in this section. A Solicitor shall produce the license for I'M",- ;':.'fin and review upon request by a any City official, law enforcement or any oth rson to whom the license holder is attempting to solicit, canvass or p SECTION 9 -106 PROHIBITED ACTS The following acts license; 1. It s a e ui otherwise attempt to dwelling f h a s import atin pe oth plainly disp c resi This parag �. residen ither by invit 2. " shall be < and 9;00 a.m. and 111Wsult in 7W revocation of any person's D orr Solic to ring the bell, or knock on the door, or R..`. purpose of soliciting at a residence or acing "No tors," "No Trespassers," or words of similar are not wanted on the premises, is painted, affixed or lic view either on or near the primary entrance of the sha a apply to any Solicitor who gains admittance to a or co " ent of the residence's occupant. I for any Solicitor to solicit between the hours of dusk The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9 -108 LICENSE PERIOD AND FEE SCHEDULE A. The license fee which shall be charged by the City Clerk for a Solicitor license shall be determined under the following schedule; 3 Daily Solicitor License - Ten Dollars ($10.00) per day; 2. Weekly Solicitor License - Twenty Dollars ($20,00) per week; 3. Six Month Solicitor License - Seventy Five Dollars ($75.00) for each six (6) month period, B. No license fee shall be charged to a nonprofit organization. A nonprofit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and /or state income tax by virtue of its nonprofit status. A r istration form shall be completed and submitted whenever members or represent of a nonprofit will be soliciting, canvassing or peddling within the City. SECTION 9- 109TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise consideration of the fitness of an applica t transferred. SECTION 9 -110 REPLACEMENT OF LOST LICENSE Whenever an original license he duplicate license. A fee of Five duplicate license. SECTION 9 -111 is issued on shall not be the City Clerk shall issue a de and collected for each Licenses issued under the provisions of this1etion may be denied or revoked by the City Clerk for any of the following reasons: 1. license; 3. the past Fraud, misrepresentation, or false statement contained in application for Fraud, misrepresentation, or false statement made in the course of the business as a solicitor, exhibitor, or as a canvasser; Conviction any felony or misdemeanor involving moral turpitude within years; 4. Coffd the business of soliciting in an unlawful manner, or in such a manner as to constii a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. SECTION 9 -112 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government. The City Clerk's office shall give notice either in person, by telephone or mail to the licensee of the denial or revocation of their license. If Ell mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or denial, and his decision shall be final. SECTION 9 -113 PENALTY Any person who engages in soliciting, canvassing or pe . t. without a valid license or permit as required, or who violates any provision of t� + curio's guilty of an offense, and upon conviction shall be fined, including cost ry da ' :._ n which a violation continues shall be deemed a separate offense. a SECTION TWO: Part Nine, Licensing Business Regulations, aper Three, Billiards, of the Code of Ordinances of the C Owassoilahoma, shall amended as follows:a CHAPTER THREE, CURRENTLY TITLED REPLACED WITH A NEW SECTION RE PART NINE, CHAPTER THREE, MOBILE iAWE IN ITS ENTIRETY AND LE VENDORS TO BE CODIFIED AS Section 9 -301 Zdjju iti I Section 9 -302 0 Section 9 and Appro m Property Owner and Board of nt Requi red Secti -304 ic Reauired Sectio 6 Lic e Recd Section 9- Lice Period and Fee Schedule Section 9 -3 Tra r of License Prohibited Section 9 -309 £ cement of Lost License Section 9 -310 unds for Denial or Revocation of License 94 Section 9 -311 ocess of Revocation or Denial of License and Appeal Section 9 -312 Penalty SECTION 9 -301 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows; 1. License; The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 5 2. Full- service mobile food vendor: A vehicle or trailer designed and equipped to prepare and serve open food products. 3. Pre - packaged mobile food vendor: A vehicle or trailer limited to the sale of commercially manufactured pre - packaged products or products that are prepared and packaged at a licensed food service establishment. 4. Pushcart mobile food vendor: A non - self - propelled vehicle, the operation of which is limited to serving non - potentially hazardous foods. 4. Stationary food vendor: A food vendor servingM'- 5,a temporary structure that is stationary in one location. SECTION 9 -302 ISSUANCE A. The issuance of all licenses, collection of a(hise fees, ins- on of all licenses, and the enforcement of license conditions an rcation of licenses ' . II be under the C jurisdiction of the City Clerk, except where5aa''.i duties are placed e e here by the ordinance prescribing the particular license, =:a, �. ". B. No license for mobile food vending shall `until a satisfactory application has been submitted and approve. 0 required Ii ' fee has been paid to the City Clerk and all other conditions and r ,4 , dots under i�ection have been satisfied SECTION 9 -303 NT A. It is unlawful 111.11, ny perso irm or oration, either as principal, officer, agent, servant or emplo to engags° any of tf7 allings, trades, professions or occupations for which a license quire s ction, Iuding full- service mobile food vending, pre - packaged mobil 03 e s t food vending and stationary food vending, i t pa > s <: o the City e required fee and procuring a license as requir s fro City Clerk. x. B. all be unlawfu v <- , any ile food vendor to locate their vehicle or equipment upon, herwise sell pro , £ is from, any property without obtaining permission from the er of that perty. It shall be necessary for a mobile food vendor applicant t mit with it application a copy of a contract, lease, agreement or letter authorizi e v s use of the property from the owner of any property where a mobile food v nds to locate their vehicle or equipment or otherwise sell their product. C. No mobile food vendor shall park their vehicle or equipment on any City street while selling, or offering to sell, any product. D. In addition to the license required under this section, all stationary food vendors shall additionally obtain a permit from the Board of Adjustment for the City of Owasso and shall at all times remain in compliance with all policies, procedures, rules and requirements of the Board of Adjustment. SECTION 9 -304 APPLICATION REQUIRED 0 Applicants for any mobile food vending license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information, 2. Detailed personal information and physical description of vendor(s); 3. Valid and current driver's license or state issue identification card of vendor; 4. Vehicle information relating o vehicles 01.tt.,. the vending, to include g i. Will g, d r.. make, model, year, tag number and a copy ofvQ4 ,R'e's current insurance verification 5. Valid and current state sales to it information, the applicant can prove to the City Clerk's satisfaction t ch permit is not man d under the definition of the State Tax Code, ��: 6. information. Valid and current 7. Copy of the contract; authorizing mobile food vendor to 11 product on the owner's All mobile food veR on the mobile food City offick, c u s t o ioro The City O I sect ion sh time period c department licensing r from owner of property -rent or otherwise sell its !ice undo is section shall plainly display the license 'a ant where it may be readily seen by any er or r regulatory official, and by any person or or's vehicle or mobile food vending equipment. record of all mobile food vending licenses issued under this he issuance, the person to whom the license was issued, the cense and the nature of the license. The initial fee and annual renewal fee charged by the City Clerk for a mobile food vending license shall be determined under the following fee schedule: 1, Full- service Mobile Food Vendors: One Hundred Fifty Dollars ($150.00) per vehicle, per year; year; 2. Pre - packaged Mobile Food Vendors: Fifty Dollars ($50.00) per vehicle, per 7 3. Pushcart Mobile Food Vendors; Fifty Dollars ($50.00) per pushcart, per year; 4. Stationary Food Vendors; Fifty Dollars ($50.00) per vehicle or cart, per year. SECTION 9- 308TRANSFER OF LICENSE PROHIBITED No mobile food vending license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. 1. SECTION 9 -309 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destr t ' ":.• ity Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shat( I`made`, collected for each duplicate license. SECTION 9 -310 ENIAL OR RE Applications and licenses for mobile food vel may be denied or revoked by the City Clerk for 1, Fraud, license; 2. Fraud, carrying on the busin A u ` he provisions of this section following reasons; stateTiqbL contained in application for made in the course of the mess of ` He food vending in an unlawful manner, o breac the peace, or to constitute a menace, y welfare of the public. on or failure to renew necessary state and county any fWony or misdemeanor involving moral turpitude within All licenses issued b e City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The City Clerk's office shall either give written notice by personal service or by mail to the licensee of the denial or revocation of the license. The notice, if mailed, shall be mailed to the address listed on the application or license. The license shall stand revoked or denied from the date the notice is delivered by personal service or received by the licensee by mail. A licensee may appeal a denial or revocation to the City Manager within ten (10) days of receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be conducted by the 0 City Manager. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or suspension, and his decision shall be final. SECTION 9 -312 PENALTY Any person who engages in mobile food vending without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense and upon conviction shall be fined, including costs. Each day upon which a violation continues to occur shall be deemed a separate offense. . SECTION THREE: Part Nine, Licensing and Business Regulat' the Code of Ordinances of the City of Owasso, Oklahom CHAPTER 5 CURRENTLY TITLED AS PENALTY SHALL BE R D IN REPLACED WITH A SECTION TO BE CODIFIED AS PA E, CHA'. SALE AND SERVING OF ALCOHOL AND 3.2 BEER IVIBERED F 114.) CHAPTER 5,�,`. Al � hapter Five, Penalty, of e amended as follows: I�. IRETY AND 'TER F LICENSE FOR THE ROM C T SECTION 9- Section 9 -501 License Requl Section 9 -502 License Applic • n Section 9 -503 License Issuance 4 Section 9 -504 Lic e Sche ` Section 9 -505 r Revo of Licens Section 9 -506 ansfer o ense P iced Section 9 -507 Acknowle ement o mpliance Checks Section 9 -508 le, B ft Section 9 -509 Section 9 ": Pe s It is unl° I for any pers irm orW'orporation, either as principal, officer, agent, servant or emplo to engage he selling or serving of alcohol and /or 3.2 beer without first paying to th ' the fee ax required and procuring from the city a license. SECTION 9 -502 A. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and /or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer within the City of Owasso if- doing so at time this Wdincince is adopted, shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. B. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk, The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful ands all serve as grounds for denial, suspension, or revocation of a vendor's license issued City of Owasso. (Prior Code, Sec. 9- 114(C)) SECTION 9 -503 LICENSE ISSUANCE A license under this section shall be issued completed each of the following requirements; 1. Obtained a county permit frorI5,4 SEeDistrii applicable requirements under State law. 2. Satisfactorily submitt'the appl City Clerk. 3. Paid the required license as All licenses shall be The fee for any lice of less than one license fees must b vendor failing to p expires, oriMthin (3 3.2 be new or of t ' apter. (Pri( (1) ca sued a the eff alendar, y , shall b de w' (30) } j the date i�4e, all be subjec - 11 4(D)) dor when Ike applicant has Clerk and scafesfied other uired under this section to the 9 -504 of this section, year frb?T'January 1St to December 31St. ve date of this ordinance, and for a period orated accordingly. Payment of annual from the date the license expires. Any t (30) days from the date the license vendor begins selling or serving alcohol or :t to the penalties set forth in Section 9- 410(2) The following fees s be assessed to vendors wishing to engage in the serving or selling of alcoho3,2 . 1.ALCOHOL ORFW NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of Ten Dollars ($10,00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and /or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1 st through December 31 st, The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2.ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of Twenty Dollars ($20.00) shall be paid by a vendor to 10 the City of Owasso if the vendor intends to sell or serve alcohol and /or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January l st through December 31 st. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. (Prior Code, Section 9- 114(6)) SECTION 9- 505SUSPENSION OR REVOCATION OF LICENSE The license granted by the City of Owasso shall at all times be did layed in public view in the vendor's place of business. This license may be suspended`; revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after beiWd charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contender plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section, shall expressly acknowledge the vendor's awareness tha j<' ense granted pursuant �o this section may be suspended or revoked by the Ci Owass n owner, officer, director, manager, employee or agent of the w2do ith victed of selling or serving alcohol or beer to a minor on the vendor's renters into a plea bargain agreement after being charged b nse, all not be a defense under this section for a vendor to assert or an e ee or agent of the vendor unlawfully sold or served alcohol o inor ary to the vendor's rules, policies, procedures or training. Asserti nse not prevent the vendor's license from the penalti r in Se o Lion, (Prior Code, Section 9- 114(A)2) SECTION 9 -506 Each license shall b only and shall not be transferable to another ch li shall be only for the premises described in the applic f a ss h g a license under this section is sold, a new license must be ed by the ow separate license for each location of businesses with co m ownership, i in hain stores and businesses owned and operated pursuan franchise ag ents, ust be obtained by a vendor operating more than one (1) ss engage the business of selling or serving alcohol and /or 3.2 beer within the C Owasso. or Code, Section 9- 114(G)) A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in Section 9 -510 of this section. (Prior code, Section 9- 114(A)3) 11 SECTION 9 -508 SALE, BARTER, OR GIFT It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty -one (21) any beverage or other product containing alcohol or 3.2 beer. Conviction or acceptance of a plea bargain by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided in Section 9 -510 of this section. (Prior Code, Section 9- 114(E)) SECTION 9 -509 MISREPRESENTATION OF AGE It shall be unlawful for any person to misrepresent their age 5Z , ry vendor for the purpose of obtaining or facilitating the sale or serving of alcohol orE er. SECTION 9 -510 PENALTIES SUSPENSION OF LICENSE a. A license granted r this on may bc't�evoked or suspended by the City Manager, without a g, equent to conviction of the vendor, its employees or agents, for the sale of r 3.2 beer to a minor, or by the acceptance of a plea bargain for\ r n offense, dition to the fines and penalties which may be imposed upon the` or aged : ving or selling alcohol or 3.2 beer to a minor, the following sanctio ha osed e vendor; i. 1, ction of v r ot;a,:.,ployees within a twenty -four (24) month period wi issuan ett an offic ritten warning to the vendor that additional con., ns will rslt in the pension of the vendor's license. I_nd Co f the dor or its employees or agents within a twenty -four (24) mont'A9 r'> 1'r- _. S ., nsion of the vendor's license to sell or serve alc - - r 3.28.: or three { secutive days. 4 Y Con s Mon of the vendor or its employees or agents within a twerp ur (24) mont riod ".. sult in suspension of the vendor's license to sell or serve a of and /or 3.2 r for s en (7) consecutive days. iv. 4th ; nviction of the vendor or its employees or agents within a twenty -four (2 4 ont od will result in suspension of the vendor's license to sell or serve alcohol an • eer for an additional thirty (30) day period. v. Each additional conviction of a vendor or its employees or agents within a twenty -four month period will result in an additional suspension of the vendor's license to sell or serve alcohol and /or 3.2 beer for an additional (30) day period. b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next a regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the 12 suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and /or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and /or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (3) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell serve alcohol and /or 3.2 beer without obtaining an initial or renewed licenseunder this section shall n: receive an initial written warning and thereafter shall have th ) business days to file an application with the City Clerk to obtain a license in lance with this section. Subsequent to the issuance of a warning under this sec t's. vendor who continues to sell or serve alcohol and /or 3.2 beer after the three (3) F p :' without obtaining the required license shall be subject to a fine of One ed DoIC {$100.00) per day for each day alcohol and /or 3.2 beer are served o, by the vendor without a license. The City shall also be entitled to pursue inju relief and all other available legal remedies in the District Courts against the ve In addition, the City shall notify all State agencies vested with licensing, regulatory o iew po �> including but trot limited to z the ABLE Commission and the Oklahoma Ta m of the vendo s failure to .a' obtain a permit as required by the City of Owasso`„" "f Ordinances. 3. VENDOR SERVING C SUSPENSION. Any vendor who fails by the City Manager or the City Cc beer during such suspe z < v Two Hundred ($200.0 d 1 by the vendor whil ense is pursue any legal injunctive Section Two (2) ab SECTION 10l All o nce: t o t h ent c SECTION If any part or the remaining LCO ' OR 3.2 BEER WHILE UNDER Neb. con s of a suspension imposed to s or sell alcohol and /or 3.2 all be subject to a fine of 2 beer are sold or served . In addition, the City shall be entitled to notify the relevant agencies set forth in in conflict with this ordinance are hereby repealed Pdinance are deemed unconstitutional, invalid or ineffective, not be affected but shall remain in full force and effect. SECTION SIX (6): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SEVEN (7): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 9, Chapters 1, 3 and 5. 13 PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2011. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this Julie Lombardi, City Attorney Doug Bonebrake, Mayor 14 Section 9 -101 Section 9 -102 Section 9 -103 Section 9 -104 Section 9 -105 Section 9 -106 Licensing and Business Regul LICENSING AND BUSINESS REGULATIONS CHAPTER 1 OCCUPATIONAL LICENSES GENERALLY License Defined Issuance License Required Issuance License Record License Period Section 9 -107 Payment of fees; Proration Section 9 -108 Transfer Section 9 -109 Lost License Section 9 -110 License Display Section 9 -111 Revocation or Suspension of License, Appeal Section 9 -112 Agriculture Exemptions Section 9 -113 License Fee Schedule Section 9 -114 License for the Sale and Serving of Alcohol and 3.2 Beer Section 9 -201 Section 9 -202 Section 9 -203 Section 9 -204 Section 9 -205 Section 9 -206 Section 9 -301 Section 9 -302 Section 9 -303 Section 9 -304 Section 9 -305 Section 9 -306 Section 9 -307 Section 9 -308 Section 9 -309 CM r1 711"I- A ITINERANT VENDORS Definitions License Required Application Exemption License Fee Transfer CHAPTER 3 BILLIARDS Definitions License Required Billiard Tax License Application, Issuance License Conditions Operating Requirements Other Businesses Posting of Ordinances Hours of Operation Page 9 -1 Attachment B Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS Section 9 -401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts Recyclers CHAPTER 5 PENALTY Section 9 -501 Regulation and Penalty Section 9 -502 Penalty Page 9 -2 Section 9 -101 Section 9 -102 Section 9 -103 Section 9 -104 Section 9 -105 Section 9 -106 Section 9 -107 Section 9 -108 Section 9 -109 Licensing and Business Regulations CHAPTER 1 OCCUPATIONAL LICENSES GENERALLY License Defined Issuance License Required Issuance License Record License Period Payment of Fees; Proration Transfer Lost License Section 9 -110 License Display Section 9 -111 Revocation or Suspension of License, Appeal Section 9 -112 Agriculture Exemptions Section 9 -113 License Fee Schedule Section 9 -114 License for the Sale and Serving of Alcohol and 3.2 Beer SECTION 9 -101 LICENSE DEFINED A license is the written authority of the city, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation or business for a definite period of time within the limits of the city, under the conditions prescribed by ordinance. (Prior Code, Sec. 5 -1) State Law Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22- 106, 22 -107. SECTION 9 -102 ISSUANCE The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the city clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. (Prior Code, Sec. 5 -2) SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required, without first paying to the city the fee or tax required, and procuring from the city a license. (Prior Code, Sec. 5 -3) SECTION 9 -104 ISSUANCE All licenses shall be issued by the city clerk. No license shall be issued until all conditions prescribed by the ordinance have been complied with, and a certificate of examination or inspection filed with the city clerk, in those cases where examination or inspection is required by ordinance. Any applicant for a license shall make application upon such forms as may be prescribed by ordinance or may be prescribed by the city clerk. (Prior Code, Sec. 5 -4) Page 9 -3 SECTION 9 -105 Licensing and Business Regulations LICENSE RECORD The city clerk shall procure a blank book, with proper index, in which he shall keep a record of all licenses issued by him under the ordinances of this city, showing the date of the issuing of the same, to whom issued, the time for which the same are issued, the amount paid to him for same, his receipt number, and the nature of the license. (Prior Code, Sec. 5 -5) SECTION 9 -106 LICENSE PERIOD All licenses shall be issued for the current fiscal year and shall expire on June 30th of the year for which they are issued, unless a different date of expiration is provided by the ordinance providing for the particular license. However, licenses authorized to be issued per month or per day shall expire at the end of the time paid for. (Prior Code, Sec. 5 -6) SECTION 9 -107 PAYMENT OF FEES; PRORATION All license fees shall be paid in advance for the license period for which issued. All license fees for annual licenses shall be paid as follows: 1. For the first issuance of an annual license, if issued between July 1 st and December 31 st, the full annual fee; 2. If issued between January 1st and June 30th, one -half (' /z) of the annual fee; and 3. For a renewal of an existing license for the same occupation to the same licensee or for an annual license issued to a licensee to whom an annual license for the same occupation was issued in the previous fiscal year, then the full annual fee shall be collected regardless of the issuance date. There shall be no semi - annual or quarterly pro -rated payment of any annual license unless the particular license ordinance so provides. License fees for monthly or daily licenses shall be paid in advance for the requested period. There shall be no refund of any license fee. The city council may waive any part or all of a required license tax where the applicant is a charitable, eleemosynary, religious, fraternal or educational organization or group, and all of the proceeds of such occupation or device go to such organization or group. (Prior Code, Sec. 5 -7) SECTION 9 -108 TRANSFER No license shall be sold or otherwise transferred. Each and every license is for a particular business or person and is issued on consideration of the peculiar fitness to pursue the occupation, as determined by previous examination or inspection, and the same shall not be transferred. (Prior Code, Sec. 5 -8) SECTION 9 -109 LOST LICENSE Whenever any original license shall have been lost or destroyed, it is the duty of the city clerk, on application in writing of the owner thereof, to issue a duplicate of the same, provided that the same has not been lost or destroyed by any act of connivance on the part of the licensee and that he has made diligent search for the same and that he has not been able to find it. A service charge of One Dollar ($1.00) shall be made and collected for each duplicate. (Prior Code, Sec. 5 -9) SECTION 9 -110 LICENSE DISPLAY It is the duty of any person, having obtained a license for any authorized purpose, to have the same placed or posted in a secure manner in some public place on the premises occupied and used for such Page 9 -4 Licensing and Business Regulations business and where the license may be readily seen at any time by any person entering the place of business. Any licensee who does not occupy any certain premises for the conduct of such licensed business, shall carry his license on his person and shall display the same whenever requested. (Prior Code, Sec. 5 -10) SECTION 9 -111 REVOCATION OR SUSPENSION OF LICENSE, APPEAL All licenses issued by the city shall be subject to revocation by the duly authorized officer of the city council upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The duly authorized officer shall mean the city clerk in all instances except when some other person or board is given the authority by ordinance to revoke or suspend the particular license. The duly authorized officer shall either give written notice by personal service or by mail to the licensee, of the revocation of his license, or the suspension of the same, which notice, if mailed, shall be mailed to the address given on the application or license. The license shall stand revoked or suspended from the time of the giving of such notice. Any licensee, however, may appeal to the city council from such decision within ten (10) days after the aforesaid notice by filing a written request with the city clerk for a hearing. The hearing shall be held by the city council at the next regular meeting following the filing of the appeal, but may be continued from day to day. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or suspended except upon a preponderance of the evidence. The council may affirm, modify or vacate the order of revocation or suspension, and its decision shall be final. (Prior Code, Sec. 5 -11) SECTION 9 -112 AGRICULTURE EXEMPTIONS The provisions of this part shall not be construed as to prevent any farmer or gardener or person engaged in a similar occupation, from selling products which he, himself, produces, without obtaining a license therefore. (Prior Code, Sec. 5 -12) SECTION 9 -113 LICENSE FEE SCHEDULE A. There is hereby assessed and levied a tax or license fee upon each person engaging in any vocation, occupation or trade, named in this section, for the purpose of meeting the expense of supervising, regulating and policing the trades or business, and every person who engages in any of the following occupations, trades or businesses, shall first procure a license therefore. Any person who shall engage in more than one business, trade or occupation on which any license fee is required by the city ordinances, shall pay the license fee required for each of such businesses, trades or occupations, the same as if each were maintained, operated or exercised independently and exclusively of all others. The license fee shall be an annual fee, except where specified for a shorter period: B. The following fee schedule is applicable for each of the businesses or occupations listed: 1. Advertising agent, defined to be any person who contracts with another to deliver or distribute, handbills, circulars, posters, samples, or any other thing for commercial, for profit, advertising purposes - Ten Dollars ($10.00) per occurrence or Fifty Dollars ($50.00) per year. Ord. No. 663, 11/21/00; 2. Amusement machines. Repealed Ord. No. 388, 5/17/88; 3. Amusement park or pleasure resort, as defined herein, per annum - Seventy -five Dollars ($75.00); Page 9 -5 Licensing and Business Regulations 4. Repealed by Ordinance No. 463 on June 15, 1993. 5. Agents or canvassers, house -to- house, of any kind whatsoever where not otherwise provided, per day - Ten Dollars ($10.00); per year - Fifty Dollars ($50.00); 6. Car lot shipment, where the goods are sold or delivered direct from the car, per car - One Hundred Dollars ($100.00); 7. Carnivals: a. Any carnival requiring not over twenty -five (25) cars or other transport vehicle shall pay a fee for the first day of Two Hundred and Fifty Dollars ($250.00); b. Twenty -six (26) cars and not over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Dollars ($300.00); C. Over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Fifty Dollars ($350.00); or d. All carnivals shall pay Fifty Dollars ($50.00) additional for each day thereafter; 8. Carousel, merry -go- round, ferris wheel or swing, or any carnival attraction, not in connection with any amusement park, carnival, or circus, per day - Twenty -five Dollars ($25.00); 9. Entertainments or concerts, other than religious, charitable and those otherwise exempted under state law, and not otherwise specified, per day - Twenty -five Dollars ($25.00); 10. Exhibitions or any type of contest or game not otherwise provided for, and where admission is charged, per day - Twenty -five Dollars ($25.00); 11. Ice cream vendor, as defined herein, for the first vehicle, so used - Twenty -five Dollars ($25.00); and for each additional vehicle - Ten Dollars ($10.00); Every licensee hereunder shall, at all times, keep each motor car, vehicle and container used in his or its business, in a clean and sanitary condition, and all containers for the products and commodities offered for sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination of the products or commodities, by dirt, flies or insects. The person duly authorized by the city council, shall inspect once a week, each motor car, vehicle or container used by any licensee, and he shall revoke or suspend the license for any violation of the conditions; 12. Lunch - vending business, per vehicle - Twenty -five Dollars ($25.00); for each additional vehicle - Ten Dollars ($10.00); If ice cream and lunches are both sold from the same vehicle, then only one license shall be required; 13. Repealed by Ord. No. 463 on June 15, 1993; 14. Mechanical musical instruments, as defined herein, every operator of such machine shall pay an annual license fee, per each machine - Twenty -five Dollars ($25.00); It is unlawful for any person to have in his possession such machine, unless the same has attached to it a license card, showing the payment of the current year's license fee; Page 9 -6 Licensing and Business Regulations 15. Medicine shows, or other shows or public exhibitions where merchandise is sold and advertised, or either, each per day - Fifty Dollars ($50.00); This section shall not apply to medicine shows or public exhibitions selling or advertising merchandise manufactured by a recognized, legitimate concern, and where the shows or public exhibitions for the sale or advertising of such merchandise, is sponsored by and the merchandise is carried in stock by an established mercantile establishment in the city and where the mercantile houses participate in the profits of the sales or merchandise made at the show or public exhibition; 16. Merchant distributors, as defined herein: a. Where five (5) or less agents, solicitors or canvassers are employed, per annum - Seventy -five Dollars ($75.00); b. Where not less than six (6) nor more than ten (10) agents, solicitors or canvassers are employed, per annum - One Hundred Dollars ($100.00); or C. Where not less than eleven (11) agents, solicitors or canvassers are employed, per annum - Two Hundred Dollars ($200.00); The license shall set forth the number of agents, canvassers or solicitors, exclusively employed by such merchant distributor, and the number of each of the licenses issued, as is hereinafter provided, for the use of the agents, solicitors and canvassers of the merchant distributor. The city clerk shall issue to such merchant distributor, without additional charge, a license for each agent, solicitor or canvasser, exclusively employed by such merchant distributor, such license to be made to bearer, agent, canvasser, or solicitor for the merchant distributor, under whose license they are issued, and shall entitle each holder thereof who is in the exclusive employment of the merchant distributor named therein to travel from house to house for the purpose of selling, distributing, or taking orders for the sale of goods, wares and merchandise of every kind and character that is sold or distributed by the merchant distributor. No agent, solicitor or canvasser shall be permitted to operate under the licenses issued to such agent, solicitor or canvasser who is not in the exclusive employment of the merchant distributor named therein; 17. Peddlers, as defined herein, or any person peddling any goods, wares or merchandise, whether on foot or in vehicle, not otherwise provided for herein each per day - Ten Dollars ($10.00); each per year - One Hundred Dollars ($100.00). The payment of license fees shall be waived to any person selling, demonstrating, or exhibiting any of the goods, wares or merchandise which is the product of his own labor and skill, and license shall be issued to such person free of charge upon the proper showing of proof as to the production of such article. Payment of license fees shall be waived to persons selling, demonstrating, or exhibiting any of the goods, wares, or merchandise mentioned herein who are over sixty (60) years of age, and who have been residents of the city for a period of at least one year preceding the making of application for a license, and license shall be issued to such persons free of charge upon satisfactory proof by affidavit as to age and the length of residence. No license shall be issued to minors under the age of fifteen (15) years; 18. Pictures: a. Each person, whether on foot or in vehicle, traveling from house to house, taking pictures for the purpose of sale, taking orders or giving coupons for pictures or photographic views, each per month - Twenty -five Dollars ($25.00); or b. Each person who, upon the streets and sidewalks of the city, operates any type of camera, taking pictures for the purpose of sale, shall pay an annual license fee in advance of Seventy -five Dollars ($75.00); Page 9 -7 Licensing and Business Regulations 19. Street exhibition, not otherwise provided for, per day - Fifty Dollars ($50.00); 20. Astrologers, clairvoyants, mediums, phrenologists, spiritualists (who practice for profit) - Five Hundred Dollars ($500.00); 21-56 Repealed by Ord. No. 463 on June 15, 1993; C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection: 1. "Amusement machine" means any type of amusement machine, device or instrument which is operated by the insertion of any coin, token, slug or other instrumentality for the purpose of playing the same, and which shows pictures, provides any game of skill, or furnishes any type of entertainment or amusement; 2. "Amusement park" or "pleasure resort" means any place where concessions are operated, sold, or rented for hire, or where any admission charge is made for any amusement or recreation therein; 3. "Carnival" means any public exhibition featuring music, pavilions, merry -go- rounds, ferris wheels, drink stands, scenic railroads, roller coasters, shooting gallery, midway, or any other similar amusement for which an admission is charged; 4. "Ice cream vendor" means the business of vending at retail ice cream or any frozen commodities by the use of any kind of a vehicle; 5. "Mechanical musical instrument" means a musical instrument of any kind or character which is operated by the insertion of any coin, token, slug, or other instrumentality, for the purpose of playing same; 6. "Merchant distributor" means any person, firm or corporation engaged in the business of selling, taking orders for or distributing any goods, wares, merchandise, household goods or utilities of any character, whatsoever, from any store room, sales room or warehouse, located within the city, using canvassers, or agents traveling from house to house, for the purpose of selling, distributing or taking orders for the sale of their products; and 7. 'Peddler" means any person who sells any goods, wares or merchandise by peddling, walking or traveling from place to place, using the streets, sidewalks, alleys, parkings, entrances to buildings, vacant lots, or entrances to lots, or any of them, to exhibit, demonstrate or sell his merchandise. (Prior Code, Sec. 5 -13; Ord. No. 360, 12/2/86) SECTION 9 -114 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. License Required. 1. LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 beer within the City of Owasso if doing so at the time this ordinance is adopted, shall make Page 9 -8 Licensing and Business Regulations application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 2. SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set forth in paragraph (H) of this section. 3. ACKNOWLEDGEMENT OF COMPLIANCE CHECKS. A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense of selling or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee or agent after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in paragraph (H). B. LICENSE FEE. 1. ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of ten dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 151 through December 31". The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2. ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January I't through December 31". The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. C. LICENSE APPLICATION. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a Page 9 -9 Licensing and Business Regulations corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendor's license issued by the City of Owasso. D. LICENSE ISSUANCE. A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1. Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2. Satisfactorily submitted the application required under this section to the City Clerk. 3. Paid the required license fee as set forth above in paragraph (B) to the City of Owasso. All licenses shall be issued for one (1) calendar year from January I" to December 31s`. The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within thirty (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in paragraph (H)(2) of this section. E. SALE, BARTER OR GIFT. It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty -one (21) any beverage containing alcohol or 3.2 beer. Conviction, or acceptance of a plea bargain, by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided below in paragraph (H). F. MISREPRESENTATION OF AGE. It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. G. TRANSFERS. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. H. PENALTIES. SUSPENSION OF LICENSE. a. A license granted under this section may be revoked or suspended by the City Manager, without a hearing subsequent to conviction of the vendor, its employees or agents, for the sale Page 9 -10 Licensing and Business Regulations of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed upon the vendor: (i) 1st Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in suspension of the vendor's license. (ii) 2nd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for three (3) consecutive days. (iii) 3rd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for seven (7) consecutive days. (iv) 4th Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for up to thirty (30) consecutive days. (v) Each additional conviction of a vendor or its employees or agents within a twenty - four (24) month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City Manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and/or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (30) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell or serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. 3. VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred Dollars ($200.00) per day for Page 9 -11 Licensing and Business Regulations each day alcohol and/or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in section (H)(2) above. (Ord. No. 927, 7/15/08) Page 9 -12 Section 9 -201 Section 9 -202 Section 9 -203 Section 9 -204 Section 9 -205 Section 9 -206 Licensing and Business Regulations CHAPTER 2 ITINERANT VENDORS Definitions License Required Application Exemption License Fee Transfer SECTION 9 -201 DEFINITIONS For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Itinerant vendor" means and includes all persons, firms or corporations, as well as their agents and employees who engage in the temporary or transient business in the city of selling or offering for sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the city in, through, or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof; 2. "Temporary" as used in Paragraph 1 hereof means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one hundred (100) days, in or upon which such business is to be operated or conducted; and 3. "Transient" as used in Paragraph 1 as used hereof means any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the city or who have fixed places of business in places other than the city or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of removing them, or the unsold portion thereof, away from the city before the expiration of one hundred (100) days. The term "itinerant vendor" shall not include or be construed to include anyone engaged in interstate commerce nor anyone upon which the provisions of this chapter would impose a direct and unlawful burden on interstate commerce. (Prior Code, Sec. 5 -24) SECTION 9 -202 LICENSE REQUIRED It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the city without first obtaining a license as herein provided for. The city clerk shall issue to any itinerant vendor a license authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the city his goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this chapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the city for the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this chapter. (Prior Code, Sec. 5 -25) Page 9 -13 Licensing and Business Regulations SECTION 9 -203 APPLICATION The itinerant vendor shall make application to the city clerk of the city at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the city which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be accompanied by: 1. A statement showing the kind and character of goods to be sold, or merchandise to be sold, offered for sale or exhibited; 2. A certified copy of the charter if the itinerant vendor be a corporation, incorporated under the laws of this state; 3. A certified copy of its permit or authority to do business in the state if the itinerant vendor be a corporation, incorporated under the laws of some state other than Oklahoma; and 4. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant vendor as principal, with some surety company authorized to do business in the state as surety, which bond shall be payable to the city for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the city. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and two (2) years thereafter. (Prior Code, Sec. 5 -26) SECTION 9 -204 EXEMPTION This chapter is not and shall not be held to be applicable to the: 1. Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in business of buying and selling and dealing in goods or merchandise; 2. Vendors of farm produce, poultry, stock, or agricultural products in their natural state; and 3. Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose. (Prior Code, Sec. 5 -27) SECTION 9 -205 LICENSE FEE The license fee for itinerant vendor shall be Fifty Dollars ($50.00) and shall be for a period of not to exceed six (6) business days, or any fraction thereof. Upon the completion of the six (6) business days, the license fee thereafter shall be at the rate of One Dollar ($1.00) per day, or any fraction thereof. Cross Reference: See peddler's license fees, Section 9 -113 of this code. Page 9 -14 Licensing and Business Regulations SECTION 9 -206 TRANSFER The license permit provided for herein shall not be transferable nor give authority to more than one person to conduct a business as an itinerant vendor, but any persons having obtained such license may have the assistance of one or more persons in conducting the business. (Prior Code, Sec. 5 -29) Page 9 -15 Licensing and Business Regulations Page 9 -16 Section 9 -301 Section 9 -302 Section 9 -303 Section 9 -304 Section 9 -305 Section 9 -306 Section 9 -307 Section 9 -308 Section 9 -309 Licensing and Business Regulations ,�1Ck \�IY�:ZGj BILLIARDS Definitions License Required Billiard Tax License Application, Issuance License Conditions Operating Requirements Other Businesses Posting of Ordinances Hours of Operation SECTION 9 -301 DEFINITIONS Within the meanings of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. 'Billiard room" means a room or place where one or more billiard tables are kept or operated for gain, and such room shall be construed to include all other rooms or places not separated therefrom by an unpierced dividing wall; 2. 'Pool hall" means a room or place where one or more pool tables are kept or operated for gain, and all such rooms and places shall be construed to include all other rooms or places not separated therefrom by an unpierced dividing wall; and 3. 'Pool tables" or "billiard tables" include croquet, bagatelle, snooker, or pigeon hole tables, and any billiard or pool tables upon which croquet, so called, or any other game is played with cues, balls, wickets, pockets, or other devices whatsoever. (Prior Code, Sec. 5 -14) SECTION 9 -302 LICENSE REQUIRED It is unlawful and an offense for any person, firm or corporation to conduct or operate any pool hall, or billiard room, as herein defined, within the corporate limits of the city without having first procured a license from the city clerk to do so, and unless the license provided for shall be in force and unrevoked. (Prior Code, Sec. 5 -15) SECTION 9 -303 BILLIARD TAX There is hereby levied upon each person, firm or corporation operating a pool hall or billiard room, as herein defined, a license fee of Twenty Dollars ($20.00) per year for each pool hall, as herein defined, which fee shall be payable to the city clerk at the time such license is issued. (Prior Code, Sec. 5 -16) SECTION 9 -304 LICENSE APPLICATION, ISSUANCE Every person, firm or corporation desiring to engage in the business of operating or conducting a pool hall, or billiard room, as herein defined, shall make application for a license therefore, to the city clerk on forms to be provided, setting forth the location of the business, together with the address, or addresses, of such person, firm or corporation, and in the case of a corporation, the names and addresses of the president and manager. Upon the payment of the annual license fee to the city as required by this Page 9 -17 Licensing and Business Regulations chapter, such license shall be issued forthwith. However, if a license for the conduct of a pool hall or billiard room shall have been revoked, no new or renewal license shall be issued, except upon the approval of the city council. All licenses shall expire on June 30th of each year and shall be nontransferable. Whenever the place of business, for which the license is issued, is sold or moved to a new location, the holder of the license shall immediately notify the city clerk, giving the name of the new owner, or the new place of business, as the case may be. (Prior Code, Sec. 5 -17) SECTION 9 -305 LICENSE CONDITIONS All licenses issued by the city by virtue of this chapter shall be issued upon the condition that the holder thereof shall, in the conduct of the pool hall or billiard room, obey all of the provisions of this chapter and shall not violate any provision of this chapter. (Prior Code, Sec. 5 -18) SECTION 9 -306 OPERATING REQUIREMENTS Any and all persons, firms, or corporations operating or conducting, within the corporate limits of the city a billiard room or pool hall, as herein defined, after having applied for and been issued a license to do so, shall so conduct and operate the same so that: No law of the United States of America, or the State of Oklahoma, shall be violated; 2. No provision of the charter of the city or of the ordinances of the city shall be violated; 3. The operation or continuance of operating the same shall not be, become, or constitute a nuisance, public or private; 4. The peace and quietude of the neighborhood surrounding the room or place where such billiard room or pool hall, or either of them, is conducted, shall not be disturbed; 5. The health, morals, and safety of the inhabitants of the city shall be preserved; and 6. Neither the peace and quiet of the city nor any family, neighborhood, or person, shall be disturbed by rude or indecent behavior, offensive or disorderly conduct, obscene or profane or indecent or abusive language, noisy or boisterous talk, or by any other means. (Prior Code, Sec. 5 -19) SECTION 9 -307 OTHER BUSINESSES It is unlawful for any person, firm or corporation, either as owner, proprietor, manager, or employee to conduct, carry on, or to maintain within such pool hall or billiard room, as herein defined, any other business, calling or profession. It is unlawful for any such person, firm, or corporation to permit any other person, firm or corporation to conduct, carry on, or maintain within such pool hall or billiard room, as herein defined, within the corporate limits of the city any other business, calling, or profession. This section shall not be construed to prohibit the sale of cigars, cigarettes and tobacco in any such pool hall or billiard room, within the corporate limits of the city. (Prior Code, Sec. 5 -21) SECTION 9 -308 POSTING OF ORDINANCES It is the duty of all persons, firms, or corporations operating or conducting any pool hall or billiard room, as herein defined, within the city, to post, in a conspicuous place in such pool hall or billiard room, a copy of this chapter. (Prior Code, Sec. 5 -22) Page 9 -18 Licensing and Business Regulations SECTION 9 -309 HOURS OF OPERATION No billiard room or pool hall shall remain open later than 12:01 A.M., any weekday when the public schools are in session excepting Friday nights wherein same may remain open until 1:00 A.M. No billiard room or pool hall shall remain open later than 1:00 A.M., on any week day during the months of June, July, and August, when the public schools are not in session. No billiard room or pool hall shall remain open on weekends longer than the hours of 10:00 A.M. Saturday to 1:00 A.M. Sunday and 12:01 P.M. Sunday to 12:01 A.M. Monday. (Prior Code, Sec. 5 -23; Ord. No. 382, 1988) Page 9 -19 Licensing and Business Regulations Page 9 -20 Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS Section 9 -401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts Recyclers SECTION 9 -401 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS A. It shall be unlawful for any person, firm, association, corporation or trust to sell, offer for sale, or display for sale one (1) or more used motor vehicles within the city without first obtaining a license therefore from the appropriate state authorities as set forth in 47 O.S., Section 581, et seq., or amendments thereto. It shall be unlawful for any owner of real property, lessee of real property, or person having an interest in real property to allow the sale, or display for sale, of one (1) or more used motor vehicles within the city unless said property is zoned for such use. Provided that this section shall not apply to any person making such use of their own personal residence, and involving a vehicle licensed in their own name as owner. B. It shall be unlawful for any person, firm association, corporation or trust to fail to show a valid state license under Title 47, upon the request of any properly identified officer or employee of the city. C. It shall be unlawful for any person, firm, association, corporation or trust to violate any of the provisions of the Automotive Dismantlers and Parts Recycler Act, also known as 47 O.S., Section 591.1 et seq., within the city limits of Owasso, Oklahoma. D. Each day during which any of the above business operations are conducted in violation of this section shall be considered a separate offense; each successfully consummated transaction during which the provisions of this section are violated shall constitute a separate offense. E. Members of the police department or code enforcement officers are hereby authorized to remove a vehicle from any property to a garage or other place of safety when such vehicle has been parked on more than one occasion for the principle purpose of displaying such vehicle for sale in violation of this chapter of the Owasso Code or the Owasso Zoning Code. City personnel shall be required to show that an official notice, warning, citation, or warrant has been issued by the City of Owasso for the vehicle involved prior to the incident for which the vehicle is to be towed. F. The prohibition contained in Subsection A shall not apply to mortgagees or secured parties who are selling motor vehicles which were collateral on a mortgage or security agreement if: (1) such mortgagees or secured parties do not realize for their own account from such sales any monies in excess of the outstanding balance secured by such mortgage or security agreement, plus costs of collection; and (2) the sale is conducted as a lawful secondary use on such mortgagees' or secured parties' primary business property. This article shall apply to and govern licenses required by this Code or other ordinances of the city; provided, however, if any provision of this article conflicts with a provision of this Code or other ordinance of the city relating to a license for a specific business, profession, occupation, trade, privilege or other activity, such latter provision shall govern and control. (Ord. No. 626, 12/21/99) Page 9 -21 Licensing and Business Regulations Page 9 -22 Licensing and Business Regulations CHAPTER 5 PENALTY Section 9 -501 Regulation and Penalty Section 9 -502 Penalty. SECTION 9 -501 REGULATION AND PENALTY No person, firm or corporation engaged in an occupation, the conduct of which constitutes agents or canvassers, house to house, manufacturing agents or solicitors, house to house; peddlers, house to house, merchant distributors, agents, canvassers or solicitors, house to house; or, itinerant vendors, house to house; or any other person, firm or corporation conducting house to house sales, solicitation or canvassing, shall conduct the business within the municipal limits of the city between the hours of dusk and 9:00 A.M. of the following day, seven days a week, unless such person has received prior express authorization to contact a resident or residents verifiable from such resident(s) within the municipal limits of the city. SECTION 9 -502 PENALTY Any person who engages in any business, profession, trade, or occupation, or exercises any privileges, for which a license or permit is required by this part without a valid license or permit as hereby required, or who violates any provision of this part, is guilty of an offense, and upon conviction, shall be fined as provided in Section 1 -108 of this code including costs. Every day upon which a violation occurs or continues shall be deemed a separate offense. (Prior Code, Sec. 5 -36) Page 9 -23 Licensing and Business Regulations Page 9 -24 The City Wi"". Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Jennifer Kirby Community Center Director SUBJECT: Acceptance of Donation to Owasso Community Center and Approval of a Budget Amendment in the General Fund DATE: June 10, 2011 BACKGROUND: Built in 1977 with a grant provided by the Federal Government, the Owasso Community Center is a place where residents of all ages can participate in meaningful programs and activities to enrich their lives. The Center provides a variety of programs and makes rental reservations within its facilities for reunions, parties, meetings, wedding receptions, baby showers, educational and training sessions, as well as corporate events. Additionally, the Center provides a meeting place for clubs and service organizations. Over the years, senior citizens have maintained two organizations within the building. The first of these, the Owasso Golden Agers is the service arm of the senior programs, and provides support, both financially and through volunteers, for the programs offered at the Center. The second organization is the Owasso Senior Citizens Foundation, a tax exempt 501(c)3 organization whose primary purpose is to receive and manage funds which help ensure that a viable Owasso Senior program is not totally dependent on government funding. The Owasso Community Center runs a full schedule of programs, with approximately 35 groups regularly scheduled in the building and hundreds of people using the center weekly. The senior program alone currently serves approximately 300 citizens. Due to the extensive use of the Community Center's facilities, seating throughout the Center is in need of replacement. As such, the Owasso Senior Citizens Foundation (OSCF) has generously donated $1,998 to the City of Owasso to help provide for the replacement of chairs. In order to utilize the donated funds, staff is requesting City Council acceptance of the donation from the Owasso Senior Citizens Foundation in the amount of $1,998. Additionally, staff is requesting City Council approval of a budget amendment to the General Fund, increasing estimated revenues and the appropriation for expenditures. RECOMMENDATION: Staff intends to recommend City Council acceptance of a donation from the Owasso Senior Citizens Foundation in the amount of $1,998. Staff further intends to recommend City Council approval of a budget amendment in the General Fund, increasing the estimated revenues and the appropriation for expenditures by $1,998. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Janet Isaacs Assistant Finance Director SUBJECT: Supplemental Appropriations Fiscal Year End DATE: June 10, 2011 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a Department or to transfer appropriations between departments within the some fund. A supplement or increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is not requesting year -end appropriations for the OPWA or for the OPGA. PROPOSED BUDGET AMENDMENTS: Sales Tax Fund Under the pledged revenue requirements of the OPWA bond indentures, the City transfers all of its sales tax collections to the OPWA Sales Tax Fund. The OPWA then transfers two cents of the sales tax, less payback agreements, back to the General Fund. Due to the sales tax revenue in the General Fund exceeding projections, the transfer to the OPWA will exceed the budgeted amount. Sales tax collections for FY 2011 totaled $17,528,943, which is $698,943 more than the budgeted revenues. As such, the transfer from the General Fund to the OPWA Sales Tax Fund will exceed budget by the same amount. A budget amendment of $698,943 is requested to allow for the transfer of those unexpected revenues, and to ensure compliance with the voter - approved Sales Tax Ordinance. Ambulance Service Fund Revenues of the Ambulance services are required by City Ordinance to be divided among the Ambulance Service Fund, the Ambulance Capital Fund, and the Fire Capital Fund. Revenues are receipted directly into the Ambulance Service Fund, and the designated percentage of revenues is then transferred to the Ambulance Capital Fund and the Fire Capital Fund. These transfers are considered expenditures under budgetary statutes and are subject to the limits of the approved budget. For FY 2011, revenues in the Ambulance Service Fund are projected to exceed budget by $92,000, primarily due to improved reporting procedures to Mediclaims (the City's third party administrator for ambulances billings) and an increase in Medicare billings received. The resulting transfers from the Ambulance Service Fund to the Ambulance Capital Fund and the Fire Capital Fund are projected to exceed the appropriations by $14,000 and $2,200, respectively. As such, staff is requesting a budget amendment for the Ambulance Service Fund, increasing estimated revenues by $92,000 and increasing the appropriation for expenditures by $16,200 to allow for the transfer of the unexpected revenues to the Ambulance Capital Fund and Fire Capital Fund and to ensure compliance with City Ordinance. Ambulance Capital Fund The Ambulance Capital Fund accounts for 15% of revenue received from ambulance billing and 10% of revenue from received from ambulance subscriptions transferred from the Ambulance Service Fund. Staff is requesting a budget amendment for the Ambulance Capital Fund, increasing estimated revenues by $14,000 to allow for the transfer of unexpected revenue and ensure compliance with Citv Ordinance. Fire Capital Fund The Fire Capital Fund accounts for 31.7% of the revenue received from ambulance subscriptions transferred from the Ambulance Service Fund. Staff is requesting a budget amendment for the Fire Capital Fund, incre asing estimated revenues by $2,200 to allow for the transfer of the unexpected revenue and ensure compliance with Citv Ordinance. Cemetery Fund The Cemetery Care Fund is, by State Statute due 12.5% of revenue received from cemetery fees (lot sales and interments). Revenues are projected to exceed budget by $5,800 within the General Fund due to higher than expected cemetery interment receipts. As a result the transfer from the General Fund to the Cemetery Care Fund is projected to exceed budget by $725. Staff is requesting a budget amendment to the General Fund, increasing the appropriation for expenditures by $725. Additionally, staff is requesting a budget amendment to the Cemetery Care Fund, increasing the estimated revenues by $725 to allow for the transfer of the unexpected revenue and to ensure compliance with the State Statutes governing the Cemetery Care Fund. General Liabilitv and Propertv Self- Insurance Fund The General Liability and Property Self- Insurance Fund revenues are originally budgeted through payments received from the General Fund and OPWA, and account for the funding reserved for payments of expenses related to property claims and for collision repairs to City vehicles. Revenues are projected to exceed the original budget by $20,000 due to claims collected by a third party administrator (Liberty Property Damage). As well as this, expenditures in the General Liability and Property Self- Insurance Fund are projected to exceed budget by $38,000 due to an increase in legal fees paid during FY 2011. Staff is requesting a supplemental appropriation in the General Fund Budget in the amount of $18,000, and authorization for payment from the General Fund to the General Liability and Property Self- Insurance Fund in the amount of $18,000. Additionally, staff is requesting a budget amendment for the General Liability and Property Self- Insurance Fund increasing estimated revenues and the appropriation for expenditures by $38,000. RECOMMENDATION: Staff intends to recommend City Council approval of budget amendments in the following funds: • General Fund - Budget amendment increasing estimated revenues in the amount of $704,743 and increasing the appropriation for expenditures in the amount of $18,725 • Ambulance Service Fund - Budget amendment increasing estimated revenues in the amount of $92,000 and increasing the appropriation for expenditures in the amount of $16,200 • Ambulance Capital Fund - Budget amendment increasing estimated revenues in the amount of $14,000 • Fire Capital Fund - Budget amendment increasing estimated revenues in the amount of $2,200 • Cemetery Fund - Budget amendment increasing estimated revenues in the amount of $725 • General Liability and Property Self- Insurance Fund - Budget amendment increasing estimated revenues and the appropriation for expenditures by $38,000 and authorization for payment of $18,000 from the General Fund to the General Liability and Property Self- Insurance Fund. Awft The e City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, City Planner SUBJECT: Final Plat, Bailey Medical Campus DATE: June 10, 2011 BACKGROUND: The City of Owasso received a preliminary plat for review and approval of the Bailey Medical Campus. The Bailey Medical Campus proposes one (1) lot on one (1) block on approximately 1.22 acres of property. The applicant wishes to plat the property for the development of a dialysis clinic. The subject property is immediately to the west of the First Christian Church of Owasso on the south side of the traffic circle. The zoning on the property was originally governed under PUD 469, which was approved in Tulsa County in 1991. At that time, the concept of the PUD was residential in nature with an underlying zoning of RS -3. However, due to changes in the market, the PUD was amended in December 2006 to OPUD 06 -04, and is now a concept that contains more of an office park type setting. SURROUNDING ZONING: North: Commercial General (CG) & Residential Single Family (RS -3) South: Residential Single Family (RS -3) East: Residential Single Family (RS -3) West: Office Medium (OM) DEVELOPMENT PROCESS: Step 1, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 2, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The final plat for the Bailey Medical Center Campus consists of one (1) lot on one (1) block on approximately 1.22 acres. The applicant is platting the property for the purpose of developing a dialysis center. The subject property is located south of the traffic circle at East 103rd Street North (Larkin Bailey Boulevard) and just west of the First Christian Church property, and will be accessed from the traffic circle. An entrance drive is proposed along the west side of the parcel that will set the stage for future connections to the south and west. There is a drainage easement along the east side of the property, and sewer service will be extended from the south. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the preliminary plat for the Bailey Medical Campus at their regularly scheduled meeting on May 25, 2011. No comments were brought forward by the members of TAC, and only minor corrections were required on the plans. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Additionally, any covenants and restrictions that were approved as part of OPUD 06- 04 shall be strictly adhered to. Sanitary sewer, police, fire, water, and EMS service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The applicant will have six (6) months to file the final plat from the date of City Council approval. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on June 13, 2011. RECOMMENDATION: Staff intends to recommend City Council approval of the Bailey Medical Campus final plat. ATTACHMENTS: A. Final Plat Bailey Medical Campus B. Area Map a .O 7o p L a, A W a O Z L / \� °n \ o 0°a En o 0n U � O1M Q rt mzo V O U2o oN ? U ON Ur t °N® O wN OY) O.O u, tl 0.`u l7�tl oou =MNm E Onl°Ym Erb w zo? §mw ZO003W I / U ^ - -- - -- - -- --- e f--- --- -- 444111 < l7 20h F E-. 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P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com BAILEY MEDICAL CAMPUS LOCATION MAP N W E S 1/17/11 b` decal Catii �w g �'rliran�rcr PIfi Bailey ac i al erg# r - `.. A pprox. B undary r � ;' � � � l�� � t ��4•''�h«* '� tom- -„• , A , _ t 4 \ i a ay r Scab' >Frvar #:fir -�, r ". -. ".��M•,�, ,� r,� - "�, ''�' � �� - ,. �rr.r fit„ � � '' y a: i urch w y The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce Stephenson City Planner SUBJECT: SUP 11 -01 (Specific Use Permit to Allow a Vehicle Repair Shop) DATE: June 10, 2011 BACKGROUND: The City of Owasso has received a request to review SUP 11 -01, a Specific Use Permit (SUP) for an "automotive repair and service" business on a 0.645 acre tract located in front of the Caudle Center at the southwest corner of the intersection of Garnett Road and E. 96th Street North. The property is currently undeveloped and is not platted. A 30 -foot stormwater /drainage easement is adjacent to the south boundary of the lot and a second 30 -foot stormwater /drainage easement touches the northwest corner. Access to the proposed development will be from a mutual access drive that is currently recorded along the north boundary of the tract, currently serving the Bank of Oklahoma and Caudle Center. A 30' utility easement lies to the west of the property. The property is zoned Commercial Shopping (CS) with a PUD overlay (OPUD 02 -01). Vehicle repair facilities are permitted within the CS zoning district with a Specific Use Permit; it should be noted that OPUD 02 -01 does not prohibit vehicle repair businesses. SURROUNDING LAND USE /ZONING DESIGNATIONS: Direction Zoning Use Land Use Plan Jurisdiction Commercial North Bank Commercial Owasso Shopping CS Flood Control South Undeveloped and N/A Owasso Drainage Agriccuullture East Undeveloped Commercial Owasso Commercial Detention West Shopping CS Facility Commercial Owasso DEVELOPMENT PROCESS: Step One, Specific Use Permit The applicant will have to gain approval of the use to develop a vehicle repair shop on the subject property. An SUP is required when a proposed use has the potential to be more intense than the adjoining uses, potentially making it incompatible with the surrounding area. Often times these more intense uses can successfully exist amongst other less intense uses if certain conditions are required that mitigate potential negative impacts. These conditions often exist in the form of increased or decreased setbacks, additional landscaping requirements, additional or modified lighting, screening and /or fencing, building site modifications, additional amenities, and other requirements that the Planning Commission and City Council feel are appropriate to reduce potential impacts. Step 2, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 3, Site Plan Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting a Specific Use Permit for an "automotive repair and service" business on a 0.645 acre tract located in a CS zoning district within OPUD 02 -01. Specific Use Permit applications require the applicant to provide more detail relating to the site plan and building architecture. The applicant has submitted a set of drawings, which provide an indication of building architecture and layout of the facility on the property. It is desirable that auto repair facilities orient their building in such a way that the structure is perpendicular to the road so that the bays do not face the public street. According to the site plan, the building will be oriented perpendicular to Garnett Road, which will keep the bays from being fronted along the street. The architecture of the facility is masonry and contains a variety of textures and patterns, and complements the existing theme established with the Caudle Center architecture. The proposed site plan and use of the vehicle repair business appear to be consistent with the conceptual plan and uses outlined in the design criteria for the Caudle Commercial Planned Unit Development (PUD). The conceptual site plan submitted with the applicant's SUP application depicts the proposed building closer to the property line than would be allowed per the Owasso Zoning Code. However, modifications to the bulk standards requirements are permissible under Specific Use Permits, if approved by the City Council. By allowing the structure closer to the property line, the applicant proposes to construct parking facilities at the rear (west) of the lot (as shown on the provided site plan), which would place the business' parking area closer to the parking area for the remainder of the Caudle Center. Staff has reviewed the proposed location and has also determined that allowing the structure to be constructed closer to the road allows the business to be visible without needing large and bulky signage that is often associated with shopping centers and commercial locations at major intersections. The requested zoning change is found to be in accordance with the Owasso Land Use Master Plan, which indicates commercial uses are appropriate for this location. According to the current FEMA maps, some of this property lies within the 100 -year floodplain area. However, the present FEMA maps do not take into account the recently completed Garnett Regional Detention Pond, which was designed to accommodate stormwater from development on this property as well as many others in this area of the City. According to information received from both the City engineering department and applicant's engineer, all required permits and forms have been submitted to both FEMA and the Corp of Engineers to initiate changes to the boundaries of the floodplain. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives and parking areas, storm water detention, sidewalks and landscaping. Sanitary sewer service, water service, fire protection and EMS will be provided by the City of Owasso. This property is subject to Garnett Regional Detention Facility payback, which is due at the time of final platting of the property. Letters were mailed to surrounding property owners within 300' of the subject property and the notification was published in the Owasso Reporter. The notification to property owners is attached for your information and review. TECHNICAL ADVISORY COMMITTEE: This request was brought before the Technical Advisory Committee (TAC) at their May 25, 2011 meeting, and the following items were discussed: • Trees along the south boundary for every 50 linear feet • Signage along the frontage • Garnett Regional Detention Payback fee • Submittal of site plan and plat simultaneously • Modification of front setback to allow for a reduced setback of 20 feet along Garnett Road • Material used for the screening fence around the dumpster (applicant indicated that the material will match those used on the main building) OWASSO PLANNING COMMISSION: The Owasso Planning Commission will discuss this item at their regular meeting on June 13, 2011. RECOMMENDATION: Staff intends to recommend approval of SUP 11-01 based upon the following conditions: • Provide one (1) tree along the south boundary for every 50 linear feet • The site shall be permitted to have one monument sign no taller than 6 feet in height. • The front setback be reduced to twenty (20) feet as shown on the conceptual site plan. ATTACHMENTS: A. Location Map B. Preliminary Site Plan C. Proposed Building Elevations Christian Brothers Automotive - — '1.1001 11006 9W2---j + — — — — -- — — — — — — — — — — — — — — — — — — — r I 1,1907 11003 '11,005 1 1 11007 9509 — — — — — — — — — — — LU, 9507 0906 111002 111004 '11006 Ld I 9505 9540 10905 11001 11W3 1,1005 I 9503 Subject Properbi ------ - - - - -- ---- 10906] 11012 '110 1 9423 100 ni 300 ft Community 1:2257 Development - 06/08/2011 YV C SUP 11-01 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to-date information. Christian Brothers Automotive - Community 1:2257 Development 06/08/2011 .:,..: f� ✓ SUP 11 -01 ''` This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. Exhibit E 9 s St N and T 21 North Garnett Road N Scale: 1"-100' 11 ITO LQ Z"I R 14 E East 96th Street North POINT NER OF COMMENCEMENT — �I�) NE COR SECTION 19 T-21-N, R-14-f- 4 77s T)/ff 80.00, 6 Pp I i , I 1 Ijl 1 1W A 7 DETENTION POND AREA __j SDUTH UNE SM PAT ARE& S funs'", ff Tract 0.645 Acres 28,080 Sq. Ft 3W STORMINATER D/E 00V LF. DOCUMENT ND. 2005038817 Ar 8r5g POINT OF' BEGINNING - 114' 1 w I III 240.0 Yr VU WAL ACCESS EASEVENT F -7 NO. 200IMM71 Restricted Tract A 1.061 Acres 46,2117 Sq. Ft. C4 I !Iii S funs'", ff Tract 0.645 Acres 28,080 Sq. 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TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Agreement for Gas Facilities Relocation With Oklahoma Natural Gas Company - E 106th ST N & Garnett RD Intersection Improvements DATE: June 10, 2011 BACKGROUND: On November 1, 2005, the City Council approved Resolution No. 2005 -15 amending the priority determination of Capital Improvements projects eligible for funding during the FY 2005 -2006 to include conceptual design of four roadway intersections: North 145th East Avenue and East 96th Street North North Garnett Road and East 106th Street North North Mingo Road and East 96th Street North North 145th East Avenue and East 106th Street North The objective of the design work was to facilitate the preparation and submittal of funding applications to the Oklahoma Department of Transportation (ODOT) for financing the capital improvements. Results of the conceptual design work were presented to the City Council on October 10, 2006. Based on service ratings, projected traffic volumes (usage), construction costs, and relative location to critical facilities (fire stations, hospitals, etc.), the staff proposed construction of the improvements in the following sequence: — North Garnett Road and East 106th Street North — North 145th East Avenue and East 96th Street North — North 145th East Avenue and East 106th Street North — North Mingo Road and East 96th Street North The conceptual design report for the North Garnett Road and East 106th Street North intersection recommended constructing an intersection consisting of a five -lane section along Garnett and a three lane section along 106th Street. However, since the completion of the conceptual design, the City has experienced significant growth and has proposed an increase in the scope of the project to include five lanes plus a right turn lane on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left lane will be 250 feet in length. The estimated construction cost is $1,900,000 excluding right -of -away acquisition, project contingency, and utility costs. In September 2007, staff began communicating with ODOT officials on a monthly basis concerning eligible funding particularly for the North Garnett Road and East 106th Street North Intersection Project. In February 2009, ODOT approved federal funding for this project in the amount of $750,000. In March 2009, the City Council approved an engineering services agreement with PSA Dewberry for the expanded design of the intersection improvements in the amount of $119,500. The final design is near completion and all necessary right -of -away has been obtained. The next step in the planning phase of this project is utility relocation. UTILITY RELOCATION: Oklahoma Natural Gas (ONG) lines are located in private easements owned wholly by ONG, thus resulting in the necessity of an agreement between the City of Owasso and Oklahoma Natural Gas to facilitate the relocating of the lines and payment for such services. ONG currently owns and operates 1,637 linear feet of various size high and medium pressure distribution pipelines within the limits of the intersection project. Of this total length, 382 linear feet are located outside the public right -of -way and within the privately owned easement. This portion will need to be relocated at an estimated cost to the City of $110,495 including material, labor, and contract administration. PROPOSED AGREEMENT FOR GAS RELOCATION: A formal agreement is being reviewed by ONG representatives and staff anticipates the agreement will be approved by the ONG staff on or before June 17, 2011. An example of the agreement (see Attachment A) contains language outlining the basis for the relocation costs and how ONG will be reimbursed. A summary of the agreement's key points are as follows: • Relocation costs will be based on actual costs of work performed. • ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. • If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. • The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2011-2012 fiscal year. • ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. FUNDING: Sufficient funding exists in the Capital Improvements Fund for this project. RECOMMENDATION: Staff intends to recommend City Council authorization for the Mayor to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and the City of Owasso for the East 106'h Street North and Garnett Road Intersection Improvements. In addition, the staff intends to recommend City Council authorization for the City Manager to terminate the agreement (as allowed by paragraph 6 of the agreement), if revised cost estimates submitted by ONG become more than $110,495 prior to commencement of construction and it is determined by the City Manager that the revised estimate no longer fits within the City budget. ATTACHMENTS: A. Agreement B. Cost Estimate C. Site Map AGREEMENT GAS FACILITIES RELOCATION ROADWAY IMPROVEMENT PROJECT -------------- LOCATION--------- - - - - -- CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on - -- DATE - - -. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the - - # -- plan sheets and the - -# -- -page cost estimate, all dated - -- DATE - - -, of which four copies each are attached. Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be -- $amount - -, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such Page 1 of 3 facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. ATTEST: OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONEOK, Inc. t Assistant Secretary Dated: Steve Wood Vice President - Operations APPROVED as to form and legality this day of 12011. Page 2 of 3 City Attorney CITY OF OWASSO, OKLAHOMA Mayor ATTEST: City Clerk This day of 12011. Page 3 of 3 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST E.106TH ST. N. & N. GARNETT RD. STATE JOB NO. 26599(04) Replacement with like kind & size Sht. 2 of 3 MATERIAL COST: CITY UNIT COST AMOUNT 4 1/2" PIPE - STEEL, .237" W, 10.80 # /FT, API -5L, GR. B, SMLS COATED W/ ARO 1,160 ft. 21.55 $24,998 2 3/8" PIPE - STEEL, .154" W, 3.65#1FT, API -5L, A -53 -B, SMLS COATE W/ ARO 720 ft. 9.77 $7,035 4" VALVE -GATE, RAISED FACE, ANSI 150#, 285# WP, STEEL, FULL OPENING 1 ea. 784.94 $785 4" FLANGE -WELD NECK, RAISED FACE, ST, 150LB 2 ea. 22.23 $45 4" GASKET -TYPW F (RING TYPE), 1/8" THICK, ANSI 150,285 PSI WP 2 ea. 5.50 $11 4" BOLT -STUD, 5/8 "x3 3/4" W /2 -2H HEX NUTS EA., ASTM GR -67 16 ea. 1.13 $19 2" VALVE -GATE, RAISED FACE, ANSI 150#, 275# WP, STEEL, FUL OPENING 1 ea. 383.91 $384 2" FLANGE -WELD NECK, RAISED FACE, ST, 150 LB 2 ea. 15.54 $32 2" GASKET -TYPE F (RING TYPE), 1/8" THICK, ANSI 150,285 PSI WP 2 ea. 3.09 $7 2" BOLT -STUD, 5/8 "x3 1/4" W 12 -2H HEX NUTS EA., ASTM GR -B7 8 ea. 1.05 $9 4" TEE - SPHERICAL, SERIES 150, WELD, 275 LB WP 3 ea. 715.89 $2,148 2" TEE -WD STOP, 3 -WAY, SCFD WD THIRD CAP 1 ea. 95.37 $96 2" FITTING- THREADED 0 -RING, 1500 LB WP 4 ea. 184.50 $738 4" ELBOW -ST, WELD, 90 DEG, LR, STD GRADE B, SMLS 9 ea. 23.96 $216 4" ELBOW -ST, WELD, 45 DEG, LR, STD GRADE B, SMLS 2 ea. 14.47 $29 2" ELBOW -ST, WELD, 90 DEG, LR, STD GRADE B, SMLS 4 ea. 9.71 $39 2" ELBOW -ST, WELD, 45 DEG, LR, STD GRADE B, SMLS 2 ea. 4.17 $9 4" TEE -WELD, STD, GRADE B, SMLS..188" WT 1 ea. 41.21 $42 4 "x4 "x2" TEE -WELD, STEEL, STD, GEADE B, SMLS, .280" WT 1 ea. 53.74 $54 4" CAP- STEEL - WELD -STD WT 6 ea. 16.62 $100 2" CAP-STEEL-WELD-STD WT 2 ea. 10.94 $22 17LB ANODE -CAST, MAGNESIUM, PACKAGED, 1OFT LEAD, D3, HIGH POT 8 ea. 67.20 $538 2.50 "x18" TEST - STATION, CATHODIC PROTECTION, PLASTIC, 2 TERMINAL 4 ea. 15.35 $62 41 "x54" BOX - VALVE, POLY, SCREW TYPE, ADJUSTABLE 2 ea. 49.14 $99 COATING -PIPE, LIQUID EPDXY, HIGH BUILD, TWO LITER KIT 40 ea. 46.25 $1,850 4'x9' ROLL -WRAP -PIPE, MICROCRYSTALINE, BROWN #2 40 ea. 9.11 $365 GALON- PRIMER- TEMCOAT3000 29 ea. $0 MISC. MATERIAL $7,947 ESTIMATED MATERIAL COST $47,679 INSTALLATION COST: AMOUNT Stores Expense $12,354 Contract Construction Labor $177,430 Contract Design and Drafting Services $5,000 Company Labor $26,615 Indirect Labor, Payroll, Insurance, and Taxes $10,170 Automotive Expense $5,323 Right of Way Damages $5,000 TOTAL $289,571 Administrative and General Expense $130,307 Omissions and Contingencies $41,988 ESTIMATED INSTALLATION COST $414,187 ESTIMATED MATERIAL COST $47,679 ESTIMATED ABANDONMENT COST $11,547 TOTAL ESTIMATED RELOCATION COST $473,413 FINANCIAL RESPONSIBILITY Total within Private Right of Way = 382' Total within Public Right of Way = 1,255' City Share 382 ft. within additional reauired R/W 23.34% = $110,495 1637 ft. within total required RAN ONG Share 1255 ft. within present public R/W 76.66% = $362,918 1637 ft. within total required R/W Eastern Region Engineering (Randy Stalcup) Utility Design Services Inc. (Gerald Noll) 6/9/2011 The City V�lim,ut Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Agreement For Partial Reimbursement of Construction Costs For The Meadowcrest Relief Sewer Line And Partial Exclusion From Per Acre Assessment Fee DATE: June 10, 2011 BACKGROUND: In the initial design phase of Maple Glen ll, Owasso Land Trust was expected to fund the upgrades to the Meadowcrest Pump /Lift Station at a cost of approximately $180,000. The City staff and representatives of Owasso Land Trust met to evaluate additional options, and those discussions revealed the best long -term solution was to construct a gravity sewer system rather than upgrading the existing infrastructure. Therefore, Owasso Land Trust Development agreed to contribute the funds originally designated for the pump station upgrade toward the construction of a new gravity sewer line (known as the Meadowcrest Relief Line). In January 2011, the OPWA Trustees awarded the Meadowcrest Sewer Relief Line Construction Contract to Ira M. Green Construction in the amount of $449,337.80. Due to a public /private partnership, the OPWA's cost for this project is anticipated to be $269,337.80 (not including utility easement acquisition and design cost). AGREEMENT: The proposed agreement (see Attachment A) contains language outling the details of the public /private partnership. A summary of the proposed agreement's key points are as follows: Owasso Land Trust agrees to reimburse OPWA for a portion of the Meadowcrest Relief Line Sewer Line ($180,000). Owasso Land Trust will make two (2) payment installments - $90,000 will be paid when construction of the Meadowcrest Relief Sewer Line is 50% complete. The remaining amount of $90,000 will be paid to the OPWA at final completion of the project. As part of Owasso's Land Trust contribution, Maple Glen I, Future Maple Glen and a designated fifteen (15) acres will be excluded from the proposed per acre assessment fee. RECOMMENDATION: Staff intends to recommend Trustee approval of an agreement between Owasso Land Trust and the Owasso Public Works Authortiy for Partial Reimbursement of Construction Costs for the Meadowcrest Relief Sewer Line and Partial Exclusion From the Per Acre Payback Assessment Fee, and authorization for the Chairman to execute the agreement. ATTACHMENT: Agreement Site Map AGREEMENT FOR PARTIAL REIMBURSEMENT OF CONSTRUCTION COSTS FOR THE MEADOWCREST RELIEF SEWER LINE AND PARTIAL EXCLUSION FROM PER ACRE ASSESSMENT FEE This Agreement is entered into on this day of June, 2011, by OWASSO PUBLIC WORKS AUTHORITY ( "OPWA ") and OWASSO LAND TRUST ( "OLT "). OPWA and OLT hereby agree to the following: 1. OPWA intends to construct the Meadowcrest Relief Sewer Line to increase sanitary sewer capacity for the northwest quadrant of the City of Owasso. 2. OLT agrees to reimburse OPWA for a portion of the Meadowcrest Relief Sewer Line as follows: A. Total reimbursement from OLT to OPWA will be One Hundred Eighty Thousand Dollars ($180,000) to be paid in two (2) installments as set forth below; B. Ninety Thousand Dollars ($90,000), equaling Fifty Percent (50 %) of the total reimbursement, will be paid by OLT to OPWA when construction on the Meadowcrest Relief Sewer Line is fifty percent (50 %) complete; C. The remaining fifty percent (50 %) in the amount of Ninety Thousand Dollars ($90,000) will be paid to OPWA by OLT when construction of the Meadowcrest Relief Sewer Line is completed. 3. As consideration for OLT's contribution to construction costs for the Meadowcrest Relief Sewer Line, Maple Glen I (containing Ninety -Nine (99) lots), Future Maple Glen (containing One Hundred Eighty (180) lots) and a designated Fifteen (15) acre tract (containing approximately Seventy (70) lots) will be excluded by OPWA from the Meadowcrest Relief Sewer Line's per acre assessment fee. OWASSO PUBLIC WORKS AUTHORITY By: Doug Bonebrake, Chairman 1 ATTEST: Sherry Bishop, Authority Clerk APPROVED AS TO FORM & CONTENT: LPL Fie Trout Lombardi, Authority Attorney OWASSO LAND TRUST Title: N l� L� nyz c� 'ono m NETT R 1111 1111 . • i� %i1 111��1 • 111111 . 111111 ■ 0 Q It �o 0 0 11111r 11111. 1 J1 H rC mm z ILV� , " v N 111I► � The City Wit7out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Daniel Dearing Senior Civil Engineer SUBJECT: Recommendation for Contract Award and Acceptance of Donation US Highway 169 Water Tank (Ram Tank) Re- painting Project DATE: June 10, 2011 BACKGROUND: Built in 1984, the water tank along US Highway 169 (also referred to as the "Ram Tank ") serves an important role in the City of Owasso's water supply system. The tank stands 100 feet tall and is sixty foot in diameter, with a 2,000,000 gallon capacity. With its highly visible location and logos on the tower, the water tank has represented Owasso in name and in mascot for years. The paint serves as a protective coating for the exterior steel walls and, over time, has begun to chip, flake, and fade. The water tank is in need of repainting to prevent potential rust and other damage from the elements. Around the time staff began discussing the need for repainting the water tank, a citizen contacted the City of Owasso inquiring about the current logo, the process for repainting or replacing the logo, and the City's interest in accepting donations for the painting project. The current logo was painted and donated by a local retailer that is no longer in business. PROPOSED PROJECT: Members of the City staff met with the citizen and discussed various options that would consider the City's need for water tank improvements, and the desire of the citizen to replace the faded logo. Based on these discussions, the staff is proposing a project that will refresh the exterior protective paint and replace the logos. The proposed project will power wash the exterior of the tank, apply spot primer as needed, and apply new paint and logos. The logos are designed to have two (2) thirty foot diameter ram logos with proportional text facing north and south bound traffic along US HWY 169, and one (1) twenty foot diameter ram logo with proportional text facing N. 121 st E Ave in the Smith Farm Market Place. The logo is a four -color logo with two - color text; a graphic depiction (not to scale) is attached for review. SOLICITATION OF BIDS: In May 2011, an advertisement for bids for the re- painting project was published in accordance with state statutes. The bid opening occurred on June 2, 2011, with seven (7) contractors submitting bids. Three (3) vendors submitted incomplete contract documents, thus disqualifying them from consideration. The four qualifying and three disqualified bid amounts are as follows: Bidder Bid Amount TMI Coatings $69,400.00 Gulfstate Protective Coatings, Inc. $99,500.00 Leher Painting Enterprises, Inc. $111,777.00 Maguire Iron Inc. $122,200.00 Phoenix Fabricators & Erectors, Inc. $69,203.00 - DISQUALIFIED Utility Service Co., Inc. $72,600.00 - DISQUALIFIED Great Plains Pump & Construction, Inc. $80,234.00 - DISQUALIFIED The City Engineering staff completed their bid evaluation, and TMI Coatings was determined to be the lowest qualified bidder. FUNDING: Funding for this project will be provided by a private donor. Staff intends to place a request for Trustee consideration and appropriate action related to acceptance of the donation on the June 21, 2011 Owasso Public Works Authority agenda. In addition to this, staff intends to place a second item on the agenda for consideration and appropriate action related to a supplemental appropriation, increasing the estimated revenues and expenditures in the OPWA Fund in the amount of the donation. RECOMMENDATION: Staff intends to recommend the Trustees award the Ram Tank Re- painting Project contract to TMI Coatings in the amount of $69,400. ATTACHMENT: A. Graphic Depiction ATTACHMENT A OWASSO RAMS I 1 s Vol The City Wi*, o tt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Tim Doyle General Services Superintendent SUBJECT: Pavement Striping Project DATE: June 10, 2011 BACKGROUND: Included in the FY 2010 -2011 Streets Division Budget is $56,800 to perform traffic striping throughout the City. A base project was developed to include traffic stripe replacement on East 1 16th Street from Garnett Road to Memorial Drive and East 86th Street North from North 129th East Avenue to North 145th East Avenue. Five alternate projects (See Attachment A) of varying sizes were developed to provide flexibility in the selection of additional striping projects to address other striping needs as funding allows. SOLICITATION OF BIDS: In accordance with State statutes, a notice to bidders was published in the Tulsa World on Wednesday, May 25, 2011 and Wednesday, June 1, 2011 to solicit bids for the Pavement Striping Project. In addition, four (4) vendors and three (3) plan houses were notified of the bid opportunity. The bids are scheduled to be opened on Wednesday June 15, 2011. The bid data will be tabulated and reviewed to determine bidder qualifications and compliance to the bid specifications. Upon staff's determination of the lowest responsible bidder, the base project and any alternate projects (based upon bid cost and the project's available funds) will be forwarded to the City Council prior to the June 21 st regular meeting. RECOMMENDATION: Unless concerns are expressed by the City Council following a review of the received bids, staff intends to recommend City Council award the 2010 -2011 Pavement Striping Project, including any fundable alternatives, to the lowest responsible bidder in an amount not to exceed $56,800 at the June 21, 2011 City Council Meeting. ATTACHMENT: A. 2010-2011 Pavement Striping Project Site Map Lij J 4 It 0 2 lu 2 UA 126th ST N 126th ST N ramn na m 66th ST N VICINITY MAP NO SCALE W E PAVEMENT STRIPING PROJECT FY 2010-2011 1 CITY OF OWASSO PROJECT LOCATIONS ALTERNATE PROJECTS 0 North 'TTTTS TITA r, IF,' r(--JIR PT:-WPC-)Sr, 0-4f :N' IS 11TCYT' I L ANE, ScPU-1✓- USE Of I Ills M"MI IS Xk I '%A',5,RPA71TT-4' C+R CTT'N' CIF f),-,VAS-,C) (-SF IT,; A C'<--ITR 1 1 1 N. Main StrLvt P.O. Box 180 Owasso, OK 74055 918.376.1500 g# The e City Wit�7out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: International Association of Firefighters (IAFF) Fiscal Year 2011-12 Contract DATE: June 10, 2011 BACKGROUND: Negotiations with the Owasso International Association of Firefighters (IAFF) have concluded with a tentative agreement between both parties. The tentative agreement provides for a one year contract that includes the one -time pays incorporated in the FY 2011 -2012 proposed budget providing increases to eligible members of the bargaining unit. Both the IAFF members and the City administration worked diligently to develop an agreement that is in the best long -term interest of the community, the firefighters, and the City. The agreement provides for the following changes: ➢ Incorporation of language addressing safety concerns and the operation of stations and equipment. ➢ Clarification of language addressing scheduled and unscheduled overtime. ➢ Addition of language providing payment of 100% of sick leave balance upon death in the line of duty. (This language is similar to the language in the contract with the FOP) ➢ Increase of $25 per month in health premiums which will be waived for members who elect to participate in a Biometrics screening. ➢ Continuation of existing contract language on all other issues. ➢ The contract does not contain any across - the -board increases. The total increased cost of this contract is $38,423. COMMENTS: This agreement demonstrates how management and unions can work together to build consensus and collaborate to develop an agreement that recognizes the need for the City to continue to rebound from the economic downturn and for the firefighters to know they continue to have financial security and job stability. Credit is due to both teams and their Chief Negotiators - Shane Atwell for the IAFF and Warren Lehr for the City. RECOMMENDATION: The staff intends to place this item on the City Council agenda for action at the June, 21 2011 regular council meeting. Awwft The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bradd K. Clark Fire Chief SUBJECT: SAFER Grant Award Federal Fiscal Year 2011 DATE: June 10, 2011 BACKGROUND: The Fire Department applied for the Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program in September, 2010. The application is for the funding of six career firefighter positions within the Owasso Fire Department. The US Fire Administration announced the City of Owasso was awarded a SAFER Grant on June 3, 2011. SAFER GRANT PROCESS: Fire departments are able to request federal grant monies under two broad categories in the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program: hiring of career firefighters and recruitment and retention of volunteer firefighters. The Owasso Fire Department applied for the funding of six (6) additional career firefighters, to improve the staffing levels of the three current fire stations. Created by Congress in 2003, the SAFER Grants are meant to help communities with career, volunteer and combination fire departments to "meet industry minimum standards and attain 24 -hour staffing to provide adequate protection from fire and fire - related hazards, and to fulfill traditional missions of fire departments that antedate the creation of the Department of Homeland Security." GRANT FUNDING: The SAFER program funds firefighter positions not currently budgeted. In the grant award, the following is the maximum reimbursement amount is eligible to the City of Owasso: Year 1: the actual cost, up to $430,452 for six firefighters (salary & benefits) Year 2: the actual cost, up to $445,523 for six firefighters (salary & benefits) At the time the grant application was made, the fire administration utilized salary and benefit data found in the Collective Bargaining Agreement and City of Owasso Budget. Since the time of application, the City has incurred cost increases in health insurance. Due to increased insurance costs, the eligible grant award may not cover all employee benefit expenses for the additional firefighters. If all six of the firefighters request family medical coverage (the most expensive coverage), the City would incur additional expenses of approximately $10,000, over what would be reimbursed under the grant award in the first year. The health insurance costs for the second year are estimated to be $7,000 over the grant award. The City's estimate of health care costs above the grant award assumes that all six firefighters will require family health insurance. Although the SAFER program provides funding for salaries and benefits, other expenses related to employment are not provided in the grant award. Among the non -salary expenses are uniform apparel, firefighting protective equipment, initial employment medical physical, air mask fit test, and training classes to include Firefighter I and 11, Liquefied Petroleum (LP) Gas Firefighting, hazardous materials training, and wildland firefighting training. Fire administrators believe that these expenses, associated with the fire department's operating budget, will largely be absorbed into existing funding. In addition, overtime expenses associated with the current staffing level for the department will be reduced, thus the savings in overtime will help cover expenses associated with initial employment in the first year. The City's estimated cost for six new employees, above the SAFER award is estimated as follows: Year 1: $45,000 for benefits, training and equipment Year 2: $23,000 for benefits, training and equipment Year 3: 100% of the expenses associated with the six firefighters. The City's estimated costs above the SAFER Grant is assuming that all six firefighters will require family health insurance, paramedic licensure pro -pay, education incentive, and all of the initial training classes. The total maximum grant funds that would be received if the SAFER grant is accepted by the City Council would be $875,979 for the two years of the grant. STAFFING IMPROVEMENT: One of the central goals of SAFER is to better prepare fire departments for responding to emergencies. To this end, the Owasso Fire Department's grant award will provide an increase in the staffing level for each shift at each of the City's three fire stations. Additional staffing after this grant will be dependent upon the construction of Fire Station No. 4. The minimum staffing level requirements and the number of firefighters allowed on leave at any given time will not change with the hiring of the grant funded additional staff. The minimum staffing level is established to maintain a minimum number of firefighters needed to respond to emergencies from each fire station. With additional staff assigned to each shift day, the amount of minimum staffing overtime will decrease significantly. Savings estimates are affected by severe weather events, staff injuries, and other unforeseen and uncontrollable events, but Fire Administrators are confident that the additional staff will save over 65% of the minimum staffing overtime expenditure each year, which could amount to as much as $50,000 based on past expenditures as shown in the table below: Year 1 Year 2 Year 3 Uniform Apparel $4,500 $2,700 $2,700 Fire Protective Apparel $16,482 $2,400 $0 Hiring Physical $1,800 $0 $0 SCBA Fit Testing $210 $210 $210 Training $12,572 $10,260 $0 Total Non-Salary $35,564 $15,570 $2,910 Fire administrators believe that these expenses, associated with the fire department's operating budget, will largely be absorbed into existing funding. In addition, overtime expenses associated with the current staffing level for the department will be reduced, thus the savings in overtime will help cover expenses associated with initial employment in the first year. The City's estimated cost for six new employees, above the SAFER award is estimated as follows: Year 1: $45,000 for benefits, training and equipment Year 2: $23,000 for benefits, training and equipment Year 3: 100% of the expenses associated with the six firefighters. The City's estimated costs above the SAFER Grant is assuming that all six firefighters will require family health insurance, paramedic licensure pro -pay, education incentive, and all of the initial training classes. The total maximum grant funds that would be received if the SAFER grant is accepted by the City Council would be $875,979 for the two years of the grant. STAFFING IMPROVEMENT: One of the central goals of SAFER is to better prepare fire departments for responding to emergencies. To this end, the Owasso Fire Department's grant award will provide an increase in the staffing level for each shift at each of the City's three fire stations. Additional staffing after this grant will be dependent upon the construction of Fire Station No. 4. The minimum staffing level requirements and the number of firefighters allowed on leave at any given time will not change with the hiring of the grant funded additional staff. The minimum staffing level is established to maintain a minimum number of firefighters needed to respond to emergencies from each fire station. With additional staff assigned to each shift day, the amount of minimum staffing overtime will decrease significantly. Savings estimates are affected by severe weather events, staff injuries, and other unforeseen and uncontrollable events, but Fire Administrators are confident that the additional staff will save over 65% of the minimum staffing overtime expenditure each year, which could amount to as much as $50,000 based on past expenditures as shown in the table below: In 2006, Fire Administrators developed a five -year staffing plan for the Owasso Fire Department. Considerations in the staffing plan depicted that additional staffing at each fire station will improve firefighter safety, improve the effectiveness of emergency operations, reduce the overtime burden, and improve the insurance industry scoring towards the overall insurance rating for the City of Owasso. The staffing plan proposes an increase in staffing levels on both ambulances and fire apparatus at each fire station in order to increase fire protection and paramedic care in all areas of the City of Owasso. The addition of the six firefighters moves the fire department closer to the desired staffing levels as outlined in the plan and increases the City's opportunity for improving our overall insurance rating. In the Insurance Services Office (ISO) evaluation of the City of Owasso, several opportunities to improve the score and thus the overall insurance rating were identified. An improved fire insurance rating assists in reducing insurance rates for Owasso residents and businesses. One of the areas where an improvement in the overall rating could be achieved is in the number of fire engines that are staffed and used in the fire department. Current staffing levels provide either an ambulance or fire engine at each fire station. The SAFER grant will provide staffing for three fire engines, which will improve the score. To achieve the maximum score in this area of the overall rating, four fire apparatus are needed for the City of Owasso's total population and the size of the city limits area. Coupled with other measures, the overall rating (based upon the score in three areas) will be improved over the next two years. RECOMMENDATION: An item has been placed on the June 141h worksession for City Council consideration and discussion of the SAFER Grant. Minimum Staffing Overtime Hours Total Annual Overtime Hours Percentage Minimum Manning Average Overtime Rate Cost of Minimum Manning FY2008 2,952 5,152.25 57.30% $27.76 $81,947.52 FY2009 2,768.25 4,640.5 59.65% $28.61 $79,199.63 FY2010 2,190.5 3,381.5 64.78% $28.41 $62,232.11 In 2006, Fire Administrators developed a five -year staffing plan for the Owasso Fire Department. Considerations in the staffing plan depicted that additional staffing at each fire station will improve firefighter safety, improve the effectiveness of emergency operations, reduce the overtime burden, and improve the insurance industry scoring towards the overall insurance rating for the City of Owasso. The staffing plan proposes an increase in staffing levels on both ambulances and fire apparatus at each fire station in order to increase fire protection and paramedic care in all areas of the City of Owasso. The addition of the six firefighters moves the fire department closer to the desired staffing levels as outlined in the plan and increases the City's opportunity for improving our overall insurance rating. In the Insurance Services Office (ISO) evaluation of the City of Owasso, several opportunities to improve the score and thus the overall insurance rating were identified. An improved fire insurance rating assists in reducing insurance rates for Owasso residents and businesses. One of the areas where an improvement in the overall rating could be achieved is in the number of fire engines that are staffed and used in the fire department. Current staffing levels provide either an ambulance or fire engine at each fire station. The SAFER grant will provide staffing for three fire engines, which will improve the score. To achieve the maximum score in this area of the overall rating, four fire apparatus are needed for the City of Owasso's total population and the size of the city limits area. Coupled with other measures, the overall rating (based upon the score in three areas) will be improved over the next two years. RECOMMENDATION: An item has been placed on the June 141h worksession for City Council consideration and discussion of the SAFER Grant. Oe T cit� tt Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Public Hearing for the Utilization of 2011 CDBG Funding DATE: June 10, 2011 BACKGROUND: As a member of the Tulsa Urban County Community Development Block Grant (CDBG) program, the City of Owasso is eligible to apply for CDBG funds for 2011. Previously, Owasso received CDBG money via the Small Cities Set -Aside program administered by the Oklahoma Department of Commerce. Now that the City participates in the Urban County program, additional grant money is available, and the local match requirement has been removed. The primary National Objective of the 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 of the following National objectives: ➢ Provide benefit to low and moderate income persons. ➢ Aid in the prevention or elimination of slums or blight. ➢ Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living conditions in a definable geographic target area where at least 51% of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. In the past, Owasso has utilized CDBG monies for making sidewalk improvements, sewer improvements, and of course the Rayola Park project. Attached with this memo is a map illustrating the qualifying areas within Owasso based on 2000 Census data. The socioeconomic data for the 2010 census has not been processed yet, which is how the areas are defined. For CDBG 2011, the City of Owasso is allocated $108,114. REQUEST: When a project is at the beginning stages of design and development, the first requirement for the City of Owasso is to conduct a public hearing in order to solicit citizen comments concerning the project and how the grant funds should be utilized. At this time, based on preliminary evaluation, staff intends to recommend using the CDBG funds for the following project: 1. Improvements to the Owasso Skate Park Other projects that have been considered include the following: 1. Sidewalks in original town 2. Sun Shelters at Rayola and Skate Park 3. Community Center roof replacement 4. New playground equipment at Rayola Park 5. Basketball courts at Rayola Park 6. Disc Golf Course at Rayola Park 7. Smoke detectors for homes in Original Town 8. Removal of blight 9. Street rehab in old town 10. Sidewalk connecting YMCA to 86th Street N. along service road 11. Drainage improvements south of Rayola Park 12. Purchase of property for eventual conversion for an open air market 13. Expansion of the spray park at Rayola 14. Continue with Main Street improvements The second requirement to receive funding through the CDBG program is the approval of a resolution, whereby the City of Owasso requests CDBG funds for fiscal year 2011. Once a Public Hearing has been held and citizen comments have been received and reviewed, staff intends to bring the necessary resolution before the City Council for consideration and appropriate action at the July 5, 2011 Regular Meeting. ATTACHMENTS: A. Notice of Public Hearing B. Grant Application C. Map of Qualifying Areas NOTICE OF TULSA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT OWASSO FY 2011 NEEDS PUBLIC HEARING A Public Hearing will be held at 6:30 p.m., in the City Council Meeting Room at 109 North Birch, Owasso, to receive recommendations on community development needs for the City of Owasso as a member of the Tulsa County CDBG Urban County. The amount of funds allocated to the City of Owasso is $108,114.00. Recommendations received will be considered by the Owasso City Council, the CDBG Urban County Policy Committee and the INCOG staff in developing Owasso's annual Metro City application. Comments or proposals, where feasible, will be incorporated into the FY 2011 application to be submitted to INCOG. Anyone requiring special accommodations pursuant to the Americans with Disabilities Act should notify Brian Dempster at 918/376 -1544. FY2011 METRO CITY APPLICATION GUIDANCE 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- Metro City application for the FY2011 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(aD_incog.org National Objective The primary National Objective of the 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 of the following National objectives: Provide benefit to low and moderate income persons. Guidance Community Development Biock Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Amount Population Broken Arrow $421,525 24.0 Bixby $53,987 26.9 Jenks $38,306 25.9 Owasso $108,114 30.2 Sand Springs $77,178 38.4 Sapulpa $128,850 49.0 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(aD_incog.org National Objective The primary National Objective of the 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 of the following National objectives: Provide benefit to low and moderate income persons. Guidance Community Development Biock Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 6 • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. 3. Engineering is a permissible use of CDBG funds. 4. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 6 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 sect on Two Required Application Documents 1. Application Summary Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 3 of 6 This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidelines to identify specific beneficiaries for various activities: - Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 4 of 6 - New Wastewater or Water Extensions to Previously Un- served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. - Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. - Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. - Demolition /Clearance /Removal of Junk and Debris and /or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. - Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. - Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 5 of 6 projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 6 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FY2011 FUNDS 1. Name of Unit of Local Government _C:;tv of nwaccn Mailing Address 111 North Main Owasso, OK Zip Code +4 74055 -0180 Phone Number (918)376 -1500 Fax # (918)376 -1599 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Doug Bonebrake Clerk Sherry Bishop 2. Name of Staff Contact Brian Dempster Phone Number (918)376 -1544 E -mail bdempster(a_cityofowasso.com 3. Project Title and Brief Description of Project nwaccn Skates Park anhanramantc (Attach additional detail as needed) 4. Number of beneficiaries served 1,181 Census Tract /Block Group # 58.01/2,3 5 Project Budget Summary: CDBG Funds Other Sources Total Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 1 of 2 $ 108,114.00 $ 108,114.00 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. Mayor Doug Bonebrake (Type) Name and Title of Chief Elected Official x [SEAL] Signature of Chief Elected Official State of Oklahoma County of Attest: Subscribed and sworn to before me , 20 Clerk Application Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Page 2 of 2 Date COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: ATTACHMENT A Itemized Description of Funding Source Funding Source Funding Source Total Project Construction Activity CDBG Grant City Other Expenditures Skate Park Enhancements $108,114.00 $ - Total Construction Activity Professional & Non Construction • Engineering /Architect Funds $ • Inspection Funds Other: Survey Other. Other: Total Professional & Non Const. $ - $ - $ - $ - Administrative Costs Public Administrative Funds $ - - - - - -- $ Direct Administrative Funds $ - - - - - -- Total Administrative Costs $ - $ - $ - Total Project Costs $0.00 $0.00 $0.00 $0.00 2011 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s) Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM Activity Name: ATTACHMENT B COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS OBTAINED FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE COLUMN Insert County Income Levels 33,250 38,000 42,750 47,450 51,250 55,050 58,850 62,650 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above I Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households 23 13 73 38 48 11 16 8 4 5 3 10 0 0 0 O Total Number of Occupied Households /Homes in Activity Target Area = 492 Total Number of Persons in Activity Target Area = 1,181 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 251 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 601 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 176 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 77.11% I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City -wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) Signature of Chief Executive Official [Seal] Subscribed and sworn to before me Commission N Community Development Block Grant (CDBG) 2011 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B Date 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 . My commission expires , 20 Clerk /Notary Signature Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. 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 x Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2011 Tulsa County Urban County Page I of 1 Date ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY Please attach Certified Professional Cost Estimates /Engineering Report (where applicable) See attached Cost Estimate from Project Engineer. ATTACHMENT E COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011 TULSA COUNTY URBAN COUNTY RESOLUTION 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 2011 -2013; and, NOW THEREFORE, BE IT RESOLVED by the that the City of 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 City Commission that the City of 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 day of , 2011, at a (regularly or specially) scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). (Type) Name and Title of Chief Elected Official Signature of Chief Elected Official Attest: Subscribed and sworn to before me Clerk Signature i (SEAL) Additional Description Owasso CDBG Project for 2011/12 The City of Owasso proposes to make improvements to its existing skate park by adding some permanent concrete features and a sun shade. The project will replace some of the moveable jumps and ramps that currently exist at the park. The project is located at the current location of the skate park, which is approximately 5th Street and South Main Street. to o o ® Y E o m 2a 3 �9 /az o y o. a° C7 z 'o m LO Lr ® ® ~a w o a fl� 8iilnuo38a>j ♦` 4 193rd 177th E N ao A � L O N O 45th Est ` t a` C7 r ` ett Min o emorial Shedd an \\ I Yale t r i