Owasso Joint Meeting (Owasso City Council, OPWA, and OPGA)

This meeting is a work session for Councll/ Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting RECEIVED C Tuesday, January 14, 2020 - 6: 00 pm J JAN 10 2020 , 1. Call to Order City Clerk' s Office Mayor /Chair Chris Kelley 2. Presentation and discussion relating to the FY 2019 Audit Mike Gibson, C. P. A. from RSM US, LLP Todd Ward, Audit Committee Chair Linda Jones 3. Discussion relating to Public Works Items Roger Stevens A. Application - FY 2023 Surface Transportation Program ( STP) Grant for the construction of roadway improvements on North 145th East Avenue from East 86th Street North to East 106th Street North B. Oklahoma Small Wireless Facilities Deployment Act and proposed regulation for locating in public rights -of -way and easement 4. Discussion relating to codification of the Owasso Code of Ordinances Julie Lombardi 5. Discussion relating to City Manager items Warren Lehr A. Vacancy - Capital Improvements Committee B. Monthly sales tax report C. City Manager report 6. City Councilor/ Trustee comments and inquiries 7. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, January 10, 2020. qnn M. Stevens, Ci lerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to i5tevens@cityofowasso. com  sd RPo . F 5 HEAl COmmunl y TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: Fiscal Year 2018 -19 Audit Report DATE: January 10, 2020 BACKGROUND: The City of Owasso' s Audit Committee and select members of City staff are scheduled to meet with Mike Gibson, C. P. A. from RSM US, LLP on January 14, 2020, to review the results of the annual audit. Members of the Audit Committee are Todd Ward, Chair; Robert Curfman, Vice Chair; Andrea O' Dell, Secretary; Kelly Lewis, Council representative, Jack Murray, member. Copies of the Comprehensive Annual Financial Report will be provided at the January 14, 2020, Worksession, and Mike Gibson, C. P. A. along with representatives of the audit committee will be in attendance to answer questions regarding the results of the FY 2018 -2019 audit. The Annual Financial Statement is prepared annually in accordance with generally accepted accounting principles as part of the state- required audit by an independent, certified and municipally licensed auditor. The Annual Financial Statement includes financial reports for the City, as well as, the Owasso Public Works Authority, Owasso Public Golf Authority, and the Owasso Economic Development Authority. In Owasso, the auditor reports to the Audit Committee established by the Council. The Audit Committee is responsible for overseeing the selection of the auditing firm and for ensuring the conduction of an annual audit in compliance with Oklahoma State Law and federal reporting requirements. Additionally, the audit committee meets with a representative of the auditing firm, independent of staff, to discuss any further questions or concerns regarding any audit findings. RSM US, LLP provided an unmodified opinion and found no deficiencies in internal control that were considered to be material weaknesses related to the audit for fiscal year 2018 -2019. Since Council action is not required for the acceptance or rejection of the financial statement audit, notice that the fiscal year 2019 audit has been completed and the FY 2018 -2019 Comprehensive Annual Financial Report has been received will be placed on the January 21, 2020, Council agenda. REAL Pooplo • REAL Chomclor • REAL CammuNty TO: The Honorable Mayor and Council FROM: H. Dwayne Henderson, P. E. City Engineer SUBJECT: Application for Surface Transportation Program Funds North 145th East Avenue, 861h Street North to 106th Street North Rehabilitation Project DATE: January 10, 2020 BACKGROUND: In November 2019, Indian Nations Council of Governments ( INCOG) opened applications for the FY 2023 Surface Transportation Program ( STP) funds. These funds are made available on an annual basis by the Federal Highway Administration ( FHWA), through the Oklahoma Department of Transportation ( ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. Until last year, road rehabilitation and reconstruction projects scored together, with the higher scoring projects being successfully funded. Reconstruction projects traditionally scored higher because the scoring favored projects in high growth areas. In 2018, INCOG opened a section of scoring for street rehabilitation projects. These projects will not be scored the same as capacity improvement projects, such as East 76th Street North Widening and Garnett Road Widening, due to their smaller budget needs. Rehabilitation projects are limited improvements within the existing road right -of -way, so the environmental impacts are minimal compared to a road widening project increasing capacity. North 145th East Avenue, 861h Street North to 1061h Street North is a project that qualifies for these funds. The original project was a two (2) lane county road that has been incorporated into the City of Owasso street maintenance system. The lanes have been widened in several areas to accommodate subdivisions like Preston Lakes, Camelot Estates and the Villages at Silver Creek. The project was constructed with asphalt surfacing, which has withstood many years of large traffic volumes ( as high as 10,000 vehicles per day) due to excellent construction of the subgrade and base material. However, after many years of service the asphalt surface course needs replacement. SURFACE TRANSPORTATION PROGRAM FUNDS: INCOG administers the grant funding and has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet federal regulations, help advance the Regional Transportation Plan through safety improvements, and reduce traffic congestion. Proposed projects are evaluated for eligibility and prioritized based on a 100 -point rating system. While the two project categories ( rehabilitation and capacity improvements) are scored and prioritized separately, they both compete for the total funding amount available. The total funding for projects is $ 15,000,000 for the FY 2022 -2023 funding year. $ 6,000,000 is designated to regional expressway system implementation, which leaves $ 9, 000, 000 for remaining projects. No single entity can receive more than a sum of $3, 000, 000 for any fiscal year for all projects. In November, 2019, INCOG solicited for STP funding applications with an application submittal deadline of January 17, 2020, and a resolution submittal deadline of February 19, 2020. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: Similar to the process utilized in obtaining federal funding assistance for previous STP projects, such as the East 861h Street North resurfacing project submitted last year, a resolution is necessary in order to complete the application process. The application will request federal funding assistance for the construction of the roadway improvements. If this project is selected in the spring of 2020, the funding for construction will be targeted in FY 2022 -2023 or sooner, depending on funding availability. CONCEPTUAL COST SUMMARY: North 145th East Avenue is considered a secondary arterial in Owasso. The roadway is heavily used and conveys residential, commercial, school and commuter traffic to and from Owasso. The proposed work for this section of roadway is to remove the surface course of pavement and replace it with a new surface course. The pavement will be restriped. Drainage will be improved by cleaning the existing drainage ditches for positive drainage. Based on the conceptual cost estimate, the anticipated cost for construction of the proposed roadway improvements is listed below. Construction administration ( testing, inspection and administration of pay applications) is equal to 10% of the construction fee. Budgeting another 15% for engineering, surveying, and geotechnical exploration, the estimated total project cost is 1, 717, 665. If authorized by the City Council, the City will pay for engineering design locally and request ODOT funding to contribute toward construction. ODOT funding for this project would be through the Surface Transportation Program, which would fund 80% of eligible construction costs, while the local government funds 20 %. Based upon this information, the following is a project estimate: Project Segment Estimate ODOT Portion* City of Owasso* Construction 1, 374, 124 1, 099, 299 274,825 Administration 137, 412 109, 930 27, 482 Utility Relocation N/ A N/ A N/ A Right -of -way N/ A N/ A N/ A Engineering 206, 119 N/ A 206, 119 Total Project Cost 1, 717, 665 1, 209,229 508, 426 PROPOSED ACTION: Staff intends to present this item for discussion at the January 14, 2020, Work Session with intent to have an item on the January 21, 2020, City Council agenda for consideration and action relating to a resolution requesting ODOT to consider the construction phase of the North 145th East Avenue street rehabilitation project as a candidate for federal funding assistance through the Surface Transportation Program. ATTACHMENTS: Resolution - Draft Location Map  CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2020 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE A RESOLUTION SUBMITTING AN APPLICATION FOR FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE NORTH 145TH EAST AVE, EAST 86TH STREET NORTH TO EAST 106TH STREET NORTH, RESURFACING PROJECT WHEREAS, Surface Transportation Program Urbanized Area funds have been made available for transportation improvements within the Tulsa Transportation Management Area; and WHEREAS, The City of Owasso has selected a project described as follows: The rehabilitation of North 145th East Ave, East 86th Street North To East 106th Street North Resurfacing Project, Owasso, Oklahoma; and WHEREAS, the selected project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and WHEREAS, the engineer's preliminary estimate of cost is $ 1, 717, 665, and Federal participation under the terms of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( SAFETEA -LU) relating to Surface Transportation Program Urbanized Area funds are hereby requested for funding of 71% of the project cost 7, 209, 229); and WHEREAS, the City of Owasso proposes to match Owasso Sales Tax ( Fund 39 Streets Sales Tax) for the $508,426 balance of the project costs; and WHEREAS, the City of Owasso will arrange a qualified ENGINEER licensed in the state of Oklahoma to furnish professional services in the preparation of detailed plans, specifications and estimates; and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, and to furnish the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within thirty (30) days after approval by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED: That the Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area; and  BE IT FURTHER RESOLVED: That upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the same to the Federal Highway Administration for its approval. NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of Owasso. ADOPTED this 21st day of January, 2020. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: 4  WAS50_ 0 REAL People REAL Charactor REAL CR• RWRRy TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Small Cell Wireless Facilities Deployment Proposed Ordinance and Fee DATE: January 10, 2020 BACKGROUND: In February 2018, the Oklahoma Small Wireless Facilities Deployment Act ( SB1388) was introduced and signed into law in April 2018. The Act outlines procedures and rules for deploying and collocating small cell equipment in public rights -of -way. The bill also establishes a permitting process for small cell deployments. Small cell facilities cover a smaller, targeted, localized area to provide 5G connectivity to wireless network subscribers in areas that typically present capacity and coverage challenges with traditional wide -area wireless networks. Small cell facilities are smaller in size and thus are more conducive for placement on an existing support structure or installation on a single private utility pole erected for the sole or primary purpose of supporting a small cell facility. PROPOSED ORDINANCE: Per the Oklahoma Small Wireless Facilities Deployment Act, the wireless providers are allowed to install their small cell facTties in residential and commercial areas as long as they utilize a public right -of -way or easement. In addition, the pole material selected for each site is vague and does not clarify who has the authority to select such material. As a result, City staff is proposing an ordinance which would allow staff to regulate the permitting, placement and aesthetics of the new cellular equipment. Following is a summary of the proposed rules and regulations within the ordinance: Small cell supporting structures shall be located a minimum of five- hundred ( 500) feet from any other small cell supporting structure; Small cell facilities and supporting structures shall be set back from any road surface or curb no less than three (3) feet; Small cells and supporting structures shall be designed to blend into the surrounding environment through the use of material, color, camouflaging and architectural treatment; Small cell facilities shall not exceed fifty (50) feet in height; The use of any portion of a small cell facility or supporting structure for advertising or signs other than warning or equipment information signs is prohibited; Application Requirements ( see proposed ordinance) PROPOSED FEE: As stated in the Oklahoma Small Wireless Facilities Deployment Act, municipalities have the ability to charge an application fee, permit fee and for access to right -of -way and public easement for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility. The proposed fee per pole is $ 250. 00, which is in accordance with state law. ATTACHMENTS: Draft Ordinance Small Cell Tower Image  CITY OF OWASSO, OKLAHOMA ORDINANCE 2020 -XX AN ORDINANCE AMENDING PART 17, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, BY ESTABLISHING A NEW CHAPTER, TITLED SMALL CELL FACILITIES AND PROVIDING FOR THE PERMITTING, REQUIREMENTS, AND REGULATION OF SMALL CELL NETWORK FACILITIES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE ( 1): Part 17, Utilities, is hereby amended to include Chapter 6, Small Cell Facilities, Sections 17 -601 through 17 -607, shall be enacted into the Code of Ordinances of the City of Owasso, and shall read as follows: SECTION 17 -601 DEFINMONS Collocation - the mounting or installation of transmission equipment on an existing support structure for the purpose of transmitting and /or receiving radio frequency signals for providing telecommunication services. Decorative Pole - an authority pole that is specially designed and placed for aesthetic purposes, and on which no appurtenances or attachments, other than a small cell facility or specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal rules or code. Small Cell Facility - a low-powered wireless base station which functions much in the some way as larger cells in a wide -area, mobile wireless network that are typically installed relatively high on a telecommunications tower, to provide signal coverage to a large geographic area. Small cells facilities cover a smaller, targeted, localized area to provide connectivity to wireless network subscribers in areas that typically present capacity and coverage challenges to traditional wide -area wireless networks. Small cell facilities are smaller in size and thus are more conducive to collocation on an existing support structure or installation on a private utility's, single -use utility pole erected for the sole or primary purpose of supporting a small cell facility. Utility Pole - a long, slender, generally vertical and usually cylindrical object, other than a telecommunications tower, that is or may be used in whole or in part by a public or private utility for wireline, wireless or optical telecommunications, electrical distribution, lighting, traffic control, signage or similar functions. SECTION 17 -602 INTENT AND PURPOSE OF WIRELESS TELECOMMUNICATION REGULATION The City declares that by the promulgation of these land use regulations governing wireless telecommunications facilities, its intent and purpose is to exercise its constitutional authority to regulate matters of local concern and public right -of -way within its boundaries consistent with the above -cited federal and state authorities on property owned by the City, without prior City Council approval and an associated lease agreement or permit; and within any publicly owned or dedicated right -of -way or easement. Ordinances within this chapter pertaining to wireless telecommunications facilities, are enacted pursuant to the following authorities: 1) Oklahoma Constitution Article 18, Section 7, which provides that no grant, extension, or renewal of any franchise or other use of the streets, alleys, or other public grounds or ways of any municipality, shall divest the State, .or any of its subordinate subdivisions, of their control and regulation of such use and enjoyment.' 2) The Telecommunications Act of 1996, Pub. LA. No. 104 - 104, 110 Stat. 56 1996), as amended, which, in part regulates personal wireless telecommunications services and facilities. 3) Title 47 United States Code, Section 332( c)( 7),. which preserves to the City of Owasso the authority to regulate the placement construction , and modification of personal wireless service facilities, provided that such regulations do not unreasonably discriminate among providers or prohibit or have the effect of prohibiting the provision of personal wireless services. 4) Title 47 United State Code, Section 224, which exempts the City of Owasso and the Owasso Utilities Authority from any obligation to permit pole attachments to any pole, duct, conduit or rights -of -way controlled by them. 5) Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 i. e., the Spectrum Act "),codified as 47 United States Code, Section 1455, which mandates that a State or local government approve certain wireless broadband facilities siting requests for modifications and collocations of wireless transmission equipment on an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. 6) The Federal Communications Commission's 2009 Declaratory Ruling, 24 FCC Rcd. 13994 ( F. C. C.), 24 F. C.C. R. 13994, FCC 09 99, Federal Communications Commission Report and Order, FCC- 14 -153A 1 Rcd, FCC 14 - 153, adopted October 21, 2014, and Title 47 Code of Federal Regulations (CFR), Section 1. 40001 ( c) (2) SECTION 17403' APPLICATION REQUIREMENTS The special exception process, as set forth in the Owasso Zoning Code, shall be applicable to new small cell facilities. All new small cell facilities, the collocation of small cell facilities on an existing supporting structure, and the modification of an existing small cell facility shall include in their applications the information and documentation required in this section. An application shall be on a form furnished by the City which shall include, but not be limited to the following: 1) A typewritten and electronic /digital copy of the legal description of the subject property; 2) A copy of any existing or proposed restrictive covenants on the subject property, if applicable; 3) A nonrefundable filing fee to be set by Resolution of the City Council; 4) A site plan, drawn to an appropriate scale and containing, at a minimum, the following: a. The location and distance to the nearest adjacent residential, office, or commercial structure to the site; b. The location of existing or proposed above and underground public utilities , including the depth of underground utilities, the height ( accounting for seasonal variances) of overhead utility wires and the closest distance the proposed small cell facility and its supporting structure and other telecommunications facilities will be to any existing or proposed above and underground utility; 5) The location of the proposed small cell facility and any supporting structure and other telecommunications facilities — by longitude and latitude ( degrees, minutes and seconds) and approximate street address, the distance to the nearest, abutting road surface, curb and sidewalk the nearest utility poles the proposed site is between, and the nearest existing small cell supporting structures located within 1, 000 feet, 6) The height of the small cell facility and its supporting structure above ground level in feet and meters, including any top mounted attachments, such as antennae and lightning rods, 7) The dimensions of the site, including easements and rights -of -way, and location with respect to streets and adjacent properties 8) The location of the small cell facility, or other telecommunications facilities by longitude and latitude ( degrees, minutes and seconds) and distance to each property line of the site: 9) The location and dimensions of any buildings or other structures located on the site, 10) The use of the subject property,• 11) The location, and use of abutting or adjoining properties, 12) The location of existing and proposed public utilities; 13) The type of supporting structure, self -supporting lattice, monopole, utility pole or other,• 14) A detailed description of the project, including but not limited to: purpose, technical and functional use of the facility, how the facility will close a significant gap in telecommunications coverage, competent evidence that collocation of facilities on an existing or other supporting structure is not feasible, and how the facility is designed to blend into the surrounding environment; 15) Photographs attached to the application including: a. Photographs taken from the supporting structure site, with views from the proposed location in all directions. The direction ( e.g., north, south, etc.) shall be indicated on each photograph and, as a group, should present a complete ( 360 degree) view of the area around the supporting structure and its accompanying telecommunications facilities; and b. Aerial photograph (s) of'tho site and its abutting or adjoining properties. 16) if for a collocation or modification, the identification of any previously approved permit for the supporting structure requested to be used. SECTION 17 -604 ` REQUIREMENTS Small cell facilities;, including their collocation, modification and their supporting structures may be permitted within any public right -of -way or easement regulated by the City of Owasso, only by the grant of a right -of -way occupancy permit. No small cell facility shall be collocated on a utility pole owned by a municipal public utility or other infrastructure owned by a public utility, except as authorized and governed by a lease, license or permit approved by the public utility. As such, they shall be exempt from the requirements of this section. Unless otherwise permitted by special exception any antenna, including exposed elements, shall not exceed a volume of three ( 3) cubic feet. Ancillary equipment such as any the supporting utility pole or structure, electric meters, concealment elements, telecommunications demarcation box, ground -based enclosures, grounding equipment power transfer switches, cut -off switches, and vertical cable runs for the connection of power and other services are not included in this equipment volume calculation. Unless otherwise permitted by special exception, the siting of any new small cell facility located within any public right -of -way or easement regulated by the City of Owasso or a public trust with the City as its beneficiary, shall be subject to the following regulations: 1) Small cell supporting structures shall be located a minimum of five -hundred 500) feet from any other small cell supporting structure located on the same side of the street. This distance shall be measured in a straight line from the nearest point of each supporting structure, located at surface grade. 2) Supporting structures located between any existing utility poles shall be sited equidistant between them, within ten.( 10) percent variance of the total distance. This distance shall be measured in a straight line from the nearest, point of each utility pole, located at surface grade. 3) Small cell facilities and supporting structures shall be set back from any road surface or curb no less than three. (3) from any road surface or curb. 4) Small cell facilities and their supporting structures shall be located where there is no encroachment into any existing or planned corner sight triangles or sight line triangles. Supporting structures shall not interfere with any safe sight distances or otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation, maintenance, or repair of any public utility. 5) The supporting structures of small cell facilities shall be set back a distance equal to at least 116% of the height of the facility, including its supporting structure, from any adjacent residential, office, or commercial structure. Small cell facilities including their support structures shall not exceed fifty (50) feet in height measured at grade; provided that in no event shall any small cell facilities with their support structures exceed 110% of the tallest existing utility pole located within 500 feet along the same street. This distance shall be measured in a straight line from a small cell facility's supporting structure the nearest point of any utility pole, located at surface grade. Small cells and supporting structures shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, so as to make the antenna and related equipment as visually unobtrusive as possible. Small cells and supporting structures shall not be illuminated by artificial means and may not display strobe lights unless federal or state authorities expressly require such lighting. When incorporated into the approved design of a supporting structure, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the supporting structure. The use of any portion of small cells and supporting structures for advertising or signs other than warning or equipment information signs is prohibited. Small cells and supporting structures shall be constructed in compliance with all applicable federal and state statutes and regulations and all applicable ordinances of the City, including but not limited to all building, electrical and mechanical codes adopted by the city or state. SECTION 17 -605 REQUESTS FOR MODIFICATION OF EXISTING FACILITY The City may not deny, and shall approve, any eligible facilities request for a modification of an existing small cell facility that does not substantially change the physical dimensions of such facility. Cumulative modifications substantially change the physical dimensions of a small cell facility, if it meets any of the following criteria: 1) Supporting structures outside of public rights -of -way or easements that increases the height of the structure by more than ten percent ( 105ro), or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater 2) Supporting structures in rights -of -way or easement and for all small cell facilities that increases the height of the structure or facility by more than ten percent ( 10 %) or ten ( 10) feet, whichever.is greater, 3) Supporting structures in the rights -of -way and for all small cell facilities that protrudes from the edge of the structure more than three (3) feet,• 4) Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; 5) Entails any excavation or deployment outside the current site of the tower, support structure or small cell facility; 6) Would defeat the existing concealment elements of the tower, supporting structure or small cell facility,' or 7) Does not comply with conditions associated with the prior approval for construction or modification of the small cell facility unless the noncompliance is due to an increase in height increase in width, addition of cabinets, or new excavation that does not exceed the corresponding " substantial change" thresholds identified above. SECTION 17 -606 APPLICATION REVIEW PERIODS The City shall complete its review and approve or deny a completed application for 1) Modification of an existing small cell facility that does not substantially change the physical dimensions of such tower or facility within sixty ( 60) days of the date such an application is received. 2) Collocation of small cell and other telecommunication facilities on any existing supporting structure within ninety ( 90) days of the date such an application is received, and  3) Construction or installation of small cell facility, and all other telecommunications facilities within one hundred fifty ( 150) days of the date such an application is received. The City may toll the running of the sixty (60), ninety (90) or one hundred ( 150) days if it notifies the applicant within thirty (30) days of submission that its application is incomplete. The timeframes begin to run when an application is first submitted, not when it is deemed complete by the City. A determination of incompleteness tolls the timeframes only if the City provides notice to the applicant in writing within thirty ( 30) days of the application's submission, specifically delineating all missing information, and specifying the code provision, ordinance, application instruction, or otherwise publicly stated procedures that require the information to be submitted. Following an applicant's submission in response to a determination of incompleteness, the City may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first thirty ( 30) days. The timeframes begin to run again when the applicant makes its supplemental submission; provided that the timeframes may be tolled again if the City notifies the applicant within ten ( 10) days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information. These timeframes may be extended beyond the sixty ( 60), ninety ( 90) or one hundred ( 150) days by mutual consent of the applicant and the City. SECTION 17 -607 DETERMINATION OF APPLICATION Upon denial or approval of an application for collocation, construction or installation of small cell facility and all other telecommunications facilities, or modification of an existing facility, the City shall adopt a written determination which clearly states the basis for the decision to approve or deny an application. If an application is denied, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of the public meeting in which the application was denied. If the City fails to approve or deny an application seeking approval of modification of an existing small cell facility within the timeframe for review, accounting for any tolling, the request shall be deemed granted; provided that the deemed granted shall not become effective until the applicant notifies the City in writing after the review period has expired, accounting for any tolling, that the application has been deemed granted. If the City does not act upon any application for collocation, construction or installation of a small cell facility, within their prescribed timeframes, then the applicant may seek redress in a court of competent jurisdiction within thirty ( 30) days. SECTION SEVEN ( 7): SEVERABILITY If any section, sentence, clause or phrase of this ordinance or any part of it is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part of it. SECTION EIGHT ( 8): CODIFICATION The Chapter and Ordinances above shall be amended and codified in Part Seventeen ( 17), Utilities, Chapter Six ( 6), Small Cell Facilities, of the Owasso Code of Ordinances. SECTION NINE ( 9): REPEALER All ordinances, or parts of ordinance, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION TEN ( 10): FILING OF ORDINANCE That there shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this ordinance. SECTION ELEVEN ( 11): 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. PASSED by the City Council of the City of Owasso, Oklahoma on the _ day of 2020. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk SEAL) APPROVED as to form and legality this day of , 2020. Julie Lombardi, City Attorney F- oil REaL PaapIO REALC odor -REAL Cammunlly TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Resolution 2020 -XX Authorizing Codification of the Owasso Code of Ordinances DATE: January 10, 2020 BACKGROUND: State statutes require municipalities to periodically authorize codification of the city' s ordinances 11 O. S. § 14 -108), and further require a municipality to compile and publish the city' s penal ordinances every ten ( 10) years ( 11 O. S. § 14 - 109). This process necessitates that the Owasso Code of Ordinances be printed and distributed to the Tulsa County and Rogers County law libraries as well as made available in the City Clerk' s office. In addition, a resolution authorizing codification must be approved by the City Council and filed with the County Clerk in Tulsa County and Rogers County, Staff intends to recommend approval of a resolution confirming codification of the Owasso Code of Ordinances and providing public notification of the same. ATTACHMENT: Proposed Resolution 2020 -XX  CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2020 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, CONFIRMING CODIFICATION OF THE OWASSO CODE OF ORDINANCES; NOTIFYING THE PUBLIC OF THE CODIFICATION; AND CONFIRMING PUBLICATION OF THE CODIFICATION IN ACCORDANCE WITH STATE STATUTE WHEREAS, codification of the Code of the City of Owasso was recently completed; and WHEREAS, all revisions to the Code of Orc d by the City Council of a general and permanent nature since the prior included in the codified document; and WHEREAS, codification has been c6mple ted in compliance with Oklahoma State Statutes and best practices for municipal codes; and WHEREAS, codification has been made to the general public upon request at a reasonable cost in the Office Clerk in accordance with applicable law; and WHEREAS, the codified document has `been „provided to the County Law Libraries of Tulsa County and Rogers County in accordance with applicable law. NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT the codification of the Owasso Code of Ordinances is hereby confirmed. E, BE;1T FURTHER RESOLVED THAT the public is hereby notified of the NOW, THEREFORE,' BE IT FURTHER RESOLVED THAT the codification has been published in accordance with state law, that the Clerk of the City of Owasso has disseminated hard copies of the codification, that a hard copy of the Code of Ordinances is kept on file in the Office of the Clerk, and that a copy of the Code of Ordinances has been filed with the County Law Libraries of Tulsa County and Rogers County. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT following approval, a copy of this Resolution will be filed with the Tulsa County Clerk and the Rogers County Clerk. PASSED AND APPROVED this 21st day of January, 2020. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk 1 Approved as to form and legality: Julie Lombardi, City Attorney  REAL P¢ op Total Monthly Sales Tax Comparisons 4,000,000 3, 500, 000 3, 000,000 2, 500,000 2, 000,000 1, 500, 000 1, 000, 000 500, 000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Jun May Actual - -- t — Budget o- -- Last Year Year -to -Date Sales Tax Totals 40, 000,000 35, 000, 000 - -- - - - -- -- -- — . o 30,000, 000 25,000, 000 '} lX .- 20,000, 000 15, 000, 000 10, 000,000 5, 000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Jun May t Actual — w --Budget last Year City of Owasso Total Monthly Sales Tax Revenues Last Five Fiscal Years 2019 -2020 2018 -2019 2017 -2018 2016 -2017 2015 -2016 Jul 3, 005, 671 2, 998, 609 2, 856, 618 2, 458, 012 2, 411, 619 Aug 2, 968, 434 2, 920, 263 2, 835, 784 2, 350, 922 2, 301, 806 Sep 2, 969, 838 2, 810, 048 2, 687, 213 2, 290, 655 2,307, 955 Oct 3, 067, 281 2, 899, 646 2, 670, 945 2, 292, 548 2,346, 839 Nov 2, 855, 219 2, 753, 335 2, 764, 781 2, 296, 775 2, 159, 987 Dec 3, 105, 262 2, 858, 066 2, 741, 992 2, 242, 747 2, 525, 751 Jan 3, 399, 527 3, 330, 435 3, 136, 816 2, 657, 262 2, 598, 361 Feb 3, 132, 584 3, 091, 385 2, 498, 036 2, 620, 008 Mar 2, 523, 512 2, 507, 808 2, 436, 309 2, 053, 981 Apr 2, 723, 563 2, 621, 904 2, 557, 997 2, 383, 118 May 2, 945, 503 2, 935, 547 2, 810, 748 2, 381, 072 Jun 3, 046, 140 2, 717, 252 2, 715, 777 2, 259, 636 21,21, 371,371, 233 $ 233 $ 34,34, 941,941, 703 $ 703 $ 33,33, 568,568, 047 $ 047 $ 29,29, 607,607, 789 $ 789 $ 28,28, 350,350, 133133 SalesSales taxtax increaseincrease fromfrom 3.3. 5% 5% toto 4.4. 05% 05% ( ( 551100)551100) forfor street improvements.improvements. City of Owasso Total Sales Tax Report Budget to Actual Comparison January 9, 2020 2019 -20 2019 -20 Actual Collections Budget Projections Over ( Under) Projection Amount Percent Amount Percent Amount Percent Jul 3, 005, 671 8. 5% 3, 020, 685 8. 5% 15, 014) 0. 5% Aug 2, 968, 434 8. 4% 2, 969, 518 8. 4% 1, 084) 0. 0% Sep 2, 969, 838 8. 4% 2, 836, 012 8. 0% 133, 826 4. 7% Oct 3, 067, 281 8. 7% 2, 902, 977 8. 2% 164, 304 5. 7% Nov 2, 855, 219 8. 1% 2, 817, 637 8. 0% 37, 582 1. 3% Dec 3, 105, 262 8. 8% 2, 889, 045 8. 2% 216, 217 7. 5% Jan 3, 399, 527 9. 6% 3, 336, 425 9. 4% 63, 102 1. 9% Feb Mar Apr May Jun Totals 21, 371, 233 60. 5% 20, 772,299 58. 8% 598, 934 2. 9% City of Owasso Total Sales Tax Report Two Year Comparison January 9, 2020 2019 -20 2018 -2018 - 1919 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent Jul 3, 005, 671 8. 5% 2, 998,609 8. 6% 7, 063 0. 2% Aug 2, 968, 434 8. 4% 2, 920,263 8.4% 48, 171 1. 6% Sep 2, 969, 838 8. 4% 2, 810, 048 8. 0% 159, 791 5. 7% Oct 3, 067, 281 8. 7% 2, 899, 646 8. 3% 167, 635 5. 8% Nov 2, 855,219 8. 1% 2, 753, 335 7. 9% 101, 884 3. 7% Dec 3, 105, 262 8. 8% 2, 858, 066 8.2% 247, 196 8. 6% Jan 3, 399, 527 9. 6% 3, 330, 435 9. 5% 69, 092 2. 1% Feb Mar Apr May Jun Totals 21, 371, 233 60. 5% $ 20, 570, 401 58. 9% $ 800, 832 3. 9% Note: Fiscal Year 2020 Sales Tax Budget is $ 35. 344 million; FYI budget was $ 34. 175 million. City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2019 -2020 2018 -2019 2017 -2018 2016 -2017 2015 -2016 Jul 224, 427 107, 929 131, 532 82, 565 72, 360 Aug 213, 728 134, 957 115, 912 86, 552 96,428 Sep 258, 541 237, 044 126, 135 87, 371 122, 962 Oct 211, 009 177, 983 146, 402 86,713 106, 846 Nov 212, 040 151, 865 139, 772 80, 855 91, 876 Dec 226, 537 193, 866 128, 876 84, 107 113, 941 Jan 280, 550 265, 379 205, 110 127, 549 86, 358 Feb 290, 595 166, 541 106, 593 102, 681 Mar 140, 226 134, 603 99, 853 61, 748 Apr 173, 422 112, 614 101, 930 78, 834 May 201, 224 119, 189 123, 116 92, 867 Jun 192, 601 137, 552 114, 846 96, 434 1,1, 626,626, 831 $ 831 $ 2,2, 267,267, 091 $091 $ 1,1, 664,664, 238 $ 238 $ 1,1, 182,182, 051 $051 $ 1,1, 123,123, 335335 IncreaseIncrease inin salessales taxtax raterate fromfrom 3.3. 5% 5% toto 4.4. 05% 05% MarchMarch 20172017 IncreaseIncrease inin salessales taxtax revenuerevenue fromfrom taxationtaxation ofof internetinternet salessales beginningbeginning MayMay 20172017 Fiscal Year 2020 Use Tax Budget is $ 2, 380, 446