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

TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Chris Garrett Assistant City Manager SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement DATE: September 8, 2022 BACKGROUND: In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Small Business Enhancements. Beginning July 1, 2019, Small Business Enhancements may be available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. The plan requires a Review Committee to evaluate the application for compatibility with the Project Plan and the Downtown Overlay District Plan. Upon recommendation by the Review Committee, a business enhancement agreement is presented to the OPWA for consideration and approval. APPLICATION: As part of the Economic Development contract, the Owasso Chamber of Commerce facilitates TIF application submittals. On August 17, 2022, Ms. Feary (Chamber President and CEO) presented an application for SAJAR Properties, for a Small Business Enhancement on an existing property located on 118 South Main Street. The project appears to meet the criteria set forth in the adopted Owasso Redbud District TIF Project Plan and Policy Guide. As established by the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement by the OPWA at the completion of the approved improvements for 50% of the actual amount expended; however, the amount of reimbursement shall not exceed $1,500.00. The applicant anticipates the façade enhancements to total $158,890.00. During the August 17, 2022 meeting, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. The application and supporting materials were sent to the Center for Economic Development Law (CEDL), the firm that represents the City of Owasso on issues involving the Tax Increment District. CEDL returned the attached contract for consideration. FUTURE ACTION: Staff intends to present the application for consideration at the September 20, 2022 OPWA meeting, and an item has been placed on the September work session agenda for discussion.  TIF Page 2 ATTACHMENTS: Business Enhancement Agreement with SAJAR Properties Correspondence from Owasso Chamber of Commerce dated August 15, 2022  SMALL BUSINESS ENHANCEMENT AGREEMENT Business Owner: Sajar Properties [Complete Legal Name] Address of Business: 1819 E. 46th Pl. Tulsa, OK 74105 Approved Amount of Development Assistance: $1,500.00 Approved Improvements/ Use of Funds: As described in the approved Application for Small Business Enhancement (see Exhibit A), subject to the following limitations or restrictions, if any: N/A This Small Business Enhancement Agreement (this “Agreement”) is entered into as of _______________, 20_____, by and between the Owasso Public Works Authority, a public trust (“Authority”) having a mailing address of 200 S. Main Street, Owasso, Oklahoma 74055, and Business Owner, with respect to the following: (a) On December 20, 2016, the Owasso City Council (“City Council”) adopted Ordinance No. 1093 which approved the Owasso Redbud District Project Plan, established the Project Area, and created Increment District No. 1, City of Owasso, an ad valorem and sales tax increment district (“Increment District No. 1”), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq., as thereafter amended from time to time (“Project Plan”); (b) The Project Plan supports the City of Owasso’s efforts to achieve its development objectives for area surrounding Main Street, known as the Redbud District, and envisions, among other things, the revitalization of the Redbud District as a destination are for residents and visitors, through promoting smart development in the area and providing for robust branding; (c) The Business Owner desires to enhance the exterior of the structure in which its business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business; (d) Pursuant to the Policy Guide adopted by City Council to assist in implementing the Project Plan (“Policy Guide”), assistance in development financing in the form of Small Business Enhancements, in an amount not to exceed $1,500.00, may be available to any retail, restaurant, or personal service small business within Increment District No. 1 to assist the business in  improving the appearance of the physical exterior or exterior elements of the property where the business is located; (e) Pursuant to the Policy Guide, a Small Business Enhancement may not exceed a fifty percent (50%) match of the cost of the approved improvements; (f) The Application Review Committee (“Committee”) has reviewed the Application of the Business Owner for Small Business Enhancements, a copy of which is attached as Exhibit A (“Application”), as described in the Policy Guide; and (g) The Committee recommended approval of the Business Owner’s Application to the Board of Trustees of the Authority (“Board”), finding that the Business Owner’s proposal meets the objectives of the Project Plan; and (h) The Authority has agreed to provide assistance in development financing in the form of a Small Business Enhancement in the amount set forth above (“Development Assistance”) to and for the benefit of the Business Owner, in order to assist Business Owner with the improvements described in the Application and approved by the Committee (“Approved Improvements”), subject to the terms and conditions set forth herein. NOW, THEREFORE, the Authority and Business Owner agree as follows: 1. Purpose. The Development Assistance shall be used by Business Owner solely for the Approved Improvements described in the Application, as limited or restricted above, and may not be used for any other purpose(s) without the prior written consent of the Authority. 2. Documentation of Use of Funds; Reporting. Business Owner shall maintain records and receipts of all transactions and expenditures paid for the Approved Improvements and shall remit complete and accurate copies of such records and receipts to the Authority. All records and receipts shall be available to the Authority for monitoring and reporting purposes. 3. Payment of Development Assistance. Upon completion of the Approved Improvements, the Authority agrees to reimburse the Business Owner in the lesser amount of: (a) the Development Assistance, or (b) fifty percent (50%) of the actual amount expended by the Business Owner on the Approved Improvements. Documentation of all expenses related to the Approved Improvements must be provided to the Authority, and a physical inspection of the Approved Improvements by a designated representative of the Authority must occur, prior to any reimbursement by the Authority. 4. Notices. All notices required or permitted herein must be in writing and shall be sufficient if delivered personally, mailed by certified or registered mail, return receipt requested, postage and charges prepaid, to the other party at the address, as applicable, set forth on the first page of this Agreement, or to such other telecopier number or address, as applicable, or in electronic format, as any party hereto may designate to the other from time to time for this purpose. All notices shall be deemed received when delivered personally, when confirmed to you or, if mailed, within three (3) days (excluding Sundays and holidays and any other days on which mail is not delivered) after being mailed. 2  5. Integrated Agreement. This instrument, along with all attachments and exhibits, contains and constitutes the entire agreement between the parties herein relating to the subject matter hereof and there are no agreements, understandings, restrictions, warranties or representations among the parties relating to the subject matter hereof other than those set forth herein. This instrument is not intended to have any legal effect whatsoever, or to be a legally binding agreement, or any evidence thereof, until it has been signed by both parties hereto. 6. Construction. This Agreement shall be construed, enforced and governed in accordance with the laws of the State of Oklahoma. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter gender thereof or to the plurals of each, as the identity of the person or persons or the context may require. The descriptive headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision contained herein. 7. Invalidity. If any provision contained in this Agreement shall for any reason be held to be invalid, illegal, void or unenforceable in any respect, such provision shall be deemed modified so as to constitute a provision conforming as nearly as possible to such invalid, illegal, void or unenforceable provision while still remaining valid and enforceable, and the remaining terms or provisions contained herein shall not be affected thereby. 8. Binding Effect. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and each party’s successors and assigns. 9. Counterpart Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but each of which together shall constitute but one and the same instrument. 10. Amendment and Waiver. This Agreement may be amended at any time, but only by an instrument in writing executed by both parties hereto. A party hereto may waive any requirement to be performed by the other party, provided that such waiver shall be in writing and executed by the party waiving the requirement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above set forth. AUTHORITY: OWASSO PUBLIC WORKS AUTHORITY a public trust By: Chair BUSINESS OWNER: SAJAR PROPERTIES By: Anita Saiymeh Title: Owner 3  EXHIBIT A [Attach Business Owner’s executed application] 1 To: City of Owasso TIF Application Review Committee From: Chelsea L. Feary, IOM, CEcD, MPA President/CEO – Owasso Chamber of Commerce Subject: Sajar Properties Small Business Enhancements Application Date: Monday, August 15, 2022 BACKGROUND: In April 2022, Anita Saiymeh, owner of Sajar Properties visited with me about the application process for assistance in development financing in Owasso’s TIF District No. 1. Ms. Saiymeh is the owner of the multi-tenant commercial development located in the Redbud District in Owasso. Following our conversation, I advised her the project was eligible for Small Business Enhancements based on the description and estimated costs of improvements to the exterior structure of the development. It also meets the design and density standards as adopted by the City of Owasso in the Downtown Overlay District Plan. Ms. Saiymeh submitted her application to me on Wednesday, August 10, 2022, for Small Business Enhancements to the multi-tenant commercial development located at 118 South Main Street. The proposed enhancements to the commercial development include exterior renovations. The total Project Costs are $158,890. The impact of the renovation could increase traffic, sales, and beautification to the Redbud District. The proposed improvements will increase the value of the property making it more attractive to current and future tenants. The proposed source of funds will come from Bank of Oklahoma and personal funds. Ms. Saiymeh has provided a copy of contractor invoice and a conceptual of the renovation. They are ready to begin construction at any time. RECOMMENDATION: The Sajar Properties application for Small Business Enhancements meets the objectives in the Owasso Redbud District Project Plan Increment District No. 1 and is being recommended to the City of Owasso TIF Application Review Committee for review and approval to move forward the Owasso City Council. TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP City Planner SUBJECT: Annexation (OA 22-01)– Right-of-Way along 116th Street North DATE: September 9, 2022 BACKGROUND: The Community Development Department is submitting for City Council consideration and action the annexation of property located along 116th Street North, between Garnett Road and North 129th East Avenue. The subject property is composed entirely of City-owned right-of-way parcels, comprising approximately 6.35 acres of land. The subject property is zoned both Agriculture (AG) and Commercial Shopping (CS) within Tulsa County. SUBJECT PROPERTY/PROJECT DATA: Property Size 6.35 acres +/- Agriculture (AG); Commercial Shopping (CS) Current Zoning (In Tulsa County) Proposed Zoning Upon Annexation Agriculture (AG) Land Use Master Plan N/A Within PUD? No Within Overlay District? No Water Provider City of Owasso; Washington County Rural Water District # 3 Applicable Paybacks N/A (assessed at Platting) ANALYSIS: • The subject property is comprised of seventeen (17) individual parcels of City-owned right-of-way. All individual parcels are contiguous with the current Owasso City limits. • All of the parcels will be used as public right-of-way containing roadway, sidewalks, and utilities. The parcels are not “developable”. • Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation, retains the County’s corresponding zoning designation under the Owasso Zoning Code, or seeks a concurrent rezoning based on what the GrOwasso 2035 Land Use Master Plan prescribes. o In this case, the City staff is requesting the subject property be annexed and assigned a zoning of AG by default, pursuant to Oklahoma State Statute. • The GrOwasso 2035 Land Use Master Plan does not identify a future land use designation for the subject property, as it is right-of-way. • The City is seeking to annex these right-of-way parcels, as the 116th St Widening Project for this street corridor is set to begin in the near future. All of the parcels comprising the subject property will be involved in said City-led construction project.  Page 2 OA 22-01 • The City of Owasso will provide police, fire, and ambulance services to the property upon annexation. SURROUNDING LAND USE: Direction *Zoning Use *Land Use Plan Jurisdiction Agriculture-Residential (AG- Commercial; Retail; R); Commercial Shopping Residential; Tulsa County; North Residential; (CS); Public Facilities (PF); Transitional; City of Owasso Vacant Agriculture (AG) Public/Institutional Agriculture-Residential (AG- Commercial; Retail; R); Commercial Shopping Residential; Tulsa County; South Residential; (CS); Public Facilities (PF); Transitional; City of Owasso Vacant Agriculture (AG) Public/Institutional Agriculture-Residential (AG- Commercial; Retail; R); Commercial Shopping Residential; Tulsa County; East Residential; (CS); Public Facilities (PF); Transitional; City of Owasso Vacant Agriculture (AG) Public/Institutional Agriculture-Residential (AG- Commercial; Retail; R); Commercial Shopping Residential; Tulsa County; West Residential; (CS); Public Facilities (PF); Transitional; City of Owasso Vacant Agriculture (AG) Public/Institutional *Because the subject property is comprised of multiple individual parcels, the adjacent Zoning/Land Use Designation for each individual parcel will vary. PLANNING COMMISSION: The Owasso Planning Commission will consider this annexation request at their regular meeting on September 12, 2022. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Property Exhibit  N 118TH E AVE N 121ST E AVE E 122ND ST N E 1 2 1ST CT N N 125TH E AVE E 121ST ST N N 113TH E AVE E 120TH ST N N 126TH E AVE E 119TH ST N N 112TH E AVE N 115TH E AV E E 117TH ST N SUBJECT TRACT E 11 7 TH ST N E 116th ST N E 115TH PL N E 115TH ST N N 123RD E AVE E 114TH PL N E 114TH ST N E AV E N 1 20TH E 113TH PL N N 121ST E AVE E 113TH ST N E 113TH ST N N GARNETT RD N 126TH E AVE E 112TH PL N N 118TH E AVE E 111TH ST N E 110TH CT N E 110TH PL N N 120TH E AVE N 121ST E AVE N 118TH E AVE E 110TH ST N E 110TH ST N o Note: Graphic overlays may Subject OA 22-01 05 21-14 & 0 175 350 700 not precisely align with physical features on the ground. Tract 08 21-14 Aerial Photo Date: 2020/2021 Feet  Surrounding Zoning OA 22-01 AG-R N Garnett Rd (Tulsa County) N 129th E Ave AG-R CS RS-3 (Tulsa PF County) CS CS CG AG (Tulsa RS-3 AG-R County) (Tulsa County) CS Subject N Property  Land Use Master Plan OA 22-01 N 129th E Ave N Garnett Rd Subject Property N TO: The Honorable Mayor and City Council FROM: Teresa Willson Information Technology SUBJECT: Work Order Software DATE: September 9, 2022 _____________________________________________________________________________________ SUMMARY INFORMATION: This memorandum introduces a project to replace the Work Order and Pavement Management Software Systems for the Public Works Department. BACKGROUND: The Public Works Department has utilized a Work Order Software System that was originally acquired in 2007. The vendor of this system notified the City in 2021 that they planned to end functional support of the software by December 31, 2023. The end of functional support means the vendor would no longer provide any functional or case assistance for the system. No functional support of a software system can result in future security concerns, as well as loss of function. However, staff was later notified that the software vendor had changed their position on ending functional support of the software after several clients requested they continue because they were not in a position to move to a new system. By the time staff was notified of this, the search for a new system was well underway. PROJECT INFORMATION: Staff considered whether to remain with the software that is currently used for managing work orders and requests. There are several areas staff considered when evaluating whether to remain with the current system or consider moving to a new system. • Staff desired a system that would be simplified for the creation and completion of work orders. The present system contains many fields that are not utilized by staff, and closing a work order can be cumbersome, requiring multiple steps. • Staff desired a system that would integrate with the City’s Geographic Information System (GIS)allowing staff to see work that needed to be completed, as well as work that had been completed in map form for staff and supervisors ease of evaluation. Viewing a map of the work that needs to be completed allows staff to best utilize time in the field. Integration with a map also allows new work requests to populate the map without staff needing to return to the Public Works Department for updates, or work to be emailed or dispatched to field personnel. • Staff desired an update to the outdated pavement management process that would integrate with the City’s GIS to allow pavement conditions, street rehabilitation, and street work requests to be tracked in one system. • Staff desired a system that would have improved workflow so that supervisors and field staff could communicate the status and process of work requests more efficiently.  PW Work Order System Page 2 • Staff desired a system that would allow citizens and staff to have two-way communication on requests and resolutions. After considering the age of the existing system, limited enhancements that have occurred since the acquisition of the software, the likelihood the vendor would eventually end maintenance, and the enhancements of software currently available in the market, staff determined it would be worthwhile to continue the search of a replacement for the Work Order System currently used by the City. After a thorough review of available options, demonstrations with several vendors, and an evaluation of the needs of the department, staff prepared a Request for Quote (RFQ). Staff then sent the RFQ to four vendors and published on the City’s website. The deadline to submit a quote was September 6, at 5:00 pm. Staff received five sealed quotes and has begun the process of evaluating proposals. If staff determines there is a suitable replacement of the City’s existing Work Order system, meeting the requirements detailed in the RFQ, staff anticipates returning to the City Council with a recommendation to acquire a new Work Order and integrated Pavement Management system.