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HomeMy WebLinkAbout2013.02.12_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL, OPWA, AND OPGA TYPE OF MEETING: Regular , . VATE: February 12, 2013 TIME: 6:00 p.m. PLACE: Old Central Building , 109 N. Birch 9r ; Notice and agenda filed in the office of the City Clerk an sted on tr Citvk&ill bulletin board at &GO PM on Friday, February 8, 2013. - x Sherry is ity C er AGENDA 1. 2. 3. Call to Order Mayor Doug Bonebrake x Discussion Relating to Authority for Committee Appointments - Requested by Councilor Charlie Brown Discussion Relating to Code Enforcement - Requested by Councilor Charlie Brown 4. Discussion Relating to Administrative Items Ms. Bishop Attachment #4 A. Local Determination of Smoke-Fre'b Air Legislation B. Strong Neighborhood Initiative Renewal - Proposed Resolution C. Audio Recording Project Status Update M 5. Discussion Relating to City Manager Items Mr. Ray . A. FY 2014 Budget dc: B. Capital Improvements Fund Discussion C. City Manager Report CDBG Program Sales Tax Report 6. Confideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City of Owasso and its attorney, relating to litigation styled Williams vs. City of Owasso; such executive session provided for in O.S. 25, Section 307(B)(4) 7. Report from City Oouncilor! 8. Adjournment 1 r cm Pe City t Limits. TO: The Honorable Mayor and City Coun(5City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Draft Resolution Urging the Oklahoma State Legislature to Re-establish Local Control to Municipalities Relating to Smoke-free Air Laws DATE: February 8, 2013 BACKGROUNLY: A draft resolution will be presented in an effort to urge the state legislature to repeal a 1987 preemptive state law which restricts local governments from regulating smoking in public places. Advocacy groups such as the American Cancer network, a legislative division of-the American Cancer Society, The Oklahoma Hospital Association and local and state health departments are asking municipalities across Oklahoma to take part in expressing their desire for a return of local control to city and town councils. Owasso was among the first of communities in Oklahoma to prohibit smoking in all city parks as well as stopping the sale of tobacco products at public facilities such as Bailey Ranch Golf Club. Owasso has been at the forefront of promoting a healthy community through clean air initiatives and for a return of local control to municipalities in matters relating to smoke-free laws. Recently in the Governor's State of the State Address, Mary Fallin proclaimed that return of local control was on her agenda this legislative session as related to;smoking regulations. RECOMMENDATION: Staff intends to recommend adoption of a resolution urging the Oklahoma State Legislature to repeal any pre-emption of local control pertaining to smoke-free air and restore the right of local governments to enact and enforce smoke-free air laws. Ltl ATTACHMENT: Resolution No. 2013-XX R HEREAA laws for enclose( these Oklahoma unprotes: r-Q_r_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OASSO, OKLAHOMA, URGING THE OKLAHOMA STATE LEGISLATURE TO REPEAL PRE-EMPTION LAWS PERTAINING TO SMOKING IN PUBLIC PLACES AND " RESTORING THE RIGHT OF LOCAL GOVERNMENTS TO ENACT AND ENFORCE SMOKE-FREE AIR LAWS. ifi control eft] residents an WHEREAS; COUNCIL RESOLUTION NO. 2013-XX OWASSO CITY restored local coi es in Zito or states with smoke-free restauran s, and bars, while many of their employees and patrons remain : preemptive state law; and Jffort to negate such local legislation, the preemption of local authority to devastating effect on tobacco the public health of the states' rates have successfully overturned preemption and t and enforce smoke-free air laws; and WHEREAS: protecting people from the harmful effects of secondhand smoke is best accomplished by local communities working directly with the people most affected by smoke-free air laws; and WHEREAS: numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmoker, including heart disease, stroke, respiratory disease, and lung cancer; and WHEREAS: The Oklahoma State Legislature should not deprive local governments of the authority to protect people from the harmful effects of secondhand smoke; APPROVED AND TI the City of Owasso, Oklahoma. Approved As To Julie Lombardi, City Attorney day of , 2013, by the Ci ouncil of [E 0 he city t Limirs. L-5 TO: The Honorable Mayor and City Council City Of Owasso FROM: Jerry Fowler Strong Neighborhood Coordinator SUBJECT: Hotel Tax Designation 'k, Draft Resolution DATE: February 8, 2013 BACKGROUND: In 2008, the Owasso City Council made a bold decision to take a proactive approach to protecting the substantial investments being made in the community by commercial developers and new residents. This decision established funding for the Owasso Strong Neighborhood :Initiative from a two percent (2%) increase in the Hotel tax rate. The initiative was established as a means for the City to effectively work with residents in an effort to keep Owasso neighborhoods as safe and attractive in 20 years as they were at the time the initiative was established! The Council placed an August 2013 deadline for consideration to continue the program to ensure objectives were successfully being met. In August, 2008, voters approved an increase in the rate of the Hotel Tax from three percent (3%) to five percent (5%) creating a funding source for the Strong Neighborhood Initiative. The proposition passed by sixty-two percent (62%) of the total vote. Since August, 2008, the Strong Neighborhood Initiative has had a proven positive impact in the community by bringing together nearly 6000 households in an effort to protect the most substantial investment most residents will make in their lifetime, their home. The response to the program has for exceeded staff expectations and has fulfilled needs not anticipated when the initiative was originally established. Residents have embraced the opportunity to partner with the City to protect their investments and in turn the substantial investment brought to Owasso through strong commercial development. Today the City has five operating hotels, with an additional hotel currently in development, providing a sustainable funding source to continue to grow the initiative, thus increasing the impact in the community. V, FUNDING: Council approval of Resolution No. 2008-05 established funding for the Strong Neighborhood Initiative through the revenue produced from two percent (2%) of thAotel Tax. STRONG NEIGHBORHOODS INITIATIVE: Lo Since the initiative was originally established, it has successfully provided opportunities to Through the initiative, residents have committed to the idea that neighborhood issues impact the entire community, regardless of where one resides, and that by joining forces with the City, they can participate in a proactive approach to ensuring Owasso remains as safe and attractive in the future as it is today. RECOMMENDATION: It is staff intent to recommend Council approval of a Resolution to continue the designation of funds to the Strong Neighborhoods Initiative, and to continue the initiative as an economic development and cultural enhancement program to receive funding derived from the revenue generated from 2% of the hotel tax rate. ATTACHMENT: Proposed Resolution 2013-XX CITY F ASSO, OKLAHOMA PROPOSED RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF OASSO, OKLAHOMA, DESIGNATING THE STRONG NEIGHBORHOODS INITIATIVE AS AN ECONOMIC DEVELOPMENT AND CULTURAL ENHANCEMENT PROGRAM AND REAUTHORIZING THE USE OF REVENUE GENERATED BY THE HOTEL TAX FOR PROGRAMS WHICH SUPPORT THE STRONG NEIGHBORHOODS INITIATIVE. WHEREAS, Funds from the Hotel Tax are set aside and used exclusively to encourage, promote and foster economic development and cultural enhancement and tourism, and to pursue regional promotion for the City of Owasso; and, WHEREAS, Strong neighborhoods are foundational tong community's long-term growth and economic vitality; and, WHEREAS, It is imperative to residents be empowered and en intended to increase awareness, 1- neighborhoods. ig 1a d~aually b7 t tro-M Neighborhoods Coordinator, or his or her Iffb. ry, e. City C I to ensure the City Council remains informed k th t ng Neighborhoods Initiative as well as progress toward Nei hoods Initiative's goals as set forth above in this AND BE ffLKF. WTHER R LVED THAT: This Resolution supersedes Resolution 2008-05 previously approved e Cit buncil on July 5, 2008, in all provisions, terms and requirements. APPROVED AND W D this day of the City of Owasso, Oklahoma. ATTEST: Sherry Bishop, City Clerk 2013, by the City council of Doug Bonebrake, Mayor APPROVED AS TO FORM: Julie Lombardi, City Attorney e CityL! 'Umits. BACKGROUND: A lawsuit was filed against four Owasso police officers, Captain Tracy Townsend, Officer Jack Wells, Sergeant H.D. Pitt and former Officer Lem Mutii by the surviving spouse of Elliott Earl Williams in their individual capacities on March 16, 2012. This action, brought under 42 U.S.C. § 1983, arises out of Mr. Williams' arrest by the Owasso Police Department on October 21, 2011, and his subsequent death while incarcerated at the Tulsa County Jail on October 27, 2011. Upon receipt of the Complaint in this lawsuit, the City of Owasso determined that the four named officers were at all times acting fully within the scope of their employment and that they followed department policy during the arrest of Mr. Williams and were thereby entitled to a legal defense and liability coverage in this litigation. All parties to this litigation agreed to attend an early mediation in this case held on October 25, 2012. Despite lengthy negotiations, the case did not settle during mediation. The Court has now scheduled this matter for a mandatory settlement conference to be held on February 26, 2013. Rules governing the federal courts require attendance at a settlement conference by a person vested with full settlement authority on behalf of any organization or entity named as a party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all parties are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. Therefore, it is necessary for the City of Owasso to confer full settlement authority upon a representative to attend the settlement conference on behalf of the City of Owasso and the police officers named as defendants in this case. PROPOSED ACTION: Approval of proposed Resolution 2013-XX conferring full and complete settlement authority upon Sherry Bishop, Assistant City Manager, as the City's representative for the settlement conference in this litigation. While the City Manager usually serves in this capacity, Mr. Ray is scheduled to be out of town on the date of the settlement conference thereby necessitating designation of an alternative person as the City's settlement representative. RECOMENAATION: Staff recommends that the City Council designate Sherry Bishop, Assistant City Manager, as the authorized settlement representative for the City of Owasso in the case of Williams v. Glanz et al., through approval of proposed Resolution 2013-XX memorializing the same. ATTACHMENT: Proposed Resolution 2013-XX x A W W1 :Y: C :pus 91 YS 9 OWASSO CITY COUNCIL PROPOSED RESOLUTION 2013-XX PURPOSES OF THE SETTLEMENT CONFERENCE. r. WHEREAS: Captain Tracy Townsend, former Officer Lem Mutii are Defendants in District Court for the Northern District of O v. Stanley Glanz, Sheriff of Tulsa Coun t Oklahoma, Inc., Correctional Healthca Manageme'ht Inc., Earnie Chappell, RN, Townsend, Jack Welk, H.D. Pitt Lem Mutii and It ' WHEREAS: The Plaintif, efen attend a settlement conference i~ at the federal courthouse in Tulsa, - h possessing full settle { authority be settlement confer WHEREAS-.1 City o this litigation in She shop, f FOR OeLC herry d th er1 oas de nfis final settle conference t by the Court or IT FURTHE APPROVED AN the City of Owasso, O Attest: Sherry Bishop, City Clerk on iffio ~lack~Ils, Sergeant H.D. Pitt and T~'fS curr?n;TY-filed in the United States captioned q atricia Lara-Williams -416-1 ®rrectional Hea a Management of mpanies, Inc., Car nal Healthcare en Lvcar LPN, Juli F(i htower, Tracy s 1 thr X, and, ■ rots h been ordered by the Court to occur the 26th day of February, 2013, to bri authorized representative t his er discretion during the ` wasso wi 3vest full d-M final settlement authority in Want City rlger. Y T ITY COUNCIL OF THE CITY OF OWASSO, 'I I in h a, as Assistant City Manager, is hereby esentativ f~JF the City of Owasso and the four police i - eettement conference to be held in this litigation, LV AT: Sherry Bishop is hereby vested with full and calf of the City of Owasso for purposes of the settlement ary 26, 2013, or at such other time as may be scheduled this _ day of February, 2013, by the City Council of Doug Bonebrake, Mayor oma. Approved a To Form: Julie T. Lombardi, City Attorney