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HomeMy WebLinkAbout2018.10.09_Worksession AgendaThis meeting is a work session for Council /Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, October 9, 2018 - 6:00 pm FQ 1. Call to Order ocT 45 Mayor /Chair Chris Kelley Q601 e�k s 2. Discussion relating to FY 2017 -2018 Carryover Funds Off CF Linda Jones 3. Discussion relating to Community Development Items Brian Dempster A. Request for deannexation (E 106th St N and N 161st E Ave) B. Proposed Zoning Map Adoption C. Proposed Resolution -2020 Census Data Collection 4. Discussion relating to proposed amendments to the Mobile Food Vendor Ordinance and Fee Resolution Morgan Pemberton 5. Discussion relating to a proposed Special Events Ordinance and Fee Resolution Larry Langford 6. Discussion relating to City Manager items Warren Lehr 2019 City Council election, Ward 5 • Monthly sales tax report City Manager report 7. City Councilor /Trustee comments and inquiries 8. Consideration and appropriate action relating to a request for an executive session for purposes of discussing confidential communications between the City Council and the City Attorney concerning potential multi- district opioid litigation as provided for in Title 25, O.S. § 307(B)(4) Julie Lombardi 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda po ted at City Hall, 200 S Main St, at 6:00 pm on Friday, October 5, 2018. / [�^ iann M. Stevens, C y Jerk �— The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowasso.com 5V REAL PeoPlo -REAL Lhamcter• REAL Community TO: The Honorable Mayor and City Council FROM: Linda Jones, Finance Director SUBJECT: Supplemental Appropriation Carryover Budgets DATE: October 5, 2018 BACKGROUND: Every year at the June 30 fiscal year end, there are unspent budgets. While the appropriation of these items was included in the FY 2018 budget, the actual expenditure for all or part of these open items will occur during FY 2019. Because the FY 2018 budget was prepared prior to year -end, before it was known whether funds would be expended or not, fund balances used to develop the budget were projected as though all non -salary budgets would be expended by year -end. Therefore, approval of carryover non -salary budgets does not reduce estimated June 30, 2018, fund balances. In order to keep from having purchase orders open for multiple years, past practice of Council is to close prior year purchase orders at the end of September and re- appropriate the funds in the subsequent year along with authorizing the City to re -issue the purchase orders in the new year. Furthermore, since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances, closing out old encumbrances where goods and services have not been received, will enable the City's budgetary financial statements to more closely align with audited GAAP statements. Fund FY 2019 Budget Revenue Carryover Expenditure Carryover Requested Revised FY 2019 Budget General Fund $47,907,181 $34,490 $364,761 48,271,942 Half-Penny Sales Tax Fire 898,612 26,580 925,192 Half-Penny Sales Tax Police 1,746,935 15,131 1,762.066 Half-Penny Sales Tax Streets 2,273,611 698,280 2,971,891 Hotel Tax 353,951 32,299 386,250 StormwaterManagement 1,896,585 456,215 2,352,800 PROPOSAL: Staff proposes the following FY 2019 budget amendments: 1. Increase the estimated revenues by $34,490 and the appropriation for expenditures by $364,761 for the General Fund. 2. Increase the appropriation for expenditures in the Half -Penny Sales Tax fund by $739,991. 3. Increase the appropriation for expenditures in the Hotel Tax Fund by $32,299. 4. Increase the appropriation for expenditures in the Stormwater Management Fund by $456,215. OOP 0% Wit REAL Paopte•REAL Ch. moon, • REAL Community TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Supplemental Appropriation Carryover Budgets DATE: October 5, 2018 BACKGROUND: Every year at the June 30 fiscal year end, there are unspent budgets. While the appropriation of these items was included in the FY 2018 budget, the actual expenditure for all or part of these open items will occur during FY 2019. Because the FY 2018 budget was prepared prior to year -end, before it was known whether funds would be expended or not, fund balances used to develop the budget were projected as though all non -salary budgets would be expended by year -end. Therefore, approval of carryover non -salary budgets does not reduce estimated June 30, 2018, fund balances. In order to keep from having purchase orders open for multiple years, past practice of The Authority is to close prior year purchase orders at the end of September and re- appropriate the funds in the subsequent year along with authorizing the Authority to re -issue the purchase orders in the new year. Furthermore, since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances, closing out old encumbrances where goods and services have not been received, will enable the Authority's budgetary financial statements to more closely align with audited GAAP statements. Furthermore, previously authorized loan proceeds are expected to be transferred from OPWA to the Capital Improvement Fund in FY 2018 -19 as invoices are due. The 2017 -18 budget for loan proceeds to be transferred in FY 2018 -19 are recommended to be carried over and reappropriated in 2018 -19. PROPOSAL: Staff proposes an increase in the estimate of revenues by $26,721,086 and the appropriation for expenditures by $27,371,553 for the Owasso Public Works Authority. REAL People •REAL Character •REAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Deannexation (OA 18-03) - NW Corner E 106th St N & N 161st E Ave DATE: October 5, 2018 BACKGROUND: The Community Development Department received a request for a deannexation of approximately twenty -four (24) acres on the northwest corner of E 106th St N and N 161st E Ave. The property was annexed into Owasso City Limits with Ordinance 855 in 2006. SURROUNDING LAND USE: Direction Current Zoning Current Use Land Use Jurisdiction Residential Within Overlay District? No Master Plan Washington Rural Water District #3 North RS -40 (Residential Single - Family Low Residential Residential Rogers Medium Density) County RST -60 (Residential Single - Family Doublewide Transitional Rogers South Low Density Manufactured Home) & Residential & County AR (Agriculture Residential) Commercial East AR (Agriculture Residential) Residential Commercial Rogers County West RS -40 ( Residential Single - Family Low Residential Residential Rogers Medium Density) I County SUBJECT PROPERTY /PROJECT DATA: Property Size 24 acres +/- Current Zoning RS -2 (Residential Single - Family Medium Density) Land Use Master Plan Residential Within Overlay District? No Water Provider Washington Rural Water District #3 ANALYSIS: The property was initially annexed into Owasso City Limits with the intent of developing a single - family residential subdivision. In order to avoid a satellite annexation and to accommodate the development, the statutory right -of -way (ROW) along E 106th St N from the southeast corner of the Lake Valley subdivision to the intersection at N 161st E Ave was also annexed with the subject property. To develop this property with urban sized lots as originally intended would have required extension of the sanitary sewer system for nearly % of a mile and the installation of a lift station. Due to the excessive cost of these sewer improvements in relation to the potential number of lots that could have been developed on the property, sewer was never extended. Given this, the property owner now requests to deannex the property in order to develop the subdivision under Rogers County standards with aerobic septic systems. After internal discussions with City staff, it was determined that the best course of action would be to retain the statutory ROW along E 106th St N up to N 161st E Ave within City Limits and under City jurisdiction in case of future annexation requests near the intersection of E 106th St N and N 161st E Ave. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on October 8, 2018. ATTACHMENT: Aerial Map OR The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Adoption of the Official Zoning Map of Owasso, Discussion DATE: October 5, 2018 BACKGROUND: On June 15, 2018, the City Council approved the new Owasso Zoning Code, effective on July 15, 2018. During the course of the adoption process of the Zoning Code, it was discussed with the Planning Commission and the City Council that staff intended to present a new, official Zoning Map for consideration after the adoption of the new Code. Since the early 1970s, Owasso's official Zoning Map has been kept by the Indian Nation Council of Government's ( INCOG) mapping division. This map serves as City staff's primary source for checking the zoning, and therefore the allowed land uses, on an individual's property. Staff also regularly uses the Zoning Map in conjunction with the GrOwasso 2030 Land Use Master Plan in evaluating various development applications, such as Planned Unit Developments (PUDs) and Site Plans. However, in the past several years, discrepancies began to surface between what was designated on the official Zoning Map kept by INCOG and what the County Assessor's office had identified in their database. Discrepancies between these two sources of zoning information were also found in the underlying zoning of some PUDs when compared to how the PUDs were approved by the Owasso City Council. These inconsistencies can result in significant issues for both City staff and developers. For example, in 2012 a mapping error due to a confusing legal description resulted in an error on the official Zoning Map that caused a two -month delay with a significant development project. Having an accurate Zoning Map is critical to the performance of the Community Development Department and the City as a whole. Conflicting information on the Zoning Map causes confusion, uncertainty, loss of time and productivity, and exposes the City to legal challenges. Having one correct Zoning Map serving as the official Zoning Map from this point forward alleviates these issues. Extensive research has been done on the causes of these zoning discrepancies. Staff has now verified the correct zoning for properties in Owasso and has created a new Zoning Map. PROPOSED NEW OWASSO ZONING MAP: First and foremost, the proposed new Zoning Map aims to address the inconsistencies between INCOG's Owasso Zoning Map, the County Assessors' records, and ordinances on file for the City of Owasso. Over the past several years, staff has located and reviewed many filed ordinances and PUD documents in an effort to determine the correct zoning on properties where discrepancies were known to exist. Additionally, INCOG's maps were compared to internal maps to identify areas of inconsistency. The proposed new Zoning Map would correct these zoning issues. It was found that the errors typically occurred for the following reasons: • An ordinance was not sent to INCOG so their map was not correctly updated • The legal descriptions were not mapped correctly • The ordinance did not identify the proper zoning • The underlying zoning of a PUD was never called out in the ordinance and thus was never shown correctly on the map Second, the proposed Owasso Zoning Map addresses zoning in the Downtown District. In previous versions of the Owasso Zoning Code, the CH (Commercial High Intensity) zoning district was used to "accommodate high intensity commercial and related uses." Historically, a majority of the CH zoning in Owasso was in the downtown area. When the Downtown Overlay District was passed in 2015, it placed modified requirements for development in the Downtown District. Due to the Downtown Overlay requirements, many of the uses historically allowed in the CH zoning district were no longer allowed except for those already in operation, essentially making them non - conforming uses. In the new Zoning Code, additional rezoning of any property in Owasso to the CH zoning district beyond what is already active is not permitted. To supplement the discontinuation of the CH zoning district, the DM (Downtown Mixed) zoning district was created with the new Zoning Code to "accommodate certain types of high- intensity commercial, mixed -use, office, and residential development." Essentially, the DM district was established to supplant the CH district, with the stipulations of the DM zoning district being better suited to the development desired within the Downtown Overlay District. With the new Zoning Map, staff is proposing to rename properties zoned CH within the Downtown Overlay District to the DM zoning district. This is not a rezoning of the property, but a renaming of the zoning district. The renaming of properties that are currently zoned CH to DM zoning in the Downtown Overlay District would not place additional restrictions on those properties. The restrictions of the Overlay District already limit the types of land uses and development that are allowed in the District regardless of how the property is zoned. Also, existing land uses on property currently zoned CH within the Downtown District would still be allowed to operate under the requirements of the CH zoning district, as long as that use was in operation before the Overlay District was approved. Under the requirements of the Non - Conformities chapter in the Owasso Zoning Code, those existing land uses may continue until the land use changes or significant development occurs on the property. It is import ant to note that no downzoning of any property is proposed by the new Zoning Map. The proposed new map simply addresses inconsistencies and renames CH -zoned properties in the Downtown District to the DM zoning district. The proposed new Zoning Map corrects all the zoning errors discussed above and presents an accurate representation of how properties in Owasso are zoned. If approved, it would become the singular Zoning Map to be referenced for Owasso, and it would be sent to INCOG as a replacement for the map currently used by that entity. Staff is now prepared to bring the proposed new Owasso Zoning Map to the Planning Commission and City Council for the required Public Hearings. PUBLIC INPUT AND HEARING: On Wednesday September 26, 2018, a public input meeting was held in the Community Room at City Hall to allow citizens to review the new map and ask questions. No citizens attended the public input meeting. Subsequent to this meeting, the proposed Zoning Map was posted on the City's web page. As with any Zoning Map change, a public hearing is required. Notice of the required public hearings was posted in the Owasso Reporter on October 3, 2018. The public hearings are scheduled to be on the agendas for the Planning Commission meeting on October 8, 2018 and the City Council meeting on October 16, 2018. Staff also anticipates bringing the proposed Owasso Zoning Map for consideration at the Planning Commission meeting on November 12, 2018, and for consideration and final action at the City Council meeting on November 20, 2018. ATTACHMENT: Proposed Official Zoning Map of Owasso Proposed New Zoning Map 1361M1 SL N. I HY I 1 1 I Lj LI T{ iT seat - �— Pldib St. N. .,� . ° aiq � �' _— C 3 tsl NR 1v 1861M1 51. N. LLj Legend U8-18GLDerty r Do e� � 1 861h$1.ry I _ _ 1 I Jt RE 761h SE N1 S _RM RMN o n35 os tnlun RNx 1 :Rea 66M SLN.�J� .. —_� -. _____._____.___�d J.- •, w.r•a.. �u...wu.w.no,.�.nm s� RY"', REAL Ohara' •REAL CommunLLy TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: 2020 Census - Complete Count Committee (CCC) DATE: October 5, 2018 BACKGROUND: The 2020 Census is rapidly approaching, and the US Census Bureau is encouraging communities to begin getting the word out in order to obtain an accurate population count. As part of this effort, the Census Bureau is encouraging communities to form or be part of a Complete Count Committee. Complete Count Committees play a key role in developing local and regional partners to educate and motivate residents to participate in the upcoming 2020 Census. These Committees also provide a vehicle for coordinating and nurturing cooperative efforts between the Census Bureau, communities, and their tribal, state, and local governments. One of the key purposes of the Complete Count Committee is to specifically target hard- to-reach socioeconomic and minority populations that, in the past, have been difficult to reach and, therefore, have been likely undercounted in the census. COMPLETE COUNT COMMITTEE PARTICIPATION: Staff has been informed by the Census Bureau that a Complete Count Committee has been formed for the Tulsa area and is headed by Melanie Poulter, Manager of the Census Information Center of Eastern Oklahoma. Staff contacted Ms. Poulter and expressed interest in participating in and joining their Complete Count Committee for the Tulsa area, and she was receptive and excited for the City to join. Considering the purpose and goal of the Complete Count Committee, the Community Development Department and the Strong Neighborhood Coordinator Jerry Fowler will work closely with the committee, and also involve schools, churches, non - profit and civic organizations, the media, businesses, and other entities. RESOLUTION OF SUPPORT: As part of Owasso's participation in the Greater Tulsa Area Complete Count Committee, the Census Bureau has asked that a resolution of support be considered by the Owasso City Council affirming our participation in and efforts towards getting as accurate a census count as possible. Owasso's participation in this effort is important, as having a complete census count helps communities with federal funding and grants for various programs. Staff will bring forth a Resolution for consideration supporting Owasso's participation in the Greater Tulsa Area Complete Count Committee at the October 16, 2018, City Council meeting. ATTACHMENT: Draft Resolution CITY OF OWASSO, OKLAHOMA RESOLUTION _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, SUPPORTING THE UNITED STATES CENSUS BUREAU BY PARTICIPATING IN THE GREATER TULSA AREA COMPLETE COUNT COMMITTEE IN ORDER TO OBTAIN THE MOST ACCURATE AND COMPLETE POPULATION COUNT IN THE UPCOMING DECENNIAL CENSUS WHEREAS, the United States Census has been performed every ten years since 1790, with the last census conducted in 2010; and WHEREAS, The City of Owasso and Tulsa County decennial census population count directly affects the amount of federal revenue distributed to Owasso and the County for roads, schools, libraries, senior centers, day care centers, and hospitals: and WHEREAS, an accurate population count within the City of Owasso and Tulsa County helps both governing bodies plan and fund needed facilities based on population distribution within the county and city; and WHEREAS, City of Owasso and Tulsa County welcomes assistance and advice from community -based organizations, public school districts, local business and the media in order to count the entire local population, including the traditionally hard to count or undercounted populations within the county; and WHEREAS, the more informed that residents become about the 2020 census operations, the better their understanding of the censed process becomes, thus increasing their willingness to be part of the successful enumeration in 2020; and WHEREAS, the United States Census Bureau is required by law to protect information provided by particular individuals. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: The City of Owasso shall participate and be part of the Greater Tulsa Area Complete Count Committee for the purposes of gaining a complete and thorough population count for the Greater Tulsa area and the City of Owasso. APPROVED AND ADOPTED this Owasso, Oklahoma. day of October, 2018 by the City Council of the City of Chris Kelly, Mayor ATTEST: Julie Stevens, City Clerk Approved as to Form: Julie Trout Lombardi, City Attorney REALPeople -REALC adar -PEAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Amendment to Part 9, Chapter 3, Mobile Food Vendors Owasso Code of Ordinances DATE: October 5, 2018 BACKGROUND: Over the last several months, staff has been going through the process of updating Part 9, Chapter 3 of the Code of Ordinances. This chapter sets requirements for mobile food vendors in Owasso. In the last few years, the popularity of food trucks has increased, leading to a significant increase in the number of mobile food vendor permits issued on a yearly basis by the City Clerk. The adoption of the new Owasso Zoning Code introduced the Temporary Use Permit (TUP) that would, under certain circumstances, apply to some mobile food vendors. It was determined by staff that it was necessary to rewrite this Chapter of the Code of Ordinances so as to clarify and streamline the mobile food vendor permitting process. A draft of the proposed edits to Part 9, Chapter 3 of the Code of Ordinances was brought by staff to the City Council Work Session meeting on August 14, 2018. After discussion between staff and members of the Council, it was decided that staff would edit the proposed changes to address Council's concerns and the dialog would continue at a later date. Staff has now made those edits and is bringing a revised version of the proposed amended chapter to Council for further discussion. PROPOSED ACTION: Staff is proposing changes to this chapter, including those driven by City Council discussion. First, the definitions of mobile food vendors have been updated to better reflect the types of mobile food vendors that are most often seen in Owasso, creating three (3) classifications of mobile food vendors that must acquire a Mobile Food Vendor Permit from the City Clerk's office. One classification of mobile food vendors in Owasso would encompass all food trucks, trailers or carts. These are food vendors that operate from a vehicle, trailer, or cart that is designed and equipped to prepare and serve open food products. A second group of mobile food vendors that would be regulated under this chapter would be pre - packaged food vendors that only sell commercially- manufactured, pre- packaged products. Ice cream trucks would be included in this group. The final classification would be for stationary food vendors. Stationary food vendors are those, of any type, that stay in one (1) location for longer than seventy -two (72) hours. All stationary food vendors would be required to get a Temporary Use Permit (TUP) from the Community Development Department. Another significant change is that background checks would only apply to those mobile food vendors who intend to operate in residential neighborhoods, such as ice cream trucks. Also, the proposed fee for a mobile food vendor permit was reduced to fifty dollars ($50) for all types of mobile food vendors that do not require a Temporary Use Permit (TUP). Many of the permitting requirements for mobile food vendors that are currently in place, such as valid proof of all State and County Health Department licenses as well as State Sales Tax Permit information, would remain in effect. PREVIOUS DISCUSSION AND RESULTING EDITS: City Council initially reviewed and discussed the proposed changes to Part 9, Chapter 3 of the Code of Ordinances at their Work Session meeting on August 14, 2018. Several aspects of the proposed changes were discussed and some concerns were voiced by Councilors at that meeting. To address those concerns, staff has made several adjustments to the proposed changes for the mobile food vendor permitting process: • First, staff has added language to clarify that a mobile food vendor is classified as a stationary food vendor when it stays in one (1) location longer than seventy -two (72) hours within a thirty (30) day period. According to the Owasso Zoning Code, all stationary food vendors must acquire a Temporary Use Permit (TUP). By including language that specifies that the requirement is seventy -two (72) hours within a thirty (30) day period, it helps avoid any vagueness regarding how and when to require a mobile food vendor to procure a TUP. • Concerns regarding the requirement that all "mobile food /stationary food vendors must stay at least three hundred (300) feet from any Food Service Establishment unless part of a Special Event or permission from the property owner is obtained" were brought up at the August Work Session meeting. Some Councilors believed that it was inappropriate for the City to regulate where private businesses could be located. Staff has removed that requirement from the proposed update. • One of the proposed additions to this Chapter in the Code of Ordinances was that all mobile food vendors would not be allowed to have a drive -thru window. The reasoning behind this proposed restriction was discussed at the August Work Session meeting. Mobile food vendors are often placed in parking lots, and can often alter or block traffic patterns within those parking lots. This is generally not an issue, as long as emergency access is not affected, adequate parking is still provided, and the property owner has granted permission for the Mobile Food Vendor to be parked there. However, the Owasso Zoning Code states that all "food and /or beverage service uses" must allow for a "minimum of five (5) queuing spaces... from the point of service." After further internal discussion, staff has edited the restriction to exclude stationary food vendors. This is because all stationary food vendors must get a Temporary Use Permit (TUP) from the Community Development Department, and part of the TUP approval process involves the submittal of a Site Plan for review. At that time, if the Stationary Food Vendor intends to have a drive -thru window, staff can determine if the queuing requirement would be met by the applicant. Because there is no Site Plan requirement for other types of mobile food vendors, staff is proposing that those types still be disqualified from having a drive - thru. • The proposed fee amount of fifty dollars ($50) was also discussed at the August Work Session meeting. Some Councilors expressed concerns that the fee amount may be too high. Many mobile food vendors travel from city to city, and therefore must pay permit fees at each city. Each city's permit fees can add up, resulting in significant costs for mobile food vendors. After further internal discussion, staff has reduced the proposed fee amount to twenty -five dollars ($25). • Finally, concerns were raised by Council members on restricting the hours of operation for mobile food vendors. Staff has left in the allowable hours of operation at 7:00am- 10:00pm in order to provide the opportunity for further discussion of the items by Council at the October Work Session meeting. ATTACHMENTS: Draft Ordinance Amending Part 9, Chapter 3, Mobile Food Vendor Draft Resolution setting fees Licensing and Business Regulations E+1CF_Tii4W1 MOBILE FOOD VENDORS Section 9301 Definitions Section 9 -302 Issuance Section 9 -303 General Requirements Section 9304 Application Required Section 9 -305 Display of Permit Section 9 -306 Permit Record Section 9 -307 Permit Period and Fee Schedule Section 9 -308 Transfer of Permit Prohibited Section 9 -309 Replacement of Lost Permit Section 9 -310 Grounds for Denial or Revocation of Permit Section 9311 Process of Revocation or Denial of Permit 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. Permit: The written authority of the City, issued by its duly authorized agent emplovee or officer, conferring permission on some person to oursue 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. Food Truck/Trailer Mobile Food Vendor: A Mobile Food Vendor operatina from a vehicle trailer, or cart that is designed and eauioned to prepare, cook, and serve open food products. Typically moves to different locations daily and operates in non - residential areas. Does not stay in one (11 location longer than seventy -two (72) hours within a thirty day period, 3. Pre - Packaged Mobile Food Vendor: A Mobile Food Vendor operating from vehicle or trailer that is limited to the sale of commercially manufactured ore - packaged products or products that are nreoared and packaaed at a licensed food service establishment. These vendors t_vpicaliv travel into residential areas. Does not stay in one (1) location longer than seventy -two 1721 hours within a thirty day period_ 4. Stationary Food Vendor: A non - permanent Mobile Food Vendor servina in one location for a temporary period of time. Can be a truck, trailer, or cart. Stationary Food Vendors stay in one location (11 for longer than seventy -two (72) hours within a thirty day period and therefore must obtain a Temporary Use Permit ITUPI from the Community Development Department. Page 9 -9 Licensing and Business Regulations 4. 121-191 GNh mobile fe9dd .. RdGF' A. ^G.. r ROR u self rn nlled h' I the P f hir�h it Ii FnitRd fn r r.i.�n +'..11y lRO FEIGUrfGGGIS SECTION 9 -302 ISSUANCE A. The issuance of all permits, collection of all permit fees, and the enforcement of permit conditions and revocation of permits, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular permit. B. No permit for Food Truck/Trailer Mobile Food Vendors shall be issued until a satisfactory application has been submitted and approved, the required permit fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. SECTION 9 -303 GENERAL REQUIREMENTS A. , f'rrv. rvr Geennrry F'en either es ..rnr'nrvl eff!Ge ry + sewant eF ..Levee +n o of +he nrvll'n frrv,der of G)GGYPGtiGF;S F h' h n�rv�e n.i �e , p Gift' QeFIF A. Mobile Food Vendors shall not remain in any location for more than seventy -two 72 hours within a thirty day period,_ Mobile Food Vendors that remain in a location for more than seventy - two (72) hours in a thirty day period shall be considered Stationary Food Vendors and shall follow the regulations contained in this chanter. B. No Mobile Food Vendor/ Stationary Food Vendor shall nark their vehicle or equipment on any City street while selling or offering to sell any product Vendors participating in any City of Owasso events or approved Special Events shall not be subiect to this requirement. C. Any Mobile Food Vendor shall require written approval from the Owasso City Manager before locating in any City of Owasso parks or upon any City of Owasso property. Vendors participating in any City of Owasso events or approved Special Events shall not be required to obtain City Manager approval. D.-9- It shall be unlawful for any mobile food vendor to locate their vehicle or equipment upon, or otherwise sell their products from, any property without obtaining permission from the owner of that property. PFeP81#Y from the 9WHGF Of ry e4y where nh'In fnned n e- nedr'n+enele in Inry +n tht-IF 1 ..hiede eF equipmPnt n GthAPA49P SAN thBiF ...-0 e•+ E. Aln eh.il.e fenel order rhrvll PGFk thn nh'.de n 89WIPMeRt n GR�' !"f., rfe,ee.f h'I 5911, GR�'PFOEA61Gt. D. In Gd litiRR fee the I're„ e r 're,d r ndw +her rvf.e..• Gil #GtIGRGP� fn..nd , _R d.'e._ _- 6::9..11 A edi ei...e ni E. All sales within Owasso City Limits shall be reported to the Oklahoma Tax Commission as Owasso sales. Page 9 -10 Licensing and Business Regulations F. Mobile Food /Stationary Food Vendors shall be subiect to City of Owasso Noise and Nuisance Ordinances. ewaeris eb#eiaed G No person associated with a food vending operation shall distribute deposit place throw or cast any commercial handbill. H. Mobile Food{S#a#ieaap} Feed Vendors shall not have a drive -thru window. I No banners flags snipe sign feather flags or other illegal signage shall be allowed J. No parkina in or blocking a Fire Lane. K. Allowable hours of operation are 7:00 AM to 10:00 PM. L. A clearly designated waste container shall be provided for customers. M. Public roads, sidewalks, alleys or other public ways shall not be blocked. N. No Mobile Food Vendor or Stationary Food Vendor shall leave or permit to be left, any fat, oil, grease, refuse or other discarded objects and shall follow City of Owasso Ordinances in relation to Fats. Oils or Grease. O. No Mobile Food Vendor or Stationary Food Vendor shall not create any traffic, nuisance or other public safety issues. P. Pre - Packaged Mobile Food Vendors traveling into residential areas are subiect to background screenings for all operators. Q. No outdoor speakers or amplified music. SECTION 9 -304 APPLICATION REQUIRED Applicants for any mobile food vending permit 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. Valid and current driver's license or State - issued identification card of vendor: 3. Vehicle information relating to vehicles used in the vending, to include make, model, year, tag number; 4. Valid and current State Sales Tax Permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code; 5. Valid County and /or State health department licensing information. Page 9 -11 Licensing and Business Regulations UPI 7 GGPY 9f the— eentraet lease eRt OF IR#RF fFGn Gf .-80 ' SECTION 9 -305 DISPLAY OF PERMIT All mobile food vendors issued a permit under this section shall plainly display the license on the mobile food vending vehicle or equipment where it may be readily seen by any City official, law enforcement officer or other regulatory official, and by any person or customer approaching the vendor's vehicle or mobile food vending equipment. SECTION 9 -306 PERMIT RECORD The City Clerk shall maintain a record of all mobile food vending permits issued under this section showing the date of the issuance, the person to whom the permit was issued, the time period covered by the permit. SECTION 9 -307 PERMIT FEES The fee which shall be charged for Mobile Food Vendor permits shall include the cost of a background check, if applicable, and shall be established by resolution of the City Council Thee she" be elet844R8dunpler the f0119'.44RO fee SGhedYIG; 1 Full ° A4ph'ie. F,.Od vPRGI • One u Ra ,.,-I Fift�'IDGIIGPS ($150,99) peF h t year; PeF SECTION 9 -308 TRANSFER OF PERMIT PROHIBITED No mobile food vending permit may be sold or otherwise transferred. SECTION 9 -309 REPLACEMENT OF LOST PERMIT Whenever an original permit has been lost or destroyed, the City Clerk shall issue a duplicate license. The fee for issuance of a duplicate permit shall be set by Resolution of the City Council. SECTION 9 -310 GROUNDS FOR DENIAL OR REVOCATION OF PERMIT Page 9 -12 Licensing and Business Regulations Applications and permits for mobile food vending may be denied or revoked for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for permit or in the course of business: lisewse 2. Fraoo FnisrepFesenfatiGR, , fG!,° ;tGte^^°. $ FnAd..... the PAI-IF99 Of GGqYiR9 OR 3:2. Conducting the business of mobile food vending in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace, danger or hazard to the health, safety, or general welfare of the public. 43. Revocation, suspension or failure to renew necessary state and county health department licenses or Oklahoma Tax Commission permit. 5. Conviction of any violent felony within the past ;RvRn en (107) years. SECTION 9 -311 PROCESS OF REVOCATION OR DENIAL OF PERMIT AND APPEAL All Ur-enses issupd h., the City sh Gll be bjeG+ to revaGGiiGR by the Qt rl v GR�'bFGE]Gh s IJPGR GR1 ' GGRGIitiG rr F GFibeel by 9F d'n e. e F 8y f9F the .. IG14On Gf a ,+.. Gh PneP,d G ..1' Gr 1R the A. The City Clerk's office shall either give written notice by personal service or by mail to the operator of the denial or revocation of the permit. The notice, if mailed, shall be mailed to the address listed on the application. B. The permit shall stand revoked or denied from the date the notice is delivered by personal service or received by the licensee by mail. C. The owner 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. D. The hearing shall be conducted by the City Manager. The appealing licensee may be represented by counsel. E. 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 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. (Ord. No. 990, 6/21/11) Page 9 -13 CITY OF OWASSO, OKLAHOMA RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING RATES, FEES AND CHARGES FOR MOBILE FOOD VENDORS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Council of the City of Owasso desires to establish following rates and fees for mobile food vendors operating in the corporate limits of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE: From and after the effective date of this Resolution, the following rates and fees are established for mobile food vendors: Food Truck /Trailer Food Vendor Per vehicle /trailer /cart $25.00 Annual Fee Pre - packaged Mobile Food Vendor Per vehicle /trailer /cart $25.00 Annual Fee Stationary Mobile Food Vendor Per vehicle /trailer /cart $250.00 Annual Fee 1 -120 days Temporary Use Permit Stationary Mobile Food Vendor 121 -365 days Temporary Use Permit Per vehicle /trailer /cart $500.00 Annual Fee Replacement of Lost Permit Per duplicate $5.00 Background Check - Food Vendors Per Person $10.00 traveling in residential areas SECTION TWO: Provisions of this Resolution shall become effective November 1, 2018. PASSED AND APPROVED this day of , 2018 Chris Kelley, Mayor Attest: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney 0', REAL " amcler • REAL OommuNry TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Special Events Ordinance and Resolution DATE: October 5, 2018 BACKGROUND: At the May 2018 work session, staff introduced the concept of establishing a special events ordinance with a resolution to establish a fee structure to accompany. Special events provide opportunities for citizens and visitors alike to gather and participate in memorable and fun - filled experiences. These occurrences bond our community by bringing a variety of people together to celebrate their lives with common purpose and promote good will within our community. In January 2014, staff began developing standards and guidelines to set expectations for everyone involved in the process. An application was created to gather pertinent information allowing staff to understand the scope of the event, provide guidance, allocate resources and emphasize public safety. Over the last 4 years, staff has managed this tool as a guideline without any fees or financial requirements. DISCUSSION: As our community grows, these gatherings will occur more frequently and become larger in scale. This requires more coordination and places greater demand on limited city resources. Staff believes it is necessary to implement protocol to assist in a balanced approach in regulating time, place and manner of special event to protect public health, safety and resources, and to reduce any adverse impacts on public places. Staff is proposing an ordinance to establish a required special events permit and resolution with a corresponding fee structure. Implementing a fee structure will not fully recover the full cost of staff time and utilization of city resources; however, the funds will off -set a portion of the requirements to administer and oversee the events. Key points to staff's proposal include: • All special events will require a permit issued by City of Owasso • Permits are requested by application and reviewed by staff prior to approval • Fee structure for non - profit and for - profit organizations • Fee schedule increases according to size of the event • Any closing of streets will require additional fee • Refundable deposit will be returned to applicant upon event completion with no damage ATTACHMENTS: Proposed Ordinance Proposed Resolution CITY OF OWASSO, OKLAHOMA ORDINANCE AN ORDINANCE AMENDING PART ELEVEN (11), PARKS, RECREATION AND CULTURAL AFFAIRS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BY ESTABLISHING CHAPTER THREE, SPECIAL EVENT PERMITTING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 11, Parks, Recreation, and Cultural Affairs, Chapter 3, Special Event Permitting, Sections 11 -301 through I 1 -303, shall be enacted into the Code of Ordinances of the City of Owasso, Oklahoma, as follows: CHAPTER 3 SPECIAL EVENT PERMITTING Section 11 -301 Definitions Section 11 -302 Permitting Section 11 -303 Special Event Permit Fees SECTION 11 -301 DEFINITIONS Special Event is defined as any organized activity involving the use of, or having impact upon public property and /or facilities, including but not limited to streets, sidewalks, parks, and trails, or the use of private property in a manner that requires the provision and coordination of city staff, resources, and services. SECTION 11 -302 PERMITTING It shall be unlawful for any person, business, or non - profit entity to engage in the conduct of any special event on public property without first obtaining a Special Event Permit and paying the applicable fee(s). A special event permit may be issued for multiple dates of the same reoccurring event within the same calendar year. Applicable fees will be assessed per occurrence listed on the special event permit. The City Manager shall from time to time promulgate additional rules and regulations for said special event permit as considered necessary. SECTION 11 -303 SPECIAL EVENT PERMIT FEES The schedule of fees related to Special Event Permits shall be determined by Resolution of the Owasso City Council. Events conducted by the City of Owasso are exempt from payment of fees. SECTION TWO (2): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. 01 SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective January 1, 2019. SECTION FIVE (5): _ CODIFICATION This ordinance shall be codified in Part 11, Parks, Recreation, and Cultural Affairs, Chapter 3, Special Event Permitting, Sections 11 -301 through 11 -303. APPROVED AND ADOPTED this _ day of October, 2018 by the City Council of the City of Owasso, Oklahoma Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED as to form: Julie Trout Lombardi, City Attorney 2 CITY OF OWASSO, OKLAHOMA RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING FEES FOR A SPECIAL EVENT PERMIT AND THE USE OF CITY RESOURCES WHEREAS, the City of Owasso desires to encourage the occurrence of special events that enhance the quality of life, provide entertainment, promote local economic health, attract visitors, and positively contribute to the city; and, WHEREAS, a special event is considered to be any activity which is held in whole or in part upon publicly owned property, streets, sidewalks, trails, walkways or on other public rights - of -way, or if occurring on private property in a manner that>will impact or interfere with the standard, ordinary and normal use of public property by the general public, and /or requires the provision and coordination of city staff, resources, and services; and, f� WHEREAS, the purpose of the Special Event Permit is` to insure that any changes, restrictions, or adaptations, resulting from such aw'e`vent are managed in a safe, prudent, and legal manner in order to protect the health safety;'welfare, and convenience of the traveling public and citizens of the City of Owasso; and WHEREAS, the City of Owasso desires conjunction with a special event . NOW, THEREFORE, BE IT RESOLVED SECTION ONE (1): Fees related to for OF OWASSO, THAT: as: used in Special Even L Iication Fee Non - refundable 20.00 Special Event be, osit Refu"-- able 200.00 Non - Profit S eci&l Event Permit Fee 25.00 For P.rofitS ecial Event Permit,F' Q -20 Vendors $50.00 For:Prof tS "'ecial Event;Permit Fee421 40 Ver'dors 1100.00 <Fo'r Profit S eaidF en Permit Fee over 40?vendors $150.00 Event Road Closure:Fee $100.00 SECTION TWO (2) Special events;;conducted by the City of Owasso are exempt from payment of fees. SECTION THREE (3): Thesfees established pursuant to this Resolution for Special Events shall become effective January 1 X2019. APPROVED AND ADOPTED this day of October, 2018, by the City Council of the City of Owasso, Oklahoma. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney sd 04,Pw. -FAIL achr -REAL LOmmaAlry TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Ward 5 City Council Election DATE: October 5, 2018 BACKGROUND: Pursuant to the provisions of the Owasso City Charter governing the election of City Council members, "the Council shall take action by Resolution to call any necessary Ward Elections." In 2019, such election is required for Ward 5, for a three -year term. In 2015, the Oklahoma Legislature passed and Governor Fallin signed two bills effecting elections conducted by the County Election Boards. The City of Owasso utilizes the Tulsa County Election Board to facilitate our city elections, therefore Owasso elections are affected by these changes and create conflict with our city charter language regarding elections. Resolutions for elections not conforming to these new requirements will not be accepted and will not be conducted by the County Election Board. ELECTION DETAILS: The election date and filing periods are set in accordance with state laws governing elections conducted by the County Election Board. The primary election will be held on February 12, 2019. The general election, if necessary, will be held on April 2, 2019. Only qualified electors who reside within the ward shall be qualified to hold the office of City Council Member for that ward. However, all registered voters residing within the Owasso city limits may vote in the election. Should one of the candidates not receive the majority of all votes cast for the particular ward, a general election will be held. FILING PERIOD FOR INTERESTED CANDIDATES: The resolution calling the Ward 5 election is due to the Election Board by November 16, 2018; therefore, the filing period must begin no later than 20 days following. This makes the filing period in December and significantly different from the Owasso Charter language setting the filing period for the first Monday, Tuesday, and Wednesday of February. The filing period for interested candidates will be December 3, 4, and 5, 2018. Interested candidates must file a Declaration of Candidacy form with the Tulsa County Election Board on any of these dates between the hours of 8:00 AM and 5:00 PM. PROPOSED ACTION: Staff anticipates submitting a resolution to the Council during the November 6, 2018, meeting for consideration and appropriate action.