HomeMy WebLinkAbout2020.01.14_Worksession AgendaThis 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
Tuesday, January 14, 2020 - 6:00 pm
1. Call to Order
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
RECEIVED C
JAN 10 2020 , J
City Clerk's Office
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.
OREALople • REAL Chamdw- RFJLL Commonly
...removing
obstacles
standing
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Todd Ward
Chair, Audit Committee
SUBJECT: Fiscal Year 2018 -19 Audit Report
DATE: January 14, 2020
in the way
BACKGROUND:
of people
The City of Owasso's Audit Committee and members of City staff met with Mike Gibson, C.P.A
from RSM US, LLP on January 14, 2020. Members of the Audit Committee are Todd Ward, Chair;
Robert Curfman, Vice Chair, Andrea O'Dell, Secretary; Kelly Lewis, Council representative, Jack
celebrating
Murray, member.
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
their lives.
municipally licensed auditor. The Annual Financial Statement includes financial reports for the
City, as well as, the Owasso Public Works, Owasso Public Golf, and the Owasso Economic
Development authorities. In Owasso, the auditor reports to the Audit Committee established by
the Council.
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.
Financial highlights included in the FY 2019 report, indicate that the City remains in a good
financial position. Financial and activity highlights can be found starting on page 4 of the audit
under Management's Discussion and Analysis.
The Audit Committee received the auditor's management letter and unmodified opinion
regarding the Comprehensive Annual Financial Report. The Audit Committee acknowledges
the City is responsible for completeness and accuracy of the annual report. The necessary
auditor reports are included in the audit presented by RSM US, LLP. The audit attests to the City's
compliance with Oklahoma State Law and federal reporting requirements.. Additionally, the
committee met with Mike Gibson, independent of staff, to discuss any further questions or
concerns regarding any audit findings. The Audit Committee was satisfied with the reports and
related information.
i
'
The Audit Committee was advised that the final draft of the City's Comprehensive Annual
Financial Report will be submitted to the City Council at their meeting on Tuesday, January 14,
`sue •
2020.
200 S Main St
(918) 376 -1500
PO Box 180
City of Owasso FAX (918) 376 -1599
\ Owasso, OK 74055
A City Of Character www.cityofowasso.com
January 15,2019
Page 2
RECOMMENDATION:
Since council action is not required for the acceptance or rejection of the financial statement
audit, the audit committee recommends the following item be placed on the January 21, 2020,
council agenda to give formal notice that the fiscal year 2019 audit has been completed:
"Notification of the receipt and filing of the City's annual financial statement audit for the fiscal
year ended June 30, 2019:"
,-�,V"/
Todd Ward
City of Owasso Audit Committee, Chair
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
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REAL People REAL Char
actor 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 (10 5ro), 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
recently completed; and
WHEREAS, all revisions to the Code of Orc
a general and permanent nature since the prior
document; and
WHEREAS, codification has been c6mple
Statutes and best practices for municipal codes;
WHEREAS, codification has been made
request at a reasonable cost in the Office
applicable law; and
the City of Owasso was
d by the City Council of
included in the codified
ted in compliance with Oklahoma State
and
to the general public upon
Clerk in accordance with
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.
ATTEST:
Juliann M. Stevens, City Clerk
Chris Kelley, Mayor
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 May Jun
—t —Actual - --o- -- Budget 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 May Jun
-t Actual —w -- Budget � last Year
City of Owasso
Total Monthly Sales Tax Revenues
Last Five Fiscal Years
$ 21,371,233 $ 34,941,703 $ 33,568,047 $ 29,607,789 $ 28,350,133
* *Sales tax increase from 3.5% to 4.05% (551100) for street improvements.
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
$ 21,371,233 $ 34,941,703 $ 33,568,047 $ 29,607,789 $ 28,350,133
* *Sales tax increase from 3.5% to 4.05% (551100) for street 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%
2.9%
$ 598,934
City of Owasso
Total Sales Tax Report
Two Year Comparison
January 9, 2020
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Totals
2019 -20
2018 -19
Percent
Amount
of Budget
$ 3,005,671
8.5%
2,968,434
8.4%
2,969,838
8.4%
3,067,281
8.7%
2,855,219
8.1%
3,105,262
8.8%
3,399,527
9.6%
2018 -19
Increase or (Decrease)
Percent
Amount
of Actual
Amount
Percent
$ 2,998,609
8.6%
$ 7,063
0.2%
2,920,263
8.4%
48,171
1.6%
2,810,048
8.0%
159,791
5.7%
2,899,646
8.3%
167,635
5.8%
2,753,335
7.9%
101,884
3.7%
2,858,066
8.2%
247,196
8.6%
3,330,435
9.5%
69,092
2.1%
$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
$1,626,831 $ 2,267,091 $ 1,664,238 $ 1,182,051 $ 1,123,335
*Increase in sales tax rate from 3.5% to 4.05% March 2017
* *Increase in sales tax revenue from taxation of internet sales beginning May 2017
Fiscal Year 2020 Use Tax Budget is $2,380,446
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
$1,626,831 $ 2,267,091 $ 1,664,238 $ 1,182,051 $ 1,123,335
*Increase in sales tax rate from 3.5% to 4.05% March 2017
* *Increase in sales tax revenue from taxation of internet sales beginning May 2017
Fiscal Year 2020 Use Tax Budget is $2,380,446