HomeMy WebLinkAbout2008.07.08_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
July 8, 2008
6:00 p.m.
Old Central
109 N. Birch
Owasso, Oklahoma
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Thursday, July 3, 2008. ~ _--
iann M. Stevens, Duty City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Presentation provided by the Assistant City Manager for Administrative Services for the
purpose of reviewing various City policies, procedures, and funds.
Ms. Bishop
3. Discussion relating to Community Development Department Items
Mr. Rooney
Attachment # 3
A. Requests for Annexation (1)
B. Requests for Final Plat (1)
4. Discussion relating to Public Works Department Items
Mr. Rooney
Attachment # 4
A. Proposed Engineering Agreement for the construction of the Tulsa Technology
Center Roadway Improvements
Owasso City Council
July 8, 2008
Page 2
5. Discussion relating to City Manager Items
Mr. Ray
Attachment # 5
A. IAFF Contract for FY 2008-2009 (Attachment)
B. Proposed Ordinance relating to Hotel Records Access (Attachment )
C. Proposed Ordinance relating to Alcohol Sales Permit (Attachment)
D. Proposed Annexation Request for Stone Canyon (Attachment)
E. Proposed Resolution relating to the "Strong Neighborhoods Initiative"
F. Appointments to various City Boards and Commissions
G. City Manager's Report
6. Report from City Attorney
Ms. Lombardi
7. Report from City Councilors
8. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Cataudella
9. Adjournment
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: ANNEXATION - OA-08-02
DATE: JUNE 26, 2008
BACKGROUND:
The City of Owasso has received request to review and approve the annexation of approximately
three (3) acres, located on the north end of North Carlsbad.
EXISTING LAND USE:
Large Lot Residential /Agriculture
SURROUNDING LAND USE:
North: Single-Family Residential
South: Single-Family Residential
East: New Hope Baptist Church
West: Single-Family Residential
PRESENT ZONING:
AG (Agriculture District) Tulsa County
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
ANNEXATION REVIEW PROCESS:
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will make the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted the ordinance is circulated
to appropriate regional and national agencies for recording and altering maps.
ANALYSIS:
The applicants are requesting to annex approximately 3 acres of land which contain three
parcels, located at the north end of North Carlsbad. The subject tracts have existing single family
dwellings. The properties are bordered, on all sides, by land that is within Owasso's city limits.
The owners are requesting annexation in order to receive city services such as police.
The subject tract is surrounded by areas that are located within the City of Owasso, and this
annexation is consistent with the City of Owasso's Annexation policies. The cul-de-sac around
which the subject tracts are located is in need of pavement and drainage repair. This project is
being studied by the Owasso Public Works Authority. Should the properties be annexed, such
improvement work should be prioritized and scheduled as part of the City's annual street
rehabilitation program.
Staff published legal notice of the annexation petition in the Owasso Reporter and letters of
notification were mailed to property owners within a 300' radius.
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on July 7, 2008.
RECOMMENDATION:
Staff intends to recommend approval of the annexation request.
ATTACHMENTS:
1. General Area Map
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
LARISSA DARNABY
CITY PLANNER
REQUEST FOR ACCEPTANCE OF THE LAKE RIDGE SHOPPING
CENTER FINAL PLAT
JULY 1, 2008
The City of Owasso has received a request from OLT Commercial Division, LLC
applicant/owner, for the review and acceptance of the Lake Ridge Shopping Center Final Plat.
The Final Plat proposes one (1) lot in one (1) block on 0.65 acres of property. The applicant
wishes to plat the property so that they may develop aretail/commercial sales center.
LOCATION:
The subject property is located on East 86th Street North and about a quarter of a mile west of
North 129th East Avenue.
EXISTING LAND USE:
Undeveloped
SURROUNDING ZONING:
North: Agriculture
Northeast: Commercial Shopping
East: Office Light Intensity
West: Office Light Intensity
PRESENT ZONING:
The subject tract is zoned CG (Commercial General).
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that maybe development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of--way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the
development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the Lake Ridge Shopping Center final plat
so they may plat and eventually develop the property with a full commercial sales center. The
property is zoned CG (Commercial General). The designation outlines the development standards
for the property in a commercial manner. The proposed layout for the commercial sales center is
associated with the plat and is allowed by right according to the zoning designation.
According to the final plat, the developer would like to create one 0.65 acre lot, recognized as Lot
1, Block 1, Lake Ridge Shopping Center, which would be the proposed site of the commercial
sales building.
The main access into the Lake Ridge Shopping Center will be from East 86`'' Street North. The
applicant has shown a total of 45' to be designated on the site plan for ingress and egress. The 45'
that is designated for ingress and egress would consist of two points of access, which includes the
30' entrance/exit on the east side of the property and an entrance on the west side of the property
being 15'. There is an existing entrance/exit on the west side of the property that has been partially
utilized by the office center to the west of the subject tract. A mutual access agreement has been
established defined on the final plat. Between the two points of access, 80' has been deemed as
limits of no access.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Commercial
sewer and water service will be provided by the City of Owasso. The property will be subject to all
payback fees including Storm Siren fees of $35 per acre.
TECHNICAL ADVISORY COMMITTEE:
The Lake Ridge Shopping Center Final Plat was reviewed by the Owasso Technical Advisory
Committee at their regular meeting on May 28, 2008. At that meeting, utility providers and city
staff are afforded the opportunity to comment on the application and request any changes or
modifications. The following comments were provided:
• Correct the legal description to read "the S 39°36'38" W"
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on July 7, 2008.
RECOMMENDATION:
Staff intends to recommend acceptance of the Final Plat.
ATTACHEMENTS:
1. General Area Map
2. Lake Ridge Shopping Center Final Plat
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CITY OF OWASSO
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
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FINAL PLAT
LAKERIDGE SHOPPING CENTER
A PART OF THE SCUTHEAST QUARTER (SE14) OF SECTION 20
TOWNSHIP 21 NORTH. RANGE 14 EAST
AN AODITTON TO THE CITY OF OWASSO. TULSA CWNTY. OKLAHOMA
1 LOT IN 1 BLOCK
0.65 ACRE TRACT
ZONM CG OWNER / DEVELOPER:
SURVEYOR:
BENCHMARK SURVEYING
302 B EAST 5TH AVE.
OWASSO, OK 74055
(918) 274-9081
CERTIFICATE OF AUTHORIZATION NO. 1289
RENEWAL DATE: JUNE 30, 2008
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OLT COMMERCIAL DIVISION, L.L.0
P.O. BOX 419
OWASSO, OK. 74055
PHONE: (918) 272-5338
ENGINEER
KELLOGG ENGINEERING, INC.
6755 SOUTH 4060 ROAD
TALALA, OKLAHOMA 74080
(918) 275-4080
CERTIFICATE OF AUTHORIZATION NO. 2788
RENEWAL DATE: .TUNE 30, 2009
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MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DANIEL DEARING
CIVIL ENGINEER
SUBJECT: AWARD OF ENGINEERING SERVICE AGREEMENT -
N. 140th EAST AVENUE ROADWAY IMPROVEMENT PROJECT
(TULSA TECHNOLOGY SERVICE ROAD)
DATE: July 1, 2008
BACKGROUND:
The parcel of land located midway between E. 106th Street North and E.116th Street North and
immediately east of US Highway 169 has been selected as the site for a new Tulsa Technology
Center (TTC) campus. Site development is scheduled to begin in the spring of 2009 and is
anticipated to be complete by summer of 2010.
A portion of N.140th East Avenue currently extends approximately 1,450 linear feet south from
E. 116th Street North between the Quip Trip and Eggbert's restaurant. This roadway is not a
complete thoroughfare and, as is, provides no access to the TTC site for either construction or the
operation of the campus following construction. In order to accommodate the proposed opening
of the TTC campus in fall of 2010, it is imperative that N. 140th East Avenue be fully extended to
the south in order to connect with E. 106th Street North. The city staff estimates construction
costs to be approximately $2,029,570.
ENGINEERING STATEMENT OF QUALIFICATIONS & SELECTION:
Statement of Qualifications were requested from three (3) Engineering firms that were
considered by staff to be most qualified to perform the needed services in the time frame
established for this project. The process to select a firm is in conformance with established
procedures of the Oklahoma State Board of Registration for Professional Engineers for soliciting
engineering services. The firms were C2A Engineering, Inc., Grafton Tull Sparks and Kellogg
Engineering, Inc.
Each Statement of Qualification was reviewed and evaluated based on the following:
- Design Team Experience related to Roadway Design
- Verifiable References for Roadway Projects in Oklahoma
- Firm Experience in Design of Similar Roadway Projects
- Availability of Design Team to Complete Work
- Familiarity with City of Owasso Design Standards Construction Methods and
Procedures
Based on an analysis of the Statement of Qualifications provided and staff's understanding of the
capabilities/experience of each firm, a design service proposal was requested from Crafton Tull
Sparks.
DESIGN SERVICE PROPOSAL:
On July 1, 2008, Crafton Tull Sparks submitted the requested Design Service Proposal (see
Attachment) providing a detailed description of the engineering design services to be provided at
a fixed fee of $162,500 (approximately 8% of the estimated total cost of the construction
project).
PROJECT APPROACH:
The scope of the design work is to provide access to the development site for construction of the
TTC facility simultaneously with the construction of the roadway improvements in time for the
opening of the Tulsa Technology Center in summer 2010. The project schedule and layout will
require coordination with Tulsa Technology Center needs and design. Crafton Tull Sparks is
designing the site plans for the Tulsa Technology Center making design coordination less
burdensome and decreasing the time of design delivery.
FUNDING SOURCE:
Funds for this project are included in the FY 08-09 Capital Improvements Budget.
NOTE:
Discussions regarding definitive scheduling dates for the completion of the design work will
occur subsequent to the printing and distribution of the worksession agenda, therefore, the final
engineering services agreement will be delivered to the Council for their review at the July 8,
2008 worksession meeting.
RECOMMENDATION:
Unless there are concerns expressed by Council, staff intends to recommend the award of an
engineering service agreement to Crafton Tull Sparks of Tulsa, Oklahoma for the N. 140"' East
Avenue Roadway Extension (East 106`'' Street North to East 116th Street North) in the total
amount of $162,500 and authorization for the Mayor to execute the contract at the July 15, 2008
regular meeting of the City Council.
ATTACHMENTS:
1. Site Map
2. Crafton Tull Sparks Scope of Basic Services
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111 N. Main Street
P.O. BOX 180
Owasso, OK 74055
918.376.1500
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July 2, 2008
Roger Stevens
Public Works Director
City of Owasso -Public Works Department
301 W. 2nd Ave.
Owasso, OK 74055
(918) 272-4959 Phone
(918) 272-4996 Fax
RE: Proposal -North 1400i E. Avenue Extension
Dear Mr. Stevens:
Grafton Tull Sparks (CTS) is thrilled to be selected by the City of Owasso (the City) to provide
design services for this project. CTS proposes to furnish the Design Services on the above
referenced project as described on the attached "Exhibit C -Scope of Basic Services" sheet.
As we understand the project it includes the design of a 3,860 LF, 3-lane roadway extension.
The roadway extension will begin at the current termination point of N. 14001 E. Ave., located
approximately 1,450 LF south of 11601 Street N., and will proceed south and parallel Highway
169 to 1060i Street N. The proposed Project Schedule is attached, as Exhibit A, and CTS will
endeavor to meet all the deadlines and timeframes shown on that schedule.
As stated in the Scope of Services, CT5 proposes to provide these services for a fined fee of
X162,500. This fee is approximately 8% of the estimated construction costs of X2,029,570,
provided by the City, for the proposed roadway and would include the services listed in Exhibit
C and includes any reimbursables (mileage, printing, etc...) so that the proposed fee will not
need to be increased, unless the scope should be changed.
We thank you for this opportunity to provide this proposal for our services. If you have any
questions or comments, please feel free to contact us at our Tulsa Office.
Sincerely,
CRAFTON, TULL, SPARKS & ASSOCIATES, INC.
Alex Mills, P.E.
Vice President, Civil Engineering
918.584.0347 office
918.260.9845 mobile
alex. mills(c~,craftontull. com
t,~'~ Grafton T~II Sparks
Exhibit C
Scope of Basic Services for:
Project: North 140th E. Ave. Extension
Client: City of Owasso
Location of Project: Owasso, Oklahoma
Discipline: Civil Engineering
Discipline Manager: Alex Mills
Project Manager: Alex Mills
Proposal Date: 7-1-08
Billing Type: Fixed Fee
Fee/Estimate: $162, 500
Description of the
Construction Project: CTS will design the N. 140t'' E. Ave. Extension from the
current termination point south of 116t'' Street North, south
to 106t'' Street North. The proposed roadway will be a S-
lane asphalt section with curb & gutter and an alternate bid
concrete pavement section.
1. Conceptual, Preliminary, and Final Design of the proposed improvements.
2. Prepare exhibits for and participate in a Design Public Hearing. Provide a Public Hearing Report, listing all
questions raised and providing a response to each question.
3. Provide a set of construction plans for the proposed improvements including plans, profiles, cross
sections, and details.
4. Provide a Stormwater Pollution Prevention Plan in accordance with local requirements.
5. Provide construction cost estimates.
6. Drawings will be in Auto Cad format and will be presented in hardcopy format.
7. Coordinate with local franchise utilities for relocation.
8. Coordinate & procure a geotechnical report for the project using a client approved subcontractor.
9. Prepare right-of-way and easement acquisition documents, legal descriptions & exhibits.
10. Modify City of Owasso construction specifications (technical specifications) and construction contract
documents.
11. Advertise, receive bids and assist the City in negotiations with the successful bidder.
12. Coordinate with ODOT and obtain their approval concerning the proposed improvements.
13. Scope of Basic Services does NOT include the following:
a. Offsite utility, street or drainage improvements.
b. Environmental studies, including wetland delineation.
c. Corps of Engineer, FEMA, DEQ or other special government agency permitting.
d. Traffic engineering.
e. Signal design at 106`'' Street North (Preformed by County).
f. Retaining wall design.
www.craftontullsparks.com 1 of 2
~'~ Grafton Tull Sparks
g. Preparation of special provisions or technical specifications for non-typical construction items.
h. Construction staking.
i. Construction Inspection.
Note: Services listed under Item 13 can be provided for additional fee.
14. Client shall provide:
a. Record drawings of adjoining improvements previously constructed.
b. Construction plans for adjoining projects underway or nearing the construction phase.
c. Readily available information such as design criteria, standard details, or standard specifications.
This is the scope of services for the Project. Should there be additions to this scope of services, those services
shall be compensated for additional fee.
www.craftontullsparks.com 2 of 2
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: MICHELE DEMPSTER
HUMAN RESOURCE DIRECTOR
SUBJECT: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
FISCAL YEAR 2008-2009 CONTRACT
DATE: July 2, 2008
BACKGROUND:
Since negotiations began with the IAFF in February, Staff and the IAFF negotiating team have
met regularly working to come to an agreement for the 2008-2009 contract year. The proposed
contract includes continuing the current pay plan and providing fora 2.95% across the board
increase. The increase in cost for the proposed contract is $198,000, an 8.98% increase over the
current fiscal year. The proposed contract is a one year contract.
PROPOSAL:
Staff intends to place the 2008-2009 IAFF contract on the July 15, 2008 council agenda for
approval.
ATTACHMENTS:
1. 2008-2009 Proposed Contract
2. Contract Cost Analysis
AGREEMENT BETWEEN
THE CITY OF OWASSO, OKLAHOMA
A MUNICIPAL CORPORATION
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL N0.2789
July 1, 2008-June 30, 2009
TABLE OF CONTENTS
ARTICLE 1 PURPOSE OF AGREEMENT ...........................................................
ARTICLE 2 RECOGNITION .................................................................................
ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION.....
ARTICLE 4 GENDER CLAUSE ............................................................................
ARTICLE 5 AUTHORITY AND TERM ................................................................
ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES ...................
ARTICLE 7 PREVAILING RIGHTS .....................................................................
ARTICLE 8 PROHIBITION OF STRIKES ............................................................
ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY ............................
ARTICLE 10 PERSONNEL FILES ..........................................................................
ARTICLE 11 REGULAR AND SPECIAL MEETINGS ..........................................
ARTICLE 12 ORGANIZED MEAL PROGRAM ....................................................
ARTICLE 13 SENIORITY ........................................................................................
ARTICLE 14 HOURS AND TIME EXCHANGE ....................................................
ARTICLE 15 PERSONNEL REDUCTION .............................................................
ARTICLE 16 STAFFING ..........................................................................................
ARTICLE 17 SAFETY AND HEALTH COMMITTEE ..........................................
ARTICLE 18 GRIEVANCE PROCEDURES ..........................................................
ARTICLE 19 DUES CHECK-OFF ...........................................................................
ARTICLE 20 COMPENSATION .............................................................................
ARTICLE 21 OVERTIME AND CALL BACK .......................................................
ARTICLE 22 VACATIONS AND HOLIDAYS .......................................................
ARTICLE 23 SICK LEAVE .....................................................................................
ARTICLE 24 COURT AND JURY LEAVE ............................................................
ARTICLE 25 UNIFORM AND BED LINENS .........................................................
ARTICLE 26 INSURANCE ......................................................................................
ARTICLE 27 TUITION REIMBURSEMENT .........................................................
ARTICLE 28 SUCCESSORS AND ASSIGNS ........................................................
ARTICLE 29 SAVINGS CLAUSE ...........................................................................
ARTICLE 30 WORKING OUT OF CLASS .............................................................
ARTICLE 31 LONGEVITY ......................................................................................
ARTICLE 32 RETIREMENT AND PENSION ........................................................
ARTICLE 33 PHYSICAL FITNESS PROGRAM ....................................................
ARTICLE 34 DRUG & ALCOHOL TESTING ........................................................
SIGNATURE PAGE
APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D
ARTICLE 1
PURPOSE OF AGREEMENT
It is the intent and purpose of this Agreement, entered into by and between the CITY OF
OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER and LOCAL NO. 2789,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL/CIO/CLC, hereinafter referred
to as UNION, Employees, Members of the Bargaining Unit to achieve and maintain harmonious
relations between the parties hereto and to provide for the equitable and orderly adjustment of
grievances which may arise during the terms of this Agreement.
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ARTICLE 2
RECOGNITION
The Employer recognizes the Union as the exclusive bargaining agent for all employees
of the Fire Department, except the Chief, one designated Administrative Assistant, civilian
employees, and probationary employees.
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ARTICLE 3
MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION
Section 1. Nothing in this Agreement shall be interpreted as diminishing the
obligation of both parties to undertake affirmative action to insure that applicants or employees
are treated without regard to race, color, religion, sex, size, national origin, status of Union
membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity
Commission Guidelines, each party is obligated to take positive action in affording equal
employment, training and promotional opportunities to all members, as required by Title VII of
the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be
interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair
Labor Standards Act, or any duly adopted Department of Labor Regulations promulgated
thereunder.
Section 2. In the event that any portion of this Agreement unintentionally
conflicts with the Employer's capability to be in compliance with said Acts, the EEOC
Guidelines and Department of Labor Regulations will be overriding to that portion of this
agreement.
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ARTICLE 4
GENDER CLAUSE
"Gender". A word importing one gender only shall extend and be applied to
both genders.
ARTICLE 5
AUTHORITY AND TERM
Section 1. The Employer and the Union have, by these present, reduced to writing the
collective bargaining Agreement resulting from negotiations entered into by the Employer and
the Union.
Section 2. This Agreement shall become effective on the first day of July, 2008 and
shall remain in full force and effect until midnight, June 30, 2009.
Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of
monies by the Employer are included as a matter of collective bargaining, it shall be the
obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to
June 23`d of each year, the last day on which monies can be appropriated by the Employer to
cover the Agreement period which is the subject of the collective bargaining procedure.
Section 4. It shall be the obligation of the Employer and the Union to meet at a
reasonable time and confer in good faith with representatives of the Union and Employer ten (10)
days after receipt of written notice from the Union or Employer requesting a meeting for
purposes of collective bargaining.
Section 5. In the event the Union and the Employer are unable, within thirty (30) days
from and including the date of the first meeting to reach an agreement, any and all unresolved
arbitrable issues may be submitted to arbitration at the request of either party.
ARTICLE 6
MANAGEMENT RIGHTS AND RESPONSIBILITIES
Section 1. Union recognizes the prerogative of Employer to operate and manage its
affairs in all respects and in accordance with its responsibilities, and the powers or authority
which the Employer has not officially abridged, delegated, granted or modified by this
Agreement are retained by the Employer, and all rights, powers and authority the Employer had
prior to the signing of this Agreement are retained by the Employer, and remain exclusively
without limitation within the rights of the Employer.
Section 2. Except as maybe limited herein, the Employer retains the right in
accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the
municipality and the responsibilities and duties contained in the laws of the State of Oklahoma
and the ordinances and regulations promulgated thereunder:
A. To determine Fire Department policy, including the rights to manage the affairs of
the Fire Department in all respects, except as stated above;
B. To assign working hours, including overtime;
C. To direct the members of the Fire Department, including the right to hire, terminate,
suspend, discipline, promote or transfer any Firefighter;
D. To determine the table of organization of the Fire Department, including the right to
organize and reorganize the Fire Department and the determination of job
classifications and ranks based upon duties assigned;
E. To determine the safety, health and property protection measures for the Fire
Department;
F. To allocate and assign work to Fire Fighters within the Fire Department;
G. To be the sole judge of the qualifications of applicants and training of new
employees;
H. To schedule the operations and to determine the number and duration of hours of
assigned duty per week;
I. To establish and enforce Fire Department rules, regulations and orders;
To introduce new, improved or different methods and techniques of operation of
the Fire Department or change existing methods and techniques;
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K. To determine the amount of supervision necessary;
L. To control the departmental budget; and
M. To take whatever actions may be necessary to carry out the mission of the employer
in situations of emergency.
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ARTICLE 7
PREVAILING RIGHTS
Section 1. All rules, regulations, fiscal procedures, working conditions, departmental
practices and manner of conducting the operation and administration of the Owasso Fire
Department currently in effect for and with respect to the members of the Fire Department on the
effective date of this Agreement, which are not included in this Agreement, shall remain in full
force and effect, unchanged and unaffected in any manner, unless and except as modified or
changed by the specific terms of this Agreement.
ARTICLE 8
PROHIBITION OF STRIKES
Section 1. During the term of this Agreement, the Union agrees to a prohibition of
any job action, i.e. strikes, work slowdowns, mass absenteeism, or being a party to such
activities. The Union shall not be in breach of Agreement where the acts and actions enumerated
above are not caused or authorized by the Union.
Section 2. Upon notification confirmed in writing by the Employer to the Union that
certain of its members are engaged in a job action, the Union shall immediately, in writing, order
such member to cease the job action and return to work at once and provide the Employer with a
copy of such an order. Additionally, a responsible officer of the Union shall publicly order all
employees participating in a job action to cease such action.
Section 3. Nothing contained in this Article shall be construed to limit, impair, or
affect the right of the Union or any other member of the bargaining unit to the expression or
communication of a view, grievance or complaint or opinion or any matter related to conditions
or compensation of employment or their betterment so long as the same does not interfere with
the full, faithful and proper performance of duties of employment.
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ARTICLE 9
BARGAINING UNIT RIGHTS AND SECURITY
Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for
Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business,
notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials
of a subversive or derogatory nature or political endorsements shall be posted.
Section 2. Time Off for Union Business. After written notice to Fire Chief or
Designated Administrative Assistant, Union representatives maybe granted time off without loss
of pay to conduct bona fide Union business, provided however, that time off will not impede the
proper operations of the Fire Department and adequate manpower is available, as determined by
the Fire Chief or his designated Administrative Assistant.
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ARTICLE 10
PERSONNEL FILES
Section 1. It is agreed that with all materials concerning investigation, complaints,
reprimands, counseling sessions for violations of any rules, regulations or policies, that might be
considered detrimental to the employee's position advancement or future with the Department,
that are to be placed in the employee's personnel file, that the Employer shall notify said
employee of such action and the employee shall be given the proper opportunity to appeal such
action before it becomes a part of his personnel file.
Section 2. A Fire Fighter shall be allowed to review his personnel file under
supervision at any reasonable time upon written request to the Fire Chief.
Section 3. Recognizing that disciplinary actions provide a basis for training and
counseling and are not meant to perpetually penalize an employee, the following procedure is
hereby established:
Procedure
A. Employees may request that disciplinary actions be sealed according to the following
schedule:
Written reprimands and notice of oral reprimands with no recurrence after one (1)
year may be sealed.
2. Suspensions three (3) days or less than three (3) days, without recurrence, after
two (2) years.
3. Suspension more than three (3) days, without recurrence, after two (2) years.
4. Disciplinary probation after two (2) years from the termination of such probation
if no other disciplinary action has occurred during that period.
B. Written Requests for sealing of disciplinary actions should be directed to the office of the
Fire Chief.
C. The Human Resources Department shall be notified in all cases where sealing of
disciplinary action is taken, and City Personnel file copies will be sealed or destroyed
accordingly.
D. The sealed action shall not be held to discriminate against the employee in any
subsequent disciplinary action, or in the event of impending promotion, merit step raise,
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transfer, special requests, modification of duty, vacation selection, application for other
employment, or against any other action the employee may take for his personal
improvement or betterment.
E. Once sealed, the file shall not be opened unless the employee request such unsealing;
however, the employee may review investigative reports pertaining to the actions; or at
the discretion of the Fire Chief who may deem it necessary to the employee's welfare
to do so; but, in any case, the employee is to be notified of the opening of the sealed file
and the reason therefore.
F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be
immediately removed from the employees personnel file. Such complaints shall be
sealed and accessed by the City Attorney for pending litigation or for review of similar
complaints which may occur within one (1) year of the original complaint. Such
unfounded, exonerated, not sustained, and no finding complaints will be destroyed after
five (5) years from date of occurrence.
Section 4. All letters of appreciation and/or commendation received by the
department regarding an employee(s) will be given to the appropriate employee(s) within five (5)
business days.
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ARTICLE 11
REGULAR AND SPECIAL MEETINGS
Section 1. The Union will be permitted to hold regular and special meetings on the
Employer's premises with the understanding that permission, time and location of such meetings
must be approved by the Fire Chief or his designated Administrative Assistant prior to said
meetings.
Section 2. It is understood that the Union and the Employer will cooperate in this
Agreement and excessive requests will not be made by the Union. Permission to hold meetings
shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere
with the normal operations of the Fire Department.
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ARTICLE 12
ORGANIZED MEAL PROGRAM
Section 1. Union members will be required to participate in an organized meal
program while on duty. However, if any employee is on a special diet, he/she will not be
required to participate for the time period he/she is on a special diet. The amount to be
contributed for meals will be determined by and contributed by the members of each duty station
on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per
member. This article is not subject to the grievance procedures of this Agreement. Further it is
agreed that this section of the Agreement will be enforced solely by the bargaining unit.
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ARTICLE 13
SENIORITY
Section 1. Seniority shall mean the status attained by length of continuous service in
the Fire Department.
Section 2. Where two or more employees have the same employment date, seniority
shall be determined by a hiring list established subsequent to the completion of the hiring
process. When two or more employees will be given the same start date, the Union shall be
provided a copy of the established hiring list prior to the start date.
Section 3. Seniority will be a factor to be considered by the Fire Department in
determining the priority of each member to:
A. Time when compensatory, vacation and holiday time off is granted;
B. Shift assignment; and
C. Anytime overtime is required, whether scheduled or non-scheduled, the first
choice of replacement shall go to another employee meeting the following criteria:
1. has the same duty qualifications;
2. among those with the same duty qualifications, has the most seniority; and
3. provides compliance with minimum manning criteria of the department.
Section 4. Seniority shall be lost upon the occurrence of any of the following:
A. Discharge, if not reversed;
B. Resignation;
C. Un-excused failure to return to work upon the expiration of a formal leave of
absence provided no reasonable excuse is found; and
D. Retirement.
Section 5. Promotion shall be subject to evaluation and examination of job
performance and ability. Seniority will be considered, but will not be the determining factor.
Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months
may be promoted to the vacant position without being subject to a testing procedure, as long as
that employee meets the minimum qualifications for the position. Should a member of the
bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet
the minimum qualifications, due to budgetary constraints and/or training availability only, such
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member maybe promoted to the vacant position without being subject to a testing procedure;
provided, the member of the bargaining unit satisfies the minimum requirements for the position
within twelve calendar months from the date of appointment Otherwise the member shall be
demoted to the previous position occupied by the member.
Section 6. Employees demoted as a result of administrative decisions and not based
on discipline, shall be given first consideration should the position reopen and such position
offered, providing however, no unusual discipline problems have occurred between the demotion
and subsequent position opening.
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ARTICLE 14
HOURS AND TIME EXCHANGE
Section 1. There is hereby established a series of fourteen-day work periods. Shift
schedule shall be on duty twenty-four (24) hours and off duty forty-eight (48) hours.
Section 2. Time of shift change will be 0800 hours.
Section 3. Employees may have the privilege to exchange duty time, subsequent to
approval by the Assistant Chief. The replacement employee must be of at least equal duty
qualification of the employee being excused from duty.
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ARTICLE 15
PERSONNEL REDUCTION
Section 1. In the case of personnel reduction, the Employee with the least seniority
shall be laid off first. In determining seniority for the purpose of personnel reduction, only time
as a full-time paid Employee in the Owasso Fire Department shall be counted.
Section 1. No new employee shall be hired until all employees laid-off during the past 24-
month period have been notified of any position vacancy within the Fire
Department. Such notification will take place via registered mail Return
Receipt Requested. Correspondence shall be sent to the last known address of
the employee who requires notification.
It will then be the duty of the employee to notify Human Resources of his intention to
pursue the available position. Such response shall be received within 30 days of receipt of
registered mail notification. The employee's failure to respond within the 30-day period shall be
considered an acknowledgment that the employee does not intend to reinstate his employment
with the Owasso Fire Department.
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ARTICLE 16
STAFFING
Section 1. Employer shall authorize and appropriate funds providing for a minimum
of twenty-seven (27) member department, including Fire Chief and Deputy Chief/Designated
Administrative Assistant, but excluding any clerical employees. The openings within the
department shall be at the discretion of the Fire Chief and the Employer Manager.
Section 2. The Union shall be notified of any opening of a job position within the
Owasso Fire Department, and when and where advertisement of said position is being advertised,
according to Equal Employment Opportunity (EEOC) regulations.
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ARTICLE 17
SAFETY AND HEALTH CONIlVIITTEE
Section 1. The Employer and the Union agree to cooperate to the fullest extent in the
promotion of safety and health, on the Employer's premises and while carrying out the mission of
the Employer and the duties of the employees.
For this purpose, it is agreed to establish a Safety and Health Committee to consist of two
(2) members and one (1) chairperson appointed by the Union.
Section 2. The Safety and Health Committee will have the authority to conduct on-
site inspections of equipment, buildings, and other related areas to the occupational environment
of the Bargaining Unit. They shall also have the latitude to make studies of safety equipment and
practices and to conduct investigations into health hazards that maybe appropriate to protect the
Employer's interest as it may relate to Worker's Compensation or other liability inherent to
occupational diseases and injury and to protect the employees right to a safe employment
environment. Members of the Committee may be excused from duty for the work of the
Committee, subject to the prior approval of the Fire Chief.
Section 3. The Union and the Employer agree to make every effort to correct safety
hazards or unsafe working conditions identified by the Safety Committee. It is understood that
recommendations of the Committee are not subject to the Grievance Procedure for the
Agreement.
Section 4. The Safety and Health Committee recommendations to correct safety
hazards and/or unsafe working conditions shall be discussed by the Chairperson of the
Committee, with the Chief or his designated representative. The answer shall be orally submitted
by the Chief or his designated Administrative Assistant within five (5) business days to the
Committee.
A. If the hazard or condition is not corrected by the provision of Section 4, it shall be
submitted in writing to the Chief or his designated Administrative Assistant.
B. The Fire Chief shall submit his answer in writing to the Safety and Health
Committee within five (5) business days. If the hazard or condition has not
been corrected within that time, it then shall be sent to the City Manager for
adjustment.
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C. The City Manager shall submit his answer in writing to the Fire Chief and the
Committee in five (5) business days.
Section 5. All "First Notice of Injury" and accident reports will be forwarded by the
worker's compensation coordinator to the Union Secretary within 72 hours of the incident.
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ARTICLE 18
GRIEVANCE PROCEDURES
Section 1. The Union or any employee covered under this Agreement may file a
grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and
shall be afforded the full protection of this Agreement.
Section 2. Union President, Vice-President, and Union Grievance Committee, as
used hereinafter, shall be understood to mean those persons whose names have been previously
identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is
understood and agreed that the names of such person or persons shall be submitted to the Fire
Chief, or his designated Administrative Assistant, within fifteen (15) working days after such
person or persons are elected and/or appointed.
Section 3. Any controversy between the Employer and the Union or any employee
concerning the interpretation, enforcement or application of any provision of this Agreement,
concerning any of the terms or conditions of employment contained in this Agreement, shall be
adjusted in the following manner:
A. The grievance shall be discussed by the employee with the Chief or his designated
Administrative Assistant. Said employee and one of the following; Union
President, Vice-President or Grievance Committee Chairman, shall be present at
said discussion. The answer shall be submitted in writing by the Chief or his
designated Administrative Assistant, within five (5) business days to the
employee(s) involved and to the Union President.
B. If the grievance is not settled by the provision of Section 3A, it shall be submitted
in writing to the Union Grievance Committee. Within ten (10) business days from
the written answer rendered by the Chief, or his designated Administrative
Assistant, the Union Grievance Committee shall determine, in their sole discretion
and judgement, whether or not a grievance exists within the terms and conditions
of this Agreement.
If the Union Grievance Committee finds a grievance does exist, the
Committee shall submit, in writing, the grievance to the Fire Chief for
adjustment, within ten (10) business days of the Chiefs written answer.
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2. If the Union Grievance Committee finds a grievance does not exist, no further
proceedings shall be necessary.
C. The Fire Chief shall submit his answer in writing to the employee involved and to
the Union Grievance Committee within ten (10) business days. If the grievance has
not been settled within that time, it then shall, within ten (10) business days, be sent
to the City Manager for adjustment .
D. The City Manager shall submit his answer in writing to the Fire Chief, the
employee involved, and the Union Grievance Committee within ten (10) business
days. If the City Manager and the Union Grievance Committee have not settled the
grievance within that time, it shall be submitted to arbitration for adjustment as
follows:
Within twenty (20) business days of the City Manager's answer, the parties
shall jointly request a panel of seven (7) arbitrators from the Federal
Mediation and Conciliation Service.
2. Within ten (10) business days from the receipt of such panel, a representative
of the Union and the City shall meet and alternately strike names until one (1)
arbitrator remains who shall be selected as the impartial arbitrator. The party
requesting arbitration shall strike the first name.
3. Upon notification to the Federal Mediation and Conciliation Service of the
selection of the arbitrator, and the arbitrator is contacted, the date for the
Arbitration Hearing shall be set within ten (10) business days from the date
the arbitrator is notified of his selection.
4. Within twenty (20) business days after the conclusion of the hearing, the
arbitrator shall issue a written opinion containing findings and recommenda-
tions with respect to the issues presented. A copy of the opinion shall be
mailed or delivered to the Union and the Employer.
5. With respect to the interpretation, enforcement or application of the
provisions of this Agreement, the decision, findings and recommendations of
the arbitrator shall be final and binding on the parties to this Agreement.
6. The arbitrator's authority shall be limited to the interpretation and application
of the terms of this Agreement and/or any supplement thereof. The arbitrator
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shall have no jurisdiction to establish provisions of a new agreement or
variation of a new agreement or variation of the present Agreement or to
arbitrate away, in whole or in part, any provisions or amendments thereof.
This shall not preclude individual wage grievances.
7. The cost of the impartial arbitrator shall be shared equally between the Union
and the Employer. If a transcript of the proceedings is requested, then the
party so requesting shall pay for it.
Section 4. All time limits set forth in this Article may be extended by mutual
consent, but if not so extended, they must be strictly observed. If a party fails to pursue any
grievance within the time limits provided, he shall have no further right to continue the
grievance.
Section 5. It is specifically and expressly understood that filing a grievance under
this Article which has as its last step final and binding arbitration, constitutes an election of
remedies and a waiver of any and all rights by both parties, the Union or other representatives of
the party, to litigate or otherwise contest the last answer rendered through the Grievance
Procedure, in any court of other appeal forum.
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ARTICLE 19
DUES CHECK-OFF
Section 1. The Employer agrees to deduct regular monthly Union dues from earned
wages of those employees who are in the bargaining unit. The deduction shall be made from
each paycheck in an amount certified to be correct by the Secretary-Treasurer of the Local Union.
Fifteen (15) days subsequent to the effective date of this Agreement, all members of the
Bargaining Unit desiring payroll deduction of Union dues shall individually sign an authorization
card provided by the Union and approved by the Employer, authorizing the stated monthly dues
deduction be made. The Payroll deduction shall be revocable by the employee notifying the
Employer in writing. The Union shall be notified of any revocation.
Section 2. The Employer will deduct only Union dues from the employee's paycheck
and will not deduct initiation fees, special assessments, fines or any other deductions except for
dues. In the event of an increase or decrease in Union dues, the Union will give the Employer
thirty (30) days notice in order to allow the Employer to make the proper changes in its
accounting records. No deductions will be made when the salary to be paid an employee is not
sufficient to cover the amount deducted.
Section 3. On the same day as payroll is issued, a deposit for the total deductions
shall be made into one of the following financial institutions as selected by the Union; First Bank
of Owasso or RCB. It shall be the responsibility of the Union to provide the Employer with
deposit slips. The deposit receipt shall been sent to the Union Secretary along with a detailed
report showing individual employee's name and deduction amount at the time of deposit.
Section 4. All deductions will be for the month in which they are taken. All
deductions refundable at the time of termination or resignation will be refunded by the Union.
The Employer shall not be responsible for errors. In the case of any error or improper deduction
being made by the Employer, a proper adjustment of the same shall be made by the Union with
the employee affected.
Section 5. The Union shall indemnify, defend and hold the Employer harmless
against any claims made and against any suits instituted against the Employer on account of
payroll deduction of Union dues or deposit of Union dues.
Section 6. This service will be provided at no expense to the Union or its members.
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ARTICLE 20
COMPENSATION
Section 1. For the purpose of this Labor Agreement, each employee of the bargaining
unit shall receive compensation based on the range and step plan located in Appendix A on July
1, 2008, according to the range and step list in Appendix B (with adjustments in steps effective
on anniversary dates, subject to performance evaluations.) The rates contained in the Appendix
A range and step plans do not include compensation which maybe added to the base rate as
provided in Article 20, Section 5; Article 20, Section 6; and Article 31.
Section 2. Employees working an eighty (80) hour pay period shall have their pay
calculated by the following formula: base (rate from range and step plan PLUS added pay as
provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054,then
divided by 2080.
Section 3. New employees shall be compensated at the Entry Level/Probationary rate
in Appendix A according to the employee's level of EMT certification, except when the new
employee is currently employed with another municipal Fire Department and possesses an
International Fire Service Accreditation Congress Firefighter I certificate and has previous
Advanced Life Support experience. A Firefighter/Medic meeting this criteria maybe eligible for
lateral entry. The Fire Chief shall conduct a review of the individual's qualifications and
experience and determine the appropriate entry-level rate within the range corresponding with the
employee's level of EMT certification. New hires shall not be brought in higher than Step 5.
New hire placement at a step other than entry level will not affect seniority or seniority based
considerations. Upon successful completion of the twelve-month probation period, the
employee shall advance to the next step in the Step Plan in Appendix A.
Section 4. Upon promotion employees shall receive a promotional increase to the
corresponding range and step that represents at least an increase of 5% for each increase in rank.
Section 5. In addition to their base compensation, Employees who are awarded a
degree from an accredited college or university are eligible for Education Incentive pay.
Employees holding multiple degrees shall receive the compensation identified for the
highest single degree for which the employee qualifies. Education Incentive pay is added to, and
included in the employee's base rate of pay.
A. Associates Degree in the field of Fire Protection Technology, Nursing, or EMS
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thirty-nine cents per hour ($0.39)
B. Associates Degree not in the field of Fire Protection Technology, Nursing, or
EMS, twenty cents per hour ($0.20).
C. Bachelor's Degree in the field of Fire Protection Technology, Nursing, or EMS,
fifty-nine cents per hour ($0.59)
D. Bachelor's Degree not in the field of Fire Protection Technology, Nursing, or
EMS thirty-nine cents per hour ($0.39)
E. Master's Degree, forty-nine cents per hour
A transcript must accompany each request for initial payment and each request for increasing that
payment.
Section 6. Employees of the bargaining unit who obtain and maintain Emergency
Medical Technician Defibrillator National Certification as prescribed by Oklahoma State Statutes
shall receive the following hourly rates added to and included in the Employee's base rate of pay.
A. Firefighters with EMT Basic certification shall receive fifty-three cents per hour
($0.53)
B. Firefighters with Intermediate certification shall receive forty-three cents per hour
($0.43)
C. Captains and Training Officers shall receive thirty-nine cents per hour ($0.39)
D. Fire Marshalls and Assistant Chiefs shall receive twenty cents per hour ($0.20)
E. Captains with a paramedic license shall receive fifty-nine cents per hour ($0.59)
F. Firefigher-Paramedics are not eligible for Defibrillator Certification incentive
pay.
G. Firefigher-Paramedics shall receive twenty-four cents per hour ($0.24) for
possessing an Emergency Medical Paramedic National Certification.
Employees of the bargaining unit assigned the additional duty of Mechanic, or EMS
Manager shall have the herein designated compensation added to and included in their base
rate of pay. Assigned additional duties may require assessment center testing to determine
qualifications prior to the actual assignment by the Fire Chief.
"Mechanic" -- Eighty-three cents per hour ($0.83/hr)
"EMS Manager"-One dollar per hour ($1.00/hr)-Effective January 1, 2009, the
One dollar per hour ($1.00/hr) EMS Manager additional duty pay will be removed
and no longer added to the Employee's base rate of pay.
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Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC,
Proboard or other Instructor II certification, shall receive thirty-nine cents ($0.39) added to and
included in such members base hourly rate. In order to be eligible for the thirty-nine cents
($0.39) certification programs must be approved in advance by the Fire Chief.
Bargaining unit members who obtain and maintain Hazardous Materials Technician
certification, shall receive twenty-nine cents ($0.29) added to and included in such members base
rate of pay. In order to be eligible for the twenty-nine cents ($0.29) the certification program
must be approved in advance by the Fire Chief.
Section 7. In addition to the employee's regular rate of pay, an employee engaged in
fire protection activities shall receive an overtime premium of one and one-half (1 1/2) of his
regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one
and one-half (1 1/2) hour of compensatory time for each compensable hour of work in excess of
one hundred six (106) hours in the stated fourteen (14) day work period.
Accumulation of compensatory time shall be limited in accordance with the Personnel Policy and
Procedure Manual of the City of Owasso, Oklahoma. As pertains to compensatory time, it is
agreed that the employee shall have the right to select when to take such compensatory time off;
provided,-the taking of such time off will not adversely impact upon departmental operations, as
determined by the Fire Chief or his designated Administrative Assistant.
The term "compensable hours of work" shall be defined as set forth in Section 553.14 of
the Department of Labor Regulations covering employees of public agencies.
It is specifically understood that any leave taken by the employee during the aforestated
fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly
accumulation for purposes of determining overtime in accordance with the Fair Labor Standards
Act. Provided however, for computation of employee work hours all compensable leave except
sick leave shall be considered as hours actually worked.
Section 8. The incentive pro-pay of seven cents per hour ($0.07/hr) previously
provided for in Article 20, Section 7, is included in the base pay provided in Appendix A as of
the 2006-2007 contract year.
Section 9. For the purpose of the 2008-2009 contract year the following employees
will have the indicated amounts added to and included in their base rate of pay.
Tracy Tremain $0.25
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ARTICLE 21
OVERTIME AND CALL BACK
Section 1. As a condition of employment, employees may be required to work
overtime because of increased workload, sickness, absences of other employees or emergencies.
If an employee is on duty and is required to continue working past his normal shift, he shall be
paid overtime pay for actual hours worked at one and one-half (1 1/2) times the regular rate of
pay. Once the employee has worked 8 hours of scheduled overtime, he may have the option, if
his relief shows up early, to either finish out the scheduled overtime or leave early. All leave
except sick leave shall be considered as actual hours worked for the purpose of overtime
compensation. For purpose of computation of overtime compensation, the employee's regular
rate of pay shall be deemed to be that as defined by the Department of Labor Regulations
implementing Fair Labor Standards Act.
Section 2. A minimum of three (3) hours call back pay at one and one-half (1 1/2)
times the regular rate shall be paid to any member of the bargaining unit who is called back after
his normal tour of duty.
Section 3. Any employee required by the Employer to attend any school, workshop,
or seminar, shall be paid per diem at his hourly rate of pay as established pursuant to the pay plan
herein referred to for any hours of days that he would normally be off duty. Pay for normal off
duty time will include travel time, attendance time in the course of the instruction, and return
home.
Section 4. Employees who are on approved holiday, vacation or personal leave shall
not be eligible for mandatory call back or overtime, unless said employee is available and needed
to combat a catastrophic emergency situation, such defined herein as being any unexpected
disastrous occurrence requiring response by the Owasso Fire Department in excess of the
manpower existing on the normal duty shift to protect lives and property, as determined by the
Chief of the Department.
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ARTICLE 22
VACATIONS AND HOLIDAYS
Section 1. New employees shall accrue 12 hours per month as holiday compensation.
After completing one year of employment with the department, new employees shall be granted
120 hours of vacation leave. At that time the employee will begin accruing leave monthly
according to the following schedule:
Years of Holiday Vacation Method of Maximum
Employment Yearly Yearly Accumulation Limit*
Total Total
0-1 yr 144 0 12hrs/mo 264 hrs.
1-4 yrs 144 120 22 hrs/mo 384 hrs.
5-9 yrs 144 144 24 hrs/mo 408 hrs.
10-14 yrs 144 192 28 hrs/mo 456 hrs.
15-19 yrs 144 216 30 hrs/mo 480 hrs.
20 +yrs 144 240 32 hrs/mo 504 hrs
Section 2. All vacations and holidays must be taken in not less than one (1) hour
increments. If a vacation request is denied for an employee who is at his vacation accrual
maximum, the excess accumulation will be allowed for a defined period as determined on a case
by case basis.
Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period
shall accrue vacation and holidays in accordance with the schedule found in the Personnel
Manual. Employees over the Personnel Manual's maximum vacation accrual at the time of
transfer will be allowed to carry forward their current accrued vacation for future use.
Section 4. Employees in the bargaining unit may donate vacation leave to another
employee in the bargaining unit by notifying Human Resources in writing, to include the
recipient of the donation and the number of hours.
30
ARTICLE 23
SICK LEAVE
Section 1. Employees within the bargaining unit shall earn sick leave in the amount
of 216 hours annually. The method of accrual shall be in increments of 18 hours per month. No
employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time.
Section 2. Any member of the bargaining unit absent from duty for three (3)
consecutive days or three (3) total days during "any one quarter" of the year because of illness
shall, upon reporting for duty, present his supervisor with a physician's release which shall attest
to the sickness or injury and verify the employee is physically ready for duty.
Section 3. Fifteen percent (15%) of accrued sick leave shall be paid to an employee
upon service retirement or disability retirement or death. An employee may instead convert
fifteen percent (15%) of their accrued sick leave to terminal leave. In order to be eligible for this
benefit the employee must provide the City sufficient notice of pending retirement and election
option. Said notice to be not less than ninety (90) days prior to expected date of retirement.
Such pay will be calculated at the employee's rate of pay at the time of disbursement. Upon
death, fifty~ercent (50%) shall be paid to the beneficiary designated by a Last Will and
Testament or pursuant to the laws of the State of Oklahoma pertaining to intestate succession.
Section 4. Fire Department shift employees will be granted two shifts off for funeral
leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty-
four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee
to attend the funeral of an immediate family member, defined as: spouse, children (including
stepchildren), parents (including stepparents), grandparents,
grandchild, brother or sister (including step brother or step sister). Funeral leave may also be
used by an employee to attend the funeral of his/her spouse's immediate family members as
defined above. Such leave must be approved by the Fire Chief and is not charged against any
leave accumulation. Funeral leave can be taken in half hour increments. An employee may
request to use vacation or sick leave to attend other funerals.
Section 5. After an Employee has accrued 1440 hours of sick leave, he/she shall be
eligible to participate in the following sick leave incentive program.
If during the fiscal year an employee covered by this agreement uses:
0 shifts of sick leave -such employee shall receive 28% of that employee's monthly base pay.
31
1 shift of sick leave -such employee shall receive 20% of that employee's monthly base pay.
2 shifts of sick leave -such employee shall receive 13% of that employee's monthly base pay.
3 shifts of sick leave -such employee shall receive 7% of that employee's monthly base pay.
Any Employee covered by this agreement who uses more than three (3) shifts of sick leave
during the fiscal year shall not be eligible for this incentive program. Payment for those
employees eligible will occur as a lump sum in the first pay period following June 30th of each
year.
Section 6. Employees in the bargaining unit who work an eighty (80) hour pay
period shall be eligible to participate in the sick incentive program outlined in Section 5, as stated
above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for
employees covered by this Section 6.
Section 7. Employees within the bargaining unit shall be eligible for incentive pay
through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave
Grant/Incentive Plan offered to all employees of the City such member waives his/her right to the
Sick Incentive pay herein described in, Section 5 and 6. A member may elect to participate
exclusively in the Sick Leave Grant segment of the plan available to all employees and still be
eligible for the Sick Leave Incentive herein described in Section 5 and 6.
Section 8. Employees in the bargaining unit who work an eighty (SO) hour pay period
shall accrue sick leave in accordance with the schedule found in the Personnel Manual.
32
ARTICLE 24
COURT AND JURY LEAVE
Section 1. Employees who are required to serve as court witnesses or jurors shall be
granted time off with pay to serve in that capacity, subject to the following rules:
A. An employee subpoenaed to testify in a court action not arising out of the
performance of his duty, involving the federal, state, or municipal government,
shall not receive his regular salary, but may use annual leave or be granted a leave
of absence without pay for the length of such service.
B. An employee serving such duty shall present to his supervisor the original
summons or subpoena from the court and, at the conclusion of the duty, a signed
statement from the clerk of the court showing the actual dates of attendance at
court.
C. An employee serving on jury duty or subpoenaed to testify in a court action
arising out of the performance of his duty, involving the federal, state, or
municipal government, shall be paid his normal rate of pay for that period or the
amount paid by the court, which ever is greater. For the purpose of this article,
the normal rate of pay shall include "scheduled overtime" pay.
33
ARTICLE 25
UNIFORMS AND BED LINENS
Section 1. The Employer shall purchase and replace Employer designated uniforms
when, in the opinion of the Fire Chief, such uniforms have fallen below the acceptable level of
appearance.
Section 2. It is understood that the Employer will provide to each newly hired
Employee the following: two (2) short sleeve dress shirt; one (1) long sleeve dress shirt; two (2)
pair dress slacks; one (1) winter jacket; one (1) belt; one (1) tie; two (2) badges; one (1) pair of
boots or shoes; one (1) pair of cold weather gloves; one (I) flashlight and (1) nametag. After
successful completion of the twelve month probation period the Employer will provide each
Employee four (4) department issued short sleeve t-shirts, four (4) department issued long sleeve
t-shirts, two (2) department issued sweatshirts, and four (4) pair of work pants.
Section 3. All safety equipment, such as helmets, bunk out coats, pants, boots, safety
gloves, Nomex coverall and Nomex hood will be furnished by the Employer, in accordance with
the rotation plan developed by the Safety and Health Committee, submitted to the Chief by July 1
and approved by the Chief.
Section 4. The cleaning allowance of thirteen cents per hour ($.13/hr) previously
provided for in Article 25, Section 4, is included in the base pay provided in Appendix A as of
the 2006-2007 contract year.
Section 5. Employer shall repair or replace or reimburse employee at Employer's
expense, the current market value, the employee's personal property, clothing and/or equipment
which a fire fighter or medic might be reasonably expected to have on duty or use while
performing his duties, which is lost, destroyed or damaged beyond the capability of maintaining a
professional appearance or usefulness for his duties. Either the repair, replacement or
reimbursement of such items will be at the Employer's discretion. Any damaged property
replaced by the Employer shall become the property of the Employer. Further, the Employer, as
well as the employee, will cooperate in any investigation regarding said loss or destruction. All
requests relating to the repair, replacement or reimbursement of personal property shall be made
to the Fire Chief, such requests shall be reviewed by a Peer Board Committee. The Peer Board
Committee shall be comprised of the entire membership of the Safety and Health Committee
appointed for a term equal to that of their service on the Safety and Health Committee. No action
34
can be taken until such committee shall first consider the request and then recommend action to
the Fire Chief. The maximum expense the Employer shall have by virtue of this Article shall be
limited to One Thousand Dollars ($1000.00) per bargaining unit member per year. No personal
property items will be replaced that are lost, destroyed or damaged while performing routine
functions, at the fire station.
Section 6. All fire fighters will receive protective clothing, as per standard operating
procedure of the department.
Section 7. The one cent per hour ($.O1) previous provided in Article 25, Section 7, is
included in the base pay provided in Appendix A as of the 2006-2007 contract year.
Section 8. Each contract year the City shall provide each member four hundred fifty
dollars ($450.00) worth of approved department duty clothing. The Fire Chief prior to the
budget year shall designate the type of clothing eligible under this Article. Any items purchased
in excess of the allocated amount will be the responsibility of the member. The Fire Chief will
submit a purchasing list to each member, award appropriate contracts to vendors, and place
necessary orders.
There will at no time be any money given to the member by the vendor for any reason
pertaining to the clothing purchased with the allocated account.
The following items are approved for purchase from the uniform fund: Nomex or 100%
cotton shirts (long and short sleeve), uniform pants, light weight jacket, winter coat, duty
shoes boots, uniform belts, sweatpants, sweatshirt, workout shorts, t-shirts (long and short
sleeve), ball caps, and collar brass and nameplate. Additional items maybe added to this list by
the Fire Chief.
Section 9. Members of the bargaining unit shall maintain their uniforms in a safe,
neat, and presentable condition. Members shall always maintain an extra proper uniform ready
for immediate usage at the station, in case the need arises.
Section 10. Members of the bargaining unit shall be responsible for replacing their
own articles of clothing and uniform with the exception of those items described hereinabove in
Section 5 of this Article.
35
ARTICLE 26
INSURANCE
Section 1. The Employer shall provide to all members of the bargaining unit Health,
Vision and Dental Insurance that includes a basic benefit package selected by the City. The
Employer shall be responsible for One Hundred Percent (100%) of the cost of such coverage.
Section 2. The Employer will provide a basic life insurance policy as a supplement to
the above-mentioned Health Insurance, of which One Hundred Percent (100%) of the cost of
such life insurance shall be paid by the Employer.
Section 3. The Employer shall pay that amount contributed on behalf of all other
non-managerial City employees as a matter of City policy, as a subsidy for each employee's
dependent health care coverage. Should the cost of such dependent health coverage increase, the
Employer shall bear such increase in cost. The Employer shall also pay a subsidy for each
employee's dependent vision and dental insurance in an amount equal to that provided for all
other employees if the employee elects to cover such dependents under the City sponsored policy
and plan.
Section 4. The employer shall provide for retiree participation in the employer group
health insurance program pursuant to the terms and conditions of 11 O.S.:23-108.
36
ARTICLE 27
TUITION REIMBURSEMENT
Section 1. The employer shall reimburse tuition, under the limitations hereinafter set
forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or
approved related field. The course(s) on which reimbursement will be requested must be
approved by the Department Director prior to enrollment (Personnel Form number 10).
The tuition herein provided shall be the actual tuition designated for the institution
attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive
Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma
System of Higher Education established by the Oklahoma State Regents for Higher Education. A
copy of the "Student Fees" book may be reviewed in the City Finance Office, prior to seeking
reimbursement. In addition to the tuition reimbursed, the City agrees to pay toward fees, three
dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria.
Employees must maintain at least 2.0 on a 4.0 scale or a minimum of a "C" grade on a
letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non-
payment of tuition for those hours.
Upon verification of satisfactory completion of the course, reimbursement for tuition
shall be made to the employee.
Section 2. If an employee voluntarily or involuntarily separates from employment
within three years of the last tuition reimbursement, and/or within three years of the last payment
made by the Employer for Paramedic classes for that employee, the employee will be required to
repay 100% of the tuition reimbursement and/or cost incurred for Paramedic classes during that
three year period. Prior to receiving tuition reimbursement and/or enrollment in Paramedic
classes to be paid by the Employer, the employee must complete an "Education/Training
Repayment Agreement." Attached Exhibit D.
37
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of the parties hereto
during the term of this contract; and, no provisions, terms or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever, by the consolidation, merger or
annexation, transfer or assignment, of either party hereto, or affected, modified, altered or
changed of any kind in the ownership or management of either party hereto, or by any change
geographically of place of business of either party hereto.
38
ARTICLE 29
SAVINGS CLAUSE
Section 1. If any provision of this Agreement or the application thereof to any person
or circumstances is held invalid, the invalidity shall not affect other provisions or applications of
this Agreement which can be given effect without the invalid provisions or application, and to
this end, the provisions of this Agreement are severable.
Section 2. It is understood that the foregoing is a complete understanding of all the
terms and conditions of employment to be governed by this Agreement during the contract period
and it cannot be altered in any manner, save by the complete written concurrence of the parties
subscribing hereto.
Section 3. Any appendices to this Agreement shall be numbered, dated and signed by
the Employer and the Union and shall be subject to the provisions of this agreement unless the
terms of said appendices specifically delete or change a provision of this Agreement, and all
appendices shall become a part of this Agreement as is specifically set forth herein.
Section 4. It is understood that all time limits found in this Agreement maybe
extended by mutual concurrence.
Section 5. Nothing herein should preclude the City from being in compliance with
the Americans with Disabilities Act.
39
ARTICLE 30
WORKING OUT OF CLASS
Section 1. In the absence of a Driver from any station, afirefighter/medic will be
designated by the Officer in charge of the station as "Acting" Driver and shall receive a
temporary increase in pay of ($15.00)/shift effective at the beginning of the first (1 ~`) shift.
Section 2. In the absence of a Captain from any station the Driver acting as a Captain
shall receive a temporary increase in pay of ($20.00)/shift effective at the beginning of the first
(1st) shift; any part of a shift shall be considered as working out of class for the entire shift.
Section 3. In the absence of the senior officer in charge of a shift, the Captain acting
as the senior officer in charge of the shift shall receive a temporary increase in pay of
($35.00)/shift effective at the beginning of the first (1st) shift.
Section 4. A Battalion Chief or an acting Battalion Chief while working as the officer
in charge of a shift shall not be required to work as a medic.
40
ARTICLE 31
LONGEVITY
Section 1. The Employer shall pay each Employee covered by this Agreement,
longevity pay, added to and included in Employee's base rate of pay for each year of service with
the department from the Employee's date of hire. Longevity pay shall begin after the Employee
has completed five (5) consecutive years of service with the department, and will be paid
according to the following scale.
Years of Service Rate er Hour
20 $0.65
19 $0.62
18 $0.59
17 $0.56
16 $0.52
15 $0.49
14 $0.46
13 $0.43
12 $0.39
11 $0.36
10 $0.33
9 $0.29
8 $0.26
7 $0.23
6 $0.20
5 $0.16
41
ARTICLE 32
RETIREMENT AND PENSION
The Employer-paid four percent (4%) of each Employee's required eight
percent (8%) contribution toward the Oklahoma Firefighters Pension and Retirement System
previously provided for in Article 32 is included in the base pay provided in Appendix "A" as of
the 2006-2007 contract year.
42
ARTICLE 33
PHYSICAL FITNESS PROGRAM
The employer shall pay a fifteen dollar ($15) per month program fee for each member of
the bargaining unit who signs up to participate in an employer sponsored voluntary fitness
program. The voluntary fitness program must be through a fitness facility designated by the
employer.
Participating members must agree to allow the fitness facility to release individual goals,
progress and participation dates to the employer on a monthly basis. Participating members
working out while not on duty are not covered by Workers' Compensation.
Should a participating member not take part in his/her physical fitness program at least
once within any seven (7) day period, excluding time used for vacation or extended sick leave,
that member must reimburse the employer for that month's program fee.
The City agrees that subsequent to one (1) year of operation we will review the programs
effectiveness & productivity to see if further incentives or rewards are appropriate.
Section 2. The City and members of the bargaining unit agree to meet to explore
feasible options for a Physical Fitness Program that encourages wellness among the members.
43
ARTICLE 34
DRUG & ALCOHOL TESTING
The Union and its bargaining unit members agrees to comply with all of the provisions
described in the Substance Abuse Policy as described in the attached Exhibit "C".
44
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
2008.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
By:
ATTEST:
Mayor
Sherry Bishop, City Clerk
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL NO. 2789
B y:
President
ATTEST:
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
45
APPENDIX A
The rates contained within the Appendix A pay plan do not include compensation which maybe
added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31.
a
0
c~
0
~ N C'7 ~ ~ CO ti W O) ~r r
Effective July 1
2008
w a
m
~ a
~ Q
~ a
a~
~ a
a~ a
a~ a
~ a
~ a
~ Q
a~ Q
a~
, ~ ~ ~ ~ ~ ~ ~ ~ ~
FF/Basic EMT 11.09 11.48 11.89 12.31 12.75 13.20 13.67 14.16 14.66 15.17 15.72 16.28
FF/Int EMT 12.09 12.52 12.96 13.42 13.90 14.39 14.91 15.43 15.98 16.54 17.13 17.75
DR/FF-Paramedic 13.88 14.36 14.87 15.39 15.93 16.48 17.06 17.66 18.27 18.91 19.57 20.26
Cpt/EMS Manager* 17.26 17.88 18.51 19.17 19.85 20.56 21.28 22.04
Chiefs/Fire Marshall 21.65 22.42 23.22 24.04 24.89 25.78
*Effective January 1, 2009 EMS Manager will be placed in the Chiefs/Fire Marshall pay
range.
46
APPENDIX B-Range and Step as of July 1, 2008
Atwell, Shane CP8
Berk, Josh FP2
Bishop, John CP10
Blevins, Mike CP10
Collins, Chuck FP 1
DeMauro, Kris CP 11
Gomez, Eric FP2
Gosvener, Bobby CP9
Greenburg, Aaron DRS
Hurst, David BC10
Ingram, Barry FP 1
Jackson, Jason FP3
Jennings, Kip DR4
Kelley, Bruce CP11
Lewis, Mickey DP8
Linthicum, Jarrod FP1
Mach, Chad FP2
McNichol, Shane CP6
Morton, Matt DR9
Mosier, Lloyd DR6
Nelson, Steven FI1
Parris, Rick CP11
Petersen, Johnny FIS
Potter, Brian FI2
Robinson, Tom BC10
Salts, Dan FM8
Seabolt, Patrick FI2
Shearer, Lucas FP1
Smith, Johnny DP9
Sole, David BC11
Stilwell, Kyle FP1
Stuckey, Mark AC 11
Tremain, Tracy FF 11
Wakley, Joe CP11
Walker, Jeff DR9
Williams, Robert DR1
Wofford, Ed FP10
Woods, David FP-probationary
Yeats, Jeff FP1
York, Eric DRS
47
EXHIBIT C
SUBSTANCE ABUSE POLICY
Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations,
and serve to undermine our community's confidence in the Fire Department.
The department cannot and will not condone drug or alcohol abuse on the part of its employees,
nor will it condone any employee behavior related to alcohol and/or illegal drugs on or off the job
that may serve to damage the department's reputation.
The nolicv concerning drug and alcohol use and abuse is a follows•
1. The Department will not hire anyone who is known to currently abuse substances.
2. The Department will educate and inform its employees about the health consequences of
drug and alcohol abuse.
3. Employees must report to work in a fit condition to perform their duties. Being under the
influence of drugs or alcohol is not acceptable.
4. Any employee on department business, on or off City premises, is prohibited from
purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription
drugs in a way that is illegal.
5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse
problem; however, continued performance, attendance, or behavioral problems may result
in disciplinary action.
6. Employees on physician-prescribed medication must notify the Chief or his/her designee,
if there is a likelihood that such medication could affect job performance and safety.
7. Employees who are convicted, plead guilty, or who plead no-contest for off-duty drug or
alcohol involvement may be considered to be violation of the policy.
S. All available assistance programs shall be made available to the employee, either at the
request of the employee, or as a requirement for continued employment, based on factual
evidence of a substance abuse problem.
9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any
City Property.
10. Drug testing shall be conducted according to the policies and procedures outlined in this
policy as well as the applicable existing Federal and Oklahoma State laws and regulations
(Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554).
Conditions under which an applicant/employee will be tested are:
a. Applicants for employment once a conditional offer of employment has been made.
b. For existing employees on the basis of:
i. Reasonable Suspicion.
ii. Post-Accident where the employee or another person has sustained a
work-related injury or the employer's property has been damaged,
including damage to equipment, in an amount reasonably estimated
at the time of the accident to exceed five hundred dollars ($500.00).
iii. Post-rehabilitation testing.
48
iv. Random testing.
11. Failure to submit to a required drug or alcohol test or having a confirmed positive result
of such a test will subject the employee to disciplinary action.
12. The City will pay for all City required drug/alcohol testing as required for the proper
administration of this policy.
13. In addition the City will pay for a second test at a separate certified facility if a second test
is requested by the employee immediately following the first test.
14. If requested by the employee, the City agrees to pay for a blood test at a certified facility
to test carbon monoxide levels.
Definitions used in the policy:
1. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State
of Oklahoma.
2. "Alcohol" means ethyl alcohol or ethanol.
3. "Applicant" means a person who has applied for a position with the City.
4. "Board" means the State Board of Health.
5. "The City" means the City of Owasso.
6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of
a prior drug or alcohol test on the same sample and which uses different chemical
principles and is of equal or greater accuracy than the prior drug or alcohol test.
7. "State Department" means the State Department of Health.
8. "Drug" means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens,
methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs,
or a metabolite of any of the substances listed herein.
9. "Drug or alcohol test" means a chemical test administered for the purpose of determining
the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue,
fluids or products.
10. "Employee" means any member of the Fire Department (for interpretation of this policy
only).
11. "Employer" means the City of Owasso.
12. "Random selection basis" means a mechanism for selecting employees for drug or
alcohol testing that:
a. Results in an equal probability that any employee from a group of employees
subject to the selection mechanism will be selected, and
b. Does not give an employer discretion to waive the selection of any employee
selected under the mechanism.
13. "Reasonable suspicion" means a belief that an employee is using or has used drugs or
alcohol in violation of the City's written policy. This belief must be based on objective
and stated facts and reasonable inferences drawn from those facts in light of experience,
and maybe based upon, among other things:
a. Observable phenomena, such as:
i. The physical symptoms or manifestations of being under the influence of a
drug or alcohol while at work or on duty, or
ii. The direct observation of drug or alcohol use while at work or on duty.
b. A report of drug or alcohol use while at work or on duty, provided by reliable and
credible sources and which has been independently corroborated;
c. Evidence that an individual has tampered with a drug or alcohol test during
49
his/her employment with the City of Owasso, or
d. Evidence that an employee is involved in the use, possession, sale, solicitation or
transfer of drugs while on duty or while on the employer's premises or operating
the employer's vehicle, machinery or equipment.
14. "Review officer" means a person, qualified by the State Board of Health, who is
responsible for receiving results from a testing facility which have been generated by the
City's drug or alcohol testing program, and who has knowledge and training to interpret
and evaluate an individual's test results together with the individual's medical history and
any other relevant information.
15. "Sample" means tissue, fluid or product of the human body chemically capable of
revealing the presence of drugs or alcohol in the human body.
16. "Testing facility" means any person, including any laboratory, hospital, clinic or facility,
either off or on the premises of the employer, which provides laboratory services to test
for the presence of drugs or alcohol in the human body.
Drug or Alcohol Testing Restrictions:
The employer may only request or require an applicant or employee to undergo testing under the
following circumstances.
1. Applicant testing: The City may require a job applicant, upon a conditional offer of
employment, to undergo drug or alcohol testing and may use a refusal to undergo testing
or a confirmed positive test result as a basis for refusal to hire, provided that such testing
does not violate the provisions of the Americans with Disabilities Act of 1990, and
provided that such testing is required for all applicants who have received a conditional
offer of employment for a particular employment classification.
2. Reasonable suspicion testing: The City may require an employee to undergo drug or
alcohol testing if the employer has a reasonable suspicion that the employee has violated
the City's written substance abuse policy.
3. Post-Accident testing: The City may require an employee to undergo drug or alcohol
testing if the employee or another person has sustained awork-related injury or the
employer's property has been damaged, including damage to equipment, in an amount
reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00).
4. Random testing: The city may require an employee to undergo drug or alcohol testing on a
random selection basis.
5. Post-rehabilitation testing: The City may require an employee to undergo drug or alcohol
testing without prior notice for a period of up to two (2) years commencing with the
employee's return to work, following a confirmed positive test, or following participation
in a drug or alcohol dependency treatment program under an employee benefit plan or at
the request of the employer.
Confidentiality of Testing Results and Records Disclosure of General health Information
Prohibited:
1. The City shall maintain all drug and alcohol test results and related information, including,
but not limited to, interviews, reports, statements and memoranda, as confidential records,
separate from other personnel records. Such records, including the records of the testing
facility, shall not be used in any criminal proceeding, or any civil or administrative
proceeding, except in those actions take by the employer or in any action involving the
individual tested and the employer or unless such records are ordered released pursuant to
50
a valid court order.
2. The records described above shall be maintained by the employer and shall be the property
of the employer, and, upon the request of the applicant or employee tested, shall be made
available for inspection and copying to the applicant or employee. The employer shall not
release such records to any person other than the applicant, employee or the employer's
review officer, unless the applicant or employer, in writing following receipt of the test
results, has expressly granted permission for the employer to release such records or
pursuant to a valid court order.
3. A testing facility, or any agent, representative or designee of the facility, or any review
officer, shall not disclose to any employer, based on the analysis of the sample collected
from an applicant or employee for the purpose of testing for the presence of drugs or
alcohol, any information relating to:
a. The general health, pregnancy or other physical or mental condition of the
applicant or employee, or
b. The presence of any drug other than the drug or its metabolites that the employer
requested be identified and for which a medically acceptable explanation of the
positive result, other than the use of drugs, has not been forthcoming from the
applicant or employee. Provided, however, a testing facility shall release the
results of the drug or alcohol test, and any analysis and information related thereto,
to the individual tested upon his or her request.
51
APPENDIX D
EDUCATION/TRAINING REPAYMENT AGREEMENT
The undersigned, for and in consideration of the City of Owasso, Oklahoma's incurrence of costs
associated with my educational enhancement and or Paramedic training, hereby agrees that if and
in the event I should voluntarily or involuntarily separate from employment with the City of
Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition
reimbursement and/or Paramedic classes, then in such event I will reimburse the City of Owasso,
Oklahoma, one hundred percent (100%) of all expense incurred by said City for my tuition
reimbursement and/or cost incurred for my Paramedic classes.
In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my
final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing.
Further, it is my understanding that execution of this repayment agreement does not constitute an
agreement on the part of the City of Owasso, Oklahoma, to employ me for any term of years, or
portions thereof.
Employee Signature:
State of Oklahoma
County of
Date:
On this day of , 20_, before me, the undersigned, a Notary
Public in and for the County and State aforesaid, personally appeared
to me, known to be the identical person who executed the above
and acknowledged to me that the above was executed as a free and voluntary act and deed for the
uses and purposes therein set forth.
Given under my hand and seal the office the day and year last above written.
Notary Public
My Commission Expires
(Seal)
52
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MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
DAN YANCEY
CHIEF OF POLICE
SUBJECT: POLICE ACCESS TO HOTEL AND MOTEL RECORDS
DATE: July 8, 2008
BACKGROUND:
The majority of hotel and motel corporate policies prohibit disclosure of guest registration
information to third parties, including law enforcement, absent a court order or a statutory
provision compelling such disclosure. Fear of litigation by hotel guests aggrieved by the hotel's
disclosure of their personal information without authorization generally results in a hotel's
reluctance and refusal to provide information about its registered guests when asked by law
enforcement to do so. While a hotel's desire to avoid costly litigation is understandable, the
inability of police officers to obtain timely information, when needed, about the identity and
location of a person registered as a guest at the hotel or motel creates a more critical concern.
Recognizing that the majority of hotels and motels are unwilling to provide registration
information without a court order or statutory mandate because the hotel fears legal reprisals, a
number of cities have adopted ordinances requiring hotel and motel registration records to be
provided upon request for inspection by law enforcement officers. An ordinance of this type
makes disclosure of the requested information mandatory, and does not give a hotel or motel an
option to deny the request. In addition, the threat of potential liability faced by hotels and motels
for the disclosure of a guest's records is removed. If a hotel or motel provides its records to law
enforcement in compliance with an ordinance or statute, the hotel or motel cannot be held liable
to a guest for disclosing such records.
The proposed ordinance before the City Council establishes several basic requirements that
hotels and motels located within the City of Owasso must satisfy. These provisions include: 1) a
requirement that guest rooms on each floor of the hotel or motel be clearly marked and numbered
in such a way that rooms may be quickly located in an emergency, 2) a requirement that all
guests registering with a hotel or motel submit basic information, including the person's identity
and address, and a corresponding requirement that hotels and motels retain such registration
records for a period of at least three (3) years, 3) a provision prohibiting hotels and motels from
renting rooms to minors who are not accompanied by a parent or another authorized adult, and,
4) a requirement that all guest registration records be disclosed, upon request, to any officer of
the Owasso Police Department. Failure to provide guest registration records for inspection, upon
request, to an Owasso police officer as set forth in this section is punishable by a fine of Two
1
Hundred Dollars ($200.00), and may be assessed for each day the hotel or motel unlawfully
refuses to disclose the requested records.
Adoption of this ordinance would significantly enhance the ability of the City of Owasso's police
officers to take the action necessary in critical situations, and would serve to protect both the
police officers and other hotel guests in these types of situations. While circumstances requiring
disclosure of guest registration records fortunately do not occur frequently, certain situations do
require law enforcement intervention, and it is critical that police officers have timely access to
accurate guest registration records. Situations of this type include 1) locating and protecting
runaway juveniles staying in a hotel or motel room with an adult other than a parent, 2) locating
and apprehending persons suspected of having committed serious crimes, and, 3) safely locating
and apprehending individuals pursuant to an outstanding arrest warrant.
Ordinances similar to the proposed ordinances presented for the City Council's consideration
have been adopted by a number of municipalities throughout the country, and by several
municipalities within the State of Oklahoma, including the City of Tulsa. The ordinance adopted
by the City of Tulsa is substantially similar to the proposed ordinance. The constitutionality of
that ordinance was challenged in court several years after it was adopted, and was ultimately
upheld by the Oklahoma Court of Criminal Appeals. In that decision, the Court expressly
affirmed that municipalities within the State of Oklahoma possess the necessary police powers to
promulgate and enforce an ordinance making disclosure of guest registration records to law
enforcement officers mandatory. Appellate courts in other states have held likewise.
A provision designed to serve as a "checks and balances" measure has been included within the
proposed ordinance. Paragraph (G) requires disclosure of guest registration records by hotel and
motel employees but also mandates that the police officer requesting guest registration records
obtain authorization from the Chief or Deputy Chief of the Owasso Police Department to request
the records. This provision ensures that guest registration records will be requested for
inspection only when law enforcement's need for such records outweighs a hotel or motel
guest's expectation of privacy. The particular circumstances of each situation will be reviewed
by the Chief or Deputy Chief, and requests for hotel and motel guest registration records will
only be issued when the Chief or Deputy Chief determines that the request for disclosure is
justified.
RECOMMENDATION:
The staff intends to recommend City Council approval of the proposed ordinance at the July 15,
2008 regular meeting of the City Council.
ATTACHMENT:
Proposed Ordinance to be codified as Section 10-614, "Police Access to Hotel and Motel
Registration Records"
2
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO.
AN ORDINANCE RELATING TO PART 10, OFFENSES AND MES, CHAPTER 6,
Offenses Against Public
ma, shall be amended by
OF OWASSO, OKLAHOMA,
SECTION TWO (2
SECTION 10-614
TO
AND MOTEL REGISTRATION
A. NU RING OFD`
roo use shall cal
building umbered in
in such a m that no
increase or dec unifo~
to the succeeding or i
y erson engaged in the operation of any hotel, motel or
and e oom and apartment or suite which is rented or let in such
n an onspicuous manner by some approved system of numbering,
OOms shall have the same number and so that the numbers shall
from one room to the succeeding room or rooms and from one floor
B. REGISTRATION. Each and every person owning, conducting or operating a hotel, motel or
rooming house is hereby required to keep a book or file in which the name, post office address, date
of arrival and registration and date of departure shall be entered in the handwriting of the guest;
provided, that the room assignment shall be added by the proprietor of the establishment. No person
shall be received as a guest of any hotel, motel or rooming house who shall refuse to register as
required by this chapter.
C. FALSE REGISTRATION. It shall be an offense for any person to falsely register, write or
cause to be written in any hotel, motel or rooming house record or file any other than his true and full
name by which he is known to the public.
D. REGISTRATION RECORDS PRESERVED. Each and every person owning or operating any
hotel, motel or rooming house shall faithfully keep and preserve all such registers and file records for
each and every person entering the hotel, motel or rooming house as a guest for a period of not less
than three (3) years from the date of the last registration made therein. It is the intent of this section
that the register or file shall show at any time upon inspection a c ete and full list of all
registrations made within the last three (3) years with their respecti ates.
E. MINOR GUESTS. Every person owning, co:
house is hereby required to report immediately the
eighteen (18) years, unaccompanied by his or her p~
report shall contain the name, age and place of residf
F. RESISTANCE TO POLICE. It shall be an o
admittance or offer resistance to any member of the Ow
lobby, office, toilets, cooking apartme or any other aI
house, except such room or apartment as e actually
which such peace officer would otherwi right
Ordinances of the City of Tulsa.
G. INSPECTION OF R
by proprietors of hotels
any police officer w'
records shall obtain aut.
Department prior to ma
Chief of Po ' ~:;
of Polic r authorii:~z
inspection tel
employee or a
not be a defense
assert that authorize
police officer requ
operator, employee
hotel, motel or rooming
' or, under the age of
ief of Police. The
person to re e or obstruct
epartment into the hallways,
of any hotel, motel or rooming
by a person as a private room,
the law or the Revised
Records sts whic e required by this chapter to be kept
ote s oming hou shall at a times be subject to the inspection of
e City wasso Poli e artment. The police officer requesting the
tion do so from th ief or Deputy Chief of the Owasso Police
n for of a hotel, motel or rooming house. The
ain en log the date each request to the Chief or Deputy Chief
co isclosure of records by a hotel, motel or rooming house was
facer ng the authorization, the reasons for the request and the
o eve all a police officer issuing a request for production and
:el st registration records be required to produce or show an owner,
ate motel evidence the Chief or Deputy Chief s authorization. It shall
s on for any owner, operator, employee or agent of a hotel or motel to
the Chief or Deputy Chief was not produced or shown to them by the
guest registration records even if a request was made by the owner,
nt of the hotel or motel to inspect or review such authorization.
H. PENALTY. Failure of an employee of a hotel, motel or rooming house within the City of
Owasso to produce records when requested to do so by a member of the City of Owasso Police
Department shall be a violation of this section and shall be subject to the penalties set forth herein.
Unless otherwise provided for in this chapter, any person violating any of the provisions of this
chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more
2
than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments. Each day such
violation is committed or permitted to continue shall constitute a separate offense.
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only. _
SECTION FOUR (4):
SEVERABILITY
If any part or parts of this ordinance are deemed unc
remaining portion shall not be affected but shall remain i
SECTION FIVE (5):
DECLARING AN
The provisions of this ordinance shall become
passage as provided by state law.
SECTION SIX (6):
The City of Owasso Code of Ordinances is
in Part 10, Chapter 6, as section 10-614, "]
PASSED by the Ci
Sherry Bishop;
or ineffective, the
day of July, 2008.
Stephen Cataudella, Mayor
APPROVED as to form and legality this day of July, 2008.
date of final
g an ordinance to be codified
Motel Records."
Julie Lombardi
City Attorney
3
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
DAN YANCEY
CHIEF OF POLICE
SUBJECT: PROPOSED ORDINANCE REQUIRING LICENSURE OF VENDORS
SELLING AND SERVING ALCOHOL AND 3.2 BEER
DATE: July 8, 2008
BACKGROUND:
In 2007, the Owasso Police Department began performing alcohol and 3.2 beer compliance
checks as a part of the "Too Much To Lose," (" 2M2L") program. The 2M2L program targets
the problem of underage drinking and the ways in which minors obtain access to alcohol. As a
part of the 2M2L initiative, a volunteer "buyer" enters an establishment that sells or serves
alcohol and attempts to either 1) purchase beer for consumption off the premises if the vendor is
a convenience or liquor store, or, 2) order a beer to be consumed on the premises if the vendor is
a bar or restaurant. The "buyers" used in the 2M2L program are minors who have volunteered to
assist the Police Department in the 2M2L compliance checks and have received appropriate
briefing and training from the police officers conducting the compliance checks.
The 2M2L program was initiated by the City of Owasso Police Department in response to
growing concerns that underage drinking is a serious and escalating problem throughout the
country and within this community. The initial compliance checks revealed that a significant
number of vendors did in fact sell or serve 3.2 beer to minors and that the vendors also failed to
request that the minor produce identification or proof of age. The number of vendors failing the
compliance checks has varied since the 2M2L initiative began, but the failure rate has at times
been as high as fifty percent (50°/0), meaning that half of the businesses visited during one
compliance check sold beer to the minor Buyers without requiring that the minors produce
verification that they were of legal age to purchase or consume beer or alcohol. It became
apparent after several compliance checks had been conducted that a number of vendors were
continuing to sell and serve alcohol to minors even after failing several previous compliance
checks, and that these vendors were not modifying their internal policies, procedures and
employee training to comply with the law. A number of vendors failing compliance checks
protested that their employees were in fact required to obtain age verification before selling or
serving beer or alcohol. However, these same vendors continued to fail compliance checks, and
it is clear that the vendors did not institute policies or train their employees to require proof of
age before selling or serving beer or alcohol to customers.
1
Based upon the continued compliance check failure rates and the apparent failure of vendors to
address and correct this problem by making needed changes to the vendor's internal policies and
procedures (including training employees to consistently require identification and proof of age
from customers before selling or serving beer), and following through by imposing significant
consequences upon any employee failing to follow this procedure, the Staff believes that
adoption of an ordinance imposing more effective penalties upon vendors who continue to sell or
serve beer to underage youth is critically needed. Currently, citations are issued by the police
department only to the employee actually making the sale or serving the beer to the minor when
a vendor fails a compliance check. This penalty is basically the only legal recourse available to
the police department, and is insuffcient. Obviously, this sanction does not have a direct or
significant effect upon the vendor, and it is relatively ineffective in achieving the targeted goals
of motivating vendors to implement and enforce age verification requirements and significantly
decreasing access to beer and alcohol by underage juveniles.
PROPOSED ORDINANCE:
The proposed ordinance presented for consideration to the City Council would require all
vendors who serve or sell alcohol and/or 3.2 beer within the City of Owasso to obtain a license
from the City. The process for obtaining a license would be relatively simple, and would require
a vendor only to complete and submit an appropriate form to the City Clerk and accompanied by
payment of an annual license fee. The license fee would be moderate ($20 for vendors selling
and serving alcohol and/or beer for on-site consumption, and $10 for vendors selling the alcohol
and/or beer for consumption off-site), and would be in compliance with applicable state laws
regulating the annual license fees that maybe assessed by municipalities.
Under the proposed ordinance, a vendor that fails to obtain a license from the City of Owasso
will be prohibited from selling or serving alcohol or 3.2 beer until such time as the license is
obtained. Vendors selling or serving alcohol or beer without a license will be subject to a fine of
One Hundred Dollars ($100.00) per day until the license is obtained. If the vendor continues to
sell or serve beer or alcohol without the required license, the City shall seek an injunction from
the District Court prohibiting the vendor from selling or serving beer or alcohol. Likewise, a
vendor that continues to sell or serve alcohol or 3.2 beer after the vendor's license has been
suspended will be subject to a fine of Two Hundred Dollars ($200.00) per day for each day that
alcohol and/or beer is sold or served during the suspension.
If a vendor sells or serves alcohol or beer to a minor during a compliance check, the City may
suspend a vendor's license to sell or serve beer within the City. The consequences for selling to
or serving a minor are set forth in the ordinance on a graduated scale as follows for offenses
occurring within atwenty-four (24) month period: 1) First Offense - a written warning will be
issued to the vendor; 2) Second Offense -three (3) day suspension of the vendor's license; 3)
Third Offense -seven (7) day suspension of the vendor's license; 4) Fourth Offense -thirty (30)
day suspension of the vendor's license, and, 5) For all Offenses following the Fourth offense -
thirty (30) day suspension for each new offense. In addition, if a vendor continues to incur
additional thirty (30) day suspensions within the twenty-four (24) month period, the City shall
have the option to either permanently revoke a vendor's license for habitual noncompliance, or
2
to seek an injunction from the District Court prohibiting the vendor from selling or serving
alcohol.
The proposed ordinance establishes a method by which the City may impose consequences upon
the vendors who consistently violate the law and sell or serve alcohol or 3.2 beer to minors rather
than the vendor's employees. The City presently lacks the ability to impose sufficient
consequences upon a vendor that sells or serves alcohol and/or beer to minors. Not surprisingly,
this remedy has had little effect on the internal policies of vendors, and has not adequately
motivated vendors to insist that their employees obtain verification of a customer's age before
selling or serving beer or alcohol to them. Suspension of a vendor's license to sell or serve
alcohol and/or beer, however, directly affects the vendor and potentially subjects the vendor to
the loss of significant revenues from beer and alcohol sales. Consequently, it is anticipated that
the penalties established within this section will be considerably more effective in preventing
beer or alcohol from being sold or served to minors.
PUBLIC HEARING AND NOTICE:
A Public Hearing soliciting citizen input and comment regarding this proposed ordinance was
held during the City Council's regular meeting on June 17, 2008. Prior to that date, an article
was published in the Owasso Reporter which generally summarized the proposed ordinance and
the new requirements it would impose upon vendors selling and/or serving alcohol and 3.2 beer
in Owasso. Two citizens, both of whom are affiliated with vendors that would be directly
affected by the proposed ordinance if it were adopted, attended the hearing. Only one of those
citizens spoke during the public hearing, and that citizen merely addressed a clarifying question
to the Council. None of the citizens attending the Public Hearing spoke in opposition to the
proposed ordinance.
RECOMMENDATION:
The Staff intends to recommend City Council approval of the proposed ordinance.
ATTACHMENT:
Proposed Ordinance to be codified as Section 9-114, "License for the Sale and Serving of
Alcohol and 3.2 Beer."
3
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS
REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES, GENERALLY,
OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY REQUIRING VENDORS SELLING AND SERVING
ALCOHOL AND 3.2 BEER TO OBTAIN A LICENSE FROM THE CITY,
PROVIDING GROUNDS FOR SUSPENSION AND REVOCATION OF A
VENDOR'S LICENSE, AND ESTABLISHING T , ,k PENALTIES FOR A
VENDOR'S FAILURE TO OBTAIN A LICE: ~sN ~ REQUIRED BY THIS
SECTION AND FOR SELLING OR SERVINt~ 'A[>~'OHOL OR 3.2 BEER TO
ANY PERSON WHILE THE VENDOR'S LI~N~~~ ISNDER SUSPENSION.
THIS ORDINANCE AMENDS PART HE CITY ~ WASSO CODE OF
2) SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of
Owasso shall at all times be displayed in public view in the vendor's place of business.
This license may be suspended or revoked as provided herein if the vendor, or any person
or agent employed by the vendor or acting on the vendor's behalf, is convicted of the
offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement
after being charged with such offense. Each vendor making application for a license
under this section shall expressly acknowledge the vendor's awareness that a license
granted pursuant to this section may be suspended or revoked by the City of Owasso if an
owner, officer, director, manager, employee or agent of the vendor is either convicted of
selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea
bargain agreement after being charged with such offense. It shall not be a defense under
this section for a vendor to assert or claim that an employee or agent of the vendor
unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules,
policies, procedures or training. Assertion of such a defense will not prevent the vendor's
license from the penalties set forth in paragraph (H) of this section.
3)
ACKNOWLEDGEMENT OF COMPLIANCE
acknowledge on the license application submi
that alcohol compliance checks are perform
community by law enforcement, and shall
such compliance checks as a necessary: ~ ~~
from the City of Owasso under this s ~
application its awareness that convi of
offense of selling or serving alcohol o
bargain agreement by the e oyee or age
result in suspension or revo the vendo
B. LICENSE FEE.
1) ALCOHOL OR
annual fee of ten d•
intends to sell alcc
premises. This fee
City Clerk ,~ .z.
2) A OL
An ann en
if the ven t
the vendor's
submitted to the
C. LICENSE APPLICA
A vendor shall specifically
City of Owasso its awareness
xlar and ongoing basis in the
dge the vendor's consent to
and retaining a license
sh so acknowledge on the
's em e or agent for the
or the tance of a plea
harged wit h offense, will
> provided in paragraph (H).
HE NDOR' S PREMISES. An
en e City of Owasso if the vendor
intende o be consumed on the vendor's
application for a license is submitted to the
SLIMED ON THE VENDOR'S PREMISES.
x.00) shall be paid by a vendor to the City of Owasso
and/or 3.2 beer which is intended to be consumed on
paid when the vendor's application for a license is
Application for a license to sell or serve alcohol or beer by a vendor located within the City of
Owasso shall be made by completing and submitting a form supplied by the City Clerk. The
form shall include the vendor's name, the owner's name and address if the business is a sole
proprietorship, the name of the president and all other officers and directors if the business is a
corporation, and the names of all partners or members if the vendor is a partnership or a limited
liability company. The application form shall also require the vendor to submit information
verifying that the vendor has obtained the necessary permits required by state law from the
2
district court in the county where the vendor is located and the Oklahoma Tax Commission. The
application form shall also require information regarding the number of each permit and the date
each permit was granted to the vendor. It shall be unlawful for any person to make any false
statement on the application form. Knowingly submitting false information on the application
form shall serve as grounds for denial of a vendor's application and as grounds for revocation of
any license previously granted by the City of Owasso.
D. LICENSE ISSUANCE. A license under this section shall be issued to a vendor when the
applicant has completed each of the following requirements:
1) Obtained a county permit
requirements under State law.
2)
3)
Any
from
Satisfactorily submitted the application
Paid the required license fee as set
thirty (30) days from the date of
thirty (30) days shall be subject to
E. SALE, BARTER
this ordinance to sell.
beverage containin
employee or agent o
serve alcohol or 3.2 b
(H).
F. N
their
expire one year
~e made within
inual fee within
(H)(2) of this section.
nor business licensed under
age of twenty-one (21) any
ice of a plea bargain, by an
the vendor's license to sell or
by the City as provided below in paragraph
. It be unlawful for any person to misrepresent
facilitating the sale or serving of alcohol or 3.2 beer.
G. TRANSF Each licen all be i ed to the applicant only and shall not be transferable
to another holde h license 11 be issued only for the premises described in the application.
If a business holdi icense er this section is sold, a new license must be obtained by the
new owner. A sepa 1' for each location of businesses with common ownership,
including all chain store sinesses owned and operated pursuant to franchise agreements,
must be obtained by a ven r operating more than one (1) business engaged in the business of
selling or serving alcohol and/or 3.2 beer within the City of Owasso.
H. PENALTIES.
(1) SUSPENSION OF LICENSE.
(a) A license granted under this section may be revoked or suspended by the City Manager,
without a hearing, upon conviction of the vendor, its employees or agents for the sale of
applicable
to the City Clerk.
City of Owasso.
3
alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense.
The following sanctions shall be applied:
(i) 1st Occurrence within atwenty-four (24) month period will result in the issuance
of a citation to the employee or agent selling or serving the alcohol or 3.2 beer, and an
official written warning that additional occurrences will result in suspension of the
vendor's license shall be issued to the vendor.
(ii) 2nd Occurrence within atwenty-four (24) month period will result in suspension
of the vendor's license to sell alcohol and/or 3.2 beer fo ee (3) consecutive days.
(iii) 3rd Occurrence within atwenty-four onth period will result in the
suspension of the vendor's license to sell d/or 3.2 beer for seven (7)
consecutive days.
(iv) 4th Occurrence within a twen (24) month pen ill result in suspension
of the vendor's license to sell alcoho or 3.2 beer for up t y (30) consecutive
days.
(v) Each additional viol ~ 'thin
additional suspension of the
additional thirty (30) day perio
(2) FA TO OBTAIN
existing ven o fails to t ~ m
shall be prohibi om sellin<~
obtained by the ve All r~~~
either on or off the v ' ~ p
before alcohol and/or 3. ~ p,c
continues to sell or serve a ohc
shall receive an initial written
right to eal ~ '~ n o City Manager to the City
City deci ' revoke or suspend a vendor's
public h at the nex regularly scheduled City Council
thereafter 1 affirm or reverse the decision of the City
at s Sion of the vendor's license is warranted
shall be `° ' i e (5) days from the hearing date. During
not sell e alcohol and/or 3.2 beer.
~ PE AS REQUIRED BY THIS SECTION. Any
y obtai permit after the date this section becomes effective
serving alcohol and/or 3.2 beer until such time as a license is
usinesses intending to sell or serve alcohol, for consumption
ises, shall be required to obtain a license under this section
n lawfully be sold or served by the new vendor. A vendor who
. and/or 3.2 beer without obtaining a license under this section
warning and thereafter shall have three (3) days to file an
application with the City Clerk for a license in compliance with this section. Subsequent to the
issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or
3.2 beer after the three (3) day period without having obtained the required license shall be
subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer
are served or sold by the vendor without a license. The City shall also be entitled to pursue
injunctive relief and all other available legal remedies in the District Courts against the vendor.
In addition, the City shall notify all State agencies vested with licensing, regulatory or review
a twen (24) month perio will result in an
license t alcohol and/or 3.2 beer for an
4
power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission,
of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances.
(3) VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER
SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed
by the City Manager or the City Council, and continues to serve or sell alcohol and/or 3.2 beer
during such suspension, is in violation of this section and shall be subject to a fine of Two
Hundred Dollars ($200.00) per day for each day alcohol and/or 3.2 beer are sold or served by the
vendor while its license is under suspension. In addition, the City shall be entitled to pursue all
legal and injunctive relief, and shall notify the relevant agencie et forth in section (H)(2) above.
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances, in
repealed to the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this c
remaining portion shall not be
SECTION FIVE (5): DECLARING
The provisions of
passage as provide
SECTION SIX (6):
The
from the date of final
vended by creating an ordinance to be
for the Sale and Serving of Alcohol and
of Owasso, Oklahoma on the
day of July,
Stephen Cataudella, Mayor
ATTEST:
5
ordinance are hereby
ve, the
force and effect.
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this day of
Julie Lombardi,
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REQUEST FOR ANNEXATION OF STONE CANYON
DATE: July 8, 2008
BACKGROUND:
The City of Owasso has received a request to annex the northern two square miles
(approximately 1,280 acres) of the Stone Canyon development. Stone Canyon is a large multi-
family development proposed for the area roughly between North 161St East Avenue and North
193rd East Avenue on the south side of East 76th Street North, stretching south to State Highway
266 (also known as East 46th Street North and Port Road). The entire development area is
3,330.95 acres, and was placed within a Planned Unit Development (PUD) approved by Rogers
County on October 17, 2005.
PROPOSED LAND USES WITHIN STONE CANYON DEVELOPMENT:
A variety of land uses are approved for Stone Canyon, though the lion's share of the acreage is
reserved for single-family residential use. The specific breakdown of land uses is as follows:
1. Single-family residential: 2,655.87 acres
2. Multi-family residential: 60 acres
3. Commercial: 99.02 acres
4. Mining: 458.86 acres
5. Industrial: 36.01 acres
6. Open Space: 21.19 acres
Though the acreages are not yet determined, the developer proposes locations for an elementary
school and a fire station within Stone Canyon in addition to the above uses.
SURROUNDING LAND USE:
Land bordering Stone Canyon within the Owasso fenceline is predominantly used for single-
family purposes, with examples of subdivisions being Rockford, La Strange, Timbergate, and
Oakridge. Gundy's airport lies north of Stone Canyon, and the Anchor Stone rock quarry lies to
the west. Additionally, there are over 500 undeveloped acres bordering Stone Canyon within
Owasso's fenceline.
PRESENT ZONING:
Stone Canyon PUD -Rogers County
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning, and can
happen concurrently with annexation. In order to develop the property the land must be zoned
for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning
decisions are made in accordance with the growth policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
ANNEXATION REVIEW PROCESS:
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The applicant must submit as part of the request a signed petition requesting the annexation, an
accurate legal description and map of the property being requested for annexation, and a certified
300' radius report so that staff may send legal notices to surrounding property owners. Upon
receipt of all appropriate materials, the staff initiates the review process which begins with a
thorough analysis of the request.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials, and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will make the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits, an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted, the ordinance is circulated
to the appropriate regional and national agencies for recording and altering maps.
sanitary sewer service. It receives water from Rogers County Rural Water District #3, and lies
within the Limestone fire district.
The portion of the development that is proposed for annexation is under the beginning stages of
development. Three subdivisions totaling 252 acres and 174 residential lots have been approved
by Rogers County. All three of these additions are located northwest of the intersection of North
193rd East Avenue and East 66th Street North. These neighborhoods occupy the southeastern
portion of the territory requested for annexation. It is the staff's understanding that to date no
structures have been occupied.
The property is bounded to the north and east by large-lot residential properties of varying
densities. Land to the south of the property is still undeveloped, while the rock quarry is situated
west of the property. To date, the staff has not received any questions or comments from
surrounding property owners.
The property is accessible via East 76th Street North, and lies within the Rogers County Rural
Water District #3 water service area.
PROPOSED WASTEWATERLINE:
The City of Owasso is currently considering extending a 10" gravity interceptor to the western
boundary of the Stone Canyon development. The cost of such an extension is estimated to total
$2.4 million. It is anticipated that the developers of Stone Canyon would then extend the
sanitary sewerline into the development to serve the various uses such as the elementary school,
fire station, commercial area, multi-family area, and a portion of the single-family area. The cost
of that extension is estimated to total $665,000. The staff calculates that the proposed sewerline
would also be available to at least 1,000 net acres of undeveloped land bordering Stone Canyon
in the event of their development. In total, between 1,200 and 1,500 undeveloped acres both
within Stone Canyon and outside Stone Canyon could be made serviceable by the proposed
sanitary sewerline. If approved, the sewerline is expected to be constructed by August, 2009.
DESCRIPTION OF SUBDIVISIONS BEING CONSTRUCTED WITHIN STONE
CANYON:
Three single-family subdivisions within Stone Canyon have already been approved by Rogers
County. All three of these additions are located within the eastern section proposed to be
annexed by the City of Owasso. There are currently four houses being actively constructed in
this area. These subdivisions are accessible via North 193rd East Avenue, and are recorded as
follows:
1. Settler's Creek at Stone Canyon 48 lots 71 acres
2. Tanglewood at Stone Canyon 741ots 93 acres
3. Lakes at Stone Canyon 52 lots 88 acres
The sizes of the single-family lots within these three developments range from 0.79 acres
(34,323 square feet) to 1.49 acres (64,913 square feet). The attached City Engineer's report
details the City's findings related to the infrastructure of the three subdivisions, synopsized
below.
STORMWATER DRAINAGE -
In many aspects, the stormwater drainage provided for the three subdivisions is satisfactory,
although the stormwater system falls short of meeting the requirements of the Owasso
Engineering Design Criteria.
The most concerning observation about the stormwater drainage is that there is a significant
amount of silt impacting the ditches and threatening to clog the culverts within the system. If the
capacity of the stormwater system is to be maximized, this silt will have to be removed.
All three of the new subdivisions drain to the west through Stone Canyon property to a basin that
will be used to provide detention for almost all of Stone Canyon - a proposed 60 to 80 acre lake
to be located in the western section requested for annexation by Owasso.
The subdivisions have been designed with borrow ditches instead of curbs, gutters, and inlets.
Sidewalks have not been designed for these subdivisions.
The basic findings of the engineering review are: 1) that the driveway culverts should be 6"
larger than the minimum diameter indicated to be appropriate by the hydraulic analysis, 2) that
the ditch velocities should be increased to at least 2.5 feet per second, and 3) that the borrow
ditches should be constructed with a trickle channel at the bottom of the ditches.
STREETS AND GRADING -
The streets within these residential subdivisions do not meet City of Owasso standards. The
major deficiencies of most concern are 1) the pavement thickness is considerably less than the
6'/z" required by the City and 2) not all of the road sections are bordered with a 2' shoulder.
In order to meet the needs of local traffic, school buses, and refuse collection vehicles, the
Owasso Engineering Design Criteria call for a minimum thickness of 6%2" for street pavement.
The pavement thickness found in the subdivisions varies from 1 %" to 4%2". The staff believes
that the roads constructed in the subdivisions will have a significantly shorter life than roads built
within Owasso that meet the design criteria. The base under the roads is believed to be
acceptable. The roads' sub-base is compacted to 95% standard density; however, no sub-base
treatment (modifications with lime or fly ash) was performed to account for the presence of
plastic soils.
Some of the completed portions of the pavement are without 2' shoulders. Such shoulders
should be constructed with streets that do not have curbs and gutters, in order to provide support
for the pavement. The lack of these 2' shoulders will likely result in pavement degradation,
particularly at the pavement edge.
WASTEWATER TREATMENT -
These three subdivisions (174 lots) are intended to have private, individual, aerobic sewer
treatment systems. Further, the same amount of area (and likely another 150 to 200 lots) to the
north of these subdivisions within the territory requested for annexation has been proposed to be
constructed with aerobic sewer treatment systems. The City of Owasso is allowed to permit such
aerobic systems within the city limits. However, the staff has serious concerns about the long-
term viability of aerobic treatment. The maintenance of such systems will be left to the
homeowners. If the systems are not properly maintained, the City of Owasso could be
compelled to eventually provide sanitary sewer service to these residential additions if the
annexation is approved.
The Owasso Wastewater Treatment Plant does have the capacity to treat the anticipated increase
in flow resulting from the Stone Canyon development.
WATER
Water service to Stone Canyon will be provided by Rogers County Rural Water District No. 3.
The waterline designs appear to be satisfactory for the most part. The major issue of concern
with the water system is that the fire hydrants proposed for the first three subdivisions in Stone
Canyon are two-way hydrants. These hydrants are inadequate for fire-fighting purposes. Three-
way fire hydrants should be constructed to allow for the ability to adequately fight fires.
OWASSO ENGINEERING DESIGN CRITERIA:
The Owasso Engineering Design Criteria do not currently allow for developments that include
borrow ditches for street sections, nor do the criteria allow for aerobic systems -sanitary sewer
systems are required unless a special exemption is permitted by the Public Works Director.
The staff finds that it can be appropriate for estate developments (such as the type allowed in the
RE zoning District) with lots of at least 24,000 square feet in size to be developed without
sidewalks and with borrow ditches along street sections, provided that the streets are bordered
with a sufficient shoulder. Therefore, the staff is prepared to bring forward a recommendation
that the Engineering Design Criteria be revised to allow for streets with borrow ditches for
developments containing lots at least 24,000 square feet in size - RE zoning or larger. Further,
the staff is prepared to recommend that such developments not be required to include sidewalks.
The staff also finds that the current wastewater treatment regulations are appropriate; individual
aerobic systems should not be allowed for developments within the city limits and sanitary sewer
systems should be required for developments within the city limits.
MUNICIPAL COSTS OF ANNEXATION:
In addition to analyzing the conditions of the currently developing portion of Stone Canyon, the
staff has examined the departmental costs that annexation of the development would bring.
These costs include capital costs of constructing facilities and purchasing equipment, as well as
costs associated with acquiring new personnel and providing annual maintenance for the area.
This does not mean that all facilities, equipment, and personnel have to be accounted for
immediately; since the area will likely take several years to develop, some of the City's costs
would be able to be delayed until such time as new density and population demand.
These cost estimates are based on projections of 750 dwellings (a population of 2,000) within the
incorporated limits of Stone Canyon, and an overall population of up to 10,000 for the entire
Stone Canyon development, including that portion that will not be within the Owasso city limits.
PUBLIC WORKS COSTS -
The largest apparent cost of annexation for the Public Works Department is the price of
extending a sanitary sewerline to Stone Canyon. The total up-front obligation for the line is
estimated at $3.24 million. While $2.4 million of that estimate will be eligible for pay-back to
the City as the area in and around Stone Canyon develops, the payback is likely to occur slowly
over time, conditioned by the health of the market.
The other major capital cost to be borne in the Public Works Department would be the purchase
of a new refuse collection vehicle to serve the annexed area - $250,000.
Three new personnel would be required by the Public Works Department -one each for the
Refuse Collection Division, Wastewater Collection Division, and Stormwater Maintenance
Division. The annual cost of these personnel is estimated at $150,000.
Also, the staff estimates that $20,000 would be required for the periodic maintenance, upkeep,
and repair of infrastructure such as sanitary sewerlines, stormwater drainage systems, and streets.
The one-time costs listed above total $3.49 million, and the total annual Public Works costs are
estimated at $170,000.
POLICE DEPARTMENT COSTS -
Based on an estimated population of two thousand residents, the staff would recommend four
patrol officers and one detective be added to the authorized sworn police force. Adding four
officers would add one officer to one of the four shifts, allowing more officers to be available
around the clock to serve the extended area. The initial cost of hiring five personnel with
equipment (such as patrol vehicles) would be approximately $490,000, with an estimated annual
salary and maintenance cost in following years of $365,000.
The one-time Police Department costs total $125,000, and the total annual Police Department
costs are estimated at $365,000.
FIRE DEPARTMENT COSTS -
In order to maintain current municipal ISO ratings levels, the location and size of the Stone
Canyon development compels the staff to consider the prospect of constructing and staffing a
new fire station to serve the Stone Canyon vicinity. The cost estimate for the fire station (which
is envisioned to include a Police substation) is $2.3 million. Twelve firefighters would be
required to fully staff the new station, with an estimated annual cost of $762,000. Two new
vehicles, one fire engine and one ambulance, would be necessary to serve the new station, at a
cost of $650,000.
The one-time Fire Department costs total $2.95 million, and the total annual Fire Department
costs are estimated at $762,000.
SUMMARY OF TOTAL MUNICIPAL COST ESTIMATES -
One Time EstimatE
Sanitary sewerline
Refuse vehicle
Police equipment
Fire station
Fire vehicles
;d Municipal Costs
$3.24 million
$250,000
$125,000
$2.3 million
$650,000
Annual Estimated Municipal Costs
Added Public Works personnel $150,000
Annual infrastructure maintenance $20,000
Added Police personnel $365 000
Added Fire personnel $762000
Total one-time costs: $6,565,000
FINDINGS:
Total annual costs:
$1,297,000
As noted above, there are several issues of concern related to the annexation of the northern two
square miles of the Stone Canyon development.
The fact that the territory remains within the Limestone Fire District means that the property
owners within Stone Canyon would be forced to pay taxes to the fire district for a fire protection
service that would be provided by the City of Owasso. Even if the territory is detached from the
district, the owners would pay ad valorem taxes until the debt currently incurred by the fire
district has been satisfied.
Most of the other concerning issues related to the Stone Canyon annexation revolve around the
condition of the three subdivisions currently under design and development. These three
subdivisions will not be on sanitary sewer systems. The stormwater drainage systems in these
areas appear to be under threat from silt infiltrating drains and culverts. The streets in the
subdivisions are not built to municipal standards. Finally, the fire hydrants proposed for the
subdivisions are inadequate for providing a municipal level of fire protection.
As a result of these infrastructure conditions, it is likely that the life of the infrastructure will be
significantly less than the life of the infrastructure had it been constructed to city standards. If
the City of Owasso chooses to annex these subdivisions, then an investment will be needed to
improve the condition of the infrastructure, likely within the next few years.
Of course, these concerns are balanced by the recognition that this area lies within the Owasso
fenceline. Because of its proximity to the development, the City of Owasso will likely be
compelled to annex the territory eventually. After all, the City of Owasso has been around for
more than 100 years and will be here 100 years from now. Similarly, this development will exist
in some form for the foreseeable future. It has been observed over time that property values in
developments outside the jurisdiction of municipal services such as public safety, public utilities,
and services such as refuse collection and code enforcement decline more rapidly than similar
developments lying within the jurisdiction of those same municipal services. This decline in
value will eventually have a detrimental impact on the values of adjacent properties that exist
within the city limits, causing the municipality to desire to annex the territory, improve the
conditions causing the drop in value, and thereby stabilize the values of incorporated properties.
Further, the residents of Stone Canyon will likely identify themselves as Owassans. They will be
included within the Owasso school district, zip code, telephone exchange, legislative districts,
and ambulance boundary. They will shop, work, eat, recreate, worship, and interact in the same
places as those who live within the city limits. Essentially, they will be us. It is important to
remember that, while the City of Owasso may not have a legal obligation to include the
development within Owasso's corporate boundaries, the City should not ignore or exclude those
who live in proximity from the municipality. Annexation is one of the most obvious and
appropriate ways to avoid such exclusion.
RECOMMENDATION:
The staff is mindful that the three subdivisions currently under development within Stone
Canyon do not meet municipal standards, and that the remainder of the development has yet to
be constructed and improved. Therefore, the staff intends to recommend that the City of Owasso
annex the northern two sections of Stone Canyon with the exception of the boundaries of the
three subdivisions currently under construction, and that Stone Canyon PUD, as approved by
Rogers County, be accepted as the allowed land use distribution pattern for the annexation.
ATTACHMENTS:
1. Map of area requested for annexation
2. Map of area recommended to be annexed by the staff
3. City Engineer's report dated January 15, 2008
4. Stone Canyon PUD presentation