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HomeMy WebLinkAbout2009.09.08_Worksession Agenda PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: September 8, 2009 TIME: 6:00 p.m. PLACE: Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:30 PM on Thursday, September 3, 2009. r J liann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Discussion relating to Administrative Items Ms. Bishop Attachment # 2 A. Proposed renewal of an agreement between City of Owasso and Youth Services of Tulsa for operation and management of the Owasso Youth Court 3. Discussion relating to Operational Items Mr. Lehr Attachment # 3 A. Proposed amendment to the Owasso Land Use Masterplan Owasso City Council September 8, 2009 Page 2 4. Discussion relating to City Manager Items Mr. Ray A. Planning for Ideal - long range goal setting concept B. Downtown Overlay District C. Quality of Life Initiative Update D. City Manager Report 5. Report from City Councilors 6. Adjournment MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED RENEWAL OF CONTRACT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC., FOR OPERATION AND MANAGEMENT OF THE OWASSO YOUTH COURT DATE: September 1, 2009 BACKGROUND Youth courts provide alternative methods of prosecution and sentencing for juveniles who have committed certain types of crimes and have been implemented in increasing numbers throughout metropolitan areas and suburban communities. "Specialty courts" such as this have proven to be more effective than traditional courts in addressing non-violent crimes committed by minors who are first time offenders. Motivated by the accomplishments of youth courts operating in numerous other cities, the City of Owasso executed a contract with Youth Services of Tulsa on October 1, 2008, for the implementation and operation of the Owasso Youth Court. That original contract with Youth Services will terminate on September 30, 2009. Based upon the Owasso Youth Court program's success and achievement during its initial year of operation, Staff recommends renewal of the contract for an additional year. The original contract between the City of Owasso and Youth Services provided that Youth Services would employ its specialized knowledge, skills and experience with trained personnel to create, implement and operate a youth court in the City of Owasso. Fulfillment of that goal required recruitment and training of both youth volunteers and attorney advisors within the Owasso community, and the hiring of a full-time coordinator to both oversee formation of the Owasso Youth Court and assume responsibility for the daily operations of the Court subsequent to its formation. Youth Services additionally agreed to assume all responsibility for the Youth Court's scheduling, documentation and administrative operations, and was required to work closely with the City's Municipal Court to effectuate these duties. The Owasso Youth Court program requires no additional time or assistance from City Staff because all operational tasks are handled by the Owasso Youth Court Coordinator employed by Youth Services. Following recruitment and training of the first group of student and attorney volunteers, the Owasso Youth Court convened for the first time on December 1, 2008. Since that time, youth court has been held on the 1 S` and 3"d Monday nights of each month and hears three (3) to four (4) cases per court session. Referrals from the City of Owasso's Municipal Court have continued to increase, however, and the Youth Court recently made the decision, effective in September, 2009, to increase its court sessions from two (2) to three (3) each month. Cases adjudicated by the Youth Court are limited to non-violent, non-felony offenses, and are selected for referral to the Youth Court by the City's Municipal Judge. All participants in the court are City of Owasso students who have attended training and volunteer their time. During each Court session, the student prosecutor presents the case against the offender to a three-judge student panel, and the offender's defense is presented by a student defense attorney. The Youth Court Coordinator is present during all sessions to ensure that the Court's docket operates effectively and efficiently. An attorney volunteer who either practices law or lives in the Owasso community is also present during all Youth Court sessions to provide explanations of the law to the student volunteers as needed. The Owasso Youth Court does not determine an offender's guilt or innocence and is designed only to determine what punishment should be imposed upon an offender after hearing the prosecution's case and any mitigating factors presented by the defense. An offender wishing to contest his or her guilt must have their case heard in Owasso's Municipal Court. However, one significant advantage offered by the Youth Court is an ability to keep both the offense and the subsequent punishment off the offender's record. Mindful that arrests or citations for certain types of offenses may create obstacles for future employment and scholarships, many first-time offenders strongly desire to utilize this benefit and choose to have their case heard by the Youth Court. Numerous sentencing options are available to the three judge panel which include assignment of community hours, requirement of a sincere verbal and/or written apology from the offender to parents, teachers, witnesses or victims and payment of restitution by the offender when appropriate. In addition, the Court makes non-binding recommendations in appropriate cases to the offender's parent or guardian suggesting implementation of a curfew for the offender or that the offender receive a drug and/or alcohol evaluation. Participation in the Youth Court program is voluntary, and juvenile offenders and their parents or guardians may refuse the Municipal Judge's offer to refer the criminal matter to the Youth Court for resolution. Offenders who opt not to have their cases adjudicated by the Youth Court appear before the Owasso Municipal Court. However, the vast majority of youth offenders choose to have their cases heard in the Youth Court if that option is available to them. The Owasso Youth Court has worked very well during its initial year of operation and has received numerous accolades and expressions of appreciation from teachers, victims, parents and even the offenders themselves. In addition, the rate of repeat offenders from the Owasso Youth Court has been remarkably low during the Court's first year, and it is hoped that the community will continue to reap such positive benefits as the Youth Court continues and expands its operation. The terms of the Youth Court contract are unchanged from that of the original contract other than the dates the contract becomes effective and is terminated. If renewed, the new contract will become effective on October 1, 2009, and will terminate on September 30, 2010. The compensation to be paid to Youth Services by the City remains at $45,000 for the one (1) year term despite the planned expansion of Court sessions from two (2) to three (3) per month, and is to be paid in twelve (12) equal monthly installments. RECOMMENDATION The staff intends to recommend City Council approval of the proposed renewal of the Youth Court contract and will further recommend authorization for the City Manager to execute the contract and all other necessary documents. ATTACHMENTS Proposed 2009-2010 Youth Court Contract AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City") and Youth Services of Tulsa County, Inc. (hereinafter referred to as "Youth Services") agree as follows: The City has determined there is a need to provide an alternative to prosecution for first time, non-violent and non-felony juvenile offenders who have committed offenses which would normally be heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many years experience in this field who are able to operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and upon the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to continue funding and operation of a juvenile court program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective on October 1, 2009, and shall expire on September 30, 2010. This Agreement shall not renew automatically and will terminate on September 30, 2010, unless an extension of this Agreement, in writing, is executed by The City of Owasso and Youth Services of Tulsa County, Inc. prior to the termination of the Agreement. The City shall pay Youth Services forty-five thousand dollars ($45,000) as total compensation for operation of a Youth Court for one year, including the employment of a full-time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full-time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and 1 shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non-owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the 2 same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the day of , 2009. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Rodney J. Ray James M. Walker City Manager Executive Director Attest: Sherry Bishop City Clerk 3 Approved as to Form: Julie Lombardi City Attorney and General Counsel 4 k O , r~ E~ h, y E ,u 4 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROPOSED AMENDMENT TO THE OWASSO LAND USE MASTER PLAN DATE: SEPTEMBER 2, 2009 BACKGROUND: As the result of citizen input received during the recent series of meetings regarding an annexation request for 21 acres near the southeast corner of East 106th Street North and North 145th East Avenue, the staff intends to request that the City Council approve an amendment to the Owasso Land Use Master Plan use designation for that property. Currently, the tract is designated for future transitional use by the Owasso Land Use Master Plan. Transitional use allows the City of Owasso, once a property is annexed, to consider specific zoning designations, including RD Duplex, RTH Town House, RM Multi-family, RMH Mobile Homes, OL Low-intensity office, and OM Medium-intensity office. The staff proposes that the land use designation for the subject property be changed to residential. A residential use designation on the master plan would allow the City of Owasso, once a property is annexed, to consider other specific zoning designations, including AG Agricultural, RE Residential Estates, RS Single-family, and RD Duplex. OWASSO LAND USE MASTER PLAN: The Owasso Master Plan is a document representing desired future land use and transportation patterns for the physical development of the community. The current edition of the plan was adopted by the City Council in February, 2008. The Master Plan can be generally divided into three parts: 1) statistics, figures and estimates, 2) map of desired land use patterns, and 3) key issues, needs, and goal statements. It serves as an adopted statement of growth policy for the city, and provides the basis for land use decisions such as zoning. It is the City's policy to evaluate and update the master plan from time to time in order to ensure its relevance to the changing realities facing Owasso. RESIDENTIAL LAND USE This classification represents the predominant character of development in Owasso. This designation is principally used for areas of typical residential subdivision development and is the base level recommended for the urbanized area of Owasso. TRANSITIONAL LAND USE - This classification represents the transitional zone from strictly residential development to strictly non-residential development. As such, the primary uses for transitional areas are higher residential uses and lower density employment uses. Specifically, the principal uses in this classification would be single-family attached (duplexes and townhouses), multi-family apartments, neighborhood offices, and planned office parks. COMMERCIAL LAND USE - This classification represents the standard local commercial land use as well as regional-scale and highway oriented commercial and employment uses in Owasso. The area generally designates commercial activities that have developed in nodes at arterial street intersections and along major thoroughfares. Typical uses would include free-standing commercial uses, shopping centers, retail commercial, restaurants, and service commercial development. INDUSTRIAL LAND USE - This classification represents the highest intensity of land use in Owasso. The predominant land uses in this classification would be industrial and major employment facilities. LOCATION: The subject tract is located near the southeast corner of East 106th Street North and North 145th East Avenue. The property wraps around the five-acre tract situated at the hard corner of the intersection. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: North: Single-Family Residential (Lake Valley), with the hard corner of the northeast corner of 145th East Avenue and East 106th Street North being zoned for commercial uses South: Rogers County Residential-Pine Brook Crossing East: Rogers County large-lot Residential and Agriculture West: Currently undeveloped, but zoned for Multi-Family Residential and Commercial Uses-Coffee Creek PRESENT ZONING: AG (Agricultural District) - Rogers County ANALYSIS: The past several updates of the Owasso Master Plan have called for the community to be developed in a "nodal" pattern. With this planning philosophy, commercial nodes are developed at arterial intersections, and the land use transitions with less intense uses towards the interior of each square mile section, further leading to single-family residential neighborhoods that form the development core. When updating the land use designations on the Master Plan, the City first considers two primary questions; first, "what is the highest and best use of the property", and secondly, "what is the predominant development pattern already established in the area". In its analysis of the subject property, the staff finds that a significant area of floodplain exists along the western, northern, and eastern sides of the tract. This floodplain forms an effective buffer from the five-acre tract to the east, which is planned for future commercial use. Therefore, a transition of land uses that would decrease the intensity of use from that corner lot to the residential lots to the south and east is unnecessary - the floodplain is the buffer between high intensity land use on the arterial corner and less intensity land use in the interior. The predominant development pattern in the area is single-family residential: Lake Valley lies to the north, Pine Brook Crossing to the south, and Coffee Creek to the southwest. PLANNED UNIT DEVELOPMENT: There has been some question recently regarding how a change in the Master Plan designation for the property would impact the prospects for a planned unit development (PUD). PUDs are designed to provide for small and large scale development, incorporating a single type or a variety of residential, commercial, and related uses that are planned and developed together as a unit. PUDs allow for a mixture of uses on the same property, and allow the City to 1) be more flexible in its review of the design of buildings, yards, circulation and open space than would otherwise be possible through the strict application of other zoning regulations, and 2) require any additional restrictions on the development that it deems necessary, whether those restrictions be related to use, height, size, arrangement, setback, density, or any other issue related to the development of the site. A change in the Master Plan designation from transitional to residential would require the predominant land use included within a PUD to be residential (either single-family or duplex) rather than transitional (multi-family or office). However, it is important to note, that any number of different uses could be included in the PUD, as long as the predominant land use is residential. PLANNING COMMISSION HEARING: The Owasso Planning Commission conducted a public hearing concerning the Master Plan amendment on August 31, 2009. At that meeting, the Planning Commission voted 4 to 1 to recommend approval of the amendment to the City Council. RECOMMENDATION: The staff intends to recommend City Council approval to amend the Owasso Land Use Master Plan changing the designated land use for the subject property from Transitional Use to Residential Use. ATTACHMENT: Aerial photograph map of the subject property LAKE VAL , EY 14-7 E 106TH STN - = W~ R Ki t `.t J ♦ ma_~yy,,,, Yy':.lk` ' r r , r• r p ~ I~ ..N lkl~ r p,INE BR09K " CROSSING- { t l A ® .t& ~..,,.......W ..w, , W u y ! Ak i SUBJECT PROPERTY CITY OF Owasso City L Proposed FEMA DFERM 111 N. Main Shvd s imits % 100-YearF'loodp]sin P.O. Box 180 PWo4*& shows is a Wvdmm and =p=ads "bat availsbl, bh=mdW for pl=jw NOith Owasso, OK 74055 THIS MAP M POX INFORMATION PURPOSE ONLY AND IS NOT MT'BAII)ED TC3 REwTtESENT AN AccuxATB AND TRUB scALa. USE OF THIS MAP IS vrrmou-I- 918376.1500 WARRANTY OX REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.