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HomeMy WebLinkAbout2010.10.12_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: October 12, 2010 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 5:00 PM on Friday, October 08, 2010. Sherry Bishop, City Clerk AGENDA Call to Order Vice Mayor Jon Sinex Discussion relating to Administrative Items Ms. Bishop Attachment # 2 A. Supplemental Appropriations for Carryover Projects B. Property Insurance - Contract Renewal C. Excess Workers' Compensation Insurance - Contract Renewal D. Pelivan Transit - Contract Renewal Discussion relating to Operational Items Mr. Lehr Attachment # 3 A. Proposed Annexations - OA -10 -01 and OA -10 -02 4. Discussion relating to City Manager Items Mr. Ray Attachment # 4 A. Proposed Amendments to Board of Adjustment Process - Special Use Permits B. Sports Park User Agreement C. Sports Park Supplemental Appropriation D. Proposed Interlocal Agreement - Town of Sperry, Land Use Master Plan E. Proposed Land Purchase - Historic Filling Station and CNG Project F. City Manager Report 1. Vacancies on Sales Tax Watchdog Committee 2. Sales Tax Report 5. Report from City Councilors Owasso City Council October 12, 2010 Page 2 6. 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(6)(1). Vice Mayor Sinex Jim and Jeanine Rhea will meet with City Council members to discuss City Manager Rodney Ray's annual evaluation. 7. Adjournment The City Wi out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Angela Hess Finance Director SUBJECT: Supplemental Appropriation For Open Contracts DATE: October 8, 2010 BACKGROUND: At the June 30th fiscal year end, many purchases and contracts were open or incomplete. This includes a variety of approved projects or equipment purchases that were initiated during the 2010 fiscal year and included in the fiscal 2010 budget. The balance of these contracts and purchases will be expended during the 2011 fiscal year in which there is no appropriation for these expenditures. In order to comply with statutory budget restrictions, budgets for those active contracts and projects should be re- appropriated for the 2011 fiscal year. In previous years, the re- appropriation for open purchases was included with the Carryover Budget presented to the Council later in the fiscal year. However, this year there are several large dollar projects which could cause an immediate budget overage in the department without this re- appropriation. In order to be in compliance with the Municipal Budget Act, staff is recommending Council approval of a supplemental appropriation at this time. A list of open projects and contracts is attached for your information. The FY10 General Fund revenue shortfall was addressed in part through expenditure cuts that were accomplished through budget deferrals. These deferrals allowed for carryover requests while still maintaining the General Fund reserves. PROPOSED ACTION: Staff is recommending supplemental appropriations in the General Fund for $78,876; the Stormwater Management Fund for $662,218; the Ambulance Capital Fund for $10,500; and the OPWA for $827,682. These requests include the following departments in the General Fund and OPWA: General Fund ➢ Police Services $ 8,780 ➢ Streets $ 70,096 ➢ OPWA Administration $ 47,479 ➢ Wastewater Treatment Plant $305,351 ➢ Wastewater Collections $449,852 ➢ Recycle Center $ 25,000 RECOMMENDATION: Staff intends to recommend City Council approval of the following supplemental appropriations: ➢ General Fund $ 78,876 ➢ Stormwater Management Fund $662,218 ➢ Ambulance Fund $ 10,500 ➢ OPWA $827,682 ATTACHMENT: A. Schedule of open projects and contracts City of Owasso FY10 Carryover to FY11 Fund Dept Project /Description Request General Police Services JAG -Grant Prisoner Van Equip 8,780 General Streets Traffic Striping 31,000 General Streets Traffic Calming Program 6,260 General Streets Salt Brine Production System 32,836 General Fund 78,876 Stormwater Mgt Stormwater N. Garnett Regional Detention Pond 509,218 Stormwater Mgt Stormwater Stormwater Atlas Mapping 153,000 Stormwater Fund 662,218 Ambulanance Capital Ambulance Computer Equipment /Svr Room 10,500 Ambulance Capital Fund 10,500 OPWA Administration Wastewater Treatment Plant Wastewater Treatment Plant Expansion 305,351 OPWA Administration Administration Public Works Roof Replacement 34,200 OPWA Administration Administration Public Works Training Room 13,279 OPWA Administration Wastewater Collections E. 76th Street North Sanitary Sewer Interceptor 449,852 OPWA Administration Recycle Center Building Project 5,000 OPWA Administration Recycle Center Pole Barn Project 10,000 OPWA Administration Recycle Center Roll Off Bin Project 10,000 OPWA Fund 827,682 Aft AWWk The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster 1�� Human Resources Director SUBJECT: Property Insurance Renewal DATE: October 8, 2010 BACKGROUND: Each year the City's property - casualty insurance coverage renews on November 1 st. This policy provides coverage for City property, including non - building items (i.e. traffic lights and pump stations), similar to homeowners insurance. Renewal quotes are being solicited by the City's agent of record based on the current deductible of $25,000. COMMENTS: The City must enter into a contract for property coverage prior to the November 1St renewal date. The cost of last year's coverage was $29,426. Staff assumes that this year's renewal will also exceed the City Manger's spending limit. Property casualty insurance is funded through the General Liability- Property Self- Insurance Fund. The FY 2011 budget includes funding for the proposed renewal. PROPOSAL: Staff intends to recommend City Council authorization for the City Manger to execute a contract for property - casualty coverage and authorize payment at the October 19, 2010 Regular City Council meeting. OeT City u Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster � Human Resources Director SUBJECT: Excess Workers' Compensation Coverage DATE: October 8, 2010 BACKGROUND: The City is self- insured for workers' compensation. As a result, all costs associated with an employee's on- the -job injury are paid by the City through the Workers' Comp fund, up to the specific retention limit of $750,000 per injury. The City purchases Specific Excess Workers' Compensation insurance to protect the City from exposure to any injury with expenses exceeding $750,000. The Excess coverage renews annually on October 26th and is calculated as a rate per $100 of payroll. This year's renewal increased from $36,871 to $39,632. The increase is a combination of an increase in estimated payroll for the next year and an increase in the rate per $100 of payroll, from 0.3126 to 0.3282. COMMENTS: Specific Excess Workers' Compensation insurance is funded through the Workers' Compensation Self- Insurance fund. The FY 2011 budget includes funding for the proposed renewal. PROPOSAL: Staff intends to recommend City Council authorization for the City Manager to execute a contract with Midwest Employers Casualty Company for Specific Excess Workers' Compensation Insurance and authorization of payment in the amount of $39,632 at the October 19, 2010 Regular City Council meeting. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Administrative Assistant SUBJECT: Pelivan Transit Agreement Renewal DATE: October 8, 2010 BACKGROUND: Pelivan Transit is a demand - response transportation service operated by the Grand Gateway Economic Development Association. A non - profit organization, operating primarily on funding from governmental and corporate entities, including federal and state grants, Pelivan Transit focuses on providing transportation to individuals who do not consistently have a private means of transportation. Pelivan Transit began its Owasso operations in December 2007, following City Council action to approve a one -year agreement for transportation services between the City of Owasso and Grand Gateway in the amount of $41,975. Since that time, the service has built a stable customer base. Pelivan operates two handicap accessible vans in the Owasso area, Monday through Friday, from 8:OOam until 4:OOpm. Following a surge in the price of fuel, the city's contribution increased the second year of operation to $49,393. The city's contribution remained the same for the third year of operation as Grand Gateway continued to receive additional state and federal grant funding. REQUEST FOR ACTION: Pelivan Transit is requesting the City of Owasso execute a letter of agreement for services to be provided by Pelivan from October 1, 2010 through September 30, 2011 in the amount of $49,393, the same amount as the previous agreements for FY 09 and FY 10. This amount is included in the FY 11 budget. TRANSPORTATION DATA: Data collected by the Pelivan Administration staff indicates that ridership during the first two years of operation increased significantly during the months of January through June and remained steady during the remainder of both years. Data collected year to date for 2010 shows a slight decrease in ridership from 2009 (averaging about 4 fewer passengers per operating day). Between January 2010 and August 2010, 23,441 vehicle miles were traveled with approximately 80% of the ridership consisting of disabled citizens, elderly citizens, or elderly disabled citizens. CHANGES EXPECTED IN 2010: Based on a new grant received by Pelivan this year, funding will be available to offer an additional route anticipated to begin in November that will loop several times per day through Owasso connecting Oologah, Nowata, Bartlesville and the north Tulsa area. This route is expected to run Monday, Wednesday, and Friday of each week. On Tuesday and Thursday of each week, the transport van will be used in Owasso in addition to the two regular vehicles. Also new for this year is a separate grant to Pelivan from the Nine Tribes of Northeast Oklahoma that will provide reduced fares to Native Americans holding their Certificate Degree of Indian Blood (CDIB) or tribal membership card. Discussions with the Pelivan Dispatcher revealed a few changes in their dispatching system that will provide more efficient customer service. Citizens are now able to schedule transportation services in advance, allowing for better management of their routes. RECOMMENDATION: The staff intends to recommend City Council authorization for the City Manager to execute the Purchase of Service Agreement between the City of Owasso and Pelivan Transit for FY 11. ATTACHMENT: A. Proposed Purchase of Service Agreement B. Ridership Data rand Gateway Econosn rc Ueveroprrient April 14, 2010 Rodney Ray, City Manager City of Owasso P.O. Box 180 Owasso, OK. 74055 Dear Mr. Ray: This is to notify you in writing that Grand Gateway E.D.A./Pelivan Transit is requesting budget funding for FY -2011 for demand response public transportation for the City of Owasso. Attached is a detailed budget for FY -2011 and a summary of the past three years' operation. Pelivan Transit began operations for the City of Owasso on December 21, 2007. The Ridership results to date continue to steadily increase and our transportation services have become popular and favorable to the riders in the City of Owasso. We have received numerous calls from area residents in Collinsville requesting ridership. We presented to the City of Collinsville the opportunity to join the City of Owasso in expanding services through their support with the addition of one ADA van provided from a 100% grant funding through an ARRA Stimulus grant. This proposal is under review and consideration. The dispatching and all proceeds of this additional van operation in Collinsville will be applied to Owasso's operation. We anticipate that this cooperation between two neighboring cities in providing public transportation services to area residents would be a WIN-WIN situation. Their decision to take advantage of this rare grant opportunity in receiving a van for their operation is pending. We will keep you posted. During FY -2011 we will to transfer an 11- passenger bus to the City of Owasso's operation which will enable the drivers to have a wheelchair lift and a two wheelchair stations for ADA mobility needs. We will begin using one of the two existing mini -vans stationed in Owasso to accommodate Soonerrides for City of Owasso and surrounding area for medical transportation needs. This program has proven to subsidize other cities in their local match requirements and we have equated the anticipated income from this added service will benefit the City of Owasso as well. Additionally, we have finally contracted with Transit Advertising, Inc. to solicit advertising on our Pelivans (rolling stock) All revenue generated from these sales will be applied to the City of Owasso's Pelivan budget for FY -2011. During these economical times, we are planning to operate in our cities "status quo ". We are requesting the same amount of $49,393 for the required local match funding for the continued support of Administration and Operational costs for a three possibly four vehicle operation to the City of Owasso for FY -2011. The total budget is $201,352 and we have secured $151,959 in other grants from the federal, state and local entities to subsidize the Owasso operation. We plan to introduce more vehicles to your area's operation in the future if the added service is able to pay for themselves through Collinsville and Logisticare subsidies that will be applied as income toward the Owasso budget. I am available to clarify any budget information and will plan to attend the board meeting for any questions if needed. Sincerely, Debra McGlasson, Pelivan Transit Director rand Gateway Fax: ((918) 783-5793 918) 783 -5786 Economic Development Association Purchase of Service Agreement This letter establishes an Agreement made and entered into on the day of , 2010, between The City of Owasso and Grand Gateway Economic Development Association /PELIVAN TRANSIT regarding financial assistance to the Association for the operation of a demand - response Public Transportation System operated by Pelivan Transit for FY -2011. Whereas, the City of Owasso and area business leaders have identified certain community needs and set certain goals for the economic development of the community. Whereas, there is a need to implement programs for the City of Owasso to meet a need to provide services to attract and serve the elderly and retirees in order to become a more desirable retirement community, as well as providing a much needed service to all citizens of the community. Whereas, the Grand Gateway Economic Development Association is starting a Transportation Program established under the Oklahoma Department of Transportation Section 5311 Transportation Program which will provide public transportation for the citizens of Owasso and has requested the City to assist in financing this program. Whereas, the City of Owasso will provide $49,393 to the Association for Grand Gateway's service in providing public transportation to the citizens of Owasso, Oklahoma. Payments may be rendered in ten (10) monthly payments of $4,939.30 or a lump sum payment payable to Grand Gateway E.D.A. /Pelivan Transit, P. 0. Drawer B, Big Cabin, OK 74332. Grand Gateway /Pelivan Transit will provide ridership totals for the previous month based on actual ridership with each monthly billing. Whereas, Grand Gateway's Pelivan Transit will assign two (2) vehicles with drivers, and one (1) dispatcher for the City of Owasso and two (2) vehicles will be added during the FY -2010 Grant Year to accommodate Soonerrides and demand response needs for Collinsville and the surrounding area of Owasso commencing October 1, 2010 through September 30, 2011 (FY -2011) to operate the demand- response city /rural /variable distance routes from 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of Holiday's as listed below: New Year's Day Labor Day Martin Luther King, Jr. Day Veteran's Day Memorial Day Thanksgiving Day (Two days) Independence Day Christmas Day (Two days) FEDERAL /STATE ASSISTANCE: The Pelivan Transit, CONTRACTOR and the City of Owasso are particularly advised that the execution and continuance of the AGREEMENT is contingent upon receipt of financial assistance from the Federal and State levels. This AGREEMENT will terminate if the Federal funding is discontinued. The State assumes no responsibility to fund this program if there is a failure of Federal Funding. CONTINUING LOCAL period indicated above governing body of the ASSISTANCE: This and is subject to City of Owasso. AGREEMENT is for the early renewal by the INSURANCE: Grand Gateway Economic Development Association, d /b /a Pelivan Transit, shall maintain liability insurance on all vehicles covered by this AGREEMENT with limits of liability in the amount of Five Million and no /100 dollars ($5,000,000.) for any number of claims arising out of a single occurrence or accident, and shall provide proof of coverage to the City of Owasso when requested. Whereas, the terms of this Letter of Agreement may be changed only through mutual agreement by both parties. Edward J. Crone, Exec.Director Grand Gateway E.D.A. P.O.Drawer B Big Cabin, OK. 74332 Notary: Rodney Ray, City Manager City of Owasso P. 0. Box 180 Owasso, OK 74055 Notary: Signed before me this Signed before me this day of IF 2010 day of , 2010 PELIVAN TRANSIT RIDERSHIP COMPARISON ---2008 2009 2010 900 - - -- - -- - -- - -- - - -- - -- e FBI( TIMES t1 w uj 0 500 z "' 400 a 300 200 100 0 \A �y� ��• ��� ��� ��� aP� ��� ��° > �e Q' ��� O of O�� The e City Wit -out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Larissa Darnaby- Pruner City Planner SUBJECT: OA -10 -01 DATE: October 8, 2010 BACKGROUND: The City of Owasso received a request for the annexation of approximately 5 acres of land, located on the north side of East 116th Street North and about a quarter of a mile west of North Garnett Road, also recognized as 10857 East 116th Street North. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Single Family Residential (City of Owasso) - Country Estates South: Agricultural and Commercial Shopping (City of Owasso) - Undeveloped East: Single Family Residential (City of Owasso) - Country Estates West: Agricultural (City of Owasso) - Detention Pond PRESENT ZONING: AG (Agricultural 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 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. The third step in the development of a piece of property in Owasso is platting. 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. ANALYSIS: The City of Owasso has received a request for the annexation of approximately 5 acres. The subject property is located on the north side of East 1 16th Street North and about a quarter of a mile west of North Garnett Road, also recognized as 10857 East 1 16th Street North. To the north and east of the subject tract is the Country Estates subdivision. To the west is a vacant tract identified as the drainage pond for Country Estates. To the south lies two tracts, one zoned Agricultural and the other zoned Commercial Shopping —both properties are undeveloped at this time. If the property is annexed into the City of Owasso, the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as prescribed by Public Works including but not limited to paved streets and sidewalks. The tract is subject to the Emergency Storm Siren Fee ($35.00 per acre). The property will be served sewer and water by the City of Owasso (Washington County Rural #3 payback area). Staff published legal notice of the annexation petition in the Owasso Reporter on September 15, 2010, and letters of notification were mailed to property owners within a 300' radius. ANNEXATION COMMITTEE: The Owasso Annexation Committee heard this item at their regularly scheduled meeting on September 22, 2010. At that time, the Owasso Police, Fire and Public Works Departments stated that this property was within the City of Owasso's scope of services. PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regularly schedule meeting on October 11, 2010. RECOMMENDATION: Staff intends to recommend approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: A. General Area Map • M s J, 1. ML- g 7i Li i + M v I ,I y � �� i s � 1 _ r •�r � 7 p � A _- �► ® o 10857 EAST 116th Street North CITY OF OWASSO Legend ® SUBJECT PROPERTY 111 N. Main Street 0 P.O. BOX 180 Owasso, OK 74055 North 918.376.1500 Tl-41S MAP IS FOR INFORMATION PURPOSE ONLY AND IS N(--)T INTF.NDF_D TO REPRESENT AN ACCURATE AND TR.LJI SCALE. USE OF THIS MAP IS WLTHOUT WARRANTY OR REPIiESEN1'ATION BY CITY OF OWASSO OF T Y'S ACCLIRACY - 9/17/10 Adomft The City Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Larissa Darnaby- Pruner City Planner SUBJECT: OA -10 -02 DATE: October 8, 2010 BACKGROUND: The City of Owasso received a request for the annexation of approximately 40 acres of land, located at the southwest corner of East 76th Street North and North 161st East Avenue. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Single Family Residential (Rogers County) - Cornerstone Addition South: Agricultural (Rogers County) - Vacant East: Mixed Use Zoning- Stone Canyon Development West: Agricultural (Rogers County) - Vacant PRESENT ZONING: AG (Agricultural District) - 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 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. The third step in the development of a piece of property in Owasso is platting. 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. ANALYSIS: The City of Owasso has received a request for the annexation of approximately 40 acres. The subject property is located on the southwest corner of East 76th Street North and North 1610 East Avenue. The property is currently undeveloped. If the property is annexed into the City of Owasso, the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as prescribed by Public Works including but not limited to paved streets and sidewalks. Upon the development of the property, the developer would be required to participate in the 76th Street Interceptor Payback Fee (to be established), and the Emergency Storm Siren Fee ($35.00 per acre). The property will be served sewer by the City of Owasso and water by the Rural Water District #3 of Rogers County. Staff published legal notice of the annexation petition in the Owasso Reporter on September 15, 2010, and letters of notification were mailed to property owners within a 300' radius. ANNEXATION COMMITTEE: The Owasso Annexation Committee heard this item at their regularly scheduled meeting on September 22, 2010. At that time the Owasso Police, Fire and Public Works Departments stated that this property was within the City of Owasso's scope of services. Fire Chief, Bradd Clark stated that this property will be dually protected as it lies within both Owasso and Limestone Fire Districts. PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regularly schedule meeting on October 1], 2010. RECOMMENDATION: Staff intends to recommend approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: A. General Area Map 4 The City wit i'u Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Special Exception Application and Review Process DATE: October 8, 2010 BACKGROUND: The City of Owasso Community Development Department currently allows certain uses believed to have unique or widely varying operating characteristics or unusual site development features to be permitted in base zoning districts as special exceptions as opposed to those permitted "by- right." These Special Exception uses are approved or denied by the Board of Adjustment (BOA) rather than the Planning Commission. Once a decision is rendered by the Board of Adjustment, no further action is taken by any public body on the item and the applicant may submit a site plan and subsequent building permit. The purpose of this memo is to raise some concerns the Community Development Department has with respect to the current process of approval for many Special Exception uses. Owasso is unique in the way Special Exceptions may be allowed in zoning districts where the requested use (i.e. church) would not be allowed "by- right." This is problematic for several reasons. First, the Board of Adjustment is a quasi - judicial board that does not operate under the authority of the City Council. Second, because the Board of Adjustment is quasi - judicial, any appeals, whether they are from the applicant or citizens, may be disputed in District Court. Because of this, staff believes it is in the best interest of the City to require some of the uses currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits." Specific Use Permit applications would be considered by the Planning Commission and the City Council, which would serve as a check and balance system. This would be beneficial because the staff and the Planning Commission can require additional measures be taken to ensure the use is of high quality and designed appropriately. Also, with a Specific Use Permit, the City Council would hear and approve or deny the item at their regularly schedule meetings, thus ensuring a well reviewed application. DISCUSSION: In the past, many of the Special Exception uses currently shown in the zoning code may have been appropriate without the need for a more stringent review procedure. However, the City has grown to a point where many Special Exception uses have the potential to create negative impacts to adjoining residential, commercial, and public areas. These may not have been foreseen as a problem several years ago. Some Special Exception uses can be fairly complex and intense, thus having a high impact on neighborhoods. For example, in a residential district, the following uses are currently allowed by Special Exception in the City of Owasso with approval from the Board of Adjustment: ➢ Church Hospital ➢ School ➢ Post office ➢ University The following uses are allowed by Special Exception in commercial districts: ➢ Outdoor shooting range ➢ Drag strip ➢ Fuel oil sales ➢ Auto sales lots ➢ Truck Rental ➢ Race Tracks The following uses are allowed by Special Exception in light industrial districts: ➢ Hydroelectric generation plant Sanitary landfill ➢ Sewage disposal facility ➢ Juvenile delinquency center As mentioned earlier, all of the above uses, as well as many others, currently go before the BOA for approval or denial. It is important to remember that if the request is approved, it does not go before any other decision making body and the applicant may proceed with preparing a site plan and then securing a building permit. If the applicant is denied, they have the option to appeal the decision in district court. In either case, neither the Planning Commission nor City Council has a chance to review or act upon the request. Staff is concerned that many Special Exceptions are beyond the scope of the BOA's purpose and that many of these uses should be subject to a more thorough review process. Looking at the BOA's function in relation to the aforementioned issues, Staff believes that many Special Exceptions should go before the Planning Commission and then forwarded to the City Council for final approval similar to the way other zoning applications are processed. Typically, from my experience and in my research of other communities' procedures, the BOA, acting as a quasi - judicial body, is appointed for the purpose of considering requests for relief from the requirements of the zoning ordinance or staff interpretations of the zoning ordinance. There are typically three types of applications the BOA considers: variances, appeals of administrative decisions, and non - conforming situation permits. Below are excerpts from other cities' zoning codes describing the purpose and duties of their Board of Adjustment: Statesville, North Carolina The Statesville Board of Adjustment is a quasi - judicial board appointed by the Statesville City Council. A quasi - judicial hearing is similar to a court hearing in that witnesses are sworn in and decisions are based on evidence and factual testimony rather than opinions. The Board's responsibilities include granting variances and hearing appeals from decisions or interpretations made by the zoning administrator. The Board meets monthly to hear requests. Moore, Oklahoma In Moore, Oklahoma, the Board of Adjustment concerns itself with questions arising from the City's zoning regulations. Business of the Board includes hearing appeals from citizens who have been the subject of enforcement of zoning regulations; deciding map interpretations; and authorizing exceptions and variances to the zoning regulations. Edmond, Oklahoma Edmond, Oklahoma's Board of Adjustment was created to hear variances on Title 22 Zoning Ordinance for such items as height and setback. The Board of Appeals hears variances from the Building Code, Fire Code and Title 13 Utility Code for all other zoning codes. Olathe, Kansas Olathe, Kansas has a Board of Adjustment which will receive, hear, and decide appeals to official decisions pertaining to zoning requirements, and to consider applications for variances. In essence, the BOA is composed of lay- persons and business owners who are not accustomed to hearing many of the planning related items such as subdivision plats, easement closures, rezoning cases, and lot splits that the planning Commission hears. Additionally, the Planning Commission is more accustomed to acting on related site issues such as driveway access, utilities, impacts on adjoining neighborhoods, and storm water impacts. Considering this, it makes better sense to take many of the special exception items to the Planning Commission rather than to the Board of Adjustment. Below is a list of the pros and cons of changing the current procedure for Special Exceptions: Pros ➢ The Planning Commission and City Council will have an opportunity to have input and thus be able to mitigate any negative impacts to adjoining development. ➢ Many of the Special Exception uses will get another layer of review, ensuring better safeguards in the process. ➢ The procedure will encourage more public review and evaluation of a use's operating characteristics and site development features. ➢ The review process will provide better assurance to the community that such uses will be compatible with their locations and surrounding land uses. Cons ➢ The process has the potential to become more political, as the City Council will be required to take final action on specific use permits. ➢ Approval times will be lengthened. SUMMARY: It is recognized that the community is growing and as such has become more complex in terms of the proximity of uses in certain locations. An SUP allows a use that may be appropriate in some locations in a given district with additional conditions such as, but not limited to, site modifications, additional landscaping, driveway location, hours of operation, building modifications, etc. Some common examples of an SUP are day care centers, private clubs, churches, bed and breakfasts, and congregate care housing in residential districts, as well as several other uses. An SUP also allows the Planning Commission or City Council to request additional conditions as part of the proposed development. Specific Use Permits, sometimes called Special Use Permits or Conditional Use Permits, are being used in most communities in our region as well as many other cities throughout the nation to address uses that, without modifications, tend to more intensely dominate the area in which they are located than do other permitted uses in the district. It is important that care is taken to integrate specific land uses with other uses in certain areas in order to prevent adverse impacts to the community at- large. RECOMMENDATION: Staff intends to recommend City Council approval for Staff to initiate the process of taking Special Exceptions through the Planning Commission and City Council as Specific Use Permits (SUP's). In order to initiate this change, the following actions would need to occur: ➢ Amend Chapter 12 (Section 1210) of the current zoning code to reflect changes to the powers of the Board of Adjustment. Similarly, changes would be made with respect to duties of the Planning Commission. ➢ Amend any language in the City's Code of Ordinances, which may be affected by this change. ➢ Make adjustments to the use descriptions in the zoning code to show where uses formally taken as Special Exceptions will now be taken as a Specific Use Permit. This may allow the consolidation of several chapters into one new chapter. ➢ Add new text to the zoning code that describes Specific Use Permits, what they are, their purpose, and the procedure for obtaining one. ➢ Hold a public hearing on the proposed amendments. ➢ City Council adoption of the new amendments by ordinance. nTity Wii, out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Interlocal Agreement for Development of Sperry Land Use Master Plan DATE: October 8, 2010 BACKGROUND: The Town of Sperry is currently without a Land Use Master Plan and desires to draft and adopt such a Plan. However, Sperry does not have sufficiently experienced or skilled staff to draft a Land Use Master Plan and has requested assistance from the City of Owasso in this endeavor. The City of Owasso has maintained, with periodic review and amendment, a Land Use Master Plan for a number of years and employs staff with both experience and skill in drafting a Plan. Given the close proximity of the boundary lines of Owasso and Sperry, both municipalities have determined that partnering to create a Land Use Master Plan for Sperry is in the best interest of both communities and will greatly benefit the public. Development and implementation of a Land Use Master Plan for Sperry will ensure optimal land usage and zoning throughout that community and will additionally ensure that zoning and land use near the closely contiguous boundary lines of both communities are not in conflict. PROPOSED ACTION: Sperry has requested assistance from the City of Owasso's Community Development Department for assistance in the drafting and implementation of a Land Use Master Plan. The City of Owasso employs experienced staff who is skilled in drafting land use plans and the City is willing to provide personnel and services from the Community Development Department to assist Sperry in this goal. An Interlocal Agreement between the City of Owasso and the Town of Sperry to develop the Sperry Land Use Master Plan is proposed for City Council consideration. RECOMMENDATION: Staff intends to recommend City Council approval of the Interlocal Agreement for Development of Sperry Land Use Master Plan. ATTACHMENT: A. Proposed Interlocal Agreement for Development of Sperry Land Use Master Plan Interlocal Agreement for Development of Sperry Land Use Master Plan THIS AGREEMENT IS MADE between the City of Owasso ( "Owasso'), a municipal corporation within the State of Oklahoma, and the Town of ( "Sperry "), a municipal corporation within the State of Oklahoma, as of the date executed by the parties below. WHEREAS, Owasso and Sperry find it mutually beneficial and in the public interest for the citizens of Owasso and Sperry for Owasso to enter into a contract wherein Owasso will provide Sperry with assistance and personnel to develop a Land Use Master Plan, WHEREAS, Owasso is capable of assisting Sperry in the development of the Land Use Master Plan, has the necessary personnel and equipment and is willing to perform the work needed by Sperry in consideration of the agreements contained herein, WHEREAS, Owasso and Sperry have determined that they will both maximize cost savings and benefits by entering into an Interlocal Agreement for development of a Land Use Master Plan, and that it is in the best interest of both Owasso and Sperry to enter into this Interlocal Agreement, WHEREAS, Owasso and Sperry are municipalities with nearly abutting boundaries and have determined that it is in the public interest for them to cooperate in this project, and that substantial benefits for the citizens of Owasso and Sperry will be recognized as a result of mutual cooperation and collaboration between Owasso and Sperry on this proj ect. NOW THEREFORE, in consideration of the terms and conditions maintained herein, Owasso and Sperry mutually agree to the following: • The parties are authorized to enter into an Interlocal Agreement by virtue of 74 0. S. §1004 et seq. • Owasso shall provide the personnel and expertise necessary to develop a Land Use Master Plan for Sperry. • Both parties shall comply with all applicable ordinances, statutes and regulations. • No separate legal or administrative entity shall be created by this Agreement and each of the parties shall be governed by their respective governing municipal bodies. • No property shall be jointly acquired. Each of the parties shall be responsible for their own costs and the parties shall not incur any joint financial liability. • This Interlocal Agreement shall be in force and effect for one (1) year following execution of this Agreement as shown below except that either party may terminate this Agreement, at any time, thirty (30) days after providing notice to the other party in writing of intent to terminate the Agreement. 1 Signed this day of October, 2010. TOWN OF SPERRY Debbie Lamberson Eastin, Mayor ATTEST: Glenda Holcomb, Town Clerk (SEAL) APPROVED as to form and legality this Jeff Stephens, Town Attorney 2 CITY OF OWASSO Doug Bonebrake, Mayor Sherry Bishop, City Clerk (SEAL) day of October, 2010. Julie Trout Lombardi, City Attorney