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HomeMy WebLinkAbout2005.07.12_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE l • CITY COUNCIL TYPE OF MEETING: Special DATE: July 12, 2005 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City hall bulletin board at 4:00 PM on Friday, July 8, 2005. iq a n-1.-,--,11 Juli nn M. Stevens, Administr� ive Assistant Call to Order Mayor Thoendel Discussion relating to Grant Applications Mr. Rooney Attachment #2 A. Fire Department Discussion relating to Community Development Department Items Mr. Rooney Attachment #3 A. Final Plat (1) B. Annexation (1) C. Easement Closure (1) Owasso City Council July 12, 2005 Page 2 4. Discussion regarding the method to be utilized for filling the vacancy created by the resignation of Ward 4 Councilor Gary Cochran. Mr. lay Attachment 44 5. Discussion relating to City Manager Items Mr. Ray A. Defuse Department m Vehicle Status Update 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(B)(1). Mayor Thoendel %. Adjournment H\Agendas\Council Rork Session\2005\0712.doc TO- THE HONOARABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGE-1 SUBJECT° GRANT APPLICATION DATE. July 7, 2005 BACKGROUND: Pursuant to discussions conducted with the City Council at work sessions, the attached memorandum from Chief Fisher references the application for the SAFER grant through the Department of Homeland Security. The grant, if awarded to the Owasso Fire Department, would help offset increased personnel costs over a four year period incurred by the City of Owasso Fire Department as a result of the need to increase manning in order to make Station 3 operational. This item has been listed on the City Council work session agenda in order to afford the Council an opportunity to ask any questions you may have regarding the grant application and its funding source. RECOMMENDATION: The grant application deadline for the SAFER grant was June 28, 2005, and as a result, I directed Mr. Fisher to proceed with the application. In the event that there are concerns expressed by the Council, the application may be withdrawn. ATTACHMENT. 1. Memorandum and grant information from Chief Fisher. TO: TIMOTHY ROONEY ASSISTANT FROM: CHIEF it S �� l I "v. i� { ,�3 O'` gFIREDEPARTMEN SUBJECT. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT DATE: June 24, 2005 BACKGROUND: The Department of Homeland Security has announced an open application period for the Staffing for Adequate Fire and Emergency Response Grant (SAFER). This grant is awarded directly to fire departments in order to increase the number of firefighters for fire suppression and emergency response. GRANT DETAILS. The grant involves a five year plan to hire firefighter positions in addition to currently authorized or funded positions. The fire department must maintain all grant funded positions throughout the five year plan. The grants require that the firefighters receive firefighter Level One certification within six months of employment, followed by Level Two certification within twenty four months of employment. The grant requires the awarded fire department to match an increasing portion of the salaries over a four year period with the awarded department being required to absorb the entire cost of all awarded positions in the fifth year. All awarded firefighter positions must be filled within twelve months of the award of the grant. APPLICATION. The SAFER grant applications are automated and electronically submitted by the fire department. The fire department must indicate within the application budget details the member of firefighters to be funded with the grant. The application period will closes at 5 PM on June 28, 2005. STAFFING LEVELS. After conducting a review of the departments current staffing levels and the anticipated future needs to staff Station Three, it has been determined that an increase in funding and firefighter positions will be needed to provide minimum personnel for an engine company at station Three. Station Three will require a minimum of five personnel on duty at all times. This will provide two personnel for the ambulance and three personnel to operate the engine. To ensure that an engine can respond from Station Three and conduct adequate fire suppression, three firefighters per shift (nine personnel) would need to be funded in order for Station 3 to become operational. _ RECOMMENDATION: Staff recommends that alternate funding be sought through the SAFER grant, to offset approximately 50% of the salary and benefit cost during the five year plan of hiring nine firefighters to provide minimum manning of an engine at Station Three. An estimated cost analysis of the plan is attached for your information and review. A TTACH ENT 1. Cost Analysis wwwTri,rao `: re ghters alaryBene-Tota Annual ity hare r 1 •, _AA to A AA A A AA A AA A AAA �� AAA 11 � AAA A • AA A AAA �i� IIA AAA � AAA AA A AA A A A A A A45,000 A A AA5,000 50)000 5,000 45,000 45,000 A. AA ----F-288,000 162,000450,000 45,000 405,000 Firefighters r � t BenefitsShare� � � 1 `n r f Fed Sharef x +€ '� b •A 10,500 42,000 •AA AAA IE A •A � +A ,� AA A AA AAA .AA . A52,500 42,000 AA 18,900 52,500 A AA 42,000 ,AAA 18,900 AA A A A A IA 18,900 52,500 A AA *_AAA A •IA AAA 1 A IA AAA y AA •AA AA A AA AAI A AA A AA AA •� AA :AAA Firefighters Salary Benefits Annual % 1 .d Share 50 55,125 55,125 �� _:i • �� ■55,125• _ A A .A • .�'55,125••_ .A •• 1 .� :� • 127,562.50 m = . MlIMMODROINWALORO�mA _• Awm A: Ai Firefighters Total nnual $ City Share 70% Fed Share 30% 1 40,516.88 2 )881.25 4 4, 516.8 8 3 20,837.25 57,881.25 40,516.88 M 37,044 20,837.25 57,881.25 40,516.88 —4 88 40,516.88 20,837.25 57,881.25 7,044 20,837.25 57,881.25 7,044 20,837.25 37,044 20,837.25 =TLo—t a —I s 6-:l-520,9�-1�2E:36:4=,65:1::9=2 _,2767�-2 0 are 0% 38,896.20 38,896.20 3 8, 6 t# 6.2 0 38,8«. i 60,775.31 1 60,775.31 65.3 1 60,775.31 60,775.31 60,775.31 I Totals � 35 196,911 ;,97 0 1 * The above cost analysis details the anticipated required funding for minimum staffing (three firefighters per shift), of a single engine company at fire station number three. * The above analysis does not allow for the staffing of an ambulance. The minimum staffing of an ambulance will require and additional (two firefighters per shift), or 6 personnel. ® The City share of staffing an engine company for the five year grant plan will be $ 1,299,156.21 ® The Federal share for the five year plan will be $ 1,187,341.92 The average cost per year for each firefighter on the five year grant plan will be $ 28.870.14 The average cost per year for each firefighter without the five year plan will be $ 55,255.51 TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM.CHIP MCCULLEY CITY 1 hE>t' 1 311111111111ti i} Z' i J BACKGROUND: The staff has received an application for the review of a final plat for Owasso Industrial Park, proposing I lot, on approximately 3.59 acres of property zoned IL (Light Industrial). HEARING DATE: Planning Commission: July 11, 2005 The subject property is located south of E. 5`h Ave., approximately 1/mile west of the Dingo Valley Expressway. A general area map is included with this report. EXISTING LAND USE: Existing property is undeveloped. SURROUNDING LAND USE: North: Owasso Industrial Park South: Owasso Waste Water Treatment Plant East: Undeveloped West: Undeveloped PRESENT ZONING: IL (Light Industrial) SURROUNDING ZONING: All property surrounding the subject property is IL (Light Industrial). DEVELOPMENT PROCESS: The four primary steps in the development annexation, zoning, platting, and site planning. of commercial property in Owasso include The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. 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. 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. IA��lIN"' `C The applicant is requesting this review in order to facilitate 1 Lot on 1 Block on 3.89 acres. The subject property is zoned IL (Light Industrial). The future commercial development is compatible with Owasso Master Plan and consistent with current development trends in the general area. Since this is a one lot development there is no preliminary plat required. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Owasso Industrial Park Final Plat meets all Owasso Zoning Code and Subdivision requirements. Adequate easements have been established along Right -of -Ways and shared lot lines to enable development services. The lot will be served by City of Owasso water and sewer. The bulk and area specifications for this site are more than adequate for the placement of the facility. TECHNICAL ADVISORY COMMITTEE; The Owasso Technical Advisory Committee reviewed the final plat at the June 29, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. Applicant must locate adjacent property. 2. Applicant must indicate the building pad elevation of proposed building 3. Applicant must include detention in the deed of dedication. COMMENDATION® Staff recommends approval of the Owasso Industrial Park final plat subject to the above conditions. ATTAC ENTS® 1. Case Map 2. Final Plat Owasso Community Development Department 111 N. Fain St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com FINAL PLAT OO. INDUSTRIAL / rr rr r rr rr rr r r j rrrrrr rrrrr f f rrrr � rr rr rr � rrr rr/rrr Jrrrrrrr rr rrr rrr rr frrr rrr rr Jrr f rrr rr 'rrrrr 'rr rrr rrr � o l rrr rrr rrr rrr rrr rrr rrr rrr , Jrr rrrr OP r r� }y ;& IY EMI':.. A PART OF THE SE/2 OF THE NE/4 OF SECTION 31 TOWNSHIP 21 NORTH, RANGE 14 EAST AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA Ia I I I � ✓` I I � I � I 1 LOT IN 1 BLOCK 3.89 ACRE TRACT ZONED: IL /' f rrr rrr rrr - / I," I ` I /�)' 17 f2, rrr/% !rr --------- rrrr7r w rr rrr rrr I rrr r/ rrrr rrr rrr ', rrr rrr rr r r rrl��, r ��, rir rrr �' rrr rrr rrr rrr rrr rrr rrr rrr Irr rrr rr rr rr rr rr rr rr /r rr �r ,. rr rr rrr rr rr rr ri rr rr ri rr L�T,rr r rr rr rr rr rr rr rr ri rr rr 49Y.00• m a s asora' NAM%AW 1'1JIE SIpMN CW RYI f19Y YV PVfl M. 4014JCD13T Y W1CR S(p1FY&1! 12 )999 rr , rrrrJr rrrgg BENCHMARK: rr ro9� mY„ w mwm. miM Aca uo) rrr rr r rrrf r,: rJl rI SURVEYOR: BENCHMARK SURVEYING 302 B EAST 5TH AVE. OWASSO, OK 74055 (91B) 274-9081 CERTIFICATE OF AUTHORIZATION NO. 1289 RENEWAL DATE, JUNE 30, 2005 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA, OKLAHOMA 74080 (916) 275-4080 CERTIFICATE OF AUTHORIZATION NO. 2788 RENEWAL DATE; JUNE 30, 2005 OVdNER (DEVELOPER: OLT IIEVELOPMENT, L.L.C. P.O. BOX 240 OWASSO, OK. 74055 (918) 272-5338 Deed of Deolmtion cv Certuln RRst—t— �axnz sA�uer .vm smn scxc owu a uw un.wu a emamc m1 n¢ wmm�m a >K no,x vnlm xrne xm sare,Remr� nc scmw�xs,rnrnrto°1.ns m xn°�''ms�ima u�nvwcn w'�ua�'wrcnmrrn�srn: m n`� FnEi1n1L"". ,@ t.YC NVK. 1Yf TC RwER 6 Eaoi m a�'"rz'�'iu¢ m mnna a na rcwr�a nutia oe �srte,m ar oer: uRa RwrwTs C R�»n �n1 N.e�rK _ •xR IIf &v1m bKBr. t.KlM II,4 �1z SAmrc, YWSY mV➢S mRLZPO�]1�2NR3R3 X1v�)fl>K C[(mutc4 a an r.1E_ se R 14 E C T 3 31 7 21 q N LOCATION MAP —LE: =—.' OWNER'S CERTIFICATE > �r,mmars. va vm,®a m ,vvr� �� we ve v+ws m m ax ns,wrz ¢vc,m�ma CERTIFICATE �E OF SURVEY n.. m Pnsm� ma DYrn[D ,K Vrnw xm rmamv a1mKNl. R[ uuw m >Q ra m,rtac' CERRTIIFFICA�TE OF FINAL PLAT APPROVAL rm OWASSO INDUSTMAL PARK JUNE 1. E'OD5 mar 1 m 1 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO 11FROM- CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA-05-03) DATE: June 30, 2005 B A_CKGROUND The City of Owasso has received a request from Kellogg Engineering for the annexation of approximately 87 acres. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential property. HEARING DATE: Planning Commission: July 11, 2005 LOCATION The property is located on the southwest corner of E. 9e St. N. and Mingo Rd. A general area map has been attached for your review. Undeveloped SU OITNDING LAND USE North: New Brunswick South: Large -lot residential East: Mingo Rd. and Fairways IV, V, and VI West: Undeveloped PRESENT ZONING IL (Light Industrial) — Tulsa County SURROUNDING ZONING North: RS-3 (Residential Single -Family) South: AG (Agriculture District) East: RS-3 (Residential Single -Family) West: AG (Agriculture District) 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. 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. 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 casements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIIEW 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 primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. 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. LEGAL CONSIDERATIONS OF AN ANNEXATION The following annexation policy for the City of Owasso is provided as a guideline and should not be constructed as inflexible requirements for annexation. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City Limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non -conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owner's expense by the establishment of a special assessment district or some other financing method. 5Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistency and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. RECOMMENDATION ATTACHMENTS: 1. General Area Maps 2. Applicants Annexation Petition 3. Legal Notice Subject Proper NEW BRUNSWICK ig 1 Owasso Community �! Development Department 111 N. Main 5t. Owasso, OK 74055 918.376.1500 918.376,1597 www. cityofowasso.com JUN€ zs, 2005 BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OK This correspondence constitutes a request for annexation from not less than three fourths of the registered voters and owners of not less than three -fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit'. A Tract of land in the NEM of Section 24, T-21-N, R-13-E I.B.&M., being all that part of the NEM of said Section 24 lying East of the South Kansas and Oklahoma Railroad (A.T.&S.F. R.R.) Right-of-way, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof. Being a territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced wn the Limits thereof, hereby petitio the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated the I st day of June, 2005. Brian K. Kellogg, P.E. U I Kellogg Engineering, Inc. Z� Agent of the Property Owner THE CITY OF OWASSO, OKLAHOMA Novice is hereby given that a public hex aring will be held by the Owasso Planning Coranfission, at Old Central, 109 N. Birch, at 7:00 P.M. July 11, 2005. At the hearing, consideration Will be given to the proVsed ,ange of the zoning classification oft followiiig &uribed property. To be considered is an annexation of property approximately 87 acres in size, located on the southwest comer of E. 96"' St N. and Mingo Rd. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, the Planning Connnission shall -submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more info rmation on the proposed rezoning contact the Owasso City Plarmer, City Hall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahoma, this 14 1h day of June, 2005, City Planner TO: THE HONORABLE MAYOR AND COUNCIL CITY OF !,O FROM- CHIP MCC ULLEY SUBJECT: EASEMENT CLOSURE, (Ator Center) DATE: June 30, 2005 BACKGROUND: The City of Owasso has received a request to close a 15 foot easement located in Lots 2 and 3 of Block 9 as shown on the filed plat of Ator Heights Third Addition. HEARING DATE: Planning Commission: July 11, 2005 EXISTING LAND USE: The existing property is undeveloped. SURROUNDING LAND USE: The subject property is undeveloped. Surrounding property is zoned CS (Shopping Center District). LOCATION The easement in question is a 15' utility easement that dissects the subject property. EASEMENT CLOSURE VIEW PROCESS The Easement Closure review process is initiated when a property owner submits a letter requesting approval from the City of Owasso to vacate an easement. The letter is accompanied by the correct fee, survey drawings and letters from all easement grantees approving the request. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed easement closure will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the request. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the request meets city specifications and approve or deny the request. No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. ANALYSIS: The applicant is requesting this review in order to take appropriate action relating to matters allowing for the closure of a 15' utility easement located in Lots 2 and 3 of Block 9 as shown on the filed plat of Ator Heights Third Addition. As a result of the road improvements along N Garnett Rd, the new configuration of the road has allowed for new 17.59 utility easements along Garnett. Therefore, the old utility easement is no longer needed. No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the easement closure at the June 29, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory Committee recommended approval of the Easement Closure without condition. R-ECOMMENDATION: Staff recommends approval of the Easement Closure without condition. 1. General Area Map 2. Easement Detail 3. Ator Center Final Plat R yI �gi O Z Owasso Community Development Department 111 N, Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. cityofowasso. com JUKE 29, 2005 li'l r I, "i N 89*04'11BBB - 61.87' AW 0 5,87 Acres 88046'09"E --100.00 EXISTING 15 /K ITO BE VA T o o Acres/ 2,74 Acres L — — — — — — — — — — — - C, I Cb co FJZ 6 I-- I �-- L) L) LJlW sos7a+ s°®1no• �a mAtssz� mares as uc v�rc mn w�mamt Final Plat Ater Center A RE-SUDMIVSM OF A PART OF LOTS 2 AND 3 (S BLOCK 9, ATM I&m;m THIRD ADDIT[aN, AND A PART OF THE SEM OF THE SV4 OF SECTION 19, MID A PART IF THE SV/4 OF THE SV/4 SECTION 20, ALL MM IN TOWN" 21 NORTH AND RANDS 14 EAST OF THE D OIAN BASE AND IERIMAN AN A=TMN To THE CITY OF OVAS90 TULSA CMWTY. OKLA>OOM ,SURVfYAR• O14P4ER/OEVELOPER, ENGINEER Senchmork Surveying do D.M. Sokolosky Kellogg Engineering, Inc. Land Services, Inc. Living Trust 6755 south 4060 Road PA. Box 1078 PA. Box 8 TolWa, Oldahona 740M Owasso, Md*hma 74055 Owasso, Ok 74055 Phone, 018) 275-4090 Phoa, (918) 274-9081 Phona, (918) 272-3234 d ABw'K 9 East 86th Street North F need of Dedcatko m msaT aaemetNmvmmemsmm[mro:o�reWm mmW Y � Amam�"snawaaa `t"�.ACx°Oan`mtms:mwn•. 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MVW. M LANOWAPM WnM CARDOMS %¢�Y9a tY mCLWStm Amm/wwC Was NY1WR MN6 ,8m6w4 wRatalYl Y m IYIOaO. W M YYaQ!! MIDLyry� qwt mWt i mr.aai,e.m16-W mmcarix as 'YO�YtIm iM ffi �°mtw�°e'"r°a .r o.�si �s�Aaoerirr �svtpOPa wmsaw+te ins mmwitm, ewwmwac er�m s�o`""ucdiwmmaamw�e parr as mmam m m aW tm. Ar�x m �,m Y as � � AUA� AI m �T W A[ wmmt waQP SECTION 31' D#MRCDCW. MAATUK AND ONENTT AND SEVERABILIM as �°� ms� a5'a'um�m�i aO°o wrsw tau�m a weWWtxa wsmms ewswmwu eWs am Yeo. x.a.s,wmt wY.w amt a "0° w'K�f me0-1—A w",iwsx�°'r'm.mc roeri "" mwa® m � n`�r m',awwr a'".i a,anr mac a 0Ar xa�w�inemm�rttr°'marwiY �Astwt'im� as i ra ffi mme. amw w w. vma Ao mar. CERTIFICATE OF OWNERVAIP eRsc�aa oaes'A�' an¢�� Y �TOTM6 M °miPWY'9 w�PARVd6 l9NSLm2S � Nmam a txsnT Bras¢ m s m oawrt � a ffiffi a: a8 A ��p R ®xtt®BTwLm� •m KY pq Ywm �pW�q�e1g�10pp(�OppO ppp 6DP im�M Ig68 u®Y q�B�T6g� S{Yilf u® m .2 b w� RT D � �. EtZ 05Y � 6ptt Am$10ffi9ip 6�IRY RL' ID CMIFMATE IF MaL PLAT APPrMVAL e rmtrse tear t was mce Y txs warm an mc®. m nm A 2205005 SaO;T 1 N 9 CITY OF TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY IAit t �111 SUBJECT. INFORMATIONAL MEMORANDUM RE LATING TO FILLING CITE' COUNCIL VACANCY DATE- July 8, 2005 BACKGROUND As you will note, I have included an item on the work session agenda for a discussion of issues relating to filling the vacancy created by the resignation of Gary Cochran from the Ward 4 City Council position, The reason for this item is to facilitate the process and preserve the Council's options in this matter, The City Charter (see attached) and State Statutes (see attached) provide options to the City Council. Those options are as follows: 1. The Council may, by majority vote of the remaining Councilors, appoint a person to serve until the next scheduled election (Section 2-1 Owasso City Charter and Section 8-109, title 11, OS), 2. The Council may set a special election for the purpose of filling the remainder of the term of the resigned Councilor (Section 8-109, title 11, OS). It should be noted that the available Municipal Election dates are October 11, 2005; November 8, 2005; and December 13, 2005. 3. If the Council does not fill the vacancy within 60 days of its occurrence, the statutes require the setting of a special election to elect a successor for the remainder of the vacant term (Title 11, OS Section 8-109). APPOINTMENT PROCESS/POLICY- Should the City Council choose to appoint a person to this vacant seat, there is an established policy in place that outlines a process for that action. The policy was adopted in 1993 and has been utilized on several occasions since its adoption. The process is sufficiently detailed and provides for notice and process integrity. Attached for your information and review is that policy. Additionally, the 1993 memorandum that proposed the policy is also attached for your review (and to provide insight). TO: TAE AONORAHLE-fTfAYOR AND CITY COUNCIL CITY OF OWASSO CITY FROM: RODNEY J. A SUBJECT: INFORMATIONAL MEMORANDUM RELATING TO FILLING CITY COUNCIL VACANCY DATE® July 8, 2005 BACKGROUND As you will note, I have included an item on the work session agenda for a discussion of issues relating to filling the vacancy created by the resignation of Gary Cochran from the Ward 4 City Council position. The reason for this item is to facilitate the process and preserve the Councilos options in this matter. The City Charter (see attached) and State Statutes (see attached) provide options to the City Council. Those options are as follows; 1. The Council may, by majority vote of the remaining Councilors, appoint a person to serve until the next scheduled election (Section 2-1 Owasso City Charter and Section 8-109, title 11, OS). 2. The Council may set a special election for the purpose of filling the remainder of the term of the resigned Councilor (Section 8-109, title 11, OS). It should be noted that the available Municipal Election dates are October 11, 2005; November 8, 2005; and December 13, 2005. 3. If the Council does not fill the vacancy within 60 days of its occurrence, the statutes require the setting of a special election to elect a successor for the remainder of the vacant term (Title 11, OS Section 8-109). APPOINTMENT PROCESS/POLICYe Should the City Council choose to appoint a person to this vacant seat, there is an established policy in place that outlines a process for that action. The policy was adopted in 1993 and has been utilized on several occasions since its adoption. The process is sufficiently detailed and provides for notice and process integrity. Attached for your information and review is that policy. Additionally, the 1993 memorandum that proposed the policy is also attached for your review (and to provide insight). It shall be the Policy of the Owasso City Council to fill vacancies in its membership, when such vacancies occur after the close of a regular filing period for candidates for Council and the unexpired term of the vacancy extends beyond the time when the terms for Council members elected that year begin, utilizing the following process: Section A - A vacancy in the Council membership shall be declared upon the receipt of a properly submitted resignation from a member of the Council in writing setting forth an effective date, or by a vote of the Council if such vacancy is caused by appropriate Council action pursuant to law; or by a vote of the Council if such. vacancy is otherwise created wherein such written resignation is not received, but an obvious vacancy is created. Section 13 - Upon declaration of a vacancy as described in Section A (above), the Council shall, by majority vote, instruct the City Clerk to cause to be published in a newspaper of local circulation a notice of such vacancy and a request for persons interested in being considered as candidates to fill the vacancy to file "letters of interest" with the Clerk during an established ten-day acceptance period, such period to begin no later than five days after publication of the notice of vacancy. Section C - The notice of vacancy shall be written and published in a manner to communicate, at a minimum, the following information: 1. The number of the Ward(s) wherein the vacancy has occurred. 2. A map of the Wards of the City and a general description of the political boundaries of the Ward(s). 3. A statement of qualifications as stated in ,Section 2-1 of the Owasso City Charter. 4. The address of the City Clerk and the manner of marking the envelope containing the "letter of interest". 5. The beginning date and ending date and ending time that "letters of interest" are to be accepted. 6. A request for information relative to the address of the interested citizen, the voting precinct of the interested citizen, and any other information the interested citizen should wish to include in his/her submittal, provided, however, that such submittal shall not exceed ten total pages of standard 81/z" x 11 " size paper or copies. %. A tentative date, established by the Council, for action on filling the vacancy to be taken as an agenda item of the City Council, notice to clearly state that such date is tentative and, due to various reasons, could be altered to a later date. Section D - All "letters of interest" shall be received by the City Clerk or designee and thereupon shall be noted the date and time of receipt, as well as the name of the person receiving the submittal. Such notations to be directly upon the "letter of interest" and not on the envelope in which the letter was contained. Section E - Upon receipt of a "letter of interest", the City Clerk or designee shall consult a Ward map or other instrument to determine if the address listed as the citizen's residence is within the boundaries of the Ward in which the vacancy is declared to exist, In all cases, such verification shall be noted directly upon the original "letter of interest" in a manner to denote whether or not the listed address is or is not considered to be within the affected Ward. In all cases wherein the initial determination by the Clerk or designee is that the listed address is not within the Ward which has been declared to be vacant, a follow-up verification by the City Planner or designee is required before such is noted on the "letter of interest". Section Ii - Upon completion of the requirements of Section E, the City Clerk or designee shall cause to be made duplicates of the submittal in the exact number as of the remaining Council members and in as exact form as possible. Each submittal shall be bound in a manner to insure the integrity of the submittal, but in no event shall any changes be made in the manner of the submittal presentation that would enhance or detract from the original submittal. Section G - The City Clerk or designee shall, at the close of business (5e00 p.m.) each day during the ten day acceptance period, deliver to the remaining Council members all submittals received during that day. In no event shall any submittal be delivered to any Council member on any date other than the date the submittal is received. Provided, however, that in the event a remaining Council member has notified the City Clerk that the delivery of submittals to him/her received on a certain day should be delayed due to his/her request, such request to be noted in the master file maintained for each vacancy. The original of each submittal shall be retained by the Clerk or designee in a master file containing all notices, documents, publications, notes, and submittals of the selection process from its inception. Section H - The Council shall direct the City Manger to place an item on the Council agenda for action within fifteen days of the date of the close of accepting "letters of interest". In the event actual action on the item is not taken by the Council, such item shall either be continued to a date specific or shall be continued to the next regularly scheduled Council meeting. Section I - Upon action by the Council and the successful selection of a successor to the position, such person shall immediately be administered the oath of office and seated as a member of the City Council; Adopted May 4, 1993 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEYJ.RAY CITY MANAGER DATE: APRIL 29, 1993 On April 20, 1993, during a regular meeting of the Owasso City Council, Councilor James Smalley notified the Council, in writing, of his intention to resign his position on May 20th two days after the Council meeting on May 18, 1993. Upon receiving that notification, the Council directed the staff to research the pro -per method(s) for filling Council vacancies and to submit a recommendation for such to the Council at the May 4, 1993 meeting. The staffs research of this issue indicates that authority for the Council to fill vacancies in its membership is found in two places. 1) The Charter, Section 2-10 (page C-7), provides that the Council "by majority vote of its remaining members, shall fill vacancies in its own membership for the unexpired term(s), or until successors are elected...' 2) Additionally, I 10. S., Section 8-109, provides that "when a vacancy occurs in an office of an elected municipal official... the governing body shall appoint... a person to fill the vacancy until the next general municipal election... . Any vacancy shall then be filled at the next general municipal election... by election of a person to complete the balance of the unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election... for the purpose of filling the vacancy for the duration of the unexpired term ... ... Based upon this research, it appears that the Owasso City Council may utilize one of the following options to address a vacancy in its membership: Mk,)7Lr1-YF Y171 WTUIDP M- APRIEL 26, 1993 PAGE TWO Option #1 - A vacancy may be filled by a vote of the City Council to name a successor to a Councilor who has resigned or otherwise left the office vacant, provided such action is approved by a majority vote of the remaining members (not a majority of those present). If this alternative is utilized, the successor is selected to serve only until the next scheduled municipal election. Option #2 - The Council may call a special election for the purpose of filling a vacancy provided that such special election must be held more than 120 days prior to the beginning of the filing period for the next general municipal election. in the event of such election, the successor is elected for the balance of the unexpired term. Option #3 - Take no initial action for a period of sixty days, then, either comply with the law by calling a special election or await a legal action requiring the call of an election. The following comments are from the City Manager and reflect observations developed after legal consultation. 1. Over the past several years the Council and staff have worked to institutionalize those processes that are used on a reoccurring basis. The reason for such a philosophy is to establish a rational process that will help to ensure consistency in the business of governing. By establishing a clearly defined policy that outlines the process for filling a Council vacancy, the chances are that such policy will become the naturally accepted method of addressing that issue each time such action is necessary. Therefore, each time a successor is selected, the community will come to expect use of the same process and will have some assurance that each vacancy is dealt with in the same manner and consistent with the laws governing those actions. Such policies also tend to discourage political manipulations for advantage of one person or special interest group and work to encourage a "level playing field". 2. Option #2 and #3 have associated costs. Option 2 would require an expenditure of approximately $4,000 (estimate) to pay election expenses incurred by the County Election Board. Option #3 would incur both legal costs and ultimately, the same election costs as option #2. 3. It should be noted that Option #1 requires the Council to make the final decision relative to selecting a successor and that such decision may be accompanied by a certain level of disharmony between Councilors as well as between the Council and certain interest groups or individuals. While there is no "cash" cost associated with this method, there is a risk in terms of how the decision made by the Council will impact other decision -making processes and relationships. SELECTION PROCESS APRIL 26, 1993 PAGE THRE E RECOMMENDATION: The staff recommends that the Council adopt the attached policy relating to the filling of vacancies in its membership. ATTACHMENTS: 1. Recommended Policy Statement 2. Section 2-10 of the "Owasso City Charter" 3. Section 8-109 of "Title 11 0. S. " Section2-8Councilmen: If the mayor or any other councilman is absent from more than one-half of all the regular and special meetings of the council held within any period of four consecutive calendar months, such person shal I thereupon cease to hold of f ice. Section 2-9 Councilmen: removal. The mayor or any other councilman may be removed from office for any cause specified by applicable ofofe low/ for the removal of officers, and by the method or methods prescribed thereby, and byrecall as provided in this charter. Seofimn2-10 Council: vacancies. The council, by majority vote of its remaining members, oho/i fill vacancies in its own membership for the unexpired terms or until successors are elected as provided in this section. If o vacancy cmoors before the beginning of o nsQolnr filing period for candidates for councilmen, and the unexpired fmrnl extends beyond the time when the terms of councilmen elected that year begin, then 000unoylrnon for that place shall be elected at the elections of that year to serve the rest of the unexpired term beginning of the time the terms ofcouncilmen elected that year begin. Section 2-11 Council: quorum, rules. Yeas and nays. /\ majority ofall of the members of the council shall constitute o quorum, but a orna||ar number may adjourn from day today nr from time to time. The council may determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the journal. Section 2-12 Ordinances: enact inq_SLquse. The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council of the City of Owasso, Oklahoma", and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the People of the City of Owasso, Oklahoma". Every proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be required for its passage. The vote on f inal passage of every ordinance shall be by yeas and nays, and shall be entered in the journal. The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be published in full or by number, title, and brief gist in a newspaper of general circulation within the city. Every ordinance except an emergency ordinance, so published, shall become effective thirty days after its final passage unless it specifies a later time; provided that a franchise for a public utility shall not go into effect until the ordinance granting it has been published in full in a newspaper of general circulation within the city and has been approved at an election by a vote of a majority of the qualified electors voting on the question. Section 2-14 Ordinances: eM2f9enc An emergency ordinance is on ordinance which in the judgment of the council is naua000ry for the immediate preservation ofpeace, health, orsafety, and which should A municipal elected official may be removed from of f ice f or any cause specif ied by for e removal _ e' s s applicable� ey method or methods prescribed thereby. SECTION 8-108 o ABSENCE FROM GOVERNING BODE' MEETINGS Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office. SECTION 8-109. VACANCIES IN OFFICE A. When a vacancy occurs in an office of an elected municipal official except the mayor, the governing body shall appoint, by a majority vote of the remaining members, a person to fill the vacancy until the next general municipal election, or the next biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act, Section 16-301 et sego of this title, and to serve until a successor is elected and qualified. Any vacancy shall then be filled at the next general municipal election or biennial town meeting by election of a person to complete the balance of any unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election or a special town meeting for the purpose of filling the vacancy for the duration of the unexpired term unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election or within one hundred twenty (120) days prior to the next biennial town meeting. If a vacancy is not filled by the special election or at a special town meeting, it shall be filled by appointment as provided for in this subsection. B. If a majority of the offices of a governing body become vacant more than sixty (60) days before the beginning of a regular filing period for general municipal elections or more than sixty (60) days before the biennial town meeting, the remaining members of the governing body shall call for a special election or a special town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, to be held as soon as possible in the \ \ : ° » )7 : ;� !• t � � � ~ <) 5 > , \\ \�:+ ( ) }� \ , > }`{\ ( ` � \ } ) . ! \ . f � «f )« � ��\ \ : � > \ ( ) \ \ ) } \ ) �^f i22� ` - - � : \ ^ } pp ;� !� « iiily? 2 «�2£..\\��2� : y TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO FROM: ANA STAGG, P.E. PUBLIC WORKS DIRE,CTO DATE: July 12, 2005 BACKGROUND: The Refuse Collection Division currently serves approximately 8,300 residential and commercial customers with separate weekly service for refuse and seasonal yardwaste collection and disposal. Current operations include li weekly refuse and 3 weekly yardwaste) routes, distributed between Monday and Friday, totaling over 2,000 pick-ups per day2. �ffK",� Monday Tuesday Wednesday Thursday Friday Saturday Sunday Refuse3 3 4 4 3 EHI EHI `lardwastery NONE N®tVE Monday Tuesday Wednesday Thursday Friday Saturday Sunday Total The City of Owasso currently owns seven refuse collection vehicles, five side -loaders and two rear -loaders. Specifically, the vehicle fleet consists of two (2) 2003 Crane Carriers side -loaders, one (1) 1998 Lodal side -loader, one (1) 1996 International side -loader, one (1) 1992 Lodal side - loaders and two (2) 1984 International rear -loaders. In March 2005, the City of Owasso i Seasonal collection of yardwaste occurs from mid April to mid October of each year. 2 Actual number of pickups varies from 1500 to 2800, with a daily average of 2260. Refuse and Yardwaste Collection Vehicle Inventory - Status Report Page 2 of 3 purchased a new vehicle to supplement the aging fleet. The vehicle, a McNelius manufactured side -loader, is scheduled for delivery in late August or early September 2005. Additionally, the City authorized the conversion of the existing 1996 International side -loader to rear -loading operation. The conversion is scheduled for completion in September 2005. On July 2005, City mechanics performed diagnostic services on each of the refuse vehicle to determine current conditions. Each truck received a rating -- 1 (inoperable), 2 (poor condition), 3 (average condition), 4 (good condition) and 5 (new) — based on mechanical condition, years of operation, and hours in service. A summary of the findings is presented below: 2003 Crane Carrier Side-Ioader - Single Axle (black: RATING (4). The two -year -old side -loader has 3,622 hours in service and 24,946 miles. Its condition is rated good, as main problems have occurred with packer body and not the chassis. Single axle operations have required replacement of brakes every 8 to 12 months due to excessive weight on a single axle. 2003 Crane Carrier Side -loader — Dual Axle (red): RATING (4). The two -year -old side - loader has 3,047 hours in service and 20,029 miles. Its condition is rated good, although the truck requires immediate replacement of packer cylinders. Staff has experienced minimal problems with this model truck because of its tandem axle configuration. Resultantly, City specifications for purchase of new refuse side -loader vehicles include tandem axle as a requirement. 1998 Lodal Inc. Side -loader: RATING (1). The seven -year -old truck is currently inoperable due to a broken frame. The malfunction occurred in July 2005 during normal collection operations. An inspection, performed by a Lodal Inc. representative, revealed that the breakage is not repairable due to its location. The truck frame and body are a single piece, hindering the possibility of salvaging major components including the packer body. The vehicle currently has 9,314 hours in service and 74,512 miles. As is, the vehicle may be used — on a very limited basis — for spare parts for the 1992 Lodal or sold for its metal value. ® 1996 International Side -loader: RATING (3). Once equipped with a new rear -loading body, the 10-year®old vehicle is expected to serve well for yardwaste collection. The vehicle currently has 5,958 hours in service and 38,440 miles. Staff has reported no problems with its chassis. IM 1992 Lodal Inc. Side -loader: RATING (2). The 13-year-old truck has 16,353 hours of service and 130,824 miles. Due to poor mechanical condition, the truck is unsafe and unreliable and should be retired from operation. Refuse and Yardwaste Collection Vehicle Inventory m Status Report Page 3 of 3 1984 International Rear -loader: RATING (2). The 20myear-old truck has approximately 10,0003 hours of service and 78,539 miles and is in poor condition for continuous operation. The vehicle is in immediate need of a clutch replacement and packer repair. Once serviced, the truck will serve as alternate for yardwaste collection. 1984 International Rear -loader: RATING (1). This 20myearmold truck is inoperable and in need of repairs estimated at over $3,700.00. However, due to its age and poor condition, it was opted that this vehicle not be repaired but be replaced by the converted 1996 International. The vehicle is currently being used for parts for the repair of the working 1984 International Side -loader. lEQI7II'IYI�NT ST'A'I"IJS SiTI�/IIVIAI2Ya Based on the diagnostics provided above, the City's current working fleet includes four vehicles: two (2) 2003 Crane Carriers, one (1) 1992 Lodal Inc. (all side -loaders) and one (1) 1984 International rear -loader, ranging in mechanical condition from good to poor. Thus, current fleet is inadequate to maintain desired levels of service, allow preventive maintenance rotations, and provide emergency backup operations. Staff is currently evaluating alternatives to supplement the existing fleet and will present a detailed report to Council in the upcoming week. A new meter has been recently installed. The current meter reading is 1,329 hours. Staff estimate of total hours of service is approximately 10,000. No records exist to confirm the hours. TO. �ZG CITYANJI, UROM: TIMOTHY ROONEY ASSISTANT CITY MANAGE] SUBJECT: SILENTWHISTLE INFORMATION ANNONYMOUS REPORTING PROGRAM DATE. July 12, 2005 BACKGROUND: At the April City Council Work Session, the Council directed the City Manager to review and then implement an anonymous reporting program to be utilized by city employees with the eventual goal of use by our customers — citizens of Owasso. Over the last 60 days, a review and evaluation has been conducted of potential third party administrators of such a service... their capabilities and limitations, case of use, and fees. Staff is prepared, as a result of this research, to recommend the SilentWhistle Company as the service provider for this service, The SilentWhistle Company is located in Salt Lake City, Utah and offers both a webs based and phone solution. The system offered by the SilentWhistle Company is not limited to whistleblowing and offers a comprehensive set of employee feedback tools. Included in the set are the following: SilentHotfine Allows placement of an anonymous call from any location toll -free SilentAlert Guard against fraud, harassment, policy violations and other abusive actions SilentSuggestion Allows employs to submit ideas or suggestions anonymously SilentQuestion Designed to allow employees to ask management an anonymous question SilentSurvey Comprehensive ethics survey tool to proactively gather feedback from employees The SilentWhistle Company has several notable customers including but not limited to I- 800-Contacts, beneficial Life, iLink Communications, and Wencor. Additionally, the SilentWhistle Company also serves the ICMA (International City Manager's Association) and several public and non-profit organizations. IMPLEMENT'AT'ION. Implementation of the service and employee training can be accomplished in a time frame ranging from two days to 45 days following a decision to utilize the SilentWhistle Company. Implementation includes pre-printed cards that each employee would receive with the website address and instructions for utilizing the service. COST: The cost of the service, based on an employee group of 200, is broken down as follows: Web Only - $1,000 per year :phone only W $1,200 per year Web and Phone m $1,500 per year It is important to note that there is a one-time setup fee of $499. This fee is waived with a three year agreement. FUNDING: Funding for this service was not included in the FY 05-06 budget. The cost of the service could likely be absorbed within the Professional Fees and Services line item of the General Government portion of the budget. ADDITIONAL COMMENTS: Mr. Clay Osborne has been scheduled to provide both you and the City Council a 15-20 minute web based demonstration at Tuesday evening's work session. He will be in contact via speaker phone to answer any questions that may arise.