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Home My WebLink About2005.09.13_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: September 13,2005 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the C* Clerk an, d posted on the City HP bulletin boa at 4:00 PM on Friday, September 9, 2005. the M. Stevens, APdminis Live Assistant Call to Order Mayor Thoendel 2. Discussion relating to Grant Applications Mr. Rooney Attachment #2 A. Cherokee Nation Grant ® Police Department B. Bulletproof Vest Partnership Program — Police Department C. 2006 Highway Safety Grant — Police Department D. Community Expansion of Nutrition — Community Center 3. Discussion relating to Community Development Department Items Mr. Rooney Attachment #3 A. Easement Closure Amendment (Ator Center) B. Annexation / Amendment to the Master Plan Requests (2) C. Rezoning Requests (2) D. Easement Closure Request (1) E. Final Plat Request (1) Owasso City Council September 13, 2005 Page 2 4. Discussion relating to Parks Department Items Mr. Rooney Attachment #4 A. Restroom Project — Owasso Skate Park 5. Discussion relating to public Works Department Items Mr. Rooney Attachment #5 A. Signalization and Utility Relocation Agreement (ODOT, HWY 169 and IC Y 20) 6. Discussion relating to City Manager Items Mr. Ray Attachment #6 A. Carryover Budget Requests for FY 2005-2006 B. Appointments to Various Boards and Commissions C. "4 to fix the County" Project Resolution D. proposed Ordinance setting term limits for service on Boards and Commissions E. Proposed Ordinance prohibiting employment of City Council Members for six months following their term in office F. Proposed Ordinance regarding Eminent Domain 7. Adjournment SAAgendas\Council Work Session\2005\0913.doc SUBJECT. CHEROKEE NATION GRANT FUNDS DATE: August 17, 2005 BACKGROUND Pursuant to Cherokee Nation Legislative Act 4-03, up to twenty percent (20%) but not less than five percent (5%) of funds generated by fees collected for the Cherokee Nation Motor Vehicle Tags are to be made available to county and municipal law enforcement agencies within the Cherokee Nation Jurisdiction. On August 2, 2005, Cherokee Nation Tribal Council Member Buel Anglen approached the city staff offering to provide $5000.00 dollars in grant funds to the police department, to be used at their discretion. Stipulations to this grant are to utilize the monies to fund law enforcement functions. REQUEST. Staff request is for City Council to approve acceptance of this grant from the Cherokee Nation and action to approve a supplemental appropriation for FY 2005-2006 Budget in the amount of $5,000.00 to the Machinery and Equipment Budget Line Item of the Police Services budget. FUNDING: Funding for this request is derived from a grant in the amount of $5,000.00 fiom the Cherokee Nation Tribe. RECOMMEDATION: Staff recommends City Council acceptance of this grant from the Cherokee Nation and approval of a supplemental appropriation to the General Fund increasing estimated revenues and increasing expenditures in the Police Services Department by $5,000. ATTACHMENT: 1. Law Enforcement Fund Request 2. Letter from Cherokee Nation 3. Deposit receipt 08/15/2005 11:87 9182886589 HOMETOWN LUMBER INC PAGE 02 CLAJAS'So Pr) Proposed use of fundg: To purchase investigative equipment for Patrol Division and additional equipment for Bike BatzzzI Unit. The COHWY� Municipality or Agency will provide receipts tilat the funds received PursuftRt to th' quest have be spent for the above stated purpose upon reqnp-0. by the Cher overany Please attach aH supporting documents. WWI 51 1U iLll P.O. Box 948 Tahle, uah._,UK-7AMA.WJ.V. 918-456-0671 August 23,2005 City of Owasso Dear Friends, Chad "Corntassel" Smith (YbGq Principal Chief Joe Grayson, Jr. 1LOcZ J&hcZ Deputy Principal Chief The Cherokee Nation makes many efforts to cooperate with local communities throughout the year. We have cross-deputization agreements with law enforcement agencies; we work with counties on road projects, and give millions to public schools every year. In another effort to cooperate with local governments, the Cherokee Nation has set aside money from the sales of our automobile tags to be used for law enforcement purposes. The enclosed check is from the Cherokee Nation to be used by your agency to provide services to the residents of Oklahoma and the Cherokee Nation citizens in your area. Special thanks should go to Buel Anglen, your tribal council representative, who made sure you received this funding this year. It is my pleasure to present you with this assistance for your local law -nforcement. The Cherokee Nation looks forward to continuing a good relationship with the city of Owasso as we move forward. M Sincere)y, Chad Smith Principal Chief 9 ��1Efidt�,A CHEROKEE NATION AccouNTs x`- PAYABLE P.O. BOX 948 ` TAHLEQUAH, OKLAHOMA 74465 s ems; (4251) (918)456-0671 C PAY Five Thousand and 00/100 Dollars TO THE CITY of OWASSO ORDER PO BOX 180 OF OWASSO OK 74055 BANK OF AMERICA, N.A. 39-1/1030 DATE 08/26/2005 (I"000 -37 F3Iin D® 0 30000 00'. 0 30 b00 P 7 71(. P8II" CHEROKEE NATION TAHLEQUAH, OKLAHOMA AMOUNT kk'k-5,000.00 37969 Check mate: 08/26/05 CITY OF OWASSO PO BOX 180 OWASSO OK 74055 4251 Description Invoiee Amount LEF-POLICE DEPT 805 08/18/05 LEF-POLICE DEPT 805 $5,000.00 TOTAL: $5,000.00 Kyl�l:w�77►i11fri TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF (,. `lO FROM: e CHIEF OF POLICE SIJDJECTo REQUEST FOR SUPPLEMENTAL APPROPRIATIONS AND ADI ENDMENT TO GENERAL REVENUES DATE- August 25, 2005 BACKGROUND In February 2005 the Owasso Police Department applied for grant funding through the Bulletproof Nest Partnership Program to assist the department in the purchasing of protective vests during the FY 2005-2006. The vest grant program allows agencies to apply for up to 50 percent of the cost of any vest approved by the National Institute of Justice (NIJ). In addition, the program allows agencies to receive reimbursement on vests purchased within two (2) years previous to the date of application of the grant. With this in mind, the department submitted its application with a total request of approximately $5,760.00, of which, approximately $2,880.00 is requested for reimbursement. In August 2005 the Department of Justice sent notification via email stating the City of Owasso was successful in their submittal and would be receiving $2,880.00 in grant funding. REQUEST: The request is for City Council approval of a supplemental appropriation in the amount of $2,880.00 to Uniforms and Protective Clothing line item within the Police Services budget for the purpose of funding protective vests purchased during FY 2005-2006. FUNDING: Funding for this request is derived from a grant in the amount of $2,880.00 from the Department of Justice, Bulletproof Vest Partnership Program RECOMMENDATION The staff recommends acceptance of this grant and City Council approval of a supplemental appropriation to the General Fund increasing estimated revenues and increasing expenditures in the Police Services Department by $2,880.00 ATTACHMENT 1. Official notification from the Department of Justice JYancey,Dan From: vests@ojp.gov Sent: Wednesday, August 24, 2005 4:33 PM To: Yancey, Dan Cc: Rodney Ray; Bishop, Sherry Subject: FY 2005 BVP Award Announcement Congratulations! The Office of Justice Programs' Bureau of Justice Assistance (BJA) has completed processing your application for FY 2005 BVP funds. The complete list of FY 2005 awards can be viewed at: http://vests.ojp.qov. in upcoming weeks you will receive instructions for submitting direct, online payment requests for BVP funds. Until then, please review carefully the latest information below regarding body armor testing, as well as a special solicitation to help agencies with their vest replacement needs. Should your FY 2005 BVP application include requests for vests containing ZylonO, BJA will assist you in determining which type of armor vest will best suit your jurisdiction's needs, to ensure that each armor vest obtained through the program meets the NIJ requirements. NOTICE TO BVP GRANTEES Since 1999, over 11,500 jurisdictions have participated in the office of Justice Programs' Bureau of Justice Assistance (BJA) Bulletproof Vest Partnership (BVP) Program. Through BVP, $118 million in federal funds have been committed to support the purchase of an estimated 450,000 vests for America's law enforcement community. In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to the failure of a bullet -resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an examination of ZylonO-based bullet - resistant vests (both new and used) and to review the existing program by which bullet - resistant vests are tested to determine if the program needs modification. Having completed its latest phase of ballistic and mechanical properties testing, NIT has determined that used ZylonO - containing vests may not provide the intended level of ballistic resistance. In response to this determination, NIJ has issued a body armor standard advisory notice concerning ZylonO , and has issued new interim requirements for its body armor compliance testing program that will become effective on September 26, 2005. Until the effective date of the interim requirements, jurisdictions that participate in the BVP program will be ineligible to receive payment for new orders placed for any body armor vest that contains ZylonO. Once the NIJ interim requirements become effective, a list of vest models that comply will be maintained at: http://www.justnet.org. Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the purchase of vests through the annual BVP Program application process. To better meet the vest replacement needs of America's law enforcement agencies this year, Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on September 22, 2005. The latest BVP Program Fact Sheet can be reviewed at: http://www.ojp.usdoj.gov/bvpbasi/docs/BVP—ProgramFactSheet-08-18-0S.doc. Thank you BVP Tech Support 1-877-758-3787 1 BVP Application for Funding Page I of I Section Application > Pre Application > Pre Application Information OMB #1121-0235 (Expires: 10/31/2006) Please enter the vest profile information for your jurisdiction. The Pre -Application Vest Profile will be used by the system to tailor the application process to best meet your needs, in keeping with new funding guidelines. This profile is very important, so please take the time to read and understand its terms and questions. Information you supply is subject to independent confirmation and verification by the U.S. Department of Justice. Pre -Application Vest Profile Jurisdiction®s Vest Replacement Cycle: Under normal conditions, this represents the number of years you allow an officer to S Years wear body armor before it is replaced. Choices include 5 (or more) years, 4 years, and 3 (or less) years. Un$pe":L_ VP -Funds Remaining - Unspent funds refers to the total amount of your prior BVP awards that still remain in $2,690.00 your account; these funds are immediately available to support qualifying vest purchases. Unspent BVP Funds .0bligAtq(t for Vest Purchases: Obligated generally refers to those unspent BVP funds you have earmarked for immediate vest purchases, committed to support approved purchase orders, incoming $ 0 invoices, or anticipated to be spent on vest purchases within the next 90 days. Emerg.oncy Repta.c.-e-ment Needs: _____._ .... . ....... Emergency replacement needs cover vests that are potentially defective Zylon@ vests. It DOES NOT include tactical vests or routine agency needs for new or replacement vests unless those vests contain Zylon@ and must be replaced immediately. ® Note: You must enter a quantity for your emergency Zylon@ replacement 0 needs Save and Continue, https:llvests.ojp,govlvestslrolesljurisdictionlvest--planning.jsp?levell=Application&level2... 8/25/2005 TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO DEPUTY 1 1 OF POLICE s_ REFERENCE: REQUEST FOR SUPPLEMENTAL APPROPRIATION POLICE SERVICES BUDGET DATE September 6, 2005 On February 28, 2005 the Owasso Police Department applied for grant funding through the 2006 Highway Safety Grant. This grant was made available by the Oklahoma Highway Safety Office. The purpose of the grant was to provide Oklahoma law enforcement agencies with resources to reduce the number of injury/fatality accidents in the State. On June 10, 2005 the Oklahoma Highway Safety Office sent notification via mail that the department was awarded $40,000.00 with $25,000.00 being dedicated to overtime expenditures for traffic enforcement and $15,000.00 dedicated towards the purchase of traffic enforcement equipment. Equipment to be purchased includes nine radar systems and seven boxes of electronic road flares. "There is no match requirement for this grant, however; as paid of the grant application the Owasso Police Department will be responsible for fuel and maintenance of police patrol vehicles for overtime traffic patrols. In addition, the department will provide human resources to manage the grant. The grant is funded on a cost reimbursement concept. The Police Department will expend monies through its existing budget and subsequently claim reimbursement from the Oklahoma Highway Safety Office on a monthly basis. In order to receive grant funding the City of Owasso must enter into a contract with the Oklahoma Highway Safety Office for management of the grant. REQUEST- The staff request is for City Council acceptance of this grant including authorization for the City Manager to execute the contract with the Oklahoma Highway Safety Office for management of the grant. Additionally, approval of a supplemental appropriation for FY 2006 in the amount of $40,000.00 with $15,000.00 being dedicated to the Machinery/Equipment budget line item and $25,000.00 being dedicated to the Overtime budget line item within the Police Services budget. FUNDING: Funding for this request is derived from a grant in the amount of $40,000.00 from the Oklahoma Highway Safety Office. RECOMMENDATION Staff recommends Council accept the grant and authorize the City Manager to execute the contract with the Oklahoma Highway Safety Office. Additionally, staff recommends City Council approval of a supplemental appropriation to the General Fund budget wherein estimated revenues and Police Services Department expenditures are increased by $40,000.00. ATTACHMENTS: 1. Original Grant Application 2. Official Notification from the Oklahoma Highway Safety Office 3. Contract as prepared by the Oklahoma Highway Safety Office The City of Owasso is reputed as one of the fastest growing cities in Oklahoma. This report will show that continual increases in population, residential construction, retail/entertainment development and commuter traffic has depleted resources available to the Owasso police Department to provide sustained proactive public safety initiatives on our roadways, highways and by -ways. The Owasso police Department will request additional funds for overtime compensation and highway traffic safety enforcement equipment to create an enhanced traffic highway safety initiative to help reduce the growing number of motor vehicle collisions in the City of Owasso. Pgpulation Growth Owasso shares a border with, and is generally located 5 minutes north of urban development for, Oklahoma's second largest city, Tulsa. Owasso is a multi -County municipality, which incorporates land in Tulsa and Rogers Counties. There was an 86% increase in population from the year 1994 through the year 2004, The estimated population of Owasso for 2004 was 23,689. This population resides within approximately eleven square miles of city limits. A Note: The research conducted under "Problem Identification" was extensive and requi — five pages o, documentation to fully expo: the combineddata ifferedo_, According to the City of Owasso's Department of Community Development, the population of Owasso is expected to increase 1,380 persons per year from the year 2005 through the year 2009. Yearly growth estimates are reflective of the growth patterns seen in Owasso since 1997. Estimated population increases for each year since 1997 have been in excess of 1,000 residents, with one year reaching nearly 1,900. 100 3000 00 00 2700 600 00 400 Retail Growth Owasso will see substantial growth in its business community over the next five years. As of this report, Smith Farm Market Place is under construction and will be comprised of fifteen new retail businesses and ten new restaurants equaling over 500,000 square feet (so of new business. There is also construction or planned construction of a multitude of other businesses and restaurants throughout the city. Waterford @ Owasso is in the final stages of construction and will offer 12,800 sf of restaurant space, 19,000 sf of retail space, and 20,497 sf of office space. Tyann Development has broken ground on a retail/restaurant facility that is estimated to be about 50,000 s£ The Garrett Creek Regional Shopping Center is also in the planning/construction phases and will encompass over 250,000 sf of retail/restaurant business. In addition to business development, two new public elementary schools, two new hospitals and two new higher education facilities are planned, or in the construction phases, within Owasso. In the year 2005 Tulsa Technology Center is planning to construct a new campus that will support over 500 students and 60 faculty/staff. Representatives from Tulsa Community College have also indicated plans for a possible campus in Owasso. Hospitals will include the Owasso Medical Campus, which has already broken ground, and the Bailey Medical Center, scheduled to begin construction in early 2006. Growth in retail/restaurant business, schools and hospitals will likely create several new challenges for the Owasso Police Department. Increased vehicular traffic will likely result in additional motor -vehicle collisions and traffic congestion. There is great potential for additional crimes related to alcohol consumption, as many of the new restaurants will be serving various alcoholic beverages. N The vast majority of business and retail growth is located along a narrow corridor of US 169, from E 76th St N to E 1161h St N, and SFI 20 near US 169. This growth is concentrated along these corridors and is expected to create severe traffic congestion, as experienced in Tulsa's major retail areas. It is the goal of the Owasso Police Department to properly manage this area in regards to traffic safety. Problems Associated with Non-residents Growth in retail/restaurant business within Owasso has created a unique situation in which non-residents create great demands on police resources. Several large Owasso retailers, including but not limited to Super Wal® Matt, Lowe's and Home Depot, have reported that in 2004 between 50% and 70% of their respective customer base was derived from outside the corporate limits of Owasso. In turn, Owasso Police Department research has shown that in 2004 49% of all Traffic Citations were derived from non-residents of Owasso. The number of citations issued to nonresidents strongly supports the argument that retail traffic has a significant impact on the City of Owasso. In addition, 53% of all DUls and 56% of all traffic collisions that occur in Owasso involve nonresidents. compgLL son to other �°ities Each year the Federal Bureau of Investigation collects crime data on over 17,000 police agencies nationally. This report is referred to as the Uniform Crime Report (UCR). As part of this data collection, annual reports are created regarding the ratio of officers per 1000 citizens in reporting cities. The 2003 UCR report on police/citizen ratios shows the National average at 2.3 officers per 1000 citizens. The UCR report also reflects regional averages. Oklahoma is considered to be in the Southern Region and is further classified as being in the West -South Central Division. This Division is comprised of four states: Arkansas, Louisiana, Oklahoma, and Texas. Owasso is currently classified as a Group V City with a population between 10,000 and 24,999. The officer to citizen ratio in this region for this classification is 2.1 per one thousand. Once the City reaches 25,000 or more residents, the city's classification will change to a Group IV City with a population of 25,000 to 49,999. The officer to citizen ratio for this classification is 1.8 officers per one thousand citizens. Owasso currently has an officer to 1000 citizen ratio of 1.5. There are 17 cities within the Tulsa Metropolitan Area that have police departments. Each of these cities/police departments provided population data and the number of officers for this report. Populations ranged from 850 to 456,000. The ratio of officers per 1000 citizens ranged from 1.3 to 3.5. The average for all these cities was 2.1 officers per 1000 citizens. This indicates that the Tulsa Metro area is consistent with the regional average. Again, the officer to citizen ratio for the City of Owasso is 1.5. Owasso Roadway Trafi c A Traffic Count Survey, provided by the Owasso Economic Development Authority, shows an average of approximately 106,000 vehicles traveling on Owasso's major Highways daily. Further, approximately 170,000 vehicles pass on the cities major thoroughfare roadways near Owasso's shopping and entertainment districts, daily. These Traffic Counts show the enormous amount of vehicular traffic traveling Owasso's roadways. With large amounts of Retail Space under construction, these counts will likely increase, in turn, causing increases in Motor Vehicle Collisions. I MOTOR -VEHICLE COLLISONS According to the Oklahoma State Highway Office, the number of collisions has decreased across the state and Oklahoma highway safety has 'significantly improved'. However, the Owasso Police Department has experienced major increases in the numbers of motor -vehicle collisions reported. The increase in collisions comparing 1994 to 2004 was 230%. There was a 68% increase in collisions when comparing the year 2000 to the year 2004 and a 70% increase when comparing the year 2003 to 2004. Data for the graph below was provided by the Oklahoma Department of Public Safety. Colllsaons 500 4.50 400 350 30C 25( 20( 15( I& Observations regarding current traffic trends can be made by determining the locations of reported Motor Vehicle Collisions. Research data has revealed a +58% increase of collisions on Highways within Owasso where posted speed limits range from 55 M.P.H. to 70 M.P.H., a +7% increase of collisions on major thoroughfares where speeds range fi-om 35 M.P.H. to 55 M.P.H. FatalitiesAnjuries Data was collected from the Oklahoma Department of Transportation (ODOT) on injuries/fatalities that occurred within Owasso from the year 2000 through the year 2003. Data for the year 2004 was collected from the Owasso Police Department's Records Division. It is important to note that data fi-om The Oklahoma Department of Public Safety offered earlier in this report on the number of traffic accidents reported does not coincide with data collected fi-om ODOT regarding accidents and fatalities. For the purpose of detailing injuries and fatalities, data fi-om ODOT will be used. Table I is offered to show several statistical measurements for injury/fatality accidents that have occurred in Owasso fi-orn the year 2000 through the year 2004. The first column of Table I reveals that the number of accidents have been steadily increasing with the exception of the year 2003. The data supports the previous graph offered on this issue. 4 The second column of Table I reveals the number of injury accidents during the referenced years as well as gives the percentage of injury accidents compared to the total. No clear pattern could be established as to the increase or decrease in the total number of injury accidents; however, there was a clear pattern revealing that the percentage of injuries in relation to the total number of accidents has declined each year. Although research was not conducted as to why these decreases have occurred, it is believed that traffic construction and congestion has slowed traffic in major retail areas resulting in less serious accidents occurring. Enhanced seat belt usage and improved vehicle designs are also likely contributors. The remainder of Table I offers considerable information related to injuries and fatalities. No clear patterns of increases or decreases could be established with this data that could be used to guide traffic safety initiatives. The most significant data collected regarding traffic accidents in general is that of the steady increase in the number of accidents. Traffic safety initiatives offered later will address these increases with the belief that reducing the total number of accidents will have a positive impact in reducing injuries, fatalities, and property damage. 'fable I® In°ur /Fatali Accidents 2000-2004 Yeax• Toka� �o Qf �� of Izi�zzry ;' izz,�zzry �eczdezats No of `fatal Xzz;jurzes �afa! l+ataizfzes Acczzlez►fs cczdezzts! �!o IncreaselT#ecrease Persons IncreaselDecre ise A ezdents Izzcrease%DecreaSe. `.zn zzred N 2000 259 99 38 /o N/A 135 N/A 1 N/A 2001 288 95 33% m4% 167 +24% 0 v100% 2002 341 103 30% +8% �149 -11% 1 +100% 2003 315 84 27% -18% 117 -21% 2 +100% 2004 449 101 22% +200/. 144 +23% 1 -100% C'zta�en Re o�°ted Incidents Because of rising violence across the nation related to "road rage" incidents, the Owasso Police Department began tracking categories such as citizen reported Feckless Driving; citizen reported Drunk Driving and acts of obvious "road rage." According to the Owasso Police Departmental Records Division, a total of 631 "road rage", reckless driving, and DUI incidents were reported to have occurred in Owasso in 2004, as opposed to 558 reported in 2003, for a +13% increase in one year. Pre ssues In the year 2000, the Owasso Police Department made an effort to head off rising traffic safety issues with the purchase of two unmarked traffic enforcement vehicles. As increased calls for police services placed increased burdens on the Patrol Division, the duties of these units continually moved towards regular patrol activities. In late 2001, with the City experiencing record growth, these units were labeled with Police Markings and moved back into the Patrol Division. No traffic units have been deployed since 2001. In the Year 2004 the department purchased a "speed trailer" for placement in neighborhoods reporting high volumes of traffic related problems. This trailer records speeds of oncoming traffic. Research has revealed that the trailer does have a temporary effect on slowing traffic in areas where it is deployed. In the Year 2004 the department completed a manpower study which detailed all the current and anticipated issues facing the department's sworn personnel. Recommendations were made in this report for substantial increases in sworn personnel through the year 2010. In addition, the department's command staff detailed plans for proactive traffic initiatives. These initiatives will focus on directed patrol activities which target increasingly aggressive driving habits within the City. I Summary o Research Owasso is one of the fastest growing cities in Oklahoma by population, new home construction and retail business development. The current population of the City of Owasso is estimated at 23,689 after rising approximately +5% per year for the past 10 years. It is estimated that Owasso will grow +5% per year for the next 10 years, reaching over 4.0,000. Owasso retail and business development is expected to continue at approximately 500,000 to 1,000,000 square feet of development per year. Owasso is ranked near the bottom of all rational, Regional, State and Metropolitan surveys concerning Officer to Citizen Ratios. Traffic Counts show hundreds of thousands of vehicles driving through Owasso's Detail and Entertainment Districts, as well as Owasso's Highways every day. > Reported Motor Vehicle Collisions have increased in Owasso by + 70% from 2003 to 2004. "These Collisions have increased by +58% on Owasso highways, 7% on major thoroughfares and 5% on other city streets. Citizen generated calls including reported feckless/Careless Driving, DUFDWI, and "Road Rage", accounted for 558 Service Calls in 2003 and 631 Service Calls in 2004, an increase of +13%. > Development of infrastructure to manage the rapidly expanding population and retail market have depleted financial resources within the city. Adequate funds are not available to support staffing needs, including overtime expenditures. Problems associated with persons who do not reside in Owasso: 56% of drivers involved in traffic collisions and 49% of persons issued traffic citations in the year 2004 were not residents. From April 9, 2002 to April 9, 2005 there will be an estimated call increase from 9,918 per year to 14,597 per year. Arrests have increased 79% when comparing the years 1998 to 2004. There was a 147% increase in arrests when comparing the years 2000 to 2004. There was a 33% increase in arrests when comparing the years 2003 to 2004. There was a 111 % increase in the number of Part I criminal offenses when comparing the years 1994 to 2004. There was a 51% increase when comparing the years 2000 to 2004 and an 18% increase comparing the years 2003 to 2004. There was a 15% increase in the Part I Crime Index when comparing the years 2003 to 2004. The Part I Crime Index for 2004 was 31 crimes per 1000 population. > A 35% increase in written reports when comparing the years 2002 to 2004. There was a 13% increase in reports from the year 2003 to 2004. Demands on the Owasso Police Department increased 70% from the year 1999 through the year 2004; however, personnel only increased 21 %. I The Goal of the Owasso Traffic Safety Initiative, in regards to the State's benchmark objectives, is to reduce the number of motor vehicle collisions by 5% per 1000 population in the year 2006. Reductions will be based on data collected on collisions during the year 2005. Reduction is to be achieved by managing aggressive driving habits through traffic enforcement. Although it would be difficult to expect to reduce the overall number of Motor Vehicle Collisions in a city experiencing such rapid growth, it is our commitment to affect reductions in comparison to the city's population. The Owasso Traffic Safety Initiative will be managed to support the stated goal of reducing the number of motor vehicle collisions per 1000 population by 5% when comparing the years 2005 to 2006. This initiative will be achieved by utilizing Owasso Police officers working shifts outside their normal work schedules. Any sworn officer or selected reserve police officer may be utilized for working "traffic shifts" with the exception of the Chief of Police, Deputy Chief of Police, Captain or Patrol Lieutenant. Personnel directly responsible for managing grant resources include the Deputy Chief of Police, Captain, and a Lieutenant. The Deputy Chief of Police will serve as the Project Director and will delegate grant management responsibilities to the Captain or Patrol Lieutenant. It is important to note that a new Patrol Captain position is currently under consideration but may not be approved by the time grant monies are awarded. In the event the Captain position is not approved the Patrol Lieutenant will serve as the Project Director's designee. The Captain/Lieutenant will be responsible for managing monthly statistics/reports and scheduling "traffic shifts". In addition, the Captain/Lieutenant will be responsible for any inventory of equipment purchased by grant funds. Any sworn fiill-time officer within the department from the rank of Sergeant and below is eligible to work the daily eight hour traffic shifts for overtime compensation. Approved part-time reserve officers may also be eligible to work "traffic shifts" in the event full-time personnel are not available. Eight hour "traffic shifts" will be conducted daily during peak traffic hours. These shifts will focus enforcement duties on traffic violations that are most likely to result in motor vehicle collisions. Officers will be given access to data on locations of problem areas for motor vehicle collisions. These officers shall be assigned duties only related to traffic enforcement unless life threatening circumstances require that they offer assistance to officers working regular patrol shifts. Officers working "traffic shifts" shall not have any report taking responsibilities unless the report is derived from a traffic related arrest. Officers are required to make at least two documented traffic contacts per hour while on assignment. Documentation will take place via written warnings or citations. Overall time committed to the traffic initiative by department personnel includes the following: Project Director -Deputy Chief of Police- 3 hours monthly Project Director Designee- Captain/Patrol Lieutenant- 16 hours monthly Sworn personnel assigned to "Traffic Shifts"- 8 hours daily I The equipment being requested for this project includes two low profile police cars manufactured by Ford Motor Company. These cars are to be equipped with emergency lighting/audible equipment packages. In addition, eight Stalker Il dual head radar units and six Gemini Plus in -car camera systems are being requested. These items will be used to enhance the enforcement capability of the Owasso Police Department in areas of traffic safety. The police vehicles being requested are meant to supplement traffic safety efforts in Owasso. We are requesting two `Police Package' Ford Crown Victoria model police vehicles (or similar vehicles), as the Owasso Police Department has rated these vehicles the best choice for traffic enforcement. The Owasso Police Fleet consists almost exclusively of roof mounted emergency lighting on its vehicle's. Two low profile emergency lighting/audible packages, consisting of a Go Rhino push bumper with Tri-3 red/blue LED lighting, Whelen headlight flashers, Whelen frontiback corner strobe light kit with power supply, Fleet Distributor side window red/blue LED lighting, Phantom front windshield red/blue light bar, Fleet Distributors back glass LED lighting directional bar, Linear red/blue side mirror LED lighting, Talon rediblue back deck LED lighting, Whelen Siren Box / controller switch box and audible speaker, Pro Copper center console a Fleet Distributors containment partition and installation cost. These low profile vehicles will be better suited to traffic enforcement than the traditional roof mounted police vehicles. These vehicles, once equipped will be utilized for the 2006 Owasso Traffic Safety Initiative. Other equipment being requested is eight Stalker II dual head radar units. It is our intention to equip the two vehicles purchased, as well as outfit six already existing vehicles with these units to supplement the Owasso Traffic Safety Initiative. The Stalker II dual head radar unit has been tested by Owasso Police Department traffic safety leaders and has been met with great success. The dual head and direction sensing capability of the Stalker II provides the flexibility to accurately radar vehicles either moving towards or away, either the front or rear of the police vehicle. As excessive speed and aggressive driving has been documented as Owasso's greatest traffic safety concerns, these radar units will be instrumental in dealing with these situations. Six Gemini Plus in -car video recording systems have also been requested. These in -car video systems will be applied to the Owasso Traffic Safety Initiative by recording vehicle stops for the purpose of increasing convictions through court, by officers being able to supply video evidence of infractions under review. Our intention is to outfit the two requested vehicles as well as four other already existing police units for the initiative. Although the Gemini Plus recording system is not the top of the line system, the Owasso Police Department Command Staff feels that these units should be more than capable for the task. r Evaluation of the Owasso Traffic Safety Initiative will take place through monthly reports. These reports will detail the total number of hours worked for the month as well as the number and types of citations or warnings issued for the month. In addition, data will be collected on the number of accidents for each month. Data on accidents will be analyzed to determine if the stated goal is being achieved or if an impact is being made. In the event that monthly data reveals that enforcement efforts are not producing reductions in motor vehicle collisions then officers will be assigned directed patrol functions that target specific intersections or roadways. Monthly reports will be combined into an annual report that will establish the total number of hours dedicated to the "traffic shifts", number/types of citations/warnings issued, and comparison data to the year 2005 to determine if the stated goal was achieved. E The Owasso Police Department completed a comprehensive five-year manpower study in the year 2004. This study detailed the significant impact that the City's growth has had on the department in relation to manpower. Recommendations were made for hiring an additional 28 police officers over a five-year period ending in the year 2010. Part of the rational for said recommendations was that of becoming more proactive in the area of traffic enforcement. Manpower requested for the Fiscal Year 2005-2006 should bring the department to staffing levels that will allow for adequate response to calls for service. It is believed that the manpower requested for the Fiscal Year 2006-2007 will bring the department's sworn personnel to levels that will allow for much greater emphasis on proactive efforts to curtail rising traffic related issues including motor vehicle collisions. Grant funds would be exhausted at the approximate time that manpower within the department allows for City funded traffic initiatives. The only hindrance to continuing the Owasso Traffic Safety Initiative is if the City of Owasso is unable to fund the proposed manpower request. In the event manpower cannot be funded the department will continue to seek new ideas on how to manage traffic issues with limited resources, L 17. BUDGET SUMMARY Cost Category Items SOURCE OF FUNDS HIGHWAY SAFETY APPLICANT CONTRIBUTION TOTAL FEDERAL FUNDS I. PERSONNEL COSTS A. Salaries $76,643.84 $5,412.00 $82,055.84 B. Benefits $6,668.48 $468.84 $7,13 7.32 II. TRAVEL A. In -state N/A N/A N/A Travel B. Out-of-state Travel N/A N/A N/A III. OPERATING COSTS N/A $2,329.60 $2,329.60 IV. CONTRACTUAL SERVICES N/A N/A N/A V. EQUIPMENT $95,350.00 $8,400.00 $103,750.00 TOTAL $178,662.32 $16,610.44 $195,272.76 IN E_ OR-e Ue tp Ul me ut, t 77' a 1 Vender Ford Crown Victoria Police Package 2 State Bid $21,-0-0--0.0 $42,000.00 0 Emergency Equipment Lights, Siren, Radios, 2 Fleet Distributors $4,990.0-0 _$9_'980M Installation Packages Stalker DSR Radar Unit 2-head Direction Sensing 8 Stalker $2,800.00 __$2_2,400M Radar Gemini Plus Video In -Car Camera System 6 Decatur $3,495.00 $20,970.00 Camera Electronics Equipment Total $959350,00 2,912 $26.32 per (Figured at 8 hour hrs per day, 7 (Average days a week Overtime for 52 Weeks) Salary) $2.29 per hour $28.61 (FICA/Medicare/Unemployment /Workers Comp @ 8.70%) Program Director 3 Hours per month $25.96 hr pay $1,015.56 $2.25 benefit Program Director, Designee 16 Hours per month $23.32 hr pay $4,865.28 $2.02 hr benefit Mobile Radar Speed Trailer Utilized in concert with Program $7,200.00 $7,200.00 Vehicle Preventative Monthly maintenance two requested vehicles $100.00 per $1,200.00 Maintenance month Fuel Operating Costs — 2,912 hours at 10 miles per Local Vendors $2,329.60 hour — $1.87 gallon Total $16,610.44 7777777777777 Total i7aA, equ6 $95,350.00 $83,312.32 $16,610.44 $195,272.76 $178,662.32 11 OKLAHOMA HIGHWAY SAFETY OFFICE 3223 North Lincoln Oklahoma City, OK 73105-5403 (405)523-1570 (405) 523-1556 Fax June 10, 2005 Deputy Chief Scott Chambless Owasso Police Department I I I North Main Owasso, OIL 74055 Dear Deputy Chief Chambless: Congratulations. Your traffic safety project has been approved for inclusion in the FY06 Oklahoma Highway Safety flan. An. OHSO Program Manager will be contacting you shortly to discuss approved funding level, contract development, and any modifications to your application. If you have any further questions, please contact Faye Statton at 405/523-1575 or by email at kstattonadps state ok us We look forward to working with you in the next fiscal year to reduce traffic fatalities, crashes, and injuries on Oklahoma roadways. Sincerely, oe R. cDonald Director TITLE OF CONTRACT CONTRACT EFFECTIVE DATE CONTRACT" PERIOD FROM TO SEPTEMBER 30, 2006 PROJECT PERIOD FROM TO SEPTEMBER 30, 2006 AFFIDAVIT State of Oklahoma, County of OWASSO TRAFFIC ENFORCEMENT CONTRACT NUMBER PT-06-03-18-01 1, , of lawful age, being first duly sworn, on oath say, that I am the duly authorized agent of the City of Owasso of Tulsa Oklahoma, for executing this contract with the Oklahoma Highway Safety Office (OHSO). I further state and agree to comply, to the best of my knowledge, information and belief, with all municipal, state and federal laws, regulations and directives governing grants including, but not limited to, those listed in this contract. Referenced documents are on file at the OHSO. I further state that any and all claims for reimbursement under this contract will be true and correct, that the work, services, or materials as shown by any claim will have been completed or supplied in accordance with the plans, specifications, orders, requests and all other terms of the contract prior to the filing of claims. I further state that I am the duly authorized agent of the contractor for the purpose of certifying the facts pertaining to the giving of things of value to governmental personnel in order to procure the contract or obtain payment, I am fully aware of the facts and circumstances surrounding the making of the contract and have been personally and directly involved in the proceedings leading to the procurement of the contract; and neither the contractor nor anyone subject to the contractor's direction or control has been paid, given or donated or agreed to pay, give or donate (to any officer or employee of the State of Oklahoma) any money or other things of value, either directly or indirectly, in procuring the contract or obtaining payment. In reviewing this contract and the circumstances involved with its implementation, an opinion was derived by the undersigned that any negative environmental impact will be substantially outweighed by the projected benefits of this contract. Date Subscribed and Sworn to, before me, this My Commission expires Commission Number 20 Signature day of Title Notary Public 20 State of Oklahoma County of Oklahoma I. of lawful age, being first duly sworn on oath say, that I am the duly authorized representative of the Governor of the State of Oklahoma and am duly authorized to carry out the statutory provisions of 47 O.S. 1971, Section 40-107, and all other laws, regulations and directives, pertinent to highway safety in the State of Oklahoma to the best of my knowledge, information, and belief. Date Subscribed and Sworn to, before me, this My Commission expires Commission Number OHSO-P-2 (09/02) 20 Signature day of Director, Oklahoma Highway Safety Office Notary Public Ni Contract No. PT-06-03-18-01 Page 2 of 8 Pages Page Number Contractual Authorization ..... ...... . .................. 1 Table of Contents ...... 2 Contract Summary. . 3 Budget Summary ......... ........................ Budget Details ............................ ................... Activity/Milestones ............... ...... .................... ....... Glossary of Definitions ........... ............. ........ 1 Regulations and Directives ............................................ 2-3 Regulations/Directives Highlights ....................................... 4-8 Specific Contractual Agreements ........................................ 1 0001�� Project Director's Report Page 3 of 8 Pages TITLE OFCONTRACT: OVYASSOTRAFFIC ENFORCEMENT Contract Number: PT-06-03-18-011 Responsible Agency: Owasso Police Department Reimbursement information (where check is to be Pn�eu( DepChief Scott Chanlb|eSa [mai—l--': Phone 91A-370-1584 Payee: City of ' Address: 111 North Main Street (P.O.Box 18O) Address: 111 North Main Street _____ Ovvosso. 0K74O55 P.O. Box 180 Fax: 918-376-1589 Owasso, C}K74U55 E'K4ai|: Sch@[nb|eSS@Ci(yOf0vvBSS0.cOOO OH8UFunds Obligated: 40'000 Other Funds Obligated: $ Source of Other Funds: Total of OHSO and Other Funds: 40,000 CONTRACT SUMMARY NARRATIVE SECTION The following pages of this CONTRACT SUMMARY NARRATIVE SECTION will contain: The Problem Identification, Project Goal, pnojm± DeaohpUon. Equipment and Equipment Justification, Evaluation, and Coot Assumption. The contract objectives must botime-framed and measurable. The nunudvo also needs to include personnel PROJECT GOAL The gO@| of the (]Vv@s3O Traffic 3@f*tv Initiative is to reduce the number of KAB crashes within the dtv's jurisdiction by1O�6fnonn3Oin2O03k>32in20U6;and hJincrease the safety belt use rate iQ85�6in2O-O. (Current state rate is 83.1%\. The current K/\B rate per 10,000 VK4T is 2.90. PROBLEM IDENTIFICATION The City 0fOwasso iSreputed 8sone 0fthe fastest growing cities in Oklahoma. The cUveXpeh8DcedG population growth Df88q� from 1S84through 2004 (estimated 8t23.68S). Growth iO- t8iKrGG1aU[@nt business, schools and hospitals will likely result iOadditional traffic congestion and motor vehicle collisions. There i8great potential for additional crimes related h3alcohol consumption, BSwell. Between 1084and 2004,Owasso experienced 823O% increase inthe number Ofreported motor vehicle collisions. These growth events have placed additional strain on the OPID's resources. The average ratio of police officers to 1.000 citizens in the TU|S8 Metropolitan Area is 2.1. {)vv3SSO'S ratio is 1.5. According to the {]k|8hODl8 Highway Safety Office, Owasso ranks #3among cities for the number OfKJ\Bcrashes per 1O.OUUVehicle Miles Traveled (VMT) and #1iOthe number 0ffatal collisions per 1O.O00Vehicle Miles Traveled. Owasso ranks #5inspeed related crashes per 1O.00OVK4T.|norder toaddress the current motor vehicle collision situation and reduce the future frequency ofinjury 8ndt@ta|cn3Sh83.OVv8S3ViOteDdSk}u1i|iz8C)H8[>fUOds for equipment, overtime enforcement and public infornnationa! proO[8[nn. Contract No. PT-06-03-18-01 e 4 of 8 Pages The Owasso Traffic Safety Initiative will be managed to support the stated goal of reducing the number of KAB crashes within the city's jurisdiction by 10% from 36 in 2003 to 32 in 2006; and to increase the safety belt use rate to 85% in 2006. This will be achieved by Owasso police officers working shifts outside their normal work schedules on an overtime basis. Shifts will be scheduled to coincide with peak traffic hours; focusing on safety belt use and traffic violations that are most likely to result in motor vehicle collisions. Le, speeding, stop sign/light running, aggressive driving and DUl/DW1 violations. Officer's will concentrate their activities on locations identified as high risk intersections and high risk traffic corridors. In order to effectively address speed related violations at these high risk locations, Owasso Police Department will use OHSO funded radar. The type radar requested is designed to meet our specific traffic enforcement needs. In addition, officers will periodically conduct seat belt/ vehicle safety checks, in order to stress occupant protection issues. EQUIPMENT 9 dual head radar units @ $1383 Total cost: $ 12, 447 7 sets rechargeable road flares @ 400 Total cost $ 2,800 Total Equipment cost: $15,247(capped at OHSO funded limit of $15,000) The project director will furnish monthly reports detailing the number of overtime hours worked and the number of written traffic contacts issued, including the number of speeding contacts, occupant protections contacts and DUI arrests. The report will include the number and description of PI&E events conducted. At the end of the contract period, the Project Director will submit a report detailing the results of the project goal to decrease the number of KAB crashes and will conduct a seat belt survey to determine if the goal of increasing seat belt use has been met. The Owasso Police Department will continue to seek financial commitment from the city to continue the traffic safety Droject provided in this grant once federal funding ceases. This can be accomplished by budgeting commitments for 3quipment and overtime costs, as well as through the solicitation of support and funding from the police and city administration and the city council. Grantee is confident the income generated through fines and bonds generated by :his project, in addition to the effectiveness of the grant project by furthering our crash reduction efforts, will be Sufficient evidence to solicit financial support for future self -funding of this program. BUDGET SUMMARY Part I / Page 5 Of 8 Pages CONTRACT TITLE: Owasso Traffic Enforcement Federal Fiscal Year: FY 06 PROGRAM AREA Project Number: PT-06-03-18-01 COST CATEGORY ITEMS I St Quarter 2nd Quarter 3rd Quarter 4th Quarter Annua� Total 0 C TNOV D DEC J �AN FED � MAR APR MAY JUN JUL AUG 7SEP YTD LPERSONNEL P 2,163 2,163 2,163 2,163 2,163 2,163 3,370 2,163 2,163 ----------------------- 2,163 2,163 25,000 A. Salaries A B. Benefits P A ILTRAVEL P 0 A. In -State Travel A P 0 B. Out -of -State Travel A Ill. OPERATING COSTS P 0 A IV. CONTRACTUAL COSTS P 0 A V. EQUIPMENT P 15,000 15,000 A MONTHLY TOTAL P 0 17,163 2,163 2,163 2,163 2,163 2,163 3,370 2,163 2,163 2,163 2,163 40,000 P=Planned Budapt A = Actual Expenditures (To be completed by Project Director each month.) OHSO-P-2c (09/02) Corriment: Do not use commas when , entering numbers. The cells are formatted to do that for you. Each cell will allow entry of six numbers. BUDGET DETAILS Page 6 of 8 Pages CONTRACT TITLE: Owasso Traffic Enforcement Federal Fiscal Year: FY 06 Project Number: PT-06-03-18-01 PROGRAM AREA COST CATEGORY ITEMS DESCRIPTION OF EXPENDITURE ITEMS MONTH TOTALS ---- PC3 -1 ---- NOV -------- DEC - ---- ----JAPE--- ---------FEB MAR SEW -ANNUAL - APR MAY JUN JUL AUG SEP ANNUAL 1. A. Salary for overtime traffic enforcement & PI&E. Includes 1.45% benefit. (rate not to exceed 1 1/2 times the regular rate). P A 2,163 2,163 2,163 2,163 2,163 10,815 P 2,163 3,370 2,163 2,163 2,163 2,163 25,000 A V. Equipment 9 radar units @ $1383 ea (total $12,447) 7 sets rechargeable road flares @ $400 ea (total $2,800) Actual cost $15,247. Reimbursement capped at $15,000 P 15,000 15,000 A P 15,000 A P 0 A P 0 A P 0 A P 0 A P = pl-ti L P 0 A P 01 A J i UHSO-P-2d (09/02) A = Actual Expenditures (To be completed by Project Director each month.) Comment, You can enter 6numbers, in each coil. Do not enter. commas. The cells are ,ormatted to do that for you. Page 7 of 8 Pages ACTIVITY / MILESTONES Page 8 of 8 Pages CONTRACT TITLE: OWASSO TRAFFIC ENFORCEMENT Federal Fiscal Year: FY 06 PROGRAM AREA Project Number: PT-06-03-18-01 POLICE TRAFFIC SERVICES No. - ACTIVITIES MILESTONES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YTD 6. Participate in national, regional, and state traffic safety initiatives as requested by the OHSO 1 - P A 7. Project Director or designee to attend the annual Project Director's Class conducted by OHSO. P X A 8. Submit a copy of Single Audit Report or Letter of Exemption (See General Contractual Provisions, Page 7, No.22) P X A 9. Provide certification of officers trained in SFST and certification/ training in use of OHSO funded equipment. P X A 10. -Projected Submit project evaluation summary to OHSO by November 1, 2006/ A PT-= A = Actual Activities Activities Accomplished (To be completed by Project Director each month.) OHSO-P-2e (12/02) TO. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: AOLE COMMUNITY SIJBJEC`I CENA (COMMUNITY EXPANSION OF NUTRITION) GRANT DATE: September 7, 2005 BACKGROUND - The CENA grant is made available to senior citizen groups annually in efforts to improve programs at which senior citizens are able to receive educational assistance and nutrition. While the funds from this grant, if awarded, do not come through the City of Owasso, the grants are applied for and administered by staff on behalf of the Owasso Senior Citizen organization. Historically, the Owasso Senior Citizen organization has been quite successful in receiving grant awards. In the past several years, the following items have been purchased, replaced, or unproved at the Owasso Community Center as a result of CENA funding: • All appliances ® Tables ® Windows ® Popcorn Machine ® Paving of the East parking lot Staff has reviewed the application process this year and based on that review would like to apply for the following items to receive CENA funding: ® Adjustable Computer Training Table ® 2 Computer Chairs ® Cannon Copier 2300 The computer training table and chairs will furnish the computer room that staff utilizes to provide computer lessons to the community and senior citizens. The Cannon copier will be utilized to copy the newsletters that are produced by staff and mailed once per month to a list of about 300 people. RECOMMENDATION: Because these funds, if awarded, are not funneled to or through the City, no future action. will be needed by the City Council. This item is an information item only. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF O IASSO FROM. ERIC WILES COMMUNITY DEVELOPMENT DIRE,CTO SUBJECT: CT: AMENDED EASEMENT CLOSURE (Ator Center) DATE. September 7, 2005 BACKGROUND On July 19, 2005 the City Council approved a request to close an easement located on property within the Ater Center, at the northwest corner of the intersection of East 86th Street North and North Garnett Road. A map showing the location of the easement is included with this memorandum. An ALTA/ACSM and topographic survey was prepared for the property in August. The survey reveals that the legal description used for the easement closure of July 19 only covers one of the easements on the property that need to be closed. previously, it was believed that all utilities using the property (ONG and PSO) had used that easement; in fact, those utilities had used separate easements that had different legal descriptions than the one that was closed. In order to accommodate the development of the Ator Center property, it is necessary that the easement closure be redone so that the additional easements can be accounted for. Representatives from ONG and PSO have been contacted about the request. They report that there are no lines within the easements that need to be closed. Letters from ONG and PSO that support the closure of the easements will be received before the staff submits a new easement closure ordinance to the City Council. COMMENDATION: The staff intends to recommend approval of the closure of the easements without condition. ATTACHMENTS 1. General area map showing location of easement that was closed July 19, 2005 2. Ator Center Survey showing additional easements (enclosure) 3. Memo to Council dated July 13, 2005 li'l "'-' I, "i JV 89004'11"E- 61.87' Co Co Co A A-� 0 . / / x� \ / / 5,87 Acres N 88046'09"E N 89004'11" E 315. 00' I I / / / / / ., EXISTING 15'A T ITO BE VA�& J® 2 Acres/ ' i� 1 2.74 Acres -- -A ___j --- Cl) 4- C� 0 M. Ru z z -j I -i KITI [�' � � TO: THE HONORABLE MAYOR AND COUNCIL CYrYOFOWASSO FROM: CHIP MCCULLEY CrrYPLANNER SIUBHCT: SASELOSURE (Ator Center) DATE: July 13,2005 ,BACKGROUND: The City of Owasso has received a request to review and approve a 15 foot easement closure located in Lots 2 and 3 of Block 9 as shown on the filed plat of Ator Heights Third Addition. SURR,OUNDINGLAND The subject property is undeveloped. Surrounding property is zoned CS (Shopping Center District). XAK1. The easement in question is a 15' utility easement that dissects the subject property. EASEMENT CLOSM, REV-IEWPROCEaS-- 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 Comn-fission. 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. 'V. TEC -ALADVIS0KY,C0MMffTEJU. 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 reconnnended approval ofthe Easement Closure without condition. PLANNVjGQ0 The Planning Commission considered the request at a public hearing conducted on July 11, 2005. At that meeting, the Planning Commission recommended approval of the easement closure. RE!C0ADffNDAM0_N.* . . . . . . . . . . . . . . . . AT" TA IENTS: 1. General Area Map 2. Easement Detail 3. At©r Center Final Plat -R-TIT-Wrlyr TO: TIRE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA-05-06) ® September 7, 2005 &ACKGROUND The City of Owasso has received a request for the annexation of approximately 20 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 both commercial and residential property. LO!CADQN The property is located on the northeast corner of E. 121 St N. and Garnett Road. A general area map has been attached for your review, KIRR t 1-4. Undeveloped North: Agriculture G-ast: Agriculture / Large Lot Residential West: Residential "I 41M 019 1 � 11- UA. -a M 1 Fff�ffffmm- 01M 1, � 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 *wners and land developers sometimes choose to have their property annexed into Owasso in *rder to receive Owasso municipal services, such as police and fire protection, refuse collection, nd 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 easements are brought to light at the preliminary plat stage and must be remedied prior to development, 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 limim The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and rnap 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. CONSIUDERATION F AN ANNEXA The following annexation policy for the City of Owasso is provided as a guideline and should not be constructed as inflexible requirements for annexation. I . 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. 5, Where a City limit boundary ends at a dedicated street, the boundary will not include t street right-of-way. This policy will establish consistency and allow City employees a citizens to know where the City boundaries are. 6. I rt operties thaare rejected for annexan otion should not be considered for annexatiofor six month period after rejectin by the City Co,ncil. P ANALYSIS Staff received a petition from Mr. and Mis. Thompson, requesting the City to annex approximately 20 acres of property, 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 both commercial and residential property, The Owasso 2015 Land Use Master Plan calls for residential development on the subject property. Therefore, this request is accompanied with a request to amend the 2015 Land Use Master Plan to allow for Commercial use of the Western 4.87 acres. In regards to the Owasso Annexation Policy the request is larger than 20 acres and contiguous te existing City limits. No public infrastructure or development currently exists on the property; all public improvements will be made by the developer. If annexed, the subject property WHI acquire an AG (Agricultural District) zoning designation. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300 radius. 0WALS0,AN&EXAT1QN CommiTTEF, At their August 31, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05-06. ATTACHMENTS: 1. General Area Map 2. Applicants Annexation Petition 3. Legal Notice ---- -- ---- RED 0�11 7 R, I �fMl WIXI`1�111 .. . ....... --- ------- - ------ ----------- --- . . .... ..... F, Sk M". L -- --------- -- A Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Ben & Stephanie Thompson 13821 E. 100`h Street North Owasso Old 74055 (918) 272-2383 Fes° (918) 272- 4632 email: steviejane@a sbcglobal. net Eric Wiles City Mall 111 N. Main Owasso OK 70455 Dear Mr. Miles, We are writing to request that the City of Owasso annex our property into the city limits. The property is located at 121 st Street North & Garnett Road. Please find the legal description below. The South Ilalf of the Southwest Quarter of the Northwest Quarter (S/2 SIB/4 SW14) LESS a strip Sixteen and one-half (16 %) feet wide on the southfor road, in Section Five (5), Township Twenty -on (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US. Government Survey therof Please let us know if we need to do anything else. Thank you for your assistance in this matter. Sincerely, ` ,_ f • I mll Y I'S flkUXTIUA-110 NOTICE TO THE PUBLI F A ZOMRinG Oil A ="` THE CITY OF OWASSO, OKLAHOMA APPLICATION.- OA-05-06 Notice is hereby given that a public hewing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. September 12,2005. At the hearing, consideration will be given to the proposed zoning classification of the following described property: on the northeast comer of E. 121 St N. and Garnett Road. The applicant is also requesting that the 2015 Land Use Master Plan be revised to allow the western 4.87 acres along Garnett for commercial zoning and the remaining eastern 14.63 acres to allow for residential zoning of the property. 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 annexation is approved, in whole or in part, by the Owasso Planning Commission, the Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed annexation contact the Owasso City Planner, City Hall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahoma, this 15'h day of August, 2005. Dp McCulley City Planner TO.- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM.- CHIP MCCULLEY CITY PLANNER SUBJECT.- AMENDMENT TO MASTER PLAN- Mr. & Mrs. Th son DATE- September 7, 2005 BACKGROUND The City of Owasso has received a request from Mr. and Mrs. Thompson, requesting that th4 2015 Land Use Master Plan be revised to allow for Commercial use of 4.875 acres located on th* northeast comer of E. 121 St N. and Garnett Road. Currently the property is planned for residential development. LOCATION The property is located on the northeast corner of E. 121 St N. and Garnett Road. A general area map has been attached for your review. Undeveloped SIMROUNDING LAND USE North: Undeveloped agricultural property and a church; further north lie large lot residential and mini storage uses South: Undeveloped agricultural property containing two residential structures, further south lies a vacant commercial structure and the Jack of Clubs Bar East: Undeveloped agricultural property; further east lies the Seventh Day Adventist Church and large lot residential properties. West: Beauty shop/single-family residence and country estates residential subdivision PRESENIZONING 11 AI'll, 111V I 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, Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a developer proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. NONUNION i Staff received a petition from Mr. and Mrs. Thompson, requesting that the 2015 Land Use Master Plan be revised to allow for Commercial use of 4.875 acres located on the northeast comer of E. 121 St N. and Garnett Road. RECOMMENDATION MAM�� 1. General Area Maps 2. Applicants Annexation Petition 3, Legal Notice NAIIFIMMWINJ� `\ 1 % 'I I j Ben & Stephanie Thompson 13821 E. 100'h Street North Owasso OK 74055 (918) 272-2383 FAX: (918) 272-4632 e-mail: steviejane@sbcglobal. net August 2, 2005 Eric Wiles City Hall I I I N. Main Owasso OK 70455 Dear Mr. Wiles, We are writing to request that the City of Owasso annex our property into the city limits. The property is located at 12 1 " Street North & Garnett Road. Please find the legal description below. The South half of the Southwest Quarter of the Northwest Quarter (S12 SW14 SW14) LESS a strip Sixteen and one-half (16 Y2) feet wide on the south for road, in Section Five (5), Township Twenty -on (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US. Government Survey therof. Please let us know if we need to do anything else. Thank you for your assistance in this matter. Sincerely, Notice is hereby given that a public hearing will be held by tho Owasso Pg Cmnmissioll, at Old Central, 109 N. Birch, at 7:00 P.M. Sep to 12, 2005. At the hem*, consideration wifl be, given to the proposed zoning classification of the Mowing describW property: TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SURIECT: ANNEXATION — (OA-05-07) DATE: September 7, 2005 #AC&QRQUND The City of Owasso has received a request for the annexation of approximately 5 acres. At this time it is our understandinW the aravJicant is re,�tuesti this annexation rixtition in order tob process that will result in the development of commercial property. LOCATION The property is located on the southeast comer ®f E. 121 St N. and Garnett Road. A general area map has been attached for your review, SUR110UNDING LAND USE North: Agriculture South: Agriculture East: Agriculture / Large Lot Residenti West: Residential I � J-) 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 stop in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to dde land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits, The applicant niust 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 sta ff- 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. 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. I . 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, AgriculturalLandowners 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. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include t street right-of-way, This policy will establish consistency and allow City employees a citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for six month period after rejection by the City Council. I ANALYSIS Staff received a petition from Mr. Bob Buss, requesting, the City to annex approximately 5 acres of property, 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 commercial property. The Owasso 2015 Land Use Master Plan calls for residential development on the subject property. Therefore, this request is accompanied with a request to amend the 2015 Land Use Master Plan to allow for Commercial use of the property. In regards to the Owasso Annexation Policy the request is smaller than 20 acres; however it is contiguous to existing City limits, No public infrastructure or development currently exists on the property; all public improvements will be made by the developer. If annexed, the subject property will acquire an AG (Agricultural District) zoning designation. 111311111111 111111111 11�111� 11�11111�11 1111;1p;111 �"!l ��!1111 111 OWASSO ANNEXATION CONMTTEE At their August 31, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05-06, RECOMMENDAMN ATTAQtMEN_TS,-, 1, General Area Map 2. Applicants Annexation Petition 3. Legal Notice 4 . VIJ CHARNEY, RIDS & WILLIAMS A Prof °&floAal Corporialio).1 12150 1 -',. 96"' SI I Ut Not (It, Suite 202 lAnd R OMMY MQS-W, OH-11101aa 74055 fw)y Wihimi", (91 a) MOMS (91 R) 272-5376 Fax X11 ,!in A. 6c NIV, W A; Aviles Coy U PSI 1AX I RO OWMMO, M 74055 Allornoys 111cl Coun:,clom at Law April 27,2005 Founder nomm chmmy INdabonn and hdhsouci MUS cam 0: ibu."((a)charneylaw.co)II RG SM4 of NVV14 SM4, USS NORTH 16.5g THEREOF, SEMION 5, `IMMS1111? 21 1JORIT-1, RANGE'14 RMST, TULSA COUNI'Y r)uqr in: 11iinwalli, to Our prior INSCIMSions, PIcaso p)-occed with anqppjic. tj.j()jj for alulexationIncl ill cla',"Wio.mion briho sulfout PrUPAY RoM residential to commercial �'s flic properly was ondiany ded1paud in the 2010 Wter P, Per your illSUVOIiODS, I aM mcbsing a 300 Rmt Wks ivpw Mill cOINOW legal WSW MUM in Special (SUBW No. 320491 AN AS'Citk: Con)pasy. ThM you Or pmir Wmance and if you have OnYqilc4tiolig,j)le,"tsedaiiotliesitatotoconmet L9 MO )"A..-Alosurc Fy Ihily Y lzobcrt BUSS Nr Tho Firm MVIV.Charwylalv'cwn tlilc-,'51ore -'�--vveyinq, VAWAM KimcE POSM142 CoLumwmjjF- Ox. 74021 W8971-2896 T-d asif-alvc 616 ojj-2uxRaAjnS auo-4sajTW e96:90 so ga inr FACCIt"1076"A"!, �VXTIIV-' I THE CITY OF OWASSO, OKLAHOMA at Old Central, 109 N. Birch, at 7:00 PA� Septerriber 12, 2005. At the hearing, consideration will be given to the proposed zoning classification ofthe following described property: �� "I'll :::: on the southeast corner of E. 121 St N. and G�m`� Rd. INTRIT IIIIIIIIIIIII Chip McCulley City Planner TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT.- AMENDMENT TO MA DATE- September 7,2005 RMCKgROUND a, be revised to allow for Commercial use of 4.875 acres located on the northeast corner of E. 121 St N. and Garnett Road. Currently the property is planned for residential development. LOCATION The property is located on the southeast corner of E. 121 St N, and Garnett Road. A general area map has been attached for your review. IN 1"ViiaggiganalgW =Fgm' x1mi SURRQUND,IN G LAND USE North: Undeveloped agricultural property and a church; further north lie large lot residential and mini storage uses South: A vacant commercial structure and the Jack of Clubs Bar East: Undeveloped agricultural property; further east lies the Seventh Day Adventist Church and large lot residential properties. West: Beauty shop/single-family residence and country estates residential subdivision PRE�ENT ZONING ..EYELO.PMENT 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 ir ordm [)o rveive 0 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. Specific development concerns, such as drainage, traffwater/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a developer proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism, ANAUSLS Staff received a petition from Mr. Bob Buss, requesting that the 2015 Land Use Master Plan be revised to allow for Commercial use of 4.875 acres located on the southeast comer of E, 121 St N, and Garnett Road, The Owasso 2010 land use master plan, the previous master plan for Owasso, designated this property and the property on the north side of 121" St. for f6ture commercial use. In 2004, the master plan steering committee recommended that the future land use of the properties be residential because two residential structures are situated at the southeast corner of E 121" St. N and N Garnett Rd. The area designated for commercial use would extend no more than 330 feet. The applicant agrees that the remainder of the property should develop for residential purposes. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. RLCOMMENDATION Staff intends to recommend agaroval of the Master Plan Amendment. ATTACHMENTS: 1. General Area Maps 2. Applicants Annexation Petition 3. Legal Notice Subject A: Property Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 1" R01wif Nfir' U6, W'Ilcs Coy o'c' Oyv, i P,(X uax I Fw OY, 741055 CHARNEX, RUSS & WILLIAMS A Pfof,miwjal Corporation 12 150 V. 96"' Strea No ith, wile 202 MQSNO, 034,11101im 74055 (918) 272-5338 (918) 272-5376 Fax A(lornoys and Cunn"'Oors it Law April 27, 2005 roc ndcr: flarold Chatitcy '?Oldaboma and MiSSOL)d Writer." C-iiiafl: Rbu.qs@,chamcyIaw.co)lj N-1/4 of NW/4 SW/4, T,i,Ss NORTH MS"MEREOF, SECTION 5, TOW� IS 1111121 NORTH, R ANOM 14 BAST, BUT SA COUNTY hinwarly to our prior discUssic)"s, 1-11caso procced with ail application for annexation an(I ch, ill OVI lie albiact probes rly Omni resi(jenti-11 to 0011,41,01'ei3l as Itic property was of ighm Hy h I flu, 2010 Mastor Pjb�Ijj. Per your ijjstn)cjj()jjs, I a,-" ellej Sing a 3 0 f 0 0 00t vq)w I with conlpllcl(legAl dUl,"iPlioll Mcniffied in Special Certificate No. 320495,17tihom & '601, Corllpafky, 111 C. 'P I;, CA 1, Yot i for you r jj i fyol, j,,,jvcMY q1INM011s, pleasc do 110t heshate to Contact '0NICIFYIhIly Your ' '� 1(7' Robell Buss ForTho Firm VV)vlv-chQr1j(!j)Iaw,com bile for ufveyinq, A 1. 1, JMY14."" T-d ssff-arc BIG ojj-2utRaAjns auoisa11w e9c:B1 so 92 Inc NOTICE TO TIHE PUBLIC OF A HEANIaG Oft A jtR*P*SNA,4"W rfw"-iu TBE CITY OF OWASSO, OIKLAIJOMA Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P,M. September 12, 2005. At the hearing, consideration will be, given to the proposed zoning classification oftiv following described property: To be considered is an annexation of property approximately 4.875 acres in size, locall on the southeast comer of E. 121 St N. and Garnett Rd. Ile applicant is also requesting that the 2015 Land Use Master Plan be revised to allow for commercial zoning of the property. All persons interested in this matter may be present at die hearing and present their objections to or arguments for any or all of the above matters. ffif gs W MEN TO: THE HONORABLE MAYOR AND COUNCM CITY OF OWASSO FROM.- CHfP MCCULLEY CITY PLANNER SUBJECT: OZ 05-07 DAT'E� September 7,2005 RACKGROUND The City of Owasso has received a request to review and approve the rezoning of approximately 87 acres fi-om AG (Agricultural District) to RS-2 (Residential Single -Family), located on the southwest comer of Mingo Rd. and E. 96h St. N. HEARING DATE: PlanninQ-Cn-mm�Lq-qionLSeitember 112005 LOCATION The property is located on the southwest corner of Mingo Rd. and E. 96 th St. N. A general area map has been attached for your review. Undeveloped SURROLJNDINC I LAN- S North: New Brunswick South: Large -lot residential East: Mingo Rd. and Fairways IV, V, and VI West: Undeveloped RXIMMIN 1151IM1,11IM IF DEVELOPMEN]: 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. ANALYSIS Wi RIAMM MEMMF MomilIFUNIBI,, u - i , 1 0.011 The request is consistent with the Owasso Land Use Master Plan, The requested designation is compatible with surrounding property as parcels to the north and east are zoned residential as well. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. A copy of the legal notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance witil municipal regulations in order for any future development to occur. Significant development would be subject to a site plan review, and the proposed development would have to meet thip, City's requirements. ..... ..... ..... ..... ATTACHMENTS: 1. General Area Maps 2. Rezoning Application 3. Legal Notice W Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 GENERAL LOCATION PRESENT ZONING. A C4 PROPOSED ZONING_--&—? P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 PRESENT USE PROPOSED USE—O ---�OJ: ��VL —PAY— LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) and Address of Record 0 General Location of Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. V Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER- I APPROVED APPLICATION: OZ-0587 Notice is hereby given dW a public hearing will be held by dw Owasso Planning Commissior4 at Old Central, 109 N. Birch, at 7:00 P.M. Septwnber 12, 2005. At the hearing, consideration will bc given to the proposed change of the zoning classification of the following described propertY A Tract of land in the NE/4 of Section 24, T-21-N, R-13-E LB.M, being all that part of the NE/4 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. TO.. THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM-. CHIP MCCULLEY CITY PLANNER SUBJECT.- OZ 05-08 DATE: September 7, 2005 RACKfiR0 YND The City of Owasso has received request to review and approve the rezoning of approximately 40 acres from AG (Agriculture District) to CS (Commercial Shopping District), located on the northeast corner of E. 96t' St. N. and N. 129h E. Ave. HEARING DATE: Planning Commission: September 12, 2005 L,OCATIQN The property is located on the northeast corner of E, 96h St, N. and N, 120hE. Ave. A general area map has been attached for your review. M MOM 11 W, Am North: Agriculture South: Large Lot Residential East: Rejoice Christian School West: Large Lot Residential SIMOUNDING ZQNING North: AG (Agriculture District) — Tulsa County South: AG (Agriculture District) — Tulsa County East: AG (Agriculture District) — Tulsa County West: AG (Agriculture District) — Tulsa County DEVELOPMENT MaS�: 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. AN q r,,;,#uest to review and Tove the rezoning of roximately 40 acres from AG (Agriculture District) to CS (Commercial Shopping). The request is consistent with the Owasso Land Use Master Plan. Letters were mailed t4i surrounding property owners and the legal advertisement was published in the Owasso.Reporter. A copy of the legal. notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance witY municipal regulations in order for any future development to occur. Significant developmen) would be subject to a site plan review, and the proposed development would have to meet t1r; City's requirements. ATTACHMENTS: I. General Area Maps 2. Legal Notice TOY! Fig : Ae< 1 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. September 12, 2005. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property; The Southwest quarter (SW/4) of the Southwest quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma according to the Government Survey thereof, containing 34.8 acres more or less. All that part of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, described as follows: Beginning at a point on the South Line of said SWA SW/4, 494.00' West of the Southeast corner thereof, thence due Nest along the South Line of said SW/4 SW/4, 331.00', thence due North 330.00', thence due East 331.00% thence due South 330.00' to the point of beginning containing 2.51 acres more or less, A.K.A 13109 East 106 Street North. and; The East 357.00' of the South 330.00' of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North,. Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 2.7 acres more or less, A.I.A. 13227 East 106 Street North. To be considered is a rezoning of property approximately 40 acres in size, located on the northeast corner of E. 106t" St. N. and N. 129 E. Ave. To be considered is a rezoning from AG (Agricultural District) to CS (Commercial Shopping District). 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, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Mall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahoma, this 12`h day of August, 2005. McCulley City Planner To Whom It May Concern, This letter serves as a written request to change the existing zoning classification AG (Agricultural) to CS (Commercial Shopping) on the following property located in Tulsa County, Oklahoma, to -wit: The Southwest quarter (SW/4) of the Southwest quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 34.8 acres more or less, LESS AND EXCEPT: A tract or parcel of landing the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa Count State of Oklahoma, according to the Government Survey thereof, described a follows: I Beginning at a point on the South Line of said SW/4 SW/4, 494.00'West of the Southeast corner thereof, thence due West along the South Line of said SW/4 SW/4, 331.00'; thence due North 330.00'; thence due East 331.00'; thence due South 330.00'to the point of beginning containing 2.51 acres more or less, AKA 13109 East 106 1h Street North. MM Dated this 12 th ofJune,2005 Dated this 12 th ofJune,2005 Michael R. f-offer City of Owasso P. 0. Box 180 To Whom It May Concern, This letter serves as a written request t® change the existing zoning classification A (Agricultural) to CS (Commercial Shopping) on the following property located in =hulas County, Oklahoma, to -wit: Requested by owner/s of record: Dated this 12�1' of June, 2005 Mi'hae N. Loff�r City of Owasso P. 0. Box 180 ,C, iLyssn, Ok 74CJ55 To Whom It May Concern, This letter serves as a written request to change the existing zoning classification AG (Agricultural) to CS (Commercial Shopping) on the following property located in Tulsa County, Oklahoma, to -wit: The East 357.00'of the South 330.00'of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 2.7 acres more or less, AXA 13227 East 106 th Street North. Dated this 12 th ofJune, 2005 To.. THE HONORABLE MAYOR AND COUNCIL CffY OF OWASSO FROM: CHIPMCCULLEY CITYPLANNER SUBJECM. EASEMENT CLOSURE (Arden WflkiHson) DATE: September 7,2005 #AL4aR0JLND: The City of Owasso has received request to review and approve an casement closure of 70.41 Sq. Ft. of a 10' utility easement located on the north side of Lot 5 of Block I I as shown on the filed plat of the Elm Creek Estates First Addition. n"IM WKrF1 �101 �'� e 1 ;" '-� " LOCATION The easement in question is 70.41 sq. ft. of a 10' utility casement located on the north side of the subject property. EASEMENT CLOSURE REVIER rR_4 GE 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 casement grantees approving the request. 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 requcst meets city specifications and approve or deny the request. ANALY-S-I&I The applicant is requesting this review in order to take appropriate action relating to matters allowing for the closure of a 70.41 sq. ft. of a 10' utility easement located on the north side of Lot 5 of Block I I as shown on the filed plat of Elm Creek First Addition. RLCQM DAMOM, IN m M I W 161 Wim Im, Ld 13 "m CONCRETE A/C PAD 1 "=30' POR7/ON OF EASEMEA17 7O BE CL OSED t� 60�g3� 2 GP E GWP" 0 RETE AIC D � G 2� E 60 26 A j a ti S 292345" —FOUND 3/8" IRON PIN —FENCE CORNER /S 0.4' SOUTH OF LOT CORNER & ON LINE EAST & Y/EST FENCE CORNER WEST O LO �\ OF LOT L/NE CS �0 0. srRACE =n NOT ON � COh'CREIE SET 3/8" \ o i 11 11 IRON PIN o° a 5°26? RE�E. FENCE CORNER IS 0.5' SOUTH 2 OF LOT L/NE o,� W 61 PLAT W m S 6S 25 22, W �F• FENCE CORNER 150. SOUTH \m OF LOT LINE SET 3/8 C IRON PIN m FOUND IRON F FOUND 5/8"" IRON PIN Q 4 Z o 'FENCE CORNER /S 0.4' SOUTH & 0.2' WEST OF LOT CORNER BASIS OF BEARINGS: RECORDED PLAT OF ELM CREEK ESTATES FIRST ADDITION 00 IJI-rE STJ VE-'Z-]IT'�,TG CO M FAY lul Sheet I of 2 ®9936 EAST 55TH PLACE TULSA, OKLAHOMA 74146 ® (918) 663-6924 ® 9936 EAST 55TH PLACE TULSA, OKLAHOMA 74146 - (918) 663-6924 I PROPOSED LEGAL DESCRIPTION FOR EASEMENT CLOSURE A PART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK ESTATES FIRST ADDITIOJ A SUBDIVISON TO THE CITY OF 4 TULSA COUNTY, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIB AS FOLLOWS, HAYNES OF WHITE SURVEYING COMPANY, A REGISTERED PROFESSIONAL 31, TOMr SURVEYOR IN THE STATEOF r r CERTIFY DESCRIPTION r ACCORD RECORDS �D THE ATTACHED D DRAWING IS A TRUE REPRESENTATION OF THE REAL PROPERTY AS DESCRIBED, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING OF THE STATE OF OKLAHOMA. 1 DATE SIGN VIM, A'ND ! SEAL TOM '�_#4YNES RPLS WHITE i3 i `LING-COMi?Q NY C.A. #1 8XPIRES 6/30/07 ANNE W TO: THE HONORABLE MAYOR AND COUNCIL CfrV OF OWASSO FROM: CHBIMCCULLEY CTrY PLANNER ® FINAL PIAT (Garivtt Creek Center Phase -U) LOCA11ON The property is located on the southwest comer of E. I I e St. N and the Owasso Expressway. A general area map has been attached fbr your review. I oil 10 MTV W's Korth: U--n-d-e-v-,-ekop-ed South: Rejoice Christian School East: Owasso Expressway West: Residential kk X1 ON • sit DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. ANALYSIS., The applicant is requesting this review in order to facilitate commercial development on a 46.76 acre tract. The subject property is zoned CS Commercial Shopping Center District, According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, e.c, Off site stormwater dentition has been provided for this development ©o the west in the storm water detention facility between The Falls at Garrett Creek and the subject property. The site is within the City of Owasso's utility service district. It will be provided sewer services by the City of *wasso and water by Washington Co. Rural Water District #3 The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat t4 accommodate essential utility placement and access. MCOMMENDATION: Staff intends to recommend approval of the Garrett Creek Center Phase 11 Final Plat RM r] Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com R 14 E E 1164h STREET NORTH w P N e_ 2 Z E. 1064h STREET NOsRpgTH LQQN •.. 9 c. 1 m SUBDARSION CONTAINS 1—BLOCK. 3—LOTS LOT 1 CONTAINS 13.80 ACRES LOT 2 CONTAINS 1&64 ACRES LOT 3 CONTAINS 11.39 ACRES FINAL PLAT 04 p �--s PP�� /® 9..y ® CREEK CENTER PHASE Il CORNER SECTION IS d� �J 1 rNW T-21-N, R-14-E A TRACT OF LAND THAT IS PART OF THE WEST HALF (W/2) OF SECTION 9, TOWNSHIP 21 NORTH, RANG 14 EAST G THE I.B.& M., CITY OF OWASSO, O tW 2W 3W TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SCALE 1' - 100' SURVEYOR: OWNER: ENGINEER: J 2 1g TULSA COUNTY, OKLAHOMA COMFIT Lat1d &.v"klg. I— Gawp Bmud®y LLC D9Sh-m T-g & Amdatm Rm 113 W.9 Dames 401 W. 2ad Amu* I— Cmatm O1flu Park � @@& AUGUST 1, 2005J SL105 O.a OkM_ 74053 10830 East 45th. SLR, 204 PhOkm iahama 74WB Ph.. (ma)378-91W Tul4 OWdw 74148 -- 5 -, B Phan¢ (918) 356-9/29 Ph— (915) 527-.OM C. N.2656 0.4. Na 1297 BLOCk.2 6 it 4 CURVE DATA NUMBER IARC LENGTH DELTA ANGLE 11ANGENT RADIUS Ct 172.57 35'5719 89.23 275.00 C2 119&18 30'41'18` 101.53 370.00 C3 160.99 24Ti5'47" 81.79 1370.00 THE PROPERTY DESCRIBED AND SHOW DIN THIS SURVEY DOES NOT UE WITHIN THE 500 YEAR FLOOD PLAK NOR THE 100 YEAR FLOOD PLAINL REFERENCE: FEDERAL EMEIM= MANAGEMENT AGENCY. FLOOD RATE MAP. CREEK COUNTY, OIL "L"NMWORAM AREAS) MAP NO. 401 H 9L0 39 38 '37 36 35 31 I ao 91' U I UA LEGOD ----------- U/E • RKLIT OF ITY WET 37 8/AL m BUILDING SETBACK °T �I J 3) ' I 37 37 31 37 JB 9 W P7.5 - i n%, UA 15' DA lock l N 0178'02` W 3 d Lot �i/ Lot 2 H TJ � I N O�7h� I� W I // `-15' DIE 25' B/L 20' U/E--,� _- 910szz NORTH With EAST AVIENUIF ro � 5 81.29' 11 '01 N 8673'O1" w S 011602` E 16.56' ', TOSS' S 0178b2"'E N 6673'O1' If E 25' B/L 20' U/E - B ECN 5914'9 P E ' I -1(DNS 72 yi=Ts I _ ______II S N T 14'l 0 E 6 ,!--- ML B N 57'08'07" E j 7d1�i jr 2&62' FORCE NAC1 I & mi'q j7•r�0'p Nd / N 445442 E if !� 0 4436° W FA4 MT N 13 m_rPG_ @ sac EA.m�NT B/LSANITARY --- @ / i FA4_kQdF II �� 2GOCK � I @ ZD' U/E —e Lot I I I J I B § I � tlb Z.ASEMONUN ENT I @ Iris' � 6 G EXIST. 80' R/* B e@[E B 0C 7248, PG 09RU WA99NGTMd CO. RURAL WAEASEI�IENAR NO. 3 /'/ I B G! OC✓ ? I q 2 g 9 / STATE MCHWAY m S 13'39 49 E € 1 BENCHMA RK am °.BOTH OF P EUVATION - 8&77sm PLAT NO. AA9. 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W M4 _ DAT W PomWLY IPRIRa m IE ro � M mPsrnrlL PERrprl me�m Ia xAIE ro ME fa¢omo emmaexr um Aamomweo m LE TWr K eaarrtn M arm m� uT"�mx, � T�'iE°Ri,.� arm nawrotM��ao�orr a' inn eT esass xDrKT Pcax TO- THE HONORABLE O cf COUNCIL CITY OF OWASSO FROM. ' 4`fed IIN,N PARKS DIRECTOR RE. RESTROOM PROJEC`I OWASSO SKATE PARK DATE: September 6, 2005 rZINIMMKIfUTIMM At the March 15, 2005 City Council meeting, the City Council approved the City of Owasso's participation in the FY-04 Community Development Block Grant (CDBG) program. By nature of its size, the City of Owasso receives $66,450 in CDBG funds this year towards the completion of a project which must be matched by the City of Owasso. The matching portion of funds has been included in this year's budget. The Oklahoma Department of Commerce administers these funds as part of its "Small Cities Set - Aside Program." PROJECT DESIGNATION - The City will be utilizing the money this year to construct a handicapped accessible restroom at the Owasso Skate Park, as well as construction of sidewalks along Main Street to and from the Skate Park facility. PROJECT DETAILS Bid specifications for the Skate Park restroom were developed by staff utilizing restroom specifications and designs from previous restroom projects. Specifically, the restroom at the Skate Park will resemble the restroom located in Elm Creek Park. This restroom is nearly 15 years old and has been cost effective in terms of maintenance and serviceability. The "Request for Sealed Bids" was advertised on August 11, 2005 and August 18, 2005 in the Owasso Reporter. Additionally, copies of the plans were distributed to four different plan distribution houses. Two copies of the bid documents were picked up by interested contractors. A mandatory pre -bid meeting was conducted on Wednesday, August 31, 2005 at 2:00 PM with one contractor attending. Bids will be opened on Monday, September 12, 2005 at 2:00 PM. RECOMMENDATION: Staff will review all bids that are submitted on Monday, September 12, 2005 and will be making a recommendation at the September 20, 2005 meeting. If staff is able to review the submitted bids prior to the Tuesday, September 13, 2005 Work Session, the recommendation will be discussed at Tuesday evening's meeting. TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM. ANA STAGG, P.E. PUBLIC WORDS DIRECTOR OKLAHOMA DEPARTMENTOF TRANSPORTATION STATE HIGHWAY 20 IMPROVEMENTS RESOLUTION AUTHORIZING SIGNALIZATION DATE: September 8, 2005 BACKGROUND Funded by the Oklahoma Department of Transportation, the State Highway 20 Widening Project includes the widening of over 4 miles of roadway from US Highway 169 to North 2091h East Avenue, complete with new signals and drainage infrastructure improvements. Among the more notable roadway enhancements within the City of Owasso limits, the work calls for the installation of new traffic signal at the US Highway 169 and East 116th Street North (State Highway 20) interchange to alleviate existing traffic congestion. Construction costs for improvements to State Highway 20 are estimated at nearly $10 million. Construction work is scheduled to be completed within 380 calendar days. Bid opening is scheduled for October 20, 2005 with a proposed Award date of November 7, 2005. Generally, construction of ODOT projects begin within 90 days following award; thus, staff anticipates that the improvements will be completed by March 2007. PROPOSED SOLUTION: Because of the signalization of State Highway 20 and US Highway 169 interchange as part of State Highway 20 Widening Project, ODOT has prepared a Project Agreement (see Attachment A) to outline the responsibilities of the City of City and ODOT for the completion of improvements. Key provisions of the Agreement are as follows: Oklahoma Department of Transportation l . Engineering plans, specifications and construction cost estimates 2. Advertisement and bidding services 3. Construction supervision and administration City of Owasso 1. Rights -of -way acquisition 2. Utility relocation 3. Maintenance and operation of signalization equipment ODOT SH-20 Improvements Resolution Authorizing Signalization Page 2 of 2 In addition to the Project Agreement, the City must also execute a Resolution agreeing to provide maintenance for the new traffic signals (see Attachment B). The Maintenance Agreement, referenced in the Resolution, will be provided to the City following completion of construction improvements. All documents submitted by ODOT (Project Agreement, Resolution and Maintenance Agreement) are is similar in form to those executed by the City of Owasso for the completion of improvements at US Highway 169 and E. 761h Street North interchange and at B. 46'h Street North and Main Street intersection. The City Attorney will review these documents and provide comments if needed prior to the next regularly scheduled Council meeting. PROJECT FUNDING: The project is fully funded by ODOT9s Highway Program and requires no matching funding from the City of Owasso. RECOMMENDAI"ION 1. Staff will recommend Council authorization of the Mayor to execute a Project Agreement for Installation of Traffic Signals at U.S. Highway 169 and State Highway 20 Interchange (Project number STPY-0 72B(421), Job Piece Number 09482(04)). 2. Staff will recommend Council approval of the proposed Resolution, authorizing the Mayor to execute a Maintenance Agreement for Installation of Traffic Signals at U.S. Highway 169 and State Highway 20 Interchange (Project number STPY®072B(421), Job Piece Number 09482(04)), ATTACHMENTS: A. Project Agreement B. Proposed Resolution PROJECT AGREEMENT ow FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECT FOR T HE INSTALLATION OF TRAFFIC SIGNALS IN THE CITE' OF ®MASS® 1 pwlfdrfi i'' ♦�.��.i�.�F is ,.�_,i•, AGREEMENT This AGREEMENT, made the day and year last written below, by and between the CITY of Owasso, Oklahoma, hereinafter referred to as the CITY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to wit. WITNESSETH: THAT the CITY proposes to make certain traffic improvements as directed by the Oklahoma Transportation Commission at their meeting of January 1988, authorizing State apportioned Surface Transportation Project funds for participation in the project for traffic improvements in the CITY of Owasso, designated as Federal -aid Surface Transportation Project STPYm072B(421), JP# 09482(04) consisting of the actual traffic improvements as follows: I. TRAFFIC SIGNALS at the US-169 and SH-20 Interchange. All construction is to be in accordance with the plans and by reference made a part of this AGREEMENT. Such plans are to be in accordance with the Oklahoma Standard Specifications for highway Construction, Edition of 1999 and current updates. It is the policy ol� the Oklahoma Department of Transportation to assure compliance with Title VI of the Civil Rights Act of 1964, and the CITY of Owasso hereby agrees that as a condition to receiving any Federal fmancial assistance it will comply with Title VI of the Civil Rights Act of 1964 which requires that no person in the United States shall on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Federal Financial Assistance is received. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Department agrees to provide the plans, specifications, and construction cost estimates for this project. 2. The DEPARTMENT and the CITY agree to become jointly responsible with the contractor as co -applicants for meeting all Department of Environmental Quality (DEQ) requirements for storm water runoff on this project. It is agreed that the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the storm water pollution prevention plan sheet and appropriate USGS topographic map contained in the plans constitute the storm water management plan for the project described previously in this document. Further, if required, the DEPARTMENT and the CITY agree to file jointly with the contractor the general National Pollutant Discharge Elimination system (NPDES) permit with the DEQ which authorizes the storm water discharges associated with industrial activity from the construction site identified in this document. That prior to the DEPARTMENT's advertising for bids or otherwise authorizing work on said project, the CITY agrees to furnish without cost to the DEPARTMENT all rights -of -way needed for the construction of said project, free and clear of all obstructions and encumbrances of whatsoever nature, which would interfere with construction of the project, including but not limited to utility poles, pipelines, buildings, signs and other facilities above or below the surface of the ground. The CITY further agrees that it shall cause the adjustment or relocation of public or private utility facilities occupying the rights -of -way for said project, provided the adjustment or relocation of same is needed to accommodate construction of the project; the CITY further agrees that it shall accomplish said utility adjustment or relocation at the sole expense of the CITY, except in those cases in which the owner of said utility facility is required by law to assume the cost thereof. The CITY agrees to acquire legal title to said rights -of -way in the name of the CITY; that all such acquisition of rights -of -way shall be carried out and evidenced by written instruments, such as deeds, written easements, condemnation orders or judgements and that the same shall be recorded in the Office of the County Clerk as provided by law. The CITY shall furnish the DEPARTMENT's Office of Land Acquisition with true and correct copies of all written right-of-way instruments and each copy of such instrument shall be certified by the County Clerk as true and correct copy thereof and shall bear the book and page number showing where the same is recorded and the exact date and time of recording thereof. The CITY shall convey to the DEPARTMENT, by deed or easement, all right-of-way acquired for a project located on the State highway System. The CITY shall defend the title in and to all of such rights -of -way at the sole expense of the CITY; and the CITY hereby agrees to indemnify and save harmless the DEPARTMENT from any and all claims, demands, suits or causes of action, whether the same be at law or in equity, for damages or just compensation or otherwise, arising from or in any way connected with the CITY's acquisition or failure to acquire said lands, or arising from or connected with the construction of the project by the DEPARTMENT upon said lands. Upon approval of this AGREEMENT and the plans, specifications, and estimates by the Federal Highway Administration, the DEPARTMENT shall agree to advertise and let the contract for this project in the usual and customary manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this AGREEMENT, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all Federal laws, regulations, orders, approvals as may be applicable hereto. 6. The DEPARTMENT shall appoint competent supervision of the constriction work to the end of obtaining work strictly in accordance with the approved plans and specifications. `/. The CITY shall by resolution, duly authorize the execution of this AGREEMENT by proper officials, and attach copies of such resolution to this AGREEMENT. 8. It is understood and agreed that the roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the DEPARTMENT and the CITY. 9. The CITY agrees that upon completion of constriction of said project, final inspection, and acceptance of the project by the DEPARTMENT, the CITY will be responsible for the maintenance and cost of operation of all traffic signal equipment erected and installed pursuant to this agreement and all devices appurtenant thereto. 10. The CITY hereby agrees to periodically review the adequacy of the aforesaid project to insure the safety of the traveling public and should the CITY determine that further modification or improvement be required, the CITY shall take such actions as are necessary to make such modification or improvement. When maintenance and/or operational modifications are required which in the opinion of the DEPARTMENT exceed the capabilities of the CITY's staff, the CITY agrees to retain, at the sole expense of the CITY, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 11. In the event that any hardware installed hereunder is no longer needed for the purposes designated herein, then the hardware installed hereunder shall not be removed by the CITY to any point other than that which is approved by the DEPARTMENT prior to such removal. 12. Upon completion of the aforesaid project, the CITY hereby specifically agrees that the CITY assumes any and all financial obligation for the operation of the aforesaid project. 13. If the CITY should fail to fulfill its responsibilities under this AGREEMENT, such a failure will disqualify the CITY from future Federal -aid participation on any Federal -aid project. Federal funds are to be withheld until such time as a traffic engineering staff, satisfactory to the DEPARTMENT has been properly established and functioning, deficiencies in regulations have been corrected, or the traffic operations improvements to be installed under this Agreement are brought to a satisfactory condition of maintenance. 14. The DEPARTMENT has taken the necessary actions to insure its work is in compliance with the requirements of the Americans with Disabilities Act. The DEPARTMENT agrees that its program or activity will comply with the requirements of the ADA. The CITY will assist the DEPARTMENT in insuring compliance. Any cost of such compliance, beyond the basic services supplied by the CITY, will be responsibility of the DEPARTMENT. Under no circumstances will the CITY assist the DEPARTMENT in any activity which it deems to not be in compliance with the ADA. IN WITNESS WHEREOF, the Chief Engineer ofthe Department ofTransportation, pursuant to authority vested in him by the Transportation Commission, has hereunto subscribed his name as Chief Engineer of the Department of Transportation, and the CITY has executed same pursuant to authority prescribed by law. The CITY on the _______ day of , 2005, and the STATE on the day of ATTEST: , 2005. CITY OF OWASSO, OKLAHOMA BY. Mayor APPROVED AS TO FORM AND LEGALITY BY: CITY Attorney Title STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION M. Chief Engineer APPROVED AS TO FORM AND LEGALITY BY: General Counsel CITY OF OWASSO, OKLAHOMA RESOLUTION NO 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA AUTHORIZING EXECUTION OF A PROJECT AGREEMENT FOR THE STATE HIGHWAY 20 WIDENING PROJECT. WHEREAS, it is in the best interest of the City of Owasso, Oklahoma to execute a certain Project Agreement for the installation of traffic signals at State Highway 20 and U.S. Highway 169 Interchange Improvements (Federal Aid Project No. STPY-072B(421) and State .lob Piece No. 09482(04), by and between the City of Owasso and the Oklahoma Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OK-LAHOMA that the Mayor is hereby authorized and directed to execute the above described agreement on behalf of the City of Owasso, Oklahoma. APPROVED this 131h day of September, 2005 by the City Council of the City of Owasso, Oklahoma at a regularly scheduled meeting, in compliance with the Open Meeting Act. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney TO: THE HONORABLE i; 1 i, 5 AND CITY COUNCIL i CITY OF Or, O O CITY MANAGER SUBJECT: REQUEST FOR CARRY-OVER BUDGET FY 05-06 DATE: September 8, 2005 BACKGROUND: Annually, and subsequent to the "close out" of the previous fiscal year, the staff conducts an analysis of the financial reports to determine the "year-end" fiscal picture of each of the city's funds. One of the purposes of that analysis is to determine if funds remain for a 66carry-over" appropriation. For several years" the city's management has utilized the concept of a carry-over budget as a means to promote a more efficient and effective use of tax dollars. Most governmental entities are more inclined toward an unofficial policy that requires a department or agency to spend all appropriated funds or lose these funds, thus forcing managers, in effect, to spend all of their appropriation prior to the close of the fiscal year or face a reduction in the next year's allocations. Such a concept will almost always result in wasteful spending and the beginning of a breakdown in the organization's wise stewardship of tax dollars. Conversely, the application of a "carry-over" philosophy will encourage the responsible use of funds even during the closing days of the budget year. Utilizing this approach, a department director can make good spending decisions without fear that those decision will result in a reduced allocation of funds. In fact, wise spending decisions are rewarded by allowing the department's managers to prioritize their needs and focus their resources on those priorities. Faced with the choice of encouraging good fiscal decisions or encouraging "government as usual," the city chose to give managers the option of a carry-over budget. That concept has been in place for more than ten years and has proven its value as a management tool. + QUEST The request is for City Council approval of a carry-over budget for FY 2005-06. It includes requests for the General Fund and various other funds as described below. GENERAL FUND: Based on Ms. Bishop's review of the year end financial reports, the General Fund has funds in the amount of $990,000 available for carry-over. Of that amount, $633,275 is committed to projects and expenditures previously approved and initiated during the past fiscal year (Examples include the Three Lakes Channel Improvements, FY 04 Street Repair Project, and the Old Central Code Compliance Project (Shown in Table 1). Additionally, departments have requested $51,310 in new carry-over requests (Shown in Table 2). Finally, the staff has jointly established priorities for the expenditure of $260,000 (Shown in Table 3). Those priorities include: A. $100,000 for additional street repair projects (This would bring the total street project funding for FY-05-06 to $522,000, an increase of $386,000 over FY 04-05); B3 $100,000 for purchase and installation of a new financial software system that provides 56on demand99 financial information to department directors and staff as well as on-line purchasing ability and real -tile data for use in decision making processes; C. $60,000 for an additional IT Employee to be assigned to special technology development applications to ensure priority technology challenges/opportunities are addressed without the day-to-day IT issues suffering (an example would be the selection, development, installation, and training coordination of the financial package referred to in (E) above or the development of a wireless emergency services capability). Finally, the staff recommends the remaining $45,000 available for carryover be held as additional reserve until such time as a decision regarding a fuel adjustment appropriation can be made. Currently, the staff position relating to fuel cost (and projections of potential expenditures) is that the price is too volatile and unstable to make predictions or decisions. A very preliminary review indicates that an additional $40,000 to $50,000 could be necessary to cover the cost increase in fuel for the entire General Fund. By allowing the remaining available carry-over funds of $45,000 to remain, a more data based decision can be made in January when costs have hopefully stabilized and potential new sales tax revenues can be better evaluated. Tables 1, 2, and 3, attached for your information and review, show a summary of the carryover requests for the General Fund by category and department. ADDITIONAL NOTES: ® The available funding for a carryover budget is determined by comparing the actual fund balance as of June 30, 2005 to the budgeted fund balance approved by the City Council on June 21, 2005. The result of that comparison has produced a potential $944,585 for carry-over consideration. ® At this point, the expenditure of $522,000 in street projects, in addition to ongoing street projects, and an anticipated Mingo and E. 86th Street North intersection projects, has led the staff to limit the request for additional street repair funding to $100,000. The Information Systems request are a staff priority and based on a desire for the Department Directors and key personnel to have easily accessible data available to assist in making rapid and accurate decisions. Additionally, the capability of having a fully integrated financial system that provides for on-line purchase orders, budget tracking, and work order tracking is considered to be a critical need if efficiency and productivity are to improve. Without doubt, this request carries the highest priority for all department directors. OPWA, OPGA AND OTHER FUNDS The OPWA, OPGA, Fire Capital Fund and the Ambulance Capital Fund all have various projects that were approved or initiated during fiscal 2004-2005 and were incomplete at the end of the year. Those carry-over budgets requests are detailed on Table 4, RECOMMENDATION: The staff is prepared to recommend City Council approval of a carry-over budget request that includes supplemental appropriations to the following funds and: General Fund: Street Department -- $251,316 Stormwater Department -- $214,606 Information Systems -- $163,940 Parks -- $140,000 Support Services -- $90,850 Finance Department -- $28,700 Police -- $21,361 Managerial -- $10,000 Human Resources -- $8,814 Community Center -- $8,678 Community Development -- $6,260 Total General Fund -- $944,585 OPWA Fund: Refuse -- $204,647 Wastewater -- $9,000 Recycle -- $4,000 Total OPWA Fund -- $217,647 OPGA Fund, Maintenance -- $15,000 Fire Capital Fund -- $8,644 Ambulance Capital Fund -- $212,350 ATTACHMENTS: 1, Table 1 — General Fund, Previously Approved Projects from FY 04-05 2, `fable 2 — General Fund, New Requests for FY 05-06 30 'fable 3 — General Fund, Prioritized Request projects for FY 05-06 4. Table 4 — OPWA, { PGA and other Fund Requests Table 1 General Fund, Previously Approved Projects from FY 2004-2005 Department Fundiu Requested Project Street $151,316 Grant Match m Sidewalk Street Repair Projects Light Tower Stornawater $214,606 Three Hakes Channel Improvements Main Street Drainage Project Meshek Engineering Review Police $ 16,561 Grant batch —Vests Headset Microphones Parks $ 140,000 Grant Match — Restroom Elm Creek Lake Dredging Support Services $85,600 Old Central ADA Compliance City Hall Maintenance Project Gate Opener — Refuse Area Information Systems $3,940 GIs Finance $3,700 Conference Room Chairs Human Resources $8,874 Character program Donation Community Center $8,678 Painting Total Amount Requested $633,275 Table 2 General Fund, New Requests for FY 2005-2006 De partiRent Funding ug cstcd Project Police $4,800 Bile Patrol Equipment Badges Support Services $5,250 Closed Circuit Security Camera Digital Projector Conference Room Equipment Community Development $6,260 Personnel Services Finance $25,000 Personnel Services Managerial $10,000 West Law Subscription Furniture — Legal Office Total Amount Requested $51,310 General Fund, Prioritized Request Projects For FY 2005-2006 Department FundinR F-eguestod T-roi�ot Streets $100,000 Street :Project repairs :Information Systems $100,000 Finance Software Package $60,000 Personnel Services Total Amount Requested $260,000 I taut IC, Table 4 OPWA, OPGA and other Fund Requests Fund Department Funding Requested Project OPWA-- Refuse $150,000 McNelius Track $52,897 1996 International 'Truck Conversion $1, 750 improve Cart Storage Wastewater $9,000 TV Inspect Sanitary Sewer Line, Hale Acres Recycle $4,000 Concrete Pad, Driveway Repairs, Storage Bldg OPWA "Total $217,647 OPGA, Course Maintenance $15,000 Rough Mower Ambulance Capital Fund $212,350 Ambulance Fire Capital Fund $5,007 Phone System $3,637 Computer Cabling, Station #2 "Total Amount Requested $4539641 TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITY OF OWASSO RODNEY J. RAY CITY MANAGER SUBJECT- APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: SEPTEMBER 9, 2005 BACKGROUND There are three appointments to various positions that require discussion and action by the City Council. Those positions currently vacant are: ® Vision 2025 Watchdog Committee ® Owasso Sales Tax Watchdog Committee (Media Representative) • Owasso Sales Tax Watchdog Committee (Citizen at Large) Additionally, Mayor Thoendel currently serves as Owasso's representative to the F TCOG Board of Directors and has indicated his desire to appoint another Council member to that position. Such appointment also requires City Council action. Discussion of these appointments has been listed on the agenda for the work session. Please note that the Council's past practice has been to conduct discussion with a subsequent nomination by the Mayor who then seeks City council confirmation of those nominations. ® One of the Owasso Sales Tax Watchdog Citizen at Large representatives has been Mr. Rhett Morgan, an Owasso citizen and Tulsa World Reporter. Mr.. Morgan has resigned from the committee due to his work schedule. The staff suggests that Mr. Matthew Roberts be considered for this appointment. Mr. Roberts has indicated a desire to serve the City in some capacity and has demonstrated his commitment to that service. ® The Owasso Sales Tax Watchdog Media representative has been Ms. Terry Azamber, an employee at "The Owasso Reporter". Ms. Azamber is no longer employed by "The Reporter" and cannot continue to serve as a media representative. The staff has contacted Mr. Randy Cowling to inquire as to his recommendation and discovered that he has an interest in serving on this committee. The staff supports Mr. Cowling's appointment because it gives the opportunity to provide first hand information to the media. Various Appointments to Boards and Commissions September 9, 2005 Page 2 of 2 ® The Tulsa County Vision Watchdog Committee is comprised of representatives from all of the county's cities. Owasso's representative has been Mr. Phil Tipton. Mr. Tipton has resigned from this committee due to work duties. This committee meets monthly to review financial and progress reports from the various Vision 2025 projects. The committee chairman has requested Owasso take action to appoint a new member as soon as possible. Please note, that the County Commissioners must make the actual appointment, however, Commissioner Wilbert Collins has requested the name be submitted by the Owasso City Council for appointment. Mr. Erik Miller, a member of the Owasso Sales Tax Watchdog Committee, is suggested for Council discussion. Mr. Miller has a demonstrated record of service in that capacity and would be most conscientious in his duties. SUMMARY: There are three positions that are currently vacant. The discussion during the work session is for the purpose of reviewing potential appointees. The staff, as a starting point, suggests the following: ® Erik Miller — Vision 2025 Watchdog Committee * Randy Cowling — Owasso Sales Tax Watchdog Committee (Media Representative) ® Mathew Roberts -- Owasso Sales Tax Watchdog Committee (Citizen at Large) Please note, that the Mayor and I have discussed the INCOG Board of Directors appointment and I have, at his direction, discussed the appointment with Councilor Kimball. Further discussion regarding this appointment remains with the Council. O THE HONORABLE MAYOR CITY COUNCIL Z 7 CITY OF OWASSO FROM: RODNEY J. RAY CITY MANAGER SUBJECT- 4-TO-FIX THE COUNTY PROJECT RESOLUTION DATE: September 8, 2005 BACKGROUND: As you are aware, Tulsa County Commissioners have been looking into the possibility of calling an election in order to extend the "4-to-Fix the County" sales tax. The "4mto-Fix the County" sales tax funded the recently completed widening project on E. 76"' Street North to US Highway 75. While originally it was believed that this election would be conducted in the Spring of 2006, the Commissioners have changed direction and will call an election for December 13, 2005 to ask voter approval of a five year extension of the "4wto-Fix the County" Capital Improvement Program. Please note the reason to conduct the election in December is so that it can be on the ballot with the Cellular 911 issue, a proposition that is believed to have substantial positive support from the voting public. The current Tulsa County "4mto-Fix the County" sales tax is .167 and that amount is anticipated to remain the same. The staff believes it is important for our City to quickly "get on the list" of potential projects for County consideration. Previous discussions have centered on asking for the widening of E. 86th Street North from Highway 75 to Main Street in Owasso. RECOMMENDATION: Staff supports the E. 86 th Street North Widening Project as our community's priority and is prepared to request City Council adoption of a Resolution requesting the County to include that project on the final list of identified projects to be considered by voters on December 13, 2005. eji �(t 1 i TO. RODNEY RAY, CITY MANAGER CITY OF O 9 V ASSO FROM. JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT- PROPOSED ORDINANCE TERM LIMITATIONS FOR SERVICE ON BOARDS AND COMMISSIONS The staff has been requested to research the issues relating to the enactment of an ordinance instituting term limitations for members appointed by the city council to boards and commissions. In accordance with this request, staff has drafted a proposed ordinance for the council's consideration which restricts the length of service for board and commission members to two consecutive terms of office, with eligibility for subsequent appointment after two years of non - service. A term limits ordinance restricting the eligible pool of persons who may seek appointment to a municipal board or commission raises potential constitutional questions. Possible implications are an infringement upon the fundamental constitutional rights of equal protection, liberty and the right of association, as well as procedural safeguards requiring that the council possess the authority to adopt an ordinance of this type. While there are no Oklahoma or federal judicial decisions addressing the constitutionality of term limits for those appointed to municipal boards and commissions, a number of courts have considered the constitutionality of term limits imposed by ordinance on municipal elected officials. These decisions have regularly upheld municipal term limits against substantive challenges asserted by both elected officials and the voting public under both the federal constitution and various state constitutions. [See Dutmer v. City of San Antonio, 937 F. Supp. 587 (W.D. Tex. 1996); Miyazawa v. City of Cincinnati, 825 F. Supp. 816 (S.D. Ohio 1993), aff d 45 F3d 126 (6t" Cir. 1995); Rudeen v. Denarrusa, 136 Idaho 560, 38 P.3d 595 (2001); Roth v. Cuevas, 158 Misc. 2d 238 (Sup. Ct. NY Co.), aff d 603 Ny.Y.S.2d 736 (App. Div. I" Dept.) affd 82 N.Y. 2d 791, 624 N.E. 689 (1993).] These decisions upheld the constitutionality of municipal term limits utilizing varied analytical approaches and legal reasoning. It is reasonable to assume that the framework for analyzing the constitutionality of an ordinance imposing term limits upon appointed board and commission members would not differ substantially or result in a different outcome than the cases cited above. A higher constitutional priority is generally imposed upon the right to seek elected office than the right to seek an appointment. Therefore, recognizing that the courts have traditionally upheld terror 'limitations placed upon elective offices, it is reasonable and sound to conclude that an ordinance establishing term limits for appointed officials would also be judicially valid and defensible. The primary requirements for an ordinance of this type to be deemed constitutionally valid are twofold. First, the ordinance, on its face and in actual application, must be neither arbitrary or capricious. Second, the method utilized by the ordinance to achieve its goal must bear a rational relationship to the objective sought to be accomplished. These inquiries are generally satisfied if the law applies to all candidates equally and is designed to accomplish a legitimate governmental purpose. In this case, the proposed ordinance would be applied to all appointees across the board, and would thus satisfy the first prong of that requirement. In addition, the purposes of the ordinance, to broaden community access to public service opportunities and ensure that the appointment process is fundamentally inclusive, are clearly legitimate public purposes which satisfy the second prong of the rational basis test. "�7.lFii'ri`f Upon determination that an ordinance establishing term limits for boards and commission members can reasonably be anticipated to survive challenges to its constitutionality, a second legal and procedural issue should be considered: Does the council have the authority to impose a qualifications of eligibility requirement upon board and commission appointees? Evaluation of this issue is compelled by decisions from several state courts nullifying ordinances of this type on the grounds that the city council lacked proper authority to enact the ordinance. A review of these decisions, however, reveals that the courts rendering these rulings did so based upon limiting language found in that state's constitution. This type of preclusionary language is typically found in what is labeled a "qualifications clause" or "universal eligibility clause." These clauses usually provide that every citizen, who is a legal resident of the state and a qualified elector, shall be eligible to hold any public office, and this has been interpreted to mean both elective and by appointment. (Specifically, the New Hampshire, Minnesota and New Mexico state constitutions, as well as others, contain provisions of this type and the courts of those states have held that its municipalities do not have authority to impose additional eligibility requirements upon public office holders.) Indeed, if a state's constitution contains a provision such as this, any legislative modification which alters or creates requirements to serve must be done by state constitutional amendment. Oklahoma's constitution does not contain a qualifications or public eligibility clause which would prohibit a municipality within this state from adopting a term limits ordinance. The Owasso City Charter specifically adopts and exercises the powers of home- rule granted by both the constitution 1J and statutes of the State of Oklahoma, and additionally reserves unto itself the fullest powers possible for a city operating under a home® rule charter. Accordingly, based upon the fact that the Oklahoma constitution contains no language legally precluding imposition of a term limits ordinance, and bolstered by the city's manifest appropriation of home -rule powers, it is reasonable to conclude that the council is empowered to implement term limit restrictions if it so chooses. Other Issues for Consideration The following are additional considerations and issues the council may wish to reflect upon in its evaluation of this proposed ordinance: Does the proposed ordinance address an issue of sufficient significance to warrant imposition of a uniform rule, or is the matter best considered on a case -by -case basis? Will the promulgation of a term limits restriction enhance and benefit the functionality and operation of the city's boards and municipalities? How might adoption of term limits affect composition of the boards and commissions from the perspectives of leadership, experience and the desire and willingness of individuals to continue service in excess of two terms? The proposed ordinance restricts board and commission appointees to two terms. Is this the desired length of maximum service? The ordinance additionally provides that an individual may be reappointed to a board or commission once two years have elapsed since he or she previously completed a term of appointment on that board or commission. Does the council wish to include a reappointment provision such as this within the proposed ordinance? If so, is the two year elapse time adequate or should it be lengthier? Should a person who concludes their service on one board or commission immediately be eligible for appointment to another board or commission? If an ordinance of this type is adopted, should the ordinance dictate that the term limit be imposed upon the effective date of the ordinance, or at the beginning of an individual's next term of office? In other words, should the ordinance be made applicable to those already serving board and commission terms, or should the term limit requirement become effective only upon the next set of board and commission appointments? The above are issues for the council's consideration and discussion prior to making a determination regarding the desirability and efficacy of the proposed ordinance. Proposed Ordinance I s "* a A MERM SECTION ONE (1)e fartTwo, Adm° istration and Gov nt, Chapter 1, General Provisions, of the Code of Ordinances of the City o so, Oklahoma, be enacted by providing and codifying as follows: SECTION 2-111 T E . , IMITATI W, FOR VICE ON BOARDS AND The limitations of servic ll in iduals appoint 'y the City Council to municipal boards and The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2005. Craig Thoendel, Mayor ATTEST: Sherry Bishop, City Clerk OU m" m TO: RODNEY RAY, CITY MANAGER CITY OF OWASSO FROM: JULIE TROUT L MBAR I CITY ATTORNEY PROPOSED ORDINANCE PROHIBITING EMPLOYMENT OF CITY COUNCIL MEMBERS =��IE�t�°1Zt10►�i The staff has received a request to research the issues relating to the enactment of an ordinance prohibiting a city council member from accepting employment by the city within a period of six months following the councilor's service on the council. Currently, § 2®1(b) of the City Charter prohibits a city council member from holding any office in city government by appointment of the city manager during the councilor's term, but this provision does not extend to the period of time subsequent to a council member's term of office. In accordance with the research request, staff has drafted a proposed ordinance for your review which prohibits the city manager from hiring a city council member for a period of six months following the termination, expiration or resignation of the councilor's term on the city council. It is worthwhile to initially note that a number of municipalities throughout the United States have adopted ordinances which prohibit former city council members at the conclusion of their terms from assuming employment with the municipality they have represented. The terms of prohibition generally range from six to twelve months, with an occasional ordinance prohibiting employment for up to eighteen months. The predominant reason behind enactment of these types of ordinances is an attempt to prevent the "revolving door syndrome" whereby a former council member moves immediately or within a short time from the elected position of councilor to the position of paid employee with a municipality. Adoption of these types of ordinances have been motivated by the desire of municipalities to: 1. Hire the most qualified applicant for an available position within the municipality and to ensure that the hiring decision is not influenced by a previous working relationship between the councilor and the city manager, 2. Ensure that positions are not created or 66tailor made" for a former city council member, but are instead legitimate, necessary needs for personnel, and, 3. Avoid even the appearance of impropriety and vigorously protect the integrity of all municipal hiring decisions Several issues are raised in consideration of this issue. first, it should be noted that an ordinance of this type Imposes employment restrictions upon the former councilor, and it must initially be determined whether or not such restrictions are potentially violative of the Equal Protection Clause of the United States Constitution. Historically, courts have viewed legislative enactments which restrict an individual's employment opportunities with at least moderate skepticism, particularly when the employing body is a governmental entity. Essentially, to avoid a successful challenge on grounds of equal protection, an ordinance must only permissibly and reasonably restrict an employment opportunity, and must not be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the courts in making these determinations is the rational basis test: Does the ordinance serve some permissible, rational and logical need of the municipality? Under the rational basis test, municipal restrictions enacted to prevent conflict of interest situations, as well as the appearance or actual presence of impropriety, are believed to be sufficiently justified and will survive federal constitutional challenge. While no federal court has definitively ruled on this precise issue, it is abundantly clear from existing law that municipalities are given wide latitude under the rational basis test to adopt ordinances facilitating the orderly and efficient operation of government. As long as the primary purpose of the ordinance is to eliminate potential incompatibility of positions or interests within the municipality, and thereby eradicate favoritism and the exercise of undue influence from the hiring process, the ordinance should pass Constitutional muster. The City Charter expressly provides that the council shall be empowered to enact ordinances regulating conflicts of interest and ethical matters in §8m14(b): b. "The council by ordinance or personnel rules may further regulate conflict of interests and ethics of officers and employeesof the city." Secondary to the question of whether the proposed ordinance is legally permissible and judicially defensible are determinations of whether or not such an ordinance is desirable and/or necessary for the City of Owasso. Several potential issues for the councilos consideration are presented below: ® Does enactment of this proposed ordinance allow the city to avoid the appearance of impropriety in the operation of government and hiring? Does passage of such an ordinance promote confidence and trust in Owasso's public employees and officials? Is such an ordinance needed by the city at this time? ® Is a generalized, all encompassing, restrictive rule the most efficient and appropriate method of addressing this issue? Recognizing that adoption of the proposed ordinance would prohibit employment of all city councilors for the six month period following their terms, does the council desire to adopt a restrictive ordinance of this type? Are personnel decisions to hire or not hire a former councilor best addressed within the framework of a legislative rule or better left to the discretion of the city manager on a case -by -case basis? Will adoption of the proposed ordinance enable the city manager to snake hiring decisions, free from influence, which provide maximum benefit to the city? Is, in fact, a negative public perception of city government potentially created when a former city council member is hired by the city immediately following their term, and does implementation of a six month prohibitive rule adequately address this problem? Is six months the desired and correct term for which employment should be prohibited? It should be noted in discussion of this issue, however, that courts have generally shown a reluctance to restrict an individual's employment inmost spheres beyond one year. In summary, the proposed ordinance provides that a city council member shall not be hired for a period of six months following his or her term of service, and expressly prohibits the city manager from hiring a former council member during that six month period. The ordinance additionally provides that it does not conflict with or alter the time requirements of §%®5 of the City Charter which states that a person who has been recalled from office, or resigned during the pendency of recall proceedings, may not hold a position of employment with the city for three years following the recall or resignation. The above are issues for the councilos consideration and discussion prior to making a determination regarding the desirability and efficacy of the proposed ordinance. i Proposed Ordinance THAT,BE IT ORDAINED BY THE COUNCIL OF ' SECTION ONE (1)a Part Two, Admil Provisions, of the Code of Ordinances of providing and codifying as follows: 111 1) SAL f[I] NIA GOVERNMENT, NANCES OF THE BY PROHIBITING R FOR A PERIOD OIL .SERVICE ON THE Chapter 1, General shall be enacted by jof six month`, owing his or her public service as a city the ci The city manager is hereby prohibited from wing the termination, expiration or resignation of Nothing within this section shall be construed to conflict with e ion 7-5 of the City Charter regarding employment with call or resignation during a recall proceeding. shall become effective thirty (30) days from the date of final PASSED by the City Council of the City of Owasso, Oklahoma on the day of .2005. Craig Thoendel, Mayor Sherry Bishop, City Clerk APPROVED as to form and legality this day of �� ' - __, 2005 Julie City TO- RODNEY RAY, CITY MANAGER CITY OF OASSO FROM- JULIE TROUT LOMBARDI CITY ATTORNEY DATE: lPT K_ 00 On August 9, 2005, staff brought a proposed ordinance before the city council which, if adopted, would prohibit the use of eminent domain within this city for economic development purposes. The staff was requested to research this matter and draft a proposed ordinance in response to the recent United States Supreme Court decision, Kelo L. City of New London, 125 S.Ct. 2655 which affirmed the right of a municipality to utilize eminent domain proceedings in furtherance of economic development. After discussion of this matter by the council, the issue was referred to the Owasso Economic Development Authority ("OEDA") for consideration. The OEDA met on August 11, 2005, and the general consensus at that meeting was that it is premature to adopt a prohibitive eminent domain ordinance at this time. Specifically, the OEDA expressed a desire to see what action may be taken by the Oklahoma Legislature during the upcoming legislative session before enacting a local ordinance. The OEDA additionally voiced concern about Owasso being the first municipality in Oklahoma to adopt an ordinance prohibiting the use of eminent domain for economic development purposes, and felt that a cautionary "wait and see" approach would better serve the needs of the community. Two Oklahoma legislators, Senator Clark Jolley and Rep. Mark Liotta, have formed a Joint Task Force to address the issues raised by the Kelo decision and the ramifications of those issues within Oklahoma. During the summer months, this ad hoc committee has held hearings and considered eminent domain legislative provisions from California, Utah, Alabama and Hawaii, and has heard legal arguments from interested parties on both sides of the eminent domain issue. As a result, the Task Force has informally drafted and adopted a model of legislative changes to be introduced in the next legislative session. A copy of that bill, entitled Protection of Homes, Small Businesses and Private Property Act of 2005, is enclosed for your review. As you can see, section 3(a) of the Act states that eminent domain shall only be available for public use, and section 3(b) then specifically states that "public use" shall not be construed to include economic development. Based upon this language, it would appear that the effect of the Kelo decision would be entirely nullified in Oklahoma if this Act should be passed by the legislature. In addition to legislative action, the Kelo issue is also being considered in the Oklahoma courts. Specifically, the Oklahoma Supreme Court currently has a case, The Board of County Commissioners v. Lowery, pending on appeal from the District Court of Muskogee County involving the exercise of eminent domain powers by a governmental entity for purposes of economic development. Interestingly, the Oklahoma Supreme Court has on three prior occasions determined that "public use" included economic development (in Enid -retaining Phillips University, in Warr Acres -attracting a Super Wal Mart, and in Oklahoma City -allowing sales tax to finance eligible public schools). However, subsequent to the Kelo decision and the public concern and scrutiny it has generated, it would not be surprising if the Oklahoma Supreme Court declined to follow these previous decisions as precedent and instead ruled that, in this particular case, the economic development goals of Muskogee county were not permissible within the definition of "public use." As discussed in staff s previous memorandum, while Kelo did not effect a change in the substantive law regarding eminent domain, the public's perspective and awareness of this issue radically changed. It is foreseeable and likely that not only will state legislatures respond with sympathy to this change in perception, rulings from the state courts will be affected as well. Interestingly, in the Lowery case, the Court of Appeals has already reversed the district court and held that under these circumstances, economic development was not a valid public use. The Oklahoma Supreme Court has accepted certiorari and will likely issue an opinion within the next six to twelve months. Therefore, it is possible if not probable, that both legislative and judicial law and rulings will be forthcoming in Oklahoma at approximately the same time during 2006. The eminent domain issue will additionally be considered by the federal government with Congressional hearings scheduled to begin this month. Since June, members of Congress have been bombarded with requests from property rights groups and advocates to take legislative action limiting the scope of eminent domain. Nine bills have currently been introduced in the house and the senate that would impose various levels of limitation on state and local authority to exercise eminent domain. It is expected that both chambers of commerce will push to enact some form of eminent domain legislation within the year. Memorandum dated August 9, 2005 Proposed Ordinance Proposed "Protection of Homes, Small Businesses, and Private Property Act of 2005" I TO: RODNEY RAY, CITY MANAGER CITY OF OASSO FROM. JULIL TROUT LOMBARDI CITY ATTORNEY SUBJECT- PROPOSED ORDINANCE PROIII ITNG USE OF EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT On June 23, 2005, the United States Supreme Court rendered a decision in Kelov City of New London, 125 S.Ct. 2655, which upheld a municipality's right to take private property through the exercise of eminent domain for purposes of economic development. The United State Supreme Court affirmed in Kelo the right of a municipality to acquire property from one party through eminent domain, and then to transfer that property to a second party if doing so is in furtherance of the city's economic development. The power of eminent domain flows fiom the 51h Amendment of the United States Constitution, which allows government to take private property for "public use" and requires payment of "just compensation." It is well settled within our judicial system that property may only be taken from an individual by eminent domain if doing so serves a public purpose. Historically, "public purpose" has been defined by the courts to include the taking of blighted property for purposes of improvement through urban renewal, the taking of property for public ownership and other takings which resulted in clear benefit and/or use by the public. However, neither the Supreme Court nor the federal appellate courts have previously extended the definition of "public use" to include the taking of property purely for the purpose of economic development. The Supreme Court did so in Kelo, thereby empowering municipalities to expand their use of eminent domain such that property may now be taken from one party, upon payment of appropriate compensation, and transferred to another party for development which is economically advantageous to a city. The Kelo decision is controversial, and has generated concern among municipal governments, homeowners, citizens groups and property right advocates. Specifically, the Court's opinion has given rise to fear among homeowners and business owners that their property may permissibly be taken by a municipality if doing so will result in economic revitalization for the city i :11 Responsive to these concerns, Mayor Thoendel requested that staff research this issue and draft an ordinance specifically prohibiting the taking of private property through eminent domain solely for purposes of economic development by the City of Owasso. The staff has drafted a proposed ordinance for your review which prohibits the taking of property solely for purposes of economic development, DISCUSSION ISSUES - It is worthwhile to determine initially how, if at all, Kelo has actually changed the law as it relates to the taking of property through eminent domain by cities. While this decision for the first time confirms that cities may take property by eminent domain solely for purposes of economic development, Kelo did not make new law. In point of fact, the Court's opinion noted that "promoting economic development is a traditional and long accepted function of government," Kelo at 2655. The Court further noted within its opinion that "economic development" fulfills a public purpose as required by the takings clause within the 5t" Amendment. Given that Kelo is an affirmation of government's powers to take land for economic development rather than new law, how should the City of Owasso best respond to the decision? Although the law has not substantively changed, the public's perception and awareness of this issue has markedly increased and is significant. Several potential issues relative to the issue are listed below for the Council's consideration. ® Does sufficient reason exist for the Council to take action at this time? The Supreme Court's decision is quite recent and the fullness of its effect and ramifications have yet to be seen. Is this an appropriate time for the Council to consider enaction of a prohibitive ordinance? ® Following the Kelo decision, the majority of cities will likely show a propensity to consider ways private property may be utilized through eminent domain for purposes of economic growth and development. While no legal prohibition obviously exists to preclude such actions, are there philosophical prohibitions or moral constraints which prevent the City of Owasso from doing likewise? Historically, cities in Oklahoma have not instituted condemnation proceedings in great abundance. Assuming this trend is altered in light of Kelo, does the Council wish to take a preemptive, prohibitive stand on this issue? Are the City's needs best served by enacting a preclusive ordinance at this time, or by deferring such action until the full force and effect of Kelo are determined through the passage of time? ® Kelo expressly reserves to the states the right to enact restrictive legislation imposing "public use" requirements exceeding those of the federal government. Two Oklahoma State legislators have formed a Joint Task Force to consider the ramifications of the Supreme Court's ruling and to discuss what types of legislation the Oklahoma legislature might enact in response. It is likely, if not guaranteed, that some type of restrictive ►N legislation will be proposed in the upcoming legislative session. Does the Council wish to enact an ordinance prior to passage of legislation by the legislature? * Nothing within the Kelo decision abrogates the need for the Council to approve each proposed taking of land. Consequently, the Council has the option of declining to enact a blanket ordinance and evaluating each proposed taking on a case by case basis instead. Adoption of the proposed ordinance would entirely eliminate the Council's power to take property by eminent domain, with the payment of appropriate compensation, and utilize the properly for economic development. This ordinance would be controlling regardless of how lucrative or beneficial a proposed project might be for the City of Owasso. Does the Council wish to place binding restrictions upon itself which would compel the Council to refuse all proposals of this type? Do potential projects exist in which the City might wish to exercise eminent domain for purposes of economic development? if a major manufacturer wished to locate in Owasso and such desire was contingent upon obtaining a particular parcel of land, would the Council desire to have the autonomy to consider the proposal on its own merits? Would the Council prefer that the project presumptively be declined due to an ordinance prohibiting takings of property for economic development? This ordinance is narrowly tailored to prohibit takings which are solely for purposes of economic development. However, the City may increase its exposure to litigation by adopting this ordinance. Property owners whose property is taken by eminent domain for any reason may well claim that the taking is in furtherance of economic development and pursue litigation. Do the benefits of enacting an ordinance prohibiting the taking of property for economic development outweigh the potential costs of litigation? The above are issues for consideration and discussion prior to reaching a decision regarding the desirability and feasibility of the proposed ordinance. E111,111IYIItr�1:1�/1► Proposed Ordinance 3 411111 A) 9iI I rR AN ORDINANCE RELATING TO PAIN TWELVE, PE A ING, ZONING �`Y DEVELOPMENT, CHAPTERS, Ei INENP OI AIN REMNS, OF THE CODE OF ORDINANCES OF 'THE CITY OP OWASSO, O All � .,� ��AMENDING SAME Y PROHIBITING `THE'TA N OF P ; _, MATE PROPE T qNEVI" DOMAIN FOR PURPOSES OF ECONOMIC DEVELOPMENT.1116 . Q._ THAT, TO -WIT: SEC`T'ION ONE (1)a Part Twelve, P Domain Regulations, of the Code of Or enacted by providing and codifying as f A. Notwithstan use eminent solely fp-p IM Zoning & M of the City o ent, Chapter 5, Eminent �o, Oklahoma, shall be MIMI �� nnx � of law, i � xtr this city not any of its subdivisions shall ioperty;yr. ithout the consent of the owner, to be used B. comic Develo The79 . "economic development" shall be defined as any activity :✓;} ed to increase -evenu tax base, employment or the general economic health of this " .. tt ,when that act $ doeAot result in: 1c- r sft 9 f land to public ownership, such as for a road, hospital or government facili _:' he transfer of land to public ownership which will be utilized for public use; 4491, 2.) The transfer of land to a private entity that is a common carrier, such as a railroad or utility; 3.) The transfer of property to a private entity when eminent domain will remove a harmful use of the land, such as the removal of a public nuisance, or will remove a structure that is beyond repair, blighted, or unfit for human habitation or use; 4.) The transfer of abandoned property to public ownership. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state late. PASSED by the City Council of the City of Owasso, Okiah- 'i'VE on"the day of 2005, INS MINIS Sherry Bishop, City Clerk MI 2 EI I protection of homes, smal-I businesses, and other private property rights against govemment seizures aud other unreasonable goyexnment intfrference is a fundamental principle and core conirnitment of our Nation's Founders. (2) As Thomas kfferson wrote on April 6, 1916, the, protection of such d ghts is "'the, firs) k" fike I Lem tp r-vrx Iiia R IND 11tog Rmal'i it'll wgn WA (3) The Fifth Amendment of the, United States Constitution specifically provides that "private property" shall not "be taken for public use without just compensation". (4) The Fifth Amendment thus provides an essential guarantee of liberty against the abuse of the power Of erninent domain, by permitting government to seize private property only "for public use". (5) On June 23, 2005, the United Stags Supreme' Court issued its decision in Kelo v. City of New London, No. 04-108. (6) As the Court acknowledged, "it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B", and that under the Fifth Amendment, the po.wer of erMnent domain may be used only "for public use". (7) The. Court nevertheless held, by a 54, vote, that government may seize the home, small bl%intss''Or other private property of one owner, mid transfer that same property to =I