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HomeMy WebLinkAbout2017.01.10_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work sessionI�� PUBLIC NOTICE OF THE MEETING OF THE Jatf 0 6 L011 ,7 OWASSO CITY COUNCIL, OPWA & OPGA city clerk'sa l� Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, January 10, 2017 - 6:00 pm 1. Call to Order Mayor /Chair Lyndell Dunn 2. Discussion relating to Capital Improvement Project (CIP) funding Warren Lehr Linda Jones 3. Discussion relating to the Festival Park design Larry Langford GH2 Architects 4. Presentation and discussion relating to the results of the water model update of the Owasso Public Works Authority's Water Distribution System Roger Stevens TER Engineering, LLC 5. Discussion relating to Community Development items Bronce Stephenson A. Final Plat -Keys Landing II, on the west side of N 129 E Ave approximately '' /z mile south of E 76 St N, south of Keys Landing I B. Rezoning and Plat Waiver - 304 N Main Street from RS -3 (Single - Family Residential High Density) to CS (Commercial Shopping) 6. Discussion relating to the Policy Guide Document for the Owasso Redbud District - Increment District No. 1 (TIF) Bronce Stephenson 7. Discussion relating to Amending the Owasso Code of Ordinances - Part 10, Chapter 8, Alarms Scott Chambless 8. Discussion relating to the grass island located in the cul -de -sac adjacent to the driveway at 8925 N 119 E Avenue (presented by Kathryn Helton during the December 20, 2016 Council meeting) Warren Lehr 9. Discussion relating to Board & Committee vacancies Mayor Lyndell Dunn 10. Discussion relating to City Manager items Warren Lehr • Monthly sales tax report • City Manager report Owasso City Council, OPWA & OPGA January 10, 2017 Page 2 11. City Council /Trustee comments and inquiries 12. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, January 6, 2017. Sherry B ity Clerk — sd nTity Wit out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Water Model Update TBR Engineering - Presentation DATE: January 6, 2017 BACKGROUND: In June 2015, the City Council approved an engineering service agreement with TBR Engineering, L-C, of Broken Arrow, Oklahoma to update the water model for the City's water distribution system. The scope of work included calibration of the model, updating fire flows, tank levels, operation of the pressure zones and operations of the new improvements made since 2012. The purpose of the update will determine improvement needs to the existing system to accommodate the rapid growth Owasso has seen since 2012 and determine the next area of upgrade needs. In the fall of 2016, the model update was completed by TBR Engineering, L-C, of Broken Arrow, and the results were presented to staff. After thorough review of the results, staff agrees with the recommendations provided by TBR Engineering to improve the water distribution system. PROPOSED ACTION: The item will be placed on the January 10, 2017, Work session Agenda for discussion. TBR Engineering, LLC, of Broken Arrow will present their findings to the Council and address any questions or comments the Council may have. � �-? Sd The City Wi out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Final Plat - Keys Landing II DATE: January 6, 2017 BACKGROUND: The City of Owasso received an application for review and approval of a final plat for Keys Landing II. The property is located south of Keys Landing I, located on the west side of N 129th E Ave approximately A mile south of E 76th St N. This will be the first phase of the Keys Landing II residential development. SURROUNDING ZONING: Direction SUBJECT PROPERTY /PROJECT DATA: Property Size Zoning Use Land Use Plan Jurisdiction Single-Family Residential RS -3 (Single- Single Family Number of Reserve Areas City of North Family Housing Residential Owasso Rogers County Rural #3 Residential Storm siren fee of $35 /acre; $1580.00 /acre Elm Creek Sanitary Sewer Payback Streets (public or rivate Public Streets South AG Undeveloped Residential Tulsa County (Agriculture) Flood lain East AG Large Lot Residential Tulsa County (Agriculture) Residential West RE (Residential Large Lot Residential Tulsa County Estates ) Residential SUBJECT PROPERTY /PROJECT DATA: Property Size 38.63 acres Current Zoning RS -3 Proposed Use Single-Family Residential Lots /Blocks 65 lots in 5 blocks Number of Reserve Areas 5 Within PUD? None Within Overlay District? None Water Provider Rogers County Rural #3 Applicable Paybacks /Fees Storm siren fee of $35 /acre; $1580.00 /acre Elm Creek Sanitary Sewer Payback Streets (public or rivate Public Streets ANALYSIS: The Final Plat for Keys Landing II proposes 97 lots in 4 blocks on 38.63 acres, yielding a gross density of 2.51 lots /acre. The property was annexed under Ordinance 868 in July, 2006, and rezoned under Ordinance 875 in August, 2006. The zoning for the property is RS -3, which requires minimum lot widths of 65 feet, front setbacks of 25 feet, rear setbacks of 20 feet, side yards of 5 feet and minimum lot sizes of 7,000 square feet. All of the proposed lots meet the lot size and dimensional requirements of the RS -3 Zoning District. The Preliminary Plat for Keys Landing If was reviewed and approved by the Planning Commission in July, 2007. Keys Landing II will complete the entire Keys Landing development, which will have a total of 204 lots at build out. The Final Plat shows a large draining easement (Reserve Area E) that will serve to detain water for the entire Keys Landing development. Reserve Area E was constructed at the time Keys Landing I was developed and was sized to account for the runoff generated from the entire development. Reserve Area C denoted on the plan will serve to convey the water from Keys Landing into Reserve Area E. Perimeter and interior utility easements, shown on the final plat, will provide utility companies adequate access to provide and maintain service to the proposed development. Any development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. PLANNING COMMISSION: The Planning Commission will review this item at their meeting on January 9, 2017. ATTACHMENTS: Aerial Map Final Plat, Keys Landing II Keys Landing II ` 1" = 752 ft Final Plat 12/20/2016 �: <' S This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date information. P I r �rw° ` .. .'I a �,'`�1 G v ;�. •_;;. _ �, � -'ia ,,uy% f .w �' �urar � . -aa _ - — L N:.. j � w - 1 P Rao E. ae za tea zagl kza 2 za] 22 ^•�21 �� a] 1-7 ;] .� 8 ]2 9 / la \ ii.�'j r °.'.paFl f� G �t ¢ 4 � Pd�� r a•J 3 6 2¢i L . N6 � Prselw -•e ,N 9�'u :. .. T ..a �e ♦� -.a 1T, a p I Lot Addresses 4a�xm. ro °1u,�.�em+�awwi�°vwvs'•d�' deamyrp.. Zonin m....mri.,.ee... Scale Factor =.w 3•a lo`. ..en ys p�ae ! �w� . � 13 V� a0 �. • 2G / r \v � � • zx r }la 20 S ` 2 BenchmarkO 0® Om TukeE BNeerllgamPlanni SURVEYOR adma.iric. Keys Landing II �® awET i..1. lm — A subdivision in the of a being a part of the of Section 32, —, .al• the ri nT T -21 -N. R -14 -E. of the Indian Meridian, Tulsa County, Slate of Oklahoma inn late iT 1 / / _ 111: La �M a,Keys Lan in 31r a Slat No. 613 O P I r �rw° ` .. .'I a �,'`�1 G v ;�. •_;;. _ �, � -'ia ,,uy% f .w �' �urar � . -aa _ - — L N:.. j � w - 1 P Rao E. ae za tea zagl kza 2 za] 22 ^•�21 �� a] 1-7 ;] .� 8 ]2 9 / la \ ii.�'j r °.'.paFl f� G �t ¢ 4 � Pd�� r a•J 3 6 2¢i L . N6 � Prselw -•e ,N 9�'u :. .. T ..a �e ♦� -.a 1T, a p I Lot Addresses 4a�xm. ro °1u,�.�em+�awwi�°vwvs'•d�' deamyrp.. Zonin m....mri.,.ee... Scale Factor =.w 3•a lo`. ..en ys p�ae ! �w� . � 13 V� a0 �. • 2G / r \v � � • zx r }la 20 S ` 2 BenchmarkO 0® Om 0� Om °� a+r., a rm meW mwn.+ml —, BackllaN Preventer Valve .u~•..nw lbm�•iamYV�r n.F4a wim °mom OWNER I DEVELOPER Kays Lancing D.ZpsmEnt L.L.C. Nm 61VT.MVyor Plela2EeR'a�w PI Nanll i b Local) Map FILE N S . I'.2w Legend Monument Notes Basis of Beadnp ryaw •u�,n..' ws�aMaa. w'�'in aEaTIfIGTEaF FxRLauTMlTgvu 1 �arymmya..wr eEwmm_as M �Rvuwa s..b_ra.n 'r— rq.s >aa Keys Landing 11 '.aq PlspaNm: SOgmmM3at%B 6M1n]Ma 0® Om 0� Om °� i.I® c wim °mom �M _ O ars. C9 OWNER I DEVELOPER Kays Lancing D.ZpsmEnt L.L.C. Nm 61VT.MVyor Plela2EeR'a�w PI Nanll i b Local) Map FILE N S . I'.2w Legend Monument Notes Basis of Beadnp ryaw •u�,n..' ws�aMaa. w'�'in aEaTIfIGTEaF FxRLauTMlTgvu 1 �arymmya..wr eEwmm_as M �Rvuwa s..b_ra.n 'r— rq.s >aa Keys Landing 11 '.aq PlspaNm: SOgmmM3at%B 6M1n]Ma Sd OTheCityWiii out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Rezoning OZ -16 -11 & Plat Waiver for 304 N Main St. DATE: January 6, 2017 BACKGROUND: The City of Owasso received for review and consideration a rezoning application for property located at 304 N Main St. The property, which has never been platted, is 0.72 gross acres in size, with 0.25 acres of undedicated City right -of -way. If the right -of -way area is subtracted out of the total acreage, then 0.47 acres remains. The property falls within the recently approved TIF District and is within the amended Downtown Development District on the Land Use Plan. However, the property does not fall within the Downtown Overlay District defined in the Zoning Code. The applicant requests that the zoning be changed from RS -3 (Single - Family Residential High Density) to CS (Commercial Shopping). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction RS -3 (Single - Family Single Family Downtown North Residential High Home Development City of Owasso Density) District South CS (Commercial Commercial Downtown Development City of Owasso Shopping) Parking Lot District RS -3 (Single - Family Residential High Single Family East Density) CS Home Residential City of Owasso (Commercial Sho in RS -3 (Single - Famlly Single Family West Residential High Home Residential City of Owasso Density) SUBJECT PROPERTY /PROJECT DATA: Property Size 0.72 gross acres Current Zoning AG A iiculture Proposed Use Commercial Lots /Blocks N/A Land Use Plan Downtown Development District Number of Reserve Areas N/A Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm siren fee of $35 Streets (public or private) N/A ANALYSIS: The applicant is requesting CS (Commercial Shopping) zoning be applied to the property. The property falls within the Downtown Development District on the recently amended Land Use Master Plan, which allows CS zoning and encourages development to be pedestrian in scale and low intensity commercial development. Additionally, mixed use structures, with office or retail on the ground floor and loft apartments above are also encouraged in this area. A description of the Downtown Development District from the Land Use Master Plan is shown below. "'Downtown Development Distrlct Part of the adopted 2004 Downtown Plan, this area is identified as a key redevelopment area. Industrial uses and intensive commercial zoning should be avoided. Rather, low intensity pedestrian scale commercial. office, and residential uses above retail should be encouraged, as well as athactive architecture. Signage should also be carefully controlled with an emphasis on pedestrian scale. Consideration should be given to one or more of the following: implementation of mixed use zoning or form based codes, preparation of small area plan, preparation of an overlay district, and formation of an architectural review board. The CS zoning requested is the most common commercial zoning found in Owasso and allows for a variety of retail oriented uses. Commercial zoning and uses are located to the south of the property and residential uses to the north, west and east. The size of the property typically dictates the intensity of the use. The subject property is 0.72 gross acres in size, however approximately 0.25 acres includes the right -of -way on Main Street. This property was never platted and therefore no dedications ever occurred, yet easement has allowed City streets and services within the undedicated portion. Because the net size of the tract is only 0.47 acres, it will self - govern the intensity of use that can occur on the property. Further, if any redevelopment occurs on the tract, it would have to accommodate for parking and landscaping, which will dictate the size of any structure placed on it. Since zoning cannot be approved with conditions, this case involves two actions. One is for the rezoning and the other is for a plat waiver subject to conditions. According to the City of Owasso Subdivision Regulations, Section 1.5, Subdivision Plat Requirement and Waiver, the Planning Commission and City Council have the authority approve plat waivers in situations where platting would not yield additional benefits to the City. It is within the City's authority to approve a plat waiver, subject to conditions similar to some lot split approvals. Because this property was never platted, the right -of -way was never dedicated along Main Street in this location. The right -of -way can be obtained with a general warranty deed, therefore staff does not believe that platting is necessary. There are no utility easements on the property, but there is a 5' utility easement on the property immediately to the west that also contains a sewer main. Considering this, it is recommended that an 11' utility easement be provided along the west boundary of the subject property to ensure an adequate easement for any future utility expansions. The remainder of the property appears to be adequately served with utilities and has room for only one point of access. If the aforementioned items are made conditions of the plat waiver, staff believes that platting the property would not yield any additional benefits to the City and therefore is not necessary. However, any development that occurs on the subject property, including upfits or expansions, must adhere to all subdivision, building code, zoning, and engineering requirements including, but not limited to, landscaping and parking requirements. The City of Owasso will provide Police, Fire, EMS, and sanitary sewer and water services to the property. PLANNING COMMISSION: The Planning Commission will review this item at their meeting on January 9, 2017 ATTACHMENTS: Aerial Map Zoning Map Land Use Map WAIN' IW 3RD STI Cs A "--* a .e 304 N Main St > BXJ t OWN Z EN � D � Z 209 T e I 9sh 1" = 94 ft Rezoning 12/2012016 li �I ' . 5 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions- To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date Information. �!� �_ ■111 1 1111© �11111111� -1 11111111 ■■ -� _ 111 111 ■�����■ ■� _e .. , . , ■ � � 11111111��11�` \ ■1 � �' ■11� ■11111■ � � r / ■ ■ ■ a11�� ►��IIII � C . � \1111 ■ill � ■ � ■ ■�_ e \ ■1� 11! ■ 12 11■ ; X11.0 1111. 111111 ■ ■■ ® ��. ■11� _ PSI `1 ■ ■■ o 0 Owasso Corporate Limits OZ 16 -11 Land Use Plan LEGEND Land Use Categories -commercial -Industrial/Regional Employment Neighborhood Mixed Use (Light Office, Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) Parks/Recreation _ PubliUlnsdANonal /Quasi Public Residential Transitional ( Adached housing, duplexes, offices) ® US -169 Overlay District ® 'Glenn- MurAddifion Special District ® •- Downtovm Development Dislrid 100yr Floodplain Planned Trail/On-Street Bikemutel Complete Street Existing trail A Fire Station Existing Public School oP Future Public School *. Civilian Airship Future Pads and RidelTransit Stop © Hospital Q Public Park o Goff Course ttt Cemetery ***Downtown Development District Part of the adopted 2004 Downtown Plan. this area is identified as a key redevelopment area. Industrial uses and intensive commercial zoning should be avoided. Rather, low intensity pedestrian scale commercial, office, and residential uses above retail should be encouraged. as well as attractive architecture. Signoge should also be carefully controlled with an emphasis on pedestrian scale. Consideration should be given to one or more of the following: implementation of mixed use zoning or Form based codes, preparation of small area plan, preparation of an overlay district, and formation of an architectural review board. s� nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Owasso Redbud District - Increment District No. 1 Policy Guide Document DATE: January 6, 2017 BACKGROUND: On December 20, 2016, the City Council voted 5-0 to approve the creation of Increment District No. 1, creating the TIF District covering the downtown Owasso Redbud District area. As discussed during the process, staff is now working with the consultant from Center for Economic Development Law to create the Policy Guide Document based on input from staff, community stakeholders and the City Council. This meeting will provide the initial opportunity for the Council to discuss the Policy Guide Document with staff and to provide input to be included in the creation (if the document. Attached is the approved Project Plan which acts as the guide for the creation of the Policy Document as it spells out the TIF approval specifics. Staff intends to bring a draft of the Policy Guide Document to the February work session for discussion and possible action at a'subsequent meeting. ATTACHMENTS: Approved Project Plan Adopted December 20, 2016 OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1, CITY OF OWASSO PREPARED BY: THE CITY OF OWASSO, OKLAHOMA ENE O \Sy OF OWAS,3 O Ox O�i \NO OF HS 'T WITH THE ASSISTANCE OF: CENTER FOR ECONOMIC DEVELOPMENT LAW 301 North Harvey, Suite 100 Oklahoma City, Oklahoma 73102 (405) 232 -4606 econlaw @econlaw.com OWASSO REDBUD DISTRICT PROJECT PLAN I. INTRODUCTION The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local Development Act, 62 O.S. §850, et seq., and is referred to here as the "Project Plan." The project is being undertaken by the City of Owasso, Oklahoma ( "City ") to develop the area surrounding Main Street, known as the Redbud District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is the creation of the Redbud District as a special and unique place within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that time, through several planning documents, including approval of the Downtown Overlay District promoting smart development in the area, and robust branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is continuing its effort to revive its downtown and make the Redbud District a destination area for residents and visitors. The effort to create such a place requires public assistance to stimulate private development. This Project Plan is a critical element in fostering public - private partnerships to create the type of development that the City seeks but can achieve only by means of the financing tools available under the Oklahoma Local Development Act, including tax increment financing. An increment district provides funding for public sector costs to stimulate private development and provide improvements to and beautification of the area to create the dense, high - quality development that the City contemplates. The project will be financed from a combination of public and private sources, including apportionment of ad valorem and sales tax increments from Increment District No. 1, City of Owasso. II. BOUNDARIES OF PROJECT AREA AND INCREMENT DISTRICT The Project Area is the area in which project activities will take place and is generally located within the following boundaries: beginning at the western terminus of North Carlsbad Street, east along West 3rd Street to the east side of North Atlanta Street, north one lot, then east one lot, then north to West 4th Street, then east along West 4th Street to North Main Street, south to one lot north of West 3rd Street, then east along West 3rd Street to one lot before Cedar Street, south to East 2nd Street, then east along East 2nd Street to the west Owasso Expressway service road, then south along Owasso Expressway to East 71st Street, west generally along East 71st Street to South Main Street, north to West 5th Avenue, west to North Mingo Road, north along Mingo Road to West 2nd Avenue (E 76th St N), east along West 2nd Avenue to the western side of the Owasso Sertoma Center, north to the railroad tracks, then across the railroad tracks back to North Carlsbad Street and West 3rd Street. The Increment District is designated Increment District No. 1, City of Owasso, and is the area from which the increment is generated. Increment District No. 1 is the same area as the Project Area. The Project Area and Increment District No. 1 boundaries are depicted on Exhibit A. The Project Area and Increment District No. 1 boundaries are described on Exhibit B. 1 III. ELIGIBILITY OF PROJECT AREA Most of the Project Area is an enterprise area, as defined by the Oklahoma Local Development Act. It lies within an enterprise zone, designated by the Oklahoma Department of Commerce to be a disadvantaged portion of the City of Owasso. All of the Project Area is a reinvestment area, as defined by the Oklahoma Local Development Act. Public improvements are required to reverse economic stagnation or decline, to serve as a catalyst for expanding employment, to attract investment, and to preserve and enhance the tax base. Investment, development, and economic growth in the area are difficult, but possible if the provisions of the Oklahoma Local Development Act are used. The Project Area is unproductive, undeveloped, underdeveloped, or blighted within the meaning of Article 10, §6C of the Oklahoma Constitution, and suffers from conditions inhibiting development. IV. OBJECTIVES The principal objectives of the project and Increment District No. 1 are: A. To achieve development goals and objectives for the Redbud District contained in the Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030 Land Use Master Plan. B. To preserve and enhance the tax base and make possible investment, development, and economic growth that would otherwise be difficult without the project and the apportionment of incremental ad valorem and sales tax revenues. C. To support the creation of attractive, high - quality, and viable mixed -use developments to draw residents and visitors. D. Where appropriate, to support the development, improvement, and /or expansion of light industry to increase employment. E. To encourage existing property and business owners in the Redbud District to invest and to attract new investment and business to the Project Area. F. To provide start-up and incubator space to new and expanding businesses and to promote small- business - friendly opportunities for innovation and collaboration in the Project Area. G. To stimulate and promote the Redbud District as a walkable, vibrant destination. H. To provide a public benefit through the construction of public infrastructure and improvements to allow for the development of the area. V. STATEMENT OF PRINCIPAL ACTIONS Implementation actions for the project, including all necessary, appropriate and supportive steps, will consist principally of the following: 2 A. Project planning, design and approval. B. Public infrastructure improvements. C. Development of mixed -use projects, as well as retail, restaurant, residential, and office projects. D. Enhancement of existing businesses and encouragement of new businesses. E. Creation of start-up and incubator spaces for new and expanding businesses. VI. ESTABLISHMENT OF INCREMENT DISTRICT NO. 1, CITY OF OWASSO A. This Project Plan creates Increment District No. 1, City of Owasso, an ad valorem and sales tax increment district. B. The sales tax increment is a portion of the City's sales taxes generated within Increment District No. 1, to be determined by a formula to be approved by resolution of the Owasso City Council in accordance with the Oklahoma Local Development Act. C. The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases in the value of property within Increment District No. 1. D. The ad valorem and sales tax increment may be used to pay Project Costs authorized by Section VIII of this Project Plan for a period not to exceed twenty -five (25) fiscal years from the effective date of Increment District No. 1, as provided by law, or the period required for payment of the Project Costs authorized by Section VIII, whichever is less. During the period of apportionment, the tax apportionment fund (1) shall be available to pay Project Costs under Section VIII, (2) shall constitute special funds of the City, or, at the direction of the City, the Owasso Public Works Authority, a public trust, or another public entity designated by the City, and (3) shall not be subject to annual appropriation as a part of the general fund of the City. VII. PROJECT AND INCREMENT DISTRICT AUTHORIZATIONS A. The City is designated and authorized as the principal public entity to carry out and administer the provisions of this Project Plan and to exercise all powers necessary or appropriate thereto as provided in the Oklahoma Local Development Act, 62 O.S. §854. B. The Owasso Public Works Authority (OPWA), or another public entity designated by the City pursuant to Section VI, is authorized and designated to carry out implementation actions for the project, including all necessary, appropriate, and supportive steps pursuant to development agreements with private developers. Such public entity is also authorized and designated to carry out those provisions of the project related to issuance of bonds or notes as provided in Sections 854(B) and 863 of the Oklahoma Local Development Act, subject to approval of the governing body of the City of any 3 specific notes or bonds. OPWA is authorized to assist in carrying out this Project Plan and to exercise all powers necessary or appropriate thereto pursuant to Section 854 of the Oklahoma Local Development Act, except for approval of this Project Plan and those powers enumerated in paragraphs 1, 2, 3, 4, 7, 13 and 16 of Section 854. As a public entity designated by the City, OPWA or another public entity designated by the City is authorized to: (1) issue tax apportionment bonds or notes, or both; (2) pledge revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section VIII of this Project Plan; (4) provide funds to or reimburse the City for the payment of Project Costs and other costs incurred in support of the implementation of the project; and (5) incur the cost of issuance of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with them. Project Costs shall mean (a) the public costs authorized to be paid pursuant to Section VIII of this Project Plan, and (b) costs necessary or appropriate to implement this Project Plan other than costs authorized by Section VIII, which may be authorized without amendment to this Project Plan. C. The City Manager, Warren Lehr, or his successor in office shall be the person in charge of implementation of the Project Plan in accordance with the provisions, authorizations, and respective delegations of responsibilities contained in this Project Plan. VIII. BUDGET OF ESTIMATED PROJECT COSTS TO BE FINANCED BY TAXES APPORTIONED FROM INCREMENT DISTRICT NO. 1, CITY OF OWASSO A. The Project Costs will be financed by the apportionment of ad valorem and sales tax increments from Increment District No. 1. The Project Costs categories are: Assistance in Development Financing $ 13,800,000.00 Public Infrastructure, Facilities, and Improvements $ 3,000,000.00 Implementation and Administration $ 200,000.00 TOTAL Project Costs $ 17,000,000.00 Plus any financing costs, costs of issuance, necessary or appropriate reserves, and interest on repayment of Project Costs. B. Additional costs necessary or appropriate to implement this Project Plan that are to be financed by other than apportioned tax increments may be approved by the City at any time. The provisions of this Section VIII are not a limitation on Project Costs to be financed by other than apportioned tax increments. C. Assistance in Development Financing will be provided only for projects that are determined, in the City's and /or OPWA's discretion: (1) to meet the City's approved development goals and objectives for the Project Area, as expressed from time to time in the City's plans and policies, and (2) to provide adequate consideration and public benefit in return forthe public investment. 2 IX. FINANCING PLAN AND REVENUE SOURCES A. Financing Plan. Some public improvements, in anticipation of private investment, will be funded by the City from sources other than apportioned tax increments, which may be reimbursed once increment is generated by the development within Increment District No. 1. Private developers within the Project Area may be required to construct the necessary improvements for specific projects at their initial expense. The financing of private developments will be provided by private equity and private financing. Most Project Costs incurred in connection with the implementation of the Project Plan will be financed on a pay -as- you -go basis. B. Financing Authorizations. Without assistance, development of this type and on this scale within the Project Area would not occur. The implementation of the Project Plan shall be financed in accordance with financial authorizations, authorized from time to time by the City. C. Financing Revenue Sources. The revenue sources expected to finance Project Costs authorized by Section VIII are the incremental ad valorem and sales tax revenues attributable to investment and development within Increment District No. 1. D. Financial Reports and Audits. The development activities undertaken by the City, pursuant to this Project Plan, shall be accounted for and reported by the appropriate and necessary annual fiscal year audits and reports. E. Other Necessary and Supporting Costs. OPWA or another public entity designated by the City pursuant to Section VI, is authorized to issue bonds and notes and to apply for and obtain grants from other sources for costs incurred or to be incurred in connection with the project and the construction of improvements therein in addition to Project Costs to be financed pursuant to Section VIII. X. PRIVATE AND PUBLIC INVESTMENTS EXPECTED FOR THE PROJECT A. Private and Public Investments Expected from the project and Increment District No. 1. The total private investment in the Project Area if fully realized is estimated to exceed $100,000,000.00. Private investment in Increment District No. 1 is expected to consist of new mixed -use developments, expansion of existing businesses, creation of new businesses, development of new retail, restaurant, residential, and office projects, and light industrial development (where appropriate). Public investment will include public infrastructure improvements and assistance in development financing to support private investment and enhance new and existing businesses. 5 B. Public Revenue Estimated to Accrue from the Project and Increment District No. 1. The estimated incremental increases in tax revenue, which will serve as the revenue source for financing the Project Costs authorized by Section VIII, is the public revenue directly attributable to the project described herein. Both the City and the State will experience increases in tax revenues that are not a part of Increment District No. 1. Ad valorem taxing entities will experience additional revenues from increasing values within the surrounding area but outside of Increment District No. 1. Incremental sales tax revenues are estimated to range between $35,000 and $75,000 annually. Incremental ad valorem revenues are estimated to range between $280,000 and $1,350,000 annually. Total incremental revenues estimated to be generated over the 25 -year lifespan of Increment District No. 1 range between $18,000,000 and $25,000,000. The developments anticipated by the project will not result in a measurable increase in demand for services by or in costs to the affected taxing entities. The economic benefits of the project for the affected taxing jurisdictions indicate positive financial impacts for the entire community. The aggregate impacts from implementation of the Project Plan are positive and include the achievement of the objectives set forth in Section IV. XI. LAND USE Existing uses and conditions of real property in Increment District No. 1 are shown on the attached Exhibit C. A map showing the proposed improvements to and proposed uses of the real property in Increment District No. 1 is attached Exhibit D. Implementation of the Project Plan requires no changes to the GrOwasso 2030 Land Use Master Plan or zoning. The Project Plan complies with the objectives and priorities of the GrOwasso 2030 Land Use Master Plan. Exhibit A Project Area and Increment District No.1 Boundaries Exhibit B Project Area and Increment District No. 1 Boundaries Legal Description Section A Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of said Lot 1, Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a point on the east right -of -way line of the Southern Kansas Oklahoma Railroad right -of -way, Thence north along said railroad right -of way a distance of 994.2 feet, Thence continuing north along said railroad right -of -way a distance of 385.2 feet, Thence north a distance of 55 feet along the quarter section line to a point on the east right -of -way of said railroad, thence northwest along said railroad right -of -way a distance of 95.2 feet, Thence west a distance of 35.7 feet along said railroad right -of -way, Thence northwest along said railroad right -of -way a distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right -of -way of said railroad, also a point on the south right -of -way of West Broadway Street, Thence northwest along said railroad right -of -way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the south right -of -way of West Third Street North, a street in the City of Owasso, Thence east along said right -of -way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of 1 Owasso, Tulsa County, Oklahoma, Thence north along the east right -of -way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right -of -way line of West Fourth Street North, a street in the City of Owasso, Thence east along said south right -of -way line a distance of 121.2 to a point on the west right -of -way line of North Main Street, a street in the City of Owasso, Thence south along said west right -of -way line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right -of -way line of North Main Street, a street in the City of Owasso, Thence south along the said east right - of -way line a distance of 5 feet, Thence west 75 feet to a point on the west right -of -way of said street, Thence south along the said west right -of -way a distance of 95 feet, Thence east along said west right -of -way a distance of 5 feet, Thence south along said west right -of -way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right -of -way line, Thence south along said east right -of -way a distance of 150 feet, also a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1 of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a point on the west right -of -way of the Mingo Valley Expressway, Thence south along said right - of -way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south along the right -of -way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along said right -of -way a distance of 235.4 feet, thence southwest along said right -of -way a distance 159.1 feet, Thence west along said right -of -way a distance of 208.3 feet, Thence south along said right -of -way a distance of 113.2 feet, Thence west 247.8 feet along said right -of -way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the 2 northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1, Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a point on the west right -of -way line of Mingo Valley Expressway, Thence southeast along the west right -of -way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west right -of -way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right -of -way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right -of -way line of Fifth Avenue, a street in the City of Owasso, Thence south along the west right -of -way of Mingo Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, the Point of Beginning, containing 207 acres, more or less. And Section B Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right -of -way a distance 619.4 feet to a point on the north right -of -way of East 76th Street North, a street in the City of Owasso, Thence continuing southeast along the said railroad right -of -way a distance of 88.7 feet to a point on the south right -of -way of East 76th Street North, Thence continuing southeast along the said railroad right -of -way a distance of 510.6 feet, thence east along said railroad right -of -way a distance of 19.6 feet to the east line of the N/2 NW /4 of Section 31, T -21 -N, R -13 -E, Thence south a distance of 785.3 feet to the SE corner of said N/2 NW /4, Thence west along the south line of said N/2 NW /4 a distance of 2,633.6 feet to a point on the east right -of -way of North Mingo Road, a street in Tulsa County, Thence north along said east right -of -way of North Mingo Road a distance of 1261.4 feet to a point on the south right - of -way of East 76th Street North, Thence east along said south right -of -way line a distance of 1318.1 feet, Thence north along said south right -of -way line a distance of 10.00 feet, Thence 3 east along said south right -of -way line a distance of 215.0 feet, Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less. 4 Exhibit C Existing Uses and Conditions l i� � e �s5• i � f� f r I I ��C� 6 I j� .- tir: c �,� E f � I • ® - Nil ✓ I' "A., A• � "r p r I I Multi- Family / i i J Agricultural rT _ is Commercial ✓ �' �., i � °= r Single- Family Residential 1' I6'�5 N rr Exhibit D Proposed Improvements and Uses sd The City Wil out Limits. TO: The Honorable Mayor and City'Council City of Owasso FROM: Scott Chambless Chief of Police SUBJECT: Amending the Owasso Code of Ordinances Part 10, Chapter 8, Alarms DATE: January 6, 2017 BACKGROUND: At the October 11, 2016, Council Work Session, the City Council was presented with information related to the extent of the problem of false alarms in Owasso. At the November 8, 2016, Council Work Session, the City Council was presented with a proposed ordinance that is intended to solve some of the problems associated with false alarms. There was limited discussion on the alarm ordinance due to only two council members being present. The memo and ordinance from the November 8, 2016, Council Work Session is attached and it is staff's intention to discuss the ordinance in greater detail during the January 10, 2017, Council Work Session. ATTACHMENTS: Alarm Ordinance Memo dated November 4, 2016 Proposed Alarm Ordinance Proposed Fees Sd nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Scott Chambless Chief of Police SUBJECT: Amending the Owasso Code of Ordinances Part 10, Chapter 8, Alarms DATE: November4,2016 BACKGROUND: In 2007, the Owasso City Council approved Part 10, Chapter 8 of the Owasso Code of Ordinances that regulated residential and business alarms. The goal of the ordinance was to reduce the number of false alarms to which the police department responded. The current ordinance mandates that alarm providers register their business with the police department. There is no registration fee imposed under this ordinance but failure to register a business that provides alarm services could result in a fine for that business. In the event the business does not register, the ordinance states that police alarm response will not be provided to companies or individuals utilizing that business, absent some defined exceptions. The idea behind the current ordinance was that customers utilizing alarm services would hold their alarm providers accountable if the alarm provider failed to register an alarm since failure to register meant that police response may not be provided. Another provision found in the current alarm ordinance is the imposition of fines and suspension of alarm response when a business or residence has more than three false alarms within a calendar year. This provision was intended to hold the business or homeowner accountable for poorly maintained alarms or failure to properly train employees or family members on the use of alarms. ANALYSIS: For the past year, police staff has been carefully reviewing the effectiveness and practicalities of the current alarm ordinance. This review validated staff concerns. Research has shown that the false alarm problem is increasing. The rate of false alarms is outpacing the population growth of Owasso. The 2007 alarm ordinance was intended to reduce false alarms and the data shows that this goal is not being achieved. Response to false alarms is causing significant budgetary concerns. Over the past five years, false alarms are estimated to have cost the City of Owasso nearly $200,000. In 2015, the police department responded to 1,917 alarm calls; 99% were for false alarms. The calls equated to about 914 employee work hours at an estimated cost of $43,000. False alarms have a significant impact on the ability to serve customers for all other types of police calls. Alarm calls receive a priority status. Therefore, an officer helping a citizen on a "non - emergency" call must leave that citizen to respond to an alarm. This results in unsolved problems, sub- standard investigations, and citizen frustration for lack of attention to their concerns. Customer service is a core value of the police department and is critical to maintaining citizen support. Compromising the quality of work performed on calls for service also impacts problem solving which may eventually lead to more crime. Analysis of the current alarm ordinance included researching how other municipalities manage false alarms. Staff determined that Owasso is not following best practices related to false alarm reduction. The overwhelming number of cities researched requires citizens and businesses to register their alarms with the local police department. Some cities charge fees for this registration and some do not. As noted, Owasso requires the alarm company /vendor register, not the citizen. Most other communities charge a fee for excessive alarms whereas Owasso issues citations that are processed through municipal court. In other communities if an alarm owner does not a pay a "fee," it is sent for civil collections. In Owasso, if a person does not pay their citation there is the possibility that a warrant could be issued and the person is then arrested. Research indicates that false alarms have been reduced substantially in communities where alarm registration by the alarm owner is required followed by a fee for excessive false alarms. In some cases, the reductions have been as high as sixty percent. PROPOSED ALARM ORDINANCE: The proposed alarm ordinance would eliminate the requirement that alarm providers register their alarm companies. The proposed change would require individual alarm owners to register their alarms and would require a fee for that registration. Registration would allow the alarm owner three false alarm police responses per calendar year. After three responses, a fee would be assessed. If an owner does not register the alarm, they would be assessed a fee for each false alarm police response. The change would result in police responding to most alarm calls regardless of registration. The current ordinance states that police will not respond if an alarm provider is not registered. The current ordinance emphasizes suspending alarm response for excessive false alarms, whereas the proposed ordinance would utilize suspensions only on a very limited basis. The proposed ordinance is a fee based system in contrast to the current ordinance in which fines are assessed for failure to register or for excessive false alarms. The fee based system removes accountability measures from municipal court and places them in a civil collections process. Currently, failure to pay a citation could result in the arrest of an offender, whereas the proposed fee system would turn a failure to pay over to collections. The proposed ordinance also includes an administrative appeals process for fees for excessive false alarms. In summary, staff has developed a proposed alarm ordinance for City Council consideration that would: • Require registration of alarms by property owners, • Charge a fee for alarm registration, • Charge a fee for excessive false alarms, • Provide an administrative appeal process, and • Replace municipal court citations with a collections process. ATTACHMENTS: Proposed Ordinance- Part 10, Chapter 8, Alarms Proposed Alarm Fee Schedule Section 10 -801 Section 10 -802 Section 10 -803 Section 10 -804 Sestiex I0 895 Seetion 10 806 Section 10 -807 Section 10 -808 Section 10 -809 Section 10 -810 CHAPTER ALARMS Legislative Intent Definitions Alarm Registration Required Response to Business Burglar Alarms T ..ngth o f Audible Signal ..(,.. v.Z anvID�GVI�TmT Responsibilities of Police Alarm Owner Right of Inspection Penalties Appeals Process SECTION 10 -801 LEGISLATIVE INTENT The purpose of this chapter is to reduce the frequency of false alarms and to provide the police department with alarm current alarm user contact information by establishing standards and controls for various types of alarm devices. (Ord. No. 902, 9/04/07) SECTION 10 -802 The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise: "Alarm" means any activation of a police alarm device. "Alarm administrator" means the person or third party business entity designated by the chief of police to administer the alarm program and to levy fees pursuant to this chapter. "Alarm appeals administrator" means the person or entity designated by the chief of police to process appeals to fees assessed against alarm users for false alarms. "Alarm business" or "alarm provider" means a person or company in the business of installing, servicing, or monitoring police alarm devices at remote alarm sites owned by other persons. "Alarm dispatch request" means the initiation of communications to the police, via police dispatch, by an alarm business indicating that a police alarm system has been activated at an alarm site and requesting the police police department to respond. structure or complex having its own security alarm system is considered a separate alarm site 2. is named on the alarm registration: and 3. is financially responsible for the operation of an alarm system. As used in the chapter, the term "alarm user" may mean more than one person if more than one person is listed on the registration and has accepted financial responsibility for operation of an alarm system It means the Self - monitored Alarm User when the system is not connected to an Alarm System Monitoring Company. "Audible alarm" means any police alarm device designed to produce an audible signal at the property where it is installed. "Cancellation" means a cancellation signal is received indicating a valid user has disarmed the alarm and/or a voice verification has been received by the alarm provider. "False alarm" means any alarm police respond to that is not triggered by criminal or suspicious activity. Alarms triggered by weather, faulty equipment, human error, animals, etc. are all considered to be false alarms for the purposes of this section. "False alarm fee" means a fee, assessed upon an alarm user for a false alarm occurring from their alarm system and their alarm site. "Genuine alarm" means any alarm which was triggered by criminal activity . "Hold Up" or "Panic Alarm" means an alarm which is manually activated by a user an intended to signal a potentially life threatening emergency such as a robbery, home invasion or other event where a user is at the scene of the alarm. "Intrusion Alarm" means an alarm which is activated via sensors indicating entry into a secure area such as a glass break. motion detector, or contact sensor on a window, door, etc. "No penalty alarm" means an alarm which is determined by a police patrol supervisor to be free from false alarm fees due to exigent circumstances as determined by the responding officer. The Chief of Police or the Chief's designee may also designate that an alarm be classified as no penalty , "Police alarm device" means any device that is designed or used to signal the occurrence of a burglary, robbery, or other criminal offense. This term does not include an alarm affixed to an automobile nor does it include fire alarms or medical emergency alarms. (Ord. No. 902, 9/04/07) "Registered Alarm" means an alarm site that has been duly documented and reported to the city and for which the appropriate annual fee has been paid. SECTION 10 -803 ALARM REGISTRATION REQUIRED m.a Ne one 9A4, " A. No police alarm user shall overate, or cause to be operated a police alarm device at any alarm site without a valid- registered alarm A separate alarm registration is reouired for each alarm site B. Alarm registrations must be renewed annually and will be valid for one Year from the date of purchase. C. The schedule of fees for alarm registration and annual renewal for residential and commercial alarm sites shall be determined by the City Council. 2. Dfug r ^:l:ti^^ ...^^.. .... ^meal r ^:oties) (pha 3. Weapens f ei: ti^ cTJYC ^n •� ' hops b .�T21p1JSOra- RMIIOrIG'S 4. Facilities knewn ia— s €efeeeieals that eaald ^a to the be used feF eiiplaasiv,s —egg .1....^.t.. :.. if f4eil:t. net:C. ent wMing a 3. Fnpilities that eentain enplesives: SECTION 10 805 RESPONSE TO RESIDENTIAL T Oi 4I i A A T A T)TAC. QffieeFs will enly respond te residential burglaf alafras if they Fneet the safne Pfitp.Fig Aq estRblighed e ^a B. ...w.... r..,..w,,...must .,w.. r.,..w....vnunvfxx.. a eaneellation after a poliee Fespense has already been requested-. SECTION 10 -806 LENGTH OF AUDIBLE SIGNAL It shall constitute a noise violation and therefore be unlawful to operate a police alarm which fails to automatically terminate the alarm's audible signal within ten minutes from the time it is activated. Operation of an alarm that does not automatically terminate the audible signal within ten minutes shall also be a violation of this chapter and shall be subject to penalties as provided within the police department's alarm procedures policy. (Ord. No. 902, 9/04/07) SECTION 10 -807 RESPONSIBLITIES OF POLICE ALARM OWNER No police alarm owner or user shall fail to: 1. Inspect, maintain, and repair a police alarm device to insure its proper operation. 2. Educate and train all employees and other persons who may in the course of their activities be in a position to accidentally activate a police alarm device. 3. Assure that a responsible person responds to every activation of a police alarm device within twenty minutes after being requested to respond by the City's police communications center. (Ord. No. 902, 9/04/07) SECTION 10 -808 RIGHT OF INSPECTION The chief of police, or his or her designee, may inspect any police alarm device in the presence of the property owner, following notification to the property owner no less than twenty-four (24) hours prior to the inspection, to determine whether the alarm device is being used in conformity with the provisions of this chapter. (Ord. No. 902, 9/04/07) SECTION 10 -809 D°�', �N bFALSE ALARMS A After - ending to th..ve e e felee ele....... .a the e e lffat:e.. e:the- Feside..tiel .. business, menth e .. . .dde- has p yided e. idenee to the ehief of peliee that the eiFemstanees eaus g sueh false ..le......s h....e heen dentified and - t:{:ed will be imposed the 1....... the fe ..th false le«.... d t B. ii32 -i.' o- nT�povcv =�6a -- lac- aiarrsrc�cr-- lnc- rodrlxr- iimE- a-zax�c�larnr- iS= rc2cr'dCc -vura and a eater fine will be imposed u a the ale -...., e- the the twelve (12) menth peried. The alaFm useF shall have the maximum fine impesed fef eaeh subsequent fine wh :eh eee.........:t in a t...el..e (12) FAe..ah peried within Hk", (99) days ef a suspension and subsequent reiastatemei# ef alafm Fespease by the Peliee A. Every false alarm response which has not been cancelled prior to the arrival of a police officer may be subject to a false alarm fee. B. Alarm sites with current alarm registrations are entitled to three (3) free false alarm responses for the calendar year. C. Police patrol supervisors may, utilizing their professional good judgment, classify an alarm as a no penalty alarm based on exigent circumstances beyond the control of the alarm user, or in the event of an alarm which will not reset or other repeating false alarm situation during a shift may determine that an alarm be temporarily suspended from alarm response in order to prevent excessive fees for the alarm user or create undo strain on public safety resources. D. False alarm responses to alarm sites that do not have a current alarm registration shall subject to an additional penalty fee for failure to register. E. False alarm fees shall be on an escalating fee schedule based on the number of false alarms during the calendar year. F. False alarm responses to holdup or panic alarms shall be subject to a higher fee than intrusion alarms due to the heightened level of response to such alarms. G. The alarm administrator will be authorized to bill the alarm users on behalf of the city for all fees accrued due to violations of alarm ordinances. H. The schedule of fees to be imposed upon an alarm user for false alarm occurrences shall be determined by the City Council. SECTION 10 -810 APPEALS PROCESS Failure to register fees are not subject to appeal, however, false alarm fees may be appealed to the alarm appeals administrator as follows: A. The appeal process is initiated by the alarm user sending an appeal notice to the Chief of Police's designated alarm appeals administrator requesting that the false alarm fees be waived, and specifying the reasons for the appeal. I. This appeal notice must be received by the alarm appeals administrator within twenty -one (21) days after mailing date or email date of the initial invoice to the alarm owner. 2. False Alarm Fees may be appealed only on the grounds that the incident cited as the basis for the service fee was, in fact, not a false alarm response. 3. The false alarm fee will be waived if the appellant can provide detailed, credible evidence that supports the contention that the involved incident was a "genuine alarm" as described in Section 10 -802 of this ordinance. B. If the alarm appeals administrator affirms or modifies the amount of a service fee due, that amount becomes immediately due and payable. Appeal decisions are reviewed and approved by the city manager prior to becoming official. The official decision is final and no further appeals or remedies are available. Alarm Ordinance - Suggested Fees: Alarm Permit Registration Annual Fee /Renewal Residential: $50 Commercial: $100 Governmental buildings, schools, etc. $0 Each registered alarm shall be entitled to 3 (three) false alarm responses without charge. These fees reflect the number of additional false alarm responses in excess of those 3 (three) initial responses. Unregistered locations are charged for every response. False Alarm Fee: 1 -2 False Intrusion Alarms: $100 3 -4 False Intrusion Alarms: $200 5 or more False Intrusion Alarms: $300 1 -2 False Hold Up /Panic Alarms: $200 3 -4 False Hold Up /Panic Alarms: $400 5 or more False Hold Up /Panic Alarms: $600 Failure to Register Alarm Fee: Residential: $100 Commercial: $200