Loading...
HomeMy WebLinkAbout2006.02.14_City Council Agenda_SpecialPUBLIC NOTICE OF OF OWASSO CITY COUNCIL TYPE OF MEETING DATE TIME PLACE Special February 14, 2006 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, February 10, 2006. I 0 I Juliann M. Stevens, Administrative Assistant Call to Order Mayor Thocndel Review of Audit Ms. Bishop Attachment 92 Presentation of Employee Health Benefits and Retirement Review Ms. Dempster Attachment #3 4. Discussion relating to Finance Items Ms. Bishop Attachment #4 A. Oklahoma Water Resources Board Loan B. Purchasing Ordinance Owasso City Council February 14, 2006 Page 2 5. Discussion relating to Community Development Department Items Mr. Rooney Attachment #5 A. Final Plats (4) B. Annexations (2) 6. Discussion relating to Public Works Department Items Mr. Rooney Attachment 46 A. Design Criteria Agreements 7. Discussion relating to Parks Department Items Mr. Rooney Attachment #7 A. Skate Park Restroom Acceptance 8. Discussion relating to City Manager Items Mr. Ray Attachment #8 A. Supplemental appropriation relating to Rediscover Owasso Campaign (Attachment included) B. Supplemental appropriation relating to Conoco Phillips Relocation Campaign (Attachment included) C. FY 06-07 Budget Preparations D. Gated Communities (Attachment included) 9. Adjournment S:\Agendas\Council Work Session\2006\0214.doc TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF O ASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT- FISCAL YEAR 2004-2005 AUDIT REPORT DATE: February 10, 2006 i = �H`iZ�lll�lil The firm of Crawford & Associates, P.C. has provided audit services to the City and its trust authorities for the past eight years. A representative of the firm will attend the February 141' Council work session to present the audit report and to respond to any questions you may have. Enclosed is a copy of the Annual Financial Statements and Accompanying Auditor's Report. This document is prepared by the auditors. 66Approval" of the report by City Council is not required. However, in order to create a record in the minutes, Council will be asked to take action on a vote to "receive " the audit report at the regular council session on February 21" _ : il►� I D1�Y:a Annual Financial Statements and Accompanying Auditor's Report TO- THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM- MICHELE DEMPSTER HUMAN RE, SOURCE DIREC I"OR ' SUBJECT- BENEFITS PRESENTATIONS DATE: February 8, 2006 As a response to issues brought up by the City Council during the last budget process, staff will present the second of a three part overview and discussion of the retirement and health benefits offered to City employees. January's work session included a description of the City's current defined benefit retirement plan and an overview of a report compiled by AON, consulting. The AON report outlined the differences, benefits and goals of defined benefit plans versus defined contribution plans, as well as the effect changing from a defined benefit plan to a defined contribution plan would have on employees. February's work session will include a presentation of retirement issues given by a representative of Oklahoma Municipal Retirement Fund (OMRF). Staff will also present an overview of our current health coverage at the February work session. This series of presentations will conclude at the March work session with a discussion of the health and retirement benefits. O: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM. SHERRY i FINANCE SUBJECT° OWRB LOAD 106"' ST a ET NORTH WATERLINE DATE- February 10, 2006 In May of 2003, the OPWA Trustees adopted a resolution approving an application to the Oklahoma Water Resources Board (OWRB) for an $8,800,000 loan. Three water system improvement projects had been identified for funding. The projects included an elevated water storage tank, main pump station and transmission line. At that time, handing had also been requested from the proposed county Vision 2025 program. The Vision 2025 funding for Owasso water projects was approved in the amount of $4,500,000. Consequently, the OWRB loan closing was put on hold and the funding request was reduced. Vision 2025 funds have been expended to construct the water storage tank and other related water system improvements. On Tuesday, February 7th, OPWA Trustees approved a contract for construction of the Phase II transmission main, booster pump station and pressure plane appurtenances to McGuire Bros. Construction Company. The OWRB loan originally requested in 2003 will provide funding for the project. The Trustees of the Oklahoma Water Resources Board will take action on the loan at their meeting on Tuesday, February 14th at 9:30. Loan funding in the amount of $4,853,250 has been requested. Term of the loan will be 20 years and loan payments will be from the OPWA capital improvements fund. The loan approval by OPWA Trustees and the Owasso City Council will be requested at the March 71h meeting. Indebtedness by the OPWA requires approval by a two-thirds vote of the City Council. 0, 1 TO. HONORABLE MAYOR AND CITE' COUNCIL CITY OF O ASSO FROM: FINANCEDIRECTOR SUBJECT. PURCHASING ORDINANCE AMENDMENT DATE. February 10, 2006 On July 5, 2005, the City Council approved Ordinance No. 819. The ordinance essentially rewrote all of Dart 7, Finance and Taxation, Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso. The ordinance provided procedures as an alternate to the purchase order provisions required under state statutes. The ordinance also updated other requirements and incorporated everything into one comprehensive ordinance. During a recent review of purchasing and payment procedures, staff realized that wording detailing Owasso's competitive bidding process was omitted from the ordinance. That wording is included in the attached proposed ordinance for Council consideration. Section 7-104 (E) contains the exact wording previously included in the Code of Ordinances as Section 7-106. Staff will recommend City Council approval of the proposed ordinance amending competitive bidding requirements. Proposed Ordinance ORDINANCE O . THIS ORDINANCE AMENDS PART 7, CHAPTER 1, OF THE CITY OF OWASSO COIF, OF ORDINANCES, SECTION 7-104. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WITo SECTION ONE (1)e Part Seven, Finance and Taxation, Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2)0 SECTION 7-104 COMPETITIVE BIDDING A. The City shall adhere to the provisions of Oklahoma Statutes (1991), Title 61, Sections 101 et seq. when determining when competitive bidding is required and the manner in which competitive bids will be obtained. B. If the City Charter provides for additional competitive bidding requirements, such additional requirements shall be met. C. In addition to the requirements of (A) above, public trusts created pursuant to O.S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(g) of Title 60. D. The City is authorized to employ, implement and utilize auction electronic bidding in accordance with the provisions of 11 O.S. § 17-115 as adopted by Enrolled House Bill No. 2353, effective November 1, 2004. The Administration of the City is hereby authorized to promulgate policies and procedures for implementation of the auction electronic bidding as authorized by state law to the fullest extent thereof. E. Before any purchase of, or contract for, supplies, materials, equipment or contractual set -vices are made, as otherwise provided below, including lease contracts with options to purchase, the City purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give them opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly reject all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or invitation to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and,so on, and in case of a tie, may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the city. (Prior Code, Sec. 7-32) SECTION THREE (3): Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days fiom the date of final passage as provided by state law. State Law Reference: Bidding required on public construction or improvement contracts of $25,000 or more, 61 O.S. Section 103. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2006. Craig Thoendel, Mayor Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of 12006 Julie Lombardi City Attorney TO: THE HONORABLE MAYOR AND COUNQL CITY OF OWASSO FROM- CHIP MCCULLEY CITY PLANNER SUBJECT: F INAL PLAT (The Palls at Garrett Creek Amended) DATE: February 8, 2006 BACKGROUND: The City of Owasso has received a request to review and recommend approval of an amendment to the Falls at Garrett Creek, proposing 24 residential lots on 15.18 acres located southwest of the interchange of the Owasso Expressway and East 116t" Street North. A general area map is attached. LOCATION. The subject property located southwest of the interchange of the Owasso Expressway and East 116"' Street North. A general area map is included with this report. Undeveloped SURROUNDING LAND USE: North: Detention/Reserve Area South: Residential East: Commercial West: Residential PRESENT ZONING: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAQ, and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to fight at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, casements, and other physical characteristics that must be provided for review by the City. After obtaining approval fi-om the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 24 residential lots, on approximately 15.18 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by tight on property zoned RS-3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served by City of Owasso sewer and water by Rural Water District No. 3 — Washington County. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. Regional detention has been effectively addressed with the establishment of a detention facility located in the northwestern portion of the addition. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. TECHNLCAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the October 26, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1 Applicant must indicate that the existing detention facility will be receiving water from both the residential and commercial properties. 2 a Applicant must eliminate addresses on lots 1, 2, 3, & 4, Block 2 along North 133d East Avenue. RECOMMENDATION: The staff intends to recommend approval of The Falls at Garrett Creek Final Plat subject to the above conditions. 1. Case Map 2. Final Plat Final Plat i Falls at Garrett Creek :' Y ea•ii s East 116th Streot .......... .... .. .. A RESUBD IVISION OF LOTS 19-24 AND PART OF LOTS 2.`.-]I, BLOCK I AND North LOTS 1-4, 11 AND 12 OF BLOCK 2 OF THE FALLS AT GARRETT CREEK. - �- .. ...... AND PART OF THE N1Y/4 OF SECTIONR-14-E .r. AN ADDITION TO THEFCTYY OMSSO - TULSA COUNTY. OKLAHOMA I,. P.U,D. NO. OPUD-02-02 SURVEYOR: OWNER/DEVELOPER: Benchmark Surveying & Garrett Creek Hornesltes, L.L.C. Land Services, Inc. 1207 East 33rd Street I: P.O. Be. 7078 Tulsa Oklahoma 74105 - Owasso, 74055 Phcne. (91II) 261-7492 N � (915) 27 Shona. (97II) 27a-9081 Curve inrormatian n11-1;c,x z 77,e Palls at Garrett Cruk Amendui January 6, 2006 SMEEi � of J ': ____-.—_.--__________.__ . Final Plat The Falls at Garrett Creek DEED OF DEDICATION PER, By THEY PREg m DESCP-D CMK rES'i RNA -AID SMLLC�( r1HE STATO0` IS SIXLTo � EA Cs iHf FW.OMfNG .0 w nASA mMx. manw1p`n P)FA ¢ Tl ID P.�w l s5rmz»}i. m' ettini uo 1U[AS iIK OMN AS CAV,Po ME A- _RR. -ESTATE TO OF SURVEYED, PUTTED AND PTIOPTS. STnFEIS, AID UMES SETS IN CDNFORUITY T TTEN NAT OF iNE GHEE TUY) TT o HAS LEOI TM)EpH OG AiF➢ NN MNhD "ixE FAL15 AT CA diT PiEE% NR1.'OED'. CgAxdIA (M'AmMM1? Alm wN6A5. EI O1R1P1 ESTRUS Z OE➢ICArM[u a PoocwC uo�T�f�ARir unwO£ 1AIMxroOtl ANO �2am croiwEN¢ UJN �ECT� IN -AL AA., AND, III- OF TIE ADIXTON BY nlE <RE4nON aND ExFORCENENi Of SECTION I STRA. GMERAL Rltl,ls-OFEFWAY AxDDHTD,,+3e cwA�Y5. EA sEWENrs, AND 011.14nes FOR A p bpltt-u'-Wnr A On YrK I'tA1fW. %S ty. Pu�rewN+6�K cparw� uunNiixo Arno REPARRYD, xp+olxG. AND RtxAaNc AxY ANO au STREETS. PuouC ununES 1xaw.c 9NRM N1, SVrtrAAY SEWERS, 1FIFPNDNE U' . Ca&ECLUMxG lIl£ISIM IHlES, fiECllnc POMA AN 9"MMtTS, GnS uxESINAND WATER �Ta nR INxES�s NPoNm rn 5s lD iMuiRw ANp Ad15-M-w Y fOR THE USES AW REPOSES aFORESAp, TO¢T1ER wM SINLM Twm+O 1m RAlDilc. 5T1e1cMiE d mi4R ADOME M DPDW p+WxD OR u'aFE;Ab ANTRO.AY r�AIER SEWFA IT OTWRY -1 1D+TnIET YNKNI TIE PofHi CF WCRESS A`W CGAEA 0- Mdl1r 4 PUTALDRO FORSTRIP$ OF IM9 NCI- WHIN THE USLFNiS ANo AIMI,-OF-NAY SHOY. - FLu - M WATER. SEWLt. AN OMEA -- TD ME AD.n.. ME 0x . NrnEDY RELNau1ENES ALL. -1 or, .CBEs, AND EwEss To - -_ _N THE oIX.OI -.A- AS 'L1 CG NO ACCESS (L1A') AS RFTT N THE PUT. EXCEPT AS MAY N� �G T . o PRUwCm OY ME STATUTES Alm TR uW; of T4 STATE or IXullcWA D. MmpiCRCUNO ^vjil¢. ONOtHEAO LINES FM ME RIPPLY UE ❑ECTRI% TfiLH D AND CABLE IETLVI9M SEANCES WAY 1 THE PERIMEIPR DORM NTS M 1NE RNDIN9M. STREEr UIT PALS M STANDARDS RYw 9AlID RY ONNAXFM M UNDFMRPIfp WRE d UIgFACAOMD CAS RRICE NES AYD t1SFAxDT ALL RIPPLY u1T5 .CUANNG EI£CMIC, tEIEPIgxE C/9lF TON9M, Au ¢ Lo 'cAiln P1DEndaAro . ME F.Lmo11s wan omKAnn FOR mm+Al- DTlum - ns xArrzRS M _41 AT .-ITvM,iAGEi N TMc � 2 MDORGAM LRO PE COBLE, MD CAS -CE INES TO NL STRUCTURES -MAT DO TOUTED iDnniE P'"`bxi M IsacsaTDaexm Rr TxE .AT w Mo GIST Vial or SLI STRL uRe AR MAY vz ro FAR1P0Nwv'NE.c SLOT ToliOEME SUTPnLN�NFor m oY . �WL�v1NL ER`E m'S oEEVED�To�NNNi.� MmanMi. PFRMa 1, DTTOTIK AND NM-Cxb - -T-M-WAY GA-1 M ME Lot m C A Or nKFFoos(iwN) i I IP IXO cns Am Its NPm�ESYN. FOPT(�251TRiNUOGRIdica ro Tor anvl¢WwTaGu1¢ ON ME ST _'_ I. W }. iNE 9lPRlcrt M IlECAT Ai TIMES NKNE CABLE TT OF M Nm To SCRIMS MRWP11rs AMNF E PwinY I O�1nEft'MXAHro�rmFDMF1 I mIMEMCN OF um � To ME wnNPYS[Aa v�S�NaINMc OR GAS F cNT¢rA5� D AN' OM'M Ow�ME�VONERCRWNVD C7 �. iELIDNML CABtE IT-LL n9M 4. Trt OR - PROTOO1. OF ESL TEO MLImS .1ARD SX PREVFNTOT I SE F ME ALTDR nM M BADE OF .1 C-STRIOROx FEPf .T1 ME E1£CTLC. 1FT£MONE CPBtE T SR)o OR .1 FAPUIIES RAIMr 91ALL DE ftER415Ai1£ FM Mpxux Mrvm[xeNM DF IxNOtdaxD FACun4 BUT THE OW 9VALL PAY FOR OPMAGE M RD.CGMIH CF SUCH FAPUIIES GUSEO OR HECf59TATE.D SY ACTS OF HIE QM OR IRS AGEN S MI-.AOTVYiS. iOPCPNC �M SET ORmM^i1 PORMIAPII�G SNNL E EK-EFIRLE BY LOTSoPPXP A- A RESUBDIVISION OF LOTS 19-24 AND PART OF LOTS 25-31, BLOCK 1 AND LOTS 1-4, 11 AND 12 OF BLOCK 3 OF THE FALLS AT GARRETT CREEK, AND PART OF THE NW/4 OF SECTION 9, 7-21-N, R-14-E AN ADDITION TO THE CITY OF OWASSO TLILSA COUNTY. OKLAHO.A P.U.U. No: OPUD-0202 0. POTA"' wnTFA AND SN:IT.wY - SOPICC. THE wNET M Ud Lm sw1 M r2TMSDlf fM ME PNTECIIM M nIE wmlc PoTAULE I'uTLA AX PoTADIE WATER MAYNI - SANTART SE<fR IRKS 5/UP ALTERATMUOf GRADE REITTWCTMS DE =TOR TD EASEWENT AREAS. ce DwlxWlau ADSwio+u OF RoR.o RROT� wI WM_ , IVT�TO oi oL a rliaRlfw TIT iI ioisMPLAMTTEDXEmaE�rATH'A rnNovu b- ADOIONAL W PMEi.OJOC s Mr 5EY9V UIFS bJr MIE' w PAr �¢DAUAQ Cft Rn GnM IUD BY ACT, 0, THE oW+ER M Ns A-T, M mNTRACiws sA.+ AaY sYCR Orca AX R& w Fi 7mn siuuEs my Hb<E.+,n .PI>,roPu ca .no:il«IN. 1­1nv tt ff pAA.S,ro, aunM1 wTA bSirx'I ND J M wA9 _ -1 -1 . II 9KCCaRS CUT. RO FRMRR A-TR Np ELNLOYIIS 41.VL Al At1 lP1ES HAK THE RxM W A4T55 WM Trt. EOUPMENi iO A.LL 9Jd Or or I— -WAYS SNw1 M G, GUT, O FROIDEU NO . P OEE➢ AwNC, WAI LAI, IroAOII M REPL.Y R F PEanM R SAp UNDFAORd.D PoT� w RR fAOURS IwD/OR uNDERCRCUND SANFIMY SEnFR FAwnCS. ,CAPE ItIDNR WTllP U-T W ��ExTS AS A PLSULT OF REP4R5 TO PoTAIDL O'W:ERSWOF TVE IDiS, PROVUED, x0'AEV(R, YHE OiY M PWA59J, acUxDM0. OA OMER _ 91PRTi6 Al.o=U'NAro aLVAwA"s of G uNE;�ivuim a=ZTv usm r ArnHil Tlns sxai a TxE Facw.c mvdANrs Pv1PAw+lc PDTAPE WATrn u,ws AND WAIo< cM.EYPNM Mr/oR -Y 11E OYWIIA M EA I LOT A02E£5 TO DE oW X(•c®Y. DY n+E tltt Of opa�a. ovwiDu0. uro D. GAS RAKE 711 PUSD Oio AS ,4RNCE5 TRWd ITS AWI15 AxD� o-S [0 AT NiN 1- N- E 6MEDQR<AMM LNSTAUFDPII M STdZIIX oINN� PAIRNC. M RETVANc ANY PCNTM Or LA m - DO i Slut'. ISTxam.E FOR T2 PROTECIICN M Trt UNLWAQ1WIm CFS FAUITEC OCAHA M nlEP 40T Mo SHALL Pgtvt i FNL ALTTRAT. GRADS OR MY mxSTRucTmu ncnNx "Am WOULD N1Dt m WRf ME us 3TNri THE SAMBA or OA, 1xRAOE SMALL % F€S M=UR F FAMEaUr� 1RT IDNNIFNIIKE OR OF DivF DTv -I Dr 1 OYud PAY ACDImTO O�aMm�iiw cn�irsngV o me Or._ aer _ FOR n.n mA -- a rue LOT A 0 m tz oarb rd2n¢ av nn amnmt E OVERUND OR4NACE URYEN3 AND OF__ Fi9]h 1 m ¢ACCNSIMICiFD ANY FCNPNc OTNLR PaTF1CTM uroNR Trt ORunncE OFSIRO4 AND PIRFnM wATu, ovLC AND AtnosG SruD OVN[RS 2 '= DRA.ACE EASEWONS, NO SMLOTURE, PUNTN OR OMER uaTEmI R1At1 DE PUMD . M POM 10 ROTA Y I UA 'r A ToT_ORT [mtECndl Of TIT[ ROW MRODCH gWxA dA DO OR- _. M. II¢ GoweaMrPvaWaxsiom' AVnfwltt Wm SPEaTc alwOIDW DHE. RLPRE9iTAnVE(S 91ALL HAVE ME RIOHT TO FNFORLE IRIS CDVE T ALMC WM ME RIMT TO OPERATE AND MARN STORM WAIFA FAPLTES UKATED MAIN. TIER. ­­ F. 111E ... D, - 10, - OE A__ 1. RFPNR TO Lv+D,CM.G Mo PA_O _AN_ DY TU: -Y MSTAWnON OF OR MNNIENANCE TO its'. I.DERGRWND'I- XATOR, SANITMY MAC M ME - o- PI.nNC PLAT FPROIOEP NTM� M. TI_ME Ottr ownSSD� bME.M1a , OR TPS9JPRkR M o£ - R 914E U£ RU,MAE4E CUK IN 1NE PCR1IIi4ANrf OF 9Jd ACIMTES C. .CRESS. ELACS, AND WNNWAYS N/A uoNuvENi EnsDuo+Ti `£ ro wl.cr rn m,slT.cr wMlx mvs aa�,larm As DnuoFw TY or 1. RREE_w or -.1 S` w auµ.�51�1Mma�1 T-TToo, AND nC. OM1 SECTION II COVENANTS AND RESTRICTONS Ow, n1ER[ -. 711E DWNER FOR ME PURPOSEW iTU RE,TMC �S nT�1E uUlu 11 LENFSTT 0'' n1E OINI TO SVLCESSMS ASACNS ID TIE P DwA n DWS HLANY IWPOSE ME FCLLOMANG -ANTS RESIRICnMS UPM ALL REAL CSIATE LWTRR ME MMTIM, r0 wT. NOL0otURULLL(IE USED (RRRu9xESs�N­-Al -1-10ol M 1. MARUFR CRDRNG PURPDS'FS PLAT DID THAT, NMIEVER, TAS RtO Q'I SHALL NOT APPLY TO ANY (PALDNG M SMICNRE iHA1 NAY BE -- DI MY LOT OR PCQnDN OF A LOT WHIN THE ADVIOR in AT IS ISU E1CLV9 BY A RLJMU OnU1Y PoNYIIEECAR.DDInoN., TR FU-RO M 0.- LILTY _­1¢S To ME aWI11M OR TO Pats 1 ADIA-T TO .., M SSs APFl.Y TO 6¢� OrofluNd g1At1 xn1E�a MrxwVu sPA¢ YXnl4 WORE TNN1 nw (2) Sm Pp­1 nuA F-- OL- naLP AT -1 rn-rY -ON (Ion 'Y I DT4 _DAMAGE POOR OR -1 NoNO4.tSS PUSM OR OMW mutSPAR , uA-iWAI Mua OC W.tim FM . m cau¢ Poa+Is). I:wArS. IXaK1RAv5 .TDCA LOT FROu ANY ,1rECf I- d CONSnNCIEo 6 crnotETE AN 91nu H i ++ TNAw 1EFx 0.) 2Er . aOM. t P/IR OKR SE "IY .ntO+i (31" M 1r2 taut aWr MCA AN NdK M m[ RWF ARU j1A11 HAVE n flits .a AN 5/13. tt'A'rErR (xS m.) rN L ..D 3m 1 b,£AiHfRIt ' N C STANOARD OOMPOIlI Sw— NOT AC NAOENA.Li IOtP [xICPoCRCOLOM SMFA¢ nNP nPPa� KO IN _'r.G Ov INE 0 W, Ownd APPROVAi OR- or rzRVCAIFll OYM-TAYbG', SxMEO CxxnITIDCm OTEµGocO OESN. AND RNUPAnmur� mwiHE MDInON Av0 mE Oxlk'P N 3 me iGW CY ME PtroS s•'EOM'AnIXY+, EZICRIdi RLM soa'A1CC u�Ai� TM AUO Plai BN its .wv SYRU�NRE�iHE u 10bP1S CS W1XPi IO IS i0 (iE DUAT ME AVNUOFfiY M ALTFAnn1�iN: unity �cN.s. i ¢ mccTm A.m nw IIARWMY MwEM wN la 9awaN � PRE0. MT9f aWIER 91All Ni BE�AInE FM PNT APPROVAL M DISMP CR m.Bpxc MA � a!;LN005 TEIUAIa` NiOcmURES _ AARANtt M CRUIEKFL�M M uABNtt M,. Tn AFMP! ,PSPPOMAE PY niE DEYELTfli 6 BNL9INC PWIS RNNJ, N0T DE DCF.MEM A WNMA IC OR COVCNANT IIEAEN CMTANED. 1HE PRON4dV5 OF TL9 F/AAMLNN R[gMt.0 miNUNED OYME.-IR 1NC UKo AAm A1ANimq 1 NOAI t[mAriCR D6MFDµ Wnr 11 (AS ) NL CONFCRNNTO T1E DASD III O- G or n2 DY£ D AND Sx Mo _uA10DAL. RECWT.dIS m PMnPUSX 2 ME WToON AND P— OF NO rFNt£ SxAUYi4 EnRECrtD M µ OH O OF nit DWwER OF YO FCIu WLOT ­NR TO 'TDN U v -TTE W ExCEE0U51X (B) rt w. r2T IN FENCES 9tPL. W: POtMTi01 iHWY 1)1C WPoiTFN PEPN1590x or ME f . C xOYIIING G. 9oEWNMS DPON Po CMSTR OTM 0• A DWILFNG UPON A LOT, THE DMARR o' 5UI NOT CT.SMUCIIN SUCH OMM-o MYI FA o 5 �9BIE FOF � STR'o_ OF p,IDEW � P�ARALLf1WWG E PTY as .-0., __1Ix w Tut. SVD I nM N unLSN­OR 1-TRY ¢ MY IFFY 9IAtL. DE N M MY III IX T roPM­ xO APALLI NOiF' DMErz NW3NOtD PCTS Mo MC SVCNL.c TWNc M SND N 1. OP[O, M uNNTA.m fM ANY CM1u[TmAL PMPO45 Alp MALL OT . IEPIAT- Ox ANY LOT WFIIM DOES NOT GMtiAN n DrbunO DON USCD AS n RE^.OENCL i PE NN.. M .PT ON A L-1. ALL DDG, MUGT of SUTTTPMTLY FRI. OR RDI ME REammEm+M Ts AmR areDluu+Gs ,m:rP,NN xTOR av+ooxls PA�arm TIUT wY DE mTlP To-x ITY uATOauS, IA- �urngzS. EDVIPIPIT OVPiF IS OR _A. Snot BE PCRIri1C0 wnml ME OInOx, uA KS MAY OE STCaEO OF D1. ArO.11INGS SxAUFORIDO Or Rltt4 (JO OA mTdiO TxE START uiIT�SOr O�isiFSCnR. PPOPRNR ,i11CFoo IAUCTM _ _RPoTPRmaaI NO vaRPc uoroRcraE. WoiM aRc cAUPm. m.xER. OR AR., w1 _D n01£ yCOuf[na Y ROTE' . ALL BE xEN. PAR AS TMNen 5PAR-, M STOREDOR M tdmE a ­­1 oVORNGdM Pwlar 'L'.o M ALLGID iD STAND M TIESYMO. F.DENT5 wMCi£S SnN1PN0 DC PAI D IN ANT STRUT. INED M ANT LOi On M .Wd OTRRIAPE MAA IT= nMiE Kar.InO+ IS -1 oxwca. A PE MRRAYFD TO ME PNA.K V - LOT, -T Do ML 9d K f5) SM �NNn ADSmlrlw T12 >NE - (n) s jSg Sm MN P.IEW(VRPPOSE of <AWPNGNAING FOR A R[Svli mirvSMY PMITICNI [u.cnM OAR SSV m. enl SNFS PEmPI, Ux nPrnmfb m Mli.c PY M[ OAN'R ALL S., 9 AJL CUELNu i0 OT(M OwA55D cq1. K. T'he POI" or. CarrttT Creek Am<nried Jc ,yl6, 2006 I. Or J Final Play 1. GarrettThe Falls at Creek Amended (xO 4DES DYY A sm¢0 414E BE DD f[IT. F1AR11rtiNeRE 1TECYtBACTL uTIESceFOft All OTA.1 Y AL1FFm Citt M -A—.� 1AAMw5. WYBwMx.S SmtICNRCS B¢ES SxRINS ce OTIOt bECETAnCv BEER ce PUCEO NM NNAGEWAY FASFYENTS AS RF31EC1FD CN 1III aUT. EfC�T CRASSFE NCFYAIIT THE DE4wATED BNIBI EWAYNGSEUEITS n1A7`YAIM N MR 0R PESTRICT M iFREE ANO IKl NTART 0.EPI,ACMNi EANDECAII IF wvrmi FSCAUFI. P Ttxc wGETA[nON nLiTm+ B.TY UDE—TS — Rcercml_2-CcF_.Y _ PEMTC GNn N''I ON IEPUCpfnt IF WA1ER.. B T SCYfiR xuNS4f Cmlt, n1Q OW. nT.Fw m)TILS LOc/.TED vATxB1 SND fAISO+OVR OI DK MAYS 111 _ SHlriv� DK (57(5)TD n Wn YNEN OOFF MT TITEtt wm'. E�'PvT�+2. Yn�ITIaN $ULII BUE T1E LOT uv[R OWNER uA.T REMOVE SAYE 11 EA T� YY IEP�I LSa. N 15N im K w 1NSIHE A0.NnCN aN0 IJ1 5 I.y 11. FEN BN. uNADE OR O1wR YYAs of WASTB e[ x[DBi wNWVI YMnTAMRs uW Au EWSWNi 1. IORAGE OR DI sAL OF SNOT MA—.. AND ALL LOTS SNALL BE KEPT AN A CIFPN. NUT. AND �sYRTEEI wAeTE rnxiAx�U9i— OF IONCExm�FRALLw �roinw�T xEw AND ..I BBEYa oKn BE am of gnxm EIa1TFFI (Ns) xaMS AFTER RELAY wuEclK.x NM1Ct£5 EiPtt IN, CMTAmFRS NvSAxc£ N WS OR OfiFN4VE '.I . AE ON ._Y` .— BE CAB(am ON W. ANYB LT10�L 10D OM N IAND SCu G. UVN CARE, MBBC£xFAAL uAmtxGxACF. THE DILL UOTIN OF IS rnONT A EACH Or WBT B: SODDED TO B1[ FIAT. EXTENT OF NB FRONT AND SIDE TMCS A PROFEDDONALLY ANSTADED — arE PACKA WST BE INS.— — THE. ITMWIFBN OE AG C. r LET uusT BE KEPT NRIEY NENOB. TPouu[B, EDGED. AND W6Dm AT Z I— SO As TO K_ n1G APMNIANCE IF - NODE ttFAx. NEAT. ax0 OWJE 1 I. I.— OMN I) OF [ w ILOi S'.atul BE RC9a140LE FOP K¢iinI THE ...1 Iw THE —1 YARB FIABOAE BfOIND SYAuutlW FOOLS p0.1 BE PtAwTiED, xI— SAUNAS OR LABS 41ALL BE —TID 11, ._oNNUOF ASROCIADON. rNl To%j p�-`NPEPmrxma«:Y[ rimir m ¢naivcD Ix A ­ IF BE BE fORUED Aro SxN1 Y P6rOxSME FOI eR1G THE CWuOx A1aEAS,AAro E114VIO11fi NEAv.BIOIE CE4¢NW)tt, Aw ATn+ACBVETSY ON I— rn¢x F.s ATCiIr rs A INFNntt MONO REcdN OMniit OF A LOT Sxrit DE A u[uOER YNDI TtE pWxlg9nP OF AA oi�1N TE ACCPTANCE «GTE a,B®ew- RrromAATiwHTI iE OFBIIII DATE EP PEm 1 C. COVEtiwT FOP —IS THE A DIED DSI'ORE IS DENIED TO B—T ANDAOREFS TO — THE ASSO4AlIONYA�9IFNR AO NECCRI. BINE Y l 4 LATHER PA`Igt 1. TICCCNVEYu10E 6 THE _ l0T W.BIWAll BBTHE FAL(5 4w1 DE A u[N aN WHICI li IS MADE. WL INE UEN SHALL BE SUBgWNATE TO THE IJEN ce ANY -STEMORTCADE TATON OF SOON — FOWQtS AND RIMS AS INE ASS IIBN YAT I-. THE ASSIY. TA IBN S BE Ott ED A MADICURY, TO BR SALE IXIENi LOT OWNER. a THE —1 COVENANTS YT DOON .— 1M1 DEXI—I ANO 4TNL xA c THE I—T TO ENrIICE THE EDVENa1>v TO III SAYE EKTINT AS A LOT M.NIF. A RESUBDIVISION OF LOTS 19-24 AND PART OF LOTS 25-31. BLOCK 1 AND LOTS 1-4. 11 AND 12 OF BLOCK 3 OF THE FALLS AT GARRETT CREEK, AND PART OF THE NW/4 OF SECTION 9, T-21-N, R-14-E AN ADDITION TO THE CITY OF OWASSO TULSA COUNTY, OKLAHOMA COV?— AID RESTRICTIONS IAr BE g3Wp1T BY INS OWNER. M!.ASROO TEN, OR BY AN ONIBI Of ANY ENfCwcEL.OwTY --.I AID — 1LCR INBVIDUAL ��a — OEVIL­ a L­xOT OUE I A.Y E TO ANO RGiMCnCx,,, rNE PINuuNC ru.— BE ENTI— TO AN INE PREVAAR+C P s BE EN1 L TO AN AWAAO o NAceTraMEr iE£. TO BE TAYID AS cOsi. III NE GEENTI TO BE A m 9MNi OF AN RKI1T OR REYEDT, wce A. AH4ClCABtw CF —EL .—ANTS ANN N_ETIX+S.� AR ANY M THE O11ttA FMN4ON5, rmICN 9/µyEIN THEY mVlJIroCCG My pTLCT 91ALL NOi /ITFCT CT"` rN[ CrolanuTs aN0 R6mlcnws nrtnvNE — AND A PEn1C0 TN N— (FO TFMS FPGu GLLT RENEYA.D uro OCxnxUFD ii1ER[uTER D SUCCE54r Ypl (t0) KAPS GCHA�MEBS TLrtuvATm OR AupmEn Ai NCRONAF'1Oi PftOxOED. omaNG EnEGTs; wwouaT•� Tw[sE AN}O 41A31 BE BWpx0 URON ALL PMl£S L£COONINO Olwµ 1 Or IO E ..N 1NEIA 10NI � NLO cA.i Nmam naev°EA PirAT'RIATi�E�+ wsTauuoir AND or Tremox.Exwµso�iaic s 1wN TxE ATCilwl. I. Awl AWroLENT, uOpsGr"' CxANGE ce rueEuwnar ID -BE IB6RCTTKLBtmON _DNI ce SW! NRTRInExT IN TT¢ O.DitF ce TTC: iwSA camlr aiAK. FURiHERHOP.E. TI W.HE IDIUNIND DO ANTS MAT BE AYEN_ BYOEI ON LETETLRYN�iFD�I ANY nNF BYY MI1% INENBTILA�ET I .- BE ffrtCIVE — AND AFRA 1FE DATE �i FrtmtsLY IRAd. SECTION III ARCNITECTURAL COMMITTEE E O t DESmCI TO Esi�RlSx RESnacn FOR YNE P OE a v ON pF�I�T DEVFLCYu91� BE TFn DEE n BlT� �nND C AL REVS IENTBAn1:AS Of aIE. - GMxEP O wNER[OY 1YPOYAM u Ovta1 PA9 m NANTS oce SpALL FIXttw E OMNFR B svCCEs50Rs AND =MS. AND 4 BY ­=ECAAS NDiDNArhR SeT A. ¢DING. FENCE WALL OR .. ]iAngNG ualDOX SHALL BE ERECTED. PUCED CR ALTERED 1 E 1-1 AID 4YanGnp+s nAr[ DE[N u Fnovt•D m xBnxc DT CMRITi RpLtR TO AS MEN ABOtTECN1A1 C WwTTFE' FOR EACH gMgN THE RE I. —S AND YEC6TGTO BI O AND CTTON r1AN LAND —DC A 41E —. FLOOR—, EYTEBB. MANDII,i TO EH.UIx 1>£ IERE,ION C6 IINEBOBMDNG gixSIPUCNPE CR Txf u� q C Lc AN ALiFBAn(M N.tS —I �B �SNAu NIi BEIIrZt A19 1N5 HWrEN�wiDB54N1 BEBBtt.LrtD TO NAVE BEEN MLYhCOYu1,FD CONEmE I. THE Nw— ANDGO�IAMCT OF B2 1PROPOSEO Wrt I W BiINOURCT INC MI— S OF YBCCN IT IS TO BE MIT, TIE AV —DUTY IF ALTCRNA NAT B 1N09TE TA AN IT IS PROPOSED TO BE ERECTED NiD INE H—ONI TNceEREce INE %ALAS Sx v1 Or —ITNUTE A — TY OR R[sPON98lUIBttce- B—Il[nroOS u P1mfmB, K APPROVE WRgxG PUNS".. NOTNOE OECUED A auvERB OF ANT{RES INI-. ALL DC R� TB ROL�rtH15 MMN iNC SY)IIKN4oN WwCN THEY WOULD ._.,E BE ENnTIED TO PF10sfW1C IW D iaoB, eE ouwED mnON xGsxBm me oMNEns`n DaAna1 rA`�Ro F1a'+�RB,Ax IDN�AN ..A = 79'. ONRFNIII- AND oall0x' .IssDaAra. Br m C4fA I r�BWTxwasD BY THE DOARO O REE— E O� — AESSOCI�TION. O DO—sN CERTIFICATE OF OWNERSHIP TNE Or AT —1 CERTIFICATE OF SURVEY cw Rxvs aP -Z 1P"B' ��m o BAY AND —I I — CERTIFICATE OF FINAL PLAT APPROVAL The PIRs Or Garrett L7erk Mended ,I:. I �o��e•�Ecr a �� I: TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT. FINAL PLAT (Tyann Plaza VI) DATE- February 8, 2006 BACKGROUND: The City of Owasso has received a request to review and recommend approval a final plat proposing one commercial lot on approximately 1.91 acres of property zoned CS (Commercial Shopping), located southeast of the Owasso Expressway and East 96 Ih Street North. A general area map is attached. LOCATION: The subject property is located southeast of the Owasso Expressway and East 96 th Street North. A general area map is included with this report. EXISTING LAND USE: Undeveloped North: Tyann Plaza South: Tyann Plaza East: Detention Facility & Home Depot West: Tyann Plaza DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or casements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, casements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all 111ture development on that property. ANALYSIS - The applicant is requesting this review in order to facilitate commercial development on a 1.91 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, etc. Since this is a one lot development there is no preliminary plat required. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility casements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. TECHNICAL ADVISORY COMMITTE " The Owasso Technical Advisory Committee reviewed the final plat at the January 25, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. The applicant must tic the legal description to a monument 2. The applicant must relocate the 25' building fine over to the utility easement along the western edge of the property. gECOMAWNDAnON: The staff intends to recommend approval of the Tyann Plaza VI Final Plat subject to the above recommendations. ATTACHANNTS: 1. Case Map 2. Conceptual Plan 3. Final Plat Owasso Community Development Department I 11 N. Main St. Owasso, OK 74055 918. 376.150 918. J76 .1597 www.cityofowasso.com -N-& >---rroper Tyann Plaza T1 R lA: R 14 E E. 967H ST, N. T 21 N E. 86TH ST N SECTION 20 TUvLSACOUNTY LOCATION P scA_E: =100c' LECMD BgUE1a4f aflM¢ wp � R$1 plRdfl SIhPA$ SITE ASAP N.T.S. 0 Ky� s" SITE PLAN TYANN COMMERCIAL CENTER 23 LOTS ZcNm. cs CITY OF OWASSO A KDL=DWSWAIM W- Deed of D,dicnti—I tom CDrt,,'R7t t. FVDLIC STREETS AND EA:ENENTS, Z. ND E GRON,o�:A'a'°.N T. er Krx n¢ . m M Ir�w'� �rwD � m v[.kM � m �mrtnDrtAe ). UN➢ERGRGUND GAS SERVICE. AND R. r.cnn,a RRiTco+rwTtTtM SE»nC <orrsraucr�w we revrn. vwc+, rwv .vrcarccc v�ry x.,> IN 'nx IA 5. DR*t £ EEKNT�rtmr xtvte mvss`rvain sr^mwvn.n mon a wwrmcv na v[NG —Al, �• AA >. ➢EVCL➢PER'S RCS[RVED RIGXTS, �r s.�c LIT n t�sw raRm. .Y \ FINAL PLAT TTTT PLAZA A PART ❑F THE NORTHEAST OUARTER 11E/41 OF SECTION 2C TOWNSHIP 23 NORTH, RANGE 14 EAST AN ADDITION TO THE CITY Of OWASSO, TULSA COUNTY, OKLAHOMP 1 LOTS IN 1 BLOCK ©� 1.91 ACRE TRACT ZONED: CS R ��yq y rvV [ICRNER LOT . ➢LCEN t / DD DEPOT A ➢➢ITIONTICN t'QIB ,(TYANIV PLAZA VBLOCK 1 / LOT 1 \ &I"S' SF \ a/ nam Puw nuTe PMWOSEO YIF 6' WiSNf W IEIu Iro w / noo➢ nAw eaAraaass rzua rAm rm rax�1> N SURVEYOR: OWNER /DEVELOPER: D. COSS & ASSOCIATES, LLC TYANN DEVELOPMENT CO., INC. P.p. BOX 216 PO BOX 397 COLLINSVILLE, OK 74021 40 OVASSO, OK 755 (918> 371-0096 Certificate of Authorizn tion No. 3932 E912740 Renewni Dcte June 30, 2007 ENGINEER KELLOGG ENGINEERING, INC. 6755 S13UTH 4060 ROAD TALALA, OKLAHOMA 740BO (918) 275-4080 Certificate of Authorizntlon No, 2788 Renewni Dote June 30, 2007 BENCHMARK � PLAT NO I- w m, R 14 E T 5 20 rt 21 — N I E P5 v 5i N ECiipry ]➢ TULSA COUNTY LOCATION MAP SCALE i-2000 nr r,armc mvray,y �Ri1FIChTE m, CVNERSHIP . • e.c CERTIFICATE CE SURVEY Ti _ �Tc4 wyi toss tala CERTIFICATE OF FJNAL PLAT APPROVAL TYANN PLAZA V JM&MY 1, 2DO6 —IAm[ 0"rell �` �;' TO: THE HONORABLE NMYOR AND COUNCIL CrrY OF OWASSO FROM: CHM MCCULIX Y CTrY PLANNER SUBJECT: FINAL PLAT (HIC Bank of Owasso) DATE: Februar-y 8, 2006 BACKGROUND: The City of Owasso has received a request to review and recommend approval of a final plat proposing one commercial lot on approximately 0.985 acres located south of the southwest comer of East 96t" Street North and North Garnett Road. A general area map is attached. LOCATION: The subject property is located south of the southwest comer of East 96t" Street North and North Garnett Road. A general area map is included with this report. Undeveloped SURROUNDING LAND USE: North: Caudle Center South: First Lutheran Church East: N. Garnett Rd. West: Undeveloped Lei elm DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval fi-om the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANA-LYSIS: The applicant is requesting this review in order to facilitate a commercial development on 0.985 acres. Since this is a one lot development there is no preliminary plat required. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for commercial development. Already, there is an emerging pattern of dense commercial development occurring to the east as Smith Farm Place and to the South as a Commercial corridor along N. Garnett Rd... The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. The development will be served by water and sewer by the City of Owasso, Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee will review the final plat January 25, 2006. 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. No concerns were expressed. RECOMMENDATION: The staff intends to recommend approval of the IBC Bank final plat without condition. ATTACHWNTS: 1. Case Map 2. Final Plat subject Property Owasso Commtmity Development Department Final Plat I I I N. Main St. Owasso, OK 74055 918.376.1500 IBC Bank of Owasso 918.376.1597 'vvTvw.cItyofbwasso.com Plat \to. A subdivision in the City of Owasso, being a part of the NE/4 of Section 19, Township 29 North, Range 94 Easf, Osage County, State of Oklahoma OWNER /DEVELOPER Owasso 20. l a 2100 Soon V'�n 9+P >n)2t00 ENGINEER/SJRVE\'OR Tulsa Engineering & Planning Associates. Inc 6 ].5. E A e \\\' \l\ \ \ '�\\\. \\\�\\\� 111\�� 7wif.]x i ,, ca911252.92 J jMon�ument—Notes Basis of Bearings f E Location Map R."'E Benchmark Backflow Preventer Valve "" + "+ \t 1 11 U, .1 z Stormwater Detention ( Section 19 i � � i+ilsa Coinry ( � ' g t �ni o.9s4n noes N B9S853"W - 260 00' fi - �pp¢F3 w LWu i 40 60 �rmN -+ +a>o rert 'i- IM- Rank of O\v,l Sheer I ol2 DATE:- February3,20O6 TO: City ofOwasso 111 North Main Owasso, OK 74055 918.376.1545 Fox918.376.1597 ATTN: Eric Wiles PROJECT NAME: IBC Bank ofOwasso PROJECT NUMBER. OG-0OU1 WE ARE TRANSMITTING: 5 Copies Revised Final Plat (30' BL) 1 Copy Revised Final Plat (1|>(17) (1 Xerox) Eric, there are still a couple of holes in the plat, specifically dealing with the recording of 2 easements. This will all he taken care ofbefore City Council. I am just including the plat and not the deed of dedication, since it has not changed, Thank you. Respectfully submitted, Tim Terra} Director of Land Planning p:\oaXa\TnxmowmznoVv0soo1.004Eric w:/en.wnu Distribution: _ Job rile _ Billing TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLE Y CMPLANNER SUBJECT: FINAL PLAT (Villas at Bailey Ranch) DATE: Febi-nary 8,2006 BACKGROUND: Case & Associates has submitted an application to the Planning Commission for approval of a final plat for the Villas at Bailey Ranch Phase 11, located northeast of the intersection of East 8011 Street North and North Mingo Road. The applicant wishes to create one multi -family lot on 5.35 acres. A general area map is attached. LOCATION: The subject property is located northeast of the intersection of East 86"' Street North and North Mingo Road. A general area map is included with this report. Undeveloped North: The Villas at Bailey Ranch South: Exchange Bank East: Bailey Ranch Golf Club West: Undeveloped L ,f] U I] RX.LA %f Ime DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate a multifamily development on 5.35 acres. The subject property is located within the Bailey Ranch PUD and zoned for residential multi -family. Since this is a one lot development there is no preliminary plat required. In a regional context, this proposed adon is in conformance with the Owasso 2015 Land Usc Master Plan, as the area is forecasted for residential development. Already, there is an emergiqV pattern of dense multi -family housing development occurring to the north. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. The development will be served by water and sewer by the City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee will review the final plat January 25, 2006. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. The applicant must identify the legal and graphically indicate the point of commencement and point of beginning. 2. The applicant must include language regarding the drainage detention in the deed of dedication. RECOMMENDATION: The staff intends to recommend approval of the Villas at Bailey Ranch Phase 11 final plat subject to the above recommendations. ATTACHMENTS: 1. Case Map 2. Final Plat L 77 Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376,1500 9183761597 i"v-w. city of o was s o. com rel Villas at Bailey Ranch 11 U�� FINAL PLAT THE VILLAS OF BAILEY RANCH OYNER AN ADDITION TO THE CITY OF OWASSO, C#CLAHOdA A PART OF THE SW/4 OF SEC -nod 19, TOWNSHIP 21 ,i an4, CASE VEN-TURM INC. RANGE 14 EAST, TULSA CC{JNTY, C KLAHCMA R fa e � r Quo E v DMW OPUD A 74135 8 ' (918) 492-IM E 1GINEER ` - ,, INC 9718 E 3m PL P OW-- (918) 863- 7 "MATE CC AUTHMTY CA Q5 'E.iR,q i`IC89 $-30-07 9 L a^ a ss A TRACT Or LAM IN TM Cr MOTION IF),&0.� WDIAN , pUL5.4£A.SP�F STATE Or L P Y AS 16 �D AP TFE i� � 1� Al1Y&j Tk£ AE9T LM OF SAD SWA4. A 1 E EAST i. I': LWE 2 : NT WX LINT$ CF NO AC= STFEET ADDRM OF LA'T 3 A -TA®O2 � IiE;j FEET 7vFffNU SQi40'$y`�q A dSTA CE or 189.E ilM R S68Y3y11 A DISTANCE or In48 � :iT - A PQSLP CMi Ml I" OF L O' 7W SECDIXA ;& fl 1411 Fd ALONG W SDUiH 1 4 Spp W7WN 19 A a4TANCE O' 1S4,g8 FEtI; R�8 mmll l "N A D�TAKKE [X' �d1,Dp FEED S88'S8'eg^y A WEST CE 480.DD FPET Tb A 1*dB((0 TFE YE9T L Mo SECTION IW R idDi9B'98'V ALA iE g¢yP' LM OF R) TFE f0 A �TAtCE C8 MLOO FEET C6' 9. ALC Sq ftDS Y1.0T AWMATE AT RM TiBS PLAT tl614 FiE DEsawyna �B.E.CT YO CBW AAD SA AD 1EWR Be >ffi� M N OF 3 Rrq PIAP �7S flE SST tffi� � �' ibD11®'9rS'� As AWpi(D BY sTA�AA 1 OF RE aRu A� �klA 3fATE CERTIFICATE OF DEDICATION FOR wmTr c� nc9A > Y$ 9Q A hYifAAY Pto51.0 M A� KR 4A9 ®.dM19' J811 SG TW TMY Y '9`.a W ffi V ffi W 4»IY flH 1�1�4'0 ffi %AT IEJ� &tS 3tM !d 1� 39ffi ,tl9 XYIRRA$Y ACP AM 0® A� H� MD Yi'AIWTAM ACf » RfW 06�ANY IfR 'fl61 II A� 4 1 ET rmm WAS& 1pCln W fdmID Am !l1 1W My 'IE/@ UYY A�04L w A�7A 3Y A�1.� 'P A. MStt, �3 C$R MT I Ibis Y Aft A 01MY nG APB RAT= W AitlYd �4cP A4&1 B$ A Adfl ftAT 0 Ad' 'A . eA'FY. HUTUMMURN Mff"I'l FROM. Cr; MCCULLET CITY PLANNER SUBJE CT: ANNEXATION — (OA-06-02) DATE: February 8, 2006 BACKGROUND The City of Owasso has received a request to review and approve the annexation of approximately 0.23 acres, located at the southeast corner E. 103rd St N. and the Owasso expressway. The property requested for annexation is a small part of a larger property that has already been annexed into the City of Owasso. LOCATION The property is located at the southeast coiner E. area map has been attached for your review. EXISTING LAND USE 0 Planned to be the site of an Urgent Care facilil North: Commercial South: Large lot residential East: Office West: Owasso expressway 103rd St N. and the Owasso expressway. A general DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or 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 must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS Staff received a petition from Owasso Land Trust, requesting the City to annex approximately 0.23 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 request is consistent with the Owasso 2015 Land Use Master Plan as it calls for commercial development in the area. During the development of the surrounding area it came to the developer's attention that the two small tracts of land were not annexed into the City of Owasso. It is the intention of the applicant to annex the property and develop the subject property to City of Owasso standards. If the property is annexed into the City the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The site has conformed to all City of Owasso requirements and has been approved for development. The property will be served water and sewer by the City of Owasso. 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. OWASSO ANNEXATION COMMITTEE At their January 25, 2006 meeting the Owasso Annexation Committee unanimously recommended approval of OA 06-02. RECOMMENDATION The staff intends to recommend approval of OA 06-02. ATTAC6MENTS- 1. General Area Map 2. Applicants Annexation Petition F11 A*RTHEAST ELEMENTARY M Owasso Comniunity Development Department I I I N. Main St. Owasso, OK 74055 918,376.1500 918.376.1597 www.city of6wa,sso.corn M 0 BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, being the owner and/or the representative of the owners of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: SEE ATTACHMENT "A" HERETO being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 12th day of January, 2006. Owasso Land Trust, L.L.C., an Oklahoma limited liability company By David E. Charney, Manager \299\OLT ES, EAST 106TH STREET NORTH DETAIL NOT TO SCALE Scale: 1 "= 100' i w J 00- q3 , 'o O � I 25.00� � SCUM LINE N/2 NE/4 SE/°- NW/4 J.3 Ca / S 88.40' POB TRACT B j.- SIN CORNER / NE/4 NE/4 SE/4 NW/q SECTION 16 In d N \ O O \ \ EAST 961-H STREET NORTH Location Map i � \ 6 � / I I 25' R/V'J (BI< 3994, PO. um iO '^� '— NORLHERL'T R/VV 103RD / Ln� o g East Wed roet _ North SOUTH UNE -{/ \ ASPHAII / "' NE/4 SE/4 Nw/4 p I z (o SE CORNER J /\ SE/4 NE/1 SE/4 Nv1/4 SE/4 SW CORNER I I> NE/4 SE/4 NW/4 I< SECTION 16 0.0 Legal Description TRACT A THE SOUTH 25.00 FEET OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA. SAID TRACT CONTAINS 0.19 ACRES MORE OR LESS. TRACT B A PART OF THE NORTH HALF (N/2) OF THE NORTHEAST QUARTER (NE/ 4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NE/4 OF SAID NE/4 OF SE/4 OF NVV/4, 25 00 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE S 88`40'58" W ALONG THE SOUTH LINE OF SAID N/2 OF NE/4 OF SE/4 OF NW/4 FOR .53.65 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY OF U. S. HIGHWAY 169; THENCE N 23'15'45" 7 of (-)Ni(, coin PH -HT —OF —WAY FC)R 47 08 FFFT: THENCE S 66'43'36" E FOR 37.47 FEET TO A POINT ON THE Snl1THFPI Y ��lvi: AN, W, 0- AWN , A PART OF THE NORTH HALF (N/2) OF THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NE/4 OF SAID NE/4- OF SE/4 OF NW/4.,25.00 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE S 88'40'58" W ALONG THE SOUTH LINE OF SAID N/2 OF NE/4 OF SE/4 OF NW/4 FOR 53.65 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF U. S. HIGHWAY 169; THENCE N 23015'45" E ALONG SAID RIGHT-OF-WAY FOR 47.08 FEET; THENCE S 66043'36" E FOR 37.47 FEET TO A POINT ON THE .SOUTHERLY RIGHT-OF-WAY OF EAST 103 RD STREET NORTH AS RECORDED IN BOOK 6473 AT PAGE 2560; THENCE S 1018'41" E FOR 27.22 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.04 ACRES MORE OR LESS. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVE LOPMENT DIRECTOR SUBJECT. ANNEXATION 06-01 DATE: February 8, 2006 LIM The staff has studied the possibility of annexing certain property along East 96 th Street North, between North 129'h East Avenue and North 145th East Avenue. There are 41 propel -ties in the study, including the 18 properties inside the Pleasant View subdivision and 12 properties recently rezoned for OM Office use by Tulsa County. On January 17, 2006 the City Council adopted Resolution 2006-03, directing the staff to publish notice of public hearings concerning the annexation and also to prepare an annexation services plan. Resolution 2006-03 is attached with this memo for reference, as well as a map of the area proposed to be included. The impetus for the annexation is the recent rezoning of 19 properties along East 96 1h Street North to OM Office designation by Tulsa County. 18 of those 19 propel -ties are included with this annexation. Other properties included in the study are the Pleasant View subdivision, one property owned by Tyann Development on the north side of East 96tt' Street North directly across from the entrance into Nottingham Estates, and four other unplatted properties located east of Nottingham Estates, about 1/4mile south of East 96"' Street North. DAVIDSON APPLICATION - The first attempt occurred in June, 2005. Les and Sharon Davidson own 6.63 acres on the south side of East 96h Street North, immediately cast of Nottingham Estates. The Davidsons asked the Owasso Planning Commission to annex their tract and to amend the Master Land Use Plan's designation for their tract from residential to future transitional (office) use. The Planning Commission voted to recommend approval of the annexation. Separately, after vigorous discussion during the public hearing by both applicants and concerned property owners, the Planning Commission voted to deny the request to amend the Master Plan. The annexation request was subsequently withdrawn by the Davidsons after the meeting. Neither item was forwarded or appealed to the Owasso City Council. OCTOBER TMAPC MEETING — In September, the Community Development Director and City Attorney met with Mr. John Moody, attorney for the owners of then 13 properties (later a total of 19 properties) along both the north and south sides of East 96th Street North, including the Davidsons' property. The purpose of the staff s meeting with Mr. Moody was to discuss and explore the possibility of beginning a process that would result in the eventual development of the properties for office use. During that discussion, the staffs recommendation remained that the future land use of the subject properties should be residential, not office. In short, the staff would not recommend a revision to the city's master plan that would allow for office uses on the properties. As a result of the city's position, the property owners applied for rezonings to the Tulsa Metropolitan Area Planning Commission (TMAPC). The TMAPC considered the requests on October 19, 2005. At the hearing conducted by the TMAPC, the rezoning requests were denied. DECEMBER. TMAPC MEETING — Six additional properties, situated along North 13011 East Avenue, similarly applied for a Tulsa County zoning designation of office use. The TMAPC denied their rezoning requests on December 7, 2005. DECEMBER BOARD OF COUNTY COMMISSIONERS MEETING — The owners of the original 13 properties appealed the October TMAPC decision to the Tulsa County Board of Commissioners, who heard the appeal on December 19, 2005. During the appeal, the applications were modified somewhat to ask for OL Office zoning on three of the subject properties (the original request was for OM Office zoning). Other modifications included small "buffer strips" along the property boundaries and some apparent bulk and area conditions designed to render the properties undevelopable absent a Planned Unit Development. At that hearing, the Board of County Commissioners voted to refer the applications back to both the City of Owasso and TMAPC. JANUARY BOARD OF COUNTY COMMISSIONERS MEETING — After the December I 91h meeting, the city staff and TMAPC staff immediately began a process that would allow the case to be heard by both the Owasso Planning Commission and the TMAPC in the second week of February. Discouraged by the length of time consumed by the notification process, the property owners and Mr. Moody then decided to remove their proposed modifications to the rezoning applications, and take the original applications back to the Board of County Commissioners by way of straight appeal. This appeal was heard on January 9, 2006. The Tulsa County Board of Commissioners voted to approve the appeal, rezoning the properties to an OM Office zoning designation. Further, the six other properties along North 136th East Avenue have also now been rezoned for OM Office use by the Tulsa County Board of Commissioners at their meeting of February 6, 2006. The State of Oklahoma has enacted statutes that allow a city, by ordinance, to add adjacent territory to its corporate limits and increase its area as the governing body deems desirable for the benefit of the city. A copy of the statutes is included as an attachment. CONSENTUAL ANNEXATION — In most cases, before a city may annex territory, it must obtain the written consent of the owners of at least a majority of the acres to be annexed to the municipality. The state law goes on to prescribe requirements for notice and a public hearing on the proposed annexation. However, there are two ways that a city can annex territory without having to obtain consent for a majority of the acres. ANNEXATION OFTRACTS LESS THAN FIVE ACRES EACH — If the territory to be annexed is subdivided into tracts or parcels of less than five acres and contains more than one residence, then the city is not required to obtain consent for a majority of the acres. THREE -SIDED ANNEXATION — The second type of annexation where consent is not required is one where three sides of the territory to be annexed are adjacent or contiguous to the property already within the city limits. In this type of annexation, the adjacent city property on each side must be at least 300 feet wide at its narrowest point (excluding adjacent right-of-way). ANNEXATION SERVICE PLAN — Before the city publishes and mails public notice of the annexation hearing, the city must prepare a plan to extend municipal set -vices including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory. This annexation service plan must be made a part of the city's capital improvements plan, and the plan must be implemented within 120 months (10 years). The staff finds that, using the guidance of the Oklahoma Statutes, the City of Owasso could annex 18 of the 19 rezoned properties without being required to obtain consent for the annexation of a majority of the acres included within those properties. Within the annexation ordinance, the City of Owasso has the choice of either incorporating the properties as AG Agricultural or as the zoning the properties have been given by the County. The staff intends to recommend that the properties be annexed with an AG Agricultural zoning designation. It should be noted that annexation does not change the current land use of the properties. If a property that is annexed is occupied by a residential structure, that structure may remain and the use of that structure may continue indefinitely. Similarly, if a property is being used for the upkeep of livestock, the keeping of livestock may continue indefinitely. PROPERTIES SOUTH OF EAST 96 T1 STREET NORTH — The City of Owasso can annex the six properties located on the south side of 96 1h Street by way of the three -sided type of annexation. These six properties are separated into two groups of three by Nottingham Estates. The three -sided annexation of these properties meets the requirement that the adjacent city territory has to be at least 300' wide. If the City of Owasso annexes the properties on the south side of East 9e Street North, the City must include the Pleasant View Estates subdivision in that annexation. This inclusion would mean that this western set of properties is bounded on three sides by Owasso corporate limits. Also, the City would be required to include four unplatted tracts east of Nottingham Estates. This inclusion would mean that the eastern set of properties is bounded on three sides by Owasso corporate limits. PROPERTIES NORTH OF EAST 96 TH STREET NORTH — The City of Owasso can annex eighteen of the nineteen properties located on the north side of 96'1' Street and along North 136t" East Avenue because those eighteen properties are each less than five acres in size and there is more than one residence located within the area that would be annexed. Additionally, one property across from the entrance into Nottingham Estates would be included — that property is owned by Tyann Development and was not included in the zoning for OM Office use. The property that would not be able to be included in an annexation without consent is the 6.35- acre Thompson property, located at the cast end of the properties to be considered for annexation, 1/4-mile west of North 145 Ih East Avenue. BACKGROUND OF OWASSO 2015 LAND USE MASTER PLAN: The City of Owasso adopted the 2015 Land Use Master Plan in September, 2004. This adoption concluded a 12-month process of surveying citizen opinion, studying previous trends and current conditions in Owasso, and composing a desired pattern of land uses through the use of a master plan steering committee. Previous master plans were adopted in Owasso in 1969, 1978, and 2000. The plan is developed with two primary planning concepts in mind: first, that a commercial corridor should be established along highway 169, and second, that development should be nodal in nature. Nodal development calls for commercial use at major intersections, with a transition of office and multi -family use away from those intersections to single-family residential development. With these two development concepts as a guide, the steering committee evaluated property throughout Owasso by repeatedly asking two questions: 1) what is the highest and best use for the property, or, what would the market bear for the property, and 2) what is predominant, existing land use development pattern for the area? The 2015 Land Use Master Plan calls for residential use for the entire annexation area. It is the staff s findings that the 41 properties under consideration for annexation are a part of the Owasso community and ought to be a part of the Owasso incorporated area. After all, the residents who live in this territory shop in Owasso, go to church in Owasso, are part of the Owasso school district, have the Owasso zip code, and in large part consider themselves to be contributing parts of Owasso. Now, Tulsa County has rezoned 18 of these 41 properties (a total of 19 properties were rezoned) in a manner inconsistent with Owasso's Master Plan. Annexation allows the City of Owasso to decide how the properties should develop and gives the City the ability to enforce its Master Plan. The City would has the choice to annex the properties and give them an AG Agricultural zoning designation or allow them to retain the zoning given to them by Tulsa County. Current state law allows Owasso to annex 18 of the 19 subject properties, along with Pleasant View Estates, the Tyann Development property on the north side of East 96th Street North, and the four unplatted properties East of Nottingham Estates, without having to obtain consent for a majority of the acreage. The staff finds that two ordinances, one for the properties on the south side of 96th Street and one for the properties on the north side of 96"' Street, would be required to annex the territory. This annexation may be the first step towards a comprehensive attempt to make the city's boundaries more uniform, and to remove many of the gaps within Owasso's corporate limits. Since the recent Board of County Commissioners decisions have been made contrary to the designs of the Owasso Master Plan, it seems reasonable that the City should examine unincorporated parts of the community throughout the area for the purpose of bringing uniformity to the city boundaries. Owasso has prepared an annexation services plan as part of the annexation process, and this plan will have to be implemented as part of the Capital Improvements plan within ten years. The annexation services plan is included as an attachment to this memorandum. Owasso fire and ambulance service already serve the area. Police and Community Development services will extend to the territory immediately upon annexation. Water lines are in place and currently serve the area. Sewer mains will be extended to the properties at the owners' request and expense. Refuse collection service will be made available to the properties, but not mandatory; the City of Owasso will not forcibly take over the area from existing refuse collection providers. The roads and stormwater drainage systems within the territory will be maintained to the levels of their current condition. The staff intends to recommend that the City Council approve Annexation OA-06-01. ATTACHMENTS: 1. Case map 2. Resolution 2006-03 3. State law 4. Master Plan for subject area 5. Annexation service plan First Baptist Church Owasso Oomiyiunit�, Development Department 111 N. Main St. Owasso, OK 74055 918.376,1500 919.376,1597 www. cityofoveasso.coin Smith Dusenbors-ryansa Development LEI Haskins lFuller NotUngham Estates Price Development WHEREAS, the Tulsa County Board of County Commissioners rezoned properties along East 961h Street North within the Owasso fenceline in a manner inconsistent with the Owasso 2015 Land Use Master Plan, and WHEREAS, AS, it is reasonable and preferable that. the City of Owasso be able to implement, with appropriate land use controls, the Owasso 2015" Land Use Master Plan, and WHERE, AS, Article 21 of Title 11 of the Oklahoma Statutes allows municipalities to add territory to their corporate limits, NOW THERE,F , BE IT RESOLVE D by the City Council of the City of Owasso, Oklahoma, that: A. The municipal staff of the City of Owasso is hereby directed to publish and mail notice of public hearings about the annexation of properties shown on the attached exhibit entitled OA 06- 01. The notice is to be published in a legally qualified newspaper of general circulation, and the notice is to be published by January 26, 2006. Further, the staff is directed to schedule one of the public hearings for the Owasso Planning Commission meeting on February 13, 2006 and the other- public hearing for the Owasso City Council meeting on February 21, 2006. B. The municipal staff of the City of Owasso is hereby directed to prepare an annexation services plan for the properties shown on the attached exhibit entitled OA 06-01. The plan is to be considered a part of the Owasso Capital Improvements Plan, and is to have a completion schedule of no longer than 120 months. The staff is directed to have the plan available for public inspection by January 26, 2006. Approved this 17`h day of January 2006. City of Owasso, Oklahoma Mayor City Clerk Section AI:TICL E ,VKf CHA_�GING LIMITS Part 1. Annexation and IMachirieut 1.1 Il 1 Lltl?.oC i`y' to Change Mun:i ipal Linllis 1-102 Annexation Ot TerTuory Separated b,i Ra11wa-v or Enter—,"cnln'7 Snip 21-103 Cities - Annexation by Governing Body; Action - Consel,t o1 Owners I i0 To%vns - Aiine,x- n by Body' Aaron - Hearing b,, Board of County Corrunissioners 21-105 : iinexation by Petition - Notice-Goveming Body Ordinance 2 1-too Failure to Grant Request in .as nexanon Petition - Filing in District Court 21-107 . Repealed 21-1 OS Lands Platted for Educational or Charitable Listitutions - Annexation Only by Petition 21-109 Taxation of Arinexed Territory ? 1-110 Dctaclument of LvIunicipal Territor,, -Procedure 21-II1 Liability of Detached Territory 2 1 -1 12 Record Regarding Ter itory Anne:ced or Detached 21-113 Annexation Of Unoccupied Property for ConstTrlCtion Of Roads and Brides 21-11-I Annexation ofEnclosed Territory by Another 1tMunicipalitz; 21-1 I5 Public Records or Public Notices Describin-g the Corporate Boundaries 21-121 Utility Operation in Annexed Territory Part 2. Municipalities Subject to Inundation 21-201 i\lunici.palities Subject to Inundation - Acquiring New Town Site 21-202 Approval of Plat - Special Election 21-203 Approval of Annexation - Recording of Resolution and Plat 21-204 New Boundaries of the Municipality 21-205 Additional Powers of Governing Body in Relocating Municipali y 21-222 iMoratorium on Municipal Condemnation Proceedings 21-I ARTICLEVV CHA DING LIMIT S PART I. A" \TI XATIOi' " :�<\q-DDFTACH'AIF-N-f' SEC"TI`0'� 21-101. aC�TBORITI" TO CI-L�_�iGE. �1���?CIP:�,L L N111 T S The I nuniC,TLil 'gw erniln- bo d;✓ b}' Ordinance n,n, add to ti',e rnunicip ah� ic[Citt)1`;i a ) cell[ OC C(3 t:'.?Ui)I S r0 ItS COrpOt"ace ilP."L S and InCCOlSe OC dIrn ri sh Tile corpofaie (Inl1ts aS the governing body i;:'„ns desirable for tine benefit of the municipality. SECTION ? i-I O'. r1N�,T;LaT1ON OF TERRITOR`t' S FRAIR I : rJ B�' I :�IL�^,'.� `" OR LNTERVENFI G ST.R ) Wherry any territory to be annexcd is separated from the corporatc limits of the muntctpahty only by a raikiav right -of -,vay, or an intervening strip less than four (4) rods wide, or a highway m-,lit-of-;vay, the te.-ritory shall be considered adjacent or contio-tous to the municipality. SECTION 2,t-103. CI1`IES - AN"NEXATiON BY GOv,,ERNTTNC POD" ACTION CONSE�tT OF OWNERS A, Before the goveming body of a city may` annex any territory adjacent or conti'7uous to the cita, it must obtain the wTitten consent of the owners of at least a majority of the acres to be annexed to the municipality and provide for notice and a public hearing on tine proposed annexation of the te:r itoi-i in the manner provided in subsection B of this section; except that no such consent is needed where: 1. The territory to be annexed is subdivided into tracts or parcels of less than five (5 ) acres arid contains more than one residence; or 2. Three sides of the territory to be annexed arc adjacent or contiguous to the property already 1,vithin the municipal limits if: a, the adjacent property on each side constitutes an area in width greater than three iltindred (300) feet at Its na-ro'weSt point excluding a roadway" or right-of-way that is adjacent or contiguous to the territory, b. the municipal governing body makes findings that the annexation t urthers rr'ium„tpai pUiYOSCS reiatl:i t0 airports, spaceports and ii ilrtai r' 1nStailatiGIiS and Sl',C l ndir: S r are included in the public hearing provided for in subsection D of this section, or t rr i c this + c;p 1 t i t o be C. prior to ttnC elit:Ctl'v'e iiato �i t is act, the Ii'i..n c..,r l�tiy` ,laS directed that Tn��iC.. v., published in accordance with subsection B of this section. B. The goveming body shall provide the notice and public hearing required in subsection A of this section in the following manner: 2 l -2 1. The governing body of be nonverpailr`% sAWj down, thai not:cc or C pl'oposed annexation of the rer-roor/ be pubikhc d in a legaill" qmhhed r � general ci:cL ati n !n ih:, lerrirol and shall duckbe he boundaries of thy_' remirpr nrtfO-, ell 'o %e aiiniexed by � o�raphical locations. le9d or �l,SICA QS:pton C other t� SO a'ie d�Irnatl_n The notice Sbaii t1 c die da��, fl 1e, and Place '_he gonyrning body shall Won luC[ a p`�bi c On tie gllestlOn Of annexing the terniCsg. Elie notiwe shall be published in a iet,7.,Pen spaperof trt'irceral coculatlon in the len"Uny sought to be ani,exed :',1thiri f)urte:--r, (I-1' da�:s COI�on/! me dr r (_ _ ' _ a rl.t governing U�ld4' dlreCl, 111e nc)t1Ce li} Ike ��LiblisliC CI: y ', cop,,,,' of the notice o, ai nCSation Sh2dl be 11MA& b;; fir tVWSS marl to all 0` m rS of prOperc/ CO be annexed as shown by [he current year's o`Nn'cvhq) r Ps [lie otfc,— or rh, Counp treasurer and to all O"ne[s of prope.Lv abutting a!:y pL.hlll, I lt"OI ti"f1=' that forms The bOoundmy of the territory proposed to be annexed; provided that the notice Wannmation shall be mailed by cerkned niail to ever i person who owns a panel or land of five (5) acreS or n ore ! Sc d fc'I i �r'1C��lturaI pur1:,)Se�; alld 3. The public hearing of such annexmion shad[ be held n0 earlier than foLn-Icei ( 14) days nor more than thirg, (30) days to110wing the pubiicahon and mailing ofthe- notice. C1 Unless dther,vise provided by lawn a road, my or road right-of—way that is adj awnr or coringuous to the ten iron% to be anneud shall be considered a part and parcel to the ten"itory to be annexed. D. Pefore any territory is annexed to a municipality, "Athout the written consent of the. owIlers of at least a malorhy of the acres to be anncxcd to the mmuclpaliiy in accordance with subsection A of this section, the governing body of the municipality shall direct that notice of the proposed annexation of the territory be published in a legally qualified newspaper of general circulation in the territory and shall hold a public hearing on the proposed annexation. Prior to the publication of notice, the municipatity shall prepare a plan to extend municipal sere, ices including, but not limited to, water, sewer, lire protection, law enforcement and the WE of such services appropriate to the proposed annexed tClTit0r� . The plan shall provide that the municipality complete the implementation of the plan in accordance with any existing capital improvement plan applicable to the portion of the municipality adjacent to the territory proposed to be annexed. If no such capital improvement ptan has been adopted, the mLtn icipality shall complete the service plan within one hundred twenty ("l20) rnonths front the date of annexation unless a different time is determined by consensus between property owners and the municipality at the hearing. The time for completion of the service plan shall be set forth in the ordinance annexirig the territory. If municipality services are not substantially complete within the prescribed time, then th, territory shall be detached by the governing body as provided in Section 21-1 10 of this title. For purposes of this subsection, services may be provided by any method or means available to the municipality to extend municipal services to any other area of the city. Such notice, hearing and plan shall be subject to the following provisions: I. The notice shall describe the boon dares of [he territory Ptupujed to be anne:ted by reference to a map, geographical locations, legal or physical description or other reasonable designation and shall State that the proposed service plan is available for inspection 'it a specified location, tilt tloticc shall state the date, time, and place when the governing body shall conduct a public hearing on the question of annexing the territory. The notice shall be published in a legal newspaper of general circulation in the ter6tory sought to be Emnexcel within fourtCCn it l) days following the date the governing body directed the notice to be published. A copy of the notice of annexation shall be mauled by first-class mail to all owmUs of property to be annexed as shown by the current year's ownership Ms in the office of the county treasurer and to the Department of Transportation for purposes of clarifying any road maintenance responsibilities; provided that the notice of annexation shall be mailed by certitizd mail 21-3 to every person who ow-ris parcel of land K Eve (5) arms or :itOre used for 'a icultural purposes aiI d to ti'-, o ' � uoard of county COr?1IT115Si0nerS of tf?f: rnpe'ctl'Y`? CGIiITt'✓ b1"Clete fl]e propose(! annexation IS located. li the tenitor to be 'annexed encroactics upon any adjacent count,, a copy of the notice Jf u ani'c 3 iJii ii_.i i l C be nmiled by first-class mail to the bond of county coninussioners of the atacent coti[: y and of At COtnitj%';ti'nei'c the propoS%d anP.e;tiatio[i Is GCaCe7; I. The pulbh'c hearing of sureh annexation shall be hA d no earlier trial: tOLLrUCt'll (1 I ) Cilyi nor ..iOrc Lharl thirty (30) days followmg chn pubh 'ahoi at- l i-uiiiti' of CiIC nonce; and _ . The proposed savice plan shall be WOW for in punon aP.d be explarneA to [0, p-i?pc:rt; wvners of the tcrritory to be _rtr-rand at rile public heard,',. Tli-c plan may be amended through negotiation at the Bearing. Me tlnal service plan shall be incoiUoratcd into and made part of the ordinance annexing the territory. E. As used in this section: 1. "Airport" means any facth ,% owned by an,,; legal emiuy or by a county, a rnunicipahtV or a public trust having at least one county or municipality_ as its berieticiapi which is used primarily for the purpose of providing air transportation of persons m goods or both by: aircraft powered through the use of propellers, turboprops, jets or similar propulsion systems; 2. 'Nlilltary installation" means those facilities constituting the active or former'- active bases owned by the Department of Defense or other applicable entiq of the United States government or by any entity of local government after transfer of ti.lc� to such installation; and 3. "Spaceport" means any area as defined pursuant to Section 5202 of Title Id of the Oklalhorna Statutes. F. Except for ordinances enacted pursuant to Section 43-101. 1 of this title, parcels of land Eve (5) acres or more used for agricultural purposes annexed into the municipal limits on or after July 1, 2003, shall be exempt from ordinances restricting land use and building construction to the extent such land use or construction is related to agricultural purposes. Where there is no residence within fifty (50) feet of the boundaries of such a parcel of land, the property shall not be subject to ordinances regulating conduct that would not be an offense under state law; provided, that any such propertf that discharges into the municipal water, wastewater, or sewer system shall be subject to any ordinances or regulations related to compliance with environmental standards for that system. G. Parcels of land situated within an area that is or may be subject to any form of land use or other regulatory control as a result of proximity to an airport, spaceport or military installatic)n shall not be exempt from municipal ordinances or other laws regulating properhi for the purpose of operations necessary for the use of an airport, spaceport or military installation and such parcels of land shall be subject to all ordinances enacted pursuant to Section 43-101.1 of this title. (Amended, effective Muck 15, 2005) SECTION 21104. Tffl� NS - MNNEXATION BY GOVERNING BODY ACTION A, The town board of trustees by ordinance may annex lots which are adjacent or contiguous to the town if the lots have been platted and recorded in the office of the county clerk. The governing body shall provide notice and a public hearing in the following manner: 21-4 C 0F OWASq OW SSO OF THE A-MEXATION SERVICES PLAN FOIE THE EAST 96 TI STREET NORTH ARE A INCLUDED IN OA 06-01 The City of Owasso proposes to extend the municipal limits of the City to 41 properties located to the north and south of East 96th Street North between North 129th East Avenue and North 145'h East Avenue, and also shown on the attached map labeled OA 06-01. The territory under consideration includes properties along both sides of North 136th East Avenue comine, from East 96th Street North, the Pleasant View subdivision, and four ,rd unplatted properties located along East 9-) Place North, coming from North 145"' East Avenue. The plan's implementation will be completed by January 26, 2016, and is considered to be included in the'Owasso Capital Improvements Plan. Police Protection — Police services for the area will be available on the date that the annexation becomes available. Fire Protection — The City of Owasso already provides fire protection for the area, Ambulance Service — The City of Owasso already provides ambulance service for the area. Water Service — The City of Owasso already provides water service for the area. Sanitary Sewer Service — Sanitary sewer service is already in place for the Pleasant View subdivision. Sanitary sewer service will be extended to the remainder of the properties in the area at the property owners' request and expense. Roads — Public roads in the area will be maintained to their- current condition. East 96'1' Street Forth is included as a road widening project within the Owasso Capital improvements Flan between North 1291h East Avenue and North 145th East Avenue. Stormwater Drainage — Stormwater drainage facilities in the area will be maintained to their current condition. Refuse Collection — The City of Owasso will make refuse collection service available to any properties in the area that desire municipal refuse collection service. The City of Owasso will not forcibly purchase the service area from existing refuse collection providers. This plan is available for public inspection at the Owasso Community Development Department, City Hall, 111 North Main Street, Owasso, OIL 74055, January 26, 2006. MEMORANDUM FROM- TIMOTHY D. ROONEY ASSISTANT CITY MANAGER DATE® February 9, 2006 At the May 17, 2005 City Council meeting, the Engineering Design Criteria, Construction Standards, and Standard Details were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: DEVELOPER AGREEMENT The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements." This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his/her construction contractor to assure compliance with the approved plans, and submit "as -built" drawings upon completion of the construction of improvements. ENGINEER AGREEMENT The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services." This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he/she is a Registered Professional Engineer in the State of Oklahoma, and attest that he/she maintains Professional Liability Insurance in limits of not less than $1,000,000 for a period of three years. Since the approval of the Engineering Design Criteria, Construction Standards, and Standard Details in May, developers and engineers alike have complied with the above requirements and submitted both agreements. Design Criteria Agreements Page 2 of 2 PROCESS: The Agreement Guaranteeing Installation of Improvements (the developer agreement) does not require the Mayor's signature. The Agreement for Urban Engineering Services, as it exists today, does require the signature of the Mayor. Staff has been hesitant to list the Agreements for Urban Engineering Services on a City Council agenda without first explaining what the agreement entailed. Additionally, while the agreement requires the Mayor's signature, it does not require "formal" action by the City Council. As a result, there was debate as to whether or not either agreement should be placed on a City Council agenda. This has resulted in staff "holding" all of the agreements from July 7, 2005. The developer agreements on file at this time are as follows: 0 Garin Funeral Home and Cremation Service ® The Greens (Lot 5, Block 1) ® Tyann Plaza ® After the Bell Game Center, LLC • Lake 'Valley 11, 111, IV The engineer agreements on file at this time are as follows: * Tulsa Engineering and Planning Associates Kellogg Engineering, Inc. ® LW Servey, Engineering, and Design A copy of all of the agreements will be available for your review on Tuesday evening. RIECOMMENDATION: Staff intends to place all of the Agreements for Urban Engineering Services on the February 21, 2006 City Council consent agenda for acknowledgment of receipt in order to obtain the Mayor's signature. Additionally, staff would like to discuss with the Council the possibility of amending the Design Criteria in order to allow the City Manager, or his designee, the authority to sign the Agreement for Urban Engineering Services. TO: THE HONORABLE MAYOR AND COUNCIL, CITY OF OWASSO OD WARREN PAR DIRECTOR ao i S I"ROOM PROJECT — ACCEPTANCE AND FINAL PAYMENT OWASSO SKATE PA K' DATE- February 8, 2006 BACKGROUND: At the Larch 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 RESIGNATION. The City is 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 RETAILS® 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 resembles the restroom located in Elm Creek Park. The Elm Creek Park 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 provided 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 were opened on Monday, September 12, 2005 at 2:00 PM. At the October 18, 2005 meeting, the City Council awarded the contract for the Skate Park restroom construction to Tri-Star Construction of Claremore, Oklahoma in the amount of $73,390. A final inspection of the construction on the restroom was conducted the week of January 30, 2006. The restroom is completed and operational at this time and staff has found its construction to be in compliance with the bid specifications. ADDITIONAL. COMMENTS: There remain several additional items that will be completed in. conjunction with the sidewalk project also occurring at this location. Those include lighting, crosswalk striping, and signage. These items were not included in the contract award to Tri-Star Construction. RE COMMENDATION: Staff intends to recommend Council acceptance of the Skate bark restroom and authorization for final payment to Tri-Star Construction, of Claremore, Oklahoma in the amount of $73,390 at the February 21, 2006 meeting. ATTACHMENTS 1. Skate Park Restroom Elevation and Floor Plan t' ` . •'- _�, �F j m mom a mflea� mrMmnie,simm�m y i mningi e 1 n mo loom amn 1 nail. u_n 1,3 par ,vasz Aaz:.n-as¢A 9. wenldm rmcnan! S Aom Yw l 9° .mild imq¢. acmm! A Ior flour [W P mm'atSrA d Z ymd clomme, bmeMEm m damd � oucalem m A lock (cmmmm 1 E duCj. lect m8vo1 tar M pooh ylmc iem an6 mmcm Edm. suHH1q a mmem mm ktman mna Pmcim Cmbm 2C qn o C 1 ceimn 4,ad A ... comae `-' pod [m 1. i ;,A,,, 1 SCmcn.em rich prmpmmal. o fpmi toe). ' //�--��� _I_ Pztarimr Hlymood PPS h 31 fw / mzcarior 5radm mi rn m pro'= qe 6, hmtgm @ h 11�Ev Emd Ply 4 Ly pmaneaA marmem. ?. -aYmmt mqum ( rd and rA mmeA \� egmi;mfl, lum) ....... r j p3Chrmugh 6. Peur 8° 3° r,gm2 P kY114M1 AlmSth mr443am (l/ =A1 Sn:) O1°oataalmpmn181ng Anil >r 3 bmgmimidm at -I-. — ch qco — Wl�ELCNAiR WA30P 2' mumm 4rnP.. n m A 3 El�q X% —a kvmflmblm, mvrsSC l0 4m 1 to 19p1ropemmlt i ske 4 a tm da. Prcmmm vine WHCGLCPINR RA3G -Ay- la 1 PAd: E S tA . m Ah ' 11t. A. Aital duty dock Ala.) A fl n lock P iem, pumrt Himemm on bAUi f A kick pY bm.b iem P d momapnY a mmCm oP _ C n m4dAar n block - np11 SbAAA; bvmr<icel r4hm per •' ' - . O blo<k, pmntm2 4'r id Mla; mgtoti'm1 at mpp=ommd mgm¢1 Eoz L4ncmla vmr mpmm roam. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: RICKEY HAYES DIRE, CTOR OF ECONOMIC DEVELOPMENT SUBJECT- SUPPLEMENTAL, BUDGET RE, QUEST DATE- February 6, 2006 BACKGROUND: In November 2005, staff worked with local television stations to develop a marketing campaign around the theme of "Rediscover Owasso". The material targeted holiday shoppers in the Tulsa metro area and was designed to make out-of-town shoppers aware of the newly established retail and restaurant opportunities available in the City of Owasso. The result was a 30 second ad that was shown during the highest rated viewing times in the Tulsa television market. The ads began the week of Thanksgiving and continued for the first three weeks of December. Before kicking off the ad campaign, staff` contacted several developers with projects in Owasso and made them aware of the campaign. Several of the developers desired to participate in the effort and made contributions to offset production and broadcast costs. Pledges for the "Rediscover Owasso" project are as follows: Aunt Properties $ 5,000 Bull Market Restaurant GP $ 1,000 Twenty First Properties $ 1,000 Owasso Land Trust $ 1,000 AEP/PSO $ 500 The total cost for the contract for the campaign was $10,463.75 and pledges totaled $8,500. The remaining balance is $1,963.75. While the remaining $1,963.75 was not included in the 05-06 fiscal year budget, staff is comfortable that these costs can be absorbed in the Economic Development Department budget. Because the pledges were directed to the City of Owasso, a Supplemental Appropriation increasing revenues and expenditures in the amount of $8,500 would be requested. RECOMMENDATION: A the February 21, 2006 meeting, Staff proposes to recommend Council approval of a supplemental appropriation in the General Fund, increasing revenues and expenditures in the Economic Development Department budget by $8,500. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: RICKE Y HAYES DIRE' CTOR OF ECONOMIC DEVELOPMENT SUBJECT: SUPPLEMENTAL BUDGET REQUEST DATE- February 6, 2006 BACKGROUND. Staff has recently worked with representatives of the Owasso Public Schools, the OEDA, the Owasso Chamber of Commerce, members of the residential development community, and others to prepare and present materials to families moving to the Bartlesville -Owasso area from Houston. A group of Owasso and Collinsville representatives traveled to Houston and participated in a relocation fair for Conoco -Phillips employees on January 14-16, 2006. . In response to frequently asked questions from Conoco -Phillips employees, materials that provided information that primarily focused on the Owasso School District, residential development and available housing, and the overall quality of life in Owasso were developed. A new 6-panel brochure, vertical banners, booth backdrops, as well as several hundred informational packets with current marketing material and new information were prepared and distributed at the meeting. A three minute video was also produced for the event. The video highlights schools, shopping, and residential areas in Owasso. Materials were designed, prepared, and shipped from Owasso to Houston. Surplus material was re -packaged and shipped back to Owasso for future use. Total costs for the design, development, and production of the material, shipping costs, and airfare and lodging totaled $13,327.21. These costs were not included in the current fiscal year budget. The participation in the Conoco -Phillips relocation fair was viewed as vital in Owasso's effort to attract these employees to the community for their new housing needs. However, as stated previously, funds were not included in the current year's budget for this expense. In order to allow continued progress on the work plan that was developed as a result of the Economic Development budget, a supplemental appropriation to the budget is requested. RECOMMENDATION: At the February 21, 2006 meeting, staff proposes to recommend Council approval of a supplemental appropriation from the General Fund balance, increasing expenditures in the Economic Development Department budget by $13,327.21. TO: THE HONORABLE' MAYOR AND COUNCIEL CITY OF OWASSO FROM: ERIC WILES COMMIKUTY DEVELOPMENT DUtECTOR SUBJECT: GATED C0AVqUNITIE' S DATE: February 8, 2006 . . . . . . . . . . . . . . . At the February 7, 2006 City Council meeting, the City Council voted to table consideration of ordinance 837, the gated communities ordinance, until the March 7, 2006 City Council meeting. The staff is bringing the item back to the City Council for further discussion at the February 14 Work Session. ATTACHMENTS: 1. Proposed Ordinance #837 2. Memorandum fi-om the staff dated October 31, 2005 CITY OF OWASSO, OKLAHOMA ORDINANCE #837 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Twelve, Planning, Zoning and Development, Chapter 2, Zoning Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: SECTION ONE (1) Gated access will only be considered and allowed for private streets in approved Planned Unit Developments, apartment projects, or other subdivision plats approved by the City Council. Only local streets that would not otherwise provide access to other neighborhoods will be considered eligible for gates. No collector roads that would connect one arterial to another arterial will be considered eligible for gates. All plats submitted with private streets and gated access shall require the approval of the Planning Commission and the City Council. The City of Owasso, prior to the issuance of any building permits, shall approve streets and grading plans for the subdivision, and those plans shall show the locations and details of all gates. SECTION TWO (2) Any gate shall be located a sufficient distance from a public street to allow two (2) cars to line up at the gate so as to completely clear the right-of-way of the abutting public street without interfering with vehicles utilizing the public street; the minimum acceptable distance from the gate to the public street right-of-way shall be no less than forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the gated development. SECTION THREE (3) Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on gates shall also be prohibited. SECTION FOUR (4) Use of controlled access does not negate other City of Owasso ordinances. SECTION FIVE, (5) A Homeowners' Association or a similar entity shall be established and the name, addresses and emergency contact numbers provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of the private streets and/or fire lanes, and to provide the funds for such. (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying the Fire Department officers during annual inspection and testing of the opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year round maintenance. SECTION SIX (6) the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and an egress gates. SECTION SEVEN (7) A battery back-up system shall be provided for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. An emergency release or hitch pin shall be installed on the control arm. SECTION EIGHT (8) This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. An emergency release shall be installed on the gate. This emergency release, when removed, will detach the gate from the opening device and allow the gate to swing or slide open freely with manual intervention. 19 SECTION NINE (9) The gate shall be equipped with a "Click2Enter, Inc. public safety access system, which utilizes the existing emergency service radios for rapid entry. SECTION TEN (10) All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards ofthe City of Owasso. SECTION ELEVEN (11) Should any problem occur in the operation of the gate or any violation of any section of this ordinance, the gate shall remain open and accessible until the problem is resolved and/or the gate is repaired and tested. SECTION TWLEVE (12) When a covered entry structure is requested, the minimum height shall be no less than sixteen (16) feet. The width shall be no less than twenty (20) feet. SECTION THIRTEEN (13) In order to ensure unrestricted access for sei vice providers such as school busses and postal carriers, gates shall remain open between 7:00 AM and 7:00 PM. SECTION FOURTEEN (14) Any developer, Homeowners' Association, or other responsible property owne proposing any gated community must provide the City of Owasso (including Fir Police, Public Works, and Community Development) access assurance prior tM installation of any approved gate. The access shall be provided by an easement to dedicated to the City of Owasso in the deed of dedication of the plat for utilities a] essential City services in the streets and common areas as designated on t subdivision plat. SECTION FIFTEEN (15) The developer, Homeowners' Association, or other responsible property owners shall provide for annual inspection of each gate to insure that each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The verification of the access agreement and a copy of the latest inspection form will be kept on file with the City of Owasso City Clerk including the contractor's name, address, and 24-hour-a- day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. SECTION SIXTEEN (16)® Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repeated to C, the extent of the conflict only. SECTION SEVENTEEN (17): Severability If any part or pails of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION NINE'rEEN (19): Codification The City of Owasso Code of Ordinances is hereby amended by adding a ne'l- *rdinance to be codified in Part 12, Chapter 2, as section 2-203. PASSED by the City Council of the City of Owasso, Oklahoma on the 7'11 day of February, 2006. Craig Thoendel, Mayor 19�1 APPROVED as to form and legality this day of 200it Julie Lombardi City Attorney In BRADD CLARK, JUUW LOMIRARDI, ANA STAGG, ERIC WHES, DAN YANCEY GATED COMMUNnNS October 31, 2005 The staff has been requested to perform research into the issue of gated communities and to present a recommendation based upon the findings of that research. Currently, there are more than 50,000 gated communities in the U.S. with more being built every year. About 6% of the country's population fives inside gated communities, totaling seven million households (Census Bureau, 2001). Currently within the Owasso city limits two developments exist that are considered to be gated communities, one being southern portion of Southern Links Addition and the second being Watercolours located in the Coffee Crock Addition. Both of these developments allow access to the general public during the daytime hours. This memorandum is a summation of the findings of the directors of Community Development, Fire, Police, Public Works, and the City Attorney. The report is organized into different points of focus that were examined by the respective staff members. The first point of focus, fi-om the Public Works Director, outlines the direct effects of gated residential entrances on our ability to provide water, sewer and refuse collection and infrastructure maintenance service. Second, the Fire Chief examines necessary design criteria for gates that would ensure a rapid and safe response to provide the earliest possible arrival and intervention of public safety personnel to an emergency. Next, the Police Chief focuses on the pros and cons of gated communities from the perspective of law enforcement. The City Attorney reports on her findings related to the legality of gated neighborhoods; especially as to whether they can be located on public streets. Finally, the Community Development Director provides general findings on gated communities — from benefits and drawbacks for both the homebuyer and the city to general statistics about gated communities and a summary of research. Water and Sewer — Whether gated or not, the city is obligated to provide water and sewer service to customers located within the service area. The presence of a gate, which is kept open during business hours, would have little or no impact on our ability to provide regular services. Furthermore, because suspension of service would not result on an immediate loss of life, the City may opt to delay response to after-hours calls when gates prohibit entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the City's ability to provide quality water and/or sewer service. Similarly, whether the streets remain public or become private has no bearing on water and sewer infrastructure which - regulated by Oklahoma Department of Environmental Quality -- must remain public. Refuse Collection -- The presence of a "properly -sized" gate - which remains open during business hours --- would have no impact on our ability to provide service. A potentially problematic effect of gates would be its width, which if improperly sized could restrict entrance of refuse vehicles to the subdivision. This can be easily overcome by specifying minirnum clearances at residential entrances in the City's design criteria. Finally, whether the streets are private or public would have no impact on our ability to provide quality refuse collection service. Streets and Drainage -- Again, the presence of a gate itself has minimal impact or no impact on our ability to provide maintenance to the City's streets and stormwater infrastructure. Of significant importance to this discussion, however, is whether the streets are private or public. In past, when streets are private, City staff has had no involvement in the design, construction and/or maintenance of the infrastructure. It is worth noting that although an advantage of private streets should be the release from maintenance obligations related to the infrastructure, recent history has proven different. In the 1990's, the Three Lakes Village streets were constructed as private infrastructure, exempt from City requirements. Unfortunately, not only was the street too narrow to allow for safe traffic, but also its foundation was too shallow to withstand normal residential traffic. Resultantly, the City - after numerous petitions by the area residents - has agreed to accept the streets after the effect and invest nearly $250,000 in their reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to require that private street infrastructure servicing a residential neighborhood meet minimum City standards. Gates may result in a reduction of traffic volumes on the gated passageway because it eliminates through traffic. Resultantly, traffic volumes on alternate through routes should be expected to increase. If the gated passageway is private, the increased traffic volumes on alternate public routes would result in higher maintenance costs for the City. Conversely, maintenance savings resulting from a decrease in through traffic in gated communities would be enjoyed by the resident owners. Finally, gated throughways would render the passage worthless to all but those able to operate the gate - when the gate is closed. In other words, only those that can open the gate are provided with unrestricted access to the passageway. Thus, the excessive use of gates could result in disruption of contiguous residential street networks, rendering the system useless and overloading arterial streets. The idea of installing entry/access-controlling gates is not new, but remains in conflict with the primal goal of the emergency responders from both the police and fire departments: a rapid and safe response to provide the earliest possible arrival and intervention. In the interest of a rapid response, state laws, city ordinances and departmental operating procedures address the safe and rapid response to emergencies throughout our response area. flistorical and scientific data demonstrate the many benefits of arriving as quickly and safely as possible, whether the emergency involves fire, violence, or medical or traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied structure or an event involving violence, any delay to a rapid and safe response can, and most often does, affect the successful outcome of the emergency. The Owasso Fire Department recognize,• io o adapt our emergency response goals to homeowner desires for entry/access-controlled gates. Realizing this, our strongest recommendation is to create and implement design criteria for the initiation of a gated o, PlacementCriteria for of In an effort to minimize thela1 s' .'!- time effect, many gated communities have gates that are ! audiblestandardized throughoutb. the emergencyresponders.Although each metht. •g. bears some merit, there is no one s to breach a closedcontinueaN'! response consistent non -gated The development of an ordinance addressing the design criteria should contain language addressing the following: 1® The requirement that all plats submitted with gated access require the approval of the Planning Commission and the City Council. Prior to the issuance of any building permits, the City Engineer, the Fire Marshal, and the Building Official shall approve a detailed Site Plan for gated access areas. 2® The requirement that any gate shall be located a sufficient distance from a public street to allow three (3) cars to line up at the gate to clear completely the right-of-way of the abutting public street without interfering with vehicles utilizing the public street. The minimum acceptable distance from the gate to the public street fight -of -way shall be no less than sixty -feet (60'). A turn around lane is required for vehicles unable to enter the gated development. 3. The prohibition of road spikes, barbs, or other tire damaging devices and spikes installed on gates. 4. The requirement for compliance of all engineering requirements adopted as City standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access developments. 5. The requirement for the formation of a Homeowners' Association, or similar entity, and for the names, addresses and emergency contact numbers of the Association be provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of all streets and/or fire lanes (if remaining private). (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying Fire Department officers during annual inspection and testing of the gate opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year-round maintenance. 6. The requirement that the minimum gate opening width, including clearance for all improvements related to the gate, be not less than twenty (20) feet wide per lane if there is to be ingress and an egress gates. %® The requirement for the installation of an emergency release or bitch pins on the control arm. This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. 8. The requirement for a battery back-up system for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. 9® The requirement for the gate to be equipped with a rapid entry key lock box, located at or near the main entrance to the property. The Fire Marshal shall approve the specific type of lock box and mounting location. (Alternative: some technological equivalent including light or noise activated opening). 10. The requirement for the location of all rapid entry key lock boxes, hitch pins, related equipment, operation of gate, signage, opening design, swinging or sliding operation of the gate or any other design specification be constructed and installed in accordance with the approved plans. 11. The requirement for the minimum paving width for all lanes entering and exiting the development at the gated entry is at least twenty (20) feet in width. All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City. Should parking along the street be requested by the developer, appropriate signage shall be provided and the minimum width of the roadway shall be twenty-six (26) feet. 12. The requirement that when any problems occur in the operation of the gate or any violation of any section of this ordinance, the gate remain open and accessible until the problem is resolved and/or the gate is service tested. 13. The requirement that proposed covered entry structures meet the minimum height of no less than fl-ftteen (13) feet. The width shall be no less than twenty (20) feet. 14. The requirement that any developer, Homeowners' Association, or other responsible property owners proposing any gated community provide the City of Owasso access assurance prior to installation of any approved gate. The access shall be provided by an casement to be dedicated to the City in the deed of dedication of the plat for utilities and essential City set -vices in the streets and common areas as designated on the subdivision plat. 15. The requirement that the developer, Homeowners' Association, or other responsible property owners provide for annual inspection of each gate to insure each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The requirement that verification of the access agreement and a copy of the latest inspection form on file with the City Clerk and the Fire Marshal including the contractor's name, address, and 24- hour-a-day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. 16. A requirement for a registration fee consistent with the latest City Council approved fee schedule paid to the City for plan review and inspection fees of all proposed gated communities. Additional considerations may be included in the design criteria or ordinance for the approval of gated communities. Among these considerations are: ® strobe light -triggered opener systems * required residential fire sprinkler systems in the houses within the gated community * required cardiac defibrillators accessible in central or duplicate locations within the gated community ® required intrusion alarms in the houses within the gated community * required looped residential telephone lines to the gate so that when dialing 911 from a house within the gated community, the gate automatically opens ® requirements for gates installed at apartment complexes or commercial facilities. Other considerations may arise with more discussion and research ensuring the safety and security of the citizens behind the gate, while affording the emergency responders a time -sensitive response into the controlled area. L .... .. .... 13174FIMPRI••11 101 111 1 111 � 1� 111111 communities. Pros The staff has identified at least five (5) areas that may provide benefit to law enforcement with regards to gated communities; Higher sensesecurity-oftendents in gated communities feel a higher sense of security with the enclosure of walls and fencing. factorsseveral ". o gatedf access. * Private communities�resources normally expended on patrolling streets, providing maintenance * Private and Public gated communities possibly provide a greater economic benerit(aspoint) to the city which may translatemore (€' whether private or public gated communities exist in the community both offer, opposedcases, better property values as othat are • enclosed resideprovides incentives to those who generally have more disposable income. * Higher probability in the apprehension of criminal activity from outsiders — in most cases persons that do not within the private ated community are easily being foreign to the area. Appreciationcontained appreciatewithin these communities tared to homes outside however this may greatly depend on whether the infrastructureprivatelyor using tax payer'sdollars. Cons The staff has also identified at least five (5) areas that may be disadvantages to law enforcement with regards to gated communities; ® Emergency access to gated communities -several methods are used to access gates leading into gated communities to include; key entry, keyless touch pad, manned security, siren activation, radio frequency activation and lighting activation and as in most cases they may prove to be dependable but not fail safe. Key entry in most cases is dependable however logistically it is very difficult for emergency services to maintain the key system, especially when multiple communities exist within the jurisdiction as well as it can be time consuming when trying to gain access. Keyless touch pads are somewhat difficult for police to manage and are extremely volatile to anyone having the entry code. Manned gates are, in most cases, more reliable but in many cases cost prohibited. Siren activation, siren activation and radio frequency are all acceptable to being duplicated, warning suspects to your arrival and are all acceptable to failure. ® Private vs. Public property® depending upon the classification of the property in question dictates how the police respond. One example would be if the streets remain public then police have no ability to remove a person that would normally be considered a trespasser on private property. The opposite of that would be if the streets were private very little traffic enforcement could result, exceptions do apply. Many other examples can be cited. * Segregation -Although not conclusive, research suggest that gated communities strengthen the idea of segregation in a community therefore posing a risk to strong cohesive relationship between the rich and poor in essences creating social divide in the community. * Crime perception vs. reality -perception is that crime is lower in gated communities when in reality statistics show little difference partially in that most people that can afford to live within gated communities can reside in neighborhoods that have very little crime anyway. ® Crime in most cases is close to home- statistics show that most property and person crimes are perpetrator by persons that either live close to victim or know the victim. The staff has been requested to research the legal issues surrounding implementation of an ordinance authorizing gated sub -divisions within the Owasso community. While numerous benefits and drawbacks may be presented by both those advocating and opposing gated communities, the focus of this memo addresses potential legal issues and liabilities the City might incur if an ordinance regulating gated communities, either on private or public roads, were to be adopted by the City Council. It should be noted at the outset that staff has been unable to locate a municipality within Oklahoma, or any other state, that has statutorily authorized and allowed gated communities on public roadways. Conversely, numerous cities have adopted ordinances regulating all aspects of design, operation and function for gates placed on private roads. As a result, it is well settled at this juncture that municipalities are soundly within their discretion to allow placement of gates within sub -divisions wherein the roads are wholly owned by the sub -division's homeowners. In stark contrast, however, there is a complete void of legal authority establishing precedent for a municipality's ability to allow placement of gates on public roadways. Litigation Potential - An informal poll of city attorneys fi-om several municipalities revealed a unanimous belief that tolerance or blessing of private gates on public streets by a municipality would imminently result in litigation. As noted above, research of both federal and state appellate decisions revealed no authority whatsoever which is supportive of a city's right to allow gates on public roadways. However, it should be noted that while staff strongly anticipated finding settled authority prohibiting the same, such was not the case. Although the courts have spoken to ancillary and related issues on various occasions [lack of right to privatize surrounding streets, Hicks v. Commonwealth of Virgim & VA. Ct. App. (2004); lack of right to restrict a "traditional public forum' United States v. Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to authorize gating of public streets has not been addressed. In Kokinda, the United States Supreme Court made clear that the public's use of public properties which are considered traditional public forums, such as streets or sidewalks that are being used for lawful purposes, will be allowed significant constitutional protection, and statutory attempts to encroach upon the public's use are subject to intense judicial scrutiny. the traditional legal analyses utilized by the courts in similar types of cases. The initial consideration requires a preliminary detennination regarding the type, nature and extent of liability potentially incurred by the City if an ordinance authorizing public road gating were adopted. One possibility would be a private right of action asserted by a taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been utilized solely to benefit private parties rather than to benefit the public as a whole. While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it should be noted that the plaintiff would be unable to assert any actual, real or provable damages against the City. Judicial remedy would likely be restricted to injunctive relief against the City compelling removal of the gates. Recourse for the City, in the face of such an adverse verdict, could be as simple as requiting the homeowner's association to assume ownership of the roads within the gated area. An additional possibility, which would subject the City to greater liability than a taxpayer right of action, is the potential for a plaintiff to file an action claiming impairment of his or her constitutional rights under the 14th Amendment of the United States Constitution. Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty interest rights. In this instance, potential remedies are more significant. The initial prong of a court's analysis would seek to determine whether or not a federal liberty interest has been abridged by allowing placement of private gates on public roadways which restrict public access. If such an interest is found to exist, the judicial standard of review would be strict scrutiny. This is the highest form of judicial review and is only invoked by the courts when a fundamental liberty interest, or some form of generally prohibited discrimination, is at issue. Essentially, the City would be required to prove that allowing gates on public roadways is the sole means by which it can accomplish an important and necessary governmental objective. More often than not, ordinances are stricken as unconstitutional under this standard of review. Assuming that a fundamental liberty interest is not found to exist, a court would employ the rational basis standard of review. Therein, an ordinance must permissibly and reasonably set forth a means to accomplish an important governmental goal, 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? If the City could sufficiently establish the necessity of private gates on public roadways under this analysis, defense of the ordinance might be successful. This presupposes, however, that the plaintiff is unable to mount a successful challenge on grounds of equal protection. The standard employed by a court reviewing an ordinance alleged to violate the Equal Protection Clause of the Constitution is strict scrutiny, as discussed above. In this instance, a plaintiff would allege disparate treatment among the citizenry of Owasso based on residence, and, by implication, wealth. Although wealth has not been recognized as a protected class for purposes of equal protection, under strict scrutiny review an equal protection challenge has some chance of success in the courts. Traditionally, the courts have been protective of differing treatment by governmental entities which is based either in fact or implication on the social status or wealth of individuals. Conclusion - There are no significant legal issues created by the City's decision to allow placement of gates on private roadways. Presumably, any delay in response time by emergency personnel due to malfunction of the gates falls within the doctrine of assumption of the risk. However, an ordinance permitting private sub -division gates on public roadways is highly likely to result in litigation if challenged by a citizen. The City would have no legal precedent upon which to base its defense and would be compelled to successfully establish that a fundamental liberty interest is not present and that the ordinance is not violative of the Equal Protection Clause. Litigation of this type is likely to be protracted and expensive, and the outcome is uncertain at best. Therefore, staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refrain fi-om expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. C egory 0 fear of outsiders are the most common motivation for gates. In most examples of these neighborhoods, residents, not developers, install gates and fences to their previously open neighborhoods. Benefits for the homebuyer - There exist different reasons for households to find gated communities desirable. A gated development's reputation is often attractive for households seeking status. Privacy and quiet isolation may be preferred. Traffic is not as heavy in a gated community as it would be in a non -gated counterpart. The perception of crime is lower when a neighborhood has a security gate; indeed, a poll conducted by the Community Associations Institute reported that 70% of gated community residents believed their community was safer than surrounding areas (Harris and Evans, 1999). Properties inside gated developments can offer solid investments — a 2001 study on property values indicated that the expected sales price for a 2,500 square feet home was 7.6% higher inside a gated neighborhood than a non -gated neighborhood with a homeowners' association, and 25.91/o higher than a non -gated neighborhood without a homeowners' association (LaCour-Little and Malpezzi, 2001). Benefits for the City - The most compelling benefit for a municipality to allow gated communities is that a 1996 survey conducted by the National Association of Home Builders revealed that 47% of homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows neighborhoods to have gated entrances may realize a significantly larger pool of prospective homebuyers than a city that does not. Drawbacks for the homebuyer - Owasso residents in Fairways V have reported a reluctance to support a security gate because of the noise it would generate while in operation. Another drawback is the increased cost of homeowners' association dues as a result of gate maintenance. Additionally, deliveries and guests would be inconvenienced when visiting households within a gated community. Postal service and other set -vices would be at the discretion of the service providers, unless the gates were open at the time the services are delivered. Drawbacks for the City — According to conversations with planning and development departments elsewhere, many cities have policies that gated communities do not receive police patrols, resulting in an increased number of speeding motorists and a subsequent increase in the risk of traffic accidents. Those conversations also r - - 1 - -us t " a eS!e- 0 '1161pf- I iwe-f7r open a gate. Summary of general research - The findings of the stafFs research indicate that gated communities can be a very divisive issue. Many planners regard gates as part of a troubling trend to limit access to residential and other areas, 44representing a retreat from the public realm... a dramatic manifestation of the fortress mentality growing in America," (Blakely and Snyder, 1997). The development patterns established by gated neighborhoods are perceived as deleterious to the social fabric by the entertainment industry, the media, social workers, and have even been the subject of science fiction novels (Le Goix, 2003). An activist organization calling itselfHeavy Trash has even been formed that places viewing platforms near the entrances to gated communities in Los Angeles so that passersby can took into the gated communities. However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance property values cannot be overlooked. The primary appeal of gated communities is their promise of improved security (McGoey, 2005). Most gated neighborhoods share three general points: 1) A homeowners' association. Existing associations require compliance with covenants and deed restrictions before homeowners finalize their paperwork. If the covenants are not already established, unanimous agreement is required. 2) A near consensus among the residents that gating is desirable. 3) Usually, the neighborhood is bordered by a natural or man-made boundary so that gating a few key access points will provide adequate security. Most homeowners like to feel a part of a community. They expend some effort to create or seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of this effort, gated communities can be seen as attempts to recreate the idealized small American town where everyone knows and cares about each other. -- --- ------ - The following recommendations from the staff share one basic characteristic — that provisions should be developed allowing for gated neighborhoods. Taken together, the recommendations cam for gates to be allowed only on private, non -collector streets and under the guidelines of specific criteria to be adopted by the City. I From Public Works: Gated entrances have no significant impact on our ability to provide water, sewer, refuse collection and street/drainage maintenance services. If used excessively, they could result in the dismembering of the City's residential street network, overloading alternate routes. On the other hand, when used appropriately, gates can provide an attractive amenity to our residents. 2. From Fire Department: The staff recommends that strict criteria be adopted for the installation of gates into developments. 3. From Police Department: It is the recommendation of the staff that strict guidelines be developed regarding emergency services access and that the streets and sidewalks be privatized. 4, From City Attorney: The staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refi-ain fi-orn expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. 5. From Community Development: The staff recommends that the City of Owasso create provisions that allow for the development of gated neighborhoods. Further, the staff recommends that gated neighborhoods only be allowed on streets that do not provide connections between arterials. ATTACHMENTS: 1. Memorandum from Ana Stagg 2. Memorandum from Bradd Clark 3. Memorandum fi7om Dan Yancey 4. Memorandum fi7orn Julie Lombardi 5. Memorandum fi7om Eric Wiles EM HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real Estate Center Journal, 1323 (July 1999), 50-52. LaCOUR-LITTLE, M. & MALPEZYL S. (2001). Gated Communities and Property Values, A paper presented to the American Real Estate and Urban Economics Association. LE GOM R. (2003). 1he Suburban Paradise or the Parceling oj'Cifies? Los Angeles, CA, UCLA International Institute. McGOEY, C. (2.005). Gated Communities. Los Angeles, CA, Aegis Books, Inc. Page lnf| Rav,Rodney Fnmnn: Ray.Rodney Sent: Friday, February 24.20064:30PM To: Brent BnontColgan; Craig Thoende| (unaig@vertem-teohho|ogiea.00m); Steve CobaudeUa; Susan Kimball; Tim Rooney; Wayne Guevara Cc: Directors; Brenda Lawrence; Dee Soko|uoky; Frank Enzbrenner; Gary Akin; Steve CabaudeUo; Tom Kimball; Brenda Snow; Chris Lowther (E-mail); Dale Prevett; Frank Enzbrenner (E-mail); Me|any Shawnee; Steve Baker Subject: Sales Tax Councilors: Aayou know, monthly sales tax receipts for the past four months have been somewhat disappointing. Our expectations and projections were not being met and, initially, there was some concern that our staff may have erred inthose projections. Then, in late January it was discovered that some of the newer businesses were not reporting sales tax revenue tothe City nfOwasso. That discovery eased the concern about the projections but did not resolve the problem. Ms Bishop contacted the Oklahoma Tax Commission and requested a review of the reporting businesses and a comparative analysis of those who were reporting to those who had been issued Oklahoma Tax |Dnumbers. That review indicated onumber ofbusinesses that were not reporting sales in Owasso amrequired (estimated et17oamfthe last oount). The Oklahoma Tax Commission has now notified the City of Owasso that a significant portion of sales tax revenue has been credited toand transferred tothe City ofTulsa. While the amount ofthat credit has yet tobe reported to us, it appears to be substantial because Target is among those crediting their sales to Tulsa (several other stores are also reporting to Tulsa and one large retailer who has never done business in Oklahoma apparently has been reporting sales tax under the category of "use tax" {we hope to Owasso but at this point there may bereason tobelieve they too have reported tax toTu|seD. Target has now filed onamended sales tax report with the state. Mr. Hayes and Ms. Bishop are working to ensure that all of the retailers are filing correct reports and that October, November, December and January receipts are credited to Owasso. That process may bake another week and then require some staff effort to assist those who should amend their filings with the state. There are still questions relating to the process and time -frame for the return of our sales tax dollars that have been misdirected huTulsa. While there is no question that the reimbursement will be made, there is, at this point, less than clear answers autnwhen the tax will bepaid toOwasso. | hope those questions will beanswered early next week. | will keep you informed asbothe status ofthat payment. /fyou have questions please call Ms. Bishop orme. 2/24/2006 Page of oC Rooney, Timothy Frmn/: Rooney,TlmoUw Sent: Friday, Friday.February 24.2UU01010AyW - To: 'onai0@vedex-hachno|ogieo.com';'CabsudeUo.Stephon';'skim ball @cityofowaoau.00m'; 'boo|gan@oityofowoaeoxom';'wQuevora@tbhinc.org' Cc: Ray.Rodn*y Subject: Fire Station #3 Rental Councilors, Aoyou are aware, the City of Owasso recently completed the purchase ofthe property which will eventually become Fire Station #3. Plans for the Fire Station are still being developed and construction will not begin until FY2OOS-07. The property islocated at0002 N. 145Uh E.Avenue and also contains otwo-bedroom dwelling. Shortly after closing on the property, staff was contacted regarding the possibility of renting the structure on a short term basis. After inspecting the structure and consulting with an independent realtor, staff developed a lease agreement. The agreement was reviewed by Ms. Lombardi and the structure was inspected by Mr. White and Mr. The tenants will Lemoving intoday and |wanted tocommunicate that to you inthe event that you witnessed activity on the property. If you have any questions, please do not hesitate to contact me. Sincerely, Tim 2/24/2006