HomeMy WebLinkAbout2005.12.13_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
December 13, 2005
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, December 9, 2005.
I
0
I
M
Juliann M. Stevens, Administrative Assistant
"Iwil
Call to Order
Mayor Thocrndel
Demonstration and training on the use of an electronic City Council Voting System
Mr. Rooney
Ms. Willson
Discussion relating to Grant Applications
Mr. Rooney
A. Fire Department
B. Police Department
Discussion relating to Community Development Department Items
Mr. Rooney
A. Annexation (1)
B. Easement Closure (1)
C. Residential Side Yard Set Back Policy
Owasso City Council
December 13, 2005
Page 2
5. Discussion relating to Finance Department Items
Mr. Rooney
A. Imprest Account for Workers Compensation
6. Discussion relating to Fire Department Items
Mr. Rooney
A. Fire Lane Ordinance
B. Donation Acceptance from Red Robin Restaurant
7. Discussion relating to Police Department Items
Mr. Rooney
A. Jail Agreement Renewal with the City of Collinsville
B. Vehicle Purchase
S. Discussion relating to City Manager Items
Mr. Ray,.,
,Presentation of a proposed Landscape Ordinance
Gated Communities
esentation of the Stormwater Masterplan
D. C4.y Manager's Report1. 3 Lakes Village
�. HWY 20 Widening Project
�,�Conoco Phillips
4. Silvercreek Update
9. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Thoendel
10. Adjournment
S'-AeendaSTOUIIC I Woi k Sessioir'005 J III doe
11. It l ', i i i
TO: THE HONORABLE MAYOR AND COUNCIL
CITE' OF OWASSO
FROMa BRADD KB CLARK
FIRE CHIEF
SUBJECT: FIRE DEPARTMENT CEDAP APPLICATION
DATE: December 7, 2005
BACKGROUND
The Fire Department is in the process of applying for the Department of Homeland Security
Commercial Equipment Direct Assistance Program (CEDAP) grant. The proposed application is
for the acquisition of a hydraulic pump and rescue tools for use at rescue incidents involving
entrapment of occupants. The value of this application is approximately $20,000.
CEDAP GRANT PROCESS
Emergency responder agencies are able to acquire specialized commercial equipment through a
direct transfer program initiated by the Department of Homeland Security's (DHS) Office of
State and Local Government Coordination and Preparedness (SLGCP). Through a Congressional
mandate, the new DHS program will transfer technologies directly to smaller jurisdictions and
eligible metropolitan areas.
One of the central goals of CEDAP is to assist smaller jurisdictions who cannot otherwise afford
state-of-the-art equipment for their roles in important homeland security missions. The CEDAP
application award process does not require matching funding from the municipality nor does it
require emergency response beyond the current services provided by the City of Owasso.
HYDRAULIC RESCUE TOOLS:
The proposed application will be for AMKUS hydraulic spreaders, cutters, and rams. The
AMKUS rescue tool system would be an addition to the City's current tool capability, and if
awarded and accepted, would be stored and utilized on the planned Fire Station #3's fire engine.
It is predicted that the acquisition of this tool system will be beneficial in the reduction of the
City's Insurance Services Office (ISO) rating. The City of Owasso has received an award
through the CEDAP program previously, when a Bullard Thermal Imaging Camera (TIC) was
secured by the Fire Department.
GRANT I+UNDING:
The CEDAP acquisition program requires no matching funds from the City. DHS will purchase
and transfer the tool system, if awarded.
RECOIYIMENDATION
This is an information only item. The staff intends to proceed with the application process unless
there are concerns expressed by the City Council.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OASSO
FROM. AYANCEY
CHIEF OF POLIC-11.'
SUBJECT, HOMELAND SECURITY GRANT
TARGET HARNENING
DATEa December 8, 2005
BACKGROUND
In March of 2005, the Oklahoma Department of Homeland Security (ODHS) announced
the availability of funds for the purpose of Target Hardening. Target Hardening is a basic
tool providing for safety and security. It involves making targets resistant to criminal
attack through the installation of locks, lighting, or alarms. The level of target hardening
depends on the target being protected. For most structures, good quality dead bolt locks
on exterior doors and locks on windows are all that is required for target hardening.
Government instillations, however, require increased protection as the potential threat is
much higher.
Also during March of 2005, the Police department made application through the ODHS
in order to improve security within that department and City Hall. In the application,
staff focused on five main areas: improve and increase monitoring through video
surveillance, increase the number of doors with computer access control, increase
recording capability, develop a new generation employee identification card system, and
install bulletproof glass in the communication center (Dispatch).
In order to complete the assessment for this project as required by the application, the
staff solicited quotes from two local vendors. The lowest quote received at approximately
$56,750 met the requirements and needs of the project. The staff plans to make one
addition to the access control which will result in a request for funding totaling
approximately $60,000. If the initial application is approved by ODHS, staff will
advertise the project through a formalized bidding process as required by ordinance.
FUNDING:
There is no match requirement for this grant however the grant is funded on a cost
reimbursement concept. The department will expend monies through its existing budget
and subsequently claim reimbursement from the Oklahoma Department of Homeland
Security.
RECOMMENDATION:
Staff intends to proceed with the application process unless concerns are noted by the
City Council.
Fk"
Sub -Grantee: Owasso Police Department
Date: 11/10/2005
LOCATION
EQUIPMENT
QT Y COST PER
EST. TOTTL7
(Listed by Priority)
QTY
COST
I. P
Police Department
23 Camera Video & Audio Surveillance System
43,000.00
543,000.00
-Municipal Building
2. Police Department
5 Card Readers & Panel
l 3—,450.00
5_3,450.00_
Municipal Building
3. Police Department
Bulletproof Glass
1 5,000.00
55,000.00
Dispatch Area
4. Police& Municipal
Card I.D. System
1 3,800.0-0
__53_,800.00
Building
5. Police & Municipal
Panic Buttons
6 250.00
S1,500.00
Building
$56,750.00
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCIILLEY
CITY PLANNER
SUBJECT: ANNEXATION _. (OA-05-10)
DATE: December 8, 2005
BACKGROUND
The City of Owasso has received a request to review and approve the annexation of
approximately 20 acres, located at the northwest corner E. 94"' Street North and N. Garnett Road.
LOCATION
The property is located at the northwest coiner E. 94"' Street North and N. Garnett Road. A general
area map has been attached for your review.
EXISTING LAN_ _D USE
Undeveloped
North: Commercial
South: Commercial
East: Residential
West: Residential
PRESENT ZONING
CS (Commercial Shopping District) and RTH (Residential Townhouse District) — Tulsa County
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police 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 + VIEW 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 Amnexation 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 Amnexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will mare the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted the ordinance is circulated
to appropriate regional and national agencies for recording and altering maps.
CONSIDERATIONS OF AN ANNEXATION
The following annexation policy for the City of Owasso is provided as a guideline and should
not be constructed as inflexible requirements for annexation.
1. While there is no minimum tract size, properties of larger than 20 acres are preferable.
2. All properties should be contiguous to existing City Limits.
3. All properties should be annexed into the City limits as the lowest zoning classification,
that is, Agricultural (AG). Landowners may then petition for rezoning if they desire
further development of their property. All legal uses annexed into the City will be legal,
but non -conforming, which means that they may continue but cannot be expanded
without proper zoning.
4. All public infrastructures that do not meet City standards will not be improved by the
City until brought to the City standard and accepted by the City Council. Such public
facilities must be improved at owner's expense by the establishment of a special
assessment district or some other financing method.
5. Where a City limit boundary ends at a dedicated street, the boundary will not include the
street right-of-way. This policy will establish consistency and allow City employees and
citizens to know where the City boundaries are.
6. Properties that arc rejected for annexation should not be considered for annexation for a
six month period after rejection by the City Council.
ANALYSIS
Staff received a petition from Owasso 20, LLC, requesting the City to annex approximately 20
acres of property. At this time it is our understanding the applicant is requesting this annexation
petition in order to begin a process that will result in the development of commercial and office
development. The request is consistent with the Owasso 2015 Land Use Master flan as it calls
for commercial development in the area.
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 property would be served water and sewer by the City of Owasso.
In regards to the Owasso Annexation policy the request is larger than 20 acres and it is
completely surrounded by properties that are within the City of Owasso. If annexed, it is the
staff s recommendation that the subject property retain the Tulsa County commercial zoning
designation as allowed in section 110.3 of the Owasso Zoning Code, where it states "When any
territory shall be brought into the zoning jurisdiction of the City of Owasso by annexation or
otherwise, such territory shall be deemed to be in the AG Agriculture district, provided, however,
that the City Council may annex and rezone in one ordinance properties given previous zoning in
Tulsa County". It is also the staffs recommendation that the western portion of the property be
annexed as AG (Agriculture district), requiring a rezoning of the western portion of the property
prior to its development.
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 December 7, 2005 meeting the Owasso Annexation Committee unanimously
recommended approval of OA 05-10.
PLANNING COMMISSION:
The Owasso Planning Commission will consider the application at a public hearing conducted
on December 12, 2005.
RECOMMENDATION
The staff intends to recommend approval of annexation request OA 05-10.
ATTACHMENTS
1. General Area Map
2. Applicants Annexation Petition
E. 96th ST. N
Ssect
Property
20 ACRES,
Owasso Community
Development Department
I I I N. Main St.
Owasso, OK 74055
918. a7 6.1500
918.376.1597
w-ww. city ofowasso. com
October 30, 2005
Mr. Chip MCCUIley
City Planner
City of Owasso
WvEmail -Lzncadlo -:i ofmvassQ on:y y@� _� _,,c
Re: Annexation of Owas�o 7_, LLC (formerly the Spears tract at thm
NEc of 96th & Garnett) and Owasso 20,, LLC (formerly the Harre
tract just south of 96th & Garnett) I
I want to plat the above referenced tracts of land as soon as possible.
understand from our conversation that I will first need for the City of Owasso
annex the properties. Please consider this letter a formal request for the City
begin the process of annexing the properties, Please let me of any steps I c
take to help expedite tc proess. Thank you in advance for you help. I-.
Sincerely,
I II �1►�' � ' _ ►1a l ,
TO:
FROM.
SUBJECT.
DATE:
EASEMENT CLOSURE (Heritage Construction)
December 89 2005
BACKGROUND:
The City of Owasso has received request to review and approve an casement closure of 240 sq ft
of a 20' utility casement located on the cast side of Lot 6 of Block 1 as shown on the filed plat of
the Country Estates VI.
EXISTING LAND USE:
Single Family Residence
SURROUNDING LAND USE:
North: Residential
South: Residential
East: Residential
West. Residential
LOCATION
The easement in question is a 20' utility easement located on the east side of the subject
property.
EASEMENT CLOSURE VIEW PROCESS
The Easement Closure review process is initiated when a property owner submits a letter
requesting approval from the City of Owasso to vacate an easement. The letter is accompanied
by the correct fee, survey drawings and letters from all easement grantees approving the
request.
Upon receipt of a complete application city staff will begin reviewing the proposal for
compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering
specifications.
The proposed easement closure will then be presented to the Owasso Technical Advisory
Committee (TAC) for review and recommendation. At that meeting utility providers and city
staff are afforded the opportunity to comment on the technical aspects of the request. The
TAC will forward a recommendation to the Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the application is
compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria.
The Planning Commission will forward a recommendation to the City Council.
The Owasso City Council will then determine if the request meets city specifications and
approve or deny the request.
No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid
or impart notice until after the required consent of such platted area is presented to the City
Council and the approval of the Council is entered thereon. All vacations or alterations of a
final approved filed plat shall require the approval of the Planning Commission and City
Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of
a plat without approval shall constitute a violation of these Regulations.
ANALYSIS.
The applicant is requesting this review in order to take appropriate action relating to matters
allowing for the closure of 240 sq ft of a 20' utility easement located on the east side of Lot 6 of
Block 1 as shown on the filed plat of Country Estates VI.
No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid
or impart notice until after the required consent of such platted area is presented to the City
Council and the approval of the Council is entered thereon. All vacations or alterations of a
final approved filed plat shall require the approval of the Planning Commission and City
Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of
a plat without approval shall constitute a violation of these Regulations.
TECHNICAL ADVISORY COMMITTEE®
The Owasso Technical Advisory Committee reviewed the easement closure at the December 7,
2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the
opportunity to comment on the plat and request any additions and/or concerns. The Technical
Advisory Committee recommended approval of the Easement Closure without condition.
PLANNING COMMISSION:
The Owasso Planning Commission will consider the application at a public hearing conducted
on December 12, 2005.
COMMENDATION
The staff intends to recommend approval of the easement closure.
ATTACHMENTS:
1. General Area Map
2. Easement Detail
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Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
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A tract of land situated in Lot 16, Block I, Country. Estates M, an Addition to the City of
Owasso, Tulsa County, Okiahorna, according to the recorded plat tiepe
au foflomsof, described
Commencing at the NE corner of smid Lot 16; thence'vVe-st along the north line of said
lot a distanw, of J&00 feet to the POINT OF REGINNING: thence S00'16"14-0y a
distance of 80M feet-, thence N89-43'46"W a distance of 4. 00 fepty, thence
N00"1614M a distance of 60.00 feet to a point on said north line; thence East along
said north line a distanm- of 4,00 feet to the POINT OF BEGINNING
Containing 0.01 acpas,
Heritage Construction Corporation
P.O. Box 454 Collinsville, Oklahoma
Phone 918-371-5130 Fax 918-371-5840
October 17, 2005
City- of Owasso
Owasso; Oklahoma 7405:5
To Whom It May Concern:
I respectfully respect to close a utility easement located at 112.01 E 121" Ct. N.
Collinsville, Oklahoma 74021, AKA Lot 6 Block I Country Estates VI, an addition to the
City of Owasso, Tulsa County Oklahoma according to the recorded plat thereof.
Enclosed you will find a copy of the Mortgage easement that does show the
encroachment in said Utility Easement. If you should request additional information
please contact me at the numbers listed above.
S incef-e-li
George L. Sallee Jr.
Heritage Construction Corporation
TO: THE HONORABLE MAYOR AND COUNCIL
CffY OF OWASSO
FROM: ERIC WILES
COMMtT-NV--rV- DEVELOPMENT DIRECTOR
SUBJECT': SIDE YARD SETBACKS IN SINGLE-FAMILY ZONING DISTRICTS
DATE: December 5, 2005
Currently, there are three developing subdivisions with approved 5' and 5' side yard setbacks. Bailey
Range, an 87-acre subdivision at the southwest comer of East 96th Street North and North Mingo
Road, was approved for 5' and 5' side yard setbacks by the Board of Adjustment in September.
Sawgrass Park and Morrow Place each had the same provision approved for their PUD's in
November. At the November City Council meeting, the Council requested that the staff bring the issue
of side yard setbacks to the Planning Commission and City Council in December. The Council intends
to consider changing the zoning code, currently requiring side yard setbacks of 10' and 5' in single-
family districts, to allow for setbacks of 5' and 5'.
It is understood that an original basis for requiring side yard setbacks of to be 10' and 5' was to allow
for firefighting equipment to access land in the rear of residential properties in an era when subdivisions
were becoming less and less likely to provide alleys between rows of lots. In the decades since that
time, technology and experience have shown that this reason is invalid; fences are built along property
lines anyway, and firefighting equipment and tactics are more capable of dealing with a possible
conflagration now than they were when the setbacks standard was established.
The staff has researched both the building code and the fife safety code, and found that as long as
single-family structures are separated by at least six feet, no special measures need to be taken to
protect the structures from each other in the event of a fire. Of course, the proposed setbacks of 5' and
5' would mean that single-family structures are separated by at least ten feet, more than adequate
distance to meet this requirement.
Further, the proposed setbacks standard would give builders more flexibility in the housing options that
they provide to homebuyers. An example of this is the increasingly popular house with a three -car
garage. This flexibility will ultimately result in a greater variety of housing opportunities for those who
might be interested in relocating to Owasso. Therefore, a changed setbacks standard would provide
Owasso with a distinct advantage in our attempt to serve households within the Tulsa metropolitan
marketplace.
The staff intends to recommend approval of the change in side yard setback requirements to allow for
side yard setbacks of 5' and 5' within single-family residential zoning districts.
�a
TO. HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM -SHERRY BISHOP
DIRE,FINANCE CTOR
SI1BJEcTm PAYMENTS FOR WO KI+,R'S COMPENSATION CLAIMS
AUTHORIZATION FOR IMPREST ACCOUNT
DATE. December 9, 2005
The City of Owasso has been self insured for Worker's Compensation insurance coverage since
1992. All expenditures for employee compensation, medical claims and settlements are paid directly
by the City of Owasso. The City has a contract with United Safety and Claims for claims
administration services. Among their services as our third -panty administrator, is the review of all
medical bills to determine if they are reasonable and payable under the Worker's Compensation law
and do not exceed the allowed schedule of medical fees for treatment provided.
The current city ordinance requires that invoices or claims be presented to the governing body for
approval (with some exceptions). Exceptions can only be made when there is an ordinance allowing
the exception to be made, otherwise checks or payments cannot be issued until after approval of the
claims list by the City Council. One of the services available and included in our contract with
United Safety and Claims is for the preparation and issuance of checks for normal claims and
settlements. Allowing our third -party administrator to pay our claims would not only reduce the
amount of paperwork processed by staff, it would prevent invoices containing confidential medical
information from being submitted to the Finance Department.
In order for United Safety and Claims to pay our worker's compensation claims, an imprest account
would need to be established. The imprest account would be a bank account in the City of Owasso's
name with check signing authority given to United Safety and Claims. An initial balance of $50,000
would be established and funds would be replenished upon Council's approval of the claims list.
Utilizing the services of United Safety and Claims to prepare and issue checks for worker's
compensation claims would provide more timely payment of medical claims and relieve staff of a
task over which we have little control or oversight. Removing the direct payment process from the
finance department and the City Council meeting agenda would also improve the security over
confidential medical records. The payment, approval and replenishment process would be similar to
that used for the petty cash imprest account as authorized in the current ordinance.
City Ordinance No. 819 provides processing methods for purchases and cash disbursements.
Authorizing the third -party administrator to pay worker's compensation claims would require an
amendment to that ordinance. The amendment would authorize the establishment of a worker's
compensation imprest account with a balance not to exceed $50,000 and with check signing
authority given to the city treasurer and the contract third -party administrator.
a
TO- THE N EE MAYOR AND COUNCIL
CITE OF OWASSO
FIRE, CHIEF
SUBJECT-
ORDINANCE #834
DATE: December 6, 201
BACKGROUND:
The proposed Fire Lane Ordinance, attached for your information and review, bridges a
realized gap between the requirement to designate and maintain fire lanes with the
enforcement power necessary to keep the fire lanes cleared of parked vehicles. The
International Fire Code requires fire lanes, and addresses the signagc and painting
requirements to designate such, but is silent as to the aspect of the enforcement ability of
local entities to clear the fire lanes of parked vehicles.
The ordinance, if approved, allows both the Police and Fire Departments to enforce the
provisions of the ordinance for those who park in the designated and identified fire lanes
in Owasso. The ordinance also creates the necessary bridge between the designation of
the fire lane and the penalty fee schedule for violators of the ordinance. As stated earlier,
although there is a fee schedule for the violations that may occur as a result of parking
and/or obstructing a fire lane, current enforcement ability and authority is vague at best.
RECOMMENDATION:
MENDATION:
The staff intends to recommend City Council approval of Ordinance #834 at the
December 20, 2005 regular meeting.
A'rTACHMENTS
1. Fire Lane Ordinance Proposal
No
RME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT -
SECTION ONE (1): Part Fifteen, 'Traffic and Vehicles, Chapter i, Stopping, Standing and
Parking Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by
providing and codifying as follows:
(1) Fire lane markings. Fire lanes shall be designated on all sides by painted curbs, signs, or
stripes, or by a combination of these as approved by the Fire Marshal.
(2) Parking of motor vehicles in fire lanes or otherwise obstructing fire lanes shall be
prohibited at all times.
Exception: Emergency vehicles during emergency situations or operations.
(3) Parking of motor vehicles in fire lanes, or otherwise obstructing fire lanes, on public or
private property shall be prohibited at all times.
(4) Fire lanes and driveways shall be located so that all buildings served by them are accessible
to fire equipment.
(5) Access during construction. The contractor or person in charge of any construction site
for commercial, industrial, mercantile, educational, institutional, assembly, hotel, motel, multi-
family dwelling, mobile home park, or any other commercial occupancy whose structures total
more than 4,000 square feet shall provide and maintain fire lanes as shown on approved site
plans. Fire lanes shall be constructed of asphalt, concrete, or other alternative pre -.approved by
the Fire Marshal and sufficient to support fire apparatus.
(6) Fire lanes shall be not less than 20 feet unobstructed width and a minimum vertical
clearance of 14 feet. An approved temporary fire access lane shall be in place prior to any above -
slab construction or storage of combustible materials on site.
(7) The Fire Department and the Police Department shall have authority at any time to enter
property to enforce the provisions of this section.
The Fire Department and the Police Department shall have the following powers and duties:
(1) To enforce parking regulations in those areas properly designated and marked as a fire lane.
(2) To issue citations for vehicles improperly parked in fire lanes. The citation shall contain
the time, date, vehicle tag number, make, year and color of the vehicle. The Fire Marshal or
Police Officer shall conspicuously affix a copy of the citation to the vehicle. The citation shall be
on a form provided by the City.
(3) The said citation shall be filed with the Municipal Court within three days after issuing the
citation.
Ca All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
Razz
"'• �. �3
D. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
QA7ZYI,I_�", Wr l:,�►i 011111 [i11 Y►�/ D�I7� LY
E. The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6)o CODIFICATION
F. `.-1'he City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be
codified in Dart 1.5, Chapter 7, as section 15-726.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
2005.
Craig Thoendel, Mayor
Sherry Bishop, City Clerk
APPROVED as to form and legality this day of 92005
Julie Lombardi
City Attorney
3
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIRE E CHIEF
SUBJECT' RED ROBINGOURMET BURGERS DONATION
DATE: December 7, 2005
BACKGROUND
Red Robin Gourmet Burgers, the casual dining company that serves up wholesome fun,
feel -good experiences by offering its guests an imaginative selection of high -quality
gourmet burgers and innovative menu items in a family -friendly environment, celebrated
the grand opening of its first Owasso, Oklahoma location by raising $2,327.50 for the
Owasso Fire Department.
As part of Red Robin's ongoing commitment to local communities it serves in Oklahoma,
the restaurant donated 50 cents from every gourmet burger sold during opening week,
November 7-13, to the Owasso Fire Department. The fire department intends to use the
funds to support their public education programs.
DONATION USE:
The money raised during the restaurant's opening will assist the Owasso Fire Department
in the creation and distribution of informational brochures during or after emergency
medical incidents. These brochures will inform the victims or relatives of victims about
common illnesses and injuries that resemble those the victim may be suffering.
Although brochures resembling the proposed exist, the intent of this campaign is to target
the common ailments found by Owasso medics, and identify the Owasso Fire Department
on the brochures. Currently, this program does not exist, but can be created as a result of
Red Robin's donation.
RE COMMENDATION:
Staff intends to recommend City Council acceptance of the donation in the amount of
$2,327.50, and approval of an amendment to the FY 2005-06 General Fund Fire Services
Budget increasing revenues by $2,327.50 and approval of a supplemental appropriation
increasing expenditures in the same amount.
TO: THE HONORABLE MAYOR AND CITE' COUNCIL.
CIT`i' OF OASSO
FROM-
j,3 ttN ! , d i.
CHIEF
O POLICE
SUBJECT- EXTENSION OE JAIL, SMVICES FOR COLLINSVILILE
DATE. December 6, 2005
In December 2001, the City of Collinsville City lull was destroyed due to a stricture
fire, which also contained the fire and police operations. At the time, their police
department was operating a 24 hour holding jail, by Oklahoma jail standards. Asa result
of the loss of the jail, the Collinsville Police Department has been unable to effectively
process and hold prisoners on Collinsville municipal charges for lack of j all space.
In March 2003, the City of Collinsville approached the City of Owasso about providing
temporary jail space in the event their police officers arrested someone on municipal
misdemeanor charges. The City of Owasso being receptive to helping a neighboring city,
began the process of examining legal and procedural requirements, compensation and
proper documents for the Intcr-local agreement.
AUTHORITY:
Title 74, of the Oklahoma Statute, Chapter 31-1001 is a statute that provides
municipalities with the authority to enter into inter -local agreements. The purpose of
Section 1001 is to permit local governmental units to make the most efficient use of their
authority by enabling them to cooperate with other localities on a basis of mutual
advantages; thereby providing services and facilities that will accord best with
geographic, economic, population and other factors influencing the needs and
development of local communities. The cooperating governmental units can, if they
deem it necessary, create an entity to carry out the cooperative functions.
COMPENSATION:
For the duration of the Inter -local agreement Collinsville has been paying the City of
Owasso at a rate per prisoner on a 24-hour basis, as set out in Schedule "A" ($27 per day)
attached hereto. The staff recommends the current $27 per day, per prisoner fee remain
the same.
DURATION OF AGREEMENT:
The initial terms of this agreement commenced upon execution by both parties and
approved and filed through the State Attorney General's Office. Collinsville has the
option to renew this agreement for a arse -year term, commencing on January 1, 2006.
Said renewals shall be subject only to mutual agreement of the parties with the rate and
payment set forth in Schedule "A"
COMMENTS:
Attached is a letter from Collinsville expressing a desire to extend the agreement for a
period of one (1) year that will expire in December 2006. The staff has conveyed to the
City of Collinsville its desire not to rencw this agreement upon its expiration in
December 2006. Since inception of the agreement Collinsville has been billed for 178
days, totally $4,806 in revenue.
RECOMMENDATION -
Staff intends to recommend City Council approval of the Inter -local agreement between
the City of Owasso and Collinsville for jail services for a period of one (1) year.
ATTACHMENTS:
1. Inter -local agreement with attachments
2. "Letter from Collinsville
interlocal agreements for jail services that specify the responsibilities of each party;
WBEREAS, Owasso has a jail facility and Collinsville desires to enter into this
agreement to utilize Owasso's jail facility and the terms and conditions of this agreement-,
NOW, TBEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, Owasso and Collinsville mutually agree as follows:
1. DEFINITIONS. Unless the context clearly shows another usage is intended, the
following terms shall have the following meanings in this agreement:
a. Owasso Jail means a place owned and operated by Owasso primarily
designed, staffed and used for the housing of adults charged with a criminal offense, for
the punishment and correction of offenders after conviction of a criminal offense, or for
confinement and/or holding during a criminal investigation, or a civil detention to enforce
a court order. As of the date of the execution of this agreement, this jail is located at I I I
North Main Street, Owasso, Oklahoma 7405 5.
b. Collinsville prisoner means a person arrested by the Collinsville Police
and held and confined in the Owasso Jail (either pre® or post -trial) pursuant to a violation
of a Collinsville ordinance or a violation of state law which designated the crime for
Owasso,CicyoNnterlocalAgreciucnt.doc 1
which the person is held to be a misdemeanor or Gross misdemeanor, The term
Collinsville prisoner shall not include a person arrested for a felony offense by
Collinsville Police, a person arrested on a warrant issued by another jurisdiction or for
charges initiated by a non -Collinsville Police officer, or a person charged by the District
Attorney with a felony or an attempt to commit a felony, even if there is a plea to or a
conviction of a lesser offense. A Collinsville prisoner shall not include juveniles.
a. For prisoners accepted under this agreement, Owasso shall accept
co Collinsville prisoners and furnish jail. facilities, booldng, custodial services, and
personnel for the confinement of Collinsville prisoner equal to those Owasso provides for
the confinement of its own prisoners_ Medical costs for emergency or necessary health
care for Collinsville prisoners shall be the responsibility of Collinsville in the event an
inmate is transported to the hospital, the hospital shall be directed to bill Collinsville
directly, With respect to inmate prescriptions, Collinsville agrees to utilize the same
pharmacies as Owasso, and Collinsville shall be billed directly for its inmates'
prescriptions. Collinsville retains the option to contract with medical providers to provide
medical service to Collinsville prisoners. Owasso shall notify Collinsville prior to outside
medical care being provided for a Collinsville prisoner, however, when emergency
medical care is required in life -threatening circumstances, the notification may occur as
soon as practicable, which may be after emergency medical care has been provided-
b. Collinsville will have the full responsibility of transporting its prisoners
when necessary from the Owasso Jail to the David L. moss Correctional Center_
a, Collinsville understands that Owasso will accept prisoners on a
nonexclusive basis under this Agreement. The acceptance of prisoners is subject to space
being available. Owasso reserves the right to reserve space in the jail for its anticipated
prisoner steeds and may require the removal of Collinsville prisoners to accommodate
Owasso prisoners. If Collinsville prisoners are to displaced and must be removed from
the jail, Owasso agrees to provide Collinsville with notice in writing for, or teletype that
the Collinsville prisoner must be removed.
b. Prisoners may not be incarcerated in the Owasso jail longer than ten (10)
days or contrary to any federal or state statutes or regulations or constitutional
requirements for the Owasso Jail. Should an inmate serve his/her 10-day sentence in the
Owasso Jail and still have additional days of jail time, Collinsville will transport their
inmates to another facility_ Should transportation be required for Collinsville inmates to
appear in Municipal Courts, transportation will be the responsibility of Collinsville.
C. Collinsville agrees that if any Collinsville prisoner is deemed out of
control or dangerous by the personnel at the Owasso fail, on four (4) hours' notice from
Owasso to Collinsville, Collinsville shall make arrangements to remove and transport to
owasso,CityoUTntalocalAgri; cmL,dog: 2
another facility, Owasso may also refuse to incarcerate any persons who are suspected to
be an ex-trerne danger to themselves or to other inmates or who have a medical and/or
mental condition, In cases where a Collinsville prisoner has obvious medical needs,
Collinsville shall transport such prisoner to a medical facility for treatment prior to being
booked into Owasso's Jail. If a Collinsville prisoner has minor medical needs,
Collinsville needs to attend to those needs prior to sending the prisoner to Owasso. In all
cases, Collinsville officers will remain at the Owasso Jail until the prisoner is accepted by
the Owasso custody staff
co
d, Collinsville will also determine if the prisoner needs to be taken to the
hospital to obtain a medical release prior to Owasso accepting the inmate into jail, The
Collinsville personnel committing the prisoner will not leave the Owasso Jail until the
t Owasso Intake Officer has completed the "Medical Intake Screening Form", and the
r is aces accepted b the Intake Officer and a preliminary search of the prisoner has
CD
prisoner(s) P y P ry '
been completed. Based on the information obtained., the Owasso Intake Officer will either
accept or refuse the intake into the jail's custody. The Owasso Intake Officer will inform
the Collinsville person el of the reasons if the prisoner is not accepted.
.acceptable reasons for the Owasso Intake Officer to refuse a prisoner include;
i ) Skin lacerations requiring stitches
ii ) Obvious or questionable bone fractures
iii ) Prisoners who cannot walk under their own power due to injuries or high
levels of intoxication from drugs or alcohol
iv ) Individuals who are nonresponsive (Show no reaction to stimulus)
v ) Pregnant women with a history of recent problems (ic leaking, cramping,
contractions, and/or bleeding)
vi ) Suspicion that a prisoner has ingested a lethal dose or has a toxic level of
an unknown or known drug(s) and or chemicals.
vii) Possibility of a closed head injury
viii) Individual with acute or immediate mental illness
ix ) Intoxicated prisioner with B.A_C. of over .30
The Owasso Intake Officer will inform the Collinsville personnel that they must
get a medical and/or mental health release for the prisoner from a licensed physician
before the individual will be accepted into the jail.
e. If the prisoner is released by a licensed physician, the individual
committing the prisoner must submit the following documents to the intake officer prior
to processing of the prisoner;
i ) A medical or mental health release signed by physician, and
ii ) Any discharge "instruction sheet", and
iii ) Any prescriptions ordered by the physician.
Owasso,C ityo f/interl ncatA breernetit.cloc
4. BONDING PROCEDLaE S AND 48 HOUR AFFEDAVIT d
a. Any Collinsville prisoner desiring to bond out must post a bon i
Collinsville.
b. Collinsville must notify Owasso via facsimile immediately of any prisoner who
has posted the bond. Collinsville represents to Owasso that the following persons are
authorized to make this representation to Owasso, to wit;
As of May 15, 200' )-Charlotte I -luck, Joan Daniels, Layhoma Smith, Carisa Glass, Linda
Russell, Becky Henson, Rebecca Deatheridge
C. Collinsville must provide the Owasso Police Depart mennt with an Affidavit
for Probable Cause giving notice of the crime the prisoner is charged with by
Collinsville. Collinsville must provide evidence of this prior to incarceration at the
U-) agrees Owasso jail. Collinsville also ato provide the Owasso Police Department, within
r— n CD twenty-four (24) hours of the Collinsville prisoner's being arrest a sign copy of the
Affidavit for Probable Cause, from the Judge or the prisoner will be released from the
Owasso Jail.
S. RATE AND PAYNENT_ Collinsville shall pay Owasso at a rate per prisoner on
a 24-hour basis set out in Schedule A attached hereto. Said rates shall be adjusted from
time to time by mutual agreement in advance of the renewal of any term of this
agreement as provided in Section 6. Collinsville shall be responsible for all costs for the
transport of its prisoners.
a. Payment shall be made promptly by Collinsville to Owasso within thirty
(30) days after a monthly statement is submitted by Owasso to Collinsville.
b. Each party may examine the other's books and records to verify charges,
If an examination reveals an improper charge, an adjustment shall be applied to the next
month's statement, or if the agreement has terminated, by an appropriate payment ftom
one to the other. The parties agree to meet at least once each year to examine and verify
charges for the previous year. The parties shall enter into a written agreemerit verifying
and reconciling charges for the previous year and closing the books on an annual basis.
6. DURATION. The al terms of this agreement shall commence upon execution
by both parties and shall expire on December 3 1, 2003. Collinsville shall have an option
to renew this agreement for a one-year term commencing on January 1, 2004 and ending
on December 31, 2004, arid a second renewal for a one-year term, commencing on
January 1, 2005 and ending on December 3 1, 2005. Said renewals shall be subject only to
mutual agreement of the parties with the rate and payment set forth in Schedule A.
7. RECORD KEEPING (BOOKING). Owasso agrees to maintain a system of
record keeping relative to the booking and confinement of each Collinsville prisoner in
such style and manner as equivalent to Owasso's records pertaining to its own prisoners.
Such records shall include, but not be limited to, the following information: defendant's
name, charge, bookirig date, release date, and manner of release (i.e., personal
Owaqso,Cityot7laterlocaLAgreenient.doc
recognizance, bond, cash bait). Along with monthly billing statement, Owasso shall
submit to Collinsville or its authorized representative's copies of said records-
8. BOOKING PROCEDURE. Prisoners will be booked by Collinsville according to
procedures and policies jointly agreed to by Owasso and Collinsville by completing for
each such prisoner an appropriate booking sheet with a copy to be provided to Owasso, if
I contract requested. A copy of said booking sheet to be utilized udder This co tr ct is attached as
Exhibit "B",
9. RELEASE OF COLT-11,4SVE-LE PRISONERS FROM OWASSO JAIL. No
1,
Collinsville prisoner cori-fined in the Owasso J'a-111 subject to Ous Agreement Sli. La
released except:
C)
r
-
a. When requested by a mernber of Collinsville Police Department;
b- In compliance with orders of the court in those matters which the courts
have jurisdiction-,
C. For appearance in court',
d. For interviews by Collinsville Police or attorneys;
e. if the prisoner has served his or her sentence or the charge pending against
the prisoner has been dismissed, or
f As determined by the Owasso Chief of Police or his designee as part of a
plan to reduce prisoner population as a result of facility overcrowding;
PR® EIS, however, Owasso and Collinsville prisoners shall be released or
relocated to the David L. Moss Correctional Center on a "first in first out" basis.
9. When in the discretion of an Owasso police officer holding the rank of
Sergeant or above, or the Communications Supervisor, such release is warranted,
Owasso shall notify Collinsville Police of such event as soon as possible.
10. ACCESS TO COLLINSVILLE PRISONERS. All Collinsville Police
officers, investigators, interpreters, mental health professionals, the prosecuting attorney,
and the prisoner's counselor or assigned counsel shall have the right to inter -view the
prisoner inside the confines of the Owasso fall, subject only to the necessary security
rules. Interview rooms will be made available to Collinsville Police and others in equal
priority with those made available for Owasso prisoners,
11. OPERATION OF JAIL, Owasso agrees to operate the jail to current
professional standards and practices in accordance with all state and federal standards,
whether set by constitution, statute or regulation. Collinsville shall receive equal
treatment to that supplied to Owasso's own prisoner.
Owasso, Cityo Uhiterl ocalAgreeuicnt. doc
I �1110491A*ffll 0419"U"o -1
a. Except as otherwise provided in 1 l(b), Collinsville agrees to defend,
indemnify and hold harmless Owasso and its elected officials, officers, agents and
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever by reason of or arising out of any act or
omission of Collinsville, its officers, agents and employees, or any of them in arresting,
booking, detaining, charging, transporting, or releasing prisoners. In the event that any
suit based upon such a claim, action, loss or damage is brought against Owasso,
Collinsville shall defend Owasso at Collinsville's sole cost and expense, including but
not limited to attorney fees, court costs, and expert witness fees; provided, that Owasso
l
retains the right to participate in said suit if any principle of government or public law is
C\J
involved; and if a final judgment is rendered against Owasso officers, agents., employees
or any of them or Jointly against Owasso and Collinsville and their respective officers,
agents and employees or any of them, Collinsville shall satisfy and discharge the same.
C)
b. In the event of the concurrent negligence of the parties, each party shall be
responsible for payment of any claim or judgment in proportion to the percentage fault
attributed to that parry.
C. The indemnities provided for in this paragraph 11 shall apply to all legal
costs and attorney's fees incurred by the party indemnified. In any action to enforce the
indemnities provided for in this paragraph, the prevailing party shall be entitled to
recovery of costs and attorneys' fees for the enforcement of these indemnities.
13. TERMINATION OF AGREEMENT. Either party may terminate this Agreement
upon thirty (3 0) days written notice to the other City Manager.
a. The Police Chiefs for each city and appropriate staff shall meet quarterly
to discuss any pending issues to resolve disputes., if any-
b. It is the parties' intent to resolve any disputes relating to the interpretation
or application of this agreement informally through discussions at the staff level
as described in paragraph 13 (a) above. In the event disputes cannot be resolved
informally, resolution shall be sought by the City Managers- If the City Managers
reach no resolution within thirty (30) days, either party may terminate this
fflq��
15. WAIVER. No waiver of any right under this Agreement shall be effective
unless made in writing by the authorized representative of the party to be bound thereby.
Failure to insist upon full performance on any one or several occasions does not
constitute consent to or waiver of any later nonperformance,
Owasso, Ciryof/tnterlocaLALgremmt, doc 6
16. ASSIONWNT. Neither this Agreement nor any interest herein or claim
hereunder shall be assigned or transferred, in whole or in part, by either Owasso or
Collinsville to any other person or entity without the prior written consent of the other
party. In the event that such prior written consent to an assignment is granted, the
assignee shall assume all duties, obligations and liabilities of its assignor stated in this
Agreement.
17. INDEPENDENT CONTRACTOR. Each party to this agreement is an
co independent contractor with respect to the subject matter herein. Nothing in this
agreement shall make any employee of Owasso an employee of Collinsville, aDd vice
versa. for an purpose, including but not limited to, far wittiholdin of taxes payment of
9 ' yp 9 �9 g �" y
benefits, worker's compensation, or any other rights or privileges according to either
city's employee by virtue of their employment, At all tithes pertinent hereto, employees
of Owasso are acting as Owasso employees and employees of Collinsville are acting as
t Collinsville employees.
18. PARTIAL INWALEDITY. Whenever possible, each provision of this
agreement shall be interpreted in such a manner as to be effective and valid under
applicable law. Any provisions of this agreement which shall prove to be invalid, void or
illegal shall in no way affect, impair or invalidate any other provisions hereof, and such
other provisions shall remain in full force and effect,
19. ASSIGNABILITY, The rights, duties and obligations of either party to this
agreement may not be assigned to any third party without the prior written consent of the
other party, which consent shall not be unreasonably withheld°
20. NO THM-PARTY RIGHTS. Except as expressly provided herein, nothing in
this agreement shall be construed to permit anyone other than the parties hereto and their
successors and assigns to rely upon the covenants and agreements herein contained nor to
give any such third party a cause of action (as a third -party beneficiary or otherwise) on
account of any nonperformance hereunder.
21. ENTIRE AGREENIENT. This agreement constitutes the entire agreement
between the parties hereto and no other agreements, oral or otherwise, regarding the
subject matter of this agreement shall be deemed to exist or bind any of the parties hereto.
Either party may request changes iri the agreement. Proposed changes that are mutually
agreed upon shall be incorporated by written amendment hereto.
22. SEVERABILITY. If any portion of the Agreement is changed per mutual
agreement, or any portion is held invalid, the remainder of the Agreement shall remain in
full force and effect.
23e INTEGRATION. This written Agreement constitutes the complete and final
agreement between Owasso and Collinsville_ There are no other oral or written
agreements between the patties as to the subjects covered by this Agreement. No changes
asso,Cityo fAnterloealAgrccmcnt, doe 7
or additions to this Agreement shall be valid or binding Upon either party unless such
change or addition be in writing and executed by both panics.
24. NOTICES AND ADMINISTRATOR, Unless stated otherwise herein, all notices
and demands shall be in writing and sent or hand -delivered to the parties at their
addresses as follows:
co
TO CITY OF OWASSO
C\j
U') City Manager
r — 111 North Main Street
CD Owasso, Oklahoma 74055
r__
TO CITY OF COLLINSVILLE
City Manager
106 North 12th Street
Collinsville, Oklahoma 74021
The Owasso Chief of Police shall serve as Owasso's administrator or responsible official
for this Agreement, The Chief of Police for Collinsville shall serve as Collinsville's
administrator or responsible official for this Agreement.
25. GOVERNING LAW, This Agreement shall be governed by and coDstrued in
accordance with the laws of the State of Oklahoma as they now read or are hereafter
amended.
26. APPROVAL AND FILING. Each party shall approve this Agreement by
resolution� ordinance or otherwise pursuant to the laws of the governing body of said
party. The attested signature of the officials idened below shall constitute a
presumption that such approval was properly obtained.
IN WITNESS WBEREOF, the parties have hereunto set their hands and seals this
day of 2003.
CITY 04F WASS® CITY ®F COLLINS LE
BY: BY,
BATE:
owasso,CityofflnterlocalAgm- emuit.doc 8
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Owasso,CityoOnterlocalArreement,doc
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Daily Maintenance Fee $27.00 per person
Owasso,CityoVIntcrlocalAgTcament.doc 10
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Receipt # 669502 07/23/03 15:49:13
Fee 33.00 �09000669502001A
OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA ...... (/I
co June 23, 2003
Stephen P. Gray, Esq,
Stephen P. Gray & Associates 0'0'1'n
4530 S. Sheridan, Suite 205 MA10b,"
Tulsa, OK 74145
C:)
Re: Interlocal Agreement (ICA 03-0036) by and between the City of
Owasso, OK and the City of Collinsville, OK for Jail Services
Dear Mr. Gray:
LETTER OF APPROVAL
I have reviewed the referenced Agreement and found it to comply vviTh
the provisions of the Interlocal Cooperation Act. Pursuant to the provisions
of 74 0,S. 2001, § 1004(f), the referenced Agreement is hereby officially
APPROVED as of the date of The signature manifested hereon.
Please be advised that, before the Agreement may go into force, copies
of the Agreement, and of this Letter of Approval, must be filed with the
County Clerk and the Secretary of State,
Signed this Z-3 day of June, 2003,
Respec-duliy submitted,
Lynn C. Rogers
Assistant Attorney General
Rogers/ICA2003/03-0036 OvvaSso-Collinsville.Jail
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4545 N. TAN: I.N Bovrj_ Sorrl,:260. Ot,.i_\(oNIA Crry, PAY: 1405) 52S-1,i67
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Chief Dan Yancey
Chief of Police
Owasso Police Department
111 North Main Street
Owasso, OK 74055-2923
Dear Chief Yancey:
The Interlocal Agreement For Jail Services between the City of Owasso and the City of
Collinsville will expire onDecem.ber 31,2005, It is our sincere wishes that the City of
Owasso will renew this agreement to extend through December 31, 2006.
We are very appreciative to you and the City of Owasso for extending this offer to us as
we do not have a jail in Collinsville. Your generous offer has been, a lifesaver to the
Collinsville Police Dopartment with. huge savings in operating expenses in several
d1ifferent ways.
Thank you again for permitting us to use the Owasso Police Department Jail.
Cc. Stan Sallee, Mayor
Pam Polk, City Manager
TO: TIM ROONEY
ASSISTANT CITY MANAGER
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT. + QUEST TO PURCHASE ONE SPORT UTILITY VEHICLE
DATE- December 8, 2005
BACKGROUND:
The FY 2005-2006 operating budget provided funding for the purchase of three (3) police 4-door
sedans and one sport utility vehicle. To date, for the fiscal year the department has completed the
order and received three (3) police cruisers and is now requesting the purchase of a sport utility
vehicle. The previous unit purchased is currently being outfitted and is soon to be deployed to
the street. Acquisition of this sport utility vehicle will be the third SUV assigned to patrol, one
away from the goal of having one for every shift.
In searching for the best price, the department sought pricing from dealerships holding
governmental agency contracts with the State of Oklahoma. Several dealerships in Oklahoma
honor the State contract price on the 2006 Ford Expedition. If approved, this vehicle will be
ordered immediately and should be delivered in February of 2006. The State contract for this
vehicle, as previously stated, is offered by several vendors. The department chose United Ford
of Tulsa because of their close proximately to Owasso. The cost for this vehicle is $25,498.00
which is the same price as the 2005 Ford Expedition. Standard on these vehicles is the three-
year, 36,000 mile bumper -to -bumper warranty.
Rh_QUEST:
This request is for approval to purchase one 2006 Ford Expedition in the amount of $25,498.00
from United Ford of Tulsa, Oklahoma.
FUNDING:
Adequate funding for this purchase is available within the "Capital Outlay — Vehicles" line item
of the Police Department budget (01-201-54500).
COMMENDATION:
Staff intends to recommend approval of the purchase of one 2006 Ford Expedition in the amount
of $25,498.00 from United Ford of Tulsa, Oklahoma.
ATTACHMENTS
1. Bid from United Ford
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Fax* 9183761589
Date: 12/08/2005
pages, 2
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Dealer: F52311
2006 EXPEDITION Page. 1 of I
Order No: 0001 Priorityz A4 Ord FIN: Order Type: 5B Price Level: 625
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TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEW,,LOPMENT DIRECTOR
DATE: November 30, 2005
As part of the ongoing efforts to ensure an enhanced quality of life for residents of
Owasso through reasonable development regulation, the staff has drafted and is
proposing a landscape ordinance for the City of Owasso. In order for the City to receive
input on the regulations from a citizen perspective, the Planning Commission will be
presented the regulations on December 12 at a public hearing. In November, the Owasso
Economic Development Authority (OEDA) was presented with the proposed regulations
and input was given at that time from a business perspective. Subsequent to the reviews
by the OEDA and the Planning Commission, the regulations will be considered by the
City Council.
At the direction of the City Manager, the staff has drafted standards to guide the
placement of landscaping with new developments in Owasso. The standards presented
focus on three key issues: 1) landscaping for non-residential and multi -family
developments adjacent to public streets, 2) landscaping as a buffer between non-
residential/multi-family and existing residential developments, and 3) landscaping for
downtown developments.
In order to provide the city with a broad perspective and a wide range of input, the
Owasso Landscape Standards Committee was formed. Its charge was to evaluate the
current conditions of landscaping in Owasso, and to consider possible regulations that
could have a positive impact on the nature of landscaping in the community. The
committee reported its findings to the City Manager on October 17, 2005, and was
comprised of twelve members, eight citizen members and four staff members,
List of Members of the Committee
Citizen Members
Staff Members
Steve Compton
Corey Burd
Duane Coppick
Chip McCulley
Marilyn Hinkle
Timothy Rooney
David Horton
Eric Wiles
Tim Johnson
Julie Mullinax
Chris Snedden
Dr. Dirk Thomas
1gw
The current zoning code says very little about landscaping. In the site plan review
section of the commercial development chapter of the code, it does say that "The site plan
shall contain... Proposed location and development of buffer areas, screening and
landscaping (section 660.3.e)." These current regulations are insufficient when trying to
address the variety of different landscaping plans that accompany developments in
Owasso. As the city has grown, the opportunities for incompatibility between residential
areas and non-residential areas have increased. It is reasonable to expect that some basic
regulations should be considered in an attempt to maintain compatibility between
residential uses and non-residential uses.
The development of the proposed regulations began by examining the current types of
landscaping in the community. The different types of landscaping that have widespread
use in Owasso include street edge landscaping, clusters of trees and shrubs, parking lot
landscaping, residential entrances and perimeters, buffers between commercial and
residential developments, and structural landscaping.
Next, landscaping ordinances from nine other cities across the state and neighboring
areas were examined in order to explore the different ways that landscaping is regulated.
A spreadsheet illustrating the basic regulations from these nine cities is attached with this
memorandum. The committee then toured the community in order to compare the types
of landscaping that exist in different places in Owasso.
Once the existing conditions in Owasso and the existing regulations in other communities
had been examined, the committee developed a list of issues that were determined to be
priorities in the drafting of the landscaping ordinance. These issues were listed in a
questionnaire of issues that was discussed and used to derive the framework for the
proposed landscaping regulations. That questionnaire of issues is attached with this
memorandum.
The proposed landscaping ordinance, attached herewith, begins with a stated introduction
and intent:
These landscaping and buffer requirements are intended to provide standards that will
enhance the general weffiare of the public, increase property es
, and improve the
appearance of the community through r ; ,trees,d plants in Owasso,
flowers,Landscaping, including trees, shrubs, a
recognized as effective means of beautifying and enhancing the livability of the City o.
provide.Owasso. In a&lition, trees and other landscape features soften the impact of urban
development. ne standards provided herein are minimum requirements and should not
he interpreted as limiting the amount or type of landscaping that a development can
Four purposes are derived from that statement of intent:
l . To promote the beautification of the City of Owasso.
I To promote reasonable preservation and replenishment of landscaping in new
developments and on existing commercial and public properties.
3. To safeguard and enhance property values and to protect public and private
investment.
4. To provide an ordinance that is reasonable, enforceable, and easily understood
by all affected parties.
From those purposes, the ordinance goes on to list definitions of the terms and concepts
used in the ordinance, and then the ordinance gets into the regulations themselves.
The regulations begin with seven general requirements for landscaping:
1. Required landscaping shall not include artificial plants, trees, or other
artificial vegetation.
2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility
at street intersections or at access points to streets.
3. All required plant material shall be maintained in a healthy and growing
condition, and must be replaced if damaged, destroyed, or removed.
4. Landscaped areas shall be kept free of trash, litter, and weeds.
5. The list of suggested trees and discouraged trees shown in Appendix A
attached hereto, are provided for guidance and will not be used as
requirements in the site plan review process.
6. The Community Development Director or his/her designee may lessen the
requirements of this ordinance for a development when it is determined
that the development complies with the intent of this ordinance and is
taking appropriate steps to provide landscaping.
7. No site plan submitted to the Planning Commission prior to the effective
date of this ordinance shall be required to conform to the landscaping
requirements of this ordinance.
The regulations then explain the rules for landscaping as they apply to developments
within commercial, industrial, office, and multi -family zoning districts. These types of
developments must provide a 10' strip of landscaped edge adjacent to public streets. The
landscaped edge may be located within a right-of-way, easement, and/or building
setback. Within this landscaped edge, there must be at least one tree planted for every 50
linear feet (four shrubs equal one tree). The required trees may be either spaced apart or
grouped together as desired by the applicant.
Within the downtown area, new developments are not required to provide a landscaped
edge adjacent to public streets. However, the proposed ordinance would require new
downtown developments to plant at least one tree for every 50 linear feet adjacent to a
street. The downtown area is bounded by East 86t" Street North, the Owasso
Expressway, 5t" Avenue, and Carlsbad.
When new commercial, industrial, office, and multi -family developments are constructed
adjacent to existing single-family developments, there must be a 20' landscaped buffer
between the two developments. Within this buffer, there must be at least one tree planted
for every 30 linear feet.
In order to encourage tree preservation, every mature tree that is preserved within the
landscape edge during development shall be counted the same as two new required trees.
Landscape plans will be reviewed by the Planning Commission as part of the site plan
review process. The Board of Adjustment will be given the ability to grant variances to
these regulations in cases of hardship.
AMENDMENTS TO LANDSCAPE REGULATIONS:
As part of the City's efforts to continually find new ways to be responsive to the
changing demands of business and development, the staff also proposes that the
landscape ordinance include language that allows the City Manager to promulgate rules
and regulations that would be added to the landscape ordinance if such changes are
deemed necessary. When such changes are made, the City Manager would notify the
City Council of the rules changes. The changes would then "lay open" to Council action
to disapprove the changes in part or in whole. The "lay open" period would be for 30
days. If the City Council did not take action on the changes within 30 days, then the
rule(s) change would have the force and effect of law. The staff believes that such an
approach to amending regulations would allow the city to adapt more rapidly to
requirements of the marketplace.
In order to receive comment from a business perspective, the proposed regulations were
presented to the OEDA on November 18. At that meeting, the OEDA voted to
recommend that landscaping standards be required for entrances into single-family
subdivisions.
Since the OEDA meeting, the staff has researched the issue of regulating -what types of
landscaping are provided at the entrances to single-family subdivisions. Possible
requirements could include that a landscaped entrance plan must be submitted with the
final plat of the subdivision. The location and types of trees proposed would be reviewed
by the Technical Advisory Committee to ensure that motorists' visibility is not threatened
and that utility lines are not encroached upon. All required landscaping would be
required to be planted prior to the issuance of any final inspection for a dwelling unit
within the subdivision. A homeowners association would be required to provide
perpetual maintenance of the landscaped area,
1111111111111111qji��111 111111 11111 11111111111 �
M? M10 111 1 111
AT'rACHMENTS:
1. Proposed ordinance
2. Spreadsheet of lighting regulations from 9 other cities
3. Questionnaire of issues
4. Presentation handout
ORDINANCE No.
An ordinance amendin- the Zoning Code of the City of Owasso, 0]j.1h0m,1, by
�J -1� -
creating a new Chapter 19, by adopting new landsc-apinla standards fol,
developments in the City of Owasso,
SECTIONif. BE IT ORD.A-P\qMD BY THE COUN'CLL OF THE CITY OF OWASSO
that O-Vvasso Zoninc, Code is hereby amended by adding- a now section to be codified as
Chapter- 19, which section and subsections shall read as follows:
Owasso Zoning Code Chapter 19., LANDSCAPING R)EQUIR-EMENTS;
A. - LXTRODUCTION AND L-NTEN T
These landscaping and buffer requirements are intended to provide standards that will
enharice the aeneral welfare of the public, increase property values, and improve the
appearance of the community through preservation of trees, and plants in Owasso.
Landscaping, including trees, shrubs, flowers, -vegetation, and landscape elements are
recoclni7--d as effective, means of beautifyinLy and enhancing the livability of the City of
Owasso. In addition, trees and other landscape features soften the impact of urban
development. T * he standards provided herein are minimum requirements and should not
- -tedlimiting
be int i7pre .� as the amount or type oflandscaping that a development can
provide.
The objective of this Ordinance is to establish procedures and practices gov,ernlinc, the
protection, installation, and long-term maintenance of trees, shrubs, - 1=1
vegetation, and other
landscape elements within the City of Owasso. The City's purpose is as follows:
1. To promote the beautification of the City of Owasso.
2 To promote reasonable preservation and replenishment of landscaping in new
developments and on existing commercial and public proper -ties.
I
3. To safeguard and enhance property values and to protect public and private
investment.
4. To provide an ordinance that is reasonable, enForceable, and easily understood
by all affected parties.
ARTERIAL STREET - A street designated as an arterial in the City of Owasso Master
Plan.
CALIPE R — The diarnetcr of the tree trunk measured at 6" above ground level.
DAMAGE — Includes any/ intentional or act that dvill cause perennial
vegetation to decline and die within three years.
DOWNTOWN -- The area of Owasso bounded by the Owasso Expressway to the east;
SO' Street North to the north, 5''' Avenue to the south, and Atlanta Street to the west.
GROI;I D CON'E — Low plants that grow to form a continuous cover over the ground,
such as English iv-v or grass.
LANDSCAPE ARE A -- The area seen from the street that contains _mass, shrubs,
flowers, ground cover, trees or native plat materials of any kind and that may include
decorative fixtures or accouterments such as rock, pools, and planters. roes not include
artificial plants, trees, or vegetation.
LANDSCAPE BUFFER -- Landscape area required to be provided adjacent to an
existing single-family district in multi -family and non-residential areas..
LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or
highway in multi -family and non-residential areas.
LA�NDSCAPI� G — Any living organic plant material including trees, shrubs, flowers,
ground cover, vegetation, vines or grass.
NL'�TVTENANCE — In reference to landscaping includes irrigating, pruning, mulching,
mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any
other similar acts that promote the life, growth, health or beauty of the landscape
vegetation.
SHRUB — A bushy, woody plant, usually with several permanent stems and usually not
over ten feet high at its maturity.
TREE — Any self supporting woody plant having one or more defined steals or trunks
and having a defined crown that customarily attains a mature height of eight feet or
greLLtter.
Da General Landscaping Requirements
These standards shall apply to all areas where landscaping is required by this ordinance.
Required landscaping shall not include artificial plants, trees, or other
artificial vegetation.
I Landscaping shall not obstnact pedestrian and,/or vehicular traffic visibility
at street intersections or at access points to sweets.
3. All required plant material shall be maintained in a healthy and gro"Irh
condition, and must be replaced if damaged, destroyed, or rernovpd.
4. Landscaped areas shall be kept free of trash, litter, and weeds.
5. i i':e, list Of suggested trees and dlscoura�,ed trees shown in Appendix A
attached hereto, are provided for guidance and will not be used as
requirements in the site plan review process.
6. The Community Development Director or his/her designee may lessen the
requirements of this ordinance for a development when it is determined
that the development complies with the intent of this ordinance and is
taking appropriate steps to provide landscaping,
i . No site plan submitted to the Planning Commission prior to the effect'
v°e
date of this ordinance shall be required to conform to the landscaping
requirements of this ordinance.
Ea _. Commercial, Industrial, Office and 1`fulti-Parnlly Landscaping Requirements
These standards shall apply to all commercial, industrial, office, and multi -family zoning
districts.
Landscaping along street right-of-way:
A landscaped edge shall be provided adjacent to all frontage roads, arterial streets,
collector streets, and local streets. The landscaped edge shall be a minimum depth of ten
feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of
landscaped edge. The number of required trees shall be calculated solely on the linear
frontage of the required landscaped edge. Trees may be grouped together or evenly
spaced. Four shnlbs shall be counted as the equivalent of one tree.
For developments in the downtown, one tree shall be planted per 50 linear feet of street
frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted
as the equivalent of one tree. No specific width of landscaped edge shall be required for
developments in the downtown. The downtown area is bounded by East 86th Street
North, the Owasso Expressway, 5°i Avenue, and Carlsbad.
Landscaping as a buffer between landscaping -required developments and existing single-
family developments:
For all new commercial, industrial, office and multi -family developments, a landscaped
buffer shall be provided adjacent to all existing single-family residential developments.
The landscaped bi-iffer shall be a minimum depth of twenty feet. Within the landscaped
buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of
required trees shall be calculated solely on the linear frontage of the required landscaped
buffer. Trees may be grouped together or evenly spaced Four shrubs shall be counted as
the equivalent of one tree,
F. — 'Tree Preserv,ation and Protection
The purpose of this section is to establish incentives for the preservation of existing- trees
within the City of Mvasso and to provide guidelines for the protection of trees dufina
construction, development, or redevelopment.
Tree Preservation Credits _..:for every large, mature tree (8" caliper or larger) preserved
0 ID
in an area where landscaping is required by this ordinance, the developer shall be given
credit for two trees as required by this ordinance. Only trees in good condition shall be
considered for credit.
Landscape Plan — The, landscape plan that is required to be submitted with the site plan
shall include the approximate location, size (caliper and height), condition and common
name of each tree to be preserved for which the applicant is requestin'c, tree credits.
Replacement of Trees — Replacement trees will be required when any tree that was shown
on a landscape plan is removed or dies. Any tree with a caliper of less than three inches
shall be replaced by the same caliper of tree. Trees that are larger than three inches in
caliper shall be replaced -,,vith a tree with a minimum caliper of three inches.
The City shall have the right to prune and remove trees, plants, and shrubs within the
public right of way lines of all streets, alloys, avenues, lanes, squares, and public grounds
as may be necessary to insure public safety, to preserve or enhance the symmetry and
beauty of the public area, or to protect public utility facilities thereon.
H. — Landscape Plan
Landscape plans shall be reviewed and approved by the Planning Commission as a part
In
of the site plan review of all proposed developments. Upon completing., their review, the
Planning, Commission shall:
Approve the landscape plan as complying with the requirements of this
ordinance, or
2. Approve the landscape plan with conditions that brim, it into compliance
with the requirements of this ordinance, or
3. Reject the landscape plan as fail'Mu to comr,11 v with t e requirements of
this ordinance,
The required landscape plan shall contain the following:
1. The date, scale, north arrow, project name and the name of the ovvner and
designer.
2. The location of property lines and dimensions or t he tract,
�. The approximate center Brio of existing- water cours6s, the approximate
location of significant drainage features, the location and size of existing
and proposed streets and aileys, existing and proposed utility easements
and overhead utility lines on or adjacent to the lot, existing and proposed
fire hydrants on or adjacent to the lot, and existing and proposed sidewalks
on or adjacent to the lot.
4. The location, size, and type (tree, shrub, around cover, or grass) of
proposed landscaping and the location and size of the proposed landscaped
areas.
S. Planting details and/or specifications.
The location, size (caliper and height), condition, and common name of
any existing tree for which credit, is requested shall be indicated. The
method of protecting the existing trees that are to be retained from darnage
during construction shall be described.
1. ® i onconf[3r mities
Any landscaped or non -landscaped developments existing prior to the adoption of this
ordinance are considered legal and non -conforming. Any new developments placed upon
properties within Owasso must meet the requirements of this ordinance.
J. — Variances
The Board of Adjustment, upon application, and after notice (when notice is required)
and public hearing, may grant variances from the terms of this ordinance only upon a
finding that the variance will not cause substantial detriment to the public good or impair
the spirit, purposes and intent of this ordinance, where by reason of exceptional
narrowness, shallowness, shape, topography, or other extraordinary or exceptional
situation, condition, or circumstance peculiar to a particular property, the literal
enforcement of the ordinance will result in unnecessary hardship.
K, - Severabilltv
All la-vvs and clau-ses, oFlavis in conflict herewith are her, -by repealed to the extent ol'said.
conflict. If this ordinance or application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications of the ordinance
that can be leaven separate effect and to this end the provisions of this ordinance are
declared to be severable. In addition, all landscaping will conform to all other applicable
codes and regulations of the City of Owasso.
L. — Pell alt-v
Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code
of Ordinances, provided for in Part I (General Provisions), Section I-108C. Unless after
the date hereof a different penalty is provided, any person convicted of violatine, this
ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200,00)
per day exQludinc, costs.
SECTIO-I 2- That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby expressly repealed.
APPROVED this day of ---, 2005.
ATTEST.-.
City Clerk
APPROVED AS TO FORM:
City Attorney
City of Owasso, Oklahoma
Mayor
CITY
Broken Arrow, OK
Fort Worth, TX
Edmond, OK
Mesa, AZ
Norman, OK
Oklahoma City, OK
Tulsa, OK
Sand Springs, OK
Wichita, KS
Average
CllI1�7
Broken Arrow, OK
Fort Worth, TX
Edmond, OK
Mesa, AZ
Norman, OK
Oklahoma City, OK
Tulsa, OK
Sand Springs, OK
Wichita, KS
Average
CITY
Broken Arrow, OK
Fort Worth, TX
Edmond, OK
Mesa, AZ
Norman, OK
Oklahoma City, OK
Tulsa, OK
Sand Springs, OK
Wichita, KS
MULTI -FAMILY RESIDENTIAL LANDSCAPE REQUIREMENTS
Landscaping along street right-of-way
Trees and spacing
1 per 50 linear feet
No stated requirement
1 per 30 linear feet
1 per 12.5 linear feet
1 per 40 linear feet
1 per 40 linear feet
1 per 35 linear feet
1 per 35 linear feet
1 per 500 square feet
I per 35 linear feet
# of trees per dwellincl
two
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
Shrubs and spacing
1 per 5 linear feet
No stated requirement
1 per 12.5 linear feet
1 per 4 linear feet
1 per 10 linear feet
1 per 10 linear feet
No stated requirement
No stated requirement
1 per 50 square feet
1 per B linear feet
Width of required landscaped edge
35 feet
No stated requirement
Ten feet
15 feet
Five feet
No stated requirement
FIVe feet
Ten feet
No stated requirement
Parking lot and other landscaping requirements
Entrance requirements
180 sq. ft. of landscaping
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
No stated requirement
Most cities don't regulate Most cities don't regulate
13 feet
# of parking s aces er tree
10
No stated requirement
No stated requirement
8
No stated requirement
No stated requirement
12
12
20
12 spaces per tree
SINGLE-FAMILY SUBDIVISION LANDSCAPE REQUIREMENTS
Landscaping along street right-of-way
Trees and spacing
1 per 50 linear feet
No stated requirement
No stated requirement
No stated requirement
No stated requirement
1 per 75 linear feet
No stated requirement
No stated requirement
No stated requirement
Average Most cities don't regulate
_% of strtttyard tto fie iandscLecl
No stated requirement
No stated requirement
15%
No stated requirement
No stated requirement
No stated requirement
15%
15%
6%
Most cities don't regulate
QUESTIONNAIRE OF ISSUES
Landscaping Ordinance Steering Committee
Should the City of Owasso require a landscaped edge allon', the street
perimeter of non-residential developments"
Yes. 8 No; 10
Should thCity or` Owasso set a required number of trees and shrubs per foot
,
along the street perimeter of nonresidential developments)
Yes. 6 No. 2
I cl, space in
Should the City of Owasso set a maximum distance that each parkin
a non-residential development may be from a tree?
Yes. I No° 7
4. Should the City of Owasso set a minimum size for landscape islands within a
non-residential parkinc, lot`
Yes- 4 IN o. 4
5. Should the City of Owasso set a maximum number of parking spaces per tree
within a no n-rl-si dent ial parking lot'-'
Yes: 4 No: .4
6. Should the City of Owasso require a landscaped edge along the street
perimeter of multi -family developments?
Yes: 8 No- 0
7. Should the City of Owasso set a required number of trees and shrubs per foot
along the street perimeter of multi -family developments"
z::)
Yes: 6 No. 2
8, Should the City of Owasso require a landscaped edge along an arterial
perimeter of single-family developments?
Yes- 3 No: 5
Should the City of Owasso offer relaxed standards for developments that
incorporate the preservation of existing trees into their plans'
Yes, 8 No: 0
10. Should the City of Owasso require a landscape plan to be submitted with all
non-residential site plans and with all residential preliminary puts?
Yes- 8 No- 0
1 1. Should the City of Owasso provide a list of approved trees or disallowed
trees?
Approved; 1 Disallowed: 5 Both: `; Neithtr: 0
12. Should the City of Owasso regulate minimum tree sizes, for landscaped areas'?
Peso 8 Flo, 0
i�. Should the City of Owasso provide landscaping exemptions for developments
along Main Street between `i6d' Street and �6`h Street?
'eso 3 No. l Other: 4
14. Should the City of Owasso require landscaping buffers between non-
residential developments and existing residential areas?
Yes: 8 . No: 0
PROPOSED LANDSCAPE
ORDINANCE
Existing Regulations
The Site Plan shall contain
proposed location and
deveiopment of buffer
areas, screening and
landscaping (zoning section
660.3.e).
Process Used to Develop
Ordinance
1. The Committee's charge —
To research and recommend
landscaping standards for
the City of Owasso
Process geed to Develop
Ordinance
2. Examine and discuss
apparent examples of
appropriate or in2de-quate
landscaping that already
exists in Owasso
Process Used to Develop
Ordinance
3, Examine, Existing
Landscaping Ordinances
from other cities
Examine Other Cities'
Ordinances
Prepare spreadsheet that
explains landscaping
standards from 9 other es
7
Process Used to Develop
Ordinance
A.
Tour the Owasso
Community and inventory
diffierent exampl.ns of
landscaping
4
I
y
�
iL
� x ,} ��iF3
�
{yyEE
�i� 2
'"�+-�µ
�' �� �
-uL� :� 7!i
%
Pry cess Used .to Develop
Ordinance
5. List and discuss the whole
range of is.sues related to
landscaping, in preparation
for drafting proposed
regulations
Potential Landscaping Issues
® Commercial street edge
® Trees and spacing
• Parking lots
® Residential entrances/perimeters
® Buffers between commercial and
residential developments
® Building/structural landscaping
10
Process Used to Develop
Ordinance
6, Draft and revise proposed
ordinance
Purpose of the Ordinance
To promote the beautification
of the City of Owasso -
To promot.- reasonable
preservation and
replenishment of landscaping
in new developments and on
existing commercial and public
properties
MER M. IMIR
• To safeguard and enhance
property values and to protect
public and private investment
• To provide an ordinance that is
reasonable, enforceable, and
easily understood
Types of Developments
Affected by Regulations
Commercial, Industrial,
Office, and Mult)-farnily
developments would be
affected by the proposed
regUlations
Landscaping of Street Edge
Along the street right-of-
way, the landscaped edge
must be at least 10' deep.
* One tree per 50 linear feet
(may be separate or
grouped)
® Four shrubs count as one
tree
12
Landscaping of Buffer
AdJaCent to Single-family
* The Landscaped buffer
must be at least 20' deep
* One tree per 30 linear feet
'may be groulped or
separate)
* Fc-)ur shrubs = one tree
Downtown Standards
,,.No landscaped edge
required
- One tree per 50 linear feet
(may be grouped or
separate)
- Four shrubs ® one tree
One mature preserved tree
in the landscaped area
equals two new required
trees
13
Landscape Plan
The landscape plan is
reviewed as a part of the
site iolan
Replacement of Trees
Replacement of -a tree is
required when a tree shown
on a landscape plan dies or
is removed
The City shail have the right
to prune and remove trees
within the right-of-way
14
Variances and Appeals
The Board of d'ustrient
shall be able to consider
appeals grid great variances
in cases of hardship
Nonconformities
Any developments existing
prig to the adoption of this
ordinance are considered
legal, whether landscaped
or not
J ,1
\. '�D OF THE iR�'•�'%.
in
1 TICTF0111-411TITTUffir
TO: THE HONORABLE MAYOR AND COUNCH.,
CrrY OP10,,FVVASSO
PROM: BRADD CLARK, JULIE LOMBARDI, ANA STAGG, ERIC WILES,
DANYANCEY
STJBJWX1'- QATED COMMUMTIES
DATE: December 2, 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 lives
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 the southern portion of Southern Links Addition and the second being
Watercolours located in the Coffee Creek Addition. Both of these developments allow access to
the general public during the daytime hours.
The staff has drafted an ordinance that would allow the installation of entrance gates into
residential subdivisions on private streets only. It should be noted that gates would not be
permitted on streets that would otherwise connect to adjacent subdivisions or on collector roads
that would connect one arterial with another.
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, from 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 minimum 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 storrnwater 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 fi-om 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.
Historical 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 does recognize, however, the customer -centered obligation to 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 community.
Criteria for Placement of Gates —
In an effort to minimize the barrier/delayed- time effect, many gated communities have installed
gates that are sensitive to audible sirens, strobe fight sequences, or standardized keys utilized
throughout the City by the emergency responders. Although each methodology bears some merit,
there is no one best way to breach a closed gate and continue a rapid response consistent with a
non -gated street.
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 right-of-way shall be no
less than sixty -feet (60'). A turn around lane is required for vehicles unable to enter the
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
the gate opening systems. I
(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.
7® The requirement for the installation of an emergency release or hitch 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.
® 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 da
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 arid 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 thirteen (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
easement to be dedicated to the City in the deed of dedication of the plat for utilities and
essential City services 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 fight -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.
Pros and cons exist for the residents of developments and services with respect to gated
communities.
Pros -
The staff has identified at least five (5) areas that may provide benefit to law enforcement with
regards to gated communities;
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.
MITIM M_ 3,�
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 Rates 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 from 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 -Virginia, 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.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make application of
the traditional legal analyses utilized by the courts in similar types of cases. The initial
consideration requires a preliminary determination 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 requiring 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 14 th 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
from 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.
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). The
first group includes retirement communities, golf communities, and country club leisure developments
where the gates provide security and separation for the leisure activities within. Entire municipalities
are being developed in places like Southern California, Arizona, and Texas that fit within this first
category.
The second type of gated community includes neighborhoods that are valued as markers of distinction
and status, though the neighborhoods lack the amenities of the first group. Like the first group, these
neighborhoods are developer -built, and primarily suburban. The residents of these gated communities
range from the rich and famous to the working class. It appears that most gated communities that are
developed in Owasso would fall into this group.
The third category of gated community includes neighborhoods where trouble with crime or traffic and
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 25.9% 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 services
would be at the discretion of the service providers, unless the gates were open at the time the set -vices
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
rep*.4zoi, z 4el7yed emertei�,-.y resyonse ti-Ae 4r:Qre -V&kt-kX ptrs*?eieI4ec&tse Qf tkefirtic n6gessar), t*
open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if collector streets,
roads that connect arterials, became gated. With gates across collectors, traffic pressure would
increase on the arterial system and detours, such as the current traffic route through Ator Heights wR4.;
North Garnett is being widened, might be less feasible.
Summary of general research -
The findings of the stafPs 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,
"representing 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 itself Heavy Trash has even been formed that places viewing platforms near
the entrances to gated communities in Los Angeles so that passersby can look 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 findings from the staff share one basic characteristic — that provisions should be
developed allowing for gated neighborhoods. Taken together, the recommendations call for gates to
be allowed only on private, non -collector streets and under the guidelines of specific criteria to be
adopted by the City.
1. 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 refrain from 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.
Attached is a proposed ordinance that would allow gates in Owasso subdivisions. The ordinance was
developed by the staff, using the above findings as its basis.
The staff intends to recommend approval of the proposed ordinance
ATTACHMENTS:
1.
Proposed ordinance
2.
Memorandum from Ana Stagg
3,
Memorandum from Bradd Clark
4.
Memorandum from Dan Yancey
5.
Memorandum from Julie Lombardi
6
Memorandum fi-om Eric Wiles
RITIATIM�' = �
BLAKELY, E. J. & SNYDEF, M. G. (1997). Fortress America, Gated Communities in the United
States. Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln Institute of Land
Policy.
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Gran6k, the Real Estate Center
Journal, 1323 (July 1999), 50-52.
LaCOUR-LIT TLE, M. & MALPEZZI, S. (2001). Gated Communities aged Property Values. A paper
presented to the American Real Estate and Urban Economics Association.
I-E GOM R. (2003). 1he Suburban Paradise or the Parceling of Cities? Los Angeles, CA, UC771,
International Institute.
A
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111111111221110IN10 �z
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)
No public street shall be obstructed. 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
D R A F
forty (40) feet. A turn around lane shall be prod@MTWV490* OWL 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.
(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 minimum gate opening width, including clearance for all improvements related to
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.
SECTION NINE (9)
The gate shall be equipped with a "C1ick2Enter, Inc. public safety access system,
which utilizes the existing emergency service radios for rapid entry.
IN
R A F T
FOR 0180'LISSION 0KV
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 ofthe gate or any violation of any section
0-11"d1us ordinance, the gate shall remain open and accessible until the problem is
resolved and/or the gate is repaired and tested.
SECTION TWICE VE (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)
Streets within subdivisions may not have interior school bus services if the gates
remain closed at all times. School bus locations shall be shown in detail on paving
plans, and require approval by the public school district
SECTION FOURTEEN (14)
Any developer, Homeowners' Association, or other responsible property owne
proposing any gated community must provide the City of Owasso access assuran
prior to installation of any approved gate. The access shall be provided by
on the subdion 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
ofthe 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 repealed to
the extent of the conflict only.
D A F
FOR D119CUSSION OWY
if any part or parts of this ordinance are held invalid or ineffective, the remaini.ri-
portion shall not be affected but remain in full force and effect.
7a !111 lig I
R 17,41" "HUM
M 1 0 1 11' 111M�11
The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
SECTION NINETEEN (19). Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new
ordinance 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 day of
2005.
I
13 :.�
Craig Thoendel, Mayor
APPROVED as to form and legality this day of 2005
Julie Lombardi
City Attorney
TO. ERIC WILES
COMMUNITY DEVELOPMENT DIRE, CTOR
FROM- ANA C. STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT. IMPACT OF GATED COMMUNITIES ON
PUBLIC WORKS DEPARTMENT SERVICES
DATE: October 27, 2005
BACK gROUND,
The following presents a summary discussion of gated communities and their impact on our
ability to provide service. This memorandum is not intended to argue whether gated
communities provide social benefits but rather to outline the direct effects of gated residential
entrances on our ability to provide water, sewer and refuse collection and infrastructure
maintenance services.
Similarly, per your memorandum dated October '17, 2005, research conducted by your staff
revealed that our surrounding communities allow for the installation of gated entrances to
residential development only where streets are private. This memorandum is not intended to
discuss the legality of gates on public streets but rather the im[&act such re�#iuirement_wi*ij"jbw__-_
on our ability and obligation to provide service.
3YATER AND SEWER SERVICE:
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 minimum clearances at residential
Impact of Gated Communities on
Public Works Department Services
Page 2 of 2
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 stormi/vater 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.
RECOMMENDATION:
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.
Further research is needed to determine the legal ramifications of gates on public roads. If legal,
it is recommended that such amenity — gates on public streets — be investigated as a competitive
advantage.
TO: RODNEY J. RAY
FROM.- BP.4DD K. CLARK
FIRE CHIEF
SUBJECT: GATED COMMUNITIES
DATE: October 31, 2005
City Staff has researched the issue of entry/access-controlled gating of housing additions,
and making recommendations addressing these gates wn the City of Owasso. The
concept of gated communities is not new, as more and more citizens develop these
housing additions in the interest of affluence or perceived security and safety, This
response will narrowly address issues and concerns realized when approving requests for
entry/access-controlled gates, not where and why gates benefit homeowners.
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. FEstorical 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 does recognize, however, the customer -centered obligation
to 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 community.
gsjg�
In an effort to minimize the barrier/delayed- time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
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
right-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).
(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.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This hitch pin, when removed, will detach the control arm fi-om 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 thirteen (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 easement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services 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.
fffl
TO: RODNEY RAY
CITY MANAGER
SUBJECT- GATED COMMUNITIES
DATE: October 25, 2005
BACKGROUND:
Gated Communities are generally defined as residential areas with restricted access that
makes public spaces private. Access is controlled by physical barriers, walled or fences
perimeters, and gated or guarded entrances. Gated communities in most cases prevent
public access to roads, sidewalks, parks, playgrounds that would have normally been
accessible to the general public. Some of the first gated communities in mass markets
were offered in the 1960's and mainly revolved around retirement developments.
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 second
being Watercolors located in the Coffee Creek Addition. Both of these developments
allow access to the general public during the daytime hours. Pros and cons exist for both
the residents of the developments and services with respect to gated communities.
This memo will focus on the pros and cons to gated communities but mainly the cons law
enforcement faced in servicing these types of communities.
PRQS:
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
® Higher sense of security -often residents in gated communities feel a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type
of access.
® Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
® Private and Public gated communities possibly provide a greater economic
benefit(as a selling point) to the city which may translate into more tax
dollars -whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides 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 reside within the private gated community are
easily identified as being foreign to the area.
Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
S®
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.
COMMENTS:
While conducting research on the issue of gated communities the staff found at least two
(2) court cases that may prevent governments from; one restricting access to public
streets and sidewalks, and two if developments are allowed to privatize streets and
sidewalks how a clear delineation from public to private will be made.
RECOMMENDATION:
It is the recommendation of the staff that strict guidelines be developed regarding
emergency services access and that the streets and sidewalks be privatized.
Date: 11/01/05
RIE: Legal Issues Presented by Potential Enaction of an Ordinance Allowing Gated
Community Neighborhoods
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.
ufip-ation Potential
An informal poll of city attorneys from 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 Virginia 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.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination 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 requiring 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 14 1h 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.
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 from 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.
TO: RODNEYJRAY
CITY MANAGER
FROM. ERIC WMES
COMMUNITY DEVELOPME NT DfRECTOR
SUBJECT. GATED COMMUNITJES
DATE- October 17, 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 lives
inside gated communities, totaling seven million households (Census Bureau, 200 1).
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). ThV
first group includes retirement communities, golf communities, and country club leisure developments
where the gates provide security and separation for the leisure activities within. Entire municipalities
are being developed in places like Southern California, Arizona, and Texas that fit within this first
category.
,-104111409-8 Ynat are valued as markers of distinction
and status, though the neighborhoods lack the amenities of the first group. Like the first group, these
neighborhoods are developer -built, and primarily suburban. The residents of these gated communities
range from the rich and famous to the working class. It appears that most gated communities that are
teveloped in Owasso would fall into this group.
The third category of gated community includes neighborhoods where trouble with crime or traffic anil
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.
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 25.9% higher than a non -gated
neighborhood without a homeowners' association (LaCour-Little and Malpezzi200 1).
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
ro,%*rtq.,,e 9,40.?,yet eyk,�trpxvy re_.gy*Lm
open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if collector streets,
roads that connect arterials, became gated. With gates across collectors, traffic pressure would
increase on the arterial system and detours, such as the current traffic route through Ator Heights while
North Garnett is being widened, might be less feasible.
Almost every piece of literature researched by the staff indicated that any gated street must be made
private prior to the installation of a gate. The staff has confirmed that Broken Arrow, Edmond, Jenks,
Oklahoma City, Sand Springs, Stillwater, and Tulsa require that gated neighborhoods have private
streets. A 1999 article in Homebuying magazine stated that the city of Arlington, TX allows
developments with public streets to be gated, but when the staff contacted the planning department of
Arlington the response was no, gates must be on private streets. Also, the staff has a copy of a court
case that cites a ruling from a federal case that says, "While a public entity can restrict the use of public
property or buildings to those who are using the property for its intended 'non-public' purpose, such as
an office building, it cannot restrict public property that is considered a 'traditional public forum" such
as a street or sidewalk that is being used in a lawful way and for a lawful purpose that is
constitutionally protected. See United States v. Kokinda, 497 U.S. 720, 727 (1990).
The staff has been unable to locate any statute or court case that allows gates on public streets.
The findings of the sta-Ws research indicate that gated communities can be a very divisive issue. Many
planners regard gates as part of a troubling trend to it access to residential and other areas,
"representing 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 itself Hemy Trash has even been formed that places viewing platforms near
the entrances to gated communities in Los Angeles so that passersby can look into the gated
communities.
Aowever, the facts that 4711/o 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 staff recommends that the City of Owasso create provisions that allow for the development of
gated neighborhoods. Further, the staff recommends that gated neighborhoods be only allowed on
private streets that do not provide connections between afterials.
BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in the United
States, Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln Institute of Land
Rjolicy.
EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real Estate Center
Journal, 1323 (July 1999), 50-52.
LaCOUR-LITTLE, M. & MALPEZZI, S. (200 1). Gated Communities and Property Values. A paper
presented to the American Real Estate and Urban Economics Association,
LE GO.M R. (2003). Me Suburban Paradise or the Parceling of Cifies? Los Angeles, CA, UCLA
International Institute.
McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.
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EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of December, 2004, by and
between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City" and
Rodney J Ray, hereinafter called "Manager".
ITNESSETHo
WHEREAS, City desires to employ the services of Rodney J Ray as City Manager of the
City of Owasso, Oklahoma, pursuant to Section 3-1 of the Charter of the City of' Owasso,
Oklahoma;
WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain
conditions of employment and to set working conditions of the Manager;
WHEREAS, the Council wishes to secure and retain the services of the Manager and to
provide an inducement for him to remain in such employment;
WHEREAS, it is the desire of the Council to make possible full work productivity and the
exercise of professional judgment by assuring the Manager's morale and peace of mind with
respect to future security;
WHEREAS, the Manager desires to accept employment as City Manager of the City of
Owasso, Oklahoma.
NOW, THEREFORE, in consideration. of the mutual covenants contained herein, the
parties agree as follows:
Section 1, Duties
The Council, under the terms and conditions hereof, hereby employs Rodney J Ray as City
Manager of the City to perform the functions and duties specified in the Charter and Ordinances
of said City, and to perform other legally permissible and proper duties and functions as the
Council pursuant to and in accordance with the City Charter shall from. time to time assign.
Rodney J Ray hereby, under the terms and provisions hereof, accepts such employment.
Section2a Term
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Council to terminate the services of the Manager at any time as provided in Section 3-1 (b) of
the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such
Charter provision, as well as Section 10 of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Manager to resign at any time from his position with City, subject only to the .provisions
contained in Section 14 of this agreement.
C. The Term of this Agreement shall be from January 1, 2005 until December 31, 2006. It
is specifically understood that the parties to this Agreement will take such actions as are necessary
to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in
the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation
of monies by the municipality for Fiscal Year 2005-2006, or any other succeeding fiscal year, shall
be subject to the express approval of the City Council.
Section 3. Salary
The City agrees to pay the Manager for his services an annual base salary of One Hundred
and One Thousand Eight Hundred and Fifty Dollars ($101,850) beginning January 1, 2005. Of
that amount $84,850 shall be paid in twenty-six payment of equal amounts; and $17,000 shall be
paid in a onetime lump sum payment within sixty days of the effective date of this contract.
Beginning January 1, 2006, the City agrees to pay the Manager an annual base salary of One
Hundred Six Thousand Nine Hundred and Forty Dollars ($106,940). Of. that amount $89,940
shall be paid in twenty-six equal amounts; and $17,000 shall be paid in a one-time lump sum
payment within sixty days of effective date of the employment of the City, the Manager shall be
required to return to the City a pro rata portion of the lump sum payment. d
l _ ;q e-:
Section 4. Deferred Compensation
1
In addition to the base salary paid by the City to Manager, City agrees to pay an amount
equal to ten percent (10%) of Manager's annualized base compensation for the purpose of the
manager's retirement program. Such payment to be made as a one-time lump sum payment due
within ten days of the beginning of the contract. Provided, however, that in the event of the
separation of Manager from the employment of City, Manager shall be required to return to City a
pro rata portion of the lump sure payment.
Section 5, Performance Evaluation
A. At least, annually, the Council and the Manager shall define in writing performance
objectives which they determine necessary for the proper operation of the City in the attainment of
the Council's policy goals. The Council and the Manager shall .further establish in writing a
relative priority among the objectives, and the same shall generally be attainable within the time
limitations as specified and the appropriations of the operating and/or capital budgets.
B. The Council may review and evaluate the performance of the Manager at any time and as
often as it deems appropriate. The evaluation should assess the accomplislunent of performance
objectives and provide feedback and guidance for the Manager with respect to future performance.
C. The Manager, at his discretion, may discuss the referenced goals and objectives with the
Council and may propose modifications or amendments when he deems it in the interest of the
City to do so.
6-'ection !. Outside Employinewi
During the term of this Agreement, the Manager shall be a full time City Manager, The
Manager agrees to remain in the exclusive employment of the City until this .Agreement is
terminated and not to work in the employment of another employer earlier than the date of
termination. Outside employment shall not be construed to include occasional teaching, writing or
consulting performed on the Manager's time off.
Section °Ta Compensatory Time Off
It is recognized that the Manager must devote a great deal of time outside normal office hours
to the business of the City, and to that end, he is authorized to take compensatory time off as he
deems appropriate during normal office hours.
Section 8. Vacation, Sick and Miscellaneous Paid Lea*,t
A. The City Manager will be credited with three (3) weeks vacation leave during the term
hereof. Vacation time shall accrue at a rate of 10 hours per month.
B. Manager shall be credited with two hundred forty (240) hours sick leave, and shall not
begin accruing sick leave until such time has passed that Manager would have accrued the original
two hundred forty (240) hours. Thereafter, Manager shall accrue sick leave at the same rate as
other employees of the City, and the method of accrual and use of such leave shall be governed by
the Ordinances of the City and applicable rules and regulations.
C. The Manager shall receive all other forms of paid leave extended to other employees of
the City.
Section 9. Insurance
The City agrees to provide the Manager with the group health, dental, vision and life
insurance coverage as is offered to other employees of the City and to pay the premiums thereon.
The life insurance coverage shall be in an amount equal to two (2) times the Manager's annual
salary. Upon Separation from employment, the Manager shall be eligible for a continuation of
coverage under COBRA at his expense, regardless of the reasons for separation from employment.
Section 10. Termination, Severance Benefit and Resignation
A. The City shall pay severance benefit to the Manager during the term of this agreement.
From the effective date of this agreement, the Manager will be eligible for a severance benefit
equivalent to six (6) months his base salary as defined herein. if he is released from service for any
reason except cause as defined herein. However, should the Manager leave during the term of this
agreement for any other municipal position in another municipality, Manager agrees to reimburse
the City the equivalent of a fill six month's base salary.
B. The parties hereto expressly agree no severance payment as defined in Section 10A
shall be paid if the Manager is terminated during the term of this Agreement for cause.
C. Cause shall be defined as including, but not limited to, gross neglect of duty,
malfeasance, misfeasance or conviction for any felony or crime of moral turpitude.
D. In the event the Council at any time during the term of this Agreement reduces the
salary or other benefits of the Manager in a greater percentage than an applicable across -the
board reduction for all other employees of the City, or the City Charter of the City of Owasso,
Oklahoma, is amended to delete the Council/Manager form of government, or the Council acts to
terminate, then the Manager may, at his option, be deemed to be terminated effective at the date
of such reduction, change or action, and shall be entitled to the severance pay of paragraph A of
this Section at the rate of pay in effect prior to the reduction, change or action. Upon submission
of a properly executed claim in the amount of such severance pay, the Council shall approve the
claim for payment.
E. The parties acknowledge that circumstances may arise where, in order to avoid adverse
publicity to the Council and/or Manager, the Manager may tender his resignation from
employment conditioned upon the receipt of severance pay as defined in Section 10A. Should the
Council act to accept the conditional resignation, then upon submission of a properly executed
claim in the amount of such severance pay, the Council shall approve the claim for payment.
F. If the Manager becomes permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period of four (4)
successive weeks beyond any accrued sick leave, City shall have the option to terminate this
Agreement subject to the severance pay requirements of Section 10A. Irz addition thereto,
Manager shall be compensated for any accrued vacation not used, holidays, and any other
accrued benefits.
G. If Manager shall die during any period in which payments are being made in
accordance with Section 10A, the balance of the payments shall accrue to Manager's estate. If
Manager should die during his regular employment, the payment under Section l0A will not be
made and the insurance proceeds available pursuant to the applicable defined benefit plan shall
be in lieu thereof.
H. Should the Manager resign before the expiration of this Agreement other than under
the conditions of paragraph D of this Section and Section 14, the Manager shall give the City
written notice at least sixty (60) days in advance of the effective date of termination, unless the
parties otherwise agree.
1. Under the terms and conditions set forth in Sections 2 and 10 of this Agreement, the
Council retains the right, with or without cause, to tenninate this Agreement.
Section 11. General Expenses
A. In addition to the base salary and other benefits provided elsewhere in this Agreement,
the Manager shall receive use of a City vehicle maintained by the City for City related business
and functions before, during, and after normal work hours.
B. The City recognizes that certain expenses of a generally job -affiliated nature are
incurred by the Manager in the course of his duties and agrees to pay the Manager each month
for such expenses. Detailed receipts must be presented before reimbursement is approved.
C. The City will pay the premiums of any fidelity bonds required of manager by the
Charter and Ordinances of the City or otherwise as may be required by State Law.
Section 12. Dues and Subscriptions
The City agrees to budget and pay for the professional dues and subscriptions of the
Manager necessary for his membership in the City Managers Association of Oklahoma.
�ection 13. Defense . r
The City shall provide defense and indemnification to the Manager in accordance with the
City's statutory authorization therefore, all as set forth in Title 51, Oklahoma Statutes, Section
162, or any amendments or successor provisions pertaining thereto, or other applicable law.
Section 14. Notices of Non -Renewal
If, and in the event, the City shall not be desirous of renewing this Agreement upon the
expiration hereof, City shall give Manager written notice of such non renewal no later than sixty
(60) days prior to the expiration date hereof. If, and in the event, City shall fail to give written
notice of non -renewal within the time provided for above, then, in such event, City shall pay
Manager the severance payment set forth in Section 10. Provided, however, if, and in the event,
the expiration date arrives without any contractual renewal but nevertheless Manager continues to
perform in the capacity of City Manager with compensation and benefits as are provided for
herein for the entire upcoming calendar year, and/or a successor agreement with an effective date
of January 1, 2007, is entered into for the entire calendar year, then, in such event, the payment
provided for in the foregoing sentence shall not be required of City to Manager.
Upon affirmative vote by a majority of the governing body prior to December 31, 2006, the
terns and provisions of this Agreement shall be in full force and effect. In the event the City has
not notified the Manager of its intent not to renew the contract as stated above, then the Manager
may submit his resignation at any time within the sixty (60) days prior to the end of the contract
year upon 15 days notice and such resignation shall not waive the City of any obligations set forth,
in the first paragraph of this Section and the City shall be obligated for the full six (6) months
severance, regardless of the date of the Manager's resignation.
Section 15. Notices
Notices pursuant to this Agreement shall be given by deposit in the custody of the United
Mates postal service, postage prepaid, addressed as follows:
CITY:
City Council
PO Box 180 Owasso, OIL 74055
MANAGER:
Rodney J Ray
8503 N 100th East Ave Owasso, OIL 74.055
Alternatively, notices may be personally served on the parties. Notice shall be deemed given
as of the date of personal service or as of the date of deposit of written notice in the United States
postal service.
Section 16. General provisions
A. The text herein shall constitute the entire agreement between the parties. This Agreement
supercedes any and all previous agreements between the parties. No part of any previous
Agreement either verbal or written between the parties shall carryover into the term hereof except
and unless specifically provided for herein, or as provided pursuant to Oklahoma or Federal Law.
B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
the heirs at law and executor of the Manager.
C. If any provision, section or subsection of this Agreement shall be held unconstitutional,
invalid, or unenforceable for any reason, such holding shall not be construed to impair or
invalidate the remainder of this Agreement, notwithstanding such holding.
D. Titles of this Agreement are for reference and convenience only, and shall not be
construed to modify the specific terms hereof.
E. This agreement is specifically subject to appropriation of moneys to fund same for the
calendar years January 1, 2005 through December 31, 2006.
ICI WITNESS WHEREOF, the parties have executed this Agreement, the day and year first
above written.
Sherry Bish , City Clerk
By:
Susan Kimball, Mayor __...—
MANA + R
Rodne . a �~
to form and legality on the day of , 2004.
D. Cates, City Attorney