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Home My WebLink About2005.01.11_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: January 11, 2005 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, January 7, 2005. �'i� Juliavens, Administr, t"We Assistant 1. Call to Order Mayor Kimball 2. Discussion relating to Community Development Department items Mr. Wiles Attachment #2 A. Final Plat (2) 3. Discussion relating to a supplcmental appropriation for the Police Services Budget Mr. Chambless Attachmcnt #3 Owasso City Council January 11, 2005 Page 2 4. Discussion relating to soccer field lighting at the Sports Park. Mr. Warren Attachment #4 5. Presentation and discussion relating to a Code Red demonstration. Mr. Rooney Attachment # 5 6. Presentation and discussion relating to contractor licensing in the City of Owasso. Mr. Ray Attachment #6 7. Discussion relating to City Manager Items Mr. Ray Attachment 97 A. Apartment PUD B. Vanguard Items (enclosure) C. FY 2005-06 Budget D. Right of Way Issues 8. Adjournment 1►1'1�� : �: �11 l TO: PLANNMG COMMISSION CTrY OF !" "; FROM: 1 COMMUNITY ! : OP A DIRECTOT MAIL PLAT <-P DATE: 0�t fE-Point, LLC has submitted an application to the Planning Commission for approval of a final plat for I-E-Point, located 360' south of Ffighway 20 on the east side of the Owasso Expressway. The applicant wishes to create 5 lots attached. The property is approximately 3.38 acres in size and is zoned CS (Shopping Center District). The subject property is undeveloped. The property to the north is zoned CS and is occupied by a QuikTrip, Property to the east and to the south is zoned CS and is undeveloped. The Owasso Expressway mans along the western border of the property, and Garrett Creek Commercial Center is developing on the west side of the highway. The three primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. 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. .After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The applicant is requesting this review in order to facilitate commercial development on the five lots, The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. The preliminary plat for the project was accepted in June, 2003. Regional stormwater detention has not been provided for this development — as the five lots develop, the uses that locate on the lots will be required to provide individual detention facilities. Bulk and area requirements have been met as have access requirements. Water will be provided by Washington County Rural Water District #3. The Technical Advisory Committee reviewed the Final Plat at their. December 29fl'regular meeting. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The Technical Advisory Conunittee recommended approval of the I-E-Point Final Plat with the following conditions: 1. Include in the deed of dedication that on -site detention will be required of each lot. 2. A turn -around will be required at the end of the service road. 3. The west perimeter easement must be 17.59 . 4. Include utilities language in the plat's covenants. 5. Note the actual book and page for each easement, shown on the plat. The staff recommends approval of the Hi -Point final plat subject to appropriate actions taken to satisfy the TAC concerns. L Case Map t. Final Plat- 0 1L] Owasso Community Development Department 111 N. Main St, Owasso, ®K 74055 915,376.1500 918.376.1597 www.cityofowasso.com LIJ 77 F�Wkr January 10, 200E Final Plat Point R t4 1 n a STATE 1HIGHWAY 20 Hi 2t SURVEYOR: - - " Benchmark Surveying & Land Services, Inc. Pax .O. S1078 STREET NORTH z Owosso, Oklahoma 74055 EAST 106TH Phan.: (918) 274-9081 Loca{ion Map pp4i Of THE N/2 OF NE/4 OF SECTION 9. TOWNSHIP 21 NORTH, RANGE 14 EASt AN ADOI TION i0 THE CITY OF OWASSO, TULSA CCUNTY, G—HOMA. OWNEWDEVELOPER: Hi -Point, LLC. P.O. Box 419 OWH—. Oaonoma 74055 Phone: (918) 272-5338 e f$Sai Sege r�vffisl N Score. 1 =5p' D-d or o.atdR 1 L sTmTs u+o umm rAa.�uTs OWNERS CER'nRCATE CE"MATE OF SURVEY a pl�tsu< e cAmul�a.<1 na,Tml�iluw aw x.m n.» n a.vrru t t n CERT161CATE Of FY FLAT APPROVAL OVAL lu""t c N.—T, 15. 2PO4 i, PLANNING ,i w. CITY OF OWASSO FROM: CITY PLANNER Tyann Plaza, LLC has submitted an application to the Planning Commission for approval of a final plat for Tyann Plaza, located south of E. 96th St. N. on the east side of the Owasso Expressway. The applicant wishes to create one lot on 11.57 acres for commercial use. A general area map is attached. The property is approximately 11.57 acres in size and is zoned CS (Shopping Center District). The subject property is undeveloped. The property to the north is zoned CS and is undeveloped. Property to the east and to the south is zoned O (Vledium IntensityOffice) and is also undeveloped. The Owasso Expressway runs along the western border of the property. Waterford Plaza, Walgreen Drug Store, and Dome Depot border the development to the Northeast. An off site stormwater detention center is adjacent to the southeast. The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. 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. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. R The applicant is requesting this review in order to facilitate commercial development on one 11.57 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Since this is a one lot development there is no preliminary plat required. Oft` site stormwater detention has been provided for this development to the southeast in the stormwater detention center behind Home Depot. Water will be provided by the city of Owasso. The Technical Advisory Committee reviewed the Final Flat at their December 29 h regular meeting. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The Technical Advisory Committee recommended approval of the Tyann Plaza Final Plat with the following condition: 1. All separate instruments shown on plat must be noted by book and page. CONI tE ATI N: The staff' recommends approval of the Tyann Plaza final plat subject to appropriate actions taken to satisfy the TAC concerns. ATTAC i < NTS: 1. Case Map 2. Final Plat Oeed' oMf DYd�cumbn .ao ,. 11.j.. . mwo» row sa �Ptn vmu ms:mo � R YPultic sTRfErs Ax uiauTT EAsocwrs. Certnln Res YrlCtionS A. uN➢ERGvuR➢ Arm ClC�.1R�IC A —Al SC�vICE� FINAL PLAT TYANN PLAZA A PART OF THE NORTHEAST QUARTER tNE/4) OF SECTION 20 TOWNSHIP 21 NORTH. RANGE 14 EAST AN ADDITION To THE CITY OF DWASSO. TULSA COUNTY, 12KLAHONA 1 LOT 1N 9 BLOCK 11.57 ACRE TRACT ZONED: CS SURVEYOR: OWNER IDEVELOPER: D. GOSS 6 ASSOCJATES, LLC TYAHN PLAZA, LLC. P.O. BOX 216 PO BOX 397 COLLINSVILLE, OK 74021 OWASSO, OK 74055 1918> 371-7750 (918> 274-0517 Certlflcote of Authorizotlon No. 3932 Ren—t DdteI June 30, 2005 ENGINEER KELLOGG ENGINEERING, INC. 6SOUTH 4060 ROAD TALAL 74080 (916) 275-4080 Crt!£Icote f Authol-tio,¢ No. 2788 � //a Renemol DoteI June 30, 2005 v" 01 / "d, .4 ti umnu. mu ¢ R,eaa v [ia ,at max rv®a •muo nscs,r� �'� a�s,s am�.� o pmp 4u / / fH:C➢ flmv ,m2 PRNT)S(D 5/R' 6 0✓ISaX v( FFxA am (£M f1Am Paw �!amu`,ES f£m+ Pnr 2 +sI eOi..[tV]] 4 11U2C NY6 9 baa.E d i L BENCHMARK: m0nt mG o-anm+ ntw� . ¢um paw r®) '�a� Imaa oa m 2m mom (am�mA Si¢ nW .mm uval Axn sTarx sEe,Ex iKvtn+¢.a dti➢:sA LSYns[➢ m�i vwFal¢15fINVM� 1� YRC VExi A x,�[luitw 6� fan¢ M r�s16x fwvx¢IH[ wu EWT— IAM [6+s IRvtTlCau rCl3vllt vWOe me IxiEw2RC vl(H iNn . nClLlilES�a h 6 Ovasiv. Oa OTTER PRpvl➢[a a iHC CASC mY Y. stuLL DC nLSPtXStaeE 56r mDIwYtY MIME C Cf ITS PU➢L IL vaTEw LIeE PA i. 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LAxn2[APC xW PA— AfPp1R. x s,rmm' wiyw� 1528d' a w-nsm 4w 4] $o IT / N \ es�\/ R 14 E eau£ �EP' /F v 4" BLOCK I T 21 - .':,� E e,m IT o� 5E£lipx 20 II,SA Coll"T, LOCATION MAP SCALE. 1"-20DQ � / // / CCRIIEICATE 0( OVNERSHSP - .V.i..--Yo s tit a&lEr .S:m us"ia.� / / / / / uwvaw rm ¢,e �. ..m rwma ¢.m, m rm�. ,••• rr ..., oue v vw / / / / Wv[n acre n ,we w tvW ra u, we ,u uet .aav¢ wr,in CERTIFICATE I SURVEv L Isnat waox au cw.•• avavo � AdNAL &. �o asae CERTI(ICATE OF FIKAL PLAT APYRQVAL TYAHN PLI W. %. �;3 l l*if s-y 1 � S 11' TO: THE HONORABLE MAYOR AND COUNCIL CITE' OF OASSO FROM:SCOTT CHAMBLESS DEPUTY POLICE RE: SUPPLEMENTAL APPROPRIATION POLICE DEPARTMENT DATE- January 5, 2005 BACKGROUND: On October 26, 2004 the Owasso Police Department applied for grant funding through the "2004 Local Law Enforcement Block Grant." This grant was made available by the Oklahoma District Attorneys Council Federal Programs Division and awarded through the Local Law Enforcement Advisory Board. The purpose of the grant was to allow for the purchase of basic safety equipment. The maximum allowable award for this application process was $ 10,000 with a 10% local match required by the receiving entity regardless of the award amount. The department submitted a request to fund equipment totaling $ 9,840, of which $ 8,856 would have been provided through grant fields and $ 984 would have been required through department funds. On December 10, 2004 the City of Owasso received notification that the Police Department was awarded $ 1,436 in federal funding as a result of the grant application, thus requiring a local match of $ 159. The award was for the purchase of four `less than lethal" shotguns, estimated to cost a total of $ 1,595. Full grant funding was not available due to reductions in federal funding for the Local Law Enforcement Block Grant. The shotguns purchased by this grant will be dedicated for use as less lethal launching platforms and will be available for use by first responding patrol officers in the field. These weapons will give officers the ability to apply impact munitions from extended ranges which will greatly increase officer safety while also providing the ability to utilize cover. REQUEST In order for the City of Owasso to utilize funds from the 2004 Local Law Enforcement Block Grant, a supplemental appropriation to the Police Services Budget of the General Fund is needed. The supplemental appropriation would increase both revenues and expenditures of the Police Services Budget by $ 1,436. Bum Funding for this request is derived from the 2004 Local Law Enforcement Block Grant in the amount of $ 1,436. The remaining $159 will be obtained through existing funding in the Police Services Budget. RECC®NIENDATI®N Staff recommends Council approval of a supplemental appropriation to the General Fund, increasing revenues and expenditures by $ 1,436 in the Police Services Budget. ATTACHMENT: 1. Notification from the District Attorney's Council. LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD NOTICE District Attorneys Council 421 N.W. 13th, Suite 290 Oklahoma City OIL 73103 (405) 264-5008 FAX (405) 264-5095 Grantee: Owasso, City of 111 N. Main St. Owasso OK 74055 PHONE: (918) 376-1566 FAY: (918) 376-1589 Federal ID Number: 736069613 CFDA: 16592 Grant Amount: $1,436.00 Federal Match: $159.56 SUBGRANT NO: LE04-090 Project Name: LLEBG START DATE: 1/l/2005 END DATE: 5/31/2005 DAC CONTACT: Tara Buxton (405)264-5008 Program Director: Scott Chambless This grant is subject to the terms and conditions set forth in the proper program of the State of Oklahoma Grant Application which was submitted to the Department of Justice . The award is authorized by the District Attorneys Council (DAC) and DOJ. The subgrantee shall administer the project for which this subgrant is awarded in accordance with the applicable rules, regulations, and conditions as set forth in the Federal Guidelines, the Administrative Guide For Justice Grant programs published by DAC, and the effective edition of the Department ofJustice, Office of Justice Programs, Financial and Administrative Guide for Grants. The Subgrantee shall also administer the project in accordance with the Certified Assurances as included in the Subgrantee's application and any special condition/s placed on the award. The subgrantee shall maintain separate accounts and accounting records for the subgrant funds, and shall maintain and furnish to DAC and DOJ upon request, detailed accounting and supportive records both the federal and matching funds. The subgrantee shall file such reports relating to the subgrant as are required by DAC and DOJ. Special Conditions. (See Attachment) Notary Chief Executive Officer Expires Date _ _ Commission Number MiC use only A/L DeLynn Fudge Director of Federal Programs Date TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OA O FROM: DAVID WARREN DIRECTOR DATE: January 7, 2005 BACKGROUND The FY 2004-05 Budget included funding for several Capital Improvement Projects throughout the City of Owasso. Included among those projects was funding to provide improvements to the soccer field 66J" lights at the Sports Park. A total of $130,000 was budgeted for this improvement. In December, the Parks Department started the process of advertising for bids in order to provide a six - pole lighting system for field "J„ which is located on the west side of the entrance road. The bid packet was developed with a base bid that included a complete six pole lighting system, the conduit and wiring, switch panels for the system, as well as the final grading, excavation, and concrete encasement for the light poles. All bids are to be received by January 11, 2005 at 2:00 Plvl. A total of two bid packets were picked up from the City Clerk's office and it is anticipated that both companies will submit bids. FUNDING: Funds for the lighting system were included within the Capital Projects Department budget in the amount of $130,000, COMMENDATION. Staff will provide the Council the bid tally sheet at Tuesday evening's meeting. Providing both bids meet specifications and are within the budgeted amount for the improvement, staff will be prepared to make a recommendation for purchase at the January 18, 2005 Council meeting. ATTACHMENTS: 1. Map of Project Area ue/x SrnEc7 w OWASSO SPORTS —PARK — CITY OF OWA%SO' O%La IN _ PUBLIC WORKS D[PARTn0 cwuwccuIwo orvmmm � TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER DATE: January 6, 2005 BACKGROUND: At the City Manager's Association of Oklahoma summer conference, Mr. Brian Davis made a presentation regarding the CodeRed notification system. The CodeRed notification system allows municipalities the ability to contact residents via telephone for any type of emergency, utility line repairs, street closures, etc. The contact area can be site specific (neighborhood, streets, or blocks) or the entire calling area. CodeRed has the ability to make up to 100,000 calls per hour and is an intcmet based application. Mr. Davis will be attending Tuesday evening's meeting to make a brief presentation. Background inforrnation is attached for your review. Someone from the city will go to the CodeRED website ()KwNu.coderedweb,�L and circle or shade the areas within your city map that you wish to call. That person will then pick up a phone and dial the toll free number CodeRED will provide on the website, record a message, hang up, and the calls will be delivered at a rate of 100,000 calls per hour. They can also set up internal and external customized calling lists for police, fire, city council, schools, etc. (Most of the numbers within your city limits will already be in our database, but we can work with you to make it even more accurate). You can then check to see (in real time) which residents have been notified, who actually answered the phone, who received a voicemail or answering machine message, who didn't answer, etc, The "non -connected" calls will be listed in walking order by address, so you will immediately know who did not receive the call. Advantages of the CodeRED System 1. Speed The system has the ability to launch up to 100,000 phone calls in less than an hour. 1 Ili -ice - CodeRED is the most affordable solution on the market, costing $6,000 per year for cities with a population of 50,000 or less. 3. 1 sum oi.naa, �� = Unlike other systems, NO HARDWARE needs to be installed. Everything is web based, so city officials can launch calls from anywhere in the world. 4. P € -,, eri Track k Record � CodeRED launched over 6 million calls in Florida over a two week span for Hurricane's Charley, Frances, and Ivan. 5. it v Customers ers � NO CITY or COUNTY has ever dropped the service- CodeRED has a 100% renewal rate among its nearly 100 customers and has replaced nearly every system on the market. 6. Success Siories - Cities/Counties have recovered 67 missing children this past year using CodeRED and we are also the calling backbone for the National Center for Missing and Exploited Children and A Child Is hissing, Primary gees for Code l Include: Environmental Natural Disasters Fires Y Missing Children Floods '` Missing Elderly Dangerous Water Conditions Evacuation Routes Water Safety Alerts Evacuation Notices Dam / Levy Breaks Man -Made Disasters Terrorism Threats Bomb Threats Nuclear Hazards * Bio Terrorism Threats Chemical Spills Gas Leaks HAZMAT Emergencies Support Public Works Public Notifications T Drinking Water Contamination Viral Outbreaks Utility Outages Street Closings Crime * Neighborhood Crime Watch T Prisoner Escape Warning Hostage Situations Sexual Predator Alert Brian Davis -- CodeRED -- 8632 Forest Glee Drive -- Irving, TX 75063 — 214-476-3430 TO: THE HONORABLE MAYOR AND CITY COUNCIL CTTY OF OWASSO FROM:RODNEYJRAY CITY MANAGER i DATE: January 7, 2005 BACKGROUND The City of Owasso requires that certain contractors (electrical, mechanical and plumbing) secure an Owasso Contractors License at a cost of $100 per year. That requirement is by ordinance and was initially enacted as a method of providing both quality installations as a means of consumer protection and to allow our inspectors to know who was the licensed contractor on a particular job. Prior to 1982, there was no state licenses for these contractors. Municipal governments were required to conduct testing and licensing at the local level in order to have the desired level of control (and to revolve a contractor's ability to work in the city if the quality of their work was below the code requirements). However, from 1982 thru 1987, the State Legislature passed laws requiring electrical, mechanical and plumbing contractors to secure a state issued license and pass a state administered test before they could be licensed by any governmental entity. Subsequently, most cities began to recognize the state licenses and required each contractor to simply provide that license as a prerequisite to holding a local license. Owasso, like most other municipalities, enacted an ordinance requiring all contractors to provide the City with a copy of their license and pay a fee of $100 annually for local licenses. Additionally, the City recognizes a state issued journeyman's license as the only required license for that level of work (all journeyman licenses must be pledged to a contractor and the journeyman must work under the supervision of a licensed contractor). Last year during the 2004 Legislative session, there were discussions relating to the burden that local licensing placed on contractors. Some contractors had to apply for and hold as many as 42 local licenses. The rationale for changing the law was that the license requirement imposed by the Cities was not actually producing any results other than keeping honest contractors honest and costing them additional money while still allowing unscrupulous contractors to continue to work "out of compliance". In 2004 the discussions relating to this issue did not proceed beyond the discussion stage. However, a consortium of associations (including a broad range of contractor groups and building groups) have joined forces this year to try to pass legislation allowing for the recognition of the state license as the only required license for electrical, mechanical and plumbing contractors. Last month a representative group of those contractors met with the OML's Legislative Committee in an attempt to receive an endorsement for their proposal. I am a member of that committee and I was appalled at the reception the group received and the lack of consideration their proposal was given. While having long been a proponent of state and local licensing for contractors, and was pleased to have guided the first of those state licenses (electrical) through the legislature in 1981, I have reached a point of questioning the need for this additional license requirement and cost of the contractor of doing business. I was, in fact, impressed with the group's presentation and felt that additional consideration should be given to the proposal. Subsequent to the presentation by the contractors, our staff met and discussed the concept. While there were initial concerns (mostly relating to change rather than the concept itself) the eventual feeling was that the proposal has merit and should be further investigated for possible enactment at our local level (even if the state does not require us to do so). Therefore, the contractors consortium has been asked to attend the Work Session on January 11, 2004 for the purpose of making a short presentation to the City Council relative to this issue. Please note the group did not request to attend but rather the staff believed it to be in the best interest of the discussion to have a presentation from those who best understand the proposal and its impact. THE CONCEPT: Generally, the concept if enacted by the City or the State would: ® Recognize the State issued Electrical, Mechanical and Plumbing licenses issued by the State of Oklahoma as the only required licenses by the State, County or City Government. There would be no Owasso Contractor License required Inspection fees and permit fees would/could be increased to ensure a "revenue neutral" condition. ® Enforcement would take place as it is currently, by requiring contractors on building projects to produce valid licenses upon request and requiring the listing of the contractor- on building permits. ® The local ordinance can allow the building inspector to "suspend" a contractors ability to do work in Owasso pending a review of allegations before the Owasso Board of Adjustment and finally a filing to the state for revocation of a contractor's license (essentially the same process that we now have). ® The issue could be designed to be revenue neutral and would not have a fiscal impact. FISCAL IMPACT: Currently, the revenue Owasso receives from contractor licensening fees amounts to $26,000 annually. The basic concept is to inereasc inspection fees and building permit fees to cover the loss of that rcven ic. The final determination of how to assess those increases and the allocation of increase between the various cxisting charges has not been fully evaluated or determined (that process and proposal will await the Council's discussion of this issue). Generally, however, the staff considers this impact to be slight. ADMINISTRATIVE IMPACT: Implementation of this proposal would remove the requirement of processing hundreds of license applications for contractors and journeymen on an annual basis. It is an onerous task that seems to provide no real results and requires substantial record keeping by the staff. It is without doubt the proposal will free -up significant staff time for other duties. Additionally, the State keeps and has available the names and other information on all licenses holders in all of the contractor categories. That information is assessable on the internet at all times. ENFORCEMENT IMPACT: The concern for enforcement is centered on the City's ability to revoke the licenses of a contractor who is performing substandard work or work that is not "up to code". The issuance of local licenses does give the City the ability to do so. However, the process required to revoke the local licenses requires the City Building Inspector to suspend the license and for the contractor to "appeal" that action to the Board of Adjustment. The staff believes that the same procedure can be built into the new ordinance with some variation of the wording so that the process allows our building officials to "suspend" the right of a contractor to do work in our City, such being subject to the saine "due process" now afforded to the contractors. Simply put the impact on enforcement is minimal. COMMENTS: ® The staff believes this proposal has merit and should be considered ® The current system does not provide additional protection and only impacts those contractors who already comply with the law and then cost those same contractors additional money. ® Although a different concept this "fits" with our overall philosophy of bringing business concepts to government. The contractor's consortium will be making a brief presentation to the Council and Staff during the Work Session, discussion, if any, is limited to questions that the Council and staff may have. ® There is concern by some staff that this action could indicate that the City is "cozy" with contractors and allowing them to have less oversight than other cities provide/require. HONORABLETO: THE AND COUNCIL CITY OF OWASSO FROM: JOINT CITY, SCHOOL, AND PLANNING COMMISSION " FINDINGS r t rr APPROPRIATE FORMS O REGULATION FOR APARTMENTS — PROPOSED ORDINANCE #808 This joint committee of City, School, and Planning Commission officials was formed to evaluate the current criteria and processes used by the City of Owasso to regulate apartment developments, and to consider any changes to those criteria and processes that might ensure the compatibility of future multi -family developments with adjoining neighborhoods. The committee is comprised of ten members, six citizen members and four staff members. The committee began meeting in August 2004 with the goal of recommending an update of the apartment regulations to the City Council by January 2005. List of Members of the Committee MembersCitizen Kimball,Susan Brent Colgan, Councilor Ogilvie,Dr. Clark w• Ken Fisher, School Board Frosty p. School PlanningMarilyn Hinkle, Commission Kevin Vanover, Planning Commission ISSUES EXAMINED THE COMMITTEE: Staff Members Rodney Ray, City Manager Eric Wiles, Community ®ev. Director [fan Yancey, Police Chief Over a series of meetings, the committee examined a progression of topics relating to the development of apatiments in Owasso. First, the committee considered what existing schools are situated adjacent to multi -family zoning districts, what current zoning restrictions exist that regulate development around schools, and what traditional planning rationale suggests for locating apartments around schools. Next, the committee evaluated concerns including traffic, screening, and fencing. The committee then analyzed different planning alternatives that could be used to address the concerns. After analyzing the alternatives, the committee examined apartment location standards from seven cities with similar situations to Owasso. The cities that were studied include: Once these regulations were studied and compared with Owasso's regulations, two hypothetical examples of apartment developments in Owasso were evaluated. One of the development examples was for a piece of property in Coffee Creek, while the other example was for a piece of property south of 76th Street North and east of Mingo Road. After looking at these hypothetical case studies, the committee researched the development options that would be provided via planned unit developments. Finally, the committee examined the legal considerations of planned unit developments. Of the alternatives examined, the one that allowed the most flexibility to the City to deal with issues of uniqueness was the alternative offered by planned Unit Developments (p ). A PUD is a supplemental zoning district overlaid onto an existing zoning classification (such as RS-3) and provides an alternative to conventional development. The outline development plan and accompanying development standards applicable to a particular tract in the PUD require the approval of the Owasso planning Commission and City Council. BENEFITS OF A p - There are several benefits to the City and the developer that are provided by a PUD. First, it encourages innovative land development while maintaining appropriate limitations on the character and intensity of use and helps assure compatibility with nearby properties. Second, a PUD allows greater flexibility within the development so that unique physical features of the particular site can be utilized. Third, a PUD allows smaller lots and setback requirements while limiting the overall number of dwelling units, thus encouraging the provision and preservation of meaningful open space. Fourth, a PUD allows various uses within the same development — uses that are not allowed within the same district under conventional zoning rules. Finally, a PUD encourages a more productive use of land, while allowing the development to remain consistent with the public objectives and standards of accessibility, safety, infrastructure, and land use compatibility. PUD REGULATIONS — Under current Owasso regulations, a PUD may be submitted for land located within any general zoning district. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. Each PUD is assigned a maximum permitted number of dwelling units, this is obtained by dividing the total area of the development by the minimum land area per dwelling unit permitted in the applicable use district; in the case of the -2 Multi -family district, the minimum area per dwelling is 3,100 square feet. In order to encourage the use of open space, PUD lot area minimums are only 800 square feet and PUD lot width minimums are only 20 linear feet, though these allowances are unlikely to come into play within an apartment development. Issues such as landscaping, greenbelts, screening, access management, outdoor lighting, and building height are not prescribed by the zoning code, but the Planning Commission and City Council can set forth standards for these issues within the approved PUD and require that the standards be incorporated into the development's subdivision plat. Code requirements that pertain to infrastructure standards, drainage, and floodplain management remain just as they would if the development occurred conventionally instead of within a PUD. By applying apartment developments to a requirement that they be located within a PUD, the City would be better able to evaluate site -specific concerns. Included with this memorandum is ordinance #808, an ordinance that is proposed for adoption by the City. The ordinance would require that any future apartment developments within the city limits be located within a PUD. The committee finds that high -density residential developments bring with them unique issues that must be addressed with unique solutions. Therefore, the committee recommends that the City Council approve ordinance #808, whereby the City would amend the zoning code to require that any future apartment development be located within a planned unit development. ATTACHMENTS. 1. Proposed ordinance #80 2. Committee memorandum dated November 4, 2004 3. Committee memorandum dated September 2, 2004 4. Committee memorandum dated August 2, 2004 An ordinance amending Section 1008 of the Zoning Code of the City of Owasso, Oklahoma, by creating Section 1008.3(d), requiring that new multi -family dwellings in Owasso be located within Planned Unit Developments (PUD). WHEREAS, high -density residential developments bring with them unique issues that must be addressed with unique solutions, and W-BEREAS, Planned Unit Development is an alternative to conventional development where the particular tract is under common ownership or control, and a detailed plan (outline development plan) for the development of the tract as a unit is proposed and submitted for public review, and W-BEREAS, the purposes of the Planned Unit Development are to: APPROVED this I I th day of January, 2005. Sherry Bishop, City Clerk Susan Kimball, Mayor Ronald D. Cates, City .Attorney V TO: MEMBERS OF THE JOINT COMMITTEE ON APARTMENT LOCATION REGULATIONS FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR IATE: November 4, 20-12 On September 20, the committee continued a dialogue about the issues and concerns surrounding policy of locating apartments near public schools in Owasso. Two of the directives that came out of that meeting: 1) derive a proposed list of standards that could be required of all future apartment developments in Owasso, so that negative impacts on existing, nearby developments could be mitigated, and 2) examine two hypothetical situations in Owasso that show different types of apartment location concerns. 3 lus R111=11 Many cities that are similar to Owasso in size and situation have developed standards that are used in regulating the development of apartments. The municipal codes of five cities in Oklahoma and two cities in Texas were examined in order to derive regulatory benchmarks for apartment development standards. Those cities that were studied include: Norman, OK; Shawnee, OK; Mustang, OK; Broken Arrow, OK; Edmond, OK; South Lake, TX; and Plano, TX The staff desired to determine standards for apartments in these cities for five different development aspects: 1) Bulk and area regulations, 2) Screening, 3) Landscaping and green belts, 4) Access management, and 5) Outdoor lighting requirements. BULK AND AREA REGULATIONS — Bulk and area regulations provide standards for lot size and structure placement on the lot. Below are lists that illustrate the average benchmark standards of bulk and area from the seven cities studied by the staff. To the right of the average benchmarks, Owasso's current standards are shown in parentheses. 1 Minimum Lot Area: Minimum Lot Area per Dwelling Unit: Minimum Frontage: Maximum building coverage of lot: Front yard setback: Side yard setback: Rear yard setback: Maximum building height: Low -density High -density Zoning district Zoning -district 22,000' (10,000) 8,400'(6,000') 3,000' (4,300') 2,400'(3,100') 200' (100) 150' (100) 50% (NA) 50% (NA) 75' (35') 75' (35') 75' (10) 75' (10) 75' (20) 75' (10) 35' (30') NA (NA) SCREENING — Each of the codes of the cities that were examined require that apartments be screened from less intense, adjoining residential uses. The codes do not mandate what material must be used to provide the screening, but in all cases it must be at least six feet in height, opaque, not made of vegetation, and must provide a visual separation of uses. The Owasso code currently provides these same requirements. particularLANDSCAPING AND GREENBELTS — Greenbelts are strips of land designed to put a r other vegetationbetween a parking lot and adjacent roadway. Four of the seven benchmark require around perimeter of lotsoccupied by apartments. For three of these four communities, the required greenbelt width is 35'. Currently, Owasso does not require a greenbelt around the perimeter of an apartment development. Apart from regular landscape requirements imposed on all developments, none of the cities that were studied require special landscaping standards just for apartments. ACCESS MANAGEMENT --- Access management standards deal with the way that developments impact transportation and how they integrate into the surrounding road system. Some aspects of access management specify separation standards between curb cuts and intersections, while others state what types of roadways must be used for access. Four of the seven communities studied require that, for the higher -density multi -family zoning districts, apartments must be located along collector roads or arterial roads. None of the communities required special standards for uses located within lesser -density multifamily zoning districts. None of the codes include provisions for curb cut separation distances particular to apartment developments. Owasso's code does not currently provide access management standards particular to apartment developments. OUTDOORi Qcities outdoor lighting ordinances. The other four have adopted codes that simply include a provision that lights from commercial not allowed to shine directly into 0 single-family residential subdivisions. The three cities that do have lighting ordinances provide requirements that include apartments with commercial developments within the regulations. These regulations provide that all outdoor lights with apartment developments be pointed downward, be restricted in height and light intensity, and, in one instance, state the maximum number of foot-candles that are allow to result from the lights at the development's property line. ------------ Having examined real codes for the development of apartments in communities similar to Owasso, the staff desired to explore the different types of considerations that might appear in potential apartment developments here in Owasso. HYPOTHETICAL EXAMPLE #1 — Attached is a staff report of a hypothetical apartment development in Coffee Creek, specifically, 46 units on 3.28 acres at the intersection of East 103rd Street North and North 138th East Avenue (immediately east of Northeast Elementary School). The area in which these apartments would be constructed is newly developing, with a mixture of uses designed to attract new residents to Owasso. The character of the neighborhood is oriented to residents, and a variety of uses are provided within the neighborhood to serve as many residential needs as possible, such as dwellings, education, offices, and recreation. The structures are of a generally unified style, and the investment into the area by property owners is significant. Because of the nature of the surrounding area, much consideration must be given to any new development at the proposed location, in order to achieve a level of compatibility with properties that have already been built upon. Such compatibility could be increased by proper landscaping, screening, lighting, access, setbacks, and other considerations. HYPOTHETICAL EXAMPLE #2 — Also attached is a staff report of a hypothetical apartment development south of 761h Street, specifically, 140 units on ten acres 560' south of 76th Street and immediately behind F in-X, Inc. The area in which these apartments would be constructed is largely undeveloped, with only two businesses, one manufacturing facility and one tobacco retail store, in the area. The area is low-lying and largely in the iloodplain. It is currently being filled and used as a vehicle and equipment storage site. There are no residences in the area, and the site is not easily visible from 761h Street North. Because of the lack of development that has occurred in the vicinity of the site, much consideration must be given to servicing the property with utilities and roads. Also, caution must be taken with the development because of the floodplain and fill. Compatibility with adjacent residential developments is not an acute concern because there are no adjacent residential developments. OBSERVATIONS GATHERED FROM HYPOTHETICAL, EXAMPLES — It is easy to see that the two hypothetical apartment development examples are very different from each other. The Coffee Creek development is well served by transportation and utilities and would be easy to physically develop, but compatibility must be ensured between the proposed development and existing land uses that surround the site. The 761h Street site is out of the way and largely hidden, but much investment is required to physically develop the property according to municipal codes. Different apartment developments require different approaches. Code requirements that should be applied in certain cases appear unnecessary in other cases. What is needed is the flexibility to provide for development in these very different conditions in a responsible manner that allows a reasonable return on the developer's investment while protecting the existing investments of any nearby property owners. One mechanism that can be d to addressdevelopments of such different character the Planned Unit Development (PUD). A PUD is a supplemental zoning district overlai onto an existing zoning classification (such as RS-3) and provides an alternative conventional .,p,m., The outline developmentplan d accompanyin developmenta:applicable1 particulartract' ii'require theapproval ,�.. Owassothe r' " Commission and BENEFITS OF A PUD ® There are several benefits to the City and the developer that are provided by a PUD. First, it encourages innovative land development while maintaining appropriate limitations on the character and intensity of use and helps assure compatibility with nearby properties. Second, a PUD allows greater flexibility within the development so that unique physical features of the particular site can be utilized. Third, a PUD allows smaller lots and setback requirements while limiting the overall number of dwelling units, thus encouraging the provision and preservation of meaningful open space. Fourth, a PUD allows various uses within the same development -- uses that are not allowed within the same district under conventional zoning rules. Finally, a ICU encourages a more productive use of land, while allowing the development to remain consistent with the public objectives and standards of accessibility, safety, infrastructure, and land use compatibility. PUD RE CrxULATIONS _-- Under current Owasso regulations, a PUD may be submitted for land located within any general zoning district. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. Each PUD is assigned a maximum permitted number of dwelling units, this is obtained by dividing the total area of the development by the minimum land area per dwelling unit permitted in the applicable use district; in the case El of the -2 Multi -family district, the minimum area per dwelling is 3,100 square feet. In order to encourage the use of open space, PUD lot area minimums are only 800 square feet and PUTS lot width minimums are only 20 linear feet, though these allowances are unlikely to come into play within an apartment development. Issues such as landscaping, greenbelts, screening, access management, outdoor lighting, and building height are not prescribed by the zoning code, but the Planning Commission and City Council can set forth standards for these issues within the approved PUD and require that the standards be incorporated into the development's subdivision plat. Code requirements that pertain to infrastructure standards, drainage, and floodplain management remain just as they would if the development occurred conventionally instead of within a PUD. By applying apartment developments to a requirement that they be located within a PUD, the City would be better able to evaluate site -specific concerns. At the previous discussion, the group articulated five questions relating to the legality of regulating apartments that the staff researched with the City Attorney. Attached with this report is a memorandum of answers to these questions from the City Attorney. The five questions that were posed by this group at the previous discussion were: 1) May we require apartments in an RM district to develop within a PUD, while other uses allowed within an RM district do not have to develop within a PUD? 2) May we require only apartments to develop within a PLJD, while not extending the requirement to other uses exclusive to use unit 8? 3) ghat are the legal considerations for developing spacing requirements for apartments and schools? 4) May the City of Owasso legally require spacing between apartments and schools by ordinance? 5) Assuming we adopted an ordinance, could the City of Owasso require PUD for apartment developments on land already zoned for multi -family use? QUESTIONS #1 AND #2 -The City maw require apartment to develop within a PUD and may restrict this requirement to apartrnentsdone. It has already been established that a PUD requirement would allow the City to be better able to evaluate site -specific concerns. Therefore, a PUD requirement would in fact be a furtherance of an authorized purpose of the City, and the law would not be unreasonable, arbitrary, or constitute an unequal exercise of police power. QUESTIONS #3 AND #4 -- The City r_ r ay require _�ir�g between at�artments and schQ.ols loner the City%nds some purpose to do sos In similar ordinances requiring certain spacing between schools and alcoholic beverage sales establishments, and between schools and sexually oriented businesses, the purpose of the regulation is to prevent the exposure of students to the products being offered for sale. In order to N separate schools from apartments, a similar purpose would have to be found that would create a need for students to remain separate from apartments or from the effects of apartments. QUESTION #5 — The City may require PUD for apartment developments on land already zoned for multi -family use. Since the property owner, who currently has an expectation that the property can be used for apartments, would still be able to use the property for apartments after the regulation goes into effect, the PUD requirement may be extended to land already zoned for multi -family use. The City Attorney's memo clearly states, "Admittedly, the technical requirements for the implementation and enjoyment of such use would change; however, the permitted use would otherwise remain unchanged." The staff finds that the most appropriate way to mitigate any issues that cause apartments to be incompatible with their neighboring land uses is to require that apartment developments be located within a PUD. 1. Staff report for Apartments Example #1 2. Staff report for Apartments Example #2 3. Memorandum from City Attorney dated November 8, 2004 I NEFF/ m�o._F /_aa�NaS UM TO a RODNEY RAC' CITY MANAGER FROM: ERIC WILES SUBJECT- ISSUES CONCERNING SCHOOLS AND MULTI -FAMILY ZONING REG ULA T IONS ATE- September 29 2004 In .Tune of this year, the staff, was directed to evaluate the various issues concerning schools and multi -family zoning; regulations. This directive stemmed from an action to rezone a tract of land adjacent to an Owasso school for RM-2 Apartment use. The action drew significant attention from area property owners, and the City Council expressed a desire to conduct a dialogue on the issue with Planning Commission and School District officials. CIRt(,l}dT ZONING REGULATIONS FOR APARTMENTS S - The Owasso Zoning Code currently provides for apartments to be located on any property zoned for multi -family use. If that property lies adjacent to IDS single-family, E estate, or RD duplex districts, then the apartments must be screened from those districts by a screening wall or fence. EXISTING SCHOOI_,S ARIA'(_'% TT TO 1 TLTI-FANUL Y ZONING DISTRICTS Five schools within the Owasso :Public. School District are currently situated adjacent to multi -family zoning districts. "These include Ator, Barnes, 'Hodson, Northeast, and Smith. According to Owasso's codes, there are two land uses that must exhibit spatial separation from schools. Establishments that sell alcoholic beverages must be located at least 300' away from a school. Sexually oriented businesses must be located at least 1,000' away- irony a school. I Traditionally, it is considered appropriate to locate schools within the interior of neighborhoods, as a focal point for those areas surrounding the school. Alternately, commercial/retail uses are suggested for placement along heavily -traveled arterials, away from the interior of neighborhoods. Between the schools on the interior and the commercial uses on the arterials, it is suggested in planning practice to place residential uses, with single-family uses buffered from the schools on the interior and from the commercial on the arterials by multifamily uses. Apartments and other forms of multi- family uses provide not only the density to support the schools and areas of commerce, but their placement near schools provides a relatively high concentration of students easy access to the school, reducing traffic congestion and increasing pedestrian safety. The staff arranged for the dialogue of schools and apartments to begin with a discussion between eleven city and school officials. The purpose of this dialogue is to determine whether it is appropriate to locate multi -family uses (chiefly apartments) near schools. The first discussion was held on August 9, 2004. During this meeting, specific issues that had been expressed by the property owners during the rezoning process were talked about. The ten specific issues that were noted by the staff are: 1. Crime 2. Traffic 3. Pi oper-ty Values 4, Income Levels of Multi -family housing Residents 5. Loss of the Sense of Neighborhood in Nearby Subdivisions 6. Burden on School System 7. Screening 8. Fencing 9. Playground 10. Distance Between Apartments and School The issues were combined into general alternatives, and these alternatives are 1) Creating distance requirements in the zoning code to require a certain spacing between school buildings and apartment buildings, 2) Prohibiting the rezoning of land near schools for multi -family use, 3) Leaving the regulations as they currently stand, and 4) rewiring that apartments be developed within Planned Unit Developments (PUD's) so that specific restrictions could be placed upon them in a case by case basis. In order to be able to accurately evaluate these four alternatives, the staff first examined the ten specific concerns from which the four alternatives stemmed. I Discussions of apartments commonly include concerns that the development of apartments will result in an increase in the crime rate in their neighborhood that is higher than it would be if the neighborhood consisted solely of single-family uses. But much of that belief may be based on incorrect perceptions. People may tend to think of apartment properties as a single "house". But an apartment property with 250 units is more accurately defined as 250 houses. A resident may mentally record every police visit to an apartment development as happening at a single house, but to truly compare crime rates between apartments and single-family houses, the person would have to count each household in the apartment development as the equivalent of a separate single-family house. When we do that, we might find that crime rates between the different housing types are comparable. During the August 9h discussion, Police Chief Yancey reported that Owasso's records indicate no discernable correlation between apartments and crime rates in Owasso. Subsequent to this report, the staff researched the influence of multi -family housing upon crime rates from a national perspective. A recent study relating crime rates and apartments cited a 1996 analysis in Arizona that found that when police data are analyzed on a per -unit basis, apartments actually create less demand for police services than a comparable number of single family houses.' In Tempe, AZ a random sample of 1,000 calls for service showed that 21 percent came from apartments, while over 30 percent of Tempe's population lived in apartments in 1996. Similarly that same year, a random sample of 600 calls for service in Phoenix, AZ found that an apartment unit's demand for police services was 42 percent of the demand created by single-family houses, when the number of apartment households equaled the number of single-family households. The study found that some apartment residents choose to live in apartments because they feel more secure in apartments than in single-family housing; they perceive that because there are so many people coming and going that it is more difficult for criminals to act without being discovered. Some recent apartment developments have strengthened that perception by including built-in alarms and controlled access systems into their buildings. Based on the above information provided by the Owasso Police Department and researched by the staff, the staff finds that the presence of apartments is not a reason to expect an increase in a neighborhood's rate of crime. TRAFFIC -- An additional concern that is often raised when a property is considered for multi -family use is that a new apartment development will result in an unreasonable increase in traffic levels. 3 An example of the traffic concern can be recalled in the case of the rezoning around Smith Elementary School. At that time, the issue was addressed by explaining that any development located on the property considered for the multi -family zoning would have to include a street connection to East 96th Street North. The street connection would be made via the construction of a service road along the east side of the Owasso Expressway. If apartments were to develop on the subject property, the staff would require that the access into the site be from the north, not from the west or south — the directions leading toward the existing residential neighborhoods. The new access to the north might also decrease traffic commuting to the school, as some parents taking their children to the elementary school would likely choose to access the school from 96th Street instead of 86h Street, thereby lessening the volume of traffic on 123 rd East Avenue connecting the school to 86th Street. It might also be practical for some school bus routes to be adjusted to access 96th Street rather than 86t" Street. For a national perspective, the staff examined the 1999 American Housing Survey2, prepared by the U.S. Census Bureau. The report stated in part that apartments can help improve traffic congestion for two reasons. One reason for this finding listed by the survey is that apartment residents average one motor vehicle per household, while owner - occupied houses average two vehicles. Further, data from the Institute of Transportation Engineers indicates that apartment households generate 30 to 40 percent fewer vehicle trips than single-family units .3 Of course, since apartment developments result in a more densely arranged population than single-family developments, there could be more vehicle trips per acre with apartments, even though there are fewer vehicle trips per dwelling unit with apartments. Based on the local and national information described above, the staff finds that concerns about increased levels of traffic can been adequately addressed. There is a need to be able to study the impact that apartment developments have on traffic flows. If this need could be addressed early in the planning process, citizens and city officials alike could be better informed, and thereby use that information to make decisions that could transform an entire area of the community. Another concern presented by concerned owners of property in the vicinity of the property considered for multi -family zoning was that the development of apartments would lower their property values. It is reasonable to speculate that if not properly designed, apartments might detract from a neighborhood's value. Conversely, if a reasonable investment is made in the design of apartment developments, it is likely that a neighborhood's value would be enhanced. The Urban Land Institute reports that between 1987 and 1995, the average annual appreciation rate for single-family houses within 300 feet of an apartment building was 3.12 percent, compared to 3.19 percent for single-family houses not near an apartment property4. 4 The staff finds that, through environmental planning and exterior landscaping, apartments can be made fully compatible with surrounding single-family neighborhoods in Owasso, in a manner that does not threaten the neighborhoods' property values. Another concern that has been brought forward during the discussion of the relationship between apartments and schools is that apartment households have income levels less than that of single-family households. This concern stems from a belief that an increase in the number of lower -income households could lead to corresponding increases in poor test results in school and higher crime rates. The staff has not researched the relationship between income levels and test results or crime rates. However, there exists a variety of housing options among apartment choices. Some apartments offer housing opportunities to low-income households, while other apartments are too expensive for low-income households. On one hand, the Owasso Master Plan does recommend that the community should have as many types of housing options as possible. On the other hand, it may be less than desirable to locate low-income housing within established neighborhoods near existing elementary schools. Contributing factors to the feasibility of constructing low-income apartments could include landscaping requirements and architectural requirements, which may require investments too great for the development of low-income apartments. The staff finds that there may be some instances in Owasso where the location of low- income apartments might be inappropriate, while realizing that not all apartment developments offer housing opportunities to low-income households. First, the staff finds that with proper site planning, with proper attention to landscaping and architectural design, there is no reason why apartments should be separated physically from the neighborhood around them. Indeed, if multi -family housing can be designed to be compatible with existing neighborhoods, then apartments could become an indispensable enhancement to a neighborhood, To answer the second part of the concern, an issue more social in nature than physical, the staff researched the findings of the University of Chicago's National Opinion Research Center, who conducted a 10-year study of 8,958 respondents', some of whom resided in apartments and some of whom resided in single-family houses. The results of the study are reflected in the chart shown below. Apartment Residents m douse Owners 70.0% -.r— — —— 60.0% — _- ---_ 50.0%- 40.0% - ----— --- 1. � - 30.0%F LL, 20.0%�- 10.0%— 0.0 /o Percent Percent Who Percent Who Percent Interacting with Attend Church Identify with So What to Neighbors `sown Very Interested in Local Politics An immediate and personal form of community involvement could be considered to be socializing with one's neighbors, captured on the left side of the chart above. The data. suggests that apartment residents interact with their neighbors significantly more than do house owners. Religious institutions may be important focal points for social and charitable activities. The results of the study indicate that nearly half of all apartment residents attend religious services at least once a month, while slightly more than half of all house owners do so. The majority of apartment residents (60.3%) identify closely with their town or city of residence, and four percent more of house owners do the same. Two-thirds of apartment residents are found to be at least somewhat interested in local politics, about 5% less than the house owners, Based on the above data, the staff finds that there is insufficient evidence to believe that apartment residents would not contribute to their neighborhood and community. URIDEN OIL THE, SCHOOL SYSTEM --- Another observation commonly expressed by property owners is that new developments of apartments would unduly over -burden the local school system, in many cases perceived to already be overcrowded. I To analyze this concern, the staff again researched the 1999 American Housing Survey by the Census Dureau2, according to the AHS, single-family owners are significantly more likely to have school -age children than apartment renters. There are, on average, 64 school -age children for every 100 owner -occupied single-family houses, while there are 21 children for every 100 apartments. From the data, it appears that, on a unit -by -unit comparison, single-family houses are home to more school children than apartments. Nationally, 70 percent of school children live in owner -occupied housing (though this figure does include more housing types than just owner -occupied single-family houses). The staff finds that the data suggests that apartments do not place an added burden on school districts. In fact, the higher percentage of child -less households in apartment developments may actually help fund the school system by paying their developments' property taxes through their monthly rent. Another common concern of property owners during the rezoning process is about how a new development would be screened from adjacent property, a concern that stems from a need that adjacent land uses be compatible with each other. During the rezoning, the staff s typical response to this concern is that screening is a, facet of development that is reviewed during the site planning stage of development, not during the zoning stage of development. Landscaping always development's compatibility environment d surrounding land uses. Landscapingsoften the transition appearancebetween uses, and can also enhance the .o n of a development. would The staff finds that it be reasonable opment would be landscaped and adjacentf'during the land use #ning) part of the planning process,d earlier thanplanning part of the process,as is currently the case in Owasso. Simila i the benefits a detailed, couldreview of a specific development's design would provide for evaluating traffic and property value issues, such review prove invaluable to determine what screening would be necessary for a new development. FENCING — Fencing is a type of screening and visual separation different from traditional landscaping types of screening. Fencing can provide a measure of security for a development, and often makes a new development more acceptable for users of adjacent land. Fencing is almost always a primary issue for property owners who live adjacent to land being considered for development. Similarly to the staff s finding regarding landscaping screening above, the staff finds that it would be preferable to examine the fencing requirements for a multi -family 7 development during the land use part of the process, prior to the site planning part of the development process. 1&f7jFjjhj_PM Another concern that has been expressed in the past is that apartment residents located near schools would use the facilities at the schools, such as playgrounds, after hours when classes are not being held. The staff finds that it is reasonable to expect a school to be the focal point of a neighborhood, similarly to a park or perhaps a church. The outdoor areas of a school, such as soccer fields and playgrounds, could provide much -needed recreational resources for area residents, whether those residents happen to live in single-family houses or multi -family apartments. ., • sw► . - t► t .`'Alm Is► There appear to some possible apartments oStudents mightof the school could walk to school if the apartments were near the school, while they i take the bus to school if the apartmentsfarther levels around the school• •,• and s,.ernoon if a portion livedschool's students walking within distance. The level of safety to pedestrians increase(namely the students) might trafficand if the Another issue involving separation between schools and apartments is "how far is far enough?" It is very difficult to determine by what means one should determine how far apart to space apartments from schools. Additionally, does the municipal government have the right to require that these types of land uses be separated? Thus far, the staff has found no empirical evidence to indicate that the city has any legitimate authority to forward a regulation that mandates the separation of schools and multi -family uses. FOUR PLANNING ALTERNATIVES TO ADDRESS THE CONCERNS: As mentioned earlier in the memorandum, the ten concerns have been discussed and combined into general alternatives, and these alternatives are 1) Creating distance requirements in the zoning code to require a certain spacing between school buildings and apartment buildings, 2) Prohibiting the rezoning of land near schools for multi -family use, 3) Leaving the regulations as they currently stand, and 4) Requiring that apartments be developed within Planned Unit Developments (P 's) so that specific restrictions could be placed upon them in a case by case basis. The staff does recognize, with the research above, that several significant planning factors must be accounted for when considering whether to approve the development of apartments near schools. Many of the items, such as traffic, maintaining adjacent land values, compatibility with adjoining land uses, screening, and fencing should be considered individually, since all properties and their situations are unique. The one alternative that truly allows the city to review these concerns individually is the requirement that apartments be developed within Planned Unit Developments (PUD's). '11!1 lillillr� JJI'IJJiIIIqi111 PUD's are allowed by the Owasso zoning code to any type of development. By placing a development within a PUD, a developer may have some options that are not available by placing the property within a conventional zoning district. One of these options is the ability to have multiple land uses within the same development, while other options include relaxed bulk and area requirements and setback requirements. PUD's have advantages for the city, as well as the developer. When reviewing an application for a PUD, the Planning Commission has broad authority to recommend specific standards for screening, landscaping, access management (such as driveways), architectural features such as masonry facades, and other features that are specific to that certain site under review. By applying apartment developments to a requirement that they be located within a PUD, the city would be better able to evaluate site -specific concerns. In the case of the property near Smith Elementary that was the catalyst for this discussion, a PUD application would have allowed the Planning Commission and City Council to consider the effects that the project would have on traffic and on the existing development near the site. Currently, the city must wait until the project is proposed via a site plan to make such considerations. The staff recommends that the city and school officials involved in this discussion of the relationship between schools and apartments find that the most reasonable option to use in the effort to make apartment developments compatible with schools is to require that apartments be located within Planned Unit Developments. I 1. Elliot D. Pollack and Company. 1996. Economic and Fiscal Impact of Multi® Family Housing. Arizona: Arizona Multihousing Association. 2. National Mousing Survey, 1999. Washington D.C.: U.S. Census Bureau. 3. Data from the Institute of 'Transportation Engineers as reported by Niles Bolton Architect. 2002: Washington D.C. 4. The Case for Multifamily Housing. 1991. Washington D.C.: The Urban Land Institute. Study conducted between 1987 and 1995. 5. General Social ,Survey. 1996. Chicago: National ®pinion Research Center, the University of Chicago. 10 MEMORANDUM TO: RODNEY RAY CITY MANAGER FROM: ERIC WILES C-OMMUNITY DEVELOPMENT DIRE CTOR S U 13 1-1 E C-T ISSUES COMC-ERNING SCHOOLS AND MULTI -FAMILY ONING F EGULATIONS DATE: August 2, 2004 CURRX! N' ZONING R'EGULAIJONS FOR APARTMENTS: The Owasso Zoning Code currently provides for apartments to located on any property - zoned f(or multi family use, if that property lies adjacent to RS single-fanlily, RE estate, or RD duplex districts, then the apartments must be screened from those districts by a scrconi--',g wall or fence. EXTISTP14G SCHOOLS ADJACENT TO MUL'I'l-FAMILY ZONING DISTRICTS: dive schools withiii the Owasso Public School District are currently situated adjacent to multi- I Ily Z -nos, I-Iodson, Northeast., and Smith. fam -oiiing districts. These includeAtor, Bai ZON]__NG '1Z_ESTR1(_TI(k_)NS AROUND SCHOOLS: According, to Owasso's codes, there are two land uses that must exhibit spatial separation _according schools, Establishments that sell alcoholic beverages must be located at least 300' away from a school. Sexually oriented businesses must be located at least 1,000' away from a school. T RADITIONAL PLANNING RATIONALE irad4tionally, it is considered appropriate to locate schools within the iilterio of neighborhoods, as a focal point for those areas surrounding the school. AltemaAely, commercial/retail uses are suggested for placement along, heavily -traveled arterials, away from the interior of neighborhoods. Between the schools on the interior and the commercial uses oti the arterials, it is suggested in planning practice to place residential uses, with single-family uses buffered from the schools on the interior and from the commercial on the arterials by multi -family uses. Apartments and other forms of multi- family uses provide not only the density to support the schools and areas of commerce, but their placement near schools provides a relatively high concentration of students easy access to the school, reducing traffic congestion and increasing pedestrian safety. - >�1�< \ Z n1jil wal �( : ----------------- OBOA V CITY F 'T.It ` > OWASSO P.O. Box 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 ' FHO 11r,J1 F1NP6 BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL . �. ACTION REQUESTED pecial Exception — Section P 1 4 20- [Interpretation of Zoning Text Use Unit No. ElInterpretation of .Zoning Map ]Appeal from Building Inspector ®Appeal under the Provisions of Chapter 12, Section Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. w, r Please submit the completed application form and application fee of $50 along with Certified 300' Radiu — e o (available from an abstract company) and other supplemental documents to the t a er on or before the first day of the month in which the request is to be heard by the Board. This is a quasi-judicial proceeding. The applicant or applicant's agent must be resent at the hearing to receive approval. BOA MEETING DATE PRESENT USE SUBMITTAL. DATE ZONING DISTRICT FEE RECEIPT NUMBER I APPROVED DENIED Request for Special EXGeption. Zoning code Sections 420.1 and 420.26 prohibit the rental of rooms in a single- family residence to more than two persons who are not of the same family. Requested permissible use: Allow a three bedroom residence to be occupied by 3 developmentally disabled persons who are not related to each other. The proposed structure is a typical 3-bedroom home with 2-car garage. It is a full - brick, frame structure with composition roof. It's appearance is such that it will blend in with the other homes in the area. This is an attractive home that will add to the neighborhood, not detract from it. 2 The Owner: (see exhibit B) Home of Hope, of Vinita Oklahoma, is a non-profit 501 c3 organization dedicated to providing support and services to individuals with developmental disabilities by promoting choices, independence and a meaningful way of life, This residence will provide a high quality home for three persons who are developmentally disabled, but still capable of living independently. Oklahoma law establishes that homes such as this must be considered as a "permissible use" in a residential district. Please refer to the "Oklahoma Community Residential Living For Persons With Developmental Or Physical Disabilities Act" (60 0.& 860) excerpted below: Section 862(5) defines "group home" as a community based residential facility located in a single-family zoning area that admits not more than six persons with developmental or physical disabilities, (This home limits that number to three) Section 826(6) defines "permissible use" as a use by right which is authorized in all residential zoning districts. Section 863 provides that such a group home shall be treated as a "permitted use" in all residential zones or districts and includes all single-family residential districts of all political subdivisions of the state. Oklahoma law also prohibits discriminatory housing practices as described in Titl 25, Oklahoma Statutes, Section 1452. The prohibition applies to "any person, or any agent or any employee of such person" and is defined to include political subdivisions such as cities. For purposes of "handicap discrimination in housing" prohibited discrimination includes: A refusal to make reasonable accommodations in rules, policies, practice or services when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling, I 8" 5AN SEW ESS E G ESS ENH M.00, F-X ELE(' 01 METER 11' U/E EXISTING 8" SAN SEW Cable Pedes I c U-) El Et EX 9 1 PRIVACY T FENCE Lu u T\�.' 9 ,CIL (U-) 10 era 1* 100. 3 \Ex Telephone Pedestal 00.33 > C) ® wf �ENH PLAN 00 (3 EX 6! 0 / _� 0 FF EL 102. PRIVACY FENCE 06 XA 0 i at Si -1 100,33 1 OU3 25' BL 101 WATER .7. CONC DRIVE WATER 100 - 0 —T CONC WALK METER 590 00' 'W"E 68.. 0� 7� .77 E UJ EXISTING 6" WATER MAIN CONC APPROACH ANC 8" DIA CGNP WALK PER OWASSO STD5 E, 80 TH PL N, SITE PLAN: SITE ft� SCALE- I" = 20'-0" ADDRESS: 12201 E80th PL N, OWASSO LEGAL DESCRIPTION: LOT 1, BLK I DOUBLE OAKS 11, S29, T21N, RIIE, TULSA CO, OK WE Adf the Un(3( proh m II m HOME OF HOPE INC RESIDENCES -4 X ere I 5" Ul m IT-41 lz I brown & brown architecture 21 west 3rd 918.787.2461 (voice) dennis I brown-; architect ]tannins I brown: in hym,),5;T A r� e 2. 91 I __I ---------------------- 9---------------------------------------------------------- j FRONT ELEVATIOrl, "The strongest principle of growth lies in the human choice." ® George Eliot We support people in their own homes, in apartment settings, in group homes, and small ICF-NIR (Intermediate Care Facilities for the Mentally Retarded) Facilities. In discussing residential. services its important to know our values such as: @ We believe that families should stay in tact, whenever possible. e We believe that people grow by making decisions and learning to live with the consequences of 'their decisions. * We believe that, to the greatest extent possible, people should choose where and with whom they live. @ We believe in persons should strive to reach the limits of their personal independence. http://www.bomeofhope.com/resident,htm 1/3/2005 Brief descriptions of our residential supports: 1. "In Horne" supports d providing staffing and other supports to maintain persons in their natural homes. While the support is given in the home, staff also accompany individuals into the larger community, when indicated. 2. "Supported Living" supports- Apartment or Horne living. Generally 1 to 2 persons living in a home or apartment with support staff as needed. This type of service is only available to individual classmembers of the Hissom vs. Homeward Bound lawsuit. 3. "Group Home" supports- Congregate living for persons with a high degree of independence. This arrangement is appropriate for persons who can arrange their own transportation, prepare their own meals, complete their own. housekeeping tasks etc. 4. "ICF-TVIR" Facility support- Congregate living. At HOH there is one(1) 16 person facility and eleven (11) 6 bed facilities. Commonly, this type of care is thought of as appropriate for persons with lower degrees of independence. Persons in this type arrangement are experiencing skills like: meal preparation, personal laundry skills, etc . http://www.homeofhope.com/resident.htm 1 /3/2005 �J i� THIS INFRASTRUCTURE IMPROVEMENT AGREEMENT ("Agreement") is made and entered into effective as of January _, 2005 by and between OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust ("Authority") and TYANN DEVELOPMENT CO., INC., an Oklahoma corporation ("Tyann"). A. Tyann owns or will acquire ownership of the property consisting of approximately sixty-eight (68) acres and situated south of 96th Street North and east of U.S. Highway 169, in Owasso, Oklahoma ("Property") for the development of commercial retail shopping centers (collectively the "Project"), which property is more fully described and depicted on Exhibit A attached hereto. B. This Agreement is being entered into with the expectation that the new Project proposed to be undertaken (or being undertaken) by, or facilitated by, Tyann in Owasso, Oklahoma, will generate substantial new sales tax revenues for the City of Owasso (the "City"). C. The Project reasonably requires significant land dedications, street and intersection improvements and certain utility, storm sewer (including detention) and sanitary sewer improvements and that neither the City nor the Authority has sufficient current funds to pay the costs thereof at this time. D. Within and subject to the constraints of applicable State law, the City and the Authority have represented that in the event Tyann undertakes to effect and pay the costs of such street, intersection, utility, storm sewer (including detention) and sanitary sewer improvements, the Authority will cause Tyann to be reimbursed for that amount of such costs as are determined pursuant to Paragraph 3 hereof. E. The Authority's sources for funding such reimbursements will be either from its expected funding to be derived from sufficient annual appropriations or equivalent allocations by the City to the Authority of amounts, payable in quarterly installments, equal to one-half of one cent from all City sales taxes as arc collected from business operations located in (A) any of the "Development Area" described in Exhibit B bercto and (B) the Property. R F. The parties acknowledge that the City cannot obligate itself (i) to appropriate or otherwise allocate any existing or future City sales tax or other monies to the Authority in any future fiscal year other than on a 1 455671 v5 (01560.023) current fiscal year basis, or (ii) to commit to the Authority that it will facilitate any future bond issue of the Authority, the repayment of which is in whole or in part based on appropriations or allocations of any City sales taxes. G. The parties acknowledge that the City, within and subject to the constraints of applicable State law, has indicated its willingness to express its reasonable expectations and intentions of undertaking all such actions as may be reasonably necessary to accommodate and facilitate the Authority's performance of this Agreement as set forth above, and through its approval of this Agreement as an incurrence of indebtedness by a public trust of which it is sole beneficiary, and through a Resolution separately adopted concurrently herewith, the City has affirmed such willingness. H. Based on the foregoing, in connection with the Project, Tyann has agreed to construct or cause to be constructed certain public improvements relating to the City's utility, sanitary sewer, and roadway systems and facilities (the "Public Improvements"), all as more fully described later in this Agreement and the Authority has determined it would be most advantageous at this time for the Authority to reimburse Tyann for the reimbursable costs of the construction of said Public Improvements pursuant to the terms and conditions set forth below. I. In connection with the development of the Project, the parties desire to more specifically outline the scope, projected cost, time line and project engineering and coordination associated with construction of the Public Improvements. NOW, THEREFORE, in consideration of their respective covenants and conditions herein expressed, the Authority and Tyann agrec as follows: 1. Public Improvements. The Public Improvements are more particularly designated or described on the improvement plans for each portion of the Public Improvements set forth on Exhibit C attached hcrcto (the "Public Improvement Plans"). The Authority and the City have approved, or will approve, the Public Improvement Plans, and Tyann agrees to construct the Public Improvements as described in the Public Improvement Plans within the time frames set forth in the Public Improvement Plans. The initial cost estimate for the Public Improvemcnts is $1,083,842,00, as more specifically itemized on Schedule 1 attached hereto. Tyann, or its Contractor for said Public Improvements, will post a Performance Bond and a Statutory Bond, or other collateral satisfactory to the City, for said Public Improvements with the City prior to the start of construction. All design and construction undertaken by Tyann shall be consistent with all City codes and ordinances as well as any other regulations or plans relative to the Public Improvements. Tyann shall initially pay all 2 455671 v5 (01560,023) costs incurred for the design and construction of the Public Improvements. Tyann shall receive partial reimbursement for actual costs incurred for the Public Improvements as set forth below in Section 3. All Public Improvements shall be subject to the Authority's reasonable inspection and approval upon completion. Upon receipt of the reimbursement described in Section 3 below, Tyann shall cause to be prepared, executed and delivered any and all appropriate legal documentation, including, but not limited to, assignments, bills of sales, deeds, easements or grants, reasonably necessary to convey unto the Authority, or its assignee(s), all of Tyann's right, title and interest in and to the Public Improvements free and clear of any and all claims, demands, encumbrances, liens, or interests of others which do or might impair the title of the Authority, or its assignee(s), in and to the Public Improvements. The Authority agrees to accept the Public Improvements if constructed in full compliance with the Public Improvement Plans. Upon completion and acceptance of any public improvement to the satisfaction of the Authority, the Authority will recommend final acceptance by the City. It is understood that each portion of the Public Improvements described in Exhibit C may be completed at a different time. Each portion of the Public Improvements will be deemed accepted if not rejected in writing within forty-five (45) days of delivery by Tyann to the Authority of a notice of completion as to that portion of the Public Improvements. Upon acceptance of each portion of the Public Improvements by the Authority, but prior to acceptance by the City, Tyann or its contractor shall post a one (1) year maintenance bond for each portion of the Public Improvements (the "Maintenance Bonds"). After the respective maintenance bond periods, the Authority shall assume responsibility for maintenance of each portion of the Public Improvements, 2. IZaghts of Way, Utility Easements and Construction Easements. Tyann agrees to furnish the legal description for any necessary right of way and utility easements to the Authority. The Authority agrees that it will obtain, file and furnish the necessary right of way and utility easement dedications and temporary construction easements to allow Tyann to construct the Public Improvements. The City, by its aclmowledgement below, agrees that it shall cooperate with Tyann and the Authority to assist in completion of the Public Improvements in accordance with this Agreement. All costs and expenses, including acquisition costs, to obtain the above rights of way, utility easements and temporary construction easements shall be paid by the Authority. 3. Reimbursement of Costs for Public Improvements. The parties agree that the engineer's preliminary estimate of the total anticipated estimated costs of providing and developing all of the Public Improvements is $1,083,842.00, as is more fully set forth on Schedule 1. Such schedule represents the parties' good faith estimate of the projected costs associated with the construction of the Public Improvements. Tyann understands and agrees with the Authority that none of the costs to be reimbursed will include any administrative overhead expenses of Tyann. The expenses to be reimbursed are solely for 3 455671 v5 (01560.023) construction of the Public Improvements, and any required Performance Bonds, Statutory Bonds and Maintenance Bonds. Upon completion and acceptance of each portion of the Public Improvements as contemplated by this Agreement, Tyann shall provide certified (by an officer of Tyann) figures to the Authority of the actual costs of that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten (10) days written notice to Tyann, shall be authorized and allowed to audit and examine, at City Hall, City of Owasso, I I I N. Main, Owasso, Oklahoma, at reasonable times, any and all supportive documentation possessed by Tyann, its agents, officers, employees and/or independent contractors, reasonably necessary and related to the certified figures of the actual costs of that portion of the Public Improvements. Tyann shall be reimbursed for the cost of design, construction and bonding of the Public Improvements set forth on Schedule 1. Such reimbursement shall be payable in quarterly installments. Such quarterly installments shall be in an amount equal to one- half of one cent from all sales tax actually received by the City from sales generated and sales taxes collected from the "Development Area" and the "Project" during the immediately proceeding three (3) month period. Except as is otherwise provided hereinafter relating to reimbursement of incremental costs, the quarterly installments shall begin on a date (the "Initial Payment Date") which will be on the fifteenth day immediately following the date that sales tax in an amount of Three Hundred Thousand and No/100 Dollars ($300,000.00) has actually been received by the City from sales generated and sales taxes collected from the "Development Area" and the "Project". The quarterly installments shall continue until the full reimbursement amount has been paid to Tyann. In the event that the City and/or the Authority requests change orders to the Public Improvements which would increase the obligation of Tyann to install public improvements in excess of those described on Schedule 1, then the reimbursement amount described herein shall be increased by the net amount of change orders requested by the City or the Authority. It is understood that during the course of discussions between the parties hereto design and construction specifications and standards of the desired public improvement were modified, such modification resulting in an increase in the estimated costs for the design and construction of the "Public Improvements". The incremental costs associated with the application of the modified standards to the design and construction of the "Public Improvements" herein contemplated, shall, in accordance with the procedural requirements, be considered as reimbursable costs. The parties agree that the "incremental costs" as used herein are in the amount of $600,000.00. As relates to reimbursement for the incremental costs associated with the application of the modified Construction Standards to the design and construction of the "Public Improvements", as referred to above, such incremental costs, once determined, shall be reimbursed from expected funding to be derived from sufficient annual appropriations or equivalent allocations by the City to the Owasso Public Works Authority of amounts equal to one-half of one cent from all the City sales taxes as are actually collected and received by the City of Owasso, Oklahoma, from business operations located in any of the area included within the "Development Area" as defined within the terms of the 4 455671 v5 (01560.023) Development Agreement between the Owasso Public Works Authority and Home Depot U.S.A., Inc., dated the 23ra day of July, 2003. It is specifically understood that the reimbursement for the incremental costs referred to above shall not be subject to the threshold amount that is otherwise provided for above. 4. Remedies. In the event of any default in or breach of any terms or conditions of this Agreement by any party, or any successor, the defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and shall in any event, within thirty (30) days after receipt of notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party shall be entitled to all rights and remedies available at law or in equity, and may also institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. The parties, their successors and assigns, further agree that the other party shall have the right and power to institute and prosecute proceedings to enjoin the threatened or attempted violation of any clauses contained herein. 5. Miscellaneous. a. Inspection Tyann shall allow the Authority, or their authorized representatives, to access the Public Improvements to inspect the work at any time. b. Choice of Law. This agreement shall be taken and deemed to have been fully executed and made by the parties herein and governed by the laws of the State of Oklahoma. for all purposes and intents. C. Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing, and effective when signed by the authorized agents of the parties. d. Counted arts. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. e. Severability. In the event that any term or provision or this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect to the extent the remainder can be given effect without the invalid provision. 5 455671 v5 (01560.023) f. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns. g. Costs. In the event of a dispute relating to the matters set forth herein, the prevailing party shall be entitled to Reimbursements for all reasonable attorneys' fees and expenses incurred in connection therewith. h. Notices. Any notice, request or demand provided for in this Agreement shall be deemed to have been sent notice when the notice has been delivered by personal delivery, overnight mail or delivery service, facsimile or deposited in the United States mail, registered or certified, with postage thereon prepaid to the addresses as set forth below. Notice shall be deemed received upon the earlier of. (1) if personally delivered (whether by courier or overnight private mail or delivery services), the date of delivery; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if given by facsimile when sent. The parties' addresses are as follows: To the Authority: Owasso Public Works Authority l I l North Main Street Owasso, Oklahoma 74055 Fax No. 918.272.4996 To the City: City of Owasso 111 North Main Street Owasso, Oklahoma 74055 Attention: Rodney Ray, City Manager Fax No. 918.376.1599 Mr. Ronald D. Cates, City Attorney l I l N. Main Street Tulsa, OIL 74055 Fax No. 918.376.1599 To Tyann: Tyann Development Co., Inc. P.O.Box 397 Owasso, OIL 74055 Attn: Charles W. Helscel, President With a Copy to: Carpenter, Mason & McGowan 1.516 S. Boston. Tulsa, OIL 74119 Attn: Tom Mason 6 455671 %,5 (01560.023) i. Authority. This Agreement shall become a binding obligation upon execution by all parties hereto. The Authority warrants and represents that the individual executing this Agreement on behalf of the Authority has full authority to execute this Agreement and bind the Authority to the same. The Authority further warrants and represents that this Agreement is valid and enforceable under applicable law and the Authority's public trust documents, and that the Authority has taken all requisite action necessary to approve this Agreement. Tyann warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Tyann to the same. Tyann further warrants and represents that this Agreement is valid and enforceable under applicable law and Tyann's corporate documents, and that Tyann has taken all requisite action necessary to approve this Agreement. The City, by its acknowledgment below, warrants that the City Resolution(s) attached hereto as Exhibit D authorizing the construction of the Public Improvements and work and undertakings related thereto, including the execution of this Agreement, have all been duly authorized by proper and legal action taken by the City of Owasso, Oklahoma. j. Force Majeure. If an event of force majeure occurs, the time for performance of the obligations under this Agreement, other than the payment of sums due, shall be extended for the duration of the event of force majeure. An event of force majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental actions (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions, floods, strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure. IN WITNESS WHEREOF the parties have executed this instrument to be effective as of the day and year first above written. S' i � I i � t l �� 1 (Remainder of Page Intentionally Left Blank) 7 455671 v5 (01560.023) M"" WVMT_MIKMW� _ l��rr �Ilr:�7_�Iy:r:c��7�rt1 OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma Public Trust By:_ Name: Title: ACKNOWLEDGED AND .APPROVED as to form this day of December, 2004, by the City of Owasso, Oklahoma. By:_ Name: Title: 455671 v5 (01560.023) TYANN Development Co., Inc. An Oklahoma corporation By: Name: Title: 455671 v5 (01560.023) LEGAL DESCRIPTION THE TYANN PROPERTY 455671 v5 (01560.023) (City of Owasso, Oklahoma) 455671 v5 (01560.023) 455671 v5 (01560.023) PLUS COSTS OF PERFORMANCE, STATUTORY AND MAINTENANCE BONDS TO BE INCLUDED IN REIMBURSEMENTS 455671 v5 (01560.023) 455671 v4 (01560.023.11) f e m MANAGEMENT 3azivary 10, 2005 11; General Summary ® December marked the beginning of implementing the 2005 Business flan at Bailey Ranch. Each manager has been assigned specific responsibilities within the plan in order to create ownership and accountability. Action Plans are currently being developed and implemented to support each Business Plan strategy and to ensure projects are completed. Work also continued on reviewing the Capital Improvement needs of the facility to ensure Bailey Ranch can properly compete within the competitive set of properties in the upscale daily fee market. Although Bailey Ranch has been losing money there are some critical items and equipment necessary for a successful financial turnaround and to justify the pricing structure of Bailey Ranch. These items will be outlined and presented in January for consideration. The management staffing preliminary plan has been completed and work is currently underway to draft an organization chart plan. This chart will outline all management positions, duties and primary responsibilities. This plan will allow us to better maximize the management of Bailey Ranch. Once completed, the management staffing plan will be made available for your review. Improvement on service training has been slowed some due to winter staffing levels. However, with the upcoming management staffing plan we will begin additional training exercises with the managers to properly prepare them to raise the level of standards and accountability with their staff. P& L Overview - Rounds for December were up just slightly over 2003 (+10). However, revenue was up over the same period last year by almost $7,000 which represents a 17.5% increase. This was a result of improved sales in banquets and memberships. Year to date rounds remain up over 2003 by 657 rounds (+5.5%) Round T Dec. 04 Dec. 03 YTD 04(Jul--Nov STD 03 (Jul -Nov) Regular 682 672 8569 9316 Tournament 0 0 3820 2716 Total Rounds 682 672 12,689 12,032mm Cost of Sales m December Golf Shop Merchandise Cost of Sales were 120%, budgeted at '70% (result of increased discounting to eliminate aged items) and F&B was at 37% to a budget of 31.5% (off set by last months lower COS - a little higher this month also due to some waste from banquets and aged products. Course Maintenance m Golf Course Report by Tile L,ampton Completed evaluation and site visit with Trevor, Corey and Ken to finalize equipment needs and options . Trevor and I researched best options for cost effective used equipment but with good hours remaining to meet the properties needs. Most of the course equipment is from 1992 and is not allowing the team to properly prepare the course conditions to consistently deliver a good golf experience. A 3 year plan is being prepared with the most important and critical needs met the first year and so on. Improvements were recently completed to drainage around the backside of the Clubhouse along the cart path where water from rain and irrigation collected and made for a very poor first impression. Some final ground modifications are still pending but when done will be much improved. Additionally, the unattractive and aged scoreboard between the Clubhouse and Cart building has been removed and will be replaced with new screening materials. I am pleased with the improvements to date on the course. The greens are looking much improved and will continue to improve as Trevor learns the particulars of each green and how they react to weather conditions. In discussions with Ken it was agreed the greens will be a central focus of the marketing at Bailey Ranch. Marketing m Just a little fine tuning and a few modifications and the web site will be ready. Again, the new site is being developed to better sell Dailey Ranch and capture data. New site will be presented for approval in January. We have been working on the Bailey Ranch USP (Unique Selling Position) as shared in the Business Plan. We are developing a position around what is most important to a golfer, which is the greens. Bailey Ranch has very interesting and challenging green complexes and we want to take advantage of this feature in our marketing. The focus will be on delivering fast, smooth greens everyday. In discussions with Trevor, Corey and Tim L,ampton, we are all confident we can deliver on the selling position of having the "Best Greens of any Public Course in Tulsa County". No other course is making this claim and we feel we have the ability to deliver on this promise. This would offer us a terrific opportunity to position the property around a great statement and drive more rounds. A look ahead ® Over the next few months we will implement the new management plan, continue to put service standards in place, improve the daily presentation with emphasis on the details, finalize the course marketing position and begin e-mail marketing. Additionally, membership and event direct marketing will be also begin as we look to grow revenues in these important areas. These items will assist in the efforts to improve the net income. r M TO: HONORABLE AND COUNCIL CITY '` , F O FROM-, ♦:. ANCEY CHIEF OF POLICE DATE: January 11, 2005 On January 10, 2004 the Tulsa World Eastside requested the department provide crime statistics for 2003 and 2004. Evidently they are in the process of performing a comparison of cities in their coverage area (Catoosa, Collinsville and Owasso) in order to compare and identify trends among those cities. Normally it is the staffs intent and desire to provide a more in-depth review of this information prior to its release to the general public. However, due to time constraints, this was not possible. Every year the department tracks certain offenses (Type 1) required to be tracked by the FBI and Oklahoma State Bureau of Investigation according to the Uniform Crime Deporting Act. Those crimes include murder, rape, robbery, assaults, burglary, motor vehicle theft and larceny. In order to provide the Council with the necessary information so that an informed response can be made, a brief summary of 2003 and 2004 crime statistics, a comparison of those stats, and possible reasons for increases or decreases arc contained within this memorandum. CLIME AND CHANGE- ® In 2003 the department experienced one homicide compared to 2004 where no homicides were reported. w In 2003 and 2004, five (5) rapes were reported therefore this category remained unchanged. ® In 2003, five robberies were reported compared to the 7 reported in 2004, representing a 29 percent increase. In 2004, the department experienced an unusual rash of robberies, 6 of which occurred during a 10-day period. Subsequently the offender was arrested, clearing all but one robbery reported in 2004, ® In 2003, 40 felonious assaults were reported compared to the 56 reported in 2004, noting a 29 percent increase. In 2003, 98 breaking and entering/burglaries were reported to police compared to 122 in 2004, noting a 20 percent increase. ® In 2003, 46 motor vehicles were reported stolen. In comparison to 32 reported stolen in 2004, noting a 31 percent decrease. In 2003, 427 larceny/thefts were reported to the department as compared to 518 reported in 2004, representing a 10 percent increase. It should be noted that prior to 2004, gas drive offs were not tracked in type 1 crimes which account for approximately 40 thefts annually, therefore the actual reported thefts in 2003 would be 467 respectively. ADDITIONAL COMMENTS: Overall the department experienced an 8 percent increase in total crime from 2003, most notably in the area of theft and breaking and entering. Type 1 crimes showing a decrease in 2004 include homicide, motor vehicle theft and Type 1 crimes committed by juvcniles. ATTACHMENTS: 1. OSBI Report for 2003 2. OSBI Report for 2004 Offenses Offenses offvnvou Total Offenses By Arrest �� Police Department f ��VV��[) x ��/�(�� []��/��[]� Reported unfounded Actual C|aumd of Juveniles Report Year: 2003 1. CRIMINAL ��NA80 B- MANSLAUGHTER 2. FORCIBLE RAPE A,RAPE BYFORCE 5 1 4 B'ASSAULT TDRAPE-ATTEMPTS 3. ROBBERY A- GUN B-KNIFE (}RCUTTING INSTRUMENT C'OTHER DANGEROUS WEAPON O'STRONG ARK4-HANDS FISTS, FEET ETC 5 1 4 1 4. ASSAULT FELONIOUS A- GUN 7 1 8 1 B'KNIFE DRCUTTING INSTRUMENT 5 5 3 1 C'OTHER DANGEROUS WEAPON 18 18 7 2 D-HAND8 FISTS, FEET ETC -AGGRAVATED Q 0 1 5. BREAKING AND ENTERING A'FORCIBLE ENTRY 70 70 3 1 R-UNLAVVFULENTF|Y-NOFOFlCE 26 26 2 1 C-ATTEMPTEDFC>RC|BLEENTRY 2 2 B-TRUCKS AND BUSES 21 21 2 C- OTHER VEHICLES 4 4 KILLED BY FELONIOUS ACTS 0 ASSAULTED Oklahoma State Bureau of Investigation Offenses Offenses Offenses Total Offenses By Arrest Owasso Police Department Reported Unfounded Actual Cleared of Juveniles Report Year: 2004 NY. M'111 'PI, ", ,C KILLED BY FELONIOUS ACTS 0 ASSAULTED 17 KILLED BY ACCIDENTAL OR NEGLIGENT ACTS 0 State and National Associations Air Canciitioning Contractors Of America (ACCA) Plumbing Heating Cooling Contractors (PHCC) k Plumbing Contractors of Eastern 01daho€na (CO) National Elect.rical Contractors Association (NECA) Associated Building Contractors (ABC:) OklahomaState of License Requirements ®Ali Contractors, Journeyman, and Apprentices to Register with the Oklahoma's Construction Industries Board The mission of the Construction Industries Board' is to pratectlife and property by ficensing and hyspection f the rvh7ted trade- for the heafith, safety and welfare of the IjWiliz Oklahoma Construction Industries Board >"i he Beard is composed of eleven i embers appointed by the Governor with the advise and consent of the Senate. > For additional information regarding tgie Construction Industries Board, please visit heir web site at; www,health.state.ok.us/CIB/ History 1980's m State of Oklahoma adapted state licensing Goal. To establish standardized tasting and only one licensing agent tine Test + Cne Bend * ire License «Renewed Annually Oklahoma Construction -Industries Board's Char The Construction Industries Board regulates the plumbing, electrical, and mechanical trades and building and construction inspectors through the powers and duties set forth in the Oklahoma Construction Industries Beard Act and in the respective licensing acts f€ r such trades. Additional Requirements *Counties and Municipalities Require Registration `Contractors May Carry Over 30 County and Municipal Licenses. 1 +fry 2003, Oklahorna Legislature Passed * Birth -Date Renewal process increased Contractor Burden * Requires Monthly Renewals at the State, County, and Municipalities by Birth Month Imagine for a moment... West if yom were. mmIu ped to register youet- driers cerase wdlor hunthka,and fishing ficeiise /h every ui r1t and camity ify which- tt 4�Loss of productivity + Loss of revenue Known Facts +Municipalities experiencing budget short -falls 4-Cost: of doing business increasing 4-Contractors are also impacted State License *Insures s Qualified Craftsmanship * Insures Licensing and Bonding Licenses Snore to be Xnternet Accessible Via Construction Industries Board License resat be available all thrr s for surrender to city, county, or states officials is upon request +Registration is not tracking rnechanisrrr Industry Position f,Contractor burden is unnecessary ssary ff, Law is being discriminatorily applied 4�Licensed Construction Contractors are being singled out from° Lawyer c,��esr� � 1 Estate agents g=andr� Duct brokers CtcA'sksrcars r . Insurance agent and brokers Health Providers Other Contractors + Discontinue all city and county registration fees state-wide *Transfer fer registration revenue stream to permit fees +Pot n i l savings, Labor Costs Mailing Costs supply Costs Data Management Expenses ABClook fortmard to reaching a solution to benefit all parties. ACCK, Air Conditioning Conhotois of America Headland Chapter Green Country Ghapter Trrr pal w r br «tZtrcF ioE' �,7 cNh•2ce 6301 N. western, #120 - Oklahoma City, OK 73118 a 866/81E8-2711 A rat: 405/840-5730 September 28, 2004 Danny George Executive Director Oklahoma Municipal League RE: Municipal Licensing Dear Mr. George, I am writing to express concerns on behalf of Air Conditioning Contractors of America (ACCA), Plumbing Keating Cooling Contractors (PKCC), Plumbing Contractors of Eastern Oklahoma (PCEO), National Electrical Contractors Association (NECA) and Associated Building Contractors (AEC) in regards to the licensing of the electrical, plumbing and mechanical trades. We would like to review the licensing process with. the Oklahoma Municipal League in hopes of reaching a mutual resolve to benefit all parties concerned. Following defines our dilemma, position and possible solution; In 1988 the State of Oklahoma adopted state licensing; one state testing and one bond. All contractors were elated with the idea of one test, one bond and the idea of one license in lieu of individual city testing, bonding and licensing. Much to our surprise this helped in two areas, but created a burdensome situation. Contractors, journeymen and apprentices have to license at the state level and arc required to register in each municipality. When SB54 5 passed, it increased the burden of the contractor by ten fold. Due to the birth --month renewal process contractors are going through the renewal process every month, whereas before a contractor could renew one time per year with all of his journeymen and apprentices. The birth -month renewal has created a situation where it is extremely hard for busy contractors to keep track of his employees who need renewing each month; creating an increased risk of being fined for not renewing on time. Please keep in mind that many cities require registration to be done in person and this is a long process. UnTrul Il The trades feel these regulations are unfair and causing undue burden to the contractors. It is not a requirement for lawyers, doctors, real estate agents, brokers, insurance agents or other contractors to license in each municipality where they do business. Imagine having to register your driver's license in each municipality where you travel and the inconvenience and loss of time you would experience from having to do so. Having a state license insures that the persons are qualified and bonded. I was told by a city official that if we took away municipal registration he would not be able to keep track of the journeymen. In fact, that is an erroneous statement. Many journeymen change employment during the year and do not notify the city. All contractors and journeymen must have their state license on their person when approached by an official. This should be sufficient documentation as to his legal status. i We are asking for your support in abolishing the registration fees state-wide. We know that over the past several years' municipalities have had a difficult time with tax revenues, short falls and increased costs of doing business. We as contractors realize the rising costs of doing business and the effect our local economy has had on all businesses. Our recommendation is to move any lost revenues from the change over to the permit side. These costs for the contractor can easily be passed on to the customer as work is being performed. This will also decrease the municipalities' costs by reducing paperwork and labor costs. We look forward to meeting with you and reaching a solution to benefit all parties. Respectfully Submitted, Keith Beaver State ACCA President