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HomeMy WebLinkAbout1995.07.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 6, 1995 TIlVIE: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p. m, on Friday, June 30, 1995. Marcia Boutwell, Cit Clerk AGENDA 1. Call to Order 2. Invocation Officer Kenny Yount Owasso Police Department 3. Flag Salute 4. Roll Call i~ i~ 5. Reading of Mayor's Proclamation. Mayor Burns Owasso City Council July 6, 1995 Page 2 6. Recognition of Outstanding Employees. Mr Ray ~ 7. Request Approval of the Minutes of June 20, 1995 Regular Meeting. Attachment #7 8. Request Approval of Claims. Attachment #8 '~ 9. Consideration and Appropriate Action Relating to OZ-95-O5, a Request to Rezone a 356 ~ Acre Tract of Land from AG (Agriculture) to CS (Commercial Shopping Center), OL (Office Light), RD (Residential Duplex), RS-3 (Residential Single-Family High Density), RS-2 (Residential Single-Family Medium Density), and RE (Residential Estates), Such Property Located East of North 129th East Avenue, South of East 86th Street North, West .~ of North 145th East Avenue, and North of East 76th Street North. Mr Rooney Attachment #9 The petitioner (Kaiser-Francis Oil Co) has requested a hearing by the City Council on a , zoning request rejected by the Planning Commission at their June 13, 1995 meeting. Items of controversy in the original application have been amended in this request. i~ i~ i~ Owasso City Council July 6, 1995 Page 3 10. Consideration and Appropriate Action Relating to a Request for Renewal of the "Recreation Facilities Project Agreement" Between the City of Owasso and the Owasso Public Golf Authority. Mr Ray Attachment #10 The staff will recommend Council approval of a renewal of the Recreational Facilities Agreement. 11. Consideration and Appropriate Action Relating to a Residential Traffic Control Policy. Mr Rooney Attachment #11 Staff will recommend Council adoption of a policy wherein a procedure is established for for the placement of residential traffic control signs. i ~ 12. Consideration and Appropriate Action Relating to a Request to Extend Beyond June 30, ~ 1995 the Terms and Conditions of the 1994-95 Labor Contract Between the City of Owasso and the IAFF Local #2789. Mr Ray Attachment #12 The staff will recommend Council approval of a request to extend the 1994-95 contract with the IAFF until such time as a replacement agreement can be reached and adopted. 1 Owasso City Council July 6, 1995 Page 4 ~. 13. Consideration and Appropriate Action Relating to an Agreement Between the City of Owasso and the Oklahoma District Court, Judicial District #14. Mr Ray ~ _ Mr Cates Attachment #13 ~ The staff will recommend Council approval of an agreement to continue a program wherein the City assumes jurisdiction of certain specified juvenile offenders. 14. Consideration and Appropriate Action Relating to a Contract Between the City of Owasso and a "Third Party Administrator" for the City's Workers Compensation Self-Insurance Fund. Ms Rogers Attachment #14 The staff has solicited quotations for the services of a third party administrator to assist in '~ the management of the city's self-insurance workers compensation program and will ~ recommend Council award of a contract to Berkley Administrators in the amount of $10,250 to provide services as specified. 15. Consideration and Appropriate Action Relating to a Request for City Council Approval of *~ a Contract for Police Uniform Cleaning Services. Chief Alexander Attachment #15 Staff will recommend Council approval of an eleven month contract with Icky's Three Lakes Laundry & Dry Cleaning, Owasso, OK, in the amount of $13,613.50 the purpose of '" providing uniform cleaning services to the Owasso Police Department. i~ ii ii Marci Boutwell, City erk ADDENDUM TO AGENDA NOTICE OF PUBLIC MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 6, 1995 TIME: 7:00 p. m. PLACE: Owasso Council Chambers, Community Center Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 8:00 a.m. on Monday, July 3, 1995. All other matters set forth on the agenda filed on June 30, 1995 shall remain the same. The following is submitted for addendum thereof. 16. Consideration and Appropriate Action Relating to a Request for the Expenditure of Funds for Constructing Street Improvements. Mr Ray ~' The staff will recommend Council approval of the expenditure of $6900 to various ~ vendors for the purpose of constructing the first of several street improvements funded by the 1995-96 Capital Improvements Plan. Such improvement located at Dogwood and 19th St. ' 17. Report from City Manager 18. Report from City Attorney Owasso City Council July 6, 1995 Page 2 19. Reports from City Councilors 20. Unfinished Business 21. New Business 22. Adjournment Owasso City Council July 6, 1995 Page 5 16. Report from City Manager 20. New Business 21. Adjournment ' OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING ' Tuesday, June 20, 1995 The Owasso City Council met in regular session on Tuesday, June 20, 1995 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda «~ posted on the City Hall bulletin board at 4:00 p. m. on Friday, June 16, 1995. ITEM 1: CALL TO ORDER Mayor Burris called the meeting to order at 7:02 p. m. ITEM 2: INVOCATION The invocation was given by Pastor David Froese of the Westport Mennonite Brethren Church. ITEM 3: FLAG SALUTE Mayor Burris led in the flag salute. ITEM 4: ROLL CALL PRESENT ABSENT Charles Burns, Mayor Danny Ewing, Vice Mayor Joe Ramey, Councilor Mary Lou Barnhouse, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT OF A QUALIFIED ELECTOR AS A COUNCILMEMBER FOR WARD 5. ' One June 6, 1995, the Council declared the Ward 5 seat vacant after the elected Councilor was unable to take the oath of office within the required time. A Notice of Vacancy was printed in The Owasso Reporter containing all the information required to submit a letter of interest for j°~ the seat. Four letters of interest were received, however upon checking addresses it was discovered that two of the persons submitting letters do not reside in Ward 5. The persons who may be considered for the seat are Michael Anderson and Michael Helm. Council members _ „ discussed the options available. Ms Barnhouse said she felt the Council should schedule a Owasso City Council June 20, 1995 special election to fill the vacancy, thus placing the matter back in the hands of the people. She also said other issues of importance could be placed on the same ballot, such as a motel tax and a bond issue to complete work at the Sports Park. One citizen also stated that she felt a special election was the best idea. Following discussion, Mr Ramey nominated Michael Helm to the vacant Ward 5 seat. Nomination seconded by Mr Ewing. AYE: Ramey, Ewing, Burris NAY: Barnhouse Motion carried 3-1. ITEM 8: ADMINISTRATION OF OATH OF OFFICE TO WARD 5 COUNCILMEMBER. City Clerk Marcia Boutwell administered the Oath of Office to Mr Helm and he was immediately seated at the Council bench. ITEM 5: READING OF MAYOR'S PROCLAMATION. Mayor Burns invited Mr Ted VanCuren to join him at the front of the room and read a proclamation honoring Mr VanCuren for his many years of service to the community as a teacher and administrator in the Owasso Public School System. Mr VanCuren made a brief response. ITEM 6: RECOGNITION OF OUTSTANDING EMPLOYEES. Mayor Bums presented certificates to the following public works employees recognizing their efforts to prevent residential flooding on the night of May 7th: Roger Heath, Monroe Combs, Darryl McCormack, Jason Quinton, Mike Robertson, and Cris King. The employees responded to a citizen report of a possible flooding problem on North Birch Street caused by heavy rains. The rain had "washed" debris from a wooded area and prevented a drainage structure from carrying the stormwater. The problem was so severe that the employees were required to complete the project in a heavy rain while working in a rapidly flowing stream in high water. Residents of the area were on hand to witness the work and complimented the effort. The success of the work was evident by the lack of a problem during the remaining downpour. At this time Mayor Burris asked for a motion to recess the meeting to the OPWA meeting. Ms Barnhouse moved, seconded by Mr Ewing, to recess to the OPWA meeting and to reconvene the City Council meeting at the conclusion of the OPWA meeting. 2 t Owasso City Council June 20, 1995 AYE: Barnhouse, Ewing, Ramey, Helm, Burns NAY: None Motion carried 5-0 and the meeting was recessed at 7:25 p.m.and reconvened at 8:10 p.m. ITEM 9: REQUEST APPROVAL OF THE MINUTES OF JUNE 6, 1995 REGULAR MEETING AND JUNE 13, 1995 SPECIAL MEETING. ^ Ms Barnhouse moved, seconded by Mayor Burns, to approve the minutes as submitted, by reference made a part hereto. AYE: Barnhouse, Burns, Ramey, Helm, Ewing NAY: None Motion carried 5-0. ' ITEM 10: REQUEST APPROVAL OF THE CLAIMS. Mr Ramey moved, seconded by Ms Barnhouse, that the following claims be approved: ' (1) General Fund $36,555.47; (2) Workers Comp Self-Insurance $336.40; (3) Ambulance Service Fund $2,572.38; (4) City Garage $1,319.75; (5) Capital Improvements $888.37; ' (6) Interfund Transfers $6,721.27; (7) General Fund Payroll $108,942.85; (8) City Garage Payroll $1, 967.06. ~ AYE: Ramey, Barnhouse, Helm, Ewing, Burns NAY: None Motion carried 5-0. ITEM 11: RE UEST TO ADDRESS THE COUNCIL REGARDING RUNOFF WATER. ~ Mr Jim Downey addressed the Council regarding flooding on his property caused by runoff and requested the Council's assistance in solving the problem. Mr Downey referred to a letter he ' received in November stating that work would begin in 40-45 days to clear the creek. Mr Downey said that he didn't think the city had upheld what was agreed to. Mr Ray responded that the city has completed a survey of the area, prepared the required easements, and adopted ~ the necessary interlocal agreements. Tulsa County has not yet approved the interlocal agreements and has not provided the equipment and manpower as promised. Mr Ray said that he would go to the County Commission and make an appeal on behalf of the Downeys. Mayor Burris declared a recess at 8:35 p.m. and reconvened at 8:45 p.m. 3 Owasso City Council June 20, 1995 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION 95-04, A RESOLUTION ADOPTING A FY 1995-96 BUDGET FOR ALL FUNDS ADMINISTERED BY THE CITY. Resolution #95-04 adopts the FY95-96 budget for all funds administered by the City of Owasso. Mr Ewing moved, seconded by Ms Barnhouse, to approve Resolution #95-04. AYE: Ewing, Barnhouse, Ramey, Helm, Burris NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF MEMBERS TO VARIOUS BOARDS. TRUSTS. COMMISSIONS AND COMMITTEES Mayor Burris read the following list of appointments: PLANNING COMMISSION Mr Charles Willey (reappointment) 2401 N Birch Term Ending 6/30/98 Mr Dewey Brown (reappointment) 10804E 99th St N Term Ending 6/30/98 BOARD OF ADJUSTMENT Mr Gale Whitaker (reappointment) 7413 N 122nd E Ave Term Ending 6/30/98 Mr Wayne Vines (reappointment) 7808 N 131st E Ave Term Ending 6/30/98 PERSONNEL BOARD Mr Michael Anderson (replacing Carver) 12710E 77th Pl N Term Ending 6/30/98 4 Owasso City Council OWASSO ECONOMIC DEVELOPMENT AUTHORITY Ms Brenda Lawrence (reappointment) 7702 Owasso Expy Term Ending 6/30/2000 Mr Charles Burns (Council Representative) 12005E 87th Pl N Term Ending 6/30/96 Mr Gary Akin (Chamber Representative) 315 S Cedar Term Ending 6/30/96 CAPITAL IMPROVEMENTS COMMITTEE Mr Doug Groves (replacing Munn) PO Box 180 Term Ending 6/30/96 June 20, 1995 All other committee members to be reappointed, with terms ending 6/30/96 ANNEXATION COMMITTEE Mr Charles Burris (replacing Duke) City Council Term Ending 6/30/96 Mr Doug Groves (replacing Munn) Engineering Staff Term Ending 6/30/96 All other committee members to be reappointed, with terms ending 6/30/96 REGIONAL METROPOLITAN UTILITY AUTHORITY Ms Sherry Bishop City Treasurer Term Ending 6/30/96 Mr Robert Carr Public Works Director Term Ending 6/30/96 5 Owasso City Council TRANSPORTATION POLICY COMMITTEE Mr Charles Burris City Council Term Ending 6/30/96 Mr Robert Carr, Alternate Public Works Director TRANSPORTATION TECHNICAL COMMITTEE Mr Doug Groves (replacing Munn) Engineering Staff Term Ending 6/30/96 Mr Ramey moved, seconded by Mr Ewing, to confirm the Mayor's appointments. AYE: Ramey, Ewing, Barnhouse, Helm, Burns NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING To A WORKERS COMPENSATION CLAIM AGAINST THE CITY OF OWASSO BY MIKE HOLCOMB. This item was withdrawn at the request of staff. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #507, AN ORDINANCE PROVIDING FOR THE SET ASIDE OF COURT FINE REVENUE SPECIFICALLY FOR POLICE DEPARTMENT TRAINING AND EQUIPMENT ACQUISITION, SUCH SET-ASIDE RESTRICTED TO A MAXIMUM OF FIVE DOLLARS PER CONVICTION OF EACH MUNICIPAL OFFENSE TRIED IN MUNICIPAL COURT. Mr Cates presented the proposed ordinance, which would allow $5.00 from every fine levied per conviction for violation of the municipal code of ordinances to be earmarked and designated for use in the training of police department personnel, as well as the purchase of police department equipment. There were no questions or comments from the Council or citizens. A public hearing was held on June 13, 1995, with no questions or comments being presented. Mr Ewing moved, seconded by Mayor Burris, to approve Ordinance #507. June 20, 1995 6 Owasso City Council June 20, 1995 AYE: Ewing, Burris, Ramey, Barnhouse, Helm NAY: None Motion carried 5-0. ' ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #95-05, A RESOLUTION ESTABLISHING RATES FOR ~ THE COLLECTION AND DISPOSAL OF REFUSE FROM COMMERCIAL ESTABLISHMENTS AND APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY WHEREIN RATES FOR COMMERCIAL REFUSE WERE INCREASED. Mr Cates presented the resolution, which increases the rates charged for the collection and disposal of refuse from commercial establishments and approves action taken by the OPWA to increase commercial refuse rates. Mr Ramey moved, seconded by Mr Helm, to approve Resolution #95-05, increasing the rates charged for commercial refuse. ^ ~ AYE: Ramey, Helm, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #95-06, A RESOLUTION ESTABLISHING RATES FOR ' THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND COMMERCIAL WASTE THAT UTILIZES POLYCARTS FOR COLLECTION, AND APPROVING ACTION TAKEN BY THE OWASSO ' PUBLIC WORKS AUTHORITY WHEREIN RATES FOR RESIDENTIAL REFUSE AND COMMERCIAL POLYCARTS WERE INCREASED. ' Mr Cates presented the resolution, which increases the rates charged for the collection and disposal of refuse from polycart customers and approves action taken by the OPWA to increase polycart refuse rates. Mayor Burris moved, seconded by Mr Ramey, to approve Resolution ~ x#95-06, increasing the rates charged to residential refuse and commercial polycart customers. AYE: Burns, Ramey Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. 7 Owasso City Council June 20, 1995 ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR SPORTS PARK LIGHTING (COMPLETION OF THE SOFTBALL FOUR-PLEX BETWEEN THE CITY OF OWASSO AND SHAWNEE LIGHTING SYSTEMS INC AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO THE CONTRACTOR. On February 21, 1995, the city entered into a contract with Shawnee Lighting Systems for the completion of the softball four-plex lighting at the Sports Park. Mr Groves said that the project is now completed, has been inspected, and meets all the specified criteria. Mr Ramey moved, seconded by Mayor Burris, to accept the Owasso Sports Park Phase II Lighting Project, release any retainage, and authorize final payment in the amount of $9611 to Shawnee Lighting Systems. AYE: Ramey, Burns, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF AN AMENDMENT TO THE PLAT OF CENTRAL PARK. AN ADDITION TO THE CITY OF OWASSO TULSA COUNTY. OKLAHOMA. The City of Owasso has received a request to amend the Central Park addition plat, changing the minimum rear yard setback from 25' to 20'. The setback is not shown on the plat, but is contained in the restrictive covenants and the plat must be amended for the change to be made. Mr Rooney said the Planning Commission reviewed the plat amendment at their June 13, 1995 meeting and recommended approval of the request. Mr Ramey moved, seconded by Mayor Burris, to approve the plat amendment to Central Park, changing the required rear yard setback from 25' to 20'. AYE: Ramey, Burns, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. Owasso City Council June 20, 1995 1 ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ' ORDINANCE #509, AN ORDINANCE PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 15.83 ACRES LOCATED WEST OF EL RIO VISTA ADDITION AND NORTH OF BAILEY RANCH ' GOLF COURSE ON EAST 96TH STREET NORTH, CONTAINING BAILEY ELEMENTARY SCHOOL. ' Mr Rooney presented Ordinance #509, which approves an annexation request of approximately 15.83 acres containing Bailey Elementary School and the area surrounding the school. The Annexation Committee and Planning Commission have both heard the request and recommend ' approval, with the recommendation that a letter be sent to the Owasso School Board from the Planning Commission discussing the acceleration/deceleration requirements of the City, and stating that all future annexation requests will be reviewed for this requirement, regardless of whether or not they are already developed. Mayor Burris moved, seconded by Ms Barnhouse, to approve Ordinance #509 annexing the Bailey Elementary School and surrounding area. ' AYE: Burns, Barnhouse, Helm, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING A REQUEST FOR AN AMENDMENT TO THE FY 1994-95 REVENUE BOND FUND BUDGET. Ms Bishop presented this item. An anticipated grant for a portion of the funding of the 76th and Main Street intersection project was not received. The budget for this project must be increased by $5572 for a total project budget of $137,403. Funds are available in the Revenue Bond Project Fund to supplement this budget. The interest earned on the OPWA Project Account at the trustee bank is transferred from OPWA to the Revenue Bond Project Fund. Actual revenue in the fund is now $3400 in excess of the amount budgeted. Mayor Bums moved, seconded by Mr Ramey, to approve a supplemental appropriation of $5572 to the Revenue Bond Project Fund expenditures for the 76th and Main Intersection Project with funds available from the existing fund balance and an increase in revenues of $3400. AYE: Bums, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. 9 Owasso City ,Council ITEM 22: REPORT FROM CITY MANAGER No report. ITEM 23: REPORT FROM CITY ATTORNEY No report. ITEM 24: REPORTS FROM CITY COUNCILORS None. ITEM 25: UNFINISHED BUSINESS None. ITEM 26: NEW BUSINESS None. ITEM 27: ADJOURNMENT Mr Ramey moved, seconded by Mr Ewing to adjourn. AYE: Ramey, Ewing, Barnhouse, Helm, Burns NAY: None Motion carried 5-0 and the meeting was adjourned at 9:15 p.m. June 20, 1995 Charles L Burris, Mayor Marcia Boutwell, City Clerk 10 .. -',•,_ h ~ .~, r[ ; n c : n . - t : ~ =i r.. f ` , _ _, ~, ~ _' ~n ~ ~; _' y, L• T `r ~ A. j . L' . Pf_? ~ 'vF'~IL}C?? 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T.*;: rTlFPT.IE'= ~ ~. ~1 . 95.'-"*47 jtjT~.it u!~?OTT TTTR~: ~IIPP ~ L., f; T C /I: f• } T rNFI~T A~,~, r,FEJ' ~•0,~,?01. , ?54,t7~1 '~.,F?s;?~ p~,FLr'~' ~._->>.T;:T~(FP~T prnA7pr;;1.,AI'dt? hfOIJE'R 54.5=i °5'?4QCi T[!F!~F'r `=~Efi?'T!`F r~!~ FOITIPI-1F~TT ~Fg~TT q$r~r~ I7E,'~.FTh1E~1T TOTAL. = _ _ - - ------~94.F,~ GF'~tETERY Q`?~~,4 pTTpT !={??d, r~Tra'r 4., 45,(;f~ ~..... .:~i?.=, F R ' - ^' 44 r`Fp,i~'T!'-'~`1tiT`" TnTi?L -___ .,Q _ 4•G ~'r1LT~:fi '='rRTJt~~,~ri i.~ uC ?5fi.ir+a ,~r ^4 it ,?c ~._ S.t ... ~ 4- :TTY QF ~ll~?d~SC! :~. ''P i.: T.: ~:TF1C• F`~T-'rtPT yPHC, :~~ ~'~(_, t,: r P^ # ---------- .'F;•?'~('R ------------------------- ~'iEtif'~2TPT 7ilAT ------------------------- - Af~Af1tT~T ------------ 9~~?~~ x,T.MPALZ.: AEE HAPT?[d.A.RE St1PPLIFs SE.77 ,5?3?~ !T.P. H!`?~A*~ T11^iTRA.HCE t~QTARY BC11~ES 150.0(? '~5?'~^,9 PATPC~T. T~'['HRZ~:tL.??G'r E~?iFIPh1ENTILAtal~1~1? '~?4.5fa ~c~7~r,n _ r.e r_ F ~ ._~r:t~} _ t;~tT,~, EflPY PAPFF? 4T,9 ~G;~?~.? FArt~F t.:;I_.t?fi ~tTPPLIES ~1 ,?P a~:?^T~~, T,At'? PTt='(1P~:Fr1F1dT E~atIIP s=~ E~I.;TPh1EP~T ~1.`t~ 95?~;:ty GTAI..-HAFT c?iPPLIE~ ao ~~ ~.~ ~_i .... ~,! r e ~ . e ~ ~_:,_.~ ~ ?. c_ A ACTTt'S,~ Z?z.,rnZTtT L~RaIi3Ar,E Pt,ttMPI1Z4i REPAIP S.j.nrp 9`?451 REA~tIi?'.=; PR?~:F. R?TE FT?PPLiE~~~FTZ_tyt PRt~~'EceT1~?t=~ 1(1~?.54 g5?4~d iT.~_, TFT_1=.rP;~~;j=, T11~, ~!9~ tTt.,F ~ t 4.5 9`?454 TRE.~'.=tTREP FETTY C:ASF~ REThtR PETTY CAP~i 10.C~ 95?50 + ,I~?tii~ F Put?E RAZ)AR REPAIRS ~~ . ter, 9`?50` AMER i CA11 PAtST1dr~, I11C, PATER RENT ",1 g5?~Ct? ~'.1~,~. PARTq•IuTC~kILIZFR :? ,~.+.~ ~:'EPART~,E1gT T{;TR,?. ____• ~ "'?.F:(t tr,T.Tt.:.., t:.:rfhTh'TT~?+:ATT!~17'=; ------------------------------ nc :, =n ~.F:-:,ti~ Ierc' ~TTr.,c~:,r~FPTTC;,.-T~h'Fi31fAL~ 1,".C1f~ q~~~?7F TTIREE L~.NE.`: Z,t'.t?11?~R°r PRISt_1NER Z..At.Tt~;:RY ?7,rt:] ~)F_.PAr+.T"'fF1aTT T~Tk,j, ____% 1~+4~Cts't 1 1 1 ------------------------------ ~~? ^il=. ~A,RTS FT,TTF PA.pT^ ~. f1? _ r ;' 45?ftT6 KAN-i'~{ EG'tTTPMFI?T-Ailalq= '? qc~ a~ q .. ._ , .. ~5??L,T f7t'?A~,~tl Z.tTt~TPEZ? (';r3 ~tiPPL ?rS ?%.%,? g~?~?qf; AF;,T.ARI.:fi TTRr R11i? d,TTT!_} REPAIR ~C1T.Tr~rt ?T ?4C;,!7ft ,~~~•~~" t.1AL-1dA>?T PART-,:RFPA%RS a1~_Q-~ Qc?:~{'~ T_F.F!F?9 TFT.F!"~;:T TET..FpT~(INF_,~ ?~:q,p0 ~~??~,-:1 CPnc'a EsTtuT_Tlu,;a.MF PARTS =??,n q==,?~,;1 ???*r]FiAi,T A4F ?~ARnT~I~t,~c'E _,TT=e MAI?'T STFPPI 9.r`,;~.^F~ ~'S~•'?;"? k?A.T.-h?f~T-*.'T T priTPf' ~TTPPt,I>=°- 11.4,46 c'S''tTC:? ^it?~}t+7F'~! FTFiF t'i7TT?Ph1T=P?T P A.F?T~ i.4f?.,(t:~ 65?~~~ ~~ ?,'~'p'~~~T7Ar v + I..t3AT Pit v~' .9 (:.RS 45:14'~~ T•)P~cr,t~J p^ ~'FFT.AT"F iEA1SO s^ zrt a~~4~i,~~ TIJTTT>%T:T_:`t t:nTr~~ Tx1;' ~FFt,Af_~, er.T _ _ T P "~ _ ~ -` t't ~,r.-x ~.~~ FAA?S..Ejj ~fS:iTT~i }rf£Frm r1.A ~j T'- 1' `' ~i~ ~~!Cr 7 ~~r r i FFTT. _[1 T4''T. { r;P~T1! ~T1~7.~'. ,•Y=' ft i! . - 95?~+'-,;=, TAT=p,c?TF~r Prz^TV 'R~T-1 ~?!rtF PETT'k' t'C,'-;~? ,...~.. 9~?.~-~•'~ ~~?l PTTn ,;,TP FTT,T~F ^.'(' ATP FIT_,TFP^ _o^ ~- _,,, -, c.7c.,~ pd'r T_Ftr ?=i'~iT?D.. } '' r att,~ ~A~i?,?FT=` ~. t~tl,(i (7 ~~^^ ~q q f;F uE PA+r(. e ~ r~/rr~a+n j''~r ,!J~~t~'~C a{t ~~~-~a+l i'. ~7P i_.t ./4?I~i.~4 ~+,'rr, F`fl"'~ri! A.PAPV;. PAr;E pC # VEtIDtIR. DESCRIPTTpH A?~i~tlrlT ---------- ------------------------- ------------------------- ------------- STREETS ------------------------------ P`D~?" PS;~ 4`?~.~'~ RAtH=nta Gir'~~CRETF CCU 45'1.SE SCttTT t~F~rE~:EK 4~?tPr SCOTT ilEl'1ECEH ?'~ ~? SAM' fi CLttP 45?4t19 GRAtttC~ERzW k tHr. 45?43? EP~IL.Otn' E'ORL7 TRACTOR, Itlr 95?~~l ~, TtILSA COtTT?TY ROr..r 9J?4~S TREAS??REP PETTY GASH 95?4G8 TREAS?IRER PETTY CASH 9`?458 TR'rA`=i1RFR PETTY CASH 4`X4`8 TRE.AStIRER UETT~' CASH g5?~9~ H'OCt~ MATERT!?.L~; ~rEPARTt'tEt'r'T T~?TA1_, ------------------------------ ~a~.k.~.~. .3 4~'???~S Ti1LSA 1~AT1~TFp{A,?.SCE FL~}[ty cTRIP°ER i IP?EP ?5~..!~~i 4c?°?h5 TrtMPALI. AC:E H.AR>}>sIARF MAtATT St1PPLTES t 1 4 „? 4`?~b9 KttpE~ALL AGE` HARitI~ARE M~?tHT ^iIF-'PLIFfi 1 ^^ =,~~ 4~'?4^Ct i~AL-MAkT MAt?IT StIPPF_TE'=; 4Ct,~c, LtEFA}?ThtE!~?T TGTAL. ____. =n~.~;? ~~ 1 rtt=i t r;r PCtO:~ ------------------------------ 4`?•~~" SAM'S f;T,il$ e;!gr~iT cilPPr tE~ LS''4?t'1 "OP.At.: P;?OI.:'= ~:F-*rhiTGAI..c 45?~`,`~ `PAY°AR ELEC PAPT~ 4~?~,~E ORAYFA,R fii_.FC EL.r;nn L.trl?T^-, r,EF,~,RT^dP',;^' T?lTr.r PuR~` 1{A.T~:.~mrPfAirTC ------------------------------ =~c,Go `~~_~~i o tl ry °1 .- '?c~.l :j~~ %tP't T,~~~ i::n~'P. Tr~1'=`r,`r•,'I=t crRjT :t=~~...`~AI S~_-C3 '"r ~'~~~~']•l 1. ~„~.'k'~: ~iT~"yTr ~¢' t"t['i:;~Fvti/~'~, ~'~ C7' nil-fyn -,c.-, ~, ",~ T ~~'., .TLT'~r'~ TT, f,s73,~t+ 7.~~' _ ~Q ='fl _ {; `'"_ ~`r~4 ~t-..: ~=Y i'f1.iF'?'=: v~'~~i~Fui~ ~.t.ft ~~ `!'~ fib `i t STREET LI ~HTItaC 1 a ~,?a, :~ GOH~"I?ETE ~ 1 S R ?{ MSttI?Pdr/ATt~R ~~4 , c?r., MnwtPFrJEL Rt0 VISTA an,n~) S?rPPLIES ??, 54 RA I2ISU t TS 33 . A PA?TSlMO'1IER F,55, t eTF,EET SIOt7S '~h?,5fi REtMR PETTY CASH 1.;~,.=~: REIMS PETTY CASH ,5,(1C~ REIMB PETTY CASH 1~.~,~, F?EIMP PETTY CASH ,4,?^ EMt1LStOt`i S7 , t?ir h PCB # VEhTDtIR nELCPIPT~nt? AM~?tTr?T ---------- ------------------------- ------------------------- ------------- 95?0~¢ SCQTT HEMF.CEF~ MOWTI~G/ATCtR 8n.nr. 9524' a AUDREY REEVE :LEAN ELM CRFEK PE.^-.?'R©CtM ~ P~ _ R~ 95?4?n MQ?JL.DER t1LDHAM t~tr5 ~itPPLIFS ,S[1,5n '5245.3 CELL'.JLAR ENE- ~ t1L~A 5•'45 t?~E 41 .?? DEPARTMENT ?'C1TAL. ____ ~ .5;41..'!.? F~f~?~DMTr DEVELOPMENT ------------------------------ P52458 TREASFTRER PETTY CASH DEPAF.Th1ENT TDTAL., ____ O i r~ 1~' "?''_?r1 ~:?TV (lF aiCdASc~'1 1't .~~Q '+c }~i~~~]'1~ '` 'F ~T: F: 71.tC ~FF+;~~^' ~ ~r=r, _ F'Q ~ VEt~LiC1R [lF=~`F?PTi~??~ At~4C}??T'iT ---------- ------------------------- ------------------------- ------------- GENEP.AL GQVERKMEKT ------------------------------ G`?4?.` BEFKLEY AL3P7T;'TQTF.AT~7RS ,l95 RrJ~~fIN FEE PfiPARTt~EKT Tt'.TA?~: _ _ _ _ . Fi.IN~S TC~T.AL = _ _ _ ~ "~,~ . ~? ."4_^.~ ?fi,;~3 h; -;~ ~~~ f. ~~;,~'~;~+~ ...~D (-:T ~rf.~~= DL'~!'S'v`T :t JEL~Tp ~'~; PC- ~ V£Pdr,CIR PE~+~PTPT?±„? .~?;ta:at?t;T ---------- ------------------------- ------------------------- ------------- Ah98ITLANC£ ------------------------------ 95:~'L=i4 £tTfl-SAF£TF SYSTEMS At*?`itLA~dt:.E Ss?PPt~T£c '='~s,; ~ g.rl ,~.~[4 PACE PPLIT~TTrTC C}F TT??-''=E T4yT ~~jp~;~T£q 1Io_ff ~,i ~'`?."f~ ~Tt~LtipITErR Vi f..,T.~.~Fr~ T!;tj.~~ ~Q,~ _ (~±t 95?~-?.; cHC1RTY'S .AITTC £LE£TRrr: REPATI? f~i£T?3~. ~ ~n*ri? `-15?:1?7 ~T X• F' ~iilT(=~ Ar`a: F..`r:PkT?~ ;?^,^it G`~4?£t ALLIAt~C£ ME'~TG~,L-. TNr_:. ~tjP??:-rE~; p~;7~TTL.~~$~F 9 rA . ~,,; ~--`,f~'~9 BL?~E RTL~Ci£ ME~T~b,*• .ST..?P~'..T£S!AMP?~I..~.I~dr:E t.,,~; fir, I?EPARTMETTT T~ :TAL = _ _ _ ? ^ t ? . ='' F~3?~I~ TJTAL ____ • ~ ~4 s ~~ 1 1 -,T';' i4F'q r E ?!1!=5 'Ct~'''9'4~1 A.~~-: t-T,.CTU:= p~~f-yF, apta;,~,, r~"r: PC1 # VE}~I7GiR ttF.SGRIF'Tl+lt~ b.?~f~`lT'NT ---------- ------------------------- ------------------------- ------------- CITY GARAGE ------------------------------ ~?3?? SAhl' S GL[1B ~`?~~S TREASt?RER PF.--TTY GASH `~~'~'8 SAFETY I!L:EE?~ G~JRP. 9~?48Ct RELTARLE TIRE AA~n AttTf~ g;?4R4 ~T n• P A[rTL~ 95?4H^ BAIL.EY Ei~?1IFMENT a`?~~'? CRG-~? Ft?RLIPir4.?'E RS^dq? I}Y1dA SYSTEMS ~~:!4~4 EVI?~E, GQRP DEPP.-RTMENT TCiTD,L F~?AILt TGTAL = _ _ _ ^FRVIt'E MAt-;HTftF ^~.(ir; Rr.PLAGE Pr1t'FF1...ER ?~t~~~t )7~FyTFiG' '~ Ct i '~'1 t ... RF,FA TkS 1 ^, ~A FA°T^-, j nt~,4o ?;r'~Ea~r. FIT T IAIC?S'PARTS t 5h, t R~TTF.R?ES ?Ct:4_~ 7 ~IC~4.-. iCt~i_~^ 1 ~'~ i~ L ~ , - 4 1~ - ---------- ------------------------- ------------------------- ------------- ------------------------------ . n c+7a ter. - r. ,~ "~:~r~ h, 7~p t.T TT7. ~' ,~. ,. .,jkr..I,., ~~'~~ _ rn .1~ ~5?;~,~ e,tT~S ~~•r1=FV iTTi;!T~~~ ~ ='T7B~ F.?,~T~'~r ~?_ i~ja qr, ='u~'~ _ ------------------------------ nc~7~~,e I,.~~mF~, ~T=ir, P1fT ^= TtTf-. •~~. 1 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/24/95 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES ,~~.: :.....:.: G:::: }•i•i:4}}v ?i::i::ii::iii:L:?iji}}}}}}}•}::i:::.:v: } :::::::::::.:::::::::: :; ~ ':: ~ ~ ~ ~ ~ :::..~.~•;•'.••;•;;'.{•;t•~.:}i;'.: ti,'i}'ai,.`.:.:.}:: .'.?• '.i}}:.::.5:.?:.::.i: ~ .>Y::}:.: :.: .: y::•::.:.}}''..~:: ~y~ ~ ~~ : . ... ... . :x:•}.vLtin•. 4:::.w:}:{.:vLi:QS4illif<}~$~~:Lit(w:.'ACB+•nti:~-0:~.R~}yw;(6S :+' ~~LiYA60GU:v}ii}'fn}i}}}::::L:bv J :::{' 3:ZF:Fii :: :}Y>:}: i ' :f ~ ~ Finance : :... 0.00 ..... .: pi}iiir v ::L : 5 051.19 :.:.: ...~~ tr:.4:tv.:•nvx Avx~N4Y{iEO , .... :..: .;. :.:>: . :::.+. r ~>:>::: <::::: <:::>::::: .Gi}}kV3Ji::)P%LOp'A44Cfl.Gw • : •:: ' ~' Municipal Court . 0.00 1,109.44 :•;.a:y{,}{:y({:::}:•;:~:i:;: ~:~:;•:,:i:,3;:N:.}.. .:;;:n, ::{.•,:,°~, i..:o-••a: innntiG~ ii?i :: E. •...; ... ::•::: .};'y~:,s~}::~:;:.: r,.:•::{{•. .. ' ~::.}i.V.f.}::: ?:: ~.v: ' ;•:•~o:'.~•'.:?:~.'.~aa,. •,',r',llLx •. m::::: 'x •.. :r ti{: •} Building Maintenance 0.00 293.88 ::., ~y /~ ;#~ ~[~~]~ ??:~?}':•`•'• .• .+f: } •} : ri.:.:•i:•i;:~: ••:iiiiii'::•::i;::•;:;: r;;;::ii,. : ... rf. ".:k~ A3i~.."'ti:L`.;:;i:'tL':;$;:5':::?;•.,•:?tii:::$;i:,i •:. {: f.}.r. .f.. ;;~• :..:ex.......... {:t•..::lnWtn.L'!d>e:~'~}•'t' .... '•• • ::: • . . vi/ :/ : • :{AW:i<::}titiP:ffA~d4ei i : . ~'. ' ~ '' ' ` :.: x ` ... .. .... Central Dispatch ~ . . . .. ~ry :. ..:.:.: . .. 56.24 +.vv. .~+vnrr< .. a . . .....tR:{x 2,590.24 . M.?X•:~45 :. • :~}v:'n,'1C v.;. :• Y.i~ •.;;..~••,•~;*w*,:.•: }:(';'j: ::: }}yy :.i{::~ri"4.. :. yAW,}~{•,., .,. .. ` ' ' v'~i4::i:L4:::%yti~{}~',: {.j::•>::::.v,.}'?v' iii'..::1.,+.•:• . :•i;{9F v: :ri{Av'„{:"•gr!'c.~r; f.{.•a~tiv?:.. ::?::}j::i`i::i:::}::v'•:'•:':::::':• •i:?: :. .... •: • •::: •;: 3vt.::n:.:xmvta:as:.tixe}:...•..:.:.:nv.'v.Gs~~ f. Si:~i:.,ee e .S%S:fiF::' s`h LW.iTe::....+•+s'~L." ... +~~ ., i::::: ; •.t: ~4ix!'2 Fire 417.74 25,806.65 {+.;:;k:?h:?.}}}:{v}:v4,+}:??j?L•l}•N{::}~.$}.•::n>L:4L•.. . ~.:•:: t:.•:<:;i::"'':Y`'•`':;;;•>}::i::i::';:i:::::i:?Si::i: •:.. :,•y`'~09.+.••.•':~•. }..: }} .:.... ..........:..... ~i•.•.•.•.:iirii:Six::•'L': LL:: i:Li ii is .. ~ :.. YiFi;.~~~:ii:::4i:L:iii'rii}.:.:: n•v.•x:: •::.•}:::.; ..; \ti:.•..:'v: •w :::::: •: :. v. • 4 n: n}?}:•:?CY%?rY,.:>:;}:^i~'%!A}}:•}L:•:•};.::::.xw .:/.v}. }}:•}}:}:{?S}};{?r?r?{?r,?.:?.} ...;i..: .... ::?.h`, f....... ~.. ~ 'i:•}:vv: . :::::::::::::::::::h}}::::: .. ,(]~~[ .}:•i ir ~:i::iiiiiiii:~i: i :;:. N:L? )) ~~ ~ ~ ~ ~ ' .. . ......~ . .CW...iii:vd:ry,:2{it<L;iwKwii{4}d'.u: ~ .. ~~~~ %A 3: ~~: {: : iY4%OiLVY'.?, ........ :.:B.+Y•{{95d1ttb'nYF:":{'Y.::>•YLLQ6060f/w iN .,; . ~:` .:.:..u?.:??w 0.::::::::::.••'~•••• Recreation Center 0.00 2,230.95 .:.~..:,..{.:{.A{{r.>oa?<9~9:•.»5: :...............:...... ......~?.0:0:»:.:..... .... .2 7:II~~~:~~ Park Maintenance .::.•.•?{rr.}:??:{.}::{•};r.Yn•.v:::,.rc:::rid?~;:;:;.\,'r,F?L::;%6,ti}f;v:'':.i.'•i~i~i<i::$::x':}YD..i:L},' 0.00 F,:::.,+.ti;K:.3.::: f.~+f~.~:S{.:: ,rx?::::.}2:{:.•:: r.:?:9005;.:. 2,033.34 .{{{{.}}:?t{x.:xn:.:xrrr:rrxrtx.•.:.e ;: '': ::: > ':. '<. ~:.::' :.:' : >:: '::: iii::ii::i::i:::::::;:r;:i::i::ii::i::ii:;i;:i::i::}:i::i i::i::i::i::i::i::i:L L:`.:L.;:i: .: •;..::~~:}•';::L;;.;:.:w}}}:}}•::. ..:.:: :• :..}..::. .::: :::>'..;'.[t"i}::`{~'-1..~'$}' '" :::(::`i}'::i. ~`' ,i i:.: ~: ~ `::::i ::::::::::::::c:;:::i::::i:::::::::;::::}:::::•.,::::j::::::::::::i::::::' '::::i'./j~''s ' ~: '~::+~t:..::.::.:.......... 7(~y[ .. (~~f~f 4i!h.S...}..~~~~ ....... ..........::..:..::.::: .:: :... ..: ~ T0i..F.::{v: :. +::.}:•}:•}:•:U~. ~:•.Y'...Y..4:~::: L. APPROVE 07/06/95 Mayor Council Member Council Member 1 1 i~ i ^ CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/24/95 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Garage $28.67 $1,768.55 .;;.;;{:.,;N.~.#.: >•.. .•ri.'14a.4+xr'.2>.>.yJ!!!!:?;? ..fin::p>:{;:~u:;.:r:::::;:.:;.;:•::;.;:::•:;•:<;<•:::'::::;;:.:::.;:•:;•;:•>;:;•:.:•:•:::....:.>:.:::::;:>::;:•;:•;:: APPROVED: 07/06/95 Mayor Council Member Council Member MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REZONING REQUEST OZ-95-OS DATE: June 30, 1995 t BACKGROUND• ~ Kaiser-Francis Oil Company, applicant and owner, recently requested rezoning of a 356 acre tract from AG (Agriculture) to CS (Commercial Shopping Center); RM-1 (Residential Multi- Family Low Density); OL (Office Light); RD (Residential Duplex); RS-3 (Residential Single Family High Density); RS-2 (Residential Single-Family Medium Density) and RE (Residential Estates). A copy of the complete staff report as it was presented to the Planning Commission is attached for your information and review and includes subject maps. ~ At the Planning Commission meeting on June 13, 1995; numerous citizens attended to object to the rezoning application and petitions with numerous signatures were submitted. The petitions ' are available for review upon your request. The two primary concerns addressed by citizens at that meeting centered around the inclusion of the RM-1 zoning (Tract B) and CS zoning (Tract H). At the public hearing, Mr. Wayne Alberty representing the applicant, agreed to amend the ' zoning requested on Tract H from CS to RE (Residential Estates) eliminating the concerns regarding the commercial zoning at that location. No other amendments were made by the applicant at that time and the Planning Commission denied the application (4-1). The petitions are available for review upon your request. When a rezoning application is denied by the Planning Commission it is not forwarded to the City Council for action unless the applicant appeals the decision of the Planning Commission within 15 days. Mr. Alberty, on behalf of his client, appealed the decision of the Planning Commission on June 21, 1995 and also amended their request a second time removing Tract B (Multi-Family) from the application. Therefore, the two tracts of the application which were the subject of a majority of the concerns aired at the Planning Commission meeting have either been downzoned or withdrawn from the application. On June 29, 1995, Mayor Burns, Councilor Helm, City Manager and I attended a neighborhood meeting regarding the rezoning application. Staff had been contacted by several individuals regarding the meeting and was invited to attend to answer any questions regarding the application. Over 60 people attended the question/answer session. Without making commitments regarding the final disposition of the appeal, the staff responded to more than 20 questions relating to the zoning process and planning practices. Announcements relating to the Council meeting date, time, and place were made and citizens were encouraged to attend the meeting. While the initial staff report to the Planning Commission is no longer accurate in the two areas which were amended, the balance of the report does contain pertinent information to the remainder of the applicant's request as well as some basic planning principles as they would be applied to the subject property. Once again, the RM-1 (Residential Multi-Family Low Density) has been withdrawn from the application and the CS (Commercial Shopping Center District) has been reduced to RE (Residential Estates). Public input regarding this request has been substantial and has had beneficial results. The input provided by those who attended the Planning Commission meeting directly resulted in the applicant amending their original request, a request which was well within the guidelines of Comprehensive Plan and accepted planning practices. Considering the two most controversial portions of the request have been either amended or removed by the applicant and the remainder of the rezoning application is in tact, the rezoning process of the City of Owasso has served its purpose. If the application is approved by the City Council, an ordinance will be presented at the July 18, 1995 meeting formally adopting any action. RECOMMENDATION: Staff recommends approval of the rezoning request from Kaiser-Francis Oil Company to rezone the subject property from AG (Agriculture) to CS (Commercial Shopping Center) on Tract A, OL (Office Light) on Tracts C and G, RD (Residential Duplex) on Tract D, RS-3 (Residential Single-Family High Density) on Tract E, RS-2 (Residential Single-Family Medium Density) on Tract F, and RE (Residential Estates) on Tracts H and I. ~ ATTACHMENTS 1. OZ-95-OS Staff Report. 2. Letter of appeal submitted by Mr. Alberty. CITY OF OWASSO Planning Department OZ-95-OS Staff Report Timothy D. Rooney -Community Development Director BACKGROUND APPLICANT AND STATUS OF APPLICANT: Kaiser-Francis Oil Company, applicant and owner. ~ REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from AG (Agricultural) to CS (Commercial Shopping Center); RM-1 (Residential Multi-Family ' Low Density); OL (Office Light); RD (Residential Duplex); RS-3 (Residential Single-Family High Density); RS-2 (Residential Single-Family Medium Density and RE (Residential Estates). LOCATION AND SIZE: The property is located east of N. 129th E. Avenue, north of E. ~ 76th Street North, west of N. 145th E. Avenue, and south of E. 86th Street North. Excluded from the request are the platted additions of Copper Meadows I and II and Graceland Acres (Tulsa County). In addition to the platted properties, the old dairy farm property on E. 86th Street North is also excluded. The subject property contains approximately 356 acres of undeveloped property. ~ EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: The subject property is abutted on the north by E. 86th Street North, while further north lies the Owasso High School, Junior High School, 4-H ~ Agricultural facility, Brentwood Estates addition, and undeveloped land. Zoning in these areas are Agriculture and Residential Single Family Medium Density. The subject property is bordered to the East by Pamela Hodson Elementary School, undeveloped land, and a housing addition (Rogers County). Zoning in these areas are Agriculture and Residential Estates. The subject site is bordered to the south by a housing addition, undeveloped ' property, several individual homesites, and property under development for a daycare facility. Zoning in these areas consists of Residential Estates and Agriculture. The subject site is bordered on west by N. 129th E. Avenue, while further west lies Double Oaks III, Elm Creek Estates First Addition (Blocks 42 thru 46), and Elm Creek Commercial Corner. Zoning in these areas consist of Residential Single Family High Density and Commercial General. The three areas not contained within the request (see above) are zoned Agriculture, Single-Family Residential High Density, and Residential Estates. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments", Chapter 4 "Residential District Provisions", Chapter 5 "Office District Provisions", and Chapter 6 "Commercial District Provisions". Staff Report OZ-95-OS Page 2 of 7 SITE INFORMATION: No unusual development hardships are noted, however the subject property does contain quite a bit of bedrock immediately below the surface. ANALYSIS "~ The proposed rezoning would create multiple zonings on one large, undeveloped tract of land. 320 acres of the subject site are proposed for residential zoning, 290 of which are designated specifically for single-family dwellings, 15 acres for duplex dwellings, and 15 acres for multi-family dwellings. The remaining property would be zoned either commercial or office and primarily concentrated near the corners of E. 86th Street North and N. 129th ~ E. Avenue, E. 86th Street North and N. 145th E. Avenue, and E. 76th Street North and what would be N. 145th E. Avenue. This is the largest rezoning case reviewed by the staff and the Planning Commission since October of 1992. Because the request contains multiple zonings, staff will review each individual zoning ,~,~ request separately, concentrating on that individual request, its relationship to existing and what is proposed, and review of basic planning principle as applied to the individual request in that area. CS -Commercial Shoppin Cg_enter The applicant's request contains two areas in which they are requesting commercial zoning. The first area, located at the southeast corner of E. 86th Street North and N. 129th E. Avenue, contains approximately 16 acres. The Comprehensive Plan for the City of Owasso does identify this area for commercial development and the request by the applicant is ,,~ consistent with that which is found on the southwest and northwest corners of E. 86th Street North and N. 129th E. Avenue, and is comparable in size to those areas, if not smaller. ~ The second area, located on the northwest corner of E. 76th Street North and what would be N. 145th E. Avenue, contains approximately 4.5 acres. The Comprehensive Plan for the City of Owasso does identify this area for commercial development. The three other corners at this location, however, are not zoned for commercial development. The likelihood of development of this tract within the next five to ten years is limited, due to the ability of the applicant to obtain sanitary sewer service to the site. Staff has received one letter regarding this request and it is included within your packet for your information and review. _ Any proposed development at either of these locations could not occur until either of the ~ properties were platted (a process which contains two public hearings before the Planning Commission and one before the Council) and a site plan review by the Planning Commission (also an opportunity for public input). ^ Staff Report OZ-95-OS ' Page 3 of 7 OL -Office Light ~ The applicants request also contains two areas in which they are requesting office zoning. The first area, located along E. 86th Street North, south of the Owasso 4-H Agricultural ' facility, immediately east of the applicants requested RM-1 zoning, and immediately west of the old dairy and horse track facility, contains approximately 15 acres. The Comprehensive Plan does not identify this area for office development, however it should be noted that the ' Plan may be outdated in this area considering the development that has occurred along both sides E. 86th Street west of the subject site. Office zoning would allow for such uses as medical, dental, insurance, and professional offices and could include a hair styling salon by Special Exception. Generally, retail type uses are excluded in any OL district. The second area, located on the southwest corner of E. 86th Street North and N. 145th E. Avenue, contains approximately 5 acres. The Comprehensive Plan identifies this area as being appropriate for commercial development. The location of office uses in close proximity to the elementary school would serve itself well for a daycare facility, also an approved use in an OL district. ' Again, prior to any development occurring at either of these locations, both would be required to go through the platting and site plan review process as well. RE -Residential Estates The applicants request contains one area in which they are requesting residential estates zoning. RE is the lowest density form of residential development within the Owasso Zoning Code. The area designated for RE zoning is located in the southeastern portion of the subject tract and contains approximately 83 acres or 32% of the total tract. The Comprehensive Plan does identify this area as being appropriate for low density residential development with the exception of the extreme southeast corner of the tract. Only single family dwellings could be built within this area if the zoning is approved. The zoning requested by the applicant is identical to that which is found at the Graceland Acres addition abutting the site to the west. ' Staff s only concern with the applicant's request in this area is the lack of a buffer between the residential area and the commercial area in the southeast corner. Basic planning practices nationwide incorporate a buffer between commercial and residential areas and staff has ^ Staff Report OZ-95-OS Page 4 of 7 concerns that if approved without a buffer, a recreation of the Three Lakes vs. Taco Bueno/Reasors conflict could occur, not only on the applicant's property, but to the property to the east as well. The likelihood of N. 145th E. Avenue ever being created between E. 86th Street North and E. 76th Street North is small considering the limited amount of people it would serve, thus a "street buffer" between the commercial request and the existing homesites on the east would not occur. Prior to any development of this property, the platting process would also be required. RS-2 Residential Single-Family Medium DensitX The applicants request contains one area designated for single-family residential medium density housing located within the central portion of the entire subject tract and contains approximately 150 acres or 42% of the total tract. The Owasso Comprehensive Plan identifies this area as being appropriate for residential low density development and public/quasi public uses. This property would also be required to go through the platting process as well. Staff has no concerns with this portion of the request. RS-3 Residential Single-Family High Densit}r The applicants request contains one area designated for single-family residential high density located along the west-central portion of the subject property, immediately north of the Copper Meadows Addition and consists of approximately 52 acres. The Owasso Comprehensive Plan identifies this area as being appropriate for low density residential development but may be outdated in this area when one considers the development of Copper Meadows and Double Oaks to the west. The RS-3 zoning proposed is consistent with zoning patterns and both existing development and development trends found to the south and the west. This property would also be required to go through the platting process as well. Staff has no concerns with this portion of the request. RD Residential Duplex The applicants request contains one area designated for duplex residential development located immediately north of the requested RS-3 property and immediately south of the requested CS property and contains approximately 15 acres. The Owasso Comprehensive Plan identifies this area as being appropriate for low density residential development and Staff Report OZ-95-05 Page 5 of 7 again may be outdated when applied to this area considering existing and current development trends. Staff feels that the inclusion of the RD zoning on the site is appropriate as a buffer between the proposed commercial and single-family residential uses. Again, without a buffer, single- family residential housing would be abutting commercial development. Past development in Owasso does not point toward a positive, peaceful co-existence. This property would also be required to go through the platting process as well. RM-1 Residential Multi-Family Low Density The applicants request contains one area designated for multi-family low density residential development located immediately east of the requested commercial zoning, immediately north of a portion of the requested duplex zoning, and immediately west of a portion of the requested RS-2 and OL zonings. The size of the subject property is approximately 17 acres. The Comprehensive Plan identifies this area as being appropriate for residential medium ~ intensity development. RM-1 zoning is the lowest density form of multi-family housing contained within the Owasso Zoning Code. Based on the property development standards for RM-1 property (attached for ~ your information and review) and the size of the tract requested to obtain RM-1 zoning, a maximum of 169 total units could be obtained. Once parking restrictions (2 per unit, 1 handicapped space for every 15 spaces created), areas of open space (landscaping), recreational areas (pool), and facility structure (laundry, garbage) are applied to this figure, a total of 110 units would be a more realistic expectation. When one reviews the current acreage and units of other multi-family projects in Owasso, this figure is far less dense than any found in Owasso. Again, the applicants inclusion of the RM-1 zoning in their request is consistent with national planning trends as multi-family housing being implemented as a buffer between commercial and single-family housing. Previous development patterns in Owasso have not buffered ' commercial and single-family uses, thus creating much heartache for both the resident and business owner. Often times, conditions on delivery times and fencing requirements have been placed on commercial development to ensure a proper buffer, however a municipalities resources and ability to enforce these conditions if often times limited. As with any other potential development along E. 86th Street North and N. 129th E. Avenue, acceleration/deceleration lanes would be required for this portion of development as well. Traffic near the E. 86th Street and N. 129th E. Avenue intersection does carry a substantial amount of traffic, especially during the school's calendar year, and this is not Staff Report OZ-95-OS Page 6 of 7 likely to decrease with or without amulti-family development. E. 86th Street and N. 129th E. Avenue is one of the few intersections in Owasso designed to handle more traffic than it currently handles daily. It should also be noted that the traffic signals at this location are fully programmable to adjust to an increased traffic flow in any direction. COMMENTS Staff has received numerous calls and visits regarding this zoning request, with most individuals indicating an opposition to the multi-family zoning request. As of Thursday, June 8th at 4:00 PM, no letters and/or petitions were received by this office, however a letter was submitted to the Owasso Reporter opposing the zoning request and published on June 9, 1995. A copy of this letter is attached for your information and review. Letters were sent to surrounding property owners within 300' of the subject property and notification was published in the Owasso Reporter on May 25, 1995. Two signs were posted on the subject property the last week of May. Copies of the letters to property owners and the legal advertisement are also attached for your information and review. A large public turnout at this public hearing is anticipated. Due to the anticipated turnout, staff has asked the applicant to be prepared to present his request prior to the staff presentation of the report, in effort to verify as much information as possible regarding the request. RECOMMENDATION With a zoning case of this size, and an item that creates as much interest and corresponding emotions as amulti-family complex can, staff realizes that it is unlikely that everyone will walk away from this public hearing happy. However, the zoning patterns proposed by the applicant are of a sound nature based on acceptable planning practices. Staff s primary concern is that of a lack of a buffer between the RE and CS portions of the property located in the southeast corner. A lack of buffer in this area could lead to potential conflict in the future, a conflict that could be avoided through the use of a buffer zoning between the two, or a denial of the CS zoning at that location. Staff is recommending approval of the rezoning request from AG to RE, RS-2, RS-3, RD, RM-1, OL and CS with a recommendation that the Planning Commission consider a buffer zoning around or denial of the CS zoning in the southeast corner of the subject property. w. Staff Report OZ-95-OS ~ Page 7 of 7 ATTACHMENTS 1. Case map. 2. Legal description of each area containing a proposed change in zoning. 3. Location map. 4. Residential property development standards. 5. Copy of letter received from Mr. and Mrs. Dale Previtt. 6. Copy of letter published in the Owasso Reporter from Glenda Payne. 7. Copy of letter sent to surrounding property owners. 8. Copy of notification published in the Owasso Reporter. . „ . Zoning Exhibit Owasso Land A Part of Oaotlon 28, .c.~ Townl~ 21 tiortl~ Raga K Eaat, Tdaa CauKy, Oldalnma for u y 1 ,_~~_ Kaiser Francis On Company ' ~. ,~. ^ Legal Descriptions for the Zoning Application ~ Kaiser Francis Oil Company (Owasso Project) Tract A (CS -Northwest Area of Development) BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, ' RANGE 14 EAST, THENCE SOUTH 89°42'44" EAST ALONG SAID SECTION LINE A DISTANCE OF 750.00 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 940.00 FEET; ~ THENCE NORTH 89°42'44" WEST FOR A DISTANCE OF 750.01 FEET; THENCE DUE NORTH ALONG THE WEST SECTION LINE OF SECTION 28 FOR A DISTANCE OF 940.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 706,421 S.F. OR 16.22 ACRES MORE OR LESS Tract B (RM-1 Northwest Area of Development) COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 89°42'44" EAST ALONG SAID SECTION LINE A DISTANCE OF 750.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SECTION LINE SOUTH 89°42'44" EAST FOR A DISTANCE OF 600.00 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 150.00 FEET; THENCE SOUTH 28°46'32" EAST FOR A DISTANCE OF 789.40 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 100.00 FEET; THENCE NORTH 89°42'44" WEST FOR A DISTANCE OF 980.01 FEET; THENCE DUE NORTH FOR A DISTANCE OF 940.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 736,273 S.F. OR 16.90 ACRES MORE OR LESS ^ Tract C (OL -Northern Area of Development) COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 89°42'44" EAST ALONG SAID SECTION LINE A DISTANCE OF 1350.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SECTION LINESOUTH 89°42'44" EAST A DISTANCE OF 1302.30 FEET; THENCE SOUTH 0°07'18" WEST FOR A DISTANCE OF 550.00 FEET; THENCE NORTH 89°44'53" WEST FOR A DISTANCE OF 1080.45 FEET; THENCE NORTH 28°46'32" WEST FOR A DISTANCE OF 458.40 FEET TO THE POINT OF BEGINNING. ' SAID AREA CONTAINING 672,245 S.F. OR 15.43 ACRES MORE OR LESS ROC -Owasso 05/09/95 Page 1 of 3 Tract D (RD -Northeastern Area of Development) COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE DUE SOUTH FOR A DISTANCE OF 940.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°42'44" EAST FOR A DISTANCE OF 1730.02 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 384.95 FEET; THENCE NORTH 89°42'44" WEST FOR A DISTANCE OF 1730.02 FEET; THENCE DUE NORTH FOR A DISTANCE OF 384.96 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 664,037 S.F. OR 15.24 ACRES MORE OR LESS Tract E (RS-3 East Area of Development) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE DUE NORTH FOR A DISTANCE OF 1324.96 FEET; THENCE SOUTH 89°42'44" EAST FOR A DISTANCE OF 1730.02 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 1320.62; THENCE NORTH 89°50'35" WEST ALONG THE CENTER SECTION LINE OF SECTION 28, FOR A DISTANCE OF 1730.01 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 2,290,353 S.F. OR 52.58 ACRES MORE OR LESS Tract F (RS-2 Center Area of Development) COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 89°51'21" EAST FOR A DISTANCE OF 1730.01 FEET TO THE POINT OF BEGINNING; THENCE DUE NORTH FOR A DISTANCE OF 1805.57 FEET; THENCE NORTH 28°46'32" WEST FOR A DISTANCE OF 331.00 FEET; THENCE SOUTH 89°44'53" EAST FOR A DISTANCE OF 1080.45 FEET; THENCE SOUTH 0°07'18" WEST FOR A DISTANCE OF 771.54 FEET; THENCE SOUTH 89°47'03" EAST FOR A DISTANCE OF 1324.05 FEET; THENCE NORTH 0°10'22" EAST FOR A DISTANCE OF 1319.96 FEET; THENCE SOUTH 89°42'44" EAST FOR A DISTANCE OF 777.06 FEET; THENCE SOUTH 0°15'50" WEST FOR A DISTANCE OF 400.00 FEET; THENCE SOUTH 89°42'44" EAST FOR A DISTANCE OF 550.00 FEET; THENCE SOUTH 0°15'50" WEST FOR A DISTANCE OF 1100.00 FEET; THENCE SOUTH 20°46'44" WEST FOR A DISTANCE OF 750.00 FEET; THENCE SOUTH 59°18'29" WEST FOR A DISTANCE OF 850.00 FEET; THENCE NORTH 89°50'35" WEST FOR A DISTANCE OF 2569.52 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 6,609,657 S.F. OR 151.74 ACRES MORE OR LESS ROC -Owasso 05/09/95 Page 2 of 3 Tract G (OL -Northeast Area of Development) ' BEGINNING AT THE NORTHEAST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE S 0°15'50" WEST FOR A DISTANCE OF 400.00 FEET; THENCE NORTH 89°42'44" WEST FOR A DISTANCE OF 550.00 FEET; ' THENCE NORTH 0°15'50" EAST FOR A DISTANCE OF 400.00 FEET; THENCE SOUTH 89°42'44" EAST FOR A DISTANCE OF 550.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 220,000 S.F. OR 5.05 ACRES MORE OR LESS Tract H (CS -Southeast Area of Development) BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE NORTH 89°59'46" WEST FOR A DISTANCE OF 500.00 FEET; THENCE NORTH 0°13'27" EAST FOR A DISTANCE OF 400.00 FEET; THENCE SOUTH 89°59'46" EAST FOR A DISTANCE OF 500.00 FEET; THENCE SOUTH 0°13'27" WEST FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 200,000 S.F. OR 4.59 ACRES MORE OR LESS. Tract I (RE -Southeast Area of Development) COMMENCING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE NORTH 89°59'46" WEST FOR A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°59'46" WEST FOR A DISTANCE OF 820.52 FEET; THENCE NORTH 0°10'22" EAST FOR A DISTANCE OF 2640.24 FEET; THENCE SOUTH 89°50'35" EAST FOR A DISTANCE OF 330.00 FEET; THENCE NORTH 59°18'29" EAST FOR A DISTANCE OF 850.00 FEET; THENCE NORTH 20°46'44" EAST FOR A DISTANCE OF 750.22 FEET; THENCE SOUTH 0°15'50" WEST FOR A DISTANCE OF 1138.62 FEET; THENCE SOUTH 0°13'27" WEST FOR A DISTANCE OF 2237.02 FEET; THENCE NORTH 89°59'46" WEST FOR A DISTANCE OF 500.00 FEET; THENCE SOUTH 0°13'27" WEST FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 3,652,957 S.F. OR 83.86 ACRES MORE OR LESS ROC -Owasso 05/09/95 Page 3 of 3 / \ / 1 ~ 1 \ 1 RS-3 1 i i AG f t __ _ -_ ~ . Owasso 1J BRFdVTyy00D - ---_-- SR. HIGN ~~ / s,. ~ •n SCH001. •1 n - ` rc ~t 1=•tl 1 A 11`.7 ~~ ~ AG V `~ ~ .I •~i ~~ f~ST , t, T. M -DOUBLE OAKS v44~~s G~~ ~ . i` R S PUO.4pf, RE ~~ srRE~r I '~ SUBJECT PROPERTY l Y R S-I / ii ii 3. Business signs, unilluminated, as set forth in Section 320.2 b.3 of this code. e. Wind Energy Conversion System (WECS) must comply with the conditions listed in WECS Section 320.2c. SECTION 430 BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS 430.1 Bulk and area requirements in the RE, RS, RD, RTH and RM districts are shown in Table 3 on the following two pages. Table 3 BULK AND AREA REQUIREMENTS IN THE RE, RS, RD AND RM DISTRICTS DISTRICT RE RS-1 RS-2 RS-3 RD RTH RM-1 RM-2 LOT WIDTH (Min. Ft.) One Family 150* 100 75 65, 60 60 60 60 Two Family 60 60 60 60 Multifamily (other than RTH) 100 100 LOT AREA (Min. Sq. Ft.) One Family 24,000 13,500 9,000 7,000 6,900 6,900 7,000 7,000 Two Family 6,900 6,900_ 7,000 7,000 Multifamily (other than RTH) 10,000 6,000 LAND AREA PER D.U. (Min. Sq. Ft.) One Family 28,375 16,000 10,875 8,400 8,400 7,500 7,500 7,500 Two Family 4,200 4,600 4,600 4,200 Multifamily (other than RTH) For each of the first two (2) D.U.'s on the lot 4,600 4,200 For each addi- tional D.U. Less than two bedrooms 3,100 2,400 Two or more bedrooms 4,356 3,100 TOWNHOUSE DEVELOPMENT** Development Width (min. ft.) 70 70 70 Lot Width (min, ft.) 20 20 20 Lot Area (min, sq. ft.) 1,600 1,600 1,60C Land Area (of development) per D.U. (min, sq. ft.) 3,600 2,200 2,200 23 BULK AND AREA REQUIREMENTS IN THE RE, RS, RD AND RM DISTRICTS DISTRICT RE RS-1 RS-2 RS-3 RD RTH RM-1 RM-2 STRUCTURE HEIGHT 35 26 26 26 26 26 26*** NA (Max. Ft.) LIVABILITY SPACE per D.U. (min. sq. ft.) 12,000 7,000 5,000 4,000 2,000 1,400 1,000 400 Front Yard Abutting a Public Street: Measured from center- line of abutting street; add ~ of right-of-way designated on the Major (Street Plan or 25 feet if not designated on Major Street Plan (min. ft.) Arterial 35 35 35 35 35 35 35 35 Not an Arterial 35 35 30 25 25 25 25 10 All Other Yards Abut- ting a Public Street: Measured from center- line of abutting street; add ~ of right- of-way designated on Major Street Plan or 25 feet if not desig- nated on Major Street Plan (min. ft.) Arterial 20 20 20 20 15 20 15 15 Not an Arterial 15 15 15 15 15 15 15 15 Rear Yards (min. ft.) 25 25 25 20 20 20 20 10 Side Yards (min. ft.)**** One side yard 15 10 10 10 10 10 10 10 Other side yard 15 5 5 5 5 5 5 10 *The frontage of any lot in the RE district which meets the requirements of minimum lot size may be less than the mi nimum frontages as long as the front building line on said lot is a mi nimum of one hun dred twenty- five (125) linear feet. **A minimum of two (2) to wnhouse lots. **In the RM-1 district, a one-story li mitatio n shall apply to structure s containing more than 3 dwelling unit s which are within 50' of an ad- joining RE or RS distri ct. ****Does not apply to inter ior lot line of town house developmen ts. 24 1 June 7, 1994 ' Mr. Tim Rooney Community Development Director ' City of Owasso 207 S Cedar Street Owasso, OK 74055 ' RE: Rezoning Request OZ-95-OS ' Dear Mr. Rooney: We have received notice of the above-referenced zoning request by Kaiser Francis Oil Company relating to 136.5 acres lying generally between 76~` and 86~` Streets North and 129' and 145` East Avenues. At the present, we plan to be out of town on June 13. Consequently, we will relay our comments on the request in writing so that they may be taken into consideration in the Planning Commission's deliberations. ~ We object strongly to the request to rezone Tract H to "CS". This tract is located on the southeast corner of the area in question (76~' St. N and the county line). The area around this tract is residential with properties situated ' on lots of a half acre or more. The people who occupy these residences were attracted to this area because it offered quiet "country" living away ' from the central business district of Owasso (and Tulsa for that matter}. We feel that the uses permitted under a classification of "CS" are incompatible with this objective. Location of one or more businesses on this tract would have a negative impact on the surrounding area in the form of increased trash, noise, and crime. ' We are additionally concerned about the potential for a traffic problem around this tract. Traffic often speeds down 76'~ Street in this area at a rate of 50 mph or more. There are three residential subdivisions which turn onto ~ 76`~ Street near Tract H. Were a convenience store to be located on Tract H, the additional congestion in this area coupled with the high speed traffic could create a safety hazard similar to the problem found in the 96'~ St. & Garnett area. We welcome the annexation of this area into Owasso and the residential development that could result from the proposed request, However, if approved, the uses permitted on Tract H would interfere with the peaceful enjoyment of the area by the surrounding residents without significantly improving their quality of life. We respectfully request that the Planning Commission deny the proposed zoning request as it relates to Tract H. S' a ly, ~~ ~~~/ P ale Prevett Cindi Prevett 7712 N 146th E Avenue and city management know exactly or a city manager who is hoping you how you feel, will do just that. Letters to the E'd i for rte •- - Editor, the Reporter: I received a call last evening from a concerned neighbor who had received a notifica- tion letter from the Owasso Community Development Director, Timothy D. Rooney; regarding a proposed change of the zoning classification to the property adjacent to my home. I did not receive aletter noti- fying me of any proposed changes although my property will be directly affected by these zoning changes. This notification was printed in the. May -25th Owasso Reporter in the classified sec- tion, however,~I still did not notice it. Therefore, I felt compelled to write this open letter bringing these proposed changes to your attention. The changes proposed may have an adverse affect on the property values and perhaps life styles of many Owasso resi- dents. The proposed changes in property zoning classification will be discussed at a public hearing which will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, at 7 p.m. on Tuesday, the 13th of June. At that time, the OPC will consider the request of Kaiser- Frances Oil Co., the applicant, to change the existing zoning of AG (Agriculture) to various other zoning classifications, including: Residential Duplex- es (RD), Residential Multi- Family (RM-1); Light Office (OL); and Commercial Shop- ping Center (CS) to name a few of the pro-posed zoning changes. The property in question is NEARLY ALL of the undevel- oped or pasture-land that is ,between 129th and 145th and between 86th St. and 76th St. North. This includes the corner just south of the Owasso High School and Junior High School (north and east of Copper Meadows). This particular corner will be designated as a Commercial Shopping Center and beside it on the east will be designated Residential Multi-Family. To the south of these two tracts will be designated Residential Duplex. With the opening of the new It has been proven that honest, unselfish people live the longest ... **s*• A carpenter covers up his mistakes; a doctor buries his; but newspaper people have a disadvantage in their errors because of the permanent nature of the profession. An error in the newspaper is duplicat- ed thousands of times, photocopied, then passed around for generations. Here are some errors one editor ran across. All were submitted as serious items, the writers never considering how their word choices might be construed or misconstrued. He can't help himself- hav- wr[ter concerned about rezoning request Ninth Grade Center across from the High School, I do not believe that we need to have the added congestion of many apartment dwellers at this corner. I would personally be on guard against the possibility of drawing an undesirable ele- ment (i:e. drug dealers) imme- diately adjacent to the High School, Jr. High and Ninth Grade Center. I certainly do not wish to sti- fle the growth of our lovely city. Present developers have done a lovely job of building the kind of homes and neigh- borhoods that are most desir- able in Owasso. However, I believe that we must take careful considera- tion and do extensive planning before this particular rezoning plan is approved by OPC. The possible consequences of making some of these rezon- ing changes could actually hin- der the growth of owasso as well as put our youth at risk. Citizens of Owasso, I encour- age you to get involved in your city's planning. Attend the public hearing June 13. Glenda Payne Owasso "`t'wenty some odd young children took part in the church program." (I wonder why they used only the odd children? And how odd did they have to be to take part?) *** Speaking of mistakes, I was typing an arti- cle about education the other day and dis- covered Ihad misspelled the word "educa- tion." Now that can .be embarrassing. What was worse, the spell check on this amazing computer didn't pick it up. It turned out the word "eduction" was a real word, meaning to arrive at a conclusion through reasoning. Had it gone as was, people would have educed me either educationally challenged nr icrhly enhnlarori . , the City Council and ~ ty by August 1. It is anticipated the tee will formulate ~ ~ financing a veterans through private dons. ~+ that public funds wi requested. For seevral years organizations and fa ,J veterans have voiced that the City of Owas: memorial dedicate ~! mmory of those who h .~ their country in mili vice, or the men anc who have given the: "~ military service. They say every time is raised, it has beer aside so other priorit From the Goi Last week I had the visiting Clinton, Okla company called Sinc building yet another progress for Oklahoma Tim Sinor operates ambulance service lances and fire rescue are something every c ty needs and Clintc vacant textile manuf facility. Sinor put one and one together and camp an answer that will u: provide jobs for more people. He's going ambulance and rescue business, using the building, some help "The most aggressor. ~u~~ Bedtime Stor Bedtime Stories Thursdays from 7 to ' and are for ages three However, families come to attend. Story t free and no registr required. Summer Read Program Children may comp library anytime and their "Discover Ame City of Owasso 1 207 South Cedar ~°"°`°""°o (918) 272-2251 ~ PO Box 180 ~ '- FAX (918) 272-4999 °; Owasso, OK 74055 ,~. ;', ' j . J ~ '. ~' _! ~4M1M"' NOTICE TO PROPERTY OWNER OZ-95-OS ' Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 13th day of June, 1995. At that time and place, the Owasso Planning Commission will consider a request from Kaiser-Francis Oil Company, applicant, for a proposed change of the zoning classification from an AG (Agriculture) District .to CS (Commercial Shopping Center); RM-1 (Residential Multi-Family Low Density); OL (Office ~ Light); RD (Residential Duplex); RS-3 (Residential Single-Family High Density); RS-2 (Residential Single-Family Medium Density; RE (Residential Estates) which would allow for a mixed use development. The subject property is described as follows: ' THE NORT~-IWEST QUARTER (NW/4) AND THE SOUTHWEST QUARTER (SW/4) OF THE NORTHEAST QUARTER (NE/4) AND THE WEST HALF (W/2) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION ~ 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, IBM CONTAINING 220 ACRES, MORE OR LESS AND ~ THE EAST HALF (E/2) OF THE SOUTHEAST QUARTER (SE/4) AND THE EAST HALF (E/2) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) AND THE NORTHEAST QUARTER (NE/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, IBM, CONTAINING 136.5 ACRES, MORE OR LESS. The subject property is North of E. 76th Street North, West of N. 145th E. Avenue, South of E. 86th Street North and East of N. 129th E. Avenue and is undeveloped. The subject property does not include Copper Meadows I and II or Graceland Acres. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Director, 207 S. Cedar Street. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. Information and maps showing the property location may be inspected in the office of the Community Development Director, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272-2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 26th day of May, 1995. Sincerely, ~~ ~'`~b 8 Timothy D. Ron y Community Deve opment Directo ' ~ ~ ~ ~ ~` RS-3 J AG ~ AG `~ f ~''~ _ __ _ _ __ ~ ownsso l BRENTWOOD --- _ ---- SsceHO~a~. r~ ~ 'c ESTATES . ....,. S .a .~'' .,, :P000 AG Q No. _ E. 86TH ~ ~NO=TH ~ . C .,.... SUBJECT .... ,.. - - - - - - - - - - -PROPERTY o. i / o "r .~ • ~• .o~. y ~ ~ ~ 4~ CT ,~ ' ~, [SST ~ ! M ~ }f-~I _ ~~t ~ - DOUBLE _ - ~~ RE ~ s .. ~. C S~ E. 76TH STREET NORTH . .~. E RE ~. f r-T-~ i / . N . Zoning Exhibft Owasso Land ~ r.n a e.omn ze, '`~' i rowndip YI -+aih IWp u EW, ilha CauiO~, old~han LTU- I ,~ ~_ Kaiser Francis 00 Company t ~'° ~ ,, ;1 ti' y4. ' "EXHIBIT A" NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA. CASE NUMBER OZ-95-O5. Notice is hereby given that a public hearing will be held before ' the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 PM on the 13th day of _ June, 1995. ~ At that time and place, consideration will be given to the proposed change of the zoning classification of the following ' described property: Beginning at the Northwest corner of Section 28, Township 21 ' North, Range 14 East, thence South 89°42'44" East along said section line a distance of 750.00 feet; thence due South for a distance of 940.00 feet; thence North 89°42'44" West for a ' distance of 750.01 feet; thence due North along the West section line of Section 28 for a distance of 940.00 feet to the Point of ~ Be ig nning_ Said area containing 16.22 acres more or less. from an AG (Agriculture) to a CS (Commercial Shopping Center) District. The general location of the property is South of the Owasso High School. Commencing at the Northwest corner of Section 28, Township 21 North, Range 14 East, thence South 89°42'44" East along ~ said section line a distance of 750.00 feet to the Point of Be ig nning; Thence continuing along said section line South 89°42'44" East for a distance of 600.00 feet; thence due South for a distance of 150.00 feet; thence South 28°46'32" East for a distance of 789.40 feet; thence due South for a distance of 100.00 feet; thence North 89°42'44" West for a distance of 980.01 feet; thence due North for a distance of 940.00 feet to the Point of Be inning Said area containing 16.90 acres more or less. from an AG (Agriculture) to a RM-1 (Residential Multi-Family Low Density) District. The general location of the property is Southeast of the Owasso High School. AND Commencing at the Northwest corner of Section 28, Township 21 North, Range 14 East, thence South 89°42'44" East along said section line a distance of 1350.00 feet to the Point of Be inning; Thence continuing along said Section line South 89°42'44" East a distance of 1302.30 feet; thence South 00°07' 18" West for a distance of 550.00 feet; thence North ~ 89°44'53" West for a distance of 1080.45 feet; thence North 28°46'32" West for a distance of 458.40 feet to the Point of Be inning:, Said area containing 15.43 acres more or less. from an AG (Agriculture) to an OL (Office Light) District. The y general location of the property is Southwest of Brentwood ' Estates. AND Commencing at the Northwest corner of Section 28, Township 21 North, Range 14 East, thence due South for a distance of ~ 940.00 feet to the Point of Beginning; thence South 89°42'44" East for a distance of 1730.02 feet; thence due South for a distance of 384.95 feet; thence North 89°42'44" West for a distance of 1730.02 feet; thence due North for a distance of 384.96 feet to the Point of Be inning_ Said area containing 15.24 acres more or less ~ from an AG (Agriculture) to a RD (Residential Duplex) District. The general location of the property is East of the First Presbyterian Church. AND Beginning at the Northwest corner of the Southwest Quarter of Section 28, Township 21 North, Range 14 East, thence due North for a distance of 1324.96 feet; thence South 89°42'44" East for a distance of 1730.02 feet; thence due South for a distance of 1320.62; thence North 89°50'35" West along the ~ Center Section Line of Section 28, for a distance of 1730.01 feet to the Point of Be inning Said area containing 52.58 acres, more or less from an AG (Agriculture) to a RS-3 (Residential Single-Family High Density) District. The general location of the property is North of Copper Meadows. AND ' Commencing at the Northwest corner of the Southwest Quarter of Section 28, Township 21 North, Range 14 East, thence South 89°51'21" East for a distance of 1730.01 feet to the Point of ' Be ig nnin~; thence due north for a distance of 1805.57 feet; thence North 28°46'32" West for a distance of 331.00 feet; thence South 89°44'53" East for a distance of 1080.45 feet; ^ thence South 0°07' 18" West for a distance of 771.54 feet; thence South 89°47'03" East for a distance of 1324.05 feet; thence North 0° 10'22" East for a distance of 1319.96 feet; thence South 89°42'44" East for a distance of 777.06 feet; ~ thence South 0° 15'50" West for a distance of 400.00 feet; thence South 89°42'44" East for a distance of 550.00 feet; ' thence South 0°15'50" West for a distance of 1100.00 feet; thence South 20°46'44" West for a distance of 750.00 feet; thence South 59°18'29" West for a distance of 850.00 feet; ' thence North 89°50'35" West for a distance of 2569.52 feet to the Point of Be inning Said area containing 151.74 acres more or less ' from an AG A riculture to a RS-2 Residential Sin le-Famil ( g ) ( g Y ' Medium Density) District. The general location is the center of the square mile section bounded by E. 76th and 86th Streets North and N.129th and 145th East Avenues. AND ^ Beginning at the Northeast corner of Section 28, Township 21 North, Range 14 East, thence South O1 ° 15'50" West for a distance of 400.00 feet; thence North 89°42'44" West for a distance of 550.00 feet; thence North 0°15'50" East for a ~ distance of 400.00 feet; thence South 89°42'44" East for a distance of 550.00 feet to the Point of Be ig nning: Said area ~ containing 5.05 acres more or less from an AG (Agriculture) to OL (Office Light) District. The general location is the Southwest corner of E. 86th Street North and N. 145th E. Avenue. AND Beginning at the Southeast corner of Section 28, Township 21 North, Range 14 East, thence North 89°59'46" West for a distance of 500.00 feet; thence North 0° 13'27" East for a distance of 400.00 feet; thence South 89°59'46" East for a distance of 500.00 feet, thence South 0° 13'27" West fora distance of 400.00 feet to the Point of Be inning Said area containing 4.59 acres more or less ' from an AG (Agriculture) to CS (Commercial Shopping Center) District. The general location is the Northwest corner of E. 76th Street North and N. 145th E. Avenue. AND +I Commencing at the Southeast corner of Section 28, Township 21 North, Range 14 East, thence North 89°59'46" West for a distance of 500.00 feet to the Point of Be inning; thence North 89°59'46" West for a distance of 820.52 feet; thence North ~ 0°10'22" East for a distance of 2640.24 feet; thence South 89°50'35" East for a distance of 330.00 feet; thence North 59°18'29" East for a distance of 850.00 feet; thence North 20°46'44" East for a distance of 750.22 feet; thence South 0° 15'50" West for a distance of 1138.62 feet; thence South 0°13'27" West for a distance of 2237.02 feet; thence North ~ 89°59'46" West for a distance of 500.00 feet; thence South ~ 0°13'27" West for a distance of 400.00 feet to the Point of Be inning_ Said area containing 83.86 acres more or less + from an AG (Agriculture) to RE (Residential Estates) District. The general location is North of the Northwest corner of E. 76th Street North and N. 145th E. Avenue. All persons interested in this matter may be present at the ~ hearing and present their objections to or arguments for the above matter. In the event that such proposed amendment is approved, in . whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendations to the City Council of the City of Owasso for its consideration and ,, action, as provided by law. The City Council's review of the recommendation of the -' Planning Commission on the proposed amendment of the zoning classification shall be at a meeting time and place to be ~ determined by the Council, said information to be available from the Owasso City Planner. _ ^ i~ i~ ii A map showing the proposed zoning change accompanies this notice. For more information on the proposed rezoning contact the Owasso Community Development Director, City Hall, 207 S Cedar, Owasso, Oklahoma 74055, or phone (918) 272-2251. Dated at Owasso, Oklahoma, this 22nd day of May, 1995. 1 ii i~ i~ i~ i~ i~ Timothy D. Rooney Community Development Director B. WAYNE ALBERiY Planner PLANNING • ARCHITECTURE MICHAEL F. DWYER, A.I.A. Architect June 21, 1995 Owasso City Clerk c/o Timothy Rooney Community Development Director City of Owasso P.O. BOX 180 Owasso, OK 74055 RE: OZ-95-OS (KAISER-FRANCIS OIL CO.) Dear Mr. Rooney: Pursuant to Section 1530.3b. Owasso Zoning Code please consider this our written request for a hearing by the City Council of OZ-95-O5. We hope this matter can be set on the July 6, 1995 agenda of the Owasso City Council. In addition to the amendment made at the Owasso Planning Commission hearing of "Tract H" of our application where we agreed to RE zoning instead of the requested CS, we are withdrawing "Tract B" the RM-1 portion of our application. We request Tract A and Tracts C thru H be considered as requested and recommended by the Planning Commission staff. We trust this removes the controversial area of our application and will allow the City Council to consider the balance of our request which was not in dispute. Please notify at your earliest convenience of the hearing date before the Owasso City Council. Sincerely, A/D GROUP B. Wa Albert Y Y 201 West Fifth /Suite 570 /Tulsa, Oklahoma 74103-4279 / 918/583-6733 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: RODNEY J RAY ' CITY MANAGER ' SUBJECT: REQUEST FOR RECREATIONAL FACILITY PROJECT AGREEMENT ~ DATE: June 27, 1995 ' BACKGROUND: ' The 1992 golf course Revenue Bond issue contains a recreational facility agreement between the City of Owasso and the Owasso Public Golf Authority. This agreement was included as an ~ enhancement in the process of marketing the revenue bonds. The agreement contains no language that binds the City in any way to any financial bail out of the project in case of default. The restriction is clearly defined in section three and four of the agreement (see attached document). ~ This agreement does allow the City Council to review the financial picture and the status of the golf course operations and to make decisions based on that information. The attached agreement ' has been discussed with and reviewed by Mr Cates. Please note that, if renewed, this agreement will terminate on June 30, 1996 and under the agreement's current conditions, a request for ' renewal will be presented to the Council on an annual basis. If approved, the OPGA will execute their portion of the agreement at their next regular meeting. RECOMI~~NDATION: ~ The staff recommends that the Mayor be authorized to execute the Recreational Facilities Project Agreement, which makes no requirement upon the City for the payment of any obligation incurred by the OPGA. ATTACHMENT: 1. Recreational Facilities Project Agreement ~~ L3ANK OF OKLAHOMA N.A. Bank of Oklahoma Tower P. O. Box 2300 Tulsa, Oklahoma 74192 June 8, 1995 Ms. Sherry Bishop, Finance Director Owasso Public Golf Authority 207 South Cedar Owasso, OK 74055 RE: Owasso PGA, Series 1992 Dear Ms. Bishop: Just a reminder that the Project Agreement for year ending June 30, 1995 is due for the above captioned issue. The report is due by July 1, 1995, per Section 6 of the Project Agreement. Please forward a copy to my attention as soon as possible. Should you have any questions in this matter, please feel free to contact me at (918) 588-6843. Sincerely, -~~ ~` _ ~_ It~Sandborn enior Administrative Assistant Corporate Trust Group RECREATIONAL FACILITIES PROTECT AGREEMENT THIS AGREEMENT is made and entered into and effective as of the 1st day of July, 1995, by and between THE OWASSO PUBLIC GOLF AUTHORITY, an Oklahoma public trust (hereinafter called the "Authority"), created pursuant to the laws of the State of Oklahoma (particularly, but not exclusively, Title 60, Oklahoma Statutes 1981, Sections 176 to 180.3, inclusive, and the Oklahoma Trust Act), and the CITY OF OWASSO, OKLAHOMA, a municipal corporation (hereinafter called the "City"). WITNESSETH: ~ WHEREAS, the City authorized the Authority to incur indebtedness providing funds for the payment of the costs of constructing, acquiring and equipping an eighteen hole golf course in the City of Owasso (the "Project"); and WHEREAS, the Trustees of the Authority fmanced the Project through the issuance of the Authority's Recreational Facilities Revenue Bonds, Series 1992, in the aggregate principal amount of $4,905,000 (the "Bonds"); and WHEREAS, it has been determined that the Project will further the implementation of the public health and welfare of the City, which purposes are authorized and proper functions of the Authority; and WHEREAS, the Authority has entered into a Bond Indenture, dated as of January 1, 1992 (the "Indenture"), with Bank of Oklahoma, National Association, Tulsa, Oklahoma, as Trustee (the "Trustee"); and WHEREAS, all things required to be done to make this Agreement a valid and binding agreement by and between the City and the Authority have been done, happened and performed. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. Issuance of Bonds by the Authority. The Authority agrees to proceed with the construction and equipping of the Project and to prosecute such use diligently until completion. 2. Project Payments. If and in the event the Authority is unable to make the payment, or any portion thereof, into the Bond Fund, when due, pursuant to Section 6.01 (B) of the Indenture, from Authority revenue, then in such event, the City will give consideration to the funding of such payment, or any portion thereof, provided, however, there exists available, unappropriated and unencumbered funds of the City, and further, subject to the discretionary appropriation of same by the City. In addition, such payments shall be used as set forth in the Indenture and shall be in such amounts as are necessary for the payment when due (whether upon the schedule due date, upon purchase, or acceleration, or otherwise) of (a) principal of and interest on the Bonds coming due at such time, and (b) all other amounts due under the Indenture, provided that, additionally, the City may during such consideration require operational, policy, and management changes as a condition of any funding or subsidy appropriation. 3. Citv Not Obligated Bevond Its Fiscal Year It is hereby acknowledged that under applicable Oklahoma law, the City may not become obligated beyond is fiscal year (July 1 through June 30) and therefore, the covenants made herein by the City shall be on a year-to-year basis. Payment of the Project Payments as set out herein is subject to availability of funds and the discretionary appropriation thereof by the City. Anv Bonds issued by the Authority shall in no way be or become an obligation of the Cites 4. No Default: Financial Statements. The City is not in default in the performance, observance or fulfillment of any material obligation, covenant or condition contained in any material agreement or instrument to which the City is a party of by which the City or any of its property is bound or in any of the obligations, covenants or conditions contained in this Agreement. The financial statements of the City as and for the period ended June 30, 1994, supplied to the Authority fairly present the financial status and operating results of the City as of such date and for the period covered thereby and there has not been any material adverse change in the financial condition of the City since such date; and to the best knowledge of the City, the Annual Report of the City dated June 30, 1994, heretofore delivered to the Authority does not contain any untrue statement of a material fact and does not omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. The City hereby agrees to supply to the Authority the annual report and other financial statements prepared by the City no later than December 1 annually, and such other financial information of the City as the Authority may from time to time reasonably request. 5. Third Party Beneficiary Contract. It is understood and agreed that this Agreement is a third party beneficiary contract for the benefit of the owners of the Bonds and may be pledge and assigned by the Authority as security for the Bonds to be issued pursuant to the Indenture. 6. Term. The primary term of this Agreement was for a term commencing on August 1, 1992 and terminating on June 30, 1993. The city may, at its option, renew this Agreement for successive one (1) year terms commencing on July 1, 1993, and on each successive July 1 thereafter, until payment or provision for payment has been made for all Bonds by taking such official action as may be required by law to effect such renewal on or before July 22 of such year. Each such renewal term shall be upon all of the terms, conditions and provisions herein contained. A copy of the official action effecting each such renewal shall be delivered to the Authority and the Trustee within ten (10) days after the taking thereof. 7. Notices. Any notice or other communication required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as listed below, or to such other address as the party concerned may substitute by written notice to the other: If to the Authority: The Owasso Public Golf Authority c/o Chairperson 207 S Cedar Owasso, Oklahoma 74055 2 If to the City of Owasso: City of Owasso c/o City Clerk 207 S Cedar . Owasso, Oklahoma 74055 8. AQplicable Law. It is the intention of the parties that the laws of the State of Oklahoma shall govern the validity of this Agreement, the construction of its terms and interpretation of the rights and duties of the parties. 9. Amendment of Agreement. No amendment or modification hereof shall be deemed valid unless first reduced to writing and signed and dated by both parties hereto and unless written consent thereto of the Trustee and, under certain circumstances, of the Bondholders has been obtained as more fully set forth in Section 11.02 of the Indenture. Fully executed copies of this Agreement shall be deemed for all purposes as duplicate originals. ' 10. Partial Invalidity of Agreement. Should any section, clause or provision of this Agreement be invalid or void for any reason, such invalid or void section, clause or provision shall not affect the whole of this instrument, but the balance of the provisions hereof shall remain in full force and effect. 11. Section Headings Not Controlling. The headings of the several sections of this Agreement have been prepared for convenience of reference only and shall not control, affect the meaning of, or be taken as an interpretation of any provision of this Agreement. 12. Binding Agreement. This Agreement shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. The City hereby acknowledges that this Agreement will be pledged to the Trustee for the holders of the Bonds, and the Ciry consents to such pledge. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. CITY OF OWASSO, OKLAHOMA a municipal corporation (SEAL) By: Charles L Burris, Mayor ATTEST: Marcia Boutwell, City Clerk 3 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCII, CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: RESIDENTIAL NEIGHBORHOOD TRAFFIC CONTROL POLICY DATE: June 28, 1995 BACKGROUND Due to an increase in requests for varying traffic control in residential neighborhoods, a committee consisting of Chief Alexander, Robert Carr, and myself was formed to establish a policy which would clearly state the city's policies regarding residential traffic control. It was also a goal of the committee to provide astep-by-step process in which to review a request for stop sign placement in a residential addition as well as provide information and direction to the citizen requesting additional traffic controls. The committee began meeting in January, had developed a draft policy which was forwarded to the Council in March for review and comment, and is now requesting that this policy be adopted by the City Council. A copy of the proposed policy is attached for your information and review. The policy includes a background of the identified problem, a policy for the placement of stop signs, and addresses common concerns of "Children Playing" signs, placement of speed limit signs and speed bumps, and desired street design in residential neighborhoods. The policy also includes an example of a request for a stop sign at the corner of E. 78th Place North and N. 120th E. Avenue, as well as a petition, from which a citizen requesting a stop sign can obtain some direction. It is staff s opinion that the adoption and utilization of this policy is extremely important in assisting citizen's in understanding why stop signs are placed at their specific locations. The policy provides staff direction when receiving a request from a citizen regarding the placement of a stop sign in their neighborhood as well as providing beneficial information to the citizen. Adoption of this policy would not necessarily mean that installation of a stop sign at a specific location would be prohibited if it did not meet the count and distance requirements. A citizen requesting an additional stop sign that did not meet the policy could always approach the Council and request that their individual request be considered. The proposed policy is only meant to be a guide for both the citizen and staff. RECOMMENDATION Staff recommends approval and adoption of the Neighborhood Residential Traffic Control Policy. ATTACHMENTS: 1. Neighborhood Residential Traffic Control Policy. s CITY OF OWASSO POLICY ON RESIDENTIAL NEIGHBORIi00D TRAFFIC CONTROL FEBRUARY 1, 1995 1.0 BACKGROUND 1.1 The traffic control needs in residential neighborhoods are significantly different than those in other areas of the city and on the arterial streets which crisscross our community. The primary traffic concerns articulated by residents and neighborhood associations throughout the city are to discourage outside traffic from cutting through the neighborhood and to discourage all traffic, residents and nonresidents alike, from traveling at excessive speeds. 1.2 Obviously speed limit signs alone do not eliminate speeding, and the level of enforcement required to control the problem is often not probable. 1.3 Many things are being tried by cities around the country including CHILDREN PLAYING signs, speed bumps, signs warning of enforcement methods and consequences, roadway constrictions, traffic barriers and diverters, rumble strips, neighborhood education programs, and STOP signs. 1.4 The Federal Highway Administration's Manual on Uniform Traffic Control Devises sets forth the basic principles that govern the design and usage of traffic control devises for all public streets and highways. Traffic control devices include all signs, signals, markings, and devices used to regulate, warn, or guide traffic. This manual specifically indicates the types of conditions under which STOP signs are recommended. It strongly discourages the use of STOP signs for speed control. 1.5 Experience has shown that when STOP signs are installed in an obvious attempt to control speeding by imposing delay on all traffic, the vast majority of drivers will slow to a "rolling stop", but that an occasional driver will flagrantly run the STOP sign either as an intentional act or because they do not notice the sign in a somewhat unexpected location. The reduced hazard hoped for slowing traffic is offset to a degree by the hazard caused when a driver unexpectedly violates a STOP sign which other drivers and pedestrians assume they will obey. 1.6 Requiring vehicles to stop more frequently than necessary has the side effect of increasing exhaust emissions and noise. A vehicle traveling at a uniform speed produces less noise and air pollution than one which must brake to a stop and then accelerate to its original speed. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE20F4 1.7 After considering the costs and impacts of the various methods which have been tried around the country, it is staff s conclusion that a judicial use of STOP signs to discourage speeding and cut through traffic is reasonable and appropriate in our residential neighborhoods. We acknowledge that the desire to move traffic efficiently is not the only factor to be considered when dealing with residential traffic control. 1.8 The objective of this policy is to allow the use of STOP signs at reasonable spacings along collector and cut through 'type streets which tend to have the most troublesome speeding problems. This policy deliberately prevents the widespread proliferation of multi-way STOP signs throughout our neighborhoods on short, local side streets. It also deliberately prevents an excessive number of interruptions to the collector streets over which many residents travel several times each day. 2.0 STOP SIGN POLICY 2.1 In neighborhoods with grid street patterns, alternating the direction of existing 2- way STOP signs at selected locations will be considered in order to interrupt excessively long, unbroken segments. A fairly uniform interruption to both north-south and east-west streets will be the goal. In these areas, multi-way STOP signs will be the exception rather than the rule. 2.2 STOP signs will be installed at intersections only. No midblock STOP signs will be installed under any condition regardless of the lengths of the blocks. 2.3 STOP signs will be placed in proper relationship to the physical intersection regardless of the aesthetic impact on the abutting property. 2.4 The weekday traffic volume must exceed 300 vehicles per day at the midpoint of the street segment being considered for interruption; and 2.5 Speed studies must show that more than 10 % of the vehicles are exceeding the posted speed limit by more than 10 (ten) miles per hour. 2.6 The addition of STOP signs to discourage speeding and cut through traffic shall desirably break the street into approximately 0.25 mile segments (1300'). No segment shorter than 1000' shall be created under normal circumstances. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL PAGE30F4 2.7 Streets which may cut through residential areas but which are obviously designed to carry significant amounts of non-neighborhood traffic will not be interrupted by STOP signs. These streets typically have STOP signs on all entering side streets and are striped with a centerline. 2.8 When a street segment is requested to be interrupted with STOP signs for the purpose described in this policy, the evaluation process will consist of the following steps: a. Review the physical features of the requested street segment to determine the length of the segment and the presence or absence of candidate intersections which meet the spacing requirements of this policy. b. Count the traffic volume and record traffic speeds at the approximate midpoint of the street segment to determine if the threshold values are met. c. Once the candidate locations are confirmed, the requesting individual or group will be asked to provide a petition indicating a desire to in fact have STOP signs installed at the specified intersections in an attempt to discourage speeding and cut through traffic. The petition is to be targeted only to those households whose homes front the street segment being considered for interruption. At least 50 % of the fronting households must indicate their desire for the STOP signs or the signs will not be installed. 3.0 CHILDREN PLAYING SIGN POLICY 3.1 CHILDREN PLAYING signs will not be used in the Ciry of Owasso. There is no evidence that these signs have any affect on traffic speeds or on the behavior of those individuals who drive most recklessly through residential neighborhoods. They warn of a universal hazard which is self-evident in any residential area in the city. The existence of CHILDREN PLAYING signs on one block, or one street, or in one neighborhood certainly would not mean that the hazard exists only where signed. The signs may in fact only give parents and children a false sense of security in regard to being in or near the street. CITY OF OWASSO POLICY ON NEIGHBORHOOD RESIDF.N'i`iAT, TRAFFIC CONTROL PAGE 4 OF 4 4.0 SPEED LIlVIIT 25 SIGN POLICY ~ 4.1 SPEED LIlVIIT 25 signs will normally be provided at every major entry point to ~ a neighborhood where traffic leaves the arterial street and enters the residential area. The sign is to serve as a reminder of the prevailing residential speed limit. 4.2 SPEED LIlVIIT 25 signs will not normally be installed at interior locations within ~ a neighborhood unless the street serves as a collector or cut through street and extra reminders of the speed limit seem advisable. ' S.0 SPEED BUMP POLICY ' S.1 Speed Bumps will not be used on public, dedicated streets in the City of Owasso. Speed bumps create a new and different type of hazard caused by excessive speeding. They can cause drivers to lose control and vehicles to leave the ' roadway. They cause serious problems for emergency vehicles and motorcycles. They can create a serious liability problem for the city if used on public streets. t 6.0 RESIDENTIAL NEIGHBORHOOD DESIGN 6.1 Minor streets shall be arranged so that their use by through traffic will be ' discouraged. Minor streets shall be curved whenever possible to avoid the use of through traffic. t 6.2 The rigid rectangular grid street pattern will be discouraged and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged in order _ to avoid the use of through traffic. 6.3 Collector streets shall be so located as to provide for smooth traffic flow from local streets to arterials. Collector streets should normally be continuous for distances not more than one half (1/2) mile, and offsets which are likely to induce continuing traffic flow beyond that distance shall be avoided. i " ~yS,. ~ dLnd N ~' 9 d..• ~~'. 1 y~. `~~ e Isl T. - BQ Ih PL. i~ / ~~ ~s- 79 rh CT. ~ ~ W 1i /~ (( ___.. W a r f~ u ¢ a )I = r ~ 1. ~/ "a "a N ELM \~ ~?~ - W CREEK ~;~ /~ ~ ~~- ` PAR -"~ Tern sT. ~ : ~ ~ ~~`-1 ~~ w N PROPOSED 3-WAY STOP. TT th PL N. w a 7 ih ST. H. W - RS- ~_ N ~~ M ~~ , T6th PL. N T61h PL. K CS .. .... ---~---- '"' ~ 7 6 T f- 0 T~h F :- E M W AG ADDRESS LIST 120TH E. AVEN (E. 76TH STREET N TO E. 80TH STREET N) West Side of N. 120th E. Avenue East Side of N. 120th E. Avenue 7602 N. 120th E. Avenue 7601 N. 120th E. Avenue 7604 7603 7704 7605 7706 7607 y~ 770$ 7701 4 7710 7703 Q~ 7880 7705 ~~ 7884 7707 7888 7709 7902 7711 7904 7713 7906 7715 7908 7717 7910 7719 7914 7721 791.8 7723 7922 7881 7926 7885 7889 7901 7907 7911 7915 7919 7923 7925 7927 We, the residents whose homes and front yards face the street segment defined as N. 120th East Avenue between E. 76th Street North and E. 80th Street North, request that the City of Owasso install multi-way STOP signs at the intersection of E. 78th Place North and N. 120th East Avenue in an attempt to discourage excessive speeding and cut-thru traffic on our street. (23 out of 46 households required) Signature House Address Date ~~~ ~~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO EXTEND 199495 IAFF CONTRACT DATE: June 29, 1995 1 BACKGROUND• Labor negotiations between the City and the firefighters (IAFF Loca12789) for fiscal year 1995- 96 were initiated on March 13, 1995 and continued on a regular basis until June 19, 1995. At that time negotiators for the union declared impasse (see attachment) and requested arbitration through the Federal Mediation and Conciliation Service. Due to the extended negotiations and resulting declaration of impasse, it is now clear that a 1995-96 contract with the IAFF will not be in place prior to June 30, 1995, the end of the term of the current contract. In 1992, the Oklahoma Supreme Court ruled that contracts between cities and employee bargaining units were not allowed to contain "evergreen" clauses (Del City vs IAFF). "Evergreen" clauses were originally designed to allow a labor contract to remain in effect after ~ its term had expired until a successor agreement had been negotiated and ratified. The 1992 State Supreme Court ruling was upheld in 1993 after a hearing on a petition by the union ' requesting the case be retried. The court denied the petition, thus implementing its 1992 ruling on the case. Because of that ruling, all municipal contracts with bargaining units expire on the date set forth in the contract. While there can be advantages in having a contract expire, there can also be abuses. Generally, our city position has been to continue, by Council action, contracts of bargaining units when those contracts expire and a successor agreement has not been reached. My position is that, in most cases, it would be unfair and poor employee relations to cease abiding by a previously agreed upon contract because the term has expired. Therefore, I agreed in pre-negotiation meetings to support the extension of our current contracts with the IAFF and FOP in the event 1995-96 negotiations had not produced executed contracts by June 30, 1995. We have, in fact, executed a new contract with the FOP, but have not successfully completed the process with the firefighters. EXTENSION OF IAFF CONTRACT June 29, 1995 Page 2 Since we do not have a new IAFF contract and the June 30, 1995 expiration date has passed, it is incumbent upon management to fulfill the commitment to the IAFF and request City Council consideration of a request to extend the 1994-95 contract between the City and the IAFF until such time as a new contract is approved and executed. REQUESTED ACTION: Mr Cates has been consulted and advises that in order to extend the 1994-95 IAFF contract, all that is required is a majority of affirmative votes on a motion to extend the 1994-95 IAFF contract. Therefore, the requested action is for the City Council to extend that contract in the manner suggested by the City Attorney. STATUS OF CURRENT NEGOTIATIONS: The two parties have named interest arbiters and have requested a list of seven neutral arbiters from the Federal Mediation and Conciliation Service. That list should be received within two to three weeks. Upon receipt of the list, the two sides will meet and begin striking names until only one name remains. The final arbiter left on the list is the person who will conduct the arbitration hearing. Expectations are that the arbitration hearing will be conducted in August, with a ruling delivered in late September. NOTE: Please note that both parties have agreed to bypass mediation and proceed directly to arbitration. While mediation is often a productive process, in this case both sides have indicated an unwillingness to agree that any further compromise is possible. Since neither side is willing to put anything else "on the table", mediation is not an advisable step in this case. RECOn~IlVIENDATION: The staff recommends Council approval of an extension of the 1994-95 contract between the City of Owasso and the IAFF (L.oca1 2789) until such time as a new agreement can be reached. ATTACHMENT• 1. Correspondence from IAFF ^ ...-.~~ FRED MOORE, ARBITRATION COUNSEL Mr. Rodney Ray, City Manager City of Owasso 207 S. Cedar Owasso, Oklahoma 74055 ~~r I ~~I ~-/~ ~~r~~~~• 6103 Melrose Lane Oklahoma City, Oklahoma 73127 (405) 789-0061 June 19, 1995 Sent by Fax (and U.S. Mail) Dear Sir: Re: Invoking Arbitration Procedures 11 O.S. (1994) §51-101, et seq. ~ This is to notify you of the Bargaining Agent, Loca12789 IAFF's determination to invoke the arbitration procedures in the above-referenced Act for new contract term arbitration with the ' City of Owasso. ~ I have been selected by the Union as their Interest Arbitrator in this matter. My contact information is listed above. As provided in the Act, the City has five (5) days to have their selected Interest Arbitrator notify me with his contact information so that the two so selected may proceed toward selection of an impartial Arbitrator in an effort to resolve this dispute. If you have any questions concerning the foregoing, please contact me at your earliest convenience. Very truly yours, ~v~~ '~ Fred Moore, Interest Arbitrator IAFF Loca12789 ~ cc: Mr. Mike Sole Mr. Gordon Carriger Mr. Larry Gooch ' o eiu #381/ v P P ~ 207 South Cedar PO Box 180 Owasso, OK 74055 June 21, 1995 City of Owasso 72 51 FA 19 ) 27 999 Mike Sole, President International Association of Firefighters, Local #2789 P.O. Box 510 Owasso, OK 74055 Dear Mike, In recognition of the fact that the IAFF has declared impasse in negotiations relating to the 1995-96 contract, I am submitting this correspondence to the IAFF reaffirming my commitment to continuing the 1994-95 contract until a subsequent contract is agreed upon. A recommendation stating my commitment and a request for action will be presented to the City Council at their next regular meeting. Sincer , Rodney J. Ray City Manager MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO RENEW JUVENII.E JURISDICTION AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA DISTRICT COURT SERVING TULSA COUNTY DATE: June 22, 1995 BACKGROUND: On February 16, 1993, the City Council authorized the Owasso Municipal Court to enter into an agreement with the Tulsa County District Court for the purpose of allowing the municipal court to assume jurisdiction over certain juvenile misdemeanor offenses. Those offenses covered in the agreement included vandalism, shoplifting, trespassing, assault, assault and battery, battery, truancy, disorderly conduct, and public intoxication. The purpose of the arrangement is to encourage local communities to provide some form of "early intervention" in an effort to prevent young offenders from re-entering the justice system again and again. Subsequently, on August 16, 1994, the Council approved a renewal of that agreement. Since initiating the agreement, the Owasso court system has processed a total of 198 juvenile offenders. In conversations with the Police Chief, City Prosecutor, Municipal Judge, Court Clerk and City Attorney, it is apparent that all of the involved parties agree that the program is worthwhile and should be continued. Initially, there was a concern relating to the potential cost of the program. While that concern is still present and should be considered, the program to this point has not created any unanticipated costs. Even though the Council has approved and renewed this agreement, the Attorney General has ruled that these types of interlocal agreements must be renewed each year. The proposed renewal agreement contains minor changes from the original document due to legislative actions resulting from House Bill 2640, and extends the agreement to June 30, 1996. The agreement is attached for your review. Additionally, please note that Mr Cates, City Attorney, has reviewed the agreement for form and content. REQUEST TO RENEW JUVENILE JUSTICE AGREEMENT June 22, 1995 Page 2 RECOMI~~NDATION: The staff recommends Council approval of the renewal of the Agreement for Municipal Court Jurisdiction of Juveniles, and that the Mayor be authorized to execute such document. ATTACHMENTS: 1. Correspondence from Judge Hilsabeck 2. Renewal Agreement 3. Memorandum Dated February 16, 1993 (Background Information) 4. City Attorney Opinion #93-2 (Background Information) I MEMORANDUM TO: RODNEY J RAY CITY MANAGER FROM: HONORABLE MICHAEL HILSABECK ' MUNICIPAL COURT JUDGE SUBJECT: RENEWAL AGREEMENT FOR MUNICIPAL COURT JURISDICTION OF JUVENII,ES DATE: June 29, 1995 ' During its first year, the juvenile program approved by the City Council in 1993 has proven to be successful. We have had 198 juveniles successfully complete a combination of community service, counseling, and restitution, along with various safety reports, and pay the minimal court ' cost. It would appear that this agreement is helping the City of Owasso and the State of Oklahoma reach the goal of curbing the number of repeat offenders, thus reducing the number ~ of juveniles that would be transferred to the Juvenile Bureau District Court. Based on our experience, I would recommend that the City Council approve the renewal agreement and authorize the Judge and Mayor to execute the document. i'I~ AGREEMENT FOR MUNICIPAL COURT JURISDICTION CONCERN{NG JUVENILES This agreement is made by and between the Oklahoma District Court serving Tulsa County, otherwise known as Judicial District 14 (District Court) and the City of (City), under authority of 10 Oklahoma Statutes §1102 E under which municipalities are authorized to assume jurisdiction of certain specified juvenile misdemeanor offenders, pursuant to interlocal agreements with the District Courts. The express purpose of this agreement is to enable the City to establish, dev®lop, and implement various prevention or eariy intervention programs for local juv®nile misdemeanor offenders. By implementing such a program, the resources available to the District Court can be focused more efficiently on more serious juvenile offenders, including felony offenders and juveniles with significant histories of repeat offenses. DURATION This Agreement shall be in effect from July 1, 1995 through June 30, 1996. Thereafter this Agreement may be renewed for successive one year periods corresponding with the City's fiscal year of July 1st to June 3bth. The Agreement shall terminate automatically on June 30th of each year unless the District Court and the governing body of the City renew the Agreem®nt for another year. If either party desires to terminate the Agreement, the terminating party shall notify the other party in writing of its desire to terminate by May 1 at of the fiscal year preceding termination. Either party may request a modification of the agreement by making a written request identifying the desired amendments, or the subject matter thereof, at least forty-five (45) days in advance of the negotiations concerning such amendment. OBLIGATIONS OF THE CITY: 1) The City shall assume jurisdiction of offenders who meet the following criteria: a. Are under eighteen (18) years of age; b. Are not presently under the supervision or treatment of the Tulsa County District Court system and do not have charges pending there; c. Have been charged for violating municipal ordinances relating to Trespassing, Public Intoxication, Vandalism, Shoplifting, Assault, Battery, Assault and Battery, Truancy, Curfew Violation, possess~an of Non-Intoxicating Beverages, Possession of Alcoholic Beverages, Disorderly Conduct or other offense I~sted in 1 ~. 2) t 3, ' ., s, 10 4. S. 1102 E; Have not been certified as an adult for any purpose pursuant to 10 0.~. §1112, to the best of the City's knowledge, Upon conviction or upon admission to a deferred sentence program, punishment and conditions of probation imposed may include any one or all of the following: a. A fine not to ®xceed the statutory maximum of the Municipal. Court; b. Community service work, not to exceed ninety (90) hours, in lieu of a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage does not result in & number which exceeds the maximum fine authorized by law; c. Restitution; Counseling or other community-based services; and e. Court costs. The City shall keep all municipal arrest records, prosecutian records, court records and court proceedings for cases involving prosecutions under this contract confidential and shall not open them for public inspection except by order of the Municipal Court or in conformity with the statutes or regulations adapted pursuant to 10 O.S. §820.6 and 10 Q.S. §1125-1125.4. If a municipal citation is written to a juvenile meeting the above criteria, the Municipal Court hearing date shall be indicated on the citation and notification of the citation(s) shall be mailed to the parents, guardian, or responsible adult relative of the juvenile. If the juvenile is arrested and meets the criteria set forth under the contract, under circumstances where the citation and release procedure would not be appropriate (e.g. intoxication), the City shall make reasonable efforts to locate the parent, guardian, or responsible adult to take custody of the juvenile or may temporarily detain the juvenile pursuant to 10 O.S. §1102(E)(2). The City shall provide to the District Court law enforcement reports and related documents for all juveniles referred to the District Court for prosecution and all juveniles who will be prosecuted for misdemeanor criminal offenses in the Municipal Court. Reports regarding juveniles who will not be prosecuted in either court shall not be forwarded to the pistrict Court. It is expressly understood that prosecution in Municipal Court will constitute a bar of double jeopardy against any subsequent prosecutian in District Court for the same offense. 2 6) 7) 8) Atl fines and administrative fees generated as a result of prosecution of juveniles under this contract shall be placed in one or mare special accounts, and used solely to fund; a, Local programs which address problems of juvenile crime, including without limitation offender counseling, early intervention, community service and teen court programs; b, The costs of prosecution; c. The costs of detention; and d. Administrative costs related tv local pro~rams that address problems of juvenile crime or related to the prosecution, etention, or punishment authorized by statute. The City shall provide the District Court a copy of the most recent audit report of its Municipal Court operations for each year during the life of this contract or any extension thereof. It is understood, however, that this Agreement does not impose any additional recordkeeping requirements on municip2l governments or officials, Representatives of the District Court and the City shall meet periodically to share information and to review and evaluate the success of procedures implemented to prosecute and treat juvenile offenders, STATUS OF VAR{OUS EMpLOYEE$~JOINT PROPERTY No joint employment is created by this agreement far any purpose and each party will be solely responsible for the payment of their respective expenses, including, but not limited to, wages, salaries, and consideration paid on subcontracts. No joint property shaft be acquired. NpTIGE In the event parties need to discuss specific problems, or in the event any notice required under this contract needs to be served, the City may be contacted through the Office of the The District Court may be contacted through the Office or the Chief Juvenile Judge at 315 South Gilcrease Museum Road, Tulsa, 4klahama, 74127, (918) 596-5971. 3 i~ Dated this ~ day of , ~ 995. Chief Juvenile Judge Juvenile Division of the District Court 14th Judicial District Approved as to form and content: District Attorney's Office Approved by City Council of the City Mayor Municipal Judge Attest: City Cleric (seal) Approved as to form and content: City Attorney's 4ffiae 4 ~MORANnuM TO: HONORABLE MAYOR AND COUNCIL MEMBERS CITY OF OWASSO FROM: RODNEY J. RAY, CITY MANAGER SUBJECT: REQUEST FOR COUNCIL APPROVAL OF AG ~ + + BETWEEN CITY AND DISTRICT COURT PROVIDING FOR LOCAL COURT JURISDICTION IN CERTAIN JUVENILE MISDEMEANOR OFFENDERS DATE: FEBRUARY 16, 1993 BACKGROUND The 1991 legislative session passed House Bill No. 1761 that amended Title 10, O.S. Section 1102(E). The legislation allowed local municipal courts; if authorized by their City Council, to enter into an agreement with the district court to assume jurisdiction of cases involving children under eighteen (18) years of age who have been charged with violation of municipal ordinances relating to vandalism, shoplifting, trespassing, assault, battery, assault and battery, truancy and public intoxication. Under the enabling legislation, the municipal court may impose fines,. community service requirements, restitution to victim(s) or any combination as authorized by law. Additionally, the court may require the child to receive counseling or other community-based services designed for prevention or early intervention impact. The legislation focused on two goals. One of those goals was to allow the local jurisdiction an opportunity to get involved in juvenile cases early- with local programs and local, knowledgeable people. The rationale being that local people will have a stronger commitment to solving their own juvenile problems as well as a better knowledge of what solutions best meet the offenders' needs. The second goal of the program is to reduce the district's juvenile court case load so that it can focus on the more serious (felony) juvenile offenders within a reasonable timeframe. The agreement is attached for your review and requires Council approval and the Mayor's signature as well as the signature of the Municipal Judge. This agreement is an opportunity for the municipal court to deal with a misdemeanor juvenile offender quickly and in a manner that will have a positive impact on the youth. It should be noted, however, that there are costs that may be incurred. In approving this agreement, it should be understood that the municipal court must provide each juvenile offender with those same statutory and constitutional protection as does the district court. The right to counsel is one of those statutory guarantees. In cases involving indigent persons (in this case juveniles) wherein the accused cannot financially afford an attorney, the municipal court must appoint and attorney and pay the costs of representation. While that situation is a possibility, the staff projections JUVENILE COURT JURISDICTION FEBRUARY 16, 1993 PAGE TWO are that it will not occur. This agreement allows local jurisdiction only in misdemeanor cases, wherein, court-appointed counsel generally would not be an issue. Last year, the Owasso police filed 54 juvenile cases in District Court and no one requested public defense. It should also be noted that any revenue derived from fines assessed to jui~enile offenders is required to be used for funding local programs which address problems of juvenile crime. Those monies must be in special accounts and will not go to the general fund. Two of the uses being considered for those funds is to employ apart-time Community Service Coordinator with counseling experience, or the establishment of a teen court program. It is not expected, however, that the program will actually produce substantial revenue and it may well be that very little fine money is generated by this program. CONIlVIENT ~ 1. This program is strongly supported by the municipal court. The Judge has been involved in our staff discussions since the contract was received. Additionally, the ' City Attorney and City Prosecutor have been a part of the evaluation team and both are supportive of the program. 2. Because of the juvenile court's caseload, juveniles who violate minor misdemeanor ordinances are often not dealt with until three or four months~after the offense. Even then, the sentence usually consists of probation. This kind of "slow" justice gives rise ~ to a feeling that the system can be beaten and often results in additional offenses while the youth is awaiting adjudication of his/her first offense. Hopefully, the ' agreement will allow city courts to act quickly and effectively in dealing with the offender and therefore mandate that juveniles must be accountable for their actions. 3. Mr. Cates has rendered an opinion relating to the statutory guarantee of legal counsel. That opinion is attached for your review. RECOMMENDATION The staff recommends Council approval of the attached contract between the Owasso Municipal Court and the District Court providing for Municipal Court jurisdiction for certain juvenile offenders as provided for by law and authorization for the Mayor to execute the contract. ATTACHMENT 1. Proposed contract between District Court and Municipal Court 2. City Attorney's Opinion j k/counciU0201693. CRT RONALD D. CATES Attomcy at Law Suite 680, PazkCcntre 525 South Main Tulsa, Oklahoma 74103 918-582-7447 February 5, 1993 FAX 918-582-0166 Mr. Rodney J. Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 In Re: City Attorney Opinion 93-2; Agreement for Municipal Court Jurisdiction Concerning Juveniles Dear Mr. Ray: I am corresponding with you for purposes of addressing the issue that we have discussed frequently of late concerning whether or not the City of Owasso, Oklahoma, would be required to appoint counsel for a child found to be without sufficient financial means to retain counsel when such child has been charged in the Municipal Court under authority of the Agreement for Municipal Court Jurisdiction Concerning Juveniles now before the City Council for consideration. I must at the outset advise you that there is a divergence of opinion on-the part of citys' attorneys around the state on this point. Such differing views are essentially attributable to disagreement over whether the Sixth and Fourteenth Amendments of the United States Constitution, compel provision of counsel to a child without sufficient financial means to obtain counsel. It is opined that such Constitutional provisions do not mandate provision of counsel for an indigent child unless the child faces the possibility of incarceration or the proceeding itself could result in a termination of the parent/child relationship. Neither of such actions can result in a municipal ccurt prosecution. pursuant to the jurisdiction assumed under the Agreement for Municipal Court Jurisdiction Concerning Juveniles. However, I am of the opinion that the foregoing does not end the inquiry concerning the existence of a right to counsel which may have as it's genesis something other than Constitutional mandate. Unfortunately, as is evident from the foregoing, there exists no opinion dealing with this issue from the Supreme Court of the State of Oklah~~ma or the Court of Criminal Appeals of the State of Oklahoma. Accordingly, resolution of this issue requires consideration of pertinent statutory provisions contained within the Oklahoma Juvenile Code, 10 0.5. Section 1101 et seq. Initially, it should be observed that the proposed Agreement For Municipal Court Jurisdiction Concerning Juveniles arises by Mr. Rodney J. Ray February 5, 1993 Page 2 virtue of enabling legislation now codifed in 10 0.5. Section 1102(e). Such section provides in part as follows, to-wit: A Municipal Court, if authorized by the governing body ~ of the municipality, may enter into an agreement with the District Court to assume jurisd action of cases. involving children under eighteen (18) years of age charged with violating municipal oridinances relating to vandalism, shoplifting,. trespassing, assault, battery, assault and ~ battery, truancy, curfews, possession of non-intoxicating beverages as defined in Section 161.2 of Title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in Section 506 of Title 37 of the Oklahoma Statutes, and public intoxication. A child under ' eighteen (18) years of age may be charged and prosecuted for violating such municipal ordinance provided that the maximum fine which may be imposed shall not exceed the maximum fine authorized by law. ... ^ Such statutory provision, as well as the remaining portions of the enabling legislation codified in this section, provides no .express ' guidance on the procedures or protections to be afforded in the Municipal Courts exercise of this jurisdiction. In the absence of such express legislative direction, the municipality is essentially ~ left to speculate on what was the legislative intent on such point. In that regard, I am of the opinion that the silence on the part of the Leglislature suggests an intent, even if unexpressed, that the procedure to be employed in the Municipal Court when exercising jurisdiction over the juveniles ir_the delineated offenses, is the ~ procedure and protections heretofore required of the District Court in it's exercise of such jurisdiction. Support for this position ' may be found in recognition that essentially the enabling legislation, as well as the agreement provided for therein, results in the delegation to the municipality of jurisdiction possessed by the District Court. It is important to note in this regard that the District Court is not divested of jurisdiction in the juvenile offenses but merely authorized by the enabling legislation to, by agreement, delegate same. Reason would suggest that the statutory ' procedure and protections now required of the District Court would likewise be required of the Municipal Court as a delegate to whom has been delegated or commissioned to act on behalf of the District Court in these categories of juvenile offenses. With the foregoing in mind, reference to statutory provisions Mr. Rodney J. Ra.y February 5, 1993 Page 3 of the Juvenile Code of the State of Oklahoma, 10 O.S. Section 1101 et seq, in particular Section 1109 thereof, provides the following, to-wit: A. No information gained by questioning a child nor any evidences subsequently obtained as a result of such information shall be admissible into evidence against the child unless the questioning about any alleged offense by any law enforcement officer or investigative agency, or employee of the court, or the Department is done~in the presence of parents, guardian, attorney, or legal custodian of the child. No such questioning shall commence until the child and his parents, or guardian, or other legal custodian have been fully advised of the constitutional and legal rights of the child, including the right to be represented by counsel at every stage of the proceedings, and the right to have counsel appointed by the court if the parties are without sufficient financial means; provided, however, that no legal aide or other public or charitable legal service shall make claim for compensation as contemplated herein. It is further provided that where private counsel is appointed in such cases, the court shall set reasonable compensation and order the payment out of the court- fund. B. ...If the child is not otherwise represented by counsel, whenever a petition is filed pursuant to the provision of Section 1103 of the title, the court shall appoi nt a separate attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent or other legal custodian of the child of the right of the child to be represented by counsel. Reference to Section 1103 of Title 10 of the Oklahoma Statutes in particular Section 1103(b), provides the following, to-wit: B. A petition in a juvenile proceeding may be filed by the district attorney or the person who is authorized to make a preliminary inquiry to determine if further action is necessary. The proceeding shall be entitled "In the matter of an alleged (delinquent) (deprived), child or (a child alleged to be in need of supervision) or (a child alleged to be in need of i Mr. Rodney J. Ray February 5, 1993 Page 4 treatment)". The petition shall be verified and may be upon ' information and belief. It shall set forth (1) with particularity facts which bring the child within the purview of Chanter 51 of this title; {2) the name, age ' and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian, if there be one; (5) the name and residence of ' the person or persons having custody or control of the child; (6) the name and residence of the nearest known relative; (7) the relief requested; and (8) the specific federal law, state law or municipal ordinance under which ' the child is charged, and an endoresment or witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child under Chapter ^ 51 of this title. As may be gleaned from the foregoing, were a child to be dealt with by the District Court in a juvenile proceeding for violation of a ~ federal, state or municipal law, such would result in application of the requirements of 10 O.S. Section 1109(b). Therefore, reason ' suggests that a proceeding in the Municipal Court pursuant to the Agreement For Municipal Court Jurisdiction Concerning Juveniles for the delineated offenses is in essence one and the same and would allow no~ less. Accordingly, if one accepts the foregoing as a ' sound comparison, then one must assume that the statutory dictates above set forth would compel provision of counsel. Based upon the foregoing analysis, I am of the opinion that the municipality must provide counsel for a child charged in the municipal court pursuant to this assumption of jurisdiction if the child is not otherwise represented by counsel and it is found that said child is,without sufficient financial means by which to obtain counsel. Although provision of counsel to a child without sufficient financial means to obtain counsel may not, under ~ existing United States Supreme Court pronouncements, be mandated by the Sixth and Fourteenth Amendments to the United States Constitution, I nevertheless am of .the opinion that it is under the ' statutes of the State of Oklahoma. Accordingly, it is my recommendation to the City of Owasso, Oklahoma, that if the City is desirous of entering into the agreement for Municipal Court Jurisdiction Concerning Juveniles, then a procedure should be ' designed to assure provision of counsel to a child charged in the Mr. Rodney J. Ray February 5, 1993 ~ ~~ Page 5 ~ ~ Municipal Court, pursuant to the assumed jurisdiction when such ~ child is found without sufficient financial means to obtain private counsel. ~' I hope the foregoing meets with yo r n ds at this time. Should you have any questions er comment co erning same, please do not hesitate to contact me. erely, Ronald D. Cates City Attorney RDC/nhc 1 t MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCII, CITY OF OWASSO FROM: REGENA ROGERS WORKERS' COMPENSATION COORDINATOR SUBJECT: WORKERS' COMPENSATION THIIZD PARTY ADNIINISTRATOR CONTRACT DATE: JUNE 27, 1995 BACKGROUND: During May the City Manager was informed that the contract for a Third Party Administrator (TPA) to assist the staff in administering the City's self-insured workers' compensation program would expire in July 1995. At that time, he requested quotes be procured for those services. The TPA is an integral part of the risk management system the City utilizes for its self-insured workers' compensation fund. Selecting a firm to administer our self-insurance workers' compensation program involves not only obtaining services for a fair price, but obtaining services, that through their performance, bring both a cost savings to the City and also gives consideration to the value of a safe working environment and a reduction of injuries to City employees and the public we serve. Part of the process of analyzing providers included a review of the existing contract and the contract offer for 1995-96 received from the current administrator, Berkley Administrators. Additionally, the staff developed data relating to claims, payroll and other pertinent statistics. This information was given to a local independent insurance agent with a request for him to "search the market" and obtain quotes from a variety of reputable vendors. This search included those vendors capable of meeting the needs of the self-insured Workers' Compensation program. SPECIFICATIONS: Appropriate vendors were supplied the attached Data Quote Form for purposes of securing quotes to administer the Workers' Compensation fund. Additional consideration was given to ww WORKERS' COMPENSATION ADMINISTRATOR CONTRACT PAGE TWO services offered, safety training assistance, municipal familiarity, clarity of contract and fees ~ - charged. CONIlVIENTS: Berkley Administrators, our current administrator, has quoted the same rate per $100 of payroll as the previous two years of service. They consistently do an outstanding job in the performance of their duties and services they offer. Berkley contacts each claimant upon receipt of the notice of injury and investigates all claims that are questionable or claims where subrogation potential ~ exists. In addition to monitoring all medical treatment to insure that it is reasonable and necessary and that it is not for some un-related medical condition, Berkley also performs any applicable medical "fee scheduling". Workers' compensation guidelines regulate, through the use of "fee scheduling", the maximum fee that may be charged by a provider (such as a physician, hospital, laboratory, rehabilitation facility) for specific medical treatments. They also ~ assist with safety inspections of City facilities, safety training as well as supervising the "return- to-work" process after an employee is injured. DOTES: Three providers responded to the request for a fee quote. Each provider was given an opportunity to quote based on the information furnished. Three very different rates for fee proposals were received. Following is an analysis of those proposals: ** United Safety and Claims, Inc. - 65 cents per $100 of payroll. Using the projected annual payroll of $2,500,000. Annual charge = $16,250 , or 33 medical claims and 6 claims involving "lost time" per year, $90 each medical ~ claim, $400 per claim for lost time, $500 per litigated claim for all claims over 33 plus claims, and four risk management visits per year. Using the claims filed ' last year, this plan would cost in excess of $20, 800. ** ' Crawford and CompanX proposed a cost schedule that includes a charge of $80 per medical claim, $590 per claim that results in a lost time claim, and provides ' for additional fees fora "time and expense cost" and "other service fee schedule cost" . Examples of "additional fees" are charging $145 per interview with each injured claimant, $1.35 per line item to fee schedule medical bills. In addition, WORKERS' COMPENSATION ADMINISTRATOR CONTRACT PAGE THREE ' included is a provision for Crawford to retain 33 % of any savings that would result from the fee schedule process, and all claims must be paid from their Atlanta, Georgia location. Furthermore, all reserves for Workers' Compensation claims ' would be required to be on deposit at the banking institution of their choice. The fee amount Crawford could charge is not only vague, but clearly does not establish limits on the amount that could be charged. Annual charge =approximately ' $30,000+. ' ** Berkley Administrators offered a contract renewal consistent with their charge for the last 2 renewals. Their schedule is based on 41 cents per $100 of the projected annual payroll of $2,500,000 = $10,250. Also included are on-site ' safety presentations, 25 hours of risk management visits, inspections, and technical expertise in addition to notification and documentation of any changes in Workers' ' Compensation laws or operating regulations. FUNDING: Funding for the Workers' Compensation Third Party Administration services is provided in the 1995-96 Budget from the Workers' Compensation self-insurance fund, line item 36-210-5310. RECOMMENDATION: Staff recommends Council approve a one year extension of an existing contract (see attached) with Berkley Administrators in the amount of $10,250 (paid monthly at a rate of $854.17) to serve as the Third Party Administrator for the self-insurance Workers' Compensation program. ATTACHMENTS: 1. Quote Tabulation Sheet 2. Data Quote Form 3. Berkley Contract WCTPA.MII~4 CITY OF OWASSO INFORMATION FOR PURPOSES OF QUOTING SELF INSURED THIRD PARTY ADMINISTRATOR FEE: Year Payroll Cases Paid 7-1-90 / 6-30-91 1990 $ 1,931,000 20 $ 140,075 7-1-91 / 6-30-92 1991 $ 2,198,028 20 $ 26,687 7-1-92 / 6-30-93 1992 $ 2,332,036 6 $ 10,082 7-1-93 / 6-30-94 1993 $ 2,422,042 36 $ 92,196 ($75,000 settlement paid on 2 permanent disability claims) 7-1-94 / 5-31-95 1994 $ 2,563,023 21 $ 6,886 wc.quote ' CITY OF OWASSO ' WORRERS' COMPENSATION CLAIM SERVICE PROVIDER QIIOTATION COMPARISON ' IInited Safety & Claims, Inc. 65 cents per $100 payroll, based on payroll of $2,500,000 t annual charge = $16,250 or 33 medical claims & 6 lost time claims = $10,500; plus ' 34+ medical claims $90 each, $400 lost time claims, and $500 each litigated claim Quarterly visit for Loss Control purposes Crawford & Company $80 per medical claim, $590 per lost time claim, plus time and expense, plus other service scheduled fees (ex. $145 per claim interview, $1.35 per line item to "fee schedule") , and retention of 33% of "fee schedule" reductions. ' All claim checks must be paid from Atlanta, Georgia No Loss Control assistance Berkley Administrators 41 cents per $100 payroll, based on payroll of $2,500,000 annual charge = $10,250 payable in 1/12 installments 25 hours Loss Control assistance Safety training as requested AGREEMENT This Agreement is made in Owasso, Oklahoma by and between the City of Owasso and Berkley Administrators, anOklahoma corporation, hereinafter referred to as "Company." NOW, THEREFORE, in consideration of the mutual agreements contained herein, it is hereby agreed by the parties hereto as follows: ARTICLE I-DEFINITIONS Section 1.01. The term "Manual Workers' Compensation Premium" shall mean the premium produced by applying workers' compensation manual rates, according to the member's code or classification, to the payroll or other exposure. ARTICLE II-RESPONSIBILITIES OF THE COMPANY Section 2.01. The Company shall provide the following services: Subd. a) Assist in the design and implementation of a program of self-insurance for workers' compensation. Subd. b) Secure excess workers' compensation re-insurance as desired and approved by the Insured. Subd. c) Act as an advisor and representative in workers' compensation matters. Subd. d) Provide administrative services for the worker' compensation program as set forth herein. Subd. e) Develop the manual premium based upon a workers' compensation payroll report, showing actual payroll by employee classification, as audited at the close of each payroll year. The Company shall be permitted to audit the payroll books and records as necessary by the Reinsurer. Subd. f) Determine the service charge to be billed on a monthly basis as a percent of manual premium or percent of payroll. Subd. g) Compile and file all required reports and notices upon receipt of the initial report of injury. Subd. h) Conduct claim investigations in order to determine compensability and identify rights of subrogation or other recoveries. Subd. i) Subject medical bills to the State Medical Fee Schedule at no additional cost to the Insured. Subd. j} Assist legal counsel for all claims for workers' compensation benefits involving controverted issues. Expenses incurred from legal services shall be the fiscal responsibility of the Insured. Subd. k) Provide monthly loss runs detailing claimant name, nature of injury, dollars paid and reserved per claim, year to date totals, composite listing of accident types, frequency and body parts affected Subd. 1) Pay claims and expenses of claims from a fund identified as aclaims-paying trust account made available by the Insured and fiunish a monthly financial reconciliation statement of said account. Subd. m) Provide actuarial underwriting in the establishment of reserves. Subd. n) Provide technical assistance and training in the establishment and maintenance of a safety engineering and loss control program. Subd. o) Conduct on-site work place inspection as necessary. Subd. p) Make recommendations regarding safety and equipment. 18 . JI~~•~ ~~ '95 G~2~57Ah1 BERKLEY RISK f'IG~•1T. F,~ Subd. q;) Arrange for surveillance if warranted and applicable. Expenses incurred are the responsibility of the Insured. Subd. r) Perform its services and conduct itself in such a manner so as to abide by all applicable state and federal laws, rules and regulations. Section 2.02. Quote L The Company shall be paid, as a fee far its services, forty-one cents (41 ¢) per hundred dollars ' ($100) of payroll and would include up to twenty-five (2~) hours of Loss Control Services per year, Such fee shall be paid each month based upon 1/12 of estimated fee and ad}usted annually after an audit ~ of the payrolls. This fee should be deemed the minimum fee far our services per year. ARTICLE IIi LAWS, RULES, AND REGULATIONS Section 3.01. This Agreement is subject to all applicable state and Federal laws, rules and regulations. ARTICLE IV TERMXNATIO~' ANA RENEWAL Section 4.01, The Agreement shall be for a period of one (1) year, commencing on q7/01/95, The ~ agreement will be automatically renewed at the conclusion of the initial Agreement period. Section 4.0x. In the event termination of this Agreement is warranted, the party terminating this Agreement shall give the other party b0 days written notice of cancellation ornon-renewal. .r Section 4.03. In the event of terini~aation of the Agreement for any cause, all obligations ofthe parties ' to this Agreement to each other shall cease. No further payment of fees from the Self-Insured to the Company shall be required, The Company shall rezlder a final accounting of the Self-Insured claims- paying trust account and return any monies therein to the Self-Insured along with all of the Self-Insured claims and financial records in the possession of the Company. The Company will be paid, as provided in Section 2,02, to the last day of the month services are rendered. ' Section 4.04. The Agreement will terminate upon the effective date of any applicable state or federal law, rule or regulation, which nullifies ar invalidates any of the services or provisions of this Agreement. In such event, the Comparry will be paid, as provided in Section 2.02, to the last day of the month of the effective date of said law, rule or regulation. 19 ARTICLE V-NOTICES Section 5.01. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified or registered mail, postage prepaid, with proper address indicated below. The Company and Self-Insured may, by written notice given by each to the other, designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: _ To The Company: BERKLEY ADMINISTRATORS °~ 3810 S. 103rd East Ave., Ste. 105 Tulsa, OK 74146 Berkley Administrators By: To: Date: CITY OF OWASSO PO Box 180 Owasso, OK 74055 By: Date: 20 MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: M.A.ALEXANDER CHIEF OF POLICE SUBJECT: REQUEST TO AWARD BID AND APPROVE CONTRACT FOR DRY CLEANING ~ DATE: June 27, 1995 ' BACKGROUND: ' Currently, the Owasso Police Department has a dry cleaning contract with Yale Cleaners for the dry cleaning of all police officer, and communications uniforms . This contract was for a one year period and will expire on June 30, 1995. ' Earlier this month, specifications for dry cleaning services were sent to all cleaners in the Owasso Community, which included: ' First Cleaners and Laundry Imperial Cleaners Three Lakes Laundry and Dry Cleaning ' Yale Cleaners On June 26, 1995 at 3:00 pm, two bids were opened regarding this contract. The ' contract period is August 1, 1995 through June 30, 1996 (eleven months) . Both vendors met all the specifications required by the bid and submitted the following bids for consideration: ' Three Lakes - $13,613.50 Yale Cleaners - $14,025.00 ' Three Lakes Laundry and Dry Cleaning submitted the lowest bid by $411.50. ~ RECOMMENDATION- Staff recommends City Council approval of an eleven month contract for police uniform dry cleaning to Three Lakes Laundry and Dry Cleaning for a total cost of $13,613.50, and that the Mayor be authorized to execute said contract. ATTACHMENTS: 1. Bid Specifications 2. Bid Proposals from Vendors SPECIFICATIONS UNIFORM CLEANING General Description The following is a comprehensive list of specifications for cleaning of departmental uniforms for the 1995 / 1996 fiscal year. In general, the cleaning will include all police officers' uniforms, communicators uniforms and civilian attire for the Chief, and detectives . This will also include an occasional laundering and starching of the animal control officer's uniform. General Provisions Vendor Initials 1. Length of Contract -The cleaning contract shall be for a period of one year and shall be automatically extended until a new contract is awarded . Period of the contract is from 1 August 1995 through 31 June 1996. 2. Billin - The uniform cleaning bill shall be submitted monthly and monthly payments will be made by the City of Owasso. Alterations will be billed separately from cleaning. 3. Number of Uniforms -There are currently twenty-eight (28) employees which will be included. The breakdown for cleaning services is as follows: 18 Officers full uniforms, 5 days a week 5 Communicators full uniforms, 5 days a week 3 Officers civilian clothes, 5 days a week 1 Officer 75/25 split in civilian/uniform 1 Animal control officer, launder and starch, 2 days a month 4 . Laundering/ Cleaning Services -Services to include dry cleaning of all uniforms as shown above, dry cleaning or laundering of civilian clothes and replacement of buttons as needed. 5. Cleaner must be able to handle and launder uniforms contaminated with blood or other body fluids in compliance with O . S . H . A . bloodborne pathogens and infectious disease control standards . Cleaner must utilize cool dry cleaning process and be able to provide two day service. 6. Other Specifications - Cleaner must comply with industry standards requiring the use of 100 parts per million perchlorethlene or less in the dry cleaning process . Cleaner must replace any garment which is damaged or lost while in the possession of the vendor. 7. Bids -The purchaser reserves the right to reject any or all bids, and to waive any or all technicalities, informalities, or other minor deviations from the bid document . 8. Proposal Expenses -Expenses for developing the proposal are entirely the ' responsibility of the vendor and shall not be chargeable to the City of Owasso . ' 9. Prior Information -Any information which may have been released either orally or in writing prior to the issuance of this bid request shall be deemed preliminary in nature and bind neither the City of Owasso nor the vendor. ' 10. Vendor Contract -Any proposal accepted shall be incorporated into the contract which the City of Owasso will enter into with the vendor. 11. Proposed Cost - It is not the policy of the City of Owasso to negotiate the price after the vendor is selected. The supplied bid form shall include a total bid price . All bids delivered to the City shall be sealed and visibly marked SEALED BID/POLICE DEPARTMENT CLEANING CONTRACT. 12. Contact Person -Questions and clarification concerning this bid shall be made to the Operations Commander, Lieutenant Cliff Motto. Contact may be ' made by calling (918) 272-2244. 13. Deviations -Any deviation from the published specifications should be ' noted on an attached sheet of paper. 14. Hours of Operation -List hours and days of operation. 15. Bid Submittal -Bids must be delivered to the City Clerk's office, Owasso ~ City Hall, 207 S. Cedar, Owasso, OK 74055 on or before Monday, June 26, 1995, 3:00 p.m. 16 . Additional Comments -May be included on an attached sheet . TOTAL BID PRICE ON COMPLETE CLEANING .FOR ONE YEAR: 2 I hereby acknowledge that I have read the specifications and that I am legally bound by the above statement . Signature Title Business Address elephone 3 NON-COLLUSION BID AFFIDAVIT STATE OF ) SS COUNTY OF I~ of lawful age, being duly sworn on oath, says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder/contractor has not paid, given nor donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid . BIDDER: Signature Subscribed and sworn before me this Notary Public 1 1 My Commission Expires day of 1994. NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. 4 .~ DRY CLEANING BIDS August 1, 1995-July 31, 1995 YALE CLEANERS 12806 East 86th Street North , Owasso, OK 74055 `~ (918 ) 272-7335 ~,,r:/I ~ r!J ~ l ~.~ ~ j e ivered To Dat /Time IMPERIAL CLEANERS 12208 East 86th Street North Owasso, OK 74055 ~ ~ -- > (~-~°S 1o t l (918) 272-7661 Delivered o Date/Time THREE LAKES LAUNDRY AND DRY CLEANING '~' 11505 East 83rd Street North Owasso, OK 74055 ~~~ /~ /~I// (918 ) 2 7 2 - 5 9 3 9 q~ -0%%~-~ ~f-/-~Tp ~ ~5~~~-~ ~D.:K'~f~/~ Delivered To Date/Time FIRST CLEANERS AND LAUNDRY ' 209 East 2nd Avenue Owasso, OK 74055 ~p _Q ( 918 ) 272-5640 I ~ ~~ 1~~ _l ~ JS~ ~ Delivered To Date/Time) ~ ~ ~,-~- 1 1 1 1 1 1 1 SPECIFICATIONS UNIFORM CLEANING General Description ~ The following is a comprehensive list of specifications for cleaning of departmental ~ uniforms for the 1995 / 1996 fiscal year . In general, the cleaning will include all police officers' uniforms, communicators uniforms and civilian attire for the Chief, and detectives . This will also include an occasional laundering and starching of the animal control officer's uniform. General Provisions Vendor Initials ~~ Length of Contract -The cleaning contract shall be for a period of one year and shall be automatically extended until a new contract is awarded. Period of the contract is from 1 A~:gust 1995 through 31 June 1996. ~2. Billin - The uniform cleaning bill shall be submitted monthly and monthly payments will be made by the City of Owasso . Alterations will be billed separately from cleaning. ~~~~ L~~. Number of Uniforms -There are currently twenty-eight (28) employees which will be included. The breakdown for cleaning services is as follows: 18 Officers full uniforms, 5 days a week 5 Communicators full uniforms, 5 days a week 3 Officers civilian clothes , 5 days a week 1 Officer 75/25 split in civilian/uniform 1 Animal control officer, launder and starch, 2 days a month -~~' Laundering/Cleaning Services -Services to include dry cleaning of all uniforms as shown above, dry cleaning or laundering of civilian clothes and replacement of buttons as needed. ~,~~ ~' S . Cleaner must be able to handle and launder uniforms contaminated with blood or other body fluids in compliance with O . S . H . A . bloodborne pathogens and infectious disease control standards . Cleaner must utilize cool dry cleaning process and be able to provide two day service. d% Other Specifications - Cleaner must comply with industry standards requiring the use of 100 parts per million perchlorethlene or less in the dry cleaning process. Cleaner must replace any garment which is damaged or lost while in the possession of the vendor. ~~ Bids -The purchaser reserves the right to reject any or all bids, and to waive any or all technicalities, informalities, or other minor deviations from the bid document . 1 =,~8. Pro osal Expenses -Expenses for developing the proposal are entirely the responsibility of the vendor and shall not be chargeable to the City of Owasso . Prior Information -Any information which may have been released either orally or in writing prior to the issuance of this bid request shall be deemed preliminary in nature and bind neither the City of Owasso nor the vendor. ~10. Vendor Contract -Any proposal accepted shall be incorporated into the contract which the City of Owasso will enter into with the vendor. X11. Proposed Cost - It is not the policy of the City of Owasso to negotiate the "~ price after the vendor is selected . The supplied bid form shall include a ,, total bid price . All bids delivered to the City shall be sealed and visibly marked SEALED BID/POLICE DEPARTMENT CLEANING CONTRACT. +~ ~.-~12. Contact Person -Questions and clarification concerning this bid shall be made to the Operations Commander, Lieutenant Cliff Motto. Contact may be made by calling (918) 272-2244. ~"t3. Deviations -Any deviation from the published specifications should be noted on an attached sheet of paper. ~4 . Hours of Operation -List hours and days of operation . ~`/i5. Bid Submittal -Bids must be delivered to the City Clerk's office, Owasso City Hall, 207 S . Cedar, Owasso, OK 74055 on or before Monday, June 26, 1995, 3:00 p.m. _~~~ Additional Comments -May be included on an attached sheet. ,~ TOTAL BID PRICE ON COMPLETE CLEANING FOR ONE YEAR : ~,~ ~~0. ~ o ~ d .r 2 I hereby acknowledge that I have read the specifications and that I am legally bound by the above statement . --ti~._~ Signature D~~~s~ ~c~ Pd~':a~ Title `~i? CL C~C~,~r ~2S Business f ~ Yc~i ~ ~~ Ste" ~ Address a~a- ~33s Telephone 3 NON-COLLUSION BID AFFIDAVIT STATE OF ~~«'~'~ ~) SS COUNTY OF ~ ~ /t' ) - ,,~ I , C,~ It c i~,c., c ~~~ ~'af lawful age , being duly sworn on oath, says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder/contractor has not paid, given nor donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid . BIDDER : t~ i Ct (~-~-- c rLo i~~.?tom Ck- ~ Signature ~94~ Subscribed and sworn before me this /~ day of - ~~ otary Pu lic My Commission Expires -l~ - NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. 4 YALE CLEANERS HOURS OF OPERATION MONDAY 6:30a^ - 7:00p^ TUESDAY 6:30a^ - 7:00p^ WEDNESDAY 6:30a^ - 7:00p^ THURSDAY 6:30a^ - 7:00ps FRIDAY 6:30a^ - 7:00p^ SATURDAY 8:00a^ - 5:00p^ SUNDAY CLOSED WE PROVIDE SAME DAY SERVICE IN BY 12:00 OUT BY 5:00 1 HOUR SERVICE AVAILABLE ON REQUEST CLOTHING MAY BE PICKED UP AT OFFICERS CONVENIENCE SPECIFICATIONS UNIFORM CLEANING General Description The following is a comprehensive list of specifications for cleaning of departmental uniforms for the 1995 / 1996 fiscal year. In general, the cleaning will include all police officers' uniforms, communicators uniforms and civilian attire for the Chief, and detectives. This will also include an occasional laundering and starching of the animal control officer's uniform. General Provisions Vendor Initi is Length of Contract -The cleaning contract shall be for a period of one year and shall be automatically extended until a new contract i 7 Period of the contract is from 1 August 1995 throug 31 June 1996. (n, ~ V~ 2. Billin - The uniform cleaning bill shall be submitted monthly and monthly payments will be made by the City of Owasso. Alterations will be billed separately from cleaning. ( ` ~ ~ 3. Number of Uniforms -There are currently twenty-eight (28) employees which will be included. The breakdown for cleaning services is as follows: 18 Officers full uniforms, 5 days a week 5 Communicators full uniforms, 5 days a week 3 Officers civilian clothes, 5 days a week 1 Officer 75/25 split in civilian/uniform 1 Animal control officer, launder and starch, 2 days a month 4 . Laundering/ Cleaning Services -Services to include dry cleaning of all uniforms as shown above, dry cleaning or laundering of civilian clothes and replacement of buttons as needed. ~~5. Cleaner must be able to handle and launder uniforms contaminated with blood or other body fluids in compliance with O . S . H . A . bloodborne pathogens and infectious disease control standards . Cleaner must utilize ~(~~ '" ~ cool dry cleaning process and be able to provide two day service. ~•y 6. Other Specifications - Cleaner must comply with industry standards requiring the use of 100 parts per million perchlorethlene or less in the dry cleaning process . Cleaner must replace any garment which is damaged or lost while in the possession of the vendor. ~~. Bids -The purchaser reserves the right to reject any or all bids, and to waive any or all technicalities, informalities, or other minor deviations from the bid document . ~ V~ 8 Proposal Expenses -Expenses for developing the proposal are entirely the responsibility of the vendor and shall not be chargeable to the City of Owasso . ~ ~ . Prior Information -Any information which may have been released either orally or in writing prior to the issuance of this bid request shall be deemed preliminary in nature and bind neither the City of Owasso nor the vendor. ~0. Vendor Contract -Any proposal accepted shall be incorporated into the ~ contract which the City of Owasso will enter into with the vendor. \,~~1. Proposed Cost - It is not the policy of the City of Owasso to negotiate the ' price after the vendor is selected. The supplied bid form shall include a total bid price. All bids delivered to the City shall be sealed and visibly ~ marked SEALED BID/POLICE DEPARTMENT CLEANING CONTRACT. ~~ 2 . Contact Person -Questions and clarification concerning this bid shall be made to the Operations Commander, Lieutenant Cliff Motto. Contact may be r made by calling (918) 272-2244. ~7J~'"13. Deviations -Any deviation from the published specifications should be ' noted on an attached sheet of paper. 4. Hours of Operation -List hours and days of operation. ' vim" 15 . Bid Submittal -Bids must be delivered to the Cit Clerk's office Owasso Y City Hall, 207 S . Cedar, Owasso, OK 74055 on or before Monday, June 26, ' 1995, 3:00 p.m. 6 . Additional Comments -May be included on an attached sheet . ' TOTAL BID PRICE ON COMPLETE CLEANING FOR ONE YEAR: 1 4 851.00 for 1 yr 11 mo - 8/1/95 thru 6/30/96- $13,613.50 Our hours are from Sam to 8pm 7 days a week except Christmas we are closed and other holidays have reduced hours. 1 2 SPECIFICATIONS UNIFORM CLEANING ITEM #16 Additional Comments Icky's Three Lakes Laundry is a locally owned and operated business. We have five employees, all of which are from the local area We work with the Owasso High School VICA program by employing students involved in their program when possible. Our employees are trained to deal with blood and other body fluids on items we handle and are currently handling items for several of the area funeral homes, doctor's offices and day care centers. We offer button re-attachment or replacement for free. t • ., I hereby acknowledge that I have read the specifications and that I am legally bound by ' the above statement . ' ignature Title 1 qr- .(~,~, ~~GOv~ U Busin ss ' /1~'r~ ~ E ~32d d-St..t1 Address r~~ a~~~ - x'939 Telephone 3 ^ NON-COLLUSION BID AFFIDAVIT STATE OF ~~~- ) SS COUNTY OF ) I, G.ZL~.k,al,l~f lawful age, being duly sworn on oath, says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor with any government official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; nor in any discussions between bidders and any government official concerning exchange of money or other things of value for special consideration in the letting of a contract; that the bidder/contractor has not paid, given nor donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of the award of a contract pursuant to this bid . BIDDER : O,~~e, ~L~,tt,L. ~i ~ec.oI ~ ~~ Signature Subscribed and sworn before me this . ~,,, ., .. ,~ b P fit. B i~e~ My o!!~ ~en Expires ~ `l S' day o 19~ NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL. 4 ~ox~vnuM TO: FROM: RODNEY J. RAY CITY MANAGER F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR k~. SUBJECT: DATE: DOGWOOD STREET & 19TH STREET IlVIPROVIIViENTS - FY95-96 CAPITAL IlVIPROVEMENTS PLAN July 5, 1995 BACKGROUND: The FY95-96 Capital Improvements Plan includes $100,000 for residential street overlay. The funds allocated to this project are intended to begin a major 5-year street maintenance program for the City of Owasso. Public Works Department staff recently examined numerous locations in the city to determine needed street repairs. Repairs were identified and categorized by type of re-construction required. As a first level categorization, repairs were listed and potential projects for FY95-96 identified (see attached projects list). Costs to make the identified repairs were determined. Projects ranged from $6,900 to $54,360. INITIAL PROTECT: Staff recommends the overlay program begin economically with the least costly identified project. Repairs to the intersection of Dogwood Street from 19th Street to the vicinity of 20th Court (Project Number 4) has been estimated to cost $6,900 and was included on the list. Specifically, the project is a fifty (50) foot section of Dogwood St. north that requires the existing pavement to be removed, establishing a base course, replacing the asphalt with six inches of concrete and construction of a proper transition to the concrete roadway at 20th Court. Repairs to curbing in the project area may also be accomplished. It is anticipated that repairs can be made by closing one lane of traffic at a time, thereby allowing residents normal access to the area. A repair of this size could take 15 to 20 days to complete depending on the weather. FUNDING SOURCE: Funding for this project has been included in the Capital Improvement Fund FY95-96 Budget (line item 81-410-5466). Page 2 Residential Street Overlay Program Dogwood at 19th Street RECOMMENDATION: Staff recommends Council approval of $ 6,900.00 expenditure to various vendors for the Dogwood Street and Nineteenth Street Improvements Project. ATTACHMENTS: 1. Map identifying project locations 2. Potential Street Overlay Projects FY95-96 (Costs Estimates) POTENTIAL STREET OVERLAY PROJECTS (FY 95-96) Project Number 1. Carlsbad Street (4th Street to 700 Block) Street Length - 1024 LF Street Width - 26 LF Spot Repairs $ 5,000 Overlay - 325T@$40/T 13,000 Replace Curb-SOOLF~$15/LF 7.000 25,500 Contingencies (15Rb) 3.500 $29,000 Project Number 2. Fifth Street (Carlsbad to Beaumont) Street Length - 300 LF Street Width - 26 LF Spot Repairs $ 3,000 Overlay - 95T~$40/T 3, 800 Replace Curb - 200 LFQ 15/LF 3.000 9,800 Contingencies (15 %) 1.500 $11,300 Project Number 3. Beaumont Street (5th Street to 700 Block) Street Length - 700 LF Street Width - 26 LF Spot Repairs $ 5,000 Overlay - 220TC~$40/T 8, 800 Replace Curb - 100 LFC~?$15/LF 1.500 15,300 Contingencies (15 %) 2.500 $17,800 Project Number 4. Dogwood Street (19th Street to 20th Courtl Street Length - 50 LF Street Width - 26 LF Remove Street $1,500 Replace Base Course 1,300 6" Concrete 3500 PSI (145 SY~$22/SY) 3.200 6,000 Contingencies (15 %) _~ $6,900 Page 2 Potential Street Overlay Projects (FY 95-96) Project Number 5. 83rd Street (125th East Avenue to 126th East Avenue Street Length -720 LF Street Width - 26 LF Remove Asphalt and Base/ Replace 8" Base Course $12,000 4" Asphalt Pavement 884TQ$40/'T 35.360 Contingencies (15 %) 7.000 $54,360 Project Number 6. 125th East Avenue ($2nd Street to 83rd Street) Street Lenght - 700 LF Street Width - 26 Lf Remove Asphalt and Base/ Replace 8" Base Course $12,000 4" Asphalt Pavement 884TQ$40/T 35,360 Contingencies (15 %) 7.000 $54,360