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Home My WebLink About1995.10.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: October 3, 1995 TIME: 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, September 29, 1995. 7/ IALA Marcia outwell, City Cle AGENDA 1. Call to Order 2. Invocation 3. Flag Salute 4. Roll Call 5. Reading of Mayor's Proclamations. Mayor Burris Attachment #5 The Mayor will present a proclamation to Owasso McDonald's, as Business of the Quarter for the Fourth Quarter of 1995; and a proclamation to the Owasso Business and Professional Women's Club proclaiming October 15 -21 as Nation Business and Professional Women's Week in the City of Owasso. Owasso City Council October 3, 1995 ' Page 2 6. Request Approval of the Minutes of September 19, 1995 Regular Meeting and September ' 28, 1995 Special Meeting. Attachment #6 7. Request Approval of Claims. , Attachment #7 8. Consideration and Appropriate Action Relating to OZ- 95 -05, 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 #8 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. 9. Consideration and Appropriate Action Relating to a Request for the City Council to Establish a Street Repair Priority Schedule for Projects Funded Through the 1995 -96 Capital Improvements Plan. Mr Carr Attachment #9 The staff has, at the direction of the City Council, established a priority list for street repair projects and will recommend Council adoption of that priority schedule. .4 Owasso City Council ' October 3, 1995 Page 3 ' 10. Consideration and Appropriate Action Relating to a Request for Settlement of a Lawsuit Between the City of Owasso and Safety National Casualty Corporation, and Authorization for Payment of Such Settlement. Mr Cates Ms Parsons Attachment #10 Staff will recommend Council Approval of the Payment of $16,000 to Safety National Casualty Corporation in settlement of a claim against the City, and that the Treasurer be authorized to pay such amount upon receipt of a release of liability by the City Attorney. 0 11. Consideration and Appropriate Action Relating to a Request for a Budget Amendment to the Workers Compensation Self Insurance Fund. Ms Bishop Attachment #11 ' Staff will recommend Council approval of a $16,000 supplemental appropriation to the Professional Services line item (expenditures) of the Workers Compensation Self Insurance ' Fund, such recommendation in anticipation of possible Council action to settle a lawsuit filed by Safety National Casualty Company. 12. Consideration and Appropriate Action Relating to Resolution #95 -11, a Resolution Authorizing Direct Deposit of Monthly Retirement Benefits by the Plan Administrator of the Oklahoma Municipal Retirement Fund. Ms Dempster Attachment #12 Staff will recommend Council adoption of Resolution #95 -11, authorizing direct deposit of monthly retirement benefits. 1 Owasso City Council October 3, 1995 Page 4 13. Consideration and Appropriate Action Relating to a Request for an Amendment to the FY 1995 -96 Capital Projects Grant Fund (previously referred to as the Community Development Block Grant Fund). Ms Bishop Attachment #13 The staff will recommend an increase in the Capital Projects Grant Fund estimate of revenues by $525,239, and a supplemental appropriation to expenditures in the amount of $525,239. 14. Consideration and Appropriate Action Relating to a Request for an Amendment to the General Fund Budget Wherein Revenues and Expenditures Relating to a Highway Safety Grant will be Reduced. Ms Bishop Attachment #14 The staff will recommend Council approval of an amendment to the General Fund Budget that would reduce the estimate of revenues (page 20) by $35,229, and reduce the appropriation to the Police Department (page 39) by $35,229; both actions the result of anticipated grant funds not being awarded. 15. Report from City Manager 16. Report from City Attorney 1 Owasso City Council October 3, 1995 Page 5 ' 17. Reports from City Councilors j 1 18. Unfinished Business 19. New Business ' 20. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing Personnel Matters Relating to the Office of the City Manager, Such Executive Session Provided for in O.S. 25, Section 307(B)(1). Mr Ray Attachment #20 ' The City Manager will request Council approval of an executive session for the purpose of discussing a 1995 -96 contract between the City and the City Manager. 21. Consideration and Appropriate Action Relating to a Contract for Services Between the City of Owasso and Rodney J Ray. Mayor Burris ' Attachment #21 This item is placed on the agenda in the event the discussions held during an executive session result in an agreement and Councilors wish to take action on that agreement. 1 Owasso City Council October 3, 1995 Page 6 22. Adjournment 1 1 1 u rl 1 1 PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, The OEDA, the Owasso Chamber of Commerce, the Owasso Reporter, and the City of Owasso have developed a special business recognition program as a means of honoring the valuable contributions of local, community- minded businesses; and, WHEREAS, The quality of life in Owasso is a reflection of the level of involvement exhibited by its business owners and employees and their active support of community events; and WHEREAS, The involvement of businesses through their support of local projects and promotions by the sharing of their resources, provides for the economic well- being of the community and demonstrates a commitment that goes beyond the standard measure of business success; and, WHEREAS, Tim Rich and his employees at Owasso McDonald's have demonstrated concern for the Owasso community through involvement in various community -wide projects; and, WHEREAS, A consistent quality in business operations, together with a focus on the betterment of Owasso through civic activity, merits appreciation and recognition by the entire community, NOW, THEREFORE, I, Charles L Burris, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim OWASSO MCDONALD'S FOURTH QUARTER 1995 BUSINESS OF THE QUARTER IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 3rd day of October, 1995. Charles L Burris Mayor PROCLAMATION I CITY OF OWASSO, OKLAHOMA WHEREAS, women constitute forty-three million of the nation's work force; and WHEREAS, these women continue to serve their communities, their states and their nation in civic and cultural programs; and WHEREAS, the major goals of business and professional women are designed to enhance self improvement benefiting all of society through the study of social, educational, economic and political problems; and WHEREAS, business and professional women strive to be of greater service to their community and to further friendship with women throughout the world; and WHEREAS, the Business and Professional Women's organization in Owasso maintains the same high values and goals; NOW, THEREFORE, I, Charles L Burris, by virtue of the authority vested in me as Mayor of the City of Owasso, Oklahoma do hereby proclaim the week of October 15 -21, 1995 as NATIONAL BUSINESS AND PROFESSIONAL WOMEN'S WEEK in the City of Owasso, and urge all citizens of Owasso to join in the salute to business and professional women, IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 3rd day of October, 1995. Charles L Burris Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 19, 1995 The Owasso City Council met in regular session on Tuesday, September 19, 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, September 15, 1995. ITEM l: CALL TO ORDER Vice Mayor Ewing called the meeting to order at 7:40 p.m. ITEM 2: INVOCATION The invocation was given during the OPWA meeting preceding this meeting. ITEM 3: FLAG SALUTE The flag salute was held during the OPWA meeting preceding this meeting. ITEM 4: ROLL CALL ' PRESENT Danny Ewing, Vice Mayor Mary Lou Barnhouse, Councilor �- Michael Helm, Councilor STAFF Rodney J Ray, City Manager Marcia Boutwell, City Clerk Ronald D Cates, City Attorney - A quorum was declared present. ABSENT Charles Burris, Mayor Joe Ramey, Councilor ITEM 5: RECOGNITION OF OUTSTANDING EMPLOYEES. The employees proposed to be recognized were unable to be present, and this item was stricken from the agenda. ITEM 6: READING OF PROCLAMATION. Vice Mayor Ewing read a proclamation proclaiming the month of October as Crime Prevention Month 1995 in the City of Owasso, and presented the proclamation to Mark Harper of the Owasso Police Department. ITEM 7: REQUEST APPROVAL OF THE MINUTES OF SEPTEMBER 5, 1995 REGULAR MEETING. Mr Helm moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. Owasso City Council AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 8: REQUEST APPROVAL OF THE CLAIMS kA September 19, 1995 , Mr Helm moved, seconded by Ms Barnhouse, that the following claims be approved: (1) General Fund $23,313.86; (2) Workers Comp Self -Ins Plan $2,237.16; (3) Ambulance Service Fund $2,267.30; (4) City Garage $1,654.99; (5) Capital Improvements $750.68; (6) Interfund Transfers $3,743.32; (7) General Fund Payroll $112,633.18; (8) City Garage Payroll $1,982.88. AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION TO A REQUEST FOR CONTINUANCE OF REZONING REQUEST OZ -95 -05 Mayor Burris had requested that this item be postponed to the October 3rd meeting so that all Councilors can review the request. The applicant and staff had no objection to the request. Mr Helm moved, seconded by Ms Barnhouse, to postpone the rezoning request OZ -95 -05 to the October 3, 1995 Council meeting. AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO DECLARE CERTAIN PROPERTY AS SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZE THE DISPOSAL OF SUCH PROPERTY. The propane tank located to the east of City Hall is not in use, and staff believes it to be in the best interest of the city to declare the item surplus and advertise it for sale. Mr Helm moved, seconded by Ms Barnhouse, to declare as surplus one propane tank with a value in excess of $500, and direct the City Clerk to advertise for sealed bids on the item. AYE: Helm, Barnhouse, Ewing ' NAY: None Motion carried 3 -0. 1 Owasso City Council September 19, 1995 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER SYSTEM CONSTRUCTED TO SERVE THE WENDY'S RESTAURANT. This utility extension consists of 234 LF of water line, and services the new Wendy's restaurant that is under construction and located at 7591 Owasso Expressway. DEQ has received and approved the plans and issued a water permit. Inspections have been conducted, and a one year maintenance bond has been provided to the city by the developer. Mr Helm moved, seconded by Ms Barnhouse, to accept the water line constructed to serve the Wendy's Restaurant. AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO AWARD A CONTRACT FOR THE PURCHASE OF ONE FOUR WHEEL DRIVE VEHICLE FOR THE POLICE DEPARTMENT. The FY 1995 -96 Police Department budget contains capital expenditure funds for the purchase of a police vehicle to be used in the canine program. Bid specifications were developed and sent to eight vendors and notice of bid was placed in the newspaper. Sealed bids were received from two vendors - Classic Chevrolet offered a 1994 Blazer at $20,598.45, and Shawnee Ford offered at 1996 Bronco at $25,203.00. Both vendors met all specifications. The vehicle being offered by Classic Chevrolet is the one currently in use in the canine program and has been outfitted ' with police equipment. Mr Helm moved, seconded by Ms Barnhouse, to approve the purchase of a 1994 Chevrolet Blazer from Classic Chevrolet, Owasso, OK for $20,598.45. 1 AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #95 -10. A RESOLUTION APPROVING A PROJECT AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF AN ACCESS ROAD TO THE NATIONAL STEAK AND POULTRY BUILDING, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS. The Oklahoma Department of Transportation has been authorized to participate with the City of Owasso in the construction of an industrial access road to provide access to the National Steak and Poultry plant. A project agreement must be approved and executed by the City in order that funds can be set aside for construction of the road. Resolution #95 -10 approves the Project Owasso City Council September 19, 1995 Agreement and authorizes the Mayor to execute the document. Mr Helm moved, seconded by Ms Barnhouse, to approve Resolution #95 -10. AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #514. AN ORDINANCE ESTABLISHING WATER RATES FOR ALL WATER CUSTOMERS OF THE CITY OF OWASSO AND APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY WHEREIN WATER RATES WERE ESTABLISHED AND ESTABLISHING AN EFFECTIVE DATE. The OPWA has adopted Resolution #95 -06, establishing water rates and providing for an increase in those rates to OPWA customers in the amount of a rate increase recently received from the City of Tulsa. The ordinance increases rates to "in- city" customers by ten cents per thousand gallons, and seven cents per thousand gallons to "rural" rate customers. Mr Helm moved, seconded by Ms Barnhouse, to approve Ordinance #514, establishing rates charged to the City of Owasso water customers and approving action taken by the OPWA to establish those rates. AYE: Helm, Barnhouse, Ewing NAY: None Motion carried 3 -0. ITEM 15: REPORT FROM CITY MANAGER Mr Ray updated the Council on action taken at the September 5th meeting, whereby staff was instructed to look into the purchase of trousers for public works, parks, and maintenance employees, instead of providing funds to each employee to purchase trousers. Arrangements have been made for the purchase of trousers from a local vendor. ITEM 16: REPORT FROM CITY ATTORNEY ' No report. ITEM 17: REPORTS FROM CITY COUNCILORS No report. I 4 14 rr iR Owasso City Council ITEM 18: UNFINISHED BUSINESS None. ITEM 19: NEW BUSINESS None. ITEM 20: ADJOURNMENT Ms Barnhouse moved, seconded by Mr Helm, to adjourn. AYE: Barnhouse, Helm, Ewing NAY: None Motion carried 3 -0 and the meeting was adjourned at 8:05 p.m. Marcia Boutwell, City Clerk 5 September 19, 1995 Charles L Burris, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Thursday, September 28, 1995 The Owasso City Council did not meet on Thursday, September 28, 1995 as posted, due to lack of a quorum. Fl�'- II DEPARTMENT TOTAL ====` I I COMMUNITY DEVELOPMENT ------------------------------ 960401 PLANNTNG CONSUT.TANTS CTTY OF OWAsqn TREASURER PETTY CASH 960687 GVNVPAT. PITTIr,) 960687 TREASURER PETTY CASH 9/99/95 10 : OR :R6 A/P M ATNIq PF.POPT APAPVP P A r, F. 960752 PC) it VENDOR DES('?TPTTON AmnTT -Jr ---------- ------------------------- ------------------------- ------------- MANAGERIAL. ------------------------------ 960647 —LAROMA STATE UNTVP.PSTTY nK BUSINESS FnPTTM 385, no 9AOA75 RODNEY PAY CITY MGP EXPENSE 9/95 288.55 9AnAS7 TREASURER PETTY CASH PFTMB PETTY CASH 17,80 960687 TREASURER PETTY CASH TENT RENTAL 125-00 9An75? SOUTHWESTERN BELL TF.T.F R/95 PT-EXAP 48.87 960755 MCI TELECOMMUNTCATTONS 2/99 IISF '4,14 ------------- DEPARTMENT TOTAL q84,36 FINANCE ------------------------------ 9AO006 CPO BUSTNESS, TNC. LTCENqF FEES ?17.00 9601?5 AMERICAN MANAGEMENT ASSOC SUPERVISOR TPATNTNG 139.()O 960920 FTNANCTAL Et')ITTPMFT;T CO CHECK ST5NFP 995.00 9A06 ?5 OFFICE DEPOT CARD PT,AN OFFTCE STJPPj,TFS 43,90 960646 COUNCTI, ON EDUCATION TN M TPATNTNG/PpRsnNNFl- 650,00 960687 TPEASUPFF PETTY CARR PFTMB PETTY CASH 14.31 II DEPARTMENT TOTAL ====` I I COMMUNITY DEVELOPMENT ------------------------------ MUNICIPAL COURT ------------------------------ 960687 TREASURER PETTY CASH 96n75? qOTTTHWESTFRN BELL TET,F 96n755 MrT TEI-ECOMMIINTCATTnNS DEPARTMENT TOTAL FM 6 ENGTNEEPTNG ------------------------------ OF PT.ANNTNG WORKSHOP PFTMB PETTY CASH PRTMR PETTY CASH PETMB PETTY CASH APPROVED STICKERS R/95 PLEXAP 9/99 TIRE PFTM? PETTY CASH 0/9551 PT,EXAR R/95 USE 1,959,21 115,00 19,61 1.3.05 10.87 45.00 48,87 , 60 r A. (12 49.97 ,14 ------------- -3 960401 PLANNTNG CONSUT.TANTS 960607 TREASURER PETTY CASH 960687 TREASURER PETTY CASH 960687 TREASURER PETTY CASH 9607?? BOCA INTERNATIONAL 960752 SOTTT14WESTFRN BELL TFT.E 960795 MCT TELECOMMUNICATIONS DEPARTMENT TOTAT. ====) MUNICIPAL COURT ------------------------------ 960687 TREASURER PETTY CASH 96n75? qOTTTHWESTFRN BELL TET,F 96n755 MrT TEI-ECOMMIINTCATTnNS DEPARTMENT TOTAL FM 6 ENGTNEEPTNG ------------------------------ OF PT.ANNTNG WORKSHOP PFTMB PETTY CASH PRTMR PETTY CASH PETMB PETTY CASH APPROVED STICKERS R/95 PLEXAP 9/99 TIRE PFTM? PETTY CASH 0/9551 PT,EXAR R/95 USE 1,959,21 115,00 19,61 1.3.05 10.87 45.00 48,87 , 60 r A. (12 49.97 ,14 ------------- -3 CTTY OF OWASRn GENERAL, FUND A/P rT.AIMR REPORT APA.PVR PAGE, 4 GO it VENDOR DESr TPTTON AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 960A ?5 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 8,9P 960691 MANSUR, DAUBERT Fi STRF1 -T.A PT-AN COPTFS /LIFT STATION 58,50 950692 AASHTO REFERENCE./STREET DERTGNS 62.50 DEPARTMENT TOTAL =___) 1 79,9P GENERAL GOVERNMENT ------------------------ - - - - -- 960414 MEMBER SERVICE L.TFE PRE -TAX ADMTN FEE 1(10.00 9A W 6 DEPARTMENT OF rnRRFCTTONS DOC WORFERS /PAY 198.00 9606215 OFFICE DEPOT CARD PLAN OFFICE SUPPI.TEF 19'x.16 960640 TULSA WORLD LEGAL NOTICES 59.05 960648 DOZIER PRINTING PRINTING -T.nW INCOME APTS 65.60 960670 TRIANGLE CO TURES /MAIL MAPS ?0.9r, 960681 CANTRELL & ASSOCIATES SURVEY /rOnF ENFORCEMENT 11200,00 960ARA TREASURER PETTY CASH RFTMR DOC MF.AT.9 157,66 960687 TREASURER PETTY CASH RFTMR PETTY CASH ?.14 9AO698 THREE LAKES MINT STORAGE STORAGF RENT 10/11/12-95 1.50,00 960750 PSO 8/95 USE 1,057.96 960751 SOUTHWESTERN BELL. TFLE 8/95 NON- PL.EXAR 47,45 9A075? SOUTHWESTERN DELL TEL.E 8/95 PT.FXAR 96079- CELLULAR ONE -TULSA 8/95 [TSE- MAYOR 179. ?0 960754 nFLA NATURAL GAP 8/95 USE 960755 MCI TELECOMMUNICATInNS 8/95 USE 61.44 DEPARTMENT TOTAL =___? 2,741.,6.'_ MATNTENANCE ------------------------------ 960687 TREASURFR PETTY CASH RF.TMR PETTY CASH 10,95 9,50699 BEWLEY SUPPLTFS VACUUM MOTnR 47,48 DEPARTMENT TOTAL = = = =) 58,2s CEMETERY , ------------------------------ 960750 PS0 8/95 USE ------- -16_8P ' DEPARTMENT TOTAL 1A,8P POT,TrF SRRVTrF; ' ------------------------------ 1 I I I I I I 4m pp is I I I I I 9/?9/95 !O:OR:q CTTY OF OWASSO ryPNEPAI.- FUND A/P CT.ATMS pppnRT APAPVP PAGE: PO # ---------- VENDOR ------------------------- DESCRTPTTON ------------------------- ------------- Amn"TNT 9A00RA T40WARD STAMPER PFTATNER/SEPVTCEc-; 150.00 960039 TITS TELE/PAGE, TNC. PACER USE 151.39 960?85 MERTDAN TECHNOLOGY TRATNING 300.00 960487 EMBLEM ENTERPRISES PATCHES/UNIFORMS 533.30 960625 OFFTCE DEPOT CARD PLAN OFFICE SUPPLTES 86.1.8 960635 DR D R BAKER TRAINING 150.00 960674 SCnPEBOARD SPORTS CTR. PLAOUES/PMPT,OYEE RPCOG loli.on 960687 TREASURER PETTY CASH RFTMB PETTY CASH 16,97 960687 TREASURER PETTY CASH EMP RECOG BANOIJET A3.60 960717 DALE 9, LEE SEPVTCE A/C REPAIR 130.00 960719 HOWARD STAMPER INSTALL HEADLIGHT FLASHER 1nn.00 960720 AT&T PACER RENT/GANG TNTERV. 1 2,95 960728 RADTO INC BATTEPTES/EMERG LTGHT 17,70 960750 PSO 8/95 USE 672-6:3 960751 SOUTHWESTERN BELL TFT.E 8/95 NON-PLEXAR 47.45 960752 SOUTHWESTERN BELL TFLE R/95 PLEXAR 9AO754 OYLA NATURAL GAS 19/99 USE 40.9R 960755 MCI TELECOMMUNICATIONS 8/95 Ul;r cili'q? DEPARTMENT TOTAL 906.27 ANTMAL CONTROL ------------------------------ 960750 PSO 4/95 USE 98,44 960792 SOUTHWESTERN BELL TFLE RI/95 PT.EXAP ?4,R4 9A0795 MCI TPLECOMMITNTCATTONS 4/95 USP 1?5 DEPARTMENT TOTAL ====) FTPE SEPTVCES ------------------------------ 9601.38 RED BUD AIR FILTER SVC FILTERS 46,38 960299 WAL-MART SUPPLTFS/HEATERS 89.88 960601. NATIONAL FIRE PPOTECTTnN NFPA MPMBFPSRTP 99.00 960604 VOLUNTEER VOLITNTFER FTRF RITHS 445.90 96n6O6 CROW BURL.TNGAME qT-TPPI.TFq/PEPATPS ?7 ?.`? 96n6A7 CASCO INDUSTRIES INC. OF BUNKER COAT 366,00 Q60682 OWASSO TIPP BARK TTRFS/ENGINF 1 :393.60 960687 TREASURER PETTY CASH PETMB PETTY CASH 11,49 960750 PSO 8/95 USp qA9.22 96075? SOUTHWESTERN BELL TELF 8/95 PT,EXAR 197,43 960754 OYLA NATURAL GAS 4/95 Uc;F 56 96.0755 MCT TELECOMMUNTCATTONS 8/95 ITSE 13.1.5 DEPARTMENT TOTAL, ?,747,77 CTTY OF oWASSO GENERAL FUND A/P CTATMq RPPnPT APAPVP PACE,, PO # VENDOR DESCRIPTION AMOTINT ---------- ------------------------- ------------------------- ------------- CTVTI., DEFENSE ------------------------------ 960063 BARON SERVICES, INC. WEATHER DATA FEE 350.00 960750 PqD 8/99 1 - TSE 64.11 960751 SOUTHWESTERN BFT-L TFT.E 8/95 NON—PT-EXAR 49.88 960752 SOUTHWESTERN BELL TET.E 8/95 PT,EXAR 24.03 960755 MOT TFLECOMMUNICATTONC; 8/95 USE 2.56 DEPARTMENT TOTAL ====) 490,58 STREET'S ------------------------------ 960131 ANCHOR STONE CO STONE /ROCK 188.28 960134 PSO STREET LTGHTTNG 11679.47 960324 APAC—nKLAHOMA, TNC. ASPHAI-T/CPUCfi9FP RUN 166.36 9A-n543 ALDERSON SUPPLY SAW PFPATR 9b075? 960556 STGNALTEY THC MATNT/RPR TRAPP T,T.q 4AJ c 1 35 960590 E0UTPMENT ONE RENTAL RA STATIC ROT ,T,PP 9/c/c?9 - 71058.06 960592 7EE MFDTCAL SERVICE FTRST ATD YTTR/'—;TTPPT.TP,- ?73, q1 9A0599 J x- P AUTO VERTCLE P"ATR 175.84 960625 OFFICE DEPOT CART) PLAN OFFICE qTTPPT.TPq ?4,44 960650 CONSOLIDATED PLASTTCS RECYCLE BTNS, 38.,SR 960655 RAINBOW CONCRETE CO CONCRFTE/qTPEET RPRq 13060-00 9A0750 PSO 8/99 TIRE 649.51 960752 SOUTHWESTERN BELL TET.E 8/95 PI.FXAR 24.03 960754 OKLA NATURAL GAS 8/95 USE 27.07 DEPARTMENT TOTAT, ------------- 11,912.84 RECREATTON CENTER ------------------------------ 960553 TUCKER JANTTOPTAL rT-FANING q!TPPLTEq 1.27.50 9AOA25 OFFTCE DEPOT CARD PLAN OFFTrF SUPPLTES 199.43 960750 PSO R/99 URR 407,R9 9b075? SOUTHWESTERN BELL TELE 8/95 PLEYAR 48.87 960754 OKT.A NATURAL GAS 8/95 lisp. 40,10 9A0755 MCT TET-.F.COMMT.INTCAT TONS 8/95 I,Tqp, .67 DEPARTMENT TOTAL ------------- 823.46 SWTMMTNG PnoT_- ------------------------------ 9006'7? CORAL POOLS CFLOP T NP /.q-!TPPI - T Eq 1 ? ?,5f! ' CTTY OF OWASSO GENFRAT- FUND 9/ ?9/95 10:03:36 A/P ('l.ATMS REPORT APAPVR PAGF: ? PO # VENT)nR DFSCRIPTTON AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 960750 POO 4!95 T)4F 38 ?, 77 960 75? SOUTHWESTERN BELL TEL.E 4/95 PLEXAR 24.OR 960754 OKLA NATURAL GAS 8/95 USE 9. 2 5 DEPARTMENT TOTAL. ____` 544,55 COMMUNTTY CENTER ------------------------ - - - - -- 9606 ?5 OFFICE DEPOT CARD PLAN OFFICE SUPPI.TES 1.1. ?8 960 70? WORLEYS GREENHOUSE BEDDING PLANTS 40,00 960703 MILL CREEK „UMBFR F SUPPI< PI,YWnnD SHELVING 3 ?19A 960750 PSO 4/95 USE 1;243.9? 960 �5? SOUTHWESTERN BELL TELE 4/95 PLFXAR 86.90 960754 OKLA NATURAL GAS 8/95 USE 54.72 9A0755 MCI TELECOMMUNICATIONS 4/95 USE 8. ?9 UNIFnRM CLEAN /RENT 56.5A ' ------- - - - - -- BAILEY EnUIPMENT DEPARTMENT TOTAL =___` 57.OR 17473.07 PARK MAINTENANCE ------------------------ - - - - -- ON 960669 LARRY TURNER MOW 86TH /RAYOT.A. ?10,00 960671. MOULDER OLDHAM CO MATNT SUPPLTFS ? ?.75 P 960673 USUABL.E STEEL YARD RFPATRS /RAVOI.A 11.44 960647 TREASURER PETTY CASH L.TrENRE FEE_. ?5.00 9607 23 ARLEY OWENS MnW ET.M CRFEV 470.00 9607 24 CTNT.AS CORP. UNIFnRM CLEAN /RENT 56.5A ' 9607 ?5 BAILEY EnUIPMENT SUPPLIESiSPnRTSPAPlV 57.OR 960726 CELLULAR ONE- TTTLSA 8.!95 USE- WARREN 960750 PPO 8/95 US E 488_ 63 ' - - - - - -- =_- DEPARTMENT TOTAL -_? 1,363.76 ' ECONOMIC DEVELOPMENT ------------------------------ 960625 OFFICE DEPOT CARD PT-AN OFFICE. SUPPLIES ?.19 DEPARTMENT TOTAL 2.19 ' FUND TOTAL = _ _ = y ; R . 385.411 CTTY np OWM3Rn AMBULANCE SERVTrF FTIND 10,0.q:36 A/P CT.ATMS pppn?T APAPVP PAGF: PO it VENDOR DESCRTPTTnN AMOUNT ---------- ------------------------- ------------------------- ------------- ------------------------------ 960687 TRPASUFFP PFTTY rASN PPTMIR PETTY CASH 4,00 ------------- DEPAPTMFNT TOTAL 4,00 AMRULANCE 960150 DR, AMBRnsp SnT-ANn, M.D. MONTUTY AlInTT 250,00 960151 MEDTCAL COMPLTANCE SPECTA BTO-WASTE ';UPPLTFS 30.00 960602 AT.-LIANCE MEDIrAT, INC. STJPPLTFc-I,/AMRUT.AN(E 572.57 960603 PACE PRODUCTS OF TULSA TN SUPPLTES/AmBITLANCE 82.50 960605 PTO-SAFFTY SYSTFMS (31 OVFcZ/AMPTJI -ANCE ?41, 36 960666 — ST FRANCTS l4OqPTTAL TRATNTNG 100,00 nPPARTMENT TOTAL ------------- FUND TOTAL rTrY OP OwAqqn p - 911 9/29/95 lO:03:36 A/P C7.ATM5 R�pORr ApA9VR Pot: PO # V��DOR DSScRT97TnN AMQU0T ---------- ------------------------- ------------------------- ------------- | N� POLTCE COMMVNTCA?ION5 ------------------------------ 960005 5OV7RMPS7PRI-I Ppl�. rPllP, DEPARTMENT TOTAL ====N FUND TOTAL ====} E-911 l,844,29 ------------- 1,844.19 ------------- l,844.19 ? 9/29/95 10:03:36 CTTY OF nWAsn CTTY GARAGE A/P CLAIMS RFPORT APAPVP PAGE: 11 PO # VENDOR DESCRTPTTnN AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- C_.TTY GARAGE ------------------------ - - - - -- 960105 OWASSO GLASS SAFETY MIRROR 142.48 960342 INTERSTATE BATTERY SYSTEM BATTERIES 16700 960491 MILEAGE. MASTERS TIRES 565.00 960504 OWASSO TIRE BARN TIRES 310.95 960620 PARTS PLUS PARTS 216.81 960620 PARTS PLUS SUPPLIES 20.31 960629 CTNTAS CORP. UNIFORM /SHOP SUPPLIES 85.12 9601687 TREASURER. PETTY CASH REIMB PETTY CASH 7.12 960687 TREASURER PETTY CASH RFTMA PETTY CASH 19.70 9601687 TREASURER PETTY CASH REIMB PETT'; CASH 11.95 960695 DRIVE TRAIN SPFCTALISTS PARTS 43.21 960696 TOE ESCO TIRE COMPANY TIRES /POLICE CARS 500.00 960697 REYNOLDS RADIATOR RFPATR TRACTOR RAPTATOR 66.00 960700 ZEP MANUFACTURING CO. HAND CLEANER 4900 960701 FARM PLAN CLUTCH /PLATE 131.98 960728 RADIO INC BATTERIES /FMERG LTGHT 88.50 960750 PSO 8/95 USE 139.14 9601752 SOUTHWESTERN BELL TELE 8/95 PLEXAR 48.52 960754 OKLA NATURAL GAS 8/95 USE 3 ?,21 960755 MCT TELECOMMUNTRATTONS 8/95 USE 6.00 DEPARTMENT TOTAL =___? 2,67140 FUND TOTAL =___> 2,671.40 ' CTTY OF OWASSO C_.APITAL PROTECTS GRANT ' 9/29/95 10:03:36 A/P CLAIMS RPPORT APAPVR PAGE: PO # VENDOR D.ESCRTPTTON AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ' C_.DRG -NSP. CONTRACT 6592 ED 87 ------------------------------ ' 960183 SACK & ASSOC_TATES, TNO. 960705 TNCOG ' DEPARTMENT TOTAL ' ODOC_CDBG, -CONTRACT - 661.2 -WS -94 960704 INCOG DEPARTMENT TOTAL = = = =3 FUND TOTAL GRAND TOTAL ENGINEERING_, SRRVTCES /NGP 1,289.25 ADMIH EXPENSES /NSP 253.57 1.542.8-9 ADMTN EXPENSES /REHAB 799.1.7 799.17 ?.341..99 155,885.91 12 VENDOR TRANSFERS CITY GARAGE WORKER'S COMP SELF -INS GENERALFUND GENERALFUND CITY OF OWASSO A/P TRANSFER REPORT DESCRIPTION AMOUNT TRANSFER FROM GENERAL FUND 2,333.33 TRANSFER FROM GENERAL FUND 9,012.50 TRANSFER FROM AMBULANCE FUND 13,166.67 TRANSFER FROM E -911 FUND 1,375.00 TRANSFERS TOTAL 25,887.50 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09/16/95 Park Maintenance 0.00 2,276.50 APPROVE 10/03/95 Mayor Council Member Council Member OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Finance 76.90 6,365.61 Mumci�al Court 0.00 1,388 75 :......::::::::....... ....:::::::::::::....:......_ `0.00......... .....................146.75 :... Buildiny:<:<' Maintenance: ::::::........................... .. .......................::::.... ..Central Disatch 592 .68.........................4 850.88 Fire 1,519.43 32,914.32 :::>,.:::, ...:.:::::::::::::::::::::::::::::::::::::::.:....:::::::::::::::::::::::::::.::.:..:.:.:::.: Recreation Center 0.00 21487.54 Park Maintenance 0.00 2,276.50 APPROVE 10/03/95 Mayor Council Member Council Member APPROVE 10/03/95 Mayor Council Member Council Member F J CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09/16/95 t OVERTIME TOTAL ' DEPARTMENT EXPENSES EXPENSES Garage t $0.00 $1,982.24 APPROVE 10/03/95 Mayor Council Member Council Member F J f d-n-" -- - - Li K e .L 1 1 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REZONING REQUEST OZ -95 -05 DATE: September 25, 1995 BACKGROUND: Kaiser - Francis Oil Company, applicant and owner, has requested rezoning of a 344 acre tract 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). A copy of the complete staff report is attached for your information and review and includes subject maps. It should be noted that the application has been amended and no zoning which would permit apartments outright is included within this request. 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. Most concerns were voiced regarding the proposed RM -1, which has been removed from the applicant's request. The portion that contained the RM -1 zoning will be reviewed by the Planning Commission on October 10, 1995, and is likely to be reviewed by the City Council on October 17, 1995. Any letters which voiced concerns with the remaining portions of the application have been attached for your review. The Planning Commission denied the original application, which included the RM -1 zoning (4 -1). 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 amended their request, removing Tract B (Multi - Family) from the application. Therefore, the tract of the application which was the subject of a majority of the concerns aired at the Planning Commission meeting has been withdrawn from the application. June 2 1995 Mayor Burris Councilor Helm the City Manager and I attended a On Ju 9, y y g 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. Following that meeting, City Council hearings on the application have been postponed on three separate occasions. Two continuances were requested by the applicant in order to provide further review of their request. The rezoning application was continued from the September 19, 1995 meeting due to a request by Mayor Burris (because two members of the Council planned to be out of town on the date of the meeting). The initial staff report to the Planning Commission is no longer accurate considering the amendments which were made by the applicant. A new staff report has been submitted with this memorandum for your information and review and does contain pertinent information regarding the applicant's request as well as some basic planning principles as they would be applied to the subject property. 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 October 17, 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 Tract I. ATTACHMENTS: 1. OZ -95 -05 Staff Report. 2. Letter of appeal submitted by Mr. Alberty. 1 1 1 1 r CITY OF OWASSO Planning Department OZ -95 -05 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); 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 generally 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, 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 344 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 -05 Page 2 of 6 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. 344 acres of the subject site are proposed for residential zoning, 292 of which are designated specifically for single - family dwellings while 15 acres are designated for duplex dwellings. No zoning which would permit apartments outright is included within this proposal. The remaining property would be zoned either commercial or office and would primarily be concentrated near the corners of E. 86th Street North and N. 129th E. Avenue, E. 86th Street North and N. 145th E. Avenue. This is the largest rezoning case reviewed by the staff, Planning Commission, and City Council since the Larkin Bailey PUD. Two amendments to the zoning request were made by the applicant prior to this request being reviewed by Council. Initially, the request included a small commercial parcel (under 5 acres) near what would be the northwest corner of E. 76th Street North and N. 145th E. Avenue. This request was amended to a request for RE (Residential Estates) zoning. This amendment was made at the Planning Commission public hearing. The second amendment contained a 16 acre tract on which RM -1 (Residential Multi- Family Low Density) zoning was being requested. The applicant amended their request not include this parcel in this proposal. Since that amendment requested a higher intensity zoning than what was originally asked for (CS - Commercial Shopping Center instead of RM -1), the applicant must go back through the public hearing process via the Planning Commission prior to City Council action. This item will be hear by the Planning Commission on October 10, 1995 at 7:00 PM and forwarded to the City Council for action on October 17, 1995 at 7:00 PM. Because the request before you 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 Shopping Center The applicant's request contains one area in which they are requesting commercial zoning. The 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, as it defines this area as being a "Type Two Activity Center" located at the intersections of primary arterial streets. A "Type Two ' Staff Report OZ -95 -05 Page 3 of 6 Activity Center" is forty (40) acres, ten (10) acres distributed to each corner. While the applicants request is slightly larger than what the Comprehensive Plan deems appropriate, it is consistent with that which is found on the southwest and northwest corners of E. 86th !r Street North and N. 129th E. Avenue, and is comparable in size to those areas, if not smaller. The northwest and southwest corners of E. 86th Street North and N. 129th E. Avenue contain a total of 33.50 acres of commercial zoning. OL - Office Light The applicants request 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 tract in which the applicants are requesting additional CS zoning on ' October 10th and 17th, 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. OL zoning at this location may be considered to be a preferred buffer from any possible commercial development within the V subject property to the west. 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 (Type Two Activity Center). The applicants request for office development in this area is much less than that which would be in ' compliance with the Comprehensive Plan. 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. It should be noted that residential zoning should not continue to the corner of E. 86th Street and N. 145th E. Avenue. Currently, no housing additions platted in the 70's, 80's, or 90's ' extend to the corner of two arterial streets as this is not desirable for the eventual resident. Office, commercial, or multi - family development as a buffer between a heavily traversed intersection and residential property is preferred and accepted nationally. In this case, the applicant is requesting the lowest intensity of the three - office. 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. Staff Report OZ -95 -05 Page 4 of 6 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 87 acres or 34% 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. The Comprehensive Plan identified that area as being appropriate for commercial development. This should not occur, however, due to N. 145th E. Avenue has not been extended in that area, and the likelihood that it will be many years before such extension actually occurs. 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. Prior to any development of this property, the platting process would also be required. RS -2 Residential Single - Family Medium Density 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 Density 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. .T IRD 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 on the corner of E. 86th Street North and N. 129th E. Avenue and contains approximately 15 acres. The Owasso Comprehensive Plan identifies this area as ' being appropriate for medium density residential development. 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 between the two types of development. Historically, the Community Development staff, the Owasso Planning Commission and the City Council are all too familiar with the Taco Bueno /Reesor's and Three Lakes conflict. While an RD addition has the potential for twice as many families per acre than an RS -3 ® addition, an RD area would only be slightly more dense (meaning more housing structures per acre) than that which is found in the Elm Creek and Copper Meadows Addition, as an RS -3 zoning requires a minimum lot size of 7,000 square feet and an RD zoning requires a minimum of 6,900 square feet. Staff is aware of property owners concerns regarding whether or not any proposed duplexes would be a "quality" development. Covenants of any RD addition would be reviewed in public hearings as part of the platting process and the types, styles, elevations, colors, etc should not be considered in the rezoning application. What should be reviewed is the consistency with the Comprehensive Plan, existing and past development trends, and whether or not the need for this type of zoning and /or development is strong. This property would also be required to go through the platting process as well. N COM LENTS ' Staff received numerous calls and visits regarding the initial zoning request, with most individuals indicating an opposition to the multi - family zoning request. Additional comments opposing the office zoning on the southwest corner of E. 86th Street North and N. 145th E. Avenue, and the RD portion were also received. Any letters containing comments opposing the OL or RD zonings have been included in your packet as the RM -1 zoning was removed by the applicant. W Staff Report OZ -95 -05 ' Page 5 of 6 IRD 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 on the corner of E. 86th Street North and N. 129th E. Avenue and contains approximately 15 acres. The Owasso Comprehensive Plan identifies this area as ' being appropriate for medium density residential development. 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 between the two types of development. Historically, the Community Development staff, the Owasso Planning Commission and the City Council are all too familiar with the Taco Bueno /Reesor's and Three Lakes conflict. While an RD addition has the potential for twice as many families per acre than an RS -3 ® addition, an RD area would only be slightly more dense (meaning more housing structures per acre) than that which is found in the Elm Creek and Copper Meadows Addition, as an RS -3 zoning requires a minimum lot size of 7,000 square feet and an RD zoning requires a minimum of 6,900 square feet. Staff is aware of property owners concerns regarding whether or not any proposed duplexes would be a "quality" development. Covenants of any RD addition would be reviewed in public hearings as part of the platting process and the types, styles, elevations, colors, etc should not be considered in the rezoning application. What should be reviewed is the consistency with the Comprehensive Plan, existing and past development trends, and whether or not the need for this type of zoning and /or development is strong. This property would also be required to go through the platting process as well. N COM LENTS ' Staff received numerous calls and visits regarding the initial zoning request, with most individuals indicating an opposition to the multi - family zoning request. Additional comments opposing the office zoning on the southwest corner of E. 86th Street North and N. 145th E. Avenue, and the RD portion were also received. Any letters containing comments opposing the OL or RD zonings have been included in your packet as the RM -1 zoning was removed by the applicant. W Staff Report OZ -95 -05 Page 6 of 6 Letters were initially 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 neighborhood group was formed regarding the rezoning request and since the amendments to the original application (omitting the RM -1 and CS in the southeast corner of the subject property) as well as the continuances on this case at the Council level, staff has kept this group well informed. 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 rior to the staff presentation of the report, in effort to verify as much information as possible regarding the request. Staff feels the zoning patterns proposed by the applicant are of a sound nature based on acceptable planning practices. RECOMMENDATION Staff is recommending approval of the rezoning request from AG to RE, RS -2, RS -3, RD, OL and CS. 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 sent to surrounding property owners. 6. Copy of notification published in the Owasso Reporter. 7. Copies of letters opposing the rezoning request. „ t Zoning Exhibit Owasso Land A Pat of 690don 28. S. �. • rwmWp 21 Nanh Finns u Fiat, rJsa Caws old•tgna Kaiser Francis On Company IN 1 i —wv - — t 1' 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 706,4.21 S.F. OR 16.22 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 1 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 a 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; a 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 0 015'50" 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 1 IROC - 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 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 RS -3 AG AG / ti t Z OWASSO BRENTWOOD ) p ----- - -- -_I SR. HIGH _ - - - �- - -- SCHOOL ESTAT�.S U K . AG wool A E. 86TH STREET NOR i in m Im ) 1 iun - • "Moo �►r-al" DOUBLE OAKS PP �■■ ■hit imp s SUBJECT - - - - - - - - PROPERTY RS ruo -42�f II I c RE E. 76TH STREET NORTH RE 0 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.) 60 One Family 150* 100 75 65, 60 Two Family 60 Multifamily 7,000 (other than RTH) 7,000 LOT AREA (Min. Sq. Ft.) 6,000 One Family 24,000 13,500 9,000 7,000 6,900 Two Family 6,900 Multifamily 1,600 (other than RTH) LAND AREA PER D.U. (Min. Sq. Ft.) One Family 28,375 16,000 10,875 8,400 8,400 Two Family 4,200 Multifamily (other than RTH) For each of the first two (2) D.U.'s on the lot For each addi- tional D.U. Less than two bedrooms Two or more bedrooms TOWNHOUSE DEVELOPMENT ** Development Width (min. ft.) Lot Width (min. ft.) Lot Area (min. sq. ft.) Land Area (of development) per D.U. (min. sq. ft.) 23 60 60 60 60 60 60 100 100 6,900 7,000 7,000 6,900 79000 7,000 10,000 6,000 71500 7,500 7,500 4,600 4,600 4,200 4,600 4,200 3,100 2,400 ' 4,356 3,100 1 70 20 70 20 70 20 ' 1,600 1,600 1,600 3,600 2,200 2,200 ' 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 41,000 2,000 1,400 1,000 400 Front Yard Abutting a Public Street: Measured from center- line of abutting street; add I 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 I 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 Side Yards (min. 25 20 20 20 20 10 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 minimum frontages as long as the front building line on said lot is a minimum of one hundred twenty - five (125) linear feet. * *A minimum of two (2) townhouse lots. * *In the RM -1 district, a one -story limitation shall apply to structures containing more than 3 dwelling units which are within 50' of an ad- joining RE or RS district. ' * ** *Does not apply to interior lot line of townhouse developments. 24 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -95 -05 (918) 272 -2251 FAX (918) 272 -4999 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 NORTHWEST QUARTER (NW /4) AND THE SOUTHWEST QUARTER (SW /4) OF THE NORTHEAST QUARTER (NE14) 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 (E12) 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 H 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 enable 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 1 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. 1 1 1 Dated at Owasso, Oklahoma, this 26th day of May, 1995. Sincerely, �� I/�Y�D 0 Timothy D. Ro n y Community Deve opment Directo RS-3 i I � AG AG OWASSO SR. HIGH ------ SCHOOL PU011 wu RS eel �� „ � �• � t �eee� 'S -I / r ��. BRENTWOOD all AG J A RE E. 76TH STREET SUBJECT PROPERTY ri RE b Zoning 0 SIR . Land A Pt of 8005M W. Kaiser Francis 02 Company I= -V.- i 0 "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 -05. 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 Beginning_- 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. �1 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 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. MLNO AND Commencing t the Northwest corner of Section 28 Township g � P 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 ig nning. Said area containing M 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. ►11. 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 1 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. 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 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 ig nning. Said area containing 15.43 acres more or less. ' from an AG (Agriculture) to an OL (Office Light) District. The general location of the property is Southwest of Brentwood Estates. AND Commencing t the Northwest corner of Section 28 Township g � P 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 ig nning. Said area containing M 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. ►11. 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 1 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. U 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 151.74 acres more or less from an AG (Agriculture) to a RS -2 (Residential Single- Family 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 01'15'50" West for a distance of 400.00 feet; thence North 89 °42'44" West for a distance of 550.00 feet; thence North 0 015'50" 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 inning_ 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. 11 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 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. /.\O Commencing at the Southeast corner of Section 28, Township 21 North, Range 14 East, thence North 89 059'46" 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 20 046'44" East for a distance of 750.22 feet; thence South 0'15'50" West for a distance of 1138.62 feet; thence South 00 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 0013'27" 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. 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. Timothy D. Rooney Community Development Director Timothy Rooney Community Development Director 207 S. Cedar Owasso, OK 74055 June 8, 1995 RE: Kaiser- Francis OI1 Company's Application for Zoning Reclassification We, Ron and Linda Younger, residents of Copper Meadows are strongly opposed to the zoning and /or builing of the apartment complex or shopping center. We purchased in a nice addition that had restrictions so that our property would hold its value, or increase in value. We have lived in Copper Meadows over five (5) years and are proud of our location. We feel with the rezoning classification, 129th & 86th streets will become too congested with traffic and noise as well as other problems We would like the zoning to remain residential, single family, with values the same as the surrounding area. We are oppesed to rental housing, apartments or duplexes. We understand that Owasso is growing and changes will occur, but we must try and understand the feeling of others and how it will effect their lives or livelihood. Please reject the request for apartment or duplex to be built at this location. r Thank ou, n. R. Younge Linda C. Younger J. KEVIN AND HOLLY S. THIBODEAUX �� off• June 9, 1995 J c -1)' Timothy Rooney e��a�`�G Community Development Director 207 South Cedar Owasso, Oklahoma 74055 Dear Mr. Rooney: This letter is in response to the hearing on rezoning land in Owasso on the corner of 129th and 86th street. As residents of Copper Meadows subdivision we feel that the proposed changes may be beneficial to the community but certain aspects of the rezoning may affect the community adversely. Specifically, we are against the rezoning to include multi - family low density housing (apartments and duplexes). We feel that the proposed changes are not in the best interest of Owasso. Our community has a very quiet and family- oriented setting. This is a major attractant to families moving from Tulsa and our community should not be modeled after Tulsa. The proposed changes are different from the current character of Owasso. Specifically, it differs from the current single - family housing in the surrounding areas. We feel that the selected location will result in increased traffic congestion in front of the high school which is already heavily congested. The proposed changes may have a negative influence on the great school system Owasso prides itself on. In our opinion other options between the commercial and residential zoning should be explored. Although there are only a few multi - family residential areas currently in Owasso we can examine these areas to see that the property values will decline and may inhibit the growth of Owasso in these locations. In conclusion, Owasso is a great community that is growing very rapidly. However, our community should also consider very carefully any changes from our current character that may inhibit future growth. SinceereI yours, J. Kevin Thibodeaux- Holly S. Thibodeaux 12901 East 80th Court North•Owasso, Oklahoma 74055 June 8, 1995 Mr. Timothy Rooney Community Development Director 207 S. Cedar Owasso, OK 74055 Dear Mr. Rooney: RECEIVED JUN V P.M. OWASSO, OKLAHOMA PLANNING COMMISSION I am a resident of Copper Meadows addition in Owasso, and have been for over one year. I love the quality of life in Owasso, the neighborhoods, and the school system. I moved from Broken Arrow, where I lived for over 12 years. I work for BANK IV as a District Manager and Vice President. My office is at 51st and Sheridan in Tulsa. I have seen the demographics of that neighborhood change over the 12 years I have worked at that location. It is my experiences in Tulsa and Broken Arrow that have prompted this letter. I have been a passive observer in the past to ill- advised zoning changes that have drastically (and negatively) impacted the quality of life of these areas, and it is my intention to at least voice my opinion and opposition to the zoning reclassification of the property just south of the Owasso High School to RM -1. Here are the reasons for my opposition to this change: 1) The location of an apartment complex directly across from the high school and junior high would result in additional and unnecessary traffic congestions to an area that is already congested and will be further congested with development of other single- family residential areas in that proximity. 2) The proposed zoning change is a departure from the character and single - family zoning of the surrounding area. 3) This change is not in the best interests of Owasso. As I mentioned earlier, my experiences have seen what happens as a result of a failed or failing apartment complex. For example, at 51st and Memorial, behind the Fontana Shopping Center, an apartment complex failed and was converted to low-income, government housing. This happened approximately three years ago. Since that time, crime has increased greatly. Pride of ownership doesn't exist, and the surrounding area begins to take on a tired, wornout look. New residents to the area see this and move on in selecting a place to raise their families. I am unconvinced that Owasso is in a position demand -wise to keep a second apartment complex filled. Broken Arrow was not able to. The other apartment complex in Owasso was not able to. The business in the strip center across the street are continually changing (i.e. going out of business). It is my belief that the future of this proposed business is, at best, speculative, and is probably doomed to fail. And that is not in the best interests of Owasso. Using this area for building reasonably priced homes (between 80 and 100 thousand) makes more sense in adding residents to the community. We have a number of upper -end housing options, but the mid -range homes seem to be in short supply. The pride of ownership would be intact, and businesses would be attracted who would be more likely to succeed. 4) There are other options that provide a buffer between the proposed CS zoning change and the proposed new residential areas. These options could include free space/open area requirements, or an additional RD buffer instead of the apartment complex. Thank you for your time, Mr. Rooney. I am a concerned Owasso resident, and I am afraid that this zoning change to such a coveted piece of property is short- sighted. Sincerely, -21aa- , X"'L� Kelley Znders 13138 E. 79th Ct. N. Owasso, OK 74055 274 -9668 V 13157 E. 80th St. N. Owasso, Okla. 74055 June 30, 1995 Dear Timothy Rooney: RECEIVED JUL ;5 P.M. OWASSO, OKLAHOMA PLANNING COMMISSION We attended the planning meeting about the rezoning of the land north and east of our home in Copper Meadows. We are very disappointed in the proposals, and feel the city commissioners should leave the zoning as it is currently. One reason given for apartments was for a buffer to the commercial property. Why have commercial properties there at all? There are many buildings in Owasso such as the Food Lion and Tierra Vista standing empty. ' I have lived and worked in Broken Arrow. I moved to Owasso to get away from the disaster Broken Arrow has become due to over development. There is a point where development deteriorates the quality of a community. In Owasso we have a choice over greed or quality of life. I have worked in Broken Arrow since 1974. Development has continued relentlessly. Broken Arrow has the following problems: 1. Massive traffic on inadequate two lane roads. 2. Crowded, congested schools with no funding to handle the children. 3. Congested expressways to Tulsa (where most residents work). ' 4. Increased crime and drug traffic directly related to low income housing such as apartments which causes homes to be sold as rental properties which further exacerbates the problem. ' Is this what we want for Owasso? Traffic is already very heavy on highway 169. We do not want the city commissioners to approve any apartments at all on this area of land. How will our two ' lane roads handle the additional traffic? A moratorium should be imposed on further development until the city can afford to keep up with adequate streets to handle the traffic, adequate police force, adequate schools, and adequate water and sewer system. The reason I sold my home in Turtle Creek in Broken Arrow was to ' get away from the traffic and deterioration of my housing addition. It is sad to think Owasso will be ruined in the same greedy way as Broken Arrow. Jerry Cole said not to lump everyone who lives in an apartment in the same category. However, we must face the reality of what happens to with apartments. Not all apartment dwelling people are troublemakers. However, there are many who ARE. People ' addicted to drugs and alcohol do not keep great jobs. They need a place to live and can only afford a small trailer or apartment. These type of folks steal, fight, and the fights result in ' murders at times. Other low income families are abusive resulting in domestic violence. I am quite familiar with these types of individuals. They are users, needing free services of ' the schools in testing, special service classes and social services. This will cost Owasso in terms of the police force, agency services, and the additional services they will require of the school district. That is the reality of apartments, despite Jerry Cole's feelings. If he does not believe me, he should try living near the apartments near Indian Springs for a while. It is dangerous to take an evening walk in that area. Our home is up for sale. My husband and I figured that the beautiful pasture north of us would be developed someday. We agreed that when that happened, we would move. He and I do not know where we will go, but we want to preserve the quality of our life. Money is the root of all evil Sincerely, " ot &o Donna Welker Why not make a park in this area? RECEIVED JUL 3 P.M. OWASSO, OKLAHOMA PLANNING COMMISSION 1 I 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 -05 (KAISER- ERA.NCIS OIL CO.) RECEIVED JUN 2:_' R M. ov,Awa, 0"L�tforvA FL*M JG.. (ClaiVITAISSiON' Dear Mr. Rooney: 1h Pursuant to Section 1530.3b. Owasso Zoning Code please consider this our written ' request for a hearing by the City Council of OZ- 95 -05. 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 14 be considered as requested and reconunen.ded 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. N in Sincerely, IA/D GROUP 1 B. Wayne Alberty P 1 TO: FROM: SUBJECT: DATE: RODNEY J. RAY CITY MANAGER F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR STREET REPAIR PRIORITIES September 28, 1995 BACKGROUND: Public Works Department staff have compiled information pertaining to needed street repairs in response to the establishment of funding in the FY95 -96 Capital Improvement Fund budget. Sites within the city limits were visited, investigated and repair components identified. As a result, projects have been divided into two lists. The listings and location maps have been made according to 1- larger, overlay projects (see Figure 1) and 2- performing small, miscellaneous street repairs (see Figure 2). Costs for each of the identified projects have been tabulated (see attachments). Available funding for FY95 -96 is budgeted at $113,700 (Fund 81- 410 - 5466). Estimated costs for these projects are $583,550 for street overlay and $44,900 for miscellaneous street repairs. The total estimated costs are expected to be approximately $628,450. Therefore, prioritization of projects is required, since each of the two lists exceeds the budget. PRIORITIZATION: Each of the project lists were evaluated by staff to determine a prioritized ranking. Projects were given a numerical score and the combined scores were tabulated to assess ranking. Criteria used in the scoring included: Affordability - The total cost of each project was compared with the other projects. The ability to complete a number of projects within the established budget is limited by the relative cost of the repair. A high score in this category was indicative of a low cost of repair. Impact - Many of the projects were included on the listings due, in part, to the number of calls from residents in the vicinity. Repairs in areas with high traffic volume were also considered. A high score in this category was indicative of high visibility of the project and potentially high traffic volume. Page 2 Street Overlay Projects Prioritization Resultant scores of each project are listed below: Project Number Location Estimated Cost Prioritized Score Resultant Ranking STREET OVERLAY 1 10800 E. 99th St. North $3,450 24 3 2 107th E. Ave. & 96th Place 8,600 26 2 3 Do wood St. 19th St. to 20th Court 6,900 4 121 st Court south of 90th St. N. 8,600 22 4 5 11 th St. Main to Cedar 31,000 16 8 6 8th St. Main to Do wood and Elm to Owasso Ex 52,000 11 13 7 Beaumont St. & 5th St. Carlsbad to 700 block 55,000 9 16 8 Carlsbad St. 3rd St. to 700 block 96,000 10 15 9 Birch St. 4th St. to 6th St. 38,000 14 11 10 Atlanta St. 3rd St. to 4th St. 38,000 15 10 11 Elm St. 3rd St. to 3rd Court 49,500 11 14 12 81 st St. Owasso Exp to end 20,500 19 6 13 83rd St. 125th E. Ave. to 126th E. Ave.) 57,000 19 7 14 125th E. Ave. 82nd St. to 83rd St. 24,000 20 5 15 82nd St. 125th E. Ave. to 128th E. Ave. 64,000 13 12 16 76th St. & Atlanta intersection 1,400 35 1 17 4th St. Cedar St. to Dogwood St. 29,600 16 9 Street Overla Pro'ects Subtotal $583,550 MISCELLANEOUS REPAIRS 1 10703 E. 98th St. El Rio Vista $6,200 10 11 2 10703 E. 97th PI. El Rio Vista 195 32 2 3 10707 E. 99th Pl. El Rio Vista 875 30 4 4 9911 E. 107th St. El Rio Vista 2,600 23 8 5 2202 N. Dogwood St. Ator 250 31 3 6 108 E. 21 st St. Ator 1,150 28 7 7 320 N. Do wood St. Old Town 8,700 12 10 8 305 N. Do wood St. Old Town 16,600 10 12 9 11809 E. 80th PI. Elm Creek 4,100 19 9 10 8208 N. 128th E. Ave. Elm Creek 730 37 1 11 121 st E. Ave. & 89th St. intersection Lake Ride 1,750 30 5 12 90th St. & 121 st E. Ave. intersection Lake Ride 1,750 30 6 Miscellaneous Repairs Pro'ects Subtotal $44,900 TOTAL 1 $628,450 ,. usly .uMon— by �—cu w the ininmi project. 1 IIIIN 1 Page 3 Street Overlay Projects Prioritization The following table is a cumulative summary of project costs based on the rank prioritization: Project Number Location Estimated Cost Cumulative Costs Ranking STREET OVERLAY Dogwood St. (19th St. to 20th Court) $6,900 $6,900 16 76th St. & Atlanta intersection 1,400 8,300 1 2 107th E. Ave. & 96th Place 8,600 16,900 2 1 10800 E. 99th St. North 3,450 20,350 3 4 121 st Court (south of 90th St. N.) 8,600 28,950 4 14 125th E. Ave. 82nd St. to 83rd St. 24,000 52,950 5 12 81st St. (Owasso Exp to end) 20,500 73,450 6 13 83rd St. 125th E. Ave. to 126th E. Ave. 57,000 130,450 7 5 11th St. (Main to Cedar) 31,000 161,450 8 17 4th St. Cedar St. to Dogwood St. 29,600 191,050 9 10 Atlanta St. (3rd St. to 4th St.) 38,000 229,050 10 9 Birch St. 4th St. to 6th St. 38,000 267,050 11 15 82nd St. (125th E. Ave. to 128th E. Ave.) 64,000 331,050 12 6 8th St. (Main to Dogwood and Elm to Owasso Ex 52,000 383,050 13 11 Elm St. (3rd St. to 3rd Court) 49,500 432,550 14 8 Carlsbad St. 3rd St. to 700 block 96,000 528,550 15 7 Beaumont St. & 5th St. (Carlsbad to 700 block) 55,000 16 Street OverfaV Projects Subtotal $583,550 �583,550 MISCELLANEOUS REPAIRS 10 8208 N. 128th E. Ave. Elm Creek $730 $730 1 2 10703 E. 97th PI. El Rio Vista 195 925 2 5 2202 N. Dogwood St. Ator 250 1,175 3 3 10707 E. 99th PI. El Rio Vista 875 2,050 4 11 121 st E. Ave. & 89th St. intersection Lake Ridge 1,750 3,800 5 12 90th St. & 121 st E. Ave. intersection Lake Ridge 1,750 5,550 6 6 108 E. 21 st St. Ator 1,150 6,700 7 4 9911 E. 107th St. El Rio Vista 2,600 9,300 8 9 11809 E. 80th Pl. Elm Creek 4,100 13,400 9 7 320 N. Do wood St. Old Town 8,700 22,100 10 1 10703 E. 98th St. El Rio Vista 6,200 28,300 11 8 305 N. Dogwood St. Old Town 16,600 44,900 12 Miscellaneous Repairs Projects Subtotal $44,900 TOTAL $628,450 rrewousiy autnonzea oy �ouncn rrs the iruum protect. Page 4 Street Overlay Projects Prioritization FUNDING AVAILABILITY: As previously stated, the FY95 -96 Capital Improvement Fund available budget is $113,700 (Fund 81- 410 - 5466). Therefore, sufficient funds are available to complete the first six street overlay projects (including that previously authorized by Council) and eleven miscellaneous repair projects. A cumulative total of $73,450 is estimated for completion of these 6 street overlay projects and $28,300 for 11 miscellaneous projects. The resultant combined total of these identified projects is $101,750. The balance remaining available funds is $11,950, should the identified projects be completed within each budget estimate. Staff proposes that these initially funds be classified as contingency in case of unforseen construction difficulties. As progress on these projects is made, a status report will be prepared to summarize estimated costs versus actual expenditures. The status report will be used to revise funds availability for additional projects based upon the prioritization ranking. Purchases and /or contract items requiring prior authorization will be brought before Council as work at each location proceeds. It is expected that bid specifications may be prepared to enable a contractor to be hired for multiple locations. In addition, materials purchased by the city to be used by our crews may require prior authorization due to the size of some of the projects. RECOMMENDATION: Staff recommends Council authorization to proceed on the following street repairs as part of the FY95 -96 Capital Improvement Fund Street Overlay program: Location Estimated Cost STREET OVERLAY PROJECTS Dogwood St. (19th St. to 20th Court)* $6,900 76th St. & Atlanta intersection 1,400 107th E. Ave. & 96th Place 8,600 10800 E. 99th St. North 3,450 121 st Court (south of 90th St. N.) 8,600 125th E. Ave. (82nd St. to 83rd St.) 24,000 81 st St. (Owasso Exp to end) 20,500 MISCELLANEOUS REPAIRS 8208 N. 128th E. Ave. Elm Creek $730 10703 E. 97th PI. El Rio Vista 195 2202 N. Dogwood St. Ator 250 10707 E. 99th PI. El Rio Vista 875 121st E. Ave. & 89th St. intersection Lake Ridge 1,750 90th St. & 121st E. Ave. intersection Lake Ridge 1,750 108 E. 21st St. Ator 1,150 9911 E. 107th St. El Rio Vista 2,600 11809 E. 80th PI. Elm Creek 4,100 320 N. Dogwood St. Old Town 8,700 10703 E. 98th St. El Rio Vista 6,200 Za e, wU'wu w use nnusi proles[. 1 Page 5 Street Overlay Projects Prioritization ATTACHMENTS: 1. Figure 1 - Potential Street Overlay Projects 2. Figure 2 - Miscellaneous Street Repair Projects 3. Potential Street Overlay Projects Costs Estimates 4. Miscellaneous Street Repair Projects Costs Estimates 1 �Q 7 6TH it 17ftPH HEIGHTS o 'A, T 'IR to I r' R (� BAILEY RANCH N M GL EN —MUR Z 75TH P 101ST ESTATES 101ST ST. o COMBS _ r O Lr ' 100TH 73 . 99TH P 0 17- 9 99TH ST. 73RD PL 98TH ST F- rn 97TH o p 97TH Q EL RIO 97TH W VIS TA 96TH 96TH PL 9 6TH :z 71ST o 951 H -5TH 2 CAUDLE ESTATES WIN CT SO L OUT LAK 9L PROJECTS FY 95 -96 WINDSOR ° AK CITY OF OWASS❑, OKLAHOMA PUBLIC WORKS DEPARTMENT 93RD R A TOR HEIGHTS 4 $ N = 2 21ST CT OUT Z M ^� �P 20TH Cl vul AKE CAM oTN P Ly 91ST Q RIDGE ti m 19T 18T N N sod 130 ARRI C 17TH ST a w �(/ _ °'° S CENTRAL, �,, 01N Li °~r o PARK a '' 16TH w 8 /n 88TH OUT F5 14 N RAM W $ PLAZA 86TH 8 6 H ° 85TH P z o 85TH � N 13- 85TH TH �_ o Q o w N 84TH 7 8 D � 84TH Q EL CREE 7TH °w T v 8 83RD ST �O h r t f 6TH N5TH OJ 3 82N 1�-7,-- 81 STF 4TH S p 81S 0 �2�� lV c�� N 3RD po CT Z a t 80TH �S S� $ y OF �-��O Q ° -, a° _ U anTU it 17ftPH HEIGHTS o 'A, T 'IR to I r' R F- j Z 75TH P 9 /i 16 ° N ° _ r O Lr ' 4= ; 73 . 0 17- 73RD PL o F- rn Q m w U W :z 71ST cf — POTENTIAL STREET OVERLAY PROJECTS FY 95 -96 68- CITY OF OWASS❑, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION rl ^l mr w I i i i N 3 U e (L BAILEY RANCH Z NI I GLEN —MUR 101 ST ES TA TES 101ST ST. 4 ° 100TH ^� H � COMBS 99 99TH ST. T ST 7TH °2 97TH Q EL RIO 97TH W VISTA 96TH 96TH PL 96 H o fy CAUDLE 95 H - 5 ES TA TES WIN SO CT F L OUT LAK 9 P o H WINDSOR AK 1I M 93 ATOR HEIGHT l N OUT z P 1 ST CT ro CAM EN O 2 TH Cl- LAKE s1STRIDGE FAIRWAYS _ m 19T 90TH s o .> 130 ARRI O 18T w OUT .0 �� °° CENTRAL, ^ti w OIN LARKIN 17TH ST o PARK �= Q LL 16TH v w , n &8ry (f J M M 88T 88TH OUT 14 AZ W m PLAZA A 8 H P6N. 11TH °p 0 85TH P 00 = 85TH °N° 85TH Z 10TH N F N Q o w 84TH N 84TH OUTHER LI 8 D EL 7TH o OUT 7TH a RD S 0 6 TH 6T J ` `� 10 °0 TH 82N = °z ZN� m 4TH S 81ST ^ C,4 N C) 81 N 3 CT 81 ST N 80TH O N L� O� w = 79TH CT �L >� 0C 80TH o 79TH ST OEIG HT00 1ST ST 78 H PL H 8 7 TH 77TH PL 6 T H 15 AV N 77TH T 76TH N T CIR -3 R H ° 75TH PL 4TH. AVE. r- cti � 0 ui 73 3. c w 73RD PL 0 0 _ W o F ^ rn (� U Q m MISCELLANEOUS STREET REPAIR Z PROJECTS FY 95 -96 CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION POTENTIAL STREET OVERLAY PROJECTS (FY 95-96) Project No. 1. 10800 E. 99th St. N. Repair Size - 100SY Remove Street @ $10 \SY $1000 6" Concrete Base @ $15 \SY 1500 2" Asphalt Overlay 11T @ $45 \Ton 495 2995 Contingency (15%) 455 Total $3,450 Project No. 2. 107th E. Ave. & 96th Place Repair Size - 300SY Remove Street @ $5 \SY $1500 6" Concrete Base @ $15 \SY 4500 2" Asphalt Overlay 33T @ $45 \Ton 1485 7485 Contingency (15 %) 1115 Total $8,600 Project No. 3. Dogwood Street ( 19th Street to 20th Courts (Funded 7 -6 -95) Street Length - 50 LF " Width - 26 LF Remove Street $1500 Replace Base Course 1300 6" Concrete 145 SY @ $22 \SY 3200 6000 Contingency (15%) 900 Total $6,900 Project No. 4. 121st. Court ( South of 90th St. N. Street Length - 100 LF " Width - 26 LF Saw Cut & Remove 300SY @ $5 \SY $ 1500 6" Concrete Base @ $15\ SY 4500 2" Asphalt Overlay 33T @$45 \Ton 1485 7485 Contingency (15%) 1115 Total $ 8,600 Page 2 Potential Street Overlay Project No. 5. 11th St. (Main To Cedar) Street Length - 600 LF " Width - 26 LF Spot Repairs $ 1000 Milling\Resurfacing @ $15 \SY 26000 27000 Contingency (15 %) 4000 Total $31,000 Project No. 6. 8th St. (Main to Dogwood And Elm to 169 Access Rd.) Street Length - 1000 LF " Width - 26 LF Spot Repairs $ 2000 Milling \Resurfacing @ $15 \SY 43000 45000 Contingency (15 %) 7000 Total $52,000 Project No. 7. Beaumont St. & Fifth St.(Carlsbad to 700 Block) Street Length - 1000 LF " Width - 26 LF Spot Repairs $ 5000 Milling\Resurfacing @ $15 \SY 43000 48000 Contingency (15 %) 7000 Total $55,000 Project No. 8. .Carlsbad St. Ord St. to 700 Block) Street Length - 1800 LF " Width - 26 LF Spot Repairs $ 6000 Milling \Resurfacing @ $15 \SY 78000 84000 Contingency (15 %) 12000 Total $96,000 Project No. 9. Birch St. ( 4th St. to 6th ST.) Street Length - 700 LF " Width - 26 LF Project No. 10. Project No. 11. Project No. 12. Page 3 Potential Street Overlay Spot Repairs $ 3000 Milling\Resurfacing @ $15 \SY 33000 Contingency (15 %) 5000 Total $38,000 Atlanta St. (3rd St. to 4th St.) Street Length - 700 LF " Width - 26 LF Spot Repairs $ 1000 Milling\Resurfacing @ $15 \SY 30000 33000 Contingency (15 %) 5000 Total $38,000 Elm St. Ord St. to 3rd Court ) Street Length - 600 LF " Width - 26 LF Remove Street @ $5 \SY $ 8500 Replace 8" Base Course 12000 6" Asphalt Overlay 565T @$40 \Ton 22600 43100 Contingency (15 %) 6400 Total _81 st St. . 169 Access Rd. to End) Street Length - 1000 LF " Width - 26 LF $49,500 Spot Repairs $ 5000 2" Asphalt Overlay 320T @$40 \Ton 12800 17800 Contingency (15 %) 2700 Total $20,500 Page 4 Potential Street Overlay Project No. 13. 83rd St. (125th E. Ave. to 126th E. Ave.) Street Length - 720 LF " Width - 26 LF Remove Street @ $5 \SY $10400 Replace 8" Base Course 12000 6" Asphalt Overlay 675T @ $40 \Ton 270 49400 Contingency (15%) 7600 Total $57,000 Project No. 14. 125th E. Ave. ( 82nd St. to 83rd St.) Repair Size - 700 SY Remove Street @ $10 \SY $ 7000 6" Concrete Base @ $15 \SY 10500 2" Asphalt Overlay 76T @ $45 \Ton 3420 20920 Contingency (15 %) 3080 Total $24,000 Project No. 15. 82nd St. ( 125th E. Ave. to 128th E. Ave.) Street Length - 700 LF " Width - 30 LF Remove Street @ $5 \SY $11500 Replace 8" Base Course 14000 6" Asphalt Overlay 760T @$40 \Ton 30400 55900 Contingency (15 %) 8100 Total $64,000 Project No. 16. 76th St. & Atlanta St, Intersection Repair Size - 40 SY Remove Street @ $10 \SY $ 400 6" Concrete Base @ $15 \SY 600 2" Asphalt Overlay 5T @$45 \Ton 225 1225 Contingency (15%) 175 Total $ 1,400 Page 5 Potential Street Overlay Project No. 17. 4th St. ( Cedar St. to Dogwood St Street Length - 300 LF " Width - 26 LF Remove Street @ $10 \SY $ 8600 Replace 8" Base Course 6000 6" Asphalt Overlay 280T @$40 \Ton 11200 25800 Contingency (15 %) 3800 Total $29,600 Grand Total All Projects $583,550 MISCELLANEOUS STREET REPAIRS FY95 -96 Location 1. 10703 East 98th Street (EL RIO VISTA) Size -216SY Saw Cut and Remove @ $5 /SY $1080 6" Concrete Base @ $15 /SY 3240 2" Asphalt Overlay - 24T @$45/T 1080 5480 Contingency (15 %) 800 Total $6,200 Location 2. 10703 East 97th Pl. North (EL RIO VISTA) Size - 5 SY Saw Cut and Remove @ $10 /SY $ 50 6" Concrete Base @ $15 /SY 75 2" Asphalt Overlay - 1T @$45/T 45 170 Contingency (15 %) 25 Total $ 195 Location 3. 10707 East 99th Pl. North (EL RIO VISTA) Size - 25 SY Saw Cut and Remove @$10 /SY $ 250 6" Concrete Base @ $15 /SY 375 2" Asphalt Overlay - 3T @$45/T 135 760 Contingency (15 %) 115 Total $ 875 Location 4. 9911 East 107th St. North (EL RIO VISTA) Size - 90 SY Saw Cut and Remove $5 /SY $ 450 6" Concrete Base @ $15 /SY 1350 2" Asphalt Overlay - 10T @$45/T 450 2250 Contingency (15%) 350 Total $2,600 Page 2 Miscellaneous Street Repairs Location 5. 2202 N. Dogwood (ATOR HEIGHTS) Size - 5 SY Saw Cut and Remove $15 /SY $ 75 6" Concrete Street @ $25 /SY 125 200 Contingency (15%) 50 Total $ 250 Location 6. 108 East 21st Street (ATOR HEIGHTS) Size - 25 SY Saw Cut and Remove $15 /SY $ 375 6" Concrete Street @ $25 /SY 625 1000 Contingency (15 %) 150 Total $1,150 Location 7. 320 North Dogwood (OLD TOWN) Size - 300 SY Saw Cut and Remove $5 /SY $1500 6" Concrete Base @ $15 /SY 4500 2" Asphalt Overlay 35T @$45/T 1575 7575 Contingency (15 %) 1125 Total $8,700 Location 8. 305 Dogwood (OLD TOWN) Size - 575 SY Saw Cut and Remove $5 /SY $2875 6" Concrete Base @ $15 /SY 8625 2" Asphalt Overlay 65T @$45/T 2925 14425 Contingency (15%) 2175 Total $16,600 Location 9. 11809 East 80th Pl. North Size - 145 SY Page 3 Miscellaneous Street Repairs (ELM CREEK) Saw Cut and Remove $5 /SY $ 725 6" Concrete Base @ $15 /SY 2175 2" Asphalt Overlay 15T @$45/T 675 3575 Contingency (15 %) 525 Total $4,100 Location 10. 8208 North 128th East Ave. (ELM CREEK) Size - 20 SY Saw Cut and Remove $10 /SY $ 200 6" Concrete Base @ $15 /SY 300 2" Asphalt Overlay 3T @$45/T 135 635 Contingency (15 %) 95 Total $ 730 Location 11. 121st and 89th Intersection (LAKE RIDGE) Size - 50 SY Saw Cut and Remove $ 10 /SY $ 500 6" Concrete Base @ $15 /SY 750 2" Asphalt Overlay 6T @$45/T 270 1520 Contingency (15 %) 230 Total $1,750 Location 12. 90th and 121st Intersection (LAKE RIDGE) Size - 50 SY Saw Cut and Remove $ 10 /SY $ 500 6" Concrete Base @ $15 /SY 750 2" Asphalt Overlay 6/T @$45/T 270 1520 Contingency (15 %) 230 Total $1,750 Grand Total All Projects $44,900 1 SAFETY NATIONAL CASUALTY CORPORATION SETTLEMENT 1 September 26, 1995 Page Three I. ATTACHMENTS: Letter from Joseph R. Farris, Adjunct Settlement Judge Letter from Ronald D. Cates, City Attorney Letter from Self Insurors Service Bureau dated April 1, 1992 Safety National Invoice #25316 $10,757 Safety National Invoice #25314 $17,621 Safety National Statement $28,378 Safety National Statement $54,800 Letter to Safety National dated July 23, 1993 Letter from Safety National dated September 10, 1993 Lawsuit filed by Safety National, Case No. CJ94 02809 W RAYMOND G. FELDMAN ROBERT A. FRANDEN JOHN R. WOODARD, 111 JOSEPH R. FARRIS LARRY G. TAYLOR VICTOR R. SEAGLE PONY M. GRAHAM JODY R. NATHAN R. JACK FREEMAN 1. DAVID MUSTAIN ELLEN CASLAVKA EDWARDS DOUGLASS R. ELLIOTT CATHY G. ENTERLINE R. DANIEL SCROGGINS BRIAN R. BERRY DONALD A. LEPP KRISTIN BLUE FISHER TARA SEBOURN INHOFE 1• DEREK INGLE FELDMAN, HALL, FRANDEN, WOODARD & FARRIS ATTORNEYS AT LAW PARK CENTRE - SUITE 1400 525 SOUTH MAIN TULSA, OKLAHOMA 74103 -4523 September 1, 1995 Ronald D. Cates, Esq. 525 South Main, Suite 680 Tulsa, Oklahoma 74103 WILLIAM S. HALL (1930 -1991) TELEPHONE (918) 583 -7129 TELECOPY (918) 584 -3814 VOICE MAIL (918) 583 -7159 Re: Safety National Casualty Corporation v. City of Owasso; Case No. CJ 94 -2809 Dear Mr. Cates: I write to confirm my recommendation that this case be settled for $16,000. If need be, I would be happy to share my reasoning with the Owasso City Council, but I trust you can convey my impressions and recommendations to them. g 1yyours . Farris Firm JRF /cr RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918 -582 -7447 FAX 918 -582 -0166 MEMORANDUM TO: Honorable Mayor and Members of the Owasso City Council FROM: Ronald D. Cates, City Attorney DATE: September 27, 1995 RE: Safety National Casualty Corporation, Plaintiff, vs. City of Owasso, Case No. CJ -94 -2809, Tulsa County District Court, State of Oklahoma The issue under consideration involves a Petition for Indebtedness filed by the Plaintiff, Safety National Casualty Corporation, against the City of Owasso, Oklahoma. Safety National Casualty Corporation is an insurance company which beginning July 1, 1991, provided excess workers compensation coverage for the City in conjunction with the City's workers compensation self insurance program. The City obtained the excess workers compensation insurance via contacting J -P Hogan Insurance, a local insurance company, who in turn contacted Self Insurers Service Bureau, an insurance brokerage firm located in Oklahoma City which was in the business of helping clients establish and administer self insurance programs. Self Insurers- Service Bureau established an agency agreement with the City of Owasso, Oklahoma, and subsequent thereto, contracted with Safety National Casualty Corporation for a three (3) year provision of excess workers compensation insurance for the City. Safety National Casualty Corporation, in its lawsuit, sets forth two (2) distinct and separate causes of action for recovery against the City of Owasso, Oklahoma. Initially, Safety National Casualty Corporation, in its first cause of action, seeks to recover the sum of Ten Thousand, Seven Hundred Fifty -Seven Dollars and no /100's ($10,757.00) which is asserted as being the difference between the deposit premium of Twenty -Seven Thousand, Four Hundred Dollars and no /100's ($27,400.00) paid by the City of Owasso, Oklahoma, and the asserted earned premium based upon payroll calculations beginning July 1, 1991, and ending June 30, 1992, for a premium in the amount of Thirty-Eight Thousand, One Hundred Fifty -Seven Dollars and no /100's ($38,157.00). Secondly, Safety National Casualty Corporation seeks to recover the sum of Seventeen Thousand, Six Hundred Twenty -One Dollars and no /100's ($17,621.00), such amount being asserted as an actual earned premium during the period of July 1, 1992 through October 26, 1992, the date that the coverage was terminated for non - payment of premium. In addition to the monetary amount sought by Safety National Casualty Corporation on its first and second causes of action, it, pursuant to Oklahoma Statutes, seeks a recovery of costs and Attorney's fees. 2780- 282.owa/lrs 1 I. RELEVANT POSITIONS OF THE PARTIES It is the position of Safety National Casualty Corporation that it should have judgement against the City of Owasso, in a principal sum of Twenty -Eight Thousand, Three Hundred Seventy - Eight Dollars and no /100's ($28,378.00) plus interest, both prejudgment and post judgment, cost and Attorney's fees in this action. It is the position of the City of Owasso, Oklahoma, that Safety National Casualty Corporation should recover nothing from this Defendant due to misrepresentations on the part of agents for Safety National Casualty Corporation, to -wit: Self Insurers Service Bureau, Inc., or alternatively, that such sum sought exceeded the appropriation therefor in fiscal year 1991 -92 and by reason thereof any agreement made by any representative on the part of the City of Owasso, Oklahoma, for payment of such is unlawful and void. As regards the Seventeen Thousand, Six Hundred Twenty -One Dollars and no /100's ($17,621.00) claimed by Safety National Casualty Corporation for payroll period of July 1, 1992, through October 26, 1992, the City of Owasso, Oklahoma, submits that it did not have a valid contract with Safety National Casualty Corporation, nor was there an appropriation in Fiscal Year 1992 -93 budget therefor and that by reason thereof Safety National Casualty Corporation can not recover said amount. H. STATUS OF PROCEEDING On the 31 st day of August, 1995, the Parties and Counsel of Record appeared in the offices of Joe Farris, Adjunct Settlement Judge, pursuant to order of the District Court in and for Tulsa County, State of Oklahoma, the Honorable Ronald L. Shaffer. Appearing on behalf of the Plaintiff was Mr. James Rusher, Attorney at Law, as well as Mr. Jeff Otto, General Counsel for Safety National Casualty Corporation. Appearing on behalf of the City, in addition to myself, were Mr. Rodney J. Ray, City Manager and Ms. Regena Parsons, Workers Compensation Administrator for the City of Owasso, Oklahoma. After extensive shuttled discussion on the part of the Adjunct Settlement Judge between the Parties, a tentative settlement agreement was reached in the amount ' of Sixteen Thousand Dollars and no /100's ($16,000.00) for a dismissal with prejudice and a full release of the City of Owasso, Oklahoma, its past, present or future officials, officers or agents. Understandably, the settlement is tentative, the finality of such being dependent upon approval by the ' City Council of the City of Owasso, Oklahoma. 111. ANALYSIS It is a shared opinion amongst trial judges across this state if not these United States that a ' "bad settlement" is always better than a "good lawsuit ". This attitude on the part of trial jurists is the result of having years of experience witnessing the expenditure of great sums of money to litigate a matter as well as the often unanticipated and unintended results accomplished through submission of a controversy to a third party be it trial by the Court or trial by jury. Accordingly, it is the shared 2780- 282.owa/lrs 2 P opinion that the parties to a controversy that has resulted in litigation are better served by exhausting every opportunity to resolve their differences between themselves thus retaining control over their destiny as compared to submission of their destiny to another person or persons. In full recognition of the foregoing, it is respectfully submitted that the tentative settlement agreement in the amount of Sixteen Thousand Dollars and no/100's ($16,000.00) reached on the 31st day of August, 1995, represents a tentative settlement possessing the benchmark traits of a "good settlement ", i.e., such amount is far less than what the Plaintiff demanded, to -wit: Twenty -Eight Thousand, Three Hundred Seventy -Eight Dollars and no /100's ($28,378.00) plus interest, both prejudgment and post judgment, costs and Attorney's fees, as well as far more than what the Defendant sought to pay, to -wit: zero and receive its Attorney's fees and costs incurred. Of critical importance in evaluation of the acceptability of the tentative settlement is recognition of the factors which played a roll in arriving at the tentative settlement amount of Sixteen Thousand Dollars and no /100's ($16,000.00). Such factors are the following, to -wit: 1. The City of Owasso, Oklahoma, could not and would not pay twice for the same thing. This should be understood as saying that in the tentative settlement no amount of money is factored in for paying for coverage that the City of Owasso, Oklahoma, had previously paid for; 2. The City of Owasso, Oklahoma, could not and would not pay the sum of Ten Thousand, Seven Hundred Fifty -Seven Dollars and no /100's ($10,757.00), such representing the difference between the asserted deposit premium and the excess premium due to the fact that such exceeded the Fiscal Year appropriation 1991 -92 and therefore any such payment would be unlawful and void under the provisions of ' 62 0. S. § 479, et seq., as well as municipal budget act 110. S. § 17 -101, et seq.; 3. The City of Owasso did receive excess workers compensation coverage for the time t period July 1, 1992, through October 26, 1992, for which the City of Owasso, Oklahoma, for which it did not pay for; 4. The sum of Seventeen Thousand, Six Hundred Twenty -One Dollars and no /100's ($17,621.00) sought by Safety National Casualty Corporation from the City of t Owasso, Oklahoma, for the coverage from July 1, 1992, through October 26, 1992, which the City of Owasso, Oklahoma, did not pay for, was in our opinion excessive; ' 5. A more realistic premium charge for the four (4) months uncompensated coverage would be some amount similar to the premium for the proceeding year, to -wit: Twenty -Seven Thousand, Four Hundred Dollars and no /100's ($27,400.00) which for the four (4) month uncompensated period would result in the sum of Nine Thousand, One Hundred Thirty -Three Dollars and 33/100's ($9,133.33). It should be noted at this juncture, however, the figure of Nine Thousand, One Hundred Thirty -Three Dollars and 33/100's ($9,133.33) does not take into consideration any premium 2780- 282.owa/lrs 3 increases experienced in the industry between Fiscal Year 1991 -92 and Fiscal Year 1992 -93 nor does such take into consideration any excess premium, such being the difference between the deposit premium and the earned premium based upon actual payroll costs as is the standard in the industry. Accordingly, after extensive discussion, it was determined that the minimum exposure the City of Owasso, Oklahoma, was facing was the sum of Nine Thousand, One Hundred Thirty -Three Dollars and 33/100's ($9,133.33) with the possibility of such escalating to the sought Seventeen Thousand, Six Hundred Twenty -One Dollars and no /100's ($17,621.00) for the four (4) month period of coverage which the City of Owasso, Oklahoma, had not paid for; 6. Recognition that in all likelihood a judgement would be entered against the City of Owasso, Oklahoma, for a sum of money between Nine Thousand, One Hundred Thirty-Three Dollars and 33/100's ($9,133.33) and Seventeen Thousand, Six Hundred Twenty -One Dollars and no /100's ($17,621.00), necessitated the additional realization that the City of Owasso, Oklahoma, would be paying prejudgment and post - judgement interest on such sum as well as the Plaintiffs costs and Attorney's fees and the costs and Attorney's fees incurred by the City in defense of this matter. It should be noted at this point that as regards the issue of costs and Attorney's fees, the exposure becomes not only less certain in terms of amount but more importantly beyond the control of the City of Owasso, Oklahoma. Expressed another way, once it is determined that the Plaintiff will prevail and recover something from the Defendant in a proceeding of this nature, the only thing that remains to be seen is what amount of costs and Attorney's fees will the City incur in defending itself as well as what amount will the Court determine is a reasonable amount for the City to pay unto the Plaintiff for its costs and Attorney's fees. As relates to the latter, a couple of instances, to -wit: Thirty -Three Thousand Dollar and no /100's ($33,000.00) Plaintiff's decision, Twenty -Two Thousand Dollar and no /100's ($22,000.00) costs and Attorney's fees and Ten Thousand Dollar and no /100's ($10,000.00) Plaintiffs decision, Forty Thousand Dollar and no /100's ($40,000.00) cost and Attorney's fees sought, Twenty -Eight Thousand Dollars and no /100's ($28,000.00) awarded - Tulsa County District Court, State of Oklahoma, evidence the very critical importance of factoring in the exposure to large sums for costs and Attorney's fees. In this proceeding, the parties had filed pleadings, submitted interrogatories, submitted requests for production of documents, reviewed and evaluated answers to interrogatories as well as documents provided and had taken one (1) deposition. Accordingly, based upon experience, it was felt that the Plaintiff had thus far incurred a potentially significant amount of pre -trial costs and Attorney's fees. Thus, another factor in arriving at the tentative settlement agreement in the amount of Sixteen Thousand Dollars and no /100's ($16,000.00) was the objective of the City's avoidance of incurring additional costs and Attorney's fees in defense of itself as well as stopping the fee meter of Plaintiff s Counsel. Accordingly, it was thus determined that the sum of Sixteen Thousand Dollars and no /100's ($16,000.00) was an 2780- 282.owa/irs 4 1 appropriate amount for Plaintiff to receive for the excess workers compensation coverage for the period July 1, 1992, through October 26, 1992 which had not been paid for, interest on such withheld amount as well as Plaintiffs incurred costs and Attorney's fees. IV. RECOMMENDATION Based upon the foregoing, it is recommended to the City Council that the tentative settlement agreement reached on the 31 st day of August, 1995, in the amount of Sixteen Thousand Dollars and no /100's ($16,000.00) for a dismissal with prejudice and a full release of the City of Owasso as well as its past, present, and future officials, officers and agents be ped. I ubmitted, R -Mald D. Cates City Attorney 2780- 282.owa/lrs 5 Self Insurors Service Bureau, Inc. i April` 1_,, 1992 , Jo Ellen Krantz ' City of Owasso 4 207 Cbdar Owasso, OK 74055 Dear Jo: ' As a follow -up to. our phone conversation. yesterday, s just wanted to confirm the following: 1) Excess reinsurance cost for the coming year (92 -93) No significant change. Cost is based on payroll and will remain the same as long as payroll is consistent with last year. 2) Service fee for the coming year (92 -93) (_ No change. Claims are being held down and I would recommend no change. I hope this will help you prepare your budget. I look forward to working with you and the City of Owasso for the coming year. Sincerely, Randy L. Cowell Senior Marketing Representative 2241 W. 1-44 SERVICE ROAD P. O. BOX 12958 • OKLAHOMA CITY, OK 73157 * 405/524 -SISB (7472) • FAX 405/524 -7444 on INSURED CITY OF OWASSO PRODUCER ACCOUNT 1010 28944 VIVTY YEA S INVOICE FROM 7/01/91 AGC,-)028OK 25316 WORKERS COMPENSAT=4 Safety National P.O. BOX 14987 TO 7/01/92 am Casualty Corporation CC ST. LOUIS, MO. 63150 AGGREGATE a SPECIFIC IMPORTANT -w PREVIOUSLY BILLED 12 PLEASE MAKE CHECKS PAYABLE TO CITY OF OWASSO SAFETY NATIONAL CASUALTY CORPORATION AUDIT P 0 BOX 27 381157,00 OWASSO OK 74055 TO INSURE PROPER CREDIT, PLEASE RETURN SECOND COPY OF INVOICE TOTAL DUE WITH YOUR CHECK. INSURED CITY OF OWASSO PRODUCER ACCOUNT 1010 28944 DATE 9 " 14/ 93 BILLING TERM POLICY NUMBER TR. COVERAGE KINDS OF INS PREMIUM AMOUNT FROM 7/01/91 AGC,-)028OK WORKERS COMPENSAT=4 TO 7/01/92 AGGREGATE a SPECIFIC H PREVIOUSLY BILLED 12 27j400.00CR 4 AUDIT 12 381157,00 TOTAL DUE jo) 7S PREMIUM IS DUE UPON ISSUANCE OF THIS INVOICE SEE REVERSE SIDE FOR EXPLANATION OF CODES Telephone 314/862-4500 Fax 314/862-2030 CUSTOMER'S COPY lil i� F\FTY YEAPS 9�1 9g2 Safety National am Casualty Corporation CC CITE OF OWASSO P O BOX 27 OWAS sO •011 74 055 INSURED CITY OF OWASSO INVOICE 25314 P.O. BOX 14987 ST. LOUIS, MO. 63150 IMPORTANT AW PLEASE MAKE CHECKS PAYABLE TO SAFETY NATIONAL CASUALTY CORPORATION TO INSURE PROPER CREDIT, PLEASE RETURN SECOND COPY OF INVOICE WITH YOUR CHECK. PRODUCER ACCOUNT i'G10 28744 DATE 9/.14/93 BILLING TERM POLICY NUMBER TR. COVERAGE PREMIUM AMOUNT FROM 7/01/92 AGC2'0280F WORKERS COMP ENSATIOt4 fKI TO 10/26/92 AGGREGATE a SPECIFIC ti PREVIOUSLY BILLED 4 AUDIT 1 � 171 ts2� .00T # TOTAL DUE #* 171621.00 PREMIUM IS DUE UPON ISSUANCE OF THIS INVOICE SEE REVERSE SIDE FOR EXPLANATION OF CODES Telephone 314/862 -4500 Fax 314/862 -2030 CUSTOMER'S COPY STATEMENT PRODUCER: SEE REVERSE SIDE FOR EXPLANATION OF CODES Telephone 314/862-4500 Fax 314/862-2030 (PRODUCER ACCOUNT) DATE ACCT'G PERIOD I POLICY NUMBER ACCOUNT EFFECTIVE DATE KIND CODE TR PREMIUM OR RETURN PREMIUM CREDIT 0-30 31 60 OVER 60 CITY OF OWASSO 7/01/92 12 4 1716'-11,00 7/0,1/9 -. iZ 101757,00 SUBTOTAL 21 S.- -a 7 e s 00 THE iBOVE AMOUN—S REPRESENT K*SNC,-- N 'T AMOUNT jE'U**1 INVOICES ARE DELINQUENT AFTER "'o r-1H---Ys Premiums due and payable on effective date of policy, 78, 00 TO INSURE PROPER CREDIT, PLEASE RETURN SECOND COPY OF STATEMENT WITH YOUR CHECK CITY OF OWASSO P 0 BOX 27 OWASSO Of*.* 7405—c - ALL TRANSACTIONS AFTER THE ABOVE DATE WILL PLEASE PAY APPEAR ON NEXT MONTH'S STATEMENT, THIS AMOUNT w" PIN. M M — 1--- --1 �\FTY YEA Safety National sm Casualty Corporation CC i# P.O. BOX 14987 ST. LOUIS, MO. 631 IMPORTANT --w PLEASE MAKE CHECKS PAYABLE TC SAFETY NATIONAL CASUALTY CORPORF STATEMENT PRODUCER: SEE REVERSE SIDE FOR EXPLANATION OF CODES Telephone 314/862 -4500 Fax 314/862 -2030 PRODUCER ACCOUNT DATE ACCT'G PERIOD POLICY NUMBER ACCOUNT EFFECTIVE DATE KIND CODE TR PREMIUM OR RETURN PREMIUM CREDIT 0-30 31 - 60 OVER 60 0.:./ I? r1Gr -- 20::.80 i_17"i OF Oiti45S0 7/01 /{i 1 4-1)100.00 06/1' 7/0i/9 12 13)700,00 SUBTOTAL 54 1800.00 541800'.00 Premiums due and payable on effective date of policy, 5418 {0, 00 5'-F 1800.00 TO INSURE PROPER CREDIT, PLEASE RETURN SECOND COPY OF STATEMENT WITH YOUR CHECK ALL TRANSACTIONS AFTER THE ABOVE DATE WILL APPEAR ON NEXT MONTH'S STATEMENT. P.O. BOX 14987 ST. LOUIS, MO. 6315 F \F7Y YE4RS ye"� sy� IMPORTANT C11'Y OF OWASSO .i p 0 BOX `, Safety National tjj,�AySS[j j;�F ;. ' /cl.E;.c;c s PLEASE MAKE CHECKS PAYABLE TO Casualty Corporation SAFETY NATIONAL CASUALTY CORPORAT C 1 rl ISTOMFR COPY City of Owasso 207 SOUTH CEDAR PHONE 272 -2251 i July 23, 1993 Ms. Joddi Siebert Premium Audit Analyst Safety National Casualty Corporation 8151 Clayton Road St. Louis, MO 63117 RE: PREMIUM STATEMENTS #25638 AND #25636 Dear Ms. Siebert: OWASSO, OKLAHOMA 74055 The City of Owasso terminated its contract with you effective November 22, 1992. We were quoted and billed a first year premium of $27,400. This amount was paid by the City of Owasso. Prior to renewal of the excess coverage policy, on April 1, 1992 Randy L. Cowell, Sr. Marketing Representative for Self Insurors Service Bureau, Inc., Oklahoma City, Oklahoma advised us in his letter to the City of Owasso that there would be "no significant change" in premium for the 1992 -93 renewal period. Your renewal, of course, carried a significant increase which we were not informed of until August 1992. We then began the task of trying to obtain information about this billing as we were advised there would be "no significant change" in premium. I believe we can both agree that a quoted premium of $27,400 and a billed premium of $40,687. is indeed "significant '. Once it became clear that you would not honor the quotation from your ' servicing agent, we terminated the contract after securing coverage from another insurance company. Therefore, it is the position of the City of Owasso that we were billed for $27,400 for first year coverage which was paid by the City. No additional monies are due as the City terminated its policy with Safety National. I� Sincer y, Rodney . Ra City Manager Safety National Y Casualh, Coi-poration September 10, 1993 Mr. Rodney Ray City of Owasso 207 South Cedar Owasso, OK 74055 RE: Physical Audit Results Policy I AGC- 2028 -OK 7/1/91 - 10/26/92 Dear Mr. Ray: We have received your letter dated July 23, 1993 concerning the above referenced audit and the non - payment of the additional premium due. Todd Sandberg, Regional Underwriting Manager and I have discussed this. issue and we agreed, in all fairness to both parties, to waive the minimum premium and charge you just the earned premium. However, in doing this we reserve the right to offset the difference against any losses in the future, if necessary. As a result, the additional premium due for the entire period is $28,378.00 as opposed to the original $54,800.00 that was previously billed to you. Please see the attached invoices and revised summary of calculations. Although you have terminated with us, this additional premium has been earned for the time period of 7/1/91- 10/26/92 for which you did have coverage with us. According to the terms of the contract, your policy was based on estimated payroll figures which were subject to audit, therefore, meaning the deposit was subject to adjustment according to the audit results This was the si ed agreement made betwe�._th Cj_t_y of Owasso and Safety National Cor oratioli� n order to abide by this contract, t e a cTitional pr-emi enerated from the physical audit performed must be paid upon receipt of these revised invoices. If you have any further questions or problems, please do not hesitate to contact me at 314 - 862 -4500 ext. 327. Thank you. Sincerely, Joddi Siebert Premium Audit Analyst Enclosure cc: Mr. Jeff Otto, Assistant General Counsel, SNCC VMrs. Barb Platipodis, Accounting Manager, SNCC Mr. Tom Redoutey, Premium Audit Manager, SNCC Mr. Todd Sandberg, Regional Underwriting Manager /Southwest, SNCC 8151 Clayton Road St. Louis. MISSOUri 63117 (314) 862 -4500 rn x ("14) XW.1030 SUMMONS' i IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA, 500 SOUTH DENVER, TULSA, OKLAHOMA 74103 SAFETY NATIONAL CASUALTY CORPORATION VS. CITY OF OWASSO Cleo Garbee Municipal Court Clerk P.O. Box 180 Owasso, Oklahoma 74055 To the above -named Defendant(s) t Plaintiff(s) . Defendant(s) Case No. ` " '.9 ,q L n 9 Attorney(s) R fyr Name rUff(sl sher , OBA #11501 Address ea cast e, ALBRIGHT & RUSHER 2600 Bank IV Center 15 West Sixth Street Telephone `Lisa, OK 71(119 -5434 (918) 583 -5800 * To be served by Certified Mails Appointed to serve. PSL N Authorized by You have been sued by the above named plaintiff(s), and you are directed to file a written answer to the attached petition ' and order in the court at the above address within twenty (20) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the plaintiff. Unless you answer the petition within t stated judgment will be rendered against you,with costs of the action. Issued this U day of #* 11 •: M t1 15 i Court Clerk (Seal) ' This summons and order was served on I _ I `' (data of service) ' Gi-lL , I 611 � ' (Sign ure )of person serving summons) 1 1 fl 1 - y YOU MAY SEEK THE ADVICE -OF AN ATTORNEY ON ANY MA= CO NNLt;L>rh'4WITH THIS SUITOR YOUR ANSWER. SUCH:ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO.THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THIS SUMMONS.. Form 2290 (Fes. 9 -85) Pape 2 of 5 CFB Return ORIGINAL for filing. 1 DISTRICT COURT IN THE DISTRICT COURT IN AND FOR TULSA COUNTy'UL 8 STATE OF OKLAHOMA SAt.LY HOWE SMITH. OW" C1,EM SUIT OF CjcL rj= C01=1 SAFETY NATIONAL CASUALTY CORPORATION, VS. CITY OF OWASSO, Plaintiff, CJ a4 On ,q09 Case No. Defendant. PETITION - INDEBTEDNESS Plaintiff, Safety National Casualty Corporation, formerly known as Safety Mutual Casualty Corporation ( "Safety National ") , for its claims against the City of Owasso ( "City ") , alleges and states as follows: 1. Safety National is a corporation which is licensed to do business in the State of Oklahoma. 2. City is a municipality in the State of Oklahoma. 3. On or about July 1, 1991, Safety National issued a Specific Excess and Aggregate Excess Workers' Compensation Insurance Agreement (hereinafter referred to as the "Policy ") to City. A true and complete copy of the Policy is attached hereto as Exhibit 111 ". 4. The Policy provides the City with coverage for losses for worker's compensation claims that exceed certain amounts. 5. The Policy was for a three year period. 6. The method of calculation of the premium due for the Policy is set forth in Paragraph "H" of the Policy. 7. Under the terms of Paragraph H of the Policy, the City was required to pay a Deposit Premium each policy year or Payroll Reporting Period. The Deposit Premium was calculated based upon several factors including the City's estimated payroll for the upcoming year and the applicable worker's compensation insurance rates in effect in the State of Oklahoma. 8. Within thirty days after the end of each Payroll Reporting Period, City was required to provide to Safety National with a report showing, by classification, the amount of renumeration earned by the City's employees during the reporting period. Based upon the actual payroll figures and the applicable worker's compensation rates, the Earned Premium would be calculated. If the Earned Premium for the applicable Payroll Reporting Period was in excess of the Deposit Premium, the City was required to pay to Safety National the excess. If the Deposit Premium exceeded the Earned Premium, Safety National was required to return to the City the amount of the excess. 9. For the Payroll Reporting Period beginning July 1, 1991, the City paid a Deposit Premium of $27,400. 10. The actual Earned Premium for the Payroll Reporting Period beginning July 1, 1991 and ending June 30, 1992 was $38,157. 11. The Earned Premium was higher than the Deposit Premium because the worker's compensation insurance rates in the State of Oklahoma were increased and the City's payroll was higher than estimated. 060994L5.JWR (Ljr 4612.02) 2 12. Safety National has made demand upon City for the payment of $10,757, the difference between the Deposit Premium and the ' Earned Premium, but the City has failed and refused to pay same. 13. Based upon the information P provided by the City, Safety National determined that the Deposit Premium for the Payroll Reporting Period beginning July 1, 1992 would be $40,687. 14. Safety National billed City for the Deposit Premium for the second policy year. 1 15. City failed and refused to pay the Deposit Premium. 16. Due to the failure to pay the remainder of the Earned Premium for the first policy year and the Deposit Premium for the second policy year, Safety National canceled the Policy effective October 261 1992. 17. The actual Earned Premium during the period of July 1, 1992 through October 26, 1992 was $17,621. 18. Safety National has made demand upon City for the payment of the Earned Premium for this period but City has failed and refused to pay same. 19. By failing to pay the full amount of the Earned Premium for the first policy year and for any of the partial second policy year, City has breached the terms of the Policy. WHEREFORE, Plaintiff, Safety National Casualty Corporation, requests this Court to enter a judgment against the Defendant, City of Owasso, in the principal sum of $28,378, plus interest, both pre - judgment and post - judgment as allowed by law, for the costs of 060994L5.JWR (ljr 4612.02) 3 t t t �i it this action, including a reasonable attorney's fee, and such other just and further relief to which it may be entitled. Respectfully submitted, Jam s W. Rusher, OBA #11501 Heath E. Hardcastle, OBA #14247 ALBRIGHT & RUSHER 2600 Bank IV Center 15 West Sixth Street Tulsa, Oklahoma 74119 -5434 (918) 583 -5800 ATTORNEYS FOR PLAINTIFF, SAFETY NATIONAL CASUALTY CORPORATION 060994L5.JWR (1jr 4612.02) 4 No. AGC – 2028 –OK SPECIFIC EXCESS AND AGGREGATE EXCESS WORKERS' COMPENSATION INSURANCE AGREEMENT SAFETY MUTUAL CASUALTY CORPORATION ST. LOUIS, MISSOURI (hereinafter called the CORPORATION) Does hereby agree with the EMPLOYER named in the Declarations (hereinafter called the EMPLOYER), in consideration of the payment of premium and subject to all the terms of this Agreement, as follows: A. Coverage of Agreement This Agreement applies only to Loss sustained by the EMPLOYER because of liability imposed upon the EMPLOYER by the Workers' Compensation or Employers' Liability Laws of: (1) the jurisdiction(s) designated in the Declarations, or (2) other jurisdiction(s), provided that the "Loss" shall not be greater than it would have been had liability been imposed by the jurisdiction(s) specified in the Declarations, on account of bodily injury or occupational disease due to Occurrences taking place within the Liability Period to Employees of the EMPLOYER engaged in the business operations specified in the Declarations and all other operations necessary, incident or appurtenant thereto. The insurance afforded by this Agreement applies to operations in the jurisdiction(s) specified in the Declara- tions including, however, incidental operations conducted by Employees who are regularly engrNle tions in the specified jurisdiction(s) but who tern rarity outside the specified jurisdiction(s). In no event shall the CORPORA fob any Loss or Claim Expenses voluntathe' EMPLOYER under any co tr2�ct or ag, or implied, except for the nse`i tarred b X�*,(e 4ER in providing s uch i edia edicaI f be im perative at the t e an injury is sustained by an Employee. In no event shal this reemeX apply to s or Claim Expenses for w 'ch t YER carries a full coverage Workers' Corn nsatio nd ' ployers' Liability policy. B. Specific Excess Insurance With respect to each Occurrence taking place within a Liability Period, the EMPLOYER shall retain as its own Loss, as defined below, the amount specified in Item 7 of the Declarations, and the CORPORATION agrees to reimburse the EMPLOYER against such Loss in excess of such Self - Insured Retention, subject to the Maximum Limit of Indemnity Per Occurrence, or the Employers' Liability Maximum Limit of Indemnity Per Occurrence, whichever is applicable, as specified in Item 8 of the Declarations. The separate Employers' Liability Maximum Limit of Indemnity Per Occurrence shall not operate, in any case, to increase the total amount the CORPORA- TION agrees to reimburse the EMPLOYER for Loss per any one Occurrence beyond the Maximum Limit of Indemnity Per Occurrence as per Item 8 (a) of the Declarations. C. Aggregate Excess Insurance The CORPORATION further agrees to indemnify the EMPLOYER for Loss on account of all Occurrences taking place within such Liability Period (but excluding Loss per Occurrence in excess of the amount specified in Item 7 1-0500-UM of the Declarations as the EMPLOYER's Self - Insured Retention under Section B) which is in excess of an aggregate amount, hereinafter called Loss Fund, deter- mined for each Liability Period as provided below, subject to the Maximum Limit of Indemnity as specified in Item 11 of the Declarations. D. Claim Expense Inde 'ty The CORPORA'FIO ees, with respect to each Occurrence, to indemnify he EMPLOYER for that proportion of t ns' paid by the EMPLOYER that the amo of a Lo ultimately borne by the CORPORATIO rea n tf Section B bears to the total-amount of Lo ,such- im Expens of e by the CORPORA- TION in a ordance wi th m bove paragraph shall I QiRxpSises d as `Loss" for the• ur es of Aggregate Excess Ine un er Section C. "Loss" derived from eumranrzSs5w-ithout shall be covered by Aggregate Excess regard to the Self- Insured Retention P' Occurrence limitation as expressed in Section C. Ho ever, 11 Losses shall be subject to the Maximum Lim of demnity of the CORPORATION for the Liabi eriod as per Item I I of the Declarations. E. Definitions (1) "Loss - shall mean actual payments made by the EMPLOYER to Employees and their dependents in satisfaction of (a) statutory benefits, (b) settle- ments of suits and claims, and (c) awards and judgments. The term "Loss" shall not include "Claim Expenses" or other items specifically excluded by Paragraph 3 of this section. (2) "Claim Expenses" — shall mean interest upon awards and judgments and the reasonable costs of investiga- tion, adjustment, defense and appeal (provided that the prosecution of such appeal be approved by the CORPORATION) of claims, suits or other proceed- ings brought against the EMPLOYER under the Workers' Compensation or Employers' Liability Laws of the jurisdiction(s) designated in the Declarations, or other jurisdiction(s) as provided in Section A, for bodily injury or occupational disease sustained during the respective Liability Period by the Employees engaged in the business operations to which this Agreement applies, even though such claims, suits, proceedings or demands be wholly groundless, false or fraudulent, provided the CORPORATION be promptly notified of every such claim, suit or pro- ceeding and be given the opportunity to participate in the defense. Claim Expenses shall not include fees to the EMPLOYER's Service Company. (3) "Exclusions from Loss" — shall refer to the following amounts paid by the EMPLOYER and specifically excluded from the term "Loss ": Id r-, 1 4 1 1 1 (a) Salaries, wages and remuneration provided to Employees. (b) Fees to the EMPLOYER'S Service Company. (c) Punitive damages assessed against the EM- PLOYER on account of injuries sustained by an Employee or because of the conduct of the EMPLOYER or its designated representative(s). (d) Fines or penalties assessed against the EM- PLOYER for any violation by the EMPLOYER or its representative(s) of any statute or regulation, or as a result of any proceedings brought by or against any Employee of the EMPLOYER. (e) Injury sustained by any Employee in, upon, entering or alighting from any EMPLOYER owned or leased aircraft unless the EMPLOYER notifies the CORPORATION of the acquisition of the aircraft within thirty (30) days from the date of purchase or lease. Upon purchase or lease the CORPORATION may charge an additional premium. Lease shall mean any rental, the dura- tion of which is thirty (30) days or greater. However, this exclusion shall not apply if coverage is intended as evidenced by inclusion in Item 6 of the Declarations. (4) "Loss Fund" — shall be the greater of (a) the product of the Loss Fund Percentage, as stated in Item 9 of the Declarations, and the Manual or Standard Pre- mium, whichever is applicable, as stated in Item 6 of the Declarations, or (b) the Minimum Loss Fund specified in Item 10 of the Declarations. (See Section H for the determination of the Manual or Standard Premium.) (5) "Occurrence" — with respect to bodily injuries shall mean accident. Occupational diskas Neal, by each Employee shall be deemed to bepar at Oct rence taking place upon the date th mpl �}�E,e ceasseeq work as a result of such disease or u n'" - e date established by the W r ers' Com nsa on anEm- ployers' Liability s o e appr riate risdic on. (6) "Employee" — respec ability " pose upo the EMPLOYER b • the W.•,or ers Co mt�ensation*La of any state, the . word "Employee" shall mean any person perfor ing rk which rend the E PLOYER liabl under e Wo • ers' Co on Law of a state n ed i to f the Declarations, which is the state \bys he 1 ed 'mployee's normal employment, foily injuri or occupational disease sustained F. R eimbursement If the EMPLOYER pays any Loss incurred in any Liability Period in excess of the Self- Insured Retention Per Occurrence or the Loss Fund created for the respective Liability Period, the CORPORATION shall reimburse the EMPLOYER upon receipt of evidence acceptable to the CORPORATION of such payment. Within a reasonable • period of time, reimbursement payments shall be made periodically or in lump sum total, as requested by the ' EMPLOYER. The CORPORATION shall have, and may exercise at any time and from time to time, the right to offset any balance or balances, whether on account of premiums or otherwise, due from the EMPLOYER to the CORPORA- TION against any balance or balances, whether on account of Losses or otherwise, due from the CORPORATION ,,,to the EMPLOYER under this Agreement. G. Liability Period am The liability of the CORPORATION for Loss hereunder shall be determined separately for each Liability Period. The initial Liability Period shall commence at 12:01 A.M. sary Date, designated in Items 3 and 4 respectively, of the Declarations. Each succeeding Liability Period shall begin concurrently with the end of the previous Liability Period and continue for the same number of consecutive months as the initial Liability Period. All time is stated in local time for the jurisdiction(s) designated in the Declara- tions. H. Premium Upon acceptance of the Agreement and at the beginning of each Payroll Reporting Period, as specified in Item 15 of the Declarations, the EMPLOYER shall. pay to the COR- PORATION the amount of the Deposit Premium specified in Item 14 of the Declarations. The Deposit Premium shall be held by the CORPORATION until expiration of the Payroll Reporting Period. Within thrity (30).days after the close of each Payroll Reporting Period, the EMPLOYER shall render to the CORPORATION a report, upon a form satisfactory to the CORPORATION, showing, by classifi- cation, the amount of such remuneration earned by Employees during such reporting period, and the EMPLOY- ER shall therewith pay to the CORPORATION the excess of the Earned Premium over the Deposit Premium previously paid. In case the Deposit Pre ittm paid exceeds the Earned Premium, the CORPOR �I shall return to the EM- PLOYER the amo t osuc 'excess or give appropriate credit. _ Upon expi ation o ' iabilty Period, a final accounting for such period sit made o he Earned Premium under t ' : 'gr ent. In event, wever, shall the Earned remium in '_espect o Lia ility Period be less than n the , inimum remium s ified'in the Declarations. r each yroll Repo ',' g P *od, the CORPORA - TIO �`�, all mpute the Ea ed = e`mium as follows: (1) Remun.. ation —The r�ration earned, or man - h uc� accumulated, during such period by all Em' loyees engaged in each classification covered by this greement shall be computed in accordance with he es set forth in the appropriate Manual of r ers' Compensation and Employers' Liability (2) Manual and Standard Premium — The remuneration, or manhours, so computed for Employees engaged in each such classification shall be multiplied by the Manual Rate per $100 of Remuneration /Manhour, stated in the Declarations for such classification, and the products so obtained shall be added together to determine the Manual Premium. An Experience Modi- fication Factor may be applied to the Manual Premium to determine a Standard Premium. Such Experience Modification Factor shall be determined at the inception of this Agreement and /or at any Anniver- sary Date. A Standard Premium takes precedence over any Manual Premium. (3) Earned Premium — Against the Manual or Standard Premium shall be applied the Premium Rate, as specified in Item 12 of the Declarations, to determine the appropriate Earned Premium. This Agreement is issued by the CORPORATION and accepted by the EMPLOYER subject to the agreement that, any change in the Rates per $100 Remuneration /Manhour, as stated in Item 6 of the Declarations, because of any general rate increase or any legislative amendment affecting the benefits under the Workers' Compensation Law of any jurisdiction(s) named in Item 2 of the Declarations, such change, upon the effective date thereof, shall be, without endorsement, made a part of this Agreement. I. Self- Insured The EMPLOYER, by acceptance of this Agreement, warrants that it is a duly qualified Self - Insurer in the juris- J A. to maintain such qualifications du►_ ,.,tee currency of this Agreement. In the event the EMPLOYER should at any time while this Agreement is in force terminate such qualifi- cations or if they should be cancelled, or revoked, such loss of qualification shall operate as notice of cancellation of this Agreement by the EMPLOYER, subject to the additional terms of the Cancellation Section of this Agreement. J. Service and Administration This Agreement contemplates the concurrent. and continued existence of a separate service agreement between the EMPLOYER and the Service Company named in Item 5 of the Declarations providing services approved by the CORPORATION. Cancellation of the service agreement between the Service Company and the EMPLOYER shall operate as notice of cancellation of this Agreement by the EMPLOYER, subject to the additional terms of the Cancellation Section of this Agreement. K. Timely Reporting of Claims As soon as the EMPLOYER becomes aware, the EM- PLOYER must provide timely notice to' the CORPORA- TION of, (a) any claim or action commenced against the EMPLOYER which exceeds or is likely to exceed fifty percent (50 %) of the Self - Insured Retention Per Occurrence specified in Item 7 of the Declarations; and (b) the reopening of any claim in which a further award might involve liability 'of the CORPORATION under this Agreement. In addition, the following categories of claims shall be reported to the CORPORATION immediately, regardless of any question of potential involvement of the O ORA- TION: 1. Fatalities; 2. Paraplegics and quadriplegics; 3. Serious burns; 4. Brain injury; 5. Spinal cord injuKajiove"'�xZtrernity-,"' 6. Amputation o = d 7. Any Occurren e which results in serious injury to two or more F�nployekes. Failure to render timely notice of any claim in a prompt, established manner toT. he C6KPQR'ATION by the EM- PLOYER, or its designed represen&ive(s), may result in the disclaimer of coverage for the particular claim. L. Defense of Claims The EMPLOYER shall investigate and settle or defend all claims and shall conduct the defense and appeal of all actions, suits and proceedings commenced against it. The EMPLOYER shall forward promptly to the CORPORA- TION copies of any pleadings or reports as may be requested. The CORPORATION shall not be obliged to assume charge of the defense, appeal or settlement of any claim, suit or proceeding brought against the EMPLOYER, but the CORPORATION shall be given the opportunity to defend or participate with the EMPLOY- ER in the defense of any claim, if, in the opinion of the CORPORATION, its liability under this Agreement might be involved. M. Good Faith Settlement The EMPLOYER shall use diligence, prudence and good faith in the investigation, defense and settlement of all such claims and shall not unreasonably refuse to settle any claim which, in the exercise of sound judgment, should be settled, provided, however, that the EMPLOYER shall not make or agree to any settlement for any sum which would involve the limits of the CORPORATION's liability N. Inspection ,ql�.udit The CORPORATION shall have the right to inspect the premises, equipment, books and records, including all records relating to payroll and claims matters, of the EMPLOYER and of its agents and representatives at any reasonable time during the period of this Agreement and within one (1) year after final settlement of all claims due to Occurrences happening during the term of this Agreement. The CORPORATION shall also be permitted to inspect the books, records and payrolls of the EMPLOY- ER at any reasonable time during the period of this Agree- ment and for a reasonable time thereafter, to determine the Manual or Standard Premium. O. Other Insurance If the EMPLOYER carries other valid and collectible insurance, reinsurance or indemnity with any other insurer or reinsurer covering a Loss also covered by this Agreement (other than insurance or reinsurance that is purchased to apply in excess of the sum of the Self - Insured Retention and the Maximum Limits of Indemnity hereunder), the in- surance afforded by thit Agreement shall apply in excess of and shall not contributS ith such other insurance or reinsurance. P. Commutation Beginning,4< rty=six; (36 months after receipt of notice by the CO'RPO ON of a claim, the CORPORA- TION may then, oc at ny ttme.Thereafter, submit such claim f, f%Mr tation. If tt C0 ORATION so elects, the claim steal be submitte anctuary or appraiser to be n� _ ly ap inted byt ` Vun ORPORATION and the E)YE or, should t ° RPORATION and the E Y, fail to agree an actuary or appraiser, hen ea warty shall select an actuary or appraiser who shall anLen select an independent actuary or appraiser who shall fix ump �su m amount, and the CORPORATION, at its option, m!y pay the lump sum amount, which payment shallgnstitute a full and final release of the CORPORA - TIO 'S liability for such claim. However, such lump sum payment shall not constitute a full and final release of the CORPORATION'S liability if, subsequent to such lump sum payment, any supplemental award is made increasing the amount of benefits payable to the Employee and his /her dependents, and any additional liability, at the CORPORATION'S election, may immediately be com- muted via the process above and the CORPORATION may discharge any additional liability by payment of another lump sum. Q Subrogation The EMPLOYER agrees to prosecute any and all valid claims the EMPLOYER may have against third parties, arising out of any Occurrence, resulting in payment of a Loss by the EMPLOYER and return to the Loss Fund any amount so recovered, less the expense of collecting such amounts, not to exceed twenty-five percent (25 %) of the amount collected. Should the EMPLOYER fail to prosecute any valid claim against third parties, and the CORPORATION be liable for Loss to the EMPLOYER, the CORPORATION shall be subrogated to all rights of the EMPLOYER. Any amounts recovered by the CORPORATION shall be used to pay the expenses of collection and reimburse the CORPORATION for any amount it may have paid the EMPLOYER for the Liability Period concerned and all remaining amounts collected shall be paid the EMPLOYER. R. Arbitration Any unresolved dispute arising between the EMPLOY- ER and the CORPORATION may be submitted to arbitra- tion upon informed consent by both parties. It is agreed award may be entered as a judgment in a court of competent jurisdiction. One arbitrator shall be chosen by the CORPORATION, and one arbitrator shall be chosen by the EMPLOYER. The third arbitrator shall be chosen by the other two arbitrators within ten (10) days after they have been appointed. If the two arbitrators cannot agree upon a third arbitrator, each arbitrator shall nominate three persons of whom the other shall reject two. The third arbitrator shall then be chosen by drawing lots. If either party fails to choose an arbitrator within thirty (30) days after receiving the written request of the other party to do so, the latter shall choose both arbitrators, who shall choose the third 'arbitrator. The arbitrators shall be impartial and shall be present or former officials of property or casualty insurance or reinsurance companies. The party requesting arbitration (the "Petitioner ") shall 'submit its brief to the arbitrators within thirty (30) days after notice of the selection of the third arbitrator. Upon receipt of the Petitioner's brief, the other party (the "Respondent ") shall have thirty (30) days to file a reply brief. Upon receipt of the Respondent's brief, the Peti- tioner shall have-twenty (20) days to file a rebuttal brief. Respondent shall have twenty (20) days from the receipt of the Petitioner's rebuttal brief to file its rebuttal brief. The arbitrators may extend the time for filing of briefs at the request of either party. The arbitrators are relieved from judicial formalities 'and, in addition to considering the rules of law and the customs and practices of the insurance and reinsurance business, shall make their award with a view to effecting the intent of this Agreement. The costs of arbitration, including the fees of the arbitrators, shall be�red' ually unless the arbitrators decide otherwise. Tlarbitration all be held in St. Louis County, Missour ; unless therwtse.. agreed.' r If more than one EMPLOYER is i volvedan th ame dispute, all such EMP < DER shall c tituand t as one party for purpos of thiNause an com ntca ons shall be made by e CO RATIO to ea �q the EMPLOYERS con tituti the one p provided, however, that noth g th in shall impair e rights a such EMPLOYERS o ass tt sever ,rather tnt, defenses or claims, or be ons :u d as changing the liability of the EM P DYER er a terms of this Agreement from several joint. S. Change in Agreement No condition, provision or declaration of this Agree- , ment shall be waived or altered at any time, except as specified in Section H, nor shall any assignment of interest bind the CORPORATION except by endorsement signed by the President or a Vice President and the Secretary or an Assistant Secretary of the CORPORATION. This Agreement hereby terminates, supersedes and replaces all previously issued Workers' Compensation Insurance or Reinsurance Agreements, as amended, between the EMPLOYER and the CORPORATION. T. Cancellation This Agreement may be cancelled at the close of any calendar month by either party giving the other party written notice not less than sixty (60) days prior to the date of cancellation, except, that if the CORPORATION cancels for non - payment of any premium, the cancellation shall become effective five (5) days after dispatch of notice by the CORPORATION. The date of cancellation then be- comes the termination date of the final Liability Period. This Agreement does not apply to Loss as a result of Occurrences taking place after the effective date of such cancellation. If cancellation be effected by the EMPLOYER, the Manual or Standard Premium shall be determined by the short rate tables used for casualty insurance, and the Loss Fund and Earned Premium shall be the product of the Loss Fund Percentage (Item 9) and the Premium Rate (Item 12) respectively, times the Manual or Standard Premium so arrived at, but not less than the Minimum Loss Fund and the Minimum Premium specified in the Declara- tions. If cancellation be effected by the CORPORATION for non - payment of premium, the EMPLOYER shall pay the CORPORATION Earned Premium for the period up to the date of cancellation, but the - d ss Fund shall be computed upon the same basis as , ro de in the event the EM- PLOYER cancels. x If the CORPO ca cell for any other reason, the Manual or S "°lard Premium''shall be determined upon a pro -rata basis and the �Lossund and Earned Premium B ccep nce of this ABZeeme it, the EMPLOYER agrees �� th t, the. state `J Lents in this gree0�nent, Declarations and theea�licatifn are the EM,t IYER's representations; that this agreement is issM in reliance upon such eprese tton; that this Agreement embodies all agree - ��ents existing between the EMPLOYER and the COR- PORATION. or any of its agents, relating to this excess ins nce and that full compliance by the EMPLOYER with of this Agreement is a condition precedent to the CORPORATION'S liability hereunder. V. Mutual Policy Conditions The. EMPLOYER named herein, is by virtue of this Agreement, a member of the SAFETY MUTUAL CASUALTY CORPORATION and is entitled to vote either in person or by proxy at any and all members meetings of the CORPORATION and shall participate, to the extent and upon the conditions fixed and deter- mined by the Board of Directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. The Annual Meeting is held at the Home Office of the CORPORATION, located at 1034 S. Brentwood Blvd., St. Louis, Missouri 63117, at 11:30 A.M., on the fourth Tuesday of April each year. This agreement is non - assessable. IN WITNESS WHEREOF, the SAFETY MUTUAL CASUALTY CORPORATION has caused this Agreement to be executed and attested by its Executive Officers on this 1st day of July, 1991 President Secretary !ah Countei.. signed Bv: AAs .. AGC GC1 991 ENDORSEMENT 17 GENERAL CHANGE Effective 12:01 A.M., Local Time, July 1, 1992 In consideration of the payment of the Deposit Premium of Forty Thousand Six Hundred Eighty - Seven Dollars ($40,687.00), and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that this Agreement is amended to read as follows: DECLARATIONS• Item 6. Est. Total Code Remuneration/ Number Manhours 5611 $ 80,000. 7380 90,000. 7520 115,000. 7580 90,000. 7704 394,500. 7720 469,500. 8391 40,000. 8742 38,000. 8810 400,000. 9015 18,000. 9102 60,000. 9403 102,000. 9410 130,000. Rate Per $100. Remuneration/ Manhours To be determined upon audit in accordance with Published Rates Estimated Premium Total Estimated Manual Premium $198,715.00 SNCC Experience Modification Factor 1.50 Total Estimated Standard Premium $298,073.00 Item 7. Self- Insured Retention Per Occurrence: $190,000.00 Item 14. Deposit Premium for the Payroll Reporting Period: $40,687.00 All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation Insurance Agreement No. AGC- 2028 -OR, issued by SAFETY MUTUAL CASUALTY CORPORATION, (hereinafter called SAFETY NATIONAL CASUALTY CORPORATION), of St. Louis, Missouri, to CITY OF OWASSO, Oklahoma, dated July 1, 1991. Secretary Countersigned By: i q SAFETY NATIONAL CASUALTY CORPORATION Self Insurors Service Bureau by, William G. Fiser, Agent President 4 do AGC - CLMEXP -991 ENDORSEMENT 16 CLAIM EXPENSE Effective 12:01 A.M., Local Time, July 1, 1992 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed as follows: �. Section E. Definitions, paragraph (1) "Lose" shall be revised to read as follows: (1) Lose -shall mean actual payments made by the EMPLOYER to Employees and their dependents in satisfaction of (a) statutory benefits, (b) settlements of suits and claims, and (c) awards and judgments. The term "Loss" shall also include "Claim Expenses" but shall not include other items specifically excluded by Paragraph 3 of this section. 1. Section D. Claims Expense Indemnity is hereby deleted in its entirety. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation Insurance -kgreement No. AGC- 2028 -OK, issued by SAFETY MUTUAL CASUALTY CORPORATION, hereinafter called SAFETY NATIONAL CASUALTY CORPORATION), of St. Louis, Missouri, -4o CITY OF OWASSO, Oklahoma, dated July 1, 1991. Secretary `ountersigned By:_ u SAFETY NATIONAL CASUALTY CORPORATION Selt Insurors Service Bureau by, William G. Fiaer, Agent President SP /AG /AGC OK 1091 ENDORSEMENT 15 1 OKLAHOMA CANCELLATION, NONRENEWAL AND CHANGE ENDORSEMENT , Effective 12:01 A.M., Local Time, July 1, 1992 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed as follows: The Cancellation Section of this Agreement is amended to include the following provisions: 1. Cancellation If this Agreement has been in effect for more than 45 business days or is a renewal, the CORPORATION may cancel only for one of the following reasons: a. nonpayment of premium; b. fraud or material misrepresentation; c. willful or reckless acts or omissions; d. a substantial increase in risk; e. violation of local fire, health, safety, or similar regulations or ordinances; f. a determination by the insurance commissioner that continuation of this policy would violate the insurance laws; g. EMPLOYER'S conviction of a crime involving an act which increases the risk; or h. loss of, or substantial changes in, applicable reinsurance. 2. Nonrenewal If the CORPORATION elects not to renew this Agreement, the CORPORATION will provide to the EMPLOYER not less than 45 days advance written notice stating its intention not to renew this Agreement. Mailing notice to the EMPLOYER at the address shown in the DECLARATIONS will be sufficient to provide notice. If the notice is provided less than 45 days before the end of the policy period, the policy period will be extended until 45 days after the notice is provided. Premium for the extended portion of the policy period will be calculated pro rata based upon the rates which apply to this Agreement. Page 1 of 2 Pages k e ENDORSEMENT f5 (CONTINUED) 3. Notices of Chanaes upon Renewal The CORPORATION will provide the EMPLOYER with written notice of premium increases, changes in retentions, reductions in limits or coverage, or changes in coverage, as required by Oklahoma law, at least 45 days before the end of the policy period. If the CORPORATION does not provide such a notice when required, the increases or changes will not be effective, and the policy period will be extended, until the notice is provided or until the EMPLOYER obtains replacement coverage, whichever is. first. If the EMPLOYER chooses not to renew this Agreement, premium for the extended portion of the policy period will be calculated pro rata based upon the rates which apply to this Agreement or the renewal, whichever rates are lower. IAll other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation Insurance Lgreement No. AGC- 2028 -OK, issued by SAFETY MUTUAL CASUALTY CORPORATION, (hereinafter called SAFETY NATIONAL CASUALTY CORPORATION), of St. Louis, Missouri, to CITY OF OWASSO, Oklahoma, dated July 1, 1991. SAFETY NATIONAL CASUALTY CORPORATION Secretary Countersigned By: Self Insurors Service Bureau by, William G. Fiser, Agent Page 2 of 2 Pages �4 F President END -1A- )DW 991 CM �•' 'J 17 Effective 12:01 A. M., Local Time, September 30, 1991 It is hereby understood and agreed that, due to the conversion of the CORPORATION from a Mutual insurance ccapany to a stork insurance cIa , Section V. of this Aunt, entitled Mutual Policy conditions, is hereby deleted in its entirety. Accordingly, the EMPLOYER'S policy membership rights, including, but not limited to, the right to vote at member's meetings and to receive dividend distributions (if declared), are hereby extinguished. The ext:ingUis t of the EMP10YER'S policy membership rights shall not affect in any way the EMPLOYER'S coverage rights nor the CORPORATION'S or the EMPLOYER'S obligations as outlined in this Agreement. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation Insurance Agreement No. AC- 2028-OK, issued by SAFETY MUTUAL CASUALTY OORpORATION, (hereinafter called SAFETY NATIONAL CASUALTY CORPORATION), of St.'IAUis, Missouri, to CITY OF Ot -SSO, Oklahoma, dated July 1, 1991. President Secretary Effective 12:01 A. M., Focal Time, September 30, 1991 in In consideration of the payment of premium and adherence by both parties to this terms of this Agmement, it is understood and agreed that, due to the ' conversion of the CORPORATION frcem a mutual insurance ecnpany to a stock insurance ecupany, the name of the CORPWATION shall be hereby changed frcm SAFETY MUTUAL CASUALTY CORPORATION to SAFETY NATIONAL CASUALTY CORPORATION. It is further understood that all references to the "CORPORATION" set forth in this Agreexent, and all endorsements related thereto, hereafter shall refer to SAFETY NATIONAL CASUALTY CORPORATION. IAll other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Ccqensation Insurance Aunt No. AGC- 2028 -OK, issued by SAFELY MUTUAL CASUALTY OORppjt_AT1ON' (hereinafter called SAFETY NATIONAL CASUALTY CORPORATION), of St. Louis, Missouri, to CITY OF OkqASSO, Oklahoma, dated July 1, 1991. Secretary 1 President SP /AG /AGC ADDCHG 590 poelf-WIMIDOID Effective 12:01 A.M., Local Time, July 1, 1991 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that wherever the phrase, "Zhe Annual Meeting is held at the Home Office of the CORPORATION, located at 1034 S. Brentwood Blvd., St. Imis, Missouri 63117, ...." aPPears in the Agreement's MUTUAL POLICY CONDITIONS Section, it shall be amended to read: "....Me Annual Meeting is held at the Home Office of the CORPORATION, located at 8151 Clayton Road, St. Louis, Missouri 63117, ...." All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation Insurance Agreement No. AGC- 2028 -OK, issued by SAFELY MUTUAL CASUALTY CORPORATION of St. Louis, Missouri, to CITY OF OZSSO, Oklahoma, dated July 1, 1991. SAFETY MU= CASUALTY CORPORATION President Secretary 1 I SP \AC \AGC -OK \1186 I•►I00 551 Effective 12:01 A.M., Local Time, July 1, 1991 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed as follows: The Oklahoma Insurance Ccmni_ssioner is irrevocably appointed as the 1 OORPORATIONIS attorney for acceptance of service of all legal process issued in Oklahcma in any action or proceeding under or ' arising out of this Agreement ■ All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' sensation Insurance Agreement No. AGC- 2028 -OK, issued by SAFETY MUITJAL CASUALTY CORPORATION of St. Louis, Missouri, to CITY OF OWASSO, Oklahoma, dated July 1, 1991. W M ISecretary D1 P /• ••��•�� • President DECLARATIONS H 2028-ox tem 1. Employer CITY OF OWASSO Address P.O. Box 27 Owasso Oklahoma 74055 Item 2. This Agreement covers all business operations . of the EMPLOYER as a Self - Insurer in the following jurisdiction(s): STATE OF OK HO A Item 3. Effective Date: 12:01 A.M. July 1, 1991 Item 4. Anniversary Date: 12:01 A.M. July 1, 1994 and continue for 36 consecutive months thereafer Item 5. The Service Company shall be Self Insurors Service Bureau, Inc. of Oklahoma City, Oklahoma Item 6. CLASSIFICATIONS OF OPERATIONS Code Number Estimated Total Annual Remuneration/ Manhours Rate per $100 Re- muneration/ Manhours Estimated premium (See Attached) Total Estimated Manual Premium SMCC Experience Modification Factor Total Estimated Standard Premium Specific Excess Insurance Item 7. Self - Insured Retention Per Occurrence Item 8. (a) Maximum Limit of Indemnity Per Occurrence (b) Employers Liability Maximum Limit of Indemnity Per Occurrence Aggregate Excess Insurance Item 9. Loss Fund Percentage Item 10. Minimum Loss Fund for the Liability Period Item 11. Maximum Limit of Indemnity of the CORPORATION for the Liability Period Other Terms $ 133,822.00 1.50 11 19 $ 175,000.00 $ 5,000,000.00 $_ 1,000,000.00 100 %, 550,000.00 $ 2,000,000.00 Item 12. Premium Rate 13.65% of Annual Standard Premium Item 13. Minimum Premium for the Liability Period $ 82, 200.00 Item 14. Deposit Premium for the Payroll Reporting Period $ 27,400.013 Item 15. Payroll Reporting Period Annually, as of July 1st SAFETY MUTUAL CASUALTY CORPORATION RE: CI'T'Y OF OWASSO POLICY NO. AGC- 2028 -OK ADM �` • Item 6. Classifications of operations Street Maintenance Drivers, Chauffeurs and their Helpers NOC Waterworks Sewer Works Firefighters Volunteer Firefighters 1 Police Auxiliary Police Vehicle Maintenance Salesperson, Collectors or Messengers - Outside Clerical Office Errployees Building Operations Park Maintenance Garbage Collection Municipality Operations Estimated Total Annual Rate Per $100. Code Pmunerration/ Remuneration/ Estimated No Manhours Manhours Premium 5611 $ 80,000. To be dew upon audit in 7380 90,000. accordance with 7520 115,000. Published Rates 7520 90,000. 7704 340,000. 7704 6,500. 7720 420,000. 7720 1,500. 8391 40,000. 8742 38,000. 8810 400,000. 9015 18,000. 9102 60,000. 9403 102,000. 9410 130,000. MEMORANDUM 1 TO: HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: BUDGET AMENDMENT ND NT ' WORKERS' COMPENSATION SELF -INS FUND ' DATE: September 29, 1995 BACKGROUND: In anticipation of the previous agenda item to approve the payment of a settlement with Safety ' National Casualty Corporation, this memo is to request Council's approval of a supplemental budget amendment in the amount of that settlement. The current budget for this fund provides a projected year -end net "profit" of $15,260 with a year -end fund balance of $483,082. An increase of $16,000 in the budgeted expenses would change that to a net "loss" of $740. The loss would reduce the projected year -end (6/30/96) fund balance to $467,082. During the four year history of the Workers' Comp Self- Insurance Fund, the average annual ' expenses have been $76,013. The current expense budget is for $146,000, far more than the average actual expenses. If the current year actual expenses continue at the previous average level, the fund would have a year -end "profit" of $69,247. 1 RECOMMENDATION: Staff recommends Council approval of a Workers' Compensation Self- Insurance Fund budget tamendment to increase expenses by $16,000. ATTACHMENT: Workers' Comp Fund, Operating Statement City of Owasso , Workers' Compensation Self- Insurance Fund Operating Statement Last Five Fiscal Years ' FY 1996 FY 1995 FY 1994 FY 1993 FY 1992 Budget Actual Actual Actual Actual Revenues: Self- insurance fees $144,260 $164,260 $184,260 $184,260 $199,260 Interest 17,000 16,093 12,571 7,439 3,730 Total revenues 161,260 180,353 196,831 191,699 202,990 Expenses: Professional services 20,000 12,879 9,135 10,220 10,000 Insurance 18,000 16,380 16,835 15,233 27,900 Medical & compensation claims 88,000 13,203 27,003 61,237 4,662 Settlements 20,000 79,363 0 0 0 Total expenses 146,000 121,824 52,973 86,691 42,562 Net income 15,260 58,529 143,858 105,008 160,428 Retained earning, beginning of year 467,822 409,293 265,435 160,428 0 Retained earning, end of year $483,082 $467,822 $409,293 $265,435 $160,428 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHELE DEMPSTER SUBJECT: DIRECT DEPOSIT FOR INDIVIDUALS RETIRED UNDER THE OKLAHOMA MUNICIPAL RETIREMENT FUND DATE: September 25, 1995 BACKGROUND The Oklahoma Municipal Retirement Fund (OMRF) is the retirement system in which all full time employees participate, except for those employees who participate in the police and fire state retirement systems. Currently, the City of Owasso has fifty -nine employees participating in OMRF and nine retirees. Recently the OMRF Trustees approved a procedure that would allow a retiree to request his /her monthly pension benefit to be direct deposited into his /her bank account. This method of payment would be advantageous to the retiree who travels or who has health problems. Before the City can offer this benefit to individuals retired under OMRF the Retirement Committee or City Council must first approve the process through ratification of Resolution number 95 -11 and approval of OMRF form "Plan Authorization for Direct Deposit." Once the resolution and authorization is approved, individuals retired under OMRF can be notified that direct deposit is available. Direct deposit will not be mandatory, and will be optional for each retiree. RECOMMENDATION The staff recommends approval of Resolution number 95 -11, and Plan Authorization for Direct Deposit, allowing retires the benefit of direct deposit for OMRF pension benefits. ATTACHMENTS 1. Resolution #95 -11 2. Plan Authorization for Direct Deposit CITY OF OWASSO, OKLAHOMA RESOLUTION NO 95 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE PLAN ADMINNTRATOR FOR THE OKLAHOMA MUNICIPAL RETIREMENT FUND TO PAY MONTHLY RETIREMENT BENEFITS OF THE RETIREMENT SYSTEM OF THE CITY OF OWASSO, THROUGH THE AUTOMATED CLEARING HOUSE FOR DIRECT DEPOSIT INTO THE BANK OR SAVINGS ACCOUNT OF ANY PENSIONER OF THE RETIREMENT SYSTEM, OR TO MAIL PENSION CHECKS DIRECTLY TO A BANK OR SAVINGS INSTITUTION AS DIRECTED BY THE PENSIONER; AUTHORIZING THE MAYOR TO ENTER INTO THE ENCLOSED AUTHORIZATION AND INDEMNITY AGREEMENT; AND PROVIDING FOR REPEALER AND SEVERABILITY. WHEREAS, due to automated banking facilities and electronic transfer of funds it is possible to provide for direct deposit of funds from one bank to another; and, ' WHEREAS, it is convenient and expedient to provide a method for pensioners of the Retirement System of the City of Owasso to provide for direct deposit and /or direct bank mailing of monthly payments for its pensioners upon authorization of the pensioners; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA that.the Mayor is hereby authorized to enter into the attached agreements with the Plan Administrator for the Oklahoma Municipal Retirement Fund authorizing direct deposit and /or direct bank mailing of the monthly retirement benefits payments 'r to a pensioner's bank upon proper request and authorization from the pensioner, and providing for indemnification of the Oklahoma Municipal Retirement Fund and its Plan Administrator for losses and expenses resulting from direct deposit or direct mailing of such benefit payments. PASSED, APPROVED AND ADOPTED this 3rd day of October, 1995 by the City Council of the City of Owasso, Oklahoma, after compliance with the notice requirements of the Open Meeting Law. Charles L Burris, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: I Ronald D Cates, City Attorney I Plan Authorization For Direct Deposit Liberty Bank & Trust Company ATTN: OMRF, 7th Floor Post Office Box 25848 Oklahoma City, Oklahoma 73102 Gentlemen: This letter is our direction and your authorization to pay monthly retirement benefits from the City of Owasso DB Plan (Plan Name) through the Automated Clearing House for direct deposit into the bank or savings account of any pensioner of the plan, provided that the pensioner executes the attached request and agreement form and obtains the depository institution's acceptance of the terms of said agreement. The City of Owasso (employer) indemnifies Liberty Bank & Trust Company of Oklahoma City, N.A., and the Oklahoma Municipal Retirement Fund from and against any loss or expense, direct or indirect, which results from the direct deposit of the monthly retirement benefits from said Plan into a pensioner's banking or savings account, rather than sending checks to the pensioner's home address and requiring the pensioner's personal endorsement on the checks. Date Chief Executive Officer (Chairman, Mayor) ' City of Owasso Name of Employer t02AW94 I MEMORANDUM Y i 1 1 1 1 1 TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: BUDGET AMENDMENT FOR GRANT FUNDS DATE: September 29, 1995 BACKGROUND: The Community Development Block Grant (CDBG) Fund was included in the City's original FY 1995 -96 budget. Revenues and expenditures for two contracts with the Oklahoma Department of Commerce (ODOC) for CDBG projects was budgeted. Since the beginning of the fiscal year, the City has approved two more contracts for grants for capital improvements projects. One grant is from ODOC for a CDBG Economic Development Infrastructure Financing (EDIF) project. The other grant is from the Oklahoma Department of Transportation (ODOT) for an Industrial Access Project. It is more efficient to maintain the accounting system for all of these grants in a single accounting/budgetary "fund." The title designation on the accountingibudgetary "fund" listed in the City's budget is the Community Development Block Grant (CDBG) Fund. Since there is now an ODOT grant also, the CDBG Fund is no longer an appropriate title for this fund. The name designation on the fund will be changed to "Capital Projects Grant Fund." BUDGET AMENDMENT: At the August 15, 1995 meeting, Council authorized the acceptance of a CDBG -EDIF grant from ODOC. The grant will be used for parking and drainage improvements for the Precision Components Company. Revenues and expenditures of $71,239 are anticipated for this grant project. At the September 19, 1995 meeting, Council approved a Project Agreement with ODOT for the construction of an industrial access project. ODOT has allocated $454,000 for the project. To include both of these projects in the budget, the following revenues and expenditures should be added to the "Capital Projects Grant Fund" budget: Revenues CDBG -EDIF grant $71,239 ODOT grant 454,000 Total Revenues $525,239 Expenditures - Precision Components Company project $71,239 Industrial access project 454,000 Total Expenditures $525,239 RECOMMENDATION: Staff recommends Council approval of a supplemental budget amendment to the Capital Projects Grant Fund for revenues and expenditures of $525,239. ii 2 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: BUDGET AMENDMENT - HIGHWAY SAFETY GRANT DATE: September 29, 1995 BACKGROUND: The FY 1995 -96 General Fund budget included an anticipated Highway Safety grant to fund a community service officer working within the police department. Funding for the program has been withdrawn by the Highway Traffic Safety Department and the regional traffic safety committee has been disbanded. Since the grant will not be funded, the revenue and the expenditure should be eliminated from the City's budget. No commitment has been made for any funds associated with this grant program. The position of community service officer has not been filled. Revenue of $35,229 for the "Highway Safety Grant" is included in the General Fund on page 20 of the budget. The Police Department budget includes a total of $35,229 for this program. Wages and benefits of $21,857 is in the personal services category. Operating supplies of $13,372 is in the materials & supplies category. Revenues and expenditures in the General Fund should each be reduced by $35,229. Because the change to the revenue and expenditure amounts are equal, this budget amendment will have no effect on the balance in the General Fund. RECOMMENDATION: Staff recommends Council approval of an amendment to the General Fund budget reducing grant revenues by $35,229 and reducing the police department expenditures by $35,229.