HomeMy WebLinkAbout1134_Closing Alleyway at Redbud Festival Park3
Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1134
AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEYWAY LOCATED NEAR
109 N MAIN STREET, OWASSO, OKLAHOMA, AND ACCORDING TO THE
RECORDED PLAT OF BLOCK 15 OF THE ORIGINAL TOWNSITE OF OWASSO,
OKLAHOMA (PLAT NO. 1)
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and
expedient to close to the public use an alleyway herein attached as Exhibit "A "; and,
WHEREAS, the City of Owasso retains the absolute right to reopen the same
without expense to the municipality, and repealing all ordinances or parts of
ordinances in conflict.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT TO WIT:
SECTION ONE (1):
A tract of land located in Block 15 of the Original Townsite of Owasso, Oklahoma (Plat
No. 1). Better described as beginning at the northwest corner of Lot Four, Block 15,
thence north a distance of 20 feet to the southwest corner of Lot 3, Block 15, thence
east a distance of 300 feet to the southeast corner of Lot 1, Block 15, thence south a
distance of 20 feet to the northeast corner of Lot 12, Block 15, thence west a distance
of 300 feet to the northwest corner of Lot 4, Block 15, the point of beginning, containing
6000 square feet or 0.14 acres.
The same is hereby closed for public use as an alleyway.
SECTION TWO (2):
All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly
repealed.
SECTION THREE (3):
All ordinances or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
SECTION FOUR (4):
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portion shall not be affected but shall remain in full force and effect.
Ordinance 1134
Page 1 of 3
SECTION FIVE (5):
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION SIX (6):
There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true
and correct copy of this Ordinance.
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AS TO FORM:
Ordinance 1134
Page 2 of 3
i, City Attorney
August, 2018.
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CITY OF OWASSO /LEGALS
Alin Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
August29,2018
Date Category Description Ad Size Total Cost I
08/29/2018 Legal Notices ORDINANCE 1134
50056
Published in the Owasso Reporter, Owosso, Tulsa Coun-
ty, Oklahoma, August 29, 2018.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1134
AN ORDINANCE CLOSING TO THE PUBLIC USE AN
ALLEYWAY LOCATED NEAR 109 N MAIN STREET,
OWASSO, OKLAHOMA, AND ACCORDING TO THE RE-
CORDED PLAT OF BLOCK IS OF THE ORIGINAL
TOWNSITE OF OWASSO, OKLAHOMA (PLAT NO. 1)
WHEREAS, the City of Owasso, Oklahoma has deemed
it necessary and expedient to close to the public use an
alleyway herein attached as Exhibit -A'; and,
WHEREAS, the City of Owasso retains the absolute
right to reopen the some without expense to the municl-
Polity, end repealing all ordinances or parts of ordinan-
ces in conflict.
NOW, THEREFORE, BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO
WIT:
SECTION ONE (1):
A tract of land located in Block 15 of the Original
Townsite of Owasso, Oklahoma (Plat No. 1). Better
described as beginning at the northwest corner of Lot
Four, Black 15, thence north a distance of 20 feet to
the southwest corner a) Lt 3, Block I5, rnence east a
distance of 300 feet to the southeast corner of Lot 1,
Black 15, thence south a distance of 20 feet to the
northeast corner of Lot 12, Black 15, thence west a
distance of 300 feet to the northwest corner of Lot 4,
Block 15, the point of beginning, containing 6000
square feet or 0.14 acres.
The some Is hereby closed for public use as an alley-
way.
SECTION TWO (2):
All ordinances or Parts of ordinances In conflict with this
ordinance are hereby expressly repealed.
SECTION THREE (3):
All ordinances or Parts of ordinances, In conflict with
this ordinance are hereby repealed to the extent of the
conflict only.
SECTION FOUR (4):
If any part or parts of this ordinance are deemed uncon.
stitutional, Invalid or Ineffective, the remaining portion
shall not be affected but shall remain in full farce and af-
fect.
SECTION FIVE (5):
The provisions of this ordinance shall become effective
thirty (30) days from the date of final passage as Provid-
ed by state law.
SECTION SIX (6):
There shall be filed In the office of the County Clerk of
Tulsa County, Oklahoma, a true and correct copy of this
Ordinance.
PASSED AND APPROVED this 21st day of August, 2018.
/s/ Dr. Chris Kelley, Mayor
ATTEST: Attest: A/ Juliann M. Stevens, City Clerk
APPROVED AS TO FORA!
/s/ Julie Lombardi, City Attorney
Affidavit of Publication
1, Melissa Marshall of lawful age, being duty
sworn, am a legal representative of the Owasso Reporter of Owasso,
Oklahoma, a weekly newspaper of general circulation in Tulsa
County, Oklahoma, a legal newspaper qualified to publish legal
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
complies with all other requirements of the laws of Oklahoma with
reference to legal publication. That said notice, a true copy of which
is attached hereto, was published in the regular edition of said
newspaper during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
81- 'MR90113
Newspaper reference: 0000504756
Legal Representative
Sworn to and subscribed before me this date:
� •� 9- d�0 /d�
Notary Public
My Commission expires: /.�-
AN
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No. C1: 3,1
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93.44
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OSIALP.pl.-nEA11M.M,-REAL CammuNry
TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen AICP, RLA
Planning Manager
SUBJECT: Ordinance 1134
Alley Closure - Redbud Festival Park
DATE: August 17, 2018
BACKGROUND:
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Staff is requesting to close an alleyway on the property where the Redbud Festival Park Will be
located (109 N Main St). The City of Owasso is in the process of constructing the new park south
of the Police Station, and a part of this work involves constructing a food truck parking area, of
which a portion is located on an existing platted alleyway. Closing the alleyway would prevent
through access, and ultimately become a feature of the park. There is an 8 -inch sanitary sewer
line that runs within the alley. Staff intends to record a utility easement to ensure that existing and
future utilities are protected pending the alley closure. The required notice was sent to all
franchise utility companies and property owners adjacent to the alley. The Technical Advisory
Committee reviewed the request at their meeting on June 20, 2018. No comments or concerns
were received from utility providers at the meeting.
This item was brought before the City Council at the August 7, 2018 regular meeting. At this
meeting one citizen spoke in opposition of the proposed closure request. Mr. Ron Weiss cited
that he desires to construct an alarm monitoring company on the property and he needs the
rear access from the alley to accommodate his building design.
Staff advised the Council of a meeting approximately two years earlier at which time the
developer was informed that the alley would eventually be closed due to the incoming park
facility and that using the alley for rear access would not be supported. In light of this new
information, the Council voted to table the item until the August 21, 2018, regular meeting.
ADDITIONAL INFORMATION:
In 2016, representatives from an alarm monitoring company (Mike and Jason Campbell) spoke
with City staff about the lot at 117 E Broadway. They desired to build an alarm monitoring station
on the subject property. They had preliminary ideas for what they wanted to construct and their
site concept showed parking on the north and south part of the lot, which would require access
from the alley to the south of the Festival Park and from Broadway. Staff recalls advising them
that their proposed use did not fit within the Downtown Overlay District (mixed -use, multi -story
buildings that are architecturally significant, etc.), and parking access from the alley would not
be allowed due to park development (Redbud Festival Park).
Also during that timeframe, company representatives had general conversations with Public
Works staff about what utilities were available in the area and what detention requirements may
be imposed. Though inquiries were made about infrastructure, no plans were ever submitted by
the developer.
RECOMMENDATION:
Following Mr. Weiss' comments during the Council meeting regarding the proposed use of the
property, staff located an email exchange from July 2016, expressly discussing the park design
and development and closure of the alleyway. To date, no building permit application and /or
building plans have been submitted to Community Development and no civil engineering plans
have been submitted to Public Works. Staff further determined the conceptual land use (NAICS
Code 561621- Secuirty System Services) is not an allowed use in the Downtown Overlay District.
Staff recommends approval of Ordinance 1134 closing the alley located in Block 15 of the
Original Townsite of Owasso, Oklahoma (Plat No. 1),
ATTACHMENTS:
Ordinance 1134
Aerial Map
Site Plan, Redbud Festival Park