HomeMy WebLinkAbout1999.04.20_City Council Minutes
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, April 20, 1999
The Owasso City Council met in regular session on Tuesday, April 20, 1999 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, April 16, 1999.
ITEM 1:
CALL TO ORDER
Mayor Bode called the meeting to order at 6:47 p.m.
ITEM 2:
FLAG SALUTE
The flag salute was given during the OPW A meeting preceding this meeting.
ITEM 3:
ROLL CALL
PRESENT
Denise Bode, Mayor
Mark Wilken, Vice Mayor
Mary Lou Barnhouse, Councilor
Melinda Voss, Councilor
Duston Smith, Councilor
ABSENT
STAFF
Jeff Hancock, City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
ITEM 4:
RECOGNITION OF STUDENTS.
Jan Worley and Chris Kropp, members of the Owasso Sertoma Club, introduced the top three
essayists in the Sertoma Club's Heritage Month Essay Contest. The three students - KristIe Price,
1 st place; Jack Groeneveld, 2nd place; and Mallory Auffert, 3rd place - read their essays entitled "What
Can I Do to Ensure the Quality of Water for the New Millennium in Owasso?". Mayor Bode
presented each with a Certificate of Recognition from the City Council.
ITEM 5:
VISION OWASSO PRESENTATION.
Mr Lephus Brooks, Chair of Vision Owasso introduced the following committee chairs, who
provided a brief report on their 1998 activities and 1999 plans: Jim Stout & Terri Houdyshell,
Leadership Committee; David Vine, Economic Development Committee; Yolanda chamey, Quality
of Life Committee; and Lephus Brooks, Infrastructure Committee.
Owasso City Council
April 20, 1999
ITEM 6:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROVAL OF THE CONSENT AGENDA.
A. Approval of the Minutes of April 6, 1999 Regular Meeting and April 13,
1999 Special Meeting.
B. Approval of Claims
C. Request Approval to Close a Portion of a Utility Easement Located on Lot
5, Block 6, Country Estates II.
D. Action Relating to Ordinance #608, an Ordinance Approving and Adopting
an Action by the Owasso Public Works Authority, Wherein Rates for the
Purchase of Water from the Authority by Out-of-City Customers Were
Decreased.
Mr Wilken moved, seconded by Mr Smith, to approve the consent agenda. The consent agenda
included minutes of the April 6, 1999 regular meeting and April 13, 1999 Special Meeting, by
reference made a part hereto. Item B on the consent agenda included the following claims:
(1) General Fund $53,193.81; (2) Collision Self-Insurance $292.21; (3) Workers Comp Self-
Insurance $3,262.59; (4) Ambulance Service Fund $3,216.60; (5) E-911 $1,926.72; (6) City Garage
$10,532.61; (7) Pleasant View Sewer Improvement District $7,910.00; (8) Capital Improvements
$3,580.00; (9) Bond Projects Fund $152,797.86; (10) Interfund Transfers $7,132.50; (11) Interfund
Transfers $40,699.45; (12) Payroll $158,645.36; (13) City Garage Payroll $3,703.64. Item C
requested approval to close a portion of a utility easement located on Lot 5, Block 6, Country Estates
II Addition. Item D requested approval of Ordinance #608, an ordinance approving and adopting
water rates approved by the Owasso Public Works Authority.
AYE: Wilken, Smith, Voss, Barnhouse, Bode
NAY: None
Motion carried 5-0.
ITEM 7:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE
ORDER #1, A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF
OW ASSO AND FRIX AND FOSTER CONSTRUCTION OF MUSKOGEE, OK
FOR CONSTRUCTION OF A FOUR-PLEX AT THE SPORTS PARI(.
Mr Henderson presented the item. On February 2, 1999, the City Council awarded a bid to Frix &
Foster Construction Co to construct the new four-plex at the Sports Park. The total contract amount
was $267,308. As the fields have been graded, the contractor has uncovered two old ponds. One
of the ponds was small enough to removed the unsuitable material from the bottom and replace it
with material from the borrow pit. The other pond is large enough that extra compensation will be
needed to excavate the unsuitable material and replace it with suitable material. As much as possible
of the unsuitable material will be used to reinforce the SpOlis Park detention pond berm. Mr Smith
moved, seconded by Ms Barnhouse, to approve Change Order # 1.
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Owasso City Council
April 20, 1999
AYE: Smith, Barnhouse, Voss, Wilken, Bode
NA Y: None
Motion carried 5-0.
ITEM 8:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CHANGE
ORDER #2, A CHANGE ORDER TO A CONTRACT BETWEEN THE CIDTYOF
OW ASSO AND HORIZON CONSTRUCTION CO OF OW ASSO, OK FOR
STREET REHABILITATION PROJECTS.
Mr Henderson said that the City Council awarded a bid to Horizon Construction Co on October 20,
1998 for the purpose of reconstructing several streets as a part of the bond projects. Change Order
#1 was approved on December 15, 1998 for the use of quick-set flfowable fill to stabilize the
subgrade under 11 th St because of ground water problems. Since then, 11 th St has been completed,
Atlanta is 90% complete, and Carls bad/Beaumont is 25% complete. Change Order #2 includes an
amount of $4069.31 for field changes made to assure proper drainage and an adequate road base on
11 th St. It also includes a savings of $2716.16 to changes associated with Atlanta St. The final
change associated with this Change Order is related to drainage on Carls bad/Beaumont. Two
alternatives have been proposed. Alternative #1 will allow for storm drainage pipe to be placed on
private property and will necessitate acquiring some right-of-way. The additional cost for
Alternative #1 is $79,670.64. Alternative #2 will require the pavement in the east lane of Carlsbad
to be removed in install pipe to be placed under the pavement. This construction would require no
additional right-of-way, but is more costly because of the removal and replacement of pavement.
Alternative #1 is preferred. Mr Wilken moved, seconded by Ms Voss, to approve Change Order #2
utilizing Alternative #1 contingent upon successful negotiations with property owners for right-of-
way. Should those negotiations be unsuccessful then Alternative #2 will be utilized. In no case will
the total cost of the Change Order exceed $136,789.54.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NAY: None
Motion carried 5-0.
ITEM 9:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
ENGAGEMENT OF AN INDEPENDENT AUDITOR FOR THE PURPOSE OF
CONDUCTING A SPECIAL AUDIT.
Ms Bishop presented the item. In March of this year, the accounting firm of Crawford & Associates
was engaged to review the municipal court records. Based on that review, staff recommended that
Crawford & Associates be authorized to continue the consulting services related to the municpal
court records. The fees will be billed at an hourly rate, and are anticipated to range from$15,000 to
$20,000. Mr Smith moved, seconded by Ms Voss, to approve a letter of engagement with Crawford
& Associates to continue providing consulting services related to a special audit for the City of
Owasso.
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Owasso City Council
April 20, 1999
AYE: Smith, Voss, Barnhouse, Wilken, Bode
NA Y: None
Motion carried 5-0.
ITEM 10:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
REQUEST OF STAFF TO NEGOTIATE A CONTRACT FOR THE PURCHASE
OF COMPUTER SOFTWARE FROM A COMPUTER SOFTWARE PROVIDER.
Mr Knight said that a Computerization Task Force has been working for some time on assessing the
needs for computer/software for the City. Computer workstations have been purchased and training
is ongoing. Proposals have been received for a Financial and Administrative Services Software
System. Three vendors were selected for further review. Those vendors demonstrated their software
to staff. Some staff also visited other sites where the software has been installed. Based on
evaluation by the Computer Management Team, including vendor response to the RFP,
demonstations, site visits, references, training, and pricing, staff recommended that a contract be
negotiated with Creative Computer Solutions for the purchase of a financial and administrative
software system, including installation, travel and training. Mr Wilken moved, seconded by Ms
Barnhouse, to accept the staff recommendation and negotiate a contract with Creative Computer
Solutions for the purchase, installation, travel and training, for a financial and administrative
software system.
AYE: Wilken, Barnhouse, Voss, Smith, Bode
NA Y: None
Motion carried 5-0.
ITEM 11:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A THE
AWARD OF A CONTRACT FOR THE PURCHASE OF A NEW AMBULANCE.
Chief Allen presented the item. Fire department persOlmel created the specifications for a new
ambulance, considering the length of time the unit can be utilized before it will need to be replaced.
Also considered was the patient's comfort during the trip to the hospital, the ease of loading and
unloading a patient, the ability and ease of getting to the patient and treating them once inside the
unit, the safety ofthe crew and patient while transporting, the ability to clean and decontaminate the
unit, the size of the compartments, and access to the equipment whether from the inside or the
outside and from either side. Bids were received and opened on March 18, 1999. All bids were
reviewed, and non-compliance did not automatically rule out the bidder. Taking into consideration
the number of exceptions to the specifications, the amount of the bid, the satisfaction of previous
customers, the warranty information and locations, and the ability to deliver a unit in an acceptable
amount of time, the Ambulance Review Committee recommended the purchase of a new chassis and
Type I medium duty ambulance vehicle from Emergency Vehicle Distributors/Excellance ofF ayette,
AR in the amount of $150,175.15. Ms Barnhouse moved, seconded by Ms Voss, to approve the
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Owasso City Council
April 20, 1999
purchase of an ambulance from Emergency Vehicle Distributors/Excellance in the amount of
$150,175.15 as recommended by staff.
AYE: Barnhouse, Voss, Smith, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 12:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
CONTRACT FOR THE PURCHASE OF SELF-CONTAINED BREATHING
APPARATUS.
Chief Allen said that self-contained breathing apparatus allows a firefighter to enter a burning
structure for rescue or fire fighting, and to extinguish motor vehicle fires. Bid packets were mailed
to four vendors in February, containing specifications for five complete self-contained breathing
apparatus units, 18 additional masks, 10 additional cylinders, and one additional voice amplifier.
Ms Barnhouse moved, seconded by Ms Voss, to approve the award of a contract for the purchase
of five complete self-contained breathing apparatus units, 18 additional masks, 10 additional
cylinders, and one additional voice amplifier to Wayest Safety of Tulsa, OK in the amount of
$23,611.
AYE: Barnhouse, Voss, Smith, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 13:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM BOB ARY TO REZONE LOT 7, BLOCK 1, NICHOLS HEIGHTS
ADDITION, GENERALL Y LOCATED ON THE SOUTH SIDE OF EAST 86TH ST
N, EAST OF MAIN ST, ADJACENT TO AND EAST OF THE OW ASSO TIRE
BARN; FROM RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY) TO
CG (COMMERCIAL GENERAL), CONTAINING 0.18 ACRES, MORE ORLESS.
Mr Warlick presented the item. The applicant, Bob Ary, proposes the rezoning of approximately
.18 acres from RS-3 to CG to allow for the expansion of the tire center located to the west of the
subject property on the southeast corner of Main & E 86th St N. An expansion ofthe tire facility will
require the erection of a screening wall or fence along the property line between the business and
surrounding residential districts in order to comply with the zoning code. Notice of the zoning
request was published as prescribed by law and letters were sent to all property owners within 300
feet of the proposed zoning change. At the April 13 th Plmming Commission meeting, several citizens
pointed out some compatibility issues, inclluding trash blowing into the neighborhood, the use of
11 th St for commercial activities, and an unattractive appearance on the rear of the facility. A
neighboring property owner noted that he thought an expansion of a business would be a violation
of the restrictive covenants of the subdivision. Staff pointed out at that meeting that the City cannot
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Owasso City Council
April 20, 1999
enforce covenants since they are a private matter. The Planning Commission approved the proposed
zoning by a vote of 4-1. Several citizens of the neighborhood attended the City Council meeting.
David Charney, attorney for the applicant, spoke on behalf of the applicant's request. Burl Williams
of 20 1 E 11 th spoke against the rezoning request, emphasizing those items that were brought before
the Planning Commission. Mr Williams presented the Council with a petition from the Nichols
Heights Homeowners requesting that the zoning be denied. That petition was entered into the record
and will be attached to and become a part of these minutes. Following further discussion, Mr
Wilken moved, seconded by Ms Barnhouse, to approve the requested rezoning.
AYE: Wilken, Barnhouse, Voss, Smith, Bode
NAY: None
Motion carried 5-0.
Mr Wilken out.
ITEM 14:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM CHARLES NORMAN TO REZONE PROPERTY LOCATED ON THE
NORTH SIDE OF E 96TH ST N, WEST OF THE OW ASSO EXPRESSWAY;
FROM OL (OFFICE LIGHT) AND RS-3 (RESIDENTIAL SINGLE-F AMIL Y
HIGH DENSITY) TO CS (COMMERCIAL SHOPPING CENTER), OL (OFFICE
LIGHT), AND RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY),
CONTAINING 14.76 ACRES, MORE OR LESS.
Mr Warlick said that the applicant is requesting the rezoning of 14.76 acres located north ofE 96th
St N, west of Highway 169. The Planning Commission heard the request on April 13 th, with no
opposition noted. The Plmming Commission unanimously recommended approval. Ms Voss
moved, seconded by Ms Barnhouse, to approve the requested zoning.
AYE: Voss, Barnhouse, Smith, Bode
NA Y: None
Motion carried 4-0.
Mr Wilken in.
ITEM 15:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM OW ASSO FIRST CHURCH OF THE NAZARENE TO REZONE
PROPERTY LOCATED ON THE WEST SIDE OF N 145TH EAST AVE, NOR OF
E 86TH ST N: FROM AG (AGRICULTURE) TO OM (OFFICE MEDIUM),
CONTAINING 5.0 ACRES, MORE OR LESS.
Owasso First Church of the Nazarene has requested rezoning approximately five acres from AG to
OM. The subject property is located on the west side ofN 145th East Ave, nor ofE 86th St Nand
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Owasso City Council
April 20, 1999
will be used for the construction of a church building. Mr Warlick said the applicant is requesting
OM zoning because it is the lowest intensity zoning district that will allow a church by right and not
by special exception of the Board of Adjustment. The Planning Commission unanimously
recommended approval at their April 13th meeting. Ms Voss moved, seconded by Mr Smith, to
approve the requested rezoning.
AYE: Voss, Smith, Barnhouse, Wilken, Bode
NA Y: None
Motion carried 5-0.
ITEM 16:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM PRESTON LAKES LLC TO REZONE PROPERTY LOCATED ON THE
NORTH SIDE OF E 86TH ST N, BETWEEN N 145TH EAST AVE AND N 161 ST
EAST AVE; FROM AG (AGRICULTURE) TO RS-2 (RESIDENTIAL SINGLE-
FAMIL Y MEDIUM DENSITY), RM-2 (RESIDENTIAL MULTI-FAMILY), CS
(COMMERCIAL SHOPPING CENTER), OM (OFFICE MEDIUM), AND CG
(COMMERCIAL GENERAL), CONTAINING 3.14 ACRES, MORE OR LESS.
Mr Warlick said that the applicant is requesting rezoning of approximately 314 acres in Rogers
County. This zoning change is nearly identical to a previous case approved in August 1998, except
that this plan includes an additional 60 acres. At the April 13th Planning Commission meeting
several citizens expressed concerns about existing and proposed development. All questions and
concerns appeared to be satisfactorily addressed at that meeting, and the Plamling Commission
unanimously approved the request. Mr Wilken moved, seconded by Mr Smith, to approve the
requested rezoning.
AYE: Wilken, Smith, Barnhouse, Voss, Bode
NA Y: None
Motion carried 5-0.
ITEM 17:
CONSIDERATION ANDAPPROPRIATEACTIONRELATINGTOA REQUEST
FROM PRESTON LAKES LLC FOR COUNCIL APPROVAL OF A PLANNED
UNIT DEVELOPMENT.
As in the previous item, this is a resubmission of a previously approved PUD, which includes an
additional 60 acres. Mr Warlick said that the Planning Commission heard the request on April 13th
and satisfactorily answered all citizens questions. One citizen opposed the PUD, stating that he
opposed any development on the property. The Planning Commission voted unanimously to
recommend the proposed PUD. Mr Wilken moved, seconded by Ms Voss, to approve the requested
PUD, subject to the conditions listed in the staff repOli.
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Owasso City Council
April 20, 1999
AYE: Wilken, Voss, Smith, Barnhouse, Bode
NAY: None
Motion carried 5-0.
ITEM 18:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM LEWIS & DONALD LOWE FOR ANNEXATION OF AN
APPROXIMATE 10-ACRE PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF E 116TH ST N, BETWEEN GARNETT RD AND MINGO RD, EAST OF
THE OWASSO SPORTS PARK.
Lewis and Donald Lowe have submitted a petition to the City of Owasso for the annexation of
approximately 10 acres of land. Mr Warlick said that the City of Owasso Annexation Policy
indicates that normally tracts of 20 acres or more are desired for annexation, however this tract is
surrounded on all sides by land within the city limits. The property is zoned CS in Tulsa County and
the applicants have requested that the zoning designation be retained. The Owasso Zoning Code
allows the City Council to annex property and retain Tulsa County zoning. The Annexation
Committee and Planning Commission have reviewed the request and both have unanimously
recommended approval of the annexation. Mr Smith moved, seconded by Ms Voss, to approve the
requested annexation.
AYE: Smith, Voss, Barnhouse, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 19:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM THE OW ASSO PUBLIC WORKS AUTHORITY FOR ANNEXATION OF
TWENTY (20) TRACTS OF LAND OF VARIOUS SIZES LOCATED IN
UNINCORPORATED TULSA AND ROGERS COUNTIES, AND WITHIN
PUBLIC RIGHT-OF-WAY.
Mr Warlick said that the OPW A has received consent from Tulsa County to annex land located at
four intersections - E 76th St N & N 129th East Ave, E 86th St N & N Mingo Rd, E 86th St N & N
145th E Ave, and E 116th St N & N Garnett Rd - to allow the City of Owasso to expend funds on
roadway improvements. The advertisement for annexation was published on March 25th, and it has
since been determined that a portion of some of the tracts are not County property. Staff
recommended that this item be tabled until such time as the issues relating to ownership and consent
are resolved, and the annexation request amended and reviewed by the Annexation Committee &
Planning Commission. Mr Wilken moved, seconded by Ms Barnhouse, to table this item as
requested by staff.
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Owasso City Council
April 20, 1999
AYE: Wilken, Barnhouse, Voss, Smith, Bode
NAY: None
Motion carried 5-0.
ITEM 20:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR BAILEY RANCH
ESTATES II, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA.
Mr Warlick presented the item. He said that Blue Chip Development Inc has requested the review
of a final plat for Bailey Ranch Estates II. Bailey Ranch Estates II is part of a Planned Unit
Development located 'i4 mile nOlih of E 96th St N. There was a lengthy debate at the Planning
Commission meeting when this request was heard. After discussion, the Planning Commission
found that the plat conforms to planning and zoning regulations and the Bailey Ranch Estates PUD.
They voted unanimously to approve the final plat, with the condition that changes in the plat
recommended by the Technical Advisory Committee be made. Mr Warlick noted that those
cOlTections have been made and are now reflected on the plat. Mr Tom V ogt, attorney for Owasso
Investment LLC was present at the Council meeting and expressed concerns with the storm drainage
with the property. Wayne Gustafson & Joe Caudle also expressed concern about stormwater
drainage. Mr Gustafson, Secretary ofthe Bailey Ranch Estates Homeowners Association, submitted
a written list of five concerns, as well as photographs of drainage problems. These items will be
attached to these minutes as part of the permanent record. Mary Perry asked what size the homes
will be and was told that the City cannot dictate the size of the homes being built. Mr Boyd asked
for protection from developers. With no other citizens requesting an audience, Ms Barnhouse
moved, seconded by Ms Voss, to approve the final plat for Bailey Ranch Estates II as submitted.
AYE: Barnhouse, Voss, Smith, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 21:
REPORT FROM CITY MANAGER
No report.
ITEM 22:
REPORT FROM CITY ATTORNEY
No report
ITEM 23:
REPORT FROM CITY COUNCILORS
No report.
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Owasso City Council
ITEM 24:
NEW BUSINESS
None.
ITEM 25:
ADJOURNMENT
Ms Barnhouse moved, seconded by Ms Voss, to adjourn.
AYE: Barnhouse, Voss, Smith, Wilken, Bode
NA Y: None
Motion carried 5-0, and the meeting was adjourned at 8:05 p.m.
Mark Wilken, Mayor
10
April 20, 1999
TO OW ASSO CITY COUNCILOR MEMBERS & MAYOR BODE:
IN REFERENCE TO THE FINAL PLAT APPROVAL OF BAILEY RANCH ESTATES II.
AS MEMBERS OF BAILEY RANCH ESTATES HOMEOWNERS ASSOCIATION PHASE I,
WE HAVE MAJOR CONCERNS TO THE FOLLOWING:
l)STORM COLLECTION: ONLY ONE STORM WATER COLLECTOR WAS ADDED TO THIS
ENTIRE PHASE OF 130 PLUS HOME SITES. (BAILEY RANCH ESTATES I HAS 9 PLUS
COLLECTOR SITES WHILE PLATTED FOR JUST 118 HOME SITES).
2)DRAINAGE PROBLEMS HAVE OCCURED ON 100th STREET NORTH ALONG THE
BORDER BETWEEN DEVELOPMENTS, ON THE NORTH SIDE OF 100TH ST. (ONE
NEIGHBOR HAS HAD THIER BACK YARD FLOODED DURING A HEAVY RAIN
LOCATED AT 11505 E. 100th ST. NORTH).
3)WE WERE REPRESENTED BY THE DEVELOPER IN PHASE I THAT ALL PROPERTIES
IN THIS ENTIRE PUD PLAN WOULD HAVE A MINIMUM OF 1700 Sq. ft. & WOULD ALSO
HAVE THE SAME ROOF REQUIREMENTS (ONE STYLE & ONE COLOR). WE ARE
CONCERNED THAT THESE COVENANTS HAVE BEEN CHANGED TO LOWER
STANDARDS AND WOULD EFFECT THE VALUE OF OUR HOMES DRASTICALLY.
4)WE ARE CONCERNED ON THE HOMEOWNERS ASSOCIATION FOR PHASE II, THAT THE
SUBDIVISION WILL NOT HAVE THE SAME RESTRICTIONS & REQUIREMENTS AS BAILEY
RANCH ESTATES PHASE I. ACCESS TO BAILEY RANCH ESTATES II IS ONLY AVAILABLE
AT PHASE ONES, TWO ENTRANCES THAT IS MAINTAINED BY BAILEY RANCH ESTATES
HOMEOWNERS ASSOCIATION.
5)ANOTHER CONCERN WAS THE DRAINAGE OF THE POND THAT WAS IN THE
SOUTHWEST CORNER OF BAILEY RANCH PHASE II. WAS THE DRAINAGE AUfHORIZED?
WE WOULD LIKE TO KNOW WHO IS RESPONSIBLE FOR THE CHANGES IN THESE ITEMS
AND WANT TO FIND OUT WHO WILL CORRECT THESE PROBLEMS.
SINCEREL Yr
Cl) {!
t~)Ud/7];1"'"
WAYNE GUSTAFSON
BAILEY RANCH ESTATES HOMEOWNERS
ASSOCIATION, SECRETARY 4/20/99
PETITION
NICHOLS HEIGHTS HOMEOWNERS
WE THE SIGNATORS, BEING HOME OWNERS IN NICHOLS
HEIGHTS, A HOUSING ADDITION TO THE CITY OF OWASSO,
OKLAHOMA, HEREBY PETITION THE OWASSO CITY COUNCIL AND
THE OWASSO PLANNING COMMISSION TO DENY ZONING REQUEST
APPLICATION OZ~99~03 WHICH WOULD CHANGE LOT 7, BLOCK 1,
NICHOLS HEIGHTS, FROM RESIDENTIAL TO COMMERCIAL. WE
BELIEVE THIS ZONING REQUEST, IF GRANTED, WOULD BE A
VIOLATION OF OUR RIGHTS AS HOMEOWNERS AND THE COVENANT
AND RESTRICTIONS AS SET FORTH IN THE OWNERS' CERTIFICATE
OF DEED OF DEDICATION AND BILL OF ASSURANCE # 19891 1, 1, 2,
3, PLAT 1922, FILED IN THE OFFICE OF THE COUNTY CLERK,
TULSA COUNTY, OKLAHOMA SEPTEMBER 13, 1954, AS AMENDED
IN AMENDMENT #249155 FILED AUGUST 19, 1955 AND
AMENDMENT #269616 FILED JANUARY 16, 1956. NOTE OUR
ATTACHMENT.
WE SUBMIT THAT IT WOULD BE A NUISANCE TO THE HOME~
OWNERS--PARTICULARLY THOSE WHO LIVE IN THE IMMEDIATE
VICINITY; THAT IT WOULD RESULT IN A DEVALUATION OF OUR
HOMES; AND THAT THE TIRE BARN AND SERVICE STATION THAT
CURRENTLY EXIST ON LOTS 8 AND 9 ALREADY PRESENT A
POTENTIAL FIRE HAZARD. THEY ALSO POSE CERTAIN HEALTH
RISKS FOR CITIZENS AS THE OLD, DISCARDED TIRES PROVIDE
NESTING AREAS FOR RATS AND MICE AND A BREEDING GROUND
FOR MOSQUITOES.
WE ASK THAT YOU GIVE YOUR EARNEST CONSIDERATION TO
THE IMPACT THIS ZONING CHANGE WOULD HAVE ON THE
RESIDENTS OF NICHOLS HEIGHTS, A NUMBER OF WHOM ARE
SENIOR CITIZENS, HAVE OCCUPIED THEIR HOMES AS LONG AS 40
YEARS, AND WHO HOPE TO LIVE OUT THE REMAINDER OF THEIR
LIVES IN THESE SAME HOMES WHICH HAVE, UP TO THIS TIME, BEEN
RELATIVELY PEACEFUL DWELLING PLACES. WE THANK YOU IN
ADVANCE FOR YOUR KIND UNDERSTANDING.
SINCERELY,
NICHOLS HEIGHTS HOMEOWNERS
(PLEASE SEE ATTACHED SIGNATURES.)
Name of Homeowner Name of Homeowner
(Please Print) (SigQature)
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NICHOLS HEIGHTS PETITION
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NICHOLS HEIGHTS PETITION
Homeowners' Signatures
Name of Homeowner Name of Homeowner Street Address Date
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22-Mar-99
TO: OWASSO PLANNING COMMISSIONER and/or OWASSO CITY COUNCIL
I AM OPPOSED TO ANY CHANGES IN ZONING EAST 11TH STREET
WHETHER IN PIECE MILL OR IN LOTS.
RESPECTFULL Y,
~~Ei '/
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NN HENRY ,
303 EAST 11 TH
OWASSO OK 74055
C/Akc7)- if ;z--7 f
Page 1
#198911
OWNERS CERTIFICATE OF DEED OF
DEDICATION AND BILL OF ASSUHANC:
Dated: September 9~ 1954
Filed: Sep. 13J 1954 at 2:17 P.l
In the Office of the County C1e
Tulsa County~ Oklahoma.
PLf1T #1922
NICHOLS HEIGHTS AN ADDITION 1D
OWASSO J TULSA CO. J OKLAHOMA.
BEING A PART OF NWt OF NEt OF
~ECTION 30~ T21N, R14E, TULSA
COUNTY, OKLAHOMA.
KNOW ALL MEN BY THESE PRESENTS:
,
Tha t Nichols, FIourn oY and Sherrill, Dove l0per's Inc:)Y'DDr-C'
of the State of Oklahoma. and OW2SS0, Okla.~ is the sole ownc~
of the fee simple title in and to n certain tract 0f 19n~J knr
8S NICHOLS HEIGHTS} An Addition to Owasso~ Tulsa County, Oklc
and described as a tract of land lying in the
Northvlest Quarter (NW~) :)f the NorthEast Quarter (NE-!-;-)
of SEct?ton Tnirty (30); TJwnship Twenty one (21) North~
Range Fourteen (14) ERst, Tulsa County, Oklahoma, and mOl
particularly described as follows:
Beginnin~ at the Northeast (NE) corner of the Northwest
Quarter ,NWt) of the NJrtheast Quarter (NEt) thence W:.;st
~long the North line of said quarter, a distance of Six
Hundred and Eighty feet (680') to a point~ thence South ~
distance of Thirteen Hundred and Twenty and five tenths
(1320.51) to a point on the South line of the Northwest
Quarter (NW-E-) of the NJrthe:lst QU,::lrtcr (NEt); thence Eas
distance of Six Hundred Eighty eight and Thirt~ five o.ne
hundredths feet (688.351) to th~ Southeast (SE) corner ~
said sixteenth Quarter (16); thence NJrth a distance of
Thirteen Hundred Tvwnty one and two tenths feet (1321.2 I
the pJint of beginning, less that part already dedicatee
highway purposes along Federal Highwny No. 75; has C2USE
the same to be surveyed~ staked and platted into lotsJbl
and stl'eets designating the same NICHOLS HEIGHTS 2n fi(~di
t 0 Ow a S s 0 ~ '1'1..1 1 saC 01..1 n t y, Old a ., VI hi C h pIa tis a t t a C 11 cc 1 11
to and made a part herEJf.
-continued-
(BtliS
. "'" - ....
. ~U_-""~-!..~"'-'4~..'.t,.,
#198911 -2-
WHEREAS the above named owner being desirous of maintaining
conformity in the improvements and providing protEction for the
future owners in the above named addition and further provide for
necessary streets and other conveniences, does hereby de~icnte
for the public use all offue streets as shown on said plat, and
imposes the f:)llowing restrictive covenants for the mutual bene-
fits of itself and its Successors in title to all or any portion
of said tract, hereinafter referred to as lots, and to create
easements as hereinafter described to which it shall be incumbent
upon itself or its SUccessors to ndhere and observe as follows,
to .-w:L t:
(A) All lots in Blocks 2. 3, 4, 5. and 6 shnll be known 2nd
described as and usrd solely for residential l~ts. No structure
shall be erected, altered, placed or permitted t~ remain on any
of said lots other than one single family dwelling, nor t~ ex-
ceed one and one-half st~ries in height, and in private garage
for not more than two cars.
(B) No building shall be erected ar located nearer to the
front lot line or nearer to the side street line than the building
set back lines shown on the recorded plat. No building~ shall be
located nearer than five feet (5) to any side lot line.
(C) No residential lot shall be subdivided into smaller lots
than shown on the recorded plat thereof.
(D) No noxious or offensive trade or actlvity or cnterpris0
shall be carried on upon any lots nor shall anything be ~an~
there::n vlhich may become an ,annoYunce or nu~Ls2nc'~ t:i the ncigh-
b orhood .
(E) No trailer, tent~ shack, garage, burn, or ather out-
buildings erected in the tract shall at any time be used as a
temporary or permanent residence. nor shall any structure of a
temporary character be used as a resident. No structurL previous-
ly use~ shall be moved onto 2ny lot.
(F) The ground fl'oor area of. the main structure: \_xclusivc ,)1'
one story open porches and garages shall not be less than 800
square feet in case of one story structures; nor less than 800
square feet on the ground fl::or in case of one and one-half
story structures.
(G) Now therefore, these covenants hereinafter set forth arc
to run with the land and shall be binding on all parties and
persons claiming under them :for a periOd of twenty five (25) YC8Y'S
-continued -
G..A'~
;.-UI~
.., - -
..fIf'~
-~~,;/jf
in 98911 -3-
from this date, at which time said c~vcnants and restricti~n.
shall be automatically extended for successive periods 8f ten (1
YEars. unless by vote of the majority of the then rec~rded ~wners
c)f lots it is agreed to terminate such restrictiins ane' covcn2nts
or change any specific covenants ~r restrictions. If the parties
hereto or any of them. or their assigns. shall violate Dr attempt
to violate any of the covenants herein. it shall be lawful for
any other person or persons owning any real property situated in
said development to prosecute prOCCG CJ j.n[Ss3. t 13w or in cq U.1 ty
n.g;=linst the person or persons violating or ,"-ttc;m];:,ting t.:) vL)latc
any such covenant or covenants and either to prevent h~n Dr them
from so doing or to recover damages or other dues for such
violation. Invalidation of any of these covenants by judgement ~r
court order shall in no wise affect any of th( other provisions
which shall remain in full force and effect.
...
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ting
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ting
(H) No garage ar other out-building crec:tee] ~n Clny l:Jt e.but-
on Highway qS. shall have a driveway or ather entrance
said street or highway, and no entrance; t~)J.ny Llt so ,'\but-
shall be made at any time from this highway.
(r) No fence of any type that exceeds 6 feet in heiLht. nor
any fence of a solid type that exceeds 4 feet in height shall be
placed on any lot. nor shall fencing of any type be place~ nearer
the front lot line than the building set-back line shown thereon.
E;\SEf1ENT GRf,NT
A perpetual easement is rcserve~ on each and every lot whe~c
sruwn ~!n the plat, f~)r utility instal12t~,ons 3.n(l m".intcn"nc(-.
These casements are reserved for the use of the public. Thr
owners further reserve the right of j.ngress and egress to nIl
easements for the purpose of constructing, maintaining. opera-
ting, removing and replacing any and all public utilitlCS, 1n-
eluding storm and sanitary sewers. power lines ~nd elQctrie
lines. anc1 transformers, gas lines and all 'fitcings 2nd equip-
ment necessary for the use in connection with said utilities to
be used in said addition and far the bEnefit ~f neighb~rLng
c: del it i:ms .'
D3ted this 9 cay of Sept. 19540
(CORPORATE S&~L)
ATTEST: C. B, Sherrill
Secretary
-con t inuccl-
NICHOLS J FLOUHNOY AND SHERHILL.
DEVELOPERS. INC.
By: ROBERT E. NICHOLS President
G:t~~
#198911 -)~-
ACKNOWLEDGED: On September 9,1954 by Robort E. Nichols Q8
President, before H. C. Sherrill, Notnry Public,
Tulsa County, State of Oklahomn. (SEAL) Commis8ij
expires: May 1, 1957.
SURVEYORS CERTIFICATE
I, H. G. BuckinghamJ~ a registered professional engineer
No. 34 of Oklahoma, and land surveyor, do hereby certify that
I have carefully and accurately surveyed and staked, and platt'
the nbove described tract of land into lots, blocks and street
and tha t the above pIa t des igna ted as 'INICHOLS HEIGHTS 11 an Qdd
tLm to OI.'Jasso, Tulsa County.. Okla., is a true an(l correct
representation of said survey.
,
Dated this 9 day of Sept., 1954.
~
H. G. BUCKINGHAM, P E.
(SEA L)
ACKNOWJ~EDGED: On Sept. 9,199+ by H. G. Buckingham before Hut:
Youngs Notary Public, Tulsa County, State of
Olcl8.homa. (SEAL) Commis sian expire s Ju ly 31 J E)
CERTIFICl\ TE_
Pursuant to S. B. 113, o. s. L. 1951. I hereby certify t
as to all real estate involved in this plat, all taxes have c
paid as reflected by the current tax rolls, andsecurity has r
provided for 1954 taxes not as yet certified to me.
Dated: Sept. 13s 19~4.
H. G. CHAPMAN, County Treasure
Tulsa County, Oklahomn.
By: E. L. Simmons,
Block 1 contains Lots 1 to 9 inclusive
Block 2 contains Lots 1 to 15 inclusive
Block 3 contains Lots'l to 30 inclusive
Block 4 con ta ins L'Jts 1 t'.J 1"- inc Ius j,V0 .
,/
Block 5 contains Lots I to 7 inclusive
Blode 6 ccmtains Lots 1 and ')
,-
llMi. ..... A.'1 .
WW@'JL
# 2J!.g] 55
ll.lVlENDMENT TO RESTRICTIVE COVEN- i
Dated: August 12, ]955
Fi led: "\ugus t 19, 1955 i:J t 12: Lj}
Recorded in Book 26oLr) Poge 534
KNOW ALL MEN BY THESE PRESENTS:
That Whereas the undersigned are the owners of all the lots
and all the blocks in NICHOLS HEIGHTS ADDITION tl! the City of Owasc
rrulsa County, Oklahoma, according to th(~ Recorded Plat thereof, thE
properties owned in said 8ddition by the undersigned being:
Robert ~. Nichols i:Jnd M~rgaret A. Nichols, husband bnd wife-
Lots one to fourteen inclusive, block four; all of block
five ....
H. D. Hale and Murrell Dec:m Hale; husband and vvife .-
All of Bloc~ two.
Sherrill and Sherrill Insurance -Lend Company -
Lot Fifteen, block four: lots one and two, block 61X
and Lot sixteen, block three.
Nichols, Flournoy, Sherrill Developers, Inc. -
Lots one to fifteen inclusive) block three: lots
seventeen to thirty inclusive, block three. and
all of block one.
And Whereas the undersigne0 desire to umend the restrictive
covenants in the recorded pIGit :J:,-:' said Ddd:ttjon.
Now Therefore the restrjctive covenants in the owners' certi-
ficate of Deed of Dedication and Bill of ~ssur2nce flIed with said
plat in the land records of Tulsa County) OlcLhomaj and amended by
deleting and canceling the foJlowing restrictive covenant:
"H. No garage or other olJtbu.iJdi'1g erected on any lot
abutting on Highvvay 75, slrdl have a drivevvay or ('ther
entrance from said higlway, ':::rnd no entrance to any road
so abutting shall be made 3t any time from this high\^JzlY. II
All other restrictive covenants now of record and pertaining
to Sold addition 8re reaffi1'med 2nd reimposed 0
-continued -
Gl~&2
# 249155 -2-
WITNESS our hands and seals this 12th day of August, 1955.
Robert E. Nichols
Margaret A. Nichols
H. D. Hale
Merrell Dean Hale
Sherrill and Sherrill Insurance-
Land Company
ATTEST: H.C. Sherrill,
Sec re ta ry
By: C. B. Sherrill,
President
(CORP. SEAL)
ATTEST: C.B. Sherrill,
Secretary
Nichols, Flourney, Sherrill
Developers, Inc.
By: R. E. Nichols,
President
iJ,CKNOWLEDGED:
On August 18, 1955, by Robert E. Nichols and
Margaret A. Nichols, H. D. Hale and Murrel
Dean Hale, before H. C. Sherrill, NotarY--
Public, Tulsa County, State of Oklahoma. (SEAL).
Commission expires May 1, 1957.
ACKNOWLEDGED:
On August 18, 1955; by C. B. Sherrill and R. E.
Nichols, Presidents of Sherr~ll and Sherrill
Insurance-Land Compdny and Nichols, Flournoy,
Sherrill Developers; Inc., respectively, before
Maxine Llvingston, Notary Public, Tulsa County,
State of Oklahoma. (SEAL). Commission
expires November 14, 1957.
Qt.
. - ....... -
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iK
# 269616
KNOW ALL MEN BY THESE PRESENTS:
AMENDMENT TO RESTRICTIVE
COVENANTS
Dated: January 16, 1956
Filed: Jan. 16, 1956 at 3:34 P.M.
Recorded in Book 2649 Page 531
THAT, WHEREAS Nichols-FlournoY-Sherrill Developers{ Inc. is the
owner of Lots O~ to Nine (1-9) inclusive, Block One (1), NICHOLS
HEIGHTS ADDITION to the City of Owasso, Tulsa County, Oklahoma, and
WHEREAS Nichols-FlournoY-Sherrill Developers, Inc. desires to
impose additional restrictions on certain of said Lots;
NOW, THEREFORE the following restriction is imposed on Lots One
to Seven (1-7) inclusive, Block One (1):
Lots One to Seven (1-7) inclusive, Block One (1),
NICHOLS HEIGHTS ADDITION to the City of Owasso; Tulsa
County, Oklahoma are hereby restricted to residential
uses only and only one, one-family dwellings shall be
erected on each lot.
All other restrictive covenants contained in the plat and deed of
dedication are re-enacted and re-imposed.
WITNESS THE HAND AND SK4L of said corporation this 16th day of
January, 1956.
(COHPORATE SEAL)
ATTEST: Margaret A. Nichols;
Secretary.
NICHOLS-FLOURNOY-SHERRILL
DEVELOPERS; INC.
By: R. E. Nichols,
'President,
ACKNOWLEDGED: On January 16, 1956, by R. E. Nichols as its
President, before Connie Starr, Notary Public,
Tulsa County, State of Oklahoma. (SEAL)
Commission expires August 18, 1959.
Gl.84