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HomeMy WebLinkAbout1993.06.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: June 1, 1993 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, May 28, 1993. Kv No ,, FF ky, A-ei AM 16 -- — :. - Rx Z D 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of May 18, 1993 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 Owasso City Council June 1, 1993 ' Page 2 6. Consideration and Appropriate Action Relating to a Request for Council Approval of a ' Staff Recommendation to Name the Entrance Road at the Golf Course "Larkin Bailey Boulevard". Mr Ray ' Attachment #6 Staff will recommend the Council approve naming the entrance road at the golf course "Larkin Bailey Boulevard". 7. Consideration and Appropriate Action Relating to a Request for Council Acceptance of ' a Dedication of Rights -of -Way to the Public for the Purpose of Construction Improvements to the Municipal Street System. Mr Ray ' Attachment #7 Staff will recommend City Council acceptance of the rights -of -way dedicated to the ' public by the Owasso Public Golf Authority. ' 8. Consideration and Appropriate Action Relating to a Request for the Purchase of Material to be Utilized in the Construction of a Pedestrian Bridge in Rayola Park. Mr Compton Attachment #8 ' Staff will recommend Council approval of an expenditure of $1345 to Quick Service Steel for the purchase of material for construction of a bridge. 1 1 ■ 1 1 �I e r 1P d Owasso City Council June 1, 1993 Page 3 9. Consideration and Appropriate Action Relating to Ordinance #462, an Ordinance Regulating Connections to the Municipal Wastewater Collection System and Specifically those Connections to that Part of the Wastewater Collection System Funded by Grant #5252 CDBG -ED92 (Max Buchanan Infrastructure Grant). Mr Compton Attachment #9 Staff will recommend that the Council approval of Ordinance #462. 10. Consideration and Appropriate Action Relating to a Request for the Purchase and Installation of Equipment at the Municipal Pool. Mr Compton Mr Knebel Attachment #10 Staff will recommend Council approval of the expenditure of $2606.50 to Mullin Plumbing for the purchase and installation of a water heater and plumbing necessary to operate the pool according to Health Department rules. 11. Consideration and Appropriate Action Relating to Ordinance #461, an Ordinance Relating to a Request to Rezone a Tract of Land Located in the NE /4 NW /4 NW /4 of Section 32, T21N, R14E, City of Owasso, Tulsa County, Oklahoma, from AG to CG; Generally Located on East 76th Street North, East of Highway 169, Between Perry's Restaurant and Owasso Veterinary Clinic (OZ -93). Mr Rooney Attachment #11 Staff will recommend Council adoption of Ordinance #461 authorizing the approval of rezoning request OZ -93. Owasso City Council June 1, 1993 Page 4 12. Consideration and Appropriate Action Relating to a Request for Acceptance of the Final Plat for Double Oaks III, an Addition to the City of Owasso, Tulsa County, Oklahoma; Generally Located West of 129th East Avenue, just South of East 82nd Street North. Mr Rooney Attachment #12 Staff will recommend Council approval of the Final Plat for Double Oaks III. a 13. Consideration and Appropriate Action Relating to a Request for Acceptance of the Final Plat for Windsor Lake II, an Addition to the City of Owasso, Tulsa County, Oklahoma; Generally Located just South of Windsor Lake I. This is a Resubmittal of a Final Plat Previously Approved by the Owasso City Council. Mr Rooney Attachment #13 ' Staff will recommend Council approval of the resubmitted final plat for Windsor Lake II. ' 14. Consideration and Appropriate Action Relating to a Request for City Council Acceptance of Water, Wastewater, Stormwater, and Street Additions to the City's Systems from ' Trails End Development Inc for Windsor Lake II Addition. Mr Munn Attachment # 14 ' Staff will recommend Council acceptance of the water, wastewater, stormwater and street improvements as constructed and as required by the final plat for Windsor Lake II addition. 1 1 1 LI 1 1 Owasso City Council June 1, 1993 Page 5 15. Consideration and Appropriate Action Relating to a Request Authorizing the City Attorney to file a "Disclaimer of Interest" with the District Court in the Matter of U.S.A vs Thomas W Cummings, et al. Mr Cates Attachment #15 Staff will recommend that the Council authorize the City Attorney to cause to be filed a "Disclaimer of Interest" in the matter of U.S.A. vs Thomas W Cummings, et al. 16. Consideration and Appropriate Action Relating to the Appointment and Confirmation of a Member of the City Council to a One -Year Term as Trustee of the Owasso Economic Development Authority Mayor Randolph Mayor Randolph will nominate a councilmember and request Council confirmation of that appointment. NOTE: This OWA Trustee position is required to be held by a member of the City Council pursuant to the Trust Indenture. 17. Report from City Manager 18. Report from City Attorney Owasso City Council June 1, 1993 Page 6 19. Unfinished Business 20. New Business 21. Adjournment ' OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 18, 1993 1 The Owasso City Council met in regular session on Tuesday, May 18, 1993 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, May 14, 1993. op ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p.m. IITEM 2: FLAG SALUTE ' The flag salute was led by Girl Scout Troop #283. ITEM 3: ROLL CALL ' PRESENT ABSENT Bob Randolph, Mayor ' Bob Randolph, Vice Mayor Jim Smalley, Councilmember Mary Lou Barnhouse, Councilmember Charles Burris, Councilmember STAFF ' Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ' A quorum was declared present. ' ITEM 4: REQUEST APPROVAL OF THE MINUTES OF May 4, 1993 REGULAR MEETING. ' Charles Burris moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. ' AYE: Burris, Phillips, Smalley, Barnhouse, Randolph NAY: None ' Motion carried 5 -0. ITEM 5: REQUEST APPROVAL OF THE CLAIMS ' John Phillips moved, seconded by Jim Smalley, to approve the following claims as submitted: (1) General Fund $22,407.12 and Interfund Transfers $162.50; (2) Workers' Compensation Self- , �1 L 1 IOwasso City Council May 18, 1993 f" Insurance Plan $783.40; (3) Ambulance Service Fund $39.50 and Interfund Transfers $3,386.14; 16 (4) Capital Improvements Fund $350.00; (5) City Garage $3,135.30; (6) General Fund Payroll $87,183.47; (7) City Garage Payroll $3,383.48. AYE: Phillips, Smalley, Burris, Barnhouse, Randolph NAY: None ' Motion carried 5 -0. ITEM 6: REQUEST TO ADDRESS THE CITY COUNCIL CONCERNING RECYCLING Jennifer Worley and Mary Ross, representing Girl Scout Troop #283 addressed the Council ' concerning the recycling of plastics. They requested that the City of Owasso consider recycling plastics at the Recycle Center. Co- leaders of the troop are Cindy Stephens and Trudy Sparks. ' ITEM 7: REQUEST TO ADDRESS THE CITY COUNCIL ON A MATTER RELATING TO THE IMPROVEMENT AND MAINTENANCE OF A STORM DRAINAGE - WAY LOCATED PARALLEL TO FORREST DRIVE SOUTH OF FOURTH ' STREET Patricia Marlar addressed the Council on behalf of Ms Nancy Wampole and Ms Marie Fields, ' who reside along the drainage ditch. She suggested that the drainage ditch has not been properly maintained, therefore the water does not properly flow from the ditch. A request was made to make sure there are sufficient funds in the budget to clear and maintain the ditch. It was also ' suggested that the City consider exceeding the amount in the capital improvements budget to make sure the ditch is clear and properly sloped. 1 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE SOLICITATION OF BIDS FOR THE INSTALLATION OF AN ASPHALT SURFACE ON THE ENTRANCE ROAD TO THE OWASSO SPORTSPARK Contract documents and bid specifications have been completed for an asphalt surface on the west 26' of the existing entrance road to the Owasso SportsPark. Specifications call for 4" of Type "A" asphalt on that portion of the road, with the remainder being done at some time in the future. After the entire road has been asphalted, a final wearing surface will be added. Charles Burris moved to authorize the solicitation of bids for the asphalt paving of the Owasso SportsPark entrance road. Motion was seconded by John Phillips. AYE: Burris, Phillips, Smalley, Bamhouse, Randolph NAY: None Motion carried 5 -0. Pa Owasso City Council May 18, 1993 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE DESIGNATION OF THE OWASSO FIRE DEPARTMENT AS A "PROJECT SAFE - PLACE" FACILITY Chief Allen and Firefighter DeMauro requested that the Owasso Fire Station be designated as a "Project Safe - Place" facility. This would be a place where teenagers would be able to go for help with any kind of trouble they might be having. When a young person goes into a Safe Place and asks for help, an employee calls the Tulsa Youth Services, whose staff will send a trained volunteer to the site the assist the youth and take appropriate action. There is no direct cost to the City for such a program. Jim Smalley moved, seconded by Charles Burris, to designate the Owasso Fire Department as a Project Safe Place facility. AYE: Smalley, Burris, Phillips, Bamhouse, Randolph NAY: None Motion carried 5 -0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST AUTHORIZING THE CITY ATTORNEY TO FILE A "DISCLAIMER OF INTEREST" WITH THE DISTRICT COURT IN THE MATTER OF HUD VS LADONNA DANIELS, ET AL The City has been served as a co- defendant in a legal action wherein the U.S. Department of Housing and Urban Development is seeking foreclosure on property owned by LaDonna Daniels and others. At one time the City held a cleaning and mowing assessment lien on the property, however, that lien has been satisfied. The disclaimer is a document that states that the City has no claim against the property and no interest in the property in any form. This removes the City from the legal action. A question was raised concerning easements on the property. Mr Cates was instructed to modify the disclaimer to reflect the City's interest in easements. Jim Smalley moved to authorize the City Attorney to file a Disclaimer of Interest in the above - referenced matter. Motion was seconded by Charles Burris. AYE: Smalley, Burris, Phillips, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FY 1993 -94 LABOR CONTRACT BETWEEN THE CITY OF OWASSO AND FOP LODGE #149 On March 2, 1993 the Council authorized the City Manager to conduct labor contract negotiations with the FOP and established parameters for those negotiations. Negotiations have 3 1I 1 Owasso City Council May 18, 1993 been concluded and an agreement has been reached. That agreement has been ratified by a vote of the lodge, and staff recommended Council approval of the contract. Charles Burris moved that the Council approve the contract between the City of Owasso and FOP Lodge #149 and that the Mayor be authorized to execute such document. Motion was seconded by John Phillips. AYE: Burris, Phillips, Smalley, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL RATIFICATION OF AN ACTION TAKEN BY THE CITY MANAGER WHEREIN THE MANAGER EXCEEDED THE SPENDING AUTHORITY ALLOWED BY CODE BY AUTHORIZING EMERGENCY REPAIRS TO A CITY AMBULANCE On April 27, one of the two ambulance had a fuel system problem and had to be taken out of service. It was taken to Don Thornton Ford for an estimated cost of repairs. The estimated cost of those repairs was $1200, which exceeds the City Manager's spending authority. Because of the emergency situation created by having an ambulance out of service, the City Manager authorized the repairs, and placed this item on the Council agenda to ratify that action. Charles Burris moved, seconded by John Phillips, to ratify the action of the City Manager relating to the expenditure of funds for ambulance repairs. AYE: Burris, Phillips, Smalley, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ' ORDINANCE #460. AN ORDINANCE AMENDING A PREVIOUSLY ADOPTED ORDINANCE (#53) RELATING TO THE VACATION OF RIGHT - OF -WAY BETWEEN BLOCKS 9 & 10 OF GREENLEE'S ADDITION l In 1964, Ordinance #53 was adopted closing the public right -of -way referenced above. The property owners who requested this action, did not follow through and process the action through District Court. A descendant of one of the original property owners recently began the process to complete this action. In doing so, it was discovered that the original ordinance ( #53) contained an error in the legal description. Therefore, Ordinance #460 was brought to the Council to correct that error. John Phillips moved the adoption of Ordinance #460. Motion was seconded by Jim Smalley. 4 i 1 1 1 1 1 f Owasso City Council May 18, 1993 AYE: Phillips, Smalley, Burris, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST THAT THE STAFF BE AUTHORIZED TO DEVELOP DOCUMENTS TO PRESENT TO THE CITY COUNCIL PROVIDING FOR A CONDITIONAL GRANT TO THE OWASSO PUBLIC GOLF AUTHORITY IN THE AMOUNT OF $400,,000. SUCH GRANT TO BE RETURNED TO THE CITY OF OWASSO IN ADDITION TO INTEREST PAYMENTS AS REQUIRED BY THE GRANT DOCUMENTS. The City of Owasso maintains 12 funds that currently have reserves or contain restricted monies. These funds have increased to a level that allows the City to begin making long -term investments that produce a higher interest income for the City. However, current interest rates are so low that return on traditional investments would not produce an income much higher than what is now being received. One of the alternatives researched by staff was a "conditional grant" to the Owasso Public Golf Authority, which would yield a higher return on the investment and would allow additional funds for the golf course project and provide cash for start-up of the course. After determining that there were no legal barriers to such a grant, the City Attorney, OPWA Financial Advisor, and Bond Counsel agreed to work together to produce an agreement for a conditional grant. All five OPGA Trustees were present, and the Chairperson spoke in favor of the grant. Owasso bankers were also positive about the concept. Following discussion, Mayor Randolph moved to authorize the staff to develop documents relating to a conditional grant as set forth in the agenda for presentation to the Council in June. Motion was seconded by Charles Burris. AYE: Randolph, Burris, Phillips, Smalley, Barnhouse NAY: None Motion carved 5 -0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST TO DESIGNATE THE MAYOR AS THE CITY'S CERTIFYING OFFICER AS PROVIDED FOR BY THE NATIONAL ENVIRONMENTAL POLICY ACT FOR THE PURPOSE OF SIGNING CERTAIN DOCUMENTS TO COMPLETE THE REQUIREMENTS OF THE MAX BUCHANAN CDBG- ED GRANT. PROJECT #5252. This item was placed on the agenda to designate the Mayor as the certifying officer to sign the Environmental Certification and Release of Funds Request and to make findings of No Significant Environmental Impact and Exemption of Administrative and Engineering Services F1 Owasso City Council May 18, 1993 ' in regard to the infrastructure improvements connected with the Max Buchanan site development. Charles Burris moved, seconded by John Phillips, to so designate the Mayor as the certifying officer for the Max Buchanan infrastructure project. AYE: Burris, Phillips, Smalley, Barnhouse, Randolph NAY: None Motion carried 5 -0. ' ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST THAT A FINDING OF "NO SIGNIFICANT IMPACT ON THE ENVIRONMENT" WILL OCCUR AS A RESULT OF THE MAX BUCHANAN ' PROJECT #5252 CDBG -ED92. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ' REQUEST FOR A FINDING BY THE CITY COUNCIL THAT ADMINISTRATIVE AND ENGINEERING SERVICES RELATING TO PROJECT #5252 CDBG -ED92 (MAX BUCHANAN INFRASTRUCTURE ' GRANT) ARE EXEMPTED FROM THE REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 DUE TO THE NATURE OF THESE ACTIVITIES AND IN ACCORDANCE WITH "24 CFR. PART 58 ". ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ' REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN ENVIRONMENTAL CERTIFICATE FOR PROJECT #5252 CDBG -ED92 (MAX BUCHANAN INFRASTRUCTURE GRANT). ' ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A "REQUEST FOR THE ' RELEASE OF FUNDS', AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE SUCH DOCUMENTS AS REQUIRED TO GAIN A RELEASE OF FUNDS FOR PROJECT #5252 CDBG -ED92. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN "ANTIDISPLACEMENT PLAN" FOR PROJECT #5252 CDBG -ED92 (MAX BUCHANAN INFRASTRUCTURE GRANT). ' ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A "MANAGEMENT PLAN" FOR PROJECT #5252 CDBG -ED92 (MAX BUCHANAN INFRASTRUCTURE GRANT) . Owasso City Council May 18, 1993 Items 16-21 are a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the Max Buchanan site development. All are house cleaning type items. Charles Burris moved that items 16-21 be consolidated and that Council approve the recommendation of staff on each item as set forth in the agenda. Motion seconded by John Phillips. AYE: Burris, Phillips, Smalley, Barnhouse, Randolph NAY: None Motion carried 5 -0. ITEM 22: REPORT FROM CITY MANAGER No report. ITEM 23: REPORT FROM CITY ATTORNEY No report. ITEM 24: UNFINISHED BUSINESS None. ITEM 24: NEW BUSINESS None. ITEM 25: ADJOURNMENT John Phillips moved, seconded by Charles Burris to adjourn. AYE: Phillips, Burris, Smalley, Barnhouse, Randolph NAY: None Motion carried 5 -0 and the meeting was adjourned at 8:15 p.m. Marcia Boutwell, City Clerk 7 Bob Randolph, Mayor CITY OF OWASSO GENERAL FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- * NO DEPARTMENT MASTER FOUND * ------------------------ - - - - -- 932371 COX CHIROPRACTIC CLINIC REFUND 75.00 DEPARTMENT TOTAL =___? 75.00 MANAGERIAL ------------------------ - - - - -- 930022 RODNEY RAY EXPENSES 334.99 931868 EDMOND DODGE VEHICLE 8.232.81 932290 THE ECONOMICS PRESS. INC. SUBSCRIPTION 324.22 932351 COMPUADD MONITOR 211.46 932357 TREASURER PETTY CASH REIMB PETTY CASH 58.62 932370 REASORS PRICE RITE FILM /PROCESSING 30.56 932390 TREASURER PETTY CASH REIMB PETTY CASH 75.12 932400 REGENA PARSONS TUITION REIMBURSEMENT 147.00 932423 LDCC INC-AT &T 4/93 LONG DISTANCE 14.77 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR 54.22 932429 OFFICE DEPOT CARD PLAN SUPPLIES 58.13 DEPARTMENT TOTAL = = = =) 9441.90 FINANCE ------------------------ - - - - -- 932390 TREASURER PETTY CASH REIMB PETTY CASH 9.00 932430 SUBURBAN OFFICE SUPPLY SUPPLIES 40.74 DEPARTMENT TOTAL =___; 49.74 COMMUNITY DEVELOPMENT ------------------------ - - - - -- 932188 BOCA INTERNATIONAL SUPPLIES 36.00 932390 TREASURER PETTY CASH REIMB PETTY CASH 9.12 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR 27.26 DEPARTMENT TOTAL =___` 72.38 MUNICIPAL COURT ------------------------ - - - - -- 930075 MICHAEL D. HILSABECK SERVICES 700.00 5 CITY OF OWASSO GENERAL FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 932215 HEMA ENTERPRISES SIGHS 249.69 932360 JOSS PRINT SHOP PRINTING 81.50 DEPARTMENT TOTAL =___> 1,031.19 ENGINEERING ------------------------ - - - - -- 930353 ROHR MUNN ENGINEERING SERVICES 1,611.98 932386 INCOG SERVICES 300.00 DEPARTMENT TOTAL =___> 1.911.98 GENERAL GOVERNMENT ------------------------ - - - - -- 930292 MEMBER SERVICE LIFE MONTHLY FEES 117.00 931812 DEPARTMENT OF CORRECTIONS DOC EMPLOYEES 118.80 932311 MULTI CAPE HEALTH CENTER PRE EMPL DRUG SCREENING 150.00 932340 OML MUNICIPAL ASSURANCE DEDUCTIBLE 500.00 932356 SUBURBAN OFFICE SUPPLY SUPPLIES 33.76 932383 OFFICE DEPOT CARD PLAN SUPPLIES 98.52 932390 TREASURER PETTY CASH REIMB PETTY CASH 6.41 932391 TREASURER PETTY CASH DOC MEALS 515.56 932422 PSO 4/93 USE 946.28 932423 LDCC INC -AT &T 4/93 LONG DISTANCE 157.14 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAP. 800.46 932425 OKLA NATURAL GAS 4/93 USE 326.11 932426 SOUTHWESTERN BELL TELE. 4/93 NON- PLEXAR 236.88 932427 AT &T 4/93 USE 11.43 932429 OFFICE DEPOT CARD PLAN SUPPLIES 9.99 DEPARTMENT TOTAL =___> 4.028.34 MAINTENANCE ------------------------ - - - - -- 932359 EVE INC. SUPPLIES 24.42 932390 TREASURER PETTY CASH REIMB PETTY CASH 106.56 932396 CLASSIC ELECTRIC REPAIRS 35.00 932415 SAM'S CLUB SUPPLIES 44.19 DEPARTMENT TOTAL =___> 210.17 CEMETERY ------------------------ - - - - -- 6 CITY OF OWASSO GENERAL FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 932422 PSO 4/93 USE 38.82 DEPARTMENT TOTAL =___> 38.82 POLICE SERVICES ------------------------ - - - - -- 930072 IDENTI -KIT CO. INC IDENTI KIT LEASE 34.00 932202 SGT J.M. KACZMARCK RANGE QUALIFICATIONS 550.00 932395 JANE VANSICKLE TUITION REIMBURSEMENT 73.50 932411 MCCAW COMMUNICATIONS PAGER RENTAL 131.70 932413 GARRETT SIGNS SERVICES 75.00 932414 PHILLIPS POLICE EQUIP SUPPLIES 46.75 932416 WESTERN BUSINESS PRODUCTS COPY OVERAGE 143.08 932422 PSO 4/93 USE 335.44 932423 LDCC INC -AT &T 4/93 LONG DISTANCE 2.91 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR 27.11 932425 OKLA NATURAL GAS 4/93 USE 51.60 DEPARTMENT TOTAL =___) 1.471.09 ANIMAL CONTROL ------------------------ - - - - -- 932415 SAM'S CLUB SUPPLIES 14.98 DEPARTMENT TOTAL =___) 14.98 FIRE SERIVCES ------------------------ - - - - -- 932327 KIMBALL ACE HARDWARE SUPPLIES 16.21 932328 MCCAW COMMUNICATIONS PAGER RENTAL 21.95 DEPARTMENT TOTAL =___) 38.16 STREETS ------------------------ - - - - -- 932066 HUGHES LUMBER CO SUPPLIES 44.19 932084 ANCHOR STONE CO CONCRETE 205.98 932289 EARL BEARD MOWING, /LAKERIDGE EASEMENT 195.00 932363 CINTAS CORP. UNIFORM RENTAL /CLEANING 432.45 932366 K & M ENTERPRISES MOWING /EL RIO VISTA 90.00 932368 USUABLE STEEL YARD SUPPLIES 62.37 7 CITY OF OWASSO GENERAL FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 932389 DOUBLE OAKS, INC. SUPPLIES 538.50 932422 PSO 4/93 USE 567.22 932423 LDCC INC -AT &T 4/93 LONG DISTANCE 4.05 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR 50.37 932425 OKLA NATURAL GAS 4/93 USE 76.84 DEPARTMENT TOTAL =___) 2,266.97 RECREATION CENTER ------------------------ - - - - -- 932346 HAMILL CO. MEMBERSHIP CARDS 38.00 932422 PSO 4/93 USE 464.68 932423 LDCC INC -AT &T 4/93 LONG DISTANCE 4.02 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR 46.10 93245 OKLA NATURAL GAS 4/93 USE 165.45 DEPARTMENT TOTAL =___) 718.25 SWIMMING POOL ------------------------ - - - - -- 932364 ANCHOR PAINT POOL PAINT 932422 PSO 4/93 USE 932424 SOUTHWESTERN BELL TELE. 4/93 PLEXAR DEPARTMENT TOTAL =___) COMMUNITY CENTER ------------------------ - - - - -- 932390 TREASURER PETTY CASH 932422 PSO 932423 LDCC INC -AT &T 932424 SOUTHWESTERN BELL TELE. 932425 OKLA NATURAL GAS DEPARTMENT TOTAL =___) PARK MAINTENANCE ------------------------ - - - - -- REIMB PETTY CASH 4/93 USE 4/93 LONG DISTANCE 4/93 PLEXAR 4/93 USE 932422 PSO 4/93 USE 932425 OKLA NATURAL GAS 4/93 USE DEPARTMENT TOTAL 143.50 64.03 14.06 221.59 15.96 395.63 4.83 54.52 130.98 601.92 419.56 85.52 505.08 CITY OF OWASSO GENERAL FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- INTERFUND TRANSFERS ------------------------ - - - - -- 931888 CITY - WORKERS' COMP SELF I MONTHLY TRANSFER 11.512.50 931889 CITY GARAGE TRANSFERS 11,216.66 DEPARTMENT TOTAL =___> 22,729.16 FUND TOTAL =___> 45,526.72 9 CITY OF OWASSO WORKERS' COMP SELF -INS PLAN 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 930600 DARRELL EVANS T.T.D. /EVANS 626.72 932195 DR. AMBROSE SOLANO. M.D. CLAIM /STUCKEY 30.00 932349 MULTI CARE HEALTH CENTER r_LAIM /ROBERTSON 93.00 DEPARTMENT TOTAL =___? 749.72 FUND TOTAL =___> 749.72 1 CITY OF OWASSO AMBULANCE SERVICE FUND 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 932011 ALLIANCE MEDICAL. INC. SUPPLIES 452.49 932324 PACE PRODUCTS OF TULSA IN SUPPLIES 120.00 DEPARTMENT TOTAL =___> 572.49 INTERFUND TRANSFERS ------------------------ - - - - -- 931887 CITY- GENERAL FUND MONTHLY TRANSFER 7,500.00 DEPARTMENT TOTAL = = = =i 7.500.00 FUND TOTAL 8.072.49 2 CITY OF OWASSO E - 911 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CENTRAL DISPATCH ------------------------ - - - - -- 930919 SOUTHWESTERN BELL TELE. E-911 1,742.44 932412 L.E.T.N. 6/93 TRAINING 288.00 DEPARTMENT TOTAL =___> 2,030.44 IHTERFUHD TRANSFERS ------------------------ - - - - -- 931887 CITY - GENERAL FUND MONTHLY TRANSFER 833.34 DEPARTMENT TOTAL =___> 833.34 FUND TOTAL =___> 2.863.78 3 CITY OF OWASSO 4626 CDBG - EDF 90 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- * NO DEPARTMENT MASTER FOUND * ------------------------ - - - - -- 931891 ODOC DEPARTMENT TOTAL = = = => FUND TOTAL = = = => WOODS CO PAYMENT 100.00 100.00 100.00 4 CITY OF OWASSO CITY GARAGE 5/27/93 15:06:00 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 932039 WELDOR OF TULSA, INC. 932153 MIAMI TIRE SERVICE. INC 932233 BOWERS OIL CO. 932278 PENNANT PETROLEUM CO. 932390 TREASURER PETTY CASH 932415 SAM'S CLUB 932422 PSO 932423 LDCC INC -AT &T 932424 SOUTHWESTERN BELL TELE. 932425 OKLA NATURAL GAS DEPARTMENT TOTAL =___> FUND TOTAL GRAND TOTAL PARTS 32.64 PARTS 200.66 FUEL 2039.36 OIL 299.75 REIMB PETTY CASH 10.62 SUPPLIES 47.54 4/93 USE 123.60 4/93 LONG DISTANCE 2.08 4/93 PLEXAR 22.61 4/93 USE 103.68 3,382.54 3,382.54 214,599.97 12 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 05/15/93 DEPARTMENT AMOUNT Finance 4,098.06 Municipal Court 1,193.10 i'r'r`tii�:��i'ri:i }�`:: ?:•SY:: ri >iii'r;:j; {.:.•hv':.',:i}i::ii: ?:�: ?•ii �i:t:: ^'rii �i:iifi �i :•�': h' i .:. . . .:.. �. LG6' wJti�•} iiiiii`:?: ir: i:?:; ii':';:} ti+: �: ti�itiitiiii t ?:;:? <':iii:;:::;::r: ?sti: :} iii:• :in:':i� >i�Y4iii'�iii:i' + ?i'i:y r'�i:i:{T Buildin Maintenance y, :. •„ •:. .:.•\, Y.' R•,�j, },'.G.r,{�.C$,:E�;:?;VQ;. nq'4\'9}F:i}� ti: h': 2:; 4�.//,.;:;; k:;` .•::; ?iT {:Crrn}}:r; 22.60 :.:i {ii;:; {: r~ . l ::::. .v:.. ... \ ???.{ Q00006:4i%4%•Y.J }Y�iOvh1:}hVti{{ {:} SOP: vY}.{i d}.+ MT:{ tt{ O}: 4k?^}:•}}:• } } } } }:? ??� }: +.v.v::: ::.�:::MI.• ... . Central Dispatch 4,153 x`37 y�>:•>: q�q••yyc��. ++��.N {. ��.•y���.. yam._ �.j... �.FRi[:� `�wLFkk..... •:a......�:., }r.....:.. .{ah::....:. ...,h.. r.. :. }....... :........ ......... ... •�7.3..f�j k Fire 25,906.86 ... »..:..::..: «:: :.. ::: ,.. :::v':'�'.',: }�,T�:,.::h:Y {:��A? >hn+f'N9::• :4::::::::::.3:x: „.w,.. .. : ..: vx^ P}: v } } } } } }: {. } } } } } } }: ?• }; } } } } }; } };: � };;::.�:::.. . . }r,P.P},P}•aP..P. Recreation Center 2,622.21 ..: ».::... .{ {u,....su;.i::Yv:£;:. , c.. y .. }s.r......................:.: .:.:.:...::.:::::..::...:,..,..,.....:.::.:..:.., Community - Senior Center .... ».....•.....,.:::::.::.:... ta.'.wrs'• •• 2,218.15 w. T: n: W..? SSS:i �} :?!tiw.}}v}; ? {xnx:• }: { ?: ?• }S }: ?. }: nW.. titi.» �; r..^^ S:{• Y: 4:?• S:{ nvr.}:{.; m.}}}}:^:{:+.• +�y is ?14ii;: ^ ?:;:4:iii}• {• }:'.: :: {..:: ^:•i:•i:L' {. } }� } }ii } } }: }::.} �I �!I��y�}�Y� }:? i':•l ,i,:;ii {.;Gitn•,:: ?iiii:^'} } {ifi i::: ;ik:�.:? ?�:::4:::::::::Y:: ^:::::::::: 'LtJ:421:+1:t ' GT JM LLdJftSit-0 S:^ : ?ti ? ?.}}; ^;n:•SS:ti? })'.i:: : {•i ?: { { {•:?•:';;;: }...}.; ..:::: .....: }::.n...::: ?:.}xY;{.:O: Mh:. Y!!h: v: •$�+i .......... rwx.•.v, nv. n. h n.: rr:vrn:.w. uw. Wi. L:. 06' w4: 3w-0: L' iswv .:vv{ {vvrri>;::LLW:::L..:::wv. nwnv. : .n ...........................:: %•..:..:: nu:..uv'rR'::5 Economic Development 1,985.07 APPROVED: 06/01/93 Mayor Council Member Council Member F I 1 04 I F I p CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 05/15/93 APPROVED: 06/01/93 Mayor Council Member Council Member CITY OF OWASSO GENERAL FUND 5/28/93 15:22:09 A/P CLAIMS REPORT PO # VENDOR DESCRIPTION ---- - - - - -- ------------------- - - - - -- --------------- - - -- PARK MAINTENANCE ------------------------------ 932248 WAYNE CARVER 932249 JIM HOBBS 932250 LARRY BUCHANAN 932251 ARLEY OWENS 932262 AUDREY REEVE DEPARTMENT TOTAL FUND TOTAL GRAND TOTAL MOWING /86TH ST PARK MOWING /RAYOLA PARK MOWING /ATOP PARK MOWING/ELM CREEK PARK SERVICES/ELM CREEK APAPVR PAGE: AMOUNT -- ------- - - - - -- 157.50 495.00 360.00 792.00 150.00 1,954.50 1,954.50 1,954.50 1 XIMoxaxnunz TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR STREET NAME APPROVAL DATE: May 28, 1993 BACKGROUND: For more than seven years the planning staff and Planning Commission have followed a "policy" that required streets to conform to a numbering system utilized by the City of Tulsa and Tulsa County. In following this policy, the staff has consistently denied developers' requests to use "descriptive" street names (i.e. Red Bud Lane, Elm Creek Drive, etc). In every case, the Planning Commission has supported the staff decisions in these matters and, in fact, has made its position against the use of descriptive names clear during discussions relating to plat development. However, the staff has recently determined that an exception to this "policy" should be allowed. The Owasso Public Golf Authority and Larkin Bailey Trust have indicated their interest in having the entrance road to the golf course named in honor of the man who donated the property for the golf facility. The proposed name of the street is "LARKIN BAILEY BOULEVARD" and, though initially the street will be used only as an entrance road to the clubhouse area, eventually the street is planned to be extended to other areas of a proposed residential subdivision (see attached map). COMMENTS: 1. While the staff has followed a "policy" of not using descriptive names for streets, it appears there actually is no written, Council - approved policy. If there is such a written policy, staff has not found any record of that policy. 2. Because the staff has consistently used the term "City Policy" as a basis for denial of the use of descriptive names, it is management's position that there is in fact a "de facto" policy. It is further the staff position that the Council is the only authority that can authorize exceptions to this "de facto" policy. REQUEST FOR STREET NAME APPROVAL MAY 21, 1993 PAGE 2 3. The Trustees of the Bailey Trust have indicated their strong interest in having this street named in honor of Mr Bailey. Additionally, the Trustees of the OPGA have endorsed the proposed street name and have recommended Council approval of the exemption of the policy. RECOMMENDATION: The staff recommends Council approval of an exception to the practice of using only a numbered street name in the case of the entrance road to the public golf course now under construction, and that the staff be directed to name the street "LARKIN BAILEY BOULEVARD ". ATTACBAIENT• 1. Map indicating location of proposed street Proposed Larkin Bailey Blvd Li.. 1 Proposed Larkin Bailey Blvd �? ZT Ila , rt. . � .• 1.: •` mil. .. .1 mot' � '� • -� � � , .t Li.. n n u u 11 OUT a.:- a Proposed Larkin Bailey Blvd �? r .f n n u u 11 OUT a.:- a r .f rt. . � .• 1.: •` mil. .. .1 mot' � '� • -� � � , .t �Y,; •fir �� CT N. .- :. NWMoxnrmuM ITO: IFROM: ISUBJECT: IDATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST FOR COUNCIL ACCEPTANCE OF RIGHTS -OF -WAY FROM OPGA May 28, 1993 The Owasso Public Golf Authority proposes to construct an entrance roadway from 97th East !t Avenue to the golf course clubhouse area. Although the roadway will initially be used only as access to the golf course, it has always been the intent of the OPGA, private landowner, and city planning staff that the road eventually be extended and used as a collector street for the proposed subdivision. The OPGA has developed plans for the street construction based on city standards and those plans have been approved by the city staff. The street will initially be a two lane, twenty-six feet wide asphalt surface. However, upon acceptance of a subdivision plat for the surrounding property, the street will be expanded to a boulevard type street by the developer and also constructed to city standards. The initial design was engineered based on the concept that the street would be expanded by the developer. In order to begin construction of a public street, the OPGA and Bailey Trust must dedicate rights -of -way to the public for such purpose. Additionally, the City Council must accept the dedication of those rights -of -way. On May 25th, the OPGA approved the dedication of rights- of -way to the public, such approval indicated by the executed documents attached for your review. It is anticipated that the Bailey Trust will soon dedicate their portion of the required rights -of -way. rRECOMMENDATION: The staff recommends Council acceptance of the rights -of -way as described on the attached dedication approved and executed by the OPGA Trustees. ' NOTE: It should be noted that the plans for the construction of the street are on file at City Hall should you wish to view them. ATTACHMENTS: ' 1. Instruments of Dedication of Rights -of -Way 2. Map of area indicating location of proposed rights -of -way and street DEED KNOW ALL MEN BY THESE PRESENTS: That The Owasso Public Gulf Authority, a public trust created ' pursuant to 60 O.S. Section 176 et seq. (the "Grantor "), in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable cons ideraLion, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell ' and convey unto The City of Owasso (the "Grantee "), that certain tract of real property situated in Owasso, Tulsa County, Oklahoma and more particularly described on Exhibit "A" attached hereto and made a part hereof, together with the improvements thereon and the appurtenances thereunto belonging, TO HAVE AND TO HOLD said described premises unto the Grantee, and Grantee's successors and assigns forever, free, clear and discharged of and from all former grants, claims, charges, taxes, judgments, mortgages and other ' Liens and encumbrances whatsoever. EXECUTED and delivered this _2$AAday of rn , 1993. Owasso Public Golf Authority a public trust By•Cha rman ' ATTEST: Sec etary iY7 ^� ACKNOWLEDGMENT Zvi yStj'A! , 6 - O1�L XHOMA ) I' �. ) Ss. ,"'Bef6r6 me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared T11 k Tr. , and _j�tatd' �7nuiulQ/L —_, as Chairman and Secretary respectively, personally known to me to be such, acknowledged that (s)he executed the above and foregoing document freely on behalf of the Owasso ' Public Golf Authority and voluntarily and for the uses and purposes therein stated. Notary Public My;rEbmmission Expires: 1 111.50.156 ACCEPTED this day of by the City of Owasso, Oklahoma. ATTEST: ity Cler 1 1 1 1 1 1 1 1 1 1 1 Mayor 1993, 1 Exhibit "A" tApril 05, 1993 ' LEGAL DESCRIPTION FOR THE DEDICATION OF RIGHT -OF -WAY TO THE PUBLIC FOR LARKIN BAILEY BOULEVARD CLUBHOUSE SITE ROAD RIGHT -OF -WAY: ' A tract of land located in the West Half of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, more particularly described as follows: ' Commencing at the Southwest Corner of said Section; thence NO1 018118 11W along the west line of said Section a distance of ' 1597.28 feet; thence N88 041142 11E a distance of 650.40 feet to the southwest corner of the Bailey Ranch Golf Course Clubhouse boundary, said point being the Point of Beginning; thence along the ' west line of said boundary NO1 018118 11W a distance of 27.34 feet; thence along a curve to the left having a radius of 429.62 feet and central angle of 64 023107" a distance of 482.78 feet, the chord of said curve bearing S87 045157 11E a distance of 457.78 feet; thence ' N60 002129 11E a distance of 31.77 feet to a point on the east line of said boundary; thence along said east line S01 004158 11E a distance of 22.84 feet to the southeast corner of said boundary; thence S60 002129 11W a distance of 20.74 feet; thence along a curve to the right, having a radius of 449.62 feet and central angle of 56 021133" a distance of 442.27 feet, the chord of said curve ' bearing S88 013116 11W a distance of 424.66 feet; thence N63 °35158 11W a distance of 47.27 feet to the Point of Beginning, said tract containing 10303.62 square feet, or 0.24 acres, more or less. I (I I Riwwollm I I Q 18" RCP �\ HORIZONTAL SCALE IN FEET 00 0 100 200 PROPOSED ROADWAY FUTURE ROADWAY ® TEMP. GRAVEL TURNAROUND / CLUBHOUSE SITE o 0 IMP �_ U lJ -5 PRELIMINARY PLAN if TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: PEDESTRIAN BRIDGE CONSTRUCTION AT RAYOLA PARK DATE: May 26, 1993 BACKGROUND: With the addition of the picnic shelter adjacent to the swimming pool and the renovated restrooms at the recreation center, pedestrian traffic between these two facilities has increased. In addition, use of Rayola Park in general has increased. Because of this increased usage and because of the deteriorated and unsafe condition of the southern most bridge across the ditch, it is the staff opinion that replacement of this bridge is necessary. It is proposed that a new 35' steel frame bridge with a wood plank walking surface be constructed. The principle cost of the bridge is the steel framework. It is estimated that the steel, cutting the steel to proper lengths, and putting a slight arch in the primary support beams will cost $1,345 (see attached memorandum from Bret Hunt, Park Supervisor). The bridge will be constructed by city crews during June and July and be funded from monies remaining in this year's (FY92 -93) park maintenance budget. RECOMMENDATION: The staff recommends Council approval of an expenditure of $1345 to Quick Service Steel for the purchase of material for construction of a bridge. ATTACHMENT: (1) Memorandum from Bret Hunt 1 01 MEMORANDUM: TO: PARK DIRECTOR, STEVE COMPTON FROM: PARK SUPERVISOR, BRET HUNT SUBJECT: BRIDGE AT RAYOLA PARK DATE: BACKGROUND MAY 259 1993 At the present time in Rayola Park there is a bridge that the county placed over the creek in 1974 when the City Hall building was built. It was originally purchased as a part of the City Hall building but was not used. The City then ask the county to move it to Rayola Park to be used as a bridge at that time. I� In the past 19 years it has developed several holes in the surface and is unsafe for public use. The bridge is located half way between the picnic shelter and the tennis courts. This is a major path way for those using the trail in Rayola Park and the rest rooms at the Recreation Center. This bridge does not have access on one end because the steps are missing. The bridge does not have any type of rails and is only 4 1/2 feet wide. NECOMMMMATION : I recommend we replace the bridge at Rayola Park with one that is safe and accessible to the public. This will help connect all the park areas together. ATTAC E32ff : 1. Preliminary drawing 2. Materials list rye Tl1TAI nDir)CC" QDAKI BY OTHERS ELEVATION NO SCALE MATERIALS LIST• Steel Tubing: $1,020.00 2 - 35' 4x4 Square Tubing, 1/4" Wall 2 - 30' If 14 - 38" it 7 - 68" of 4 — 60" of Material Cuts: $ 125.00 Roll Bend 12" Out Center $ 200.00 Total Cost: $1,345.00 1� • ' 3118MI TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ' ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: MANDATORY WASTEWATER CONNECTION ORDINANCE FOR PROJECT # 5252 CDBG -ED92 (MAX BUCHANAN INFRASTRUCTURE GRANT) DATE: May 27, 1993 I BACKGROUND: In addition to recent actions taken by the Council addressing the environmental obligations for the "Release of Funds" on the Max Buchanan industrial infrastructure project there are other Oklahoma Department of Commerce (ODOC) contract requirements that must be fulfilled before the grant monies will be released. One of ODOC's contract requirement is that in addition to ' the Max Buchanan Company, any business which ties onto the new wastewater or water lines during the next three years, must provide job creation information. In order to assure ODOC that this job creation information will be collected it is required that the City amend its current wastewater ordinance to include a provision to mandate new businesses using the grant funded lines provide all necessary fob creation data. The staff has researched this request and find it to be a requirement that is typically made by ODOC through out the state on all infrastructure projects which use grant monies. Attached is ' a copy of Ordinance #462 which was prepared by Mr. Cates and meets the requirements of ODOC. RECOMMENDATION: IThe staff recommends that the Council approve Ordinance #462. IATTACHMENT: 1 (1) Ordinance #462 Bob Randolph, Mayor BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER Y 6 2 AN ORDINANCE: RELA'T'ING TO PART 17, UTILITIES CREATING CHAPTER 4, MANDATORY UTILITY CONNECTION IN THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, TO PROVIDE FOR ' MANDATORY CONNECTION TO CITY UTILITIES, AND PROVIDING RESPONSIBILITY FOR PAYMENT FOR ' CONNECTION TO CITY SEWER, WATER AND GAS ' UTILITIES CONSTRUCTED IN WHOLE OR IN PART BY CDBG- ECONOMIC DEVELOPMENT FUNDS AND REQUIRING t EMPLOYMENT AND BENEFICIARY INFORMATION TO BE FURNISHED ON A QUARTERLY BASIS FOR THREE (3) YEARS AFTER PROJECT CLOSE -OUT AND DECLARING AN ' EFFECTIVE DATE Bob Randolph, Mayor BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO WIT: Section 1: This ordinance shall be codified in the Code of Ordinances of the City of Owasso, Oklahoma, at Part 17, Utilities, Chapter 4, Mandatory Utility Connection. Section 2: Mandatory Connection Required to City Utilities: All facilities requiring service by city utilities, ' constructed within the City of Owasso with funds furnished in whole or in part by the Oklahoma Department of Commerce Economic Development CDBG Financing Program shall connect to the city sewer, ' water and gas utility systems. (a) All developers, except low and moderate income developers, of commercial and manufacturing properties that connect to infrastructure improvements financed in whole or in part by the Oklahoma Department of Commerce ' Economic Development CDBG Financing Program shall pay for their own utilities, yard lines, hook -ups and other expenses in connecting to the city's utility systems in ' the area served by said improvements. (b) Should an entity or person (household) that is connecting to the city's utility system that has been constructed from funds provided by the CDBG Economic ' Development Program be determined as an entity or person (household) that is defined as a low income household (under the guidelines of the U.S. Department of Housing ' and Urban Development LMI income definition) such connection shall be paid for by the City. (c) Each entity connecting to the city's utility services that have been constructed in whole or in part from funds provided by the CDBG Economic Development ' Financing Program shall provide employment and beneficiary information as requested by proper governmental agencies on a quarterly basis for a minimum period of three (3) years after final total close -out to ' the applicable project. Section 3: This ordinance shall, upon passage, become effective thirty (30) days from the date of first publication as ' provided by state law. PASSED AND APPROVED this day of , ' 1993. THE CITY OF OWASSO, OKLAHOMA Bob Randolph, Mayor NIMoxnivnuM TO: THE HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: STEVE COMPTON lVIIKE KNEBEL BRET HUNT SUBJECT: WATER HEATER INSTALLATION AT CITY POOL IDATE: May 27, 1993 IBACKGROUND: In February the staff presented to the City Manager and Council an outline of the work that ' needed to be accomplished to satisfactorily operate the pool over the next few years. Test were conducted, outside expert opinions were sought, and it was determined that the filtering system ' and hot water heating system needed to repaired or replaced. The staff identified that it was highly questionable if the filtering system would continue to properly function through this current swimming season. It was also determined that the pool had been functioning for the last ' seven to ten years without hot water. This has been noted by the Health Department as being inappropriate and repair has been made a condition of continued pool operation. ' At the April 20th City Council meeting the staff brought to you a proposal to repair the water filter circulation system at the city pool. That project has been completed and the system appears to be working as anticipated. We will keep you updated on this part of the overall pool ' mechanical systems renovation project. During that same meeting, it was also noted that the staff would, at a later date, be presenting a proposal to the Council for replacing the hot water system. In May, plumbing contractors were contracted for proposals to install a hot water system which would provide hot water for cleaning and warm water to the showers and sinks inside the pool ' facility. The project was to consists of; (1) a natural gas water heater with a minimum capacity of 75 gallons and a recovery rate better than 70 gallons per hour, (2) a master tempering valve, (3) copper lines to the mechanical room, and (4) all associated labor and materials. This request ' resulted in the submission of three proposals. These proposals are as follows; Mullin Plumbing, Inc. - Broken Arrow $2606.50 ' Hale Plumbing, Inc. - Tulsa $3290.00 Aachen Plumbing and Heating - Owasso $3601.56 The staff has reviewed each proposals and finds that they are in order and that each of the firms has the ability to complete the project in a satisfactory manner. 9 Ki i I The staff recommends Council approval of the expenditure of $2606.50 to Mullin Plumbing for the purchase and installation of a water heater and plumbing necessary to operate the pool according to Health Department rules. ' NOTE: In the process of determining what was required for completing the hot water heating system it was discovered that the exterior gas service line to the building was totally deteriorated and would need to be replace from the building to the meter (approximately 70'). This will be ' a later expense; however, since the water heater and plumbing cost proposals are less than estimated their will be sufficient monies remaining to install a new service line. ATTACHMENTS: ' (1) Proposal from Mullin Plumbing, Inc. (2) Proposal from Hale Plumbing, Inc. (3) Proposal from Aachen 11 1 2a 7 So . I ?proposal Mullin Plumbing Inc. 118 S. Elm PI. Broken Arrow, Okla 74012 (818) 2584636 ?/-/O S S G4,�c — 2 7 2 — yf 99 We hereby subrnh sWfficatona and estitmtes or: 7 L<.t Signature ' 4&1 .Signature . We hereby subrnh sWfficatona and estitmtes or: 7 L<.t Signature ' 4&1 .Signature FROM 1 +318 +627 8285 HALE PLUMBING MAY.21.33 2:44 PM P.001 HAL PLUMBING, INC. 381S SOUTH 74TH EAST AV& • TULSA. OKLAHOMA — 7414b • AREA CODE 918 627.$282 1 S FAX # 918 -627 -8285 FAX MESSAGE Total Pages: 1 To: City of Owasso Date: May 21, 1993 From: Virgil Lang $3,290.00 ' (THREE THOUSIMD TWO HUNDRED NINETY AND 00/100) 1 PLEASE GAL;, (918) 627 -8282 IF YOU DO NOT RECEIVE ALL PAGES OR IF YGL' FAV7- A- .Y n17ESTIONTS . Attn: Don Boatman Ref. Municipal Pool 1 - FSG -75 75 gallon gas water heater with flue and t &p valve. i 1 - S Y� ons 5 -500A Tempering P g valve. 1 Install - piping to connect tempered water to showers and lavatories. I ' 1 - Repair leak on piping on south bathroom. $3,290.00 ' (THREE THOUSIMD TWO HUNDRED NINETY AND 00/100) 1 PLEASE GAL;, (918) 627 -8282 IF YOU DO NOT RECEIVE ALL PAGES OR IF YGL' FAV7- A- .Y n17ESTIONTS . AACHEN Plumbing Heating Air Conditioning P.O. Box 81 OWASSO, OKLAHOMA 74055 (918) 272 -0214 TO City Of Owasso 207 So. Cedar Owasso, Oklahoma I 74055 1 1 Page No. of Pages. 11U) Iu PHONE DATE 272 -2251 5/21/93 JOB NAME f LOCATION Swimming Fool 402 No. Forest Drive Owasso, Oklahoma 74055 JOB NUMBER We hereby submit specifications and estimates for: Install new hot water system. To supply warm water to the shower heads IIin the pool dressing roam. 1 G 76 -75 Natural Gas Water Heater 1 Master T empor ing Valve I1 T & P Valve Air Hammers 1.25 Hard Copper 1. 00 Hard Copper .75 Hard Copper .50 Hard Copper 1.25 Ball Valve 1.00 Ball Valve 9 Shower Heads 1 Frain l=ap 1 Storm Collar 4 Vent Pipe All Miss=. Farts To Connect All Necessary Farts and Fittings TOTAL MATERIAL $ 2,801.56 LABOR $ 800.00 JOB TOTAL $ 3,601.56 liiVle PropOSC hereby :o furnish material and labor — complete in accordance with the above specifications, for the sum of= i Three Thousand Six Hundred One and 56/100 Dollars dduarsr$ 3601.56 Payment to be made as follows: IN FULL ON I_OMPLETION All material �s guaranteed to be as sreCffeo. Ail work :o De completed in a professional manner according :o standard oractices. Any alteration or ce.iatien from above soecrfica- Authorized tions involving extra costs will oe executea only upon wrrtte- orders, and will Decome an Signature extra charge over and above the estimate. All agreements :or— upon strikes. accidents or delays Deyona our control. Owner to carry !ire. tornaco a:-c other necessary Insurance. Note: This proposal may be Our 'workers are fully covered by Wor :teas Compensation :nsura.- =e. - wnhdrawn by us :f not accepted within Acceptance of Proposal — The abc.e prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Signature 1 Date of Acceptance: 3 t-i MEMORANDUM THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY CITY PLANNER REZONING CASE OZ -93 May 27, 1993 ' The Owasso Planning Commission held a public hearing on May 24, 1993 on rezoning case OZ- 93. The applicants are requesting a rezoning of property from AG (Agriculture General) to CG (Commercial General) for property containing approximately 1 acre in an area located on E. 76th Street North, east of Highway 169, between Perry's Restaurant and Owasso Veterinary Hospital. ' It appears the sewer questions regarding any development on this site have been answered. The owners have obtained a private easement across the La Petite Nursery site, similar to that which ' was obtained by Perry's Restaurant. With this easement, they will be able to lay a private service line and connect with the sewer main located in the rear of the La Petite site. ' The zoning requested by the applicants is consistent with surrounding zoning (CH, CS, IL); and staff has no objections to the rezoning request. The Planning Commission unanimously recommended approval of this request. ' RECON OYNDATION• ' Based upon the staff s review and the Planning Commission's recommendation, I recommend City Council adoption of Ordinance No. 461, which approves the rezoning request from AG to CG. ' ATTACHMENTS: 1. Ordinance No. 461 2. OZ -93 Staff Report. TO: FROM: 1 SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY CITY PLANNER REZONING CASE OZ -93 May 27, 1993 ' The Owasso Planning Commission held a public hearing on May 24, 1993 on rezoning case OZ- 93. The applicants are requesting a rezoning of property from AG (Agriculture General) to CG (Commercial General) for property containing approximately 1 acre in an area located on E. 76th Street North, east of Highway 169, between Perry's Restaurant and Owasso Veterinary Hospital. ' It appears the sewer questions regarding any development on this site have been answered. The owners have obtained a private easement across the La Petite Nursery site, similar to that which ' was obtained by Perry's Restaurant. With this easement, they will be able to lay a private service line and connect with the sewer main located in the rear of the La Petite site. ' The zoning requested by the applicants is consistent with surrounding zoning (CH, CS, IL); and staff has no objections to the rezoning request. The Planning Commission unanimously recommended approval of this request. ' RECON OYNDATION• ' Based upon the staff s review and the Planning Commission's recommendation, I recommend City Council adoption of Ordinance No. 461, which approves the rezoning request from AG to CG. ' ATTACHMENTS: 1. Ordinance No. 461 2. OZ -93 Staff Report. I I CITY OF OWASSO ORDINANCE NO. 461 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -93 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG, AGRICULTURE GENERAL DISTRICT TO CG, COMMERCIAL GENERAL DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested rezoning of application OZ -93. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. wit: I I I I I I III 11 Section 1. That the zoning classification of the following described property, to Beginning at a Point 203.2 Feet East of the Northwest corner of the NE/4 NW /4 NW /4, thence 105.8 feet East to a Point, thence 399.1 Feet South to a Point, thence 105.8 Feet West to a Point, thence 399.1 Feet North to a Point of Beginning, Section 32, Township 21 North, Range 14 East, Tulsa County, Oklahoma. be, and the same is hereby rezoned from a AG (Agriculture General) District to CG (Commercial General) District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1st day of June, 1993. ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney Bob Randolph, Mayor IBACKGROUND CITY OF OWASSO Planning Department OZ -93 Staff Report Timothy D. Rooney - City Planner APPLICANT AND STATUS OF APPLICANT: Mr. and Mrs. Mac Borgna and Mr. and Mrs. DM Sokolosky, owners. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from AG (Agriculture General District) to CG (Commercial General District) to allow for the development of an automobile wash. ' LOCATION AND SIZE: The property is generally located on E. 76th Street North, between Perry's Restaurant and Owasso Veterinary Hospital and contains approximately 1 ' acre of area, more or less. The legal description is attached for your review. EXISTING LAND USE: Subject property is undeveloped. ' SURROUNDING LAND USE: Property immediately east of the subject site is zoned CH and contains Perry's Restaurant, while property abutting the site on the west contains Owasso Veterinary Hospital and is zoned IL. Property to the north of the subject site, across 76th Street, is zoned CS and contains La Petite Nursery, Braum's, and Quik Trip Convenience Store. Property to the south of the subject site is not within the City limits of Owasso, is undeveloped, and zoned IL. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the subject site as being suitable for "Public and Quasi- Public" land uses. However it should be noted that development in this area since 1978 (when the Comprehensive Plan was completed) has been ' of a rapid pace and ideas for this land from 1978 (and later in 1985 when it was updated) may not be consistent with the development that has occurred. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", and Chapter 6 "Commercial District Provisions." Page 1 of 2 OZ -93 Staff Report Li SITE INFORMATION: * Both sewer and water are available to the subject site but will require service extensions as sewer is located on the north side of 76th Street North behind La Petite. Perry's Restaurant is served by a private line with a private lift station. Development ' on this site will be required to develop a similar form of service as City Ordinance prohibits two separate uses on one private line. ly * The property slopes gently away from E. 76th Street North to the rear of the property and on site drainage will need to be addressed in order to prevent flooding of the downstream property. ANALYSIS The proposed rezoning, if approved, would create a 1 acre area of a CG (Commercial General) Zoning District permitting all uses cited within the CG portion of Commercial General District Provisions by right, of which an automobile wash would be included. As stated previously, the Owasso Land Use Plan calls for portions of the subject site to be appropriate for Public and Quasi- Public Uses. Staff feels the likelihood of this site ever being developed in that manner is small, and probably undesirable as well. The applicant is, however, requesting a CG zoning which would be compatible with its surrounding zoning (IL and CH on either side, as well as IL abutting the property to the south). It is important to remember that this property is currently zoned AG because City Ordinance requires all annexed property to be zoned AG until appropriate zoning is established, if necessary. Staff has received a tentative site plan from the applicant, a copy of which is included within this staff report. Note that you are not zoning a use or a site plan, and the site plan submitted should not be considered by the Planning Commission as final. The applicant is showing one access drive on the E. 76th Street property frontage, and staff would concur that this should not be increased to two drives. The proposed auto wash is located in the best manner for optimum use of the lot. Staff would, however, like to see landscaping incorporated into the site plan at the time of review by the Planning Commission. Increased traffic in the area is likely due to this use. It is important to point out that this should be alleviated upon the expansion of 76th Street and improvements to the interchange of 76th Street and Highway 169. This applicant should not be held responsible for an existing poor condition. Staff feels the proposed rezoning and use of this property is consistent with what is found in the area. REC0NIMENMATION Staff would recommend approval of the rezoning of the subject site from AG to CG. Page 2 of 2 OZ -93 Staff Report 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso NOTICE TO PROPERTY OWNER OZ -93 OWASSO, OKLAHOMA 74055 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 20th day of May, 1993. At that time and place, the Owasso Planning ' Commission will consider a request from Mr. and Mrs. Mac Borgna and Mr. and Mrs. DM Sokolosky, owners and applicants, for a proposed change of the zoning classification from an AG (Agricultural General) District to an CG (Commercial General) District, which would allow for the development of Commercial Land Uses. The subject property is described as follows: W Beginning at a Point 203.2 feet East of the Northwest corner of the NE /4 NW /4 NW /4, thence 105.8 feet East to a Point, thence 399.1 feet South to a Point, thence 105.8 feet West �,. to a Point, thence 399.1 feet North to a Point of Beginning, Section 32, Township 21 North, Range 14 East, Tulsa County, Oklahoma; containing approximately 1 acre, more or less. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso City Planner, 207 S. Cedar Street. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. !� Information and maps showing the property location may be inspected in the office of the City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is your only personal notification of this request. ' Dated at Owasso, Oklahoma, this 19th day of April, 1993. Sincerely, VvYb Timothy D. R o ey City Planner AIMoxaxnuM TO: FROM: SUBJECT: DATE: BACKGROUND: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY, CITY PLANNER DOUBLE OAKS III - FINAL PLAT May 27, 1993 The preliminary plat for Double Oaks III was reviewed by the Technical Advisory Committee at the March 31, 1993 meeting and approved by the Owasso Planning Commission at the April 15, 1993 meeting. ' The final plat for the above referenced addition was reviewed by the Technical Advisory Committee at their May 5, 1993 meeting with one minor correction being required for acceptance of the plat. The final plat within your packet contains this correction. The staff is in the final review stages for the water lines, sanitary sewer, storm water drainage, grading plans, and street plans. It is anticipated that staff will make its final review of the construction plans in the near future. Upon staff's review, the applicant will be required to obtain the Oklahoma State Department of Health's approval immediately thereafter. ' The Owasso Planning Commission reviewed the Double Oaks III final plat at its May 20, 1993 meeting and unanimously recommended approval. RECOMMENDATION: The final plat for Double Oaks III complies with the Owasso Subdivision Regulations and the Technical Advisory Committee recommendations; therefore, the staff recommends approval of the Double Oaks III final plat. ' ENCLOSURE: ' 1. Double Oaks III final plat. 2. Double Oaks III covenants. n 1 XIMoRuvnuM TO: FROM: SUBJECT: DATE: BACKGROUND: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY, CITY PLANNER WINDSOR LAKE H - FINAL PLAT RESUBMITTAL May 27, 1993 Previously, a final plat for Windsor Lake II was approved by the Owasso Planning Commission at its October 15, 199 meeting and by the Owasso City Council at its February 16, 1993 meeting. Even though it had been given final approval, the subdivider has not filed this plat with Tulsa County. During the construction process of Windsor Lake II, it was determined that one street intersection within the subdivision would encounter difficulties in completion (E. 92nd St. N. & N. 132nd East Avenue). In order to avoid holding up the obtaining of residential building permits for the remainder of the subdivision and in order to avoid a "rush" completion of this intersection and a possible substandard street, staff recommended that the developer take the intersection and the four (4) residential lots affected off the Windsor II final plat and resubmit the plat to the Planning Commission and the City Council. Again, because the "original" final plat was never filed, this submittal would be considered as the final plat for Windsor Lake II. The four lots would then be added to the Windsor Lake III preliminary plat at the time of review by the Technical Advisory Committee and the Owasso Planning Commission. ' This idea was presented to the Owasso Technical Advisory Committee at its May 5, 1993 meeting. No objections to the proposal were voiced, rather only the requirement that any utilities already located in the easements of those four lots be addressed by the easements still ' being shown on the Windsor Lake II plat by separate instrument. The enclosed plat accomplishes this requirement. Indications are that there are no problems with the remainder of the Windsor Lake II infrastructure, and that this will be a quality residential development in Owasso. The ' preliminary plat for Windsor Lake III, containing the four lots from the previous Windsor Lake II plat, will be submitted to the Technical Advisory Committee and the Owasso Planning Commission in June. ' If the Owasso City Council approves this resubmittal, it would make the previous submittal null and void. The Owasso Planning Commission reviewed this request at its May 20, 1993 meeting and unanimously recommended approval of the resubmitted Windsor Lake II plat. IRECOMMENDATION: The final plat for Windsor Lake II complies with the Owasso Subdivision Regulations and the Technical Advisory Committee recommendations; therefore, the staff recommends approval of the Windsor Lake II final plat. ENCLOSURE: 1. Windsor Lake II final plat. • 2. Windsor lake II covenants. II NUEA10RANDLTM TO: HONORABLE MAYOR AND CITY COUNCIL OWASSO, OKLAHOMA FROM: ROHN MUNN, ENGINEERING TECHNICIAN SUBJECT: ACCEPTANCE OF WATER LINES, SANITARY SEWER LINES, STREETS AND STORM SEWER SYSTEM FROM TRAIL'S END DEVELOPMENT, INC. FOR WINDSOR LAKE II DATE: May 27,1993 1 I I I I ; I is 1 BACKGROUND: Trail's End Development,Inc. is requesting the water lines, sanitary sewer lines, street and storm sewer system for Windsor Lake II be accepted by the City of Owasso. The Oklahoma State Department of Health approved the construction plans for Windsor Lake Addition and Windsor Lake II on August 22, 1992. The Oklahoma State Department of Health issued two permits, one for the water lines (Permit No. WL -92 -224), the other for the sanitary sewer lines (Permit No. SL -92 -152), for construction. The water lines were inspected by staff during the construction, and staff conducted the appropriate testing. The construction of the sanitary sewer was inspected by the staff along with monitoring the contractor pulling the mandrel through all sanitary lines for alignment. The construction of the lines, materials used and testing has met and /or exceeded the design standards of the City of Owasso. The streets and storm sewer system for the above mentioned addition are in the ground and all current conflicts or concerns have been addressed and are being repaired as of this date. The inspection of the material and methods used are in accordance with the City's standards and are acceptable. RECOMMENDATION• The staff recommends Council acceptance of sanitary sewer lines, the streets and storm improvements as constructed. the water lines, sewer system F1 MEMoxaxnuM TO: FROM: SUBJECT: IDATE: BACKGROUND: THE HONORABLE AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST FOR AUTHORIZATION FOR CITY ATTORNEY TO FILE DISCLAIldER OF INTEREST May 28, 1993 The City has been served as a co- defendant in a legal action wherein the United States of America is seeking foreclosure on property owned by Thomas W Cummings and others. The City and utility providers are routinely included as defendants because of the possibility that ' there may be either special assessments against the property by the City, or easements granted to utility providers. Additionally, the County government is generally named for the same reasons. The staff has reviewed the property files for any City special assessments and, finding none, referred this matter to the City Attorney for his review and recommendation. The City Attorney has recommended that a simple "disclaimer of interest" be filed with the United States District Court, thereby removing us from further direct involvement in the matter. The disclaimer is a document that simply states that the City has no claim against the property and no interest in ' the property in any form. Such filing effectively removes the City from the legal action and allows the matter to continue without further involvement from the City. ' RECOMMENDATION: The staff recommends that the City Council authorize the City Attorney to file a Disclaimer of Interest in the Matter of USA vs Thomas W Cummings, et al; Case Number 93- C -390E in the United States District Court for the Norther District of Oklahoma. ATTACHMENTS: ' 1. Letter from City Attorney i 1 RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 918 -582 -7447 FAX 918 -582 -0166 May 6, 1993 Mr. Rodney Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 In Re: The United States of America v. Thomas W. Cummings, 1 The City of Owasso, et al, Case Number 93 -C -390 E Dear Mr. Ray: Pursuant to your request I have had an opportunity to review the Notice and Acknowledgment of Receipt of Summons and Complaint by Mail, Summons in a Civil Action and Complaint filed in the United States District Court for the Northern District of Oklahoma, naming therein among others, the City of Owasso, Oklahoma, as a Defendant. By way of background, I have previously had occasion ' to be involved in actions of this nature in the City of Sand Springs, Oklahoma. What is taking place is the United States of America on behalf of the Department of Housing and Urban Development is foreclosing on HUD secured residential real estate ' mortgages. In each action the United States is naming the City wherein the real estate is located for purposes of foreclosing out any special assessments that might attach to the property. Insofar ' as ad valorem assessments are concerned, those are taken care of through the County Treasurer of Tulsa County, Oklahoma, on the tax rolls and retain priority treatment. Normally there are no special ' municipal assessments against such property and as a consequence thereof, the only concern a municipality has is retention of it's rights under platted easements. I have had occasion to discuss actions of this nature with Mikel K. Anderson, Special Assistant U.S. Attorney, U.S. Department of Housing and Urban Development. As I have been previously advised by other assistants numerous actions of this nature are going to take place. Accordingly, it is to our advantage to limit our participation in these actions as much as possible. Mr. Anderson has indicated that the approach taken to the lawsuits presently is in alphabetical order. However, he is certainly receptive to lessening the burden on the municipality. Accordingly, he is going to discuss with the Department the possibility of groupin(j of actions in the municipality to facilitate our disposition of the proceedings. I anticipate hearing from him in this regard in the very near future. In the meantime, however, the process that I have recommended is the fullowilig, to -wit: 1 ' Mr. Rodney Ray May 6, 1993 Page 2 1 1) The City Clerk ascertain whether or not there exists any special assessments against the subject matter realty; 2) If no special assessments attach to the realty, then the matter be placed on the agenda for the City Council to authorize me to either disclaim any interest or alternatively insofar as platted property is concerned, sign off on a Decree of Foreclosure reserving our rights in any platted easement. Understandably, even if it regards unplatted property, if the Complaint evidences the existence of easements by separate instrument, we would likewise .like to protect such interest. In order to protect the municipality from the possible incurrance of service costs, I have executed the Acknowledgment of Receipt of Summons and Complaint in my capacity as City Attorney. This only evidences that the City of Owasso, Oklahoma, has received the Complaint and eliminates the necessity for service by the United States Marshall on the City with the costs thereof being ultimately i o ed upon the City. After you have had an opportunity to re v'ew his matter, please contact me. erely, V Ronald D. Cates City Attorney RDC /nhc