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S.C.C. 4/20/98 Page 1
IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW,
THE AGENDA WAS POSTED APRIL 16, 1998
IN THE MUNICIPAL BUILDING AT 723 S. LEWIS
STILLWATER CITY COMMISSION
REGULAR MEETING
STILLWATER, OKLAHOMA
APRIL 20, 1998
PRESENT: MAYOR MIKE HENSON, VICE MAYOR DAVE HESSEL, COMMISSIONERS RAY SCARBROUGH, KAREN KAY
MULLENDORE, BUD LACY
1. MAYOR HENSON called the Regular meeting of the City Commission to order at 7:30 p.m. The Commissioners stood for
the Pledge of Allegiance.
3. PROCLAMATIONS AND PRESENTATIONS
Sister City Council Chair, Russell Conway and Mayor Henson presented Proclamations and gifts to foreign exchange students,
and recognized their host families in the Stillwater community.
4. APPROVAL OF MINUTES
MOTION BY KAREN KAY MULLENDORE, SECOND BY RAY SCARBROUGH TO APPROVE THE AMENDED MINUTES OF THE
REGULAR MEETING OF MARCH 16, 1998 AS CORRECTED.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
MOTION BY KAREN KAY MULLENDORE, SECOND BY RAY SCARBROUGH TO APPROVE THE REGULAR MEETING OF APRIL 13,
1998 AS WRITTEN.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, BUD LACY - YES. KAREN KAY MULLENDORE -
ABSTAINED. MOTION CARRIED WITH FOUR VOTES YES.
5. CONSENT DOCKET
a. Claims in the amount of $40,681.21, and Special Claims totaling $45,473.03 were presented for approval.
b. Presented for acceptance were the April Sales Tax report, with actual sales tax revenues as higher than last y-t-d by
5.38%, and higher than budgeted revenues by 1.75%. March’s Use Tax report reflected earnings of $15,835.51.
c. A General Easement granted by Hollie L. Chappel was presented for acceptance in the NW/4, Sec. 30, T19N, R2E, I.M.,
Payne County, OK.
d. The Public Works Dir. requested approval of change order #3 to relocate controls for a submersible transfer pump at a
cost of $850. CC-98-88
e. A status report on Fund 21, Stormwater projects, was presented for approval. CC-98-89
f. A status report on Fund 35, (street and traffic) Transportation projects, was presented for approval. CC-98-90
g. Fleet Supt. John Maehs requested approval to extend the current contract with Griffith Petroleum and Go! Systems for
another year with no change in price or services. CC-98-91
h. Acknowledgment and commendation of Tom Carter, City Drainage Engineer was given for attaining designation of
S.C.C. 4/20/98 Page 2
Certified Floodplain Manager.
City Manager CARL WEINAUG and COMMISSIONER MULLENDORE congratulated Mr. Carter on being one of the first to be
certified as a Floodplain Manager in the state. Mr. Carter was called to the podium and spoke of the purpose of the
program, how it will assist him in his job to commit industries on a yearly basis to assist in the programs to prevent flooding,
and of their program to remove non-compliant structures from the floodplain.
MOTION BY RAY SCARBROUGH, SECOND BY KAREN KAY MULLENDORE TO APPROVE THE CONSENT DOCKET, INCLUDING
SPECIAL CLAIMS.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
6. PUBLIC APPEARANCES, PETITIONS, COMMUNICATIONS
a. Miscellaneous items from the audience. No items presented.
S.C.C. 4/20/98 Page 3
7. PUBLIC HEARINGS
a. Continued consideration of extension of the Stillwater municipal limits by the proposed annexation of an area located
north and south of Lakeview and west of Jardot situated in Payne County, OK. CC-98-92
City Manager CARL WEINAUG provided a brief summary of the City’s current policy for providing services within the city,
which is the basis for services to newly annexed areas. He urged the Commission to address any of those policies now
if there were changes they would like to make, and secondly, if annexation requires any change in the application of those
policies. It would appropriate to discuss those now if the Commission had any desire for changes to be made. If not, the
following would provide a basis for our plan to provide services to any of the areas proposed to be annexed now and in the
future:
(1) Sanitary Sewer - the property owner is not required to build a sewer, or to hook on to an available sewer until such time
as the owner requests, and is willing to pay for the service;
(2) Water Service - the owner is not required to build a water line, or to hook on to an available water line until such time as
the owner requests, and is willing to pay for the service;
(3) Streets - City will provide limited maintenance of non-improved streets and drainage, but not the whistles under
driveways, at no cost to the property owner. If 51% of the property owners ask for pavement, most of the costs will be
assessed to the property owners. If a new development is put in, the owner will have to pay the costs of the new street, or
the city may pay for the street if it is a major arterial street and part of our transportation plan;
(4) Sidewalks - usually paid for by the owner when the property is developed;
(5) Electric Service - undeveloped land inside the city limits has the choice between Stillwater electric and CREC, if CREC has
nearby facilities. Those within city limits do not have a choice;
(6) Garbage Service - Residential and Commercial units must pay a minimum bill per month even though they may not put
out any trash. If the property is vacant, the owner would not be required to pay a bill;
(7) Code and Ordinances - apply to all people within city limits within resources available to the city;
(8) Police Protection - Provided at no fee to all residents within city limits;
(9) Fire Protection - Provided at no fee to all residents within city limits (those outside city limits must pay a fee).
In response to a recent question as to why communities consider annexing adjacent property, MR. WEINAUG explained (10 it
protects the city as a corporate being and city residents next to the limits from incompatible uses; (2) it enables the city to
plan for growth (e.g. - water & electric distribution systems are sized to meet the anticipated level of development to occur
within an area; (3) it reduces the number of streets built with inadequate depths of asphalt that fail and must then be
maintained by city taxpayers as a considerable cost once they are annexed; (4) areas developed with rural water may not
have adequate pressure; (5) to have some control over the appearance of the roadways entering our community. This is
important to economic development in attracting businesses; (6) it provides revenues to the city to provide the services that
all the people inside, and some outside benefit from.
COMMISSIONER LACY sought clarification of the fees to property owners who wants water and wastewater services. MR.
WEINAUG explained the fee charged per area for a development; if you were putting in just a house, the policy has been to
extend the line across the full length of the property, and the property owner pays for that and then hooks on. Regarding
wastewater, there is a fee charged - in most cases an acreage fee if you are creating a development. If the cost to put in the
sewer lines within a development exceed the amount of our fee, then you don’t pay a fee because they essentially paid for
all the interior. LACY asked, for those who have a residence currently on a property and there is a sewer line 1-2 miles away
and that person would like to connect to that service, they will have to pay to extend that water or wastewater line over to
their property? Water Utilities Dir. WYATT IRVING said that is correct under existing ordinances and policies. The city
evaluates each of those requests to see if there is a public benefit for the city to participate in. If not, it is the responsibility
of the property owner.
DON FULTZ presented a copy of state statutes to the City Attorney. In response MARY ANN KARNS, read the state’s
requirements and advised we have complied with this section of the statutes. She explained the city has prepared a plan to
extend municipal services appropriate to the territory, with provision to complete implementation of the plan within a
reasonable time to be determined at the hearing, and to be set forth in the ordinance annexing the territory. All of the
services will be available to the proposed annexation area just as they are available in other undeveloped or lightly
developed parts of the city.
S.C.C. 4/20/98 Page 4
MR. WEINAUG asked if the Commission was of the opinion we should do something different than has been outlined. Some
property owners within this area have expectations that services would be provided, possibly at no charge.
Members of the audience spoke with regard to the annexation:
VARNETT SCARBOROUGH, 1724 N. Jardot, said the Commission had annexed this land last November but did not know about
it until this April. We should have been notified last November. MS. KARNS apologized, explaining the information used was
written prior to 1990, when requirements were changed. Asst. City Attorney CLIFF SHILLING also apologized, explaining it
was his error of bringing the annexation request to the Commission late last year was based upon the old case law which
stated no notice to or consent of owner of land is necessary to add it to city when three sides of land are adjacent to or
abutting property already within the city. After receiving a phone call questioning this, he researched it again, and
discovered the regulations had changed. He said that’s why it is being presented now. No intent was made to create a
conspiracy or to bring the property owners into city limits without their knowledge.
MS. KARNS said we have learned a great deal from this experience and will be putting together a pamphlet with detailed
information to make it easier for people to understand so that when we notify people of a proposed annexation notice, the
answers will be available for frequently asked questions.
DON FULTZ, Rt. 1, Box 84, Glencoe, questioned Ms. Karns on what would be provided with this annexation. MS. KARNS said
the city would participate in the costs and make it available on the same basis it is made available to anyone else within city
limits. MR. FULTZ expressed his displeasure with being annexed against his will, and said if the Commission continued to
increase doing what they’re doing, how do they expect to stay in office? Also, in looking at what his properties will be zoned,
he found the map did not reflect CG3, IG, RM3, and AG zoning he had requested.
MAYOR HENSON said we would not want CG3 zoning because it would be detrimental to the neighborhood. Discussion
ensued about the desirability of swine farms or chicken coops. COMMISSIONER LACY said whatever zoning is placed on here
does not preclude the property owner from requesting a different zoning when he was sure of what he wanted to do. MR.
SCARBOROUGH recalled an earlier meeting in which he was told he could have anything he wanted under AG. Community
Develop. Dir. JOHN WESLEY advised during the meeting a week ago they had discussed animals, but had not thought about
the separate ordinance regarding swine, so that was why it had not been mentioned. That was the only one he could recall
as specifically prohibited. MS. KARNS advised under the ordinance pig farming (even a singular pig), or exotic animals would
not be allowed within city limits no matter what zoning was requested.
In response to the Mayor’s request to address the limitations of CG zoning, MR. WESLEY said the Comprehensive Plan does
show the possibility of office use along the intersection of Lakeview/Grandview, and potential multi-family behind that,
retail commercial at the corner of Lakeview and Jardot, with possible multi-family behind that. The rest is designated as low
density residential. The requests made by these property owners were at the high end of each of the types of districts and
allows the broadest range of uses so from the property owner’s perspective, that provides him the broadest latitude of what
he can do with the property, which is the closest he has now being out in the county with no zoning. After Mr. Wesley’s
review, the property owner was advised he could not get all of those uses on the whole property - that was why he put them
in priority with CG at the top. Based on the Comprehensive Plan and the way we have typically applied those districts, Mr.
Wesley did not feel the requested districts were appropriate. The Agricultural was most appropriate unless there is a reason
to do otherwise. If the Commission was concerned about the firearms issue, the RS3 zoning would also be appropriate.
MR. WESLEY would recommend IL zoning for Richard DeVries’ property given the existing industrial type use; the RT provides
a buffer from the single family behind it, and the industrial property has 120 ft. depth, standard single family lot size so he
could see a street in the future along the west side with lots that would front on to it; and Agricultural district for the
remainder. The only other persons who had requested something different were the McCubbin-Nugent property, and Mr.
Fultz’s properties. Again, their same request was for CG, IG, RM3 - and given the residential area that abuts this land to the
west, again, staff did not believe those districts were appropriate. The Agricultural or RS3 zoning would be most appropriate
- beyond that it would be wise to provide a specific development plan to go through the regular rezoning process.
DR. RICHARD DEVRIES, 1713 S. Chickasha Circle, Edmond, spoke in favor of the annexation of the property if his various lots
in sequence could be granted IL, RT, and RS3 zoning he desired. He also had just discovered this property had been paid
through an assessment in Sewer District #83, (Brush Creek trunk line)in 1980. He felt some help was warranted from the city,
since they had already paid this assessment. Water Utilities Dir. WYATT IRVING advised he knew of a document on file in the
S.C.C. 4/20/98 Page 5
Engineer’s office showing the proposed assessment for proposed properties within the annexed area, along Jardot extending
from Lakeview, but it did not reflect whether payment had been collected and filed. He was in the process of researching
payments made although it did appear to be 95% certain. The assessment even as it is applied only allows for the connection
to the system, it does not allow free extension of the sewer line to this location. After verifying the assessment has been
paid, the property owner will no longer be obligated to pay that fee. However they will be responsible for the cost of
extending the line to their location of $.03/sq.ft. connection.
COMMISSIONER MULLENDORE refuted some of Mr. Weinaug’s reasons for annexing of (1) it protects the city as a corporate
being and city residents next to the limits from incompatible uses. (She said once you annex, yes, but you just move that
problem to the other side of that annexation line. You’ve still got the same problem if someone comes in on the other side
of that line and puts in a swine farm).... and on it goes. If you want to protect your property you have to be able to buy
enough property to protect yourself. The City is the same way, if you’re going to annex to protect, you’ll have to annex
everything that is “annex-able.” (2) it enables the city to plan for growth; (She said it looks like a lot of planning has been
done since community Development has all sorts of configurations in that area). (3) it reduces the number of streets built
with inadequate depths of asphalt that fail and must then be maintained by city taxpayers as a considerable cost once they
are annexed; (She said that’s not a big factor here because the streets are going to come in as is). (4) areas developed with
rural water may not have adequate pressure; (She agreed). (5) To have some control over the appearance of the roadways
entering our community. (She said that was in the forefront with people who were working on the Comprehensive Plan that
entryways into the community were not very attractive and needed to be worked on - and they were already in city limits so
it didn’t seem to have a big impact there).
(6) it provides revenues to provide the services all the people inside and some outside benefit from. (She said a little
revenue comes from the Ad Valorem taxes, but more from electric. Three structures are currently capable of producing
revenue - that’s not a lot of revenue from electric at this point). COMMISSIONER MULLENDORE said her final point is that
you have people who do not want to be annexed. She saw no reason to bring people, kicking and screaming, into the city
limits. She would be voting against this.
COMMISSIONER LACY pointed out the electric issue is a big driving force here. He quoted statements from the MESO
publication. “From your city you should consider annexing areas you wish to serve or are serving. The legislature has made
this clear numerous times - when we bring up our problems with services beyond corporate boundaries, we are regularly
told to “annex it.” In many legislative minds, this is the way we have to take care of our service problems. Therefore it
makes sense to heed the advice of legislatures and begin planning for those areas to which you are likely to provide service,
and begin annex processes.” He concluded, we have already started, not just with this piece of property, but by hiring
someone to come and take a look at the whole annexation issue. He believed we need to be aggressive on this and annex as
much property as we can with the bigger interest of the city as a whole. It’s not just this property, we’re going to have to
continue extending our boundaries in order to protect our electric revenues. We try to do all we can to accommodate the
interest of those property owners - but we must try to balance those with the bigger interests of the city of Stillwater.
COMMISSIONER MULLENDORE stated she agreed to a certain extent but if we’re going to annex just for the sake of selling
electricity, then let’s annex everything that is annex-able. If you do that, deregulation becomes a fact, what will you do when
they want another electric supplier? LACY agreed to this point, but we’re got to do something now, we can’t wait around to
see how deregulation will occur. MULLENDORE suggested waiting until the people we’re hired bring us a report?
VICE MAYOR HESSEL said at present time, approx. 60% of the city’s growth is occurring outside city limits and our annexation
program has been zero since 1990. This is necessary for just the reasons you’ve already brought forth, and it actually
increases the value of their property in many ways. The city has already spent almost $300,000 to resurface Jardot and
Lakeview, and we will continue to provide services on the basis of what we’re explained this evening for water, sewer, and
so forth.
MOTION BY DAVE HESSEL, SECOND BY RAY SCARBROUGH TO APPROVE THE PROPOSED ANNEXATION, WITH THE CONDITION
TO ZONE THE SPECIFIC LOTS AS INDICATED.
In further discussion Mr. Fultz assured the Mayor that he and his neighbor, who was not present, would like the RS3 for their
properties. MR. WESLEY illustrated those areas affected, and explained all of the Lakeview area across the city is indicated
as a sensitive development corridor based on several criteria in the Comprehensive Plan. There is probably a need to look at
Jardot also, but Lakeview was established several years ago. MAYOR HENSON said in her mind it is important to protect and
serve the citizens of Stillwater as much as possible, even though there are some unhappy individuals who will be brought in -
S.C.C. 4/20/98 Page 6
it is the best thing for all of Stillwater.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, BUD LACY - YES. KAREN KAY MULLENDORE - NO.
MOTION CARRIED WITH FOUR VOTES YES.
8. RESOLUTIONS
a. Resolution CC-98-9 requesting industrial access funds from the OK. Dept. of Transportation to construct McElroy Street
from Western Avenue west 0.75 miles.
MOTION BY RAY SCARBROUGH, SECOND BY DAVE HESSEL TO APPROVE RESOLUTION #CC-98-9, AND AUTHORIZE THE MAYOR
AND CLERK TO SIGN.
In response to questions regarding revenues the city would be required to pay, MAYOR HENSON believed the city would not
have to pay for this improvement. MR. WEINAUG advised this would not obligate the city to pay any funds for it although
you may be requested to do that in the future. To stay on schedule the University asked to have this placed on the agenda
late last week. Dr. Birdwell is considering whether to request us for about $50,000 to participate. They have asked the
county to also participate to some degree and they are considering it.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
9. ORDINANCES
. (second reading)
a. Ordinance No. 2610 relating to public health and safety, revising the 911 Emergency Number Ordinance maintaining the
current 5% user fee.
MOTION BY RAY SCARBROUGH, SECOND BY KAREN KAY MULLENDORE TO ADOPT ORDINANCE NO. 2610, AND AUTHORIZE
THE MAYOR AND CLERK TO SIGN.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
10. REPORTS FROM OFFICERS AND BOARDS
a. Miscellaneous items from the City Attorney. MS. KARNS requested an Executive Session for the purpose of considering
possible action pursuant to 25 O.S. 307(B)(2) Labor Negotiations/Bargaining Agents of the I.A.F.F.
b. Miscellaneous items from the City Manager. MR. WEINAUG expressed appreciation to all the citizens who participated
with the HOK Consulting group on the Strategic Occupancy Plan. HOK has recommended holding a special meeting with the
commission at no charge to go over the results, and the P, R & E Board to assure they have done everything in accordance
with our goals and directives.
c. Miscellaneous items from the City Commission.
COMMISSIONER MULLENDORE congratulated the Parks Department on another successful Run For The Arts last Saturday,
and as a member of the Humane Society, requested citizens to volunteer as foster homes for an animal until the kennel
renovations are completed.
COMMISSIONER SCARBROUGH humored Vice-Mayor Hessel, who will be leaving after serving 9 years all together on the
Commission.
MAYOR HENSON congratulated City Judge, Tanya Raun, who had just given birth to a little boy, Nathan. She thanked Little
Shop of Flowers for another beautiful arrangement of flowers.
11. NEW BUSINESS No items presented.
12. ADDITIONS, CORRECTIONS, QUESTIONS No items.
13. RECESS TO SPGA AND SUA
The Regular Meeting of the City Commission was recessed for 5 minutes at 9:00 p.m. The regular meeting of the SPGA was
then convened. The SPGA meeting was adjourned at 10:04 p.m., and the SUA meeting was convened. The SUA meeting was
adjourned at 10:05 p.m. The City Commission meeting was then reconvened to consider holding an Executive Session.
S.C.C. 4/20/98 Page 7
14. EXECUTIVE SESSION
MOTION BY RAY SCARBROUGH, SECOND BY KAREN KAY MULLENDORE TO CONVENE FOR EXECUTIVE SESSION.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
The Commission adjourned Executive Session at 10:40 p.m. No action was taken.
13. ADJOURNMENT
MOTION BY KAREN KAY MULLENDORE, SECOND BY DAVE HESSEL TO ADJOURN THE REGULAR MEETING OF THE CITY
COMMISSION.
ROLL CALL VOTE: MIKE HENSON, DAVE HESSEL, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY - YES. NO - NONE.
MOTION CARRIED WITH ALL VOTES YES.
The Meeting was adjourned at 10:40 p.m.
______________________________ _____________________________________________
MAYOR MIKE HENSON SYLVIA S. MALLETT,
DEPUTY CITY CLERK
