IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW_

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IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW_ Powered By Docstoc
					S.C.C. 5/18/98 Page 1
IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW,
THE AGENDA WAS POSTED MAY 14, 1998
IN THE MUNICIPAL BUILDING AT 723 S. LEWIS


                                           STILLWATER CITY COMMISSION
                                                 REGULAR MEETING
                                              STILLWATER, OKLAHOMA
                                                    MAY 18, 1998


PRESENT: MAYOR MIKE HENSON, VICE MAYOR RAY SCARBROUGH, COMMISSIONERS KAREN KAY
MULLENDORE, BUD LACY, TOM CLEVELAND

1.        MAYOR HENSON called the Regular meeting of the City Commission to order at 7:33 p.m. The Commissioners
stood for the Pledge of Allegiance.

3.     PROCLAMATIONS AND PRESENTATIONS
MAYOR HENSON presented a proclamation to Chamber of Commerce CEO Jim Mason, proclaiming May 20 1998 as
Oklahoma World Trade Day.

4.       APPROVAL OF MINUTES

MOTION BY KAREN KAY MULLENDORE, SECOND BY RAY SCARBROUGH TO APPROVE THE MINUTES OF
THE REGULAR MEETING, AND THE SPECIAL MEETING OF MAY 18 , 1998 AS WRITTEN.

ROLL CALL VOTE: MIKE HENSON, KAREN KAY MULLENDORE, RAY SCARBROUGH, TOM CLEVELAND -
YES. BUD LACY - ABSTAINED. MOTION CARRIED WITH FOUR VOTES YES.

5.        CONSENT DOCKET
a. Claims in the amount of $227,591.90, Special Claims for $36,279.63, and Estimated Payroll totaling $675,000 were
presented for approval.
b. A Street and Sidewalk Covenant granted by Kendall and Vernie Grindstaff for property in the SW/4, Sec. 20, T19N,
R2E, of the I.M., Payne County, OK was requested.
c. The May Sales Tax Report reflected actual sales tax revenues are higher than last y-t-d by 4.71%; the Use Tax Report
showed earnings for the month of May as $23,391.49.
d. A schedule of Special Commission meetings was presented for purposes of discussion of city budget on Thursdays
beginning on May 21 at 5:30 p.m. The official Budget public hearing was scheduled on June 1 during the regular City
Commission meeting.
e. Stillwater Medical Center’s audit for FY ending Dec. 31, 1997 was presented for acceptance.
f. ECC Dir. Ralph McFadden recommended awarding the bid for modifying and monitoring fire and security systems
owned by the city to Falco Alarm Co. as lowest and best bid. CC-98-108
g. The Convention and Visitors Bureau presented their 1998/99 budget for acceptance.
h. The First Baptist Church requested a temporary closing of Duncan Street between 7 th and 8th Ave. for their Vacation
Bible School during the week, June 1, 1998. CC-98-112

MOTION BY RAY SCARBROUGH, SECOND BY KAREN KAY MULLENDORE TO APPROVE THE CONSENT
DOCKET, INCLUDING SPECIAL CLAIMS AND ESTIMATED PAYROLL.

ROLL CALL VOTE: MIKE HENSON, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY, TOM
CLEVELAND - YES. NO - NONE. MOTION CARRIED WITH ALL VOTES YES.

6.   PUBLIC APPEARANCES, PETITIONS, COMMUNICATIONS
     a. Miscellaneous items from the audience. No items presented.

7.        PUBLIC HEARINGS
a. Consider request from West Oak, Inc. to review Planned Development Final Develop. Plan, and Map Amendment to
rezone property from RS3 (Small Lot Single Family) to RS3-PD (Small Lot Single Family Dist. Planned Develop.) for
property located on the west side of 900 blk. of Shumard Drive. CC-98-109
City Planner, BRYAN BROWN explained a Planned Development consists of a site plan that specifically outlines what the
applicant proposes to develop and they are held to whatever is shown on that site plan. In this particular case, this tract of
land is a part of Park Meadows, Second Section, an area that has been final platted. Several lots in this plat could be sold.
The area surrounding this has been preliminary platted and approved by the Planning Commission for a much larger
development. There is existing development directly to the north built by the same applicant consisting of detached single
family homes development just as they propose in this request.
S.C.C. 5/18/98 Page 2
This concept is referred to as a “zero lot line” in which one edge of the house is built right on the property line and a side
yard set-back on the other side that is conventionally 10 ft., and each house is subsequently built on this property line 10 ft.
away from the next house. That 10 ft. is required by the zero lot line concept to be a maintenance easement necessary for
repairs etc. to the adjacent property.

With this request the applicant wishes to construct nine detached, zero-lot line, single-family residential homes on nine
existing platted lots within the final plat of Park Meadows, Second Section. Because there isn’t really any development
around except to the north which is part of the applicant’s land - notification was not considered tremendously important
and also, there is a requirement in the PD process that a public meeting be held prior to this public hearing to inform the
neighbors in that area what they are planning on doing. A meeting was held last week but he was not aware of those
results. He assumed if there were concerns, those people would express those at tonight’s meeting.

The applicant requests a deviation from the conventional 10 ft. side yard setback to a 5 ft. side yard setback maintenance
easement. This would increase their desired maximum building lot coverage to 47% ( rather than the conventional
maximum of 35% allowed in the RS3 District).

He pointed out with the Planned Overlay district, the Commission can consider varying any of the standard requirements.
That combination will allow them to build larger homes and intensify these 9 lots (there will be less green area left because
there will be more house covering the lot, and less separation between the houses). The provisions of the PD ordinance
indicate if we allow this increase or intensification of a project and the variance of conventional standards - we would like
to see something in return such as an amenity to make this a special project, or that will help to buffer and protect the
nearby property owners. It has become standard for us to allow 5 ft. setbacks as we have allowed several of those around
the city and the market is there. They seem to be successful. Some people might not like having these next to them
because of the intensification but in this particular case - there are no adjacencies and those people to the north have the
exact same concept proposed for these 9 lots.

The Planning Commission found this proposed planned development substantially complies with the provisions of the
ordinance and the Comprehensive Plan. This PD is a part of a larger preliminary-platted area which includes a similar
PD to the north and appears compatible with this area in town. The applicant could have combined these two since they
are one and the same, but did not know at that time how successful this market would prove to be. Now the houses are
selling, and they want to do another of the same housing concept.

The Planning Commission also focused on the fact this PD did not seem to provide any common amenity in return for the
increased lot coverage and reduced side-yard standard, but they did find the adjacent open space is an amenity. It serves
as a detention facility within the PD to the north, but it is much more than a detention, and is probably one of the nicest
facilities of its’ kind in town. It actually is an amenity or open space and benefits the other developments to the north. The
covenants of the proposed PD do not reflect there being any participation in the other PD in any way. The Planning
Commission was concerned those who are responsible for maintaining this amenity might want the other PD from
enjoying it, but they are not really able to because there is a sidewalk in the right of way, and you cannot exclude people
from that amenity. There appears to be some degree of reasonableness to this PD even though there isn’t an open space or
amenity provided above that of a conventional development.

Stillwater Engineering’s TERRY STAMBACK spoke in the applicant’s behalf. He said this was something they had
indicated this prospect all through the initial process, so it should not be a surprise we came back with this request now. If
approved, they will be following through with a final replat to eliminate the 10 ft. easements from the original plat. The
same type and style of houses will be built as the first PD.

MR. BROWN provided Planning Commission and staff’s recommendation to approve this PD Final Development Plan
and associated Map Amendment to rezone from RS3 to the RS3(PD) District subject to: (1) referencing and making the
provisions of the Statement of Intent a part of the ordinance as written and accountable through established ordinance
procedures; and (2) vacating the existing 10-foot maintenance easement on the plat, and replacing it with the proposed 5-
foot easement.

MOTION BY BUD LACY, SECOND BY RAY SCARBROUGH TO APPROVE STAFF AND PLANNING
COMMISSION’S RECOMMENDATION.

ROLL CALL VOTE: MIKE HENSON, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY, TOM
CLEVELAND - YES. NO - NONE. MOTION CARRIED WITH ALL VOTES YES.

b. Public comments on the City of Stillwater’s proposed budgets for FY 1998/99.
No public comments were offered. City Manager CARL WEINAUG stated this budget is not just a list of numbers. It
also provides commentary to explain items easily and find out where the money is being spent in any department. The
budget message provides an overall view of the major focus of the budget and where the money is going. The municipal
budget includes the first year of the Capital Plan, so this brings us further along in the process than we were last year to
consider the major items. Public hearings will begin Thursday, May 21 at 5:30 p.m., and public comments are welcomed.
8.        GENERAL ORDERS
a. Consider acquisition of a GE MRI machine on a five year lease/purchase for the Stillwater Medical Center.
S.C.C. 5/18/98 Page 3
SMC’s CEO, JERRY MOELLER, 1101 Westwood Drive, requested approval to proceed with the acquisition of an GE
MRI through a 5 year lease (with a $1 buy out at the end of that term). This machine is regarded as the king of soft tissue
scanning. It would replace a 7 year old machine that has a .5 tesla magnet. The new MRI has a 1.5 tesla magnet and will
provide superior quality images because of an improved signal to noise ratio. It will provide sophisticated physiological
imaging; it is much faster, it has a larger aperture to decrease patient discomfort, and enhance their ability to compete
against out of town “open magnets.” The old MRI would have required a $540,000 to purchase it through the terms of the
lease even though its fair market value is less than that amount. SMC proposed to purchase the new MRI with a five year
capital lease with a purchase option of $1 at the end of 60 months. The purchase price is $1,825,480, at an interest rate of
5.44% with no payments prepaid. The monthly payment will be $34,661.12, (total interest costs of $254,187.20 over the
terms of the lease).

He briefly reported on the hospital’s infrastructure improvements. A 30 day delay of the east tower is expected due to
lack of masons to do the brick work, however, the balance of the other work will be on schedule, with opening on July 15.
MAYOR HENSON expressed support to the medical center, appreciation of this state of the art equipment and new
cancer center.

MOTION BY BUD LACY, SECOND BY KAREN KAY MULLENDORE TO APPROVE THE ACQUISITION OF THE
GE MRI BY THE STILLWATER MEDICAL CENTER, AND TO AUTHORIZE THE APPROPRIATE OFFICERS TO
SIGN.

ROLL CALL VOTE: MIKE HENSON, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY, TOM
CLEVELAND - YES. NO - NONE. MOTION CARRIED WITH ALL VOTES YES.

b. Review drainage complaint from residents on 29th, west of Husband for city assistance in correction of water runoff
problems. CC-98-111
MR. WEINAUG advised he received a letter signed by ten property owners advising of drainage problems due to water
runoff from a field south of the housing subdivision located on 29th Street, west of Husband. In his review of the area and
visiting with Mr. Tarlton, Mr. Weinaug was surprised by the challenge this surface water created and the impact to the
neighborhood. Several staff members have also looked at this to determine whether the city has a legal basis to
participate in the cost of correcting this problem. The neighbors believe it is a surface water runoff created by the
improvements from property to the south but the city has not approved any development in that region to affect the water
flow. Staff has identified some shallow ground water that has created significant run off and it has created chuck holes in
the street, and resulting damage.

There are other places in the city that have similar ground water problems and their ground water is nothing that the city
regulates or has contributed to. It was the feeling of these property owners that the City approved this subdivision
without requiring the subdivision’s developer to properly control the drainage from adjacent property through the
subdivision. Our basic ordinances address whether or not the flow of water is being diverted on to someone, but in this
situation drainage was provided. The adequacy is questionable.

Part of the solution deemed by the property owners was the draining of a pond to the south and the property owner there
was very agreeable. The city has approved an earth change permit to allow this water to be drained through and down
that drainage ditch. It is hoped this will solve the problem. Other than that staff hasn’t identified any liability for the city
to take responsibility for in participating through financial means to remedy this problem.

COMMISSIONER MULLENDORE asked the Drainage Engineer if there were alternative solutions to this problem.
TOM CARTER advised in a situation like this about the only thing they could do is to create French drains around it to
improve the drainage from their homes. It is not an uncommon problem in Stillwater, and he also has it, and plans to put
in these drains.

MILDRED PAGE, 223 West 29th, advised she and her husband have lived in their home for 19 years. They always had a
drainage problem but since the property to the south was rezoned and their neighbor cleared trees, etc. in their landscape
improvements, their property has never been this bad. They have experienced significant water problems since that time.
Trees on their property are now dying because they are inundated by this water, and they cannot mow their grass or have
a garden. The mosquito’s are atrocious. The neighbor who made these improvements to his property is willing to work
with them to provide a ditch, and has been very cooperative but she believed a deep ditch would be of help.
S.C.C. 5/18/98 Page 4
LAWRENCE OSBORNE, 413 W. 29th has lived at this location for 20 years and in his view, the dam had helped him and
there was enough tall grass and trees to hold that water on the terraces but after the new neighbor made improvements to
his land the water comes through his property and the Page’s in a torrent strong enough to knock someone down.
Families east of him have an even greater problem. The ditch mentioned earlier has been dug but he was not sure how
much good it will be do for him at this point. He did not feel that terracing will handle all of it because improvements that
were made to the south has taken all of the heavy grass off.

MR. CARTER was unaware of the moving of dirt, and believed the property owner had added another pond further to
the west. The City has not allowed any further building to take place.

MAYOR HENSON was sympathetic and hoped the French drains would work, but did not believe the city was liable for
this problem. COMMISSIONER SCARBROUGH wondered if a good heavy terrace could be built to help and perhaps
Mr. Harris would look at that improvement.

MOTION BY RAY SCARBROUGH, SECOND BY TOM CLEVELAND TO DENY ANY CLAIM ON THIS
PROPERTY.

ROLL CALL VOTE: MIKE HENSON, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY, TOM
CLEVELAND - YES. NO - NONE. MOTION CARRIED WITH ALL VOTES YES

c. Consider amendment to Lakeside Memorial Golf Course Lease to provide for sale of beer in designated area. CC-98-
110
City Attorney MARY ANN KARNS advised several weeks ago when the trustees adopted a rate structure for Lakeside
Memorial Golf Course, they adopted a rate method that used as another revenue source, the sale of 3.2 non-intoxicating
alcoholic beverages (beer). It is necessary to amend the lease agreement in order to allow beer to be sold and consumed at
the golf course. After researching the proximity of the golf course to a school and church in the vicinity, she had
determined it was appropriate to prepare a lease amendment reflecting the portions of the golf course that not within three
hundred feet of the club house. It will be possible to obtain a permit for the sale of beer for the club house. The permit for
the “hospitality cart” which will be moved from place to place on the course will only be able to provide those beverages in
specific parts of the golf course.

After reviewing the golf course layout, David Hartman, building official, and Kyle Gibbs, special projects detective,
determined Lakeside should obtain one beer license for the premises EXCEPT for those areas within three hundred feet of
the church and the school. A legal description that excludes these areas will be prepared for the license application.
Compliance with all laws will be monitored by the police department at the golf course just as if it were any other facility.
Golf Pro, Ken Stier is aware of those exclusions and will train employees and provide signage indicating where beer can be
served and consumed. Ken has been involved in similar situations in which restrictions were made at other locations, and
he knows how to deal with this matter.

It has been suggested the fence surrounding the golf course be treated as a “wall.” That has been permitted at other
locations when the fence was completely opaque and of sufficient height to block any view of the premises and to prevent
entry. The golf course fence falls far short of that requirement.

In response to questions, MR. STIER stated he did not know what percentage of his sales would be through sale of beer
but expected there to be about $25,000 of profit. He explained it will, more importantly provide control over the
consumption of beer and how it would be done. Under the old regime, beer was brought in by the golfers who consumed
at will, and some became inebriated. This control mechanism will be the responsibility of the golf employees to assure
that beer will not be sold in the specified areas, and that someone who shows classic signs of inebriation will not be sold
any beer.

MAYOR HENSON read a letter from Bill Simank, who opposed the sale of beer at the golf course and was particularly
concerned about creating an additional liability to the city. She and COMMISSIONER SCARBROUGH advised they
were not supportive of the city making money from the sale of beer at the golf course and it is a wrong role model for the
youth. COMMISSIONER LACY pointed out, to be fair we have already approved the sale of beer through the fee
structure, we had already made this decision. This is just a little housekeeping. MR. STIER said initially we hadn’t taken
the school or church locations into account and we have come up with a plan to take care of it, restrict it and not offer the
temptation to break the law.

OSU PROFESSOR, DR. MARGARET WHITE advised from experience, she was aware of many instances in which beer
was taken to the golf course of which the course managers had no control, and there were drunk golfers who were out of
control. Regarding the etiquette of players, many who do not drink can also cause problems for other golfers. She
believed there would be better control with the courtesy carts. COMMISSIONER LACY said under the old management
people brought all the beer they wanted to and no one could do anything about it. This way we will intend no one can
bring beer unto that golf course, and Mr. Stier’s people will be instructed on who to sell it to and under what conditions.

Ms. Karns was asked to address the liability question. MS. KARNS said there is a risk of liability to anything you do as a
city, if it is not done properly. If it were determined not to allow sale of beer at the golf course, you would really want
S.C.C. 5/18/98 Page 5
enforcement out there to make sure people would not bring their own because without that enforcement you would incur
liability. She would have concerns if Mr. Stier had never done this before, if we did not have a police department that is
expert in training people on how to identification and to detect one’s sobriety level. It is incumbent upon us to assure we
take care of the public and enforce all the procedures to protect the city. The golf course has been sued a couple of time in
recent years as has the Parks Dept., slipping and falling on city property, etc. This is a business decision and when that
decision is made, we will do the best we can to protect us. MR. STIER assured the Commission the SPGA will be
extremely tough on the sale of 3.2 beer.

COMMISSIONER MULLENDORE said she had never understood the intrigue that beer holds for so many people, but at
the same time, the city has taken over the golf course and intends for it to pay for itself and to be in competition, and that
competition is fierce where golf courses are concerned. If that is the intent of the Commission we cannot tie the hands of
the golf course in areas they can use to increase their revenue. She asked about the role of the hospitality carts. MR.
STIER stated they will provide more control because those people will be selling only specific types of beer during specific
periods, and will alternate them, so it will be easy to spot a beverage they did not sell, and the appropriate action will be
pursued. They will eliminate 99% of those people who would bring in their own beer. There will always be 1% who will
try. Our own course beverage service will address those. COMMISSIONER CLEVELAND said from his experience and
others he had spoken with, it makes a difference where and when it is offered because you tend to drink less if a cart comes
around than if you can have beer only at the club house, then take a six pack with you and there seems to be a goal in
which you have to finish it before you finish the game. He believed the carts will provide a control factor.


MOTION BY TOM CLEVELAND, SECOND BY BUD LACY TO APPROVE STAFF’S RECOMMENDATION FOR
THE CONTROLS, AND THE RE-WRITING OF THE GOLF COURSE LEASE.

ROLL CALL VOTE: KAREN KAY MULLENDORE, BUD LACY, TOM CLEVELAND - YES. MIKE HENSON, RAY
SCARBROUGH - NO. MOTION CARRIED WITH THREE VOTES YES.

9.       REPORTS FROM OFFICERS AND BOARDS
a. Miscellaneous items from the City Attorney. No items presented.
b. Miscellaneous items from the City Manager. MR. WEINAUG advised of a public meeting at the Chamber of
Commerce on Friday, 10:00 a.m., to discuss the High Technology Park and in particular, how to plan to handle the
hydrology for that. Roger Gose, P.E. should provide information to Tom Carter for review on Wednesday, and we hope to
have information available for the public at that meeting, assuming the project can be done and meet all the ordinances.
Anyone is welcome to come and address this matter.
c. Miscellaneous items from the City Commission.
COMMISSIONER LACY noted the Southern Woods is having an association meeting on Thursday p.m. at 7:30.
MAYOR HENSON thanked Walmart for their bouquet of flowers tonight.

10.      NEW BUSINESS No items.
11.      ADDITIONS, CORRECTIONS, QUESTIONS No items.
12.      ADJOURNMENT

MOTION BY KAREN KAY MULLENDORE, SECOND BY TOM CLEVELAND TO ADJOURN THE REGULAR
MEETING OF THE CITY COMMISSION.

ROLL CALL VOTE: MIKE HENSON, RAY SCARBROUGH, KAREN KAY MULLENDORE, BUD LACY, TOM
CLEVELAND - YES. NO - NONE. MOTION CARRIED WITH ALL VOTES YES.

The Meeting was adjourned at 8:45 p.m.



_________________________________                         __________________________________
MAYOR MIKE HENSON                                         SYLVIA S. MALLETT,
                                                          DEPUTY CITY CLERK

				
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