MINUTES STILLWATER CITY COMMISSION REGULAR MEETING 723 S. LEWIS DECEMBER 12, :30 p.m.

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1 IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW THE AGENDA WAS POSTED DECEMBER 8, 2005 AT THE MUNICIPAL BUILDING AT 723 SOUTH LEWIS STILLWATER, OKLAHOMA MINUTES STILLWATER CITY COMMISSION REGULAR MEETING 723 S. LEWIS DECEMBER 12, :30 p.m. PRESENT: ABSENT: MAYOR BUD LACY, VICE MAYOR RUTH ANNE KENNEDY, COMMISSIONERS TOM DUGGER, TOM WILLIAMS, HANK MOORE NONE 1. CALL MEETING TO ORDER. Mayor Lacy called the meeting to order. 2. PLEDGE OF ALLEGIANCE. The Mayor and members of the Stillwater City Commission led the audience in the Pledge of Allegiance. 3. PROCLAMATIONS AND PRESENTATIONS: a. Proclamation proclaiming December 12, 2005 as Golden Eagles Football Champions Day. Mayor Lacy read a proclamation declaring December 12, 2005 as Golden Eagles Football Champions Day. Members of the 5 th Grade and 6 th Grade Golden Eagles youth football teams and their coaches were present to accept the proclamations. b. Introduction of representatives from Shinshu University, Matsumoto, Nagano Prefecture, Japan. Mayor Lacy introduced a delegation from Shinshu University in Matsumoto, Nagano Prefecture, Japan. The delegation included Mr. Hashimoto, Quality Assurance Vice President, Mr. Shinozaki, Director of International Programs, Mr. Nakashima, a special representative of the Shinshu University President, and Mrs. Nakashima, a nursing arts instructor. The delegation was in Stillwater to finalize a student exchange agreement and to promote faculty and staff exchanges with Oklahoma State University. 4. APPROVAL OF MINUTES: a. Regular Meeting December 5, 2005 b. Executive Session December 5, 2005 MOTION BY WILLIAMS, SECOND BY DUGGER TO APPROVE THE MINUTES AS PRESENTED. ROLL CALL VOTE: YEA LACY, KENNEDY, DUGGER, WILLIAMS, MOORE. NAY - NONE.

2 SCC 12/12/05 Regular Meeting Page 2 5. CONSENT DOCKET: a. Acknowledge receipt of Permit No. SL from the Oklahoma Department of Environmental Quality for the construction 134 L.F. of 8-inch sewer line to serve the Hall of Fame Plaza, Payne County, Oklahoma. b. Approve bid recommendation for the Kameoka Trail Parkview Estates connection. (CC ) c. Accept the following easements: i) General Utility Easement: Grantor: Tau Beta Sigma and Kappa Kappa Psi, Oklahoma Corporations, 401 E. 9 th Street; ii) Street Light Easement: Grantor: Tony Aguilar, 100 block of South Payne; iii) Street Light Easement: Grantor: Jim R. Campbell and Beverly G. Campbell, husband and wife, 100 block of South Payne; iv) Street Light Easement: Grantor: Campbell Creek, LLC, 1700 block of East Maple Court; v) General Utility Easement: Grantor: Diversified Investment Group, LLC, an Oklahoma Limited Liability Company, 300 block of E. Hall of Fame. d. Accept public improvements for Fountain Square. (CC ) e. Accept recommendation for tort claim of Judi Rhoads and Bill Depew. f. Approve funding for the remodel of the Stillwater Regional Airport Hangar #1 leanto for Superior Flight Training. (CC ) MOTION BY KENNEDY, SECOND BY MOORE TO APPROVE THE CONSENT DOCKET AS PRESENTED. 6. PUBLIC APPEARANCES, PETITIONS, COMMUNICATIONS: a. Miscellaneous items from the public. James Lawson, 101 E. Lakehurst Drive, expressed appreciation to the City for continued efforts to install and improve sidewalks to meet ADA requirements. 7. ITEMS REMOVED FROM CONSENT DOCKET: 8. PUBLIC HEARINGS: 9. GENERAL ORDERS: a. Consider and take possible action regarding the reauthorization of the transportation half cent sales tax. (CC ) Ralph Kinder, Capital Improvement Program Manager, presented alternatives for City Commission consideration relating to the proposed reauthorization of the transportation half cent sales tax. The current transportation sales tax was established in 2001 and expires on September 30, To continue to collect the revenue without a lapse, the sales tax must be extended by a majority of voters. Staff reviewed five factors related to the proposed sales tax extension: 1) Reauthorization duration; 2) Program content; 3) Project selection process; 4) Design objectives, and; 5)

3 SCC 12/12/05 Regular Meeting Page 3 Reauthorization timeline. Mr. Kinder discussed the advantages of selecting a five year, ten year, or perpetual project duration. Items related to the program content included the disposition of the current projects, possible expansion of the program to include non-transportation projects, and whether or not to identify specific projects for voter approval. A preference was indicated for current projects to be given first priority in the new program and to limit the projects to transportation related projects only. Discussion was held regarding the project selection process and design objectives. Staff recommended the transportation one half cent sales tax proposal be placed on the April 4, 2006 general election ballot. It was further recommended the duration be set at ten years, a priority for current program unfunded projects to be completed first, to limit the program to transportation projects only, and to establish a project selection process. The importance of soliciting public input in the selection process was emphasized. MOTION BY MOORE, SECOND BY WILLIAMS TO APPROVE ACTIONS NECESSARY TO PLACE THE REAUTHORIZATION OF THE TRANSPORTATION ONE HALF CENT SALES TAX ON THE APRIL 4, 2006 GENERAL ELECTION BALLOT FOR A DURATION OF TEN YEARS; SPECIFYING COMPLETION OF CURRENT UNFUNDED PROJECTS FIRST; LIMITING THE PROGRAM TO TRANSPORTATION PROJECTS, AND; ESTABLISHING A PROJECT SELECTION PROCESS. b. Consider and take possible action on the Manning Street right-of-way acquisition. (CC ) David Barth, Development Engineer, reviewed the history of the unpaved portion of Manning Street right-of-way between Cedar Drive and Virginia Avenue. In October 2004, property owners on the east side of the right-of-way requested initiation of a paving district. Property owners on the west side objected to the paving district. Staff met with both parties to reach amicable solution. As an attempt to resolve the issue, a cul-de-sac versus a through street was discussed. Although all parties favored the cul-de-sac alternative, property owners on the west side of the right-of-way declined to participate in the street construction cost. Plans were then made by the property owners on the east side to pay for the street construction. Designs for both a cul-de-sac and a through street were developed. However, without additional right-of-way, the cul-de-sac option could not be considered. Staff suggested a friendly condemnation which would allow the City to acquire the additional right-of-way needed on both sides of Manning Street for the cul-de-sac construction. This option was agreed upon by property owners on both sides of the undeveloped right-of-way. At this point, neighbors on Donaldson Street, contacted city staff to express their opposition to the cul-de-sac. Residents along Donaldson preferred Manning to be constructed as a through street to help alleviate traffic on Donaldson Street. The cul-de-sac alternative was supported by staff because of the significant grade difference between the Manning Street right-of-way and the Virginia Avenue pavement. The grade differential would cause the southernmost portion of Manning Street to be at a steep grade at the Virginia Avenue intersection. Concern was also expressed regarding the Manning intersection with Virginia which would be slightly offset from the existing Arrington Drive intersection. Dave Brechwald, 222 N. Donaldson, a representative of residents on Donaldson Street, expressed concern for traffic issues on Donaldson Street. Mr. Brechwald stated traffic on Donaldson Street would be reduced if Manning Street was constructed as a through street. Reference was made to a petition presented on December 5, 2005 protesting the proposed cul-de-sac. Jean Rhodes, 121 N. Donaldson, supported the construction of Manning Street as a through street. Bernie Mueggenborg, reviewed his past efforts to develop this portion of Manning Street. He indicated the proposed cul-de-sac appears to be the best solution for all the property owners on Manning Street

4 SCC 12/12/05 Regular Meeting Page 4 that are directly affected by this development. He explained the costs for the street construction is being paid for privately by his family. John Sheperd, 302 N. Manning, expressed opposition to the construction of Manning Street as a through street and voiced support for the proposed cul-de-sac. Allen Cain, 1225 Cedar, indicated support for the proposed cul-de-sac. Mr. Cain stated he was one of the original property owners opposed to construction of Manning Street through to Virginia. Paul Mueggenborg, 223 N. Manning, expressed support for the proposed cul-de-sac option. Richard McIntyre, 124 N. Donaldson, explained the additional houses that will be constructed along Manning will not be factor to increasing traffic problems along Donaldson. However, if Manning Street becomes a through street to Virginia, traffic along Donaldson will be reduced. Discussion of the issues related to the right-of-way for the proposed cul-de-sac was held. It was suggested traffic concerns brought forward by residents along this section of Donaldson Street should be evaluated by staff as a separate issue. Staff recommended authorization to proceed with right-of-way acquisition necessary to allow construction of a cul-de-sac at the end of Manning Street just south of Cedar Avenue. Commissioner Moore indicated his preference for Manning Street to be a through street. MOTION BY KENNEDY, SECOND BY WILLIAMS TO AUTHORIZE STAFF TO PROCEED WITH RIGHT-OF-WAY ACQUISITION NECESSARY TO ALLOW CONSTRUCTION OF A CUL-DE-SAC AT THE END OF MANNING STREET JUST SOUTH OF CEDAR AVENUE. ROLL CALL VOTE: YEA - LACY, KENNEDY, DUGGER, WILLIAMS. NAY - MOORE. THE MOTION CARRIED WITH FOUR YEA VOTES. 10. RESOLUTIONS: a. Resolution No. CC : A resolution setting fees charged for building, electrical, plumbing, mechanical, sign and mobile home permits as in accordance with the Stillwater Municipal Code and repealing Resolution No. CC Resolution No. CC was read as presented. MOTION BY DUGGER, SECOND BY WILLIAMS TO APPROVE RESOLUTION NO. CC , A RESOLUTION SETTING FEES CHARGED FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, SIGN AND MOBILE HOME PERMITS AS IN ACCORDANCE WITH THE STILLWATER MUNICIPAL CODE AND REPEALING RESOLUTION NO. CC ROLL CALL VOTE: YEA - LACY, DUGGER, WILLIAMS, MOORE. NAY - KENNEDY. THE MOTION CARRIED WITH FOUR YEA VOTES. 11. ORDINANCES: a. (first reading) i) b. (second reading) i) Ordinance 2915: An ordinance amending the Code of Ordinances of the City of Stillwater by amending Appendix I, Zoning Ordinance, 1985 Edition, Exhibit II, Mobile Home Regulations, Section 11.10, General Provisions, and by amending Section 11.30, Mobile Home Parks; and Declaring an Emergency. (The agenda packet included staff s request to deny this proposed amendment and any further review be conducted during the process of updating the Land Development Code.)

5 SCC 12/12/05 Regular Meeting Page 5 Ordinance 2915 was read as presented. Paula Dennison, Community Development Director, commented on the original recommendation to deny the proposed amendment. Ms. Dennison referred to a revised memorandum from staff recommending the second reading of Ordinance 2915 be tabled to January 30, MOTION BY DUGGER, SECOND BY MOORE TO TABLE TO JANUARY 30, 2006 CONSIDERATION OF ORDINANCE 2915 AS RECOMMENDED BY STAFF. ii) Ordinance No. 2921: An ordinance amending the Code of Ordinances of the City of Stillwater by amending Chapter 23, Planning and Development, Article IV, Subdivisions, Division 1, Generally, by amending Section 23-53, Definitions, to delete the definition of residential minor subdivision and create the definition of minor subdivision; and by amending Division 2, Plat Preparation and Approval Procedures, by amending Section 23-65, Generally; and declaring an emergency. Ordinance 2921 was read as presented. MOTION BY WILLIAMS, SECOND BY DUGGER TO ADOPT ORDINANCE NO. 2921, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF STILLWATER BY AMENDING CHAPTER 23, PLANNING AND DEVELOPMENT, ARTICLE IV, SUBDIVISIONS, DIVISION 1, GENERALLY, BY AMENDING SECTION 23-53, DEFINITIONS, TO DELETE THE DEFINITION OF RESIDENTIAL MINOR SUBDIVISION AND CREATE THE DEFINITION OF MINOR SUBDIVISION; AND BY AMENDING DIVISION 2, PLAT PREPARATION AND APPROVAL PROCEDURES, BY AMENDING SECTION 23-65, GENERALLY ON SECOND READING AND AUTHORIZE THE MAYOR TO SIGN. MOTION BY WILLIAMS, SECOND BY DUGGER TO DECLARE, APPROVE, AND ATTACH AN EMERGENCY CLAUSE FOR ORDINANCE NO iii) Ordinance 2922: An ordinance closing platted setback lines for seven (7) lots in Woodland Trails Subdivision, Sections One and Two, located at 32 nd Street and South Sangre Road. Ordinance 2922 was read as presented. MOTION BY WILLIAMS, SECOND BY MOORE TO APPROVE ORDINANCE NO. 2922, AN ORDINANCE CLOSING PLATTED SETBACK LINES FOR SEVEN (7) LOTS IN WOODLAND TRAILS SUBDIVISION, SECTIONS ONE AND TWO, LOCATED AT 32 ND STREET AND SOUTH SANGRE ROAD ON SECOND READING AND AUTHORIZE THE MAYOR TO SIGN.

6 SCC 12/12/05 Regular Meeting Page 6 iv) Ordinance No. 2907: An ordinance closing a drainage easement located at 1900 N. Perkins Road and declaring an emergency. Ordinance 2907 was read as presented. MOTION BY DUGGER, SECOND BY WILLIAMS TO ADOPT ORDINANCE NO. 2907, AN ORDINANCE CLOSING A DRAINAGE EASEMENT LOCATED AT 1900 N. PERKINS ROAD ON SECOND READING AND AUTHORIZE THE MAYOR TO SIGN. MOTION BY MOORE, SECOND BY DUGGER TO DECLARE, APPROVE, AND ATTACH AN EMERGENCY CLAUSE FOR ORDINANCE NO v) Ordinance 2825: An ordinance closing an electrical utility easement at or near 512 E. 6 th Street and declaring and emergency. Ordinance 2825 was read as presented. MOTION BY DUGGER, SECOND BY WILLIAMS TO ADOPT ORDINANCE NO. 2825, AN ORDINANCE CLOSING AN ELECTRICAL UTILITY EASEMENT AT OR NEAR 512 E. 6 TH STREET ON SECOND READING AND AUTHORIZE THE MAYOR TO SIGN. MOTION BY MOORE, SECOND BY WILLIAMS TO DECLARE, APPROVE, AND ATTACH AN EMERGENCY CLAUSE FOR ORDINANCE NO REPORTS FROM OFFICERS AND BOARDS: a. Miscellaneous items from the City Attorney. i) Request for an Executive Session pursuant to 25 0.S. 307 (B)(4) to engage in confidential communications with the City Attorney regarding the workers compensation claim of Royce Stephens. Assistant City Attorney Shilling requested an executive session pursuant to 25 0.S. 307 (B)(4) to engage in confidential communications regarding the workers compensation claim of Royce Stephens. b. Miscellaneous items from the City Manager. City Manager Galloway advised a special meeting will be scheduled at 6:00 p.m. on December 19, 2005 to discuss legislative priorities. Future presentation of proposed staff reorganization was noted. Mr. Galloway indicated staff is continuing to work on identifying infrastructure values. c. Miscellaneous items from the City Commission. i) Discussion about scheduling items for upcoming meetings. Commissioner Moore reminded residents of the Lakeview Road ground-breaking ceremony scheduled for Tuesday, December 13, 2005 at 10:30 a.m.

7 SCC 12/12/05 Regular Meeting Page 7 Commissioner Williams advised he would not be present at the December 19, 2005 meeting. He would be attending his son s Boy Scout Court of Honor ceremony. Wishes for a Merry Christmas and a Happy New Year were expressed. Commissioner Dugger extended best wishes to students as they take their final exams. Vice Mayor Kennedy: No items. Mayor Lacy introduced Brent Battle as the newly assigned reporter for the Daily O Collegian. Quality Plants was recognized for providing the poinsettia plant for the meeting. 13. QUESTIONS & INQUIRIES. 14. APPOINTMENTS: 15. NEW BUSINESS. 16. RECESS TO SUA. The December 12, 2005 Regular Meeting of the Stillwater City Commission recessed at 8:30 p.m. to conduct the regularly scheduled SUA meeting. The meeting reconvened at 8:36 p.m. 17. EXECUTIVE SESSION: a. Confidential communication with the City Attorney to discuss the workers compensation claim of Royce Stephens. MOTION BY KENNEDY, SECOND BY WILLIAMS TO ENTER INTO AN EXECUTIVE SESSION TO DISCUSS THE WORKERS COMPENSATION CLAIM OF ROYCE STEPHENS. The Stillwater City Commission entered into executive session at 8:40 p.m. 18. RETURN FROM EXECUTIVE SESSION: a. Possible action regarding the workers compensation claim of Royce Stephens. The Stillwater City Commission reconvened into open session at 8:55 p.m. MOTION BY KENNEDY, SECOND BY DUGGER TO RECONVENE THE DECEMBER 12, 2005 REGULAR MEETING OF THE STILLWATER CITY COMMISSION. MOTION BY DUGGER, SECOND BY WILLIAMS TO AUTHORIZE SETTLEMENT OF THE ROYCE STEPHENS WORKERS COMPENSATION CLAIM AS RECOMMENDED IN EXECUTIVE SESSION.

8 SCC 12/12/05 Regular Meeting Page ADJOURN. MOTION BY DUGGER, SECOND BY WILLIAMS TO ADJOURN THE DECEMBER 12, 2005 REGULAR MEETING OF THE STILLWATER CITY COMMISSION. The meeting adjourned at 8:56 p.m. BUD LACY, MAYOR STILLWATER CITY COMMISSION CLARA WELCH, CMC DEPUTY CITY CLERK