IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING LAW THE AGENDA WAS POSTED FEBRUARY 22, 2001 IN THE MUNICIPAL BUILDING AT 723 SOUTH LEWIS STILLWATER, OKLAHOMA MINUTES STILLWATER CITY COMMISSION REGULAR MEETING FEBRUARY 26, 2001 7:30 p.m. PRESENT: MAYOR LARRY BROWN, VICE-MAYOR BUD LACY, COMMISSIONERS TOM CLEVELAND, CHUCK THOMAS, MARTHA MCMILLIAN 1. CALL MEETING TO ORDER Mayor Brown called the meeting to order at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE Members of the Stillwater City Commission led the audience in the Pledge of Allegiance. 3. PROCLAMATIONS AND PRESENTATIONS None. 4. APPROVAL OF MINUTES MOTION BY CLEVELAND, SECOND BY LACY TO APPROVE THE MINUTES OF THE FEBRUARY 19, 2001 STUDY SESSION AND REGULAR MEETING OF THE STILLWATER CITY COMMISSION AS PRESENTED. ROLL CALL VOTE: YEA - LACY, CLEVELAND, THOMAS, MCMILLIAN. ABSTAIN – BROWN. NAY - NONE. THE MOTION CARRIED WITH FOUR YEA VOTES. 5. CONSENT DOCKET a) b) c) d) Approval of claims. Approval of budget revision for backhoe attachment for Parks, Events & Recreation. Approval of budget amendment for skateboard park for Parks, Events & Recreation. Bid recommendation for baseball and softball equipment for Parks, Events & Recreation. (CC-01-46) e) Approval of Stillwater Convention & Visitors Bureau request for donation for the Frontier Country Marketing Association. MOTION BY LACY, SECOND BY CLEVELAND TO APPROVE THE CONSENT DOCKET WITH CLAIMS IN THE AMOUNT OF $45,538.67, SPECIAL CLAIMS IN THE AMOUNT OF $3,357.50, AND PAYROLL IN THE AMOUNT OF $773,840.14. ROLL CALL VOTE: YEA - BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. SCC 02/26/01 Regular Meeting Page 2 6. PUBLIC APPEARANCES, PETITIONS, COMMUNICATIONS a) Miscellaneous items from the public. Shirley Weeks, 71 University Circle, read an article from the Tulsa World relating to licensing of landlords in Tulsa, Oklahoma. The article indicated the proposed action was an effort to assist the enforcement of property maintenance codes. Ms. Weeks suggested the City of Stillwater consider a similar policy and volunteered to assist with the development process. Carmen Dorris, 112 Melrose, reminded citizens of the March primary election for the office of Mayor and the April general election. Todd Crane, 311 S. Hester, commented on historic low voter participation in Stillwater and encouraged a higher voter turnout in the upcoming elections. 7. PUBLIC HEARING a) Consider a request from C-Star Construction for approval of a Map Amendment (PZ01-258-MA) for rezoning from A, Agriculture District, to RS3, Small Lot, SingleFamily, Residential District at West side of 1300 block of South Western Road. (Postponed to March 26, 2001) The request to postpone the map amendment request from C-Start Construction to March 26, 2001 was acknowledged. MOTION BY CLEVELAND, SECOND BY THOMAS TO POSTPONE TO MARCH 26, 2001 THE PUBLIC HEARING TO CONSIDER THE REQUEST FROM C-STAR CONSTRUCTION FOR A MAP AMENDMENT TO REZONE THE WEST SIDE OF THE 1300 BLOCK OF SOUTH WESTERN ROAD. ROLL CALL VOTE: YEA - BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. b) Consider a request from Kyle Meadors Farmers Insurance for a Map Amendment (PZ-01-259-MA) for rezoning from RS3, Small Lot, Single-Family, Residential District to CO, Commercial Office District, at 703 S. Western Road. (CC-01-44)(SW) Derek Ligon, Assistant City Planner, reviewed the request and identified the location of the property. It was noted the property was currently a unoccupied single family dwelling. The applicant’s intent to convert the structure into an insurance office was stated. Relocation of the driveway to the south and construction of a parking lot was discussed. Staff advised neighborhood meetings resulted in no adverse concerns. Mayor Brown opened the Public Hearing. There being no comments from the audience, the Public Hearing was closed. Alternatives were presented for consideration. Staff and the Planning Commission recommended approval of the rezoning request. MOTION BY LACY, SECOND BY THOMAS TO APPROVE THE MAP AMENDMENT TO REZONE FROM RS3, SINGLE-FAMILY, RESIDENTIAL DISTRICT TO CO, COMMERCIAL OFFICE DISTRICT, AT 703 S. WESTERN ROAD AS RECOMMENDED. SCC 02/26/01 Regular Meeting Page 3 ROLL CALL VOTE: YEA - BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. c) Consider a request from First Baptist Church for Closing of the street right-of-way at 701 South Duncan Street. (CC-01-45)(SE) Bryan Brown, City Planner, reviewed the request to close a portion of the street right-of-way at 701 South Duncan Street to allow placement of a ground sign. Comments were made regarding the intent to remove the existing pole sign located within the public right-of-way at the southeast corner of Duncan and 7th Avenue. City Attorney Karns reviewed the difference between closing and vacating. It was noted a closed street right-of way could be reopened, where a vacated one could not. Mayor Brown opened the Public Hearing. Jerry Rackley, 2417 Tangelwood Circle, expressed support for the request. He discussed the desire of the church to improve the appearance of the corner. There being no additional comments from the audience, the Public Hearing was closed. Alternatives were presented for consideration. Staff recommended approval of the partial street right-of-way closing at 701 South Duncan and preparation of the appropriate ordinance. MOTION BY MCMILLIAN, SECOND BY THOMAS TO APPROVE THE PARTIAL STREET RIGHT-OF-WAY CLOSING AT 701 SOUTH DUNCAN STREET AS RECOMMENDED AND TO INSTRUCT STAFF TO PREPARE THE APPROPRIATE ORDINANCE. ROLL CALL VOTE: YEA - BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. 8. GENERAL ORDERS a) Consider recommendation from the Building Trades Board for condemnation of dilapidated building at 205 N. Duncan. Steve Herndon, Property Maintenance Supervisor, reviewed the condition of the property located at 205 N. Duncan and stated the structure constituted a detriment or hazard and the property would be benefited by the removal of the building. Staff stated property owners, Patrick J. and Joann B. Quirk, were first notified by staff in October 1999 regarding the condition of the structure. Hearings held by the Building Trades Board were reviewed. Rex Mott, Fire Marshal, advised the Fire Department, based on an inspection, supported the recommendation of the Building Trades Board to declare the structure dilapidated. Mayor Brown opened the meeting for comments from the property owner. Patrick Quirk stated the property had been removed from the rental market approximately five years ago. Comments were made regarding efforts clean and rehabilitate the property following notification of code violations. City Attorney Karns and Mr. Quirk discussed the appeal process. Dusty Lane, 1720 N. Washington, Building Trades Board Chair, reviewed membership of the board and their efforts to work with property owners. Staff recommended the structure be declared dilapidated and to order the property owners to remove the structure within forty-five days. SCC 02/26/01 Regular Meeting Page 4 MOTION BY LACY, SECOND BY CLEVELAND TO DECLARE THE STRUCTURE LOCATED AT 205 N. DUNCAN AS DILAPIDATED AND TO ORDER THE STRUCTURE REMOVED ON OR BEFORE APRIL 12, 2001, AND TO AUTHORIZE STAFF TO PROCEED WITH REMOVAL OF THE STRUCTURE, AT THE PROPERTY OWNER’S EXPENSE, IF NOT REMOVED BY SAID DATE. ROLL CALL VOTE: YEA – BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. b) Receive report comparing permit fees in Stillwater and Edmond. Derek Ligon, Assistant City Planner, presented the results of a study to compare permit fees in Stillwater and Edmond. The study focused on fees levied from the platting stage through the development stage. The study assumed the subdivision would be 41.34 acres, include 99 lots, and all houses would be 2500 square feet, with identical power sources, lawn sprinkler systems, and each would be fenced. Staff reviewed the fees as identified in the report. Comments were made regarding per acre water line fees, capital improvement fees, and calculation methods for inspection fees. Staff suggested consideration be given to reinspection fees. It was noted fees to a subdivision developer were greater in Stillwater with contractor fees greater in Edmond. Average per lot fees of $1,369.15 for Edmond and $787.96 for Stillwater were reflected in the study. City Manager Weinaug stated the study was not an effort to justify increasing rates in Stillwater, but only to address the issue of City of Stillwater rates being comparable to other cities. Appreciation was expressed to staff for the report preparation and presentation. 9. REPORTS FROM OFFICERS AND BOARDS a) Miscellaneous items from the City Attorney – City Attorney Karns advised an executive session would not be required at this time for the purpose of confidential communication between the commission and its attorney and possible action pursuant to 25 O.S. 307(B)(4) Claims, Litigation. b) Miscellaneous items from the City Manager – None. c) Miscellaneous items from the City Commission – Commissioner McMillian commented on the candidate forum hosted by the Stillwater League of Women Voters on Thursday, March 1, 2001 at the Library. It was also noted that the Stillwater Art Guild was having an art show Sunday in the Community Center. Commissioner Thomas advised the tape of the Drugs Task Force meth lab presentation last week was available. Mayor Brown read a letter from the Molten, Alabama Police Chief that expressed appreciation for Stillwater Police Officers, Jeff Watts, Shannon Jordan, and Mike Jenkins, that attended the funeral of Megan Harris that died as a result of a plane crash in Stillwater on Thanksgiving Day. Citizens were reminded to vote in the March 6, 2001 primary election. Comments were made regarding the Community Center presentation of the Beatles recreation musical group, “Come Together” on Friday, March 2, 2001. Caution was also urged regarding the installation of new traffic signals on Highway 51 at Sangre Road and Country Club Road. A letter from Ron Beer, President of Payne County Habitat for Humanity, was read expressing appreciation for assistance given by Community Development staff, Shannon Townsend and Derek Ligon. The Little Shop of Flowers was recognized for providing the floral arrangement for the meeting. 10. NEW BUSINESS None. 11. ADDITIONS, CORRECTIONS, QUESTIONS SCC 02/26/01 Regular Meeting Page 5 None. 12. RECESS TO SUA & SPGA The meeting did not recess. 13. EXECUTIVE SESSION a) Consideration and possible action relating to tort claim of Grace Garrett. An executive session was not held. 14. ADJOURN MOTION BY CLEVELAND, SECOND BY LACY TO ADJOURN THE FEBRUARY 26, 2001 REGULAR MEETING OF THE STILLWATER CITY COMMISSION. ROLL CALL VOTE: YEA - BROWN, LACY, CLEVELAND, THOMAS, MCMILLIAN. NAY - NONE. THE MOTION CARRIED WITH FIVE YEA VOTES. The meeting adjourned at 9:12 p.m. ___________________________ LARRY R. BROWN, MAYOR _________________________________ CLARA WELCH, DEPUTY CITY CLERK