Federal law limits what the city can demand from its only cable provider, but negotiators extracted a local office requirement and financial penalties for service failures
The Stillwater City Council on Monday advanced a 10-year cable television franchise renewal with Optimum — the city's only cable provider — and adopted an ordinance requiring drivers to go hands-free in school and construction zones, while approving several other ordinances and permits at its regular June meeting.
The council's regular meeting at City Hall covered two items that drew brief public discussion before the body moved briskly through the remainder of its agenda in a unanimous series of votes.
Mayor Will Joyce used the first read of Ordinance 3607 — a nonexclusive cable television franchise renewal with Cebridge Acquisition L.P., doing business as Optimum — to explain publicly why the city has limited options in negotiating with the cable provider.
"There's all kinds of federal law that determines how this renewal happens," Joyce said.
The franchise agreement renews Optimum's operating authority in Stillwater for an additional 10 years. The company, which previously operated in the city as Suddenlink and before that as Cox, is the only cable provider serving Stillwater. Joyce acknowledged the city hears complaints about Optimum's service but said federal regulation governs much of the franchise renewal process.
The city attorney's office negotiated several provisions intended to protect residents, according to Joyce. Among them: a requirement that Optimum maintain a local office where customers can address problems in person. Optimum currently operates a local office at 802 E. Sixth Ave. Joyce said the company resisted the requirement to keep one.
"I don't think they really wanted to have a local office," he said.
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The agreement also contains liquidated damages provisions — capped at $30,000 — that the city can pursue if Optimum fails to meet federal customer service standards. The franchise fee is set at 5 percent of gross revenues, consistent with federal law.
Carnley's office drafted the agreement. Joyce credited the city attorney's office for securing the local office requirement and the liquidated damages language, noting the city's leverage is limited under federal law.
Councilor Kevin Clark said his own experience as an Optimum customer has been positive.
"I've had excellent experience with Optimum as they've continued to upgrade their system," Clark said.
Joyce acknowledged both positive and negative feedback exists among residents and said the franchise agreement and federal regulation process provide an avenue for residents to raise service concerns.
The ordinance passed on first read on a 5-0 vote and will return for a second reading.
The council voted 5-0 to adopt Ordinance 3608, which amends city code to prohibit the use of handheld cell phones or communication devices in active school zones and construction zones.
City Attorney Kimberly Carnley clarified how the new law differs from existing texting-and-driving prohibitions. Current state law already bans manually composing, sending, or reading electronic text messages while a vehicle is in motion, Carnley said. The new city ordinance goes further: in designated school and construction zones, drivers must be fully hands-free — meaning they cannot even hold a cell phone or communication device.
"If you're in an active school zone or construction zone, you just must be hands-free," Carnley said.
The fine for violations is $100, the same penalty that applies under the existing texting-and-driving law.
Carnley also addressed a question raised at the previous meeting about why the city was codifying a local provision rather than simply relying on state law. She said city code authorization allows Stillwater police officers to cite violations in city court and prosecute them locally. State law includes specific authority permitting municipalities to enact their own ordinances in this area.
The council adopted Ordinance 3609, amending the city's camping ordinance, on a 5-0 vote. The change shifts the city code from a prohibition on overnight camping to a prohibition on unauthorized camping — language that mirrors a state law provision and allows the city to designate specific areas as off-limits.
The revised ordinance also establishes graduated penalties: a warning and offer of assistance on a first contact, a fine not exceeding $50 on a first conviction, $100 on a second offense, and $200 on a third or subsequent offense. Carnley said the changes were requested by the Stillwater Police Department to improve enforcement capability.
The council approved a specific use permit for the Murray Law Firm at 311 S. Duck St. to install an electronic message center sign, voting 5-0 to accept the Planning Commission's recommendation.
Senior Planner Henry Bibelheimer said the proposed sign retains a static panel bearing the firm's name at the top, with a 4-by-8-foot electronic message center display below. The property sits just south of the southeast corner of Duck Street and Third Avenue and is zoned Transect 5 within the Corridor Redevelopment Area Planning District, which requires a specific use permit for electronic message center signs.
Bibelheimer said the applicant agreed to meet all city code requirements for electronic signs, including auto-dimming when ambient light decreases — a standard intended to protect both drivers and nearby residents. City code also limits the electronic portion to no more than 40 percent of the total sign area; Bibelheimer confirmed the proposed sign meets that threshold when the base is included in the calculation.
Bibelheimer also corrected a statement he had made at the Planning Commission. He initially told commissioners that a waving flag animation would not be permitted on the sign because videos are prohibited — but said he was wrong.
"Videos are allowed as long as they're on a loop of less than 10 seconds," Bibelheimer said. "So just to clarify, that would be allowed in the code."
The clarification drew a light response from Joyce.
"I heard you just don't like American flags," Joyce said jokingly. "Just to be clear, you're perfectly happy with American flags?"
"Yeah, I love them. They're the best," Bibelheimer said.