City Council

EL RENO CITY COUNCIL REGULAR MEETING OF TUESDAY – JANUARY 09, 2024 – 5:30 P.M. EL RENO CITY COUNCIL CHAMBERS 101 N. CHOCTAW AVENUE – EL RENO, OKLAHOMA MINUTES A CALL MEETING TO ORDER Mayor Jensen called the meeting to order at 5:38pm. B ROLL CALL Present: Amy Neathery, Council Member, Ward 1 Pete Stapperfend, Council Member, Ward 2 David Black, Vice-Mayor, Ward 3 Dr. Brian Shafer, Council Member, Ward 4 Steve Jensen, Mayor Staff Present: Ken Brown, Police Chief James Moore, Broadband Amy Smith, Field Superintendent Tim Young, Assistant City Manager/Finance Director Matt Sandidge, City Manager Zachary McLemore, I.T. Director Lindsey Grigg-Moak, City Clerk Katie Gore, Administrative Services Director Kirk Dickerson, Asst. Police Chief Jana Knott, Bass Law/City Attorney Chris Smith, Utilities Superintendent Bailey Kinnimer, Airpark Manager Hesston Lierle, I.T. Karen Fowler, City Treasurer Others Present: Ray Dyer, El Reno Tribune Samantha Roach, Faith Family Tony Rivera C RECOGNITIONS, AWARDS, PROCLAMATONS & PRESENTATIONS D NEW BUSINESS, DELETIONS OR CONTINUANCES TO THE AGENDA E NOMINATIONS & APPOINTMENTS • Nomination and appointment of one (1) member for the remainder of a three-year term set to expire June of 2026 to serve on the El Reno Municipal Planning Commission. Item pulled from the agenda.  Page 2 of 6 Minutes of El Reno City Council Regular Meeting of January 09, 2024 • Nomination and appointment of one (1) Council Member/Mayor to the El Reno Convention and Visitor(s) board for a term set to expire in November, 2024. Neathery MOVED, SECONDED by Jensen to appoint David Black to the El Reno Convention and Visitor(s) Board term to expire November, 2024. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. • Nomination and appointment of one (1) Member as Primary and two (2) as Alternates on the ACOG Board of Directors, the ACOG 9-1-1 Board of Directors, and ACOG MPO Policy Committee and on the Garber- Wellington Board of Directors for a one-year term set to expire November 2024. Black MOVED, SECONDED by Shafer to appoint Amy Neather as primary term expiring November, 2024 to all of the above mentioned ACOG boards. Jensen MOVED, SECONDED by Shafer to appoint David Black as Alternate No. 1 term expiring November, 2024 to all of the above mentioned ACOG boards. Black MOVED, SECONDED by Shafer to appoint Steve Jensen as Alternate No. 2 term expiring November, 2024 to all of the above mentioned ACOG boards. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. F CONSENT AGENDA: The following items are considered to be routine by the El Reno City Council and will be enacted with one motion. Should discussion be desired on any item, that item will be removed from the Consent Agenda and considered separately: The City Manager recommends one motion that will approve: 1. Approval of minutes of the December 12, 2023 Regular Meeting. 2. Acknowledge the approval of Ordinance No. 9341; an ordinance amending Chapter Three Hundred Sixty-One (361), Section Seventeen (17) and Chapter Three Hundred Twelve (312), Section Thirty-Three (33); of the El Reno Code of Ordinances adding language regarding residential fencing along streets and highways, amending and repealing conflicting sections; providing for severability and declaring an emergency (originally approved with Emergency on 12-12-23, acknowledged as approved for publication purposes only).  Page 3 of 6 Minutes of El Reno City Council Regular Meeting of January 09, 2024 3. Acknowledge the approval of Ordinance No. 9343; an ordinance amending the Code of Ordinances of the City of El Reno, Oklahoma; Code Chapter Twenty-Eight (28), Section Forty-Five (45), having to do with citizen complaints; amending and repealing conflicting sections; providing for severability and declaring an emergency (originally approved with Emergency on 12-12-23, acknowledged as approved for publication purposes only). 4. Approval of Resolution No. 24-040; a resolution of the City Council of the City of El Reno supporting the National Fitness Campaign led by the Cheyenne & Arapaho Tribes. 5. Approval of Budget Amendments for the Fiscal Year 2023-2024, ending June 30, 2024. Neathery MOVED, SECONDED by Black to approve items 1-5 of the consent agenda. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. G CONSENT ITEMS PULLED FOR DISCUSSION: Any items pulled from the consent agenda will be discussed and considered with action and/or possible amendments. H AUDIENCE PARTICIPATION: Anyone having an item of business to present to the City Council that DOES NOT appear on the agenda, please come to the podium at this time and state your name. You are requested to limit your presentation to three (3) minutes. Any item being presented MUST pertain to City of El Reno business. The Oklahoma Open Meetings Act prohibits the City Council from taking official action on requests made during this portion of the agenda unless otherwise noted on the agenda. I DISCUSSION ITEMS 6. Discussion, consideration, possible action and/or amendments on Ordinance No. 9342; an ordinance at the request of Cesar Salazar to reclassify the zoning district from Multifamily Residential (R-3) to a Planned Unit Development with a base Multifamily Residential (R-3) District on a tract of approximately 0.3989 acres at 1415 Gabriel Street (tabled from the December 12, 2023 regular meeting). Discussion was held at length between all parties voicing concerns regarding a multitude of items per the city codes. Council requested that some of the concerns be addressed and redone in the PUD before bringing it back for consideration at the February regular meeting. Topics of discussion: Owners Representative: Master Design Statement was revised: Strom shelters permitted and required within the garage of each unit. Also, agreed to a 6-foot cedar fence along the North, East and West boundary being the rear yard within the PUD.  Page 4 of 6 Minutes of El Reno City Council Regular Meeting of January 09, 2024 Wood was removed from the Façade regulations with the intent of a brick veneer product. Clarification that dumpsters are not permitted and each unit will have a polycart. Surrounding area is compatible with a base zoning retained at R3. Stapperfend stated it doesn’t meet code the way it is laid out. If you made a few changes, you could stay in code without an exception. My main concern is the setback. If you went with a fourplex or even lowered the roofline, it could work. Representative: Stated that the driveway was one of the biggest concerns for the PUD. Code would not allow driveways for the proposed build. It is 5 feet from the property line and the work around the seven plex that is there illegally. There will still be a 5-foot setback on their end totaling 10. Jensen stated that the footage of the driveways needs to be extended back to 10 feet. He also mentioned that the preference of placing a sidewalk per code would be something non-negotiable. There was also a request of Columns for the fencing which would be preferred. Representative: There are no other sidewalks in the area and most of the fencing in the area is chain-link. We are maintaining what is currently there and compatible. We would request that the cedar fencing be permitted, it is somewhat an island lacking zero connectivity. We made a concession for the storm shelters and we hope that outweighs a very small sidewalk per code. Using the comprehensive plan and analysis we have of what the plan dictates for 2040 and compatibility of the surrounding area, we believe we meet both criteria with some exceptions. Jensen said he realizes that the Planning Commission passed this for recommendation but does not believe enough questions were asked regarding screening, etc. The Council is and does listen to the Planning Commission recommendations but they also need to look at fencing requirements, screening and veneer before it is passed onto Council in the future. Shafer stated that by right, the development could happen if consistent with R3 codes. You are asking us to go against the code with the concessions offered but if it were narrowed down to fit in the parameters, you wouldn’t have to do the PUD. The major reservation is that it is 17 feet too wide. It is not as good of an investment for the builder but that is not our worry, our worry and concern is for following parameters of the code. Representative: The PUD exceeds code providing a more attractive product, per code there doesn’t have to be driveways or cedar fencing, it could be chain link. The code also permits siding. The PUD sets parameters in stone, it is a way of resolution for a better product that we adhere to. It is more of a tool rather than a document granting exception. Shafer stated that there are reservations. The hope would that without the PUD, the final product would be a beautiful product. Once you make exception, everything is exception. I am not saying it shouldn’t be done, I am saying it is too big. It can be redesigned, it is too wide. (question: why was the seven allowed) and Shafer stated he was not around when that was done. Young stated it was allowed by right in the code when it was built. The current code took its place in the 1980s. The last PUD was probably around 2 years ago.  Page 5 of 6 Minutes of El Reno City Council Regular Meeting of January 09, 2024 Representative stated the unfamiliarity of the last PUD but it shows that there were exceptions granted before this PUD. We hope you would view this more as an asset rather than exceptions. Permitted by right, units such as these do not require a driveway or garage but these will allow for parking alternatives and again the zero connectivity of the sidewalks. We hope you would view these as more of a benefit. Neathery MOVED, SECONDED by Shafer to TABLE ordinance No. 9342. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. J REPORTS: This section is intended for the Mayor, Council Members, City Manager and staff to make announcements concerning municipal or community matters: 1. Mayor Jensen stated that the city is preparing for the weather. 2. City Council Members Neathery said to check on Pets, Loved Ones and Neighbors during the cold weather. Shafer provided a shout out to Mr. Larcher and the time and effort by way of lessons and making a different for the airport. 3. City Manager Sandidge said we are prepared with salt, sand, water, etc. Public safety and law enforcement are ready for the cold weather as well. I would also like to say to the Law Enforcement officials, Thank you on this National Law Enforcement Day. We will be sending out a community-wide poll survey regarding all services provided by the city. 4. Finance & Broadband Reports Young said sales tax is up at $1,309,159.26. Use Tax is at $181,087.22. Hotel/Motel is at $35,539.00 down this month but up by 7% for the year. K EXECUTIVE SESSION; Consider convening into Executive Session for the purpose of the following: Convened at 6:15pm and reconvened at 7:14pm. Neathery MOVED, SECONDED by Shafer to convene in Executive Session. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent.  Page 6 of 6 Minutes of El Reno City Council Regular Meeting of January 09, 2024 Black MOVED, SECONDED by Neathery to Reconvene in Open Session. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. 7. Confidential communication between the City Council and its attorney pursuant to 25 O.S. § 307(B)(4) to discuss the pending class action litigation against 3M Company and E.I. Dupont de Nemours and Company and other defendants involving Per- and Polyfluoroalkyl Substances (PFAS) contamination in In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873, United States District Court, District of South Carolina. 8. Confidential communication between the City Council and its attorney pursuant to 25 O.S. § 307(B)(3) to discuss the purchase and/or appraisal of real properties and take appropriate action in Open Session. No action was taken in Executive Session or Open Session. L ADJOURNMENT Filed in the office of the City Clerk and posted at the west entrance of the El Reno Municipal Building, 101 N. Choctaw and online at www.elrenook.gov at 12:00 (noon) on January 05, 2024. Neathery MOVED, SECONDED by Black to adjourn. VOTE WAS: AYE: Neathery, Stapperfend, Black, Shafer, Jensen NAY: None. ABSTAIN: None. ABSENT: None. Mayor Jensen declared motion CARRIED by a vote of 5 to 0 with 0 absent. The meeting adjourned at 7:14pm. Signed ___________________________ Steve Jensen, Mayor Signed ___________________________ Lindsey Grigg-Moak, City Clerk