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City Council

Regular Meeting

Yukon, OK · May 14, 2024

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Minutes

Yukon City Council Minutes May 14, 2024 The Yukon City Council met in special session on May 14, 2024 at 6: 00 p. m. in the Council Chambers of the Centennial Building, 12 South Fifth Street, Yukon, Oklahoma. The meeting was called to order by Mayor Selby. ROLL CALL: ( Present) Shelli Selby, Mayor Jeff Wootton, Vice- Mayor Adam Shriver, Council Member Rodney Zimmerman, Council Member Brian Pillmore, Council Member OTHERS PRESENT: Tammy Kretchmar, City Manager Doug Shivers, City Clerk Mitchell Hort, Assistant City Manager Jason Beal, Assistant to the City Manager Roger Rinehart, City Attorney Danielle O' Neal, Planning Director Gary Cooper, IT Director Jared Riley, Information Technology Cindi Shivers, HR Director Arnold Adams, Public Works Director Jason Morrill, UB Director John Brown, Deputy Police Chief Sara Scheiman, Librarian Ryan McClure, Park & Rec Director Jerome Brown, Information Technology Julie Shannon, Stormwater Item: Consider a Motion to Accept Nominations for the position of Mayor for a one- year term, and electing the position of Mayor The motion to nominate Council Member Pillmore as Mayor, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Shriver, Pillmore, Zimmerman, Selby, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED Mayor Pillmore put forward a parliamentary rule to limit debate on all remaining items on this evening' s agenda to two ( 2) minutes per speaker and 10 minutes per item in order to ensure we can complete the business of this agenda and move towards our working session on the budget, in consideration of the department heads of the City; seconded by Council Member Wootton. This is a privileged motion, and it is used to set specific limits on the time allowed for debate on a motion or during a meeting. The motion must be seconded but is not debatable, and requires a two- thirds vote for adoption. The vote: AYES: Pillmore, Wootton, Shriver, Zimmerman NAYS: Selby VOTE: 4- 1 MOTION CARRIED Item: Consider a Motion to Accept Nominations for the position of Vice- Mayor for a one- year term, and electing the position of Vice- Mayor The motion to nominate Council Member Wootton as Vice- Mayor, was made by Council Member Zimmerman and was seconded by Council Member Shriver. The vote: AYES: Zimmerman, Pillmore, Shriver, Wootton NAYS: Selby VOTE: 4- 1 MOTION CARRIED City Council Special Meeting Minutes - May 14, 2024 Page 2 1. Consider a motion to purchase of new 2025 Peterbilt Wittke Front Loader, purchased off State Contract SW0197 from J& R Equipment, LLC, in the amount of $ 426, 547. 00, to be paid out of the FY 2023- 2024 Sanitation Capital Budget The motion to purchase a new 2025 Peterbilt Wittke Front Loader, purchased off State Contract SW0197 from J& R Equipment, LLC, in the amount of $ 426, 547. 00, to be paid out of the FY 2023- 2024 Sanitation Capital Budget, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Shriver, Selby, Wootton, Zimmerman, Pillmore NAYS: None VOTE: 5- 0 MOTION CARRIED 2. Consider a motion to approve Council Member Pillmore' s appointments for Ward 3 seats: A. Steven Jones, Planning Commission B. Carrie Sharp, Park Board The motion to approve Council Member Pillmore' s appointments for Ward 3 seats, Steven Jones, Planning Commission and Carrie Sharp, Park Board, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Wootton, Zimmerman, Selby, Pillmore, Shriver NAYS: None VOTE: 5- 0 MOTION CARRIED 3. Consider a motion to approve Council Member Wootton' s appointment to the Traffic Commission of Clark Wrather At- Large seat The motion to approve Council Member Wootton' s appointment to the Traffic Commission of Clark Wrather At- Large seat, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Selby, Zimmerman, Shriver, Pillmore, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 4. Consider a motion to approve Ordinance No. 1450, an ordinance of the City Council of the City of Yukon, Oklahoma adding Chapter 216 " Fair Housing" to the Yukon Municipal Code and adding Article I. - Fair Housing with new sections 216- 1 and 216- 11. Adopting a Fair Housing Ordinance to secure for all people equal access to housing in all neighborhoods; repealing ordinances in conflict; providing severability; and declaring an emergency The motion to approve Ordinance No. 1450, an ordinance of the City Council of the City of Yukon, Oklahoma adding Chapter 216 " Fair Housing" to the Yukon Municipal Code and adding Article I. - Fair Housing with new sections 216- 1 and 216- 11 . Adopting a Fair Housing Ordinance to secure for all people equal access to housing in all neighborhoods; repealing ordinances in conflict; providing severability; and declaring an emergency, was made by Council Member Wootton but there was no second. This motion dies. 4a. Consider approving the Emergency Clause for Ordinance No. 1450 This item was pulled due to item 4 not passing. City Council Special Meeting Minutes - May 14, 2024 Page 3 5. Consider convening into Executive Session pursuant to Oklahoma Statutes Title 25 Section 307 B1, to discuss employment status of the City Manager Tammy Kretchmar, and take appropriate action in Open Session The motion to convene into Executive Session pursuant to Oklahoma Statutes Title 25 Section 307 B1, to discuss employment status of the City Manager Tammy Kretchmar, and take appropriate action in Open Session, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Pillmore, Zimmerman, Wootton, Shriver NAYS: Selby VOTE: 4- 1 MOTION CARRIED 6. Consider a motion to reconvene from Executive Session The motion to reconvene from Executive Session, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Zimmerman, Pillmore, Selby, Wootton, Shriver NAYS: None VOTE: 5- 0 MOTION CARRIED Mayor Pillmore read the minutes from Executive Session. 7. Consider a motion for possible action resulting from the Executive Session The motion to terminate the contract of the City Manager immediately without cause under section 6 of the employment contract dated the first day of February 2022, between the City of Yukon, Yukon Municipal Authority and Tammy Kretchmar, was made by Council Member Wootton and seconded by Council Member Pillmore. Council Member Selby would like to know on what grounds. Mayor Pillmore said no cause. Council Member Selby asked what is this going to cost the City of Yukon. Mayor Pillmore said around $ 175K, due to Ms. Kretchmar' s contract she is owed 12 months' severance. Dwayne Maxey, 116 Vine, said in a matter of one night you have successfully got both women in this town with any power out of here in one night. I' ve sat there for 16 years and I' m not sure what you are doing but you aren' t doing it right. Preston Spicer, 13500 W Wilshire Blvd., said putting a time limit on this is asinine and an infringement of the community' s right to have discussion about the item. The fact that you are doing this without cause is suspicious and is opening up the City to a lawsuit. You are wasting taxpayers' money by firing her and having to hire a new City Manager. Additionally, Mr. Shriver, I' ve spoken to you on the phone about an incident, Tammy handled that incident very well and made changes to protect my family. You are trying to remove somebody who is there to keep families safe. This is deeply concerning. Jodi Pendelton, 13460 W Wilshire, has also emailed several of the members and only heard back from Council Member Shriver. She said you were barely out of the room for three minutes; this looks like a witch hunt and it seems like people only got on the Council to make this happen and that is very concerning. This is concerning and embarrassing. If you don' t like the direction the City is going, you get on a Council to change things and steer it in the direction you would like it to go, you don' t fire somebody. City Council Special Meeting Minutes - May 14, 2024 Page 4 Nick Grba, 932 Majestic, Mr. Shriver you are brand new, Council Member Zimmerman has been on two years, Council Member Pillmore this is your first meeting, and Council Member Wootton you' ve been here for four years. We have some new people on the Council and the very first thing you are going to take up is getting rid of a person who has served this community for 27 years with no cause, and are you willing to deal with the repercussions of that. If you are going to make actions like this against the voices of your community, you better be ready for the repercussions. Council Member Selby mentioned the awards that Ms. Kretchmar has been awarded, and asked who will come to this City to be the City Manager if you fire without cause. Mr. Grba also pointed out that the last time we hired a City Manager from outside the Community, it was a disaster. Now we are already starting in the hole. Patrick McClung, 986 Castlebury Mansion, stated I' m a local business owner and I don' t always agree with Tammy but we both love this City. These are elected officials, and you were elected by the heart of the City. I want to remind the Council Members to make decisions based on the people that elected you and the heart of the City. Judie Ritz, 13590 W Wilshire, stated Tammy has 28 years of experience from this City, how many years combined do you as Council Members have? It' s not even close to her experience. To come in here and fire her without cause, costs us as money as taxpayers and you did not give your constituents enough time to let you know their opinion. You are supposed to be their voice and now you made a decision without even asking them. This town was just starting to look good. Cary Provence, 1305 Twilight Terr., said I don' t believe any of you campaigned on the promise of terminating the City Manager and at the first meeting, this reeks of cronyism and collusion. This isn' t going to be good for the City and whatever your plan is for the City isn' t a good one. Nobody can do their job effectively with the threat of termination at any moment. If you want to do what is right for this City, support the City Manager and let her work to do that. Denny Meyers, 1 148 Dawn, believes that Tammy has been a great City Manager. He said I served for two terms, and I worked around Tammy every day. She has been outstanding in every respect. It' s a mistake to get rid of her. The vote: AYES: Wootton, Zimmerman, Pillmore NAYS: Selby, Shriver VOTE: 3- 2 MOTION CARRIED 8. Adjournment rian Pillmore, Mayor 4I OKI. AHO" to Z V Doug • A. Shivers, City Clerk II q9 _ j!", rUKON o' A

Agenda

CITY COUNCIL AGENDA May 14, 2024 ***Special Meeting*** Shelli Selby, Mayor ~ Ward 2 Jeff Wootton, Vice Mayor ~ At-Large Rodney Zimmerman, Council Member ~ Ward 1 Brian Pillmore, Council Member ~ Ward 3 Adam Shriver, Council Member ~ Ward 4 Tammy Kretchmar, City Manager City Council - Municipal Authority Agendas May 14, 2024 – 6:00 p.m. Council Chambers - Centennial Building 12 South Fifth Street, Yukon, Oklahoma ***Special Meeting*** The City of Yukon strives to accommodate the needs of all citizens, including those who may be disabled. If you would like to attend this Council meeting but find it difficult to do so because of a disability or architectural barrier, please contact City Hall at 354-1895. We will make a sincere attempt to resolve the problem. If you require a sign-language interpreter at the meeting, please call or notify City Hall, 500 West Main, by noon, May 10, 2024. Call to Order: Shelli Selby, Mayor Roll Call: Shelli Selby, Mayor Jeff Wootton, Vice Mayor Adam Shriver, Council Member Rodney Zimmerman, Council Member Brian Pillmore, Council Member Item: Consider a Motion to Accept Nominations for the position of Mayor for a one- year term, and electing the position of Mayor ACTION____________________________________________________________________________ Item: Consider a Motion to Accept Nominations for the position of Vice-Mayor for a one-year term, and electing the position of Vice-Mayor ACTION____________________________________________________________________________ 1. Consider a motion to purchase a new 2025 Peterbilt Wittke Front Loader, purchased off State Contract SW0197 from J&R Equipment, LLC, in the amount of $426,547.00, to be paid out of the FY 2023-2024 Sanitation Capital Budget ACTION____________________________________________________________________________ 2. Consider a motion to approve Council Member Pillmore’s appointments for Ward 3 seats: A) Steven Jones, Planning Commission B) Carrie Sharp, Park Board ACTION____________________________________________________________________________ Special Meeting Council Agenda – May 14, 2024 Page 2 3. Consider a motion to approve Council Member Wootton’s appointment to the Traffic Commission of Clark Wrather At-Large seat ACTION____________________________________________________________________________ 4. Consider a motion to approve Ordinance No. 1450, an ordinance of the City Council of the City of Yukon, Oklahoma adding Chapter 216 “Fair Housing” to the Yukon Municipal Code and adding Article I. – Fair Housing with new sections 216-1 and 216-11. Adopting a Fair Housing Ordinance to secure for all people equal access to housing in all neighborhoods; repealing ordinances in conflict; providing for severability; and declaring an emergency ACTION____________________________________________________________________________ 4a. Consider approving the Emergency Clause for Ordinance No. 1450 ACTION________________________________________________________________________ 5. Consider convening into Executive Session pursuant to Oklahoma Statutes Title 25 Section 307 B1, to discuss employment status of the City Manager Tammy Kretchmar, and take appropriate action in Open Session ACTION______________________________________________________________________ 6. Consider a motion to reconvene from Executive Session ACTION______________________________________________________________________ 7. Consider a motion for possible action resulting from the Executive Session ACTION______________________________________________________________________ 8. Adjournment Approximately fifteen minutes after the conclusion of this meeting, the City Council will reconvene at the Yukon Police Department to begin a Special Study Session for discussion of the Fiscal Year 2025 City of Yukon budget. The Special Study Session agenda is posted under separate notice. 1 CITY OF YUKON MEMORANDUM DATE: May 7, 2024 TO: Honorable Mayor and City Council FROM: Arnold Adams / Public Works Director SUBJECT: Agenda Item – Emergency Purchase; 2025 Front Loader MEMORANDUM Honorable Mayor and City Council, I would like to request your approval for the emergency purchase of a new 2025 Peterbilt Wittke Front Loader. The 2025 Peterbilt Wittke Front Loader is to be purchased off State Contract SW0197 from J&R Equipment, LLC, in Oklahoma City, in the amount of $426,547.00. The total cost of the 2024 Peterbilt Wittke Front Loader is $426,547.00 to be paid out of the FY 2023-2024 Sanitation Capital Budget. Wittke Body Price $170,910.00 Surcharge/Freight/Linex $19,740.00 2025 Peterbilt 520 $235,897.00 ____________ State Contract SW0197 Pricing $426,547.00 City of Yukon | P. O. Box 850500 | Yukon, OK 73085 �labrie SALES ORDER ACKNOWLEDGEMENT FORM Quote#/ SO#/ Co# Reference# Sales Order Date N/A / 10 5892 / 2500 2023-10 -11 Price List / Currency PO# 20 24-A / USD JR10923FEL Regional Sales Manager Customer Service Rep. Product Specialist Steve DeGeorge Tracie Mauthe Francois Leblond Opportunity Type Carrier Departure Region Standard Customer Pickup San Luis, AZ, US SHIP TO END CLIENT J & R Equipment LLC J & R Equipment LLC 8800 SW 8th St 8800 SW 8th St dba J&R Environmental Trucks dba J&R Environmental Trucks Oklahoma City, OK Oklahoma City, OK 73128 73128 United States United States Email: Email: Phone: Phone: 40 5-495-5110 CHASSIS INFORMATION Chassis Provided By: Supplied by Customer Engine Make: Paccar Chassis Manufacturer: Peterbilt Engine Model: PX-9 Chassis Model: 520 PB Engine Power: 380 HP Cab Style: Cab Over Engine Torque: 1250 LB-FT @ 1200 RPM Drivetrain: 6X4 Transmission Make: Allison Auxiliary Axle: Without Auxiliary Axle Transmission Model: RDS 4000 Series WTEC 4 & 5 CNG System Upon Arrival: Without Transmission Type: Automatic Transmission Driving Configuration at Delivery: Sit-Down from Company on Streetside Only Chassis Delivery Address: Mexico: 919 Urtuzuastegui St., San Luis, AZ 85349 COLOR INFORMATION Cab Color: White from Factory Cab Color Code: L0006 Body Color: White Body Color Code: N0006 Chassis Color: Black from Factory Chassis Color Code: Color Code NOT Required Paint Scheme Number: Without Match Cab: Yes CARTS INFORMATION Cart Make: Without or NOT Required Cart Type: Without or NOT Required Cart Capacity: Without or NOT Required BODY CONFIGURATION Body Model: WITTKE Total Capacity: 40yd3 (34+6) Arm Model: SuperDuty Body Capacity: 34yd3 Body Type: Factory Mounted Tailgate Capacity: 6yd3 Body Division: Without Divison I OPTIONS # Category Option I Description 2 Lifting AALC-0050 I Arm Lifting Capacity: 10,000 lbs 3 Lifting ADVD-STD01 I Deceleration Valve on Arms Up Movement 4 Lifting BBCS-0000 I Canopy Sweeper 5 Lifting AFST-STD02 I Forks Thickness 1-1/2" 2024-02-22 15:53.38 1/ 4 Initials: �labrie SALES ORDER ACKNOWLEDGEMENT FORM Quote#/ SO#/ Co# Reference# Sales Order Date N/A/ 105892/ 2500 2023-10-11 Price List/ Currency PO# Seller Labrie Environmental Group 2024-A/ USD JR10923FEL Phone : 418-831-8250 175-B Rte Marie Victorin Regional Sales Manager Product Specialist Toll-Free : 1-800-463-6638 Levis, Quebec Website : www.labriegroup.com Steve DeGeorge Francois Leblond Canada G7A2T3 Opportunity Type Departure Region Standard San Luis, AZ, US # Category Option I Description 6 Hopper Area BSWS-0030 I Chromium Carbide Packer Shoes and Rails 7 Hopper Area BSHD-STD01 110 Ga Steel Reinforced Sliding Top Door 8 Hopper Area BBEH-6760 I Heavy Duty 3/16" Thick Extended Hopper Wind Flanges # Category Option I Description 9 Consoles & Controls AAJC-0091 I Pneumatic Control with 1 handle (Arms & Forks) # Category Option I Description 10 Hydraulic HPSO-7330 I Automatic Pump shutoff at 40 km/h- 25 mph 11 Hydraulic HCON-STD01 I JIG 12 Hydraulic HHSP-STD01 I Nylon Protective Sleeves on all Hydraulic Hoses 13 Hydraulic CCPM-0091 I Single Pump Denison T6D (Front) 14 Hydraulic CHFT-STD02 I Hydraulic Tank Mounted on Chassis 15 Hydraulic HBCV-STD01 I Body Valve on Body Streetside Wall 16 Hydraulic EBCV-STD01 I Pneumatic Over Hydraulic Body Main Valve # Category Option I Description 17 Accessories BSAD-STD01 I Access Door with Hinges 18 Accessories BCOT-STD01 I Broom and Shovel Behind Packer 19 Accessories BBTS-STD01 I Standard Tailgate Seal # Category Option I Description 20 Lighting LLPA-0010 I Add. Lights on Tg.: 2/3 Lightbar+ Central Brake Light+ Multifunctions Lights (4)(X Pattern) 21 Lighting LBLF-0010 I Work Light under Canopy - LED (2) 22 Lighting LBLH-0005IWork Light Hopper Streetside - LED (1) 23 Lighting LSLA-0020 I Strobe Light Beacon Style on Tg. over Upper S/T/T Lights (If Appl.)Centered - Whelen L10HAP (1) # Category Option I Description 24 Electronic CCCC-0105IQuintuple Envirolink Cameras (5)With Heater/Without Shutter 25 Electronic CL01-0000 I Tailgate Center 2/3 (1)- Pointing Back 26 Electronic CL04-0000 I Hopper Streetside (4)- Pointing Curbside 27 Electronic CL11-0000 I Tailgate Streetside 2/3 (11)- Pointing Streetside Alley 28 Electronic CL12-0000 I Tailgate Curbside 2/3 (12)- Pointing Curbside Alley 29 Electronic CL16-0000 I Mirror Curbside (16)- Pointing Back 30 Electronic CCCM-INC11 I Envirolink 7" Color Monitor (Included in Camera System Base Price) 31 Electronic CCML-INC01 I On Ceiling, Centered, Near the Windshield (If Possible) 32 Electronic CCMM-STD01 I Monitor Mounting Brackets for Labrie Standard Installation 33 Electronic CPTA-7011 I Curbside Mirror Camera (16)Activated by Right Turn Signal Only 34 Electronic EICB-0000 I Autopack # Category Option I Description 35 Electrical ESYV-STD01I12V Body Electrical System 2024-02-22 15:53.38 2/ 4 Initials: �labrie SALES ORDER ACKNOWLEDGEMENT FORM Quote#/ SO#/ Co# Reference# Sales Order Date N/A/ 105892 / 2500 2023-10-11 Price List / Currency Terms PO# Seller Labrie Environmental Group 2024-A/ USD JR10923FEL Phone : 418-831-8250 175-B Rte Marie Victorin Regional Sales Manager Customer Service Rep. Product Specialist Toll-Free : 1-800-463-6638 Levis, Quebec Website : www.labriegroup.com Steve DeGeorge Tracie Mauthe Francois Leblond Canada G7A2T3 Opportunity Type Carrier Departure Region Standard Customer Pickup San Luis, AZ, US # Category Option I Description 36 Service & Maintenance BPGB-0020 I Ground Level Grease Point for Packer Cylinders - Body Front Wall Side (Centralized) 37 Service & Maintenance BCGB-0000 I Ground Level Grease Points for Packer Cylinders - Packer Side (Centralized) 38 Service & Maintenance BALS-0020 I Ground Level Grease Point for Tailgate (Centralized) 39 Service & Maintenance BMLS-0050 I Body Service Hoist # Category Option I Description 40 Structure, Liners & Materials BSDF-STD01 I Superduty Floor 41 Structure, Liners & Materials BWBT-0010 I Additional Continuous Welding on Body (Specific Locations) # Category Option I Description 42 Unit Appearance PCBP-STD01 I Urethane Body Paint 43 Unit Appearance UAPP-STD01 I One (1) Coat of Urethane Primer 44 Unit Appearance BASA-STD01 I Rubber Mud Guards - Rear of Rear Axle 45 Unit Appearance BASN-STD02 I Mud Guards with Wittke Logo 46 Unit Appearance BODL-STD01 I Informative Decals English # Category Option I Description I 47 Chassis CFTD-STD01 I Diesel Tank from Company or CNG/Electric I NON-STANDARD OPTIONS COMMENTS BEWA-0901 - PLAN A1 - Add 1 year on body & hydraulics for a total of 2 years (PARTS AND LABOR) SW 197 Wittke Body Price $170,910.00 Surcharge /Freight/Linex on canopy and top of cab $19,740.00 2025 Peterbilt 520 per attached specs with 5yr engine ,aftertreatment , transmission and 2 yr towing $235,897.00 State Contract SW 197 Pricing Total $426,547.00 2024-02-22 15:53.38 3/ 4 Initials: �labrie SALES ORDER ACKNOWLEDGEMENT FORM Quote#/ SO#/ Co# Reference# Sales Order Date N/A/ 105892/ 2500 2023-10-11 Price List/ Currency PO# Seller Labrie Environmental Group 2024-A/ USD JR10923FEL Phone : 418-831-8250 175-B Rte Marie Victorin Regional Sales Manager Customer Service Rep. Product Specialist Toll-Free : 1-800-463-6638 Levis, Quebec Website : www.labriegroup.com Steve DeGeorge Tracie Mauthe Francois Leblond Canada G7A2T3 Opportunity Type Carrier Departure Region Standard Customer Pickup San Luis, AZ, US I lncoterms: DAP 7<odMefj Womack Labrie Representative: Customer: J & R Equipment LLC 2024-02-22 15:53.38 4/ 4 Initials: 2 3 4 DATE: April 9, 2024 FROM: Danielle O’Neal, Assistant Planning Director TO: Madam Mayor and City Council RE: Agenda Item for April 16th City Council Meeting: Recommendation for approval from the Planning Commission for adoption of a Fair Housing Ordinance by establishing Chapter 216 Fair Housing. MEMORANDUM Attached please find the minutes from the April 8, 2024 Planning Commission meeting that includes a recommendation to approve an ordinance by establishing Chapter 216, Fair Housing. The ordinance is also attached. P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov ORDINANCE NO. 1450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUKON, OKLAHOMA ADDING CHAPTER 216 “FAIR HOUSING” TO THE YUKON MUNICIPAL CODE AND ADDING ARTICLE I. – FAIR HOUSING WITH NEW SECTIONS 216-1 and 216-11. ADOPTING A FAIR HOUSING ORDINANCE TO SECURE FOR ALL PEOPLE EQUAL ACCESS TO HOUSING IN ALL NEIGHBORHOODS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City Council desires to adopt and implement a fair housing ordinance that would help secure for all people equal access to housing in all neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YUKON, OKLAHOMA THAT CHAPTER 216 “FAIR HOUSING”, ARTICLE X. – FAIR HOUSING, SECTIONS 216-1 THROUGH 216-11 SHALL BE ADDDED TO THE YUKON MUNICIPAL CODE TO READ AS FOLLOWS: CHAPTER 216 – FAIR HOUSING ARTICLE X. – FAIR HOUSING Sec. 216-1. – Article I – Purpose and Construction Whereas, equal access to housing in all neighborhoods in peaceful and orderly fashion is the right of all people and promotes the public safety, health and welfare in the City of Yukon, Oklahoma; the general purposes of this Chapter are: (A) To secure for all people equal access to housing in all neighborhoods; (B) To preserve public health, safety and welfare. Sec. 216-2. – Definitions. [As used in this chapter, the following words and terms shall have the meaning ascribed thereto:] “Discriminatory housing practice” means an act that is unlawful under the following sections. “Dwelling” means any building, structure or portion thereof which is occupied as, or designed for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon any such building, structure or portion thereof. “Family” includes a single individual. “Person” includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. “To rent” includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises owned by the occupant. “Handicap” means with respect to a person – a. A physical or mental impairment which substantially limits one or more of such person’s major life activities, b. A record of having such an impairment, or c. Being regarded as having such an impairment, But such term does not include current, illegal use of or addiction to a controlled substance. “Aggrieved person” includes any person who – a. Claims to have been injured by a discriminatory housing practice; or b. Believes that such a person will be injured by a discriminatory housing practice that is about to occur. “Complainant” means the person who files a complaint under this section. “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with – a. A parent or another person having legal custody of such individual or individuals; or b. The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. Sec. 216-3. – Housing Discrimination Acts Prohibited. It shall be unlawful for any person, real estate broker, real estate salesperson or agent, or other entity whose business includes engaging in residential real estate related transactions: (A) To refuse to sell or rent after making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex (including gender identity and sexual orientation), familial status, handicap or national origin. (B) To refuse to negotiate with any person for the sale, rental or leasing of any residential property. (C) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, handicap or national origin. (D) To make, print or publish, or cause to be made printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex (including gender identity and sexual orientation), handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination. (E) To represent to any person because of race, color, religion, sex (including gender identity and sexual orientation), handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (F) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex (including gender identity and sexual orientation), handicap, familial status or national origin. (G) To discriminate in the sale or rental, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: a. A buyer or renter; b. A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or c. Any person associated with that buyer or renter. (H) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: a. That person; b. A person residing or intending to reside in that dwelling after it is so sold, rented or made available; or c. Any person associated with that person. (I) For purposes of this subsection, discrimination includes: a. A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, except for reasonable wear and tear; or b. A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. (J) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (K) To file a complaint alleging a violation of this chapter, with knowledge that such complaint is false in any material respect, or to file such complaint for purpose of harassment. Sec. 216-4. – Discrimination in the financing of housing. It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against a person in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex (including gender identity and sexual orientation), national origin, handicap, or familial status of such person or of any person associated with such person in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Sec. 216-5. – Discrimination in the provision of brokerage services. It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, rental or facility related to the business of selling or renting dwellings, or to discriminate against a person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex (including gender identity and sexual orientation), national origin, handicap, or familial status. Sec. 216-6. – Exceptions. (A) Nothing in this article shall prohibit a religious organization, association, society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this article apply to a private membership club which is a bona fide club, and which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954: (1) Prohibit a religious organization, association, society or nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from: (a) Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to person of the same religion, or (b) Giving preference to persons of same religion, unless membership in the religion is restricted because of race, color or national origin; or (2) Prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (B) Nothing provided for in this article relating to familial status applies to housing for older persons. As used in this section, “housing for older persons” means housing: (1) That the Attorney General’s Office of Civil Rights Enforcement determines is specifically designed and operated to assist elderly persons pursuant to a federal or state program; (2) Intended for and solely occupied by persons sixty-two (62) years of age or older; or (3) Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit as determined by rules of the Attorney General’s Office of Civil Rights Enforcement. (C) Nothing provided in this article shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors of than race, color, age, religion, gender, disability, familial status or national origin. (D) Nothing provided in this article shall affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards. (E) Nothing provided for in this article shall prevent or restrict the sale, lease, rental, transfer or development of housing designed or intended for the use of the disabled. (F) Nothing provided for in this article shall affect the requirement of nondiscrimination in any other state or federal law. (G) Nothing provided for in this article shall prohibit the transfer of property by will, interstate succession or by gift. Sec. 216-11. – Penalty. It shall be unlawful and constitute an offense for any person to violate any of the provisions of this chapter, and any person found guilty of violating any provisions shall be deemed guilty of an offense, and upon conviction shall be punished fines as set forth in the City of Yukon ordinance plus costs, and each day that an act or omission is continued shall constitute a violation of this chapter, and be construed as a separate offense. IT BEING IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY OF THE CITY YUKON, OKLAHOMA, AND THE INHABITANTS THEREOF, AN EMERGENCY IS HEREBY DECLARED TO EXIST. BY REASON WHEREOF IT IS NECESSARY THAT THIS ORDINANCE SHALL GO INTO FULL EFFECT AND BE OF FORCE IMMEDIATELY UPON ITS PASSAGE AND PUBLICATION. PASSED AND APPROVED at the regular meeting of the City Council of the City of Yukon, Oklahoma and duly signed by the Mayor this _______ day of _________________, 2024. ____________________________________ MAYOR ATTEST: ____________________________________ CITY CLERK APPROVED AS TO LEGAL FORM THIS_____ DAY OF _______________, 2024. ____________________________________ CITY ATTORNEY CITY OF YUKON PLANNING STAFF REPORT DATE: March 28, 2024 TO: Planning Commission FROM: Danielle O’Neal, Assistant Planning Director SUBJECT: Discussion, Consideration and Possible Action to adopt a fair housing ordinance UPDATES: Staff went through the exemptions section of the ordinance and updated that section as was discussed at the last meeting. Staff also went through and deleted the creation of a fair housing board. Additionally, staff did add sexual orientation into what could be considered as discrimination. The discussion herein considers the proposed fair housing ordinance and requests a recommendation for approval of Chapter 216, Fair Housing Ordinance. I. PROPOSAL The proposed code provides definitions and regulations to ensure those renting or buying a house within the City of Yukon are treated equally. The proposed ordinance also provides procedures for anyone experiencing unfair housing practices. This will help ensure all residents will have equal access to housing in all neighborhoods. II. LOCATION The proposed ordinance will regulate and define fair housing within the boundaries of Yukon. This ordinance will create a new Chapter within the Code of Ordinances. III. RECOMMENDATION Considering the items listed above and other information provided herein, staff recommends approval of the ordinance that would adopt a fair housing code as described above. IV. DRAFT MOTION (based on recommendation) “We have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that: 1. Recommend approval of the proposed ordinance to add Chapter 216, Fair Housing as written. Or 2. Recommend approval of the proposed ordinance to add Chapter 216, Fair Housing, with the following changes: (state changes) Page 1 of 1 3.ITEM: PC 2024-6 TO HEAR A REQUEST BY DAWSON JACKSON FOR A SPECIAL USE PERMIT TO LOCATE A MANUFACTURED HOME AT 7600 CIMMARON ROAD. Discussion: Dawson Jackson explained his request to be near family and agreed to follow all municipal building codes. Motion: Commissioner Grba stated “In the case of the Special Use Permit application for a manufactured home by Dawson Jackson, we have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that this item be recommended for approval with the following additional condition: The applicant must meet all applicable municipal code and building code regulations. “ Seconded by: Commissioner Clark. The Vote: Ayes: Baker, Grba, Clark Nays: None Vote: 3-0 Motion Carried 4.ITEM: PC 2024-7 DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO RECOMMEND THE ADOPTION OF AN ORDINANCE TO ESTABLISH CHAPTER 216 FAIR HOUSING IN THE YUKON MUNICIPAL CODE. Discussion: Julie Shannon said that there were two major changes from the last time it was heard which was the removal of the fair housing board and clarification of the exemptions section and some clean-up of language. Commissioner Baker said that the item had been sufficiently reviewed and it was not feasible to have boards for every ordinance. Motion: Chairman Baker made a motion to approve as written. Seconded by: Commissioner Clark. The Vote: Ayes: Baker, Grba, Clark Nays: None Vote: 3-0 Motion Carried 5.ITEM NEW BUSINESS None. 6.ITEM OPEN DISCUSSION Chairman Baker said that this would be his last Planning Commission meeting. He thanked staff, other commissioners and City Council woman Donna Yanda for appointing him. 7.ITEM ADJOURNMENT – NEXT MEETING MAY 13, 2024 PLANNING COMMISSION MINUTES APRIL 8, 2024

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