City Council

Yukon Municipal Authority Minutes June 4, 2024 ROLL CALL: ( Present) Brian Pillmore, Mayor Jeff Wootton, Vice- Mayor Rodney Zimmerman, Council Member Shelli Selby, Council Member Adam Shriver, Council Member Recess as Yukon City Council and Reconvene as Yukon Municipal Authority) 1A. YMA Consent Docket This item is placed on the agenda so the Yukon Municipal Authority, by unanimous consent, can designate those routine items they wish to be approved by one motion. If an item does not meet with the approval of all Authority Members, that item will be heard in regular order. The City Manager recommends a motion to approve: A) The minutes of the regular meeting of June 4, 2024 The motion to approve the YMA Consent Docket, consisting of the minutes of the regular meeting of June 4, 2024, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Pillmore, Wootton, Shriver, Selby, Zimmerman NAYES: None VOTE: 5- 0 MOTION CARRIED 2A. Consider approving and possible amendment to Resolution YMA 2024- 01, a Resolution approving the Yukon Municipal Authority, Oklahoma budget for the fiscal year 2024- 2025 and establishing budget amendment authority The motion to approve Resolution YMA 2024- 01, a Resolution approving the Yukon Municipal Authority, Oklahoma budget for the fiscal year 2024- 2025 and establishing budget amendment authority, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Shriver, Wootton, Zimmerman, Pillmore, Selby NAYES: None VOTE: 5- 0 MOTION CARRIED  Yukon City Council Minutes June 4, 2024 The Yukon City Council met in regular session on June 4, 2024, at 7: 00 p. m. in the Council Chambers of the Centennial Building, 12 South Fifth Street, Yukon, Oklahoma. The invocation was given by Pastor Tim Arnould, Good News Church The flag salute was given in unison. ROLL CALL: ( Present) Brian Pilimore, Mayor Jeff Wootton, Vice- Mayor Rodney Zimmerman, Council Member Shelli Selby, Council Member Adam Shriver, Council Member OTHERS PRESENT: Mitch Hort, Acting City Manager Jason Beal, Asst. to the City Manager Doug Shivers, City Clerk Robbie Williams, City Engineer Roger Rinehart, City Attorney John Corn, Police Chief Jerome Brown, Information Technology Ryan McClure, Parks & Rec Director Shawn Vogt, Fire Chief Danielle O' Neal, Asst. Planning Director Arnold Adams, Public Works Director Presentations and Proclamations None Visitors 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 and address. You are requested to limit your presentation to three( 3) minutes. Any item being presented MUST pertain to the City of Yukon business) Mike Burris, 300 E Platt, spoke about resolutions. There has been support for Airbnb' s against the wishes of the people. Less than a year ago, the former Mayor stated that there was an ordinance against Airbnb' s, but we are trying to change that. I wasn' t aware of this at the time. We have suffered for two years with parking, lights, trash, vulgar language, and many others including public safety issues. It turns out the Council could have done something, and they did not. Residents don' t want new neighbors, clustering, motels, and daily pool rentals. The problem with an ordinance is that the wording states pools aren' t allowed to be rented by the hour but will be rented for the day. Mr. Rinehart advised the Mayor that Mr. Burris is speaking about an agenda item. Mayor Pilimore asked Mr. Burris to please address issues not on the agenda. Mr. Burris stated that the neighbors do not support the recent actions. Recess as Yukon City Council and Reconvene as Yukon Municipal Authority) 1A. YMA Consent Docket This item is placed on the agenda so the Yukon Municipal Authority, by unanimous consent, can designate those routine items they wish to be approved by one motion. If an item does not meet with the approval of all Authority Members, that item will be heard in regular order. The City Manager recommends a motion to approve: A) The minutes of the regular meeting of June 4, 2024 The motion to approve the YMA Consent Docket, consisting of the minutes of the regular meeting of June 4, 2024, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Pilimore, Wootton, Shriver, Selby, Zimmerman NAYS: None VOTE: 5- 0 MOTION CARRIED City Council Minutes — June 4, 2024 Page 2 2A. Consider approving and possible amendment to Resolution YMA 2024- 01, a Resolution approving the Yukon Municipal Authority, Oklahoma budget for the fiscal year 2024- 2025 and establishing budget amendment authority The motion to approve Resolution YMA 2024-01, a Resolution approving the Yukon Municipal Authority, Oklahoma budget for the fiscal year 2024- 2025 and establishing budget amendment authority, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Shriver, Wootton, Zimmerman, Pillmore, Selby NAYES: None VOTE: 5- 0 MOTION CARRIED Adjourn as YMA and Reconvene as Yukon City Council) 1. Consent Docket This item is placed on the agenda so the City Council, by unanimous consent, can designate those routine items they wish to be approved by one motion. If an item does not meet with the approval of all Council Members, that item will be heard in regular order. The City Manager recommends a motion that will approve: A) The minutes of the regular meeting of June 4, 2024 B) Payment of material claims in the amount of $ 1, 276, 263. 85 C) The appointment of Craig Nuckolas to the Planning Commission, Ward 1 seat by Council Member Rodney Zimmerman The motion to approve the Consent Docket, consisting of the minutes of the regular meeting of June 4, 2024; payment of material claims in the amount of $ 1, 276, 263. 85; the appointment of Craig Nuckols to the Planning Commission, Ward 1 seat by Council Member Rodney Zimmerman, was made by Council Member Zimmerman and seconded by Council Member Shriver. Council Member Selby asked Council Member Zimmerman if he decided to fire Mr. Grba before or after he spoke out. Council Member Zimmerman responded that it is something he has thought about for a while, and disagreeing with me was not the reason for my decision. Susan Burris, 300 E Platt Dr., believes Council Member Selby' s actions were totally inappropriate and offensive. She asked if there is a code of conduct or a censure for those actions. Council Member Selby stated she just wanted to know the timing and if Mr. Grba was notified prior to the decision. Mike Burris, 300 E Platt Dr., has read the OMAG council handbook and believes that was a conversation that should have been conducted privately. Mayor Pillmore believes it is important to address each other with respect, we do encourage debate and discussion. As citizens, staff, and Council Members we must maintain decorum and professionalism in everything we do. The vote: AYES: Zimmerman, Selby, Shriver, Wootton, Pillmore NAYS: None VOTE: 5- 0 MOTION CARRIED City Council Minutes - May 21 , 2024 Page 3 2. Reports of Boards, Commissions City Officials: ( This item is reserved for and announcements, recognitions, etc. and is not intended for the conduct of City business by members of the public body) - Mr. Hort invited Ms. Shivers up to discuss the update on searching for a new City Manager. Ms. Shivers informed Council that we currently have 18 applications. The job was posted on many locations throughout the United States. In the application process there were prescreen questions asked before they can submit their application. This is there to give the Council more of an insight into what the applicants are thinking. My job is to help facilitate this journey to find a new City Manager. The estimated timeline is based on conversations previously with the Mayor, it is a flexible timeline. Mayor Pillmore believes that 18 applications is robust. Ms. Shivers advised yes, it is and their experience is everywhere. Mayor Pillmore confirmed that we will be reviewing the final applications as a group on July 2. Mr. Hort introduced Ashley Geddes from Parks and Recreation to give a Freedom Trail Playground/ Splash Pad update. Ms. Geddes spoke to Rudy Construction to get repairs/ items completed. Some of these repairs were repairs to panels, drainage repairs, cleaning, etc. The goal is to provide a quality playground for all to enjoy so we are paying strong attention to detail, and it meets our standards. Council Member Shriver asked who will be doing the inspecting of the sand blasting, and how are we looking to meet our June 30 deadline. Ms. Geddes informed the Council that this is a team effort due to not wanting only one set of eyes looking at this project. The June 30 deadline should be hit. Mayor Pillmore asked Ms. Geddes what on the panels remained. Ms. Geddes has been out there looking at the panels and we are still evaluating. Mayor Pillmore would like to make this call quickly. Jason Beal reported on the Charter Review Committee. Mr. Beal said that the committee went over the timeline and the information Mr. Rinehart gathered from the Oklahoma Municipal League. The committee will be reviewing the many pages provided and they have already directed Mr. Rinehart to start some basic revisions. The next meetings will be the last three Thursdays in June to hopefully get the first draft of revisions to the Council on July 2. If everything goes well and is approved, this should be on the general election in November for the citizens to be able to vote. Council Member Selby wanted to know if each change will be voted on separately. Mr. Rinehart informed Council that yes, they will be voted on separately. Mayor Pillmore expressed that the election board is expecting a very large turnout during the November election. 3. Consider approving and possible amendment to Resolution No. 2024- 07, a Resolution approving the City of Yukon, Oklahoma budget for the fiscal year 2024- 2025 and establishing a budget amendment authority The motion to approve Resolution No. 2024- 07, a Resolution approving the City of Yukon, Oklahoma budget for the fiscal year 2024- 2025 and establishing a budget amendment authority, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Wootton, Pillmore, Zimmerman, Shriver, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED 4. Consider a motion to vacate an easement at 1800 Commons Circle, as recommended by the Planning Commission The motion to vacate an easement at 1800 Commons Circle, as recommended by the Planning Commission, was made by Council Member Wootton and seconded by Council Member Shriver. City Council Minutes - June 4, 2024 Page 4 Mayor Pillmore requested that Mr. Hort just give a brief outline of this item. Mr. Hort informed the Council that the developer has been working on this subdivision for a while, and they decided to go back to the original plans due to a tenant wanting use of the whole building. The vote: AYES: Zimmerman, Selby, Wootton, Pillmore, Shriver NAYS: None VOTE: 5- 0 MOTION CARRIED 5. Consider a motion to approve a replat of the Commons II at 1800 Commons Circle, as recommended by the Planning Commission The motion to approve a replat of the Commons II at 1800 Commons Circle, as recommended by the Planning Commission, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Selby, Wootton, Pillmore, Shriver, Zimmmerman NAYS: None VOTE: 5- 0 MOTION CARRIED 6. Consider a motion to approve the permanent easement between the City of Yukon and The Yukon Municipal Authority, Parcel 1. 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager The motion to approve the permanent easement between the City of Yukon and The Yukon Municipal Authority, Parcel 1 . 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager, was made by Council Member Zimmerman and seconded by Council Member Wootton. Council Member Wootton would like clarification from Mr. Hort. Mr. Hort informed Council that this is a waterline that is along Lakeshore Drive. The purpose is to use ARPA money to move the waterline to the North side of the street due to updates on the South side of the street. The vote: AYES: Shriver, Wootton, Zimmerman, Selby, Pillmore NAYS: None VOTE: 5- 0 MOTION CARRIED 7. Consider a motion to approve the permanent easement between the City of Yukon and the Golden Legacy, Parcel 2. 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager The motion to approve the permanent easement between the City of Yukon and the Golden Legacy, Parcel 2. 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Selby, Pillmore, Shriver, Zimmerman, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 8. Consider a motion to approve the permanent easement between the City of Yukon and the Shane Swearingen Revocable Trust, Parcel 3. 0 and 4. 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager City Council Minutes - June 4, 2024 Page 5 The motion to approve the permanent easement between the City of Yukon and the Shane Swearingen Revocable Trust, Parcel 3. 0 and 4. 0, for Lakeshore Drive waterline improvements, as recommended by the Acting City Manager. The vote: AYES: Shriver, Selby, Zimmerman, Wootton, Pillmore NAYS: None VOTE: 5- 0 MOTION CARRIED 9. Consider approving Ordinance No. 1451, an ordinance of the City Council of the City of Yukon, Oklahoma amending Chapter 18 " Businesses" of the Yukon Municipal Code by amending Article 6. Short Term Rental, making certain changes, providing for severability; and declaring an emergency The motion to approve Ordinance No. 1451, an ordinance of the City Council of the City of Yukon, Oklahoma amending Chapter 18 " Businesses" of the Yukon Municipal Code by amending Article 6. Short Term Rental, making certain changes, providing for severability; and declaring an emergency, was made by Council Member Wootton and seconded by Council Member Zimmerman. Danielle O' Neal briefly explained that this ordinance is for the business license aspect. The highlights include deleting the individual/ entity cannot hold more than one license but adding that a separate license needed to be acquired for each property. Mike Burris, 300 E Platt Dr., believes there are some sections that seem to be unclear. Looking at the ordinance page 2, E. It talks about short term rental use is not in conflict with any privately held covenants, conditions, or restrictions. In my neighborhood residents have a big problem with HOA' s, and it feels like they are being pushed into one in order to not have short- term rentals in the neighborhood. This could go on the ballot for the November election. In my experience people don' t want an Airbnb next to them. Another thing is that there is some information about having insurance. When you have business insurance, there is a difference between that and residential insurance. If getting insurance is financially unachievable, I would like the City to say that the insurance is adequate to address issues that occur. Looking at section 18- 158, it talks about the frequency of repeated violations. This seems to be very vague on how many is a reasonable number. Council Member Selby was under the impression that we had a number for violations. Ms. O' Neal stated that that will be on the next ordinance regarding fees. It does state that the City Council can revoke the permit for any violations. I do not see a max on the violations. It is on the license renewal that if there are any violations we do not have to renew the business license. Mr. Burris was informed that the City doesn' t have the tools to address the issue with violations. Carrie Sharp, 520 S 2nd St., wanted clarification of there being nothing in the ordinance that addresses the health and safety. Ms. O' Neal said that the properties will be inspected by the building inspectors, and this will occur annually. The vote: AYES: Wootton, Pilimore, Zimmerman, Selby, Shriver NAYS: None VOTE: 5- 0 MOTION CARRIED 9a. Consider approving the Emergency Clause for Ordinance No. 1451 The motion to approve the Emergency Clause for Ordinance No. 1451, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Pillmore, Shriver, Wootton, Zimmerman, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED City Council Minutes - June 4, 2024 Page 6 10. Consider approving Ordinance No. 1452, an ordinance of the City Council of the City of Yukon, Oklahoma amending Article 3 Districts and uses of the Yukon Municipal Code by amending Section 309 " Short- term rental and bed & breakfast establishments: making certain additions, insertions and deletions; repealing ordinances in conflict; providing for severability; and declaring an emergency The motion to approve Ordinance No. 1452, an ordinance of the City Council of the City of Yukon, Oklahoma amending Article 3 Districts and uses of the Yukon Municipal Code by amending Section 309 " Short- term rental and bed & breakfast establishments: making certain additions, insertions and deletions; repealing ordinances in conflict; providing for severability; and declaring an emergency, was made by Council Member Wootton and seconded by Council Member Zimmerman. Council Member Selby would like Ms. O' Neal to read what this ordinance involves. Ms. O' Neal read the changes from the joint meeting. These changes consisted of adding a minimum night stay of at least one night, and one property per property owner. Mike Burris, 300 E Platt Dr., is requesting that the distance be maintained between the Airbnb' s. He also requests the minimum stay be a two- night minimum and requests that there be one Airbnb per owner. Susan Burris, 300 E Platt Dr., would request keeping the minimum distance requirement. The staff worked hard and made their recommendations and then they were reduced. I would like a minimum stay to be two nights and one Airbnb per owner. Please take the staff recommendations. The vote: AYES: Pillmore, Shriver, Wootton, Zimmerman, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED 10a. Consider approving the Emergency Clause for Ordinance No. 1452 The motion to approve the Emergency Clause for Ordinance No. 1452, was made by Council Member Zimmerman and seconded by Council Member Wootton. The vote: AYES: Zimmerman, Pillmore, Shriver, Selby, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 11. Consider convening into Executive Session pursuant to Oklahoma Statutes Title 25 Section 307 B4 for confidential communications from the City' s Attorneys regarding the pending action styled THE CITY OF YUKON, OKLAHOMA; and YUKON MUNICIPAL AUTHORITY v. RS MEACHAM CPAS & ADVISORS, PLLC AND FSW& B CPAS, PLLC, et al; Case No. CJ- 2017- 660) and take appropriate action in open session The motion to convening into Executive Session pursuant to Oklahoma Statutes Title 25 Section 307 B4 for confidential communications from the City' s Attorneys regarding the pending action styled THE CITY OF YUKON, OKLAHOMA; and YUKON MUNICIPAL AUTHORITY v. RS MEACHAM CPAS & ADVISORS, PLLC AND FSW& B CPAS, PLLC, et al; ( Case No. CJ- 2017- 660) and take appropriate action in open session, was made by Council Member Wootton and seconded by Council Member Zimmerman. The vote: AYES: Pillmore, Shriver, Wootton, Selby, Zimmerman NAYS: None VOTE: 5- 0 MOTION CARRIED City Council Minutes - June 4, 2024 Page 7 12. 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: Shriver, Selby, Zimmerman, Wootton, Pillmore NAYS: None VOTE: 5- 0 MOTION CARRIED Mayor Pillmore read the minutes from the Executive Session. 13. Consider a motion for possible action resulting from the Executive Session Mayor Pillmore pulled this item from the agenda. 14. New Business - None 15. Council Discussion: ( This item is reserved for announcements, recognitions, etc. and is not intended for the conduct of City business by members of the public body) Council Member Selby endorsed concerts in the park, and asked everyone to come on out and enjoy some wonderful music. Council Member Shriver is also ready for the concerts, and will see you all out there. Council Member Wootton dittoed Council Member Shriver and Council Member Selby. Council Member Zimmerman wanted to thank Mr. Grba for his service and thanks Mr. Nuckols for joining the Planning Commission. Mayor Pillmore gave an upcoming events recap. The City will honor Juneteenth, and he thanked citizens for their comments. 13. Adjournment Brian Pillmore, Mayor See0KlAH044 Ikfti11111 4- Mi 4 R Douglc A. Shivers, City Clerk rill YUKON .