EL RENO CITY COUNCIL SPECIAL MEETING OF TUESDAY – NOVEMBER 04, 2014 – 5:00 P.M. EL RENO CITY COUNCIL CHAMBERS 101 N. CHOCTAW AVENUE – EL RENO, OKLAHOMA MINUTES
A CALL MEETING TO ORDER Mayor White called the meeting to order at 5pm. B ROLL CALL Present: JT Chronister, Council Member (arrived at 5:01pm) James Archer, Vice-Mayor Matt White, Mayor Kent Myers, Council Member David DeLana, Council Member (arrived at 5:17pm) Staff Present: Tony Rivera, City Manager Roger Rinehart, City Attorney Matt Sandidge, Community Service & Planning Director Lindsey Grigg, City Clerk Ken Brown, Police Chief Kent Lagaly, Fire Chief Jared Holden, CCGC Manager
Others: Ray Dyer, El Reno Tribune Ken Balson Carolyn Balson Darrell Lancaster Paul Hurst Henry Heinrich Betty Heinrich Marcia Hurst Wil LaFoe Gary Evans Margaret Evans Robert Zajic Monte Preno ` Sheila Preno Ral Lynch Curtis Dew Heidi Gambill Page 2 of 6 Minutes of El Reno City Council
Special Meeting of November 4, 2014
Phil Heinrich Mary Culvour
C DISCUSSION ITEMS 1. Discussion, consideration, and possible action on reestablishing the Evans Road Railroad Crossing. Myers stated that he placed this on the agenda. I think this was voted on approximately 2 – 2 ½ years ago. This is why the majority of the people are here tonight. This crossing was vital to the residents in this area. Not only was the crossing closed but consequently there is construction at this intersection and they cannot get out to the north or south. I have talked to a representative of the Union Pacific and he has given me suggestions for solutions of relief. Henry Heinrich has been instrumental with helping me do that and he has a signed petition of 144 names. He is aware this is an uphill battle and this effects a lot of people in that area. Henry Heinrich; 7500 E. Foreman Rd. My mother owns property at this area and Evans family has a farm across the road. By closing this road, we have to take equipment on Hwy. 66, it is a two lane highway. We understand that it was closed for safety issues but by pushing us to 66, it has created an even bigger issue. Myers asked about fatalities at that crossing Heinrich stated that there are no accidents or fatalities Brown said not at the crossing but in that area, yes. Heinrich said he looked online for guides for closing and it talks about the selection of all crossing in the municipality, I don’t believe that was done. It talks about discussion with local authorities, reaching a consensus prior to scheduling and public hearings. We heard rumors but it didn’t say that the Police Chief, Fire Chief, and Public Works Director decides what road to close. There were no public hearings about it. Myers asked if he was notified by DOT or anyone. Heinrich stated that there was a legal notice in the paper, I don’t read all of the notices and that was the only thing there was. We are petitioning the reopening of Evans and possibly closing a different crossing. School board and Superintendent of Riverside and Vo-Tech, OKC West, the people in this room, and our families have signed this. There are more than four crossings out there. Myers asked if the crossing could not be opened, do you have a suggestion or if it can be reopened then what crossing do you recommend? Heinrich said his suggestion is Mitchell because there are other ways around that block or area. Mitchell only has a yield sign, no gate which is more of a danger. Margaret Evans; 5905 E. Elm Page 3 of 6 Minutes of El Reno City Council
Special Meeting of November 4, 2014
Problem we have, we didn’t think to mention that we live in flooding areas. We cannot go East, North or West because of bridges, our last resort was Evans Road and we no longer have that. I will be calling if I cannot get out and that is for a lot of us that way. We live there and know what can happen.
Carol Holson; 2106 S. Evans The only way we had out after the tornado in May, 2013 was N. on Evans Road because of everything on 66, so this is a concern of ours. Myers suggests that we take Tony and two members of Council, Tony will have connections with DOT and maybe we can come to a reasonable solution. We do need to find them relief. White said lets go through the timeline. This started about 2 ½ years ago because the railroad crossing were out of compliance and not up to standard. Chief Lagaly, Chief Brown, and Jim Luckett met with the railroad and discussed what needed to be done. They came up with a solution, safety wise. This went through some steps at that time in order for us to receive money to fix things. They came up with a solution for us. They being ODOT, Railroad, and city staff. Rivera stated that we have letters from ODOT that they had a grant available. Since we had 2-3 dealths/accidents in the last four years (not at that crossing but others), they had grant money that was available if we closed ¼ crossings they would fix the other 3 is the way I understood it. We went to council and asked if they wanted to participate. At that time we could not do anything ourselves because it was unaffordable. So the option was to fix 3 and close 1. I have the contracts and letters. This came to the Council meeting twice. The final resolution came to Council right after Mr. Myers was elected and he was the only one who voted against it at that time. Some of you were here that night. White stated that he talked to Henry about talking to someone but said he didn’t want to. Heinrich asked if anyone made the City participate in the program? White understood it to be a safety need. Rivera read the resolution aloud stating that all four crossings are listed. It was recommended that Evans was the one to close. Lagaly stated that it had the least amount of impact on the Fire, Police and EMS. Based on four years ago, if you look at the other intersections, they are considered an emergency route. The least amount of Fire, Police, EMS trying to get to victims, that is the least traveled. M. Evans said that there has been need for those services out there at her house. Lagaly stated that they can get there just as timely on a different route. The question from the audience is why was it between those four intersections? White stated that these were the four brought to Council, how it came to that conclusion is unknown to us. I spoke with Clay and I went out there when people were upset and we are looking in to options. Page 4 of 6 Minutes of El Reno City Council
Special Meeting of November 4, 2014
Heidi Gambill asked why were the landowners not involved in this decision, because it may be the least traveled road but when you have to take a combine around on 66 and there is no shoulder at Halliburton and there is no passing for 2 miles, you are blocking traffic. I followed my brother, he had a person pass him going uphill at OKC West, so you are putting more lives in danger by closing this crossing.
White said you can What-If this for a long time but we as a council did not second guess their jobs as safety managers. Them being the Police Chief, Fire Chief, ODOT, and the Railroad, because they were involved. We did not question that, because it is their job to do that. That is how things were presented to us. Clay and I have been talking and there is an option. It will cost 100-200k to replace Evans Rd., whatever you do it will have to be upgraded with arms and everything else. Can we apply for some of the money that just came out 2-3 months ago that is optional now and was not optional 3 years ago? Yes, I think we might be able to. I have asked the Fire Chief to get a list of crossings but we do have to upgrade, they do want a closure. There is a new lady on the transportation side and hopefully we can get some options from her. Bottom Line, I was told, A. they will not pay for replacement of that crossing that has to be upgraded and B. they want a closure. Those are things we are working on. We get where you are at and we hate it, it was based on a need for the overall plan. If we can change something then I want to. Why don’t we set a meeting with the railroad and let me call someone from ODOT. Kent, did you ever get a copy of the crossings in town? Lagaly stated that he did a quick map but it may not be complete. White said there are other things involved. Let us get a map together and get options from a representative. We could have a public meeting at a later date and discuss other options. They do want a closure, I suggest we table it and see what happens. We signed a contract so this will be a process. This was not just Matt White and the City of El Reno, it is a lot bigger. Rivera stated that there were four notices to Council, the Corporation Commission, and the tribune twice. We did not send out notices to all citizens but there was notice and public hearings. Heinrich said we were just asking for two phone calls, not 16,000 notices sent out. I spoke with ODOT and the railroad and was told that recommendation for closing comes from local authorities so don’t tell us it came from ODOT or UP. All crossings in El Reno should have been considered. Clay said they weren’t interested in doing anything. White stated that Clay called him and asked what you were trying to pull, working both sides. I love Clay but they do want a closure and we are interested. I called Kent Lagaly and the City Manager and said if we can find another way, why not do it. (Lagaly confirmed) so Henry, that is not true. I am tired of being called a liar. Henry said this could have been taken care of before it was closed. White stated that I asked if you wanted to go to the County and talk about it and you said don’t worry about it. Here is the deal, I did not know there was an option until Clay Page 5 of 6 Minutes of El Reno City Council
Special Meeting of November 4, 2014 called. At that time, there were no other options, we did not know that. They have money right now to do the closures, which came out 2-3 months ago. Myers stated that his biggest fear is that they won’t get the relief deserved. It is scary for me and I can only imagine how scary it is for you all. I want to try and find a solution. Who chose what crossing, etc. is all under the bridge, right now we just need to find a solution.
Mary Culvour stated that we live there. I called the Fire Department and had to stay on the phone for them to get to my house. I have care givers and the road is closed. Have you ever been out there, there is no way to get out and I called the corporation commission and they really questioned it to the Council. Evans said ODOT said they had no knowledge and they don’t care what happens. They told me it was up to local authorities and make sure the safety issues were checked out. White said lets have some meetings to come up with solutions then we can ask questions. Myers MOVED, SECONDED by DeLana to select a committee of 2 council members, the City manager, a representative for the residents in that area and of course ODOT and UP. VOTE WAS: AYE: Archer, Chronister, Myers, DeLana, White NAY: None. ABSTAIN: None. ABSENT: None. Mayor White declared motion CARRIED by a vote of 5 to 0 with 0 absent. 2. Discussion, consideration, and possible action on re-notification of citizens concerning an item tabled that is of a zoning nature. Myers stated that the minutes of 9/9/14 reflect a 2-2 vote with 1 absent but it states Carried, he wanted clarification on a Pass or Fail vote. Rinehart stated that a tie vote is automatic FAIL Grigg said it was a clerical error on her part. NO ACTION TAKEN 3. Discussion, consideration, and possible action of a request by Mr. T.J. Cavins for a change in zoning from Rural Agriculture District (A-1) to a Moderate Industrial District (I-2) at 5602 East Hwy 66 part of the west half (W/2)of the northeast quarter (NE/4) of section twenty-four (24) township twelve (12) north range seven (7) west of the Indian meridian Canadian County Oklahoma approximately 17.9 acres. DeLana stated that it is his understanding that Thomas was given instruction to bring back a site plan and to have a meeting with Mr. Rivera and he doesn’t believe any action should take place before they accomplish this. Page 6 of 6 Minutes of El Reno City Council
Special Meeting of November 4, 2014
Rinehart stated that the Council did instruct them to bring items back and it is their application, if any action should take place before they have a chance, it could bring about potential litigation. NO ACTION TAKEN Rivera address the sign issue on Evans stating that there were signs but apparently they have been knocked down and this will be addressed. D ADJOURNMENT Filed in the office of the City Clerk and posted on the bulletin board at the west entrance of the El Reno Municipal Building, 101 N. Choctaw at 3:00pm on November 3, 2014. Myers MOVED, SECONDED by DeLana to adjourn. VOTE WAS: AYE: Archer, Chronister, Myers, DeLana, White NAY: None. ABSTAIN: None. ABSENT: None. Mayor White declared motion CARRIED by a vote of 5 to 0 with 0 absent. The meeting adjourned at 5:53pm.
Signed ______Matt White, Mayor
Signed ______Lindsey Grigg, City Clerk