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City Council

Regular Meeting

Yukon, OK · March 24, 2020

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Minutes

Yukon City Council Minutes March 24, 2020 The Yukon City Council met in special session on March 24, 2020 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 McEachern ROLL CALL: ( Present) Michael McEachern, Mayor Donna Yanda, Vice Mayor Rick Cacini, Council Member Shelli Selby, Council Member Jeff Wootton, Council Member OTHERS PRESENT: Jim Crosby, City Manager Doug Shivers, City Clerk Tammy Kretchmar, Assistant City Manager Mitchell Hort, Development Services Dir. John Corn, Police Chief Gary Miller, City Attorney Robbie Williams, City Engineer Philip Merry, City Treasurer Gary Cooper, IT Director Mike Roach, Deputy Police Chief Cindi Shivers, HR Director Jason Beal, Deputy City Clerk Jenna Roberson, PIO Aric Gilliland, Council Member Elect 1. Consider approving Resolution 2020- 02, a Resolution to rescind the special election in the City of Yukon, Oklahoma, on the 7th day of April, 2020, for the purpose of submitting to the qualified electors of the City of Yukon the question of whether an ordinance granting a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting and distributing natural gas in the City of Yukon, will be approved. The motion to approve Resolution 2020- 02, a Resolution to rescind the special election in the City of Yukon, Oklahoma, on the 7th day of April, 2020, for the purpose of submitting to the qualified electors of the City of Yukon the question of whether an ordinance granting a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting and distributing natural gas in the City of Yukon, will be approved, was made by Council Member Yanda and seconded by Council Member Cacini. Council Member Selby stated this is just an update to the original agreement, it will not raise taxes. The vote: AYES: Yanda, Selby, McEachern, Wootton, Cacini NAYS: None VOTE: 5- 0 MOTION CARRIED 2. Consider approving Ordinance 1403, an Ordinance amending Ordinance No. 1359 of the Code of Ordinances of the City of Yukon, Oklahoma by amending certain sections and providing applicable fines and punishment for violations of the Code of Ordinances; and declaring an emergency. The motion to approve Ordinance 1403, an Ordinance amending Ordinance No. 1359 of the Code of Ordinances of the City of Yukon, Oklahoma by amending certain sections and providing applicable fines and punishment for violations of the Code of Ordinances; and declaring an emergency, was made by Council Member Cacini and seconded by Council Member Yanda. City Council Minutes - March 24, 2020 Page 2 Council Member Yanda asked if the first offense is a warning and does the judge determine the amount? Mr. Crosby stated in most cases, the first offense will not result in a citation. Council Member Selby asked if the fine could be tiered by first offense, second offense and so on. Mr. Miller stated the tiers would take away the discretion of the officer and judge. The vote: AYES: McEachern, Cacini, Yanda NAYS: Wootton, Selby VOTE: 3- 2 MOTION CARRIED 2a. Consider approving the Emergency Clause of Ordinance No. 1403 The motion to approve the Emergency Clause of Ordinance No. 1403, was made by Council Member Cacini and seconded by Council Member Selby. The vote: AYES: Cacini, McEachern, Yanda, Selby, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 3. Adjournment Michael McEachern, Mayor ivers, ' ty Clerk Doug 40s‘ 0, 40f. 0„ 4404, Q S. T v VS tit

Agenda

City Council - Municipal Authority Agendas March 24, 2020 - 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, March 23, 2020. Teleconferencing and videoconferencing will not be available for this meeting. Call to Order: Michael McEachern, Mayor Roll Call: Michael McEachern, Mayor Donna Yanda, Vice Mayor Rick Cacini, Council Member Shelli Selby, Council Member Jeff Wootton, Council Member 1. Consider approving Resolution 2020-02, a Resolution to rescind the special election in the City of Yukon, Oklahoma, on the 7th day of April, 2020, for the purpose of submitting to the qualified electors of the City of Yukon the question of whether an ordinance granting a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting and distributing natural gas in the City of Yukon, will be approved. ACTION___________________________________________________________________________ 2. Consider approving Ordinance 1403, an Ordinance amending Ordinance No. 1359 of the Code of Ordinances of the City of Yukon, Oklahoma by amending certain sections and providing applicable fines and punishment for violations of the Code of Ordinances; and declaring an emergency. ACTION___________________________________________________________________________ 2a. Consider approving the Emergency Clause of Ordinance No. 1403 ACTION___________________________________________________________________________ 3. Adjournment 1 RESOLUTION 2020-02 A RESOLUTION TO RESCIND THE SPECIAL ELECTION IN THE CITY OF YUKON, OKLAHOMA, ON THE 7 th DAY OF APRIL, 2020, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF YUKON THE QUESTION OF WHETHER AN ORDINANCE GRANTING A FRANCHISE TO ONE GAS, INC., ACTING THROUGH ITS OKLAHOMA NATURAL GAS DIVISION, FOR PURPOSES OF SELLING, TRANSMITTING AND DISTRIBUTING NATURAL GAS IN THE CITY OF YUKON SHALL BE APPROVED. WHEREAS, on the 4th day of February, 2020, the City Council of the City of Yukon, Oklahoma, approved Ordinance No. 1400, which grants a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting, and distributing natural gas in the City of Yukon; and, WHEREAS, also on the 4th day of February 2020, the City Council of the City of Yukon passed Resolution 2020-01, calling for an election of the voters of the City of Yukon to approve a Franchise Agreement with One Gas, Inc., and asking the Canadian County Election Board to hold an election for that purpose on April 7, 2020; and WHEREAS, on the 18th day of March, 2020, the Oklahoma State Election Board declared an election emergency requiring County Election Boards to accept resolutions from the governing bodies of school districts, municipalities, technology districts and counties to a) rescind the Tuesday, April 7, 2020 election date and b) reschedule the election on any election date allowed by section 3-101 of Title 26. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yukon, Oklahoma, as follows: th 1. That the election date of the 7 day of April, 2020, is rescinded. 2. That a special election in the City of Yukon, Oklahoma, for submission of the question of the approval of Ordinance No. 1400 to the qualified electors in accordance with the applicable laws of the State of Oklahoma and the City ordinances of Yukon, Oklahoma will be held on a future election date yet to be determined as allowed by section 3-101 of Title 26. 3. That a copy of this Resolution 2020-02 will be filed with the Canadian County Election Board no later than March 30, 2020, as mandated in the State Election Board Declaration of Emergency 2020-01. RES 2020-02 Page 2 of 2 The foregoing Resolution was duly adopted and approved by the Mayor and Cit y Council of the City of Yukon, Oklahoma, on the 24th day of March, 2020. SIGNED by the Mayor of the City of Yukon, Oklahoma, on the 24th day of March, 2020. ___________________________________ MAYOR ___________________________________ CITY CLERK (SEAL) 2 ORDINANCE NO. 1403 AN ORDINANCE AMENDING ORDINANCE NO. 1359 OF THE CODE OF ORDINANCES OF THE CITY OF YUKON, OKLAHOMA BY AMENDING CERTAIN SECTIONS AND PROVIDING APPLICABLE FINES AND PUNISHMENT FOR VIOLATIONS OF THE CODE OF ORDINANCES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF YUKON, OKLAHOMA that the Code of Ordinances, City of Yukon, is hereby amended by amending certain sections providing applicable fines and punishments for violations of the Code of Ordinances and that section now read as follows: SECTION 1: Sec. 50-34. Schedule of fines and bond. Any person released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before the defendant is required to appear for arraignment by pleading guilty or nolo contendere in the court clerk’s office and paying the fine according to the following schedule, in addition to court costs, and state mandated fees. Upon arrest, the defendant shall be eligible for release upon the giving of bail according to the following bond schedule, in addition to court costs, and state mandated fees. Advertising: Place sign on public property....$200.00 Place sign on private property....$200.00 Alarm: Fail to register alarm....$200.00 No alarm permit...$25.00 False alarm....$50.00 Pulled fire alarm....$200.00 Illegal use of 911....$500.00 Alcoholic beverages: Carry a weapon under the influence of alcohol....$750.00 Consume, possess, purchase alcohol and/or low point beer and under twenty-one (21) years of age...$300.00 (First offense), $600.00 (Second offense), $900.00 (Third offense) Contribute to the delinquency of a minor with alcoholic beverage....$200.00 Drunk or drink in public place....$100.00 ORD 1403 Page 2 of 8 Enter, attempt to enter restricted area of those under 21 years of age....$300.00 Hire motor vehicle for transport of persons under twenty-one (21) years of age to consume alcoholic beverages....$500.00 Loiter on premises where alcohol is sold....$100.00 Minor in possession of alcoholic beverage....$300.00 (First offense), $600.00 (Second offense), $900.00 (Third offense) Misrepresent age to purchase alcoholic beverage....$300.00 Possession of intoxicating beverage, under twenty-one (21) years of age, and without a vehicle....$300.00 Possession of alcohol and/or low point beer, under twenty-one (21) years of age, and without a vehicle....$300.00 Public intoxication....$100.00 Social Host with alcohol and/or drugs....$500.00 Transporting an open container of alcohol....$500.00 Unlawful sale or furnish alcoholic beverage to minor....$500.00 Animals: Bark/howl/creating noise....$90.00 Cruelty to animals....$450.00 Fail to restrain/animal run at large....$50.00 Harboring vicious animal....$350.00 Keeping of swine....$50.00 Neglect care or abandonment....$400.00 No kennel license....$50.00 No license tag....$35.00 Nuisance animal....$90.00 Unsanitary maintenance of premises....$50.00 Arrest: Attempting to elude an officer....$500.00 Escape from arrest....$750.00 Obstructing an officer....$500.00 Refusing to assist officer....$200.00 Resisting arrest....$750.00 ORD 1403 Page 3 of 8 Assault and Battery: Assault and battery....$750.00 Battery....$500.00 Simple assault....$500.00 Burglary/burglary implements: Breaking and entering without intention to commit crime....$200.00 Breaking and entering with intention to commit crime....$750.00 Possession of burglary implements.....$750.00 Burn: Burning substance during a state burn ban....$750.00 Deposit of harmful or burning substance....$200.00 Illegal burning....$750.00 Throw a burning substance from a motor vehicle not during a state burn ban....$200.00 Development Services: Application required prior to excavation or opening ground....$750.00 Disorderly house....$200.00 Disorderly placement of structure....$200.00 No contractor’s license....$200.00 No contractor’s permit....$200.00 No development without flood plain permit....$750.00 No journeyman on job site....$200.00 No journeyman’s license....$200.00 Violating builders code....$200.00 Curfew: Juvenile fifteen (15) years of age or younger....$200.00 Juvenile sixteen (16) years of age or older....$100.00 Defrauding/fraudulent activities: Defrauding innkeeper....$200.00 Obtain money or property by false pretenses....$200.00 Harmful deception....$200.00 ORD 1403 Page 4 of 8 Delinquency: Continuous delinquency of minor....$200.00 Child neglect/abandonment....$750.00 Contributing to delinquency of minor....$350.00 Destruction of property: Destruction of city or private property....$750.00 Disorderly conduct: Disorderly conduct....$200.00 Disturbing the peace: Disturbing the peace....$200.00 Loud or amplified noise in a motor vehicle....$100.00 Loud or amplified noise not in a motor vehicle....$200.00 Drug: Misdemeanor drug possession with a vehicle....$750.00 Misdemeanor drug possession without a vehicle....$750.00 Possession of a chemically synthesized substance to emulate marijuana/fake marijuana....$750.00 Possession of controlled dangerous substance with a vehicle....$750.00 Possession of controlled dangerous substance without a vehicle....$750.00 Possession of marijuana with a vehicle....$750.00 Possession of marijuana without a vehicle...$750.00 Possession of drug paraphernalia with a vehicle....$750.00 Possession of drug paraphernalia without a vehicle....$750.00 Public intoxication from a drug(s)....$100.00 Social host of controlled dangerous substance and allow possession or consumption....$500.00 Embezzlement: Embezzlement under $500.00....$750.00 False representation: Impersonating an officer....$500.00 ORD 1403 Page 5 of 8 Warrant/contempt of court: Failure to pay fine warrant....$280.00 Contempt of court....$250.00 Failure to appear warrant....$200.00 Firearms and weapons: Carry concealed weapon without a permit in area designated no weapons....$200.00 Unlawful discharge of firearm/air rifle/bb gun....$350.00 Point weapon at another....$350.00 Fireworks: Fireworks....$200.00 Graffiti: Graffiti or tagging....$750.00 Insurance: Fail to maintain valid insurance verification in motor vehicle....$250.00 Possession of fraudulent insurance verification/fictitious insurance form....$500.00 Juvenile: Possession of alcoholic beverage, seventeen (17) years of age or under, and in a vehicle....$300.00 Possession of alcoholic beverage, seventeen (17) years of age or under, and without a vehicle....$300.00 Littering: Littering by throwing a burning substance from a motor vehicle not during a state burn ban....$200.00 Littering from a motor vehicle...$100.00 Littering where prohibited....$100.00 Loitering: Loiter on or in public place/property or curfew of another after midnight....$200.00 Loiter on public or private property....$200.00 Loiter on school property....$200.00 ORD 1403 Page 6 of 8 Malicious mischief: Malicious mischief....$200.00 Molesting, injuring, or loitering at a motor vehicle....$750.00 Obscene gesture or the use of profane language....$100.00 Obtain money or property by trick, deception, or false pretenses....$750.00 Outraging public decency....$500.00 Slander or false rumors....$300.00 Theft or utility service after locked by this city....$750.00 Throw or shoot stones or other objects....$200.00 Throwing or dropping an object at a moving vehicle....$750.00 Vandalism....$200.00 Miscellaneous: Aiding in the commission of a misdemeanor....$500.00 Bullying....$750.00 Conspiracy to commit a misdemeanor....$500.00 Operate golf cart on city street....$50.00 Stalking/harassment....$750.00 Threatening or planning serious bodily harm to another....$750.00 Transporting hazardous substances without proper safety devices....$200.00 Use of language calculated to arouse anger....$100.00 Willful violation of an Emergency Proclamation declared by the city will result in a fine up to $700.00 and/or 3 days in jail Nuisances: Create nuisance....$200.00 Disorderly placement of structure....$200.00 Grass/weeds/etc....$200.00 Loud/unusual noises....$100.00 Sound system....$100.00 Permitting water to flow....$200.00 Water restriction....$200.00 ORD 1403 Page 7 of 8 Disorderly house...$200.00 Petty larceny: Petty larceny under $500.00....$500.00 Shoplifting from a retailer under $500.00....$500.00 Skateboards: Skateboarding on roadway....$50.00 Solicitors: Soliciting without a permit....$200.00 Solicitor trespass after posting of “no solicitor” sign....$200.00 Trash: Illegal dumping on private property without permission....$750.00 Tobacco: Juvenile in possession - 1st offense....$100.00 Juvenile in possession - 2nd offense....$200.00 Purchase tobacco for underage person - 1st offense....$100.00 Purchase tobacco for underage person - 2nd offense....$200.00 Trespassing: Trespassing....$250.00 Truancy: Truancy from school - 1st offense....$75.00 Truancy from school - 2nd offense....$125.00 Truancy from school - 3rd offense....$250.00 Weapon: Minor in possession of firearm....$750.00 Point weapon at another....$350.00 Possession of firearm while under the influence of alcohol or drug....$500.00 Possession of knife, bowie, switchblade, metal knuckles - 1st offense....$300.00 Possession of knife, bowie, switchblade, metal knuckles - 2nd offense....$500.00 Reckless conduct or create unreasonable risk with weapon....$500.00 ORD 1403 Page 8 of 8 Transporting a firearm without a permit in a vehicle....$70.00 (amount set specifically by state law) Unlawful discharge of a firearm....$350.00 Unlawful discharge of a firearm/air rifle/BB gun....$350.00 SECTION 2: EMERGENCY: WHEREAS, it being immediately necessary for the preservation of the peace, health, safety and public good of the City of Yukon and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect, and be in full force from and after its passage, as provided by law. PASSED AND APPROVED this _______ day of _____________________ 2020, with the Emergency Clause passed separately. _________________________________________ MAYOR ATTEST: ______________________________ CITY CLERK (SEAL) ______________________________ CITY ATTORNEY

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