MINUTES
OF THE CITY COUNCIL
OF THE CITY OF MUSKOGEE, OKLAHOMA MET IN A SPECIAL CALL SESSION IN COUNCIL CHAMBERS OF CITY HALL FEBRUARY 12, 2024
The City Council of the City of Muskogee, Oklahoma, met in a Special Call Session at 5:30 p.m., on February 12, 2024, in Council Chambers, Municipal Building, 229 W. Okmulgee Ave., Muskogee, Oklahoma, with Mayor Marlon J. Coleman presiding.
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Meeting was called to order by Deputy Mayor Derrick Reed, and the City Clerk called the roll as follows:
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APPROVAL OF MINUTES: SPECIAL CALL CITY COUNCIL NOVEMBER 13, 2023, REGULAR SESSION CITY COUNCIL NOVEMBER 27, 2023, AND SPECIAL CALL CITY COUNCIL DECEMBER 11, 2023, OR TAKE OTHER NECESSARY ACTION. |
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Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Shirley Hilton-Flanary to approve Minutes: Special Call City Council November 13, 2023, Regular Session City Council November 27, 2023 and Special Call City Council December 11, 2023. | |||||||||||||
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CONSENT AGENDA
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The following items are considered to be routine by the City Council and will not be read aloud. The Consent Agenda will be enacted with one motion and should discussion be desired on an item, that item will be removed from the Consent Agenda prior to action and considered separately prior to the Regular Agenda. | |||||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Councilmember Perline Boyattia-Craig to approve Consent Agenda Items one (1) through 12. | |||||||||||||
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1 | Approval of claims for all City departments December 2, 2023 through December 29, 2023, or take other necessary action. | ||||||||||||
2 | Approval of the lowest and best bid from Gray Manufacturing, in the amount of $51,000.00, for the purchase of a new mobile column lift set for the Fire Department garage, or take other necessary action. (Robert Swepston) | ||||||||||||
3 | Approval of Resolution No. 2971 to allow Neighbors Building Neighborhoods (NBN) to issue Certificates of Appropriateness (COA) on behalf of the Historic Preservation Commission for the Muskogee Historic Revitalization Subgrant Program, or take other necessary action. (Jody King) |
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4 | Approval of amended City Council Policy 1-6, Records Retention and Authority to Destroy, or take other necessary action. (Katrina Bodenhamer) | ||||||||||||
5 | Approval of Final Payment to APAC Central, Inc., in the amount of $138,439.58, for the NW Zone Mill & Overlay Project No. 2022042, or take other necessary action. (Mike Stewart) | ||||||||||||
6 | Approval of Change Order No. 1 for the Four Corners Signal Improvements, Project No. 2016040, with Traffic & Lighting Systems, LLC, in the amount of $68,295.60, or take other necessary action. (Mike Stewart) | ||||||||||||
7 | Approval of the lowest and best bid in the amount of $450,000.00, from Cook Consulting, LLC, for the Haskell Pump Station, Project No. 2022021, as recommended by Cowan Group Engineering, or take other necessary action. (Mike Stewart) | ||||||||||||
8 | Approval of the lowest and best bid in the amount of $87,001.00, from Anytime Roofing Inc., for the Facilities Building Roof Replacement, Project No. 2023028, as recommended by Cowan Group Engineering, or take other necessary action. (Mike Stewart) | ||||||||||||
9 | Approval of the appointment of Cleta Mullins to serve on the Wellness Initiative Coalition, filling the unexpired term of Linda Milton, commmencing upon appointment, and ending on August 31, 2024, or take other necessary action. (Councilor Perline Boyattia-Craig) | ||||||||||||
10 | Approval of the appointment of Perry Hewitt to the Parks and Recreation Board, filling the unexpired term of Julie Macomb, commencing upon appointment, and ending April 30, 2025, or take other necessary action. (Councilor Shirley Hilton-Flanary) | ||||||||||||
11 | Approval of the appointment of Dr. Jack Weaver to the Wellness Initiative Coalition to serve a four (4) year term, filling the expired term of Dr. James Baker, beginning February 1, 2024, and ending on January 31, 2028, or take other necessary action. (Councilor Tracy Hoos) | ||||||||||||
12 | Approval of the appointment of Melony Carey to the Historic Preservation Commission, to serve a three (3) year term, beginning February 1, 2024, and ending on January 31, 2027, or take other necessary action. (Mayor Marlon J. Coleman) | ||||||||||||
REGULAR AGENDA
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13 | Consider approval to authorize submission of Letters of Inquiry to the City of Muskogee Foundation for FY2024-2025 grant cycle for City projects as follows: a) Pickleball Courts at Hatbox $300,000.00; b) Teen Center/YVC Operations $150,000.00; c) City Attorney Juvenile and Adult Community Service Program $100,000.00; d) Coody Creek Trail design, $55,000.00; e) Coody Creek Trail construction, $1,470,000.00; f) River Country Water Park expansion, $2,000,000.00; g) Muskogee Police Department body cameras, $94,000.00, per year for five (5) years; and h) Muskogee Police Department tasers, $161,000.00, per year, for five (5) years, or take other necessary action. (Mike Miller) City Manager Mike Miller stated this item was scheduled for review by Council in January, but due to the canceled meeting, it was not reviewed before the Foundation's deadline. He stated Staff was instructed to prepare and submit Letters of Inquiry (LOIs) for the first round for Foundation consideration in order to meet the deadline. |
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Motion was made by Councilmember Alex Reynolds, seconded by Councilmember Shirley Hilton-Flanary to authorize submission of Letters of Inquiry to the City of Muskogee Foundation for FY2024-2025 grant cycle for City projects as follows: a) Pickleball Courts at Hatbox $300,000.00; b) Teen Center/YVC Operations $150,000.00; c) City Attorney Juvenile and Adult Community Service Program $100,000.00; d) Coody Creek Trail design, $55,000.00; e) Coody Creek Trail construction, $1,470,000.00; f) River Country Water Park expansion, $2,000,000.00; g) Muskogee Police Department body cameras, $94,000.00, per year for five (5) years; and h) Muskogee Police Department tasers, $161,000.00, per year, for five (5) years. | |||||||||||||
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14 | Discuss and consider approval of Second Amended Ordinance No. 4198-A, an Ordinance Amending the City of Muskogee Code of Ordinances by Amending Chapter 74, Taxation, Article VIII, Use Tax, by Amending Section 74-237, Economic Development Fund, Amending Section 74-237(h) Removing the Subcommittee and Replacing it with an Economic Develoment Advisory Board, and Adding Sections (h) (1)-(8); Adding Section 74-237 (i) and Sections (i)(1) (a)-(e), Adding Section (2) and Sections (2) (a) and (b), Providing for Severability, Repealer and Setting an Effective Date, or take other necessary action. (Councilor Tracy Hoos) | ||||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Jaime Stout to approve of Second Amended Ordinance No. 4198-A, an Ordinance Amending the City of Muskogee Code of Ordinances by Amending Chapter 74, Taxation, Article VIII, Use Tax, by Amending Section 74-237, Economic Development Fund, Amending Section 74-237(h) Removing the Subcommittee and Replacing it with an Economic Develoment Advisory Board, and Adding Sections (h) (1)-(8); Adding Section 74-237 (i) and Sections (i)(1) (a)-(e), Adding Section (2) and Sections (2) (a) and (b), Providing for Severability, Repealer and Setting an Effective Date. | |||||||||||||
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15 | Consider approval of Ordinance No. 4222-A, an Ordinance amending the City of Muskogee Code of Ordinances, by adopting Chapter 18, Buildings and Building Regulations, Article X, Vacant and Abandoned Commercial Buildings, or take other necessary action. (Katrina Bodenhamer) City Attorney Katrina Bodenhamer stated this would amend an Ordinance already in place, moving it to a different section of code, and removing the requirement of the registry and fees. Ms. Bodenhamer stated an internal list may be kept for City use and would not be subject to the Open Records Act. Doug Walton, 2702 Gibson St., spoke in support of this Ordinance. Discussion followed. |
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Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Shirley Hilton-Flanary to approve Ordinance No. 4222-A, an Ordinance amending the City of Muskogee Code of Ordinances, by adopting Chapter 18, Buildings and Building Regulations, Article X, Vacant and Abandoned Commercial Buildings. | |||||||||||||
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16 | (Stricken) Consider approval of Ordinance No. 4221-A, an ordinance amending the City of Muskogee Code of Ordinances by repealing Chapter 18, Buildings and Building Regulations, Article II, Registration Certificates and Fees; Permits, Bonds and Insurance, Division 6, Vacant Building Registration, or take other necessary action. (Katrina Bodenhamer) | ||||||||||||
17 | Consider approval of Resolution No. 2973 declaring items of personal property presently in the possession of the City of Muskogee, to be surplus to the needs of the City of Muskogee, and authorize the City Manager to offer for sale or dispose of the same, all as per the attached list, or take other necessary action. (Mike Stewart) Assistant Public Works Director Avery Rigney stated this is traffic lighting equipment that is outdated and no longer in use by the City. Staff recommended approval. |
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Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Shirley Hilton-Flanary to approve Resolution No. 2973 declaring items of personal property presently in the possession of the City of Muskogee, to be surplus to the needs of the City of Muskogee, and authorize the City Manager to offer for sale or dispose of the same, all as per the attached list. | |||||||||||||
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18 | Consider approval to authorize the City Manager to execute an Engagement Letter with Hood & Associates, Certified Public Accountants, to perform review of financial statements and prepare audit report for FY2023, or take other necessary action. (Dennis Read) Assistant City Manager Roger Kolman stated this is for the fiscal year ending June 30, 2023. |
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Motion was made by Councilmember Jaime Stout, seconded by Councilmember Tracy Hoos to authorize the City Manager to execute an Engagement Letter with Hood & Associates, Certified Public Accountants, to perform review of financial statements and prepare audit report for FY2023. | |||||||||||||
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19 | (No Action) Receive report on upcoming municipal election dates and encouraging and informing citizens about voting opportunities. (Mayor Marlon J. Coleman) Councilmember Jaime Stout encouraged citizens to vote on February 13, 2024. |
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20 | Consider approval to allocate $10,000.00 of hotel/motel tax, to sponsor the Oklahoma Music Hall of Fame Induction Ceremony, or take other necessary action. (Councilor Jaime Stout) | ||||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Tracy Hoos to allocate $10,000.00 of hotel/motel tax, to sponsor the Oklahoma Music Hall of Fame Induction Ceremony. | |||||||||||||
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21 | Consider an Executive Session to discuss and take possible action on the following: | ||||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Alex Reynolds to approve to enter into Executive Session. | |||||||||||||
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Council entered into Executive Session at 6:20 p.m. Council reconvened into Regular Session at 6:35 p.m. Meeting was called to order by Deputy Mayor Derrick Reed, and the City Clerk called the Roll as follows: Present: Derrick Reed, Deputy Mayor; Jaime Stout, Councilmember; Alex Reynolds, Councilmember; Tracy Hoos, Councilmember; Shirley Hilton-Flanary, Councilmember; Perline Boyattia-Craig, Councilmember; Patrick Cale, Councilmember Absent: Marlon J. Coleman, Mayor; Traci McGee, Councilmember |
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a | Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss a Worker's Compensation claim, No. CM3-2023-00490H, and if necessary, take appropriate action in Open Session. (Katrina Bodenhamer) | ||||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Alex Reynolds to approve Worker's Compensation claim No. CM3-2023-00490H as discussed in Executive Session. | |||||||||||||
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b | Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss the pending tort claim of Marion Hunter, and if necessary, take appropriate action in Open Session. (Katrina Bodenhamer) | ||||||||||||
Motion was made by Councilmember Perline Boyattia-Craig, seconded by Councilmember Tracy Hoos to approve tort claim of Marion Hunter as discussed in Executive Session. | |||||||||||||
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c | (No Action) Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in Executive Session to provide an update regarding (PFAS) contamination In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873, United States District Court, District of South Carolina, and take other necessary action in Open Session. (Katrina Bodenhamer) | ||||||||||||
d | (No Action) Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss the on-going litigation styled Quintana v. City of Muskogee et al., filed in the United States District Court for the Eastern District of Oklahoma, Case No. 23-VC-389-RAW, and if necessary, take appropriate action in Open Session. (Katrina Bodenhamer) | ||||||||||||
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DERRICK REED, DEPUTY MAYOR
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TAMMY L. TRACY, CITY CLERK
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