MINUTES
OF THE CITY COUNCIL
OF THE CITY OF MUSKOGEE, OKLAHOMA, MET IN REGULAR SESSION IN COUNCIL CHAMBERS OF CITY HALL
APRIL 22, 2024
The City Council of the City of Muskogee, Oklahoma, met in Regular Session at 5:30 p.m., on April 22, 2024, in Council Chambers, Municipal Building, 229 W. Okmulgee Ave., Muskogee, Oklahoma, with Mayor W. Patrick Cale presiding.
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Meeting was called to order by Mayor W. Patrick Cale and the City Clerk called the roll as follows: |
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Councilmember Dan Hall and Councilmember Tom Martindale were absent from the meeting. | |||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Deputy Mayor Derrick Reed to excuse the absence of Councilmember Dan Hall and Councilmember Tom Martindale. | |||||||||||
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APPROVAL OF MINUTES: CITY COUNCIL REGULAR SESSION MARCH 25, 2024, OR TAKE OTHER NECESSARY ACTION. |
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Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Melody Cranford to approve Minutes: City Council Regular Session March 25, 2024. | |||||||||||
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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. |
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Motion was made by Councilmember Jaime Stout, seconded by Deputy Mayor Derrick Reed to approve Consent Agenda Items one (1) through four (4). | |||||||||||
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1 | Approval of Change Order No. 1 for the US-62 Highway and Country Club Road Signalization Project No. 2023004, with TLS Group, Inc., in the amount of $22,715.32 for quantity overruns, or take other necessary action. (Mike Stewart) | ||||||||||
2 | Approval to purchase a 2023 Caterpillar 303.5 CR Mini Excavator for the Parks & Recreation Department in the amount of $66,950.00, utilizing Sourcewell cooperative purchase pricing, or take other necessary action. (Mark Wilkerson) | ||||||||||
3 | Approval to apply for, and if awarded, accept the 2024 Attorney General's Safe Oklahoma Grant in the amount of $17,600.00, or take other necessary action. (Johnny Teehee) | ||||||||||
4 | Approval of amended Council Policy 3-3-3, Vacation Leave Policy, or take other necessary action. (Maggie Eaton) | ||||||||||
REGULAR AGENDA
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5 | (No Action) Receive presentation relating to the proposed Tax Increment Districts of the City of Muskogee and Muskogee County, and take other necessary action. (Mike Miller) City Manage Mike Miller stated there are many important economic development projects underway currently. City Council began this process on October 9, 2023, and established a TIF Review Committee that has met three (3) times since. Nate Ellis, Public Finance Law Group, stated a TIF District is an economic development tool that allows a city to identify a specific geographic area to capture the incremental new tax revenue that is generated as a result of development, and use that revenue to help offset infrastructure costs and other necessary costs related to making these projects move forward. It is created by City Ordinance or County Resolution after completion of the TIF process. Mr. Ellis explained the TIF Process as first requiring a determination of eligibility, then the development of a project plan, and the creation of a TIF Review Committee comprised of representatives of City, County, City Planning Commission, County Commissioners, affected taxing jurisdictions and other at-large community members. The TIF Review Committee and City's Planning Commission review the project plan. Two (2) Public Hearings must be held, after which Council will consider an Ordinance to approve the project plan and creating a TIF, and County Commissioners consider a Resolution approving the project plan and creating the TIF. Increment District No. 1 (one), Muskogee County, is an existing county TIF for proposed termination. It was formerly proposed as a manufacturing facility that did not come to fruition. Proposed projects for the new Muskogee Increment Districts are:
Tax Increment District #2, Muskogee County, is a 15-year term ending no later than December 31, 2039. It will capture 100% of new ad valorem increment revenue and 50% of new construction sales tax increment revenue. Tax Increment District #6, City of Muskogee, is a 17-year term ending no later than December 31, 2041. It will capture 100% of new ad valorem increment revenue and 50% of new construction sales tax increment revenue. The total projected TIF revenues for Increment District No. 2 (two) are estimated at $4.88 million, and $38.35 million for Increment District No. 6 (six). The City and County will apportion TIF revenues pursuant to the respective Project Plan. The City Manager and County Commissioner Chairperson are in charge of implementation, and City/County will approve public agreements with developers as appropriate. The Projects are expected to impact the community by increasing the population and associated needs (capital infrastructure and service demands). Temporary construction and permanent employment will greatly increase retail spending opportunities within the City and the County, helping generate new tax dollars. Ancillary development outside the TIF District may generate additional revenue for taxing entities. New business inside Increment District areas will create short-term and long-term employment opportunities, likely resulting in increased retail spending, benefiting local businesses. On March 15, 2024, the TIF Review Committee completed their third meeting, recommending approval of the TIF Districts. The first Public Hearing was held on April 8, 2024. The City of Muskogee Planning Commission reviewed the information on April 15, 2024, and recommended approval. The second Public Hearing is April 22, 2024, and Council will consider adoption of the ordinance to create Increment District No. 6 (six). On April 29, 2024, Muskogee County Commissioners will consider adoption of TIF Resolutions (termination of Increment District No. 1 (one) and creation of Increment District No. 2 (two)). |
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6 | Hold a Public Hearing regarding the proposed creation of Increment District No. 6, City of Muskogee and the Southside Industrial Park Economic Development Project Plan, or take other necessary action. (Mike Miller) Mayor Cale opened the Public Hearing. No citizens signed up to speak on this item. Mayor Cale closed the Public Hearing. |
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Motion was made by Councilmember Jaime Stout, seconded by Councilmember Melody Cranford to approve the proposed creation of Increment District No. 6, City of Muskogee and the Southside Industrial Park Economic Development Project Plan. | |||||||||||
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7 | Hold a Public Hearing regarding the proposed creation of Increment District No. 2, Muskogee County and the John T. Griffin Industrial Park Economic Development Project Plan, or take other necessary action. (Mike Miller) Mayor Cale opened the Public Hearing. No citizens signed up to speak on this item. Mayor Cale closed the Public Hearing. |
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Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Tracy Hoos to approve the proposed creation of Increment District No. 2, Muskogee County and the John T. Griffin Industrial Park Economic Development Project Plan. | |||||||||||
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8 | Hold a Public Hearing and consider approval of the proposed termination of Increment District No. 1, Muskogee County and the Project Plan Relating to Increment District No. 1, Muskogee County, Oklahoma (Project Faith Increment District), or take other necessary action. (Mike Miller) Mayor Cale opened the Public Hearing. No citizen signed up to speak on this item. Mayor Cale closed the Public Hearing. |
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Motion was made by Councilmember Shirley Hilton-Flanary, seconded by Councilmember Jaime Stout to approve the proposed termination of Increment District No. 1, Muskogee County and the Project Plan Relating to Increment District No. 1, Muskogee County, Oklahoma (Project Faith Increment District). | |||||||||||
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9 | Consider approval of Ordinance No. 4233-A, an Ordinance of the City of Muskogee, Oklahoma (the "City") approving utilization of apportioned tax revenues authorized by statewide vote adopting Article 10, Section 6C of the Oklahoma Constitution and implemented by the Local Development Act, 62 O.S. §850, et seq.; approving and adopting the Southside Industrial Park Economic Development Project Plan and expressing intent to carry out the Project Plan; ratifying and confirming the actions, recommendations and findings of the Review Committee and the Planning Commission; creating and establishing Increment District No. 6, City of Muskogee; designating and adopting the Increment District boundaries and the Project Area boundaries; adopting certain findings; reserving to the City the authority to make minor amendments to the Project Plan; authorizing the City Council of the City to carry out and administer the Project Plan; establishing a Tax Apportionment Fund; authorizing directions for prospective apportionment of tax increments; establishing an allocation of use for tax increments; declaring apportionment funds to be funds of the City and limiting the pledge of apportioned increments to increments actually apportioned by the City; authorizing the City Council of the City, or a public trust designated thereby, to implement the Project Plan utilizing apportioned tax increments to pay or reimburse project costs directly and/or to issue bonds or notes, if feasible and desirable, to pay project costs and to retire said bonds or notes from apportioned tax increments; providing for severability; declaring an emergency; and containing other provisions related thereto, or take other necessary action. (Mike Miller) | ||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Melody Cranford to approve Ordinance No. 4233-A, an Ordinance of the City of Muskogee, Oklahoma (the "City") approving utilization of apportioned tax revenues authorized by statewide vote adopting Article 10, Section 6C of the Oklahoma Constitution and implemented by the Local Development Act, 62 O.S. §850, et seq.; approving and adopting the Southside Industrial Park Economic Development Project Plan and expressing intent to carry out the Project Plan; ratifying and confirming the actions, recommendations and findings of the Review Committee and the Planning Commission; creating and establishing Increment District No. 6, City of Muskogee; designating and adopting the Increment District boundaries and the Project Area boundaries; adopting certain findings; reserving to the City the authority to make minor amendments to the Project Plan; authorizing the City Council of the City to carry out and administer the Project Plan; establishing a Tax Apportionment Fund; authorizing directions for prospective apportionment of tax increments; establishing an allocation of use for tax increments; declaring apportionment funds to be funds of the City and limiting the pledge of apportioned increments to increments actually apportioned by the City; authorizing the City Council of the City, or a public trust designated thereby, to implement the Project Plan utilizing apportioned tax increments to pay or reimburse project costs directly and/or to issue bonds or notes, if feasible and desirable, to pay project costs and to retire said bonds or notes from apportioned tax increments; providing for severability; declaring an emergency; and containing other provisions related thereto. | |||||||||||
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Motion was made by Councilmember Tracy Hoos, seconded by Deputy Mayor Derrick Reed to declare Ordinance No. 4233-A an emergency. | |||||||||||
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10 | Consider approval of Resolution No. 2986, a resolution creating, naming, and establishing the commencement date for Increment District No. 6, City of Muskogee; ratifying and confirming Ordinance No. 4233-A of the City Council of the City of Muskogee, Oklahoma; providing for severability; and containing other provisions related thereto, or take other necessary action. (Mike Miller) | ||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Tracy Hoos to approve Resolution No. 2986, a resolution creating, naming, and establishing the commencement date for Increment District No. 6, City of Muskogee; ratifying and confirming Ordinance No. 4233-A of the City Council of the City of Muskogee, Oklahoma; providing for severability; and containing other provisions related thereto. | |||||||||||
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11 | Hold a Public Hearing and consider the adoption of Ordinance 4230-A requesting the annexation of a portion of the John T. Griffin Industrial Park as I-2, Heavy Industrial, located within Section 10, Township 14 North, Range 18 East into the city limits of Muskogee, or take other necessary action. (Jody King) Mayor Cale opened the Public Hearing. Planning Director Jody King stated there are seven (7) parcels being annexed and adopted by the City. The parcels are currently owned by the Muskogee City-County Port Authority who requested the annexation in an effort to continue the industrial growth and development of the community. No citizens signed up to speak on this item. Mayor Cale closed the Public Hearing. |
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Motion was made by Councilmember Jaime Stout, seconded by Councilmember Shirley Hilton-Flanary to approve Ordinance 4230-A requesting the annexation of a portion of the John T. Griffin Industrial Park as I-2, Heavy Industrial, located within Section 10, Township 14 North, Range 18 East into the city limits of Muskogee. | |||||||||||
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12 | (Stricken) Hold a Public Hearing and consider approval of Ordinance No. 4223-A, rezoning the property located at 4340 Eufaula Street, in the City of Muskogee, from I-1 Light Industrial, to R-5 Mobile Home, and if approved, authorize Staff to revise the official zoning map, or take other necessary action. (Jody King) | ||||||||||
13 | Consider approval of Resolution No. 2980 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, or his designee, to offer for sale or dispose of the same, all as per the attached list, or take other necessary action. (Dennis Read) | ||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Councilmember Tracy Hoos to approve Resolution No. 2980 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, or his designee, to offer for sale or dispose of the same, all as per the attached list. | |||||||||||
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14 | Consider approval of Resolution No. 2987 declaring the eligibility of the City of Muskogee to submit an application to the Oklahoma Department of Transportation for use of Transportation Alternatives Program Funds set forth by the Infrastructure Investments and Jobs Act ("IIJA") for the N. 12th Street Sidewalk TAPS Grant Project in the City of Muskogee and authorizing the Mayor of the City of Muskogee to sign the application, or take other necessary action. (Mark Wilkerson) Parks and Recreation Director Mark Wilkerson stated this application is through the Oklahoma Department of Transportation (ODOT) to build a super sidewalk from Martin Luther King Street, north to Shawnee Bypass, crossing Shawnee Bypass, and continuing on to Wal-Mart (approximately). The super sidewalk is intended for both pedestrians and cyclists. If approved, ODOT will cover 80% of the cost, leaving 20% to the City. The resolution is a requirement of the grant, and Staff recommends approval. |
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Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Shirley Hilton-Flanary to approve Resolution No. 2987 declaring the eligibility of the City of Muskogee to submit an application to the Oklahoma Department of Transportation for use of Transportation Alternatives Program Funds set forth by the Infrastructure Investments and Jobs Act ("IIJA") for the N. 12th Street Sidewalk TAPS Grant Project in the City of Muskogee and authorizing the Mayor of the City of Muskogee to sign the application. | |||||||||||
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15 | Consider approval of the nomination of Councilor Derrick Reed to serve as Deputy Mayor, or take other necessary action. (Mayor Patrick Cale) | ||||||||||
Motion was made by Mayor W. Patrick Cale, seconded by Councilmember Jaime Stout to approve of the nomination of Councilor Derrick Reed to serve as Deputy Mayor. | |||||||||||
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16 | Consider approval of claims for all City departments March 2, 2024 through March 29, 2024, or take other necessary action. | ||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Deputy Mayor Derrick Reed to approve of claims for all City departments March 2, 2024 through March 29, 2024. | |||||||||||
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17 | Consider approval to accept a grant from ODEQ in the amount of $30,000 for reimbursement of funds expended on the Household Hazardous Waste Collection Event, and authorize the City Manager to negotiate and execute an agreement of an Interagency Contract between the Oklahoma Department of Environmental Quality (ODEQ) and the City of Muskogee, for the reimbursement of a Household Hazardous waste event in FY2024, or take other necessary action. (Mike Stewart) | ||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Councilmember Shirley Hilton-Flanary to approve to accept a grant from ODEQ in the amount of $30,000 for reimbursement of funds expended on the Household Hazardous Waste Collection Event, and authorize the City Manager to negotiate and execute an agreement of an Interagency Contract between the Oklahoma Department of Environmental Quality (ODEQ) and the City of Muskogee, for the reimbursement of a Household Hazardous waste event in FY2024. | |||||||||||
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18 | Consider approval to accept a grant from the Muskogee Medical Foundation in the amount of $16,585.46 to be used for equipment and training for the Muskogee Police Department Medical Support Unit, or take other necessary action. (Johnny Teehee) Police Chief Johnny Teehee stated this is a unit that is already working and saving lives. This grant provides the opportunity to purchase additional equipment and replace outdated equipment. |
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Motion was made by Councilmember Jaime Stout, seconded by Councilmember Shirley Hilton-Flanary to approve to accept a grant from the Muskogee Medical Foundation in the amount of $16,585.46 to be used for equipment and training for the Muskogee Police Department Medical Support Unit. | |||||||||||
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19 | Consider approval of lowest and best bid from SPATCO Energy Solutions, in the amount of $852,183.21, for New Central Fueling Station Project No. 2023006, or take other necessary action. (Robert Swepston) | ||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Jaime Stout to approve of lowest and best bid from SPATCO Energy Solutions, in the amount of $852,183.21, for New Central Fueling Station Project No. 2023006. | |||||||||||
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20 | Consider approval to award bids for lawn maintenance services for FY2024-2025, tentatively beginning July 1, 2024 through June 30, 2025 for specified city properties, or take other necessary action. (Mark Wilkerson) | ||||||||||
Motion was made by Councilmember Jaime Stout, seconded by Councilmember Shirley Hilton-Flanary to approve to award bids for lawn maintenance services for FY2024-2025, tentatively beginning July 1, 2024 through June 30, 2025 for specified city properties. | |||||||||||
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21 | Consider the appointment of Councilor Jaime Stout to the City of Muskogee Foundation Board, to fill the unexpired term of Councilor Alex Reynolds, beginning April 23, 2024, and ending on July 31, 2024, or take other necessary action. (Councilor Tracy Hoos) | ||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Deputy Mayor Derrick Reed to approve the appointment of Councilor Jaime Stout to the City of Muskogee Foundation Board, to fill the unexpired term of Councilor Alex Reynolds, beginning April 23, 2024, and ending on July 31, 2024. | |||||||||||
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22 | (Stricken) Receive report on the appointment of Mayor Patrick Cale to the Economic Development Advisory Board, or take other necessary action. (Mayor Patrick Cale) | ||||||||||
23 | (Stricken) Discuss and consider approval of the appointment of Deputy Mayor Derrick Reed and Councilor Tracy Hoos to the Economic Development Advisory Committee, or take other necessary action. (Mayor Patrick Cale) | ||||||||||
24 | (No Action) Receive report on status of negotiations with Port Muskogee on the contract for Industrial Development services, or take other necessary action. (Katrina Bodenhamer) City Attorney Katrina Bodenhamer stated negotiations with the Port of Muskogee are nearing completion. Discussion followed. |
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25 | Discuss and consider the appointment of two (2) City Councilmembers to lead a proactive policy and procedures committee to deal with the homeless population, and homeless persons being dropped off in the City of Muskogee from other areas, as well as, direction on nominating three (3) members from entities being directly impacted by the homeless to serve on the committee, or take other necessary action. (Mike Miller) | ||||||||||
Motion was made by Mayor W. Patrick Cale, seconded by Councilmember Jaime Stout to appoint Councilmember Melody Cranford and Councilmember Shirley Hilton-Flanary to the proactive homeless committee. | |||||||||||
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26 | Consider directing Staff to prepare a budget amendment, transferring funds in the amount of $455,000.00 from the City's Hotel/Motel Tax Fund, to the Muskogee Tourism Authority, to be restricted for tourism capital expenditures or support for major tourism projects. (Mayor Patrick Cale and Councilmember Jaime Stout) Tracy McGee, 2406 Chicago, spoke about transparency and accountability in the budget. |
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Motion was made by Councilmember Jaime Stout, seconded by Councilmember Shirley Hilton-Flanary to approve directing Staff to prepare a budget amendment, transferring funds in the amount of $455,000.00 from the City's Hotel/Motel Tax Fund, to the Muskogee Tourism Authority, to be restricted for tourism capital expenditures or support for major tourism projects. | |||||||||||
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RECOGNIZE CITIZENS WISHING TO SPEAK TO THE MAYOR AND COUNCIL. |
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27 | Consider an Executive Session to discuss and take possible action on the following: Councilmember Hoos left the meeting. |
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Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Melody Cranford to approve to enter into Executive Session. | |||||||||||
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Council entered into Executive Session at 6:40 p.m. Councilmember Hoos returned to the meeting at 6:45 p.m. Councilmember Abel left the meeting at 7:00 p.m. Council returned from Executive Session at 7:05 p.m. Meeting was called to order by Mayor W. Patrick Cale, and the City Clerk called the roll as follows:
Present: Mayor W. Patrick Cale; Deputy Mayor Derrick Reed; Councilmember Jaime Stout; Councilmember Tracy Hoos; Councilmember Shirley Hilton-Flanary; Councilmember Melody Cranford
Absent: Councilmember Dan Hall; Councilmember Tom Martindale; Councilmember C.B. Abel |
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a | Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss negotiations with the International Association of Firefighters, Local No. 57 and, if necessary, take appropriate action in Open Session. (Maggie Eaton) | ||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Councilmember Jaime Stout to direct Staff to negotiate with the International Association of Firefighters, Local No. 57 as discussed in Executive Session. | |||||||||||
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b | Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss negotiations with the Fraternal Order of Police Lodge No. 95 and if necessary, take appropriate action in Open Session. (Maggie Eaton) | ||||||||||
Motion was made by Councilmember Tracy Hoos, seconded by Deputy Mayor Derrick Reed to direct Staff to negotiate with the Fraternal Order of Police Lodge No. 95 as discussed in Executive Session. | |||||||||||
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c | Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider convening in Executive Session to discuss negotiations with the American Federation of State, County and Municipal Employees Local No. 2465 and, if necessary, take appropriate action in Open Session. (Maggie Eaton) | ||||||||||
Motion was made by Councilmember Melody Cranford, seconded by Councilmember Tracy Hoos to direct Staff to negotiate with the American Federation of State, County and Municipal Employees Local No. 2465 as discussed in Executive Session. | |||||||||||
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ADJOURN
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__________________________________
W. PATRICK CALE, MAYOR
_______________________________
TAMMY L. TRACY, CITY CLERK
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