MINUTES
OF THE CITY COUNCIL
OF THE CITY OF MUSKOGEE, OKLAHOMA MET IN A SPECIAL CALL SESSION IN COUNCIL CHAMBERS OF CITY HALL MAY 20, 2024
The City Council of the City of Muskogee, Oklahoma, met in a Special Call Session at 5:30 p.m., on May 20, 2024, in Council Chambers, Municipal Building, 229 W. Okmulgee Ave., Muskogee, Oklahoma, with Mayor W. Patrick Cale presiding.
|
||||||||||||||
Meeting was called to order by Mayor W. Patrick Cale and the Deputy City Clerk called the roll as follows:
|
||||||||||||||
|
||||||||||||||
CONSENT AGENDA
|
|||||||||||||||||||||||||||||||||||||||||
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 Deputy Mayor Derrick Reed, seconded by Councilmember Shirley Hilton-Flanary to approve Consent Agenda Items one (1) through 13. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
1 | Approval of claims for all City departments March 30, 2024 through May 3, 2024, or take other necessary action. | ||||||||||||||||||||||||||||||||||||||||
2 | Approval to apply for, and if selected, accept the 2024 Law Enforcement Mental Health and Wellness Act Peer Support Implementation Project Grant through the U.S. Department of Justice, Office of Community Oriented Policing Services, in the maximum amount of $200,000.00, or take other necessary action. (Johnny Teehee) | ||||||||||||||||||||||||||||||||||||||||
3 | Approval of Change Order No's. 0, 1, 2, 3, and 4 for the River Country Family Waterpark Renovation, with Allison Landscape & Pools Co., in the amount of $105,949.79, for site improvements, receive update on progress of project, and take other necessary action. (Mark Wilkerson) | ||||||||||||||||||||||||||||||||||||||||
4 | Approval to authorize the City Manager to execute an Engagement Letter with Crawford and Associates, Certified Public Accountants, to perform audit preparation and produce financial statements for the FY2024 audit, or take other necessary action. (Dennis Read) | ||||||||||||||||||||||||||||||||||||||||
5 | Approval of the City of Muskogee Foundation Board of Directors appointing of Sheena Bair, replacing Aaron George, to serve a six (6) year term, beginning August 1, 2024, and ending July 31, 2030, or take other necessary action. (Mike Miller) | ||||||||||||||||||||||||||||||||||||||||
6 | Approval of the City of Muskogee Foundation Board of Directors appointing of John Hays, replacing James Gulley, to serve a six (6) year term, beginning August 1, 2024, and ending July 31, 2030, or take other necessary action. (Mike Miller) | ||||||||||||||||||||||||||||||||||||||||
7 | Approval of the City of Muskogee Foundation Board of Directors appointing of Kimberly Williams, replacing Jerri Stoutermire, to serve a six (6) year term, beginning August 1, 2024, and ending July 31, 2030, or take other necessary action. (Mike Miller) | ||||||||||||||||||||||||||||||||||||||||
8 | Approval of the final plat of ACT MD Addition, consisting of two (2) lots on five (5) acres, located on Hancock Street west of Foltz Lane, or take other necessary action. (Jody King) | ||||||||||||||||||||||||||||||||||||||||
9 | Approval to accept ODEQ Permit No. SL000051240028, for the construction of 1,623 linear feet of eight (8) inch PVC sanitary sewer line plus all the appurtenances, to serve the Green Country Behavioral Health Sewer Line Extention, Muskogee County, Oklahoma, or take other necessary action. (Mike Stewart) | ||||||||||||||||||||||||||||||||||||||||
10 | Approval to authorize the City Manager to amend the Muskogee Water System Maintenance Contract and Street Repair Contract between the City of Muskogee and Cook Consulting, LLC, by increasing the not-to-exceed limit to $675,000.00, for the remaining fiscal year, from the original amount of $575,000, or take other necessary action. (Mike Stewart) | ||||||||||||||||||||||||||||||||||||||||
11 | Approval for final payment in the amount $77,999.19, to Rosscon, LLC, for completion of the SE Zone Mill and Overlay Project No. 2023027, or take other necessary action. (Mike Stewart) | ||||||||||||||||||||||||||||||||||||||||
12 | Approval to authorize the removal of the traffic signal at Gibson and North J Streets, replacing with a 4-way stop, pending the results of a traffic engineering study, or take other necessary action. (Mike Stewart) | ||||||||||||||||||||||||||||||||||||||||
13 | Approval to nominate and appoint Councilmember Dan Hall as Vice-Chair of the Public Works Committee, or take other necessary action. (Mayor W. Patrick Cale) | ||||||||||||||||||||||||||||||||||||||||
REGULAR AGENDA
|
|||||||||||||||||||||||||||||||||||||||||
14 | (No Action) Receive presentation relating to the proposed Muskogee Capital Improvement Funding Program for the City of Muskogee, or take other necessary action. (Mike Miller) City Manager Mike Miller stated Council and Staff have been in the planning process for more than two (2) years for a General Obligation Bond (GO Bond). He explained he requested both the Police and Fire Chief to put together a capital program, analyzing needs as far as public safety. Another one was created for the City in an effort to see the current and future needs, and investigate current and future funding. He stated what was discovered was that funding through the sales tax alone is not working. Other cities are using the GO Bond to meet their city's needs. Mr. Miller explained at the Budget Retreat 2023, Council gave direction to pursue the GO Bond with an emphasis on deferred maintenance and facilities. In May 2023, Council directed Staff to hold an election in 2023 for a 25-year, $77 million bond. In July 2023, Council voted unanimously to continue work on the bond, but to postpone until 2024. Council authorized the public opinion survey to be conducted, and chose projects for Bond consideration in April 2024. Now, we have reached the point to consider calling an election to extend the CIP Sales Tax and implement a GO Bond. Mr. Miller explained A GO Bond is ad valorem tax money and cannot be used for any purpose other than those approved by voters. By State Statute, the specific use for at least 70% of the bond funds must be attached to projects and dollar amounts in the ordinance used to call for the election. He stated 100% of bond funds must be used in accordance with the category of project type as approved by voters or individual propositions on the ballot, whether specifically allocated to a project or not. The bonds must be sold at a competitive price at an appointed date and time. The interest rate on the bonds cannot exceed 10%, and the term cannot exceed 25 years. Mr. Miller stated the monthly cost for a $100,000.00 home would be $12.50 per month for the new 15 mill levy and would begin in the 2025 tax year. The questionnaire was completed by 593 citizens and 69% were in support of a bond, with infrastructure being most important at 88%. All categories showed strong support. Mr. Miller stated there are 92 days between now and the election which is a great opportunity to educate the community. Mandy Vavrinak, Crossroads Communications, a firm hired by the City to assist with the GO Bond, is working to make sure we have a robust community education program. Ms. Vavrinak explained the public information process is a critical piece of involving voters, and the goal is for everyone in Muskogee to vote. Discussion followed. |
||||||||||||||||||||||||||||||||||||||||
15 | Consider approval of Ordinance No. 4234-A, an Ordinance of the Council of the City of Muskogee, Oklahoma, authorizing the calling and holding of a special election in the City of Muskogee, State of Oklahoma (the "City"), on the 27th day of August, 2024, for the purpose of submitting to the registered qualified electors of said City the question of the issuance of General Obligation Bonds of said City in an amount not to exceed the sum of Seventy Eight Million Six Hundred Eighty Five Thousand Dollars ($78,685,000) to be issued in series to provide funds for the purposes of: (i) acquiring, constructing, expanding, renovating, repairing, and/or equipping public safety buildings, facilities, and equipment, all to be owned exclusively by the City, (ii) constructing, reconstructing, repairing, improving, and rehabilitating streets, roads, bridges, and intersections in the City (including lighting, sidewalks/bikepaths, landscaping, related drainage improvements, driveway reconstruction, utility relocation, and other related improvements); and (iii) constructing, expanding, repairing, which may also include improving, renovating, acquiring and equipping community facilities, all to be owned exclusively by the City; all to be completed with or without the use of other funds, and levying and collecting an annual tax, in addition to all other taxes, upon all the taxable property in said City for the payment of the interest and principal on said bonds; providing for election procedures; authorizing professional services agreements pertaining to the issuance of said bonds; declaring an emergency; and containing other provisions related thereto, or take other necessary action. (Mike Miller) Ron Dean spoke in opposition of the GO Bond. Vernon Antonioni requested the City wait to bring the GO Bond to a vote. William C. Carraway, Jr. stated his priorities are infrastructure and schools. Gregg Webb spoke in favor of the bond, just not at this time. Ivory Vann spoke in favor of the GO Bond. Mason Cale spoke in favor of the GO Bond. City Manager Mike Miller stated there are three (3) propositions for the GO Bond: community facilities, street and bridge projects, and public safety. GO Bond Propositions - Community Facilities $17,400,000.00
GO Bond Propositions – Street and Bridge Projects $14,110,000.00
GO Bond Propositions – Public Safety $47,175,000.00
Fire Chief Jody Moore stated it was approximately two (2) years ago when the City Manager approached him about the needs of the fire department. The station on York Street has issues with structural integrity, and it sits too close to the street. A new station would be on this same property, but further back from the street. He explained fire trucks cost around $600,000.00, but also, if we ordered one (1) today, it would be two (2) years before we received it. Without working equipment, it could be detrimental to our citizens. Extracation equipment is due for replacement. Mr. Moore stated the City provides mutual aid to departments outside of the city, and specialty equipment is used to help those in our surrounding areas. Police Chief Johnny Teehee stated the potential for the GO Bond has increased morale in the police department. Currently, they are housed inside the City Hall building in the old arena. The building is always cold, and space heaters are in use. There is not adequate space to store evidence. More than once, a pipe has busted and ruined an office. Chief Teehee stated they lose employees to other agencies because of more money and/or better equipment. Discussion followed |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Shirley Hilton-Flanary to approve of Ordinance No. 4234-A, an Ordinance of the Council of the City of Muskogee, Oklahoma, authorizing the calling and holding of a special election in the City of Muskogee, State of Oklahoma (the "City"), on the 27th day of August, 2024, for the purpose of submitting to the registered qualified electors of said City the question of the issuance of General Obligation Bonds of said City in an amount not to exceed the sum of Seventy Eight Million Six Hundred Eighty Five Thousand Dollars ($78,685,000) to be issued in series to provide funds for the purposes of: (i) acquiring, constructing, expanding, renovating, repairing, and/or equipping public safety buildings, facilities, and equipment, all to be owned exclusively by the City, (ii) constructing, reconstructing, repairing, improving, and rehabilitating streets, roads, bridges, and intersections in the City (including lighting, sidewalks/bikepaths, landscaping, related drainage improvements, driveway reconstruction, utility relocation, and other related improvements); and (iii) constructing, expanding, repairing, which may also include improving, renovating, acquiring and equipping community facilities, all to be owned exclusively by the City; all to be completed with or without the use of other funds, and levying and collecting an annual tax, in addition to all other taxes, upon all the taxable property in said City for the payment of the interest and principal on said bonds; providing for election procedures; authorizing professional services agreements pertaining to the issuance of said bonds; declaring an emergency; and containing other provisions related thereto. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Shirley Hilton-Flanary to declare this Agenda Item an emergency. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
16 | Consider approval of Ordinance No. 4235-A, an Ordinance of the City of Muskogee, Oklahoma, relating to the imposition of a City excise tax (sales tax) of one-half of one percent (0.5%) (in addition to any and all other excise taxes now in force) to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code; providing for the use of the proceeds of said excise tax; providing for the effective date of said excise tax to begin on October 1, 2025, and terminate on September 30, 2031; providing for subsisting State permits; providing for payment of tax; providing that the tax is in addition to taxes currently levied; incorporating certain provisions of prior City ordinances; providing for amendments to this Ordinance; providing that the provisions of this Ordinance are cumulative and in addition to any and all taxing provisions of other City ordinances; providing for severability of provisions; and containing other provisions related thereto, or take other necessary action. (Mike Miller) Ivory Vann spoke in favor of Ordinance No. 4235-A, keeping the city sales tax. City Manger Mike Miller stated this is a half cent sales tax from 2019 that is expiring in 2025. He explained there is about $23,000,000.00 in projected revenue from this half cent sales tax. The new tax would go into effect on October 1, 2025 for six years, ending September 30, 2031, keeping the tax rate exactly what it is today. This will be used for Capital Improvements: Street Maintenance, Rehabilitation of City Hall, Rehabilitiation of Public Works Building, HVAC and interior improvements at the Library, and Water Treatment Plant flood protection at the Port of Muskogee. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Councilmember C.B. Abel, seconded by Councilmember Dan Hall to approve Ordinance No. 4235-A, an Ordinance of the City of Muskogee, Oklahoma, relating to the imposition of a City excise tax (sales tax) of one-half of one percent (0.5%) (in addition to any and all other excise taxes now in force) to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code; providing for the use of the proceeds of said excise tax; providing for the effective date of said excise tax to begin on October 1, 2025, and terminate on September 30, 2031; providing for subsisting State permits; providing for payment of tax; providing that the tax is in addition to taxes currently levied; incorporating certain provisions of prior City ordinances; providing for amendments to this Ordinance; providing that the provisions of this Ordinance are cumulative and in addition to any and all taxing provisions of other City ordinances; providing for severability of provisions; and containing other provisions related thereto. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
17 | Consider approval of Resolution No. 2994, a Resolution authorizing the calling and holding of a special election in the City of Muskogee, State of Oklahoma (the "City"), on the 27th day of August, 2024, for the purpose of submitting to the registered qualified electors of said City the question of approval or rejection of Ordinance No. 4235-A of the City relating to a one-half of one percent (0.5%) excise tax (sales tax), in addition to all present City, County and State excise taxes, with the proceeds of said tax to be used to fund capital expenditures, including but not limited to the streets, utilities, public safety, and community facilities of the City, or debt service in connection with said capital expenditures, as more specifically set out in Ordinance No. 4235-A of said City; and containing other provisions related thereto, or take other necessary action. (Mike Miller) City Manager Mike Miller stated in order to complete the process, a resolution is required with the ordinance. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Councilmember Shirley Hilton-Flanary, seconded by Councilmember Melody Cranford to approve Resolution No. 2994, a Resolution authorizing the calling and holding of a special election in the City of Muskogee, State of Oklahoma (the "City"), on the 27th day of August, 2024, for the purpose of submitting to the registered qualified electors of said City the question of approval or rejection of Ordinance No. 4235-A of the City relating to a one-half of one percent (0.5%) excise tax (sales tax), in addition to all present City, County and State excise taxes, with the proceeds of said tax to be used to fund capital expenditures, including but not limited to the streets, utilities, public safety, and community facilities of the City, or debt service in connection with said capital expenditures, as more specifically set out in Ordinance No. 4235-A of said City; and containing other provisions related thereto. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
18 | Consider approval of Amended City Council Policy 3-6-7, Collective Bargaining, or take other necessary action. (Maggie Eaton) Human Resources Director Maggie Eaton explained Council directed Staff to amend Council Policy 3-6-7 to allow them to streamline the negotiation process by removing "Further, as negotiations continue, any subsequent offers or counteroffers shall be approved by Council prior to submission to the respective collective bargaining unit". Council will provide initial direction and allow Staff to negotiate within those parameters. Deputy Mayor Derrick Reed stated the reason this was not on the Consent Agenda was because he voted "no" at the previous meeting and wished to explain why he voted this way. He explained this process is not broken, so he does not see the need to fix it. He stated this was put in place for good reason. Discussion followed. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Dan Hall to Deny Amended City Council Policy 3-6-7, Collective Bargaining. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
19 | Consider approval of Resolution No. 2988 for the Community Development Block Grant Small Cities, Contract No. 18265 CDBG-SC 21, for water line repairs in the amount of $288,333.00, or take other necessary action. (Jody King) Planning Director Jody King stated this resolution will adopt the Section 3 Plan, which is a commitment by the City to serve lower income persons and businesses in consideration for the waterline project. It will also designate Mayor Cale as the Equal Opportunity Officer in his capacity as Chief Elected Official. Staff recommends approval. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Councilmember Shirley Hilton-Flanary, seconded by Councilmember Tom Martindale to approve of Resolution No. 2988 for the Community Development Block Grant Small Cities, Contract No. 18265 CDBG-SC 21, for water line repairs in the amount of $288,333.00. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
20 | Consider approval of Resolution No. 2989 approving the City of Muskogee Budget for FY2024-2025, establishing budget amendment authority, or take other necessary action. (Mike Miller) Mike Gragg, requested to clarify the amount the City Manager is allowed to spend without Council approval. City Manager Mike Miller stated the spending authority is $49,000.00. Mr. Miller explained a Public Hearing was held on May 13, 2024, however changes have been made. The revised projections of the hotel/motel tax include the $100,000.00 more than previously projected. Muskogee Sales Tax was down 1% for the year, and Staff was instructed to cut at least 2.25% of the operating (non-personnel) budgets to try to reduce the impact on services. Two (2) long-vacant positions were eliminated, and none were created. Discussion followed. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Deputy Mayor Derrick Reed, seconded by Councilmember Tom Martindale to approve Resolution No. 2989 approving the City of Muskogee Budget for FY2024-2025, establishing budget amendment authority. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
21 | Consider approval of Resolution No. 2981 authorizing the continuation of the account fund for the City of Muskogee entitled "Solid Waste Improvements," and designating the manner in which said account shall be operated for the upcoming FY2024-2025, or take other necessary action. (Mike Stewart) Public Works Director Mike Stewart stated this resolution funds the Solid Waste Fund. It is budgeted for $372,000.00. This authorizes the transfer of money into that account and is used to purchase trash trucks, poly carts, two (2) yard containers and funds the recycling center. Staff recommends approval. |
||||||||||||||||||||||||||||||||||||||||
Motion was made by Councilmember Shirley Hilton-Flanary, seconded by Councilmember Melody Cranford to approve of Resolution No. 2981 authorizing the continuation of the account fund for the City of Muskogee entitled "Solid Waste Improvements," and designating the manner in which said account shall be operated for the upcoming FY2024-2025. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
22 | Consider approval to nominate and appoint Councilor Melody Cranford to serve on the Purchasing Committee, or take other necessary action. (Mayor Patrick Cale) | ||||||||||||||||||||||||||||||||||||||||
Motion was made by Mayor Patrick Cale, seconded by Councilmember Shirley Hilton-Flanary to approve to nominate and appoint Councilor Melody Cranford to serve on the Purchasing Committee. | |||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
__________________________________
W. PATRICK CALE, MAYOR
_______________________________
KENNA TERRELL, DEPUTY CITY CLERK
|
|