Agenda Public Works Committee December 4, :00 P.M. - City Council Chambers

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1 The City of Muskogee encourages participation from all its citizens in public meetings. If participation is not possible due to a disability, notify the City Clerk, in writing, at least forty-eight hours prior to the scheduled meeting and necessary accommodations will be made (ADA 28 CFR/36). Agenda Public Works Committee December 4, :00 P.M. - City Council Chambers 1. Consider approval of Public Works Committee minutes of November 20, Hold a Public Hearing and take action on the approval of a resolution amending the Land Use Map regarding property located on the southwest corner of Okmulgee Avenue and 48th Street, more particularly described in the resolution from Single Family Residential District to Multi-Family Residential District, and if approved authorize staff to revise the Land Use Map of the City to reflect said change. (Gary D. Garvin) Block 1 Less the North 195 feet; Lots 3 and 4, in Block 2; Lots 5 through 8, both inclusive in Block 3; Lots 1 and 2, in Block 4; AND Lots 1 through 4, all inclusive in Block 9, All in Dickinsons Addition to the City of Muskogee, located in the Northwest Quarter of Section 29, Township 15 North, Range 18 East, Muskogee County, Oklahoma; containing 557,235 square feet (or acres), more or less. 3. Hold a Public Hearing and take action on the approval of an Ordinance rezoning the property located on the southwest corner of Okmulgee Avenue and 48th Street, more particularly described in the ordinance, from "B" Single-Family Residential to "D" Multi-Family Residential, and if approved authorize staff to revise the Official Zoning Map of the City of Muskogee to reflect said change. (Gary D. Garvin) Block 1 Less the North 195 feet; Lots 3 and 4, in Block 2; Lots 5 through 8, both inclusive in Block 3; Lots 1 and 2, in Block 4; AND Lots 1 through 4, all inclusive in Block 9, All in Dickinsons Addition to the City of Muskogee, located in the Northwest Quarter of Section 29, Township 15 North, Range 18 East, Muskogee County, Oklahoma; containing 557,235 square feet (or acres), more or less. 4. Consider the approval of a resolution of support for the application of Overland Property Group, LLC for Tax Credits under the federal Low Income Tax Credit Program of Section 42 of the Tax Credit Reform Act of (Greg Buckley) 5. Discuss status of the Martin Luther King Center building repairs, and take any necessary action. (Mark Wilkerson) 6. Consider approval of a resolution concerning bridge inspection responsibility by the City of Muskogee for compliance with National Bridge Inspection Standards designating EST, Inc. as the City of Muskogee Bridge Inspectors for the period of April 2013 through April (Mike Stewart) 7. Consider approval of a resolution declaring the property located at 505 Dorchester, as surplus property and authorize the sale of the property to Jeffrey Larson, in the amount of $ (Roy Tucker) 8. Consider approval of a resolution declaring the property located on North B Street, adjoining 1022 N. B Street, as surplus property and authorize the sale of the property to Don Groom, in the amount of $ (Roy Tucker) 1

2 9. Consider approval of a resolution declaring the property located at 503 South 14th Street, as surplus property and authorize the sale of the property to Robert D. Perry Sr., in the amount of $ ($ per lot, for a total of 2 lots) (Roy Tucker) 10. Consider approval of a resolution declaring the property located on Altamont, across the street from Sadler Arts Academy, as surplus property and authorize the sale of the property to Muskogee Public Schools, in the amount of $ per lot. (Roy Tucker) 2

3 Public Works Committee 1. Meeting Date: 12/04/2012 Submitted For: Pam Bates, City Clerk Initiator: Jessica Vogel, Clerk Secretary Department: Staff Information Source: City Clerk Information AGENDA ITEM TITLE: Consider approval of Public Works Committee minutes of November 20, BACKGROUND: Public Works Minutes RECOMMENDED ACTION: Approve minutes as submitted. Public Works Minutes Attachments 3

4 MINUTES PUBLIC WORKS COMMITTEE November 20, 2012 The Public Works Committee of the City of Muskogee, Oklahoma, met at 4:00 p.m. on Tuesday, November 20, 2012 in Council Chambers, Third Floor, Municipal Building, with the following in attendance: Present: Mayor John R. Coburn; Deputy Mayor David Jones; Committee Member Dan Hall; Committee Member Randy Howard; Committee Member Wayne Johnson; Committee Member Lee Ann Langston; Committee Member Kenny Payne; Committee Member Derrick Reed Absent: Committee Member James Gulley Staff Present: Greg Buckley, City Manager; Roy Tucker, City Attorney; Pam Bates, City Clerk; Matthew Beese, Assistant City Attorney; Gary Garvin, City Planner; Mike Stewart, Public Works Director; Mark Wilkerson, Parks & Recreation Director; Derek Tatum, Fire Chief; Rex Eskridge, Police Chief; Press 1. Consider approval of Public Works Committee minutes of November 6, Motion was made by Committee Member Randy Howard, seconded by Committee Member Dan Hall to approve the minutes as presented. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 2. Parks Director Mark Wilkerson stated the Oklahoma Recreation and Parks Society, at its recent annual conference, presented the Muskogee Parks and Recreation Dept with the Program Award of Excellence for the Community Gardens projects. In addition Brooke Hall, Muskogee Park and Recreation, Swim and Fitness Center Manager, received the ORPS, 2012, Young Professional award. 3. Acting Chairman Kenny Payne opened a Public Hearing to take action on the approval of an Ordinance rezoning the property located at 841 North Main, more particularly described in the ordinance, from "D-1" Mobile Home Site District to "F-1" Open Air Highway Commercial District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. Planning Director Gary Garvin stated the applicant, Murry's Nissan, Inc. (Dan Littrell, President), is requesting the property located at 841 North Main Street be rezoned from "D-1" Mobile Home Site District to "F-1" Open Air Highway Commercial District. The majority of the property where Murry's Nissan is located (Lots 5, 6, 7 & 8) is currently zoned "F-1". However, the West half of Lot 8 was never zoned "F-1", and is currently zoned "D-1". Rezoning the property will provide the correct zoning for the existing use of the property. The Land Use Map indicates commercial zoning along the Main Street Corridor, therefore, the request complies with the Comprehensive Plan/Land Use Map. 4

5 request complies with the Comprehensive Plan/Land Use Map. Acting Chairman Kenny Payne closed the Public Hearing. Motion was made by Mayor John R. Coburn, seconded by Committee Member Dan Hall to approve an Ordinance rezoning the property located at 841 North Main, more particularly described in the ordinance, from "D-1" Mobile Home Site District to "F-1" Open Air Highway Commercial District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 4. City Planner Gary Garvin stated this rezoning application requires a Resolution to modify the future land use map that inadvertently was not published as is legally required. Motion was made by Committee Member Randy Howard, seconded by Committee Member Dan Hall to approve tabling the Public Hearing to consider the application to rezone acres (more or less) from "B" Single Family Residential to "D" Multi-Family Residential District; as legally published and notices mailed for the Planning Commission Meeting on November 19th until December 3rd at 9:00 a.m. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 5. City Attorney Roy Tucker stated the City and the Rural Water District #1 have finalized an agreement to continue the sale of treated water to the Authority. There is no change to the water usage between this agreement and what our records show. The agreement has the Rural Water District #1 s approval. It also covers the City s ability to provide water and the requirements should there be an inability to serve and it allows for rate adjustments and caps the amount of water that may be sold at 7,999,668 gallons per month without the Town incurring additional charges. The term of the agreement is based on the City s fiscal year and it automatically extends of additional one year periods. It may be terminated by either party with 180 days notice. Motion was made by Committee Member Randy Howard, seconded by Deputy Mayor David Jones to approve an agreement with the Rural Water District #1, Oklahoma for the sale of treated water and authorize the Mayor and City Clerk to execute the agreement. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 6. Public Works Director Mike Stewart stated this is for the construction of 2092 linear feet of 5

6 6. Public Works Director Mike Stewart stated this is for the construction of 2092 linear feet of eight (8) inch PVC and 85 linear feet of six (6) inch PVC waterline and appurtenances to serve the future developments within the Muskogee Rural Water District #5 boundary from new Master Meter at East Davis Road to East 61st Street. Motion was made by Committee Member Randy Howard, seconded by Mayor John R. Coburn to approve ODEQ Permit No. WL for the construction of 2092 linear feet of eight (8) inch PVC and 85 linear feet of six (6) inch PVC water line and appurtenances to serve the future developments within the Muskogee Rural Water Dis. #5 boundary from New Master Meter, E. Davis Road to E. 61st Street. Muskogee County, Oklahoma. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 7. Public Works Director Mike Stewart stated this is for the construction of Sanitary Sewer Line and appurtenances to serve the Kum and Go Store #987. Motion was made by Committee Member Randy Howard, seconded by Committee Member Dan Hall to approve ODEQ Permit No. SL for the construction of 220 linear feet of eight (8) inch DIP sanitary sewer line and appurtenances to serve the Kum and Go Store #987, Muskogee County, Oklahoma. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 8. Public Works Director Mike Stewart stated the City entered into an agreement with ODOT and Bacone College to improve the safety of the Bacone College students crossing York Street. This involves crosswalks, signage, improve lighting and modify the speed limit. Theresa Reutlinger, 2500 Shelby Court, stated she has been extremely concerned abou this intersection for quite some time. She stated that intersection is too dark and is still dangerous on the left side. Motion was made by Committee Member Randy Howard, seconded by Committee Member Dan Hall to approve changing the speed limit from 45mph to 35mph on York Street, beginning at Shawnee Bypass and extending North 0.22 miles, purchasing LED Pedestrian Signs to be installed by ODOT and modify Muskogee Code of Ordinances; Chapter 78, Article VII, Section to reflect speed limit change. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 9. Greenhill Cemetery Superintendent Vernon Martin stated phase II will be funded from the 6

7 9. Greenhill Cemetery Superintendent Vernon Martin stated phase II will be funded from the Cemetery Care Fund. This phase will include the remodel and addition of the shop area to include a break room, shop remodel and addition, and a wash bay. It will also include the large pavilion adjacent to the office and shop. The small pavilion is an add alternate and will be located in the east section of the cemetery. Bids for this project were received on November 13th and came in about $100, over the project estimate. Staff recommends that the bids be rejected and then staff be directed to work with the architect to get the project redesigned to get the bids more in line with the budget. This will then have to be rebid. Motion was made by Committee Member Randy Howard, seconded by Deputy Mayor David Jones to approve rejecting of all bids on Greenhill Cemetery Improvement Phase II Project and direct staff to work with the archetict for a redesign and have the project rebid. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Randy Howard, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously 10. Councilmember Wayne Johnson made a presentation and stated a committee was established to review the current citizen participation guidelines and rules of decorum. The committee reviewed the current ordinance and policy and sought public input as to what changes, if any, would be beneficial to maximize the public's opportunity for involvement. (Committee Member Randy Howard exited the meeting at 4:42 p.m.) Theresa Reutlinger, 2500 Shelby Court, had questions back when there was a discussion about burning in the city if she would have not signed up to discuss an agenda item before hand would she be sunk about speaking on an agenda item, she wanted to clarify signing up before the meeting to discuss her concerns. Assistant City Attorney Matt Beese explained the rules on the timing allowed for discussion. Planning Director Gary Garvin stated the rules during Planning Commission meetings regarding speaking. Brian Fuller, I.A.F.F. Local # 57 President, 3200 S. 55th Street East, stated he had some questions about different committees coming to speak before council and wondered if they would fall under the same time restraints. Stephen Ezell, 6121 S. 6th Street East, spoke on his concerns about the forms required for citizens to fill out for public comment. Assistant City Attorney Matt Beese stated effectively these rules only apply to public comment on items or the open public comment at the end of the meeting. Sylvia Swan, 727 Capital Place, stated she wanted to thank Council and the Committee for their work on these guidelines. Ivory Vann, 911 E. Holden, spoke on behalf of all the diversity in Muskogee and thanked the committee on their efforts. 7

8 Motion was made by Mayor John R. Coburn, seconded by Committee Member Dan Hall to approve an ordinance amending the Muskogee Code of Ordinances, Chapter 2, Administration, Article II, Municipal Government Organization, Section 2-29 titled, "Council Participation Guidelines and Rules of Decorum," expanding public participation opportunities at Council and Committee Meetings of the Council; providing for repealer, severability and setting an effective date. AYE: Mayor John R. Coburn, Deputy Mayor David Jones, Committee Member Dan Hall, Committee Member Wayne Johnson, Committee Member Lee Ann Langston, Committee Member Kenny Payne, Committee Member Derrick Reed Carried - Unanimously pwmin PB/jv ACTING CHAIRMAN KENNY PAYNE PUBLIC WORKS COMMITTEE 8

9 Public Works Committee 2. Meeting Date: 12/04/2012 Initiator: AGENDA ITEM TITLE: Gary Garvin, Planning Director Information Hold a Public Hearing and take action on the approval of a resolution amending the Land Use Map regarding property located on the southwest corner of Okmulgee Avenue and 48th Street, more particularly described in the resolution from Single Family Residential District to Multi-Family Residential District, and if approved authorize staff to revise the Land Use Map of the City to reflect said change. (Gary D. Garvin) LEGAL DESCRIPTION: Block 1 Less the North 195 feet; Lots 3 and 4, in Block 2; Lots 5 through 8, both inclusive in Block 3; Lots 1 and 2, in Block 4; AND Lots 1 through 4, all inclusive in Block 9, All in Dickinsons Addition to the City of Muskogee, located in the Northwest Quarter of Section 29, Township 15 North, Range 18 East, Muskogee County, Oklahoma; containing 557,235 square feet (or acres), more or less. BACKGROUND: The applicants, Freedman Associates and E. Phil and Roberta Kirschner Foundation (Charles Raper, Agent), have requested an amendment to the Land Use Map to allow the property to be rezoned from "B" Single Family District to "D" Multi-Family District to allow apartments to be located on the property. The "D" zone is a Multi-Family classification, therefore does not comply with the Land Use Map, and would require an amendment to the Map to approve the rezoning. The frontage along Okmulgee Avenue is currently zoned "E-1" Local Commercial and the Land Use Map indicates commercial zoning along Okmulgee Avenue. According to the Zoning Regulations, apartments are an allowed use within the "E-1" zone. The area requesting to be amended extends south of Okmulgee Avenue for 630'. The commercial corridor (according to the Land Use Map) only extends south 430', then changes to Single Family Residential. Therefore, a 200' strip would need to be amended to Multi-Family in order to approve the zoning request. The area to the south of the property is zoned "A" Agriculture, and has a single-family dwelling located on the part of the property with the remaining area used for pasture and/or agriculture purposes. The Multi-Family Residential would be considered a transitional area between commercial uses, busy corridors (Okmulgee Avenue) and adjacent single-family residential. The amendment, if approved, would change the Land Use Map from Single Family Residential to Multi-Family Residential and allow the rezoning request to be considered for approval. Notices have been sent to the property owners within a 300 foot radius as required and published in the paper twenty (20) days prior to the Public Hearing. A Public Hearing will be held on the following days: December 3, 2012 at 9:00 a.m. December 4, 2012 at 4:00 p.m. December 10, 2012 at 7:00 p.m. City of Muskogee Planning & Zoning Commission City of Muskogee Public Works Committee Muskogee City Council Meeting RECOMMENDED STAFF ACTION: Approve the resolution amending the Land Use Map from Single Family Residential to Multi-Family Residential and authorize staff to revise the Land Use Map of the City of Muskogee to reflect said change. 9

10 Resolution - Amending Land Use Map Site Plan - Kirschner Foundation, Raper Land Use Map Attachments 10

11 RESOLUTION NO A RESOLUTION APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP FOR THE CITY OF MUSKOGEE FROM SINGLE FAMILY RESIDENTAL DISTRICT TO MULTI-FAMILY RESIDENTIAL DISTRICT FOR ACRES (MORE OR LESS) IN DICKINSONS ADDITION. WHEREAS, the City Planning Commission and the Muskogee City Council have adopted the Future Land Use Map; and WHEREAS, the Future Land Use Map functions as the comprehensive plan in consideration of matters affecting the orderly urbanization of the community; and WHEREAS, Title 11, Section , Oklahoma State Statutes, requires zoning districts to be in accordance with the comprehensive plan (Future Land Use Map); and WHEREAS, the Future Land Use Map recognizes that changes may occur in the community which may cause the necessity of amending said plan; and, WHEREAS, a public hearing has been held on December 3, 2012, before the City Planning Commission on the property described in Section 1 hereof; and WHEREAS, in accordance with Title 11 Oklahoma Statutes, Section , the Muskogee City Council shall approve any amendment to the Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Muskogee, Oklahoma, that: SECTION 1. An amendment to the Future Land Use Map from Single Family Residential District to Multi-Family Residential District be approved on acres (more or less) located in Dickinsons Addition described as: Block 1 Less the North 195 feet; Lots 3 and 4, in Block 2; Lots 5 through 8, both inclusive in Block 3; Lots 1 and 2, in Block 4; AND Lots 1 through 4, all inclusive in Block 9, All in Dickinsons Addition to the City of Muskogee, located in the Northwest Quarter of Section 29, Township 15 North, Range 18 East, Muskogee County, Oklahoma; containing 557,235 square feet (or acres), more or less. PASSED and APPROVED by the Mayor and Council of the City of Muskogee this 10th day of December, JOHN R. COBURN, MAYOR 11

12 ATTEST: PAMELA S. BATES, CITY CLERK APPROVED as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 12

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14 Land Use Map Amendment from Single-Family Residential to Multi-Family Residential 48 th Street and West Okmulgee Avenue Freedman Associates, Kirschner Foundation, Charles Raper 14

15 Public Works Committee 3. Meeting Date: 12/04/2012 Initiator: AGENDA ITEM TITLE: Gary Garvin, Planning Director Information Hold a Public Hearing and take action on the approval of an Ordinance rezoning the property located on the southwest corner of Okmulgee Avenue and 48th Street, more particularly described in the ordinance, from "B" Single-Family Residential to "D" Multi-Family Residential, and if approved authorize staff to revise the Official Zoning Map of the City of Muskogee to reflect said change. (Gary D. Garvin) LEGAL DESCRIPTION: Block 1 Less the North 195 feet; Lots 3 and 4, in Block 2; Lots 5 through 8, both inclusive in Block 3; Lots 1 and 2, in Block 4; AND Lots 1 through 4, all inclusive in Block 9, All in Dickinsons Addition to the City of Muskogee, located in the Northwest Quarter of Section 29, Township 15 North, Range 18 East, Muskogee County, Oklahoma; containing 557,235 square feet (or acres), more or less. BACKGROUND: The applicants, Freedman Associates and E. Phil and Roberta Kirschner Foundation (Charles Raper, Agent), are requesting that the property located on the southwest corner of Okmulgee Avenue and 48th Street be rezoned from "B" Single-Family to "D" Multi-Family (see site plan). The rezoning is being requested to allow new apartments to be located on the property. The applicants are proposing three (3) buildings with a club house, sixteen (16) units per building for a total of 48 units. The property will include, but not limited, to the following: On Site Professional Management (Leasing Manager lives on property) Resident Council (Elected Body from Residents) Community Room Library with Computers Free Wireless Internet in Club House 24/7 Fitness Facility Playground Area Basketball Court 2 and 3 Bedroom Units 2 Bedroom Units (980 sq. ft.) 3 Bedroom Units (1160 sq. ft.) Professionally Landscaped Property 100% Masonry Exteriors on Building - Brick/Stone/Hardi-Board Siding All Private Entry to Units (No breezeways) The apartments are Section 42 (50 & 60% of medium income), not Section 8; however, they are required to accept Section 8, if someone requests. Section 42 is intended to provide clean, energy efficient living quarter for individuals or families until they can move into home ownership. The Land Use Map indicates commercial and single-family classification within this area. Therefore, the Land Use Map would have to be amended (area shown as single-family) in order for the property to be rezoned. The applicants have requested said amendment to the Land Use Map. The resolution amending the Land Use Map shall be approved prior to approving the rezoning. Notices have been sent to the property owners within a 300 foot radius as required and published in the paper twenty (20) days prior to the Public Hearing. A Public Hearing will be held on the following days: 15

16 twenty (20) days prior to the Public Hearing. A Public Hearing will be held on the following days: December 3, 2012 at 9:00 a.m. City of Muskogee Planning & Zoning Commission December 4, 2012 at 4:00 p.m. City of Muskogee Public Works Committee December 10, 2012 at 7:00 p.m. Muskogee City Council Meeting RECOMMENDED STAFF ACTION: Approve the Ordinance rezoning the property from "B" Single-Family Residential District to "D" Multi-Family Residential District, and authorize staff to revise the Official Zoning Map of the City of Muskogee to reflect said change. Ordinance - Kirschner Foundation Site Plan - Apartments Attachments 16

17 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MUSKOGEE AS PROVIDED BY CHAPTER 90, SECTION OF THE MUSKOGEE CITY CODE, 2008, BY RE-ZONING BLOCK 1 LESS THE NORTH 195 FEET; LOTS 3 AND 4, IN BLOCK 2; LOTS 5 THROUGH 8, BOTH INCLUSIVE IN BLOCK 3; LOTS 1 AND 2, IN BLOCK 4; AND LOTS 1 THROUGH 4, ALL INCLUSIVE IN BLOCK 9, ALL IN DICKINSONS ADDITION TO THE CITY OF MUSKOGEE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 18 EAST, MUSKOGEE COUNTY, OKLAHOMA; CONTAINING 557,235 SQUARE FEET (OR ACRES), MORE OR LESS; AND PROVIDING FOR SEVERABILITY. (Freedman Associates and E. Phil and Roberta Kirschner Foundation, Applicants) FROM B SINGLE FAMILY RESIDENTIAL DISTRICT TO D MULTI-FAMILY RESIDENTIAL DISTRICT WHEREAS, the City of Muskogee Planning and Zoning Commission, in a meeting held December 3, 2012, did recommend the approval of the rezoning of the property set out above in the title of the Ordinance, and did authorize the director of the Commission to advise the Council of the City of Muskogee of this recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA, Section 1. THAT, the official zoning map of the City of Muskogee as provided by Chapter 90, Section of the Muskogee City Code, 2008, is hereby amended by changing the District Classification by rezoning BLOCK 1 LESS THE NORTH 195 FEET; LOTS 3 AND 4, IN BLOCK 2; LOTS 5 THROUGH 8, BOTH INCLUSIVE IN BLOCK 3; LOTS 1 AND 2, IN BLOCK 4; AND LOTS 1 THROUGH 4, ALL INCLUSIVE IN BLOCK 9, ALL IN DICKINSONS ADDITION TO THE CITY OF MUSKOGEE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 18 EAST, MUSKOGEE COUNTY, OKLAHOMA; CONTAINING 557,235 SQUARE FEET (OR ACRES), MORE OR LESS; AND PROVIDING FOR SEVERABILITY; FROM B SINGLE FAMILY RESIDENTIAL DISTRICT TO D MULTI-FAMILY RESIDENTIAL DISTRICT. AND that this change be so ordered and declared by the City Council. Section 2. THAT, the City Clerk is authorized and directed to show such change on the zoning map record. 17

18 PASSED and APPROVED by the City Council of the City of Muskogee, Oklahoma, this 10th day of December, JOHN R. COBURN, MAYOR ATTEST: PAMELA S. BATES, CITY CLERK (SEAL) APPROVED as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 18

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20 Public Works Committee 4. Meeting Date: 12/04/2012 Submitted For: Greg Buckley, City Manager Initiator: Greg Buckley, City Manager Department: Staff Information Source: City Manager AGENDA ITEM TITLE: Information Consider the approval of a resolution of support for the application of Overland Property Group, LLC for Tax Credits under the federal Low Income Tax Credit Program of Section 42 of the Tax Credit Reform Act of (Greg Buckley) BACKGROUND: Overland Property Group, LLC. is proposing a development on the westside of Muskogee using a federal tax credit program. The housing will be forty-eight (48) units and marketed as affordable housing. There are income limits established for residents; however, the development and units are not classified as Section 8 housing. Renters are required to meet income limits and pay the established rents, although the rents are reduced from true fair market rates. The property will include, to name just a few: On-site Professional Management (Leasing Manager Lives on Property) Resident Council (Elected Body from Residents) Community Room Library with Computers Free Wireless Internet in Clubhouse 24/7 Fitness Facility Playground Area Basketball Court 2 and 3 Bedroom Units 2 Bedroom Units 980 Sq. Ft. 3 Bedroom Units 1160 Sq. Ft. Professionally Landscaped Property 100% Masonry Exteriors on Buildings - Brick/Stone/Hardi-Board Siding All Private Entry to Units (no breezeways The property is being considered for rezoning and support of the resolution should be contingent on approval of Council on the rezoning. One of the ongoing discussions and issues within the City is the need for additional affordable housing. The information provided by Overland Properties Group shows they have expereince in developing and maintaing affordable housing developments. RECOMMENDED ACTION: Approve a resolution of support for the application of Overland Property Group, LLC for Tax Credits under the federal Low Income Tax Credit Program of Section 42 of the Tax Credit Reform Act of Resolution Attachments 20

21 A RESOLUTION OF SUPPORT FOR THE APPLICATION OF OVERLAND PROPERTY GROUP, LLC. FOR TAX CREDITS UNDER THE FEDERAL LOW INCOME TAX CREDIT PROGRAM OF SECTION 42 OF THE TAX CREDIT REFORM ACT OF WHEREAS, the Overland Property Group, LLC is proposing to newly construct a 48 unit housing development to be located in the corporate limits of the City of Muskogee at: All of Block 1 and lots 3 & 4, Block 2 and lots 1 8, Block 3 and lots 1 4, block 9 and lots 1 & 2, block 4 all in Dickinson Addition to the City of Muskogee; and WHEREAS, the proposed housing development will provide low-income affordable housing for citizens of the City of Muskogee under the Low Income Housing Tax Credit Program of Section 42 of the Tax Credit Reform Act of 1986, administered by the Oklahoma Housing Finance Authority; WHEREAS, the City of Muskogee supports economic development and promotes affordable housing for the benefit of the citizens of Muskogee. WHEREAS, the Overland Property Group, LLC has requested local support for the tax credit application related to this project; WHEREAS, the purpose of this Resolution is to indicate the support of the City of Muskogee for the tax credit application of Overland Property Group, LLC. in accordance with Section 42 of the Tax Credit Reform Act of 1986 and the rules of the Oklahoma Housing Finance Authority. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE that the City Council supports favorable consideration be given to Overland Property Group, LLC for tax credits under the Low Income Housing Tax Credit Program of Section 42 of the Tax Credit Reform Act of 1986, administered by the Oklahoma Housing Finance Authority. BE IT FURTHER RESOLVED, that the proposed development is consistent with the City of Muskogee s affordable housing strategies and comprehensive plan. ADOPTED AND APPROVED THIS DAY OF DECEMBER, CITY OF MUSKOGEE ATTEST: JOHN R. COBURN, MAYOR PAMELA S. BATES, CITY CLERK 21

22 (SEAL) Approved as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 22

23 Public Works Committee 5. Meeting Date: 12/04/2012 Submitted For: Mark Wilkerson, Parks & Recreation Initiator: Mark Wilkerson, Parks Director Department: Parks & Recreation Staff Information Source: Mark Wilkerson, Parks Director; Carson Lynch, Parks Manager AGENDA ITEM TITLE: Information Discuss status of the Martin Luther King Center building repairs, and take any necessary action. (Mark Wilkerson) BACKGROUND: Although the MLK Building has always had settling and wall crack issues, in the fall of 2011 the Parks Dept was informed that these problems has significantly worsened. We first called Holloway, Updike and Bellen, City Engineer consultants who recommended B&T Structural Engineer to be called in. B&T was contracted to first evaluate and determine the safety of occupying the building, to determine the cause and extent of the damage and finally make recommendations for repairs. This report has been attached. B&T verified that the building was still safe to occupy and determined that the recent damage was caused from the 2011 earthquakes. B&T also provided an estimate of $45,000 needed to make the necessary repairs. This was then budgeted into the current Capital Outlay budget. In July we began communicating with B&T and a second structural engineering firm Professional Engineer Consultants (PEC) also of Tulsa, about providing the necessary engineering services to begin the repairs. B&T proposal for these services has also been attached. This proposal included a $9,000 fee that was not included in the capital budget. When PEC visited the building they seemed to have a different opinion about the necessary repairs. They didn t think we necessarily needed an engineer firm and referred us to list of foundation repair specialist from the Tulsa area. Received a proposal of recomended repair from Ram Jack RECOMMENDED ACTION: Reveive update and offer direction to staff. FUNDING SOURCE: Fiscal Impact $45,000 is budgeted for MLK building repairs in the current Capital Outlay budget. MLK report B&T proposal ramjack Attachments 23

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26 B&T Engineering, Inc. PO Box Tulsa, OK (918) Phone (918) Fax August 14, 2012 Mr. Carson Lynch Superintendent of Recreation City of Muskogee 837 E. Okmulgee Muskogee, OK Proposal Project: Structural Repair Designs at Martin Luther King, Jr. Center Bldg. (Muskogee, OK) Engineering and Drafting Services: $9,000 Perform an engineering analysis on the existing building based on our previous inspection. Design and Draft the repair solutions necessary to reinforce the damaged building shearwalls and any other critical (non-aesthetic) areas of the building. Provide structural schedules, notes, and details as required. Provide sealed structural sheets for permit and construction. Two (2) construction site visits are included in this fee, but more can be provided for an additional hourly or negotiated fee. Special inspections, as required by IBC, are not included in this fee. Peter Smith, P.E. Submitted by 8/14/2012 Date Accepted by Date 26

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28 Public Works Committee 6. Meeting Date: 12/04/2012 Submitted For: Mike Stewart, Public Works Initiator: Donnie Wimbley, Secretary Department: Public Works Staff Information Source: Mike Stewart, Director of Public Works; Bill Rackley,Assistant Engineer: Jim Wixom, Assistant Director of Public Works-Operation AGENDA ITEM TITLE: Information Consider approval of a resolution concerning bridge inspection responsibility by the City of Muskogee for compliance with National Bridge Inspection Standards designating EST, Inc. as the City of Muskogee Bridge Inspectors for the period of April 2013 through April (Mike Stewart) BACKGROUND: The City of Muskogee has been asked to participate in the State of Oklahoma Bridge inspection program. The Oklahoma Department of Transportation has provided three options for participation they are: 1. Select one of ODOT S overqualified engineering firms. Bear 20% of the total bridge inspection cost with an 80% Federal match. 2. Elect to do bridge safety inspections with your own forces using inspection teams and an oversight engineer fully qualified as mandated by the NBIS (National Bridge Inspection Standards). Bear 20% of the total bridge inspection cost and receive 80% Federal reimbursement. 3. Use the same consultant as Muskogee County. By enter into agreement and using the same consultant. It is recommended that the City adopt option 1 as the most viable in that the State of Oklahoma pays the selected inspection firm and seeks reimbursement from the City for the 20% match. The State provided the City with a listing of the approved inspection firms and the Public Works staff ranked firm Numbers 2, 4 and 9. The firm of EST, Inc. received the overall highest ranking and it is recommended that this firm be designated as the firm to inspect the bridges within the City. RECOMMENDED ACTION: Approve a resolution concerning bridge inspection responsibility by the City of Muskogee for compliance with National Bridge Inspection Standards designating EST, Inc. as the City of Muskogee Bridge Inspectors for the period of April 2013 through April FUNDING SOURCE: Public Works Fiscal Impact Resolution Qualified List Composite Score Attachments 28

29 RESOLUTION NO. A RESOLUTION CONCERNING BRIDGE INSPECTION RESPONSIBILITY BY THE CITY OF MUSKOGEE FOR COMPLIANCE WITH NATIONAL BRIDGE INSPECTION STANDARDS DESIGNATING EST, INC. AS THE CITY OF MUSKOGEE BRIDGE INSPECTORS FOR THE PERIOD OF APRIL 2013 THROUGH APRIL WHEREAS, the City of Muskogee has the responsibility of bridge maintenance and safety inspections. WHEREAS, the City of Muskogee has the following options. 1. Select one of the Oklahoma Department of Transportation s (ODOT) prequalified engineering firms. Bear 20% of the total bridge inspection cost with an 80% Federal match. 2. Elect to do bridge safety inspections with your own forces using inspection teams and an oversight engineer fully qualified as mandated by the NBIS (National Bridge Inspection Standards). Bear 20% of the total bridge inspection cost and receive 80% Federal reimbursement. 3. Use the same consultant as Muskogee County. By enter into agreement and using the same consultant. THEREFORE, BE IT RESOLVED, by the City Council of City of Muskogee that Option number 1, relating to the selection of one of ODOT s prequalified engineering firms, be the chosen option and the following firm be selected: NAME: EST, Inc. ADDRESS: 615 N. Hudson Ave., Oklahoma City, OK as the engineer responsible for city bridge inspections as approved by the Oklahoma Department of Transportation for the period of April 2013 through April PASSED, APPROVED, AND EFFECTIVE THIS DAY OF DECEMBER, 2012 ATTEST John D. Coburn, Mayor 29

30 Pamela S. Bates, City Clerk Approved as to form and legality this day of, 2012 Roy D. Tucker, City Attorney 30

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33 Public Works Committee 7. Meeting Date: 12/04/2012 Submitted For: Roy Tucker, City Attorney Initiator: Leslie Arnold, Attorney Secretary Department: City Attorney Staff Information Source: City Attorney AGENDA ITEM TITLE: Information Consider approval of a resolution declaring the property located at 505 Dorchester, as surplus property and authorize the sale of the property to Jeffrey Larson, in the amount of $ (Roy Tucker) BACKGROUND: Jeffrey Larson has made application to the City Attorney s office to purchase the lot located at 505 Dorchester. The requested lot abuts property that is owned by Mr. Larson, that is zoned C 2 family residential, thus, the code requirements are met. He has deposited the required payment of $ to purchase this lot. RECOMMENDED ACTION: Approve a resolution declaring the property located at 505 Dorchester, as surplus to the needs of the City of Muskogee, and the City Manager is authorized to sell the property to Jeffrey Larson in the amount of $ Reslution Map Attachments 33

34 RESOLUTION NO. A RESOLUTION DECLARING CERTAIN REAL PROPERTY PRESENTLY IN THE POSSESSION OF THE CITY OF MUSKOGEE TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAID REAL PROPERTY, SAID TRACT OF LAND DESCRIBED AS E50 W110 LOT 2 BLOCK 372, MUSKOGEE ORIGINAL TOWNSITE, CITY OF MUSKOGEE, MUSKOGEE COUNTY, STATE OF OKLAHOMA. WHEREAS, the City of Muskogee, Oklahoma has in its possession certain real property which are no longer needed; and WHEREAS, the City of Muskogee desires to dispose of said real property, which are no longer needed, as surplus property according to the provisions of the Charter and the Ordinances of said City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA; SECTION 1: That property described as: E50 W110 LOT 2 BLOCK 372,, MUSKOGEE ORIGINAL TOWNSITE, City of Muskogee, Muskogee County, State of Oklahoma, is hereby declared to be surplus to the needs of the City of Muskogee, Oklahoma, and the City Manager is authorized to dispose of said real property. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA, THIS DAY OF, ATTEST: JOHN R. COBURN, MAYOR PAMELA S. BATES, CITY CLERK Seal Approved as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 34

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36 Public Works Committee 8. Meeting Date: 12/04/2012 Submitted For: Roy Tucker, City Attorney Initiator: Leslie Arnold, Attorney Secretary Department: City Attorney Staff Information Source: Roy Tucker AGENDA ITEM TITLE: Information Consider approval of a resolution declaring the property located on North B Street, adjoining 1022 N. B Street, as surplus property and authorize the sale of the property to Don Groom, in the amount of $ (Roy Tucker) BACKGROUND: Don Groom has made application to the City Attorney s office to purchase the lot located North B Street, adjoining 1022 N. B Street. The requested lot abuts property that is owned by Mr. Groom, and is zoned B single family, thus, the code requirements are met. He has deposited the required payment of $ to purchase this lot. RECOMMENDED ACTION: Approve a resolution declaring the property located at North B Street, adjoining 1022 N. B Street, as surplus to the needs of the City of Muskogee, and the City Manager is authorized to sell the property to Don Groom in the amount of $ Resolution Map Attachments 36

37 RESOLUTION NO. A RESOLUTION DECLARING CERTAIN REAL PROPERTY PRESENTLY IN THE POSSESSION OF THE CITY OF MUSKOGEE TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAID REAL PROPERTY, SAID TRACT OF LAND DESCRIBED AS S50 LOT 3 BLOCK 39, MUSKOGEE ORIGINAL TOWNSITE, CITY OF MUSKOGEE, MUSKOGEE COUNTY, STATE OF OKLAHOMA. WHEREAS, the City of Muskogee, Oklahoma has in its possession certain real property which are no longer needed; and WHEREAS, the City of Muskogee desires to dispose of said real property, which are no longer needed, as surplus property according to the provisions of the Charter and the Ordinances of said City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA; SECTION 1: That property described as: S50 LOT 3 BLOCK 39, MUSKOGEE ORIGINAL TOWNSITE, City of Muskogee, Muskogee County, State of Oklahoma, is hereby declared to be surplus to the needs of the City of Muskogee, Oklahoma, and the City Manager is authorized to dispose of said real property. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA, THIS DAY OF, ATTEST: JOHN R. COBURN, MAYOR PAMELA S. BATES, CITY CLERK Seal Approved as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 37

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39 Public Works Committee 9. Meeting Date: 12/04/2012 Submitted For: Roy Tucker, City Attorney Initiator: Leslie Arnold, Attorney Secretary Department: City Attorney Staff Information Source: City Attorney AGENDA ITEM TITLE: Information Consider approval of a resolution declaring the property located at 503 South 14th Street, as surplus property and authorize the sale of the property to Robert D. Perry Sr., in the amount of $ ($ per lot, for a total of 2 lots) (Roy Tucker) BACKGROUND: Robert D. Perry Sr. has made application to the City Attorney s office to purchase the lot located at 503 South 14th Street. The requested lot abuts property that is owned by Mr. Perry, and is zoned B single family, thus, the code requirements are met. He has deposited the required payment of $ to purchase these lots. RECOMMENDED ACTION: Approve a resolution declaring the property located at 503 South 14th Street, as surplus to the needs of the City of Muskogee, and the City Manager is authorized to sell the property to Robert D. Perry Sr. in the amount of $ Resolution Map Attachments 39

40 RESOLUTION NO. A RESOLUTION DECLARING CERTAIN REAL PROPERTY PRESENTLY IN THE POSSESSION OF THE CITY OF MUSKOGEE TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAID REAL PROPERTY, SAID TRACT OF LAND DESCRIBED AS S50 N100 LOTS 1 & 2 BLOCK 108, MUSKOGEE ORIGINAL TOWNSITE, CITY OF MUSKOGEE, MUSKOGEE COUNTY, STATE OF OKLAHOMA. WHEREAS, the City of Muskogee, Oklahoma has in its possession certain real property which are no longer needed; and WHEREAS, the City of Muskogee desires to dispose of said real property, which are no longer needed, as surplus property according to the provisions of the Charter and the Ordinances of said City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA; SECTION 1: That property described as: S50 N100 LOTS 1 & 2 BLOCK 108, MUSKOGEE ORIGINAL TOWNSITE, City of Muskogee, Muskogee County, State of Oklahoma, is hereby declared to be surplus to the needs of the City of Muskogee, Oklahoma, and the City Manager is authorized to dispose of said real property. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA, THIS DAY OF, ATTEST: JOHN R. COBURN, MAYOR PAMELA S. BATES, CITY CLERK Seal Approved as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 40

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42 Public Works Committee 10. Meeting Date: 12/04/2012 Submitted For: Roy Tucker, City Attorney Initiator: Leslie Arnold, Attorney Secretary Department: City Attorney Staff Information Source: City Attorney AGENDA ITEM TITLE: Information Consider approval of a resolution declaring the property located on Altamont, across the street from Sadler Arts Academy, as surplus property and authorize the sale of the property to Muskogee Public Schools, in the amount of $ per lot. (Roy Tucker) BACKGROUND: Muskogee Public Schools has made application to the City Attorney s office to purchase the lot located on Altamont, across the street from Sadler Arts Academy. The requested lot is a full size buildable lot, and is zoned B single family, thus, the code requirements are met. They have deposited the required payment of $ to purchase this lot. RECOMMENDED ACTION: Approve a resolution declaring the property located on Altamont, across the street from Sadler Arts Academy, as surplus to the needs of the City of Muskogee, and the City Manager is authorized to sell the property to Muskogee Public Schools in the amount of $ Resolution Map Attachments 42

43 RESOLUTION NO. A RESOLUTION DECLARING CERTAIN REAL PROPERTY PRESENTLY IN THE POSSESSION OF THE CITY OF MUSKOGEE TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAID REAL PROPERTY, SAID TRACT OF LAND DESCRIBED AS S48.2 N78.3 E140 LOT 7 BLOCK 274, MUSKOGEE ORIGINAL TOWNSITE, CITY OF MUSKOGEE, MUSKOGEE COUNTY, STATE OF OKLAHOMA. WHEREAS, the City of Muskogee, Oklahoma has in its possession certain real property which are no longer needed; and WHEREAS, the City of Muskogee desires to dispose of said real property, which are no longer needed, as surplus property according to the provisions of the Charter and the Ordinances of said City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA; SECTION 1: That property described as: S48.2 N78.3 E140 LOT 7 BLOCK 274, MUSKOGEE ORIGINAL TOWNSITE, City of Muskogee, Muskogee County, State of Oklahoma, is hereby declared to be surplus to the needs of the City of Muskogee, Oklahoma, and the City Manager is authorized to dispose of said real property. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, OKLAHOMA, THIS DAY OF, ATTEST: JOHN R. COBURN, MAYOR PAMELA S. BATES, CITY CLERK Seal Approved as to form and legality this day of, ROY D. TUCKER, CITY ATTORNEY 43

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