City Council - Special Meeting

organization of the clothing. Good evening everyone. Welcome to tonight's special call amended agenda. Msogi City Council September 25th, 2025. Uh first we'll have our invocation by the vice mayor, Derek Reed. Dear Lord, once again, we just come thanking you for all you've done for us. Thank you for blessing us to see another day. Just ask that you would come into the room tonight and rest on us as we have to make decisions for our community. Let all that we do be in your will and in your way. These are many other blessings we ask in Jesus name. Amen. Amen. Amen. Thank you, Mayor.

Pledge to the flag. Salute. Pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Next, we'll have this big salute. I salute the flag of the state of Oklahoma, symbols of peace of all people. Roll call, please. Mayor Patrick Hale here. Deputy Mayor Derek Reed here. Jamie Stout here. Tracy H here. Shirley Hilton Flannry here. Melody Cranford here. Dan Hall. Tom Martanddale here. Mike Broly

here. Okay. Uh, item number one, please.

Hold a public hearing and consider approval of ordinance number 4275A. An ordinance annexing 171.324 acres of territory adjacent to the city limits of the city of Muscogee, Oklahoma, being located in the northwest section 15, township 14 north, range 18 east of the Indian base and meridian and the southwest section 15, township 14 north, range 18 east of the Indian Base and Meridian. and the northeast section 15 township 14 north range 18 east of the Indianbased meridian Muscogi County state of Oklahoma to the city of Muscogee Oklahoma said properties being legally described in the background information of this agenda item with approval of the proposed service plan attached as exhibit B adding repealer and severability setting an effective date and establishing an emergency or take other necessary action

missammer Thank you, mayor. This is an ordinance. Excuse me. Let me formally open this meeting. Thank you. Meeting is now open. And we've opened the public hearing. Yes. Yes. Thank you.

So to present this item, this is an annexation ordinance to annex in the properties south of other recently annexed property in the John T. Griffin Industrial Park. It includes six parcels which above the city limits on two sides. They are contiguous to the city of Muscogi corporate limits. It takes in six parcels owned by the city county port authority oi core scientific and polaris technology. There's a map on the law on the wall that outlines all of those. The areas where you see the red arrows have already been annexed into the city. And then at the top of the map map above that is D tile which has also already been annexed into the city. To the left of OG where the two red arrows are is scissor tail area that was just recently annexed. This annexation was authorized by the governing body of the city of Puscogi in resolution 3052 which was passed on September the 8th, 2025 and called for a public hearing on the 25th of September 2025. Public notice notices were published in the local newspaper on September 10th, 2025 and we have received no comments on the service plan. So we would ask in addition to passing the ordinance tonight that the service plan be approved that can be negotiated with property owners if something comes up on that. We are also asking for a declaration of an emergency as this has to do with the health, safety and public welfare of our citizens. The city of Muscogee under 11os21-101 has the authority to change municipal limit limits by adding to the municipality territory adjacent or contiguous to its corporate limits and increase or diminish the corporate limits as the governing body deems desirable for the benefit of the municipality. Notice published on September the 10th providing notice to all owners. They were sent by first class mail per county treasures list. We also sent several by certified mail and did a personal posting on the property of Polaris. In

addition to that, we have attached an affidavit of mailing as exhibit C and our service packet on personal service as exhibit D. Our affidavit of mailing lists out all the mailings that were made by Leslie Arnold of my office and she personally took all the items to the post office. I personally helped her view and stuff all the envelopes so you know all of those mailings are accurate. The properties being annexed are listed. All their legal descriptions are being listed. The zoning classifications that are being used right now by these properties under state law 11os 44-107.1 will come in as what's called a legal nonconforming use. Meaning if they are using if they are industrial users, their property will continue to be industrial. If they're agriculture, they'll continue to be agricultural. And then we have up to a year to go ahead and reszone these properties. So it should not cause any concern for any of the property owners because their use may continue as it is. This annexation of the property will redown to the benefit of the city. We have a map that's up on the wall. We've also published that map and a notice of that map to all the property owners. We have provided for repeal or severability and an emergency and happy to answer any questions about that and then I will go on to the service plan. There's no questions on that. We have an annexation proposal service plan incorporating the property that we're talking about annexing to the city with a planning and zoning. The land use classifications include residential, agriculture, and commercial. We will we will seek designation of I1 light or L1 light industrial to all the properties being annexed taking into consideration the existing land use. And this was contemplated in the 2012 future land use map and the 2013 ordinance related to the same. Um again any existing land use which does not comply with the designated zoning will

be considered legal non-conforming and allowed to continue. Uh very few of the properties have been platted. They most of what meet the minimum requirements needed for platting. The services that will be planned that are planned to be used in the area. our code enforcement division to enforce city ordinances in reference to derelct structures, lapinated property, weeds and grass and trash for the first couple of years. The enforcement will be on a compliant basis. Thereafter, we will issue code violation. Cost for services vary depending on the types of services. We have those listed in the service plan. We will provide police protection. Upon annexation, the MSO Police Department will be the primary responders and we will continue. We will disperse the same equipment and manpower that we have right now. In the future, we may need to increase that, but at that time, this cost would be unknown. The same thing for the fire department. Upon annexation, a service plan calls for the Muscogee Fire Department to become the primary fire protection agency for this area. Considering this area is all industrial, we believe that this will greatly benefit out there. If there are any fires, we will have at least three pumpers, one ladder truck, and a rescue truck to respond to any structure fires and help with grass, trash, and refuge fires. Um, outside burning in these areas will be prohibited upon annexation as per city ordinance. No additional personnel or equipment are needed at this time, but as the park expands and we take in these parcels, we may need to in the future bring in additional personnel and trucks, and those are cost to be determined. We have estimated the cost for in the Muscogi Fire Department for single alarms and for commercial alarms for apparatus and personnel at $57.28 per hour for personnel. $3,000 per hour for apparatus depending on the what kind of trucks that we need if they're ladder trucks, pumper trucks, that type of thing. The water service, we are providing water and sewer. The lines

vary from sight from in size from 6 in to 12 in in. The city will be responsible for maintaining these lines upon annexation and laying any new lines that are necessary that the city deems as necessary. Our total water distribution maintenance cost annually is about $10,211. The cost to supply water annually is $6,911 880. I can't say numbers. 691

$691,680. Sanitary service is being provided by a 12-inch line. Again, these will be looked at. We will have to service those and possibly upgrade those or add additional lines in the future. The cost of collection collecting and treating sewage annually is $350,000. A lot of this is paid for some of this is paid for through water bills and sewer bills on the outside water rates. Upon annexation, all these industrial areas who are paying outside water rates will then begin paying city water rates for within city limits. So, their water cost will be reduced substantially. The street department has a v a variety of streets that we're bringing in that consist of concrete and gravel. They per statute, we have to maintain those in their current condition, but we may be upgrading some of those roads. The total street maintenance cost estimated now to keep them in ASIS condition is $18,96. Again, if we pave some of those gravel roads or add gravel gravel and dirt roads, those costs will increase. The sanitation division of the public works department enforces the ordinances that require refuge collection to all re residences and this will include those areas out there. There is no additional cost to the city for expanding into this area. We do have the polycarts and containers in our pre-existing stockpile at those where those will have to be replaced. The environmental control department will come in and provide services. The estimated annual cost for material and labor is $1,320. Upon annexation, all areas will be subject to storm water fees in accordance with the fee schedule listed in appendix A of the city of MSO code of ordinances. Um, this plan has been proposed and sets forth the times that the city of MSO considers to be a reasonable time to implement the service plan and this time will be confirmed and modified at the public hearing today as set forth in the ordinance. The plan may be negotiated through negotiate may be

amended at any time through negotiation at the hearing and the city will also of course be reasonable about negotiation if practical after if the annexation occurs. Happy to answer any questions on the service plan. Thank you. Uh, at this time we have a citizen that would like to speak, Mr. Dan Chevoscus. And if you would just mention your name.

Yes, my name is Dan Cheposcus. I reside here in Oklahoma. Um, well, here we are again. Um, this has been going on a long time and um, I tried to think of the best way to actually uh, present this rather than uh, laying things out as we did before. Um, and then of course we get into situations where maybe uh, you don't trust my credibility or what I'm saying. So I I'll go in a little different angle here. Uh, as you know uh, as this all started, uh, Polaris always maintained that they were never notified uh, that this was going to be coming into the city limits. They had no knowledge when they came in here. They asked for certain things uh adequate water, adequate uh u electricity. They looked for manpower and they wanted to be outside the city limits which is what most companies do when they come in and they locate. Um the city has maintained along with the port that this has always been known uh and it was known to everybody and Polaris knew about this or should have known that was the position. Um, and so, um, with that being said, um, I guess I'd like to ask maybe all of you a question, and you don't have to answer it, but just think about it because you're getting ready to go on record, uh, for this vote, uh, and what it's going to do, the implications to the city, uh, the citizens, uh, and our tax revenues. Would it surprise you or would you change your mind as far as the you know whether Polaris knew if you found out that maybe the county didn't know that this was going to come into the city limits and I say that u and I just ask you to go back and do your due diligence um and and do a little research uh I know that the city has maintained since I think 2012 this has always been part of the master plan and uh If that be

said, then the master plan you would think would be shared with everybody and everyone would know about it. Uh but in April of last year, the county of Mscogi uh entered in and started a tiff district, a county tiff district. And if you'll go back and read the the the documents associated with it, it says in the document very clearly that there was no anticipation that any uh any of this would go on the annexation or any material changes in this. The county would never have opened a county tiff, you know, and used adorum dollars to go out and develop the infrastructure if they were just doing it for the city and for it and then come away. So, all I ask for you to do is go pull up the document. It was signed by the city. I believe it was April of 2024. Those the verbiage that I told you is in the document. It makes it very clear. So, if the county is not aware of it, then how in the world can we expect that maybe someone coming in here uh that's looking for county property that would know about it? So, I'm asking you to go take the time, read the document. The tiff is still in place at this point. Read the document and see if uh what I'm saying is true. In the meantime, I'm asking you just tap the brakes. You don't want to go down this road and go on and and cast a vote when it's actually counterintuitive to growth and integrity of the city. It makes us look like we, you know, the left hand doesn't know what the right hand's doing when we do these things. And I and I understand we've all got lives. you guys are up there and you're trying to do the very best job you can and it's hard to know all of the documents as go on because there have been council members that have been on here and set before you and documents signed and agreements made. But this is something that's relatively new and it's something that actually is

something that that actually makes a difference in the material argument this because if the county didn't know then how can we rightfully think that Polaris knew. So, with that, I thank you. Thank you. With that, we'll close the public hearing. And it looks like we're going to need two motions on this item. The first one will need to be uh approval of this ordinance 4275- A. And sir, that includes exhibit B, the service plan. Thank you. I do have a question. Do we have to have a second public hearing? No, ma'am.

Okay. Statute calls for one. Okay. If we were if we were doing a zoning change, we would need to Okay. That's where it was used. And uh after that vote, um we'll need to declare an emergency. Uh does any of the council members have any questions? Okay. Do I have a a motion on approval of the ordinance number 4275- A? Make a motion that we approve ordinance 4275A and the service plan. I'll second it. Okay, we have a motion and a second. Roll call. Uh, roll call, please.

Mike Broly, yes. Tom Martanddale, yes. Melody Cranford, yes. Shirley Hilton Flannry, yes. Tracy H. Yes. Jamie Stout, no. Deputy Mayor Derek Reed, yes. Mayor Patrick Kale, yes. Item passes. Uh, next we'll need a a declaration of declaring an emergency. Make a motion that we declare an emergency. Second. We have a motion and a second. Roll call, please. Mike Broly? Yes. Tom Martanddale? Yes. Melody Cranford? Yes. Shirley Hilton Flannry. Yes. Tracy H. Yes. Jamie Stout.

No. Deputy Mayor Jerick Reed. Yes. Mayor Patrick Kale. Yes. Item passes.

And uh that's all for this evening. This meeting is now adjourned. Thank you everybody. the appointment of Angela Wilson to the Street Improvement Advisory Board to fill the expiring term of Lorie Thompson beginning October 1, 2025 and ending on September 30, 2030 or take other necessary actions. Councelor Cranford.

Uh, yes. I think that Angela will make a great asset to um this advisory board. So, I do ask that um your approv. [Music] We have a motion in a second. Roll call. Mike Broly. Yes. Dan Hall. Yes. Smell the