City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MARCH 23, 2021 5:15 P.M. INVOCATION Pastor James McDowell, Sovereign Grace Baptist Church FLAG SALUTE Councilwoman Patty Wininger ROLL CALL Mayor Ritchie Dennington City Manager Kimberly Meek Vice-Mayor Lindsay Hayes City Attorney David Hammond Councilman Nick Fischer Deputy City Clerk, Christina Johnson Councilwoman Patty Wininger ABSENT Councilwoman Jennifer Smith ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of March 9, 2021. b) List of Claims c) Budget Amendments A motion was made by Councilman Fischer, seconded by Vice-Mayor Hayes to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #2: Consider awarding the bid to Gills Demolition in the amount of $3,400.00 to tear down and remove the structure located at 911 North 8th Street, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the Department of Community Development sent out request for bids to tear down the structures located at 911 North 8th Street, Duncan, Oklahoma following several notifications being sent/posted to the property owners of record. Mrs. Meek noted that Gills Demolition was the lowest of three (3) bids at $3,400.00 to tear down and remove the structures located at 911 North 8th Street, Duncan, Oklahoma. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to award the bid to Gills Demolition in the amount of $3,400.00 to tear down and remove the structure located at 911 North 8th Street, Duncan, Oklahoma. Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM #3: Consider awarding the bid to Gills Demolition in the amount of $2,500.00 to tear down and remove the structures located at 804 Stephens, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that that the Department of Community Development sent out request for bids to tear down the structures located at 804 Stephens, Duncan, Oklahoma following several notifications being sent/posted to the property owners of record. Mrs. Meek noted that Gills Demolition was the lowest of three (3) bids at $2,500.00 to tear down and remove the structures located at 804 Stephens, Duncan, Oklahoma. A motion was made by Councilman Fischer, seconded by Vice-Mayor Hayes to award the bid to Gills Demolition in the amount of $2,500.00 to tear down and remove the structure located at 804 Stephens, Duncan, Oklahoma. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #4: Consider awarding the bid to Miller Construction in the amount of $3,200.00 to tear down and remove the structures located at 1009 North 7th Street, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the Department of Community Development sent out request for bids to tear down the structures located at 1009 North 7th Street, Duncan, Oklahoma following several notifications being sent/posted to the property owners of record. Mrs. Meek noted that Miller Construction was the lowest of three (3) bids at 3,200.00 to tear down and remove the structures located at 1009 North 7th Street, Duncan, Oklahoma. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to award the bid to Miller Construction in the amount of $3,200.00 to tear down and remove the structure located at 1009 North 7th Street, Duncan, Oklahoma. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #5: Consider awarding the Sanitary Sewer Rehabilitation Project Phase 1A to Portland Utilities Construction Co. in the amount of $1,956,138.50, Phase 1B to Horseshoe Construction in the amount of $891,660.00 and Phase 1C to PM Construction and Rehab in the amount of $1,753,425.00. This item was presented by City Manager, Kimberly Meek, who advised that on June 13, 2017 City Council authorized Tetra Tech to perform an evaluation of the Sanitary Sewer System. As a result rehabilitation plans were prepared for bid. Mrs. Meek stated that bids were opened on February 11, 2021. She advised that a bid tabulation is attached to the Council Packet for Mayor and Council’s review. Mrs. Meek stated that Contract 1A is to begin 10 days after Notice to Proceed, and to be completed within 550 days. Contact 1B is to being within 10 days after Notice to Proceed, and to be completed within 550 days. Contact 1C is to begin 189 days after Notice to Proceed and to be complete within 550 days. A motion was made by Vice-Mayor Hayes, seconded by Councilwoman Wininger to award the Sanitary Sewer Rehabilitation Project Phase 1A to Portland Utilities Construction Co. in the amount of $1,956,138.50, Phase 1B to Horseshoe Construction in the amount of $891,660.00 and Phase 1C to PM Construction and Rehab in the amount of $1,753,425.00. Upon roll call: AYE: Hayes, Wininger, Fischer, Dennington NAY: None ITEM #6: Consider approving an Ordinance vacating unimproved platted right-of-way (commonly referred to as the unimproved portion of 13th Street) that is platted between Bois D’ Arc Avenue and Highway 7. This item was presented by City Manager, Kimberly Meek, who advised that the City of Duncan Planning Commission heard a request made by Jacob Johnson requesting to vacate an unimproved and undeveloped road right-of-way, commonly referred to as 13th Street extended and sitting east of 1302 West Bois D’ Arc Avenue. Mrs. Meek noted that hearing no other testimony for or against this request, Planning Commission made a motion to send a favorable recommendation to the City of Duncan City Council to vacate the described portion of unimproved platted road right-of-way. A motion was seconded and vote of 4-0 vote to send a favorable recommendation occurred. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Hayes to approve an Ordinance vacating unimproved platted right-of-way (commonly referred to as the unimproved portion of 13th Street) that is platted between Bois D’ Arc Avenue and Highway 7. Upon roll call: AYE: Wininger, Hayes, Fischer, Dennington NAY: None ITEM #6A: Consider declaring an emergency in relation to the previous item. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Hayes to declare an emergency in relation to the previous item. Upon roll call: AYE: Wininger, Hayes, Fischer, Dennington NAY: None ITEM 7: Consider approving an Ordinance filed by the Department of Community Development amending Section 12-322: Use Permitted on Review within the A-1 General Agriculture District to include “Veterinary Clinic.” This item was presented by City Manager, Kimberly Meek, who advised that the City of Duncan Planning Commission heard a request filed by the Department of Community Development requesting to amend Section 12-322 to include a Use Permitted on Review of “Veterinary Clinic.” Mrs. Meek advised that Staff shared that a “Kennel” is already permitted within the agricultural districts as well as the raising of farm animals. Staff also noted that several veterinary clinics that are found within the Sphere of Influence would be on property deemed as agriculturally zoned if inside official City Limits. Mrs. Meek stated that Staff noted that the Use Permitted on Review process still allows oversight by the City of Duncan when looking at development and may address items such as parking, outdoor lighting, landscaping, and drainage to name a few. Mrs. Meek stated that hearing no other comments from the general public, the Planning Commission voted 4-0 to send a favorable recommendation on to the City Council to approve this amendment to City Code. Councilwoman Wininger asked if the veterinary clinic specified large or small animals and if this would affect the surrounding properties. Nate Schacht, Community Development Director, stated that this the size of animal was not specified, but large animals are already found in this area therefore it should not affect the surrounding properties. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to approve an Ordinance filed by the Department of Community Development amending Section 12-322: Use Permitted on Review within the A-1 General Agriculture District to include “Veterinary Clinic.” Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM #7A: Consider declaring an emergency in relation to the previous item. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to declare an emergency in relation to the previous item. Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM 8: Consider approving an application filed by Ms. Hazel Cox requesting a Use Permitted on Review to allow a Child Day Care to be located at 1704 West Main Street, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the City of Duncan Planning Commission heard a request filed by Ms. Hazel Cox to approve a Use Permitted on Review to allow a Child Day Care to occur on a property locate at 1704 West Main Street, Duncan Oklahoma. Mrs. Meek advised that the Planning Commission noted that this property was originally developed in 2011 for an Adult Day Care and later became a Church. Mrs. Meek stated that hearing no comments, the Planning Commission voted 4-0 to send a favorable recommendation on to the City Council to approve the Use Permitted on Review to allow a Child Day Care to be located at 1704 West Main Street, Duncan, Oklahoma. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to approve an application filed by Ms. Hazel Cox requesting a Use Permitted on Review to allow a Child Day Care to be located at 1704 West Main Street, Duncan, Oklahoma. Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM 9: Consider approving a contract between the Cities of Marlow, Oklahoma and Duncan, Oklahoma and Survival Flight EMS, LLC (SFEMS) for First Responder and Ambulance Services. This item was presented by City Manager, Kimberly Meek, who advised that the Cities of Marlow and Duncan have negotiated a contract with Survival Flight EMS, LLC “referred to as SFEMS” subject to Council approval. Pursuant to the contract SFEMS will provide first responder service to the Cities necessary for the operation of an ambulance service. SFEMS will be the exclusive provider for emergency and non-emergency ambulance transports. They will provide five (5) ambulances to serve the area. Each ambulance shall be staffed at the Advance Life Support level of services. The contact requires that SFEMS have an office located in both Cities and the service will be provided 24 hours for 7 days per week. Mrs. Meek stated that the contract term is for one (1) year with the option for an additional four (4) years unless terminated by the parties. The contact will be entered on March 23, 2021. The service will begin on August 1, 2021. Either party may cancel the contact upon providing ninety (90) days written notice. SFEMS must comply with State regulations and will have a representative on the EMS Board. The EMS Board can monitor the quality of service provided SFEMS. The Cities will be required to pay a total fee of $13,650.00 per month. The monthly fee will increase by 2.5% each year thereafter. SFEMS will be responsible for their own billing and the rates charged must be approved by the Council. Councilman Fischer asked if all parties had to terminate. David Hammond, City Attorney, advised that any party could terminate the contact with 180 days’ notice. Councilwoman Wininger thanked everyone involved who helped secure this contract. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to approve a contract between the Cities of Marlow, Oklahoma and Duncan, Oklahoma and Survival Flight EMS, LLC (SFEMS) for First Responder and Ambulance Services. Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM #10: OTHER COMMENTS: a) By the Public Per State Statute the Mayor and Council will not be able to respond to any issues brought forward during this part of the agenda. The City Manager or the Staff will take your information and address the situation then reconnect with you. The Council Members are available before and after the meeting to address concerns on an individual basis. There were no comments from the Public. b) By the Council- Councilman Fischer thanked Nate Schacht and his staff for their work on getting dilapidated structures removed. He stated he would like to see 2-3 structures removed per month. c) By the City Manager-There were none. ITEM #11: Adjournment A motion was made by Vice-Mayor Hayes, seconded by Councilman Fischer to adjourn the meeting. Upon roll call: AYE: Hayes, Fischer, Wininger, Dennington NAY: None ______________________________________ Ritchie Dennington, Mayor ___________________________________ Christina Johnson, Deputy City Clerk  REGULAR MEETING DUNCAN PUBLIC UTILITY AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MARCH 23, 2021 5:15 P.M. ROLL CALL Chairman Ritchie Dennington General Manager Kimberly Meek Vice-Chairman Lindsay Hayes Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary, Christina Johnson Trustee Patty Wininger ABSENT Trustee Jennifer Smith ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of March 9, 2021. b) Annual CPI (Consumer Price Index) increase of 0.94% per contract with Waste Connections for Sanitation Services. Trustee Fischer stated that a two (2) time per week garbage pickup for this amount is a good deal. Trustee Wininger noted that not only is this a good deal for a two (2) time per week garage pickup up but this included a bulky trash day as well as recycling. A motion was made by Vice-Chairman Hayes seconded by Trustee Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #2: Consider Pay Request No. 4 to SEMA Construction in the amount of $352,640.00 to for construction services rendered in conjunction with the Clear Creek Lake Spillway Project. This item was presented by General Manager, Kimberly Meek, who advised that on September 8, 2020 Mayor and Council approved a contract with SEMA Construction to provide construction services for the Clear Creek Lake Spillway. Mrs. Meek noted that this Pay Request is for construction services rendered through February 25, 2020 with 14.4% of the contract paid to date. A motion was made by Trustee Fischer, seconded by Vice-Chairman Hayes to approve Pay Request No. 4 to SEMA Construction in the amount of $352,640.00 to for construction services rendered in conjunction with the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #3: Consider Pay Request No. 22 to Freese and Nichols in the total amount of $27,259.81 on the Clear Creek Lake Spillway Project. This item was presented by General Manager, Kimberly Meek, who advised that on March 26, 2019 Mayor and Council approved a contract with Freese and Nichols, Inc. to provide design services for the Clear Creek Lake Spillway. This Pay Request is for Project Management, and Construction services rendered through February 28, 2021. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Pay Request No. 22 to Freese and Nichols in the total amount of $27,259.81 on the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #4: Consider Pay Request No. 10 to Tetra Tech, Inc. in the amount of $28,500.00 for services rendered in conjunction with the Sewer Rehabilitation Design Phase I Project. This item was presented by General Manager, Kimberly Meek, who advised that on February 25, 2020 Mayor and Council approved a contract with Tetra Tech, Inc. to provide Sewer Rehabilitation Design and preparation of construction plans. This Pay Request is for developing plans and specifications for sewer rehabilitation through February 19, 2021. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Request No. 10 to Tetra Tech, Inc. in the amount of $28,500.00 for services rendered in conjunction with the Sewer Rehabilitation Design Phase I Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #5: OTHER COMMENTS: a) By the Public Per State Statute the Chairman and Trustees will not be able to respond to any issues brought forward during this part of the agenda. The General Manager or the Staff will take your information and address the situation then reconnect with you. The Chairman and Trustees are available before and after the meeting to address concerns on an individual basis. There were no comments from the Public. b) By the Chairman and Trustees-There were none. c) By the General Manager-There were none. ITEM #6: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ______________________________________ Ritchie Dennington, Chairman ___________________________________ Christina Johnson, Deputy Secretary  REGULAR MEETING DUNCAN ECNONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MARCH 23, 2021 5:15 P.M. ROLL CALL Chairman Ritchie Dennington General Manager Kimberly Meek Vice-Chairman Lindsay Hayes Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary, Christina Johnson Trustee Patty Wininger ABSENT Trustee Jennifer Smith ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of February 23, 2021. A motion was made by Trustee Wininger, seconded by Trustee Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Wininger, Fischer, Hayes, Dennington NAY: None ITEM #2: OTHER COMMENTS: a) By the Public Per State Statute the Chairman and Trustees will not be able to respond to any issues brought forward during this part of the agenda. The General Manager or the Staff will take your information and address the situation then reconnect with you. The Chairman and Trustees are available before and after the meeting to address concerns on an individual basis. There were no comments from the Public. b) By the Chairman and Trustees-There were none. c) By the General Manager-There were none. ITEM #3: Adjournment A motion was made by Trustee Fischer, seconded by Vice-Chairman Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ______________________________________ Ritchie Dennington, Chairman ___________________________________ Christina Johnson, Deputy Secretary