City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 13, 2021 5:15 P.M. INVOCATION Jason Hicks, District Attorney FLAG SALUTE Vice-Mayor Lindsay Hayes 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 PROCLAMATION DESIGNATING AND PROCLAIMING THE WEEK OF APRIL 18-24, 2021 AS “VICTIM’S RIGHTS WEEK” IN THE CITY OF DUNCAN, OKLAHOMA BY MAYOR RITCHIE DENNINGTON. Mayor Ritchie Dennington read the Proclamation aloud that declared the week of April 18-24 2021 and “Victim’s Rights Week” in the City of Duncan, Oklahoma. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of March 23, 2021. b) List of Claims c) Budget Amendments d) Resolution approving the Biannual Supplements to the permanent Code of Ordinances of the City of Duncan pursuant to 11 O.S. 14-109 and 11 O.S. 14-110. e) Approve the Emergency Management Severance Agreement. f) Appointment of Tera Mathis as the City of Duncan Emergency Management Director. g) Approve the City of Duncan Emergency Operations Plan. h) Authorize the City of Duncan Police Department to enter into a Memorandum of Understanding with the Federal Bureau of Investigation. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #2: Consider approving the Mayor signing a contract with Alexander & Son Company, Inc. for a New Metal Shop Building for the Lakes Department in the amount of $46,500.00. This item was presented by City Manager, Kimberly Meek, who advised that Lakes Staff sent out a bid package for a new metal shop building and on March 30, 2021 bids were opened. This building we be used for the storage and maintenance of the Lakes mowers and equipment and is a budgeted item in the 2021 budget. Completion will be 90 days after award of contract. A motion was made by Vice-Mayor Hayes, seconded by Councilman Fischer to approve the Mayor signing a contract with Alexander & Son Company, Inc. for a New Metal Shop Building for the Lakes Department in the amount of $46,500.00. Upon roll call: AYE: Hayes, Fischer, Wininger, Dennington NAY: None ITEM #3: Consider approving the purchase of a 2021 Chevrolet Tahoe 4x4 off State Contract SW0142 from Dana Safety Supply Inc., in the amount of $46,185.68 for the Police Department. This item was presented by City Manager, Kimberly Meek, who advised that this Purchase will replace the current 2013 Ford pick-up with 104,000 thousand miles. The 2013 Ford will be retained for use within the Police Department at Animal Control. Mrs. Meek noted that the new 2021 Chevrolet Tahoe will be used in the supervision of dispatch, animal control, storm siren maintenance and on patrol at the lakes. The new purchase will enable the driver to carry necessary equipment needed for the job, and also carry dive gear and sniper equipment. This vehicle will come fully equipped with necessary emergency equipment by Dana Safety Inc. with an estimated delivery in the middle of June 2021. Councilman Fischer asked if this proposed purchase was a budgeted item. Mrs. Meek stated that this was a budgeted item. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve the purchase of a 2021 Chevrolet Tahoe 4x4 off State Contract SW0142 from Dana Safety Supply Inc., in the amount of $46,185.68 for the Police Department. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #4: Consider approving Change Order No. 1 and Change Order No. 2 for the Clear Creek Lake Spillway Replacement Project and authorize the Mayor to execute the Change Orders. This item was presented by City Manager, Kimberly Meek, who advised that on September 8, 2020 Mayor and Council approved the Clear Creek Lake Spillway Replacement Project contract with SEMA Construction. Mrs. Meek noted that Change Order No. 1 will underrun the contract by $24,360.00 due to reducing the anchors from 40 LF to 20 LF. Mrs. Meek stated that Change Order No. 2 will overrun the contract by $81,004.50 due to slope over-excavation and backfilling, install 16” Rip Rap and muck removal, and Ditch Relocation. Mrs. Meek advised that the total cost of the proposed Change Orders is $56,644.50, which is less than the statutory limit of 10% A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve Change Order No. 1 and Change Order No. 2 for the Clear Creek Lake Spillway Replacement Project and authorize the Mayor to execute the Change Orders. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #5: Consider awarding demolition of property located at 702 West Willow Ave. Duncan, OK to Miller Construction & Sons Inc. in the amount of $30,000.00. This item was presented by City Manager, Kimberly Meek, who advised that the Public Works Department requested bids to tear down the structure located at 702 West Willow Avenue, Duncan Oklahoma on April 8, 2021. Two bids were received as follows: BJ Backhoe $30,700.00 Miller Construction $30,000.00 Councilwoman Wininger asked if this was the old Latham’s Building and how long it would take to remove. Larry Jones, Facility Maintenance Superintendent, advised that this was the old Latham’s Building and it would be removed in less than thirty (30) days. Councilman Fisher asked if this building was leased in the past and if it could still be leased. Mrs. Meek stated that the building had been leased in the past but due to structural issues the building is no longer safe to lease. A motion was made by Councilman Fischer, seconded by Vice-Mayor Hayes to award demolition of property located at 702 West Willow Ave. Duncan, OK to Miller Construction & Sons Inc. in the amount of $30,000.00. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY None ITEM #6: 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. Frank Leptinsky, 2001 Townsend addressed the Mayor and Council in relation to the drainage issue on his property. He stated this has been an ongoing issue for several years and that he has spoken with several Council Members, City Manager, Staff and City Attorney regarding this issue. He also stated there is currently no easement on his property. Mr. Leptinsky advised that he has fixed the drainage issue at his residence and provided City Attorney David Hammond with the invoice. Mr. Leptinsky stated that there are several small issued throughout Duncan that needs to be addressed. He stated there is a powerline that is lying across a chain link fence in front of his residence that needs to be addressed. He asked that the City Council needs to look at the small things that help the Citizens of Duncan as well as the large issues. Councilman Fischer stated he would like to visit with Mr. Leptinsky after the meeting. David Hammond, City Attorney, stated he has visited with Mr. Leptinsky and they are in process of trying to remedy the situation with the easements. He stated that Lynn Parr is currently working on the issue regarding the easement. Councilwoman Wininger asked Nate Schacht to explain the process of inoperable cars, RV S, general cleanup and grass clippings. Mr. Schacht briefly updated the Mayor and Council on each process. b) By the Council-There were none. c) By the City Manager-There were none. ITEM #7: Adjournment A motion was made by Councilman Fischer, seconded by Vice-Mayor Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ______________________________________ Ritchie Dennington, Mayor ___________________________________ Christina Johnson, Deputy City Clerk  REGULAR MEETING DUNCAN PUBLIC UTILITY AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 13, 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 23, 2021. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #2: Consider authorizing the use of Mutual Aid from Oklahoma Municipal Power Authority (OMPA) in the approximate amount of $62,000.00. This item was presented by General Manager, Kimberly Meek, who advised that before, during and after the recent severe weather event we have experienced blinks and outages on Circuit 1-202 that feeds from Elder Substation. This Circuit’s “backbone” runs along Elder Avenue from US 81 Highway working its way east, all the way to the Water Filter Plant; it also runs N/S along N. 9th street and behind N. 13th street. Mrs. Meek noted that in recent years Staff has replaced the protection relays on this circuit, trimmed trees, replaced poles, replaced cross arms, reinsulated portions of the circuit, hardened specific areas and replaced UG Primary lines serving commercial businesses. All of these improvements have been in response to issues discovered as a result of a blink or outage. In an effort to get ahead of problems as opposed to playing catchup, Staff is requesting approval for significant Mutual Aid from OMPA’s Line Crew. Mrs. Meek advised it will take an average Service Interruption interval(s) and being proactive with repairs and maintenance on this specific Circuit; just as Staff has successfully done on other circuits in Duncan over the last 3 years. Staff advised that if they undertake the proposed work, with absolute certainty, it will remedy all of the future problems on this circuit; Staff cannot. Staff has made observations, used statistical determinations, to uncover conditions and locations, which would, with a high level of certainty, be the cause of future outages. Crews’ will not be replacing every piece of equipment on the circuit; these locations are still operating today, but Staff would be applying “best practices” to; proper insulation levels, structure-failure mitigation and use system hardening techniques along the backbone of this circuit. Mrs. Meek advised that funding for the work will come from a budget line item Contract Services 62-21-524200. A motion was made by Trustee Fischer, seconded by Vice-Chairman Hayes to authorize the use of Mutual Aid from Oklahoma Municipal Power Authority (OMPA) in the approximate amount of $62,000.00. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #3: Consider approving Pay Request No. 5 to SEMA Construction in the total amount of $282,720.00 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 March 25, 2021 and that 21.0% of the contract has been paid. Trustee Wininger asked if this project was still on schedule. Mrs. Meek stated that this project is still on schedule. A motion was made by Trustee Fischer, seconded by Vice-Chairman Hayes to approve Pay Request No. 5 to SEMA Construction in the total amount of $282,720.00 for construction services rendered in conjunction with the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ITEM #4: Consider approving a permit for use of Right-of-Ways between the Duncan Public Utility Authority and Dobson Technologies. This item was presented by General Manager, Kimberly Meek, who advised that enclosed in the Council Packet is a contact for the Use of Right-of-Way between the Duncan Public Utility Authority and Dobson Technologies. Dobson provides fiber optics and internet services. The Council has previously approved agreements between the Trust and Dobson to provide fiber optic and internet services to the City. This agreement will allow them to use the City Right-of-Ways to provide these services. This service will allow the City to have domain for its telephone and internet system which will make the system more efficient. Pursuant to the contract Dobson will pay a fee of 2% of its gross sales each year for the use of the City Right-of-Ways. Dobson is in the process of expanding its services to individuals and other businesses within the area. There is a map attached to the contract to show a diagram of existing fiber optics and for the expansion of future fiber optics. Councilwoman Wininger asked if there would be issues with blocking traffic during the installation time. Chris Hodges, Dobson Technologies, stated that there will not be issues with the blocking of traffic as they use high end contractors and if an issue were to arise they would work with the City ahead of time to ensure that proper notification is given. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve a permit for use of Right-of-Ways between the Duncan Public Utility Authority and Dobson Technologies. 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 Vice-Chairman Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Dennington NAY: None ______________________________________ Ritchie Dennington, Chairman ___________________________________ Christina Johnson, Deputy Secretary  SPECIAL MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 13, 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 ratifying the action of Staff in authorizing water main repairs as an emergency expenditure and authorize payment to Miller Construction in the amount of $64,252.50. This item was presented by General Manager, Kimberly Meek, who advised that on February 10, 2021 critical weather conditions and below zero temperatures caused fifty-six (56) water main breaks throughout the City of Duncan. City distribution crews were unable to safely continue to maintain water services to the public. Mrs. Meek noted that due to the continued critical weather conditions, Staff believed it was in the best interest for the City Crew’s safety and to the Public to hire additional crews to help repair main breaks. On February 17, 2021 the Public Works Department reached out to an experienced utility installer and obtained their services to assist City Crews for thirteen (13) days. Mrs. Meek advised that Staff has submitted expenditures to FEMA for reimbursement. Trustee Fischer asked if the $64,252.50 was the total. Mrs. Meek stated that $64,252.50 was the total. Trustee Wininger thanked the City Crews as well as those who helped during this time. A motion was made by Trustee Fischer, seconded by Trustee Wininger to ratify the action of Staff in authorizing water main repairs as an emergency expenditure and authorize payment to Miller Construction in the amount of $64,252.50. Upon roll call: AYE: Fischer, Wininger, 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  SPECIAL MEETING DUNCAN ENHACEMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 13, 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 December 8, 2021. (Special Meeting) A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #2: Consider awarding the Landscaping and Maintenance Project bid to Gardentown in the amount of $6,712.04 for the Landscaping and Maintenance at Memorial Park, the Circle of Love and the Historical Museum. This item was presented by General Manager, Kimberly Meek, who advised that the Duncan Enhancement Trust Authority (DETA) does a multitude of beautification projects throughout the City. They have proposed landscaping and maintenance project for Memorial Park, the Circle of Love and the Historical Museum. Bids were solicited from Montgomery Landscape, Naturescape Landscaping and Bedrock Nurseries and all declined to bid. Gardentown was the only bid received in the amount of $6,712.04. Trustee Fischer asked who would maintain the improvements. Larry Jones, Parks Superintendent, stated that the DETA has a crew that will maintain the new plants. A motion was made by Trustee Fischer, seconded by Trustee Wininger to award the Landscaping and Maintenance Project bid to Gardentown in the amount of $6,712.04 for the Landscaping and Maintenance at Memorial Park, the Circle of Love and the Historical Museum. Upon roll call: AYE: Fischer, Wininger, Hayes, Dennington NAY: None ITEM #3: 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 #4: 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