City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MAY 11, 2021 5:15 P.M. INVOCATION Robert Teague, Minister of Elk Avenue Church of Christ and Member of Duncan Kiwanis Club for 34 years FLAG SALUTE Vice-Mayor Nick Fischer ROLL CALL Mayor Robert Armstrong HR Director Kenzie Wheeler Vice-Mayor Nick Fischer City Attorney David Hammond Councilwoman Jennifer Smith Deputy City Clerk, Christina Johnson Councilwoman Patty Wininger Councilwoman Lindsay Hayes PROCLAMATION BY MAYOR ROBERT ARMSTRONG DESIGNATING AND PROCLAIMING THE MONTH OF MAY 2021 AS “MENTAL HEALTH AWARENESS MONTH”. Mayor Armstrong read aloud the Proclamation designating and proclaiming the month of May 2021 as “Mental Health Awareness Month”. PROCLAMATION BY MAYOR ROBERT ARMSTRONG DESIGNATING AND PROCLAIMING MAY 24, 2021 AS “DUNCAN CHISHOLM TRAIL KIWANIS CLUB CENTENNIAL BIRTHDAY CELEBRATION DAY”. Mayor Armstrong read aloud the Proclamation designating and proclaiming May 24, 2021 as “Duncan Chisholm Trail Kiwanis Club Centennial Birthday Celebration Day”. PRESENTATION BY NATE SCHACHT, COMMUNITY DEVELOPMENT DIRECTOR, REGARDING COMMERCIAL DEVELOPMENT. Nate Schacht, Community Development Director, addressed the Mayor and Council with a brief presentation regarding Commercial Development. Mr. Schacht explained that the partnership with Buxton Company and the City of Duncan began in 2019. Since that time Buxton has provided new business leads that have been generated based on conversations with City Staff, reviewing social media input from Citizens, review of demographics, and review of successful locations of businesses that might be targeted. Mr. Schacht explained that the Buxton Company sends initial letters for businesses that introduces the partnership with the City of Duncan then City Staff follows up with an additional letter to the lead with additional information such as demographical information compiled about successful stores and how Duncan’s demographics closely match the areas. Mr. Schacht explained that businesses are noticing Duncan and have expressed interest. He stated that retail has expressed some interest in locating to Duncan if there are buildings or store fronts that exist, or could exist, which generates a sense of cotenacy. He advised that a restaurant has recently expressed interest in Duncan and has asked for Staff to provide leads on potential Citizens interested in buying into the franchise. Councilwoman Smith asked about Bricktown Brewery still being interested in an establishment in Duncan. Mr. Schacht advised that Bricktown Brewery is still interested in Duncan, but the location of the building may change. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of April 27, 2021. b) Minutes of May 3, 2021. (Special Meeting) c) List of Claims d) Appointment of David Leonard as City of Duncan’s Representative to the Waurika Lake Master Conservancy District for a term expiring February 6, 2024. e) Purchase of a Backhoe Extension from C.L. Boyd Co., Inc. in the amount of $4,400.00 per Government Contract No. 032119-JDC. f) Authorize the Duncan Police Department to enter into Memorandum of Understanding’s (MOU’s) with Colussus, Inc., (Caliber) and Mobile Data Sharing iLEDDS Host/User to allow the Duncan Police Department to access law enforcement databases. Vice-Chairman Fischer asked about Item #1(e) Purchase of a Backhoe Extension from C.L. Boyd Co., Inc. in the amount of $4,400.00 per Government Contract No. 032119-JDC. He asked if this was still within the budget. Buddy Hokit, Public Works Director, stated that this was within the budgeted total amount of $100,000.00 that included the backhoe and extension. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #2: Consider approving Jacob’s Engineering Group to provide the City of Duncan Wastewater Treatment Plant (WWTP) with engineering services for the SCADA System Assessment in the amount of $45,830.00. This item was presented by HR Director, Kenzie Wheeler, who advised that the City of Duncan has identified the need to modernize the Supervisory Control and Data Acquisition (SCADA) at the WWTP. The current system employs obsolete computer hardware, communication technology and Human Machine interface (HMI) software. Mrs. Wheeler advised that these services are incidental services required to evaluate and prepare a master plan to upgrade the SCADA system in accordance with attached Exhibit A. Mrs. Wheeler noted that the work shall commence within 2 weeks upon notice to proceed, and be completed within 10 calendar weeks. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve Jacob’s Engineering Group to provide the City of Duncan Wastewater Treatment Plant (WWTP) with engineering services for the SCADA System Assessment in the amount of $45,830.00. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #3: Consider approving a Contract for the Housing of City Prisoners between the City of Duncan, Oklahoma, and the Board of County Commissioners of Jefferson County, Oklahoma. This item was pulled from the Agenda for further information. ITEM #4: Consider approving an Ordinance declaring the City of Duncan, Oklahoma as a Second Amendment Sanctuary City protecting the Second Amendment Rights for Law Abiding Citizens to keep and bear arms. Frank Leptinsky, 2001 Townsend, addressed the Mayor and Council in favor of passing this Ordinance. He stated that he would like to see the 2nd Amendment Rights kept in place as this Country was founded on God, Guns and Guts. Chase Schrick, 2805 W. Beech, addressed the Mayor and Council in favor of passing this Ordinance. He stated he was a former US Marine who honored livelihood and defending his family. He stated that he also hunted for a majority of his family and friends food. Misty Gilley, 508 W. Chestnut, addressed the Mayor and Council stating that she was in favor of passing this Ordinance. She stated that with the recent food shortages, individuals should have the right and be able to hunt for food. She also expressed the concerns of protecting her family in this changing world. Mayor Armstrong stated he had requested that the City Council consider enacting this Ordinance declaring the City of Duncan a 2nd Amendment Sanctuary City. He noted that this Ordinance is consistent with recently enacted State Law. This Ordinance directs law enforcement and all other City Department to take all reasonable measures to protect the Second Amendment rights of the law-abiding Citizens of Duncan. Councilwoman Smith asked how this Ordinance would be different than what is currently in place. City Attorney, David Hammond, stated that this Ordinance would allow law enforcement to take all reasonable measures to protect the Second Amendment rights for law-abiding Citizens of Duncan on a local level. ITEM #4A: Consider declaring an emergency in relation to the previous item. A motion was made by Councilwoman Smith, seconded by Vice-Mayor Fischer to declare an emergency in relation to the previous item. Upon roll call: AYE: Smith, Fischer, Hayes, Wininger, Armstrong NAY: None ITEM #5: 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. Brandon Arrington, local business owner, addressed the Mayor and Council stating that has had an ongoing issue with his utility deposit and not being able to obtain a trash receptacle, with a locking lid, at 5101 Brookwood, Suite F. City Attorney, David Hammond, stated that he would follow up on this issue. Mr. Arrington stated he is currently in the process of donating an incinerator, to the Duncan Police Department, to be used by local law enforcement to destroy certain drug and/or drug related items. Frank Leptinsky, 2001 Townsend, addressed the Mayor and Council asking about the progress of the City obtaining right-of-ways on his property. David Hammond, City Attorney, stated that Lynn Parr was currently working to resolve the issue and that Mr. Parr would be in contact with Mr. Leptinsky with a written proposal. Vice-Mayor Fischer asked about abandoned vehicles as well as the status of the old hospital and Chisholm Suite Hotel. Nate Schacht, Community Development/Code Enforcement Director, stated that his department has been working to resolve the issue with the hospital as well as the Chisholm Hotel. He stated that they have also been working on the abandoned car issue. Mr. Schacht explained that there is current litigation involving the Chisholm Suite Hotel in determining the owner and until a Judge makes a ruling they are sending all notices to a receiver in Florida. Councilwoman Smith asked for an update on the bridge outage on Plato Road. Buddy Hokit, Public Works Director, stated that they should receive the design plans to replace the bridge on Plato within the next few days. He explained that the design plans will determine when the bridge will be complete. He explained that the bridge is not functional and the bridge would be too dangerous to open it up to the public at this time. Councilwoman Wininger thanked First Baptist Duncan Church and Highland Park Baptist Duncan Church for the recent volunteer work they completed in regards to mowing and debris removal for Citizens in the Community who were unable to handle that type of work. She thanked them for their hard work and dedication to this project as well as being an inspiration to others in the Community. b) By the Council c) By the City Manager-There were none. ITEM #6: Adjournment A motion was made by Councilwoman Smith, seconded by Vice-Mayor Fischer to adjourn the meeting. Upon roll call: AYE: Smith, Fischer, Hayes, Wininger, Armstrong NAY: None ______________________________________ Robert Armstrong, Mayor ___________________________________ Christina Johnson, Deputy City Clerk  REGULAR MEETING DUNCAN PUBLIC UTILITY AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MAY 11, 2021 5:15 P.M. ROLL CALL Chairman Robert Armstrong HR Director, Kenzie Wheeler Vice-Chairman Nick Fischer Authority Attorney David Hammond Trustee Jennifer Smith Deputy Secretary, Christina Johnson Trustee Patty Wininger Trustee Lindsay Hayes ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of April 27, 2021. A motion was made by Trustee Smith, seconded by Trustee Wininger to approve the minutes of April 27, 2021. Upon roll call: AYE: Smith, Wininger, Fischer, Hayes, Armstrong NAY: None ITEM #2: Consider approving SEMA Construction Change Order No. 3 for the Clear Creek Lake Spillway Replacement Project and authorize the Chairman to execute the Change Order. This item was presented by HR Director, Kenzie Wheeler, who advised that on September 8, 2020 Chairman and Trustees approved the Clear Creek Lake Spillway Replacement Project contract with SEMA Construction. Mrs. Wheeler advised that Change Order No. 3 will underrun the contract by $84,034.00 due to reducing excavation required for the 21” fine filter, material reduction of fine filter and coarse filter reduction. Trustee Fischer asked if this would be cost savings. Public Works Director, Buddy Hokit, advised that this would be a cost savings of $84,034.00. A motion was made by Trustee Wininger, seconded by Vice-Chairman Fischer to approve SEMA Construction Change Order No. 3 for the Clear Creek Lake Spillway Replacement Project and authorize the Chairman to execute the Change Order. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #3: Consider approving Amendment No. 1 for Professional Services with Tetra Tech, Inc. for Engineering Services for the Sewer Rehabilitation Design Phase Project in the amount of $697,865.00 and authorize the Chairman to execute the agreement. This item was presented by HR Director, Kenzie Wheeler, who advised that the City of Duncan entered into an agreement with Tetra Tech dated January 27, 2020 for Sewer Rehabilitation Design. Mrs. Wheeler noted that this agreement with Tetra Tech is to increase the existing contract $697,865.00 for the Project Management, Construction Administration and Construction Inspection. Mrs. Wheeler stated that construction is to begin immediately and to be completed in eighteen (18) months. Trustee Fischer asked about the total amount of the project. Public Works Director, Buddy Hokit, advised the total project was estimated at $9million, but at this time has come in at $4.5 million. Trustee Wininger advised that this was part of the Oklahoma Water Resources Board (OWRB) Loan that was secured while interest rates were low. A motion was made by Trustee Hayes, seconded by Trustee Wininger to approve Amendment No. 1 for Professional Services with Tetra Tech, Inc. for Engineering Services for the Sewer Rehabilitation Design Phase Project in the amount of $697,865.00 and authorize the Chairman to execute the agreement. Upon roll call: AYE: Hayes, Wininger, Fischer, Smith, Armstrong NAY: None ITEM #4: Consider approving Jacob’s Engineering Group, Inc. Pay Requests No. 6 No. 7 and No. 8 in the amount of $70,735.91 for work completed on the Wastewater Treatment Plant Chlorination and De-chlorination Improvements Project. This item was presented by HR Director, Kenzie Wheeler, who advised that the Wastewater Treatment Plant is currently under a consent order and on May 12, 2020 the City Council approved an out-of-scope agreement with Jacob’s Engineering Group, Inc. to develop plans and specifications for construction. Mrs. Wheeler noted that the contractor has completed the bench-scale testing to evaluate the chlorine demand and disinfection requirements of the Waste Water Treatment Facility (WWTF) effluent going into the chlorine contact basin that has been completed. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve Jacob’s Engineering Group, Inc. Pay Requests No. 6 No. 7 and No. 8 in the amount of $70,735.91 for work completed on the Wastewater Treatment Plant Chlorination and De-chlorination Improvements Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong 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 Smith to adjourn the meeting. Upon roll call: AYE: Fischer, Smith, Hayes, Wininger, Armstrong NAY: None ______________________________________ Robert Armstrong, Chairman ___________________________________ Christina Johnson, Deputy Secretary