City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MAY 25, 2021 5:15 P.M. INVOCATION Reverend David Galletly, All Saints Episcopal Church FLAG SALUTE Vice-Mayor Nick Fischer ROLL CALL Mayor Robert Armstrong City Manager, Kimberly Meek Vice-Mayor Nick Fischer City Attorney David Hammond Councilwoman Jennifer Smith Deputy City Clerk, Christina Johnson Councilwoman Patty Wininger Councilwoman Lindsay Hayes PRESENTATION TO RANDY AND SHEILA NORMAN IN APPRECIATION AND RECOGNITION OF THEIR SERVICE TO THE CITY OF DUNCAN. Randy Norman, Lakes Director, and Sheila Norman, Finance Director, were presented with plaques and jackets in appreciation and recognition to their hard work and service to the City of Duncan. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of May 11, 2021. b) List of Claims c) Payment to the Oklahoma Municipal League (OML) in the amount of $20,135.87 for 2021-2022 member support services. d) Lease Agreement with Survival Flight EMS, Inc., for the lease of office space at the Community Intervention Center (CIC) building. e) Purchase of an excess Workers Compensation Stop Loss Insurance Policy with Arch Insurance from Whitten Insurance in the annual amount of $124,370.00. f) Acknowledge the reappointment of Reavis Hammond to the Lakes Commission and the appointment of Rudy Sanders to fill a vacant board position on the Lakes Commission. Vice-Mayor Fischer asked about Item #1 (d) Lease Agreement with Survival Flight EMS, Inc., for the lease of office space at the Community Intervention Center (CIC) building. He asked how long the term of the lease was. City Manager, Kimberly Meek, advised that the lease was for one (1) year with four (4) additional one (1) year terms. A motion was made by Councilwoman Smith, seconded by Councilwoman Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Smith, Wininger, Hayes, Fischer, Armstrong NAY: None ITEM #2: Consider ratifying the action of the City Manager to repair the Sanitary Sewer Main Aerial Crossing on Claridy Creek in the amount of $18,500.00. This item was presented by City Manager, Kimberly Meek, who advised that this aerial creek crossing is located in the Pearl passive area north of Elk Avenue between 13th Street and Pearl Drive. The sanitary sewer main was damaged due to high water and erosion of Claridy Creek and required immediate repair. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to ratify the action of the City Manager to repair the Sanitary Sewer Main Aerial Crossing on Claridy Creek in the amount of $18,500.00. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #3: Consider awarding the Storm Drain Repair Project Simmons Center to Blackburn Construction in the amount of $43,338.00. This item was presented by City Manager, Kimberly Meek, who advised that this work shall consist of the excavation, removal and replacement of the approximately 135 feet of damaged 48” Corrugated Metal Pipe (CMP) and Concrete Paving at the Duncan Community Activity Center aka the Simmons Center. Mrs. Meek noted that bids were opened on May 10, 2021 as follows: Blackburn Construction $43,338.000 Miller Construction $65,555.00 WW Builders, Inc. $46,428.98 Councilwoman Wininger asked if there would be a sixty (60) day turnaround time. Mrs. Meek advised that there would be a sixty (60) day turnaround time. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to award the Storm Drain Repair Project Simmons Center to Blackburn Construction in the amount of $43,338.00. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #4: Consider approving Jung Engineering Pay Request No. 1 in the total amount of $7,776.00 for services rendered on the Plato Road Bridge Replacement Engineering Study. This item was presented by City Manager, Kimberly Meek, who advised that the bridge on Plato Road near 5th Street has been closed due to extremely unsafe conditions. Jung Engineering services has been retained to design and prepare construction plans for the bridge replacement. Mrs. Meek advised that this pay request represents the first phase of the design. Councilwoman Wininger asked if the completion date was in October. Mrs. Meek stated that the completion date is scheduled for October weather permitting. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to approve Jung Engineering Pay Request No. 1 in the total amount of $7,776.00 for services rendered on the Plato Road Bridge Replacement Engineering Study. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #5: Consider accepting the bid from Gill Demolition in the amount of $5,800.00 to tear down and remove the structures located at 512 West Elder Avenue, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the Department of Community Development sent out requests for bids to tear down the structure located at 512 W. Elder Avenue, Duncan, Oklahoma following several notifications being sent/posted the property owners of record. Mrs. Meek noted that Gill Demolition was the lower of the two bids received at $5,800.00 to tear down and remove the structures located at 512 W. Elder Avenue, Duncan, Oklahoma. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Smith to accept the bid of $5,800.00 from Gill Demolition to tear down and remove the structures located at 512 W. Elder Avenue, Duncan, Oklahoma. Upon roll call: AYE: Fischer, Smith, Hayes, Wininger, Armstrong NAY: None ITEM #6: Consider accepting the bid from Gill Demolition in the amount of $6,900.00 to tear down and remove the structures located at 514 West Elder Avenue, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the Department of Community Development sent out requests for bids to tear down the structure located at 514 W. Elder Avenue, Duncan, Oklahoma following several notifications being sent/posted the property owners of record. Mrs. Meek noted that Gill Demolition was the lower of the two bids received at $6,900.00 to tear down and remove the structures located at 514 W. Elder Avenue, Duncan, Oklahoma. A motion was made by Councilwoman Smith, seconded by Vice-Mayor Fischer to accept the bid of $6,900.00 from Gill Demolition to tear down and remove the structures located at 514 W. Elder Avenue, Duncan, Oklahoma. Upon roll call: AYE: Smith, Fischer, Hayes, Wininger, Armstrong NAY: None ITEM #7: Consider accepting the bid from Miller Construction in the amount of $3,250.00 to tear down and remove the structures located at 1108 North 6th Street, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the Department of Community Development sent out requests for bids to tear down the structure located at 1108 North 6th Street, Duncan, Oklahoma following several notifications being sent/posted the property owners of record. Mrs. Meek noted that Miller Construction was the lower of the two bids received at $3,250.00 to tear down and remove the structures located at 1108 North 6th Street, Duncan, Oklahoma. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Smith to accept the bid of $3,250.00 from Miller Construction to tear down and remove the structures located at 1108 North 6th Street, Duncan, Oklahoma. Upon roll call: AYE: Fischer, Smith, Hayes, Wininger, Armstrong NAY: None ITEM #8: Consider approving the purchase of transformers as follows: Items A and B to Techline Inc. in the total amount of $120,377.00. This item was presented by City Manager, Kimberly Meek, who advised that Duncan Power is requesting to purchase various sizes of distribution transformers to replenish stock and for upcoming projects and approve transfer of funds from existing budgets to complete the purchases. An invitation to bid was mailed to four (4) vendors on April 26, 2021 and there were two (2) responders. The single purchase that is driving the budget over-run is for PGM; Item B for $109,188.00. Mrs. Meek noted that Duncan Power purchases Transformers on an Actual Cost to Own and Operate Yearly basis. The formula includes; wholesale power cost, transformer purchase price, cost of money, utilization factor, core losses and full load losses. This ensures the greatest overall value for purchasing and operating these transformers. Mrs. Meek advised that included in the Council Packet for review is the tabulation for Items A & B which lists the sizes and quantities of transformers. The units that met our specifications with the lowest Actual Cost to Own and Operate Yearly are marked in bold and are the Items recommended. Mrs. Meek noted that the purchase of these transformers will come from CIP Accounts; Transformers in the amount of $110,000 and Reconductor of Overhead Lines in the amount of $10,377.00. Councilwoman Wininger asked if there were any delays expected in receiving the supplies. Mrs. Meek stated that there were no foreseen delays in receiving the supplies. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve approving the purchase of transformers as follows: Items A and B to Techline Inc. in the total amount of $120,377.00. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #9: Consider relaxing the Alcoholic Beverage Code of the City of Duncan as it relates to Section 3-109 (Condition of Sale), 3-110 (Consumption Prohibited), 3-111 (Compliance Required), 3-112 (Compliance of Zoning), and 3-113 (Prohibited Location), which would be for the Main Street Duncan Car Show to be held on Saturday, June 12, 2021 from 11:00 am to 4:00 pm. This item was presented by City Manager, Kimberly Meek, who advised that Main Street Duncan will host a Main Street Duncan Car Show on Saturday, June 12, 2021. This event is proposed to include a wine and beer tasting. This event features Oklahoma wineries and our own local brewery where wine and beer will be sold by the glass to be consumed on the premises. The proposed location for the event is located in the southeast corner of the intersection of 10th Street and Main Street (First Bank and Trust parking lot) and will cross the alley on the same side to accommodate the placement of portajohns for those inside the designated drinking area. Mrs. Meek advised that in the past, the City Council has voted to relax the City Code for specific Main Street events. This is the first time the proposal is to relax the codes during one of the designated car shows. Approval from City Council is contingent in that all alcohol purchases and sampling of alcoholic beverages must be monitored to insure individuals under the age of 21 not be allowed to purchase and/or consume on the premises. In addition, patrons will not leave the premises with an open container. Security for the event must be provided by Main Street Duncan. Mrs. Meek noted that the event will take place on Saturday, June 12, 2021 from 11:00am to 4:00pm. Councilwoman Smith asked if there were a certain area designated for alcohol consumption. Mrs. Meek stated that there is a designated area designated for alcohol consumption. A motion was made by Councilwoman Smith, seconded by Vice-Mayor Fischer to approve relaxing the Alcoholic Beverage Code of the City of Duncan as it relates to Section 3-109 (Condition of Sale), 3-110 (Consumption Prohibited), 3-111 (Compliance Required), 3-112 (Compliance of Zoning), and 3-113 (Prohibited Location), which would be for the Main Street Duncan Car Show to be held on Saturday, June 12, 2021 from 11:00 am to 4:00 pm. Upon roll call: AYE: Smith, Fischer, Hayes, Wininger, Armstrong NAY: None ITEM #10: Consider approving the application filed on behalf of Verizon Wireless requesting a Use Permitted on Review to allow the construction of a wireless communication tower on a property commonly referred to as 645 West Maple Avenue, Duncan, Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that the City of Duncan Planning Commission heard a request filed on behalf of Verizon Wireless to construct a 90 foot monopole wireless communications tower on a property located at 645 West Maple Avenue, Duncan, Oklahoma. Mrs. Meek stated that hearing no other comments, the Planning Commission voted 6-0 to send a favorable recommendation on to the City Council to approve the Use Permitted on Review to allow construction of a 90 foot tall, monopole wireless communications tower at this location. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve the application filed on behalf of Verizon Wireless requesting a Use Permitted on Review to allow the construction of a wireless communication tower on a property commonly referred to as 645 West Maple Avenue, Duncan, Oklahoma. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #11: Consider authorizing the repairs to Nitrification Pump No. 2 at the Wastewater Treatment Plant (WWTP) to Haynes Equipment at a cost of $31,240.00. This item was presented by City Manager, Kimberly Meek, who advised that the 16 inch Nitrification Pumps are vital for the operation of the Wastewater Treatment Plant (WWTP). Pump #2 has been taken out of service due to mechanical issues. This repair is critical for having both pumps fully operational to maintain compliance. Mrs. Meek noted that Staff recommends Hayes Equipment as the best bid to repair the Nitrification Pump No. 2 and are the distributors of the pump. Mrs. Meek advised the following bids were received: Hot-Line LLC $20,425.00 Capital Electric Motor Repair $29,000.00 Haynes Equipment $31,240.00 Evans Enterprises $24,400.00 Councilwoman Wininger asked what the turnaround time would be. Public Works Director, Buddy Hokit, advised the turnaround time would be six (6) weeks. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to authorize the repairs to Nitrification Pump No. 2 at the Wastewater Treatment Plant (WWTP) to Haynes Equipment at a cost of $31,240.00. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #12: Consider entering into a contract for housing of City Inmates between the City of Duncan and the Stephens County Commissioners. This item was presented by City Manager, Kimberly Meek, who advised that the proposed contact is for Housing of City of Duncan Prisoners between eh City of Duncan and the County Commissioners of Stephens County, Oklahoma. The City has previously had a contact with the Stephens County Board of Commissioners to house City Inmates. Jason Hicks, Stephens County District Attorney, with the approval of the County Commissioners mailed former Mayor Ritchie Dennington a letter dated April 12, 2021 cancelling our agreement with the Stephens County to house our inmates. The County gave us thirty (30) days to enter into a new contract; and the deadline has been extended until May 26th to allow further renegotiations. The Assistant City Attorney has met with Jason Hicks to go over the possibility of agreeing to a new contact with the County. The Stephens County Sheriff has requested an increase per diem jail costs from $38.00 per day to $50.00 per day. Mrs. Meek advised that the contract is for a one (1) year term. The contract can be renewed for successive one (1) year periods unless either party gives sixty (60) days written notice to terminate the contract. In recognition of the McGirt and Bosse cases-related to the prosecution of American Indians, an indemnification provision is included as to causes of action related to wrongful imprisonment. Mayor Armstrong noted that it had been ten (10) years since this contract was negotiated and was overdue. Councilwoman Wininger asked if an indemnification clause was included in this contract. Mrs. Meek advised that an indemnification clause was included in this contract. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to approve entering into a contract for housing of City Inmates between the City of Duncan and the Stephens County Commissioners. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #13: Consider entering into a contract for housing of City Inmates between the City of Duncan and the Jefferson County Commissioners. This item was presented by City Manager, Kimberly Meek, who advised that the proposed contact is for Housing of City of Duncan Prisoners between the City of Duncan and the County Commissioners of Jefferson County, Oklahoma. The City has previously had a contact with the Stephens County Board of Commissioners to house City Inmates. Jason Hicks, Stephens County District Attorney, with the approval of the County Commissioners mailed former Mayor Ritchie Dennington a letter dated April 12, 2021 cancelling our agreement with the Stephens County to house our inmates. The County gave us thirty (30) days to enter into a new contract; and the deadline has been extended until May 26, 2021. The Stephens County Sheriff requested an increase in the per diem jail cost from $38.00 per day to $50.00 per day. Mrs. Meek advised that the Jefferson County Commissioners have already approved an agreement to house City inmates at the rate of $47.50 per day. The contract is for a one (1) year term with the option to renew on an annual basis. This arrangement will require more travel by City officers. The contract will renew on an annuals basis. The contract can also be terminated by either party by giving a ninety (90) days written notice. The jail is equipped with internet and video service so that there can be arrangements and communication with the inmates by video which will lower transportation costs and decrease security concerns. Mrs. Meek noted that the City of Duncan could enter into both contract with Stephens County Commissioners and Jefferson County Commissioners. She noted that the contract with Jefferson County Commissioners would be used as a backup such as backup issues for future issues that may arise with the McGirt and Bosse ruling. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to approve entering into a contract for housing of City Inmates between the City of Duncan and the Jefferson County Commissioners. Upon roll call: AYE: Wininger, Fischer, Hayes, Smith, Armstrong NAY: None ITEM #14: 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-There were none. c) By the City Manager-There were none. ITEM #15: Adjournment A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Smith to adjourn the meeting. Upon roll call: AYE: Fischer, Smith, 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 25, 2021 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager, Kimberly Meek 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 May 11, 2021. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #2: Consider Pay Request No. 24 to Freese and Nichols in the total amount of $45,755.00 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 from the Clear Creek Lake Spillway. Mrs. Meek stated that this pay request is for Project Management and Construction services rendered through April 30, 2021. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve Pay Request No. 24 to Freese and Nichols in the total amount of $45,755.00 on the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #3: Consider Pay Request No. 6 to SEMA Construction in the total amount of $395,461.00 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 advised this pay request is for construction services rendered through April 25, 2021. 22.0% of this contract has been paid to date. Trustee Wininger asked if the project was still on the targeted deadline. Mrs. Meek advised that the project is still on the targeted deadline. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve Pay Request No. 6 to SEMA Construction in the total amount of $395,461.00 for Construction Services rendered in conjunction with the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong NAY: None ITEM #4: 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 #5: 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  REGULAR MEETING DUNCAN ECNONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MAY 25, 2021 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager, Kimberly Meek Vice-Chairman Nick Fischer Authority Attorney David Hammond Trustee Jennifer Smith Deputy Secretary, Christina Johnson Trustee Patty Wininger Trustee Lindsay Hayes PRESENTATION BY LYLE ROGGOW, PRESIDENT DUNCAN AREA ECONOMIC DEVELOPMENT FOUNDATION REGARDING AN UPDATE ON THE DUNCAN AREA ECONOMIC DEVELOPMENT FOUNDATION (DAEDF). Lyle Roggow, President Duncan Area Economic Development Foundation, addressed the Chairman and Trustees with a brief update regarding Duncan Area Economic Development Foundation (DAEDF). He outlined efforts that DAEDF has put forth during this quarter as well as future plans for progress in the Community. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of April 27, 2021. b) Budget Amendment 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 Duncan Area Economic Development Foundation request for withdrawal of sales tax dollars in the amount of $2,500,000.00 to be paid to Hope Equipment and Construction for construction services used for the expansion of PGM Processing. This item was presented by General Manager, Kimberly Meek, who advised that the Duncan Area Economic Development Foundation (DAEDF) Board members met on May 14, 2021 to consider bids for the PGM expansion project. The lowest bid received was from Hope Equipment and Construction which included $4,162,836 for construction, $281,000 for architectural design, and $416,283.60 for contingencies. DAEDF is asking to use sales tax dollars in the amount of $2.5 million to go towards work on conjunction with the project. Lyle Roggow, President Duncan Area Economic Development Foundation (DAEDF) addressed the Chairman and Trustees with a brief presentation in relation to the request to withdraw sales tax dollars into the amount of $2,500,000.00 to be paid to Hope Equipment and Construction for the expansion of PGM Processing. Mr. Roggow explained the process that Platinum Group Metal (PGM) would be using to remove metals from cakelike convertors. John Bachelor, PGM, briefly explained to the Chairman and Trustees the need for this type of industry in the area. He thanked the Chairman and Trustees for their cooperation in this request and invited them to visit the facility. Following a brief discussion, a motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve the Duncan Area Economic Development Foundation request for withdrawal of sales tax dollars in the amount of $2,500,000.00 to be paid to Hope Equipment and Construction for construction services used for the expansion of PGM Processing. Upon roll call: AYE: Fischer, Wininger, Hayes, Smith, Armstrong 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 Trustee Smith to adjourn the meeting. Upon roll call: AYE: Fischer, Smith, Hayes, Wininger, Armstrong NAY: None ______________________________________ Robert Armstrong, Chairman ___________________________________ Christina Johnson, Deputy Secretary