City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA OCTOBER 26, 2021 5:15 P.M. INVOCATION Pastor Billy Morgan, Freedom Biker 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 Patty Wininger Deputy City Clerk, Christina Johnson Councilwoman Lindsay Hayes Invitation to the Veteran’s Day Parade by Main Street Duncan There were no representatives from Main Street Duncan present at the meeting. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of October 12, 2021. b) List of Claims A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Hayes to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Hayes, Wininger, Armstrong NAY: None ITEM #2: Consider approving the purchase of a Terrain King Boom Mower and Tractor for various departments from Great Plains Duncan in the amount of $133,499.60 per State Contract SW196 Tractor and State Contract SW196 Cutter. This item was presented by City Manager, Kimberly Meek, who advised that this unit will be utilized by all Public Works and the Electric Department. Mrs. Meek noted that this unit has a twenty-two foot reach that will allow Staff to clear down into ditches, trees along the roadway and electrical lines. Councilwoman Wininger asked when this item would be delivered. Larry Jones, Parks/Cemetery and Facility Superintendent, advised that this unit is currently in stock in Duncan and if approved would be obtained by the end of the week. A motion was made by Councilwoman Hayes, seconded by Councilwoman Wininger to approve the purchase of a Terrain King Boom Mower and Tractor for various departments from Great Plains Duncan in the amount of $133,499.60 per State Contract SW196 Tractor and State Contract SW196 Cutter. Upon roll call: AYE: Hayes, Wininger, Fischer, Armstrong NAY: None ITEM #3: Consider approving the purchase of a Landoll 326C Trailer and 30’ CTS quarter frame Rockmaster Dump Trailer for the Street Department from Southwest Trailer in the amount of $122,400.00 per State Contract SW198. This item was presented by City Manager, Kimberly Meek, who advised that these units will not be delivered until next year; the units need to be ordered this year to lock in the State Contract price. Mrs. Meek noted that these units will be used for safely hauling heavy equipment for all departments and the dump trailer will be used with the 10 wheel trucks for hauling asphalt and rock. Councilwoman Wininger asked if this purchase of these units would cut down the trips to Lawton for asphalt. Buddy Hokit, Public Works Director, stated that this purchase of these units would reduce the trips to Lawton for asphalt. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve the purchase of a Landoll 326C Trailer and 30’ CTS quarter frame Rockmaster Dump Trailer for the Street Department from Southwest Trailer in the amount of $122,400.00 per State Contract SW198. Upon roll call; AYE: Fischer, Wininger, Hayes, Armstrong NAY; None ITEM #4: Consider approving Miller Construction & Sons Inc. Change Order No. 1 for the Outfall Line Replacement Project (Lake Humphreys) and authorize the Mayor to execute the Change Order. This item was presented by City Manager, Kimberly Meek, who advised that on September 22. 2020 Mayor and Council approved the Outfall Line Replacement Project (Lake Humphrey) Contract with Miller Construction. Mrs. Meek advised that Change Order No. 1 will overrun the contract by $21,600.00. Mrs. Meek noted that the USDA inspected the site prior to the construction as a result the USDA required additional work. Twelve (12) concrete bell anchors and additional dirt work were needed. The USDA approved a total budget of $63,600.00 for the project and has indicated that they will reimburse the City up to 75%. A motion was made by Councilwoman Wininger, seconded by Vice-Mayor Fischer to approve Miller Construction & Sons Inc. Change Order No. 1 for the Outfall Line Replacement Project (Lake Humphreys) and authorize the Mayor to execute the Change Order. Upon roll call: AYE: Wininger, Fischer, Hayes, Armstrong NAY: None ITEM #5: Consider approving Miller Construction & Sons Inc. Pay Request No. 1 (Final) in the amount of $53,899.60 for the Outfall Line Replacement Project (Lake Humphreys). This item was presented by City Manager, Kimberly Meek, who advised that on September 22. 2020 Mayor and Council approved the Outfall Line Replacement Project (Lake Humphrey) Contract with Miller Construction. Mrs. Meek advised that the original contract was $29,799.60. Change Order for additional work of $24,100.00. Mrs. Meek noted that the USDA inspected the site prior to the construction as a result the USDA required additional work. Twelve (12) concrete bell anchors and additional dirt work were needed. The USDA approved a total budget of $63,600.00 for the project and has indicated that they will reimburse the City up to 75%. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve approving Miller Construction & Sons Inc. Pay Request No. 1 (Final) in the amount of $53,899.60 for the Outfall Line Replacement Project (Lake Humphreys). Upon roll call: AYE: Fischer, Wininger, Hayes, Armstrong NAY: None ITEM #6: Consider an Ordinance for de-annexation of property located at 2901 W. Gatlin Road, Duncan Oklahoma. This item was presented by City Manager, Kimberly Meek, who advised that on October 19, 2021 the City of Duncan Plan Commission heard a request for de-annexation of property brought forth by Mr. Nathan Gatewood. In Mr. Gatewood’s application, it was indicated that his property does not receive city services (utilities). Mrs. Meek noted that the Planning Commission members noted that all of the existing homes in the area (to the south and to the west) are outside city limits and are not currently protected from egregious uses by a zoning ordinance (county does not have zoning regulations). Further, the remaining properties inside city limits would likely develop for non-residential uses in the future given the proximity of Gatlin Road and Boren Boulevard. Mrs. Meek advised that hearing no other comments, Planning Commission members made a motion to send a favorable recommendation to City Council to de-annex the property located at 2901 W Gatlin Road, Duncan, Oklahoma. This motion carried with a 7-0 vote. A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Wininger to approve an Ordinance for de-annexation of property located at 2901 W. Gatlin Road, Duncan Oklahoma. Upon roll call: AYE: Fischer, Wininger, Hayes, Armstrong 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 Fischer to declare an emergency in relation to the previous item. Upon roll call: AYE: Wininger, Fischer, Hayes, Armstrong NAY: None ITEM #7: 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- Councilwoman Wininger wished everyone a safe and Happy Halloween. c) By the City Manager City Manager, Kimberly Meek, invited everyone to the Veteran’s Day Parade Saturday, November 6th at 10:00am. ITEM #8: Adjournment A motion was made by Vice-Mayor Fischer, seconded by Councilwoman Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Armstrong NAY: None ______________________________________ Robert Armstrong, Mayor ___________________________________ Christina Johnson, Deputy City Clerk  REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA OCTOBER 26, 2021 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager Kimberly Meek Vice-Chairman Nick Fischer Authority Attorney David Hammond Trustee Patty Wininger Deputy Secretary, Christina Johnson Trustee Lindsay Hayes ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of October 12, 2021. A motion was made by Trustee Wininger, seconded by Vice-Chairman Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Wininger, Fischer, Hayes, Armstrong NAY: None ITEM #2: Consider SEMA Construction Pay Request No. 11 in the total amount of $758,622.50 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 September 25, 2021 with 50% of the contract paid to date. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve SEMA Construction Pay Request No. 11 in the total amount of $758,622.50 for construction services rendered in conjunction with the Clear Creek Lake Spillway Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Armstrong NAY: None ITEM #3: Consider Freese and Nichols Pay Request No. 29 in the total amount of $18,564.18 for services rendered in conjunction with the Clear Creek Lake Dam Spillway Replacement 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. Mrs. Meek noted that this pay request is for Project Management and Construction Services rendered through September 30, 2021. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve Pay Request No. 29 in the total amount of $18,564.18 for services rendered in conjunction with the Clear Creek Lake Dam Spillway Replacement Project. Upon roll call: AYE: Fischer, Wininger, Hayes, Armstrong NAY: None ITEM #4: Consider extending the completion date for the 2021 Tree Trimming and Removal Contract with Davey Tree Surgery Company until February 28, 2022. This item was presented by General Manager, Kimberly Meek, who advised that on September 28, 2021 the Utilities Authority awarded a bid to Davey Tree Surgery Company, for tree trimming and removal in the Duncan Power Electric System. The completion date of that contract was to be December 31, 2021. Davey Tree Surgery Company is unable to complete the contract on schedule due to Mutual Assistance work in California as explained in a formal letter (attached). The new requested extension date is February 28, 2022. Mrs. Meek noted that Staff requests the Authority extend the completion date until February 28, 2022 based on the need of Duncan Power for the additional tree trimming that could take place if the contract is extended. Vice-Chairman Fischer asked if the City had used Davey Tree Surgery Company before. Mrs. Meek noted that the City has used Davey Tree Surgery Company in the past. Trustee Wininger asked if Davey Tree Surgery Company would be back before the storm season. David Yeager, Electric Department Director, stated that Davey Tree Surgery Company would be back in November. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve extending the completion date for the 2021 Tree Trimming and Removal Contract with Davey Tree Surgery Company until February 28, 2022. Upon roll call: AYE: Fischer, Wininger, Hayes, 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 Vice-Chairman Fischer, seconded by Trustee Hayes to adjourn the meeting. Upon roll call: AYE: Fischer, Hayes, Wininger, Armstrong NAY: None ______________________________________ Robert Armstrong, Chairman ___________________________________ Christina Johnson, Deputy Secretary  REGULAR MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA OCTOBER 26, 2021 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager Kimberly Meek Vice-Chairman Nick Fischer Authority Attorney David Hammond Trustee Patty Wininger Deputy Secretary, Christina Johnson 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 as well as recent and future job fairs. Mr. Roggow stated that there was a need for two (2) new commercial buildings in the Duncan North Industrial Park that was being presented to the Chairman and Trustees for consideration. He explained the need for the 2 new buildings (as the other buildings were occupied) as well as the need for a shell building. He briefly explained the reasoning for the proposed location of the buildings and outlined the current negotiations of a purchase contract for the Schlumberger Building. Vice-Chairman Fischer stated his concerns with the buildings locations being outside the Duncan School District as it related to the collection of sales tax. Authority Attorney, David Hammond, stated he would look into the tax situation and see where the school boundaries were located. Chairman Armstrong thanked Mr. Roggow for the update. ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of September 28, 2021. A motion was made by Trustee Wininger, seconded by Vice-Chairman Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Wininger, Fischer, Hayes, Armstrong NAY: None ITEM #2: Consider approving the Duncan Area Economic Development Foundation request to commit sales tax dollars in the amount of $2,279,915.60 to be paid to WW Builders for services rendered in the construction of two commercial buildings in the Duncan North Industrial Park. This item was presented by General Manager, Kimberly Meek, who advised that the DAEDF Board members met on October 25, 2021 to consider bids for construction of two new commercial buildings in the Duncan North Industrial Park. The lowest bid received was from WW Builders for a total of $2,279,915.60 which included $2,196,520 for construction, $65,895.60 for architectural design, and $18,500 for civil engineering services. DAEDF is asking to use sales tax dollars in the amount of $2,279,915.60 to go towards work in conjunction with the project. A motion was made by Vice-Chairman Fischer, seconded by Trustee Wininger to approve the Duncan Area Economic Development Foundation request to commit sales tax dollars in the amount of $2,279,915.60 to be paid to WW Builders for services rendered in the construction of two commercial buildings in the Duncan North Industrial Park. Upon roll call: AYE: Fischer, Wininger, Hayes, 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 Vice-Chairman Fischer, seconded by Trustee Wininger to adjourn the meeting. Upon roll call: AYE: Fischer, Wininger, Hayes, Armstrong NAY: None ______________________________________ Robert Armstrong, Chairman ___________________________________ Christina Johnson, Deputy Secretary