City Council

REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA DECEMBER 13, 2022 5:15 P.M. ROLLCALL Chairman Robert Armstrong Personnel Director, Kenzie Wheeler Vice-Chairman Jimmy Peters Authority Attorney David Hammond Trustee Patty Wininger Deputy Secretary Christina Johnson Trustee Nick Fischer ABSENT Trustee Lindsay Hayes ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of November 8, 2022. b) Minutes of November 17,2022. (Special Meeting) c) Budget Amendments d) Resolution cancelling the regular meeting of December 27, 2022. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM #2: Consider approving Amendment No. 7 with Operations Management International, Inc. (OMI) for Wastewater Treatment Plant (WWTP) Operations and Maintenance and authorize the Chairman to execute the amendment. This item was presented by Personnel Director, Kenzie Wheeler, who advised that the operation and maintenance of our City owned Wastewater Treatment Plant has been contracted since 1995, the contact operator being OMI. On June 28, 2016 Duncan Public Utility Authority approved renewing the Agreement with OMI. Mrs. Wheeler noted that the base fee for the 2023 year shall be $836,373,16 and the Industrial Pre-Treatment shall be $93,332.85. The City presently budgets $40,000 a year for repairs at the Wastewater Treatment Plant which a proportionate amount is paid monthly. This Amendment would allow the City to pay for repairs as they occur in advance. A motion was made by Vice-Chairman Peters, seconded by Trustee Fischer to approve Amendment No. 7 with Operations Management International, Inc. (OMI) for Wastewater Treatment Plant (WWTP) Operations and Maintenance and authorize the Chairman to execute the amendment. Upon roll call: AYE: Peters, Fischer, Wininger, Armstrong NAY: None ITEM #3: ConSider Pay Request No. 5 to Freese and Nichols in the amount of $15,497.09 for services rendered in conjunction with the Water Project FY 2022. This item was presented by Personnel Director, Kenzie Wheeler, who advised that on June 14, 2022 Mayor and Council approved a contract with Freese and Nichols, Inc. to provide professional services for the FAP-22-2022-L Water Project FY 2022. Mrs. Wheeler noted that this pay request is for professional services rendered through October 31, 2022. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Pay Request No.5 to Freese and Nichols in the amount of $15,497.09 for services rendered in conjunction with the Water Project FY 2022. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM #4: ConSider approval of a Professional Services Agreement with Freese and Nichols, inc. for Professional Services for the EI Rancho Water Tower Replacement in the amount of $601,150.00. This item was presented by Personnel Director, Kenzie Wheeler, who advised that the EI Rancho Water Tower was inspected November 14, 2016, and the inspection recommended that when funds were available, the City should consider replacing the tower. Mrs. Wheeler noted that the City now has funding available for this project which will included SRF loan with Oklahoma Water Resourced Board (OWRB) approved by resolution November 9, 2021, and funds through the American Rescue Plan Act (ARPA). Mrs. Wheeler advised that the project would begin immediately with the design being completed May 25, 2023. Trustee Wininger asked if this was a turn-key amount. Buddy Hokit, Public Works Director, stated that this amount was for the construction phase of the water tower only. Trustee Wininger asked if this new water tower would mirror the water tower on Plato Road and if there was adequate land to constructthe water tower. Mr, Hokit advised he did not know if the new water tower would mirror the one on Plato Road until the study and plans are complete. He advised there is adequate land to construct the new water tower. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve a Professional Services Agreement with Freese and Nichols, inc. for Professional Services for the EI Rancho Water Tower Replacement in the amount of $601,150.00. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM #5: Consider awarding various 6-Month Materials and Supplies low bids for Water Distribution as indicated on the bid tabulation. This item was presented by Personnel Director, Kenzie Wheeler, who advised that bids were opened December 7, 2022. A copy of the bid tabulation is attached for your review. Mrs. Wheeler noted that Staff recommends award of all bids as indicated. Items will be purchased from the low bidder. However, where only one or two items (in a group or from one vendor) are low, the item(s) may be purchased from the low bidder of the majority of like items. This not only makes ordering more efficient, but the City should realize a savings in freight costs as well. A motion was made by Vice-Chairman Peters, seconded by Trustee Fischer to approve awarding various 6-Month Materials and Supplies low bids for Water Distribution as indicated on the bid tabulation. Upon roll call: AYE: Peters, Fischer, Wininger, Armstrong NAY: None ITEM #6: 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 #7: Adjournment A motion was made by Trustee Fischer, seconded by Vice-Chairman Peters to adjourn the meeting. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None Robert Armstrong an  REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA DECEMBER 13, 2022 5:15 P.M. INVOCATION Pastor David Shields, Tanglewood Bible Fellowship Church FLAG SALUTE Councilman Nick Fischer ROLLCALL Mayor Robert Armstrong Personnel Director, Kenzie Wheeler Vice-Mayor Jimmy Peters City Attorney David Hammond Councilwoman Patty Wininger Deputy City Clerk Christina Johnson Councilman Nick Fischer ABSENT Councilwoman Lindsay Hayes ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of November 8, 2022. b) Minutes of November 17, 2022. (Special Meeting) c) List of Claims d) Budget Amendments e) Agreement with Red River Technology Center for use of the Duncan Police Department Indoor Range. f) Resolution cancelling the regular meeting of December 27, 2022. g) Reject bids received for the Fuqua Park Restroom Improvement Project. h) Reject all bids received for the 28 th /29 th Street Waterline Project and rebid the project. i) Financial Advisor Engagement Letter with Crawford and Associates for the year ending December 31, 2023. j) Agreement between the City of Duncan, Oklahoma, and the Stephens County Historical Society (SCHS). k) Resolution vacating a portion of sewer line easements located in Section 7, Township 1 South, Range 7 West in Stephens County, Oklahoma and authorize the Mayor to execute the vacating document. I) Resolution authorizing the purchase and closing of a transaction to purchase real property located at 1271 South 13th Street, Duncan, Oklahoma. m) Resolution for the implementation of the Retention and Attraction Program using American Rescue Plan Act (ARPA) funds to not exceed the amount of a million dollars. A motion was made by Councilman Fischer, seconded by Councilman Peters to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ITEM #2: Consider authorizing participation with the United States Geological Survey in the continued operation of lake gauging stations at Lake Fuqua and Lake Humphreys at an annual cost of $10,000.00 This item was presented by Personnel Director, Kenzie Wheeler, who advised that Mayor and Council previously authorized the installation of lake gauging stations at Lake Fuqua and Lake Humphreys. The United States Geological Survey (USGS) installed the gauging stations and has operated them. Mrs. Wheeler noted that these have proven to be valuable for monitoring the lake levels at both lakes. Staff uses the web page to collect and report lake levels. This gauging station has improved accuracy and efficiency in collecting data. Mrs. Wheeler advised there is an attached copy of the proposal submitted by USGS, in the Council packet, for continued operation of the gauging stations. The total fee for FY 2023 would be $10,000.00 if approved. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to authorize participation with the United States Geological Survey in the continued operation of lake gauging stations at Lake Fuqua and Lake Humphrey's at an annual cost of $10,000.00. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM #3: Consider ratifying the action of the City Manager to repair Bridge #01-23T located on Camelback Road as an emergency at an estimated cost not to exceed $36,100.00 to Blackburn Concrete Construction Co. LLC This item was presented by Personnel Director, Kenzie Wheeler, who advised that on April 12, 2022 the City of Duncan retained the services of CEC Consulting Engineering to provide bridge inspections within the City Limits. As a result of the inspection on November 3, 2022 the City of Duncan was notified that Bridge #01-23T must be repaired or closed within the next ninety (90) days. Mrs. Wheeler noted that City Staff requested Blackburn Concrete to provide an estimate under their present contract with the City for concrete patching and replacement Account Number 15-02-530131, Drainage Repairs. Councilwoman Wininger asked about the progress of these repairs She asked when the repairs will be complete, and who would conduct the final inspection. Buddy Hokit, Public Works Director, stated that the repairs have been made and the final inspection would be conducted by CEC by the end of the week. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to ratify ratifying the action of the City Manager to repair Bridge #01-23T located on Camelback Road as an emergency at an estimated cost not to exceed $36,100.00 to Blackburn Concrete Construction Co. LLC. Upon roll call: AYE: Wininger, Fischer, Peters, Armstrong NAY: None ITEM #4: Consider approving a revised resolution and enter into a project agreement with the Oklahoma Department of Transportation (ODOT) for the continuation of the Heritage Trails Sidewalk System. This item was presented by Personnel Director, Kenzie Wheeler, who advised that the Oklahoma Department of Transportation (ODOT) has prepared a Project Agreement for the Heritage Trails Sidewalk Project. Pursuant to the contact, ODOT will construct pedestrian walkways through designated areas in accordance with City of Duncan sidewalk master plan. Mrs. Wheeler noted that the Heritage Trails Subcommittee will be responsible for matching funds, in designated areas for the express purpose of this project, the balance due ODOT on selected phases as shown on the resolution included in and ODOT project agreement. A motion was made by Councilman Fischer, seconded by Vice-Mayor Peters to approve a Resolution, and entering into a project agreement with the Oklahoma Department of Transportation (ODOT) for the continuation of the Heritage Trails Sidewalk System. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ITEM #5: Consider approving a revised resolution and enter into a project agreement with the Oklahoma Department of Transportation (ODOT) for the construction of selected phases of Heritage Trails Sidewalk System. This item was presented by Personnel Director, Kenzie Wheeler, who advised that the Oklahoma Department of Transportation (ODOT) has prepared a Project Agreement for the Heritage Trails Sidewalk Project. Pursuant to the contact, ODOT will construct pedestrian walkways through deSignated areas in accordance with City of Duncan sidewalk master plan. Mrs. Wheeler noted that the City of Duncan will be responsible for matching funds, in deSignated areas for the express purpose of this project, the balance due ODOT on selected phases as shown on the resolution included in and ODOT project agreement. A motion was made by Vice-Mayor Peters, seconded by Councilwoman Wininger to approve a revised resolution, and enter into a project agreement with the Oklahoma Department of Transportation (ODOT) for the construction of selected phase of the Heritage Trails Sidewalk System. AYE: Peters, Wininger, Fischer, Armstrong NAY: None ITEM #6: Consider affirming that a portion of the property owned by the City of Duncan, Oklahoma on ground that is generally described as "library property" is suitable for US Cellular to pursue working into a future lease agreement with the City of Duncan to build a future cellular tower. This item was presented by Personnel Director, Kenzie Wheeler, who advised that representatives from US Cellular have reached out to the City of Duncan about potentially placing a tower on property owned by the City of Duncan behind the Duncan Public Library. The proposed location for a future cellular tower is generally described as a "small triangle" of land that is located on the southwest side of the road where Library Land makes a bend. Mrs. Wheeler noted that the City of Duncan Land Development Review Committee met to discuss the proposal and believe that the proposed location, being a "small triangle" of land owned by the City of Duncan, is an adequate use of the land. The proposed location would not limit any future expansion of library buildings, improvements, or activities and should not impact on the ability of future commercial development within the area. Mrs. Wheeler stated that the recommendation of the Land Development Review Committee and the Duncan Public Library is to affirm this location is suitable for US Cellular to pursue preparing future agreements to be considered later by City Council during a regularly scheduled City Council Meeting. Councilwoman Wininger asked that this item be tabled for further research due to the location and concerns the neighbors have. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to table this item. Upon roll call: AYE: Wininger, Fischer, Peters, Armstrong NAY: None ITEM #7: Consider awarding bids for various Street Department Road Materials as indicated on the bid tabulation. This item was presented by Personnel Director, Kenzie Wheeler, who advised that Street Department materials and supplies bids are good for a 6-month period. Bids were opened on December 7, 2022. A copy of the bid tabulation is attached for your information and consideration. Low bids are highlighted. A motion was made by Councilman Fischer, seconded by Vice-Mayor Peters to approve awarding bids for various Street Department Road Materials as indicated on the bid tabulation. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ITEM #8: Consider for approval amending and enacting certain Animal Control Ordinances for the City of Duncan. This item was presented by Personnel Director, Kenzie Wheeler, who advised that the City of Duncan has in place certain Ordinances regarding Animal Control Regulations, which were last amended in the 1980's. The existing Ordinances requires amendments to reflect changes in veterinary practices and in State Law, as well as provide the City with cost savings to Animal Control. Councilwoman Wininger asked about the pre-payment for a vaccine. Lisa Adkins, Animal Control, stated that the animal must have a vaccine and the veterinarian does not come there to administer the vaccine therefore a pre-payment is allowed. She stated this has been the practice for many years and this change in the ordinance will make the pre-payment official. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve amending, and enacting certain Animal Control Ordinances for the City of Duncan. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM#8A: 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, Peters, Armstrong NAY: None ITEM #9: Consider a Public Hearing for the 2023 Budget for the City of Duncan. A Public Hearing was held for the 2023 Budget for the City of Duncan. Finance Director, Rebecca Contreras, presented the Mayor and Council with a copy of the 2023 Budget. Bill House, 1105 Washington Ave, addressed the Mayor and Council asking if his road was being considered for repair work in the new budget. He stated that water lines under the street have been repaired but the street needs to be repaired as well. Mayor Armstrong explained that many streets have sewer lines or water lines under them that make repairing the roads a challenge. Mayor Armstrong advised that there are many factors that go into preparing a budget. He noted that not only do budget laws have to be followed, but the bidding processes requires laws that must be fOllowed that take time. Buddy Hokit, Public Works Director, stated that Washington Ave. is a street that is being looked at in 2023 as part of the Oklahoma Water Resources Board (OWRB) as well as replacing the sewer line. No action was taken on behalf of the Mayor or Council. ITEM #10: Consider approving a resolution adopting the City of Duncan's Budget for Calendar Year 2023. A motion was made by Councilman Fischer seconded by Councilwoman Wininger to approve a Resolution adopting the City of Duncan's Budget for Calendar Year 2023. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY: None ITEM #11: 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 thanked the City Staff for their involvement in various community events for the Citizens of Duncan to enjoy. c) By the City Manager-There were none. ITEM #12: Adjournment A motion was made by Councilman Fischer, seconded by Vice-Mayor Peters to adjourn the meeting. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None