City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA JANUARY 9, 2024 5:15 P.M. INVOCATION Pastor John Croy, Grace Baptist Church FLAG SALUTE Councilman Nick Fischer ROLL CALL Mayor Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Mayor Patty Wininger City Attorney David Hammond Councilman Nick Fischer Deputy City Clerk Christina Johnson Councilman Jimmy Peters Councilman Gene Brown ITEM# 1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of December 12, 2023. b) List of Claims A motion was made by Councilman Peters, seconded by Vice-Mayor Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Peters, Wininger, Brown, Fischer, Armstrong NAY:None ITEM#2: Consider approving a contract with Blackburn Concrete Construction for concrete street repairs as needed and authorize the Mayor to execute the Appointment of Agent and contract. This item was presented by Interim City Manager, Kenzie Wheeler, who advised that The Street Department solicited sealed bids for concrete street repairs as needed. Bids were opened on December 27, 2023 with only one bid received. With only one bidder the bid was compared to the most reason ODOT average item price for similar work and found the bid to be acceptable. Mrs. Wheeler advised that a copy of the bid is included in the council packet for the Mayor and Council's review. A motion was made by Councilman Fischer, seconded by Councilman Peters to approve a contract with Blackburn Concrete Construction for concrete street repairs as needed and authorize the Mayor to execute the Appointment of Agent and contract. Upon roll call: AYE: Peters, Fischer, Brown, Wininger, Armstrong NAY:None ITEM #3: 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- Vice-Mayor Wininger complimented the Cemetery Staff for maintaining the cemetery grounds and for the services they provide. c) By the City Manager-There were none. ITEM#4: Adjournment A motion was made by Councilman Fischer, seconded by Councilman Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY:None  REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA JANUARY 9, 2024 5:15 P.M. ROLL CALL Chairman Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Chairwoman Patty Wininger Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Gene Brown ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of December 12, 2023. b) Annual Consumer Price Index (CPI) increase of 3.1% for Lake Lot Leases effective January 2024. A motion was made by Trustee Brown, seconded by Trustee Peters, to approve the Consent Agenda as presented. Upon roll call: AYE: Brown, Peters, Fischer, Wininger, Armstrong NAY: None ITEM#2: Consider Horseshoe Construction Pay Request No. 4 in the total amount of $101,335.20 for services rendered in connection with the Sanitary Sewer Rehabilitation Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on March 23, 2021 Mayor and Council approved a contract with Horseshoe Construction to provide construction services for the Sanitary Sewer Rehabilitation Project. (Phase 1C) Mrs. Wheeler noted that this is the final pay request and includes release of retainage. A motion was made by Trustee Fischer, seconded by Vice-Chairwoman Wininger to approve Horseshoe Construction Pay Request No. 4 in the total amount of $101,335.20 for services rendered in connection with the Sanitary Sewer Rehabilitation Project. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY:None ITEM#3: Consider Ferguson Enterprises, LLC Pay Request No. 6 in the amount of $261,401.40 for services rendered in conjunction with the Advanced Metering Infrastructure Replacement Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on February 28, 2023, Mayor and Council approved a contract with Ferguson Enterprises, LLC for replacement of the existing water meters to serve the City of Duncan. Mrs. Wheeler advised that this pay request represents services through November 26, 2023. A motion was made by Trustee Peters, seconded by Trustee Brown to approve Ferguson Enterprises, LLC Pay Request No. 6 in the amount of $261,401.40 for services rendered in conjunction with the Advanced Metering Infrastructure Replacement Project. Upon roll call: AYE: Peters, Brown, Fischer, Wininger, Armstrong NAY: None ITEM#4: Consider Freese and Nichols, Inc. Pay Request No. 6 in the amount of $189,392.00 for services rendered in connection with the Advanced Metering Infrastructure Replacement Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on April 11, 2023, Mayor and Council approved a contract with Freese and Nichols, Inc for professional services in conjunction with the AMI installation Project. Mrs. Wheeler noted that this pay request represents services through November 30, 2023. Buddy Hokit, Public Works Director, noted that Pay Request No. 6 should be in the amount the amount of $20,106.29. He advised that the $189,392.00 is the total amount for the project. A motion was made by Trustee Brown, seconded by Trustee Peters to approve Freese and Nichols, Inc. Pay Request No. 6 in the amount of $20,106.29 for services rendered in connection with the Advanced Metering Infrastructure Replacement Project. Upon roll call: AYE: Brown, Peters, Fischer, Wininger, Armstrong NAY: None ITEM ;I'S: Consider Freese and Nichols, Inc. Pay Request No. 11 in the amount of $6,668.50 for services rendered in connection with the El Rancho Water Tower Replacement Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on December 13, 2022, Mayor and Council approved a contract with Freese and Nichols, Inc for professional services for the El Rancho Water Tower Replacement project. Mrs. Wheeler advised that this pay request represents services through November 30, 2023. A motion was made by Trustee Fischer, seconded by Vice-Chairwoman Wininger to approve Freese and Nichols, Inc. Pay Request No. 11 in the amount of $6,668.50 for services rendered in connection with the El Rancho Water Tower Replacement Project. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY:None ITEM#6: Consider Diversified Construction Pay Request No. 1 in the amount of $113,100.07 for services rendered in connection with the El Rancho Pump Station Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on July 25, 2023, Mayor and Council approved a contract with Diversified Construction to provide professional services for the El Rancho Pump Station Repair Project. Mrs. Wheeler advised that this pay request is for professional services rendered through December 31, 2023. A motion was made by Trustee Brown, seconded by Trustee Peters to approve Diversified Construction Pay Request No. 1 in the amount of $113,100.07 for services rendered in connection with the El Rancho Pump Station Project. Upon roll call: AYE: Brown, Peters, Fischer, Wininger, Armstrong NAY:None ITEM#?: Consider Freese and Nichols, Inc. Pay Request No. 18 in the amount of $24,184.57 for services rendered in connection with the Water Project FY 2022. This item was presented by Interim General Manager, 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 advised that this pay request is for professional services rendered through November 30, 2023. A motion was made by Trustee Fischer, seconded by Vice-Chairwoman Wininger to approve Freese and Nichols, Inc. Pay Request No. 18 in the amount of $24,184.57 for services rendered in connection with the Water Project FY 2022. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY: None ITEM#8: Consider D&M Tank LLC Pay Request No. 1 in the amount of $103,424.40 for services rendered in connection with the Clarifier Rehab Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on September 12, 2023, the Mayor and Council approved a contract with D&M Tank, LLC to provide professional services for the Clarifier Rehab Project. Mrs. Wheeler advised that this pay request is for professional services rendered through December 6, 2023. Vice-Chairwoman asked for an explanation of what the clarifier is. Buddy Hokit, Public Works Director, advised it was a big building that has a tank in it that clarifies the water. He explained that the tank is currently empty but will be filled back up after the repairs are complete. Vice-Chairwoman Wininger asked where the water to re-fill the tank would come from. Mr. Hokit advised the water to re-fill the tank would come from Lake Humphrey. A motion was made by Trustee Peters, seconded by Vice-Chairwoman Wininger to approve D&M Tank LLC Pay Request No. 1 in the amount of $103,424.40 for services rendered in connection with the Clarifier Rehab Project. Upon roll call: AYE: Peters, Wininger, Brown, Fischer, Armstrong NAY:None  •' ITEM#9: Consider D&M Tank LLC Pay Request No. 2 in the amount of $69,622.20 for services rendered in connection with the Clarifier Rehab Project. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that on September 12, 2023, the Mayor and Council approved a contract with D&M Tank, LLC to provide professional services for the Clarifier Rehab Project. Mrs. Wheeler noted that this pay request is for professional services rendered through January 2, 2024. A motion was made by Trustee Fischer, seconded by Vice-Chairwoman Wininger to approve D&M Tank LLC Pay Request No. 2 in the amount of $69,622.20 for services rendered in connection with the Clarifier Rehab Project. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY: None ITEM#10 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#11: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY:None  REGULAR MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA OCTOBER 24, 2023 5:15 P.M. ROLL CALL Chairman Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Chairwoman Patty Wininger Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Gene Brown ITEM#1: Consider approval of consent agenda. a) Minutes of September 26, 2023. A motion was made by Trustee Fischer, seconded by Vice-Chairwoman Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong 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 Trustee Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY: None  SPECIAL MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA NOVEMBER 14, 2023 5:15 P.M. ROLL CALL Chairman Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Chairwoman Patty Wininger Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Gene Brown ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Resolution cancelling the Regular Meeting of November 28, 2023. A motion was made by Trustee Brown, seconded by Vice-Chairwoman Wininger, to approve the Consent Agenda as presented. Upon roll call: AYE:Brown, Wininger, Fischer, Peters, Armstrong 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. b) By the Chairman and Trustees- Trustee Fisher asked for a quarterly update from the Duncan Area Economic Development Foundation. Authority Attorney, David Hammond, advised that he would check on a quarterly report. c) By the General Manager ITEM#3: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Wininger to adjourn the meeting. Upon roll call: AYE: Fischer, Wininger, Peters, Brown, Armstrong NAY:None  SPECIAL MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA DECEMBER 12, 2023 5:15 P.M. ROLL CALL Chairman Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Chairwoman Patty Wininger Authority Attorney Jeff Archer Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Gene Brown ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Resolution cancelling the Regular Meeting of December 26, 2023. A motion was made by Trustee Brown, seconded by Vice-Chairwoman Wininger, to approve the Consent Agenda as presented. Upon roll call: AYE: Brown, Wininger, Fischer, Peters, Armstrong NAY: None ITEM#2: Consider approving the request of the Duncan Area Economic Development Foundation to withdraw sales tax funding in the amount of $962.95 for Incentive No. 1 to Model 1 Commercial Vehicles, Inc. This item was presented by Interim General Manager, Kenzie Wheeler, who advised that this request represents the first payment to Model 1 Commercial Vehicles, Inc. for their incentive which was approved by the Trust Authority on July 25, 2023. The Model 1 Commercial Vehicles, Inc. incentive is based on the number of new hires starting August 1, 2023, paying for new jobs through July 31, 2026. Trustee Fischer asked if there were any representatives from the Duncan Area Economic Development Foundation (DAEDF) present at the meeting. Interim General Manager, Kenzie Wheeler, advised that there were no representatives present at the meeting. A motion was made by Trustee Peters, seconded by Trustee Brown to approve the request of the Duncan Area Economic Development Foundation to withdraw sales tax funding in the amount of $962.95 for Incentive No. 1 to Model 1 Commercial Vehicles, Inc. Upon roll call: AYE: Peters, Brown, Fischer, Wininger, 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- Trustee Brown thanked everyone who made the 2024 budget a success. He advised he has been involved in many budgets over the years and was very pleased with this budget. He stated he was comfortable and that this budget addressed the needs of the City as a whole. Vice-Chairwoman Wininger explained that the City runs on sales tax revenues noting that the City does not collect ad valorem taxes. She encouraged Citizens to shop locally to regenerate money into the Community. c) By the General Manager-There were none. ITEM#4: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY: None  SPECIAL MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA JANUARY 9, 2024 5:15 P.M. ROLL CALL Chairman Robert Armstrong Interim City Manager Kenzie Wheeler Vice-Chairwoman Patty Wininger Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Gene Brown ITEM#1: Consider adjourning into Executive Session to discuss confidential communications between the City Attorney, Chairman and Trustees, and the General Manager concerning a potential or cause of action involving the City of Duncan, OK and the Duncan Area Economic Development Foundations as authorized as an exception to the Open Meetings Act pursuant to 25 O.S. Sec. 307 8(4). A motion was made by Vice-Chairwoman Wininger, seconded by Trustee Brown to adjourn into Executive Session to discuss confidential communications between the City Attorney, Chairman and Trustees, and the General Manager concerning a potential or cause of action involving the City of Duncan, OK and the Duncan Area Economic Development Foundations as authorized as an exception to the Open Meetings Act pursuant to 25 O.S. Sec. 307 8(4). Upon roll call: AYE: Wininger, Brown, Fischer, Peters, Armstrong NAY: None ITEM#1A: Consider reconvening the Regular Meeting of the Duncan Economic Development Trust Authority. A motion was made by Vice-Chairwoman Wininger, seconded by by Trustee Brown to reconvene the Regular Meeting of the Duncan Economic Development Trust Authority. Upon roll call: AYE: Wininger, Brown, Fischer, Peters, Armstrong NAY: None ITEM#1B: Consider any action taken in relation to the Executive Session. There was no action taken in relation to the Executive Session. ITEM#2: OTHER COMMENTS: d) 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. e) By the Chairman and Trustees-There were none. f) By the General Manager-There were none. ITEM#3: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY: None