City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA FEBRUARY 11, 2025 5:15 P.M. INVOCATION Pastor Melvin Sanders FLAG SALUTE Councilman Nick Fischer ROLL CALL Mayor Robert Armstrong City Manager Chris Deal Vice-Mayor Gene Brown City Attorney David Hammond Councilman Nick Fischer Deputy City Clerk Christina Johnson Councilman Jimmy Peters Councilwoman Patty Wininger Proclamation designating and proclaiming February 2025 as "Black History and Heritage Month" in the City of Duncan, Oklahoma by Mayor Robert Armstrong. Mayor Robert Armstrong read aloud the proclamation proclaiming February 2025 as "Black History and Heritage Month" in the City of Duncan, Oklahoma. ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of January 28, 2025. b) List of Claims c) Budget Amendments (A25-01) (A25-02) (A25-03) d) Contract with Platinum Construction, LLC for concrete street repairs as needed. e) Payment to Apollo Hospitality Firm in the amount of $30,204.49 for the 2024 Tax Rebate for Fairfield Inn. f) Financial Advisor Engagement Letter with Crawford and Associates for the year ending December 31, 2025. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve the Consent agenda as presented. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstong NAY: None ITEM #2: Consider a pay request to ECS Southwest, LLP in the amount of $6,300.00 for professional services rendered in conjunction with the new fire station #4 located at US Highway 81 and Camelback. This item was presented by City Manager, Chris Deal, who advised that on May 14, 2024, Mayor and Council approved a bid with ADG Blatt for professional services & Miller-Tippens Construction for the design & construction of the new fire station located at 81 & Camelback. Mr. Deal noted that this pay request is for professional services rendered through January 29, 2025 for Subsurface Exploration and Geotechnical Engineering Services. A motion was made by Councilwoman Wininger, seconded by Councilman Peters to approve a pay request to ECS Southwest, LLP in the amount of $6,300.00 for professional services rendered in conjunction with the new fire station #4 located at US Highway 81 and Camelback. Upon roll call: AYE: Wininger, Peters, Brown, Fischer, Armstrong NAY:None ITEM#3: Consider amending the Rules and Regulations for the Duncan Municipal and Henderson Harris Cemeteries and adopting the same Rules and Regulations for Resthaven Cemetery to make all three (3) cemeteries bound by the same rules and regulations. This item was presented by City Manager, Chris Deal, who advised that when acquiring Resthaven Cemetery in October 2024, they did not have written rules and regulations in place. The cemetery rules and regulations are vital to the City owned cemeteries to ensure that we are able to govern all three cemeteries and have the ability to enforce the set rules and regulations for all three cemeteries. A motion was made by Councilman Peters, seconded by Councilwoman Wininger to approve amending the Rules and Regulations for the Duncan Municipal and Henderson Harris Cemeteries and adopting the same Rules and Regulations for Resthaven Cemetery to make all three (3) cemeteries bound by the same rules and regulations. Upon roll call: AYE; Peters, Wininger, Brown, Fischer, Armstrong NAY: None ITEM#4: Consider amending the Resolution relating to the fees for the City owned and operated cemeteries as per the proposed resolution to bring all three (3) cemeteries uniform in pricing. This item was presented by City Manager, Chris Deal, who advised that the primary revenues for the Duncan Municipal, Henderson Harris and Resthaven cemeteries come from property sales and service fees associated with interments and the setting of monuments in the three cemeteries. The last interment and property increase for Duncan Municipal and Henderson Harris was in 2020 and the monument setting fees have not had an increase in over 20 years; Since acquiring the Resthaven Cemetery in October of 2024, their fees were not uniform with Duncan Municipal and Henderson Harris Cemeteries. We feel that it is in the best interest of the City for all three (3) cemeteries pricing be uniform. Mr. Deal noted that with the cost of living/inflation increasing and the number of weekend services being scheduled, we feel that this rate adjustment is essential to accommodate and bring revenue to the City as well as make all three (3) cemeteries fee schedule uniform. Councilwoman Wininger commended the City of Duncan for the work at Resthaven Cemetery. She advised that people with loved ones there appreciate all the hard work put into the cemetery. Vice-Mayor Brown stated he agreed with Councilwoman Wininger. A motion was made by Vice-Mayor Brown, seconded by Councilman Fischer to approve a Resolution relating to the fees for the City owned and operated cemeteries as per the proposed resolution to bring all three (3) cemeteries uniform in pricing. Upon roll call: AYE: Brown, Fischer, Peters, Wininger, Armstrong NAY: None ITEM#S: Consider an Ordinance to Rezone the property located in the Northwest corner of the Elk Avenue and Highway 7 Connector (bypass) intersection from A-1 (Agriculture) to C-4 (Commercial). This item was presented by City Manager, Chris Deal, who advised that The Planning Commission heard a request to rezone the property located in the Northwest corner of the Elk Avenue and Highway 7 Connector (bypass) intersection on December 17, 2024, to rezone the subject property from A-1 (agriculture) to C-4 (commercial). The Department of Community Development shared that the City of Duncan Comprehensive Plan shows this intersection being developed for commercial, retail, office, and high-density residential. A copy of the official Future Land Use Map and supporting language from the Comprehensive Plan, adopted in 2011, is hereby attached. Staff provided a favorable recommendation to the planning commission based on the adopted Comprehensive Plan's Future Land Use Map and supporting language. Several citizens attended the Planning Commission meeting to share their concerns and objections to the request and noted the following concerns: • Rezoning the property to commercial will encourage higher crime rates and criminal activity; • Rezoning the property to commercial will lower property values in the area; • Concerns about commercial traffic occurring in the area; • Concerns about increased traffic in the area and safety at the bypass intersection; • The west side of the bypass should not be considered for future commercial development and economic growth; • Land and property in the area has recently been purchased for single-family home development Mr. Deal noted that hearing no other comments from citizens, the City Planning Commission sends an unfavorable recommendation for City Council's consideration of this rezoning request with a 4-0-1 (one abstained) vote. Pete Hogstead, applicant, addressed the Mayor and Council asking them to approve this request. He noted that they have not had a runoff survey done at this time, but would have one done if this application for rezoning was approved. He stated that they would be good stewards and would keep the area clean, provide surveillance. David Molina, addressed the Mayor and Council stating that he was in opposition to this request. He advised that ponds will be getting runoff water from this establishment, and this is all farmland had concerns about the security of the proposed facility. Terry Riggle, addressed the Mayor and Council in opposition to this request. He advised that he noted there is no city sewer or water in that area and this area is for raising animals. Tony Evans, addressed the Mayor and Council advising that he was in opposition to this rezoning request. He noted that he has 5 acres in the area for raising animals. He noted he moved to this location for a small farm. He advised that others are building houses in the same area for the same reasons of having animals and small farms. He advised that this would affect property values as well. Councilman Fischer asked that this time be tabled. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to table this item. Upon roll call: AYE: Fischer, Wininger, Brown NAY: Peters, Armstrong ITEM#5A: Consider declaring an emergency in response to the previous item. There was no action taken in relation to this item. ITEM#6: Consider an Ordinance to Rezone the property located in the northeast corner of the Elk Avenue and Highway 7 Connector (bypass) from agriculture to a mix of C-4 (Commercial), R-3 (Residential), and A-1 (Agriculture). This item was presented by City Manager, Chris Deal, who advised that the Planning Commission heard a request to rezone the described property located in the northeast corner of Elk Avenue and Highway 7 Connector (bypass) from agriculture to a mix of C-4, R- 3, and A-1 that would allow future development of commercial and high-density residential to occur. Mr. Deal advised that the Department of Community Development provided a favorable recommendation to the Planning Commission based on the adopted Comprehensive Plan (adopted 2011) which shows this intersection to be developed for office, retail, and high­ density housing. A copy of the Future Land Use Map and the language associated with this intersection from the plan have been attached for further review. Citizens attended the planning commission meeting and objected to the proposal based on several points of concern: • Increased vehicular and pedestrian traffic in the area will occur if developed; • Property values will decline in the area with commercial and high-density housing; • Crime rates will increase with commercial and high-density housing in the area; • Just do not want commercial nearby Mr. Deal noted that hearing no other comments from citizens and noting that several of the City Planning Commission members have an interest in nearby properties, no recommendation is being sent to the City Council for consideration. Cace Robertson, applicant, addressed the Mayor and Council advising that she was in favor of this rezoning. She advised that this allow for future development in this area. She noted that she would make sure all necessities were in place for surrounding landowners. Randy Wison addressed the Mayor and Council advising that he was a developer and was in favor of this rezoning. He noted that this would allow for future growth in Duncan. He advised that the City is growing, and that area is no longer in the country. He advised that this would allow for growth of the community and would allow for more growth opportunities for Duncan as the overpass is put in. He noted that schools and the hospital are located within ½ mile, and this area is not in the country anymore. Pete Hogstead addressed the Mayor and Council in opposition to this rezoning request. He advised that he has 120 acres and that his family has lived there since 1962 and uses this land for farmland and wants the area to remail farmland. Ken Murphree addressed the Mayor and Council in opposition to this rezoning request. He advised he has lived in the Chisholm Trail Addition for 35 years and does not want commercial property around his home. He advised if businesses are allowed along the bypass, it would take away from the Main Street area and it will start dying even more than it already has. He noted the overpass is being placed there to save lives. He and other property owners in the area do not want this area to be rezoned. David Williams addressed the Mayor and Council in opposition to this rezoning request. He advised that he moved to 3515 West Elk from Alaska. He advised that this type of rezoning would increase lights in the area, and he did not want this to be rezoned because he lives right next door to the property that is proposed to be rezoned. He asked that the Mayor and Council deny this request. Vice-Mayor Gene Brown advised that the Duncan City Council has a tough decision to make as they have to look at what is best for the City and the people who live in Duncan. He stated that everyone must work together for growth for the future of Duncan. Councilman Fischer asked that this item be tabled. A motion was made by Councilman Fischer, seconded by Councilman Peters to table this item. Upon roll call: AYE: Fischer, Peters, Brown Wininger NAY: Armstrong ITEM#GA: Consider declaring an emergency in response to the previous item. There was no action taken in relation to this item.  REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA FEBRUARY 11, 2025 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager Chris Deal Vice-Chairwoman Gene Brown Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Patty Wininger ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of January 28, 2025. b) Acknowledge the annual CPI increase for water and sewer rates. Ashley Meadows, 4747 Woodknoll, addressed the Chairman and Trustees in opposition to the CPI Increase. She stated that the Citizens are facing many rates being increased due to inflation. She asked if this could be increased every five (5) years rather than every year. She stated this puts a burden on the Community because they are not getting raises and everything is going up. Johnny Click, 4410 Cooperwood, addressed the Chairman and Trustees in opposition to the CPI Increase. He advised that he has lived in the desert where water is very scarce and that the utility rates in Duncan are higher than those in the desert. He advised that people have had trouble with their bills as he received a $1,900.00 bill. He advised he was against the rates being increased. Johnny Shahan, 1116 South 13th, addressed the Chairman and Trustees advising he was in opposition to the CPI increase. He advised that he did not live in Duncan, but does have a business in Duncan. He advised that raising rates is hard for those on a fixed income. He noted that people should not be paying for water that they cannot drink. He stated he was against rates being raised annually or every five (5) years. He advised that people will start moving out of Duncan if rates continue to increase. Trustee Peters asked for a brief explanation of what the CPI increase entails. David Hammond, City Attorney, advised that the CPI Increase is based on Ordinance that allows the City to raise the rates based upon national consumer price index average. He advised that all Cities raise their rates in the same manner. He advised that the City Council does not like to raise rates, but prices increase for water chemicals, etc. He noted that the City Council could change ordinances, but this would cause a hardship eventually. Chairman Armstong asked for an explanation to the Public as to how the CPI increase came about. Vice-Chairman Gene Brown explained that the CPI Increase is presented annually to reduce a significant increase to customers at one time. He advised this increase is an annual slight increase that allows for an offset in costs for chemicals and expenses that continue to go up. Chairman Armstong explained that supplies alone jumped in cost and the City must provide safe drinking water and to do so chemicals must be purchased. He advised that the City continues to replace water lines that are very expense and must meet state mandates from the Oklahoma Department of Environmental Quality (DEQ) that causes a financial burden to the City, therefore the CPI increase helps offset some of the cost associated with chemicals, lines, etc. Chairman Armstrong asked for Johnny Shahan to leave the meeting as he was speaking out of turn within the audience and causing a disruption. Chairman Armstrong advised that the Council Meetings will be conducted in a formal and non-disruptive manner. General Manager, Chris Deal, advised that some of the projects relating to water are in the millions of dollars and the CPI Increase helps offset some of those costs such as chemicals, supplies, waterlines, etc. He noted that costs associated with these projects continue to rise. Mr. Deal explained that guidelines must be met by the Oklahoma Department of Environmental Quality (DEQ) to provide safe water to the Citizens of Duncan therefore the City of Duncan has an annual CPI Increase to help offset costs associated with these projects. A motion was made by Trustee Fischer, seconded by Trustee Peters to approve the Consent Agenda as presented. Upon roll call: AYE: Peters, Brown, Wininger, Armstrong NAY: Fischer ITEM#2: Consider approving Pay Request No. 6 to Miller Construction in the amount of $122,597.03 for services rendered in conjunction with the Package 2 Waterline Replacement Project. This item was presen ted by General Manager, Chris Deal, who advised that On May 14, 2024, Mayor and Council app1oved a contract with Miller Construction for the Package 2 Waterline Replacement project. Mr. Deal advised that this pay request is for services through January 30, 2025 and represents 32% of the total contract. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Pay Request No. 6 to Miller Construction in the amount of $122,597.03 for services rendered in conjunction with the Package 2 Waterline Replacement Project. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY:None ITEM#3: Consider approving Downey Contracting Pay Request No. 7 in the total amount of $67,296.10 for services rendered in conjunction with the Chlorination/De-Chlorination Improvements Project. This item was presented by General Manager, Chris Deal, who advised that on May 14, 2024 Mayor and Council approved a contract with Downey Contracting to provide construction services for the Chlorination /De-Chlorination Improvements Project. Mr. Deal advised that this Pay Request is for services rendered through January 31, 2025 and represents 24% of the total contract. A motion was made by Vice-Chairman Brown, seconded by Trustee Fischer to approve Downey Contracting Pay Request No. 7 in the total amount of $67,296.10 for services rendered in conjunction with the Chlorination/De-Chlorination Improvements Project. Upon roll call: AYE: Brown, Fischer, Peters, Wininger, 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. Mike Kiester, 1226 Grand, addressed the Chairman and Trustees advising that he was a pilot and had a hanger lease at the Airport. Mr. Kiester noted his many different aviation entities with which he was involved. Mr. Kiester advised that he was a former Airport Commissioner and that there is a City driven conflict as well as FAA rules that needed to be addressed. He was in opposition to the rates at the airport being raised. Chairman Armstong advised Mr. Keister that his time was up as he was allowed three (3) minutes to address the Chairman and Trustees 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 Vice-Chairman Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY:None \\\\lll!Hte ❖,, 6LIC Robert Armstrong, �� Chairm <x>�:• ft!•!�•o, Christiaa �ohn�tjq .o-�:J. r, • .;; ,.,,.::o-.o ,···t .. l 'y ��-- ::: e:: .... ':;, �y•••••-1HoMP...••••• ;<'- � �.,.,,x ...,... .A.l\o .. '\..lo,,.._,, ,;lo. l';,""''"•�i\ \\\  REGULAR MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA JANUARY 28, 2025 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager Chris Deal Vice-Chairwoman Gene Brown Authority Attorney David Hammond Trustee Nick Fischer Deputy Secretary Christina Johnson Trustee Jimmy Peters Trustee Patty Wininger ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of October 22, 2024. b) Minutes of November 12, 2024 (Special Meeting) c) Minutes of December 10, 2024 (Special Meeting) A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve the Consent Agenda as presented. Upon roll call: AYE: Fischer, Wininger, Brown, Peters, Armstrong NAY:None ITEM#2: 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 Foundation as authorized as an exception to the Open Meetings Act Pursuant to 25 O.S. Sec. 307 B(4). A motion was made by Trustee Fischer, 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 Foundation as authorized as an exception to the Open Meetings Act Pursuant to 25 O.S. Sec. 307 B(4). Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY:None ITEM#2A: Consider reconvening the Regular Meeting of the Duncan Economic Development Trust Authority. A motion was made by Trustee Wininger, seconded by Trustee Fischer to reconvene the Regular Meeting of the Duncan Economic Development Trust Authority. Upon roll call: AYE: Wininger, Fischer, Brown, Peters, Armstrong NAY: None ITEM#2B: Consider any action taken in relation to the Executive Session. There was no action taken in relation to the Executive Session. 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 none. 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 Vice-Chairman Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY: None