City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 8, 2025 5:15 P.M. INVOCATION Reverend Mark Jardine, Pastor First United Methodist Church FLAG SALUTE Councilman Nick Fischer ROLL CALL Mayor Robert Armstrong City Manager Chris Deal Councilman Nick Fischer City Attorney David Hammond Councilman Jimmy Peters Deputy City Clerk Christina Johnson Councilwoman Patty Wininger ABSENT Vice-Mayor Gene Brown Proclamation by Mayor Robert Armstrong designating and proclaiming April 2025 as "Child Abuse Prevention Month". Mayor Robert Armstong read aloud the proclamation designating and proclaiming April 2025 as "Child Abuse Prevention Month". Proclamation by Mayor Robert Armstrong designating and proclaiming April 2025 as "Sexual Assault Awareness Month". Mayor Robert Armstong read aloud the proclamation designating and proclaiming April 2025 as "Sexual Assault Awareness Month". Presentation of Employee Service Pins. (This presentation of Employee Service Pins will be placed on the April 22, 2025 meeting) ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of March 25, 2025. b) List of Claims c) Contract with Blackburn Concrete Construction for concrete street repairs as needed. d) Deferral Extension Agreement with First Bank & Trust Co. Note No. 35243 with a maturity date of April 28, 2026 and authorize the Mayor to execute the agreement. e) Agreement between the City of Duncan and the Simmons Center for operations of the municipal swimming pool for the 2025 pool season running from May 24, 2025 to August 10, 2025 and authorize the Mayor to execute the Agreement. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve the Consent agenda as presented. Upon roll call: AYE: Fischer, Wininger, Peters, Armstong NAY: None ITEM #2: Consider awarding the Base Bid for the Maintenance Hangar Roof Replacement and Alternate Bid No. 2 for Coating the T-Hangar Building Roof to Heritage Hills Commercial Roofing in the amount of $175,000.00. This item was presented by City Manager, Chris Deal, who advised that on April 2, 2025, City Staff received and opened sealed bids for the Maintenance Hangar Roof Replacement Project. Mr. Deal noted that a bid tabulation was included in the council' packet for Mayor and Council to review. A motion was made by Councilwoman Wininger, seconded by Councilman Fischer to award the Base Bid for the Maintenance Hangar Roof Replacement and Alternate Bid No. 2 for Coating the T-Hangar Building Roof to Heritage Hills Commercial Roofing in the amount of $175,000.00. Upon roll call: AYE: Wininger, Fischer, Peters, Armstrong NAY None ITEM#3: Consider approving the purchase of a 2025 Silverado 3500 for. the Lakes Department from Carter Chevrolet in the amount of $61,284.00 per Sourcewell Cooperative Governmental Contract SW0035. This item was presented by City Manager, Chris Deal, who advised that the FY 2025 Budget includes funds to purchase a 2025 Silverado 3500 Regular Cab with a dump bed. This equipment will be used at the City of Duncan lakes for routine maintenance and projects. Councilwoman Wininger asked when this truck would be delivered. Larry Jones, Assistant Public Works Director, addressed the Mayor who advised that if approved, the truck would be ordered the following day with an expected delivery of 5-6 months. A motion was made by Councilman Fischer, seconded by Councilman Peters to approve the purchase of a 2025 Silverado 3500 for the Lakes Department from Carter Chevrolet in the amount of $61,284.00 per Sourcewell Cooperative Governmental Contract SW0035. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ITEM#4: Consider approving the purchase of a 2024 Bucket Truck with aerial device for the Electric Department from Altec on the Sourcewell Contract in the amount of $251,000.00. This item was presented by City Manager, Chris Deal, who advised that there is 55' bucket truck in the 2025 CIP Budget for the Electric Department. The budgeted truck is a replacement for an existing vehicle in our fleet. The aerial device will have an insulated boom with a working height of 55-feet with a platform elevator and an A-frame stability system (out-riggers). The bucket truck is a AH100 demonstrator from Altec's fleet on a 2024 model year Kenworth cab and chassis with 1,330 miles, 104 engine hours. There is $325,000 in the 2025 Budget for this unit. Councilwoman Wininger asked when this bucket truck would be delivered. David Yeager, Electric Department Director, advised that the truck is currently on location and that the Electric Department has been demoing the truck for 2 weeks. A motion was made by Councilman Peters, seconded by Councilwoman Wininger to approve the purchase of a 2024 Bucket Truck with aerial device for the Electric Department from Altec on the Sourcewell Contract in the amount of $251,000.00. Upon roll call: A YE: Peters, Wininger, Fischer, Armstrong NAY: None ITEM#5: Consider approving the purchase of a 2023 Bucket Truck with aerial device for the Electric Department from Versalift on the Sourcewell Contract in the amount of $218,646.00. This item was presented by City Manager, Chris Deal, who advised that there is 55' bucket truck in the 2025 CIP Budget for the Electric Department. The budgeted truck is a replacement for an existing vehicle in our fleet. The aerial device will have an insulated boom with a working height of 55-feet and a 4 stability system (out-riggers). The bucket truck is a VST-55-HDI demonstrator from Versalift's fleet on a 2023 model year Ford F550 cab_and 4X2 chassis with 1,317 miles, 36 engine hours. There is $165,000.00 in the 2025 Budget for this unit. The difference needed to make this purchase will come from the unspent balance of the 2 ½ ton truck purchase. Councilwoman Wininger asked when the new bucket truck would be delivered. Daivd Yeager, Electric Department Director, advised that the truck is currently on location and that the Electric Department has been demoing the truck for 1 month. Councilwoman Wininger asked if the Electric Department was pleased with the bucket truck and if it was tall enough. Mr. Yeager advised that the Electric Department is pleased with the bucket truck and it is tall enough. A motion was made by Councilman Fischer, seconded by Councilwoman Wininger to approve the purchase of a 2023 Bucket Truck with aerial device for the Electric Department from Versalift on the Sourcewell Contract in the amount of $218,646.00. Upon roll call: AYE: Fischer, Wininger, Peters, Armstrong NAY None ITEM#G: Consider approving an Ordinance to repeal Part 5, Chapter 16 of the City of Duncan City Code that deals with special permitting requirements for new construction, conversion of existing spaces, and expansion of hospital and ambulatory surgical care centers/facilities. This item was presented by City Manager, Chris Deal, who advised that the Department of Community Development recently found language within the City Code which requires a special permitting process and review for hospitals and ambulatory surgical care facilities that states: • No new hospital shall be developed, either through construction or conversion of existing space, or an existing hospital expanded, in the City of Duncan, Oklahoma, unless a permit therefore has been issued by the city clerk; and • No new ambulatory surgical care facility shall be developed, either through construction, expansion, or conversion of existing space, or an existing surgical  care facility expanded, in the City of Duncan, Oklahoma unless a permit therefore has been issued by the city clerk. Mr. Deal noted that in each instance of hospital and ambulatory surgical care centers/facilities, additional requirements are to be provided that include, but not limited to, additional fees for review; a feasibility study conducted and submitted for staff/council review by a recognized healthcare industry consulting firm; and special publications and meetings to discuss the proposed new construction, conversion of existing spaces, or expansion of an existing hospital or ambulatory surgical care center/facility. Mr. Deal advised that based on permitting records maintained by the Department of Community Development and Code Enforcement, the requirements of Part 5, Chapter 16 have not been applied to past projects dating back for the last 15 years and no record that the process has been performed since the code was included within the City of Duncan's Code and Ordinances. Mr. Deal noted that to help keep permitting fees and construction costs down and noting there are no maintained records showing this process has been formally implemented with other expansions and conversions, the Department of Community recommends consideration to remove this language from the city code. Jay Johnson, President and CEO Duncan Regional Hospital, addressed the Mayor and Council in opposition to this ordinance repeal. He advised that Duncan Regional Hospital is a non-profit hospital that provides many services to the Community such as write offs and charity care. Mr. Johnson advised that outpatient surgery centers do not do this. Duncan Regional Hospital is a non-profit hospital where funds can be put back into the community. Mr. Johnson explained that if a surgical facility were to be formed in Duncan that many services that Duncan Regional Hospital provides are at risk. Mr. Johnson asked that this item be tabled and not repealed. Councilwoman Wininger asked if the hospital were to do expansion if they would comply with the permitting process. Mr. Johnson advised that the hospital would comply with the permitting process. Stacy Elfrink, M.D. OB/GYN, addressed the Mayor and Council in opposition to this ordinance repeal. She advised that she as well as her family have been long time residents of this community. She advised that Duncan Regional Hospital cares for the community and this code protects the hospital as they are non-profit. She advised that this code makes health care affordable to citizens. She advised that if a surgical center were to come to Duncan that Duncan Regional hospital would lose as well as its Citizens. She noted that Duncan Regional Hospital provides many jobs. She stated that if this is allowed many good physicians will leave and people's lives would be put at risk. She asked that the City Council keep the current code in place and work together to come to a solution. Christopher Herndon, M.D., addressed the Mayor and Council in opposition to this ordinance repeal. Doctor Herndon advised that he has been practicing medicine in Duncan for 45 years. Doctor Herndon advised that the physicians in Duncan work well together and when this ordinance came forth in 2002 it was discussed and approved. Doctor Herndon advised that the physicians in the community do not want to see this ordinance repealed. Adam Savage, Ardmore Physician, addressed the Mayor and Council in favor of this ordinance repeal. He stated that he is contracted with Duncan Regional Hospital. He advised that he was looking into putting a chronic pain facility in Duncan. He advised that many individuals are having to travel from Duncan to seek treatment. He also noted that Duncan Regional Hospital does not take many specific insurance plans. Mr. Savage stated that Duncan Regional Hospital is an excellent facility but in today's day and age other options are beneficial. He asked that the City Council do what is best for the Community. Pastor James McDowell, Sovereign Grace Baptist Church addressed the Mayor and Council in favor of this ordinance repeal. He advised that there is nothing wrong·with competition. He advised that before m.oving to the United States, health care was controlled by the Government and that is not a good situation. Councilman Peters stated that he has a lot of respect for Duncan Regional Hospital. He advised that if he were on the City Council when this ordinance was presented that he would not have voted to approve it. He advised that people should not have to jump through hoops to get into a business and did not think this repeal would affect Duncan Regional Hospital's business. A motion was made by Councilman Fischer, seconded by Councilman Peters to approve an Ordinance to repeal Part 5, Chapter 16 of the City of Duncan City Code that deals with special permitting requirements for new construction, conversion of existing spaces, and expansion of hospital and ambulatory surgical care centers/facilities. Upon roll call: A YE: Fischer, Peters, Armstrong NAY: Wininger ITEM#6A: Consider declaring an emergency in relation to the previous item. A motion was made by Councilman Peters, seconded by Councilman Fischer to declare an emergency in relation to the previous item. Upon roll call: A YE: Peters, Fischer, Armstrong NAY: Wininger ITEM#7: Consider approving an Ordinance of the City of Duncan, Oklahoma revising, amending, restating, codifying and compiling certain existing general Ordinances of the political subdivision dealing with subjects embraced in such Code of Ordinances. This item was presented by City Manager, Chris Deal, who advised that Municipalities are required to codify their ordinances every ten (10) years to remain in compliance with State Law. The purpose of recodification is to include all ordinances passed since the previous codification into the Duncan City Code in one workable document. Mr. Deal noted that the City Ordinances are further aligned with State Law to ensure compliance with any new legislation the state enacts. The City of Duncan has contracted with American Legal Publishing, Inc. to prepare the 2025 supplement to the City's Code of Ordinances, which includes all ordinances adopted by the City to date of publication. Mr. Deal advised that the City is required to notify the public of the recodification and must also file a copy of the new City Code with the County Clerk and the City Clerk. A motion was made by Councilman Peters, seconded by Councilwoman Wininger to approve an Ordinance of the City of Duncan, Oklahoma revising, amending, restating, codifying, and compiling certain existing general Ordinances of the political subdivision dealing with subjects embraced i.n such Code of Ordinances. Upon roll call: AYE: Peters, Wininger, Fischer, Armstrong NAY: None ITEM #7A: Consider declaring an emergency in relation to the previous item. A motion was made by Councilwoman Wininger, seconded by Councilman Peters to declare an emergency in relation to the previous item. Upon roll call: AYE: Wininger, Peters, Fischer, Armstrong NAY: None ITEM #8: 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. Allyson Greenroyd, 1217 West Elder, addressed the Mayor and Council. She stated that she had been in contact with Nick Dodson with the State of Oklahoma Auditors Office. She noted that the 3.5 % sales tax is correct, but Section 7-201 of the City of Duncan City Code needs to be clarified. She noted her intent to form a Citizens Petition is forthcoming to request sales tax use, DAEDF Funding documents, utility bill, etc. She stated this petition is to force transparency. Mayor Armstrong advised Ms. Greenroyd that her three (3) minute time limit to address the Mayor and Council was up. Reavis Hammond, 1528 P'earl, addressed the ,Mayor and Council thanking them for their excellent job as they serve .on this board for free. Johnny Shahan, 13th & Park, addressed the Mayor and Council. Mr. Shahan began using foul language. Mayor Armstrong asked Mr. Shahan to be removed from the meeting due to causing a disruption of the meeting. Mayor Armstong asked City Manager, Chris Deal, to outline the audit and sales tax. City Manager, Chris Deal, advised that the City of Duncan's audits are available on the State of Oklahoma Auditors website as well as the City of Duncan's website. He advised that the sales tax documents are available on the Oklahoma Tax Commissions website. Mr. Deal explained that sales tax funding comes through the State of Oklahoma Tax Commission. a) By the Council-There were none. b) By the City Manager-There were none. ITEM#9: Adjournment A motion was made by Councilman Fischer, seconded by Councilman Peters to adjourn the meeting. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ,,,,,,,~, \ ~111_111,,, ~;'.::t - o - f' I :s = Jerk ·:;.-;3"- V ::::i::,. ~ \ ~ ·-•.. ·-..Jg '-.J-~.••·/ ~ff '/,1 l///11 ••••••••• •• _o....... \\,~ ~ I//// II 1111\\\ \\\\\  REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA APRIL 8, 2025 5:15 P.M. ROLL CALL Chairman Robert Armstrong General Manager Chris Deal Trustee Nick Fischer Authority Attorney David Hammond Trustee Jimmy Peters Deputy Secretary Christina Johnson Trustee Patty Wininger ABSENT Vice-Chairman Gene Brown ITEM#1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of March 25, 2025. A motion was made by Trustee Wininger, seconded by Trustee Fischer to approve the Consent Agenda as presented. Upon roll call: AYE: Wininger, Fischer, Peters, Armstrong NAY: None ITEM#2: Consider approving Pay Request No. 7 to C-P Integrated Services, Inc. in the total amount of $59,479.50 on the Clear Creek Lake Dam Embankment Rehabilitation. This item was presented by General Manager, Chris Deal, who advised that on May 28, 2024, Mayor and Council approved a contract with C-P Integrated Services, Inc. to provide construction services for the Clear Creek Lake Dam Embankment Rehabilitation project. Mr. Deal advised that this pay request is for professional services rendered through January 31, 2025. Trustee Peters advised that he recently visited Clear Creek Lake and the dam looks good and clean. He asked what percentage of completion was done with the dam. Buddy Hokit, Public Works Director, advised that the project is 94% complete. He advised there is retainage with a 1-year maintenance bond and warranty. A motion was made by Trustee Peters, seconded by Trustee Wininger to approve Pay Request No. 7 to C-P Integrated Services, Inc. in the total amount of $59,479.50 on the Clear Creek Lake Dam Embankment Rehabilitation. Upon roll call: AYE: Peters, Wininger, Fischer, Armstrong NAY: None ITEM#3: Consider approving Pay Request No. 8 to Miller Construction in the amount of $297,070.87 for services rendered in conjunction with the Package 2 Waterline Replacement Project. This item was presented by General Manager, Chris Deal, who advised that on May 14, 2024, Mayor and Council approved a contract with Miller Construction for the Package 2 Waterline Replacement project. Mr. Deal noted that this pay request is for services through March 24, 2025, and represents 41% of the total contract. A motion was made by Trustee Fischer, seconded by Trustee Peters to approve Pay Request No. 8 to Miller Construction in the amount of $297,070.87 for services rendered in conjunction with the Package 2 Waterline Replacement Project. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: None ITEM#4: Consider approving Pay Request No. 25 to Freese and Nichols, Inc. in the amount of $4,621.55 for services rendered in conjunction with the El Rancho Water Tower Replacement Project. This item was presented by General Manager, Chris Deal, 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. Mr. Deal advised that this pay request represents services through February 28, 2025 and represents 65% of the total contract. A motion was made by Trustee Peters, seconded by Trustee Wininger, to approve Pay Request No. 25 to Freese and Nichols, Inc. in the amount of $4,621.55 for services rendered in conjunction with the El Rancho Water Tower Replacement Project. Upon roll call: A YE: Peters, Wininger, Fischer, Armstrong NAY: None ITEM#5: Consider approving Pay Request No. 33 to Freese and Nichols, Inc. in the amount of $52,704.87 for services rendered in conjunction with the Water Project FY 2022. This item was presented by General Manager, Chris Deal, 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. Mr. Deal advised that this pay request is for professional services rendered through February 28, 2025 and represents 73%. A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Pay Request No. 33 to Freese and Nichols, Inc. in the amount of $52,704.87 for services rendered in conjunction with the Water Project FY 2022. Upon roll call: AYE; Fischer, Wininger, Peters, 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. Brenda Griffin, 1108 West Mulberry, addressed the Chairman and Trustees. She stated she moved to Duncan from Texas and loves Duncan. She advised that the parks look amazing and Duncan is a very welcoming town and she has not experienced racism issues in Duncan. Ms. Griffin stated that everyone who addresses the Mayor and Council should have the same amount of time to speak and did not feel Ms. Greenroyd was allowed the same amount of time as others to speak. Trustee Wininger welcomed Ms. Griffin to Duncan. Darrell Ashford, .510 North 1st, addressed the Chairman and Trustees. He noted that he addressed the Mayor and Council approximately 1 year ago regarding feces and needles down the road. He advised that he had to conduct his own cleanup of th is location. Mr. Ashford agreed that everyone should have the same amount of time to address the Mayor and Council. He noted that it was disrespectful to make smug remarks after Ms. Greenroyd spoke. Mr. Ashford stated that if Citizens need something cleaned up, not to address the Mayor and Council because they will have to clean it up themselves. b) By the Chairman and Trustees-There were none. c) By the General Manager-There were none. ITEM#?: Adjournment A motion was made by Trustee Fischer, seconded by Trustee Peters to adjourn the meeting. Upon roll call: AYE: Fischer, Peters, Wininger, Armstrong NAY: Peters_:_ 1,a U oQotr,- ••1..I C u;:·,·-,·. ••• '""'C.•··· / / :.,. >)F F!c,•••• '/'' ~ "'~"' <, ~,. .\ rn::,. '.A!'! . • • .,,... -~ .,,,.,\ ~? • rr'\ ..:. Christina:foh .,,.> ·- nso . n, TipUt""--~cretary 2....-:;"' 0, ~ ,:. ... .•' ..., .., ,..., '~ • - ·_ ~' y ~ #,_,,:<;, ····- •.... :.... ~ ..,,o'<-'..-.,~ $ , . , \ ;;> , .. ~.,.,.. t ' .i- ,.,. •·:' c,; • . , . 'd~:~\ t. .. ,,. , ....  REGULAR MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA MARCH 25, 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 February 25, 2025. A motion was made by Trustee Peters, seconded by Vice-Chairman Brown to approve the Consent Agenda as presented. Upon roll call : AYE: Peters, Brown, Fischer, Wininger, 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 Vice-Chairman Brown to adjourn the meeting. Upon roll call: AYE: Fischer, Brown, Peters, Wininger, Armstrong NAY: None