Loading...
HomeMy WebLinkAbout1996.08.20_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 20, 1996 The Owasso City Council met in regular session on Tuesday, August 20, 1996 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, August 16, 1996. ITEM 1: CALL TO ORDER Mayor Ewing called the meeting to order at 7:03 p. m. ITEM 2: INVOCATION The invocation was given by Rev Linzy Slayden, Pastor of Friendship Baptist Church. ITEM 3: FLAG SALUTE The Flag Salute was led by Vice Mayor Ramey. ITEM 4: ROLL CALL PRESENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor Michael Helm, Councilor Tracy Standridge, Councilor ABSENT STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ITEM 5: REQUEST APPROVAL OF THE MINUTES OF AUGUST 6, 1996 REGULAR MEETING AND AUGUST 15, 1996 SPECIAL MEETING. Mr Ramey moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0. Owasso City Council August 20, 1996 ITEM 6: REQUEST APPROVAL OF THE CLAIMS Mr Helm moved, seconded by Ms Barnhouse, that the following claims be approved as submitted: (1) General Fund $16,104.25; (2) Workers Comp Self-Ins $1,630.64; (3) Ambulance Service Fund $2,903.74; (4) City Garage $2,958.59; (5) Capital Projects Grant $17.50; (6) Payroll $114,828.79; (7) City Garage Payroll $2,037.36. AYE: Helm, Barnhouse, Standridge, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE LEASE/PURCHASE OF A COPY MACHINE FOR THE POLICE DEPARTMENT. Chief Alexander said that the Owasso Police Department purchased a new copy machine in July 1991 utilizing athree-year lease purchase agreement. The copy use of that machine averages 10,000 copies per month. There have been many breakdowns over the last few months and the quality of the copies has deteriorated. Funds were place in the FY 96-97 budget to replace the copy machine. Several different copy machines have been placed at the Police Department for trial use for the past several months. Specifications were developed and mailed to five vendors and bids were opened on July 31st. The lowest bid received was from Western Business Products on a three-year lease purchase agreement. At the end of the three-year period, the copy machine will be owned outright without the necessity of a buy-out clause. Mayor Ewing moved, seconded by Mr Ramey, to approve a lease purchase agreement with Western Business Products for the acquisition of a Toshiba 4550 copy machine at a total monthly cost of $202 and a monthly maintenance agreement cost of $130; and authorization for payment. AYE: Ewing, Ramey, Standridge, Barnhouse, Helm NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE STREETS WATER SANITARY SEWER AND STORM SEWER SYSTEMS CONSTRUCTED TO SERVE BARRINGTON POINT PHASE III SUBDIVISION. Barrington Point III contains approximately 480 feet of water line, 1200 feet of sanitary sewer line, 920 feet of storm drains, and 1300 feet of streets. A final inspection of the utilities was conducted on June 25, 1996 and a punch list developed. All items on the punch list have now been completed and all permits have been obtained.. The required maintenance bonds have also 2 Owasso City Council been provided by the developer and will ~ Mr Standridge moved, seconded by Mr Ramey, sewer, storm sewer, and street systems. August 20, 1996 effective upon acceptance of the utilities. to accept the Barrington Point II water, sanitary AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR THE ERECTION OF EQUIPMENT STORAGE BUILDINGS BETWEEN THE CITY OF OWASSO AND LANDCO CONSTRUCTION CO AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RRTAINAGE TO THE CONTRACTOR. On April 16, 1996 a contract was awarded to Landco Construction Co Inc for the construction of two separate equipment storage buildings and roof repairs on the existing street maintenance building. The contract was in the amount of $80,255.34. One storage building is located at the Sports Park for use by the Parks Department and the other is adjacent to the existing street maintenance building. All construction and repairs have been completed and final inspections conducted. A punch list was provided to the contractor, and all punch list items have been completed. The contractor chose to wait until completion of the project to submit a pay request, therefore the final pay request is for the entire amount of the contract. Mayor Ewing moved, seconded by Mr Ramey, to accept the work performed under a contract for erection of equipment storage buildings and repair of an existing building, release retainage, and authorize final payment to Landco Construction Co Inc in the amount of $80,255.34. AYE: Ewing, Ramey, Barnhouse, Standridge, Helm NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RE VEST TO CLOSE A PORTION OF A DRAINAGE EASEMENT LOCATED ON LOT 13 BLOCK 1 WINDSOR LAKE ADDITION. The City of Owasso received a request to close a portion of a drainage easement located on Lot 13, Block 1, Windsor Lake II Addition to allow for a larger building pad area for a proposed single-family dwelling. The drainage easement was originally over-sized and a portion of the easement is no longer needed. The request was reviewed by the Technical Advisory Committee, and none of the utility providers had any concerns. The Owasso Planning Commission reviewed the request at their August 13, 1996 meeting and recommended approval. Mr Ramey moved, 3 Owasso City Council August 20, 1996 seconded by Ms Barnhouse, to approve closing a portion of the drainage easement located on Lot 13, Block 1, Windsor Lake II Addition. AYE: Ramey, Barnhouse, Helm, Standridge, Ewing NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN AMENDMENT TO THE 1996-97 BUDGET, SUCH AMENDMENT IN THE FORM OF A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND AND CAPITAL IMPROVEMENT FUND BUDGETS. The FY 1995-96 budget included appropriations for parking lot improvements within both the Park Maintenance budget and Capital Improvements Fund, with the parking lots at Elm Creek Park and City Hall/Community Center identified for improvements. The projects were not completed in FY 95-96, however bids were solicited after the beginning of FY 96-97. In order to award contracts for these projects, it is necessary for the City Council to approve specific carry-over budget requests as supplemental appropriations to the FY 96-97 budget. Mayor Ewing moved, seconded by Mr Ramey, to approve supplemental appropriations in the amount of $16, 805 to the Park Maintenance Budget, $12,982 to the General Government Budget, and $12,000 to the Capital Improvements Fund, such appropriations derived from a carryover of funds from the 1995-96 budget and intended for use of parking lots improvements. AYE: Ewing, Ramey, Barnhouse, Standridge, Helm NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF CONTRACTS FOR PARKING LOT IMPROVEMENTS AT ELM CREEK PARK AND CITY HALL/COMMUNITY CENTER. Specifications were developed and bid packets prepared for improvements to the parking lots at Elm Creek Park and City Hall/Community Center. Bids were advertized, with six area contractors responding to the request for bids. It was determined that each parking lot improvement would be awarded separately as a cost savings measure. The lowest bidder for the City Hall/Community Center parking lot was APAC-Oklahoma, who also submitted the lowest bid for the striping. The lowest bid for Elm Creek Park west parking was submitted by Newman Contracting, and the lowest bid for Elm Creek Park south parking was submitted by Horizon Construction. However, Mr Wolfe of Horizon Construction stated that he could not honor the bid unless he was awarded both parking lots. He said he was not aware that each lot 4 Owasso City Council August 20, 1996 would be awarded separately, even though specific language to that effect was contained in the bid packet. Newman Contracting submitted the second low bid for the Elm Creek Park south parking lot, and the staff recommended that both Elm Creek parking lots be awarded to Newman. Mr Standridge moved, seconded by Ms Barnhouse, to award a contract to APAC- Oklahoma of Tulsa in the amount of $24,982 for improvements to the City Hall/Community Center parking lot per specifications; and to award a contract to Newman Contracting of Tulsa in the amount of $16, 805 for improvement to Elm Creek parking lots per specifications; and authorization for payment. AYE: Standridge, Barnhouse, Helm, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RE UEST FOR A LOT-TIE AGREEMENT ON LOTS 14 & 15. THE FAIRWAYS AT BAILEY RANCH. The City of Owasso has received a lot tieing request for two lots located within The Fairways Addition (Lots 14 and 15 in Block 3). The request was made to allow for the construction of one single-family residence on the two lots. There are no utility easements along the common lot lines. The Owasso Planning Commission recommended approval of the lot tieing agreement at their August 13, 1996 meeting. Ms Barnhouse moved, seconded by Mr Helm, to approve the lot tieing agreement for Lots 14 and 15 of Block 3, The Fairways Addition to the City of Owasso. AYE: Barnhouse, Helm, Standridge, Ramey, Ewing NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A _CONTRACT BETWEEN THE CITY OF OWASSO AND LODGE #149 OF THE FRATERNAL ORDER OF POLICE. Contract negotiations with the FOP have been ongoing throughout the spring and summer months. Earlier in the summer, the Union declared impasse and the Union and City agreed to mediation and a mediation session was scheduled. However, tentative agreements were reached prior to the mediation session, and the Union subsequently voted to approve the contract as agreed upon. Council discussed the terms of the contract in a work session on August 15th, posted as a special meeting. Mayor Ewing moved, seconded by Ms Barnhouse, to approve a contract between the City of Owasso and FOP Lodge #149 for FY 1996-97, and that the Mayor be authorized to execute the document. 5 Owasso City Council AYE: Ewing, Barnhouse, Ramey, Standridge NAY: Helm Motion carried 4-1. August 20, 1996 Councilor Helm requested that the following statement be entered into the minutes of this City Council meeting: I would initially ask the indulgence on the part of you, Mayor Ewing, as well as my fellow Council Members, in affording the personal privilege of making this statement and having such entered into the minutes of the City Council meeting of the 20th day of August 1996: The topic which I desire to briefly discuss is that involving the emergency service personnel of the City of Owasso, Oklahoma. As everyone is aware, in the past few months there has been a considerable amount of negotiation between the administrative staff of the City of Owasso, Oklahoma, and representatives of the International Association of Firefighters and the Fraternal Order of Police. Additionally, in the last few months there has been considerable discussion regarding such negotiations between the administrative staff of the City of Owasso, Oklahoma and the City Council. As a result of such, to date collective bargaining agreements have been entered into between the City of Owasso, Oklahoma and the International Association of Firefighters and the Fraternal Order of Police. The purpose for my statement is not directed towards the collective bargaining process or agreements for fiscal year 96-97, but on the contrary, for what I perceive as being of importance for fiscal year 97-98. I fully recognize, understand and adhere to the obligation on the part of the City to annually negotiate in good faith with representatives of the firefighters and police officers, the objective of which being entering into a collective bargaining agreement mutually acceptable to both. Therefore, the purpose of my statement is not designed to impermissively predetermine what will be the City's inalterable parameters for future negotiations. On the contrary, my purpose is to publicly state one item that I have felt, and continue to feel, is of critical importance to the fiscal integrity of the City of Owasso, Oklahoma. I am sure that it comes as no surprise that I have had, and continue to have, great difficulty with the language in both contracts whereby certain days off are considered as hours worked for purposes of overtime compensation calculation. I have been advised by the City Attorney that legally, under the Fair Labor Standards Act, such treatment is not required by federal law. Furthermore, I am advised by the administrative staff of this city that such treatment is not only inconsistent with prevailing practices in both private as well as public sector contracts, but more importantly, is monetarily extremely costly to the citizens of the City of Owasso, Oklahoma. Recognition of these factors leaves me no alternative but to publicly state that it is my desire as a member of the City Council of the City of Owasso, Oklahoma, whether it be next fiscal year or a succeeding fiscal year, that the administrative staff, in good faith bargaining, diligently endeavor to eliminate from the collective bargaining agreements what I feel is this legally and fiscally unwarranted provision. 6 Owasso City Council August 20, 1996 Additionally, I wish at this time to apprize members of the City Council of the City of Owasso, Oklahoma, as well as the citizenry thereof, that in conversations with the City Manager I have let it be known that I am of the opinion that the time is now for the City of Owasso, Oklahoma to implement random drug testing in the emergency services departments of the City as is currently in place in a vast number of municipalities across these United States. I fully recognize that the adoption and implementation of a random drug testing policy for the fire and police departments as a result of the Fire and Police Arbitration Act, requires adherence to certain processes. With such in mind, I have requested of the City Manager, with the assistance of the Personnel Officer and the City Attorney, to proceed with such processes to seek implementation of random drug testing of the firefighters and police officers within the next 90 to 120 days. I propose this not with any personal animosity towards any member of our excellent ambulance, fire and police services. On the contrary, I propose it from the standpoint of an obligation to the citizens of the City of Owasso, Oklahoma, to assure at all times provision of well trained and well disciplined firefighters and police officers possessing the highest of ethical and legal standards. Thank you. ITEM 15: REPORT FROM CITY MANAGER No report. ITEM 16: REPORT FROM CITY ATTORNEY No report. ITEM 17: REPORT FROM CITY COUNCILORS Councilor Helm requested that the following statement be entered into the minutes of this City Council meeting: Mayor Ewing and Fellow Council Members: I again ask your indulgence in affording me a personal privilege to make this statement and enter such into the minutes of the City Council meeting of the 20th day of August 1996, which I, after much consideration and reflection, feel personally compelled to make. Now that we have concluded with the transactions associated with the acquisition of the Bailey Golf Ranch by the City of Owasso and the funding of such acquisition by the issuance of Revenue Bonds by the Owasso Public Works Authority, I feel it necessary, for the benefit of the citizens of Owasso today, as well as the citizens of Owasso tomorrow, to briefly reflect upon what I personally perceived as the guiding principle which necessitated the action taken by 7 Owasso City Council August 20, 1996 this body in terms of the acquisition of the Bailey Golf Ranch, as well as issuance of the Owasso Public Works Authority Revenue Bonds. Initially, I, like many others in this community, felt compelled to exhaustively examine the operation of the Bailey Golf Ranch to make a determination of where fault for the problems associated with the Bailey Golf Ranch laid. Also, I, as well as many others in this community, felt a need to not only determine where such fault laid, but also to affix the blame to the individual or individuals responsible for the problems associated with the Bailey Golf Ranch operation. Not unlike other members of this community, I then, as well as now, harbored a great deal of hesitancy in supporting what has been perceived and characterized as an "unwarranted bail-out" of a mismanaged enterprise. However, Mr Mayor, fellow Council Members and fellow citizens, regardless of my own personal feelings as such relates to what I believe constituted managerial irresponsibility, Inevertheless soon realized that my focus of necessity must be broadened beyond the scope of attributing blame to a more important scope, and that was what was in the best interest of the citizens of the City of Owasso, Oklahoma. After much analysis, consideration and reflection, I soon came to realize that my own personal opinion as relates to the cause of the operational difficulties of the Bailey Golf Ranch must be put aside for the sake of the betterment of this community. Only after considerable thought and soul searching did I realize that attributing blame for the operational difficulties associated with the Bailey Golf Ranch served nothing more than to jeopardize the betterment of this community. With such in mind and after lengthy deliberation, I, as well as my colleagues I feel safe to say, determined that the betterment of the community warranted taking whatever lawful and reasonable steps could be taken to assure the preservation of a valuable asset to this community which I feel ultimately Bailey Golf Ranch will prove to be. Of equal, if not greater importance, however, is my commitment to the proposition that the actions taken by this body in its capacity as City Council, and well as Trustees of the Owasso Public Works Authority and Trustees of the Owasso Public Golf Authority were necessitated by what I am convinced was the unquestionable need to preserve the economic and moral integrity of the City of Owasso, Oklahoma. In conclusion, Mr Mayor and fellow Council Members, I thank you for your indulgence in affording me this personal privilege so that there can be no question in any person's mind as to what I, as well as my fellow colleagues I am sure, labored with and were motivated by in the making of the decisions which brought about the actions associated with this transaction. Thank you. In another City Councilor report, Mayor Ewing extended congratulations to Chief Mechanic Jeff Moody upon his recent completion of certification in several areas of Automotive Service Excellence. 8 Owasso City Council August 20, 1996 ITEM 18: UNFINISHED BUSINESS None. ITEM 19: NEW BUSINESS A citizen requested an explanation regarding a materialman's lien filed against the city. Mr Cates explained that a contractor doing some work for the city has not paid his sub-contractors, therefore one of them filed the lien. Since a materialman's lien cannot be filed against public land or improvements, Mr Cates will request that the lien be released. Councilor Standridge asked if there could be some traffic control on 86th street when the high school traffic is heavy. This situation was referred to Mr Carr. ITEM 20: ADJOURNMENT Mr Ramey moved, seconded by Ms Barnhouse, to adjourn. AYE: Ramey, Barnhouse, Helm, Standridge, Ewing NAY: None Motion carried 5-0, and the meeting was adjourned at 7:30 p.m. Danny Ewin ,Mayor Marti Boutwell, City Jerk 9