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HomeMy WebLinkAbout1995.01.03_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 3, 1995 The Owasso City Council met in regular session on Tuesday, January 3, 1995 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, December 30, 1994. ITEM 1: CALL TO ORDER Mayor Duke called the meeting to order at 7:05 p. m. ITEM 2: INVOCATION The invocation was given by Officer Kenny Yount, of the Owasso Police Department. ITEM 3: FLAG SALUTE The flag salute was led by Mayor Duke. ITEM 4: ROLL CALL PRESENT Jerry Duke, Mayor Charles Burris, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Danny Ewing, Councilor ABSENT STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF DECEMBER 20. 1994 REGULAR MEETING. Mr Burns moved, seconded by Mr Ramey, to approve the minutes as submitted, by reference made a part hereto. AYE: Burns, Ramey, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0. Owasso City Council January 3, 1995 ITEM 6: REQUEST APPROVAL OF THE CLAIMS. A question was raised concerning the line item used for payment of Mr Harr for his arbitration services. Council requested that the item be transferred from Police Services to General Government Professional & Technical Services. A request was made that all overtime be documented and that report be included as a part of the claims. There was a question about the amount shown on the payroll payment report under Economic Development. That amount is for the director's salary. Mr Burns moved, seconded by Mr Ramey, that the following claims be approved: (1) General Fund $21,444.52; (2) Workers Comp Self-Insurance $49.08; (3) Ambulance Service Fund $645.19; (4) E-911 Fund $1,707.71; (5) City Garage $1,891.23; (6) Capital Improvements $104.00; (7) Revenue Bond Project Fund $50.00; (8) Interfund Transfers $30,158.33; (9) General Fund Payroll $94,373.11; (10) City Garage Payroll $3,012.91. AYE: Burns, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR BUDGET TRANSFERS FROM VARIOUS DEPARTMENTS TO THE POLICE SERVICES DEPARTMENT FOR THE PURPOSE OF FUNDING A CONTRACT BETWEEN THE CITY AND THE FOP FOR FISCAL 1994-95. Mr Ray presented to the Council options for funding the FOP contract. The three options included: 1) Use Rainy Day Reserves, 2) Increase Revenue, and 3) Decrease Existing Appropriations/Transfers. Utilizing the rainy day reserves would deplete those reserves to $27,000 by the end of FY 1995-96. Increasing revenue would require some form of increase in fees or taxes, such as a sales tax. Decreasing existing appropriations/transfers would reduce the appropriations to other departments and programs and transfer those funds to the Police Department. Staff recommend utilizing option #3. The Mayor requested that Mr Ray read the following comment from the background information provided to the Council: "Should similar nay increases be awarded to other employee roups it will place the City in a crisis position. Given the existing revenue sources, the City cannot fund similar pay increases across the whole of the work force. It is interesting to note that the success of the FOP in comparing their wages to Oklahoma City area cities may cause us serious problems. Our evaluation clearly shows that our police officers had the least amount of difference with like employees in the Oklahoma City Area. Our non-uniform employees had the greatest difference. Thus, the argument that salary comparisons with the Oklahoma City metro area may give us problems with all other employees in the coming year. " 2 Owasso City Council January 3, 1995 There were questions and discussion on each option. A suggestion was made to look at extending the one-half cent sales tax after the county tax for Whirlpool has been retired. Also suggested was a combination of options 1 and 3, utilizing a portion of the rainy day fund and a smaller reduction of appropriations to other departments and programs. After a lengthy discussion, Mayor Duke moved to accept option #3 as presented by staff (reduce existing budget appropriations in all departments and transfer that money to the appropriate police department line items) to reduce budget appropriations and transfers by $100,000 and amend the FY 1994- 95 budget to increase Police Department appropriations by $100,000, and to further approve the supplemental appropriation to Police Services, for the purpose of funding the FOP contract for Fiscal 1994-95. Motion seconded by Mr Burns. AYE: Duke, Burris, Ramey, Barnhouse, Ewing NAY: None Motion carried 5-0. The Mayor declared a recess at 8:23 p.m. and reconvened the meeting at 8:35 p.m. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO AWARD A CONTRACT FOR THE PURPOSE OF CONSTRUCTING FENCING IMPROVEMENTS TO THE OWASSO SPORTS PARK COMPLEX AND FUNDING A PORTION OF THOSE IMPROVEMENTS THROUGH TRANSFERS OF APPROPRIATIONS WITHIN THE CAPITAL IMPROVEMENTS FUND. Mr Ray said that bids have been received and opened according to law for fencing improvements at the Sports Park. Those bids have been reviewed and a recommendation made to award the contract to the lowest bidder, Builder's Unlimited Inc of Tulsa in the amount of $73,947. The FY94-95 budget contained an appropriation of $88,000 for capital improvements to the Sports Park. That amount has been reduced to $70,231 after payment of an old bill for road base material for the entry road. Anticipated projects in addition to the fencing, are fencing along the berm on the east side of the park, fencing along the entrance road near the soccer fields, and construction of some water and sewer lines. A plan has been developed to fund all of the projects originally planned by reallocating approximately $25,000 from Capital Improvement projects that have been funded, but are not planned to be initiated this fiscal year. Reallocation of funds will be from those remaining in the City Hall Renovation Project, which was not initiated, and funds remaining in the residential street overlay after all the projects have been funded. Mr Ramey moved, seconded by Mayor Duke, to approve a contract in the amount of $73,947 with Builder's Unlimited Inc, Tulsa, OK for the purpose of constructing improvements to the Owasso Sports Park as specified by bid documents. He further moved to approve the 3 Owasso City Council January 3, 1995 supplemental appropriation by amending the Capital Improvements Fund budget increasing the Sports Park appropriation by $25,000 and reducing the Residential Street Overlay appropriation by $3500 and the City Hall Renovation project by $21,500. AYE: Ramey, Duke, Ewing, Barnhouse, Bums NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF OWASSO AND BUILDER'S UNLIMITED INC. WHEREIN THE SCOPE OF SERVICES WOULD BE CHANGED WITH A RESULTING DECREASE IN THE TOTAL COST OF THE CONTRACT. A contract with Builder's Unlimited Inc to construct improvements at the Sports Park was approved by the previous item. The requested change order would reduce the scope of the project, thus reducing the contract by $542.00. Mr Burns moved to approve Change Order Number 1. Mr Ramey questioned whether the amount of the reduction would be worthwhile for such a large contract. Following discussion, Mr Burns withdrew his motion. Mr Ramey moved, seconded by Mr Ewing, to deny approval of the change order, thus leaving the contract at the original amount of $73,947. AYE: Ramey, Ewing, Bums, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF CHANGE ORDERS TO A CONTRACT BETWEEN THE CITY OF OWASSO AND EMPIRE CONSTRUCTION & MATERIALS INC AND APAC-OKLAHOMA INC WHEREIN THE CONTRACT TIME WOULD BE INCREASED. The 76th St N and Main intersection improvements project was scheduled to be completed by October 22, 1994. As a result of delays in moving utilities and existing signalization attached to the pole at the southeast corner of the intersection, a revised completion date of January 30, 1995 is projected, with the project currently at 80% completion. The change orders proposed would extend the contract time to January 30. There are no additional project costs as a result of these change orders. Mr Bums moved, seconded by Mr Ramey, to approve the change 4 Owasso City Council January 3, 1995 orders with Empire Construction & Materials Inc and Apac-Oklahoma Inc, increasing the contract time by 100 days. AYE: Bums, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE EXPENDITURE OF $4515.00 FOR THE PURCHASE OF FIRE DEPARTMENT WORK UNIFORMS, SUCH REQUEST THE RESULT OF A REVIEW OF THE EXISTING UNIFORM AND SAFETY RECOMMENDATIONS OF THE NFPA. The fire department uniform committee has, for several months, been reviewing and evaluating the effectiveness of the work uniforms. Presently there are several combinations of uniforms in use, and they do not meet state and federal safety requirements. The uniform committee recommended the purchase of 3 pair of black denim pants, 2 short sleeve polo shirts, and 21ong sleeve polo shirts for each firefighter. They have solicited quotes from various vendors on these items. Mr Ramey moved, seconded by Mr Burris, to approve an expenditure of $1950 to Drysdales, Tulsa, OK; and an expenditure of $2565 to Initially Yours Inc, Tulsa, OK, for the purchase of work uniforms for the fire department. AYE: Ramey, Burns, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE APPROVAL OF PLANS AND SPECIFICATIONS, AND FOR THE SOLICITATION OF BIDS FOR THE COMPLETION OF THE SOFTBALL FOUR-PLEX LIGHTING AT THE OWASSO SPORTS PARK. Because of the National Invitational Softball Tournament to be held at the Sports Park in August, it is necessary to have all the fields lighted. At present only two of the fields are lighted. The lighting of the remaining two fields was planned for the 1995-96 fiscal year, but waiting until July 1 to initiate the project would not allow time for the lighting to be completed before the tournament. If the project is approved, it would require Council to appropriate funds from next year's anticipated allocation prior to the start of FY 1995-96. Bid documents have been prepared and a timetable established. Mr Burns moved to approve the plans and specifications 5 Owasso City Council January 3, 1995 for the Sports Park lighting project and authorize the solicitation of bids. Motion seconded by Mayor Duke. AYE: Bums, Duke, Ewing, Ramey, Barnhouse NAY: None Motion carved 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OWASSO CHAMBER OF COMMERCE PROVIDING FOR A RENEWAL OF AN ANNUAL LEASE OF A BUILDING LOCATED AT 315 SOUTH CEDAR In July 1989 the City acquired use of the Tulsa City-County Health Department facility located at 315 S Cedar, for the sum of $1.00 per year. The City has sublet the building to the Owasso Chamber of Commerce and the Owasso Economic Development Authority for the same amount. The term of the lease is January 1 thru December 31. The Chamber is required to maintain the building, provide all utilities, janitorial service and insurance. Mr Ramey moved, seconded by Mr Burns, to approve the lease agreement with the Owasso Chamber of Commerce and authorize the Mayor to execute the document. AYE: Ramey, Burns, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 14: REPORT FROM CITY MANAGER Mr Ray reported that there has been a change in the Medicare rate structure and that rate change will appear on the next Council agenda for action. He also reported that a letter of commitment has been received from area bankers for the NSP project. ITEM 15: REPORT FROM CITY ATTORNEY No report. ITEM 16: REPORTS FROM CITY COUNCILORS Announcement was made of achievements of the Owasso Rams Boys Basketball team and the Pride of Owasso marching band. The Mayor requested that a budget briefing session be held in mid to late January. 6 Owasso City Council January 3, 1995 ITEM 17: UNFINISHED BUSINESS Mayor Duke read a prepared statement concerning the FOP contract, which he had originally intended to present at the December 20 Council meeting. Since he was unable to attend that meeting, he read the statement and asked that it be entered into the minutes in its entirety under authority of Section 2-419 of the Owasso Code of Ordinances. The Mayor's statement: "When we are elected, we are given a mandate by the people to conduct business of our city in their behalf. There are many routine business matters that we conduct during our Council sessions. The decision before us is anything but routine. The decision to accept the FOP contract is a decision that will have a dramatic effect on how we conduct city business in the future." "All of us have access to the financial records of the city. We also have access to information from staff that has guided our decisions in the past and will most certainly be critical in future decisions. Everything I have been able to gather about the fiscal ramifications of this contract points to one thing: this has the potential to devastate the financial structure of this city. The effect will not be immediate. However, the long term effect is frightening. Our actions tonight will carry forward into the future. Tonight's actions only affect this contract until June 30. What happens after June 30? I don't think history will reveal that any bargaining group remains satisfied with their current contract. What comes next? How much more will be asked for now that the 'city treasury has been thrown open' . " "I have stated numerous times in the past ALL our city employees should receive the best compensation possible. I believe this contract we are being asked to approve goes way beyond what is possible. The ultimate decision on city employee compensation comes from the taxpayers. It is the taxpayers who pay the employees. It is the taxpayers who should determine if this level of compensation is what they want for all the city employees, not just the FOP." "The approval of this contract will be fiscally irresponsible and an affront to the citizens. All our citizens have to live within their means. I expect that the citizens want their city government to do the same. To vote for this contract, in light of the fiscal ramifications detailed by city staff, is not living within our means. To vote for this contract, in light of the fiscal ramifications detailed by city staff, is placing a fiscal burden on subsequent Councils that will undermine future city government. Any compensation of one group at the expense of all others is wrong and should not be done." "To me, our task is very clear. If the citizens want to provide this level of compensation to any employee group, then so be it. But the citizens need to have access to the financial data that shows what the outcome will be. The citizens need to weigh the cost versus the product. The citizens need to have the final say. The citizens need to vote on this contract." "Secondary to this contract discussion, but probably more critical, is the precedence that is being established. This arbiter's decision can prove to be a disaster for our town and every other 7 Owasso City Council January 3, 1995 small town in this state. Because the function of Council has been changed forever, City Councils no longer have control over the task that is the greatest responsibility of all Councils by Charters -establishing budget. When an outsider can usurp the elected officials' authority over budgetary matters, the message is loud and clear -there's no longer a need for Councilors. The need will be switched to an interest arbiter who can deal with the unions and lawyer arbiters they bring with them. " "Don't for one minute believe that this is an isolated incident. This is only the beginning -every group from now on will challenge your authority to make budget decisions if you don't agree to their requests. " -END- Vice Mayor Bums made a brief response to the Mayor's remarks and stated that he felt like the right decision had been made. ITEM 18: NEW BUSINESS Vice Mayor Burns presented a proclamation to the City manager from the entire City Council thanking him for his outstanding contributions to the community of Owasso. ITEM 19: ADJOURNMENT Mr Burns moved, seconded by Mr Ramey to adjourn. AYE: Burns, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0 and the meeting was adjourned at 9:35 p.m. J y uke, Mayor Marti Boutwell, City C erk 8