| April 21, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 21, 2003, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION: An invocation was given by Council member Wise. MINUTES: The Clerk gave a summary of the April 7, 2003 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mr. Beamish, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the annual manhole improvement program at a cost not to exceed $80,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the annual catch basin improvement program at a cost not to exceed $120,000, with Committee noting that the authorization is in excess of the $60,000 budgeted so that catch basins can be improved on West Main Street ahead of the State improvement planned for W. Main from Plum St. to I-75 and to perform the annual program as well. Reports signed by Bretland, Cultice and Baker. FINANCE. Mr. Beamish, Chairman, reported that Committee recommends emergency legislation be prepared to release the real estate on which a mortgage was filed associated with the Revolving Loan to Goodall Properties in that the wrong lot number was listed on the mortgage and that error must be corrected. Report signed by Cultice, Mercer and Beamish. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving the replat of Inlots 8807 through 8810 (located off Horizon West Court) and vacating a utility easement within the lots so that four lots can be combined into three lots. 2) Committee recommends legislation be prepared accepting the final plat of Troy Towne Park Section Two and the dedication of additional roadway of 412' within the plat. 3) Regarding Ordinance No. 0-5-03, Committee is rescinding the previous recommendation that the Ordinance be denied as all parties (applicant J. Minesinger, Westlake residents and original developer JMD) have reached an agreement which removes the objections that had been voiced by the Westlake residents. Committee now recommends that Council adopt Ordinance No 0-5-03. Reports signed by Beamish, Mercer and Saxton. PERSONNEL: Mr. Wise, Chairman, reported as follows: 1) Committee concurs with the plan implemented by the Administration to address staffing concerns at the Police Department by not requiring that the desk be staffed by a police officer 24/7 by using a clerical employee for coverage when possible; to reduce the number of authorized Sergeants by one (as the number had been increased following an arbitration when it was determined not to demote a Sergeant but to return to a reduced number by attrition, which can now be done by the retirement of a Sergeant); and to install a phone in the vestibule, with the phone having a direct connection to 911 Dispatch, so that at times the desk may not be staffed and there would be no public access to the Police Department. Upon motion of Mr. Wise, seconded by Mrs. Baker, the report on Police Dept. staffing was approved by unanimous roll call vote. 2) The Public Works Department has been short-staffed with employees called to active military duty and being off for extended injury/illness, and to provide service to the public, Committee recommends 2 additional laborers be hired, with the number of authorized personnel in the Public Works department not increased permanently and noting that the 2 laborers may be added to the staff on a permanent basis through attrition. Discussion. Mr. Mercer asked what would happen to the additional laborers if all workers off returned to full duty, with Mr. Anderson commenting that based on the length of some absences, and possible separations from City employment, it is felt that it would be a short time until the authorized number would be reached. 4-21-03 P.2 Upon motion of Mr. Wise, seconded by Mr. Beamish, the report on Public Works Dept. staffing was approved by unanimous roll call vote. 3) Committee recommends legislation be prepared changing the position title of Personnel Director to Administrative Services Director at the same pay range, to provide more flexibility of assigned duties. 4) Committee recommends legislation be prepared to create the position of Park Maintenance Worker at the hourly wage of $17.42, with the position requiring skills above that required of a laborer, with the staffing authorization of the Park Dept. reduced by one laborer. Committee understands that the additional cost of the position will be offset by savings of having someone on staff with skills to perform work rather than outsourcing certain work. Reports signed by Baker, Beamish and Wise. UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for fire hydrants at a cost not to exceed $45,000. Report signed by Saxton, Wise and Mercer. RESOLUTION NO. R-28-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE 2003 MANHOLE IMPROVEMENT PROGRAM This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Mercer, Saxton, Beamish, Wise, Baker, Bretland and Cultice. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Saxton, Beamish, Wise, Baker, Bretland, Cultice and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-29-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE 2003 CATCH BASIN PROGRAM This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Beamish, Wise, Baker, Bretland, Cultice, Mercer and Saxton. No: None. Mr. Bretland moved for adoption. Motion seconded by Mr. Wise. Yes: Wise, Baker, Bretland, Cultice, Mercer, Saxton and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-30-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR FIRE HYDRANTS This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Baker, Bretland, Cultice, Mercer, Saxton, Beamish and Wise. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Bretland, Cultice, Mercer, Saxton, Beamish, Wise and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-31-03 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH AFSCME OHIO COUNCIL 8, LOCAL 1342-1342P REGARDING ESTABLISHING OF A PARK MAINTENANCE WORKER POSITION, ESTABLISHING A SALARY, AND DECLARING AN EMERGENCY This Resolution was given first title reading. 4-21-03 p.3 Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Mercer, Saxton, Beamish, Wise, Baker and Bretland. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Beamish. Yes: Mercer, Saxton, Beamish, Wise, Baker, Bretland and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-5-03 ORDINANCE CHANGING THE ZONING OF PARTS OF INLOTS 7146 AND 7271 IN THE CITY OF TROY, OHIO FROM A 9.898 ACRE PLANNED UNIT DEVELOPMENT AND 8.764 ACRES OF R-4, SINGLE FAMILY RESIDENCE DISTRICT AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given first title reading on 2-3-03. Given public hearing and second title reading on 2-18-03. Given third title reading on 3-3-04. Given fourth title reading on 3-17-03. Given fifth title reading on 4-7-03. Given sixth title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Saxton, Beamish, Wise, Baker, Bretland, Cultice and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-8-03 AN AMENDED ORDINANCE CHANGING ZONING FOR INLOT 9272, LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURE, TO R-4, SINGLE FAMILY RESIDENCE DISTRICT. This Ordinance was given first title reading on 3-3-03. Given public hearing and second title reading on 3-17-03. Given third title reading on 4-7-03. Given fourth title reading. ORDINANCE NO. O-14-03 AN ORDINANCE CHANGING ZONING FOR INLOTS 3051 AND 3054 IN THE CITY OF TROY, OHIO, FROM R-6, TWO FAMILY RESIDENTIAL DISTRICT, TO B-2, GENERAL BUSINESS DISTRICT This Ordinance was given first title reading on 3-17-03. Given public hearing and second title reading on 4-7-03. Given third title reading. ORDINANCE NO. O-15-03 AN ORDINANCE CHANGING ZONING FOR INLOTS 9303 AND 9304, IN THE CITY OF TROY, OHIO, FROM A-1 DOMESTIC AGRICULTURE, A-2 GENERAL AGRICULTURE, AND R-1AAA SINGLE FAMILY TO R-4 SINGLE FAMILY This Ordinance was given first title reading on 3-17-03. Given public hearing and second title reading on 4-7-03. Given third title reading. ORDINANCE NO. O-28-03 ORDINANCE ACCEPTING A RELAT OF INLOTS 8807-8810 IN THE CITY OF TROY, AND VACATING AN EASEMENT This Ordinance was given first title reading Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Beamish, Wise, Baker, Bretland, Cultice, Mercer and Saxton. No: None. 4-21-03 P.4 Mrs. Saxton moved for adoption. Motion seconded Mr. Mercer. Yes: Wise, Baker, Bretland, Cultice, Mercer, Saxton and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-29-03 ORDINANCE ACCEPTING THE FINAL PLAT OF TROY TOWNE PARK SECTION TWO IN THE CITY OF TROY AND DEDICATING ADDITIONAL ROADWAY WITHIN THE PLAT This Ordinance was given first title reading Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Baker, Bretland, Cultice, Mercer, Saxton, Beamish and Wise. No: None. Mrs. Baker moved for adoption. Motion seconded Mrs. Saxton. Yes: Bretland, Cultice, Mercer, Saxton, Beamish, Wise and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-30-03 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO RELEASE CERTAIN REAL ESTATE HELD AS SECURITY FOR A MORTGAGE AND DECLARING AN EMERGENCY This Ordinance was given first title reading Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Mercer, Saxton, Beamish, Wise, Baker and Bretland. No: None. Mr. Beamish moved for adoption. Motion seconded Mr. Mercer. Yes: Mercer, Saxton, Beamish, Wise, Baker, Bretland and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-31-03 AN ORDINANCE AMENDING ORDINANCE NO. O-7-01 REGARDING THE ADDITION OF A POSITION IN THE PARK DEPARTMENT AND DECLARING AN EMERGENCY This Ordinance was given first title reading Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Beamish, Wise, Baker, Bretland, Cultice and Mercer. No: None. Mr. Wise moved for adoption. Motion seconded Mr. Beamish. Yes: Beamish, Wise, Baker, Bretland, Cultice, Mercer and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-03 ORDINANCE AMENDING ORDINANCE NO. O-55-2000 TO CHANGE POSITION TITLE This Ordinance was given first title reading Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Wise, Baker, Bretland, Cultice, Mercer, Saxton and Beamish. No: None. Mr. Wise moved for adoption. Motion seconded Mrs. Baker. Yes: Baker, Bretland, Cultice, Mercer, Saxton, Beamish and Wise. No: None. ORDINANCE ADOPTED 4-21-03 Page Five SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson stated that NASA Astronaut Nancy Decker Currie is willing to have signs placed indicating that Troy, Ohio is her hometown and that the OPWC has approved the 2003 funding for the Elm Street Improvement Project. CITY AUDITOR'S COMMENTS: Mr. Helmer advised that all the Bond Anticipation Notes (BANs) authorized at the prior meeting with all costs to the City being 1.57% of the bonds. COUNCIL COMMENTS: -At Mrs. Baker's request, Mr. Anderson reviewed the project scope for the OPWC Elm Street project. AUDIENCE COMMENTS: Regarding Ordinance No. O-5-03: -Bruce Davidson, Westlake Village property owner, stated the residents appreciate the support of the City and believe that without the support of the City they would probably still be involved in a lawsuit with the original developer. -Jessica Minesinger, rezoning applicant, stated she appreciated all the time and effort of the City staff in working to a good resolution on the rezoning. -Mrs. Saxton commented that all the meetings and deliberation on this Ordinance was an indication that Council was not a "rubber stamp" entity. PUBLIC ACCESS PRESENTATION: Steve Dunne, Director of the public access station, commented: a damaged camera was replaced through their insurance; they continue to make opportunities available for interested volunteers; there are some new programming offerings; and there are plans for an afternoon fitness program. Mrs. Baker encouraged a continued focus on local programming. Frieda Iddings, 40 Elmwood, stated she would like to see the local paper carry public access program listings, and Mr. Dunne stated that has not been done as the newspaper would charge for running that information. There being no further business, the meeting adjourned at 8:10 p.m. _______________/s/_________________ _________________/s/__________________ President of Council Clerk of Council |