| January 20, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 20, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Cultice, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Serviced & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION was given by Rev. Donald Carnes. INTRODUCTION: Tim Davis, appointed to the position of Planner I as of 1-12-04, was introduced. Mr. Davis’ responsibilities will include property maintenance and he will provide Council with a monthly status report on a variety of property complaints. MINUTES: The Clerk gave a summary of the January 5, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Clark, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported that Committee recommends Council approve the preliminary emergency consent legislation provided by the State for the Ohio Dept. of Transportation improving West and South Market Street from Peters Road to Franklin Street in 2006 with the City paying 20% of the project. Committee signed by Cultice, Hutchinson and Baker. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) The City has had a lease for the use of the Marina Building (Treasure Island). The Lessee, Shin Ja Yun, wishes to sell the restaurant business she operates in the building to Ham Ming Rong. The lease states that the City must consent to the assignment of the lease, but cannot unreasonably withhold approval. With the understanding that the lease has less than four years to run and the new Lessee has been advised that all terms and conditions must be met, Committee recommends assignment be approved with the legislation being an emergency measure to facilitate the assignment as of 2-2-04. 2) Committee recommends legislation be prepared to vacate utility easements for Weston Plaza, area located between W. Main Street and Haworth Ct. Committee asks that the legislation be presented an emergency measure as until the easements are removed from the records some property sales could be held up. Reports signed by Beamish, Mercer and Saxton. RECREATION & PARKS COMMITTEE: Mr. Wise, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Service and Safety Director to execute a purchase agreement with Phillip and Brenda Sullenberger in the amount of $140,000 for approximately two acres on N. County Road 25 A, with the understanding that the agreement has a 150 day period and the purchase will not be completed unless grant funds are received to fund the purchase. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to file a grant application with the Clean Ohio Green Space Conservation Program of the Ohio Public Works Commission or other applicable grants to obtain funding to purchase the property on N. County Road 25A for park purposes. 3) Committee recommends that the architect design firm be instructed to design the enhanced concept for the new aquatics center, or swimming pool, (currently estimated at $3,600,000) with the design to be completed as soon as possible so that a final estimate for bidding can be provided, with bidding and construction started for a completion by Memorial Day 2005. Reports signed by Hutchinson, Saxton and Wise. Discussion: Mrs. Baker asked if the pool issue would go back to the Committee in view of a number of questions that have recently come up that she would like to see answered before this issue goes forward. Mr. Wise stated that many of the questions could not be addressed until the design is completed, and the project would come back to Committee and Council for bid authorization before the project would actually be bid. Mr. Dixon explained that there was consensus at the Committee meeting on the issue to proceed with the design of a particular concept, with the 1-20-04 Page Two Committee Report to be voted on at the Council meeting. Mr. Anderson commented that this is the completion of the process started earlier when the design firm was hired, with delay only possibly delaying the bidding and completion of the project. MOTION. A motion was made by Mr. Wise, seconded by Mr. Hutchinson, to accept the Recreation & Parks Committee report dated 1-12-04 regarding the Aquatics Facility. Yes. Hutchinson, Cultice, Saxton, Clark, Mercer and Wise. No. Baker. MOTION ADOPTED. UTILITIES. Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the cleaning of the East Lime Sludge Lagoon, which is an annual maintenance item, at a cost not to exceed $125,000. Report signed by Baker, Clark and Mercer. AUDIENCE COMMENTS ON COMMITTEE REPORTS AND AGENDA: Jerry Stichter and Deborah Stichter of 467 W. Staunton Road, Michael Burkholder, 465 W. Staunton Road, Scott Connor, 405 W. Staunton Rd., and Lester Conrad, 1210 S. Clay Street, spoke opposing the proposed new swimming pool. Their comments included that there has not been enough information provided for the citizens, the decision was made too fast, the cost is too high, there is not enough detail information, not enough people were included in the process, consideration was not given to safety of children, other locations should have been considered, and this will be “water park” or “amusement park” type of facility . Mr. Dixon advised that all Council did at this meeting was pass a motion regarding which concept design should be finalized and that Council had previously authorized the design. Council and staff stated that: meetings were posted to the City’s web site and the media has reported on the project and the process, with the low interest rates this is the best time to borrow funds for capital projects, the process has been over months to this point, the project is an enhanced pool concept over what exists, months were devoted to site selection with the current location being determined the best site, and there was public involvement with a survey and in selecting elements of the facility. RESOLUTION NO. R-2-04 RESOLUTION AUTHORIZING THE PURCHASE OF REAL ESTATE FOR PARK PURPOSES This Resolution was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Cultice, Saxton, Clark, Mercer, Wise and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Cultice, Saxton, Clark, Mercer, Wise, Hutchinson and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-3-04 RESOLUTION AUTHORIZING ASSIGNMENT OF LEASE AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Saxton, Clark, Mercer, Wise, Hutchinson, Baker and Cultice, No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Mercer, Wise, Hutchinson, Baker, Cultice and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-4-04 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 CLEANING OF THE EAST LIME SLUDGE LAGOON This Resolution was given first title reading. 1-20-04 Page Three Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Mercer, Wise, Hutchinson, Baker, Cultice, Saxton and Clark. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Wise, Hutchinson, Baker, Cultice, Saxton, Clark and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-5-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE A GRANT APPLICATION WITH CLEAN OHIO GREEN SPACE CONSERVATION PROGRAM OF THE OHIO PUBLIC WORKS COMMISSION. This Resolution was given first title read. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Hutchinson, Baker, Cultice, Saxton, Clark, Mercer and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Cultice, Saxton, Clark, Mercer, Wise and Hutchinson. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-5-04 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH ODOT’S DIRECTOR OF TRANSPORTATION REGARDING THE RESURFACING OF PART OF STATE ROUTE 55 (SOUTH MARKET AND WEST MARKET STREET) WITHIN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Saxton, Clark, Mercer, Wise, Hutchinson and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Clark, Mercer, Wise. Hutchinson, Baker and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-6-04 ORDINANCE ACCEPTING THE VACATION OF EASEMENTS IN THE CITY OF TROY, OHIO 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. Mercer. Yes: Clark, Mercer, Wise, Hutchinson, Baker, Cultice and Saxton.. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Mercer, Wise. Hutchinson, Baker, Cultice, Saxton and Clark. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented: 1) The past weekend included several functions honoring the dream and work of the late Dr. Martin Luther King, Jr., and he thanked the team who put the events together. 2) He announced a Senior Advisory Council – Roy Carlson, Rev Donald Carnes, Mary Catherine Rozell, Joann Funderburg, Peter Jenkins, Arthur Haddad, and Lloyd Blankenship – which group will meet quarterly and provide advice on current and pertinent city issues. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented that the Comprehensive Plan is working through the process for updating. 1-20-04 Page Four COUNCIL COMMENTS: -Mrs. Baker stated she felt the Martin Luther King celebrations were well done and she enjoyed her involvement. She asked that when the Recreation & Parks Committee next meets on the new pool that it be at a time convenient for the public. -Mr. Clark commented that he forwarded a property complaint on Maplecrest Drive to staff. He suggested that pool comments be put in writing. CITIZEN COMMENTS: There was a lengthy public comment process regarding the proposed new aquatics center (swimming pool), with comments by the following: .Scott Connor, 405 Staunton Road: seems very inconsiderate that adjacent residents were not advised or made part of the committee that reviewed the project; are there projections of expenses, revenues and deficits for the next 20 years; what will be cut to fund the deficit; the City has affected property values without consideration; if he had been aware of the project he would not have purchased his property. .Mrs. Connor, 405 W. Staunton Rd., stated the current pool is concealed but a large complex would take out trees and, with the high slides, it will change the aesthetics as Staunton Road residents look out their windows. .Mr. Anderson replied that there was no slight towards anyone; the legal process was followed for architect selection; there was an operational analysis that spelled out costs and revenues needed based on projections; the architect recommended a certain size pool to break even; there are no proposed budget cuts to fund the pool project; and recreational operations are subsidized for the benefit of the health and safety of the citizens. .Deborah Stichter, 467 W. Staunton Rd.: the on-line survey is not applicable due to the few number of responders; there are better ways to do surveys to get more and varied responses and that should be done to determine if the citizens want a new pool; she does not feel her input is wanted; as a neighbor she might have been satisfied with a nice pool but does not want a water park; what is the entertainment factor of the new facility; how will the facilities be marketed; a pool is not a bad thing, but the process is a bad thing; .Ken Siler, Recreation Director, advised that some answers will not be known till the pool is designed; it is premature to say what activities will take place; and the Park and Recreation Boards will determine marketing. .Randi Prudden, 1008 E. Franklin Street: as a student she looks forward to a new, modern facility that will be a good improvement; many people are excited about the new pool; and she looks forward to staying in Troy and the time when she will have a family to bring to the pool. .Mike Burkholder, 465 W. Staunton Road: The comments are the reaction of people that will have the facility in their front yards; feels the average citizen 5-10 years from now will be worried about where money will come from for the shortfall; he is accustomed to property owners being approached when such a project would border their properties; a concern is noise and loud PA systems; and he hopes to meet with City staff further on the project. .Jerry Stichter, 467 W. Staunton Road: he does not feel he and the non-vocal majority have been represented in this process; those who responded to the survey had an expectation of being contacted or kept informed; there is not sufficient parking now especially during the Strawberry Festival or football games and more spaces will be lost; the moral and ethical decision making of right vs. right has not taken place, issues of safety have not been addressed; items such as improvements to the Arena, Park Maintenance area and Stadium, along with a new Stadium scoreboard, have changed his view; is there a standard for parking the City must follow? .Mr. Anderson stated that the Strawberry Festival parking is a unique situation and it has to be worked around; routinely multiple events at one time are avoided; the City is not held to a parking standard; and speakers can be placed to project sound toward the pool. .Mr. Mercer stated he understands the Staunton Rd. residents knew a pool was there when they moved to their homes and did they think that pool was going to go away. Mr. Connor stated he did not expect a Disneyland attraction across from his home. .Mr. Mercer stated it seems that most of the comments are regarding “the location is bad” and “the City does not need a pool”. However, the pool has been there; the plan is to improve it; yes, it may be subsidized as are the parks; safety factors will be addressed, including by the design process; the cost looks high but the City has to pay a premium due to prevailing wages; and the pool is there and the City is going to improve a pool at the site. .Lester Connor, 1210 S. Clay Street: he feels the large complex of Duke Park would have been good and would have been better than shoe-horning in an amusement park on the current site; he does not support the pool. .Mr. Anderson explained that using Duke Park or the adjacent McDade land would have supplanted soccer fields; a first choice site (South Ridge and West Market) was not City-owned and too close to SR 55; the City is multi-tasking the parking area at Arena/pool; there is no Disneyland aspect, but the site will be larger, hopefully there will be more attendance, it is a 90-100 day operation, and there will be promotional events; and the neighbors should see a vast visual improvement to the parking area. It was stated the Recreation & Parks Committee would again meet to review questions raised regarding the pool. The meeting will be held 1-26 at 7 pm. 1-20-04 Page Five Mr. Lohrer introduced Troy Junior High School teacher Amita Plantz and some of her students for a presentation. Five students, Courtney Zoulauf, Caitlin Strachan, Kristen Autenberger, Sarah Scriven and Allison Parker, formed a team to discuss the harm of second hand smoke. Misses Zoulauf, Strachan and Autenberger served as spokespersons. They discussed studies on the dangers of second hand smoke, and asked that the Council President assign to a Committee of Council the subject of considering legislation to make all restaurants in Troy smoke free out of concern for the citizens. Mr. Lohrer assigned the matter to the Safety & Health Committee. EXECUTIVE SESSION. A motion was made by Mr. Mercer, seconded by Mrs. Saxton, to recess into executive session to consider the purchase of property for a public purpose and to review negotiations with our public employees concerning their compensation and terms and conditions of employment. Motion passed by unanimous roll call vote. At 9:47 p.m., Council recessed into Executive Session. At 11:09 p.m., Council returned to regular session, and made no further comment. At 11:10 p.m., Council adjourned. ______________/s/_______________ _______________/s/_____________________ President of Council Clerk of Council |