| March 15, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, March 15, 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 Service & Safety R. Craig Helmer, Auditor INVOCATION was given by Council President Lohrer. PRESENTATION: Chief Phelps presented Distinguished Service Awards to Officers Jim Short and Officer Chris Tilley for actions on 1-7-03. While going home from work, Officer Short saw a young man on the outside of the railing of Market Street Bridge; he requested assistance with Officer Tilley responding; and, working together, they prevented the young man from jumping at the risk of their own safety The Mayor and Mr. Anderson presented a “Star Award” for outstanding performance at a vehicle accident scene on 2-19-04 following a multiple injury collision at 25A and Eldean Road, to Fire Platoon Commander Scott Gheen representing firefighters Tim Haywood, Jeff Covault, Scott Gheen, David Grigsby, Doug Ingle, Jeff Shelton, Aaron Simmons, Todd Jacobs and Shawn McMaken. MINUTES: The Clerk gave a summary of the March 1, 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 legislation be prepared authorizing bidding for a new Cemetery Maintenance Building at a cost not to exceed $465,300, with the construction to be masonry and of a design similar to the Chapel. Report signed by Cultice, Hutchinson and Baker. FINANCE COMMITTEE: Mr. Cultice, Chairman, reported that Committee recommends legislation be prepared refinancing the Bond Anticipation Notes (BAN) issued last year with another six-month BAN which will permit more time to determine which projects should be in included in a Bond issue. Report signed by Mercer, Wise and Cultice. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving Enterprise #26 for Faurecia Exhaust Systems, Inc. for abatement of 75% real and tangible personal property abatement for 10 years, an investment of $19,250,000 and establishing 140 new full time jobs after three years. 2) Committee recommends legislation be prepared accepting the recommendation of the Enterprise Zone Tax Incentive Review Council that Enterprise Zone Agreements 1, 2, 4, 5, 6,11, 13 and 24 have been both investment and employment commitments and should be continued; that Agreements 3, 15, 10a, 12, 17, 14, 18, 19, 20, 21, 22, and 23 have not met all requirements due to economic situations and should be continued, and that Agreements 7, 8, 9, 10b and 16 have been withdrawn or terminated and were not reviewed. Committee noted that the legislation will be presented as an emergency measure as the report must be filed with the state by March 31. Reports signed by Cultice, Mercer and Saxton. RECREATION & PARKS COMMITTEE: Mr. Wise, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the Miami County Park District for the City to pay $80,000 towards the cost of the Troy/Concord Recreational Trail, which will be partly constructed in the City of Troy and on an easement between the City and Martin Marietta; that there be an agreement setting forth the City’s maintenance responsibility on the City portion of the Trail; and authorizing the Miami County Park Rangers to have jurisdiction over the patrolling of the entire Troy/Concord Recreational Trail. Report signed by Hutchinson, Saxton and Wise. March 15, 2004 Page Two CITIZEN COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Jerry Stichter, 467 W. Staunton Rd., asked what the total recreation trail cost would be (R-20). It was stated the cost is about $420,000 and the City’s portion is leverage for a grant. It was stated the trail is inside and outside the City. Lester Conard, 1210 S. Clay Street, suggested the businesses (enterprise zone) not meeting the pledges have the abatement reduced. Mr. Anderson stated that is not part of what is permitted by State law. Mr. Conard also asked if his comments at a prior meeting were in the minutes and was advised that is the case but the Clerk reads a summary. RESOLUTION NO. R-18-04 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 CONSTRUCTION OF A NEW CEMETERY MAINTENANCE BUILDING This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice Yes: Saxton, Mercer, Baker, Hutchinson, Wise, Clark and Cultice. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Mercer, Baker, Hutchinson, Wise, Clark, Cultice and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-19-04 RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL 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. Mercer. Yes: Baker, Hutchinson, Wise, Clark, Cultice, Saxton and Mercer. No: None. Mrs.Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Hutchinson, Wise, Clark, Cultice, Saxton, Mercer and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-20-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PARK DISTRICT FOR THE PURPOSE OF THE CONSTRUCTION OF THE TROY/CONCORD RECREATIONAL TRAIL CONNECTOR This Resolution was given first title reading. Discussion. In view of some new information just received, Mrs. Baker suggested this Resolution, and R-21-04, go to a second reading. RESOLUTION NO. R-21-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PARK REGARDING LAW ENFORCEMENT JURISDICTION OVER THE TROY/CONCORD RECREATIONAL TRAIL CONNECTOR This Resolution was given first title reading. RESOLUTION NO. R-22-04 RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT #26 SUBMITTED BY FAURECIA EXHAUST SYSTEMS, INC. AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Clark, Cultice, Saxton, Mercer, Baker and Hutchinson. No: None. March 15, 2004 Page Three Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Cultice, Saxton, Mercer, Baker, Hutchinson and Wise. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-10-04 ORDINANCE ACCEPTING THE FINAL PLAT OF HAWK’S NEST SUBDIVISION SECTION ONE, DEDICATING A RIGHT OF WAY AND AUTHORIZING PAYMENT OF WATER LINE OVERSIZING IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on 3-1-04. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Cultice, Saxton, Mercer, Baker, Hutchinson, Wise and Clark. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Cultice. Yes: Saxton, Mercer, Baker, Hutchinson, Wise, Clark and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-11-04 AN ORDINANCE PROVIDIG FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,800,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF (I) PAYING THE COSTS OF IMPROVING AND RENOVATING THE HOBART ARENA, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (II) PAYING THE COSTS OF CONSTRUCTING A CEMETERY MAINTENANCE BUILDING, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (III) PAYING THE COSTS OF ACQUIRING AND INSTALLING GENERATORS FOR THE MUNICIPAL WATER SYSTEM AND THE MUNICIPAL SEWER SYSTEM, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (IV) PAYING THE COST OF IMPROVING THE MIAMI SHORES GOLF CLUB BY ACQUIRING GOLF CARTS AND CONSTRUCTING A DRIVING RANGE, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (V) PAYING THE COSTS OF ACQUIRING A FIRE TRUCK, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (VI) PAYING THE COSTS OF ACQUIRING REAL ESTATE AND INTERESTS THEREIN FOR USE AS A MUNICIPAL PARKING LOT, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (VII) PAYING THE PROPERTY OWNERS’ PORTION, IN ANTICIPATION OF THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS, OF THE COST OF CONSTRUCTING SIDEWALKS ON STREETS LOCATED WITHIN THE WESTBROOK AND SHERWOOD SUBDIVISIONS OF THE CITY BETWEEN THE TERMINI AND IN THE MANNER PROVIDED IN THE RESOLUTION DECLARING THE NECESSITY OF SAID IMPROVEMENT, BEING RESOLUTION NO. R-71-02, ADOPTED OCTOBER 7, 2002, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, (VIII) PAYING THE COSTS OF IMPROVING MUNICIPAL STREETS IN THE CITY BY GRADING, DRAINING, CURBING AND PAVING, AND INCLUDING STORM WATER IMPROVEMENTS, MANHOLES, AND TRAFFIC SIGNALIZATION, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, AND (IX) PAYING THE COSTS OF CONSTRUCTING A MUNICIPAL SWIMMING POOL AND RELATED RECREATIONAL FACILITIES, TOGETHER WITH ALL NECESSARY APPURTENCES THERETO, AND DECLARING AN EMERGENCY. This Ordinance was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Baker, Hutchinson, Wise, Clark, Cultice and Saxton. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Hutchinson, Wise, Clark, Cultice, Saxton and Mercer. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented the sign has been removed from the closed Total Xposure operation. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson complimented the Troy Development Council and City Development staff for the work in securing the Faurecia expansion in Troy. COUNCIL COMMENTS: -Mrs. Baker said it was good to see the exterior Total Xposure sign down, but noted another sign was lighted in a window. -Mr. Clark complimented the work to bring in the Faurecia operation (R-22-04), and congratulated the police officers and firefighters recognized. March 15, 2004 Page Four AUDIENCE COMMENTS: -Elmer Jordan, 2586 Brookview Drive, provided photos of Lock 13 of the Miami Erie Canal and noted that there are remnants of early transportation modes that should be preserved as Troy approaches its 200th anniversary. He suggested: .There be a historical marker noting that 25A is the Old Dixie Highway. .The last remaining trolley car of the traction line of the inter-urban railroad is owned by Mike Sullerburger and it should be purchased and renovated and placed at Waco Park near where the old traction lines were. .There be a combined Waco Museum and Museum of Troy Industrial History located at the Waco Field site. .Locks 13 and 14 be preserved. .A lake between 25A and Dye Mill Road become a recreational and park area to accommodate boats (other than power) and other lake recreation. Mr. Jordan suggested these items be funded by the City rather than a new pool constructed, as the items would be available to citizens longer than a 2.5 month swimming season. -Bill Tegler, 85 Cricket Lane, stated he supports Mr. Jordan’s efforts. He commented regarding articles that indicate a need for $250,000 homes and articles that the average Troy home is $85,000. (Mr. Anderson stated the actual information is available in the GEM real estate study.) Mr. Tegler suggested the City help those who are having homes foreclosed and suggested the City pay for all sidewalks replacements as well as curb and street improvements and said he feels the poor condition of curbs in some areas may stop people from moving to Troy. -Jerry Stichter, 467 Staunton Rd., read from the GEM study that 75% or greater of homes are expected to be evaluated at $75,000 or greater by 2007. -Regarding the pool, Mr. Stichter asked about the schedule, stated he understands the schedule he previously proposed would extend the project, but asked if Council to comment about taking the final action to three readings. While it was noted that is a time for public comments, not for Council to respond to such questions, the following members of Council chose to comment: Mr. Mercer stated he has not had direct contact from citizens on the issue; he has heard general comments pro and con; he feels the pool is a quality of life issue; seven people will have to make a decision for the best of the community on the issue; and he has not formed an opinion. Mrs. Saxton stated that until the final drawings and information are received she cannot state an opinion, and her decision will also depend on public comment. Mr. Clark stated he was elected to represent the “good of the all” for today and in the future; he has received a number of comments; and he has not come to a conclusion. Mr. Cultice stated he does not feel there is anything to comment on until there is more information, and there should not be speculation as to what may or may not happen. -Mr. Stichter stated he felt the prior decisions on this has come up quickly and without three readings. Mr. Anderson commented that there have been 15 articles on the proposed pool in the Dayton Daily News alone and this was not slipped by in one quick meeting -Frieda Iddings, 40 Elmwood, asked if a new pool would be affordable for all segments of the public. Mr. Mercer stated that senior citizens can get a pass for $20 a year. It was stated that all the fees are comparable to those in other communities. Mrs. Baker stated there is also a service club that provides “scholarships” for those that cannot afford a pool pass/membership. As a historical comment, Mrs. Iddings commented that Troy is the first place that ever had a fly over by a crop duster. -Lester Conard, 1210 Clay Street, said he helped Mr. Hutchinson with a survey of opinions on a pool and he found the majority were against a new pool. He commended Mr. Hutchinson and Mrs. Baker for getting out and discussing this with citizens. -Mrs. Baker stated that of her pool survey results that have been returned, 58% do not favor a pool. Mr. Hutchinson stated his totals are not yet finalized. Mr. Mercer asked the students present (as a part of a the graduation requirement) if they were in favor of a pool. Of the eight students present, all supported the pool. Three college students (THS graduates) also stated support for a new pool There being no further business, Council adjourned at 8:30 p.m. _______________/s/________________ ______________/s/_____________________ President of Council Clerk of Council |