| June 7, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 7, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, 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 Richard L. Cultice, City Auditor INVOCATION was given by Council Member Baker, followed by a moment of silence in honor of the late President Ronald Reagan. PUBLIC HEARING: At 7:03 pm, Mr. Lohrer declared open a public hearing on Ordinance No. O-22-04. Jessica Minesinger, developer of Hampton Woods, commented that her company recently purchased the land, the proposed rezoning is consistent with the adjacent property, and Parkwood Drive will be completed to Washington Road, providing an additional ingress/egress to the subdivision. There being no further comments in this regard, at 7:05 pm Mr. Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the May 17, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Baker, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to enter into a Vectren Energy Delivery Gas Main Extension Agreement for Towne Park Drive with a payment to Vectren in the amount of $25,201. Committee noted that as other customers connect to the gas main, each will provide a reimbursement payment to the City. 2) Committee recommends emergency legislation be prepared for the June 21 meeting authorizing bond issues of approximately $10,265,000 for a number of projects. Committee noted that while the City has the funds for these projects, with the low borrowing rate it is financially advantageous for the City to borrow the funds through a bond issue. Reports signed by Douglas, Wise and Mercer. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared providing for the replat of Inlots 9409 and 9410 (Nottingham Subdivision) and vacation of utility easements between the lots. Committee noted that the easement is not needed and the replat is require as the house on IL 9410 was erroneously built over the easement and lot line, but this was at no fault of the City. (Mrs. Saxton gave the oral report that as releases had not been received from the utility companies, action on the legislation will be delayed.) Report signed by Mercer, Wise and Saxton. RECRETATION & PARKS COMMITTEE: Mr. Wise, Chairman, reported that Committee recommends legislation be prepared authorizing bidding of a portable basketball floor for the Hobart Arena at a cost not to exceed $90,000. Report signed by Hutchinson, Saxton and Wise. SAFETY & HEALTH COMMITTEE: Mr. Hutchinson, Chairman, reported as follows: 1) Committee recommends no legislative action be taken on the subject of banning smoking in Troy restaurants and if persons wish to pursue this as a ballot initiative, they should do so. This recommendation followed the comments made by newly appointed Council member Douglas that he did not feel such a ban should be legislated by Council and should be a subject determined by the voters of Troy by those interested in such a ban placing the subject on the ballot as an initiative. (Copy of entire report attached to original minutes.) 2) Committee recommends the fire station study for future station locations be accepted by Council and that as far as where land should be acquired, the Committee feels that should be more North than East of Troy. (Copy of entire report attached to original minutes.) Reports signed by Baker, Clark and Hutchinson. As it is not a matter of legislation, a motion was made by Mrs. Baker, seconded by Mr. Hutchinson, to accept the report of the of the Safety & Health Committee dated 6-3-04 on the subject “Fire Station Study/Acquisition of Property for Fire Station”. Motion passed by unanimous roll call vote. 6-7-04 Page Two The Mayor commented that due to magnitude and complexity of the health and safety issue of second hand smoke, he supports the ballot initiative, but cautioned that those involved in such effort need to consider free enterprise as that is what restaurants are all about. The Mayor further commented that he felt Council had devoted a great deal of effort in studying this issue. The Mayor suggested it would be a good idea for a brochure to be prepared and distributed that would list the smoke free restaurants in Troy to help people make choices. Mrs. Baker stated that Council would be voting on R-34-04 (bidding aquatic center) at this meeting. She stated she was disappointed at the turn out at the public meetings. Regarding the aquatic center, she commented that it should be noted that the cap is being established at $3.6 Million; that based on the final bids, such amount may not provide for some elements of the design (3rd slide or kiddie pool) or items such as furnishings, and does not include the costs associated with contract management or bond financing over the years. Mrs. Baker commented that if all associated elements were included, the total cost would be $5.9 Million. Richard Klockner, 53 Dronfield, a local engineer, stated he incorrectly staked the house covered by the vacated easements and replat in O-23-04, he has signed releases (that there is no concern with vacating easements) by utilities other than DP&L and Time Warner, which will be forthcoming, and he would like to see action on O-23-04 not be delayed as the new purchaser of the home wishes to move in. Charles McGovern, 1353 Maplewood, developer, asked that action on O-23-04 not be delayed to avoid financial hardship on the developer or purchaser. The Public Works Director, Mr. Leffel, suggested the plat map be held until all utility company releases are obtained. There was no indication of Council to proceed on the Ordinance. RESOLUTION NO. R-34-04 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 CONSTRUCTION OF THE AQUATIC CENTER This Resolution was given first title reading on May 3, 2004. Given second title reading May 17, 2004. Given third title reading. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Clark, Wise, Hutchinson, Saxton, Mercer, Baker and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-04 RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING THE NECESSITY OF CONSTRUCTING AND/OR REPAIRING SIDEWALKS IN THE CITY OF TROY AND DECLARING AN EMERGENCY This Resolution was given first title reading on May 17, 2004. Given second title reading. RESOLUTION NO. R-37-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH VECTREN ENERGY DELIVERY 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: Wise, Hutchinson, Saxton, Mercer, Baker, Douglas and Clark. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Douglas. Yes: Hutchinson, Saxton, Mercer, Baker, Douglas, Clark and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-38-04 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 NEW BASKETBALL FLOOR AT THE HOBART ARENA This Resolution was given first title reading. June 7, 2004 Page Three Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Mercer, Baker, Douglas, Clark, Wise and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Baker, Douglas, Clark, Wise, Hutchinson and Saxton. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-22-04 AN ORDINANCE CHANGING ZONING FOR 10.1445 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, COUNTY AGRICULTURE, TO R-3, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on May 17, 2004. Given public hearing and second title reading. ORDINANCE NO. O-23-04 ORDINANCE ACCEPTING A REPLAT OF INLOTS 9409-9410 IN THE CITY OF TROY AND VACATING AN EASEMENT This Ordinance was given first title reading. DISCUSSION. There was additional discussion regarding proceeding to approve the legislation without all utility companies signing off as to not objecting to the easement vacation. It was noted that the legislation is not prepared as an emergency measure as such does not apply; thus, there is a 30 day period for effectiveness. A motion was made by Mr. Mercer, seconded by Mr. Douglas, to amend the report of the Law & Ordinance Committee dated 6-3-04 on the subject of “Replat/Release of Easements – Nottingham Subdivision” to add “approving the replat will be accepted with the City holding and not signing the Mylar until all utility companies have provided statements of not objecting to the vacation of the easement”. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Baker, Douglas, Clark, Wise, Hutchinson, Saxton and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Douglas, Clark, Wise, Hutchinson, Saxton, Mercer and Baker. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR: Mayor Beamish congratulated all who were involved in the successful 2004 Strawberry Festival. Regarding the aquatic center, the Mayor commented there has been more effort on this project than he has seen on any project to provide information on the subject, and he complimented the Council and staff for all their work. He stated he supports the aquatic center and feels it is good for Troy as the decision on this project impacts the future of Troy. COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY: Mr. Anderson commended the City staff/departments for a job well done for the Strawberry Festival. With the grand opening of the new Wal-Mart Supercenter, a number of agencies received $500 grants, including the Fire Department. Regarding the fire study, the deviation from the study as regarding the most favorable location of a new substation came from a lot of work and was well thought out. COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer thanked Council for their work at the Strawberry Festival (booth for the Chamber of Commerce). COMMENTS BY COUNCIL: .Mrs. Baker stated she appreciated public attendance at meetings. .Mrs. Baker asked about installing sidewalk where none existed and asked about preparing a list of areas. Mr. Anderson stated that year six has been designated as the first year of an “infill” area. It was noted that some of the areas for infill, and the current programs, are City property and cost. Mrs. Baker asked what it would take for the Buildings, Streets & Sidewalks Committee to discuss doing some sidewalk areas now, such as that leading to the new skateboard park. Mr. Lohrer suggested it be discussed at the next priority session. June 7, 2004 Page Four -Mr. Mercer asked that staff update and provide Council with a list of all City property without sidewalks. -Mr. Hutchinson stated he would also like to see some publication of non-smoking restaurants in Troy. -Mr. Mercer asked the Auditor for a financial summary on the golf course, Hobart Arena and Pool. -Mrs. Saxton asked if the current pool will still be closed mid-August for new construction, with Mr. Anderson advising that that is the plan but the closing date may be adjusted based on bidding/contracting for the project. AUDIENCE COMMENTS: -Deb Mathews, Adult Services Coordinator at the Troy-Miami County Public Library, encouraged Council to sign up for the adult reading program. She noted that a large number of citizens have participated in the program and over 6,000 books were read last summer under this program. -Ray Bretland, 910 S. Clay, on the smoking issue, stated he read the editorial issues, and he does not agree with all comments, but he supports the concept of a ballot issue. -Jerry Stichter, regarding the sidewalks covered by R-36-04, asked about an $11,000 cost for 72’ of concrete. Mrs. Swan, City Engineer, stated the elevation is not correct, must be raised, and the cost assessed will only be that expended. Regarding another issue with the agreement with Tim Donut, Mr. Stichter asked Mr. Anderson what the cost may be to the City (for a prevailing wage equalization) and Mr. Anderson stated he cannot say until all facts are known. Mr. Stichter asked about a May 22 article quoting Mr. Anderson as saying there is a shortage of funds for a transit project and asked how this could be based on the City’s financial resources. Mr. Anderson stated that article involved several communities and he wanted to be sure Troy was not set up to offset Piqua and Tipp City costs. -Debra Stichter, 467 Staunton Rd, stated she felt nothing more was known about the pool project than was known in January – that we still don’t know what we are getting – but she appreciates the hard work on the project. -Jerry Stichter, 467 Staunton Rd., read a statement indicating his opinion that officials do not have the best interest of the City in mind, he questioned processes, stated he feels there is no full disclosure, that certain adjustments to the project were made to silence Council, and he feels the issue is where and when government stops insulting the intelligence of the citizens. Mr. Lohrer commented that it is easy to condemn and tough to sit up here (Council seats) and listen to comments. TROY MAIN STREET PRESENTATION: Charles Fox, Director of Troy Main Street, gave an update of Main Street projects and concerts, stated that an award was received for the Best Event of last year’s Sculptures on the Square, and it is hoped Preservation Weekend will be an annual event. There being no further business, Council adjourned at 8:50 p.m. ________________/s/________________ __________________/s/__________________ President of Council Clerk of Council |