| April 17, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 17, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Richard L. Cultice, Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION: An invocation was given by Council Member Saxton. MINUTES: The Clerk gave a summary of the April 3, 2006, meeting of Council. There were no other corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Clark, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the OPWC project of the Ridge Avenue and Peters Road reconstruction (West Market to Peters Road to the Goodrich entrance) at a total cost not to exceed $1,800,000, with $122,000 of that amount from the Water Fund for water lines and $152,000 of that amount from the Sewer Fund for sewer lines and the balance from the OPWC Fund (transfer from General Fund). The Ohio Public Works Commission (OPWC) will reimburse the City up to $450,000 to offset the final cost. Committee noted that the budget from the OPWC Fund is $1,129,000, which estimate was made in 2004. Committee further commented that the costs of highway construction commodities have increased by 11.1% from January 2005 to January 2006. Because of those cost increases, a higher authorization was requested. City staff and Committee had reviewed changes to the project scope to possibly reduce costs, but it was recommended that any elements be removed at this time. Committee did ask to review the bids prior to contract award. 2) Committee recommends emergency legislation be prepared increasing the authorization of the construction of the cold storage building at the Water Plant by $16,000 (from $125,000 to $141,000) so that electric storage can be added at this time and not delayed to the 2007 budget. The electrical service will be provided by C&J Electric of Anna, Ohio, which company provided the lowest quote. The legislation will be as an emergency measure so the work proceeds. 3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the 2006 paving program at a cost not to exceed $335,000 ($300,000 from Capital Improvement Fund, $10,000 from the Park Fund, and $25,000 from the Water Plant budget. Reports signed by Clark, Kendall and Douglas. Finance Committee: Mr. Mercer, Chairman, reported that Committee recommends the purchase of a Dura Patcher be authorized at a cost not to exceed $58,000 through the State Purchasing Plan. The equipment uses a non-emulsion substance to patch items such as pot holes and major cracks in the asphalt, the material can be applied year round, the repairs are more permanent than the traditional “hot mix” street repairs, and fewer employees can accomplish more work with this equipment. Committee noted that this item is not budgeted, but is recommending approval based on being advised that in one year about $32,000 will be saved in materials and about $16,000-$20,000 will be saved as two part-time summer works will not be needed. Report signed by Douglas, Kendall and Mercer. Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared vacating an un-needed utility easement north of Haworth Court, between Inlots 9860 and 9861, so that an existing business can be expanded. Committee recommended the legislation be prepared as an emergency measure so the process can be completed and development can commence. 2) Committee recommends legislation be prepared vacating an un-needed utility easement between Inlots 9498 and 8176 on Horizon Court West so that the Raymath Company can expand. Committee recommended the legislation be prepared as an emergency measure so the process can be completed and development can commence. 3) Committee recommends legislation be prepared approving Enterprise Zone #30 for Faurecia Exhaust Systems, Inc. Details include: April 17, 2006 Page Two - 75% abatement for tangible personal property taxes for 10 years. - Provides for an expansion of the company’s manufacturing facility at 2200 Corporate Drive. - Investment of $19,700,000, creation of 150 new jobs; with an added payroll of $4,700,000 after the third year. - The investment break down is: $17,725,000 Machinery & Equipment $ 725,000 Furniture, Fixtures and New Inventory $ 1,250,000 Improvements to Building and Parking Lot. Committee noted that the Company is in full compliance for two other Agreements - #23 and #26. Committee recommended emergency legislation so that Faurecia’s expansion would not be delayed. Reports signed by Douglas, Mercer and Saxton. Recreation & Parks Committee. Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the purchase of replacement playground equipment for the Westbrook Park from the Park & Recreation Capital Improvement Fund at a cost not to exceed $53,000. Report signed by Baker, Saxton and Clark. Safety & Health Committee: Mr. Harrah, Chairman, presented the majority report regarding Architectural Services for Fire Station 2. The majority report provided the history of: - In 2003, Council authorized the firm of Architectural Resources Corp. (ARC) to design the fire station at a cost not to exceed $133,400 for such work. This was based on a written memorandum provided by the Fire Chief. - The architect has advised the City that additional fees are due related to the design process, and that the $133,400 amount would be exceeded when new invoices are submitted to the City. The administration was not advised of this until the last two weeks. There is still an open appropriation on the design portion in the amount of $13,555.45. - Some of the additional cost are related to the architect’s evaluation of multiple sites prior to the Staunton Grange property being acquired in 2005. - These fees due above the authorized agreement are $69,216.12. (The total for the design element through the bidding process is $202,616.12.) - The agreement for contract administration (oversight during construction) had not yet been brought forward, and was not budgeted. The architect has quoted a not to exceed amount of $62,313.40 for that segment of the project. That amount is based on $55,813.40 of professional fees, plus a maximum not to exceed of $6,500 for reimbursables the City would pay the architect. City staff has recommended that the architect provide this contract administration, in addition to the inspection and management work provided by staff. - The total professional fees for this project would be $264,929.52. (Note: These figures are based on calculations provided by ARC on 4-14-06.) The majority recommendation: That legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with ARC for additional design fees for Fire Station Two in the amount of $69,216.12. It is the recommendation of this Committee that legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with ARC for contract administration at a cost not to exceed $62,313.40. In that costs have been incurred and the construction is starting, we ask that the legislation be prepared as an emergency measure. It was noted that Committee met on April 13 and on April 17 just prior to the Council meeting. It was also commented that the majority of the committee felt that if a new architect was sought for contract administration, that would take more time and could add to the cost. Recommendation signed by Baker and Harrah. Minority Recommendation: Mrs. Saxton gave an oral report that she recommends a new contract administrator (architect) be hired for Fire Station Two. Utilities Committee: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the cleaning of the West Lime Sludge Lagoon at a cost not to exceed $150,000. Report signed by Harrah, Mercer and Baker. April 17, 2006 Page Three Audience Comments – Agenda or Committee Reports. Jerry Stichter, 467 W. Staunton Road, stated he feels adding the electric to the cold storage building is a good project and should be done, and he feels it is the right direction to look at total cost for projects. RESOLUTION NO. R-17-06 RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT #30 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 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton Yes: Baker, Harrah, Mercer, Douglas, Saxton, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Harrah, Mercer, Douglas, Saxton, Kendall Clark and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-18-06 RESOLUTION APPROVING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR RIDGE AND PETERS RECONSTRUCTION PROJECT This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Douglas, Saxton, Kendall, Clark, Baker and Harrah. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Saxton, Kendall, Clark, Baker, Harrah and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-19-06 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 2006 PAVING PROGRAM OF CITY STREETS This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Saxton, Kendall, Clark, Baker, Harrah, Mercer and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Kendall, Clark, Baker, Harrah, Mercer, Douglas and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-20-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PURCHASE A DURA PATCHER FOR THE PUBLIC WORKS DEPARTMENT THROUGH THE STATE OF OHIO PURCHASE PROGRAM AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Clark, Baker, Harrah, Mercer, Douglas, Saxton and Kendall. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Harrah, Mercer, Douglas, Kendall and Clark. No: Saxton. RESOLUTION ADOPTED April 17, 2006 Page Four RESOLUTION NO. R-21-06 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 NEW PLAYGROUND EQUIPMENT This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Harrah, Mercer, Douglas, Saxton, Kendall, Clark and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Douglas, Saxton, Kendall, Clark, Baker and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-22-06 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 WEST LIME SLUDGE LAGOON This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Harrah, Mercer, Douglas, Saxton, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Mercer, Douglas, Saxton, Kendall, Clark and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-23-06 RESOLUTION AUTHORIZING AN INCREASE TO AUTHORIZED AMOUNT FOR THE COLD STORAGE BUILDING FOR THE WATER PLANT This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Mercer, Douglas, Saxton, Kendall, Clark, Baker and Harrah. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Saxton, Kendall, Clark, Baker, Harrah and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-24-06 RESOLUTION INCREASING THE APPROPRIATION FOR ARCHITECT FEES FOR FIRE STATION 2 AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH ARCHITECTURAL RESOURCES CORP. FOR CONTRACT ADMINISTRATION FOR CONSTRUCTION OF FIRE STATION 2 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Baker, Harrah, Mercer and Douglas. No: Saxton Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Baker, Harrah, Mercer and Douglas. No: Kendall and Saxton. RESOLUTION ADOPTED April 17, 2006 Page Five ORDINANCE NO. O-16-06 ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY, OHIO FROM COUNTY A-2 ZONING AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given public hearing and first title reading on April 3, 2006. Given second title reading. ORDINANCE NO. O-17-06 ORDINANCE VACATING AN EASEMENT FOR THE EXPANSION OF HORIZON COURT WEST 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. Clark. Yes: Mercer, Douglas, Saxton, Kendall, Clark, Baker and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Saxton, Kendall, Clark, Baker, Harrah and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-18-06 ORDINANCE VACATING AN EASEMENT IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Saxton, Kendall, Clark, Baker, Harrah, Mercer and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Clark, Baker, Harrah, Mercer, Douglas and Saxton. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. Mayor Beamish commented that the recent trade mission to Japan had some very positive meetings. He noted that the Chamber of Commerce Business Expo will be held April 27, 3-8 pm, at the Hobart Arena. COMMENTS OF COUNCIL. - Mr. Clark made a motion that Council support the renewal of the school levy. Motion seconded by Mrs. Saxton and approved by unanimous roll call vote. The Mayor and Mr. Lohrer stated that they also support the school levy. - Mr. Clark commented that Council is struggling with a number of issues, and asked the taxpayers to be patient as issues are worked through. - Mrs. Baker mentioned the April 20 Meet the Candidates event and the April 29 Prayer Breakfast. - Mrs. Saxton thanked the Mayor for his report regarding the trade mission to Japan. - Mr. Harrah thanked his committee members for the work regarding the Fire Station architect. AUDIENCE COMMENTS. -In response to a question of Jerry Stichter, it was stated the City is not paying for a parking lot for Faurecia. Mr. Stichter, 467 W. Staunton Road, stated he appreciates the change in direction in looking at projects as a total. A motion was made by Mr. Clark, seconded by Mrs. Baker, to recess into executive session to consider the compensation of a public official. Motion passed by unanimous roll call vote. At 8:03 pm, Council recessed into executive session. At 8:49 pm Council returned from executive session, made no further comments, and adjourned. ______________/s/___________________ _________________/s/___________________ President of Council Clerk of Council |