FRANKLIN CITY COUNCIL - APRIL 16, 2007

FRANKLIN CITY COUNCIL APRIL 16, 2007 Members of the Franklin City Council met in regular session on Monday, April 16, 2007, 6:00 p.m. at the Franklin City Building, Mayor Todd Hall presiding. Roll call showed: Carl Bray absent Scott Lipps present Bob Knipper absent Todd Hall present Denny Centers absent Michael Aldridge present Jason Faulkner present There were 2 members of the press and 11 visitors present at tonight’s meeting. Also present; Mr. Jonathan Westendorf, Fire Chief; Mr. Gordon Ellis, Police Chief; Mr. Sonny Lewis, Public Works Director; Mr. Mike Robinette, Finance Consultant; Ms. Donnette Fisher, Law Director; Mr. Jim Lukas, City Manager and Mrs. Jane McGee, City Clerk. The pledge of allegiance was led by Mr. Dennie Fitzgerald. Mr. Faulkner made the motion to approve the Clerk’s Journal and accepting the tapes as the official minutes of the March 29, 2007 meeting; seconded by Mr. Aldridge. The vote: Mr. Lipps abstain Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Motion passed. RECEPTION OF VISITORS Angela Snowden, 8183 West Lawn Drive, stated she was at the last meeting in regards to the Franklin Heights issue. She complained about the Second Street improvements, the island, can’t get into Ameristop. She stated she had several questions and that she hadn’t received the letter as discussed at the 3/29/07 meeting. Also, Council indicated you weren’t interested in acquiring property, not in the real estate business. After researching Council minutes, see where Council has gone into executive session to discuss negotiations & acquisition of property. Ms. Fisher explained those executive sessions were discussions of right-of-way acquisition for the Second Street project and Deardoff Rd. Ms. Snowden then questioned plans for the area – Council stated there are no long range plans for the area. She added she has been attending Planning Commission meetings, researched those minutes and found Mr. Hall’s name in the minutes. Mayor Hall responded that he is a member of Planning Commission. She then questioned the city’s plans as the Comprehensive Plan (one of the maps) shows an access road on township property. Mayor Hall stated only the front lots are in the City. Ms. Fisher stated the access shows behind the city lots – is not for the township lots. She then questioned if the city does business with or in a partnership with Miller Valentine or Michael Grietzer. Mayor Hall stated that they did the building renovations – about 4 years ago. Mr. Lipps added they were the project director for the building project. Ms. Snowden stated that they bought the corner lot at East Lawn, as a shelter investor, then after buying it, went defunct. Mayor Hall stated the Law Director has been instructed not to mail the letter yet, been researching options as discussed at the meeting. The agreement is for water service. You are welcome to come to a Planning Commission meeting and to come in and ask questions anytime. The city has no definite plan for that area, want control over the development, if that happens in the area. Mayor Hall also added that we are aware of the traffic problems in that area. Ms. Fisher added that total build-out in that area should be done within the next 60 days and to please call or stop in if you have any questions. At this time, Mayor Hall removed Resolution 2007-29, Declaring necessity of improving city streets and public ways by the lighting thereof for the year 2007, from the agenda. PUBLIC HEARING ORDINANCE 2007-9 REPEALING IN ITS ENTIRETY EXISTING CHAPTER 115 AND SECTION 126.10 OF THE CODIFIED ORDINANCES OF THE CITY OF FRANKLIN, OHIO, AND ENACTING CHAPTER 115, TITLED “SALE OR LEASE OF CITY PROPERTY” Mayor Hall opened the public hearing. Ms. Donnette stated she is in the process of reviewing the Charter and the ordinances, and found that the sale or lease of city property needs to be updated and combined into one chapter. She noted that for the sale of real property it is per the Charter and also includes adding to the bidding process that we may require that bids submitted tell us what the purchaser/lessee intends to with the property. For the sale of personal property, the language mirrors state law. She also noted that all department heads have reviewed. Mayor Hall closed the public hearing. Mr. Faulkner made the motion to adopt; seconded by Mr. Aldridge. The vote: Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Motion passed. RESOLUTION 2007-25 AUTHORIZING A GRANT TO DENNIE FITZGERALD, FITZGERALD’S FLOWERS, 410 SOUTH MAIN STREET, FRANKLIN, OHIO, UNDER THE DOWNTOWN IMPROVEMENT PROGRAM Mr. Lukas stated that Mr. Fitzgerald is present tonight. He explained that Mr. Fitzgerald has submitted an application for a DIP grant and loan (not ready to proceed with the loan application yet). Planning Commission’s recommendation is to approve a grant up to $10,000 for the painting of his building. If Council approves, additional monies will be needed in the fund. Mr. Fitzgerald stated that the building needs painted, front of the building is zinc, repair/replace wood around the windows, move the air conditioner, and rust repair. It is a very well built building – built in the 1880’s. It is very expensive to keep the building up and to find someone who will work on it. Mr. Lipps asked how long he has owned the building and what is on the 3rd floor. Mr. Fitzgerald stated he has owned the building since 1980 and the 3rd floor is an apartment, but used for storage at this time. Mr. Lipps stated the DIP supports the community and he likes that Mr. Fitzgerald is using a local person to do the work. Mayor Hall added that Planning Commission asked that you use 2 to 4 colors, instead of just 1 color on the building. We appreciate your submitting a second bid to do this. Mr. Lipps made the motion to adopt; seconded by Mr. Faulkner. The vote: Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Motion passed. RESOLUTION 2007-26 AUTHORIZING THE ENGINEERING AND ADVERTISEMENT FOR BIDS FOR THE POPLAR STREET IMPROVEMENTS PROJECT Mr. Lewis stated that this is legislation that we do for the Issue II projects. This will enable us to have everything in place so we can go out to bid when we receive the monies in July. The project is Poplar Street, 2nd Street to Virginia. The project includes widening and resurfacing the existing street, installing curb & gutter, catch basins and storm water piping and restoration. Mr. Lewis thanked Mr. Woods for preparing the memo. OPWC monies 58.9% ($144,423.00); city share 41.1% ($100,777.00) . Mr. Faulkner asked when will the project be done – Mr. Lewis stated he wasn’t sure of the time frame. Mr. Faulkner made the motion to adopt; seconded by Mr. Aldridge. The vote: Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Mr. Hall yes Motion passed. RESOLUTION 2007-27 CREATING A ZONING REVIEW COMMITTEE AND APPOINTING THE MEMBERS THERETO Ms. Fisher stated that the committee will review the draft of the zoning code, as recommended by the Planning Commission. The meetings will be open to the public. The committee will review and make a recommendation to the Planning Commission. The Planning Commission will then hold public hearings and make a recommendation to Council. Committee is: Denny Centers – Council representative Carl Bray – Council representative Lee Dunlap – Planning Commission representative Angela Tucker – Planning Commission representative Carlos Robinson – Board of Zoning Appeals representative Joe Lucas – Member at-large Ellis Ball - Member at-large City Manager, Zoning Officer and Law Director – non voting members Mr. Lipps questioned if the committee members have to be a resident of the city as the legislation doesn’t state whether the member at-large has to be a resident or non-resident. Ms. Fisher stated that the at-large members being appointed are residents and that anyone can attend the meetings. That is a policy for Council to make whether the at-large member is to be a resident or non-resident. Mr. Lipps added this legislation doesn’t preclude a township resident from being appointed. Mr. Lipps made the motion to adopt; seconded by Mr. Aldridge. The vote: Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Mr. Hall yes Mr. Centers absent Motion passed. RESOLUTION 2007-28 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIFTH THIRD BANK FOR A TAX EXEMPT MUNICIPAL LEASE Mr. Robinette stated that this is a Master Lease with Fifth Third Bank, not to exceed $100,000.00, for the purchase of the copier, approximate cost of $20,000. It is a Master Lease as banks don’t like to do leases for a small amount. We will come back for your approval if we need to lease anything else besides the copier. The interest rate is 4.35%, not 4.50% as written in the memo. Mr. Lipps noted it is a fixed rate for 5 years. Mr. Faulkner made the motion to adopt; seconded by Mr. Aldridge. The vote: Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Motion passed. RESOLUTION 2007-30 AWARDING THE BID AND AUTHORIZING THE EXECUTION OF THE CONTRACT FOR THE FRANKLIN BUSINESS PARK WATERLINE PROJECT Mr. Lewis stated that this is the second part of the water tower project. We received 14 good bids –engineer’s estimate is $425,500; low bid is $303,840 by Mt. Pleasant Blacktopping; saving approximately $400,000 on the combined projects. Mr. Lewis added that we haven’t worked with this company but that CDS has. Mt. Pleasant has worked for Clermont County and Cheviot; they do mostly subdivision work (think they may have done subdivision work in the city); have found no complaints on them. Mr. Lipps questioned the location of the company and why the bids aren’t closer to the engineer’s estimate. He asked if the lowest bid is always the best. Mr. Lewis stated the company is located in Fairfield and he didn’t know why the discrepancy in the bids. This is a straight forward job (open field work with no underground), good specs, we are doing the testing, would not recommend not taking the low bid. Discussion continued on the bid amounts. Mayor Hall added the point is our engineer is having problems pricing things – how do we know who is right and who is wrong – is frustrating problem. Mr. Lukas stated he will talk with CDS. Mr. Lipps added he is excited to save money – don’t understand why bids are that far off from the city engineer’s estimate. Discussion continued with Mr. Robinette, Mr. Faulkner and Mr. Lewis on reasons why bids are so low. Ms. Fisher added that it is a requirement in the bid packet that the company be in business for two years and to provide a contract bond. Mr. Faulkner made the motion to adopt; seconded by Mr. Aldridge. The vote: Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Motion passed. DISCUSSION: MCDONALD’S SIGN Mr. Lukas stated this is about the sign that Council approved for McDonald’s. They put in a different sign and are here tonight to ask you to approve what is there. Mr. Robert Kessler, Kessler Sign Company, and Mr. Dave Warren, McDonald’s, asked Council to approve the current sign. A copy of a letter with a sign drawing attached (copy attached) was handed out to Council. Ms. Fisher stated that the original sign approval has brass letters – it has been replaced with a plastic face plate. Mr. Warren stated that the sign drawing (in front of you), was introduced for approval when we were talking about raising the sign height to 7’9 along with the location of the sign. On October 18 we received a letter saying the Council had approved the sign and location – sounds like we read more into the approval than we should have. Mayor Hall stated that the 7’ sign was approved, and the 7’9 sign was denied. Mr. Kessler presented a chain of events: at the 5/06 meeting the brass letter sign was approved; 10/06 sent a copy of this sign drawing to the Law Director and she indicated in her letter that she had been before the Council and they approved the sign, however, the 7’9 sign was not approved, the 7’ sign was. Ms. Fisher stated the letter was approval on the location and denial of the sign height – only Council can approve the sign. Mr. Kessler stated he met with a number of people at the site with this drawing in hand – could have fixed it if we had known about it not being approved. Mayor Hall stated drawings were presented several times to Planning Commission, that’s not what was approved; had a meeting about the location; now the sign has been changed – don’t know who changed it, the Law Director can’t give you authorization to change it. Council has final approval; don’t understand why we didn’t get the sign that was approved. Mr. Kessler stated the letter clearly indicates approval – read the letter on the approved location and stated this sign drawing was attached to it. We were under the understanding that she had taken this sign drawing to Council for approval. Mayor Hall stated that never came to us; don’t understand why the sign changed, that’s not the sign that was approved; I fought very hard to get the sign that was approved; the bottom of the sign is also slightly different; that sign looks nice, but not what we approved. Mr. Lukas stated we’ve had lots of conversation on the sign and you never approached me with a revised sign package. Mr. Kessler stated at that time they were working with the Law Director. Ms. Fisher added no drawing was attached to her letter. Mr. Lipps stated he can’t fight yes or no for them on the sign; is a benefit to the community; sad to see this happening; thanks for what you’ve done. Mr. Warren stated there is a misunderstanding of what has happened out there with the sign– we thought the current sign was approved with the 7’9 height of the sign disapproved. Mr. Aldridge stated he is glad to see McDonalds; things happen, lots went on; don’t see how this mistake happened and asked how the sign will work (electronic display area). Mr. Warren stated the drawing was sent to the Law Director – thought it was presented to Council. He also explained that cd’s (clips) can be played on the sign. Mr. Faulkner stated he appreciates you’re being here – gone back and forth - should do what was submitted – issue is which one did you submit. Mayor Hall stated drawings were submitted 1/9/06; 3/6/06 and 10/11/06 revised (this one presented this evening). Gus Mecera, McDonald’s, stated he was also at Planning Commission meetings; question is if this was submitted back to Council, thought it was – sign was amended to go with what was already in the island. Mayor Hall stated he wasn’t going to revisit this issue – if it wasn’t in the deed, you wouldn’t have a sign in this location. We need to look at what has happened and how to solve it. Mr. Mecera stated it was submitted to the city and thought it was approved. Mayor Hall stated we need to sit down and discuss – it has already been to Planning Commission and to Council. Need to decide if it either goes back to Planning Commission, or Council can waive and approve the current sign or Council can say the sign drawing with the brass letters approved at the 5/06 meeting has to be done. Mayor Hall continued that McDonald’s has done wonders for the area. Mr. Lipps stated he wants all of Council involved; don’t want McDonald’s to think we aren’t small business friendly. Mayor Hall stated for Mr. Lukas to schedule a meeting with them to discuss the issue. CITY MANAGER’S REPORT Mr. Lukas stated that we may have to take action after the executive session. LAW DIRECTOR’S REPORT Ms. Fisher stated that Wal-Mart is to open Wednesday and we are having some street improvement issues and the traffic light is not working. We have worked out that Wal-Mart will reimburse the city for traffic control by the police until the lights are working. COUNCIL COMMENTS Comments tonight: Thanks for attending; excited to see the Wal-Mart open and do we know how many accidents have occurred in front of Wal-Mart; Ms. Stackhouse will be coming back to Council soon; thanks to Tim Humphrey, Carlisle Council member, Angela Snowden, Township resident, for attending tonight; thanks to Lorna for serving on Civil Service and Ellis on the Zoning Review Committee; receiving compliments on the Police Dodge Chargers; at the Wal-Mart pre-opening tour on Friday, thanked by a disabled person for bringing Wal-Mart to the Community, hope Wal-Mart doesn’t impact our small businesses – been positive impact so far; and Mayor Hall stated that Wal-Mart will be both good and bad; traffic issues are being worked on, thanks for coming this evening; Mrs. Snowden please come in and ask questions anytime; thanks to Mr. & Mrs. Ball for attending; thanks to Captain Abston for coming; and the Police Chief will be deployed shortly, wish him the best of luck, we appreciate what you are doing for our city and country. Mr. Faulkner made the motion to enter into executive session for the discussion of union negotiations and pending litigation, with possible action afterwards; seconded by Mr. Aldridge. The vote: Mr. Lipps no Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Motion passed. At 7:30 p.m., Mayor Hall and members of Council entered into executive session to discuss union negotiations and pending litigation, with possible action afterwards. Mr. Lipps made the motion to exit the executive session; seconded by Mr. Aldridge. The vote: Mr. Knipper absent Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Motion passed. Mayor reconvened the meeting. Mr. Lipps made the motion to accept the insurance committee recommendations regarding the health insurance with Medical Mutual; seconded by Mr. Aldridge. The vote: Mr. Hall yes Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Motion passed. Mr. Aldridge made the motion to adjourn; seconded by Mr. Faulkner. The vote: Mr. Centers absent Mr. Aldridge yes Mr. Faulkner yes Mr. Bray absent Mr. Lipps yes Mr. Knipper absent Mr. Hall yes Motion passed. Mayor Hall adjourned the meeting at 8:45 p.m. _______________________ Mayor ________________ City Clerk

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