| August 6, 2001 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 6, 2001, at 7:30 p.m. in Council Chambers. (first meeting back in renovated Council Chambers) Members Present: Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins , Mayor N. Lawrence Wolke, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor The Clerk gave a summary of the July 16, 2001, minutes of Council. There were no corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing a $55,000 RLF loan for Bakehouse Bread Co., Inc. 2) Committee recommends legislation be prepared authorizing additional funding to PTCC (public access) of $70,000 to match other funding to upgrade equipment. 3) Committee recommends emergency legislation be approved for the 5-year depository agreements as recommended by the City Auditor. Reports signed by Douglas, Mercer and Beamish. RECREATION AND PARKS COMMITTEE: Mr. Howe, Chairman, reported that Committee recommends legislation be prepared authorizing bidding of playground equipment for Trostle, Archer, Kensington and Kings Chapel Parks at a cost not to exceed $171,000 Report signed by Beamish, Bretland and Howe. RESOLUTION NO. R-37-01 RESOLUTION APPROVING THE APPLICATION OF BAKEHOUSE BREAD COMPANY, INC. FOR ASSISTANCE FROM THE CITY'S CDBG ECONOMIC DEVELOPMENT LOAN FUND This Resolution was given first title reading. Mr. Douglas moved for suspension of three readings. Motion seconded by Mr. Beamish. Yes: Howe, Douglas, Mercer, Baker, Bretland, Beamish and Saxton . No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Saxton. Yes: Douglas, Mercer, Baker, Bretland, Beamish, Saxton and Howe. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-38-01 RESOLUTION AUTHORIZING THE RELEASE OF $70,000 TO PTCC This Resolution was given first title reading. Mr. Howe moved for suspension of three readings. Motion seconded by Mr. Beamish. Yes: Mercer, Baker, Bretland, Beamish, Saxton, Howe and Douglas. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Bretland, Beamish, Saxton, Howe, Douglas and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-39-01 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR PLAYGROUND EQUIPMENT This Resolution was given first title reading. 8-6-01 page three Mr. Howe moved for suspension of three readings. Motion seconded by Mr. Bretland. Yes: Bretland, Beamish, Saxton, Howe, Douglas, Mercer and Baker. No: None. Mr. Howe moved for adoption. Motion seconded by Mr. Mercer. Yes: Beamish, Saxton, Howe, Douglas, Mercer, Baker and Bretland. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-16-01 ORDINANCE AUTHORIZING THE DEPOSIT OF PUBLIC FUNDS OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Howe, Douglas, Mercer, Baker, Bretland and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Howe, Mercer, Baker, Bretland, Beamish and Saxton. Abstain: Douglas (as his employer, Peoples Savings Bank, is one of the depositories and he wants to avoid any appearance of a conflict of interest.) No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR: The Mayor commented that the employee and volunteer picnics were well attended; students from Takahashi City, Japan are visiting Troy; the Police Dept. is going through the accreditation process; the newly formed Troy Community Band has played the third of their four concerts in their initial year. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Wolke commented that the City received an excellent audit and the audit is now published on the State's web site. COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer and several members of Council stated they were very happy to be back in Council Chambers. COUNCIL COMMENTS: . Mr. Howe commented how fortunate the City is to have the Revolving Loan Fund available to help local businesses expand, such as Bakehouse Breads. . Mr. Mercer and Mrs. Baker commented that they were pleased that delinquent notices of City utilities are now being forwarded to the property owner/landlord. Mrs. Baker commented that some landlords would like to see the cut off at two months rather than three, and the Administration will look into that possibility. . Mr. Beamish stated he would like the Golf Pro and Superintendent to make a presentation to Council, especially with the very good USGA report on the golf course. . Mrs. Saxton asked about the Kidder Ditch, the maintenance of which was mentioned at the previous meeting. Mr. Leffel stated he has made several inspections, the most recent being this date, and found water flowing under all bridges. AUDIENCE COMMENTS: Several residents expressed concern about work within an easement being done on their property in the Little Ponderosa Subdivision: Michael Mills, 860 Cartwright Ct., commented: . There has been a severe, drastic modification to the drainage easement behind his property and two others, to benefit the Stonebridge Subdivision, and this has caused economic hardship to the Little Ponderosa property owners and they want the area restored. . The properties have been appraised since this work took place, and the property owners have been advised that the properties have been severely economically challenged. . The easement took up 80% of the backyard prior to the ditch work, and now the ditch/easement takes up more property. . There have been several meetings with the City and with the neighboring developers. Most recently, City officials have advised that there are no other options to the work that has already been done. 8-6-01 page three . The removal of the sod and grass has resulted in a slope too steep to safely mow, and moved the ditch very close to the actual houses. . In a meeting with the Mayor, he suggested something be done to make the properties more presentable. . The owners recognized there was an easement, but they had no reason to believe the back yards would be altered. Lynn Morrison, 840 Cartwright Ct., commented: . An appraiser has stated her property has decreased $25,000 in value with the work done. . The house was built to City codes with setbacks, and the work in the easement has brought the ditch to inches from the house. . There have been several meetings with City staff, with the City Engineer saying the "cut" was not what she expected. . She feels this is a sad commentary on the City's connection to big business - Stonebridge. Freila McKee, 850 Cartwright Cr. Commented: . The bank is now too steep too use a riding mower, and they can no longer take care of the back yard. . They have been told there will be "no more water" passing through, so they do not understand the widening. Richard Morrison, 840 Cartwright Ct., commented: . With the work done in the ditch, owners have lost considerable property value; they can't even get a lawn mower around the house with the ditch so close; people keep trespassing to look at the situation; they can't sell their house the way it is; valuable dirt was taken from his property that is now stockpiled in Stonebridge and will be used in that plat to the benefit of others; and the ditch is as much as 6' deep in some areas. . The Public Works Director has said the neighbors can't understand the situation. . The ditch will become a health hazard with mosquitoes. . The Mayor asked the City Engineer to do something to help the property owners. . The only person who seemed to care or understand that the ditch was being dug too wide or deep was the bulldozer driver. . He hopes Council will have the courage, honor and integrity to do what is right. Steve Leffel, Public Works Director, commented: . The property owners grossly misquoted him, and many comments attributed to him were taken out of context. . The plat was approved three years ago. . Based on prior flooding of the area, with the water surrounding the Mill's property, it was necessary to re-assess the ditch to handle water flow. . Mr. Mills has declined to look at pictures of prior flooding of the property, which might help to explain the type of situation the City is trying to prevent from again happening. . The work has been done within an easement defined on the plat. . Mr. Mercer asked Mr. Leffel about an 18" outlet and how water could be moved faster and without flooding if the outlet size remained the same. Mr. Leffel commented that law prescribes that no more water can flow from the former Zwiebel land (Little Ponderosa development) than flowed prior to development and the developer is required to handle the differential (additional water flow due to development). In this case, the swaile (drainage ditch) is not sufficient and has been widened to help get the water to the lake (detainage system) to be held and then sent more slowly through the 18" outlet, all to try to avoid flooding. . Mrs. Saxton asked about the amount of excavation and the change of the slope. . Mr. Douglas expressed concern about the lost property value mentioned. . Mr. Mercer asked whom requested/paid for the redesign. Mr. Leffel advised that Stonebridge Subd. requested Choice One Engineering to do the design and paid for the work. . Members of Council requested more information on this subject, with Mr. Mercer asking for a legal definition of an easement and information as to who has control of 80' of the back yard of a property if there is an easement. Freida Iddings, 40 Elmwood, commented that the new street scape in the Public Square does not have curb ramps for handicapped persons and does not have handicapped parking, both as required by law. She said she understands the City plans to address this in the next phase of the street scape, but asked that the law be met and ramps be installed with parking places for the handicapped within the Square. 8-6-01 page four Anthony B. Char, Development Director, who is retiring at the end of the August, presented a report, noting that the City has been served well by past aggressive economic development efforts, having land annexed and zoned to be available for industrial use, and being competitive by utilizing development incentives with the result being job retention and expansion and maintaining the City's industrial, employment and tax base. Mr. Char commented that the City must continue these efforts and even become more aggressive so as to not fall behind in the competitive industrial market and further encouraged the City to pursue annexation for industrial use. (A copy of Mr. Char's comments are attached to the original minutes.) Council thanked Mr. Char for his work on behalf of the City. There being no further comments, Council adjourned at 9:24 p.m. _______________/s/_________________ __________________/s/___________________ President of Council Clerk of Council |