| October 7, 2002 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 7, 2002, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Cultice, Mercer, and Wise. Upon motion of Mr. Beamish, seconded by Mr. Mercer, Mrs. Saxton was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: David E. Anderson, Director of Public Service & Safety R. Craig Helmer, Auditor W. McGregor Dixon, Jr., Director of Law An invocation was given by Councilmember Mercer. At 7:02 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-32-02. -Larry Siefring, 2855 Swailes Road, stated he objected to the rezoning and commented: he would not have purchased his home if he knew there would have been homes in his back yard; the proposed zoning would be dense; if he wanted to live in the City he would have purchased land close to a school; traffic will increase; construction will create water and water shed problems with water flowing onto existing properties causing more problems associated with leech beds and wells; he sees no positive aspects for the change; and if the rezoning is approved the City should give something back to the existing properties, i.e., lot size equal to those in the Pamela Subdivision, free access to storm sewer, free connections to City water, and payment for any flood damage they may suffer. -Paul Synder, 2760 Huntington, stated he opposed the rezoning and commented: this past Spring the entire 19 acres was full of water during rains; if there is building and more rain, he is concerned that the water will flow onto the existing properties; a farm drains into that land now, and construction will make drainage issues worse; and he has not seen any thing that shows how the water will be handled and asks there be no action until water issues are addressed. -Paul Knapke, 1945 Nashville, stated he opposes the rezoning and agrees with Mr. Siefring's comments. He further stated he would not have bought the property had he known the area might be developed, and right now water backs up into his back yard. -Billy Swindell, 2877 Swailes, stated he objects because of possible surface water; the Kensington Development has forced more water onto his property and water pooled in the back yard and killed vegetation; a small ditch that worked well is not now adequate with the existing development; there has even been water running across Nashville Road; he does not want to see houses behind him, especially with 15,000 sq. ft. lots; and while his septic system works well, he realizes others do not and he is concerned that those septic systems that do not work well now will worsen. -Helen Parks, 1965 Nashville Rd., stated she concurs with the other comments objecting to the rezoning. -William Yates, applicant, commented: the storm system has been looked into and the City will not permit anything that will create a swamp; his engineer is working with the City but has not filed a preliminary plan until the zoning is decided; the other owners who were party to the annexation recognized the bad condition of the sewer systems and the potential for eventually connecting to the City sewer system if the land were annexed; the proposed R-3 zoning is a step up (larger lots) from the Kensington Subdivision; the lots based on the proposed preliminary design will be similar to the homes in the Pamela Subdivision with similar set back; he cannot afford to continue to provide the neighboring properties with "green space"; the entire area is surrounded by residential zoning; there have been two access points for over 30 years to permit future development so the possibility of development should not have been a surprise; surface water must be handled within the development. There being no further comments, at 7:23 p.m., Mr. Lohrer declared this public hearing closed MINUTES: The Clerk gave a summary of the September 16, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Baker, seconded by Mr. Cultice, these minutes were approved by unanimous roll call vote. 10-7-02 Page Two COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS. Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the bidding for the replacement parking control vehicle in the amount of $21,000, which is an increase to the amount approved by R-31-02 as it has been determined that the $21,000 is a more accurate estimate. 2) Committee recommends legislation be prepared authorizing application for OPWC funds for the 2003 project, the N. Elm Street Improvement, which has a current estimate of $811,850, approximately 75% of which would be funded by OPWC. 3) Committee recommends legislation be prepared authorizing approval of the Resolution of Necessity to have sidewalks in the Westbrook and Sherwood Subdivision areas repaired/replaced, with the City having those not repaired by the property owners by 5-1-03 repaired and the cost assessed to the property. (Copy of entire report attached to original minutes.) Reports signed by Bretland, Cultice and Baker. Discussion on the Sidewalk Program. .Mr. Bretland asked if the trees marked for removal (by a ribbon) will definitely be removed. Mr. Anderson stated that those trees are subject to further examination, with the final determination for removal being made by arborists. .Marilyn Kavalauskas, 205 Finsbury, stated she did not feel all trees to be removed were evaluated with the same standards and she has two that were marked that she feels do not need to be removed. It was stated that the trees will be looked at again. Frieda Iddings, 40 Elmwood, asked about installing sidewalks where none exists. It was explained that this program is one to replace and repair sidewalks that create a potential liability concern for the property owner or the City, and that infilling sidewalks where none exist would be a program to be addressed in about five years, after all those that need to be replaced have been handled. .Paul Synder, 2670 Huntington, commented that his mother and sister own properties where sidewalks have been marked to be repaired and trees have been marked for removal. Mr. Snyder stated he felt it was the City's responsibility to pay for all sidewalk repairs where the damage was caused by curb lawn trees. Mr. Anderson explained that the state law prescribes that the sidewalk responsibility is that of the adjacent property owner and the City has taken a generous position in removing the trees (and stumps) of those trees determined to be dangerous if not removed. Vote on report on Sidewalk Repair Program. Because some elements of the Sidewalk Repair Program dealt with policies associated with the sidewalk program, and not with legislation, upon motion of Mr. Bretland, seconded by Mr. Cultice, the 9-30-02 report of the Buildings, Streets & Sidewalks report was accepted by unanimous roll call vote. FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared authorizing bidding on certain supplies and materials for 2003 and some for 2004 and that legislation be prepared authorizing the purchase of fuel on the open market during 2003. Report signed by Cultice, Mercer and Beamish. LAW & ORDINANCE. Mr. Beamish reported that Committee recommends legislation be prepared to amend Enterprise Zone Agreement #18 with Peak Foods LLC for the purpose of adding Wells Fargo Equipment Finance Company to such agreement and amending Enterprise Zone Agreement #22 with F&P America Mfg., Inc. for the purpose of adding IBJTC Leasing Company to such agreement. Both companies are in compliance with the terms and conditions of their agreements and wish to lease equipment, rather than purchase the equipment, as that will free up capital for both companies, but to preclude the leasing companies being taxed for, and passing on taxes, associated with the leased equipment used in Troy only, adding the leasing companies to the Agreements will make it possible for the leasing companies to receive the abatement on such equipment they are leasing. Report signed by Beamish, Mercer and Saxton. PERSONNEL: Mr. Wise, Chairman, reported that Committee concurs in the appointment of Carl Goubeaux to the Board of Zoning Appeals to fill the unexpired term of John Mathes, with a term ending 12-31-05. Report signed by Baker, Beamish and Wise. Mr. Goubeaux's appointment was approved following motion of Mr. Beamish, seconded by Mr. Wise, and a roll call vote. RESOLUTION NO. R-65-02 RESOLUTION AMENDING ENTERPRISE ZONE AGREEMENT #18 FOR THE PURPOSE OF ADDING WELLS FARGO EQUIPMENT FINANCE COMPANY AS A PARTY TO THE AGREEMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE THE AMENDMENT AND RELATED DOCUMENTS This Resolution was given first title reading. 10-7-02 Page Three Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Bretland, Mercer, Wise, Cultice, Baker and Beamish. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Cultice. Yes: Mercer, Wise, Cultice, Baker, Beamish and Bretland. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-66-02 RESOLUTION AMENDING ENTERPRISE ZONE AGREEMENT #22 FOR THE PURPOSE OF ADDING IBJTC LEASING CORPORATION AS A PARTY TO THE AGREEMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE THE AMENDMENT AND RELATED DOCUMENTS This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Cultice, Baker, Beamish, Bretland and Mercer. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Cultice, Baker, Beamish, Bretland, Mercer and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-67-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF SUPPLIES AND MATERIALS This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Baker, Beamish, Bretland, Mercer, Wise and Cultice. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Beamish, Bretland, Mercer, Wise, Cultice and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-68-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL AFTER BIDDING ON THE OPEN MARKET AND AWARDING CONTRACTS ON A LOWEST AND BEST BID BASIS This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Bretland, Mercer, Wise, Cultice, Baker and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Wise, Cultice, Baker, Beamish and Bretland. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-69-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE APPLICATION FOR OPWC (STATE ISSUE 2) FUNDS FOR THE NORTH ELM STREET IMPROVEMENT PROJECT This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Cultice, Baker, Beamish, Bretland and Mercer. No: None. 10-17-02 Page Four Mrs. Baker moved for adoption. Motion seconded by Mr. Wise. Yes: Cultice, Baker, Beamish, Bretland, Mercer and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-70-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO INCREASE THE BIDDING AMOUNT FOR A REPLACEMENT PARKING METER VEHICLE This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Baker, Beamish, Bretland, Mercer, Wise and Cultice. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Beamish, Bretland, Mercer, Wise, Cultice and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-71-02 RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING NECESSITY OF CONSTRUCTION AND/OR REPAIRING SIDEWALKS IN THE CITY OF TROY This Resolution was given first title reading. Mrs. Baker for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Bretland, Mercer, Wise, Cultice, Baker and Beamish. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Wise. Yes: Mercer, Wise, Cultice, Baker, Beamish and Bretland. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-32-02 AN ORDINANCE CHANGING ZONING FOR A 19.4 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURAL DISTRICT, TO R-3, SINGLE FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 7-15-02. Given public hearing and second title reading on 8-5-02. Given third title reading on 8-19-02. Given fourth title reading on 9-3-02. Given fifth title reading on 9I-16-02. Given public hearing and sixth title reading. COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented that the City Engineer would be giving a presentation on the traffic pattern changes to the Public Square, which changes are proposed to decrease accidents, and which will be implemented within the next two weeks. Mrs. Swan, City Engineer, made a presentation on the traffic pattern, including providing diagrams showing that the right lane would only be a "right turn" lane and that the inside lane would have the right-of-way, with traffic entering the square yielding to traffic already in the square, and commenting that cautioning signs will be present prior to traffic entering the square and there would be other signage to help make drivers aware of the changes. Mrs. Baker asked why the delay in the work, and it was stated that the current pavement would be milled the first week and after the weekend, the square would be closed for approximately two full days plus one evening to allow time to place the new asphalt and all the roadway markings. Mrs. Baker asked about cost and was advised that the markings will be about $8,000, the traffic consultant charges were about $7,500, and the paving was part of the authorized Phase II streetscape contract. In response to a question of Mr. Mercer regarding how long of a time was anticipated for the "learning curve" for the new traffic pattern, Mr. Anderson suggested a three to six month period. 10-17-02 Page Five AUDIENCE COMMENTS: Paul Synder, 2670 Huntington, asked if consideration was given to having parallel parking (to replace the current diagonal parking) along the street one block out of the square, and Mr. Anderson commented that was not considered due to the number of spaces that would be lost. A Troy High School student asked why trees had been cut down in the square and near the stadium. It was stated that the four pin oak trees on the square had been cut due to being diseased, and new trees would be planted, and most of the trees removed near the stadium were due to the poor condition of the trees, although a couple were removed to permit construction of the stadium renovation project. There being no further business, the meeting adjourned at 8:32 p.m. ______________/s/_____________ _______________/s/__________________ President of Council Clerk of Council |