July 1, 2002

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, July 1, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Bretland, Cultice, Mercer and Saxton.
Upon motion of Mrs. Saxton, seconded by Mrs. Baker, Mr. Wise was excused from this meeting by unanimous roll call vote.

Presiding Officer: Michael L. Beamish, President of Council Pro Tem

Others Present: Peter E. Jenkins, Mayor
David E. Anderson, Director of Public Service & Safety
R. Craig Helmer, Auditor
W. McGregor Dixon, Jr., Director of Law

PUBLIC HEARING. At 7:31 p.m. Mr. Beamish opened the public hearing on the rezoning covered by Ordinance No. O-27-02. There were no comments in this regard, and at 7:32 p.m., Mr. Beamish declared this public hearing closed.

MINUTES: The Clerk gave a summary of the June 17, 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.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS: 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 West Market Street Improvement, the 2002 OPWC project, at a cost not to exceed $1,450,000, $461,550 of which will be paid by OPWC. Committee further noted that the original estimate for the work was $651,400, and even though this project includes improving Vornhort Ave., which was not part of the original scope, and making water and sewer improvements now to avoid tearing up the street to make the improvement later, and there is not previously known costs associated with excavating the concrete substructure, Committee requests the City work towards design/cost estimates prior to the year the project is budgeted to avoid Council having to deal with late notice of a project with a substantial cost increase. Committee noted that while budget funds are available, some other projects may need to be deferred and a later reappropriation may need to take place.
Report signed by Bretland, Cultice and Baker.
Discussion. Mr. Beamish stated that, as Chairman of the Finance Committee, he supports the comments of the Buildings, Streets & Sidewalks Committee regarding providing more accurate estimates for budget purposes.

LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared authorizing an easement for Overfield Tavern Museum to use public right-of-way adjacent to the Overfield Tavern on both E. Water and Mulberry Streets.
Report signed by Beamish, Mercer and Saxton.

RESOLUTION NO. R-42-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE APPLICATION FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

This Resolution was given first title reading.

Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice.
Yes: Saxton, Mercer, Baker, Cultice, Beamish and Bretland.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker.
Yes: Mercer, Baker, Cultice, Beamish, Bretland, and Saxton.
No: None. RESOLUTION ADOPTED


7-1-02 P.2

RESOLUTION NO. R-43-02
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 WEST MARKET STREET IMPROVEMENT PROJECT

This Resolution was given first title reading.

Discussion. Mrs. Baker commented that there has been considerable communication between the City and W. Market St. residents on this project.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Baker, Cultice, Beamish, Bretland, Saxton and Mercer.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Cultice.
Yes: Cultice, Beamish, Bretland, Saxton, Mercer and Baker.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-27-02
AN ORDINANCE CHANGING ZONING FOR A 2.9 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL BUSINESS ZONING DISTRICT

This Ordinance was given first title reading on 6-17-02.
Given public hearing and second title reading.

ORDINANCE NO. O-28-02
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 172.9078 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

ORDINANCE NO. O-29-02
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO CONVEY AN EASEMENT TO OVERFIELD TAVERN MUSEUM FOR CERTAIN ENCROACHMENTS IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Beamish, Bretland, Saxton, Mercer, Baker and Cultice.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Bretland, Saxton, Mercer, Baker, Cultice and Beamish.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-30-02
AN ORDINANCE CHANGING ZONING FOR A 0.872 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL ZOING DISTRICT, TO B-2, GENERAL BUSINESS ZONING DISTRICT

This Ordinance was given first title reading

COMMENTS OF MAYOR: Mayor Jenkins noted that at 8 pm on 7-3 there will be a concert on the Square by the Cincinnati Symphony Orchestra, and a number of events are planned for 7-4, with fireworks at the end of the evening.

COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented: 1) As a recognition of the City's efforts regarding risk management, for the second consecutive year, the City received a 100% score on the compliance requirements of the City's insurance pool, and all those involved in the compliance should be congratulated. 2) The administrative regulation has been distributed to the downtown businesses that have indicated a desire to place tables and chairs in the public right-of-way.


7-1-02 P.3

COMMENTS OF CITY AUDITOR: Mr. Helmer commented that the proceeds have been received for the bonds authorized by Council (for Stadium project and City's share of waterline extension to West Milton).

COUNCIL COMMENTS:
. Mr. Mercer asked how much has been loaned from the $400,000 grant received for downtown revitalization, and Mr. Dando, Development Director, stated that about $300,000 remains to be loaned at 3% interest, and if those pre-approved applicants do not finalize applications by September, the funds are then available for applications from other downtown businesses.

COUNCIL PRESIDENT COMMENTS: Mr. Beamish noted that the O-22-02, approved at the previous meeting, restricting some use of public streets, is not effective until July 17.

AUDIENCE COMMENTS:
. Teresa Bollinger, 2590 Greenlawn, discussed the Troy Lunch Club program, noting that the volunteer base for the
program is eroding and she is seeking a program sponsor.

PRESENTATION: On the subject of the aesthetic improvements along I-75 in Troy, including plantings and the sound barrier walls, Gareth Johnston, President of the City Beautification Committee, who has been meeting with ODOT throughout this program, commented:
-Eventually the wall panels will be cleaned, sealed and painted a "putty" color, with the rims holding the panels painted a slightly different color. The painting should be completed by October 2002.
-ODOT will be removing their chain link fence along the right of way and permit residents to bring their own fences to the walls (not connecting to the walls), and on the residents' side, the residents may plant within the right-of-way, recognizing that ODOT retains the right to the land and could destroy the plantings.
-ODOT will only be responsible for damage/graffiti on the highway side of the walls.
-Plantings along the highway side are allowed if approved first by ODOT, would have to be done by the City or property owner, and would not be maintained by ODOT.

Regarding aesthetic improvements to be installed by ODOT, Mrs. Johnston and City Engineer D. Swan commented:
-Ornamental fencing on the SR 41 overpass may still be part of the project paid by ODOT.
-While the cost of the project has increased, the percentage for aesthetic improvements has not increased.
-The Troy, Ohio USA design will go on panels and the location of the design is where panels are currently missing.
There will be plantings at the interchanges with CR25A, SR 55 and SR 41.
-The dirt will be contoured.
-A number of trees will be planted at all interchanges: those at CR25A and SR 55 this year, and those at SR 41 in 2003.
-The entire project is to be done by 6-30-03.
-All plantings that are in interchange areas inside Troy must be maintained by the City.
-Much of the planting anticipated 2-3 years ago is still planned.

Ted Mercer asked that the administration check into what it would cost to run the lines for irrigation for the SR 41 interchange and to check with some other communities that have had similar interchange improvements to find out what annual maintenance costs are.



There being no further business, the meeting adjourned at 8:00 p.m.





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President of Council                              Clerk of Council