September 16, 2002
MINUTES OF COUNCIL
A regular session of Troy City Council was held Monday, September 16, 2002,
at 7:00 p.m. in Council Chambers.
Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise.
Presiding Officer: William F. Lohrer, President of Council
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
An invocation was given by Councilmember Bretland.
The outgoing members of the Youth Council and the new members were
introduced by Craig and Jane Wise, advisors to the group.
At 7:12 p.m. Mr. Lohrer declared open a public hearing on Ordinance No.
O-30-02. Richard Hildebrand, 485 N. Dorset, expressed his concern about
increased storm water into the ditch that runs under the interstate and then
behind his property. Mr. Anderson stated that the developer would be
required to construct a detention pond to contain the water and then release
it slowly as the ditch water recedes. Mr. Hildebrand stated he felt there is
a leak in the storm pipe at the end of North Road that needs to be
investigated, and he has observed that the water that now flows in the ditch
has exceeded the ditch capacity.
Clifford Khouri, 2500 Kettering Tower, for the applicant commented:
.The applicant hired traffic engineers to come up with a design to assist
with the traffic pattern in the area. They had wanted to work with Wal-Mart
in dealing with the entrance; however, that has not happened at this point.
The plan does include connecting to existing ingress/egress to provide a way
around the shopping center and to the apartments other than West Main to
Experiment Farm Road.
.The peak traffic periods of the apartments will not be the same as the
retail permitted by the current zoning, as the current zoning could have a
more intense traffic/vehicle possibility, as 1,000 parking spaces would be
required to handle businesses.
. Mike Oxner, engineer for the applicant, explained that the storm water
detention system designed for this project must control the runoff.
There being no further comments, at 7:30 p.m., Mr. Lohrer declared this
public hearing closed.
MINUTES: The Clerk gave a summary of the September 3, 2002 meeting of
Council. There were no corrections or additions in this regard, and upon
motion of Mrs. Baker, seconded by Mr. Beamish, these minutes were approved
by unanimous roll call vote.
COMMITTEE REPORTS:
BUILDINGS, STREEETS & SIDEWALKS. Mrs. Baker, Chairman, reported that
Committee recommends legislation be prepared authorizing the bidding for
repairs to the salt storage bin at a cost not to exceed $50,000.
Report signed by Bretland, Cultice and Baker.
FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends
legislation be prepared as an emergency measure accepting the rates of tax
to be levied on the general duplicate for collection in 2003 for both the
Troy and Miami East School Districts, with the legislation requested as an
emergency measure as the acceptance must be returned to the County by
October 1. 2) Committee recommends legislation be prepared approving a loan
from the Downtown Building Repair Loan Program in the amount of $71,627.40
to Mary Ellen Nilsen for improvements to 18 N. Market Street, with the loan
term of 10 years at 3% interest with interest only payments the first year.
Reports signed by Cultice, Mercer and Beamish.
Mr. Beamish gave an oral report that the Committee has met to review the
status of the 2002 revenues/expenditures in preparation for the 2003 budget,
and thanked those who participated.
9-16-02 Page Two
LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee
recommends legislation be prepared ratifying the Miami County Solid Waste
Management Plan Update. 2) Committee recommends Ordinance No. O-39-02 be
approved, approving a Planned Development for 12.171 acres of a 66 acre
tract located off Experiment Farm Road, generally behind the new Kohl's
store. Committee further noted that unless information is provided at the
9-16 public hearing that would provide new or different information,
Committee supports approval of the Ordinance on 9-16.
Reports signed by Beamish, Mercer and Saxton.
Discussion. Mr. Beamish ask that how to handle truck traffic/parking be
considered for this development, with Mr. Anderson responding that with the
roadway to be constructed as three lanes (2 driving, 1 turn), there is no
room for the trucks to park.
RESOLUTION NO. R-60-02
RESOLUTION APPROVING THE MIAMI COUNTY SOLID WASTE MANAGEMENT PLAN UPDATE.
This Resolution was given first title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion
seconded by Mr. Cultice.
Yes: Mercer. Beamish, Cultice, Wise, Baker, Bretland and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish.
Yes: Beamish, Cultice, Wise, Baker Bretland, Saxton and Mercer.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-61-02
RESOLUTION APPROVING THE APPLICATION OF MARY ELLEN NILSEN FOR ASSISTANCE
FROM THE CITY OF TROY'S DOWNTOWN BUILDING REPAIR LOAN PROGRAM
This Resolution was given first title reading.
Mr. Beamish moved for suspension of rules requiring three readings. Motion
seconded by Mr. Mercer.
Yes: Cultice, Wise, Baker, Bretland, Saxton, Mercer and Beamish.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker.
Yes: Wise, Baker, Bretland, Saxton, Mercer, Beamish and Cultice.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-62-02
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 REPAIR
OF SALT STORAGE BIN AT THE CENTRAL MAINTENANCE AND SERVICE FACILITY
This Resolution was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion
seconded by Mr. Bretland.
Yes: Baker, Bretland, Saxton, Mercer, Beamish, Cultice and Wise.
No: None.
Mr. Wise moved for adoption. Motion seconded by Mrs. Baker.
Yes: Bretland, Saxton, Mercer, Beamish, Cultice, Wise and Baker.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-63-02
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2003 AS DETERMINED BY THE BUDGET COMMISSION AND
CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
9-16-02 Page Three
Mr. Mercer moved for suspension of rules requiring three readings. Motion
seconded by Mr. Wise.
Yes: Saxton, Mercer, Beamish, Cultice, Wise, Baker and Bretland.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Beamish.
Yes: Mercer, Beamish, Cultice, Wise, Baker, Bretland and Saxton.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-64-02
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2003 AS DETERMINED BY THE BUDGET COMMISSION AND
CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Beamish moved for suspension of rules requiring three readings. Motion
seconded by Mrs. Saxton.
Yes: Beamish, Cultice, Wise, Baker, Bretland, Saxton and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Cultice, Wise, Baker, Bretland, Saxton, Mercer and Beamish.
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.
ORDINANCE NO. O-39-02
ORDINANCE CHANGING THE ZONING OF PART OF INLOTS 6046 AND 6047 IN THE CITY OF
TROY, OHIO, FROM B-2, GENERAL BUSINESS DISTRICT, AND ADOPTING A PLANNED
DEVELOPMENT
This Ordinance was given first title reading on 9-3-02.
Given public hearing and second title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion
seconded by Mrs. Baker.
Yes: Wise, Baker, Bretland, Saxton, Mercer, Beamish and Cultice.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish.
Yes: Baker, Bretland, Saxton, Mercer, Beamish, Cultice and Wise.
No: None. ORDINANCE ADOPTED
COMMENTS OF MAYOR. Mayor Jenkins commented that he has been involved in
planning regarding the State's Bicentennial and he was pleased with
community activities for the first anniversary of September 11, 2001.
COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented: 1)
Information on the sidewalk program is on the City's website. He noted that
it is a requirement of the ORC that property owners keep their sidewalks in
good repair and when the property owner does not do so, the City must
require the work to be done. 2) Within a few weeks, there will be more
information on proposed changes to Public Square traffic patterns, and he
will provide Council with information as it becomes available. Mr. Anderson
did note that probably traffic changes will be done first to allow drivers
to adjust to those changes and then any pedestrian changes would be
considered.
9-16-02 Page Four
COUNCIL COMMENTS:
-Mrs. Baker asked if Council would be advised of the changes regarding the
public square traffic changes prior to the information being in the paper.
Mr. Anderson stated that Council would receive the information first.
-Mr. Mercer asked why Sherwood and Westbrook were selected to be the first
phase of the sidewalk program. Mr. Anderson commented that a frequency
analysis was performed and it was found that there is more frequency of dis-lodged
concrete in those two sections of town. He further commented that after the
first phase is complete, the next phase will be around schools and fan out
from there.
-Mr. Mercer suggested information on the sidewalk program be part of public
access information. Mr. Anderson said the project has been discussed as part
of the City's programs, and will be part of the City newsletter that is
nearly ready to be published.
-Mr. Mercer asked if the letters have gone to the property owners regarding
the hearing on the rezoning of the Yates property, and it was stated the
letters are ready to be mailed 9-17.
-There was a discussion regarding some citizens who do not feel they access
to information, such as the large vehicle parking restrictions. However,
with some of those same citizens commenting that they do not avail
themselves of the standard sources of information (newspaper, web pages,
etc.) it is difficult to provide another avenue.
AUDIENCE COMMENTS:
-Mr. Cochran, President of the Troy Development Council, reminded Council of
the meeting with the TDC set for September 23.
-Mary Ellen Nilsen thanked Council for approval of R-61-02.
-Bus Allen, resident of the Morris House, expressed concern about bicycles
and skateboards on sidewalks in the downtown.
-Carrie Walters, Director of Troy Main Street, noted that with the loan to
Ms. Nilsen, nearly all the funds available for the Downtown Building Repair
Loan Program loans have been depleted and she is pleased to see the interest
generated to further assist with downtown improvements. Ms. Walters also
thanked the Mayor and the Administration for the enthusiasm about proposed
downtown plans.
There being no further business, the meeting adjourned at 8:23 p.m.
_________________/s/______________ _________________/s/__________________
President of Council
Clerk of Council |