| October 20, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 20, 2003, 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 Serviced & Safety W. McGregor Dixon, Jr., Director of Law Presentation: was made to outgoing members of the Mayor’s youth council and the incoming members were introduced. A unit commendation and special recognition was given to the shift of Fire Platoon Commander Doug Lamka, recognizing the efforts of his shift in the recent fighting of three fires. As that shift is on duty this date and all shift members could not leave the fire stations, certificates will be given to all members of the shift at a later date. It was also noted that Platoon Commander Lamka had been the main author of the information that resulted in former Fire Chief Robert M. Counts being inducted into the Firefighter Hall of Fame. The Mayor read a letter noting the heroic efforts of Police Officers Madigan and Hartman, in helping to remove residents from a recent apartment fire. A presentation will be made to these officers at a Council meeting following their tour on the third shift. Members of Council made complimentary comments regarding the work of all police officers and fire fighters. MINUTES: The Clerk gave a summary of the October 6, 2003 meeting of Council. There were no corrections or additions, and 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 that Committee recommends legislation be prepared approving the Issuance of Bonds for the Tax Increment Financing Agreement related to the construction of Towne Park Drive noting that the legislation will reference a TIF agreement regarding Harson Investments being responsible for Debt Service Deficiency payments by establishing a Reserve Fund Escrow Agreement that the City may access should any deficiency payments be required. Report signed by Cultice, Mercer and Beamish. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared in support of Troy Main Street’s application as an Ohio Main Street program, which support has no financial obligation for the City. 2) Committee recommends the rezonings covered in Ordinances No. O-49-03, O-50-03 and O-51-03 be approved. Reports signed by Beamish, Mercer and Saxton. PERSONNEL: Mr. Wise, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared establishing the cap for contribution to the group health insurance plan by non-union employees at 20% of the total premium effective Nov. 1, 2003. 2) Committee supports the reappointment of Ruth Barney to the Board of Park Commissioners for another 3-year term ending 7-16-06. Reports signed by Baker, Beamish and Wise. Upon motion of Mr. Beamish, seconded by Mrs. Baker, by unanimous roll call vote, the reappointment of Mrs. Barney was approved. RECREATION & PARKS. Mr. Bretland, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing filing of a grant application to the US EPA Watershed Initiatives Grant Fund that, if approved, the fund would be used to purchase approximately two acres on North County Road 25A. The property is the location of the old tourist cabins across from the Animal Shelter. The structures would be torn down, septic tanks and dry wells removed, and parkland overlooking the river established. Committee noted that, if approved, additional City funds would be required to complete the project. 2) Committee supports the basic location of a new aquatics facility to be located in the general area of the current municipal swimming pool (behind the Hobart Arena), as recommended by the Aquatics Facility Committee, the Board of Park Commissioners, and the Recreation Board. As this report does 10-20-03 Page Two not require legislation, so that design can continue, a motion was made by Mrs. Saxton, seconded by Mr. Cultice, that Council accept the report of the Recreation & Parks Committee dated 10-16-03 on the subject “site of new aquatics facility”. Motion approved by unanimous roll call vote. (Note: Council member Wise was called away from the meeting for a short while, prior to the vote on this item. A motion was made by Mr. Mercer, seconded by Mr. Bretland, and passed by unanimous vote to excuse Mr. Wise.) Report signed by Saxton, Wise and Bretland. Discussion: Mr. Bretland stated he had conferred with Park Board Member Alan Kappers as he initially had concerns about a City owned park located outside the City, and now supports the park concept as there could be other things placed on this parcel of land that he would not like to see, such as a hamburger stand. Audience Comments on Committee Reports: Mr. Fox, Director of Troy Main Street, asked if the Resolution supporting the Ohio Main Street designation, R-70-03, should be emergency due to an end of the month filing date. Mr. Dixon stated it would not necessarily be required, but could be done if Council wished. It was decided to read R-70-03 with the Emergency requirement. - Harold Waters of the Ohio State Extension Office in Miami County stated that agency will be partnering with the City if the grant (contained in R-71-03) is approved. At 7:40 p.m. Mr. Wise returned to the Council meeting. RESOLUTION NO. R-70-03 RESOLUTION ENDORSING THE TROY MAIN STREET APPLICATION AS AN OHIO MAIN STREET COMMUNITY 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: Wise, Beamish, Baker, Saxton, Cultice, Bretland and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Beamish, Baker , Saxton, Cultice, Bretland, Mercer and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-71-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN APPLICATION WITH THE MIAMI CONSERVANCY DISTRICT INNOVATIVE WATERSHED PROTECTION PILOT PROGRAM This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Baker, Saxton, Cultice, Bretland, Mercer, Wise and Beamish. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Saxton, Cultice, Bretland, Mercer, Wise, Beamish and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-72-03 RESOLUTION AUTHORIZING PAYMENT OF A PORTION OF HEALTH INSURANCE PREMIUMS FOR EMPLOYEES NOT COVERED BY COLLECTIVE BARGAINING AGREEMENTS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Baker, Saxton, Cultice, Bretland, Mercer, Wise and Beamish. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Cultice, Bretland, Mercer, Wise, Beamish and Baker. No: None. RESOLUTION ADOPTED 10-20-03 Page Three ORDINANCE NO. O-49-03 AN ORDINANCE CHANGING ZONING FOR INLOT 8950 IN THE CITYOF TROY, OHIO FROM COUNTY R-1AA, ONE FAMILY RESIDENTIAL, TO CITY R-4, SINGLE-FAMILY RESIDENCE DISTRICT AND INLOT 9110 IN THE CITY OF TROY, OHIO FROM COUNTY F-1 FLOOD PLAIN, A-2 AGRICULTURE, AND R-3 MULTI-FAMILY RESIDENTIAL DISTRICTS TO R-4 SINGLE FAMILY RESIDENCE DISTRICT. This Ordinance was given first title reading on 9-15-03. Given second title reading on 10-6-03. Given third title reading. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Cultice, Bretland, Mercer, Wise, Beamish, Baker and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-50-03 AN ORDINANCE CHANGING ZONING FOR INLOT 9109 IN THE CITY OF TROY, OHIO FROM COUNTY A-2 AGRICULTURE TO CITY A-R AGRICULTURE-RESIDENTIAL DISTRICT, INLOTS 9071 AND 9075 IN THE CITY OF TROY, OHIO, FROM F-1 FLOOD PLAIN TO CITY A-R AGRICULTURE-RESIDENTIAL DISTRICT, INLOTS 9072 AND 9073 IN THE CITY OF TROY, OHIO, FROM COUNTY F-1 FLOOD PLAIN TO CITY WO WELLHEAD OPERATION DISTRICT, AND INLOT 9074 IN THE CITY OF TROY, OHIO, FROM F-1 FLOOD PLAIN TO CITY A AGRICULTURAL DISTRICT. This Ordinance was given first title reading on 9-15-03. Given second title reading on 10-4-03 Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Bretland, Mercer, Wise, Beamish, Baker, Saxton and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-51-03 AN ORDINANCE CHANGING ZONING FOR OUTLOTS 1, 2, 20 AND 21, INLOTS 605-610, 945-948, 2392-2396, 2398-2403, AND PART OF INLOT 2397 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL ZONING, TO R-5, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 9-15-03. Given second title reading on 10-6-03. Given third title reading. Mr. Bretland moved for adoption. Motion seconded by Mr. Wise. Yes: Mercer, Wise, Beamish, Baker, Saxton, Cultice and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-53-03 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL OBLIGATION BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $2,200,000 FOR THE PURPOSE OF PAYING COSTS OF CONSTRUCTING AN EXTENSION TO TOWNE PARK DRIVE, INCLUDING ANY NECESSARY EXCAVATING, GRADING, PAVING, CONSTRUCTION AND INSTALLING CURBS AND GUTTERS, PUBLIC UTILITIES WHICH INCLUDE WATER MAINS, SANITARY SEEWERS, AND STORM SEWERS, STREET LIGHTING, SIDEWALKS, BIKEWAYS, LANDSCAPING, TRAFFIC SIGNALIZATION, ACQUIRING ANY INTERESTS IN REAL PROPERTY, TOGETHER WITH ALL RELATED APPURTENCES AND DECLARING AN EMERENCY This Ordinance was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Beamish, Baker, Saxton, Cultice, Bretland and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Beamish, Wise, Mercer, Cultice, Saxton, Bretland, Baker and Beamish. No: None. ORDINANCE ADOPTED 10-20-03 Page Four COMMENTS OF THE MAYOR: -The Mayor thanked Chief Phelps, officers and detectives of the Troy Police Department, the Director of Law, the County Prosecutor, and the Service & Safety Director for all the work involved, and Judge Welbaum for the favorable decision of the closing of Total Xposure (a nude dancing facility). -The Mayor noted that with the traffic pattern change for the Public Square a year ago, there are considerably fewer accidents. -Regarding the trade mission to the Pacific Rim, the Mayor stated it was an excellent trip and one that he feels will be valuable to the City of Troy. The Mayor encouraged future leaders to continue these trade missions. -The Mayor commended the 9 local landscape companies as the extreme example of true volunteerism for the work on Operation Cloverleaf. These companies have volunteered staff and equipment to maintain and improve the aesthetics of the SR41 interchange. The Mayor stated this shows how much the companies love Troy. Mr. Mercer said it is amazing what people will do if you ask them, and stated there are over 18 acres of turf to be mowed on a weekly basis, there are over 100 trees to care for, and over 1,000 tulip bulbs have been ordered and will be planted for blooming in the spring. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented: 1) Some of the businesses visited in Japan on the Trade Mission are also locating in China due to lower labor costs. 2) Trade mission visited focused on 80% retention, 20% expansion. 3) The aquatics survey is online so citizens can provide input regarding a new pool. 4) Mr. Dixon, Director of Law, and County Prosecutor Nasal are to be commended for all the work on the closure of Total Xposure. COUNCIL COMMENTS: Mrs. Baker suggested there be a more comprehensive pool survey in the next Newsletter; she appreciated reading the communication between the City and the Historical Society; and feels it is good for Troy Main Street to be aligned with Ohio Main Street. Mrs. Saxton also stated she was glad to see the cooperation between the City and the Historical Society. Mr. Mercer asked about the demolition of 1611 W. Main and was advised it would not be earlier than the middle of this week. Regarding reporting a street light out, it was said a number of City offices can be called including the Police Dept. AUDIENCE COMMENTS: Jessica Minesinger, who serves on the Board of CASA of Miami County, invited Council to the annual fundraiser on Oct. 25. Mr. Tom Tingley, Director of the Troy REC, provided Council with an update regarding the REC. He stated this is a busy time; the coffee shop has a new focus for all high school students, has been renovated, has been renamed Second Story, there are 50 – 60 utilizing Second Story each Saturday, and plans are to operate it year round; they are averaging 250-300 junior high students per dance. Regarding the Trade Mission, Mr. Cochran, Director of the Troy Chamber of Commerce and Troy Development Council, stated he felt all the members of the team did an excellent job. There being no further business, the meeting adjourned at 8:24 p.m. _______________/s/_________________ __________________/s/__________________ President of Council Clerk of Council |