| June 16, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 16, 2003, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Cultice, Mercer, Saxton and Wise. Upon motion of Mr. Cultice, seconded by Mrs. Saxton, Mr. Bretland 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 W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION: given by Council member Saxton. MINUTES: The Clerk gave a summary of the June 2, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Baker, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREET & SIDEWALKS. Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the tree replacement portion (purchase/planting of trees) for Phase I of the sidewalk replacement program at a cost not to exceed $150,000. 2) Committee recommends legislation be prepared levying the final assessments for the Downtown Sidewalk Program (Streetscape) Phase II in the amount of $81,312.30. Committee asked the Administration to provide options regarding extending some elements of the streetscape improvement out an additional block from the Public Square on East and West Main Streets and South Market Street. 3) Committee recommends filing of an application for the City’s FY 2003-2004 Formula Grant CDBG funds, in the amount of $111,000 for the following, with legislation not presented until the first meeting in July after a second, and required, public hearing: $25,000 Final Phase (V) of the window replacement project for the THOU project. $61,000 Downtown Revitalization – alley improvements, storm drainage and paving. $15,000 Downtown Revitalization – additional funding for the Downtown Building Repair Loan Program to fund 2 additional roof repairs or façade improvements for qualified applicants. $ 1,000 Annual allocation to the Miami County Fair Housing Board. $ 9,000 Program Adm. – consultant for proper application processing/review/management Reports signed by Cultice and Baker. FINANCE. Mr. Beamish, Chairman, reported that Committee has reviewed the economic development tool of Tax Increment Financing (TIF) District, which procedures identifies a specific district and requires an agreement with a developer, whereby the City may up-front costs of an infrastructure improvement to spur development of an area, and through the arrangements of a TIF, funds that would have paid property taxes on the development are placed in a special fund to pay back the cost of the improvement until the improvement costs are satisfied, at which time the property taxes are collected as normal. Under a TIF, property owners pay the same amount they would in property taxes, there is no abatement. The TIF agreement can also be crafted so that a local school district does not suffer any lost revenue through the procedure. It can further be crafted to give the City some degree of control over the types of businesses/industries that can locate within a TIF District. Committee supports the concept of a TIF. Committee was also advised that the developer of the area behind Wal-Mart is interested in a TIF agreement for roadway improvements; however, the details of the agreement are not worked out to the detail to be presented for legislative action. The Committee anticipates meeting on a specific agreement soon. (Copy of entire report attached to original minutes.) Report signed by Cultice, Mercer and Beamish. LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared accepting the final plat of Hunters Ridge Section One, the dedication of right-of-way within the plat, and the acceptance of $3,199.05 of fees in lieu of dedicated parkland for the section. Committee noted that if parkland is dedicated with a future section of the Plat, the fees may be refunded. Report signed by Beamish, Mercer and Saxton. 6-16-03 Page Two SAFETY & HEALTH COMMITTEE. Mr. Cultice, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for a grass fire truck for the Fire Dept. at a cost not to exceed $70,000. Report signed by Baker and Cultice. COMMITTEE OF THE WHOLE REGARDING TELEVISING OF COUNCIL MEETINGS. A report was read by Mr. Beamish indicating that as a Committee of the Whole, Council had again discussed the issue of televising Council meetings. Council had requested, and received, information regarding cost of equipment/cameras, with the costs provided in a manner that could have phased the purchase of the equipment. Some Council members expressed concern that without televising Committee sessions, an incomplete perception may be given to the citizens regarding the study that goes on in the considering of issues. Council members Baker and Bretland supported televising of Council meetings for at least a trial period with minimal equipment. Council members Beamish, Cultice, Mercer, Saxton and Wise indicated they did not support televising of Council meetings at this time based on the information discussed. (Copy of entire report attached to original minutes.) Report signed by Baker, Beamish, Cultice, Mercer, Saxton and Wise. Comments: Mrs. Saxton ask that the record reflect that she had concerns about the total cost, especially as not all costs are known. RESOLUTION NO. R-41-03 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 GRASS FIRE TRUCK 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, Cultice, Baker, Wise and Beamish. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Mercer, Cultice, Baker, Wise, Beamish and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-42-03 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 TREE REPLACEMENT PORTION OF THE REFORESTATION/SIDEWALK REPLACEMENT PROGRAM This Resolution was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Cultice, Baker, Wise, Beamish, Saxton and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Baker, Wise, Beamish, Saxton, Mercer and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-37-03 ORDINANCE ACCEPTING THE FINAL PLAT OF HUNTERS RIDGE SECTION ONE IN THE CITY OF TROY, OHIO, DEDICATING A RIGHT OF WAY AND ACCEPTING FEES IN LIEU OF DEDICATED GREEN SPACE This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Wise, Beamish, Saxton, Mercer, Cultice and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Beamish, Saxton, Mercer, Cultice, Baker and Wise. No: None. ORDINANCE ADOPTED 6-16-03 Page Three ORDINANCE NO. O-38-03 ORDINANCE LEVYING ASSESSMENTS FOR SIDEWALKS This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Saxton, Mercer, Cultice, Baker, Wise and Beamish. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Cultice. Yes: Mercer, Cultice, Baker, Wise, Beamish and Saxton. No: None. ORDINANCE ADOPTED SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson showed Council the Pinnacle Award from the City’s insurance pool, the Miami Valley Risk Management Assoc, which Troy achieved for receiving 100 score on the Safety Performance Evaluation Checklist (SPEC) program. Mr. Anderson further commented that Troy has over four thousand visitors (June 15-17) who are participating in GOBA (Great Ohio Bicycle Adventure), and who seem to be enjoying their two-night stay in Troy. Mr. Anderson introduced Tom Bukovitch, a Council member from the City of Marietta, Ohio, who was participating in GOBA. Mr. Bukovitch commented that the Troy welcome of the GOBA participants has been outstanding. He also commented that he sees similarities in issues between Troy and Marietta – Marietta established a TIF recently and decided to televise Council meetings, which has opened up communication, but has also provided a format for persons who just like an opportunity to express opinions on television. COUNCIL PRESIDENT COMMENTS: Mr. Lohrer asked about the update of the BOCA Code, and the Development Director stated code changes are under review to determine any action needed. Mr. Lohrer stated that he and several members of Council were called to 1324 Covent Road over the past weekend because of a basement sewer backup, and asked about City responsibility. Mr. Anderson advised that often such situations are the responsibility of the home owner. Mrs. Baker asked about the City maintaining a list of persons who do cleanup when situations occur, and the Public Works Director advised that lists are maintained, in this case he gave names to the son of the property owner, but the City cannot require response by a private contractor. Mr. Leffel stated the City crew also responded to the address, and noted that the old sewers in back yards in Westbrook have been a problem. Mr. Anderson suggested that in the next budget process, funding for an additional jet vac, for routine maintenance, and the staff to run the equipment may need a closer review. COUNCIL COMMENTS: -Mrs. Baker asked if something can be done to stop the delivery of The Advocate (a weekly publication) to residences where it is unsolicited and delivered in such a way as it litters yards, streets and driveways, and the property owner may be held at fault for littering. Mr. Anderson stated this would be reviewed with the Director of Law, however, the delivery of such publications may be protected as “free speech” so it would probably not be possible to halt the delivery and, while the property owner has an obligation to keep a property in good repair, the inappropriate delivery of the publication may not be littering. Mr. Mercer asked Mr. Anderson to send a letter to the publication stating the concerns raised. -Mrs. Saxton noted the opening of Lock 13 of the Recreational Trail. -Mr. Beamish complimented the Auditor and his staff for their work on the Audit and CAFR. AUDIENCE COMMENTS: Elmer Jordan, 2586 Brookview, noted that it is possible to travel from Troy to Tipp City on Recreational Trails. Marigold Dewey, 310 Flora Ave., asked Council to consider changing the Ordinance provisions that limit animals to three in a household. She further commented: people are willing to take in animals that would be put to sleep otherwise and these persons should not be punished if they take in more than three animals; it is not the business of the City how many animals a person has if the animals are being taken care of; the provision makes it possible for a property owner to make trouble for a neighbor; an overzealous administrator could make trouble and make people get rid of animals they love; and persons should not be punished or become “law breakers” for taking in extra animals. 6-16-03 Page Four Charles Karnehm, 753 Glouchester Rd., coach of the Lady Trojans Fast Pitch ball team, and several team members, presented a plaque to the City in appreciation for the City renovating the fast pitch diamond on Staunton. Mr. Karnehm particularly thanked Council, Park Board President Joe Reardon, and Park Dept. Superintendent Tim Mercer. Mr. Karnehm stated the Troy team wont the Greater Western Ohio League for the first time in 18 years. He further commented that the Piqua team lost their fast pitch field and the Piqua coach has said what Troy now has is exactly what they want. Kristy Kendall, representing the Troy Independence Day Committee, thanked the City for the continued support for this event and the fireworks and advised Council of the following Independence Celebration events: fireworks and celebration on levee 6-28 Troy Dixie at Duke, drive in movie at Duke Park. 7-4 Levee events starting at 6 p.m., parade at 8 p.m., fireworks at 10 p.m., followed by moon light volley ball. Earl Reives, representing DP&L, provided an update on recent DP&L actions, commenting that DP&L has implemented a new automated phone system for persons to use during power outages that will handle thousands of calls without the caller getting a busy signal and provide an update on outages; their customers can speed pay by check or credit card on line or by phone; regarding generation, there no reason to be concerned about supply/service this summer; regarding deregulation, DP&L has asked the PUCO to permit them to continue the current rates, frozen since 1994, through 2005; since January 2001 customers have been permitted to use another generation supplier if another supplier could provide lowers rates, but no supplier has lower rates; and DP&L is a sponsor of the “Inventing Flight 2003 Celebration”, celebrating 100 years of powers flight. Mr. Mercer asked about where persons are dispatched from if there is a power outage, and Mr. Reives stated the dispatch call is out of Dayton, but the responders are local. Mr. Chuck Fox, Executive Director of Troy Main Street, stated that the GOBA event has been very successful, people have been complimentary, and over 1,000 attended a concert downtown on June 15. There being no further business, the meeting adjourned at 8:25 p.m. ________________/s/_______________ _______________/s/____________________ President of Council Clerk of Council |