(return to 2003 Minutes)

July 21, 2003

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, July 21, 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 Service & Safety
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor

INVOCATION: given by Council President Lohrer.

MINUTES: The Clerk gave a summary of the July 7, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREET & SIDEWALKS. Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared to provide for the extension of Kings Chapel Drive North to connect to Corporate Drive as an assessment project, with the City funding the construction and the owner/developer paying the costs back with the property taxes over a 15-year period. This would permit the roadway to be in place so that parcels with frontage could be sold and developed more quickly. It was noted that the Resolution of Necessity and bidding authorization would not be submitted until the next meeting after the owner has the design done and a cost estimate provided.
Report signed by Bretland, Cultice and Baker.

LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared approving the final plat of the Willow Point Subdivision Planned Development, including the payment of waterline oversizing not to exceed $9,500, dedication of park land, and right-of-way dedication. (Mrs. Saxton commented that the parkland will adjoin other land for a good sized park.)
Reports signed by Beamish, Mercer and Saxton.

RECREATION & PARKS: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared as an emergency measure to increase the funding for the Stadium Renovation Project by $225,000 ($1 Million to $1,225,000) to include in the project the completion of parking areas and lighting that were not contracted for originally, and cannot be added due to the small contingency being spent on unanticipated expenses.
Report signed by Wise, Saxton and Bretland.

UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends the storm sewer projects of Dakota (Union & Walker to Crawford - $80,000) and W. Main (vicinity of Marybill Dr. - $30,000) be authorized for bidding at a total cost not to exceed $110,000.
Report signed by Saxton, Wise and Mercer.

RESOLUTION NO. R-47-03
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO INCREASE THE AUTHORIZATION AMOUNT FOR THE TROY MEMORIAL STADIUM PROJECT AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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


7-21-03 Page Two

RESOLUTION NO. R-48-03
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 STORM SEWER PROJECTS ON DAKOTA STREET AND WEST MAIN STREET

This Resolution was given first title reading.

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

INFORMAL RESOLUTION -- RESOLUTION ACKNOWLEDGING THE DONATION OF THE “SOUND CHAMBER” SCULPTURE FROM THE HOBART INSTITUTE OF WELDING TECHNOLOGY AND EXPRESSING APPRECIATION – was approved following motion of Mr. Beamish, seconded by Mr. Cultice. Mrs. Baker abstained from voting as the donor is her employer.

ORDINANCE NO. O-41-03
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE FOR PARKING LOT USE FOR THE CITY OF TROY AND DECLARING AN EMERGENCY

This Ordinance was given first title reading on 7-7-03.
Given second title reading.

Discussion. Mrs. Baker stated that Council has received comments of concern about the demolition of the residence for use as a parking lot and asked if this item could be assigned to Committee. Mr. Lohrer assigned the review of the purchase of the real property covered by O-41-03 to the Buildings, Streets & Sidewalks Committee.

ORDINANCE NO. O-42-03
ORDINANCE ACCEPTING THE FINAL PLAT OF WILLOW POINT SUBDIVISION, AUTHORIZING PAYMENT OF OVERSIZING, ACCEPTING PARK LAND AND DEDICATING RIGHT-OF-WAY IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

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

PRESENTATION. Mayor Jenkins and Mr. Anderson announced that M. Scott Walter, Operations Superintendent, has been selected as the City of Troy 2002 Employee of the Year, and a plaque was presented to Mr. Walter. Mr. Anderson presented to Chief Denney a plaque from the Miami Valley Risk Management Association recognizing the Fire Department’s zero losses for 2002 for property and liability claims.

MAYOR’S COMMENTS: Mayor Jenkins, commenting regarding the high water resulting from a number of recent severe rains, stated that the Miami Shores Golf Course is now open again and that while surface water surrounded the clear well, none of the water penetrated the clear well.

STAFF COMMENTS: Fire Chief Denney stated that the Department is now at full staff with the appointment of Wade Dexter. Firefighter Dexter commenced his training this date.

Police Capt. Roger Griffieth announced that the Troy Police Dept. would be participating in the National Night Out Against Crime event the evening of August 5, and encouraged members of Council to participate in helping the Police Department distribute information to the public.

July 21, 2003 Page Three


Karen Purk, 1125 Westridge, stated she appreciated that Ordinance No. O-41-03 was assigned for Committee review. She stated: she believes Troy can find other parking than tearing down historic properties; visitors say that Troy still has a downtown and it is a draw to the community; two historic structures have been torn down – Troy Lumber and the former Hobart Mfg. Building on Ridge Ave.; and eliminating the historic flavor of the community should not be taken lightly.

PRESENTATION BY MIAMI CONSERVANCY DISTRICT (MCD): Doug Johnson, Chief Engineer of MCD, provided a presentation regarding the effectiveness of the District’s system of dams and levees. The evidence of the effectiveness was shown during recent severe rainfalls. His comments included: nine cities are provided protection; 908 square miles drain above Troy; the Lockington Dam holds back 30% of that area; the July 4-9 rains varied over 6”-9”; the water was 36.3’ deep ahead of Locking; that was the largest quantity of water that the Lockington Dam held back, but it was only 17% of capacity of that dam; in other words the flow was at 22,000 cubic feet per second, but a flow of 70,000 cubic ft. per second is the capacity; Lockington is a dry basins with conduits that control the outlet to the river; there are no gates to control flow; the MCD dams have stood 85 years; the recent rains were the 3rd highest event through Troy in those 85 years; the design flow was based on reoccurrence of the 1913 flood plus 45% more; the July 4-9 rains were classified as an about 5-10 year storm ( what one would expect to see 5-10 times over 100 years); last similar rain/flood 1995; there are some areas that remain unprotected, including some between protected Cities which areas receive some benefit from control.

The Mayor stated he felt the County’s protections with retention basins may have helped the Fairgrounds not flood.
The Mayor also commented that the MCD permitted the City to put a new dam in about 10 years ago and he feels this has helped the River, although he also feels the river is not as deep as it was 60 years ago. The Mayor stated he understands dredging is not permitted as easily as were the repairs to the dam, and that the beauty of the river, with water flowing, adds to the beauty of the City.

Mrs. Baker asked about if Mr. Johnson could address comments that the Piqua bike path construction impacted the integrity of the levee concrete revetment. Mr. Johnson stated that the integrity of the structure was not compromised.

Raymond Favorite, 756 Skylark, stated he feels the river has changed its course (outside the City) based on high water locations, and more work is needed on the Kidder Ditch.


There being no further business, the meeting adjourned at 8:05 p.m.


_______________/s/________________ _________________/s/__________________
President of Council                               Clerk of Council