| June 21, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 21, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: Ted S. Mercer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service & Safety Richard L. Cultice, City Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION was given by Council Member Mercer. PROMOTIONS/INTRODUCTIONS: - Christopher Anderson and Joseph Long were formally promoted to the position of Police Captain. - Shawn McKinney, Richard Gumerlock and Ryan Carsey were formally promoted to the position of Police Sergeant. - New employee Christy Herman, Management Analyst, was introduced. Council member Clark, a retired police officer, congratulated the newly promoted officers and commented he found them excellent officers from his work with them. Mayor Beamish recalled the excellent working relationship he had with the newly promoted officers as a former elementary school principal MINUTES: The Clerk gave a summary of the June 7, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mr. Douglas, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing CDBG application for $111,000 for FY 2004-05 as follows: $100,000 improvements to Lincoln Community Center, $1,500 for contribution to County Fair Housing Board, $9,500 for program administration/environmental reviews. 2) Committee recommends legislation be prepared to approve a new paint voucher program applicable to single-family owner-occupied residences where applicants can apply for up to $250 for paint and primer for houses and garage to improve the house. Guidelines and procedures will be established by the Administration; Council will allocate $10,000 to this first pilot program. Reports signed by Douglas, Hutchinson and Baker. Discussion. Mrs. Saxton commented that there is a 30-day time frame to complete the work for the paint voucher program; however, an extension may be granted for certain purposes, and if the persons do not use the paint as required, they will be billed for the cost of the paint. It was noted that interested persons may contact the Planning & Development Office for additional information. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Edgewater Subdivision Section Four, dedication of right-of-way and a small parcel of additional park land. 2) Committee recommends that O-22-04 be approved, such Ordinance providing for the rezoning of 10.1445 acres on Washington Road (IL 9271) from the county zoning of A-2 to the City zoning of R-3, Single-family Residence District with minimum lot size of 15,000 sq. ft. noting that such zoning is consistent with the adjacent zoning and will provide for the extension of Parkwood Drive. Reports signed by Mercer, Wise and Saxton. UTILITIES COMMITTEE: Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared amending Codified Ordinance Section 915.05 (f) regarding pollutant loadings from permitted industries to be in compliance with what EPA has approved, with Committee noting this will not negatively impact the level of treatment required by our major industries. Report signed by Baker, Clark and Douglas. June 21, 2004 Page Two RESOLUTION NO. R-36-04 RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING THE NECESSITY OF CONSTRUCTING AND/OR REPAIRING SIDEWALKS IN THE CITY OF TROY AND DECLARING AN EMERGENCY This Resolution was given first title reading on May 17, 2004. Given second title reading on 6-7-04. Given third title reading. It was noted that the property covered by this legislation (712 W. Main Street) is under a purchase contract by a new owner and that owner has advised that he will have the sidewalks repaired without the assessment process. Mr. Douglas asked if anyone had reviewed the purchase agreement. Mr. Dixon stated that would not be done by the City, but that Probate Court must approve any sale as the owner of record had died without a will. A motion was made by Mrs. Baker to indefinitely postpone R-36-04. Motion seconded by Mrs. Saxton Yes: Wise, Baker, Mercer, Saxton, Hutchinson, Clark and Douglas. No: None. MOTION APPROVED – RESOLUTION POSTPONED INDEFINITELY RESOLUTION NO. R-39-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN 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. Clark. Yes: Baker, Mercer, Saxton, Hutchinson, Clark, Douglas and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Saxton, Hutchinson, Clark, Douglas, Wise and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-40-04 RESOLUTION ADOPTING A RESIDENTIAL EXTERIOR PAINT PROGRAM This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Hutchinson, Clark, Douglas, Wise, Baker and Mercer. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Hutchinson, Clark, Douglas, Wise, Baker, Mercer and Saxton. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-22-04 AN ORDINANCE CHANGING ZONING FOR 10.1445 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, COUNTY AGRICULTURE, TO R-3, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on May 17, 2004. Given public hearing and second title reading on June 7, 2004. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Clark, Douglas, Wise, Baker, Mercer, Saxton and Hutchinson. No: None. ORDINANCE ADOPTED June 21, 2004 Page Three ORDINANCE NO. O-24-04 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,745,000 FOR THE PURPOSE OF (I) PAYING THE COSTS OF CONSTRUCTING A CEMETERY MAINTENANCE BUILDING, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, (II) PAYING THE COSTS OF ACQUIRING AND INSTALLLING GENERATORS FOR THE MUNICIPAL WATER SYSTEM AND THE MUNICIPAL SEWER SYSTEM, TOGETHER WITH ALL NECESSARY APPURTENACES THERETO, AND (III) PAYING THE COSTS 0F CONSTRUCTING A MUNICIPAL SWIMMING POOL AND RELATED RECREATIONAL FACILITIES TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Wise, Baker, Mercer, Saxton, Hutchinson and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Wise, Baker, Mercer, Saxton, Hutchinson, Clark and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-25-04 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,340,000 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING AND REHABILITATING SANITARY SEWERS OF THE MUNICIPAL SANITARY SEWER SYSTEM, TOGETHER WITH ALL NECESSSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Baker, Mercer, Saxton, Hutchinson, Clark, Douglas and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Mercer, Saxton, Hutchinson, Clark, Douglas, Wise and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-26-04 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $605,000 FOR THE PURPOSE OF PAYING THE CITY’S PORTION OF THE COSTS OF IMPROVING AND WIDENING ELM STREET FROM MAIN STREET TO THE CITY’S CORPORATE BOUNDARY, TOGETHER WITH ALL NECESSSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Saxton, Hutchinson, Clark, Douglas, Wise, Baker and Mercer. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Clark, Douglas, Wise, Baker, Mercer and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-27-04 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $2,575,000 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING A MUNICIPAL FIRE STATION, INCLUDING THE ACQUISITION OF REAL PROPERTY AND INTERESTS THEREIN, TOGETHER WITH ALL NECESSSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. June 21, 2004 Page Four Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Douglas, Wise, Baker, Mercer, Saxton and Hutchinson. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Douglas. Yes: Douglas, Wise, Baker, Mercer, Saxton, Hutchinson and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-28-04 ORDINANCE ACCEPTING THE FINAL PLAT OF EDGEWATER SUBDIVISION SECTION FOUR IN THE CITY OF TROY, OHIO, DEDICATING RIGHT OF WAY, AND DEDICATING PARK LAND This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Wise, Baker, Mercer, Saxton, Hutchinson, Clark and Douglas. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Baker, Mercer, Saxton, Hutchinson, Clark, Douglas and Wise. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-29-04 ORDINANCE AMENDING SECTION 915.05(f) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO THE MAXIMUM ALLOWED POLLUTANT LOADINGS FROM PERMITTED INDUSTRIES This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise Yes: Mercer, Saxton, Hutchinson, Clark, Douglas, Wise and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Saxton, Hutchinson, Clark, Douglas, Wise, Baker and Mercer. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR: Mayor Beamish congratulated The Troy Chamber of Commerce for receiving a 4 – star rating, which only two Chambers in Ohio and 27 Chambers in the Country have achieved. The Mayor stated he participated in the Walkable Communities Workshop held in Troy, which workshop was to identify pedestrian barriers and help facilitate pedestrian traffic. COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY: Mr. Anderson congratulated the five newly promoted police command officers, noting that they are future leaders of the Police Department. He also stated that local churches are being contacted to see if a volunteer base can be formed to help other citizens who qualify for the paint voucher program (R-40-04) have the labor to get exterior painting done. COMMENTS BY COUNCIL: -Mr. Clark stated he was impressed with the Teen Leadership Troy program and the students involved. -Mrs. Saxton stated she felt there was a good turnout for the concert on the Square the past Friday. She asked about the final paving of Hobart Circle and was advised that will be with the paving program and the landscaping will be finished. Mr. Anderson stated needed sidewalks will be replaced in Hobart Circle. -Mr. Douglas stated as a parent of one of the teens in Teen Leadership Troy, he has been told that the City program was one of the best days the group had. -Mr. Mercer asked that the deflectors on the lights on Tim Horton’s be checked and he believes the privacy fence needs to be extended another 10’-15’; and he asked that Council be given an update on these items. June 21, 2004 Page Five AUDIENCE COMMENTS: -Kenneth Tebbe,1285 Kenton Way, thanked Council for participating in the Teen Leadership Troy Program.. -Mark Warner, 1023 W. Race St., thanked the City for building the skate board park. Mr. Clark encouraged use of the park. EXECUTIVE SESSION. A motion was made by Mr. Clark, seconded by Mrs. Baker, to recess into executive session to consider threatened litigation regarding the stadium project and contract issues. At 8:50 p.m. Council returned from Executive Session, made no further comment, and adjourned. ______________/s/__________________ __________________/s/_____________ President of Council Clerk of Council |