| July 19, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 19, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Saxton and Wise. Upon motion of Mrs. Baker, seconded by Mr.Hutchinson, Mr. Mercer was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Richard L. Cultice, City Auditor W. McGregor Dixon, Jr., Director of Law David E. Anderson, Director of Public Service and Safety INVOCATION was given by Council President Lohrer PUBLIC HEARINGS: At 7:03 p.m., Mr. Lohrer declared open the public hearing on O-30-04. . Larry Seifring, 2855 Swailes Road, expressed concerns as to who initiated this rezoning and why. It was stated it was initiated by the City to apply City zoning to land now in the City, the County zoning is residential, and the proposed rezoning (R-2) is that which most closely matches the current zoning. Mr. Siefring asked about plans for sidewalk, utilities and curb and expressed concern that there may be issues that could have a financial impact on his property. Mr. Siefring was advised that the purpose of the hearing is to hear his concerns and that the Law & Ordinance Committee will be meeting to further discuss the subject. .Billy Swindell, 2877 Swailes Road, stated he shares the concerns of Mr. Siefring. He further stated that he has had concerns about the development of the area dating from the annexation, and he would like to know the City’s long range plans for the area, including extension of utilities, when storm water management will be handled, and what was the result of the “vote” on the issue sent to the residents. Mr. Anderson advised that the plan is only to apply City zoning to this annexed land. Regarding the “vote” comment, the Development Department had sent an inquiry to the neighbors, which communication also advised them of the proposed rezoning. The Development Director stated that most owners who looked at this found little change under the proposed zoning. As to storm drainage, the Development Director stated: this was discussed extensively at the time of annexation as there were known drainage problems with the existing lots; rather than one large basin there are several small basins that intercept the farm field drainage and pipe out the water slower and all drainage elements were installed in the new development; there are houses that are below the elevation of Swailes Road and those yards hold water at times because of the elevation. .Mr. Siefring asked why the 10” of standing water was left in the development and the City Engineer advised that the City has not accepted the area because of those water concerns and those issues are still being addressed. There were no further comments in this regard, and at 7:24 p.m. Mr. Lohrer declared this public hearing closed. At 7:25 p.m., Mr. Lohrer declared open the public hearing on O-31-04. There were no comments in this regard, and at 7:26 p.m., Mr. Lohrer declared this public hearing closed. PRESENTATION: Mark Livengood re-presented the 2004 Ohio Water Environmental Assoc. Public Service award to former Mayor Peter E. Jenkins. This award id given to a current or past elected official demonstrating a significant commitment to the protection and improvement of the water environment, and recognizes that during Mr. Jenkins’ tenure as Mayor the City of Troy made a significant investment in utility associated improvements. MINUTES: The Clerk gave a summary of the July 7, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, 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 the bidding for the Phase II improvements (making the building water tight and installing new windows on the front entrance) of the Troy Marina Building at a cost not to exceed $175,000. 2) Committee recommends legislation be prepared authorizing an additional agreement with the firm of E. Lynn App Architects for additional design for the Cemetery Maintenance Building in the amount of $12,640 (for total design costs of $40,640) as the additional design was due to the City changing the location and requesting modifications to 7-19-04 Page Two the specifications for the structure to reduce the construction costs. It was noted that the additional costs should have been brought to Council sooner. 3) Committee recommends legislation be prepared authorizing the bidding for the N. Elm Street Improvement Project at a cost not to exceed $1,275,400, of which amount the Ohio Public Works Commission will fund $608,850. Committee noted that the original cost estimate was made approximately five years ago when applications had to be forwarded to the State for funding, and most of the City’s share is funded by a bond issue approved at a prior meeting. 4) Committee recommends legislation be prepared for the final assessment for the Kings Chapel Drive North project, with the property owner being billed the $362,106 cost of the project. Reports signed by Douglas, Hutchinson and Baker. AUDIENCE COMMENTS ON COMMITTEE REPORTS/AGENDA: -Jerry Stichter, 467 W. Staunton Road, asked about the parameters for the additional costs of the Cemetery Mtn. Building, how the work was billed, and could he get copies of the billings. Mrs. Baker commented that the changes were requested by the City and Mr. Anderson noted that the requested changes reduced the building cost by about $180,000. The City Engineer commented that the hourly rate of the architect was known, and copies of billings can be provided. -Debra Stichter, 467 W. Staunton Road, stated she did not see the advertisement for the Aquatic Center bid on the web site and commented that with the additional design costs for the Cemetery Mtn. Building, she is concerned about additional design costs for the Aquatic Center. The City Engineer noted that the bid is advertised in the paper and in construction publications where it will be seen by contractors and that the design costs for the Aquatic Center are within that authorized by Council. RESOLUTION NO. R-43-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN ADDITIONAL AGREEMENT WITH E. LYNN APP ARCHITECTS FOR ADDITIONAL DESIGN SERVICES This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Hutchinson, Baker, Douglas, Wise and Clark. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Douglas. Yes: Hutchinson, Baker, Douglas, Wise, Clark and Saxton. No: None. RESOLUTION ADOPTED COMMENTS: Mr. Clark commented that he is concerned about cost overruns, such as that for the design services for the Cemetery Building, and would like to see these avoided. RESOLUTION NO. R-44-04 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 NORTH ELM STREET IMPROVEMENT PROJECT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Baker, Douglas, Wise, Clark, Saxton and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Douglas, Wise, Clark, Saxton, Hutchinson and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-45-04 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 PHASE II IMPROVEMENTS TO THE MARINA BUILDING AT TREASURE ISLAND This Resolution was given first title reading. 7-19-04 Page Three Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Wise, Clark, Saxton, Hutchinson, Baker and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Saxton, Hutchinson, Baker, Douglas and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-46-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO APPLY FOR AND ENTER INTO A DARE GRANT THROUGH THE ATTORNEY GENERAL’S OFFICE This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Clark, Saxton, Hutchinson, Baker, Douglas and Wise. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Hutchinson, Baker, Douglas, Wise and Clark. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-30-04 AN ORDINANCE CHANGING ZONING FOR INLOTS 9253-9269 IN THE CITY OF TROY, OHIO, FROM THE COUNTY ZONING OF R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO THE CITY ZONING OF R-2, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 7-6-04. Given public hearing and second title reading. ORDINANCE NO. O-31-04 ORDINANCE AMENDING SECTION 1000.10680 OF THE ZONING CODE OF THE CITY OF TROY REGARDING R-3-B SINGLE FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 7-6-04. Given public hearing and second title reading. ORDINANCE NO. O-32-04 ORDINANCE OF ASSESSMENT FOR THE KINGS CHAPEL DRIVE NORTH PROJECT This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Baker, Douglas, Wise, Clark and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Baker, Douglas, Wise, Clark, Saxton and Hutchinson. No: None. RESOLUTION ADOPTED COMMENTS OF MAYOR: Mayor Beamish thanked Council for supporting the Treasure Island Project (R-45-04) to improve this part of the recreational corridor. He also stated that on July 18 he and Mrs. Baker participated in the “Women Build” Habitat for Humanity Project. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Anderson noted: several CDBG projects are nearing completion at Lincoln Community Center; the Assistant Recreation Director is to be commended for the effective handling of discipline issues at the pool, the award to Mayor Jenkins (earlier in the meeting) is also reflective of the City’s commitment to improvements to the utility systems; the volunteer Independence Day Committee is to be congratulated for their efforts on the July 4 celebration and fireworks; and applicants are still being sought for the new paint voucher program (to improve owner-occupied residential structures). 7-19-04 Page Four AUDITOR’S COMMENTS: Mr. Cultice commented that the City will be meeting with bond rating companies during the week in New York to assure that the current excellent rating is maintained and to try to even improve that rating. COMMENTS BY COUNCIL: -Mrs. Saxton commented that Lincoln Community Center will be receiving $100,000 in CDBG funds next year, and asked about the plans. Mr. Anderson stated improvements will be based on priorities of an architectural study; and it could be a multi-year project to complete all necessary work. -Mr. Clark also complimented Assistant Recreation Director Carrie Eckenrode on her efforts to enforce discipline at the pool. AUDIENCE COMMENTS: -Susan Dano, Summit Avenue, asked if the City could provide assistance regarding a large number of stray cats that are at her neighboring property. Mr. Anderson stated he would look into what provisions there may be in this regard. -Tom Kirkham, President of the Troy Police Auxiliary, updated Council regarding the community events on August 3, which is the National Night Out Against Crime and Drugs. There being no further business, Council adjourned at 8:20 p.m. _______________/s/_______________ ________________/s/__________________ President of Council Clerk of Council |