MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, March 7, 2005, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
David E. Anderson, Director of Public Service and Safety
W. McGregor Dixon, Jr., Director of Law

INVOCATION was given by Rev. Carpenter of St. John’s United Church of Christ.

PUBLIC HEARINGS.
At 7:03 p.m., Mr. Lohrer declared open a public hearing on Ordinance No. O-7-05, amending Ordinances regarding changeable copy signs. There were no comments in this regard, and at 7:04 p.m., Mr. Lohrer declared this hearing closed.

At 7:05 p.m., Mr. Lohrer declared open a public hearing on Ordinance No. O-8-05, the rezoning of IL 9304.
-Jessica Minesinger, applicant, 1204 Archer Drive, commented that: the land was previously proposed for a rezoning that was the subject of a referendum; the former owners sold it but wanted it to be developed by a local concern; she has met with neighbors to discuss differences from the prior rezoning; this will be a Planned Development that runs with the land as a contract with the community and cannot be changed without Planning Commission and Council review and approval; there is higher control over the developer; the streets would be public and dedicated to the City; 122 lots (25% density reduction from prior rezoning); five acre retention pond (3 times that required) to help retain water from the north; developer will develop a four-acre private park maintained by the home owners association; over 12 acres of open space proposed; to help alleviate neighbors’ drainage concerns, she hired another engineer to review plans and provide neighbors assurance that the plan was good to make drainage issues better as there will be a 75% reduction in the speed of the water being released; an outline of the drainage plan has been given to the City to be included with the approving Ordinance; a Peebles Road resident had concerns about “rooftops” being seen, so a 6’ tree screen has been added to the plan; she met with the Concord Twp. Trustees to advise them of the plan; she has offered to be part of a storm water task force proposed by Mrs. Campbell (one of the Concord Twp. Trustees); she believes that as a local builder involved in the community, she will be held to a higher standard; density is 2 houses to the acre.
-Mrs. Saxton asked about price of homes and Mrs. Minesinger advised that the price range will be $200,000 - $300,000.
-Mr. Clark asked about stress on the school system and police and fire services. Mrs. Minesinger stated that developers will pay for infrastructure, there should be an 8-10 year build out, so services should not be quickly impacted.
-Alton Ording, 3254 W. SR 718, stated he owns the land to the west and north of that proposed for rezoning, and asked the Director of Law if the City is as liable as the developer when he is flooded as a result of this development. Mr. Dixon stated he would discuss this if Mr. Ording would call him.
-Tom Ziegler, 3326 SR 718, has concerns about additional runoff from development, feels the water will go down Wilson Road or SR 718, suggested the drainage tiles be fixed before there is development, he gets flooded now and does not want to see the situation worsen.
-John McCarthy, 2890 Peebles Rd., stated he opposes the rezoning, the neighbors have a lot of runoff now and this would make it worse and damage homes and properties, he has been working with the Township and City on flooding concerns, the city’s engineers have said they don’t know what to do and the Township has said it can’t spend money on private property without an easement, water has eroded the base of a DP&L power pole; the Township has redirected thousands of gallons of water across his property, and the Township can only fix the problem at resident’s cost.
-Lester Conard, 1210 S. Clay Street, feel it is imperative that Council pay attention to what it is doing, the development of this land has already been turned down and he wonder when Council will pay attention to the people and their vote.
There were no further comments in this regard, and at 7:28 p.m., Mr. Lohrer declared this hearing closed.

PRESENTATION: Mayor Beamish presented a proclamation to Scott Miller recognizing March as American Red Cross month.

March 7, 2005 Page Two

MINUTES: The Clerk gave a summary of the February 22, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
Buildings, Streets and Sidewalks Committee: Mrs. Baker, Chairman, reported that Committee recommends the emergency preliminary legislation be approved authorizing the Ohio Department of Transportation for the relocation of Washington Road with SR 41, which will be a 2008 project. Committee further recommends legislation be prepared authorizing an agreement with Miami County to be the lead agency for the design of the Washington Road relocation.
Report signed Douglas, Hutchinson and Baker.

Finance Committee: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to sell a number of excess police cruisers. 2) Committee recommends emergency legislation be prepared authorizing a payment to the Staunton Grange in the amount of $65,000 for 3.5 acres of ground on North Market Street for a fire station. Committee noted that there will be other associated costs, including the City providing parking lot improvements and extension of utilities. The Grange will be retaining their building and will continue to use the property as a grange.
Reports signed by Douglas, Wise and Mercer.

Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared supporting the ownership of Staunton Commons I submitting a grant application for funds to rehabilitate the housing unit that is rented to low income tenants. Committee noted that the Resolution of Support does not involve the use of City funds. 2) Committee recommends legislation be prepared approving the application of Harold Hines to have 25.145 acres of land on Lytle Road remain in an agriculture district. Committee noted this is the third such application.
Reports signed by Mercer, Wise and Saxton

CITIZEN COMMENTS ON COMMITTEE REPORTS/AGENDA
Debra Stichter, 467 W. Staunton Road, asked Mr. Douglas if information had been provided about additional costs to the City associated with purchase of land for a fire station. Mr. Anderson stated that information had just been compiled and was ready to be distributed to Council. Mr. Douglas noted that as there was no legislation on this subject, it was only needed prior to the next meeting.


RESOLUTION NO. R-6-05
RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR LOUNGE CHAIRS FOR THE TROY AQUATIC PARK

This Resolution was given first title reading on February 7, 2005.
Given second title reading on February 22, 2005.
Given third title reading

Mr. Wise moved for adoption. Motion seconded by Mr. Hutchinson.
Yes: Wise, Baker, Saxton, Douglas, Hutchinson, Clark and Mercer.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-7-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH OHIO GOVERNMENTAL FINANCIAL MANAGEMENT, INC.

This Resolution was given first title reading on February 7, 2005.
Given second title reading on February 22, 2005.
Given third title reading

March 7, 2005 Page Three

RESOLUTION NO. R-10-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH POGGEMEYER DESIGN GROUP, INC. FOR ADDITIONAL SERVICES ASSOCIATED WITH THE STADIUM RENOVATION PROJECT AND DECLARING AN EMERGENCY

This Resolution was given first title reading on February 22, 2005.
Given second title reading.

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

RESOLUTION NO. R-11-05
RESOLUTION AMENDING ENTERPRISE ZONE AGREEMENT #27 FOR THE PURPOSE OF ADDING NEW EDITION HOMES, INC AS A PARTY TO THE AGREEMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE THE AMENDMENT AND RELATED DOCUMENTS

This Resolution was given first title reading on February 22, 2005.
Given second title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Douglas, Hutchinson, Clark, Mercer, Wise, Baker and Saxton.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Mercer.
Yes: Hutchinson, Clark, Mercer, Wise, Baker and Saxton.
Abstain: Douglas (to avoid the appearance of a conflict of interest as his employer is working with the Enterprise
Zone holder)
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-12-05
RESOLUTION APPROVING THE APPLICATION OF HAROLD A. HINES TO PLACE LAND IN AGRICULTURAL DISTRICT

This Resolution was given public hearing and first title reading on February 22, 2005.
Given second title reading.

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

RESOLUTION NO. R-13-05
RESOLUTION DECLARING THAT THE CITY OF TROY SUPPORTS THE REDEVELOPMENT OF THE REAL PROPERTY KNOWN AS STAUNTON COMMONS 1 FOR THE PURPOSE OF APPLYING FOR LOW INCOME HOUSING TAX CREDITS; AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

March 7, 2005 Page Four

RESOLUTION NO. R-14-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS FOR THE SALE OF EXCESS PUBLIC PROPERTY NO LONGER NEEDED FOR PUBLIC PURPOSE

This Resolution was given first title reading.

Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise.
Yes: Saxton, Douglas, Hutchinson, Clark, Mercer, Wise and Baker.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Mercer.
Yes: Douglas, Hutchinson, Clark, Mercer, Wise, Baker and Saxton.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-15-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE BOARD OF MIAMI COUNTY COMMISSIONERS REGARDING THE WASHINGTON ROAD/STATE ROUTE 41 INTERSECTION IMPROVEMENT 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. Hutchinson.
Yes: Hutchinson, Clark, Mercer, Wise, Baker, Saxton and Douglas.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Clark.
Yes: Clark, Mercer, Wise, Baker, Saxton, Douglas and Hutchinson.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-7-05
ORDINANCE AMENDING SECTION 1000.13170(e) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CHANGEABLE COPY SIGNS.

This Ordinance was given first title reading on February 22, 2005.
Given public hearing and second title reading.

ORDINANCE NO. O-8-05
ORDINANCE CHANGING THE ZONING FOR INLOT 9304 IN THE CITY OF TROY, OHIO FROM COUNTY
A-1 AND A-2 AND ADOPTING A PLANNED DEVELOPMENT

This Ordinance was given first title reading on February 22, 2005.
Given public hearing and second title reading.

ORDINANCE NO. O-9-05
AN ORDINANCE AMENDING SECTION 035.12 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO INDIGENT BURIAL

This Ordinance was given first title reading on February 22, 2005.
Given second title reading.

Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Mercer, Wise, Baker, Saxton, Douglas, Hutchinson and Clark.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Baker, Saxton, Douglas, Hutchinson Clark and Mercer.
Abstain: Wise (to avoid the appearance of a conflict of interest as his employer is a funeral home that could benefit from the Ordinance change)
No: None. ORDINANCE ADOPTED


March 7, 2005 Page Five


ORDINANCE NO. O-10-05
AN ORDINANCE AUTHORIZING COOPERATION AND CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 41 (AT WASHINGTON ROAD) AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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


COMMENTS OF MAYOR: The Mayor commented that March is also Developmental Disabilities Month.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Anderson noted that the City has had two grant applications approved for the recreational trails in the area of Treasure Island. One was for $300,000 and the other for $80,000. The State has not stated when the funds will be disbursed, as the projects would be funded between 2005 and 2010.

COMMENTS OF COUNCIL:
-Mrs. Baker clarified that the County meeting on the Washington Road improvement at the Lutheran Church on March 15 will start at 7:00 p.m.
-Mrs. Saxton noted that the Elm Street project will start March 21 and will be a 300 day project. There was a question about adequate signage, and Mr. Anderson stated he will provide Council an update on the project by the next meeting.
-Mr. Hutchinson commented that he enjoyed the Black History Month presentation at Troy High School and involved students should be commended.
-Mr. Mercer stated he has several questions on Summerfield (O-8-05) that he will be presenting to staff.


There being no further business, Council adjourned at 8:16 p.m.


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President of Council                               Clerk of Council