| July 18, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 18, 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 Richard L Cultice, Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION was given by Council Member Wise. INTRODUCTION: Assistant Fire Chief David Newnam introduced newly promoted Platoon Commander Matt Simmons. Platoon Commander Simmons’ new badge was pinned on by his wife. MINUTES: The Clerk gave a summary of the July 5, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Clark, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee. Mrs. Baker, Chairman, reported as follows: (1) Committee recommends the emergency preliminary legislation provided by the Ohio Department of Transportation (ODOT) be approved for ODOT to pave SR 718 within Troy during 2007 at no cost to the City. (2) Committee recommends legislation be prepared providing for an agreement between the City and ODOT for the City to be designated the Local Public Agency (LPA), rather than ODOT, for the Island Trail Bikeway Project. The City has met the requirements for LPA designation. This will put the City in charge of these State cooperative projects, with the State reimbursing the City for the State share. However, ODOT will require a separate agreement for each project. Reports signed by Douglas, Hutchinson and Baker. Finance Committee: Mr. Mercer, Chairman, reported that the Committee had reviewed a request to Troy Civic Theater (TCT) to construct handicap accessible restrooms on the City property generally known as the Barn in the Park, which is used by the TCT. Committee noted that an earlier estimate was $30,000-$35,000; however, a more recent estimate is $75,000. The TCT has received commitments of approximately $150,000 to fund other enhancements to their community theater use of the building, including electrical and HVAC upgrades, purchase of new risers, and converting the current restroom to one that would be dedicated for the use of cast and crew, with it is understood that $60,000 of the committed funds is contingent on matching funds that may include the City constructing the restrooms. Committee noted that many worthwhile projects must be balanced against available funding. As this project is not yet designed, and a design is needed to provide a cost estimate, Committee supported the City expending $2,500 for the design. Once the design is finalized, this project can be further reviewed. Report signed by Douglas, Wise and Mercer. Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: (1) Committee recommends legislation be prepared to approve the vacation of part of a 14’ alley along Inlots 665 and 666 and an unimproved portion of Crawford Street between Simpson Street and the CSX Railroad. Committee noted these areas serve no public process and the adjacent property owners have duly requested the vacation. (2) Committee has reviewed a replat recommended by the Planning Commission for part of IL 8806 to divide a 111.5 acre parcel into five parcels and dedication of right of way (extension of Commerce Center Blvd. through the plat to McKaig Road). This replat is for the American Honda Motor Co. new facility, which was approved as Enterprise Zone Agreement #28. Committee indicated another meeting would be set after neighbors were advised of the replat, with the Committee providing a recommendation at that meeting. Reports signed by Mercer, Wise and Saxton. Safety & Health Committee: Mr. Huchinson, Chairman, reported that Committee recommends legislation be prepared authorizing the annual application for funding assistance for the DARE Officers, noting that a $37,008 grant will be requested. Report signed by Baker, Clark and Hutchinson. July 18, 2005 Page Two Audience Comments – agenda or Committee reports. Michael Burkholder, 465 W. Staunton Road, commented about increasing water and sewer rates, and had questions about the cost of the Island Trail Bikeways. RESOLUTION NO. R-37-05 RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF TROY AT THE NEXT GENERAL ELECTION THE QUESTION OF FOUR YEAR STAGGERED TERMS FOR COUNCIL MEMBERS OF THE CITY OF TROY AND A FOUR YEAR TERM FOR THE PRESIDENT OF COUNCIL OF THE CITY OF TROY. This Resolution was given first title reading on June 20, 2005. Given second title reading on July 5, 2005. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer Yes: Saxton, Douglas, Baker, Hutchinson, Clark, Wise and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-40-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO APPLY FOR AND ENTER INTO A DARE GRANT THROUGH THE ATTORNEY GENERAL’S OFFICE This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Baker, Hutchinson, Clark, Wise, Mercer and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Hutchinson, Clark, Wise, Mercer, Saxton and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-41-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION DESIGNATING THE CITY AS THE LPA FOR THE ISLAND TRAIL BIKEWAY PROJECT This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Hutchinson, Clark, Wise, Mercer, Saxton, Douglas and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Wise, Mercer, Saxton, Douglas, Baker and Hutchinson. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-22-05 AN ORDINANCE AMENDING SECTIONS 913.01 (a), 913.08 AND 915.10 (c) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY OHIO RELATING TO WATER AND SEWER RATES This Ordinance was given public hearing and first title reading on June 20, 2005. Given second title reading on July 5, 2005. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton. Yes: Wise, Mercer, Saxton, Douglas, Baker, Hutchinson and Clark. No: None. ORDINANCE ADOPTED July 18, 2005 Page Two ORDINANCE NO. O-25-05 AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR RESURFACING OF SR 718 IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Saxton, Douglas, Baker, Hutchinson, Clark and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Saxton, Douglas, Baker, Hutchinson, Clark, Wise and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-26-05 ORDINANCE VACATING A PART OF SOUTH CRAWFORD STREET AND A PART OF A 14 FOOT WIDE ALLEY IN THE CITY OF TROY This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Baker, Hutchinson, Clark, Wise, Mercer and Saxton. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Hutchinson, Clark, Wise, Mercer, Saxton and Douglas. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. Mayor Beamish distributed a summary of what the members of Teen Leadership Troy had determined to be “what is good about Troy”. The Mayor commented that he appreciates Council’s on-going support of the DARE Program and supporting the design of the restroom project for the Barn in the Park. COMMENTS OF MEMBERS OF COUNCIL. -Mrs. Saxton stated she read the Teen Leadership Troy information and noted that group would like to see an increased speed limit on Adams Street and a “smoke free Troy”. Mrs. Saxton asked if there was any update about some Junior High Students who had been interested in initiating a ballot issue on no smoking in restaurants and was advised that it is understood that group is not actively involved in the project. -Mrs. Baker asked about an update of the Main Street/Norwich Road roadway and water line project, and was advised that the curb is in and the street is gravel prepped, and Main Street should be open during the coming week after being closed a little over 30 days. -Mr. Clark reminded everyone that Aug. 2 is the National Night Out event at the Community Park. AUDIENCE COMMENTS. -Jessica Minesinger, owner of the Westlake Village Properties, commented that her family enjoyed their fist visit to the new pool. She also advised Council that the final lot in Westlake Village had been sold, some lots are vacant but under ownership; she made a $10,000 payment to the Home Owner Association as a final commitment to that Association, and she made the commitments of that Planned Development. Mrs. Minesinger provided additional written information to Council. -Randi Prudden, 1008 E. Franklin, asked about plans she had read about in the paper for further development south of City Hall. Mr. Anderson advised that a developer had prepared a conceptual plan that had a number of ideas, and while there may be further proposals in this regard to the City in the future, at this time nothing is being done by the City about that plan. -Dave Denoyer, Dave’s Service, thanked Council for approval of the alley vacation contained in O-26-05, and he stated he feels he will now be able to limit access to his property and see a reduction in vandalism. -Raymond Favorite, 756 Skylark Drive, asked about the truck traffic anticipated with the Honda facility. Mr. Anderson commented that the City negotiated issues regarding traffic as part of the Enterprise Zone agreement to protect citizens. Mr. Favorite also asked if someone could look at the pooling of water in the area of Skylark Drive, Mystic Lane and Nutmeg when there is a heavy rain. July 18, 2005 Page Four Janet Bly and Kirt Rinehart, of the Miami Conservancy District (MCD), provided a MCD update. Comment areas included: their area of concern is the Great Miami River watershed; Troy is in the center of the Watershed; the mission of the MCD is protecting, preserving and promoting water resources; the MCD was formed after 1913 flood; over 2,541 properties are protected by the District in Troy; the period of January 1-17, 2005 was the third highest water event for the District since 1958; and they discussed benefits of flood protection and the status of the Dam Safety Initiative to upgrade the dams that are part of the District. It was commented that other MCD activities include the creation and extension of recreational trails, some of which are in Miami County and Troy. In this regard, their main contribution is the donation or permissive use of land, promoting the safe use of the rivers, aquifer preservation, partnership with communities in the District, and working on other ways to improve water quality. It was noted that there are plans for 100 miles of uninterrupted trails and there will be maps of the trails. Mr. Anderson asked Ms. Bly for any assistance in removing the FEMA Flood Zone B designation on many City properties, which impacts insurance, even though most parcels are levee protected. There being no further business, Council adjourned at 8:39 p.m. ________________\s\________________ _________________\s\___________________ President of Council Clerk of Council |