| February 6, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, February 6, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor David E. Anderson, Director of Public Service and Safety INVOCATION: An invocation was given by Rev. Carol Bastin. PRESENTATION: Tim Ray, Water Plant Chief Operator, received his award as one of the 2005 Employees of the Year. Mr. Anderson presented to Charles Cochran, Executive Director of the Troy Development Council and Ron Musilli, Vice President of the Troy Development Council, the Partnership for Success in Innovation in Local Government Management Award for 2006. This is an award of the Ohio City/County Management Assoc. for innovation in local government recognizing the public private partnership of the Chamber of Commerce and the City that created the Troy Development Council. Specifically recognized was the Troy Development Council’s Retention and Expansion Program. MINUTES: The Clerk gave a summary of the January 17, 2006, meeting of Council. They were corrected to show Mr. Harrah as attending. There were no other corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Clark, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets and Sidewalks Committee. Mr. Douglas, Chairman, reported as follows: 1) Committee recommends that the guidelines for the Residential Exterior Paint Voucher Program be amended to increase by 10% the income guidelines to permit more residents to utilize the program, noting that no legislative action is required.. Committee also recommends that the guidelines for the Garage Demolition Program to not longer require that the check be issued to the property owner and the vendor as that has only made It more difficult for the vendor to cash the payment check, noting that legislative action is not required. 2) Committee recommends legislation be prepared authorizing the bidding for the Fire Station Two project, including construction and furnishings at a cost not to exceed $3,200,000. 3) Committee recommends that the preliminary consent legislation provided by the Ohio Department of Transportation for the State to resurface SR 41 from the west Corporate Limits to Covington, Ohio in 2012 at no cost to the City. Committee noted that a small area of the project could be inside the City limits or the City limits could extend further westward before 2012. It was also noted that the State required the legislation to be approved as an emergency measure. Reports signed by Clark, Kendall and Douglas. Finance Committee. Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing the bidding of the curbside recycling program for up to a three year period at a cost not to exceed $400,000 per year. Report signed by Douglas, Kendall and Mercer. Law & Ordinance Committee. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared to replat and dedicate right-of-way of public property at the intersection of Adams Street South and Main Street. 2) Committee recommends legislation be prepared to amend Section 521.07 of the Codified Ordinances regarding fence regulations to include permitting a through lot that cannot have roadway access on one side to treat that frontage as a “back yard” to have a fence taller than 42” in height, the less attractive side of the fence will face the property on which the fence is placed, and to help the citizens meet fence provisions there will be a permit/inspection required with a nominal fee as this will result in the City being aware a fence is being installed. Discussion. Mrs. Baker asked which City office would handle the permits, and it was stated that will be the Planning Department. February 6, 2006 Page Two 3) Committee recommends legislation be prepared to enact a new three-year interagency agreement with the Ohio Department of Development for the State to administer the Economic Development Revolving Loan Fund. 4) Committee recommends emergency legislation be prepared to regulate Sexually Oriented Businesses. Committee noted a second piece of legislation will also be needed to amend zoning code definitions. Reports signed by Douglas, Mercer and Saxton. Recreation & Parks Committee. Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the 2006 funding for the Troy REC in the amount of $38,000. Committee noted the amount was reduced from the past five years as a part of the City’s budget cuts. It was also noted that Committee Chairman Clark abstained from Committee discussions, signing the Committee Report and voting on the adoption of the legislation to avoid the appearance of a conflict as he is member of the Troy Recreation Board. Report signed by Baker and Saxton. Safety & Health Committee. Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared supporting the Miami County Hazard Mitigation Plan, which has been developed to help for broad planning to address only natural disasters. Having the plan in place may make the City/County eligible for some related funding. Discussion. Mrs. Saxton stated she appreciated the executive summary. Report signed by Baker, Saxton and Harrah. Utilities Committee. Mrs. Baker, Chairman, reported that the Committee recommends legislation be prepared authorizing a professional services agreement with the engineering firm of Hazen and Sawyer in an amount not to exceed $100,000 for Phase 1 of an Infiltration and Inflow (I & I) Study to address reasons for, and remedies for, stormwater entering the Sanitary Sewer System. Committee noted that elimination of the I & I would reduce treatment costs and provide additional sewer capacity. Report signed by Harrah, Mercer and Baker. There were no audience comments regarding Committee Reports or Agenda. RESOLUTION NO. R-4-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH THE FIRM OF HAZEN AND SAWYER FOR THE PHASE 1 INFLOW AND INFILTRATION STUDY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Harrah, Saxton, Kendall, Clark, Douglas and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Harrah, Saxton, Kendall, Clark, Douglas, Mercer and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-5-06 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 A CITY WIDE RECYCLING PROGRAM This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Saxton, Kendall, Clark, Douglas, Mercer, Baker and Harrah. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Douglas, Mercer, Baker, Harrah and Saxton. No: None. RESOLUTION ADOPTED February 6, 2006 Page Three RESOLUTION NO. R-6-06 RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY OHIO, TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC., FOR RECREATION SERVICES This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Clark, Douglas, Mercer, Baker, Harrah, Saxton and Kendall. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Mercer, Baker, Harrah, Saxton and Kendall. Abstain: Clark (as a member of the Board and to avoid the appearance of a conflict). No: None. RESOLUTION ADOPTED RESOLUTION NO. R-7-06 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 FIRE STATION TWO PROJECT This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Mercer, Harrah, Saxton, Kendall, Clark and Douglas. No: Baker. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Baker, Harrah, Saxton, Kendall, Clark, Douglas and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-8-06 RESOLUTION ADOPTING THE MIAMI COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Harrah, Saxton, Kendall, Clark, Douglas, Mercer and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Kendall. Yes: Saxton, Kendall, Clark, Douglas, Mercer, Baker and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-9-06 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 DEVELOPMENT FOR THE ADMINISTRATION OF THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Douglas, Mercer, Baker, Harrah and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Mercer, Baker, Harrah, Saxton and Kendall. No: None. RESOLUTION ADOPTED ORDINANCE NO. 0-2-06 RECONSIDERATION (ADOPTED ON JAN. 17, 2006) A motion was made by Mrs. Saxton, seconded by Mr. Clark, to amend Ordinance No. O-2-06 to reverse the waterline and sewer oversizing amounts, and to correct a typing error. MOTION APPROVED BY UNANIMOUS ROLL CALL VOTE. February 6, 2006 Page Four ORDINANCE NO. O-2-06 AN AMENDED ORDINANCE VACATING THE PRIOR PLAT OF SECTION ONE OF HAWK’S NEST, ACCEPTING THE FINAL PLAT OF SECTION ONE OF HAWK’S NEST SUBDIVISION, DEDICATING RIGHT OF WAY, AUTHORIZING PAYMENT OF WATER LINE AND SEWER OVERSIZING, AND ACCEPTING FEES IN LIEU OF GREEN SPACE IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Mercer, Baker, Harrah, Saxton, Kendall, Clark and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Harrah, Saxton, Kendall, Clark, Douglas and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-3-06 AN ORDINANCE ADOPTING CHAPTER 747 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING SEXUALLY ORIENTED BUSINESSES AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Harrah, Saxton, Kendall, Clark, Douglas, Mercer and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Saxton, Kendall, Clark, Douglas, Mercer, Baker and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-4-06 AN ORDINANCE AMENDING SECTIONS 1000.00310.02, 1000.00310.021, 1000.00310.022, 1000.00310.023, 1000.00440.051, 1000.00490.021, 1000.00490.022, 1000.00490.031, 1000.00490.032, 1000.00490.071, 1000.00490.072, AND 1000.11870(J) AND ADOPTING SECTIONS 1000.00310.0221, 1000.00310.0222, AND 1000.00430.001 OF THE TROY ZONING CODE RELATED TO SEXUALLY ORIENTED BUSINESSES AND DECLARING AN EMERGENCY This Ordinance was given first title reading. ORDINANCE NO. O-5-06 AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR RESURFACING OF STATE ROUTE 41 FROM THE WEST CORPORATION LIMIT TO COVINGTON, OHIO, 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. Mercer Yes: Kendall, Clark, Douglas, Mercer, Baker, Harrah and Saxton. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas. Yes: Clark, Douglas, Mercer, Baker, Harrah, Saxton and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-6-06 AN ORDINANCE AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING FENCES. This Ordinance was given first title reading. February 6, 2006 Page Five Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Douglas, Mercer, Baker, Harrah, Saxton, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Baker, Saxton, Kendall, Clark and Douglas. No: Harrah. ORDINANCE ADOPTED ORDINANCE NO. O-7-06 ORDINANCE ACCEPTING A REPLAT OF THE CITY OWNED PROPERTY AT ADAMS STREET AND MAIN STREET IN THE CITY OF TROY, AND DEDICATING RIGHT OF WAY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Harrah, Saxton, Kendall, Clark, Douglas and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Harrah, Saxton, Kendall, Clark, Douglas, Mercer and Baker. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. The Mayor commented that on February 16 the community is invited to attend when the City receives the Citizens for Community Values (CCV) award. COUNCIL COMMENTS. - Mrs. Baker stated she was advised that there were activities at the Hobart Arena on February 5, there were icy conditions, the front was not treated for ice, this was a dangerous situation, and she would like to have this information checked out. Mrs. Baker asked if there are sufficient parking spaces at Prudential Realty where a restaurant is part of that shopping area. Mrs. Baker asked to be kept advised of a question she had forwarded about the alley behind Domino’s Pizza (where what is not the platted alley is being used by cars and one of the neighbors [a church] would like to see the alley closed). - Mr. Mercer asked to review the Emergency Operations Plan and to know Council’s role in that plan. Mr. Mercer commented that he was sorry to read that a Judge dismissed a property maintenance complaint as staff did not have a code book readily available. Mr. Anderson stated that complaint will be refilled and the Director of Law has offered to attend any hearing on that complaint. Mr. Mercer commented that the Hobart Arena is scheduled for use 28 out of the 28 days of February, and even with such heavy use the Hobart Arena fund is subsidized. Mr. Mercer suggested the Recreation Board could consider engaging a consultant to review programming and revenues to see if an outsider would have suggestions to help reduce the subsidy. - Mr. Clark asked the media to print guidelines for the two programs – Residential Paint Voucher and Garage Demolition. Mr. Clark gave Mr. Lohrer the certificate Troy Main Street presented to Council in recognition of Council’s support to Troy Main Street. STAFF COMMENTS: Chief Denney stated he understood that part of the difficulty salting the Arena entrance was due to difficulty accessing the equipment because of the freezing rain and snow the prior evening. AUDIENCE COMMENTS: -Lester Conard, 1210 S. Clay Street, commented that he had read the article on the ways the City was looking to cut costs. He said he appreciated Mayor Beamish coming out to oppose the sale of alcohol at the Hobart Arena (mentioned in the article). He said he saw everything mentioned in the article as ways to get more money from the taxpayers, noting that additional costs can be difficult for senior citizens and those on fixed income. Mr. Conard suggested the City should have been more prepared for “bad times” and not added staff, increased wages for officials, or overseen projects better. He suggested not adding additional parks due to maintenance costs. February 6, 2006 Page Six -Debra Stichter, 467 Staunton Road, stated she appreciated the comment on ways to search for new programming for the Arena, but she opposed the sale of alcohol at the Arena to increase revenues. There being no further business, the meeting adjourned at 8:20 p.m. ______________/s/________________ ________________/s/____________________ President of Council Clerk of Council |