Troy, Ohio - USA - Council Minutes

May 7, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, May 7, 2007 at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer, and Saxton.

Presiding Officer: William H. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
Richard L. Cultice, Auditor
W, McGregor Dixon, Jr., Director of Law

INVOCATION: An invocation was given by Mayor Beamish.

INTRODUCTIONS
-New Parking Control Officer Duane Puckett was introduced.
PUBLIC HEARINGS: At 7:05 p.m., Mr. Lohrer declared open the pubic hearing on Ordinance No. O-29-2007, the rezoning of part of OL 236. Attorney Joshua Koltak for applicant L J Real Estate Investments, Inc,. stated the applicant wishes to have the rezoning to be the same as other adjacent property owned by the applicant, that a structure on OL 236 would be demolished and the entire area used for parking. There were no further comments in this regard and at 7:07 p.m. Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the April 16, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Harrah, to approve these minutes. Motion passed by unanimous roll call vote.

The Clerk gave a summary of the minutes of the April 25, 2007 special meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Douglas, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS COMMITTEE.
Mr. Douglas, Chairman, reported as follows:
1) Committee recommends legislation be prepared approving the Resolution of Necessity for Phase V of the Sidewalk Replacement Program whereby the property owner is to replace damaged and dangerous sidewalks. Committee recommended the legislation being prepared as an emergency measure so that notices can be sent advising the property owners that the repairs are to be made or under permit by July 3, and if repairs are not made, the work will be performed by the City and assessed to the property.
2) Committee recommends legislation be prepared authorizing the bidding for the 2007 paving program at a total cost not to exceed $708,000 with the following fund breakdown:
$300,000 Annual paving.
$262,000 Paving of parking areas at the Water Treatment Plant combined with
improvements on Staunton Road from the railroad East to the Water Treatment Plant. Those improvements would include storm sewer and catch basins, curb, gravel, sidewalk, and paving.
$100,000 Renovation of the Mulberry Street Parking Lot.
$ 36,000 Paving of roadway areas in the Troy Community Park.
$ 10,000 Resurfacing of the basketball court at Lincoln Community Center.
$708,000 Total
Reports signed by Clark, Kendall and Douglas.

FINANCE COMMITTEE.
Mr. Mercer, Chairman, reported as follows:
1) Committee recommends legislation be prepared authorizing a loan of $100,000 to William J. Arthur from the Downtown Building Repair Loan Fund, based on the following information, with the legislation presented as an emergency measure so the renovation is not delayed:
- The project is estimated at $147,000. The $100,000 loan amount would not exceed 90% of the total cost.
- The loan period is 10 years at 3% interest.
May 7, 2007 Page Two

- This would be an owner occupied use.
- The City’s security would be: -2nd mortgage on 110 E. Main, Troy, Ohio
-2nd mortgage on 1116 S. Crawford Street, Troy, Ohio (residence of the applicant)
-2nd mortgage on 824 Clark Street, Piqua, Ohio (rental property owned by applicant)
- The loan is contingent upon local and state historic reviews, which are pending. If the application is approved by Council, no funds would be disbursed until the historic reviews are complete and approved.
2) Committee recommends legislation be prepared authorizing a loan from the Downtown Building Repair Loan Fund in the amount of $380,000 to Medallion Investment Group to purchase the Dye Building based on the loan application.
3) Committee recommends legislation be prepared establishing a permit fee schedule for items associated with permits and applications for the zoning code, subdivision regulations, and Development Department, with Committee noting that some fees had not been adjusted for years. Committee further recommended that when work is commenced without the required permit first obtained that the permit fees be doubled; the fee schedule be reviewed annually for recommended adjustments; and the fees be contained in one single piece of legislation.
Report signed by Douglas, Kendall and Mercer.

LAW AND ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows:
1) Committee recommends the rezoning included in Ordinance No. O-26-2007 be approved.
2) Committee recommends legislation be prepared to state Troy’s opposition to SB 117, which bill would have a number of negative impacts on cable television operations and public access programming.
Reports signed by Douglas, Mercer and Saxton.

PERSONNEL COMMITTEE: Mr. Kendall, Chairman, reported regarding support of the Mayor’s appointments to the City Beautification Committee.
Report signed by Clark, Harrah and Kendall.
Upon motion of Mr. Kendall, seconded by Mr. Clark, the following appointments to the City Beautification Committee were approved by unanimous roll call vote:
Betty Reardon term ending 7-1-2007
Bill Miller term ending 7-1-2008

CITIZEN COMMENTS ON COMMITTEE REPORTS OR AGENDA ITEMS. – none.

RESOLUTION NO. R-18-2007
RESOLUTION OF THE CITY OF TROY, OHIO IN OPPOSITION TO OHIO SENATE BILL 117 REGARDING CABLE TELEVISION FRANCHISING AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Harrah to suspend the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Kendall, Douglas, Harrah, Saxton, Baker, Mercer and Clark.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mrs. Baker.
Yes: Douglas, Harrah, Saxton, Baker, Mercer, Clark and Kendall.
No: None. RESOLUTION ADOPTED

May 7, 2007 Page Three

RESOLUTION NO. R-19-2007
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 2007 PAVING AND ASSOCIATED ROAD WORK PROGRAM

This Resolution was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Harrah, Saxton, Baker, Mercer, Clark, Kendall and Douglas.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Saxton, Baker, Mercer, Clark, Kendall, Douglas and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-20-2007
RESOLUTION OF THE COUNCIL OF THE CITY OF TROY, OHIO DECLARING THE NECESSITY OF REPLACING SIDEWALKS IN THE CITY OF TROY AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Baker, Mercer, Clark, Kendall, Douglas, Harrah and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Clark, Kendall, Douglas, Harrah, Saxton, and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-21-2007
RESOLUTION ADJUSTING FEES RELATED TO THE ZONING CODE, SUBDIVISION REGULATIONS, AND DEVELOPMENT DEPARTMENT IN THE CITY OF TROY, OHIO

This Resolution was given first title reading.

RESOLUTION NO. R-22-2007
RESOLUTION AUTHORIZING THE APPLICATION OF WILLIAM J. ARTHUR FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Harrah to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Clark, Kendall, Douglas, Harrah, Saxton, Baker and Mercer.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall..
Yes: Kendall, Douglas, Harrah, Saxton, Baker, Mercer and Clark.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-23-2007
RESOLUTION AUTHORIZING THE APPLICATION OF MEDALLION INVESTMENT GROUP, LLC FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

May 7, 2007 Page Four

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Douglas, Harrah, Saxton, Baker, Mercer, Clark and Kendall.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker.
Yes: Harrah, Saxton, Baker, Mercer, Clark, Kendall and Douglas.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-26-2007
AN ORDINANCE CHANGING ZONING FOR OUTLOT 192, LOCATED IN THE CITY OF TROY, OHIO, FROM COUNTY R-5, SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-2, GENERAL BUSINESS DISTRICT

This Ordinance was given first title reading on 4-16-2007.
Given second title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Saxton, Baker, Mercer, Clark, Kendall, Douglas and Harrah.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark.
Yes: Baker, Mercer, Clark, Kendall, Douglas, Harran and Saxton.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-28-2007
AN ORDINANCE CHANGING ZONING FOR OUTLOT 236, LOCATED IN THE CITY OF TROY, OHIO, FROM R-6, TWO-FAMILY RESIDENCE DISTRICT TO M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given first title reading.

ORDINANCE NO. O-29-2007
ORDINANCE AMENDING ORDINANCE NO. O-47-06, AS AMENDED BY ORDINANCE NO. O-27-2007, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2007 AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Mercer, Clark, Kendall, Douglas, Harrah, Saxton and Baker..
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall.
Yes: Clark, Kendall, Douglas, Harrah, Saxton, Baker and Mercer.
No: None. ORDINANCE ADOPTED

COMMENTS OF THE MAYOR. Mayor Beamish commented as follows:
-On May 3, the Troy Christian Schools sponsored the World Day of Prayer observance at the Miami County Courthouse, and the invocation he read at this meeting was from that event.
-He had provided elected officials and others with priorities developed by the Mayor’s Youth Council.
-He had participated in a recent youth crisis management workshop.

May 7, 2007 PAGE FIVE

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
-Regarding the fee schedule (R-21-2007), some fees had not been adjusted since the 1970s; however, the intent is not and should not be to recoup all the costs to the City.
-In response to a comment at a prior meeting, the sewer jet had been used to address an issue in the 800 block of Walnut Street.
-There was recently some media information about the soil degassing related to a plume of material in the aquifer under some of the eastern area of the City. EPA has not released any information to the media and has not yet finalized their report/recommendation as to how they will address the matter. At this point, there are still less than 20 locations that have reported higher than acceptable levels of the chemical.

COMMENTS OF DIRECTOR OF LAW. Mr. Dixon noted that some changes have been made to SB 117 (see R-18-2007), but the bill before the Ohio Senate is still not acceptable to the Ohio Municipal League and many communities continue to voice opposition.

COMMENTS OF COUNCIL MEMBERS:
-Mr. Douglas commented that Mothers Day is May 13.
-Mrs. Saxton stated appreciation for the information from the Youth Council and on the City funded paint and garage demolition programs.
-Mrs. Baker asked about the Youth Council’s concern about the soccer field at Duke Park, and was advised that it had to do with the height of grass and that concern has been sent to the Park Board.
-Mr. Clark thanked the elected officials and citizens for attending the Police Officer Memorial ceremony of May 4. He also noted that new businesses are locating in the downtown and the Sculptures on the Square Program will take place yet this month.
-Members of Council reminded citizens of the May 8 election day.

AUDIENCE COMMENTS:
-Brian Kemper 412 W. Canal, a new resident who moved from California, commented on how much he likes Troy, but asked about a 4-way stop at Canal and Oxford due to speeders. It was stated this will be looked into and a response provided.

PRESENTATION, TROY MAIN STREET:
Chuck Fox, Executive Director of Troy Main Street, thanked Council for approving the loans covered by Resolutions R-22-2007 and R-23-2007. He remarked that the Sculptures on the Square, which will feature small replicas of the Waco Bi-plane, many painted by local artists, will be placed around the downtown from late May to early September and will showcase Troy’s industrial history. Mr. Fox noted that the downtown summer concert season has started.

There being no further business, the meeting adjourned at 8:27 p.m.

_________________/s/_______________________ __________________/s/_________________________
President of Council Clerk of Council