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July 16, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 16, 2007 at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall and Mercer. Upon motion of Mr. Douglas, seconded by Mr. Clark, Mrs. Saxton was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the minutes of the July 2, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Kendall, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE. Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Sidewalk Improvement Program Phase V at a cost not to exceed $250,000 and that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Catch Basin Replacement/Repair Program at a cost not to exceed $40,000. Report signed by Clark, Kendall and Douglas. FINANCE COMMITTEE. Mr. Mercer, Chairman, reported that Committee had met to review the future funding for the Miami County Transit System. Troy had funded $40,000 for 2007, anticipated less for 2008. Troy’s 2008 share would be at least $50,000 and $111,000 in 2009. This is partially due to federal law that restricts the share of federal funding for operations and for capital purchases. Working with the cities of Piqua and Tipp City and the officials of Miami County, options considered have been keeping the current arrangement with no new funding source, disbanding the bus service, tiered fares where certain areas would charge higher fares than others, and a new sales, property or gas tax. Committee supported a nominal property tax levy dedicated to the transit system. Committee also indicated favoring legislation that would support a change to the federal law to allow federal funds to be used 100% for operating costs of transit systems. Legislation would also be submitted at a later date. Report signed by Douglas, Kendall and Mercer. A motion was made by Mr. Douglas, seconded by Mr. Kendall, to approve the report of the Finance Committee regarding Funding Participation – Miami County Transit System. Motion passed by unanimous vote. LAW & ORDINANCE COMMITTEE: Mr. Douglas reported that Committee has met on the Final Plat of Pleasant View Estates Section Four and dedication of right of way, and will schedule an additional meeting on the subject. Committee noted that the plat includes the long-scheduled extension of Southview Drive to connect the Southview and Pleasant View Subdivisions and provide an additional access for Pleasant View Estates for safety purposes, as that subdivision has only one entrance/exit. Residents of Pleasant View and Southview oppose the bridge connection over the Rapp Ditch and have filed a petition that the roadway connection not be made. Report signed by Mercer and Douglas. PERSONNEL COMMITTEE: Mr. Kendall, Chairman, reported that Committee supports the Mayor’s reappointments of the following to the City Beautification Committee for terms ending July 1, 2009: Betty Reardon, Wanda Tremblay, Judy Fissinger, Stephen Huels, Sandy Fisher, Erin Adams, Charles Fox. Report signed by Clark, Harrah and Kendall. A motion was made by Mr. Kendall, seconded by Mr. Clark, to approve the Personnel Committee report of July 10, 2007 and the reappointments to the City Beautification Committee. Motion passed by unanimous roll call vote. July 16, 2007 Page Two RECREATION & PARKS COMMITTEE. Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Troy Bikeway Connector (flood plain, Market Street to Riverside Drive) at a cost not to exceed $300,000, noting that the City will be reimbursed by the Ohio Department of Transportation 69% of the construction cost up to $223,000, whichever is less. Report signed by Baker, Saxton and Clark. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Raymond Favorite, 756 Skylark, stated he was concerned that an elderly resident who lives on Fernwood and is on a fixed income, was required to fix sidewalk, paint garage, and move a car that has license plates but flat tires. Mr. Favorite declined to give the exact address or name of the person. He said he feels that someone does not have a heart. RESOLUTION NO. R-31-2007 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 TROY BIKEWAY CONNECTOR This Resolution was given first title reading. Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Mercer, Clark, Douglas, Baker, Harrah and Kendall. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Douglas, Baker, Harrah, Kendall and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-32-2007 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 CATCH BASIN PROGRAM This Resolution was given first title reading. Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Douglas, Baker, Harrah, Kendall, Mercer and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Harrah, Kendall, Mercer, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-33-2007 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 PHASE V OF THE SIDEWALK REPAIR PROGRAM This Resolution was given first title reading. Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Harrah, Kendall, Mercer, Clark, Douglas and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Mercer, Clark, Douglas, Baker and Harrah. No: None. RESOLUTION ADOPTED July 16, 2007 Page Three ORDINANCE NO. O-50-2007 ORDINANCE CHANGING THE ZONING OF INLOT 9304 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1, DOMESTIC AGRICULTURE DISTRICT, AND A-2, GENERAL AGRICULTURE DISTRICT, AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT This Ordinance was given first title reading. ORDINANCE NO. O-51-2007 AN AMENDED ORDINANCE AMENDING SECTION 1000.13179 (E) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CHANGEABLE COPY SIGNS. This Ordinance was given first title reading. ORDINANCE NO. O-52-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10155 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF R-2, SINGLE-FAMILY RESIDENTIAL DISTRICT This Ordinance was given first title reading. ORDINANCE NO. O-53-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10156 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING R-3, MULTI-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF OR-1, OFFICE RESIDENTIAL DISTRICT This Ordinance was given first title reading. ORDINANCE NO. O-54-2007 ORDINANCE CHANGING THE ZONING OF INLOT 10157 IN THE CIITY OF TROY, OHIO FROM MIAMI COUNTY ZONING B-1, HIGHWAY BUSINESS TO CITY ZONING OF OR-1 OFFICE RESIDENTIAL DISTRICT This Ordinance was given first title reading. COMMENTS OF THE MAYOR. Mayor Beamish thanked Council for the approval of appointees to the City Beautification Committee. The Mayor also noted that Ronald Scott was appointed to the Planning Commission as of July 11 to fill the unexpired term of the late Charles Doyle. The Mayor complimented those involved with the recent Miami County Bicentennial celebration and the concerts. He also noted that the upcoming Chat aqua and Troy Classic on the Square bike race events should be very popular. In response to Mr. Favorite, the Mayor noted that Mr. Favorite cares deeply about his neighbors; however, the City does require properties to be maintained and has allowed expanded ways to try to financially help people. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that staff will be preparing more information regarding the final plat of Pleasant View Estates Phase 4. For the short term to avoid confusion regarding Southview Drive, staff has placed some no outlet signs. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Mercer noted that 25% of ambulance runs result in no service, for which there is no billing, and that is a cost to the General Fund the City cannot recover. Chief Boehringer stated that Medicare will not provide a reimbursement when there is no transport. It was stated that if the City were to bill for this it would be a direct billing to the citizens with collection and follow through by the City. -Mr. Clark commented that the July 22 bike race should be a tremendous event, and that there is an economic boost to businesses when persons come to the many events offered. -Mr. Douglas stated that the Law & Ordinance Committee will next meet on the Pleasantview Estates final plat on August 15 at 5 p.m. July 16, 2007 Page Four AUDIENCE COMMENTS: -Lester Conard, 1210 S. Clay Street, stated he was scared when he watched the television news last week and saw that some Mexicans were arrested for sexual deviation, and he does not know if Council is looking at this as it is more severe of an issue than property maintenance, and asked if the Police Department is addressing illegals. Mr. Titterington stated he will discuss this with the Police Chief and get back with Mr. Conard, -Jessica Minesinger, 1204 Archer Drive, regarding the comments of Mr. Favorite, suggested that maybe City staff could see if the Home Builders Association has any suggestions or could help when someone may have a particular maintenance issue. There being no further business, the meeting adjourned at 7:54 p.m. __________________/s/______________________ _____________________/s/______________________ President of Council Clerk of Council |