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April 21, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, April 21, 2008, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Kendall, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Hutchinson was excused from this meeting by unanimous roll call vote. Presiding Officer: Martha A. Baker, 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 member Clark. MINUTES: The Clerk gave a summary of the minutes of the April 7, 2008 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids for the operation of the Dye Mill Road Facility for a 5-year period with a 5-year renewal option, with the operation to be based at a minimum on current service to the public. Report signed by Kendall, Schweser and Douglas. Discussion. In response to Mr. Harrah, it was stated that citizens should see no change in the service of using the facility. It was also stated citizens will not be charged to use the facility. In regard to employees, it was stated that the part-time monitor position is filled though an employment agency and not by a City employee. Mr. Titterington commented that as other opportunities for cost effectiveness are viewed in the future, with service to the public being the same, he will consider contracting out functions now done by City employees. He noted that one consideration is the recent bids for refuse collection. He also noted that a report in the paper that the City would see an $80,000 savings in contracting the Dye Mill Road facility is not correct, but half that much should be saved. In regard to why the City does not purchase equipment to reduce the materials deposited in the facility and sell the reduced materials as mulch, Mr. Titterington stated that the equipment is very expensive and would require a capital investment and more staff, and the City should not get into business type operations where the City does not have expertise. The City expects one to three vendors to submit a plan to take over the facility and, at a minimum, we will not have the expenses we now have, and it is possible the City may receive some payment as well. Mr. Titterington stated there was a question of would the Fire Department respond if there was a fire at the location and that would be the case. However, it is hoped with more frequent reduction of materials, there is less opportunity for fires. Mr. Titterington stated that he will continue to not fill vacancies where the operation of the City is not impacted and more recommendations for reorganization will be forthcoming; however, if the finances do not turn around layoffs may need to be considered. He stated the intent is not to displace employees and hurt them, but there may be the need to make hard recommendations. Law & Ordinance Committee. Mr. Kendall, Chairman, reported that Committee recommends Ordinance No. O-6-2008 be denied, noting that the denial of the rezoning is the recommendation of staff and the Planning Commission. Report signed by Clark, Douglas and Kendall. Mr. Kendall gave the oral report of notice of the following liquor permits: -Transfer of existing D1, D2, D3 permits from James W. & Marilyn L. Dittner Ventures, dba Leaf & Vine, 108 W. Main, to Ash Corp. LLC, same business name and address. -New D2 permit for Double K. Inc., dba Als Pizza, 13 S. Weston Road. April 17, 2008 Page Two Safety & Health Committee. Mr. Kirkham, Chairman, reported that Committee supports recommending an adjustment to ambulance fees for 2008 based on the Ambulance Inflation Factor (AIF) published by the Center for Medicare and Medicaid (CMS), which would be 2.7% for 2008. Committee was also supportive of using the AIF calculation for automatic adjustments in future years. Since the Committee meeting, Committee has been advised that staff has some more recent data, and it may be necessary to again hold a committee meeting prior to legislation being presented. Report signed by Harrah and Kirkham. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-18-2008 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 OPERATION OF THE DYE MILL ROAD FACILITY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kirkham, Harrah, Clark, Kendall, Schweser and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Clark, Kendall, Schweser, Douglas and Kirkham. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-4-2008 ORDINANCE CHANGING THE ZONING OF INLOTS 3501, 3502 AND 3503 IN THE CITY OF TROY, OHIO, FROM R-4, SINGLE-FAMILY RESIDENCE DISTRICT, TO OR-1, OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on March 17, 2008. Given second title reading on April 7, 2008. Given third title reading. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Clark, Kendall, Schweser, Douglas, Kirkham and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-6-2008 ORDINANCE CHANGING THE ZONING OF INLOT 10160 IN THE CITY OF TROY, OHIO, FROM MIAMI COUNTY ZONING A-1 DOMESTIC AGRICULTURAL DISTRICT TO CITY R-3-B, SINGLE-FAMILY RESIDENCE ZONING This Ordinance was given first title reading on April 7, 2008. Given second title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Schweser, Douglas, Kirkham, Harrah and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas Discussion. Mr. Kendall stated he would be voting against the Ordinance based on: -Planning Commission minutes reflect an initial concern regarding the rezoning. -There are no immediate plans for the use of the property. -That the other small parcels in the area provide more difficulty with Comprehensive Plan guidelines. -The applicant changed the original informal plan as proposed to staff, causing a re-evaluation of the proposal. -The city engineering staff objected to any cul-de-sac for the proposed rezoning. -There is a problem with limited street frontage. -Future street cuts along SR 718 are problematic. April 17, 2008 Page Three -The proposed rezoning of R-3-B is not low density. -Staff has recommended denial for reasons outlined in the staff report. -And the R-3-B zoning is inconsistent with the Comprehensive Plan for the area, as noted by the Planning Commission in July, 2007. Yes: None. No: Schweser, Douglas, Kirkham, Harrah, Clark and Kendall. ORDINANCE FAILED ADOPTION COMMENTS OF THE MAYOR: The Mayor commented about the April 1-15 trade mission to Japan, stating that the delegation achieved three priorities – representing the City with economic development visits to current and potential businesses, created a stronger bond with Takahashi City, Japan during a sister city visit, and the educational and cultural value with the understanding that comes from such trips. The Mayor also commented that: - The Kickoff for the Treasure Island Adventure Series will be announced April 22. This is a joint effort of involvement of the Miami Conservancy District, the Miami County Park District, The Troy Foundation, and the City of Troy. - The City will be receiving the 22nd consecutive Tree City USA award. - On April 26 the Springfield Symphony Concert will be held at the Hobart Arena. This is a free concert to citizens. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Regarding the trade mission, Mr. Titterington stated he was amazed by the pace of the work; there were 13 meetings, ten with 13 of our current Japanese companies; the delegation traveled over 1,000 miles by train; he was impressed by the companies appreciating being in Troy; and he feels there is a great benefit to the City from the trips. COUNCIL COMMENTS: - Mr. Harrah noted that he represented the City at the MVRPC annual meeting. He also asked for information about what constitutes a U-turn in areas where there are boulevards. - Mr. Kendall stated the Law & Ordinance Committee will be setting a meeting on fence ordinance revisions. - Mr. Clark provided a reminder about the Business Expo on April 23 at Hobart Arena. Regarding focusing on the river, he stated he understands Dayton does not want kayaking on the river, so those persons should come to Troy. COUNCIL PRESIDENT COMMENTS. Mrs. Baker noted the many events that will be taking place in Troy over the summer. There being no further business, the meeting adjourned at 7:56 p.m. _________________/s/_______________________ _________________/s/__________________ President of Council Clerk of Council |