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June 15, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 15, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall, Kirkham and Schweser. Presiding Officer: Martha A. Baker, President of Council Others Present: Patrick E. J. Titterington, Director of Public Service and Safety Grant D. Kerber, Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Mr. Clark. PUBLIC HEARING: At 7:02 p.m., Mrs. Baker declared open a public hearing on Ordinance No. O-15-2009, the revised Subdivision Regulations. Michael Staudt, of Sidney, Ohio, and the attorney for the Miami County Home Builders Association (HBA), stated the HBA was in favor of the Subdivision Regulations with modifications to the following sections due to potential cost increases to developers and purchasers and the long-term impact the three provisions could have on the development of lots and on the community in general. Section 1115.02, Time Limitations. The HBA sees the requirement as a huge departure from past requirements, and that can be burdensome on a development with a long build out period. Section 1117.02 (b) and (c), Open Space. The HBA sees this as building uncertainty into a development as to the area of green space that may be required. The HBA prefers the current code that has a specific formula for open space requirements. Section 1121.02 (g), Bike Trails or Recreation Trails. The HBA sees this as having the potential to significantly increase width of sidewalks or some roadways without a clear understanding of when this could occur. There being no further comments, at 7:23 p.m., Mrs. Baker declared this public hearing closed. MINUTES: The Clerk of Council gave a summary of the minutes of the June 1, 2009 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. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee. Mr. Harrah, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for Phase 3 of the Downtown Alley Improvement Project (areaway beside the REC) at a cost not to exceed $78,500. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into three LPA Agreements with the Ohio Department of Transportation (ODOT) associated with the three roadway projects to be funded by stimulus funds. The legislation will be submitted as an emergency measure to meet the format of ODOT. 3) Committee recommends legislation be prepared authorizing the Resolution of Necessity for Phase 6B of the Sidewalk Improvement Program. Reports signed by Douglas, Kirkham and Harrah. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE RESOLUTION NO. R-30-2009 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 3 OF THE DOWNTOWN ALLEY RECONSTRUCTION PROJECT This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Clark, Hutchinson, Douglas, Kirkham, Schweser and Kendall. No: None. June 15, 2009 Page Two Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Hutchinson, Douglas, Kirkham, Schweser, Kendall and Harrah. Abstain: Clark (as a member of the Board of the Troy Recreation Association, Inc. to avoid an appearance of a conflict of interest as the project will be in the area of property of such Board.) No: None. RESOLUTION ADOPTED RESOLUTION NO. R-31-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO LPA AGREEMENTS WITH THE OHIO DEPARTMENT OF TRANSPORTATION AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Hutchinson, Douglas, Kirkham, Schweser, Kendall, Harrah and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Kirkham, Schweser, Kendall, Harrah, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-32-2009 RESOLUTION DECLARING THE NECESSITY OF PHASE 6B OF THE SIDEWALK REPLACEMENT PROGRAM IN THE CITY OF TROY, OHIO This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kirkham, Schweser, Kendall, Harrah, Clark, Hutchinson and Douglas. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Kendall. Yes: Schweser, Kendall, Harrah, Clark, Hutchinson, Douglas and Kirkham. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-15-2009 ORDINANCE ADOPTING THE REVISED SUBDIVISION REGULATIONS AS AN ADDITION TO THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading on May 18, 2009. Given second title reading on June 1, 2009. Given Public Hearing and third title reading. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Hutchinson, Douglas, and Schweser. No: Kirkham and Harrah. ORDINANCE ADOPTED PRESENTATION REGARDING NATIONAL NIGHT OUT. Becky Chaney commented that this annual event will take place on August 4, 2009 in the Troy Community Park from 5:30 p.m. – 9:00 p.m. She noted that a number of agencies will be present to provide information for the public and that a number of vendors will be providing free food and beverages. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington stated that City offices will be closed Friday July 3 for the July 4 holiday; however trash collection and recycling services will be on schedule. Mr. Titterington also noted that recent bids on the cleaning of the lime sludge lagoon and the painting/repair of two water towers should result in budget savings. June 15, 2009 Page Three COMMENTS OF PRESIDENT OF COUNCIL. Mrs. Baker offered best wishes to employees Tim Fourman and Kevin Boggs who both announced retirements for June 30, 2009. COMMENTS OF MEMBERS OF COUNCIL. * Regarding the Troy Strawberry Festival: -Mr. Harrah and Mr. Kendall discussed the number of cars parked in Riverside Cemetery during the Strawberry Festival. Mr. Titterington commented that with the good weather and large crowds, people did park in the Cemetery despite the patrolling and barricades. -Mr. Schweser congratulated the Festival Chairman and volunteers. -Mr. Kendall noted that a new water feature added to the Festival had good participation. * Mr. Clark thanked the City Beautification Committee and neighbors who have further planted the E. Main Street Boulevard. He noted that the Troy Classic on the Square will be held July 18. He also asked for a Lincoln Community Center update in the near future. * Mr. Harrah commented that he was recently in Iowa and met people from Japan that had heard of Troy. CITIZEN COMMENTS: Deborah Stichter, 467 W. Staunton Road, commented about Council information being available on line, the sidewalk to the new restrooms in the Community Park that have been completed, and the work being done at the Treasure Island lagoon area. There being no further business, the meeting adjourned at 7:49 p.m. ____________________/s/____________________ _________________/s/___________________ Clerk of Council President |