(return to 2010 Minutes)

September 7, 2010

MINUTES OF COUNCIL

A regular session of Troy City Council was held Tuesday, September 7, 2010, at 7:00 p.m. in Council Chambers.

Members Present: Clark, Harrah, Phillips and Schweser.
Upon motion of Mr. Clark, seconded by Mr. Phillips, Mr. Kendall was excused from this meeting by unanimous roll call vote.
Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Hutchinson was excused from this meeting by unanimous roll call vote.
Upon motion of Mr. Schweser, seconded by Mr. Phillips, Mr. Stubbs 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 Titterington, Director of Public Service & Safety

PLEDGE OF ALLEGIANCE: The Pledge was led by Caleb Leibold from Boy Scout Troop 413.
INVOCATION: An invocation was given by Council President Baker.

MINUTES: The Director of Law gave a summary of the minutes of the August 16, 2010, 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.

PUBLIC HEARING: At 7:04 p.m. Mrs. Baker declared open a public hearing on Ordinance No. O-18-2010, the rezoning of IL 7171.

Dr. Suresh Gupta, applicant, stated that when he purchased the property he was not aware he could not have a restaurant under B-2 zoning; as it had been a restaurant in the past he assumed he could reopen as a restaurant; the property has been vacant for about two years; he plans a very nice family-oriented restaurant/sports bar and grill similar to that he has in Dayton known as the Filling Station; the facility would provide entertainment for all age groups; children will be a main focus with a video arcade; there will be an outside patio; the operation will employ about 40 persons in two shifts; the salaries would bring in about $8,000 a year to the City in income taxes; the estimated $1,000,000 in sales the first year would result in approximately $70,000 in State sales tax revenues; he recognizes there was a comment in the paper about go carts but there are no plans for that; the renovation to the building is complete; roof repairs have been done; new equipment has been purchased; he is ready to start operating if the rezoning is approved; and, as a physician, he runs a local pain clinic and urgent care.

Mrs. Baker explained that this has been assigned to the Law & Ordinance Committee, which Committee will meet to provide a recommendation to Council.

In response to Mr. Phillips, Dr. Gupta stated all issues from any inspections have been completed.
In response to Mr. Clark, Dr. Gupta stated he will not be renting out any of the property.
In response to Mr. Harrah, Dr. Gupta stated his total investment is over $1,000,000.

Ronnie Vanchure, 18 E. West Street, stated he will be the General Manager for the Filling Station; he has been a resident for five years; he loves the community and volunteers in the community; he suggested Dr. Gupta start this business as he heard there was nothing to do in Troy; there has been a considerable investment in the planned restaurant; employees have been hired and are ready to start work; and he feels this is a good business being provided for the community.

There being no further comments, Mrs. Baker declared this public hearing closed at 7:16 p.m.

INTRODUCTIONS: Two student members of the Troy-Takahashi Student Delegation Program, Samantha Neumeier and Lindsay Gates, were introduced, along with Carla Lohrer, one of the adults who accompanied the delegation on the recent trip to Japan. The Mayor presented them with City seal medallions.

September 7, 2010 Page Two

COMMITTEE REPORTS:

Finance Committee: Mr. Schweser reported as follows:
1) Committee recommends legislation be prepared accepting the tax levies for the City of Troy as certified by the Miami County Budget Commission for the Troy School District and the Miami East School District. To meet the statutory requirement that the City accept the tax rates by October 1, Committee recommends emergency legislation.
2) Committee recommends legislation be prepared authorizing the release of the mortgage lien held for the loan to the Trinity Episcopal Church issued in 2002 for repairs to 221 Public Square SE. In that the loan obligation has been met, Committee recommends emergency legislation so that the lien is immediately released.
Reports signed by Schweser.

Law & Ordinance Committee: Mr. Schweser reported that Committee recommends legislation be prepared authorizing the replat of Inlots 10170 and 10313 including the vacation of easements no longer required by the City.
Report signed by Phillips and Schweser.

Oral Report: Mr. Schweser gave an oral report of notice of new C1 and C2 permits for Walgreen Co, dba Walgreens 07331 at 20 West Market Street, Troy, Ohio.

Recreation & Parks Committee: Mr. Clark reported that Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract or contracts for:
* Resurfacing/reconstruction of two of the four tennis courts at Duke Park at a cost not to exceed $70,000.
* Resurfacing of Basketball Court #1 at the Troy Community Park at a cost not to exceed $15,000.
* Resurfacing of the south section of the recreational trail at Duke Park at a cost not to exceed $35,000.
Report signed by Clark.

Discussion – Mr. Schweser asked about the Duke Park Tennis Courts, particularly a crack down the courts, and what can be done to preserve other courts. Mr. Titterington commented City staff will look at the other courts to see if something can be done to increase the useful life of the courts; however, the Park Board had asked for all four courts to be resurfaced and the other two courts at Duke Park will need to be addressed in the next one or two years. In response to Mr. Harrah, Mr. Titterington stated there were no grants to maintain tennis courts. In response to Mr. Phillips, Mr. Titterington stated the courts need to be completely resurfaced, but bidder can submit alternate work proposals.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE

RESOLUTION NO. R-46-2010
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 CERTAIN RESURFACING PROJECTS

This Resolution was given first title reading.

RESOLUTION NO. R-47-2010
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

RESOLUTION NO. R-48-2010
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY

This Resolution was given first title reading.
September 7, 2010 Page Three

ORDINANCE NO. O-19-2010
ORDINANCE CHANGING THE ZONING OF INLOT 7171 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT TO B-2, GENERAL BUSINESS DISTRICT

This Ordinance was given first title reading on 8-16-2010.
Given public hearing and second title reading.


ORDINANCE NO. O-21-2010
ORDINANCE APPROVING THE REPLAT OF INLOTS 10170 AND 10313 IN THE CITY OF TROY, OHIO AND REMOVING EASEMENTS

This Ordinance was given first title reading.

ORDINANCE NO. O-22-2010
ORDINANCE RELEASING MORTGAGE LIEN FOR TRINITY EPISCOPAL CHURCH AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

COMMENTS OF THE MAYOR:
Mayor Beamish advised that with the 9th anniversary of the 9-11-2001 tragedy, a citizen has created a memorial on his own property and would welcome any attendance for the dedication of the memorial.

COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY:
Mr. Titterington commented:
- City received a State Grant in the amount of about $68,000 to help offset the costs of DARE/SRO.
- Traveling north on Market Street at Staunton Road, there is now a limited left turn signal. The timing of that signal
continues to be evaluated.


COMMENTS OF MEMBERS OF COUNCIL:
Mr. Schweser asked if the signal at Market and Staunton was driven by comments from Teen Leadership Troy. Mr. Titterington stated it was more due to the fact that the N. Market Street traffic will be impacted when the Adams Street Bridge is out and that the intersection met the warrants for installation of the signal.

Mr. Harrah, noting that the speed trailer is broken and cannot economically be fixed, asked about grants to replace it. Mr. Titterington stated this being looked at.

Mr. Clark asked why there are no sidewalks on Ridge Avenue leading to the bike path and asked for a response at a later time.

There being no further business, the meeting adjourned at 7:45 p.m.


____________________/s/__________________ _______________/s/____________________
Clerk of Council                                                        President of Council