Troy, OH - City Council Meeting 5/2/2016 (Part I)

8/17/2019 Troy, OH - City Council Meeting 5/2/2016 (Part I)

1/43

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City

of Troy

u ~

INVOCATION

AGENDA. TROY CITY COUNCIL

MONDAY. MAY 2. 2016. 7:00 P.M.

COUNCIL CHAMBERS. CITY HALL

PLEDGE OF ALLEGIANCE

ROLL CALL

excuses by motion/second/roll call vote

SUMMARY OF MINUTES April 18, 2016 Meeting

April 25, 2016 Special Meeting

motion/second/roll call vote

motion/second/roll call vote

COMMITIEE REPORTS

Citizen comments on committee reports or agenda items - two minute limit

RESOLUTIONS

R-21-2016

R-22-2016

R-23-2016

R-24-2016

R-25-2016

R-26-2017

ORDINANCES

0 20 2016

0 21 2016

0 22 2016

Authorize application for CDBG projects for PY2016

Authorize agreement with AFSCME bargaining unit for 2016-2018

Authorize agreement with AFSCME Park bargaining unit for 2016-2018

Loan from Small Business Development Revolving Loan Fund, Smith's

Boathouse Restaurant, LLC 152,300

Loan from Small Business Development Revolving Loan Fund,

Adventures on the Great Miami, LLC 26,000

Request County Audi tor to certify millage for funding levy for park and recreation

EMERGENCY

EMERGENCY

EMERGENCY

EMERGENCY

EMERGENCY

Zoning of Trader Annexation, lnlots 10578 & 10579, from County zoning

of

A-2, General

Agriculture to City zoning A, Agricultural District

Zoning of Cheney Annexation, lnlot 10574 from County zoning of R-1AAA, Single-Family,

to City zoning

of

M-2, Light Industrial District

Rezoning of IL 9678 from M-2, Light Industrial District, and B-2, General Business District,

to the single zoning of B-2, General Business District

st

Reading

st Reading

st Reading

st

Reading

st

Reading

st Reading

3rd Reading

3rd Reading

3rd Reading

0 27 2016

0 28 2016

Salary Ordinance, AFSCME represented employees for 2016-2018

EMERGENCY

st

Reading

Rezone part

of IL 39 (16 S. Short St.) from B-2, General Business District, to R-5,

Single Family Residence District PUBLIC HEARING 5-16-2016

0 29 2016 Rezone IL 8661 (532 Grant St.1619 Lincoln Ave.) from M-2, Light industrial District, to OR-1,

Office Residential District PUBLIC HEARING 5-16-2016

COMMUNICATIONS/ANNOUNCEMENTS

COMMENTS:

COMMENTS:

Mayor, Director of Public Service & Safety, Director of Law, Auditor, Council President

Council

st Reading

st Reading


2/43

DISPOSITION OF ORDINANCES AND RESOLUTIONS

Date of Meeting: May 2 2016 Troy City Council Meeting

DESCRIPTION

RESOLUTION NO 1ST READING 2ND READING

3RD READING

PUBLIC HEARING

SUSPENSION

ADOPTION

CDBG Application

R-21-2016

greement - AFSCME

R-22-2016

greement AFSCME PARK

R-23-2016

oan - Smith s Boathouse Rest.

R-24-2016

oan - Adventures on the Great Miami R-25-2016

equest Co. Auditor to provide

ertification related to park levy

R-26-2016

RDINANCE NO

Zoning Trader Annex - A

0-20-2016 4/4/2016 4/18/2016 4/18/2016

oning Cheney Annex - M-2

0-21-2016 4/4/2016

4/18/2016

4/18/2016

ezone IL 9678, by 1201 Brukner Dr.

rom M-2 B-2 to M-2

0-22-2016

4/4/2016

4/18/2016

4/18/2016

Salary Ord. AFSCME

0-27-2016

ezone 16 S Short, B-2 to R-5

0-28-2016

ezone 532 Grant M-2 to OR 1

0-29-2016


3/43

April 18, 2016

MINUTES OF COUNCIL

A regular session

of

Troy City Council was held Monday, April 18, 2016, at 7:00 p.

m. in

Council Chambers.

Members Present: Heath, Kendall, Oda, Phillips, Snee, Terwilliger, Tremblay and Twiss.

Upon motion

of

Mr. Kendall, seconded by Mr. Tremblay, Mr. Schweser was excused from this meeting by

unanimous roll call vote.

Presiding Officer:

Others Present:

PUBLIC HEARINGS:

Martha A. Baker,

Michael L. Beamish,

Patrick E. J. Titterington,

Grant D. Kerber,

John E. Frigge,

President of Council

Mayor

Director of Public Service and Safety

Director of Law

Auditor

1.

At 7:02 p.m., Mrs. Baker declared open a public hearing on Ordinance

No.

0-20-2016, zoning

of

Trader

Annexation, lnlots 10578 10579, from County zoning

of

A-2, General Agriculture to City zoning

A

Agricultural District.

There were no comments in this regard, and at 7:03 p.m., Mrs. Baker declared this public hearing

closed.

2.

At 7:03 p.m., Mrs. Baker declared open a public hearing on Ordinance No. 0-21-2016, Zoning of

Cheney Annexation, lnlot 10574, from County zoning

of

R-1AAA, Single-Family,

to

City zoning of

M-2

Light Industrial District.

There were no comments

in

this regard, and at 7:04 p.m ., Mrs. Baker declared this public hearing

closed.

3.

At 7:05 p.m., Mrs. Baker declared open a public hearing on Ordinance No. 0-22-2016, rezoning

of

IL

9678 from M-2, Light Industrial District, and

B-2

General Business District, to the single zoning

of

B-2,

General Business District.

There were no comments in this regard, and at 7:05 p.m ., Mrs. Baker declared this public hearing

closed.

MINUTES: The Clerk gave a summary

of

the minutes

of

the April 4 2016 meeting

of

Troy City Council. There

were no corrections or additions to these minutes. A motion was made by r. Tremblay, seconded by Mr.

Phillips, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:

Community and Economic Development Committee: Mr. Twiss, Chairman, reported as follows:

1) Committee recommends legislation be prepared to transfer part of OL

91

land behind Lincoln

Community Center)

to

the Troy City School District Board

of

Education.

2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety

advertise for bids and enter into a Cash Farm Lease Agreement for approximately 69 acres located

north of Duke Park.

Reports signed by Kendall, Schweser and Twiss.

Personnel: Mr. Terwilliger commented that the Mayor has asked for approval

of

two appointments to the City

Beautification Committee. A motion was made by Mr. Terwilliger, seconded by Mrs. Snee, to approve the

appointments of Phyllis Dawkins and Mary Davis to the City Beautification Committee for terms commencing

immediately and ending July of 2017. Motion passed by unanimous vote.

Recreation and Parks Committee: Mr. Heath, Chairman, reported that Committee recommends legislation be


4/43

April

18

2016

Page Two

RESOLUTION NO. R-18-2016

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF

TROY, OHIO TO ADVERTISE FOR BIDS FOR A FARM LEASE AGREEMENT FOR LAND LOCATED NORTH

OF

THE PAUL

G.

DUKE PARK

This Resolution was given first title reading.

Discussion: In response to Mrs. Oda,

Mr.

Titterington advised that about 69 acres would be farmed.

Mr.

Kendall moved for suspension o rules requiring three readings. Motion seconded by

Mr.

Twiss.

Yes:

Snee, Kendall, Phillips, Terwilliger,

Oda

Tremblay, Heath

and

Twiss.

No: None.

Mr. Phillips moved for adoption. Motion seconded by Mr. Kendall.

Yes: Kendall, Phillips, Terwilliger, Oda, Tremblay, Heath, Twiss and Snee.

No: None. RESOLUTION ADOPTED


A RESOLUTION AUTHORIZING CONSENT AND COOPERATION WITH THE OHIO DEPARTMENT OF

TRANSPORTATION FOR THE RESURFACING

OF

STATE ROUTE 718 WITHIN THE RIGHT-OF-WAY OF

THE CITY OF TROY, OHIO

IN

FY 2017 AND DECLARING AN EMERGENCY


Mr.

Phillips moved for suspension o rules requiring three readings. Motion seconded by

Mr.

Tremblay.

Yes: Phillips, Terwilliger, Oda, Tremblay,

Heath

Twiss, Snee and Kendall.

No: None.

Mr.

Kendall moved for adoption. Motion seconded by

Mr.

Heath.

Yes: Terwilliger, Oda, Tremblay, Heath, Twiss, Snee, Kendall and Phillips.


ORDINANCE

NO.

0-20-2016

ORDINANCE CHANGING THE ZONING

OF

INLOTS 10578 AND 10579 IN THE CITY

OF

TROY, OHIO FROM

THE MIAMI COUNTY ZONING OF A-2, GENERAL AGRICULTURE, TO THE CITY OF TROY ZONING OF

A

AGRICULTURAL DISTRICT

This Ordinance was given first title reading on April 4 2016.

Given Public Hearing and second title reading.

ORDINANCE NO. 0-21-2016

ORDINANCE CHANGING THE ZONING OF INLOT 10574 IN THE CITY OF TROY, OHIO, FROM THE MIAMI

COUNTY ZONING OF R-1AAA, SINGLE-FAMILY, TO THE CITY OF TROY ZONING OF M-2, LIGHT

INDUSTRIAL DISTRICT

This Ordinance was given first title reading

on

April 4 2016.

Given Public Hearing

and second title reading.

ORDINANCE NO. 0-22-2016

ORDINANCE CHANGING THE ZONING OF INLOT 9678 (PARCEL NO. D08-105060)

IN

THE CITY OF


5/43

April 18 2016

Page Three

Mr.

Heath moved for suspension of rules requiring three readings. Motion seconded by

Mr.

Twiss.

Yes:

Oda

Tremblay Heath Twiss Snee Kendall Phillips and Terwilliger.

No: None.

Mr. Phillips moved for adoption. Motion seconded by Mr. Twiss.

Yes: Tremblay Heath Twiss Snee Kendall Phillips Terwilliger and Oda.

No: None. ORDINANCE ADOPTED

ORDINANCE

NO.

0-25-2016

ORDINANCE AMENDING ORDINANCE

NO.

0-42-2015 APPROPRIATING FUNDS NECESSARY FOR THE

VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY OHIO

This Ordinance was given first title reading.

Mr. Tremblay

moved

for suspension of rules requiring three readings. Motion seconded by Mr. Heath.

Yes: Heath Twiss Snee Kendall Phillips Terwilliger Oda and Tremblay.

No: None.

Mr. Phillips moved for adoption. Motion seconded by Mr. Twiss.

Yes: Twiss Snee Kendall Phillips Terwilliger Oda Tremblay and Heath.


ORDINANCE

NO.

0-26-2016

ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY

OHIO TO EXECUTE TRESURE ISLAND NON-TICKETED USE AGREEMENTS FOR 2016 EVENTS

AT

TREASURE ISLAND PARK AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mr.

Phillips moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.

Yes: Snee Kendall Phillips Terwilliger Oda Tremblay Heath and Twiss.

No: None.

Mr. Phillips moved for adoption. Motion seconded by Mr.

Kendall.

Yes: Kendall Phillips Terwilliger Oda Tremblay Heath Twiss and Snee.


COMMENTS OF MAYOR BEAMISH: Mayor Beamish thanked Council for the appointments to the City

Beautification Committee.

COMMENTS

OF

PRESIDENT OF COUNCIL: Mrs. Baker congratulated Fire Department secretary Kim Rohr on

her retirement.

AUDIENCE COMMENTS:

Regarding a mountain bike trail:

-James Thompson 209 Nottinghill Lane spoke regarding a mountain bike trail that is being established within

cemetery property adjacent to his property. He commented that considerable work has been done and he

feels the committee involved in the project have overstepped their bounds especially

as he

understood the

project was on hold.


6/43

April 18 2016 Page Four

-Tony O Neal, 249 Riverside Drive, stated

his

objection

to

the work that has been done

on

the trail

and

how

much

has

been cleared, the closeness of the work to his property, and that there

was no

notice

to

or

communication with the neighbors. He said he had been told the City would not invest funds in the trail

development, but believes that any work at all by the City at the site has a cost.

-Wade Westfall, 2570 Troy-Sidney

Road

stated his support of the trail, that

he

enjoys not having

to

drive

to

another community for mountain bike trail riding, and believes

it

will bring people into Troy who spend money

while here and support the economy,

-Mike Treon, 413 Bear

Run

Piqua, stated

he

uses the trail and supports the further development of

it. He

commented that Piqua had a similar issue, but once the facility was built,

it

has turned out

to be

an asset

to the

community.

-Craig Carroll, 2221 Blazing Star Drive, Tipp City, stated he uses the trail and supports the further development

of

it the

riders are respectful people, and he believes the more it is used by respectful bikers will serve to

keep

riffraff and drug users out.

Other:

-Lester Conard

121 O S.

Clay Street, commented that

he

believes other park areas need to

be

maintained, that

the City cares about money and not citizens, the police should concentrate

on

handling drug activity

and not

sending letters to a 97 year

old

resident about a flat tire.

-Nancy Kesley, 1183 Edison Avenue, asked about plans for mosquito fogging, stating her concerns with

diseases spread by mosquitos, and that the City consider fogging the entire City. Mr. Titterington commented

that the City has been doing limited fogging and would continue that. It was also noted that some citizens

are

concerned with the chemicals used

to

fog.

EXECUTIVE SESSION: A motion was made

by

Mr. Kendall, seconded by Mrs. Snee, to recess into executive

session for discussion of preparing for, conducting or reviewing negotiations or bargaining sessions with public

employees concerning their compensation or other terms and conditions of their employment.

Motion passed, unanimous

roll

call vote.

At 8:19 p.m. Council recessed into Executive session.

A motion was made by Mr. Kendall, seconded by

Mr.

Phillips, to return to regular session.

Motion passed

by

unanimous

roll

call vote.

At 8:31 p.m. Council returned to regular session and, there being

no

further business, adjourned.

Clerk of Council



7/43

April 25 2016

MINUTES OF COUNCIL

A special session of Troy City Council was held Monday April 25 2016 at 5:30 p.m.

in

Council Chambers.

Members Present: Heath Kendall Oda Phillips Schweser Snee Terwil liger and Tremblay.

Upon motion of Mrs. Snee seconded by Mr. Kendall

Mr.

Twiss was excused from this meeting by unanimous

roll call vote.

Presiding Officer:

Others Present:

Martha A. Baker

Michael L Beamish

Patrick E. J. Titterington

Grant D. Kerber

John E. Frigge


Mayor


Director of Law

Auditor

NOTICE OF SPECIAL MEETING OF TROY CITY COUNCIL:

The Notice of Special Meeting was read and signed. The original notice

is

attached to the original minutes.

The notice stated the purpose

of

the meeting was to consider R-20-2016 accepting the report of the fact finder

concerning the City of Troy and AFSCME Ohio Council 8 and declaring

an

emergency. This meeting is called by

Council President Baker pursuant

to

Rule XX

of

the Troy City Council Rules for Procedure.

COMMITTEE REPORTS: None


RESOLUTION ACCEPTING THE REPORT OF THE FACT FINDER CONCERNING THE CITY OF TROY

AND AFSCME OHIO COUNCIL 8 AND DECLARING

AN

EMERGENCY


Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Tremblay.

Yes: Tremblay Heath Schweser Snee Kendall Phillips Terwilliger and Oda.

No: None.

Mr. Kendall moved for adoption. Motion seconded by

Mr.

Schweser.

Yes: Heath Schweser Snee Kendall Phillips Terwilliger Oda and Tremblay.


There being no further business the meeting adjourned at 5:35 p.m.

Clerk

of

Council President

of

Council


8/43

TO:

FROM:

SUBJECT:

Mrs. Baker President

of

Council

COMMITTEE REPORT

TROY

CITY

COUNCIL

Community Economic Development Committee

REZONING ORDINANCES

0-20-2016, 0-21-2016, AND 0-22-2016

SUMMARY REPORT: to e read t Council meeting)

DATE:

April

27

2016

This Committee met on April

27 to

provide a recommendation to Council regarding three rezoning applications that

have been presented to Council. We note that all three applications have been recommended for approval by the

Troy Planning Commission. We also note that public hearings were held on each application, and there were no

comments made at the public hearings related to the requested rezonings. Each application

is

discussed in the

detailed report. We have individually considered each application and support each rezoning application.

RECOMMENDATION: to e read t Council meeting)

It is the recommendation

of

this Committee that:

• Council should approve Ordinance No. 0-20-2016.



Respectfully submitted,

Thomas M. Kendall

John W. Schweser

William

C

Twiss Chairman

Community Economic Development Committee

DETAILED REPORT:

This Committee met on April 27 2016 to provide a recommendation

to

Council regarding three pending rezoning

applications.

The

meeting was

also

attended by Mayor Beamish, Council Members Oda, Tremblay, Phillips,

Terwilliger and Heath, the Director of Law the Director of Public Service and Safety, members

of

the City staff,

and citizens.

The rezoning applications are:

1

0-20-2016, zoning

of

Trader Annexation, lnlots 10578 10579, from County zoning

of

A-2, General


9/43

COMMITTEE

REPORT

P GE TW

• Proposed use is consistent with the requested zoning district and the proposed City of Troy zoning

district; and

•

The

proposed rezoning

is

consistent with the City

of

Troy Comprehensive Plan.

2. 0-21-2016, Zoning of Cheney Annexation, lnlot 10574, from County zoning of R-lAAA, Single-Family, to

City zoning

of

M-2, Light Industrial District. This will apply a City zoning to recently annexed land consisting

of 1.243 acres. This

lot is

located south of the Archer Drive/Peters

Road

Intersection.

The

rezoning has been recommended by the Troy Planning Commission. Council held a public hearing on

April 18 and no comments were made regarding the rezoning.

We support the findings

of

the Troy Planning Commission

that

lnlot 10574, known

as

the Cheney

Annexation, be rezoned from the County zoning of R-lAAA, Single-Family, to the City zoning

of

M-2, Light

Industrial District, based on the findings of staff that:

•

The

proposed rezoning is consistent with the intent and purposes

of

the City

of

Troy Zoning Code;

• The proposed rezoning

is

consistent with the surrounding zoning districts; and

•

The

proposed rezoning is consistent with the City

of

Troy Comprehensive Plan.

3.

0-22-2016, rezoning

of

IL

9678 from the dual zoning

of

M-2, Light Industrial District, and

B-2

General

Business District,

to

the single zoning of

B-2

General Business District. This lot consists of 1.649 acres and

is

located adjacent to 1201 Brukner Drive. The property owner is Earhart Brothers Leasing LLC and the

applicant

is J

Tim

Logan.

The rezoning has been recommended by the Troy Planning Commission.

Council held a public hearing on April 18 and no comments were made regarding the rezoning. We

support the findings

of

staff that that lnlot 9678 (parcel D08-105060) be rezoned from the dual zoning

of

M-2, Light Industrial District, and

B-2

General Business District, to the single zoning of B-2 General Business

District, based on the findings

of

staff that:

• The area has similar buffer zoning to the north

of

the proposed zoning classification; and

• The parcel meets the bulk requirements for a

B-2

zoned property and fits the proposed use well;

and

• The proposed rezoning

is

consistent with the intent and purposes of the City of Troy Zoning Code.

RECOMMENDATION:

It

is

the recommendation of this Committee that:





10/43

TO:

Mrs. Baker, President of Council

FROM: Finance Committee

SUBJECT:

PY 2016 CDBG PROGRAM

SUMMARY

REPORT:

to be read

t

Council meeting)

COMMITTEE REPORT

TROY

CITY COUNCIL

DATE: April 27, 2016

On April

27,

this Committee met

to

review

the CDBG

Community Development Allocation Grant Program

for

Project

Year PY)

2016.

Troy s allocation will be

150,000. This

includes

75,000 that

was allowed

to

be held over from PY

2015.

RECOMMENDATION:

{to be read t Council meeting)

We recommend

that

legislation be prepared to approve authorizing submittal of an application

for

the PY 2016

CDBG

funds

to

be

used

for

the following funds, which meet the criteria

for

the use of

the

funds:

10,000

Lincoln Community Center Swimming Pool access device installation

40,000

Treasure Island universal accessibility dock installation

85,000

Sidewalk street corner accessibility ramp installations in

East

Troy

3,000 Fair Housing Program

S

12,000

General Administration

150,000

Total

DETAILED REPORT:


John W. Schweser

Douglas W. Tremblay

Thomas M. Kendall, Chairman

Finance Committee

This Committee

met

April 27, 2016,

to

review the

CDBG

Community Development Allocation Grant Program

for

project year

PY)

2016 The meeting was also attended by

ayor

Beamish, Council Members Twiss, Oda, Heath, Phillips and Terwillinger, the

Director of Law,

the

Director of Public Service and Safety, members of

the

City staff, and citizens.

Under

the

program,

the

City

is

eligible

to

receive

150,000 of PY 2016 (7/1/16-6/30/17) CDBG

funds

to

be used

for

qualifying

projects. This includes

75,000 the

Ohio Development Services Agency ODSA) allowed to be held over

from PY 2015.

The

funds must be expended by 12/31/17. These are Federal Funds and must benefit Low/Moderate Income (LMI) households or

programs

that

serve LMI areas. From these funds, the City can pay

for

professional services/environmental reviews required for

project administration and provide the yearly payment

to

the Miami County Fair Housing Program. The Development Director has

recommended

that

the following project be authorized

for

this funding as meeting the program criteria and being within the

funding allocation:

10,000

Lincoln Community Center Swimming Pool access device installation

40,000 Treasure Island universal accessibility dock installation


11/43

TO:

FROM:

COMMITTEE REPORT

TROY CITY COUNCIL

Mrs. Baker, President

o

Council

Finance Committee

DA TE: April

29

2016

SUBJECT: SBD LOANS - SMITH'S BOATHOUSE RESTAURANT, LLC AND ADVENTURES

ON

THE GREAT

MIAMI, LLC

SUMMARY:

to be read t Council meeting)

On April 29 this Committee met to consider the recommendation

o

the Loan Review Committee that loan applications

be approved for the two new concession operators at the Marina Building at Treasure Island Park from the Small

Business Development Revolving Loan Fund (SBD). Both loans will be adequately secured. There

is

an adequate

fund balance for both loans with a balance remaining to be considered for other applicants as well.

The loan to Adventures

on

the Great Miami, LLC (Chris Jackson) would

be

in

the amount

o

26,000, payable over

three years.

The loan to Smith's Boathouse Restaurant, LLC (Larry

S.

Smith and Ronald

A.

Smith) would be

in

the amount

o

152,300, payable over 10 years.

RECOMMENDATION:

to be read

t

Council meeting)

This Committee supports the recommendations

o

the Loan Review Committee, and we recommend that legislation

be prepared to:

1.

Approve the 26,000 loan to Adventures on the Great Miami, LLC.

2.

Approve the 152,300 loan to Smith's Boathouse Restaurant, LLC. As

is

permitted at the discretion of

Council, we support exceeding the guidelines for the SBD Loan Fund amounts and concur with the

contingency clause noted

in

the detailed report.

We further support that both Resolutions would be emergency legislation so that the loans can

be

closed without

delay.

DETAILED REPORT:


Douglas W. Tremblay

John W. Schweser

Thomas

M.

Kendall, Chairman

Finance Committee

On April 29, 2016, this Committee met to consider the recommendation

o

the Loan Review Committee that Council

approves the application for two separate loans to the new concession operators at the Marina Building at Treasure

Island Park from the Small Business Development Revolving Loan Fund (SBD). This meeting was also attended by

Mayor Beamish, Council Member Schweser, and members

o

the City staff.


12/43

ommittee Report

Page Two

Terms:

Security:

3 years, interest rate

of

3 annual simple interest

Second mortgage on the property located at 1945 - 1995 Ross Road and a UCC lien on all

of

the business assets and a personal guarantee

The total value of the project is 25,500. The City loan is 100% of this business expansion project. The loan

will facilitate the applicant getting the business established within the Marina Building at Treasure Island Park .

(2) Applicant:

Purpose:

Smith's Boathouse Restaurant, LLC

(Larry S. Smith and Ronald

A.

Smith)

Funding to make leasehold improvements and purchase equipment for the proposed

restaurant

in

the Treasure Island Marina Building.

Loan Amount: 152,300 (includes 1.5 points closing fee)

Terms:

Security:

Variances:

1 years; 1% interest only payments the first six months; 3 interest only payments the

second six months; and 3 interest and principal payments thereafter.

UCC lien on all of the business assets, and personal guarantees of Larry S. Smith and

Ronald A. Smith.

Contingency clause to forgive up to 49,900 of debt if a D5F Liquor Permit is denied by the

State

of

Ohio.

Exceeding the loan guidelines of 50,000.

The total value

of

the project

is

300,000. The City loan is 50% of this project. The balance of this project will

be

funded by a loan from Huntington Bank and family funded equity. The loan will facilitate the applicant getting

the restaurant at Treasure Island Park opened as soon as possible.

There

is an

adequate fund balance for both loans with a balance remaining to be considered for other applicants

as

well.

RECOMMENDATION:

This Committee supports the recommendations

of

the Loan Review Committee, and we recommend that legislation

be

prepared to:

3.

Approve the 26,000 loan to Adventures on the Great Miami, LLC.

4. Approve the 152,300 loan to Smith's Boathouse Restaurant,

LLC

. As is permitted at the discretion of

Council, we support exceeding the guidelines for the SBD Loan Fund amounts

and

concur with

the

contingency clause.

e

further support that both Resolutions would be emergency legislation so that the loans can be closed without

delay.


13/43

TO:

FROM:

SUBJECT:

Mrs

Baker, President

of

Council

Recreation and

Parks

Committee

OPERATION

RECREATION 2020

COMMITTEE REPORT

TROY

CITY

COUNCIL

SUMMARY REPORT: to be read t Council

meeting)

DATE: April 28, 2016

On

April 27, this Committee met to consider a request by a group of local recreational organizations that the

Council

place a 10 year capital property tax levy on the November 8 ballot. The Committee discussed unanswered questions

from the April 25 meeting, where the group emphasized that they would

be

responsible for endorsing, educating,

marketing, and campaigning. The group recognized that the Council would be placing the issue on the ballot at group's

request and not as a City-run levy. Our Committee meeting followed a workshop on April 25 that included Council, the

Board

of

Park Commissioners and the Troy Recreation Board.

The first step

in

a levy process

is

Council enacts a Resolution that requests the Miami County Auditor to certify the

millage that would

be

required to support the requested levy. The second step would

be

for Council to

pass an

Ordinance to place the question on the November 8 ballot.

RECOMMENDATION: to e read t

Councilmeeting)

I t is

the recommendation of this Committee that legislation

be

prepared requesting the Miami County Auditor to provide

the necessary certification identifying the millage required to generate 1,000,000

in

revenues per year.

We also

support that the legislation is presented as an emergency measure so that we can then consider the second piece

of

legislation regarding placing the levy on the ballot.

DETAILED REPORT:


Robin

I.

Oda

Douglas W. Tremblay

Brock A Heath, Chairman

Recreation and Parks Committee

On

April 25, 2016, Council met

in

a workshop session chaired by Council President Baker to consider a request of a

group of local recreational organizations known

as

the Operation Recreation 2020 Levy Committee that Council place a

ten year levy on the November ballot

so

that the electors could vote

to

determine if the levy could

be

passed. This levy

would provide the funding for the renovation and enhancement

of

existing and new facility projects within the City of

Troy Park System, including the improvement

of

areas of Duke Park that have not

been

developed, renovations

and

maintenance to the Troy Senior Citizens Center, the development

of

a driving range at the Miami Shores Golf Course,

and the renovation

of

the clubhouse at Miami Shores. The workshop was attended by members

of

Council (with Mr

Twiss absent), Council President Baker, Mayor Beamish, the Director of Law, the City Auditor, the Director

of

Public

Service and Safety, the three members of the Board of Park Commissioners, the five members of the Troy Recreation

Board, representatives of the organizations requesting the levy, members of City staff, and citizens.


14/43

COMMITTEE

REPORT

PAGE WO

the Levy Committee to secure the grants, Foundation funding, and pledges. The 8,000,000 gap is what would be

funded

by

a

Park

Levy.

The current estimate

is

that it would require

no

more than 2 mills for that

levy

amount,

which

would calculate to

70

a year for a 100,000 home.

The

Board of Park

Commissioners unanimously recommended to Troy City Council that a Park Levy

be

placed

on

the

November ballot so that the electors of Troy can determine

if

the levy will be supported. The members of the Troy

Recreation Board (with Mr. Jackson absent at this time), while verbally supporting the vision and concept, failed to

second a motion supporting the request.

Following the Board discussions, the eight members of Council attending unanimously approved a motion that

another meeting should

be

set to answer questions raised during the Workshop.

This matter was then assigned to the Recreation and

Parks

Committee, which met on April 27.

n

addition to the

Committee members, that meeting was attended by Council Members Phillips, Terwilliger, Twiss, Kendall

and

Schweser, Mayor Beamish, the Director of Law, the Director of Public Service and Safety, members of the City staff,

and citizens. Prior to our meeting, we received follow up information from the questions

at

the April

25

Workshop.

A copy

of

the follow up information

is

attached to this report. Those questions were discussed in detail. Council

Member Phillips, as the President

of

the Miracle League organization and Chair of the fundraising committee, also

responded to questions on behalf

of

the Levy Committee. Mr. Phillips apologized that other members

of

the

organization could not

be

there

on

short notice, because their recreational programs were

in

mid-season.

The first step

in

a levy process is

Council

enacts a Resolution that requests the Miami County Auditor to certify the

millage that would be required to support the requested levy. The second step would be for

Council

to pass an

Ordinance to place the question on the November 8 ballot.

The Director

of Public

Service and Safety noted that just because Council would approve a Resolution to the County

Auditor, that

does

not automatically

mean

that City

Council

approves

an

Ordinance to place the issue

on

the ballot.

Rather, those are two

pieces

of legislation and would

be

considered by

Council

at two different meetings.

f the levy is approved and the other funding secured, the City would later have other requirements of bidding

elements of the project (as the property owner), administering the projects, bonding the project to have the funds

available to pay the contracts, receipting the funds (both levy and private) to pay the ten year debt service.

RECOMMENDATION:

t

is

the recommendation of this Committee that legislation be prepared requesting the Miami County Auditor to provide

the

necessary

certification identifying the millage required to generate 1,000,000 in revenues per year.

We also

support that the legislation is presented as an emergency measure so that we can then consider the

second piece of

legislation regarding placing the levy on the ballot.

Encl.


15/43

AGENDA, MONDAY.

APRIL 25,

2016

Approx. 5:30 p.m.

COUNCIL CHAMBERS,

SECOND FLOOR

CITY HALL

WORKSHOP

BOARD OF

PARK

COMMISSIONERS

TROY

RECREATION BOARD

TROY CITY

COUNCIL

WORKSHOP Will COMMENCE FOLLOWING THE CONCLUSION

OF

A SPECIAl

MEETING OF CITY

COUNCIL)

I. BOARD OF

PARK

COMMISSIONERS:

A. Consider Treasure Island Non-Ticketed

Use

Agreement for concert Stranger at Treasure

Island Park on July

9. This

concert

was

confirmed

by

the band after the last

Park

Board

meeting when two other events were approved.

B. Consider a recommendation to Troy City Council regarding Operation Recreation

1. Presentation

by

Mr. Steve Felton, VP Troy Junior Baseball and member of

Operation Recreation grassroots committee

II

.

TROY RECREATION

BOARD

A.

Consider a recommendation to Troy City Council regarding Operation Recreation

111 COMMITTEE

MEETING

-TROY

CITY COUNCIL

AS A COMMIITEE OF THE WHOLE

(Chaired by Council President Baker)

A. Review recommendations

of

Board

of

Park Commissioners

and

Troy Recreation Board;

provide a recommendation

to

Council regarding Operation Recreation

cc:

Troy City Council

Board of Park Commissioners

Recreation Board


16/43

4 25 16

Operation Recreation 2 2 Levy Committee

To: City ofTroy, Board of Parks Commissioners - President Alan Kappers

Recreation Board, President - artinHobart

City Council, President - Martha Baker

We, of the Operation Recreation 2 2 Levy Committee, come before you this evening

to

request the

Board

of

Parks Commissioners support and recommend

to

the City Council

of

Troy, legislation regarding

a

PARK

LEVY

for

the improvement and enhancement

of

existing and new facili ty projects

within

the City

of Troy Park system.

To

put before the voters

of

the City of Troy

the

question of a Park Levy in the

amount of 2.0 mils

or

less

to

generate 8 Million

for the

items outUned in Attachment 1

of

this Jetter.

This Levy would be for the duration of ten years and sun setting at the end of that term. At the 2.0 mils

requested level, the cost to the voter would be approximately $70 per $100K of property valuation.

We are looking

to

partner

with

the City

of

Troy in financing and supporting these Park projects. The

Operation Recreation 2 2 Levy Committee is committed to raising our target

of

$4 Million. We look

at

this

as

the

Hobart Model

of

fundraising in this publ ic/private endeavor.

We represent the following organizations:

Troy Junior Baseball - Midwest Ohio Baseball - Troy Christian High School - Troy High School Softball

Organization - Troy Junior Trojans Baseball - Troy POST 43 & Troy

TL

Boosters, Inc - Troy Soccer Club -

Troy Senior Services Center and

iami

Shores Gol f Course.

We all have a strong support base

of

adults and children,

of

all abilities, represented in

the

organizations

identi fied above. We all have related and diverse needs related

to

Parks properties in the City

of

Troy.

We cannot stress enough the comprehensive nature

of

this

Parks

renovation and enhancement

to

existing and new facilities. Open space, renovated facilities, organized fields

of

play

for

a variety of users

and ages

are integral

for

the overall health of our community and the heart of activities for thousands of

residents and visitors in this outstanding community . All of the diverse and inclusive amenities provided

y

the

City of Troy work as economic development tools in addition

to

the pride residents feel in their

community.

Here is a very brie f outline f rom each organization describing what this means to them:

Troy Junior

BasebaU

is a 30 year old baseball organization that touches over 540 kids ranging in

age

from 5-15 years

of

age on 48 teams. There are approximately 500 league games each season depending


17/43

TJB has come to

the point

of

being cut-off from regular funding sources due

to

the constant and re

occurring repair or replacement of fields or infrastructure due to flooding of

their

facility. By moving the

TJB

operation

to

DUKE

Park

we

will

be

able

to

focus on the mission

of

TJB

by

having fun, coaching and

developing kids without the stress and financial strain

of

facility repair year after year. TJB looks forward

to the partnership with the City

of

Troy, Park maintenance Staff and other members

of

the baseball

community at a safe and beauti ful addition to the City

ofTroy Park

system.

Midwest

Ohio Baseball and other groups bring local, state and nationwide tournaments to our City.

This

is vital

to

traveling and select league sports groups for large scale events.

Th

is not only showcases the

City

of

Troy and our surroundings but

is

a great addition for local motels, restaurants and other

businesses directly and indirectly

as

an

economic development

tool for

our Chamber

of

Commerce and

Tourist Bureau.

Troy Christian

HS

has also

had

their troubles with water flooding at th ir property on 25A

and

Eldean

Rds.

In addition, they wm

be

losing

their

fields in the near future and are committed

to

contributing

to

this project. TCHS usually

has

Junior Varsity and Varsity baseball, Varsity Softball and a Teener

League

team using these fields. There are approximately 35

games

throughout the spring and summer in

addition

to

the practices by all teams.

Troy

HS

Softball normally

has

Varsity, Junior Varsity

and

Freshman teams each year. Approx

65

players

per

season

from

th

grade through high school run through this program. With approximately 130

families involved locally. The season

is

119 days plus 4 weeks of

off

season camps and general

instruction.

The THSS

organization plays teams from

Lima to

Cincinnati and Columbus

to

Indiana. A

facility

to

accommodate all

of

the team play with all

of

the organizations in this project will enhance and

assist in growing our organizations and provide an outstanding asset to the City

of

Troy.

Troy Junior Trojans Baseball serves 100 families per season exclusively

from

the Troy City School

District. Local and tournament play includes teams from the Greater Dayton area. Six

of

the nine teams

play on

two

fields which have caused scheduling conflicts with the 70 game season, not including rain

days. We

ully

support this project for a variety of reasons from Economic benefit to Troy; ease the

pressure of playing fields and an absolute benefit to the City of Troy.

Troy Post

43

Baseball

T.L Baseball Boosters, Inc. directly provides baseball for 60 players 3 teams

ages

14-18.

Besides

providing exposure

for

talented youngsters

to

compete and pursue baseball at the

college level, the organization sponsors 8

to

10 baseball and softball tournaments annually at the Duke

Park venue. These

tournaments involve hundreds

of

boys and girls

of

all

ages

from all over Ohio and the

Midwest.

The T.L.

Baseball Boosters sponsor 4 leagues in the fall

for

boys and girls ranging in

age

from 8

to 18 and typically involve nearly 200 participants. Troy Post 43 Baseball T.L. Baseball Boosters Inc.

support this much needed project.


18/43

through the teaching

of

responsibility, sportsmanship, fair play

and

hard work.

TSC

was established in 1985 and currently fields teams in the under 8-17

age

groups, both boys and

girls.

Teams

play at various levels. We are currently competing in the MVYSA and

BPYSL

leagues.

Troy Senior Services Center Troy Senior Citizens Center is dedicated to providing education,

socialization, activities, and self enrichment for our members and other area senior citizens. We want to

improve quality of life and keep the Body and Mind Active. We are in need of some capital

improvements: roof replacement, exterior siding, foundation drainage, sidewalks and curbing, parking

lot

resurfacing, modest interior renovations with screens

for

windows and doors,

two

areas

of

carpet,

ceiling tiles, and the shuffleboard area restored.

Miami

Shores

would be greatly enhanced by the development of a complete driving range and

Clubhouse renovations. Miami Shores Golf Course opened in 1949. It has been the home golf course for

approximately 275 season pass holders and hundreds

of

daily fee players for many years. The Clubhouse

is in need of an upgrade. The infrastructure has deteriorated to the point where electrical outlets are no

longer safe, more space is needed for storage, and the need for a new

H VAC

system is necessary. With

the

upgrade, improvement, and a more modern look, the Clubhouse would become a place where

patrons would be proud

to

take

their

families and guests for breakfast, lunch,

or

dinner.

It

would also

enhance and create a positive appearance.

Miami Shores Golf Course has never had a Driving Range. The need

for

a new Driving Range

is

now more

important

than ever because

of

the need to help row

the

Game

of

Golf.

We

have many new people

Adults and Juniors}

who

would like

to

learn to play

golf

but have few facilities

that

have

the

practice

areas with a place to teach these new customers. Also, our current golfers and High School Golf Teams

have nowhere to conveniently practice and hone their skills. A Driving Range will also attract new golf

events like High School Golf Teams local, district, and state tournaments. All Corporate and Fund Raising

golf

events like to have a Driving Range available

for

warming up. More importantly,

the

Driving Range

would also be another revenue source.


19/43

Stakeholder Representative and Organization

We represent the organizations mentioned above and request the Board of

Parks

Commissioners

recommend and support our request for the Operation Recreation2020 park levy to the City of Troy City

Council.

Dave

Minton

- Troy Junior Baseball, Treasurer

Wade

Westfall

Midwest Ohio Baseball, President

Jeff Sakal - Troy Christian High School, Di rector of Athletics

William, L Wolke - Troy Junior Trojans Baseball

Scott Beeler - Troy High School Softball

Irvin Frosty Brown - Troy Post 43 Baseball

TL

Baseball Boosters, Inc, Head Coach and Chairman

asey

Hubbell - Troy Soccer Club, President

Tamara Baynard-Ganger - Troy Senior Services Center, Executive Director

Gary Weaver - Miami Shores Executive Commit tee, President


20/43


21/43


22/43

TROY OHIO

.

TO:

FROM:

DATE:

SUBJECT:

Martha

Baker, President, Troy City Council

Patrick E. J. Titterington

100 S. Market Street.

P 0

Box 3003

Troy,

Ohio

45373-7303

phone:

(937) 335-1725/fax: (937) 339-

8601

R

titterington@troyohio .

gov

Patrick E J Titterington, Director of Public Service and Safety I

April 27, 2016

FOLLOW UP INFORM TION FROM OPER TION RECRE TION

LEVY

WORKSHOP

At its April 25th Committee

of

the Whole workshop, City Council requested additional information,

based

on to

several questions

asked

by members

of

Council, as well as the

Park and

Recreation Board

members.

The

questions and answers

are

as follows:

1.

What

does the City parcel

on

which the driving range would be

built

look like?

A copy

of

the parcel map

is

attached.

2 Is

there

an

individual or committee assigned

for

grants, fundraising?

A levy committee, named the Operation Recreation Levy Committee or ORLC has

already been formed and the list

of

member stakeholders was provided on

the third

page

of

the request letter

in

the workshop packet.

3 With

this additional land, is

Park

Department capable

of

maintaining it?

Based

on discussions with the Park Superintendent,

the

City would need to increase the

operating seasonal staffing budget by approximately

25,000 to

accommodate the

additional mowing and maintenance requirements. Current five-year projections

of

the

General Fund would support

that

modest increase. Note that this amount

is

the most

conservative estimate, assuming no responsibilities

to

the stakeholders.

4

Is

there a

priority

list

of

what will

be

funded?

Follow Up Operation Recreation Levy

Information


23/43

April 27 2016 - age of4

Should funding goals not be reached,

each

component would be scaled back

proportionally based on their percentage of the overall vision. One

of

the decisions may

be that the project is not completed if the overall resources aren t enough to provide a

minimum amount

of

benefit. That would have

to

be

a decision made after any re

assessment.

5.

Why should Troy s landowners fund these improvements when participants from

outside

of

Troy may use them?

First, providing these amenities provide more and better recreational amenities and

opportunities for all age groups, especially Troy s youth. Second,

it

creates a further

draw for tourism, visitors, and economic development dollars, by property owners and

outsiders. Property owners will see significant indirect benefit through attracting

participants, spectators, and tourists from within and outside

of

the

Miami Valley.

Ultimately, improving our recreational amenities and offerings should attract workers

and families

to

Troy, which will improve not only the workforce availability for our

companies but ultimately our local economy. Third, the number of outsiders using

these improvements would be minimal.

6.

What

is

the need for these improvements?

a. The Knoop Fields have experienced severe annual flooding events since those

programs moved to that location. Hundreds of thousands

of

dollars have been

spent by foundations, grants, and other private funding to repair and replace

assets there. Those funding resources will apparently no longer

be

available.

Recreational programming

has

been severely limited

as

well. Demand for those

fields,

in

addition

to

the

various neighborhood fields

in

Troy

has

been increasing.

b.

Participants in the Troy Soccer Club, SAY, and recreational soccer programs have

been increasing and demand

for

fields exceeds the supply in Troy, according

to

the Recreation Director

c.

The Senior Citizens Center

is an

aging facility with basic maintenance needs to

keep it fully functioning.

d. The Miami Shores clubhouse has substandard concession, electrical, plumbing,

storage and restroom/locker facilities. Adding a driving range should provide for

additional daily golf course use as well as attract more tournaments.

e. The Park Maintenance Facility, currently located next

to

Hobart Arena,

is

aging

and undersized

for

Park operations. Relocating the facility

to

Duke Park will

Follow Up Operation Recreation Levy

Information


24/43

pril 27 2016 - Page 3 of 4

requested would take

an

entire season to construct,

if

not longer. Given the seasonality

of

the amenities, any delay past the November

gth

Presidentia I Election will add at least

a year to the availability

of

these improvements for use. Sources historically tapped to

repair Knoop Fields after flooding events have indicated

their

desire

to

continue

to

provide funding will be discontinued.

As

for reviewing and understanding, the stakeholders are

merely

asking City Council

to place the issue on the ballot for voters to decide. They recognize that this is not a

City-endorsed levy and that they and they alone are responsible for education,

marketing, and campaigning

to

convince voters

to

support th is limi ted capital levy. Of

course, the City staff will provide any detailed information necessary to answer

questions, based

on

the fact

that

we are the owners

of the

land, amenities, and

facilities. However, it is strictly at City Council's option whether it would wish

to

official ly endorse the Operation Recreation Levy Committee's campaign.

8.

What

is

ballot schedule?

Working backwards, the Presidential Election

is

November

gth.

A City Council ordinance

asking

for

the issue

to

be

placed on the ballot must be certified

to the

Miami County

Board

of

Elections

on

or before August

10th. To

ensure 3 readings and the 30 days

before

an

ordinance becomes effective, the first reading

of that

ordinance would

be

on

June 6th.

Before

that

ordinance

can be

read, the Miami County Auditor must officially

certify the amount

of

millage needed to support the amount requested for each of the

ten years. That must be done by resolution at City Council's May 16th meeting. Note

that resolution must be passed by suspension of the rules and as

an

emergency to

accommodate the rest

of

the schedule outlined above.

9.

f

insufficient private resources are raised but the levy passes can the levy

be

rescinded

and if so what is that process?

Yes

the City Council

can

pass a resolution requesting the Miami County Auditor

to

rescind or repeal the levy. The City would then continue

to

lease the Duke Park north

portion

to

farming operations until

such

future time

as

priorities change and resources

become available.

10. Should the City Council consider a higher levy amount

in case

private donations do not

reach

their

goal?

Follow

Up

Operation Recreation Levy Info rmation


25/43

pril27 2016

Page

4

of4

>f

\

\

·

f

j

IT.

r : .J

i

/

·y.

· 1

l

~ 1 . : -

'


26/43

_nvestmerit De_cription

Duke Park Enhancements

Duke Expansion Acquisition

Duke Park North Development

Miracle League

Duke Park Infrastructure

Duke Park South Development

Park Maintenance Building

Senior Citizens Center

Roof Replacement (Metal)

Exterior Re-siding

Foundation Drainage

Shuffleboard Courts

Sidewalks and Curbing

Doors and Windows

Interior Renovations

Parking

Lot

Resurfacing

Miami Shores olfCourse

Clubhouse and Land Renovations

Driving Range

Grand T

otal

Operation Recreation 2020: A Vision or Troy's Recreational Amenities

(all funding

and

cost information

s

estimated)

Total Total City

City

Grants &

G&F Private Private Subtotal

Cost % Funds

Foundations

% Pledges % Non-levy

13,200,000

89.2%

1,735,000

13.1%

1,440,000 10.9%

4,000,000 30.3% 7,175,000

1,500,000 10.1

660,000

44.0% 840,000 56.0%

1,500,000

9,500,000 64.2 742,188

7.8%

100,000 1.1% 4,000,000 42.1% 4,842,188

500,000

3.

4

_

0.0%

500,000

100.0% 0.0% 500,000

400,000 2.7 231,250

57.8% 0.0% 0.0% 231,250

1,000,000

6.8

78,125

7.8% 0.0% 0.0% 78,125

300,000

2.0

23,438 7.8% 0.0% 0.0% 23,438

100,000

0.7%

7,813

7.8%

0

0.0%

0

0.0% 7,813

25,000

1,953

1,953

5,000

391

391

5,000 391

391

5,000

391

391

15,000 1,172 1,172

5,000 391 391

10,000 781 781

30,000 2,344

2,344

1,500,000

10.1%

ll7,188

7.8%

0

0.0%

0

0.0%

ll7,188

1,250,000

97,656

97,656

250,000

19,531

19,531

14,800;000

100.00% 1,860,000

12.57% 1,440,000

9.73% 4,000,000

27.03% 7,300,000

Term Interest Annual

Mills

(Years}

Rate

Debt Svc*

N e ~ d e d * *

s

2.00% 1,739,993 3.71

10 2.50%

936,400 2.00

15

3.00%

686,214 1.46

20 3.50%

576,340

1.2.3

•Based on 8 million gap, Including finantinc costs 1mill1ener1tes 493,150 at 95 collection rate or 468,4 92

Non-

l evy levy

levy%

Proceeds

%

54.4%

6,025,000 45.6%

100.0%

0

0.0%

51.0% 4,657,813 49.0%

100.0%

0

0.0%

57.8%

168,750 42.2%

7.8

921,875

92.2%

7.8% 276,563 92.2%

7.8%

92,188 92.2%

23,047

4,609

4,609

4,609

13,828

4,609

9,219

27,656

7.8%

1,382,813 92.2%

1,152,344

230,469

4 9 ~ 3 2

7,500,000

50.68%

04/27/16

-

CITY O TROY OHIO


27/43

RESOLUTION

o e _

R _ 2 1 _ 2

~ ~

~ p l B on k . lni:._ _ _

;i

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC

SERVICE AND

S FElY

OF THE

CllY

OF TROY. OHIO TO FILE

AN APPLICATION FOR THE USE OF PY 2016 COMMUNITY

DEVELOPMENT BLOCK GRANT FUNDS

WHEREAS the City has been advised by the Ohio Development Services Agency that One

Hundred Fifty Thousand Dollars ( 150,000.00) is available in PY 2016 CDBG funds for certain projects

to be utilized in 2016 - 2017, and

WHEREAS the City participates

in

the Miami County Fair Housing Program, and will provide

financial support in the amount ofThree Thousand Dollars and no/100 ( 3,000.00) to this cause, and

WHEREAS

the City recommends participation in Program Administration at a cost not to

exceed Twelve Thousand Dollars and no/100 ( 12,000.00). and

WHEREAS the City recommends funds for a Lincoln Community Center Swimming Pool

access device and installation in

the amount ofTen Thousand Dollars and no/100 ( 10,000.00), and

WHEREAS the City recommends funds for a Treasure Island universal accessibility dock and

installation in the amount of Forty Thousand Dollars and no/100 ( 40,000.00) and

WHEREAS

the City recommends funds for sidewalk street comer accessibility ramp

installations in East Troy in the amount of Eighty-Five Thousand Dollars and no/100 ( 85,000.00),

NOW THEREFORE

BE

IT RESOLVED by the Council of the City of Troy, Ohio, as follows:

SECTION I That

the

Director of Public Service and Safety of the City of Troy, Ohio

is

hereby

authorized to make application for the use of the PY 2016 allocation

of

CDBG funds to the Miami

County Fair Housing Program, participation

in

Program Administration, the Lincoln Community Center

Swimming Pool access device and installation, the Treasure Island universal accessibility dock and

installation, and sidewalk street comer accessibility ramp installations in East Troy.

SECTION II: That this Resolution shall be effective t the earliest date allowed by law.

Adopted


Approved

Attest:.

Clerk of Council

Mayor


28/43

-

-·-

-

-

-

-·

- ·

·

-·

CITY OF TROY OHIO

\


29/43

RESOLUTION

No..

R 23 2016

. 1 1 1 ~ _ ~ = = = - - - - - - - -

- - -

- ·· · · ·

·· =:== ..c:=

:;___ r_··= =

RESOLUTION AUTHORIZING THE BOARD OF PARK

COMMISSIONERS OF THE CITY OF TROY. OHIO. TO

ENTER INTO AN AGREEMENT WITH OHIO COUNCIL 8

AMERICAN FEDERATION

OF

STATE. COUNTY AND

MUNICIPAL EMPLOYEES. AFL-CIO. AND LOCAL 1342-P

AND

DECLARING AN EMERGENCY

WHEREAS

the Board of Park Commissioners and Ohio Council

8

American

Federation of State County

and

Municipal Employees AFL-CIO

and

Local 1342-P

have entered into negotiations and reached

an

agreement as to wages benefits and

other terms and conditions of employment with the Board of Park Commissioners and

WHEREAS

the Council approves the terms

of

that agreement

NOW THEREFORE

BE

IT RESOLVED by

the Council

of

the City

of

Troy as

follows:

SECTION

I: That the Board

of

Park Commissioners of the City of Troy Ohio is

hereby authorized to enter into

an

agreement with the Ohio Council

8

American

Federation

of

State County

and

Municipal Employees AFL-CIO and Local

1342-P

which agreement sets for wages benefits and other terms and conditions

of

employment for the years

2016

2018.

SECTION

II: That this Resolution

is

an

emergency measure necessary for the

immediate preservation

of

the public peace health and safety

of

the City

of

Troy Ohio

and

for

the

further reason that the agreement must be effective immediately to facilitate

and enable the City

to

insure continuous operation

of

City functions; NOW

WHEREFORE this Resolution shall

be

effective immediately upon its adoption

and

approval by the Mayor.

Adopted:.

__________


Approved:

_________

Attest :

Clerk

of

Council Mayor

-

- -- -- - ~ \

CITY OF TROY OHIO

\


30/43

RESOLUTION

No

R 24 2016

RESOLUTION APPROVING THE APPLICATION OF SMITH S

BOATHOUSE RESTAURANT. LLC FOR ASSISTANCE FROM

THE

SMALL BUSINESS DEVELOPMENT REVOLVING LOAN

FUND AND DECLARING N EMERGENCY

WHEREAS,

Council has previously adopted Resolution

R-11

-2007, which established

guidelines for the Small Business Development Revolving Loan Fund, and

WHEREAS,

Smith's Boathouse Restaurant,

LLC

made

an

application for a loan of

152,300

of

such funds

to

assist the equipping

and

alteration

of

a restaurant in the Treasure

Island Marina building, and

WHEREAS,

as

security for this loan, Smith's Boathouse Restaurant, LLC offers a UCC

lien

on all

of the business's assets

and

personal guarantees of the business owners Larry

S.

Smith

and

Ronald A Smith, and

WHEREAS,

the Loan Review Committee considered the unusual size and scope

of

the

project

and

determined that the application warranted a deviation from the standard loan terms

in

the adopted guidelines; and

WHEREAS,

the Loan Review Committee reviewed the application of Smith's Boathouse

Restaurant, LLC

on

April 28, 2016 and recommended its approval.

NOW, THEREFORE, BE IT RESOLVED by

the Council of the City

of

Troy, Ohio,

as

follows :

SECTION I: That Council hereby approves the application of Smith's Boathouse

Restaurant, LLC for financial assistance from the Small Business Development Revolving Loan

Fund

in

the amount of 152,300.00 for a term of ten years; with interest-only payments for the

first six months at 1.

0

per annum; interest-only payments for the second six months at

3.0

per annum; monthly principal and interest payments at 3.0% per annum thereafter;

and

with the

condition that in the event the Ohio Division of Liquor Control denies issuance of a 5F liquor

permit for the restaurant, the borrower m y at its discretion withdraw from the project

and

repayment of up to 49,900 of the loan may be forgiven, commensurate with the value to the

City of Troy of fixed improvements made by the borrower to the Marina bu ilding, as provided in

the restaurant's lease.

SECTION

II: That the Director of Public Service and Safety

is

hereby authorized

to

execute any and all related documents

and

take whatever actions are necessary to complete

the loan process in accordance with the City and State guidelines and in accordance with the

Finance Committee's report

to

Council.

SECTION

Ill: That the Director

of

Public Service and Safety

is

hereby authorized to

execute any documents necessary for the release and cancellation

of

security liens securing

this loan at such time that the loan is repaid

in

full, and that the Law Director

is

hereby

authorized and directed

to

cause the recording of such documents necessary for said release.

SECTION

IV: That this Resolution

is an

emergency measure necessary for the immediate

preservation of the public peace, health,

and

safety of the City of

Troy,

Ohio,

and

for the further

reason that time

is

of

the

essence

to

initiate restaurant operations

as

soon

as

possible after the

scheduled June 2016 reopening of

the

Treasure Island Park,

NOW,

WHEREFORE, this Resolution

shall

be

effective immediately upon

its

adoption

and

approval by the Mayor.

CITY OF TROY OHIO


31/43

RESOLUTION No. R 2s 2016

___ 1 1 1 1 ~ __

-- -

--

··:

= _ _-_ _ __ _=--- ·-- : : =:==:= =:= _-__ _ __

__

-_ _.__;____

_-

RESOLUTION APPROVING THE APPLICATION OF

ADVENTURES ON THE GREAT MIAMI. LLC FOR

ASSISTANCE FROM THE SMALL BUSINESS DEVELOPMENT

REVOLVING

LO N

FUND AND DECLARING

N

EMERGENCY

WHEREAS Council has previously adopted Resolution R-11 -2007, which established

guidelines for the Small Business Development Revolving Loan Fund, and

WHEREAS

Adventures on the Great Miami, LLC made an application for a loan of

26,000 of such funds to assist the equipping of a canoe/kayak livery business at Treasure

Island Park, and

WHEREAS

as security for this loan, Adventures on the Great Miami, LLC offers a UCC

lien

on all

of the business's assets, a second mortgage on the business's property

at

Ross Road

in

Bethel Township, and the personal guarantee of the business owner James Christopher

Jackson, and

WHEREAS

the Loan Review Committee reviewed the application of Adventures on the

Great Miami, LLC on April

28

2016 and recommended its approval.

NOW THEREFORE BE IT RESOLVED by the Council of the City of Troy, Ohio, as

follows:

SECTION I: That Council hereby approves the application of Adventures on the Great

Miami, LLC for financial assistance from the Small Business Development Revolving Loan Fund

in

the amount of 26,000.00 for a term

of

three years with monthly principal and interest

payments at 3.0% per annum.

SECTION II: That

the


is

hereby authorized to

execute any and all related documents and take whatever actions are necessary to complete

the loan process in accordance with the City and State guidelines and in accordance with the

Finance Committee's report to Council.

SECTION Ill: That the Director of Public Service and Safety is hereby authorized to

execute any documents necessary for the release and cancellation

of

security liens securing

this loan at such time that the loan

is

repaid

in

full , and that the Law Director

is

hereby

authorized and directed to cause the recording of such documents necessary for said release.

SECTION

IV: That this Resolution is an emergency measure necessary for the immediate

preservation of the public peace, health, and safety of the City of Troy,

Ohio and

for the further

reason that time is of the essence to initiate the business operations as

soon

as possible after the

scheduled June 2016 reopening of the Treasure Island Park, NOW, WHEREFORE, this Resolution

shall

be

effective immediately upon

its

adoption and approval by

the

Mayor.

Adopted


Approved:

Attest:

CITY OF TROY OHIO


32/43

RESOLUTION No R_

:u: 2016

RESOLUTION OF NECESSITY DECLARING THE INTENTION

TO LEVY AN ADDITIONAL TAX IN EXCESS OF THE TEN Mill

LIMITATION FOR THE PURPOSE OF FUNDING PARKS AND

RECREATIONAL UPGRADES IN THE CITY OF TROY. OHIO

AND REQUESTING THE AUDITOR OF MIAMI COUNTY. OHIO

FOR CERTIFICATION

OF

MILLAGE

AND

DECLARING AN

EMERGENCY


33/43

I

II

I

I

I

I

I

/,

II

IJ

ORDINANCE No.

0 20 2016

ORDINANCE CHANGING THE ZONING OF INLOTS 10578

AND 10579 IN THE CITY OF TROY OHIO FROM M-2.

FROM

THE

MIAMI COUNTY ZONING OF A-2. GENERAL

AGRICULTURE. TO THE CITY OF TROY ZONING OF

A.

AGRICULTURAL DISTRICT

WHEREAS a request for zoning change was presented

to

the Planning

Commission

of

the City of Troy Ohio to rezone Inlets 10578 and 10579

in

the City

of

Troy

and

WHEREAS the Planning Commission of the City of Troy Ohio has reviewed

the plan and recommended approval and

WHEREAS at

least thirty days notice of the public hearing

of

said change has

been provided

in

a newspaper of general circulation

NOW THEREFORE BE IT ORDAINED by the Council of the City of Troy Ohio

as follows:

SECTION I: That the zoning of Inlets 10578 and 10579 in the City

of

Troy

Ohio and as shown on Exhibit A attached hereto be changed from the Miami County

zoning of A-2 General Agriculture to the City of Troy zoning of

A

Agricultural District.

SECTION II: That this Ordinance shall be effective at the ear1iest date allowed

bylaw:

Adopted:_________

President

of

Council

Approved:._________

Attest : -

Clerk

of

Council Mayor


34/43

MICHAEL

W

ewm:se ltOlld ad he

City of1Juy

c:mpanliao

Jim. witnas

pqsiag

I

518 ' diL Clipped iron

pill

IEt.t 107423

ll

thmce, North

14 dqAl2'

1.T

Wat:filr

300.02

ft.

alone the

c:cofafine

ofnew-ltoid Dll 1be

Qty ofTJOJ

corpantionliDeto

a PKmil l l t c b e ~

c:cmia-ofLotI afFozat

Subdiv:isiaa No

.

2;

1hrace, North 75 cltg.-57'-38" Bast f ir210.00

ft. a l q

1be

.Dordl line

o Lot

flo I 5Jr.diL

app:cl

am

pin

let

at

the mrtbi:ut

__ .

aflot

I, wilDaspusiag

ID

ircm piD.fiJuDd at30.00ft.;

thcacc, North 13

cltg.-S

l

-1

4" West fm 626.31 ft atoua tie

east

JiDC

ofFarast

VteW

Subdi rimmNo

.2 to a

Sii

diL

capped iron

pin set;

cheDce, North 76 clqAl3' 23" J utfar 65.64 Jl.

to

a

Sii

ilia. f:llJIJICd inm piD sd;

1hcDcc,

South 86 dq.-04 -46"

East

for

66.00

ft o ID

imDpill bmd;

tbcnce, Nm1h 03

deg ,

--40' -S4" East for 29B

.

S8

ft

to 1

paint,

'Witness pusizi g an iron

pin

found

st

298_J41t.;

1henu, South 16dt£.-l2'-12"East or143154.ft. to a

SIB" dia.. capped iron

pin

set;

thence,

South 03 deg .-SO' 46

West far 131.0S

ft along a

new

division line

to

a S/8 dia. capped

iron

pin

set

in1bcnorthline ofLot 16 a f F ~ s t V : i e w

Subdivision

No

. 3;

th ::nce.

South 14 degAIO' 00" West far 415.00

.fl

a1o Dg the

Darth l ine

af PoxqtView

Subclirision No.

3

to SIB"

dia. capped ron

piD

set at the

umlhMst

camcr

o

Lot

13 o f F o r e s t V i e w S u b d i v i s W n ~ o 3;

thmce,

Soufh

16 dcf.-00' 00"

East

far

210.001t.

along

Cbc

west

line of1hc

lfaraaid.Lot

13

to

theJ'.lCmil lct llt

the

southwest

o L o t

13andon1be

af'Jloy-Urlmia.Road, mmliDg

the place ofbegimliDg,

witnesi;

passing an

iron

pin

found

iat

2SO.

OO

ft.

ContaiDlIJM • total

of34

f69 8l2eS, iocluding 27.624

i n

Section 7, 6.145

i n

Section

12, inclucliDB

1.

005 lC&ll in

Lot I ofFo.zat

View Subdivisiao

No. 2,

md wbjcct

to Ill legal

cascmmtB, rights-(1$-way

ml

lalricticms ofn:c-.onl.

ACCCKding to • fidd

lurw:y pcdimued 1'yMidiad

w.Comt, l roWsioual #6001,

2714 S. Coimly

Road 2SA,,

'boy, O.hio

4S313,

O.DNovcmhcr

lS, 2009, m l

filed in]> B. ,

l lgC

of he

Mimlli County Jleomder'1

l l l t

Becorda. -

dd.14:10609mmr:x

CITY

OF

TROY OHIO


35/43

ORDINANCE No. 0 21 2016

- ~ ~ ~ - = - = = = = = o ~ , ~ l o n ~ u ~ ~ I B ~ l ~ k ~ . l ~ n c . = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ; = = = = = = =

ORDINANCE CHANGING THE ZONING OF INLOT 10574

IN THE CITY OF TROY. OHIO FROM THE MIAMI COUNTY

ZONING OF R-1AAA. SINGLE-FAMILY. TO THE CITY OF

TROY ZONING OF M-2. LIGHT INDUSTRIAL DISTRICT

WHEREAS a request for zoning change was presented to

the

Planning

Commission of the City

of

Troy Ohio to rezone

n

ot 10574 in the City of Troy and

WHEREAS the Planning Commission of the City of Troy Ohio has reviewed

the plan and recommended approval and

WHEREAS at least thirty days notice

of

the public hearing of said change

has

been provided in a newspaper of general circulation

NOW THEREFORE BE IT ORDAINED by the Council

of

the City of Troy Ohio

as follows:

SECTION I: That the zoning of lnlot 10574 in the City of Troy Ohio and as

shown on Exhibit A attached hereto be changed from the Miami County zoning of R

1AAA Single-Fami ly to the City of Troy zoning

of

M-2 Light Industrial District.

SECTION II: That this Ordinance shall be effective at the earliest date allowed

bylaw:

Adopted:__________


Approved:.__________

Attest :

Clerk of Council Mayor

EXHI IT

A

1 U 3 Acre Tnct


36/43

for

S .Howard

Cheney .

llliexation

to

the City of Troy

Situated

in the

Township

of

Concord, State

of Ohio and

the County

of

Miami and further

described as follows: Being a part of he Northwest Quarter of Section 33,

Town

5, Range 6

East:

Beginning at apoint which marks the Northwest comer

of

he Northwest Quarter of Section 33,

Town

5, Range 6 a s t ~

thence North 88°06'50"

a distance of

18'1 .

23 feet

to the POl T

P

BEGJNNING;

thence North

88°06'50

East, a di.stance of

476.21

feet to a point on the centerline of Peters

Rpad; .

thence

South

01°02'45

F ast

with the centerline

o J>etcrs Road, a distance of 96

S? feet to a

point;

thence South 87°14'25" West, a distance o 600.40 feet to a point;

thence North 48°00'50 East, a distance

of

164.1S to the POINT OF BEGINNING; said

dcsc.n"bcd

1ract

containing 1.243 Acres, men or less, same being subject

to

all legal easmicnts

and restrictions of

ecord.

Description

prepared

by Nc:il E.

Teaford,

Professional

Sum:yor

#7724.

This

description is not valid without

origin l seal and

signature

·- · --

- -

-

- - -

- --

.

CITY OF TROY OHIO


37/43

ORDINANCE

o ~

0 22 2016

-

ORDINANCE CHANGING THE ZONING

OF lNLOT

9678

CPARCEL NO D08-105060l IN THE

CITY

OF TROY. OHIO

FROM THE DUAL ZONING OF M-2. LIGHT INDUSTRIAL

DISTRICT AND 8 2. GENERAL BUSINESS DISTRICT TO

THE SINGLE ZONING OF B-2, GENERAL BUSINESS

DISTRICT

WHEREAS, a request for zoning change was presented to the Planning

Commission of the City of Troy, Ohio, to rezone lnlot 9678 Parcel No. D08-105060) in

the City of Troy, and

WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed

the plan and recommended approval, and

WHEREAS, at least thirty days notice of the public hearing of said change has

been provided

in

a newspaper of general circulation,

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio

as follows:

SE TION

I:

That the zoning

of

lnlot 9678 Parcel No. D08-105060) in the City

of

Troy, and as shown on Exhibit A attached hereto, is changed from the dual zoning

of

M-2, Light Industrial District, and 8-2, General Business District, to the single zoning of

8-2,

General Business District.

SECTION II: That this Ordinance shall be effective at the earliest date allowed by

law:

Adopted:.

_________


Approved:._________

Attest :

Clerk of Council Mayor

I

I

EXHI IT A


38/43

Legal escription

Siti.tate

in the State

of

Ohio County

of Miami

and City of

Troy

to

wit:

Being alJ ofJnlot 9678 in said City of Troy as evidenced on the

F.A. Archer Partnership Plat in Plat

Book

20 Page 69 of he Plat

Records ofMiami County Ohio.

Parcel No. DOB-105060

CITY

OF

TROY OHIO


39/43

Dayllm Lci:u.I Blank Jnc

0 27 2016

ORDINANCE FIXING SALARIES AND WA GES OF CERTAIN

EMPLOYEES OF THE CITY OF TROY. OHIO AND DECLARING

AN EMERGENCY

BE IT ORDAINED by the Council of the City of Troy, Ohio, at least two-thirds of the members

concurring as follows :

SECTION I: EMPLOYEES COVERED BY AFSCME AGREEMENT. That the employees

covered by the AFSCME bargaining unit Agreements will receive the following hourly rates :

Beginning

Beginning Beginning

Jan

.

1,

2016

Jan

.

1,

2017 J

an. 1,

2018

Electrician A

31.94

32.

58

33.23

hr

.

Electrician B

29.02 29.60 30.19

hr

.

Electrician C 26.20

26.

72 27.25 hr

.

Truck Driver-Group Leader

25.17 25.67

26.18 hr

.

Heavy Equipment Operator

26.33 26.86

27.40

hr

.

Medium Equipment Operator 2

SM)

26.28 26.81 27.

35

hr.

Medium Equipment Operator 1

SM)

26.11 26.63 27.16

hr

.

Medium Equipment Operator

N* SM)

25.78 26.

30

26.83

hr

.

Laborer 2 (SM) (w/Lic.)

18.74 19.11

19.49

hr

.

Laborer 1 (SM) (w/Lic.)

18.50 18.87 19.25 hr.

Laborer (Grandfathered

Meter Reader ••

25.89

26.41

26.94

hr

.

Light Equipment Operator

24.54 25.03 25.53

hr

.

Paint,

Sign &

Graphics Technician

25.68 26.19 26.71 hr .

Park Serviceman

24.13 24.61

25.10

hr.

Park Maintenance Worker

24.54 25.03 25.53

hr

.

Laborer - Street, SM-N*, Refuse, CEM, Park, MSGC 23.91 24.39 24.88 hr .

Laborers hired post January 1, 1995, shall receive the foll owin g wage:

Laborer - S

Troy, OH - City Council Meeting 5/2/2016 (Part I)

Documents

Transcript of Troy, OH - City Council Meeting 5/2/2016 (Part I)