November 1, 1999

A regular session of Troy City Council was held Monday, November 1, 1999, at 7:30 p.m. in Council Chambers.
Members Present: Beamish, Douglas, Helmer, Melvin, Mercer, Saxton and Severt.
Presiding Officer:         William F. Lohrer, President of Council
Others Present:           Peter E. Jenkins, Mayor
                                  N. Lawrence Wolke, Director of Public Service & Safety
                                  W. McGregor Dixon, Jr., Director of Law
                                  Harold F. Willis, Auditor

PUBLIC HEARING: At 7:31 p.m., Mr. Lohrer declared open a public hearing on the name change of roadway from Harmony Drive to Horizon West Court in the Harmony Industrial Park. There were no comments in this regard and at 7:32 p.m., Mr. Lohrer declared this public hearing closed.

At 7:32 p.m., Mr. Lohrer declared open a public hearing on the proposed Zoning Code/Map of the City of Troy, including a change of zoning of all lots on Cartwright Court and the Blackmore property on SR55.

-Jessica Minesinger, representing the Miami County Home Builders Association, complimented staff in working with the Association, but commented they have a remaining concern that half and one acre lots should not be included in the zoning due to cost of development and the negative impact on farmland.

(response by Development Director ö The large size lots are part of the code but not currently mapped and were established in response to comments of Council and the Planning Commission to have such lots in Troy.

-Bill Ward, 1131 Fairway Drive, owner of property at 407 W. Water Street, stated his property was zoned single family and had been mapped as multi-family and he protested the rezoning of his property. (response by Zoning Adm. ö Mr. Wardâs property had not been zoned single-family; it has been zoned, and continued to be zoned as multi-family as that will give property owners the same flexibility they had under the proposed code as they did under the current.)
-Linda Rocco, 2765 McKaig, questioned the R-2 zoning (9,000 sq. ft. minimum lots) of the 7 lots adjacent to her property. (Development Director response ö All seven lots are either built or platted for construction and the designation change R-2 [current code] only allows a slightly lesser setback for the lots not yet constructed as one owner wishes to add a porch to the house. Mr. Mosier, developer, stated the porch to be added will be 12âx16â and all lot densities are the same.)

There being no further comments, at 7:38 p.m. Mr. Lohrer declared this public hearing closed.

The Clerk gave a summary of the Oct. 18 minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Severt, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:

LAW & ORDINANCE: Mr. Severt, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Harmony Industrial Park Section Three, including the street name change (from Harmony Drive to Horizon West Court) and vacation of small portion of the street. 2) Committee recommends legislation be prepared approving the final development plan of Kensington Section Five, payment of oversizing ($43,565), and the protectionary agreement. 3) Committee recommends legislation be prepared authorizing execution of the protectionary agreement with Willow Creek Land Company for the Meadowpoint Drive waterline.

Reports signed by Douglas, Mercer and Severt.

RESOLUTION NO. R-40-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT TO DEMOLISH THE CANAL STREET WAREHOUSE

This Resolution was given first title reading on 5-3-99.
Given second title reading on 5-17-99.
Given third title reading on 6-7-99
Given fourth title reading on 6-21-99 & postponed.
Given fifth title reading on 7-6-99.
Given sixth title reading on 7-19-99.
Given seventh title reading on 8-2-99.
Given eighth title reading on 8-16-99.

99. Page Two

Given ninth title reading on 9-7-99.
Given tenth title reading on 9-20-99.
Given eleventh title reading on 10-4-99.
Given twelfth title reading on 10-18-99.
Given thirteenth title reading.

Mr. Beamish moved to postpone indefinitely. Motion seconded by Severt.
Yes: Saxton, Helmer, Severt, Melvin, Beamish, Mercer and Douglas.
No: No. MOTION ADOPTION

RESOLUTION NO. R-77-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH MIAMI COUNTY, OHIO TO PROVIDE PLANS EXAMINATION AND INSPECTION SERVICES TO THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Resolution was given first title reading on 10-18-99.
Given second title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Helmer, Severt, Melvin, Beamish, Mercer, Douglas and Saxton.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Helmer.
Yes: Severt, Melvin, Beamish, Mercer, Douglas, Saxton and Helmer.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-79-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A WATERLINE PROTECTIONARY AGREEMENT WITH WILLOW CREEK LAND COMPANY

This Resolution was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Melvin, Beamish, Mercer, Douglas, Saxton, Helmer and Severt.
No: None.
Mr. Severt moved for adoption. Motion seconded by Mr. Mercer.
Yes: Beamish, Mercer, Douglas, Saxton, Helmer, Severt and Melvin.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-33-99
ORDINANCE AMENDING SECTION 933.21 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING GOLF FEES

This Ordinance was given first title reading on 10-4-99.
Given second title reading on 10-18-99.
Given third title reading.
Mr. Helmer moved for adoption. Motion seconded by Mr. Beamish.
Yes: Mercer, Douglas, Saxton, Helmer, Severt, Melvin and Beamish.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-36-99
ORDINANCE AMENDING SECTION 129.02 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO BUILDING REGULATIONS AND DECLARING AN EMERGENCY

This Ordinance was given first title reading on 10-18-99.
Given second title reading.

11-1-99 Page Three

Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Douglas, Saxton, Helmer, Severt, Melvin, Beamish and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Severt.
Yes: Saxton, Helmer, Severt, Melvin, Beamish, Mercer and Douglas.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-37-99
ORDINANCE AMENDING ORDINANCE NUMBERS O-43-97 AND O-44-97, FIXING SALARIES AND WAGES OF EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.
Mr. Helmer moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Helmer, Severt, Melvin, Beamish, Mercer, Douglas and Saxton.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Helmer.
Yes: Severt, Melvin, Beamish, Mercer, Douglas, Saxton and Helmer.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-38-99
ORDINANCE ACCEPTING THE FINAL DEVELOPMENT PLAN OF KENSINGTON SECTION FIVE PLANNED UNIT DEVELOPMENT

This Ordinance was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Melvin, Beamish, Mercer, Douglas, Saxton, Helmer and Severt.
No: None.
Mr. Helmer moved for adoption. Motion seconded by Mr. Douglas.
Yes: Beamish, Mercer, Douglas, Saxton, Helmer, Severt and Melvin.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-39-99
ORDINANCE ACCEPTING THE FINAL PLAT OF HARMONY INDUSTRIAL PARK-SECTION THREE IN THE CITY OF TROY AND AUTHORIZNG THE NAME CHANGE OF HARMONY DRIVE TO HORIZON WEST COURT AND VACATING A PORTION OF THE ROADWAY

This Ordinance was given first title reading.
Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Mercer, Douglas, Saxton, Helmer, Severt, Melvin and Beamish.
No: None.
Mr. Helmer moved for adoption. Motion seconded by Mr. Severt
Yes: Douglas, Saxton, Helmer, Severt, Melvin, Beamish and Mercer.
No: None. ORDINANCE ADOPTED

COMMENTS OF MAYOR JENKINS: The Mayor complimented the THS Boys Varsity Soccer Team on their recent win and wished them the best in the 11-2 game. The Mayor presented an award from the State Auditors Office to the City Auditor.

COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Wolke commented that the lagoon cleaning is nearing completion and the river level should soon be back to normal.

COMMENTS OF COUNCIL:
-Mr. Helmer stated he appreciated the visibility of the Police Department during trick or treat.
-Mr. Douglas congratulated Mr. Willis on his award and his service to the City.

99. Page Four

-Mr. Mercer noted the large attendance at a THS cross country event the past weekend, and also noted the assistance of the Police Department in helping visitors to get back to the interstate.
-Mr. Beamish also noted the THS soccer teamâs winning season.

STAFF COMMENTS: Chief Denney gave a report concerning improvements and upgrades accomplished by the Fire Department during 1999. He noted that 4 staff members (Lamka, Hill, Roth & Whitman) will be receiving the "heroes award" from the Miami Valley Red Cross for actions during an emergency medical service call. Chief Denney demonstrated one of the new thermal imaging cameras.

COMMENTS OF AUDIENCE:
-Mr. Boyer, 1077 Skylark Drive, stated he felt he should be permitted to park his truck rig at his property and that the City permits parking of vehicles, such as RVs, that are heavier and larger than his. Mr. Mercer asked Mr. Boyer to provide his information in writing. Mr. Boyer also commented that the vehicles parked at City Hall are not following DOT regulations associated with the posted bill of lading.
-Patty Nicholson, 1519 McGovern Drive, stated her neighbor is running a business from his house, has large trucks parked on the streets, the vehicles are loud and leave mud on the streets. The Development Director stated complaints on the property have been investigated, but staff has not been able to verify the complaints so they can take action. The complaint will be reviewed again.
-DeWayne Smith, 606 Ridge Ave., thanked Council for reviewing Ridge Ave. resident comments made at the Council workshops on the zoning code that the PMI parking lot on Ridge remain zoned residential on the proposed new zoning map.
Matt Haneline, 902 Mystic Lane, commented that a semi parks constantly on the roadway by Chaneyâs Body Shop, and causes drivers to cross the centerline to avoid hitting the truck.
-Pat Rife, 611 Fernwood, commented that a Dayton Christian School Bus parks on Ohio Ave. causing drivers to cross the center of the road.
-Tim Kozul complained regarding speeding on Skylark and the boats, RVs and large trucks that park on the street in the 1100 block of Skylark.

There being no further business Council adjourned at 8:50 p.m.

_______________/s/____________________ _________________/s/______________________

President of Council                                         Clerk of Council