May 17, 1999

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, May 17, 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

MINUTES: The Clerk gave a summary of the minutes of the May 3 meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids for two replacement dump trucks for the Street Dept. at a cost not to exceed $56,000 each and one cab & chassis (service truck) not to exceed $30,000.
Report signed by Helmer, Mercer and Beamish.

LAW & ORDINANCE: Mr. Severt, Chairman, reported as follows: 1) Committee recommends approval of the replat of IL 8391, located in Conwood Estates, and the vacation/dedication of a storm water detention basin easement to permit a swimming pool construction. 2) Committee recommends amending Chapters 7 and 13 of the Codified Ordinances regarding the Building Code to repeal the 1984 BOCA Code for all construction to have the OBBC be the only governing code for State regulated projects and adopt the 1998 OBOA Code and the 1999 BOCA Code as a supplement to serve where the ’96 OBOA Code is silent to handle one, two and three family structures and their accessory structures (replace the 84 BOCA and 83 CABO referenced therein). Committee also asked that the rotation schedule for adopting future building codes follows that as attached to the Committee report.
Reports signed by Douglas, Mercer and Severt.

PERSONNEL: Mrs. Saxton reported Committee recommends legislation be prepared to authorizing the Director of Public Service & Safety to enter into an agreement with T G Fire/EMS Systems, Inc. for the assessment centers for Fire Dept. promotional exams at a cost not to exceed $23,900.
Report signed by Melvin, Saxton and Douglas.

SAFETY & HEALTH. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared authorizing adjustments to cemetery fees as recommended by the Cemetery Supt. including establishing fees for the Columbarium (structure for cremated remains inside the Mausoleum) effective 8-1-99.
Report signed by Beamish, Helmer and Saxton.

RESOLUTION NO. R-34-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR SEWER SYSTEM IMPROVEMENTS IN THE CITY OF TROY

          This Resolution was given first title reading on 4-19-99.
          Given second title reading on 5-3-99.
          Given third title reading.

Mr. Mercer moved for adoption Motion seconded by Mr. Beamish.
Yes: Helmer, Douglas, Severt, Melvin, Saxton, Beamish and Mercer.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-35-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MALCOLM PIRNIE, INC. REGARDING PROFESSIONAL ENGINEERING SERVICES FOR THE WASTEWATER TREATMENT PLANT

5-17-99 p.2

          This Resolution was given first title reading on 4-19-99.
          Given second title reading 5-3-99.
          Given third title reading.

Mr. Mercer moved for adoption Motion seconded by Mrs. Saxton.
Yes: Douglas, Severt, Melvin, Saxton, Beamish, Mercer and Helmer.
No: None. RESOLUTION ADOPTED

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.

RESOLUTION NO. R-41-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR VARIOUS VEHICLES.

Resolution given first title reading.

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

RESOLUTION NO. R-42-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH T. G. FIRE/EMS SYSTEMS, INC.

Resolution given first title reading.

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

ORDINANCE NO. O-6-99
ORDINANCE APPROVING SPECIAL USE PERMIT FOR INLOT 4716 IN THE CITY OF TROY, OHIO

          This Ordinance was given first title reading on 4-5-99.
          Given public hearing and second title reading on 4-19-99.
          Given third title reading on 5-3-99.
          Given fourth title reading.

Mr. Severt moved for adoption. Motion seconded by Mr. Helmer.
Yes: Mercer, Helmer, Douglas, Severt, Melvin, Saxton and Beamish.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-10-99
ORDINANCE AMENDING SECTION 935.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO CEMETERY FEES.

This Ordinance was given first title reading.

5-17-99 p.3

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

ORDINANCE NO. O-11-99
ORDINANCE ACCEPTING A REPLAT OF INLOT 8391 IN THE CITY OF TROY VACATING AND DEDICATING AN EASEMENT

This Ordinance was given first title reading.

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

ORDINANCE NO. O-12-99
ORDINANCE AMENDING SECTIONS 713.14, 725.14, 727.14, 1303.01, 1303.02 AND 1303.03 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO NEW CODE REQUIREMENTS

This Ordinance was given first title reading.

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

COMMENTS OF THE MAYOR. Mayor Jenkins reminded that the Memorial Day Parade will be 5-31, and thanked the City staff for all preparation for Presentation Weekend.

COMMENTS OF COUNCIL:
-Several members of Council commented regarding how much they enjoyed Presentation Weekend.
-Mrs. Saxton and Mr. Mercer stated they had received a call about a ferocious dog and asked about regulations.
-Several members of Council stated they received calls about the warehouse demolition, pro and con.
-Mr. Helmer asked about speed limit on Riverside Dr. and was advised that the County will be working on speed studies on the roadway and if the results warrant, will request ODOT to reduce the speed.
-Mr. Mercer, who accompanied the Heywood School 6^th graders to Washington stated the students were excellent ambassadors for the City.
-Mr. Beamish expressed appreciation for the City’s assistance with Cookson’s "career on wheels" program, appreciated the bike crossing signs on 25A, and would like an update on Treasure Island.

AUDIENCE COMMENTS:
-Shelly Neece, representing AT&T Wireless, thanked Council for approval of O-6-99.
-Larry Gustin, Sherwood Laundry owner, stated he has a number of signatures asking that the AT&T tower (O-6-99) not be placed at the proposed location.

Regarding R-40-99
-Al Mulehoefer, Centerville, Ohio and former Main Street Director, was present to support not demolishing the warehouse. He commented that in the Main Street Board took a position of favoring no demolitions in the downtown area, that the entire area should be considered, to tear down the warehouse would interfere with the fabric of the intersection, there was never a question of parking needed in this area, and he understands that there may be people interested in using or purchasing the building.
-Mr. Severt stated the people interested in the warehouse need to be identified so any interest can be determined.
-Mr. Mercer commented that $150,000-$175,000 is needed just to take care of the building shell and does not address interior needs and it is not felt a fair return could be received on that investment.

5-17-99 p.4

-Jeff Layman, 133 S. Plum, questioned any return on the investment of dollars to tear down the building. Mr. Helmer commented that retaining the land for future city needs is a return.
-Carolyn Hillman, 121 S. Walnut, commented that as the rehab value may be 10 times the cost of the fireworks (July 4), spending $250,000 for rehabbing the building is a "no brainer".
-Amy Whitmer, 230 Drury Lane, commented that green space is not needed downtown, and if this building is removed from the downtown the City should forget property owners doing further downtown renovation.
-Tyler George, 125 S. Walnut, stated he feels parking lots attract cars and green space attracts people, and he does not want either at the warehouse location.

A motion was made by Mrs. Saxton, seconded by Mr. Severt, to recess into executive session to consider the purchase of property for a public purpose. Following a unanimous roll call vote, Council adjourned into executive session at 8:42 p.m. At 8:58 p.m. Council returned from executive session, made no further comments, and adjourned.

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President of Council Clerk of Council