May 3, 1999

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, May 3, 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 April 19 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 as follows: 1) Committee recommends legislation be prepared to demolish the Canal Street Warehouse, install sidewalk, curb and gutter around the property, provide for some parking with the balance of the property to be in green space, at a cost not to exceed $79,000. Committee made the recommendation as the condition of the property does not warrant the cost to renovate it. 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for a telephone system at the Central Mtn. & Service Facility to replace an obsolete system, at a cost not to exceed $40,000. 3) Committee recommends legislation be prepared authorizing a contract with W. S. Electronics (sole source provider) for new 800 MHZ radios for City Departments other than police and fire at a cost not to exceed $106,806.12 with the new radios allowing communication between City Departments, especially in an emergency situation. Committee further recommended legislation be prepared authorizing a payment of $54,000 to the Treasurer of Miami County, which is the one-time fee for adding these radios to the county-wide 911 communication system.
Reports signed by Helmer, Mercer and Beamish.

LAW & ORDINANCE: Mr. Severt, Chairman, reported that Committee had reviewed all information regarding the request of AT&T Wireless for a special use permit to establish a tower at 104 Foss Way, including comments made at the committee meeting, and Committee recommends Council adopt O-6-99 which covers the application.
Report signed by Douglas, Mercer and Severt.

Discussion: Mr. Severt stated he has been advised that there are citizens who wish to address Council on this issue and he will recommend O-6-99 have a 4th reading.

PERSONNEL: Mr. Douglas, Chairman, reported Committee recommends legislation be prepared to Amend Section 141.20 of the Codified Ordinances regarding mileage to reflect the reimbursement of mileage to be as allowed under IRS rules.
Report signed by Melvin, Saxton and Douglas.

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.

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

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

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RESOLUTION NO. R-36-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH ROZZI’S FAMOUS FIREWORKS

This Resolution was given first title reading.

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

RESOLUTION NO. R-37-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A NEW TELEPHONE SYSTEM FOR THE CENTRAL MAINTENANCE & SERVICE FACILITY

This Resolution was given first title reading.

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

RESOLUTION NO. R-38-99
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH W. S. ELECTRONICS FOR A NEW RADIO SYSTEM

This Resolution was given first title reading.

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

RESOLUTION NO. R-39-99

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO MAKE PAYMENT TO THE MIAMI COUNTY TREASURER FOR RADIO UNITS

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

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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.

ORDINANCE NO. 0-9-99
ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO MILEAGE ALLOWANCE

This Ordinance was given first title reading.

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

COMMENTS OF THE MAYOR. Mayor Jenkins, who was attending his first meeting since by-pass surgery, commented: The Troy Foundation, as part of their 75th anniversary, in appreciation of the support of the community, will be giving the City a hydraulic stage with a value of over $73,000, and the Foundation may be receptive to additions to the stage to make it larger. The Mayor thanked Park Board President J. Reardon and Park Supt. Tim Mercer for assistance in permanently housing the stage.

COMMENTS OF COUNCIL:
-Several members of Council thanked Mr. Jordan for arranging a tour of an old canal lock.
-Mr. Severt commented that from his two corporate visits for the DP&L/Chamber Retention & Expansion Program, he heard that development incentives resulted in the companies coming to Troy; as a part of the DARE program, he would encourage 6th graders to be required to spend a brief period in jail lockup to deter criminal activity.
-Mrs. Saxton encouraged participation in a program to be held at the Arena, to be attended by students, sponsored by UVMC regarding parenting.
-Mr. Helmer stated he was reluctant to approve the fireworks contract due to the expense and hoped that there would be contributions to offset much of the cost. It was noted that The Troy Foundation has promised $7500 in participation.

AUDIENCE COMMENTS:
Regarding the demolition of the Canal Street Warehouse (R-40-99)
-Carolyn Hillman, 121 S. Walnut, urged the City to not demolish the warehouse because, as a neighbor, she felt the structure has historic value, could serve a number of uses, and is more attractive than green space would be.
-Jo Gamblee, 120 S. Oxford, asked that the warehouse not be demolished.
-Jack Hillbrand, 1190 Westridge, and BAR President, stated he did not feel the warehouse could be retained just on "hard core preservationist" issues, but that it should be looked at as to what would make the building worth keeping. He suggested the City look at renovating it and recouping the investment and not that it has been neglected to the point the cost does not justify renovation.
-Dan Kerber, 126 S. Cherry, suggested Council view turning the building over to the private sector to see if there is a use and delay any action while this is considered.
-Mr. Mercer stated Council had looked at the time the building had been unused, the deteriorating condition, and felt it would be best to keep the land for possible City use with it being mainly placed in green space.

Regarding cell tower (0-6-99):
-Larry Gustin, 84 Foss Way, suggested he still opposes the proposed location of the tower for safety reasons and feels he may have some support from area merchants in requesting other locations be considered.
-Shelly Neece, representing the applicant, stated there was considerable investment in determining a location and this location has the support of staff.
-Mr. Severt stated he had delayed action on the Ordinance to give Mr. Gustin two more weeks to determine if there was support for his opinion, but would not support delaying beyond that time.

5-3-99 p.4

Other:
-Bob Larck, 427 Herrlinger Way, commented that Ordinances that political signs be 15’ from the curb were not being enforced.
A motion was made by Mr. Beamish, 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 9:14 p.m. At 10:15 p.m. Council returned from executive session, made no further comments, and adjourned at 10:15 p.m.

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President of Council Clerk of Council