June 21, 1999

MINUTES OF COUNCIL

PUBLIC HEARINGS: At 7:31 p.m. Mr. Beamish declared open a public hearing on Ordinance No. 0-15-99.
-Edna Asam, 109 S. Ridge ö felt a commercial enterprise would adversely impact property values.
-Gene Detrick, 113 S. Ridge -- concerns of increased traffic and safety negatively impacted, and was told the company wanting to buy the property had other sites under consideration.
-Larry McKinney, 121 S. Ridge ö feels extra traffic would be directed to Heywood School and place children in danger, and there would be less area available for parking.
-Mike Chesnut, 104 S. Ridge (owner of one lot proposed for rezoning) ö suggested another use would eliminate an unattractive former gas station, with torn up lot, now used as a towing lot, with "junk" cars sitting there, and would also eliminate high speed tow trucks. Mr. Chestnut commented that attempts to sell his property as residential have been unsuccessful.
-Diane Chesnut, 104 S. Ridge ö many residents bought properties with the gas station there and knew that they were moving near a commercial enterprise.
-Robert Bader, owner of 112 S. Ridge ö if the property is rezoned, that will be the only area where R-1 land abuts commercial land and he is concerned that if the rezoning is approved, it could be the start of Ridge Ave. becoming commercial.
-Vic Woodall, 106 Ridge, owner of one of the lots proposed for rezoning, stated he felt whatever would go on these lots could not be worse than the current towing business.
-Larry Lee, Lee & Lee Investments, asked for more information about what is planned for the area.
-Frank Davis, City Zoning Administrator, advised that when the Planning Commission looks at a rezoning, they look at land use and not what a particular use may be if a piece of land were rezoned as that would be speculative. He also noted that if the area is rezoned, the Code requires a 25â buffer regardless of use, there are landscaping requirements, and set back requirements.
-Ray Bretland, 910 S. Clay, that rather than increasing a commercial area, that these lots be residential to preclude an intrusion of commercial in a residential area.
-Bob Koverman, 1106 W. Main, stated he neither supported nor opposed the rezoning and did not feel a use as a drug store could be more detrimental than the current use.
There being no further comments, at 8:07 p.m., Mr. Beamish declared this public hearing closed.

At 8:08 p.m., Mr. Beamish declared open a public hearing on Ordinance No. O-16-99.
-Shelly Neace, representing AT&T Wireless, the applicant, stated the company is still open to a 250â tower to accommodate another carrier (rather than the 225â under this application.

There being no further comments, at 8:09 p.m., Mr. Beamish declared this public hearing closed.

The Clerk gave a summary of the June 7 minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Mercer, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:

BUILDINGS, STREETS & SIDEWALKS: Mrs. Melvin, Chairman, reported that Committee recommends legislation be prepared authorizing bidding the roof replacement on the Riverside Cemetery building (office/chapel/residence) at a cost not to exceed $147,000. Committee further noted that an anonymous donor would fund part of the repairs in a desire to retain/maintain the chapel.

Report signed by Douglas, Severt and Melvin.

FINANCE: Mr. Mercer reported as follows: 1) Committee recommends emergency legislation be prepared estimating the aggregate maximum amount of public funds to be awarded as deposits, as recommended by the City

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Auditor in that bids for deposits must be taken every two years. 2) Regarding the disposition of the City Warehouse on Canal Street, Committee met with all members as a Committee of the whole, considered various options for the building, and as some citizens have asked that the City attempt to lease the building before proceeding to demolish it in order to see if there is interest in it being leased, Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids to lease the Canal St. Warehouse in accordance with the requirements of the ORC with the lease document stipulating minimum renovations to be accomplished within 18 months with the cost of the renovations credited against lease payments

Reports signed by Helmer, Mercer and Beamish.

LAW & ORDINANCE: Mr. Severt, Chairman, reported that Committee recommends approval of Section Three of the Willow Creek Subdivision.

Report signed by Douglas, Mercer and Severt.

PERSONNEL: Mr. Douglas, Chairman, reported as follows: 1) Committee has reviewed compensation of elected officials and recommends that legislation be prepared to provide for the following compensation of elected officials as follows:

2000 2001 2002 2003

Mayor $15,000 $15,000 $15,000 $15,000
Auditor 43,000 43,500 44,000 44,500
Director of Law 40,000 41,000 42,000 43,000
Council President 5,500 5,750
Council Members 5,000 5,000

(Committee felt the current compensation of the Treasurer [$4,000] to be appropriate.)

2) Committee has reviewed the request to establish a 7^th Sergeant position as an Administrative Sergeant to work on a number of projects, with accreditation only one duty, and with the understanding that total employee numbers will not be increased and not diminish and number of Officers and Sergeants on the street. (copy of report attached to original minutes) Upon motion of Mr. Douglas, seconded by Mrs. Saxton, this report of the Personnel Committee was approved by unanimous roll call vote.

3) Committee recommends Committee/Board appointments/reappointments be approved as follows:
-Alan Kappers, reappointed to Board of Park Commissioners 7-16-99/7-16-02
-Karol McCarthy, reappointed to Beautification Com 7-31-99/7-31-01
-Dorothy Schoch, reappointed to Beautification Com 7-31-99/7-31-01
-Kay Vagedes, appointed to BAR immediate ö 12-31-99

Upon motion of Mrs. Saxton, seconded by Mr. Severt, this report of the Personnel Committee was approved by unanimous roll call vote.

Reports signed by Melvin, Saxton, Douglas

SAFETY & HEALTH. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared to approve the fire/ambulance contracts with Staunton and Concord Townships through 2002, which amounts are based on Township proposals near to or equal to the 90% of the original City proposal, which the Committee had indicated would be acceptable. It was noted that the City had advised the Townships that the contracts should be based on the compensation paid to the City for the services being provided are more commensurate with the level of services, thus reducing the subsidization of the services to the Townships by the City. Committee noted that both agreements will result in fire levies by the Townships at some point, and also noted that the Concord Twp. Representative has suggested future contracts be a dollar amount equal to a set millage amount and the Committee would not object to such within legal guidelines. The contract amounts are as follows: (copy of entire report attached to original minutes.)

2000 2001 2002

Concord Twp. $119,604 $196,770 $286,438
Staunton Twp. 44,000 73,000 105,000
Report signed by Beamish, Helmer and Saxton.

UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Service & Safety to advertise for bids for aeration tank diffusers at the Wastewater Treatment Plant at a cost not to exceed $40,000 (which is under the $56,700 budgeted amount).

Report signed by Beamish, Saxton and Mercer.

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

6-21-99 p.3

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.

A motion was made by Mr. Mercer, seconded by Mr. Douglas, to postpone action on Resolution No. R-40-99 until such time as bids for the lease of the building have been received ad evaluated. Motion passed by unanimous roll call vote.

RESOLUTION NO. R-46-99
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 AERATION TANK DIFFUSERS FOR THE WASTEWATER TREATMENT PLANT

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

RESOLUTION NO. R-47-99
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 THE REPLACEMENT ROOF ON THE RIVERSIDE CEMETERY BUILDING

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

RESOLUTION NO. R-48-99
RESOLUTION ESTIMATING AGGREGATE MAXIMUM AMOUNT OF PUBLIC FUNDS TO BE AWARDED AS DEPOSITS AND DECLARING AN EMERGENCY

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

RESOLUTION NO. R-49-99
RESOLUTION AUTHORIZING A CONTRACT WITH CONCORD TOWNSHIP TO PROVIDE FIRE PROTECTION

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

6-21-99 p.4

RESOLUTION NO. R-50-99
RESOLUTION AUTHORIZING A CONTRACT WITH STAUNTON TOWNSHIP TO PROVIDE FIRE PROTECTION

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

ORDINANCE NO. O-15-99
ORDINANCE CHANGING ZONING FOR PART OF OUTLOT 72 IN THE CITY OF TROY, OHIO FROM C-1, LOCAL COMMERCIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT AND R-1, SINGLE FAMILY RESIDENCE DISTRICT, TO C-2 GENERAL COMMERCIAL DISTRICT

This Ordinance was given first title reading on 6-7-99.
Given public hearing and second title reading.

ORDINANCE NO. O-16-99
ORDINANCE APPROVING SPECIAL USE PERMIT FOR INLOT 7813 IN THE CITY OF TROY, OHIO.

This Ordinance was given first title reading on 6-7-99.

Given public hearing and second title reading.

ORDINANCE NO. O-17-99
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A LEASE AGREEMENT FOR THE OLD CITY WAREHOUSE

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

ORDINANCE NO. O-18-99
ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS

This Ordinance was given first title reading.

ORDINANCE NO. O-19-99
ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS

This Ordinance was given first title reading.

ORDINANCE NO. O-20-99
ORDINANCE ACCEPTING THE FINAL PLAT OF WILLOW CREEK SUBDIVISION SECTION THREE

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

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COMMENTS OF THE MAYOR. The Mayor commented that Panasonic is celebrating their 10^th anniversary in Troy.

COMMENTS OF COUNCIL:
-Members of Council commented regarding how pleased they are with the Teen Leadership Troy program.
-Mr. Severt stated he voted no on the warehouse lease as he feels the building should be demolished and he does not feel the City should be in the business of leasing property. He also noted a safety concern with where teams warm up at Duke Park, and stated he supported a noise ordinance that meets constitutional requirements.
-Mrs. Melvin stated she appreciates the efforts of the many volunteers who serve on Boards and Commissions.
-Mr. Douglas and Mr. Severt asked for an update regarding the speed limit on Riverside Drive. Mr. Severt asked that the current speed be posted until a uniform speed can be determined.
-Mr. Mercer asked the police to monitor W. Main speed.

AUDIENCE COMMENTS:
-Nancy Rafferty, 221 W. Franklin, suggested someone be hired to market the warehouse, that sufficient time be taken for bids, and that if there are not bids, other options to demolition be considered.

There being no further business, Council adjourned at 9:19 p.m.

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President of Council Clerk of Council