MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, January 7, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise.

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
R. Craig Helmer, Auditor

INVOCATION: An invocation was given Dr. Rev. Wilson, First United Methodist Church.

ORDINANCE NO. O-1-02
ORDINANCE EMPLOYING CLERK OF COUNCIL AND FIXING COMPENSATION
This Ordinance was given first title reading.

Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Bretland, Wise, Saxton, Mercer, Cultice, Beamish and Baker.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer.
Yes: Wise, Saxton, Mercer, Cultice, Beamish, Baker and Bretland.
No: None. ORDINANCE ADOPTED

The Director of Law then administered the Oath of Office to the Clerk of Council.

ELECTION OF PRESIDENT OF COUNCIL PRO TEM. A motion was made by Mr. Mercer, seconded by Mr. Bretland, to elect Mr. Beamish as President of Council Pro Tem. This motion was approved by unanimous roll call vote.

ELECTION OF CLERK OF COUNCIL PRO TEM. A motion was made by Mr. Beamish, seconded by Mrs. Baker, to elect Mr. Mercer as Clerk of Council Pro Tem. This motion was approved by unanimous roll call vote.

ASSIGNMENT OF COMMITTEES OF COUNCIL. Mr. Lohrer announced the following Committee assignments:
Committee Chair Members
Buildings, Streets & Sidewalks Baker Bretland Cultice
Finance Beamish Cultice Mercer
Law & Ordinance Saxton Beamish Mercer
Personnel Wise Baker Beamish
Recreation & Parks Bretland Saxton Wise
Safety & Health Cultice Baker Bretland
Utilities Mercer Saxton Wise

RULES OF COUNCIL. Upon motion of Mr. Bretland, seconded by Mrs. Baker, the Rules of Council were approved.

COMMITTEE REPORTS: Mr. Bretland read the report of Council as a Committee of the Whole (previous Council) that legislation be prepared authorizing the Director of Public Service & Safety to enter into an agreement with Poggemeyer Design Group, Inc. in the amount of $242,500 for the design of improvements to the Troy Memorial Stadium, noting that the following are yet to be resolved: funding of the improvements, reimbursement of $20,000 of design costs from the Football Parents Assoc. and the reimbursement of a yet to be determined amount from the Football Parents Assoc. for construction of an area for the football team that can be used by other sports/groups, and the agreement between the City (Park Board) and the schools for the use of the stadium by the schools, including monies due the City by revenues for the use of the Stadium.
Report signed by Baker, Bretland, Beamish, Saxton and Mercer.

RESOLUTION NO. R-1-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH POGGEMEYER DESIGN GROUP, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE TROY MEMORIAL STADIUM
This Resolution was given first title reading.

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Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Baker, Bretland, Wise, Saxton, Mercer, Cultice and Beamish.
No: None.
Discussion: Mr. Beamish stated he viewed this as providing for the future of the Stadium, and that more than a year of review and meetings had taken place prior to this recommendation.
Mr. Bretland moved for adoption. Motion seconded by Mrs. Baker.
Yes: Bretland, Wise, Saxton, Mercer, Cultice, Beamish and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION IN MEMORIAM (informal Resolution) to Harold F. Willis, City Auditor 3-91/12-99, who died on 12-22-01, was approved by unanimous roll call vote following motion by Mrs. Saxton, seconded by Mrs. Baker.

ORDINANCE NO. O-13-01
ORDINANCE CHANGING ZONING FOR A 23.383 ACRE PARCEL LOCATED IN CONCORD TOWNSHIP IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO R-7, MULTIPLE DWELLING DISTRICT

This Ordinance was given first title reading on 6-4-01.
Given public hearing and second title reading on 6-18-01.
Given third title reading on 7-2-01.
Given fourth title reading on 7-16-01.
(While a vote for adoption was called on 7-16-01 [with a tie vote by 6 members present broken by a yea vote by the Council President] with the legislation presumed adopted, a referendum petition was later filed. As the exhibit as not part of the Ordinance when the vote was taken, the Director of Law ruled that the vote was not valid and the Ordinance should now continue to be read and voted on after another public hearing was conducted.)
Given fifth title reading on 11-5-01.
Given sixth title reading on 11-19-01.
Given seventh title reading on 12-3-01.
Given public hearing and eighth title reading on 12-17-01.
Given ninth title reading.

Discussion: Mrs. Saxton asked that this go to a 10th reading and that new Councilmembers Cultice and Wise receive a packet of background information on this Ordinance for a possible vote at the next meeting.

COMMUNICATIONS: The Clerk announced that on 12-11-01 the County filed the Yates Annexation with the City.

COMMENTS OF MAYOR: Mayor Jenkins commented: at the 1-5-02 basketball game he participated in presenting mementos to the Dale Vesper family (deceased Bd. of Education member); he is working on filling the Director of Public Service & Safety position with Mr. Wolke retiring on 2-1-02; 3 new police officers were sworn in this date, all of whom already have required training; and the Mayor presented his annual report (copy attached to original minutes).

The annual report of the Director of Law was distributed to Council (copy attached to original minutes)

COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Wolke welcomed new members Cultice and Wise.

COUNCIL COMMENTS:
. Mrs. Baker asked Chief Phelps about the next Citizens Police Academy. Chief Phelps reported that this will be a six-week session and details are now on the City’s web page.
. Mrs. Saxton asked about the status of the Faurecia Exhaust Systems project, and was advised that it seems that the company has made a commitment to bring a new product to the Troy location.
. Mr. Wise and Mr. Cultice thanked Council and the Administration for providing them with an easy transition.

AUDIENCE COMMENTS:
.Richard Morrison, 840 Cartwright Ct. and Michael Mills, 860 Cartwright Ct., part of the Little Ponderosa Subdivision, asked Council if any action would be taken regarding the widened ditch adjacent to their properties that they feel has created a situation where the bank of the ditch cannot be mowed, the bank/ditch is not safe, and they have suffered loss of property values. Mr. Morrison stated that the City permitted their property to be damaged to give favor to the Stonebridge Development, and that the Little Ponderosa owners had received a communication from the City Engineer that he felt indicated Stonebridge had declined to make any further improvements to the properties in the
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Little Ponderosa subdivision and he felt the Little Ponderosa properties now had to have a remedy provided by the City. Mr. Morrison also commented: City Engineer Debbie Swan had made a commitment that if the property owners could not mow the bank, the City would do so; the problem would be fixed if the drainage tile was put in properly, good grass seed planted, and some rocks removed; and he would like some type of response as to what the City will or will not be doing. Mr. Mills commented: they only brought in an attorney to handle negotiations with the City but they were not trying to be “legal” in doing so; any comments about the widening work done to protect Little Ponderosa from a flood is “crying wolf” as there has been only one instance of any flooding in history and there will be no flooding unless there is rain on top of frozen ground and he can guarantee it will not flood without those conditions; and he would like to know who, if anyone, is to provide any remedy to the current ditch. Mr. Mercer asked about the Little Ponderosa property owners hiring an engineer and attorney. Mr. Dixon stated the property owners’ attorney brought an engineer on behalf of the owners to meet with the City Engineer, and that engineer suggested a low flow channel be installed to resolve the property owners’ concern, but when the owner of Stonebridge Subdivision was advised of the suggestion of the low flow channel, Stonebridge declined to participate. Mr. Mercer commented that he felt there should be a response as to what action, if any, the City plans. Mr. Wolke will discuss this with staff.


There being no further comments, Council adjourned at 7:57 p.m.

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President of Council                                              Clerk of Council