| August 2, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 2, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law David E. Anderson, Director of Public Service and Safety INVOCATION was given by Council President Lohrer PRESENTATION: Mayor Beamish announced that he has proclaimed August 2, 2004, A. Murphy Howe Day in recognition of Mr. Howe’s contribution to the City as a member of Council and as a businessman, and presented the proclamation to Mr. Howe. MINUTES: The Clerk gave a summary of the July 19, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Baker, seconded by Mr. Clark, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared amending Ordinance Section 521.07 to amend the Ordinances regarding fences. 2) Committee recommends Ordinance No. O-30-04, the rezoning of Pamela Subdivision Section 1 be approved in order to apply a City zoning to the land that had been annexed in 2002 and the proposed R-2 zoning most closely matches the current County zoning. 3) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to enter into an Agreement with the Board of County Commissioners for the County to install and maintain a 4-way stop at Fenner and Barnhart Roads, noting that as the center line of Fenner Road is the Corporation boundary for Troy this agreement is required. 4) Committee recommends legislation be prepared accepting the final plat of Carriage West Subdivision, dedication of right of way, and the City payment of $8,300 for oversizing. 5) Committee recommends Ordinance No. O-31-04 be adopted to establish a new zoning classification of R-3-B, single family residential with a minimum lot size of 12,000 square feet. This residential district will fill the gap between R-3 (9,000 sq. ft. minimum lot size) and R-3 (15,000 sq. ft. minimum lot size). Reports signed by Mercer, Wise and Saxton. Discussion. Mr. Mercer, regarding fences, stated he would like to see the Law & Ordinance Committee again look at the requirement of a fence permit in the near future. He stated he recognized staff did not feel this to be necessary, but it does have some Council support and would serve to document when a fence was placed and help provide the fence standards to property owners. Mr. Clark stated he supported Mr. Mercer as a fence permit would provide documentation for a fence. Mayor Beamish commented that sections e, f, and g of the proposed Ordinance do grandfather some fences. UTILITIES COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to bid for the cleaning of the West Lime Sludge Lagoon at a cost not to exceed $100,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Tank Industry Consultants, Inc. for a cost not to exceed $43,250 for the inspection of the contract for the blasting and recoating of water basins 1 and 2 as an emergency measure as the work is on-going. Committee noted that some of this work has been done under a purchase order, but the total cost of the inspection services will be $43,250, which must be authorized by Council. Committee also commented that situations such as being asked to approve work after the fact should be avoided. Reports signed by Clark, Baker and Douglas. RESOLUTION NO. R-47-04 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 PHASE III OF THE SIDEWALK IMPROVEMENT PROGRAM This Resolution was given first title reading. 8-2-04 Page Two Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Hutchinson, Saxton, Wise, Clark, Mercer, Douglas and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Saxton, Wise, Clark, Mercer, Douglas, Baker and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-48-04 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 CLEANING OF THE WEST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Wise, Clark, Mercer, Douglas, Baker, Hutchinson and Saxton. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Mercer, Douglas, Baker, Hutchinson, Saxton and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-49-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR INSPECTION SERVICES AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Douglas, Baker, Hutchinson. Saxton, Wise and Clark. No. None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Baker, Hutchinson, Saxton, Wise, Clark and Mercer. No: None. RESOLUTION ADOPTED A motion was made by Mrs. Saxton, seconded by Mr. Clark to amend the agenda. Yes: Baker, Hutchinson, Saxton, Wise, Clark, Mercer and Douglas. No: None. MOTION APPROVED MORATORIUM DISCUSSION. Mrs. Saxton stated she wished to have a 6-month moratorium on electronically controlled signs to permit time to review the current ordinance provisions so that there is not a proliferation of such signs and so areas are not cluttered with signs, noting that with new commercial areas (such as the TIF area) there is even more areas that could see a clustering of such signs. (A copy of Mrs. Saxton’s comments are attached to the original minutes.) Mr. Clark stated he supports Mrs. Saxton’s proposal. Mr. Douglas stated he supports the idea but wonders what brought this forth with such urgency. Mrs. Saxton stated she has had problems with the electronic signs on W. Main, and has had others in the community comment that they also have problems with the signs; and a member of the BZA has indicated he feels the ordinance needs to be stronger and there needs to be less variances requested. Mayor asked if the BZA (Board of Zoning Appeals) would make proposals on the current Ordinance. Mrs. Saxton stated this would be reviewed by the staff and BZA, and the urgency is to hold off on additional such sign applications while this is reviewed. Regarding the process, Mr. Dixon stated Committee would be reviewing proposed changes. Mr. Anderson commented that a number of communities restrict signs. He stated he has asked the Development Department to perform a variance study to determine the frequency with approving variances. Mr. Dando, Development Director, stated the BZA would have advisory input, but that this would also go to the Planning Commission for a hearing. 8-2-04 Page Three Carl Goubeaux, 1495 McKaig [and a member of the BZA], stated that in the four years since the last zoning code update, there have been many more requests for variances, and he is concerned about the quantity of unattractive signs that could be placed. He asked Council to keep visual blight under control. Mr. Anderson stated that the developer of the TIF area has agreed that the area will not host tacky signs. RESOLUTION NO. R-50-04 RESOLUTION IMPOSING A MORATORIUM ON ELECTRONICALLY CONTROLLED SIGNS IN THE CITY OF TROY, OHIO FOR A PERIOD OF ONE HUNDED EIGHTY DAYS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Hutchinson, Saxton, Wise, Clark, Mercer, Douglas and Baker. No. None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Wise, Clark, Mercer, Douglas, Baker and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION IN MEMORIAM, G. JOSEPH REARDON, 1932-2004 (Mr. Reardon had served as Recreation Board member [1969-72], member of Board of Park Commissioners [since 1992], Park Board President [since 1994], and member of the Planning Commission [since 1994].) Upon motion of Mr. Clark, seconded by Mrs. Baker, this Resolution in memoriam was approved by unanimous roll call vote. RESOLUTION IN MEMORIAM, JOHN R. DRAKE, 1927-2004. Mr. Drake had served as City Treasurer from 1969 through 7-1-93. Upon motion of Mrs. Saxton, seconded by Mr. Mercer, this Resolution in memoriam was approved by unanimous roll call vote. ORDINANCE NO. O-30-04 AN ORDINANCE CHANGING ZONING FOR INLOTS 9253-9269 IN THE CITY OF TROY, OHIO, FROM THE COUNTY ZONING OF R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO THE CITY ZONING OF R-2, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 7-6-04. Given public hearing and second title reading on 7-19-04. Given third title reading. Mr. Mercer moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Douglas, Baker, Hutchinson, Saxton, Wise and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-31-04 ORDINANCE AMENDING SECTION 1000.10680 OF THE ZONING CODE OF THE CITY OF TROY REGARDING R-3-B SINGLE FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 7-6-04. Given public hearing and second title reading on 7-19-04. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Baker, Hutchinson, Saxton, Wise, Clark and Mercer. No: None. ORDINANCE ADOPTED 8-2-04 Page Four ORDINANCE NO. O-33-04 ORDINANCE ACCEPTING THE FINAL PLAT OF CARRIAGE WEST SUBDIVISION IN THE CITY OF TROY, OHIO, DEDICATING RIGHT OF WAY, ACCEPTING FEES IN LIEU OF DEDICATED PARK LAND, AND AUTHORIZING PAYMENT FOR OVERSIZING This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Baker, Hutchinson, Saxton, Wise, Clark, Mercer and Douglas. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Mercer. Yes: Hutchinson, Saxton, Wise, Clark, Mercer, Douglas and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-34-04 AN ORDINANCE AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING FENCES This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Saxton, Wise, Clark, Mercer, Douglas, Baker and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Clark, Mercer, Douglas and Saxton. No: Baker and Hutchinson. ORDINANCE ADOPTED ORDINANCE NO. O-35-04 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MIAMI COUNTY TO ESTABLISH A FOUR-WAY STOP AT BARNHART AND FENNER This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Clark, Mercer, Douglas, Baker, Hutchinson, Saxton and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Clark. Yes: Mercer, Douglas, Baker, Hutchinson, Saxton, Wise and Clark. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR: Mayor Beamish reminded Council about the Night Out Against Crime and Drugs event on August 3 and noted that the student and adult delegation members of the Troy-Takahashi Student Exchange Program will be departing for Takahashi City, Japan (Troy’s sister city) on August 8. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented that Moody’s Investment Service has advised the City that the Aa2 bond rating is being retained as a result of the recent bond rating presentation in New York. COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer noted that the late Park Board President Joe Reardon was a neighbor and, in his memory, the neighbors will be planting a tree in Duke Park. COMMENTS BY COUNCIL: -Mrs. Baker noted that one item to be discussed at the L&O Committee meeting on 8-3 will be a possible bike helmet law. Members of Council suggested a discussion on this be postponed until a later date. -Mr. Clark stated he had talked with Mrs. Dano regarding her complaint at the prior meeting regarding cats and understands City staff is working with her. 8-2-04 Page 5 -Mr. Douglas recognized and commended Mr. Cochran (Chamber Director) for the recent Chamber accreditation recognition. -Mr. Mercer provided an update on Operation Cloverleaf (I-75/SR-41 Interchange) and stated that every week the 16 acres are mowed at no charge to the City. He also stated topsoil was needed at this location and volunteers worked with the City to haul 46 loads of topsoil from other projects. AUDIENCE COMMENTS: Carl Goubeaux thanked Council for enacting the moratorium regarding electronically controlled signs. PRESENTATION Mary Ann Rosencrantz, a nurse practitioner, was present to suggest Council enact legislation requiring those riding bikes to wear helmets. She provided helmets to show how light they are and stated they are not expensive and there are some available for free. She also mentioned that there are programs to educate parents on the merits of helmets. She recited data regarding injuries and deaths when helmets are not worn, noting that head injuries from not wearing helmets are the major cause of injuries for children 1 through 19. Mayor Beamish commented that the Fire Department has given away helmets for many years and that the City’s Police and Fire Departments do joint safety programs on bike safety and why riders should wear helmets. Mr. Clark stated that the Police Department had a bike safety and helmet program several years ago when he was a police officer. Mrs. Baker asked if there is date on statistic improvement once a bike helmet requirement is in place and Mrs. Rosencranz stated the injuries and deaths are usually cut in half. There being no further business, Council adjourned at 8:45 p.m. _____________/s/___________________ __________________/s/__________________ President of Council Clerk of Council |