MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, April 4, 2005, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise.

Presiding Officer: Ted S. Mercer, President of Council Pro Tem

Others Present: Michael L. Beamish, Mayor
David E. Anderson, Director of Public Service and Safety
W. McGregor Dixon, Jr., Director of Law
Richard L. Cultice, Auditor

INVOCATION was given by President Pro Tem Mercer.

PUBLIC HEARING:
At 7:03 p.m., Mr. Mercer declared open a public hearing on Ordinance No. O-14-05.
-William Lang, attorney for the applicants, stated that the surrounding area is mainly light industrial, the applicant plans to use the area as parking lots for Kirk Nationalease, which is adjacent to this property.
-Lester Conard, 1210 S. Clay, commented that in the summer months there is a lot of dust from the current use and if the industrial area grows the dust will increase. Mr. Conard stated he did not support the change unless some treatment can be given to the roadway. Mr. Lang stated that the applicant realizes that the parking lot would have to be sealed.
-Brian Clawson, TMC Investments, stated he owns 1332 and 1336 S Crawford, he purchased and rehabbed these homes, the proposal is to make an island of his properties that are one use and surround them by industrial uses with the road that has been providing access used by trucks all hours, the roadway would be used to the extent tenants cannot go to and from work, and children could not ride bikes, and he feels it is wrong to make the section of the City worse. Mr. Clawson stated this would allow semi trucks to use land at the park barrier. He also commented that he had expected to be at the prior Planning Commission meeting, but was not advised of the meeting. Mr. Clawson suggested that if the business is expanding, perhaps it should locate elsewhere rather than expand into the residential area. He further commented that he believes if the roadway became impassible, he would have to sue them over the private road, and he sees this as taking a bad situation that has worked and make it not work.
-Mr. Anderson commented that the access was addressed by the Planning Commission.
-Mr. Mercer noted that issues raised would be reviewed at a Committee meeting.
-Mr. Clawson asked about storm water detention and where that will be located to avoid flooding the park.

There were no further comments in this regard, and at 7:15 p.m., Mr. Mercer declared this hearing closed.

EXECUTIVE SESSION. A motion was made by Mr. Clark, seconded by Mrs. Baker to recess into Executive Session to meet with attorney concerning imminent court action. Motion passed by unanimous roll call vote. At 7:16 p.m. Council recessed into Executive Session. At 8:15 p.m. Council returned from executive session.

AMENDING AGENDA: A motion was made by Mrs. Baker, seconded by Mr. Clark, to amend the agenda of the April 4 meeting of Council to add Resolution No. R-21-05, authorizing a settlement agreement with Staffco Construction, Inc. regarding the stadium renovation with the legislation presented as an emergency measure.
Motion passed by unanimous roll call vote.

MINUTES: The Clerk gave a summary of the March 21, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Baker, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:

Finance Committee: Mr. Mercer, Chairman, reported that Committee felt the auditing of revenue streams contained in the agreement provided by R-7-05 can be performed by the City Auditor, working with the County Auditor; therefore, Committee recommends R-7-05 be denied.
Report signed by Douglas, Wise and Mercer.

Law & Ordinance Committee: Mrs. Saxton, Chairman, reported that Committee has again met on O-7-05, amendments to the Electronic Changeable Copy Sign provision of the Zoning Code and Committee has a majority and minority report:

April 4, 2005 Page Two

Majority Report: Recommendation that the Ordinance to provide for electronic changeable copy signs be approved with further stipulations that O-7-05 be amended to include “red” as a permitted color in addition to amber and white and that subsection (f) have words “or school” inserted before the word “sports” to permit a scoreboard for a school that is not a public school and the Ordinance then be adopted.
Majority report signed by Mercer and Wise.
Minority Report: Recommendation that O-7-05 be denied and that legislation be presented that would prohibit further electronic changeable copy signs as the City does not benefit from such signs.
Report signed by Saxton.



RESOLUTION NO. R-7-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH OHIO GOVERNMENTAL FINANCIAL MANAGEMENT, INC.

This Resolution was given first title reading on February 7, 2005.
Given second title reading on February 22, 2005.
Given third title reading on March 7, 2005.
Given fourth title reading on March 21, 2005.
Given fifth title reading.

Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton.
Yes: None.
No: Clark, Saxton, Douglas, Hutchinson, Mercer, Wise and Baker.
RESOLUTION FAILED ADOPTED


RESOLUTION NO. R-21-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ENTER INTO A SETTLEMENT AGREEMENT WITH STAFFCO CONSTRUCTION, INC. REGARDING THE STADIUM RENOVATION AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise.
Yes: Saxton, Douglas, Hutchinson, Mercer, Wise, Baker and Clark.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson.
Yes: Douglas, Hutchinson, Mercer, Wise, Baker, Clark and Saxton.
No: None. RESOLUTION ADOPTED


RESOLUTION IN MEMORIAM: LLOYD W. ROWE (former 4th Ward member of Council)
A motion to approve the Resolution in Memoriam was made by Mr. Hutchinson, seconded by Mr. Clark, and approved by unanimous roll call vote.


ORDINANCE NO. O-7-05
AN AMENDED ORDINANCE AMENDING SECTION 1000.13170(e) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CHANGEABLE COPY SIGNS.

This Ordinance was given first title reading on February 22, 2005.
Given public hearing and second title reading on March 7, 2005.
Given third title reading on March 21, 2005.
Given fourth title reading.

Mr. Wise moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Wise, Douglas and Hutchinson.
No: Baker, Clark and Saxton. ORDINANCE ADOPTED


April 4, 2005 Page Three

ORDINANCE NO. O-8-05
ORDINANCE CHANGING THE ZONING FOR INLOT 9304 IN THE CITY OF TROY, OHIO FROM COUNTY
A-1 AND A-2 AND ADOPTING A PLANNED DEVELOPMENT

This Ordinance was given first title reading on February 22, 2005.
Given public hearing and second title reading on March 7, 2005.
Given third title reading on March 21, 2005.
Given fourth title reading.

ORDINANCE NO. O-13-05
AN ORDINANCE AMENDING THE CITY OF TROY ZONING CODE SECTION 1000.14130 TO RESTRICT THE SIZE OF VARIANCE FOR SIGNS

This Ordinance was given public hearing and first title reading on March 21, 2005.
Given second title reading.

ORDINANCE NO. O-14-05
AN ORDINANCE CHANGING ZONING FOR PART OF OUTLOT 236, LOCATED IN THE CITY OF TROY, OHIO, FROM R-6, TWO-FAMILY RESIDENTIAL DISTRICT TO M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given public hearing and first title reading.

ORDINANCE NO. O-15-05
ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE FOR A NEW FIRE STATION AND DECLARING AN EMERGENCY.

This Ordinance was given first title reading.

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


COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented that Chief Phelps and the members of the Troy Police are to be congratulated for again being accredited.

COMMENTS OF DIRECTOR OF LAW. Regarding the Grismer Tire Company sign that is in violation of Ordinances, Mr. Dixon stated the trial that was to be held the coming week has been continued.

COMMENTS OF COUNCIL:
-Mr. Clark stated he recently visited the Sewage Plant to see recent plant improvements, including the generator.
-Mr. Mercer stated the Finance Committee will shortly be looking at the quarterly status of the City’s finances.



There being no further business, Council adjourned at 8:40 p.m.



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President of Council                                   Clerk of Council