| September 6, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 6, 2005, at 7:00 p.m. in Council Chambers. (Prior to the meeting, the Oath of Office was administered to Thomas M. Kendall, First Ward Member of Council, replacing Craig Wise who had resigned when he had moved out of the First Ward. Mr. Lohrer stated Mr. Kendall would assume the Committee assignments that Mr. Wise had held.) Members Present: Baker, Clark, Douglas, Hutchinson, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Richard L. Cultice, Auditor W. McGregor Dixon, Jr., Director of Law David E. Anderson, Director of Public Service and Safety INVOCATION was given by Council Member Mercer. MINUTES: The Clerk gave a summary of the Aug. 15, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Douglas, the corrected minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee. Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for Phase IV of the Sidewalk Improvement Program at a cost not to exceed $200,000. Report signed by Douglas, Hutchinson and Baker. Finance Committee. Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing a loan in the amount of $150,000 to MyTeam1 Corp. from the Economic Development Revolving Loan Fund. Report signed by Douglas and Mercer. Law & Ordinance Committee. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends Ordinance No. O-30-05, the rezoning of 216 W. Franklin Street, from R-7 to OR-1 be approved as appropriate zoning for the property. Discussion. Mrs. Baker asked if the Planning Commission will have further review of the renovation of 216 W. Franklin Street. It was stated that modifications/renovations to structures in the Historic District (which this property is) will be considered by the Planning Commission. 2) Committee recommends Ordinance No. O-31-05, the rezoning of 434 S. Market Street, from OC-1 to OR-1 be approved as appropriate zoning for the property. 3) Committee met regarding the Dalton Annexation, 0.5934 Acres in Staunton Twp. on Troy-Urbana Road. This annexation filed under the new special or expedited procedures for an annexation signed by 100% of the property owners. As such, there is a time frame from the filing with the County for the City to file a Statement of Services and a Statement of Buffering if there would be incompatible Zoning, and a 25-day time frame for notifying the City of consent to the annexation. Failure to meet the time frame is considered as “consent”. City staff has recommended that Statements be approved and that the City consent to the annexation as meeting all requirements of the annexation law. Reports signed by Mercer and Saxton. Personnel Committee. Mr. Clark, Chairman, reported that Committee supports the Mayor’s appointment of Larry D. Salyer to the Board of Zoning Appeals (BZA) to fill the term of Robert Cornell (who resigned), with a term ending 12/31/06. Report signed by Mercer, Saxton and Clark. Upon motion of Mr. Mercer, seconded by Mrs. Saxton, the appointment of Mr. Salyer to the BZA was approved by unanimous roll call vote. Mr. Clark gave an oral report that Committee had met to consider assistance to the victims of Hurricane Katrina (Gulf Coast area), that Committee met, no legislative action is required, but Mr. Clark asked for an update by Fire Chief Denney. Chief Denney advised that: September 6, 2005 Page Two - One firefighter/EMT was deployed with the Buckeye Sheriff’s Team the past weekend (for 7 days). - Two firefighter/paramedics and the reserve medic may volunteer for an 11-day duty. - The City had offered two excess boats to search and rescue crews, but the offer was declined Mr. Anderson noted that three employees in the National Guard have been called to active duty and because the situation in the Gulf Coast area is unknown and unsettled, information and requests keep changing. Mr. Anderson said he has been asked if the City has a Disaster Plan, which it does under the direction of the Fire Chief. He noted the recent Deltech Polymers chemical spill was an example of putting the plan into action. Chief Denney thanked all the other City employees/departments, who responded to the Deltech incident. Utilities Committee. Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the cleaning of the East Lime Sludge Lagoon at a cost not to exceed $145,000. Committee noted this project had previously been authorized at $125,000, one bid was received at $130,000, other bidders may be interested in the project, and because of rising fuel prices (which impact this project), the authorization is being increased. Report signed by Baker, Clark and Douglas. There were no audience comments regarding Committee Reports or Agenda: RESOLUTION NO. R-45-05 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 IV OF THE SIDEWALK REPAIR PROGRAM This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Hutchinson, Baker, Kendall, Mercer, Clark, Douglas and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Baker, Kendall, Mercer, Clark, Douglas, Saxton and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-46-05 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 EAST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Mercer, Clark, Douglas, Saxton, Hutchinson and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Mercer, Clark, Douglas, Saxton, Hutchinson, Baker and Kendall. No: None, RESOLUTION ADOPTED RESOLUTION NO. R-47-05 RESOLUTION APPROVING THE APPLICATION OF MYTEAM1 CORPORATION, dba ONECALL NOW FOR ASSISTANCE FROM THE CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND This Resolution was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Douglas, Saxton, Hutchinson, Baker, Kendall and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Douglas, Saxton, Hutchinson, Baker, Kendall, Mercer and Clark. No: None. RESOLUTION ADOPTED September 6, 2005 Page Three ORDINANCE NO. O-30-05 AN ORDINANCE CHANGING ZONING FOR 216 W. FRANKLIN STREET, LOCATED IN THE CITY OF TROY, OHIO, FROM R-7, MULTIPLE FAMILY RESIDENTIAL, TO OR-1 OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on August 1, 2005. Given public hearing and second title reading on August 15, 2005. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Hutchinson, Baker, Kendall, Mercer, Clark and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-31-05 AN ORDINANCE CHANGING ZONING FOR 0.764 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO OR-1, OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on August 1, 2005. Given public hearing and second title reading on August 15, 2005. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Baker, Kendall, Mercer, Clark, Douglas and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-05 ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 0.5934 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP 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. Clark. Yes: Baker, Kendall, Mercer, Clark, Douglas, Saxton and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kendall, Mercer, Clark, Douglas, Saxton, Hutchinson and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-33-05 ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 0.5934 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Clark, Douglas, Saxton, Hutchinson, Baker and Kendall. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Douglas, Saxton, Hutchinson, Baker, Kendall and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-34-05 ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 0.5934 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Saxton, Hutchinson, Baker, Kendall, Mercer and Clark. No: None. September 6, 2005 Page Four Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Hutchinson, Baker, Kendall, Mercer, Clark and Douglas. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. Mayor Beamish: -Noted the efforts being made to aid victims of Hurricane Katrina, commenting that at two concerts the Labor Day weekend, over $650 was contributed to the Red Cross Hurricane Relief Fund. -MVRPC has earmarked over $1,016,000 for the recreational trail connector between Troy and Piqua. The Mayor stated he feels this enhances the City priority of improving Treasure Island and recreational trails. -Appointed Alan Clark to the Mayor’s Downtown Roundtable Committee. COMMENTS OF DIRECTOR. Mr. Anderson noted that he is working on a partnership with the University of Dayton for students to work on three projects to assist the City – Community Oriented Policing, Impact Fees of Residential Development, review of Fee Structure. COMMENTS OF MEMBERS OF COUNCIL. -Members of Council welcomed Mr. Kendall. -Mr. Clark thanked the Mayor for his appointment to the Roundtable, and noted that the Art on the Square Event will be held the coming weekend. He said he is pleased to see that the paving program is $114,000 under authorization. -Mrs. Baker stated she received a call that several sexual predators are living in school districts illegally; she has found that 40 such individual are living in the City, and asked if any of the City staff had comments. Mr. Anderson stated that a new law prohibits such individuals from living within 1000’ of a school zone. Discussions have been going on with the Police Chief and legal officials to address the situation. Mr. Dixon stated he has been reviewing this situation with the County Prosecutor. Mr. Clark stated there is a difference between sexual offender and predators. -Mr. Douglas commented that he appreciated the concern being expressed for the citizens in the Gulf Coast who have been impacted by the hurricane. -Mr. Kendall stated it is a great honor to serve the community as a member of Council and he will do his best for the community. COMMENTS OF COUNCIL PRESIDENT. Mr. Lohrer noted that the Mayor, Director of Public Service and Safety and the President of the Troy Development Council will be leaving for a European Trade Mission on September 8, and he wished them success. STAFF COMMENTS: Fire Chief Denney stated that the contract to purchase the new land for the fire station has been signed on behalf of the current owner, Staunton Grange. AUDIENCE COMMENTS. Matt Fairband, 434 S. Market Street, thanked Council for rezoning his property (434 S. Market). He said when he moved to Troy, he located within 1000’ of a school zone to hopefully not have a sexual predator as a neighbor. However, he understands there is one such individual living next to him. There being no further business, Council adjourned at 8:01 p.m. ______________/s/__________________ ________________/s/____________________ President of Council Clerk of Council |