| September 18, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, September 18, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall and Saxton. Upon motion of Mr. Kendall, seconded by Mr. Clark, Mr. Mercer was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Arthur D. Haddad, Interim Director of Public Service and Safety W. McGregor Dixon, Jr., Director or Law INVOCATION: An invocation was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the September 5, 2006, meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Harrah, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Douglas reported as follows: 1) Committee recommends legislation be prepared accepting the tax rates forwarded by the Miami County Budget Commission, for the Troy School District and the Miami East School District. Committee recommended emergency legislation so that acceptance could be filed by the end of September as required by the County. 2) Committee recommends legislation be prepared approving the loan of $411,000 from the Economic Development Revolving Loan Fund for Troy Business Park LTD. The applicant will create 16.5 full time jobs, 8.5 from LMI households. Committee noted the loan will be used for part of the $7 Million project rehabbing the former K-Mart property at 865 W. Market Street. Report signed by Douglas and Kendall. Law & Ordinance Committee. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends three pieces of emergency legislation be prepared for the Trader Annexation, 6.0159 acres in Concord Twp. (41 Dye Mill Road and 1415 S. Market Street) – the statement of municipal services, the statement of buffering requirements should there be incompatible uses developed on the annexed land, and consent to the annexation. Committee noted that to meet the time requirements of providing this information to the County, the legislation would be presented as emergency measures. 2) Committee has again reviewed proposed amendments to Fence Ordinances, now before Council as O-34-06 and Committee recommends 521.07 (k) be further amended to provide that a fence or barrier only need be 4” in height around swimming pools. Reports signed by Douglas and Saxton Personnel Committee: Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared changing a deferred compensation program for firefighters from Mass. Mutual to Security Pacific. So that the change can be made without penalties, emergency legislation is recommended. Report signed by Clark, Harrah and Kendall. Utilities Committee: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing bidding for the lime supply for 2007 at a cost not to exceed $216,000. 2) Committee recommends legislation be prepared authorizing a 6-year agreement for Street Lighting with DPL Energy with increases of: 2007/2008 1.6% increase over current rates 2009/2010 2.5% increase over prior year 2011/2012 2.6% increase over prior year Committee noted that the existing agreement included rate reductions over prior years and that 2009 rates will be about the same as the 2000 rates. Reports signed by Harrah and Baker. Audience Comments on Committee Reports and Agenda – none. September 18, 2006 Page Two RESOLUTION NO. R-42-06 RESOLUTION APPROVING THE APPLICATION OF TROY BUSINESS PARK, LTD. FOR ASSISTANCE FROM THE CITY OF TROY’S ECONOMIC DEVELOPMENT REVOLVING LOAN FUND PROGRAM This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kendall, Clark, Saxton, Harrah, Douglas and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Saxton, Harrah, Douglas, Baker and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-43-06 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 2007 SUPPLY OF LIME FOR THE WATER TREATMENT PLANT This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Saxton, Harrah, Douglas, Baker, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Douglas, Baker, Kendall, Clark and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-44-06 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AS DETERMNED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Baker, Kendall, Clark, Saxton and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Kendall, Clark, Saxton, Harrah and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-45-06 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AS DETERMNED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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. Clark. Yes: Kendall, Clark, Saxton, Harrah, Douglas and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Clark, Saxton, Harrah, Douglas, Baker and Kendall. No: None. RESOLUTION ADOPTED September 18, 2006 Page Three RESOLUTION NO. R-46-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT FOR THE STREET LIGHTING SERVICES FOR US ON PUBLIC GROUNDS AND STREETS IN THE CITY OF TROY, OHIO, FOR A PERIOD OF SEVENTY-TWO (72) MONTHS COMMENCING ON JANUARY 1, 2007 AND EXPIRING ON DECEMBER 31, 2012 This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Saxton, Harrah, Douglas, Baker, Kendall and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Harrah, Douglas, Baker, Kendall, Clark and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-47-06 RESOLUTION ADOPTING A 457 DEFERRED COMPENSATION PLAN FOR THE CITY OF TROY, OHIO FIREFIGHTERS AND ASSOCIATED PLAN DOCUMENTS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Baker, Kendall, Clark, Saxton and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Kendall, Clark, Saxton, Harrah and Douglas. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-29-06 AN ORDINANCE AMENDING SECTION 351.99 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO PARKING FINES This Ordinance was given first title reading on 8-21-06. Given second title reading on 9-5-06. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Saxton, Harrah, Douglas and Baker No: None. ORDINANCE ADOPTED ORDINANCE NO. O-34-06 AN AMENDED ORDINANCE AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING FENCES This Ordinance was given first title reading on 9-5-06. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Saxton, Harrah, Douglas and Kendall. No: Baker. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Harrah, Douglas, Kendall, Clark and Baker. No: None. The vote indicated adoption. The Director of Law advised that since there were not six votes in favor of suspension, the vote on suspension actually failed pasaage, the vote on adoption was not valid, and the Ordinance will proceed to a third reading. . RESOLUTION FAILED SUSPENSION September 18, 2006 Page Four ORDINANCE NO. O-35-06 ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 6.0159 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO 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: Saxton, Harrah, Douglas, Baker, Kendall and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Douglas, Baker, Kendall, Clark, and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-36-06 ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 6.0159 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO 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. Clark. Yes: Douglas, Baker, Kendall, Clark, Saxton and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Kendall, Clark, Saxton, Harrah and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-37-06 ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 6.0159 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Saxton, Harrah, Douglas and Baker. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Saxton, Harrah, Douglas, Baker and Kendall. No: None. ORDINANCE ADOPTED LINCOLN COMMUNITY CENTER UPDATE. Alan May, a member of the Lincoln Community Center Board, provided an update on the Center. Also attending were members John Poynter, Aaron Johnson, Ann May, and Sue Knight. Director Alphas Wicker also attended. Mr. May commented that the Center is well utilized by the community, it is financially operating in the red, and there are major repairs needed for the swimming pool for which a grant application is being made to ITW. Mr. May thanked the City for the support that has been provided to the Center. Mr. Clark thanked Mr. May, noted the value of Lincoln Center to the community. Mrs. Baker stated she was pleased that the grant is being sought. COMMENTS OF MAYOR. The Mayor commented as follows: - For Veterans, plans include the Veterans Day ceremonies at Riverside Cemetery and the dedication of the Junior Girls Canteen historic marker. - Trick or Treat will be held October 31. - The Park Department has been checking trees and advises that no Emerald Ash Borers are present in local trees; however, there is a contingency plan in place if the ash tree-killing insect is sighted. - As a part of the economic development priority, Development Director Jim Dando will be the City representative to a delegation to Germany, attending trade shows and visiting companies September 18, 2006 Page Five COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFEETY. Mr. Haddad commented as follows: - In October the Special Trash Collection will change to the second Tuesday of the month (from the last Tuesday). He noted that information to the public on the change will include the use of the One Call Now system. - Fire Station 2 is about 55% complete, on time, and within the allocation. - The Police Department day shift issued over 30 citations in one week at the Post Office for persons making U-turns. COMMENTS OF COUNCIL. -Mr. Harrah commented that some research has been done about trash on porches and other maintenance items he hopes that will comes before Council in legislative form.. The Park Department has been doing work to improve Trostle Park. -Mr. Kendall thanked Mr. Haddad for the work that went into the 5-year CIP meeting on 9-11 and the work of staff in addressing concerns. He noted that he understands turn lanes at SR 55 and Stonyridge should soon be installed. -Mrs. Baker noted that Meet the Candidate will be held Oct. 26. Regarding her vote on suspending the rules on O-34-06, she only voted no to give citizens more opportunity to comment. Mrs. Baker asked about the cost of the One Call Now system and using the system. -Mr. Douglas noted an email some members of Council had received on a safety issue and if the Director of Law had reviewed it. It was commented that Council Member Clark had addressed the issue with Chief Phelps. A request was made that that the administration and Director of Law receive the information. AUDIENCE COMMENTS. - Meredith Lutz, 122 E. Franklin St., on behalf of Steve Bruns, thanked Council for the overwhelming support of Troy Business Park. - Susan Campbell, 1635 McKaig Road, presented a petition. Her home based business is near Commerce Center Blvd. She asked for access to Commerce Center Blvd. due to traffic and safety. Mrs. Campbell stated the owner of the land between her property and the roadway does not wish to sell land for access. Mr. Haddad commented that there can be no direct access from her property to Commerce Center Blvd. as the record plat limits access to Commerce Center Blvd. That restriction was placed due to safety. However, the approach apron of Commerce Center Blvd. could be adjusted to allow at least 50’ from the driveway of Mrs. Campbell. Mrs. Campbell asked about the City reducing the speed limit. Mr. Haddad stated that as 67% of the roadway is in the County, the matter of speed is under the jurisdiction of the County, no change can be made without a study by the County that would meet the legally required warrants of the Ohio Manual on Uniform Traffic Control Devices, and if the warrants are met, a submittal would have to be made by the County to the State for a change. Mr. Haddad further commented that within the last year the County did a study and the reduced speed was not warranted. He understands that the County will do another study when workloads permit. As far as questions about that process, Mrs. Campbell was referred to the County. In response to a question of Mr. Dixon, Mrs. Campbell indicated speed was her main concern but it would help her if she could have access to Commerce Center Blvd. Mrs. Campbell indicated she has operated her pet grooming business for about six years, she got a variance for the business about eight-nine years ago, and she usually has four or five cars in her driveway, plus three to four client cars at a time. Mr. Dixon asked about her reference to going to County Prosecutor. Mrs. Campbell stated that was the suggestion of her attorney and that would provide for possible action against the City in case of an accident. - Todd Housek, 2718 Chatham Drive, on behalf of the Hockey Boosters, asked how that group could operate the concessions at the Troy Memorial Stadium. Mr. Dixon stated the stadium is leased to the School Board and the Board makes all decisions about concessions at that location. EXECUTIVE SESSION. A motion was made by Mrs. Saxton, seconded by Mr. Harrah, to recess into executive session to discuss negotiations with our public employees concerning their terms and conditions of employment. Motion passed by unanimous roll call vote. At 8:25 p.m. Council recessed into executive session. At 9:14 p.m. Council returned from executive session, made no further comments and adjourned. __________________ / _____________________ _________________ / _______________________ President of Council Clerk of Council |