| September 5, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 5, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Arthur D. Haddad, Interim Director of Public Service and Safety INVOCATION: An invocation was given by Council Member Harrah. MINUTES: The Clerk gave a summary of the August 21, 2006, meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mr. Harrah, seconded by Mr. Kendall, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared approving the levying of assessments for Phase IV of the Sidewalk Improvement Program. Report signed by Clark, Kendall and Douglas. Law & Ordinance Committee. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends that three pieces of legislation be prepared regarding the Westfall-Weaver Annexation of 1.2845 acres in Staunton Twp. (1540 and 1550 Troy-Sidney Road) – 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 recommends legislation be prepared to amend Section 521.07 of the Codified Ordinances regarding fences, including that new and current in-ground and above-ground swimming pools, hot tubs and spas must be secured or fenced based on depth. (Copy of report attached to original minutes.) Reports signed by Douglas, Mercer and Saxton Regarding the Fence Ordinance amendments, it was stated there will be another Committee review prior to the Ordinance being voted upon. Personnel Committee: Mr. Kendall, Chairman, reported that Committee recommends that Mark A. Douglas and Desmond Wolfe be reappointed to the Community Reinvestment Area Housing Council for terms commencing 1-1-07 and ending 12-31-09. Report signed by Clark, Harrah and Kendall. A motion was made by Mr. Clark, seconded by Mr. Kendall, to accept the report of the Personnel Committee to approve the reappointments of Mark A. Douglas and Desmond Wolfe. Yes: Baker, Clark, Harrah, Kendall, Mercer, Saxton No: None. Abstain: Douglas ` MOTION ADOPTED Audience Comments on Committee Reports and Agenda: Jeff Ballard, 300 N. Weston Road, regarding fences, stated he objected to a fence for above ground pools, retention ponds should be fenced as the City would be at fault, and insurance companies only require a locking gate to secure a pool. Mr. Mercer stated he felt some of the information in articles following the Committee discussion was not correct or may have led to some confusion. RESOLUTIONS - NONE 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. September 5, 2006 Page Two ORDINANCE NO. O-30-06 ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 1.2845 ACRES, MORE OR LESS, IN STAUNTON 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: Kendall, Saxton, Douglas, Harrah, Baker, Clark and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark Yes: Saxton, Douglas, Harrah, Baker, Clark, Mercer and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-31-06 ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 1.2845 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Harrah, Baker, Clark, Mercer, Kendall and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Baker, Clark, Mercer, Kendall, Saxton and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-06 ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.2845 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Clark, Mercer, Kendall, Saxton, Douglas and Harrah. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Mercer, Kendall, Saxton, Douglas, Harrah and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-33-06 ORDINANCE LEVYING FINAL ASSESSMENTS FOR PHASE IV OF THE SIDEWALK IMPROVEMENT PROGRAM This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Kendall, Saxton, Douglas, Harrah, Baker and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Saxton, Douglas, Harrah, Baker, Clark and Mercer.. No: None. ORDINANCE ADOPTED September 5, 2006 Page Three ORDINANCE NO. O-34-06 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. COMMENTS OF MAYOR. The Mayor noted that the Troy Civic Band completed their summer outdoor season on September 4 and that the City also hosted the US Air Force Band of Flight in concert on September 3. COMMENTS OF COUNCIL PRESIDENT. Mr. Lohrer stated he commended Council for talking via e-mail about concerns on the proposed fence ordinance. COMMENTS OF COUNCIL. - Mr. Harrah asked about criteria for a 4-way stop, noting concerns at Crawford and Canal near Forest School. Mr. Haddad stated he would have the area checked, noting that the requirements of the Uniform Traffic Control Manual must be followed or a sign may not be enforceable. - Mr. Kendall expressed appreciation for a sidewalk area on Staunton Road being removed. - Mr. Douglas commented that recently some members of Council, the Mayor and Director of Law participated in an MCD Kayak Trip on the Miami River, and he felt this was very much worth the time. - Mr. Mercer commented that at the Post Office he observes u-turns on a daily basis. He asked if there could be increased police presence at the location to help deter the activity. - Mr. Mercer asked for update on Service Director search. The Mayor stated the application deadline is the end of the week, 40 resumes have been submitted to the executive search firm to date, after the deadline the search firm representative will meet with City representatives. - Mrs. Baker noted that Piqua had replaced a bridge with Piqua only responsible for historic aesthetics, and how that may correspond to the planned replacement of the Adams Street Bridge in Troy. Mr. Haddad commented that the design was as a conventional bridge, there is façade on sides to look like the original design, and Piqua paid less than $1 Million out of the total cost (about $4 Million). Mr. Haddad commented that the Adams Street Bridge will cost substantially more due to commodity cost increases, and the City’s share will be significantly more for the aesthetic design. Troy’s staff is working closely with the County Engineer’s Office. Mr. Haddad stated that he has discussed with staff that an 18 month construction period needs to be worked out to only impact one Strawberry Festival. He stated this will take a lot of effort and coordination by staff. He also noted that work has not started on design yet. Mrs. Saxton commented that citizens are starting to express concern about the traffic impact with only the N. Market Street bridge available when the Adams Street Bridge is closed. - Mr. Clark also stated he enjoyed the kayak trip. The said those involved felt the river is an under utilized resource. Mr. Clark thanked Mr. Mercer and the other landscape companies that volunteer in Operation Cloverleaf. He suggested there be more of a police presence at school zones. CITIZEN COMMENTS. Jeff Ballard, 300 N. Weston Road, stated he feels Weston Road has traffic safety concerns, especially for left turns, and suggested the road be closed for left turns. Council members discussed this. Mr. Haddad stated the area will be reviewed. There being no further business, the meeting adjourned at 7:55 p.m. _________________/s/_______________ _________________/s/___________________ President of Council Clerk of Council |