February 5, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday February 5, 2007 at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall and Mercer.
Upon motion of Mr. Mercer, seconded by Mr. Douglas, Mrs. Saxton was excused from this meeting by unanimous roll call vote.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
W. McGregor Dixon, Jr., Director of Law

INVOCATION: An invocation was given by Council Member Baker.

EXECUTIVE SESSION. A motion was made by Mr. Mercer, seconded by Mr. Douglas, to recess into Executive Session to discuss negotiations with our public employees concerning their terms and conditions of employment. Motion approved by unanimous roll call vote.
Council recessed into executive session at 7:03 p.m.
At 7:12 p.m., Council returned from executive session.

AMENDING AGENDA. A motion was made by Mr. Kendall, seconded by Mr. Clark, that the agenda be amended to add Resolution No. R-3-2007. Motion passed by unanimous roll call vote.

MINUTES: The Director of Law gave a summary of the minutes of the January 16 meeting of Troy City Council. There were no corrections or additions to those minutes. A motion was made by Mr. Harrah, seconded by Mr. Douglas, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
LAW & ORDINANCE COMMITTEE. Mr. Douglas and Mr. Mercer reported as follows:
1) Regarding O-9-2007, the Honey Creek PD, Committee met following the public hearing. Committee anticipates that the developer is scheduling a public meeting for the developer to discuss the development with the public. Committee would meet again after that meeting.
2) Committee recommends legislation be prepared regarding the Neal Farms, Inc. Annexation (105 acres in Concord Twp.) with the legislation presented as emergency measures approving the statement of municipal services, the statement of buffering if required, and consent.
3) Committee had reviewed an Ordinance conflict regarding Junked Vehicle Parking. Section 345.09 of the CO prohibits the parking of a motor vehicle or trailer/recreation vehicle on any non-parking or non-driveway of the lawn of any residential area. Section 1000.12740(I) of the CO (zoning code) permits such parking as long as the ground under and around the vehicle is maintained in a manner that does not constitute any other Ordinance violation. To have consistency on this matter, Committee recommended that Section 345.09 of the CO be amended to not prohibit the parking of a motor vehicle or trailer/recreation vehicle on any non-parking or non-driveway of the lawn of any residential or multi-family zoned lot.
4) Committee recommends legislation be prepared to provide an easement to Troy Business Park, LLC that will permit the placement of a fence and development identification within the right-of-way of Link Circle.
Reports signed by Douglas and Mercer.
5) Regarding the total number of TREX Liquor Permits that may be approved, the majority of the Committee recommended that legislation be prepared to set that number at two. Majority recommendation signed by Douglas and Mercer.
The minority of the Committee recommended that legislation be prepared to set that number at one.
Minority recommendation signed by Saxton.

PERSONNEL COMMITTEE. Mr. Kendall, Chairman, reported that Committee recommends Council approve the Mayor’s reappointments of Virginia Bazler, Larry Salyer and Patricia Chavis to the Board of Zoning Appeals (BZA) for 5-year terms ending 12-31-2011; and the Mayor’s appointment of Beverly Curtin to the Economic Development Revolving Loan Fund (ED RLF) Committee for a 4-year term ending 12-31-2010.
Report signed by Clark, Harrah and Kendall.

February 5, 2007 Page Two

Upon motion of Mr. Kendall, seconded by Mr. Clark, the reappointments of Virginia Bazler, Larry Salyer and Patricia Chavis to the BZA were approved by unanimous roll call vote.
Upon motion of Mr. Clark, seconded by Mr. Harrah, the appointment of Beverly Curtin to the ED RLF was approved by unanimous roll call vote.

Audience Comments on Committee Reports and Agenda – None

RESOLUTION NO. R-3-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE F.O.P. OHIO LABOR COUNCIL, INC. FULL-TIME CLERKS AND CUSTODIAN OF THE TROY POLICE DEPARTMENT, AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Harrah
Yes: Baker, Clark, Douglas, Harrah, Kendall and Mercer.
No: None
Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas.
Yes: Clark, Douglas, Harrah, Kendall, Mercer and Baker.
No: None. RESOLUTION ADOPTED


ORDINANCE NO. O-2-2007
AN ORDINANCE AMENDING SECTIONS 1000.12970(I), 1000.13170(O), 1000.13170(U), AND 1000.14810 TABLE S-2 OF THE CITY OF TROY, OHIO ZONING CODE REGARDING PARKING AND SIGNS

This Ordinance was given a public hearing and first title reading on January 2, 2007.
Given second title reading on January 16, 2007.
Given third title reading.

Mr. Harrah armoved for adoption. Motion seconded by Mr. Kendall.
Yes: Douglas, Harrah, Kendall, Mercer, Baker and Clark.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-9-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY FROM COUNTY A-1 ZONING AND ADOPTING A PLANNED DEVELOPMENT

This Ordinance was given public hearing and first title reading on January 16, 2007.
Given second title reading.


ORDINANCE NO. O-11-2007
ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 105 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Harrah, Kendall, Mercer, Baker, Clark and Douglas.
No: None
Mr. Harrah moved for adoption. Motion seconded by Mr. Mercer.
Yes: Kendall, Mercer, Baker, Clark, Douglas and Harrah.
No: None. ORDINANCE ADOPTED

February 5, 2007 Page Three

ORDINANCE NO. O-12-2007
ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 105 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, IN THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Kendall to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Mercer, Baker, Clark, Douglas, Harrah and Kendall.
No: None
Mr. Harrah moved for adoption. Motion seconded by Mr. Clark.
Yes: Baker, Clark, Douglas, Harrah, Kendall and Mercer.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-13-2007
ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 105 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, TO THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Clark, Douglas, Harrah, Kendall, Mercer and Baker.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah.
Yes: Douglas, Harrah, Kendall, Mercer, Baker and Clark.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-14-2007
ORDINANCE RESTRICTING AN ADDITONAL NUMBER OF LIQUOR PERMITS IN THE CIITY OF TROY ALLOWED BY THE STATE LIQUOR CONTROL COMMISSION QUOTA SYSTEM

This Ordinance was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Harrah, Kendall, Mercer, Baker, Clark and Douglas.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker.
Yes: Kendall, Mercer, Baker, Clark and Douglas.
No: Harrah. ORDINANCE ADOPTED


ORDINANCE NO. O-15-2007
ORDINANCE AMENDING SECTION 345.09(a) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY REGARDING PARKING OF TRAILERS ON LAWNS

This Ordinance was given first title reading.


ORDINANCE NO. O-16-2007
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO GRANT AN EASEMENT TO TROY BUSINESS PARK, LLC FOR THE ERECTION OF A FENCE AND AN IDENTIFICATION SIGN INSIDE THE RIGHT-OF-WAY OF LINK CIRCLE IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.


February 5, 2007 Page Four


A motion was made by Mrs. Baker to suspend the rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Mercer, Baker, Clark, Douglas, Harrah and Kendall.
No: None
Mr. Clark moved for adoption. Motion seconded by Mr. Kendall.
Yes: Baker, Clark, Douglas, Harrah, Kendall and Mercer.
No: None. ORDINANCE ADOPTED


COMMENTS OF THE MAYOR.
The Mayor thanked council for confirming his appointments. He also noted that in the items of interest, three retirees were listed who had over 100 years combined service to the City. The Mayor also announced that in the spring, "Sculptures on the Square" will be returning to the City.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFEETY.
Mr. Titterington commented that recently the Planning Department, in response to Council’s goal regarding property maintenance, had performed a sweep of the City. The goal is to beautify the City and help property owners improve the value of their properties. Over 1,000 letters had been sent to property owners advising of property maintenance violations and asking those property owners to advise the City by March 31 regarding when they would be able to be in compliance. He noted that the letters did not require immediate action, but only comment back from the residents to discuss the issues. The City will follow up if there is no response to a letter. The Director also noted that this is not likely to be an annual effort.

COUNCIL COMMENTS.
-Mr. Harrah thanked staff for preparing an RFP associated with televising of meetings.
-Mr. Kendall congratulated the retirees.
-Mrs. Baker commented about the status of the sidewalk program, and requested an update on the City's plan for sidewalks in areas that do not contain them.


There being no further business, the meeting adjourned at 7:51 p.m.

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 President of Council                                           Clerk of Council