(return to 2007 Minutes)

April 16, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, April 16, 2007 at 7:00 p.m. in Council Chambers.

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

Presiding Officer: William H. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
Richard L. Cultice, Auditor

MOMENT OF SILENCE was observed for the 32 persons killed in a massacre at Virginia Tech on April 16.
INVOCATION: An invocation was given by Council Member Harrah.

INTRODUCTIONS
-New Firefighter Dale Thompson was introduced.
-Park Superintendent Tim Mercer introduced Park Department staff members: recently promoted Foreman/Forester, newly appointed laborer Larry Shepherd, and newly promoted light equipment operator Ken Crabtree.

PUBLIC HEARINGS: At 7:08 p.m., Mr. Lohrer declared open the pubic hearing on Ordinance No. O-26-2007, the rezoning of part of OL 192. There were no comments in this regard and at 7:09 p.m. Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the April 2, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Douglas, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
LAW AND ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows:
1) Committee recommends the rezoning included in Ordinance No. O-22-2007 be approved.
2) Committee recommends legislation be prepared to approve the following annexations:
o Staunton Grange Annexation, 1.005 acres in Staunton Township at 1530 North Market Street.
o Grace Baptist Church Annexation, 1.5286 acres located in Staunton Township at 1504 N. Market Street.
o Curtis & Susan Campbell Annexation, 0.5050 acres located in Concord Township at 1635 McKaig Road.
3) Committee recommends legislation be prepared to approve the application of Evelyn Sheafer to have 83.177 acres at 2372 Washington Road placed in an Agriculture District for taxing purposes, noting that applications for the designation have to be submitted every five years.
Reports signed by Douglas, Mercer and Saxton.

Mrs. Saxton gave the oral report of notice of the following liquor permit applications:
1) Transfer of existing D-5 permit from the name of Tokyo Peking, 3 N. Market, to Uncle Monkey’s LLC,
dba Uncle Monkeys at 934 N. Market St.
2) New C-1 permit for Angela Crespo, dba Cork N Vine, 1737 W. Main Street

UTILITIES COMMITTEE. Mrs., Baker, Chairman, reported as follows:
1) Committee recommends emergency legislation be prepared to approve contracts for the emergency repairs of the drive units of one of the Water Plant clarifiers at a total cost not to exceed $122,945.
Discussion. Mrs. Saxton asked about the average life of the drive units. It was stated that the manufacturer indicates a seven-year life, with the one failed being in service at least eight years.
2) Committee had again met with representatives of the Healthy Teeth for Troy Committee, that Committee will be starting an initiative petition process to have on the November ballot the matter of adding fluoride to Troy’s water, no action in this regard is required of Council. If this becomes a ballot issue, Committee urges residents to review information on this subject so that an informed decision can be made.
Reports signed by Harrah, Mercer and Baker.
Discussion. Mrs. Baker stated that the Health Department did provide sample packets that they distribute regarding dental care, with the packets based on the age of the child.

April 16, 2007 Page Two


CITIZEN COMMENTS ON COMMITTEE REPORTS OR AGENDA ITEMS. – none.

RESOLUTION NO. R-16-2007
RESOLUTION APPROVING APPLICATION OF EVELYN SHEAFER TO PLACE LAND IN AGRICULTURAL DISTRICT

This Resolution was given first title reading.

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


RESOLUTION NO. R-17-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO VARIOUS AGREEMENTS CONCERNING REPAIRS TO THE CLARIFIER AT THE WATER TREATMENT PLANT AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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


ORDINANCE NO. O-22-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 6506, 6507, 6509 AND 5989 AND PART OF OUTLOT 438 IN THE CITY OF TROY, OHIO FROM R-7, MULIPLE-FAMILY RESIDENCE DISTRICT TO B-2, GENERAL BUSINESS DISTRICT

This Ordinance was given first title reading on April 2. 2007.
Given second title reading.

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

ORDINANCE NO. O-23-2007
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.005 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

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

April 16, 2007 Page Three


ORDINANCE NO. O-24-2007
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.5286 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, TO THE CITY OF TROY, OHIO

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


ORDINANCE NO. O-25-2007
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 0.5050 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, TO THE CITY OF TROY, OHIO

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

ORDINANCE NO. O-26-2007
AN ORDINANCE CHANGING ZONING FOR OUTLOT 192, LOCATED IN THE CITY OF TROY, OHIO, FROM COUNTY R-5, SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-2, GENERAL BUSINESS DISTRICT

This Ordinance was given first title reading.

COMMENTS OF THE MAYOR. The Mayor commented as follows:
-He will be submitting for Council consideration appointments to the City Beautification Committee to fill vacancies on that committee.
-There are two events the evening of April 20 – the Strawberry Festival Queen Contest and a Hobart Arena concert by the Dayton Philharmonic Youth Orchestra.
-DARE graduations will be April 23, 7 p.m. at Troy High School for Troy City Schools; May 24, 7 p.m. at Troy Christian Elementary for that school.
-The annual Arbor Day Celebration will take place on April 27.
-On April 28, Fire Station No. 2 will be dedicated, followed by an open house.


COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
-The Ohio EPA performed an inspection of the Water Plant and it was found to be in excellent shape. The staff should be commended for their excellent care of the facility and the water system.
- Regarding the Wasserman Building (Main and Walnut with partial roof collapse), Walnut Street has continued to be blocked off for safety reasons. The contractor has indicated more work should soon be performed on the building. The City has not been satisfied with the speed of which the building owners are pursuing their obligation to repair the structure and the City will be in contact with the property owner regarding their responsibility regarding this building. Walnut Street will be open when it is safe to do so.
-To respond to items suggested at the prior meeting:
1) The request of the local veterans’ organizations to place small flags in the green space around the fountain on three holidays will be discussed with the Board of Park Commissioners on May 8.
2) Regarding a suggestion that the Ordinances be changed to trigger a high grass violation at less than 10”, an initial survey of nine area communities shows that average violation is set at just under 10”. A more extensive survey is being performed and the survey results will be provided to Council.

April 16, 2007 Page Four


COMMENTS OF THE PRESIDENT OF COUNCIL.
Mr. Lohrer noted that he participated in the recognition of Mr. Bob Weidner, an educator at Troy Christian School, who was honored for his 50 years as a teacher.


COMMENTS OF COUNCIL MEMBERS:
-Mr. Clark stated he has heard positive comments about the Police Dept, Bike Patrol being out.
-Mr. Harrah asked if the EPA had set a time frame for the City to have new wells 20 and 21 on line. Mr. Titterington advised that EPA only encouraged this project. He further commented that the cost of two new wells would be about $375,000, the project is in the 2009 CIP, and he plans to see if the budget would allow this project to be accelerated into the 2008 budget.
-Mr. Harrah asked if the storm sewers in the 800 block of S. Walnut Street could be looked at as he has a report that the sewers are not properly functioning.
-Mrs. Baker noted that “meet the candidate” will be held at 7:30 p.m. on April 26 at the Troy Jr. High cafeteria.

AUDIENCE COMMENTS:
-Tom Cooney, Chairman of the 2007 Strawberry Festival, commented that he feels the levee is in good shape for the festival and he appreciates the improvement of the levee area (electrical and waterline upgrades). He reported that there has been an overwhelming response from the arts and crafts vendors and from the clubs and organizations to participate in the festival. He further noted that 241 teams will be participating in the Strawberry Festival Soccer Tournament the weekend of May 18, 19 and 20.




There being no further business, the meeting adjourned at 7:53 p.m.





__________________/s/______________________ _____________________/s/______________________
 President of Council                                              Clerk of Council