(return to 2007 Minutes)

July 2, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, July 2, 2007 at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Harrah, Kendall, Mercer, and Saxton.
Upon motion of Mrs. Saxton, seconded by Mr. Clark, Mr. Douglas 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
Richard L. Cultice, Auditor

INVOCATION: An invocation was given by Council President Lohrer.

PUBLIC HEARING. At 7:02 p.m., Mr. Lohrer declared open a public hearing on R-28-2007, the tax budget for FY Jan. 1, 2008. There were no comments in this regard and at 7:03 p.m., Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the June 18, 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. Kendall, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
LAW & ORDINANCE COMMITTEE:
Mrs. Saxton, Chairman, reported as follows:
1. Committee recommends legislation be prepared accepting the final plat of Stonebridge Estates Phase 5 and the dedication of right-of-way within the plat.
2. Committee recommends Ordinances Numbers O-41-2007, O-42-2007, O-43-2007, O-44-2007, O-45-2007, O-46-2007, O-47-2007, and O-48-2007, be approved. These Ordinances are the rezoning of annexed parcels from County zoning to City zoning.
Report signed by Mercer and Saxton.

PERSONNEL COMMITTEE:
Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared to authorize the Director of Public Service and Safety to enter into an agreement with the firm of Denlinger, Rosenthal and Greenberg for legal counsel for human resources issues at a cost not to exceed $35,000 for 2007.
Report signed by Clark, Harrah and Kendall.

Citizen comments on Committee Reports or Agenda – None

RESOLUTION NO. R-28-2007
RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Harrah moved for suspension of the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Saxton, Kendall, Baker, Mercer, Harrah and Clark.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall.
Yes: Kendall, Baker, Mercer, Harrah, Clark and Saxton.
No: None. RESOLUTION ADOPTED

July 2, 2007 Page Two

RESOLUTION NO. R-29-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EMPLOY LEGAL COUNSEL

This Resolution was given first title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Baker, Mercer, Harrah, Clark, Saxton and Kendall.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker.
Yes: Mercer, Harrah, Clark, Saxton, Kendall and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-30-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN APPLICATION FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Harrah, Clark, Saxton, Kendall, Baker and Mercer.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall.
Yes: Clark, Saxton, Kendall, Baker, Mercer and Harrah.
No: None. RESOLUTION ADOPTED


RESOLUTION IN MEMORIAM, CHARLES J. DOYLE, 1949-2007, was read and approved by unanimous roll call vote. At the time of his death, Mr. Doyle had served on the Troy Planning Commission since 1979, was Chairman of the Commission from December 1980 through December 2004, had been a member of the Board of Zoning Appeals since June 1992, and a member of the Miami County Planning Commission since April 1992.
Upon motion of Mrs. Saxton, seconded by Mr. Clark, the Resolution in Memoriam was approved by unanimous roll call vote.
Council observed a moment of silence in honor and memory of Charles J. Doyle.


ORDINANCE NO. O-41-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9894 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mrs. Saxton moved for suspension of the rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Kendall, Baker, Mercer, Harrah, Clark and Saxton.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Baker, Mercer, Harrah, Clark, Saxton and Kendall.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-42-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9270 IN THE CITY OF TROY, OHIO FROM COUNTY ZONING A-2, GENERAL AGRICULTURAL, TO CITY ZONING A, AGRICULTURAL DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

July 2, 2007 Page Three


Mr. Harrah moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Mercer, Harrah, Clark, Saxton, Kendall and Baker.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah.
Yes: Harrah, Clark, Saxton, Kendall, Baker and Mercer.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-43-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9893 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-2, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Clark, Saxton, Kendall, Baker, Mercer and Harrah.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark.
Yes: Saxton, Kendall, Baker, Mercer, Harrah and Clark.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-44-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9303 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.


Mr. Harrah moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Kendall, Baker, Mercer, Harrah, Clark and Saxton.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Baker, Mercer, Harrah, Clark, Saxton and Kendall.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-45-2007
ORDINANCE CHANGING THE ZONING OF INLOT 10152 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1A, ONE-FAMILY RESIDENTIAL DISTRICT, TO CITY ZONING OF R-4, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Mercer, Harrah, Clark, Saxton, Kendall and Baker.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall.
Yes: Harrah, Clark, Saxton, Kendall, Baker and Mercer.
No: None. ORDINANCE ADOPTED




July 2, 2007 Page Four


ORDINANCE NO. O-46-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 9305, 9306, AND 9308-9321 IN THE CITY OF TROY OHIO FROM COUNTY ZONING F-1, FLOOD PLAIN, I-2, HEAVY INDUSTRIAL DISTRICT, AND A-2, GENERAL AGRICULTURAL DISTRICT, TO CITY ZONING OF M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mrs. Saxton moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Clark, Saxton, Kendall, Baker, Mercer and Harrah.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Clark.
Yes: Saxton, Kendall, Baker, Mercer, Harrah and Clark.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-47-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 9326-9342 IN THE CITY OF TROY OHIO FROM COUNTY ZONING A-2, GENERAL AGRICULTURAL DISTRICT, R-1AAA, ONE FAMILY RESIDENTIAL DISTRICT, R-1C, ONE FAMILY RESIDENTIAL DISTRICT, I-2, HEAVY INDUSTRIAL DISTRICT, AND A-2, GENERAL AGRICULTURAL DISTRICT TO CITY ZONING OF R-1, SINGLE-FAMILY RESIDENCE DISTRICT, R-5, SINGLE-FAMILY RESIDENCE DISTRICT, M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mr. Harrah moved for suspension of the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Kendall, Baker, Mercer, Harrah, Clark and Saxton.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Baker, Mercer, Harrah, Clark, Saxton and Kendall.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-48-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 10120 AND 10121 IN THE CITY OF TROY OHIO FROM COUNTY ZONING R-1AAA, ONE-FAMILY RESIDENTIAL DISTRICT TO CITY ZONING OF R-4, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given public hearing and first title reading on June 18, 2007.
Given second title reading.

Mr. Clark moved for suspension of the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Mercer, Harrah, Clark, Saxton, Kendall and Baker.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Harrah, Clark, Saxton, Kendall, Baker and Mercer.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-48-2007
AN ORDINANCE ACCEPTING THE FINAL PLAT OF STONEBRIDGE ESTATES PHASE 5 AND DEDICATING RIGHT OF WAY IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

Mrs. Saxton moved for suspension of the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Clark, Saxton, Kendall, Baker, Mercer and Harrah.
No: None.

July 2, 2007 Page Five



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


COMMENTS OF THE MAYOR. Mayor Beamish commented an outstanding fireworks show has been planned for July 4, and other celebrations as well.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
- At the prior meeting, Mr. Mercer asked about an unfinished handicap ramp and that is now finished.
- At the prior meeting, Mrs. Baker asked about truck parking behind Marsh Market (N. Market Street) and the Police Chief is discussing the parking issue with the property owner.
- At a recent meeting, there was a request for a four-way stop at Canal and Oxford. Traffic counts have been performed and the traffic shows the current two-way sign is appropriate and the warrants cannot be met to justify the four-way stop designation.
- Public Works Director Steve Leffel and the staff of the Wastewater Treatment Plant are to be congratulated for being one of two plants in the state to receive the OWEA 2007 Facility Image Award in recognition of the plant’s cleanliness and excellent maintenance.

COMMENTS OF COUNCIL MEMBERS:
- Mrs. Baker stated appreciation for a report on commercial and industrial activity being included in Council’s packet. She also expressed appreciation of the Troy Foundation funding a portable restroom facility to be used at the many events held downtown and at other locations.
- Mr. Mercer suggested that the 2008 budget include finishing the sidewalk on both sides of the I-75 overpass.
- Mr. Kendall stated the GOBA visit to Troy June 18-19 was a success for the GOBA participants and the community. He stated over 200 persons volunteered to assist the approximately 3,000 participants. It is hoped GOBA will return to Troy again in the 3-4 year period.
- Mr. Harrah asked for an update on sidewalks for the Nashville Road/SR 55 area.
- Mr. Clark commented that a new facility, such as a portable restroom, involves a great deal of time and effort before the citizens actually see the new facility or item.


CITIZEN COMMENTS.
Tom Kirkham provide an update on the planned 2007 Night Out activities. This event is set for August 7. Over 7,500 persons are expected to participate in the fun filled evening which is free to the public.

John Knauer, 1098 Dickerson Drive, presented a petition signed by a number of citizens objecting to the proposed bridge/roadway connection between the Southview and Pleasantview Estates subdivisions, stating that the connection will result in increased traffic for both subdivisions.

Mike Burkholder, 465 W. Staunton Road, stated he objects to a proposed three-year moratorium on certain residential development and stated he feels what is needed is a completely new comprehensive plan that reflects the opinion of citizens.

EXECUTIVE SESSION. A motion was made by Mr. Clark, seconded by Mr. Harrah, to recess into Executive Session to consider the purchase of property for a public purpose. Motion passed by unanimous roll call vote.
At 7:59 p.m. Council recessed into Executive Session.
At 8:15 p.m. Council returned from Executive Session, made no further comment, and the meeting was adjourned at 8:16 p.m.


_________________/s/_______________________ _____________________/s/______________________
President of Council                                                 Clerk of Council