September 17, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, September 17, 2007 at 7:00 p.m. in Council Chambers.

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

INVOCATION: An invocation was given by Council Member Harrah.

MINUTES: The Clerk gave a summary of the minutes of the September 4, 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:
FINANCE COMMITTEE.
Mr. Mercer, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared to accept the rates of tax to be levied on the general duplicates for 2007 for collection in 2008 for properties in both the
Troy School District and the Miami East School District.
2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with A&A Safety for safety equipment (barricades, signs and lights) placed around the Wasserman Building (Main & Walnut Streets) following the collapse of the roof on that building at a total cost not to exceed $36,600. It was commented that by law the City will be able to recoup the expenditure made to secure the area. It was further recommended that the legislation be presented as an emergency measure so that payments to the vendor can be made without delay.
Reports signed by Douglas, Kendall and Mercer.

LAW & ORDINANCE COMMITTEE:
Mr. Douglas reported as follows: 1) Committee recommends Ordinance No. O-58-2007 be approved to rezone IL 4715 at 94 Foss Way from B-2 to M-2 zoning.
2) Committee recommends Ordinance Number O-57-2007 be approved to establish the City zoning of M-2 for Inlots 10158 and 10159, the land known as the Neal Annexation, located along the East side of Experiment Farm Road.
3) Committee recommends Ordinance No. O-51-2007 regarding changeable copy signs be postponed indefinitely and the matter be referred back to the Planning Commission to consider more flexibility of these advertising signs, including suggestions in a communication from the Director of Public Service & Safety, and that the Planning Commission also consider other colors for the changeable feature, including red.
Reports signed by Douglas and Mercer.
A motion was made by Mr. Harrah, seconded by Mr. Clark, to accept the September 11, 2007 report of the Law & Ordinance Committee regarding Changeable Copy Signs. Motion passed by unanimous roll call vote.

SAFETY & HEALTH COMMITTEE:
Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Miami County and the Cities of Piqua and Tipp City for the hiring of a part-time County-wide Hazmat Coordinator at a cost of $21,000. The Miami County Clerk of Courts will fund the position for 2007 through 2009 and the City of Troy would have a 37.84% share of the cost, or $8,000, starting in 2010. The cost share is based on the emergency hazardous sites reporting within the County. The Agreement will provide for participants to withdraw should any feel the arrangement is not working.
Report signed Baker and Harrah.
Discussion. In response to a question of Mr. Mercer, Chief Boehringer stated that Miami County pays for maintenance costs of the hazmat vehicle and Troy on-duty firefighters stock and look after the vehicle.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None.


September 17, 2007 Page Two


RESOLUTION NO. R-40-2007
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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. Douglas.
Yes: Baker, Kendall, Mercer, Clark, Douglas and Harrah.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mrs. Baker.
Yes: Kendall, Mercer, Clark, Douglas, Harrah and Baker.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-41-2007
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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. Harrah.
Yes: Mercer, Clark, Douglas, Harrah, Baker and Kendall.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mrs. Baker.
Yes: Clark, Douglas, Harrah, Baker, Kendall and Mercer.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-42-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF PIQUA, OHIO, CITY OF TIPP CITY, OHIO, COUNTY OF MIAMI CLERK OF COURTS AND MIAMI COUNTY BOARD OF COMMISSIONERS FOR THE PURPOSES OF FUNDING A HAZARDOUS MATERIALS COORDINATOR POSITION

This Resolution was given first title reading.

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

RESOLUTON NO. R-43-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH A&A SAFETY FOR RENTAL OF SAFETY EQUIPMENT 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. Douglas.
Yes: Baker, Kendall, Mercer, Clark, Douglas and Harrah.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall
Yes: Kendall, Mercer, Clark, Douglas, Harrah and Baker.
No: None. RESOLUTION ADOPTED
September 17, 2007 Page Three

ORDINANCE NO. O-50-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9304 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1, DOMESTIC AGRICULTURE DISTRICT, AND A-2, GENERAL AGRICULTURE DISTRICT, AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT

This Ordinance was given first title reading on July 16, 2007.
Given public hearing and second title reading on August 6, 2007.
Given third title reading on September 4, 2007.
Given fourth title reading.


ORDINANCE NO. O-51-2007
AN AMENDED ORDINANCE AMENDING SECTION 1000.13179 (E) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CHANGEABLE COPY SIGNS.

This Ordinance was given first title reading on July 16, 2007.
Given public hearing and second title reading on August 6, 2007.
Given third title reading on September 4, 2007
Given fourth title reading.

A motion was made by Mr. Douglas, seconded by Mr. Kendall, that O-51-2007 be postponed indefinitely.
Yes: Mercer, Clark, Douglas, Harrah, Baker and Kendall.
No: None. MOTION PASSED


ORDINANCE NO. O-57-2007
ORDINANCE CHANGING THE ZONING OF INLOTS 10158 AND 10159 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-2, GENERAL AGRICULTURE, TO CITY ZONING M-2, LIGHT INDUSTRIAL DISTRICT

This Ordinance was given first title reading on August 6, 2007.
Given public hearing and second title reading on September 4, 2007.
Given third title reading.

Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas.
Yes: Clark, Douglas, Harrah, Baker, Kendall and Mercer.
No: None. ORDINANCE ADOPTED
ORDINANCE NO. O-58-2007
ORDINANCE CHANGING THE ZONING OF INLOT 4715 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT, TO B-4, HIGHWAY SERVICE BUSINESS DISTRICT

This Ordinance was given first title reading on August 6, 2007.
Given public hearing and second title reading on September 4, 2007.
Given third title reading.

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


ORDINANCE NO. O-60-2007
ORDINANCE AMENDING ORDINANCE NO. O-47-06, AS AMEMDED BY ORDINANCE NUMBERS O-27-2007 AND O-29-2007, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2007 AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.


September 17, 2007 Page Four


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

ORDINANCE NO. O-61-2007
ORDINANCE ACCEPTING THE FINAL PLAT OF PLEASANT VIEW ESTATES SECTION FOUR IN THE CITY OF TROY, OHIO, AND DEDICATING RIGHT-OF-WAY

This Ordinance was given first title reading.


COMMENTS OF THE MAYOR.
Mayor Beamish commented that on September 12 he was honored to host area Mayors and City Managers at a meeting in Troy and the attendees enjoyed seeing downtown Troy. He also commented that Sen. Brown was in Troy on September 17 to meet with community leaders

COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY.
Mr. Titterington stated there was a comment at the prior meeting about a corporation sign that may not have been in the correct location and that sign has been properly located. He also stated that signs on Walker Street (noted at the prior meeting) have been placed.

COMMENTS OF MEMBERS OF COUNCIL:
-Mr. Harrah stated he appreciated the Walker Street signs being placed.
-Mr. Mercer thanked staff for the Pleasant View information.
-Mrs. Baker commented that she observed a recent DUI check point and was pleased to see the State and City cooperation on this.

CITIZEN COMMENTS.
-Elmer Jordan, 2586 S Brookview Road, commented that: he has heard comments that Troy is a friendly community; he is concerned that cyclists go the wrong way at night; and he would like to see the City purchase Miami-Erie Canal Lock 13 to preserve it and have green space, possibly seeking grants for the preservation costs; he appreciates the WACO field on 25A but that is not the historic location of WACO and he would like the City to preserve and identify the historic location. Mr. Harrah stated that the Historical Society is working on placing a number of signs and the original WACO site is one location under consideration for a sign.
-Jane Marker, 2575 Peebles Rd., asked about the meaning of the delay of voting on the Summerfield PD (O-50-2007). Mr. Douglas stated that the developer has asked to include in the legislation a condition that the developer will not take any action to build on the site for three years, and Committee will be meeting to consider this request. Mrs. Marker stated concern that citizens would not have an opportunity to place a referendum on the Ordinance and stated there will be a referendum on the proposed Summerfield Development.
-Lester Conard, 1210 S. Clay, stated he read an article in the paper about the stadium and was shocked to see that so much money is needed for more repairs after the money that had been spent on the project. Mr. Lohrer commented that the seating is the main item of issue and was last worked on in 1995.


There being no further business, the meeting adjourned at 8:10 p.m.



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Clerk of Council President of Council