| November 5, 2001 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 5, 2001, at 7:30 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins , Mayor N. Lawrence Wolke, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION: Rev. Wesley McCoy, Agape Ministries, gave an invocation. INTRODUCTION: Jerry Mullins, recently appointed Foreman of the Street Division, was introduced. The Clerk gave a summary of the October 15, 2001, minutes of Council. There were no corrections or additions to these minutes. Upon motion of Mr. Beamish, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared accepting the report of the Assessment Equalization Board for the estimated assessments for Phase II of the downtown sidewalk program. Report signed by Howe, Saxton and Baker. FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to contract with Rozzi's Famous Fireworks for the 7-4-02 fireworks at a cost not to exceed $28,000. Report signed by Douglas, Mercer and Beamish. LAW & ORDINANCE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the standard statement of services for the Holter Annexation (59.533 acres, Concord Twp.) 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the Ohio Historic Preservation Office to permit the City to perform certain historic building reviews associated with federal and state funding, which would expedite the application process under certain circumstances. Reports signed by Mercer, Saxton and Douglas. RESOLUTION NO. R-51-01 RESOLUTION APPROVING REPORT OF ASSESSMENT EQUALIZATION BOARD This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Howe, Mercer, Baker, Saxton, Bretland, Douglas and Beamish. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Baker, Saxton, Bretland, Douglas, Beamish and Howe. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-52-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH ROZZI'S FAMOUS FIREWORKS This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Baker, Saxton, Bretland, Douglas, Beamish, Howe and Mercer. No: None. 11-5-01 page 2 Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Saxton, Bretland, Douglas, Beamish, Howe, Mercer and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-53-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ENTER INTO A COORDINATION AGREEMENT WITH THE OHIO HISTORIC PRESERVATION OFFICE (OHPO) FOR THE REVIEW OF PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS This Resolution was given first title reading. Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Bretland, Douglas, Beamish, Howe, Mercer, Baker and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Howe. Yes: Douglas, Beamish, Howe, Mercer, Baker, Saxton and Bretland. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-13-01 ORDINANCE CHANGING ZONING FOR A 23.383 ACRE PARCEL LOCATED IN CONCORD TOWNSHIP IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO R-7, MULTIPLE DWELLING DISTRICT This Ordinance was given first title reading on 6-4-01. Given public hearing and second title reading on 6-18-01. Given third title reading on 7-2-01. Given fourth title reading on 7-16-01. (While a vote for adoption was called on 7-16-01 [with a tie vote by 6 members present broken by a yea vote by the Council President] with the legislation presumed adopted, a referendum petition was later filed. As the exhibit as not part of the Ordinance when the vote was taken, the Director of Law ruled that the vote was not valid and the Ordinance should now continue to be read and voted on after another public hearing was conducted.) Given fifth title reading. ORDINANCE NO. O-27-01 ORDINANCE AMENDING SECTION 933.21 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING GOLF COURSE FEES This Ordinance was given first title reading on 10-1-02. Given second title reading on 10-15-01. Given third title reading. ORDINANCE NO. O-29-01 ORDINANCE ADOPTING A STATEMENT FOR MUNICIPAL SERVICES TO BE PROVIDED TO A 59.533 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED. This Ordinance was given first title reading. COMMENTS: Mr. Bretland read a statement that he felt that when the City was notified of an annexation petition, information should be provided so Council can explain to persons who ask "what does an annexation do for the citizens and for the community", with the information provided to include: tax revenue, other monetary benefit to the City, immediate and projected use of the land, immediate and projected cost to the City, increased traffic flow and impact, environmental impact, cost of providing services and time frame of when services would be provided. Mr. Bretland indicated he did not believe an annexation should not be for the benefit of the petitioner, but rather for the benefit of the current residents of the City. Mr. Bretland further commented that there should be an updated master development plan to avoid further "hodge-podge" mix of uses west of I-75, and that the small town flavor of Troy needs to be preserved. 11-5-01 page 3 Mr. Douglas noted that the legislation presented deals with a standard statement of services and is not favoring or denying the annexation. Mr. Wolke commented that the 2002 Development Budget includes an update of the comprehensive plan. He further stated that the City's Statement of Services is a document the County must have by law to consider an annexation. Mr. Wolke also noted that it would be very difficult to give firm answers to Mr. Bretland's questions as there are many variables and that some items, such as usage, are decided by Council; however, the major benefit of having land to be developed inside the City gives the City more control over the future destiny of a piece of land. Mr. Howe suggested that Mr. Bretland's comments were more an issue of zoning than annexation. Mr. Bretland responded that he feels there needs to be more work with the Troy Development Council and other entities and until certain things are in place he is reluctant to approve anything. Mr. Douglas moved for suspension of three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Howe, Mercer, Baker, Saxton, Bretland and Douglas. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton. Yes: Howe, Mercer, Baker, Saxton, Douglas and Beamish. No: Bretland. ORDINANCE ADOPTED COMMENTS OF MAYOR: Mayor Jenkins commented that the Hobart Arena was rededicated on November 4. COUNCIL COMMENTS: . Mrs. Baker commented that she supports Mr. Bretland's comments as citizens are asking about the benefits of annexation and it is difficult to respond when the City or the landowner does not provide information. . Mr. Beamish noted the efforts of teachers and students at Cookson and Kyle Schools to recognize Veterans Day and veterans. . Mr. Howe thanked Mr. and Mrs. Delbert Breese for donating the Christmas tree for the Public Square. AUDIENCE COMMENTS: . Roy Carlson, 425 Shaftsbury, commented that golfers at Miami Shores do not feel golf fees should be increased; the rates are reasonable and should not be raised at this time. (Regarding golf fees, Mr. Lohrer suggested that it might be good to again establish the Miami Shores Golf Course Board to provide input from the golfers regarding fees and other golf issues.) . Pat Jacomet, Jillane Drive, regarding O-13-01, stated he felt the rezoning should be considered from the original document. . Pat Borgerding, 401 W. Ross, regarding O-13-01, asked about the buffer zone. Mr. Douglas stated Council increased the 15' required buffer to 50' to address neighbor concerns. Mr. Borgerding stated he signed the referendum petitions regarding O-13-01, and understands that process may need to be started over and commented "my signature is on there [referendum petition] and it better stand for something". . Jim Reedy, 855 Cartright Ct., stated he feels there is a relationship between level of retention pond and need for his sump pump to operate continuously. . Diane Matthews, Willow Creek, regarding O-13-01, comments she feels there should be assurance that there will not be a flaw in a future vote on the Ordinance. . Mary Huber, 1720 Woodlawn Drive, regarding O-13-01, commented she believes the need to re-vote on the legislation must have some purpose other than that stated. . Brian Thompkins, Westwood, regarding O-13-01, indicated he feels Council should take into account how the residents feel when this Ordinance is again voted on. TROY MAIN STREET REPORT. Carri Walters, Director, gave a report on current Main Street activities and the downtown plans for the holidays. In response to a question from Mr. Mercer regarding membership, Ms. Walters stated membership has not grown and the organization is about $20,000 short in memberships, and the plan is to use "sponsorships" for events rather than membership fees to make up the shortfall. She advised that Presentation Weekend will not sponsor an event for May 2002, and Troy Main Street is working on an event for this time period. Ms. Walters is to provide additional information including membership/sponsor lists. 11-5-01 p.4 TROY REC REPORT. Tom Tingley, Director of the Troy REC, provided an update on REC programs, including that 75-80 youth utilize the REC on a daily basis, 32 students are enrolled in an after/pre school program, MECCA (coffee shop) is open, the exterior murals have been repaired, and the every other week dances are drawing 325 students. A motion was made by Mr. Beamish, seconded by Mrs. Saxton, that Council recess into executive session to discuss the purchase of property for a public purpose. The motion was approved by unanimous roll call vote. At 9:02 p.m. Council recessed into executive session. At 9:18 p.m. Council returned to regular session, made no further comment, and adjourned. _____________/s/_______________ _______________/s/________________ President of Council Clerk of Council |