| December 3, 2001 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 3, 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: An invocation was given by Rev. Krouse, First Lutheran Church. EXECUTIVE SESSION: Mr. Beamish made a motion that Council recess into executive session to consider the purchase of real property for a public purpose. Motion was seconded by Mrs. Saxton, and approved by unanimous roll call vote. At 7:35 p.m. Council recessed into executive session. At 7:39 p.m., Council returned to regular session. A motion was made by Mr. Beamish, seconded by Mrs. Saxton, to amend the agenda of the December 3 meeting of Council to add Ordinance No. 0-38-01. Motion was passed by unanimous roll call vote. The Clerk gave a summary of the November 19, 2001, minutes of Council. There being no corrections or additions, upon motion of Mrs. Baker, seconded by Mr. Howe, these minutes were approved by unanimous roll call vote. BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Pubic Service & Safety to advertise for bids and enter into a contact for Phase II of the Downtown Sidewalk Program at a cost not to exceed $1,850,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Choice One Engineering Corp. to design the W. Market Street improvement project, which is the City's 2002 OPWC project, at a cost not to exceed $65,000. Committee noted that the engineering firm/staff would hold meetings with adjacent property owners to address their concerns as part of the design. Reports signed by Howe, Saxton and Baker. LAW & ORDINANCE COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared providing for the replat of the Sherwood Shopping Center, including dedication of right-of-way at Robin Hood & N. Market; vacate a narrow strip of land to the side of Marsh Market on Robin Hood Lane; vacate a small area on Foss Way, and dedicate utility easements to the rear of the center. 2) Committee recommends legislation be prepared approving the replat of Kensington Section 7 and the Meadows at Kensington, and dedication of right-of-way, to have the plat of Amberly Court conform to the actual construction, which slightly exceeded the roadway width required. 3) Committee recommends legislation be prepared to approve the statement of services for the pending annexations known as Goodrich-Robinson (172.9087 acres Concord Township), Sheafer-Jones (93.3215 acres Concord Township), DeWeese (20 acres Staunton Township), Waco Annexation (262.399 acres Concord Township). Reports signed by Mercer, Saxton and Douglas. SAFETY & HEALTH COMMITTEE: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared providing for the 2002 contract with the Miami County Health District in the amount of $267,030.12. Report signed by Beamish, Howe and Bretland. RESOLUTION NO. R-55-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH CHOICE ONE ENGINEERING CORPORATION FOR THE DESIGN OF THE WEST MARKET STREET IMPROVEMENT PROJECT This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Douglas, Bretland, Mercer, Saxton, Howe, Beamish and Baker. No: None. 12-3-01 p.2 Mr. Howe moved for adoption. Motion seconded by Mrs. Baker. Yes: Bretland, Mercer, Saxton, Howe, Beamish, Baker and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-56-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR PHASE II OF THE DOWNTOWN SIDEWALK PROGRAM This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Mercer, Saxton, Howe, Beamish, Baker, Douglas and Bretland. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Howe, Beamish, Baker, Douglas, Bretland and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-57-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY HEALTH DISTRICT FOR HEALTH SERVICES This Resolution was given first title reading. Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Howe, Beamish, Baker, Douglas, Bretland, Mercer and Saxton. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Saxton. Yes: Beamish, Baker, Douglas, Bretland, Mercer, Saxton and Howe. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-58-01 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER'S COMMISSION FOR 2002 This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Douglas, Bretland, Mercer, Saxton, Howe and Beamish. No: None. Mr. Howe moved for adoption. Motion seconded by Mr. Mercer.. Yes: Douglas, Bretland, Mercer, Saxton, Howe, Beamish and Baker. 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.) 12-3-01 page 3 Given fifth title reading on 11-5-01. Given sixth title reading on 11-19-01. Given seventh title reading. ORDINANCE NO. O-30-01 AN ORDINANCE AMENDING SECTIONS 353.02 THROUGH 353.05, 353.08 THROUGH 353.10 AND 353.10 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO PARKING METERS AND DOWNTOWN PARKING This Ordinance was given first title reading on 11-19-01. Given second title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Howe. Yes: Bretland, Mercer, Saxton, Howe, Beamish, Baker and Douglas. No: None. Mr. Howe moved for adoption. Motion seconded by Mrs. Beamish. Yes: Mercer, Saxton, Howe, Beamish, Baker, Douglas and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-01 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 93.3215 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Saxton, Howe, Beamish, Baker, Douglas, Bretland and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer. Yes: Howe, Beamish, Baker, Douglas, Bretland, Mercer and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-33-01 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 172.9087 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Beamish, Baker, Douglas, Bretland and Mercer, Saxton and Howe. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Douglas. Yes: Baker, Douglas, Bretland, Mercer, Saxton, Howe, and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-34-01 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 20.0 ACRE TRACT IN STAUNTON TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading. Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Bretland, Mercer, Saxton, Howe, Beamish and Baker. No: None. Mr. Howe moved for adoption. Motion seconded by Mr. Beamish. Yes: Bretland, Mercer, Saxton, Howe, Beamish, Baker and Douglas. No: None. ORDINANCE ADOPTED 12-3-01 page four ORDINANCE NO. O-35-01 ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 262.399 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED This Ordinance was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Saxton, Howe, Beamish, Baker, Douglas and Bretland. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Howe, Beamish, Baker, Douglas, Bretland and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-36-01 ORDINANCE ACCEPTING A REPLAT OF SHERWOOD SHOPPING CENTER, VACATING CERTAIN RIGHTS OF WAY, ACCEPTING NEW EASEMENTS AND DEDICATING RIGHT OF WAY This Ordinance was given first title reading. Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Howe, Beamish, Baker, Douglas, Bretland, Mercer and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Howe. Yes: Beamish, Baker, Douglas, Bretland, Mercer, Saxton and Howe. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-37-01 ORDINANCE ACCEPTING THE REPLAT OF KENSINGTON, SECTION 7 AND THE MEADOWS AT KENSINGTON IN THE CITY OF TROY, OHIO AND DEDICATING CERTAIN RIGHT OF WAY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Baker, Douglas, Bretland, Mercer, Saxton, Howe and Beamish. No: None. Mr. Howe moved for adoption. Motion seconded by Mrs. Saxton. Yes: Douglas, Bretland, Mercer, Saxton, Howe, Beamish and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-38-01 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE FOR MUNICIPAL USE IN THE CITY OF TROY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Bretland, Mercer, Saxton, Howe, Beamish, Baker and Douglas. No: None. Mrs. Baker moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Saxton, Howe, Beamish, Baker, Douglas and Bretland. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR: Mayor Jenkins commented that a well attended open house of the newly renovated City Hall was held Dec. 2. 12-3-01 page five COUNCIL COMMENTS: . Mrs. Baker, stated she was pleased that the City was purchasing the Shanesy property (O-38-01). AUDIENCE COMMENTS: Elmer Jordan, 2586 S. Brookview, questioned the City wanting to annex the entire area of the WACO Annexation, questioning annexing the Harbor property (junk yard), the Canal Lock #13 and gravel pits, unless the City is willing to improve these areas, but he did see the need to protect the aquifer. Mr. Jordan stated he continues to be very interested in maintaining the canal locks, would like to the see the bike path extended, and would like the City to provide a fishing/recreation area. There being no further comments, Council adjourned at 8:40 p.m. _________________/s/___________ ________________/s/____________________ President of Council Clerk of Council |