| January 22, 2002 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 22, 2002, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins , Mayor N. Lawrence Wolke, Director of Public Serviced & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION: Rev. Barber, Nazarene Church, gave an invocation. MINUTES: The Clerk gave a summary of January 7, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE. Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared to accept the supplemental tax rates forwarded for approval by the County Budget Commission to amend the millage to be collected for the Miami Conservancy District, with the legislation submitted as an emergency measure so the acceptance can be returned to the County. Report signed by Cultice, Mercer and Beamish. RESOLUTION NO. R-2-02 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFIYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Cultice, Bretland, Baker, Wise, Beamish, Mercer and Saxton. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Bretland, Baker, Wise, Beamish, Mercer, Saxton and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-3-02 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFIYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Baker, Wise, Beamish, Mercer, Saxton, Cultice and Bretland. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Baker. Yes: Wise, Beamish, Mercer, Saxton, Cultice, Bretland 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 1-22-02 page two 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 on 11-5-01. Given sixth title reading on 11-19-01. Given seventh title reading on 12-3-01. Given public hearing and eighth title reading on 12-17-01. Given ninth title reading on 1-7-02. Given tenth title reading. Discussion: At the request of Mr. Lohrer, Mr. Dixon explained the following regarding O-13-01: .As in the case of most rezonings, an application was presented to the Planning Commission by the property owner/ agent for owners. .The Planning Commission does not look at, or necessarily care about, the exact use but looks at the highest and best use for the property, as any zoning has a multitude of permitted uses. .As a part of the discussions by Council, two conditions were added to the Ordinance – a 50’ buffer and an attempt to preserve trees within the 23 acres. Establishing conditions as a part of a zoning change is not routine. Staff can easily monitor the buffer, but the tree preservation will be more subjective. These two conditions will remain part of the rezoning and be imposed on any developer if the Ordinance is adopted. .A twist to this Ordinance is that the City has been sued in association with the July approval of the Ordinance; however, the fact of a law suit should be ignored and not be a consideration in a vote on the Ordinance, and is not a reason to delay action. .If Council feels the proposed R-7 zoning is in the best interest of this parcel of land, then the rezoning should be approved. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: None. No: Beamish, Mercer, Saxton, Cultice, Bretland, Baker and Wise. ORDINANCE FAILED ADOPTION COMMENTS OF MAYOR: Mayor Jenkins commented that: he participated in several ceremonies to mark the birthday holiday of Dr. Martin Luther King; at one of the ceremonies an award was presented to Steve Baker, husband of Councilmember Baker; he has been encouraging Graeter’s Ice Cream to establish a Troy location and will be meeting with company representatives in the next week; on 1-31-02, representatives of ODOD will be in Troy to present the $400,000 check for the Downtown Revitalization Program; and, recognizing that N. Lawrence Wolke will retire on January 31 from the position of Director of Public Service and Safety, the Mayor thanked Mr. Wolke for his work, efforts, and dedication on behalf of the City. COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Wolke commented that he would be remaining in Troy after his retirement and that he appreciated being able to serve the City of Troy. COUNCIL COMMENTS: . Members of Council expressed appreciation for Mr. Wolke’s nine plus years of service to the City of Troy, and wished him well in his retirement. . Mr. Mercer asked about the “grit” on the street and was advised that this produce, purchased in prior years to help with ice control, is being mixed in with other ice control substances. . Mr. Bretland commented that Council will be holding regular committee meetings, starting at 4:00 p.m. the 2nd and 4th Mondays of the month. 1-22-02 page three STAFF COMMENTS: Steve Leffel, Public Works Director, provided an update of projects, commenting that a punch list is still being worked on for the City Hall renovation and work has started on the West Main (OPWC) improvement. There being no further comments, Council adjourned at 7:40 p.m. ________________/s/_____________ ________________/s/________________ President of Council Clerk of Counci |