May 20, 2002
 

MINUTES OF COUNCIL


A regular session of Troy City Council was held Monday, May 20, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Cultice, Mercer, Saxton and Wise.
Upon motion of Mrs. Saxton, seconded by Mr. Wise, Mr. Bretland was excused from this meeting by unanimous roll call vote.

Presiding Officer: William F. Lohrer President of Council

Others Present: Peter E. Jenkins, Mayor
David E. Anderson, Director of Public Service & Safety
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor

MINUTES: The Clerk gave a summary of May 6, 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:
BUILDINGS, STREETS & SIDEWALKS: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Orchard Drive Storm Sewer at a cost not to exceed $35,000.
Report signed by Baker and Cultice.

LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Stone Lake, which is part of the Stonebridge Estates Subdivision with this being a one lot plat of 7.918 acres, containing the 7.684 detention basin/lake that will be maintained by the homeowners association, and accepting the dedication of right-of-way on McKaig Road for future roadway development.
2) Committee recommends legislation be prepared approving Enterprise Zone Agreement #24, with Raymath Co., Inc. for an investment of $520,000 with 75% abatement of real and tangible personal property taxes for 10 years. Committee noted that legislation would not be presented until the 6-3-02 meeting.
3) Committee has reviewed the request of the restaurant Taggart's on the Square to utilize public right-of-way (sidewalk) on the east side of the building to establish an outdoor café via a lease agreement with the City similar to that approved for another public square restaurant, LaPiazza, in 1992, and recommends that the Director of Law prepare an appropriate lease agreement to permit such use. Committee further recommended that the Director of Public Service & Safety establish an administrative regulation to handle tables/chairs in the public right-of-way adjacent to other establishments that may request such usage as long as the serving of alcohol is not a consideration. As a final item, Committee had reviewed a request from the administration that the City consider purchasing up to four café tables to placed in the downtown area, but did not support such purchase at this time.
Reports signed by Mercer, Beamish and Saxton.

RESOLUTION NO. R-38-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A LEASE AGREEMENT WITH TAGGART'S ON THE SQUARE REGARDING USE OF A PUBLIC SIDEWALK, AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Mercer, Wise, Saxton, Beamish, Baker and Cultice.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Cultice.
Yes: Wise, Saxton, Beamish, Baker, Cultice and Mercer.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-39-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROYK, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE ORCHARD DRIVE STORM SEWER IMPROVEMENTS
This Resolution was given first title reading.

5-20-02 page two


Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice.
Yes: Saxton, Beamish, Baker, Cultice, Mercer and Wise.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Beamish.
Yes: Beamish, Baker, Cultice, Mercer, Wise and Saxton.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-20-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 59.533 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note - Holter Annexation)

This Ordinance was given first title reading on 5-6-02.
Given second title reading.

ORDINANCE NO. O-21-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 260.788 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note-WACO Annexation

This Ordinance was given first title reading on 5-6-02
Given second title reading.

ORDINANCE NO. O-22-02
ORDINANCE AMENDING SECTION 351.13 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO THE USE OF PUBLIC STREETS AND ALLEYS WITH RESPECT TO THE PARKING OF CERTAIN TYPES OF VEHICLES AND WATERCRAFT

This Ordinance was given first title reading on 5-6-02.
Given second title reading.

ORDINANCE NO. O-25-02
ORDINANCE ACCEPTING THE FINAL PLAT OF STONE LAKE PLAT IN THE CITY OF TROY, OHIO AND DEDICATING CERTAIN RIGHT-OF-WAY

This Ordinance was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Baker, Cultice, Mercer, Wise, Saxton and Beamish.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise.
Yes: Cultice, Mercer, Wise, Saxton, Beamish and Baker
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-26-02
ORDINANCE AMENDING ORDINANCE NO. O-56-00.

This Ordinance was given first title reading.

Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Mercer, Wise, Saxton, Beamish, Baker and Cultice.
No: None.
Mr. Wise moved for adoption. Motion seconded by Mrs. Baker.
Yes: Wise, Saxton, Beamish, Baker, Cultice and Mercer.
No: None. ORDINANCE ADOPTED

COMMENTS OF MAYOR: Mayor Jenkins commented: 1) Encouraged citizens to attend 5-27 Memorial Day ceremonies and parade. 2) Habitat for Humanity finalized the construction of a new home on Jeep Street. 3) A Heywood 3rd grade class recently formed a corporation and made a $300 profit, which they donated to charity. 4) The 6th Marine Division held a reunion last week in Troy. 5) The Festival of Nations is finalizing their August event.
5-20-02 page three


COUNCIL COMMENTS:
.Mr. Beamish commented that O-22-02 is being held for a third reading for public input. He further commented that in visiting all the wards he noted that most RVs were parked off the street.

AUDIENCE COMMENTS:
.Joyce Moreland, owner of Taggart's, expressed thanks for approval of the lease agreement so she can utilize adjacent sidewalk to serve food/drinks.
.Mike Nash, 745 Bristol, stated he felt the City has not a good job in providing public information on O-22-02, that because the police do not enforce the current 72 hour parking ordinance a stronger ordinance that cannot be enforced is proposed, there has been a car with a flat tire parked on this street for months and it has not even been noticed, no attention is paid to speeding and stop sign violations on Bristol, and he is concerned that he will not be permitted to temporarily park his RV on the street prior to taking a trip or cleaning it out after a trip.

EXECUTIVE SESSION:
A motion was made by Mr. Beamish, seconded by Mrs. Saxton, to recess into executive session to consider the purchase of property for a public purpose. Motion passed by unanimous vote. At 7:35 p.m. Council recessed into executive session. At 8:37 Council returned from executive session, made no further comment, and adjourned at 8:38 p.m.




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President of Council                             Clerk of Council