(return to 2002 Minutes)

July 15, 2002


MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, July 15, 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
David E. Anderson, Director of Public Service & Safety
R. Craig Helmer, Auditor
W. McGregor Dixon, Jr., Director of Law

An invocation was given by Councilmember Beamish.

PUBLIC HEARING. At. 7:02 p.m. Mr. Lohrer opened the public hearing on the tax budget (R-45-02). There were no comments in this regard and at 7:03 p.m. Mr. Lohrer declared this public hearing closed.

At 7:03 p.m. Mr. Lohrer opened the public hearing on the rezoning covered by Ordinance No. O-30-02. There were no comments in this regard, and at 7:04 p.m., Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the July 1, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mr. Beamish, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the improvement of the N. Cherry Street Parking Lot at a cost not to exceed $85,000 noting that, as this will be a joint City-County project since the County owns the north side of the lot, Miami County will reimburse the City 43.2% of the project, or an amount not to exceed $40,000.
Report signed by Bretland, Cultice and Baker.

FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared declaring some city vehicles as surplus property not needed for a public purpose and authorizing the Director of Public Service & Safety to advertise for the sale of such vehicles to the highest and best bidder(s). 2) Committee recommends legislation be prepared to amend the Economic Development Revolving Loan Fund guidelines to permit applicants for "primarily recreational" purposes to be considered and that RLF loans be approved for the Troy Roll-Away Skating Rink ($70,000), South Dorset Road Pop-Stop ($79,000) and Bamboo Grill ($200,000).
Reports signed by Cultice, Mercer and Beamish.

LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends O-28-02, the Goodrich-Robinson Annexation, be approved. 2) Committee recommends legislation be prepared approving a replat of lots on Staunton Road, west of Troy High School, and the dedication of Staunton Road right-of-way. 2) Committee recommends legislation be prepared approving the amendment and assignment of the rights and responsibilities of Enterprise Zone Agreement #10 from Prestolite Power Corp. to Ametek Prestolite Power & Switch Division of Ametek, Inc. Committee further recommended legislation be prepared as an emergency measure so that the August taxes can be filed in the name of Ametek. 3) Committee recommends Council adopt O-27-02, rezoning of the Troy Lumber Co. site.
Report signed by Beamish, Mercer and Saxton.
Oral Report. Mrs. Saxton reported regarding requests of the Mayor to approve Board appointments and reappointments. Upon motion of Mrs. Saxton, seconded by Mr. Mercer, and a unanimous roll call vote, Alan Kappers was reappointed to the Board of Park Commissioners for a 3-year term commencing 7-16-2002. Upon motion of Mrs. Saxton, seconded by Mr. Mercer, by unanimous roll call vote, Ann Horner and Sandy Altier were appointed to the City Beautification Committee and Gareth Johnston, Rosaleen Rayman and Lisa Bell reappointed to the City Beautification Committee for 2-year terms commencing 7-1-2002.

UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for diffusers for the Wastewater Treatment Plant at a cost not to exceed $70,000.
Report signed by Saxton, Wise and Mercer.

7-15-02 Page 2



RESOLUTION NO. R-44-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS FOR THE SALE OF EXCESS VEHICLES NO LONGER NEEDED FOR PUBLLIC PURPOSE

This Resolution was given first title reading.

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


RESOLUTION NO. R-45-02
RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003 AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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


RESOLUTION NO. R-46-02
RESOLUTION AMENDING ENTERPRISE ZONE AGREEMENT # 10 FOR THE PURPOSE OF ASSIGNING THE RIGHTS AND RESPONBSIBILITIES OF PRESTOLITE POWER AND SWITCH DIVISION OF AMETEK, INC. AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE THE ASSIGNMENT AND AMENDMENT TO THE PREVIOUSLY APPROVED AGREEMENT AND RELATED DOCUMENTS AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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


RESOLUTION NO. R-47-02
RESOLUTION AMENDING THE CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND PLAN

This Resolution was given first title reading.

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

7-15-02 Page 3


RESOLUTION NO. R-48-02
RESOLUTION APPROVING THE APPLICATION OF STEPHEN H. MIKOLAJEWSKI AND LAVONNA E. MIKOLAJEWSKI FOR ASSISTANCE FROM THE CITY OF TROY'S CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

This Resolution was given first title reading.

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

RESOLUTION NO. R-49-02
RESOLUTION APPROVING THE APPLICATION OF DAVID KUO AND MELISSA KUO FOR ASSISTANCE FROM THE CITY OF TROY'S CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

This Resolution was given first title reading.

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

RESOLUTION NO. R-50-02
RESOLUTION APPROVING THE APPLICATION OF ROAD-POP STOP, INC. FOR ASSISTANCE FROM THE CITY OF TROY'S CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

This Resolution was given first title reading.

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

RESOLUTION NO. R-51-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE NORTH CHERRY STREET PARKING LOT

This Resolution was given first title reading.

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

RESOLUTION NO. R-52-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF DIFFUSERS

This Resolution was given first title reading.
7-15-02 Page 4


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

ORDINANCE NO. O-27-02
AN ORDINANCE CHANGING ZONING FOR A 2.9 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL BUSINESS ZONING DISTRICT

This Ordinance was given first title reading on 6-17-02.
Given Public Hearing and second title reading on 7-1-02.
Given third title reading.

Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker.
Yes: Wise, Saxton, Beamish, Baker, Mercer, Bretland and Cultice.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-28-02
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 172.9078 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading on 7-1-02
Given second title reading.

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


ORDINANCE NO. O-30-02
AN ORDINANCE CHANGING ZONING FOR A 0.872 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL BUSINESS ZONING DISTRICT

This Ordinance was given first title reading on 7-1-02.
Given Public Hearing and second title reading.

ORDINANCE NO. O-31-02
ORDINANCE ACCEPTING A REPLAT OF OUTLOTS 277 THROUGH 280 AND PART OF OUTLOT 281 AND DEDICATING RIGHT OF WAY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-32-02
AN ORDINANCE CHANGING ZONING FOR A 19.4 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURAL DISTRICT, TO R-3, SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given first title reading.
7-15-02 Page five

COMMENTS OF MAYOR: Mayor Jenkins commented: there will be a concert on the Square on 7-19; he has met a number of foreign visitors to Troy the past week; over 300 persons participated in the skating competition at the Hobart Arena over the weekend; and he attended the start of the sixth Habitat for Humanity home in Troy.

COMMENTS OF CITY AUDITOR: Mr. Helmer thanked Council for approval of the Tax Budget (R-45-02).

COUNCIL COMMENTS:
.Mr. Bretland commented that dirt removed from the excavation of the Presbyterian Church is being used to fill in low spots at Trostle Park.
.Mrs. Baker stated she was pleased to see the joint efforts of the Police and Fire Departments in working on the Bike Camp for youth.
.Mr. Mercer asked about a bump on Peters Avenue, and was told this will be smoothed out.

AUDIENCE COMMENTS:
.Carrie Walters, Director of Troy Main Street, thanked Council for approval of the ED RLF for the Bamboo Grill on West Main Street.




There being no further business, the meeting adjourned at 7:55 p.m.





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President of Council                              Clerk of Council