August 19, 2002
MINUTES OF COUNCIL
A regular session of Troy City Council was held Monday, August 19, 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 Baker.
MINUTES: The Clerk gave a summary of the August 5, 2002 meeting of Council.
There were no corrections or additions in this regard, and upon motion of
Mrs. Baker, 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 authorizing an agreement
with Dayton Power & Light for the payment of $70,044 to said company for
electrical work associated with Streetscape Phase II.
Report signed by Cultice, Bretland and Baker.
LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee recommends
legislation be prepared authorizing the release of part of the mortgage held
on the Dye Building related to the loan for Bake House Bread Company so that
part of the building can be sold, with the release not taking place until
the mortgage is satisfied, and that a lot split be approved so that there
can be separate owners of the two areas of the building.
Report signed by Beamish, Mercer and Saxton.
Mrs. Saxton gave the oral report that Committee will delay reporting on
Ordinance No. O-32-02 as a second public hearing will be held on the
rezoning request as inadvertently not all surrounding property owners within
250’ of that proposed to be rezoned were notified.
RECREATION & PARKS. Mr. Bretland, Chairman, reported that Committee
recommends legislation be prepared authorizing a lease agreement with the
Board of Education for the Board’s use of the Troy Memorial Stadium as
worked out between the Board of Park Commissioners, the City Administration
and the Board’s representative.
Report signed by Wise, Baker and Bretland.
RESOLUTION NO. R-57-02
RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY,
OHIO, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF EDUCATION OF THE TROY
CITY SCHOOL DISTRICT, TROY, OHIO, FOR THE USE OF THE TROY MEMORIAL STADIUM
This Resolution was given first title reading.
Mr. Bretland moved for suspension of rules requiring three readings. Motion
seconded by Mrs. Saxton.
Yes: Cultice, Beamish, Wise, Bretland, Saxton, Baker and Mercer.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Beamish, Wise, Bretland, Saxton, Baker, Mercer and Cultice.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-58-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY
OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH DAYTON POWER AND LIGHT COMPANY
FOR STREETSCAPE WORK
This Resolution was given first title reading.
8-19-02 Page Two
Mrs. Saxton moved for suspension of rules requiring three readings. Motion
seconded by Mr. Mercer.
Yes: Wise, Bretland, Saxton, Baker, Mercer, Cultice and Beamish.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Cultice.
Yes: Bretland, Saxton, Baker, Mercer, Cultice, Beamish and Wise.
No: None. RESOLUTION 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 on 7-15-02.
Given public hearing and second title reading on 8-5-02.
Given third title reading.
ORDINANCE NO. O-35-02
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY
OF TROY, OHIO TO APPROVE A REPLAT FOR CERTAIN PROPERTY UNDER MORTGAGE AND
RELEASE CERTAIN REAL ESTATE HELD AS SECURITY FOR SAID MORTGAGE AND DECLARING
AN EMERGENCY
This Ordinance was given first title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion
seconded by Mr. Cultice.
Yes: Saxton, Baker, Mercer, Cultice, Beamish and Wise.
No: Bretland.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Baker, Mercer, Cultice, Beamish, Wise, Bretland and Saxton.
No: None. ORDINANCE ADOPTED
COMMENTS OF THE MAYOR: The Mayor commented that two events were held
downtown the past weekend and well attended – the Festival of Nations of
8-17 and the Mayors Concert on 8-18.
At the request of Mayor Jenkins, two members of the Troy-Takahashi Student
Exchange delegation (Mason Klein, student, and Sue Knight, adult delegate)
explained highlights of the visit to Troy’s Sister City, Takahashi City,
Japan, that took place from Aug. 9/17, 2002.
COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented that O-35-02,
regarding the Dye Building property, is another example of using incentives
to have an owner-occupied building/business.
COUNCIL COMMENTS:
-Mrs. Baker asked if the proposed sidewalk program (to have sidewalks
replaced in residential areas which pose a dangerous situation for
pedestrians) includes installing sidewalk where none exists. Mr. Anderson
commented that the first phases would not as those phases will address trip
and fall hazards and safety concerns in school areas, and that different
sections of the ORC apply to replacing sidewalk and installing missing or
non-existing sidewalks. It was noted that later phases might address
installing sidewalks where none exits.
-Mrs. Saxton stated she has received calls about the vehicles, etc., behind
the Hilltop Lounge on W. Market and asked if there is recourse to this
situation. She was advised that the situation at that location predates the
current code provisions, so there are no regulations that can be imposed on
the vehicles, etc. at this time.
-Mr. Mercer asked who would make the final decision on any changes to the
traffic pattern around the public square. Mr. Anderson commented that it
would be an administrative decision he would make after consultation with
City staff and the traffic engineer hired to make an evaluation and
recommendations. Mr. Mercer commented that a change may be difficult for
many local citizens and he is concerned about advanced warning to avoid
accidents. Mr. Anderson commented that if a change were made, a variety of
temporary warnings would be utilized for visual impact.
-Mr. Mercer asked about Department Head requirements to routinely attend
Council meetings, stating he understands that a Department Head is usually
present when an item to be considered impacts or pertains to that
department.
-Mr. Bretland stated that he feels a lot of people are starting to neglect
the appearance of their yards.
-There was a comment regarding lack of bike path crossing warnings on Lytle
Road.
8-19-02 Page Three
AUDIENCE COMMENTS: Mrs. Wagner, 621 S. Union Street, stated she feels there
is excessive and speeding truck traffic in her neighborhood from the Harris
Harbor business, as well as dirt left on the street from the trucks and the
trucks block driveways at times. Mrs. Wagner asked if there can be some
relief for the situation, and she also suggested more curbing be painted
yellow. Mr. Anderson commented that handling truck traffic is difficult when
residential areas are bounded by industrial and commercial sites and the
trucks have to drive through the residential neighborhoods to access their
businesses; however, he has been looking at ways to more strictly define
where the trucks may travel. It was also noted that staff has been
monitoring the situation from the Harbor business and that Mr. Harbor has
not followed through on some commitments that have been made. Staff will be
contacting Mr. Harbor again.
There being no further business, the meeting adjourned at 8:00 p.m.
___________/s/_________________ _______________/s/_________________
President of Council
Clerk of Council
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